Title 10 — PLANNING AND ZONING

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Title 10 - PLANNING AND ZONING PART I - —GENERAL PROVISIONS Chapter 10.01 - GENERAL PROVISIONS

10.01.010 - Title.

Title 10 of the Municipal Code shall be known and cited as the "Planning and Zoning Ordinance of the City of Manhattan Beach," or "Planning and Zoning Ordinance."

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.01.020 - Components.

The Planning and Zoning Ordinance shall have the following components:

A.

Regulations, known as the zoning regulations, establishing various classes of zoning districts and area districts and governing the use of land and the placement of buildings and improvements within districts.

B.

A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts and area districts within the City of Manhattan Beach.

A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be kept on file with the City Clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect also shall be kept on file with the Director of Community Development.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.01.030 - Purposes.

The broad purposes of the Planning and Zoning Ordinance are to protect and promote the public health, safety, and general welfare, and to implement the policies of the City of Manhattan Beach General Plan, as provided in the California Government Code, Title 7, Chapters 3 and 4 and in the California Constitution, Chapter 11, Section 7. More specifically, the Planning and Zoning Ordinance is intended to:

A.

Provide a precise guide for the physical development of the city in order to:

Preserve the character and quality of residential neighborhoods consistent with the character of the four area districts of the City;

2.

Foster convenient, harmonious, and workable relationships among land uses; and

3.

Achieve progressively the arrangement of land uses described in the General Plan.

B.

Promote the economic stability of existing land uses that are consistent with the General Plan and protect them from intrusions by inharmonious or harmful land uses.

C.

Prevent excessive population densities and overcrowding of land or buildings.

D.

Ensure the provision of adequate open space for light, air, and fire safety.

E.

Permit the development of office, commercial, industrial, and related land uses that are consistent with the General Plan in order to strengthen the city's economic base.

F.

Require the provision of adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system.

G.

Ensure that service demands of new development will not exceed the capacities of existing streets, utilities, or public services.

H.

Conserve and enhance the city's architectural and cultural resources.

I.

Conserve and enhance key visual features of Manhattan Beach's setting, including its low-profile character, the Strand, the Hill Section and the Tree Section of the community, consistent with the General Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Structure of Regulations. The zoning regulations are divided into five parts:

Part I: General Provisions

Part II: Base District Regulations

Part III: Overlay District Regulations

Part IV: Site Regulations

Part V: Administrative Regulations

B.

Types of Regulations. Three types of zoning regulations control the use and development of property:

1.

Land Use Regulations specify land uses permitted, conditionally permitted, or prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in Part II of the zoning regulations; land use regulations for overlay districts are in Part III. Certain regulations, applicable in all or several districts, are in Part IV.

2.

Development Regulations control the height, bulk, location, and appearance of structures on development sites. Development regulations for base zoning districts and area districts are in Part II of the zoning regulations; development regulations for overlay districts are in Part III. Certain development regulations, applicable in more than one class of base or overlay districts, are in Part IV. These include regulations for site development, parking and loading, signs and nonconforming uses and structures.

3.

Administrative Regulations contain detailed procedures for the administration of zoning regulations, including requirements for notice and public hearings on use permits and variances; minor exceptions; condominium conversions; development agreements; amendments; appeals of zoning decisions; and enforcement. Administrative regulations are in Part V.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.01.050 - General rules for applicability of zoning regulations.

A.

Applicability to Property. Zoning regulations shall apply to all land within the City of Manhattan Beach and to state or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.

B.

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

C.

Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district except in accord with the provisions of this title.

D.

Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance.

E.

Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.

F.

Requests for Notice. Where this title requires that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the Director of Community Development and shall be subject to the applicable fees set to cover mailing costs.

G.

Notice to Surrounding Property Owners. Normally, notice shall be mailed to all owners of real property as shown on the latest equalized assessment roll within 500 feet of the property that is the subject of the hearing, as required by state law. In lieu of utilizing the assessment roll, applicants may submit and the City may use records of the County Assessor, Tax Collector, or the City's contractor for such records.

H.

Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, title, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title.

I.

Relation to Private Agreements. This title shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this title imposes greater restriction than imposed by an easement, covenant, or agreement, this title shall control.

J.

Relation to Prior Ordinance. The provisions of this title supersede all prior zoning ordinances, as amended, of the City of Manhattan Beach, except that no provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless specifically authorized by this title.

K.

Application During Local Emergency. The City Council may authorize deviations from any provision of this title during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing.

L.

Severability. If any section, subsection, sentence, or phrase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this title would be declared invalid or unconstitutional.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

10.01.060 - Applicability of land use and development regulations.

A.

Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning and area district designations consisting of classes of letter designators:

1.

A land use regulations designator, indicating the principal land uses permitted or conditionally permitted in each zoning district, shall be a component of all zoning designations.

2.

An Area District boundary designation, indicating a geographic area of the City (I, II, III, or IV) where specific zoning regulations and development standards apply. For reference, the four Area Districts are illustrated in the figure on the following page.

3.

Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site.

B.

Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:

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*For details see Part III.

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C.

Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

*For details see Part III.

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D.

References to Classes of Base Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to an I district shall refer to the IP industrial district.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.01.070 - Rules for interpretation; recordkeeping.

A.

Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the Director of Community Development shall determine the intent of the provision.

B.

Zoning Map. Where uncertainty exists regarding the boundary of a zoning district or area district, the following rules shall apply:

1.

District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2.

On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3.

District boundaries shown as approximately following right-of-way lines of streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4.

District boundaries shown as lying within right-of-way lines of streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5.

Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Director of Community Development.

C.

Record of Interpretation. The Director of Community Development shall keep a record of interpretations made pursuant to this section which shall be available to the public for review.

D.

Appeals. An interpretation of the zoning regulations or zoning map by the Director of Community Development may be appealed to the Planning Commission, as provided in Part V.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.04 - DEFINITIONS

The purpose of this chapter is to ensure precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context clearly indicates a different meaning or construction.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

In addition to the General Provisions of the Municipal Code, the following rules of construction shall apply:

A.

The particular shall control the general.

B.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1.

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

2.

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

3.

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

C.

In case of conflict between the text and a diagram, the text shall control.

D.

All references to departments, commissions, boards, or other public agencies are to those of the City of Manhattan Beach, unless otherwise indicated.

E.

All references to public officials are to those of the City of Manhattan Beach, and include designated deputies of such officials, unless otherwise indicated.

F.

All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday (as specified in City Administrative Instruction No. 45, or as otherwise designated by the City Council/Manager), or some other occasion (such as a natural disaster) for which City Hall is closed to the public, it shall be extended to the next working day.

G.

Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.

H.

The present tense includes the future, and the future the present.

I.

The singular number includes the plural, and the plural the singular.

J.

References in the masculine and feminine genders are interchangeable.

K.

The words "activities" and "facilities" include any part thereof.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, ; Ord. No. 1860, Amended, 10/29/92)

Abutting or adjoining: Having district boundaries or lot lines in common.

Acre, Gross: A measure of land area.

Acre, Net: A measure of developable land area, after excluding existing dedicated rights-of-way and flood control and drainage easements.

Alley: A public way having a width of not more than twenty feet (20′) permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alter: To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure.

Alteration: (See Alter).

Alternative-fuel Vehicle Charging Systems: Equipment used to recharge a vehicle that uses alternative energy as fuel, such as compressed natural gas (CNG), electricity or other non-petroleum derived fuels.

Amendment: A change in the wording, context or substance of this title, or a change in the district boundaries on the zoning map.

Animal, Domestic: Small animals of the type generally accepted as pets, including dogs, cats, rabbits, hens, fish and the like, but not including roosters, ducks, geese, pea fowl, goats, sheep, hogs or the like.

Animal, Exotic: Any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

Animal, Large: An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.

Animal, Small: An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels.

Area District: One of four areas designated on the zoning map for purposes of defining property development regulations that establish minimum lot areas, minimum yards, and maximum area coverage appropriate for that area.

Area, Lot, Parcel, or Site: The horizontal area within the property lines excluding public-access corridors, flood control and drainage easements, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

Areas, Specified Anatomical: Human genitals (pubic region), buttocks, or female breasts below a point immediately above the upper line or curve of the areola when less than completely and opaquely covered; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Balcony: A cantilevered platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet not exceeding forty-two inches (42″) above the platform surface.

Basement: Any floor level, or portions thereof, below the first story in a building. Any building having only one floor level shall be classified as a basement unless such a floor level qualifies as a first story as defined herein. A floor level may be divided between portions qualifying as a basement and portions qualifying as a story. Any portion qualifying as a story shall be considered to have a minimum dimension of twenty feet (20′) measured perpendicular from the outside face(s) of the exterior building wall(s), which disqualifies that area as a basement (see graphic illustration).

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Blockface: The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

Body Art: Term for any activity or combination of activities defined herein as tattooing and/or body piercing. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, which constitutes the practice of medicine requiring license as a physician and a business operated as a medical clinic.

Body Art Studio: A business located on permanent premises or facility used or operated in whole or in part as a tattoo or body piercing studio. This use excludes "body piercing, incidental," as defined in this Section 10.04.030.

Body Piercing: Penetration of the skin to make, generally permanent in nature, a hole, mark, or scar.

Body Piercing, Incidental: The provision of ear-piercing or similar services as an incidental part of a retail sales establishment, with majority of the business consisting of related retail sales.

Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. Buildings or portions of buildings that are attached by a minimum of 6 feet of common wall or a solid roof area having a minimum eight foot (8′)dimension in all horizontal directions shall be considered a single building.

Bulk Storage: A large or primary area devoted to the storage of stock merchandise in enclosed areas inaccessible to the public, incidental to a primary use.

Caretaker's quarters: A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.

Cellar: (See Basement).

Chimney: A hollow shaft containing one or more passageways, vertical or nearly so, for conveying products of combustion to the outside atmosphere.

City: The City of Manhattan Beach.

Cluster, Building: A group of buildings located in close proximity to each other and oriented towards a visible area of focus, which is separated from other groups of buildings on the same site by a large average distance.

Coastal Zone: A geographic zone adjacent to the shoreline, the boundaries of which are determined by the California Coastal Act of 1976, as amended.

Collection Buildings: Buildings with a gross floor area of two hundred twenty-five (225) square feet or less used for the deposit and storage of household articles or recyclables donated to a nonprofit organization.

Conditionally Permitted: Permitted subject to approval of a conditional use permit or temporary conditional use permit.

Condominium: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.

Conforming Building: A building that fully meets the requirements of Title 9 (Building Regulations) and also conforms to all property-development regulations and requirements prescribed for the district in which it is located.

Coverage, Lot or Site: The percentage of a site covered by roofs, soffits, or overhangs extending more than two and one-half feet (2.5′) from a wall and by decks more than thirty inches (30″) in height.

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LOT COVERAGE

Daylight Plane: An inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site.

Deck: A platform, either free-standing or attached to a building, but without a roof, that is supported by pillars, posts, or walls (see also: Balcony).

Distribution Line: An electric power line bringing power from a distribution substation to consumers.

District: A portion of the City within which the use of land and structures and the location, height, and bulk of structures are governed by this ordinance. This ordinance establishes "area districts," "base zoning districts" for residential, commercial, industrial, public and open space uses, and "overlay districts," which modify base district regulations.

Dwelling, Multi-family: A building containing two (2) or more dwelling units.

Dwelling, Single-Family: A building containing one (1) dwelling unit.

Dwelling Unit: One (1) or more rooms with a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.

Environmental Impact Report (EIR): A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines.

Exemption, Categorical: An exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, based on a finding by the California Secretary for Resources that the class of projects does not have a significant effect on the environment.

Family: A single individual or two (2) or more persons living together as a single housekeeping unit in a dwelling unit.

Floor Area, Buildable: The total enclosed area of all stories of a building, measured to the outside face of the structural members in exterior walls, and thirty percent (30%) of the area of all basements of a building that are not entirely below local grade, and including halls and the area of the stairs, but excluding floor area under stairs and those portions of a basement that are entirely below grade (see graphic illustration). The following elements also are excluded from a determination of buildable floor area:

Commercial and Industrial Districts: That area used exclusively for vehicle parking and loading and in service and mechanical rooms, enclosed vertical shafts, or elevators.

Single-family Residential Districts:

Area Districts I and II: That area used for vehicle parking and loading, up to four hundred (400) square feet on lots where two (2) enclosed parking spaces are required and provided, and up to six hundred (600) square feet where three (3) enclosed parking spaces are required and provided. Up to two hundred (200) square feet of basement area for purposes of storage and mechanical equipment use. Basement areas located entirely below local grade, and the related wells if they are the minimum size required by the UBC. A condition of "entirely below local grade" exists where the vertical dimension between the local grade elevation and finished floor of the next floor above is no greater than two feet (2′).

Area Districts III and IV: That area used for vehicle parking and loading, up to four hundred (400) square feet on lots where two (2) enclosed parking spaces are required and provided, and up to six hundred (600) square feet where three (3) enclosed parking spaces are required and provided. Up to two hundred (200) square feet of basement area for purposes of storage and mechanical equipment use. Basement areas located entirely below local grade, and the related wells if they are the minimum size required by the UBC. A condition of "entirely below local grade" exists where the vertical dimension between the local grade elevation and finished floor of the next floor above is no greater than two feet (2′).

Multi-family Residential Districts: That area used exclusively for vehicle parking and loading. Up to two hundred (200) square feet of basement area for purposes of storage and mechanical equipment use. Basement areas located entirely below local grade, and the related wells if they are the minimum size required by the UBC. A condition of "entirely below local grade" exists where the vertical dimension between the local grade elevation and finished floor of the next floor above is no greater than two feet (2′).

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PROPOSED BASEMENT/STORY CONDITIONS COUNTED AS BFA

Floor Area Factor (FAF): The factor utilized in determining buildable floor area.

Floor Area, Gross: The total area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, vertical shafts (including elevators and vent shafts), and unenclosed usable areas not surrounded by exterior walls which are under a horizontal projection of a solid roof or floor above. In addition, the following shall be included: basements, garages and covered supports.

Floor Area, Gross Leasable: The total leasable area within a building, excluding spaces shared by multiple tenants such as, but not limited to: lobbies, circulation (including hallways, elevators and stairs), utility and mechanical equipment rooms, and public restrooms.

General Plan: The City of Manhattan Beach General Plan, as amended.

Grade, Existing: The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.

Grade, Ground Level Finished: The average of the finished ground level at the exterior perimeter of all walls of a building. In cases where walls are parallel to and within five feet (5′) of a front or corner side property line, the ground level shall be measured at the property line.

Grade, Local: The ground elevation adjacent to a specified location on the exterior of a building (existing or finished, whichever is lower). It is to be taken as the lowest point on a line between the location specified and the nearest property line if the property line is within five feet (5′) of the building, or, if not, between the building and a point five feet (5′) outward from the building. For purposes of determining height above or below grade for a specified location on a building not on its perimeter, the local grade shall be considered to be the local grade corresponding to the nearest perimeter location.

Grade, Street: The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

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GRADE STANDARDS

Greywater Retention/Detention Features: A device or system designed to collect, store, and transport greywater, as defined by the California Plumbing Code, which may include tanks, valves, filters, pumps, or other appurtenances along with piping.

Guest House (or Accessory Living Quarters): Any living area located within a main or an accessory building which does not have direct interior access to the dwelling unit. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Such guest quarters, or accessory living quarters, shall be permitted only on a lot with one (1) single family residence, except as provided for in Section 10.52.050(F) Residential Zones-Adjacent Separate Lots with Common Ownership. This Guest House, or accessory living quarters, shall be a maximum of five hundred (500) square feet in size, limited to one (1) habitable room, and contain a maximum of three (3) plumbing fixtures.

Height: A vertical dimension measured from local grade, unless otherwise specified.

Home Occupation: Occupations conducted in a dwelling unit or accessory building in a residential district that are incidental to the principal residential use of a lot or site.

Illumination, Direct: Illumination by means of light that travels directly from its source to the viewer's eye.

Illumination, Indirect: Illumination by means only of light cast upon an opaque surface from a concealed source.

Kitchen: A room or other interior space designed, intended or used for the preparation of food.

Landscaping: An area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping.

Landscaping, Interior: A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and load facilities or to similar paved areas).

Landscaping, Perimeter: A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

Lot: A site or parcel of real property delineated with a number or other separate designation on a plat duly recorded in the office of the County Recorder.

Lot, Corner: A site bounded by two (2) or more adjacent street property lines that have an angle of intersection of not more than one hundred thirty-five degrees (135º).

Lot Depth: The horizontal distance from the midpoint of the front-lot line to the midpoint of the rear-lot line, or to the most distant point on any other lot line where there is no rear-lot line.

Lot, Key: The first lot to the rear of a reverse corner lot, whether or not separated by an alley.

Lot or Property Line, Rear: A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within forty-five degrees (45º) of being parallel to the front lot line, a line ten feet (10′) in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line.

Lot or Property Line, Front: The street or alley property line of an interior lot. The front property line of a corner lot shall be the shorter street or alley property line, provided that where one street or alley property line is at least seventy-five percent (75%) of the length of the other street or alley property line, the Community Development Director shall determine the location of the front property line. In no case shall the front property line of a street-alley lot adjoin the alley which is approximately parallel to the street.

Lot or Property Line, Interior: A lot line not abutting a street.

Lot or Property Line, Side: Any lot line that is not a front lot line or a rear lot line.

Lot or Property Line, Street: A lot line abutting a street.

Lot, Reverse Corner: A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of said corner lot abuts.

Lot, Street-Alley: A lot having frontage on a street and an alley.

Lot, Through: A site bounded by parallel, or approximately parallel, street property lines that are not side property lines.

Lot Width: The mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at points twenty feet (20′) from the front lot line and twenty feet (20′) from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line.

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Lot Width = (x + y)/2

LOT DEPTH AND LOT WIDTH

Maintenance and Repair: Reconstruction or renewal of any part of an existing building for the purpose of its preservation.

Manufactured Home: A modular housing unit on a permanent foundation that conforms to the National Manufactured Housing Construction and Standards Act. For purposes of this definition, a mobile home is considered a manufactured home.

Mezzanine: An intermediate floor placed within a room, and meeting the requirements of a mezzanine contained in the Building Regulations (Title 9, Chapter 9.01 of the Municipal Code).

Multi-Family Transient Use: Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days.

Municipal Code: The Municipal Code of the City of Manhattan Beach, as amended.

Nonconforming Structure: A structure that was lawfully erected but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this title or by reason of annexation of territory to the City.

Nonconforming Use: A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this title or by reason of annexation of territory to the City.

Off-Street Loading Facilities: A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Off-Street Parking Facilities: A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

Open Space, Private: A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Open Space, Shared: An open space within a residential development reserved for the exclusive use of residents of the development and their guests.

Open Space, Total: The sum of private open space and shared open space.

Open Space, Usable: Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, that is not more than seventy-five percent (75%) covered by buildable floor area, and has a minimum dimension of five feet (5′) in any direction, and a minimum area of forty-eight (48) square feet; minus any parking facilities, driveways, utility or service areas, or any required front or side yards.

Opposite: Walls, windows, signs, districts, or property lines shall be deemed opposite if a line perpendicular to a vertical plane through one element and having its widest horizontal dimension would intersect a similar vertical plane through another element.

Outdoor Living Area: (See Open Space, Usable).

Parking Structure: A non-enclosed or semi-enclosed area containing a ceiling or roof, used primarily for the temporary storage of motor vehicles, constructed either above or below grade, freestanding, or as part of a building.

Permeable Surface: An uncovered finish grade surface such as a driveway, walkway, or patio constructed with pervious materials allowing stormwater to directly infiltrate the underlying soils and contained so neither sediment nor the water discharges off the site.

Permitted: Permitted without a requirement for approval of a use permit or temporary use permit.

Porch: A covered or uncovered platform at an entrance to a dwelling unit.

Pre-existing: In existence prior to the effective date of this title.

Project: Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.

Proscenium, Garage: The structural frame of a garage door.

Roof or Deck, Green: A roof or deck/balcony surface that is partially or totally planted with vegetation that is over a waterproof membrane generally for the purpose of water or energy conservation.

Room (Space), Habitable: A space in a structure meeting the requirements of the Building Regulations (Title 9, Chapter 9.01 of the Municipal Code) for sleeping, living, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

Setback Line: A line within a lot parallel to, and the required setback distance from, a corresponding lot line, which is the boundary of any specified front, side or rear yard, or a line otherwise established to govern the location of buildings, structures or uses. Where the corner of a lot has been rounded off for purposes of public right-of-way dedication, the setback line shall be parallel to the original unaltered lot line. Where no minimum front, side or rear setbacks or yards are specified, the setback line shall be coterminous with the corresponding lot line.

Sexual Activities, Specified: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts.

"Single Housekeeping Unit: A traditional family or the functional equivalent of a traditional family, whose members are a non-transient interactive group of one (1) or more persons, where if consisting of more than one (1) person, such persons jointly occupy a single dwelling unit, jointly use common areas, share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented, leased, or subleased all adult members living on the premises jointly agree to occupy and be responsible for the entire premises of the dwelling unit under a single written rental agreement or lease and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Single Ownership: Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner where the property is or will be under unitary or unified control.

Single-Family Transient Use: Rental or lease of a single-family dwelling unit for a period of less than thirty (30) days.

Site: A lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this title, and is in a single ownership or has multiple owners, all of whom join in an application for development.

Solar Energy System: A combination of solar collector(s) and ancillary solar equipment used to generate electricity or heat water primarily for consumption on the property where the system is located.

Specific Plan: A plan for a defined geographic area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans).

Stormwater Retention/Detention Feature: A device or system of improvements that captures, retains and subsequently releases stormwater runoff from a site at a lesser volume and/or slower rate than it is collected, while holding the runoff in temporary storage for the purposes of infiltration, bioretention, and/or storage with beneficial use such as landscape irrigation.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the portion of a building included between the finished floor level directly above a basement or a usable or unused under-floor space is more than four feet (4′) above local grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than six feet (6′) above local grade, as defined herein, at any point, such basement or usable or unused under-floor space shall be considered a story. A floor level may be divided between portions qualifying as a story and portions qualifying as a basement. Any portion of a floor level qualifying as a story shall be considered to have a minimum dimension of twenty feet (20′) measured perpendicular from the outside face(s) of the exterior building wall(s) which defines that area as a story (see graphic illustration under "Basement" definition).

Story, First: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4′) below local grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or not more than six feet (6′) below local grade, as defined herein, at any point.

Street: A recorded public way, other than an alley, which provides access to abutting property.

Structure: Anything constructed or erected that requires a location on the ground, including a building or a swimming pool, but not including a driveway, walk, fence or wall (used as a fence or boundary grade retaining wall). A wall forming a below-grade well (e.g., egress, light, ventilation) shall be considered to be a structure.

Swimming Pools and Hot Tubs: Water-filled enclosures having a depth of eighteen inches (18″) or more used for swimming or recreation.

Tattoo: An art form in which pigments are inserted under the surface of the skin of a human being by pricking with a needle or otherwise to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other retail or service establishment.

Transmission Line: An electric power line bringing power to a receiving or distribution substation.

Use, Accessory: A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

Used: This term includes the following meanings: arranged, designed, constructed, altered, rented, leased, sold, occupied, and intended to be occupied.

Visible: Likely to be noticed by a person of average height walking on a public street or sidewalk.

Walk Street: A street in the beach area for pedestrians where vehicular access is not permitted. The location of walk streets is shown in the Infrastructure Element of the General Plan.

Weighted Average: An average calculated from pro-rated or proportionately distributed data.

Wind Energy System, Small (SWES): Wind energy system, generally consisting of a wind turbine, tower and ancillary equipment, that is used primarily to generate electricity on the property where the system is located.

Window, Required: An exterior opening in a habitable room meeting the area requirements of the Building Regulations (Title 9, Chapter 19 of the Municipal Code).

Yard: An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this title, including a front yard, side yard, or rear yard.

Exception: Siding material extending not more than 0.1 feet beyond the frame and foundation of a structure may occupy a yard.

Yard, Front: A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a setback line parallel thereto on the site. The front yard of a through lot shall adjoin the street property line which adjoins the front yards of the neighboring lots adjoining said street property line, unless no pattern of front yards exists, in which case, the Community Development Director shall determine the location of the front yard. A through lot shall have two (2) front yards if both of its opposing street property lines adjoin blockfaces, or portions of blockfaces, which conform to existing front yard patterns as determined by the Director.

Yard, Rear: A yard, extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a setback line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting the street.

Yard, Side: A yard extending from the setback line of the front yard, or the front property line of the site where no front yard is required, to the setback line of the rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a setback line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.

==> picture [288 x 283] intentionally omitted <==

YARD TYPES

Zoning Ordinance: The Planning and Zoning Ordinance of the City of Manhattan Beach, as amended.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, 10-3.304; Ord. No. 1839, Amended, 07/05/91; Ord. No. 1889, Amended, 12/16/93; Ord. No. 1891, Amended, 01/06/94; Ord. No. 1903, Amended, 05/05/94; § 2, Ord. 2032, eff. May 16, 2002; § 2, Ord. 1049, eff. November 18, 2003; § 2, Ord. 1050, eff. January 1, 2004; § 2, Ord. 2111, eff. March 19, 2008; § 4, Ord. 2146, eff. August 4, 2011; § 2, Ord. 2155, eff. February 17, 2012, § 3, Ord. 15-0009, adopted June 16, 2015, and § 8, Ord. 18-0024, eff. Jan. 18, 2019)

Chapter 10.08 - USE CLASSIFICATIONS

Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Community Development Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Community Development Director may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. The Community Development Director's decision may be appealed to the Planning Commission.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a Zoning Ordinance text amendment, as provided in Chapter 10.96.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Day Care, Small Family Home. Non-medical care and supervision of six (6) or fewer persons, including those who reside at the home, on a less than twenty four (24) hour basis. This classification includes only those services and facilities licensed by the State of California.

B.

Day Care, Large Family Home. Non-medical care and supervision of seven (7) to twelve (12) children, including those who reside at the home, on a less than twenty four (24) hour basis. This classification includes only those services and facilities licensed by the State of California.

C.

Emergency Shelter. Housing with minimal supportive services for homeless persons that limits occupancy by homeless persons to six (6) months or less and that does not deny emergency shelter due to a person's inability to pay.

D.

Group Residential. Shared living quarters with not more than five (5) guest rooms and without separate kitchen or bathroom facilities for each guest room, and where either of the following apply:

Lodging and meals for compensation are provided by pre-arrangement for definite periods for not more than nine (9) persons, or

2.

Rooms, beds or spaces within the living quarters are rented to ten (10) or more individuals by prearrangement for definite periods.

Shared living quarters with six (6) or more guest rooms or where lodging and meals for compensation are provided for ten (10) or more persons shall be considered a Visitor Accommodation.

E.

Multi-family Residential. Two (2) or more dwelling units on a site. This classification includes manufactured homes.

F.

Multi-family Transient Use. Rental or lease of a multi-family dwelling unit for a period of less than thirty (30) days.

G.

Residential Care, Limited. Twenty-four (24) hour non-medical care for six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.

H.

Single-Family Residential. Buildings containing one (1) dwelling unit located on a single lot. This classification includes manufactured homes.

I.

Single-family Transient Use. Rental or lease of a single-family dwelling unit for a period of less than thirty (30) days.

J.

Supportive Housing. Housing occupied by a specified target population defined in Section 50675.14 of the California Health and Safety Code that has no limit on length of stay, and that is linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status, maximizing his or her ability to live, and - when possible - work in the community. Supportive housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

K.

Transitional Housing. Rental housing operated under program requirements that terminate assistance to residents and recirculate the assisted unit to another eligible program recipient at some predetermined

future point in time, which shall be no less than six (6) months from the initial occupancy date of the recipient. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 13-0006, eff. August 1, 2013 and §§ 4, 5, Ord. 15-0009, adopted June 16, 2015)

10.08.040 - Public and semipublic use classifications.

A.

Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.

B.

Convalescent Facilities. Establishments providing care on a twenty-four (24) hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

C.

Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one (1) or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

D.

Day Care, General. Provision of non-medical care for seven (7) or more persons on a less than twenty-four (24) hour basis. This classification includes nursery schools, pre-schools, and day-care centers for children or adults.

E.

Emergency Health Care Facility. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. Emergency health care facilities are part of the emergency medical services system as defined by California Health and Safety Code.

F.

Farmers' Market. A County certified farmers' market consisting of indoor or outdoor sales of produce and other agricultural products in a non-prepared condition, on a less-than-daily basis, as an accessory use to the primary use of a site.

G.

Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

H.

Heliports. Pads and facilities enabling takeoffs and landings by helicopter.

I.

Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis where patients may be admitted for a 24-hour stay or longer. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees.

J.

Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.

K.

Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces.

L.

Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection.

M.

Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section.

N.

Residential Care, General. Twenty-four (24) hour non-medical care for seven (7) or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.

O.

Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California.

P.

Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities (with the exception of telecommunications facilities regulated in Manhattan Beach Municipal Code Chapter 13.02), and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification.

Q.

Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling centers within convenience zones, as defined by the California Beverage Container Recycling and Litter Reduction Act.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1883, Amended, 07/15/93; § 3, Ord. 2075, eff. July 7, 2005; §§ 5, 6, Ord. 17-0028, eff. January 20, 2018)

A.

Adult Businesses. Establishments based primarily on materials or performances that depict, describe, or relate to "specified sexual activities," as defined in Chapter 10.04.

B.

Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

C.

Animal Sales and Services.

1.

Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, breeding, and incidental medical care.

2.

Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) hours.

3.

Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum thirty (30) days) boarding of animals is included, if incidental to the hospital use.

4.

Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight (48) hours.

D.

Artists' Studios. Work space for artists and artisans, including individuals practicing one (1) of the fine arts or performing arts, or skilled in an applied art or craft.

E.

Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities.

1.

With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles.

F.

Body Art Studios. Establishments providing body art services such as tattoos and/or body piercing. This use excludes "body piercing, incidental," as defined in Section 10.04.030.

G.

Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services, including vehicle towing services.

H.

Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also eating and drinking establishments.)

I.

Commercial Filming. Commercial motion picture or video photography at the same location more than six (6) days per quarter of a calendar year.

J.

Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, game centers which include any place open to the public in which there are more than three (3) games or amusements, including but not limited to, electronic video, pinball machines, whether coin operated or on free play and card rooms.

1.

Limited. Indoor movie theaters, game centers as defined herein, and performing arts theaters.

K.

Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding utilities (major). This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.

L.

Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises.

1.

With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption.

a.

Drive-through. Service from a building to persons in vehicles through an outdoor service window.

b.

Limited. Establishments that do not serve persons in vehicles.

M.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens.

Exceptions:

1.

Food and beverage sales establishments (with incidental seating area) may contain a maximum area for onsite preparation and consumption of three hundred (300) square feet or ten percent (10%) of the total store area (whichever is smaller). The on-site food preparation and consumption area includes: counter (order/pickup) area, food preparation area, and seating area (maximum capacity of four (4) persons). Onsite consumption of alcoholic beverages is prohibited.

2.

Food and beverage sales establishments (with no on-site consumption areas) may contain a maximum of two thousand (2,000) square feet in gross floor area and may sell prepared foods or beverages which are consumed off-site. Food and beverage sales may include, but are not limited to: breads, pastries, ice cream, frozen yogurt, candy, juices, and coffee. On-site consumption of alcoholic beverages is prohibited.

All other establishments which sell prepared food for on-site or take-out consumption shall be classified as catering services or eating and drinking establishments.

N.

Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.

O.

Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than two thousand (2,000) square feet providing photographic, analytical, or testing services. Other laboratories are classified as limited industry.

P.

Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (vehicle/equipment repair).

Q.

Mixed Use. A project which has commercial and residential uses on the same site.

R.

Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

S.

Offices, business and professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices, including, but not necessarily limited to: licensed or certified physicians, psychologists, psychiatrists, chiropractors, and massage, acupuncture, and acupressure therapists. Urgent care facilities that may be open beyond traditional office hours and that provide patients medical services for non-life threatening conditions usually without an appointment and without an overnight stay shall be considered a medical office. These classifications include medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.

T.

Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.

U.

Personal Improvement Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, and fitness studios, and massage.

V.

Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops (including incidental massage), seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self-service laundries.

W.

Psychic Advisor. Establishments providing counseling or interpretation service pertaining to supernatural forces and influences. This includes astrology, fortune telling, and numerology.

X.

Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.

Y.

Retail Sales. The retail sale and storage of merchandise not specifically listed under another use classification conducted wholly indoors unless otherwise specified by Section 10.60.080, Outdoor facilities. This classification includes department stores, drug stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, hand-crafted items, jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).

Z.

Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing, by secondhand dealers. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.

AA.

Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of forty-eight (48) hours, conducted by a sponsor on a more than twice yearly basis.

BB.

Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.

CC.

Vehicle/Equipment Sales and Services.

Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.

2.

Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

3.

Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. Provision of off-site parking for the purpose of fulfilling a parking requirement, in accordance with Section 10.64.020(F) (Basic requirements for off-street loading and parking: Location and ownership) shall not solely constitute a commercial parking facility use.

4.

Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles.

5.

Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.

6.

Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance.

7.

Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking towaways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.

DD.

Visitor Accommodations.

1.

Hotels, Motels, and Time-Share Facilities. Establishments offering lodging on a weekly or less than weekly basis, and having kitchens in no more than sixty percent (60%) of guest units. This classification includes eating, drinking, and banquet service associated with the facility.

a.

Limited. Facilities which offer lodging without other associated services on-site such as restaurant and banquet services, and which provide associated operational or maintenance services on-site.

2.

Residential Hotels. Buildings with six (6) or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis.

EE.

Warehousing and Storage, Limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes facilities with a maximum of five thousand (5,000) square feet of gross floor area, but excludes miniwarehouses or public storage classified under wholesale, distribution and storage, and vehicle storage and storage of hazardous materials (as defined by the City Fire Department).

This classification also includes outdoor neighborhood recycling collection points encompassing no more than five hundred (500) square feet in area. The purpose of the "neighborhood recycling collection point" is the receiving of solid waste only, for private delivery to distribution/ processing locations. Solid waste in this classification includes: metals, glass, plastic, and paper.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1891, Amended, 01/06/94; § 1, Ord. 1942, eff. February 22, 1996; § 2, Ord. 1951, eff. July 4, 1996; § 4, Ord. 1977, eff. March 5, 1998; § 2, Ord. 1999, eff. April 1, 1999 and § 3, Ord. 2155, eff. February 17, 2012; § 7, Ord. 17-0028, eff. January 20, 2018)

10.08.060 - Industrial use classifications.

A.

Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.

1.

Small-Scale. Includes mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those goods produced onsite. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture.

B.

Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, recycling storage and processing facilities, and power generation.

C.

Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption.

1.

Small-Scale. Limited to a maximum gross floor area of five thousand (5,000) square feet.

D.

Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Community Development Director, by reason of production of offensive odor, dust, noise, vibration, or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers.

This classification also includes assembly, testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment.

This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating, plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope.

This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research.

E.

Wholesaling, Distribution and Storage. Storage and distribution facilities without direct public access except for public storage in small individual space exclusively and directly accessible to a specific permit. This classification includes mini-warehouses.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92)

10.08.070 - Accessory use classifications.

A.

Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, Guest Houses and second units as provided in Section 10.52.050 of this title and home occupations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 2049, eff. November 18, 2003)

10.08.080 - Temporary use classifications.

A.

Animal Shows. Exhibitions of domestic or large animals for a maximum of 7 days.

B.

Christmas Tree/Pumpkin Sales. Outdoor retail sales of Christmas trees between Thanksgiving and December 26, and, pumpkins between September 30 and November 1.

C.

Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven (7) days. This classification excludes events conducted in a permanent entertainment facility.

D.

Commercial Filming, Limited. Commercial motion picture or video photography at the same location six (6) or fewer days per quarter of a calendar year.

E.

Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development.

F.

Retail Sales, Outdoor. Retail sales of new merchandise on the site of, and operated by, a legally established retail business for a period not to exceed forty-eighty (48) hours no more than once every three (3) months.

G.

Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

H.

Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five (5) days.

I.

New Year's Eve. Extension of hours of operation for all restaurants, bars, hotels, facilities within hotels, and similar commercial businesses to remain open until 1:00 a.m. on New Year's Day.

J.

Food Truck Sales. Sales of prepared food (including food that is displayed, offered for sale, bartered, exchanged or otherwise given) from vehicles in a non-residential parking area for no more than thirty (30) days per calendar year.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1891, Amended, 01/06/94; § 3, Ord. 2130, eff. December 31, 2009 and § 2, Ord. 2156, eff. March 9, 2012)

PART II - —BASE DISTRICT REGULATIONS Chapter 10.12 - RESIDENTIAL DISTRICTS

10.12.010 - Specific purposes.

In addition to the general purposes listed in Chapter 10.01, the specific purposes of residential districts are to:

A.

Provide appropriately located areas for residential development that are consistent with the General Plan and with standards of public health and safety established by the City Code.

B.

Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects.

C.

Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multifamily development.

D.

Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards.

E.

Achieve design compatibility with each district between new or enlarged dwellings and surrounding neighborhoods.

F.

Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment.

G.

Ensure the provision of public services and facilities needed to accommodate planned population densities.

H.

Encourage reduced visual building bulk with effective setback, height, open space, site area, and similar standards, and provide incentives for retention of existing smaller homes. Include provision for an administrative minor exception procedure to balance the retention of smaller older homes while still allowing flexibility for building upgrades below the maximum allowable square footage.

The additional purposes of each R Residential District are:

RS Single-Family Residential District. To provide opportunities for single-family residential land use in neighborhoods, subject to appropriate standards.

RM Medium-Density Residential District. To provide opportunities for multiple residential uses, including duplexes, town houses, apartments, multi-dwelling structures, or cluster housing with landscaped open space for residents' use.

RH High-Density Residential District. To provide opportunities for an intensive form of residential development, including apartments and town houses with relatively high land coverage, at appropriate locations.

RPD Residential Planned Development District. To encourage a diverse living environment and to facilitate adequate, economical and efficient provision of community facilities, streets, utilities, and parks in a landscaped setting.

RSC Residential Senior Citizen District. To facilitate the development of quality senior housing by providing a mechanism to review and approve housing specifically designed for senior-citizen households. Sound and sensitive site planning is promoted by special design standards that recognize the specific requirements of senior-citizen housing.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, 10-3.500; § 2, Ord. 2032, eff. May 16, 2002; amended § 3, Ord. 15-0026, eff. December 3, 2015)

In the following schedule, the letter "P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letter "U" designates use classifications permitted on approval of a use permit, as provided in Chapter 10.68. The letters "P/U" for accessory uses mean that the use is allowed on the site of a permitted use, but requires a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.

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RS, RM, RH, RPD, and RSC DISTRICTS LAND USE REGULATIONS

P — Permitted PDP — Precise Development Plan SDP — Site Development Permit U — Use Permit L — Limited, (See additional use regulations) - — Not Permitted

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RS, RM, RH, RPD, and RSC Districts: Additional Use Regulations

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L-1 Use permit required and only neighborhood-oriented uses occupying less than two thousand five hundred (2,500) square feet are permitted.

L-2 Public facilities permitted, but a use permit is required for private noncommercial facilities, including swim clubs and tennis clubs.

L-3 A use permit is required, except for legally existing church facilities, including private schools and daycare contained therein, which do not exceed an overall floor area factor greater than half of the maximum floor area factor permitted by the development standards of the base district.

L-22 Application for an administrative large family day care permit to the Director of Community Development is required and shall be made on forms provided by the City and shall include such information as may be reasonably required by the Director for a complete understanding of the request. The application shall be accompanied by a filing fee and a notification packet including all properties within a one hundred foot (100′) radius of the subject property. Said notification shall be completed not less than ten (10) days prior to the date on which the decision will be made on the application.

No hearing on the application for a permit shall be held before the decision is made by the Director unless a hearing is requested by the applicant or other affected person. The Director's decision shall be based on whether or not the proposed use would be compatible with the surrounding neighborhood. The applicant or other affected person may appeal the decision and the appellant shall pay the cost of the appeal. Said appeal shall be made to the Planning Commission by filing a written appeal, on forms provided by the Department of Community Development accompanied by the necessary notification packet (described above). Any such appeal shall suspend the permit until resolution of the appeal by the Planning

Commission. Use of a single family dwelling for these purposes shall not constitute a change of occupancy per the State Housing Law or local building ordinances.

Large family day care homes shall be considered as single family residences per State and local building and fire codes.

Each home used in this manner shall meet the fire and life safety standards adopted by the Community Development Department and Fire Department.

The property to be used in this manner shall conform to all applicable development standards as stated in the Manhattan Beach Municipal Code.

(A) See Section 10.52.020, Exterior materials in R districts.

(B) A use permit is required for condominium development or conversion of three (3) or more units; see Chapters 10.84 and 10.88. Condominium development, or conversion, of two (2) units are exempt from the use permit requirement. Any addition or modification to a condominium unit or development subsequent to the original construction of that unit or development that would result in an increase in the amount of liveable space, or a significant exterior structural or architectural alteration, shall require an amendment to the use permit previously obtained. In order for a residential apartment building to qualify for a condominium conversion, a certificate of occupancy must have been issued prior to January 1, 1982.

(C) See Section 10.52.100, Manufactured homes.

(D) Facilities on sites of two (2) acres or more are subject to the regulations of Chapter 10.28 (PS district) precluding those of this chapter. See Section 10.28.020, PS district applicability.

(E) See Section 10.52.070, Home occupation in R districts.

(F) See Section 10.52.050, Accessory structures, which permits Guest Houses or accessory living quarters as defined in Section 10.04.030.

(G) See Section 10.52.080, Swimming pools and hot tubs.

(H) See Section 10.84.110, Temporary use permits.

(I) See Chapter 10.68, Nonconforming uses and structures.

(J) See Chapter 10.72, Signs.

(K) An administrative permit issued by the Community Development Director is required.

(L) Alternative Parking Plan for Senior Citizen Housing. Applications for a use permit for a senior citizen housing project shall include a contingency plan, addressing what will be done to ensure compliance with parking requirements if occupancy can not be limited to senior citizens because of market conditions or other factors.

(M) The keeping of domestic animals is permitted including: dogs and cats not to exceed five (5) for each residential living unit in any combination thereof and the young thereof not exceeding four (4) months in age, and other small domestic household pets such as rabbits, hamsters, guinea pigs, etc. not to exceed five (5) in any combination thereof. Common varieties of farm animals, livestock, exotic animals or wild animals (as defined in Section 10.04.030) are prohibited, except for Vietnamese pot-bellied pigs, also known as pygmy pigs or mini-pigs, as permitted by the Animal Control Department.

(N) A maximum of three (3) garage or lawn sale permits per calendar year, of miscellaneous household items of personal property accumulated by the occupant of the residence as a normal matter of course

may be held on any building site occupied by residents, provided a permit has been acquired from the City's Licensing Authority. Each permit shall be valid for a maximum of three (3) consecutive days and may include standard regulations on the garage sale permit (in accordance with provisions of Section 6.08.020 of this Code).

(O) Residential developments that qualify for a density bonus pursuant to Chapter 10.94 of this Code shall apply for a precise development plan. Residential developments of six (6) or more units that do not receive a density bonus shall apply for a site development permit.

(P) Each single-family residential and multi-family residential dwelling unit may only be occupied by a single housekeeping unit as defined in Section 10.04.030, except as provided in Section 10.08.030.

(Q) Only for SB9 unit development projects pursuant to Government Code section 65852.21, as may be amended from time to time, and in accordance with Chapter 10.78.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, 10-3.502; Ord. No. 1864, Amended, 02/18/93; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996; § 2, Ord. 2049, eff. November 18, 2003; § 3, Ord. 13-0006, eff. August 1, 2013 and §§ 6, 7, Ord. 15-0009, adopted June 16, 2015, § 8, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018; § 2, Ord. No. 230014, eff. December 19, 2023)

10.12.030 - Property development regulations: RS, RM, and RH districts.

The following schedule prescribes development regulations for residential zoning districts in each area district, as defined in Section 10.01.060(A)(2) and designated on the zoning map. The columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Regulations" column refer to "Additional Development Regulations" following the schedule. This section shall not be amended to increase the standards for maximum height of structures or maximum buildable floor area, or to reduce the standards for minimum setbacks, minimum lot dimensions or minimum lot area per dwelling unit, unless the amendment is first submitted to a city-wide election and approved by a majority of the voters.

PROPERTY DEVELOPMENT STANDARDS FOR AREA DISTRICTS I AND II

Note: See Section 10.04.030 Definitions, Floor Area, Buildable for parking, loading and basement areas excluded from buildable floor area.

PROPERTY DEVELOPMENT STANDARDS FOR AREA DISTRICTS III AND IV

Note: See Section 10.04.030 Definitions, Floor Area, Buildable for parking, loading and basement areas excluded from buildable floor area.

PROPERTY DEVELOPMENT STANDARDS FOR ALL AREA DISTRICTS

A.

See Section 10.60.020, Development on substandard lots. The dedication, condemnation, or purchase of land for street or alley widening or opening shall not affect the number of dwelling units permitted in residential districts for the site prior to dedication, condemnation, or purchase if the remainder of the site has not less than seventy-five percent (75%) of the land area before dedication, condemnation, or purchase.

B.

See Section 10.60.030, Development on lots divided by district boundaries.

C.

The minimum site area shall be twelve thousand (12,000) square feet for general day care, general residential care, and public or private schools.

D.

Permitted Projections into Required Yards. See Section 10.60.040, Building projections into yards.

E.

Setbacks.

1.

Side Setbacks. Ten percent (10%) of lot width but not less than three feet (3′). In the RM and RH Zones side setbacks need not exceed ten feet (10′), and on corner sides setbacks need not exceed five feet (5′).

Exceptions—Side Setbacks. Existing lots in the RM and RH Zones currently developed as multifamily and greater than fifty feet (50′) in width need not provide side setbacks greater than five feet (5′) when developed with three (3) or more dwelling units.

2.

Reverse Corner Side Setback. Reverse corner lots in Area Districts I and II shall have the following side yards:

a.

On the lot side line which adjoins another lot the side yard shall be determined in the same manner as for an interior lot.

b.

On the street side line, the width of the required side setback shall be the same as for the interior side setback on the lot except that the size and shape of such required side setback nearest the lot rear line shall be increased to include all of that portion, if any, of a triangle formed in the following manner:

i.

On the common lot line of the reverse corner lot and the key lot, a point shall be established where the rear line of the required front yard on the key lot intersects such common lot line;

ii.

On the street side line of the reverse corner lot, a point shall be established distant from the common street corner of the key lot and the reverse corner lot equal to the depth of the required front yard on the key lot;

iii.

The third side of the triangle shall be a straight line connecting points (i) and (ii) of this section. If an alley intervenes between the key lot and the reverse corner lot, the width of the alley shall be included in determining the length of the line on the street side line of the reverse corner lot.

3.

Rear Setback:

a.

In Area Districts I and II, the rear setback (RS) shall be determined as follows: RS = 0.3 × (lot depth in feet)-20; provided that the minimum setback is twelve feet (12′).

b.

In Area District III, RS District, non-alley lots abutting residential at the rear with two thousand seven hundred (2,700) square feet or more in lot area, the rear setback shall be ten feet (10′).

F.

Building Height and Required Yards. Except as provided below, the width of a required interior side, corner side or rear yard adjoining a building wall exceeding twenty-four feet (24′) in height, excluding any portion of a roof, shall be increased three feet (3′) over the basic requirement.

1.

Exceptions. If the lot width is less than thirty-five feet (35′), no increase in the side yard is required.

G.

Alley Setback Exceptions. Area Districts I and II: The width of a required rear yard adjoining an alley shall be measured from the alley centerline, provided the rear yard width is not less than five feet (5′) as measured from the rear property line. See Section 10.64.110; Aisle Dimensions.

Area Districts III and IV: The width of a required rear yard adjoining an alley, or a required front yard where the front yard adjoins an alley, may be reduced to two feet (2′) at height elevations not less than eight feet (8′) above the street grade at the rear, or front, property line. See Section 10.64.110; Aisle Dimensions.

H.

Maximum Height of Structures. See Section 10.60.050, Measurement of height, and Section 10.60.060, Exceptions to height limits. The maximum number of stories permitted shall be three (3) where the height limit is thirty feet (30′) and two (2) where the height limit is twenty-six feet (26′). A floor level may be divided between portions qualifying as a story and portions qualifying as a basement. Any portion of a floor level qualifying as a story shall be considered to have a minimum dimension of twenty feet (20′) measured perpendicular from the outside face(s) of the exterior building wall(s) which defines that area as a story (See Graphic Illustration under "Basement" definition—Section 10.04.030).

A deck or balcony may be located directly above a second story where the height limit is twenty-six feet (26′) or the third story where the height limit is thirty feet (30′), if the following criteria are met. Such decks shall be located adjacent to an interior living space and shall provide additional setbacks as follows; in all Area Districts the interior side setback shall be three (3) times the minimum side setback; in Area Districts I and II the rear setback shall be two (2) times the minimum rear yard setback and in Area Districts III and IV the rear setback shall be fifteen feet (15′). The surface elevation of any deck or balcony shall be no higher than nine feet (9′) below the height limit.

A green roof or deck may be located only where decks and balconies are allowed. Green roofs that are designed in a manner that prohibits usability may be approved administratively by the Director of Community Development if safety, maintenance, slope, and access issues are mitigated [See "Roof, Green or Deck" Sections 10.04.030 and 10.60.140(C)].

Whenever new construction or alterations and additions to existing structures involves grading or scraping, a survey acceptable to the Director of Community Development is required as a condition of issuance of a demolition or building permit (see Section 10.80.010). The Director shall require that survey markers be set.

The Community Development Director shall determine compliance with this subsection by reviewing two (2) vertical cross-sections through the property (front-to back and side-to-side) that show the relationship of

each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within five feet (5′) of the property line.

I.

Maximum Buildable Floor Area. The maximum buildable floor area on a lot shall be determined by multiplying the lot area times the Floor Area Factor (FAF) shown in the table. If the lot area is equal to, or greater than, a certain threshold in certain zoning districts (seven thousand five hundred (7,500) square feet in Area Districts I and II for RM and RH Districts, four thousand eight hundred (4,800) square feet for the RS District in Area Districts I and II), then a base floor area in square feet is noted in the table and the additional floor area is calculated by multiplying the appropriate FAF times the lot area. Certain space is not included in the definition of buildable floor area; see Chapter 10.04.

That area used for vehicle parking and loading, up to four hundred (400) square feet on lots where two (2) enclosed parking spaces are required and provided, and up to six hundred (600) square feet where three (3) enclosed parking spaces are required and provided.

In all residential districts, seventy percent (70%) of floor area in a basement that is not entirely below local grade, and up to two hundred (200) square feet of basement area used for storage and mechanical equipment purposes, is excluded from the determination of buildable floor area. Basement areas located entirely below local grade, and the related egress wells if they are the minimum size required by the UBC and located outside of the front yard setback, are excluded from the determination of buildable floor area.

J.

In Area District IV two (2) units are permitted on preexisting, legal half-lots with a minimum site area of one thousand three hundred fifty (1,350) square feet.

K.

Lot Dimensions—Area. Minimum and maximum lot area numbers represent a range of permitted lot areas applicable to new subdivisions and building sites created by merging, and/or the lot line adjustments for lots or portions of lots. When calculating maximum lot sizes, any lot dimensions with fractions shall be rounded down to the nearest whole number prior to calculating the lot size.

Preexisting unmerged developed lots which exceed the maximum lot area may continue to be used as one (1) lot until such time as new structures, enlargements or alterations are proposed, in accordance with the fifty percent (50%) building valuation criteria in Section 10.68.030(E), Alterations and enlargements of nonconforming uses and structures. At that time when the fifty percent (50%) building valuation criteria is exceeded then the new lot(s), and new development on those lots, shall comply with the current zoning code property development regulations, and any other applicable Manhattan Beach Municipal Code regulations.

Exceptions.

1.

Properties zoned RM, RH and CL in Area Districts I and II that are developed with three (3) or more dwelling units, in order to encourage development of multifamily housing in these areas.

2.

Properties zoned RM, RH and CL in Area Districts III and IV that are located within five hundred feet (500′) of the Local Commercial (CL) or Downtown Commercial (CD) Zones and developed with three (3) or more dwelling units, excluding those located on the Strand, subject to review and approval of a use permit in accordance with Chapter 10.84.

3.

Existing Legally Created Merged Lots. Any building site composed of merged lots in excess of the maximum lot area as prescribed in this section, which has been legally created or approved prior to February 19, 2008.

4.

Non-alley RH lots in Area District III on Manhattan Beach Boulevard east of Ardmore, since vehicles are not allowed to back out onto the street in this area and lots need to be merged in order to allow adequate onsite turning movements so vehicles can safely exit onto Manhattan Beach Boulevard traveling in a forward direction.

5.

Religious assembly and public or private schools uses, used as a single building site, subject to the Director of Community Developments approval of a certificate of compliance, and in accordance with Section 11.04.050, Certificate of compliance. These lots may continue to be used as one (1) building site without requiring a merger of parcels, and the expansion of existing religious assembly and public or private schools is permitted without the recordation of a merger of the parcels, in accordance with Chapter 11.32, Reversion to Acreage and Mergers.

6.

The RS-D7 Design Review Overlay-Longfellow Drive, which has larger lots that are established through a Precise Plan and are required by the Overlay district.

7.

The RSC—Residential Senior Citizen Zone, which has a minimum lot size of forty thousand (40,000) square feet per the zoning code requirements.

8.

The RPD—Residential Planned Development Zone which has a minimum lot size of forty thousand (40,000) square feet per the zoning code requirements.

L.

(Reserved)

M.

Open Space Requirement. The minimum usable open space (private and shared) in RS, RM and RH Districts shall be provided as follows:

1.

For single-family dwellings in Area District III and IV and multifamily dwelling units in all districts, the minimum requirement is fifteen percent (15%) of the buildable floor area per unit, but not less than two hundred twenty (220) square feet. For calculating required open space, basement areas shall be calculated as one hundred percent (100%) buildable floor area, and fifteen percent (15%) open space shall be required for the basement square footage.

2.

The amount of a dwelling unit's required open space located above the second story (where permitted by height regulations) shall not be more than one-half (½)of the total required open space.

3.

Where new buildable floor area is added to an existing dwelling unit located in Area District III or IV, or within an RM or RH zone in Area District I and II, additional usable open space shall be provided equal to fifteen percent (15%) of the added buildable floor area, until the total open space requirement provided in this section is attained.

N.

Semi-Circular Driveways. Semi-circular driveways are permitted within front yards on lots with widths of eighty feet (80′) or more, subject to the following standards:

a.

No more than fifty percent (50%) of the front setback area shall be paved, and visible landscaping equal to ten percent (10%) of the front setback (in addition to any other required landscaping) shall be installed between the driveway and the front property line.

b.

The semi-circular driveway does not have to provide access to the garage.

O.

Required Landscaping Adjoining Streets. At least twenty percent (20%) of all visible portions of a required front or corner side yard adjoining a street shall be a planting area. For additional site landscaping requirements, see Section 10.60.070, Landscaping, Irrigation and Hydroseeding. Conformance with standards specified in Section 10.60.070 may result in landscaping that exceeds the minimum requirements of this section.

a.

Exceptions for Area Districts III and IV. The Community Development Director may grant an exception for a portion of the amount of required landscaping, not to exceed seventy-five percent (75%) of the total, in order to accommodate driveways and walkways.

P.

Fences, Walls, and Hedges. The maximum height of a fence, wall, or hedge shall be six feet (6′) in required side or rear yards, and forty-two inches (42″) in required front yards. In addition, all fences, walls and hedges shall be subject to the driveway visibility requirements of Section 10.64.150, and the traffic vision clearance on corner lots of Section 10.60.150 (Chapter 3.40).

For the purposes of this section, fence/wall/hedge height shall be measured from the lower adjacent finished grade (which may include a neighboring private or public property's grade) to the top of the fence/wall/hedge, including any attachments. If more than one (1) fence/wall/hedge is located within a required yard, any portion of a fence/wall/hedge that projects above a forty-five degree (45°) daylight plane inclined inward from the top of the lowest adjacent fence/wall/hedge, shall be counted toward the height measurement of the lowest fence/wall/hedge.

Exceptions:

1.

A fence, wall or hedge having additional non-retaining height shall be permitted wherever a six foot (6′) fence is allowed, provided such additional height over six feet (6′) meets one (1) of the following criteria.

a.

The additional portion is required, for safety purposes, by the City's Building Official; is constructed of primarily vertical railing that is continuously at least seventy-five percent (75%) open; and, the total combined fence/wall height does not exceed eleven feet (11′).

b.

The additional portion is sloped inward (open or solid) at an angle of not less than thirty degrees (30°) and no more than forty-five degrees (45°) from vertical, and provided, further, that such additional portion shall not make the total height of the fence more than eight feet (8′) and shall not extend closer than three feet (3′) to any part of any building.

c.

The additional portion is approved in writing by each owner of property (the City in cases of public right-ofway) abutting the property line along which the fence is located, and provided, further, that such additional portion shall not make the total height of the fence more than eight feet (8′), or the combined height of adjacent neighboring retaining walls and fences more than twelve feet (12′). If a coastal development permit is required for a fence by Sections 10.96.040 and 10.96.050 of this title, the additional height of the fence may be approved only if the additional height does impede public views of the ocean, the beach, or to and along the shoreline.

Architectural screen walls not to exceed six feet (6′) six inches (6″) in height may be erected in the required front yard in Area Districts I and II provided that such walls are placed not less than fourteen feet (14′) back from the front lot line and not less than the required setback from the side property line, nor extend for more than one-half (½) the lot width.

==> picture [420 x 588] intentionally omitted <==

PERMITTED FENCE/WALL/HEDGE HEIGHTS

Q.

Parking/Garage Location, Street-Alley Lots. When a street-alley lot in Area Districts I and II adjoins an improved alley, all vehicle access to parking shall be provided from the alley.

Non-Alley Lots: In Area District I and II, the aggregate total of garage door width within the front half of a lot shall be limited to eighteen feet (18′) for lots fifty-five feet (55′) or less in width. Lots wider than fifty-five feet (55′) may have a maximum aggregate garage door width of twenty-seven feet (27′) within the front half of a lot if at least one (1) garage door is recessed a minimum of five feet (5′) beyond another garage door.

R.

Building Separation. The minimum distance between buildings (building separation yard) containing one (1) or more dwelling units on a site shall be ten feet (10′). For permitted projections within said building separation yards, see Section 10.60.040, Building projections into yards.

Exception: A detached accessory dwelling unit shall have a minimum separation from other buildings on the lot as specified by Section 10.74.040.B.

S.

House Moving. For the purpose of this chapter, permits required for moving buildings and structures within City limits must comply with Title 9, Chapter 9.08, Building Moving.

T.

Additional Front and Corner Side Setback Requirement—RS Properties, Area Districts I and II. In addition to the minimum front and corner side setback shown on the chart, an additional front and corner side setback area shall be provided as follows:

1.

On interior lots, the area shall directly abut the front yard setback, shall be equal to six percent (6%) of the lot area, and shall be located entirely within the front one-fifth (twenty percent (20%)) of the lot's buildable depth.

2.

On corner lots, the area shall be equal to eight percent (8%) of the lot area, and the area shall be divided between directly abutting the front and the streetside yard setbacks. A minimum of forty-five percent (45%) and a maximum of fifty-five percent (55%) of the total required area shall directly abut both the required front and streetside yard setbacks. Adjacent to the front yard, the portion of the area shall be located entirely within the front one-fifth [twenty percent (20%)] of the lot's buildable depth. Adjacent to the corner

streetside yard the portion of the area shall be located entirely within the front one-third [thirty-three percent (33%)] of the lot's buildable width, and not located within the rear yard setback. Adjacent to the corner streetside the area shall provide a minimum of three feet (3′) of depth or width and shall be distributed to provide building wall articulation.

The ground level construction in this area shall be limited to fourteen feet (14′) in height for areas with less than 3:12 roof pitch and seventeen feet (17′) in height for areas with 3:12 or more roof pitch, as measured from local grade. Areas not having a minimum 3:12 roof pitch located behind minimum 3:12 roof pitch areas shall be set back a minimum of three feet (3′) beyond the front building line of the pitched roof area (See Graphic Illustration).

4.

A maximum of one-half of said area shall be designed or useable as roof top deck surfaces.

5.

Building projections above said area shall be considered as projections within a front yard.

Exceptions:

1.

Interior non-alley lots fifty-five feet (55′) or less in width with all parking spaces located within the rear half of the lot shall not be required to provide the additional front setback area.

2.

This requirement may be reduced for a small, wide, shallow, multiple front yard and/or unusually shaped lots or other unique conditions subject to approval of a minor exception.

3.

Corner lots, which provide driveway access along the interior side property line from a front property line curb cut with all parking spaces located within the rear half of the lot, shall not be required to provide the additional front setback area.

4.

This requirement may be modified for the remodel/addition of existing homes if the additional setback area is provided elsewhere on the lot subject to approval of a minor exception.

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ADDITIONAL FRONT SETBACK REQUIREMENT MBMC 10.12.030T

U.

Multi-family residential developments meeting the minimum requirements for a density bonus pursuant to Chapter 10.94 shall be granted a lot consolidation bonus incentive when two (2) or more parcels are consolidated into a single building site according to the following formula:

This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Chapter 10.94.

V.

Multi-family residential developments meeting the minimum requirements for a density bonus pursuant to Chapter 10.94 shall be exempt from these maximum lot size limitations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1840, Amended, 07/05/91; Ord. No. 1842, Amended, 08/15/91; Ord. No. 1853, Amended, 05/21/92; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1861, Amended, 12/03/92; Ord. No. 1889, Amended, 12/16/93; Ord. No. 1891, Amended, 01/06/94; § 6, Ord. 1977, eff. March 5, 1998; § 2, Ord. 1992, eff. February 18, 1999; § 3, Ord. 1999, eff. April 1, 1999; § 2, Ord. 2032, eff. May 16, 2002; § 2, Ord. 2049, eff. November 18, 2003; § 2, Ord. 2050, eff. January 1, 2004; § 2, Ord. 2061, eff. October 7, 2004; § 5, Ord. 2075, eff. July 7, 2005; §§ 3 —11, Ord. 2111, eff. March 19, 2008; § 5, Ord. 2146, eff. August 4, 2011; §§ 4, 5, Ord. 13-0006, eff. August

1, 2013, § 4, Ord. 15-0026, eff. December 3, 2015, § 9, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 180022, eff. Dec. 6, 2018; Ord. No. 21-0001, §§ 6, 7, eff. Feb. 19, 2021)

A.

General Conditions and Limitations. Each comprehensive residential planned development (RPD) shall be subject to use permit approval, and the following conditions and limitations (see also Section 10.12.020 for additional land use regulations).

1.

The maximum permitted density shall be consistent with the General Plan.

2.

Greenbelts shall be provided offering easy access between dwelling units, parks, and commercial areas.

3.

Each building site shall abut and provide access to a public or private street or alley.

4.

The RPD shall be designed around an architectural theme or themes providing architectural variations and containing landscaped berms and/or decorative walls and fences. Homeowners associations, to be established at the time of initial development, shall have the authority to determine theme consistency for subsequent ministerial projects.

B.

Development Standards. This subsection establishes minimum development standards that are intended to apply to all physical improvements on the site and ensure construction of a high-quality residential environment in a RPD district. Minor modifications to these standards, with the exception of development density, may be approved by the Planning Commission as part of an RPD permit and shall be incorporated into the Planning Commission resolution approving the RPD permit. Minor modifications to standards may be approved by the Community Development Director for subsequent isolated projects (including reconstruction) that are compatible with the existing RPD development (existing prior to January 1995) if such modifications are requested in writing by the applicant and responsible homeowners' association.

1.

Minimum Building Site Area. Forty thousand (40,000) square feet.

2.

Minimum Lot Area.

a.

Detached Single-Family Dwellings. Five thousand (5,000) net square feet per unit, provided the average lot area shall not be less than five thousand five hundred (5,500) square feet for the total net site area.

b.

Attached or Cluster Multiple-Family Dwellings. A minimum lot area of two thousand (2,000) net square feet per unit shall be required, provided the average lot area per dwelling unit shall not be less than two thousand five hundred (2,500) square feet for the total net site area.

c.

Determining Net Site Area. Net site area excludes common areas that are required for parkland or right of way dedication requirements and areas that exceed a fifteen percent (15%) slope.

3.

Maximum Building Height. Twenty-six feet (26′). A height limitation of thirty feet (30′) for multifamily developments may be approved if the additional height is required to construct a tuck-under garage which provides direct access to a dwelling unit. Height shall be measured in accord with Section 10.60.050.

4.

Maximum Building Site (Lot) Coverage.

a.

Single-Family Dwellings. Fifty percent (50%), exclusive of roof overhangs, trellis areas, covered porches, and allowable structures in the side and rear yard setback areas.

b.

Multiple-Family Dwellings. Sixty percent (60%), excluding roof overhangs, trellis areas, and covered porches.

5.

Minimum Building Setbacks for Single-Family Dwellings and Accessory Structures.

a.

From Street Property Lines.

Private driveways or alleys 20

b.

From Interior Side-Lot Line. Five feet (5′).

1.

Exceptions for Zero-Side Yards. A zero (0) side-yard development may be approved if the opposite yard or the combined side-yard setbacks of the two (2) adjoining structures is a minimum of ten feet (10′).

c.

From Rear Lot Line: twenty feet (20′).

1.

Exception. If the area to be developed contains more than thirty (30) acres, a maximum of twenty-five percent (25%) of the total number of lots may have reduced rear-yard setbacks, provided that the average setback shall not be less than fifteen feet (15′) on any lot, but in no case shall the dimension between the closest point of the structure and the property line be less than ten feet (10′). In addition, up to three percent (3%) of the total number of lots can maintain a minimum eight-foot (8′) setback.

d.

Structures Allowed in the Setback Area. Limited structural improvements are permitted to be located in side- and rear-yard setback areas to provide the occupant with usable space for open space and recreational purposes. These uses may include pools and spas, pool and spa equipment, barbecues, garden potting benches and related storage, fountains, bird baths, patio covers, second-story open and unenclosed balconies, gazebos, greenhouses, planter beds, landscaping, irrigation systems, and other similar improvements which, in the determination of the Director of Community Development, meet the intent of this section. The installation of such improvements is subject to the following conditions.

1.

No improvement may be constructed in violation of the Uniform Building Codes or other applicable codes and ordinances.

2.

The rear-yard setback area must be provided with continuous access, defined as an area open and unobstructed from the ground to the sky, a minimum of three feet (3′) wide, from the front to the rear of the property.

3.

No improvement other than area-separation walls or fences which cannot exceed the height limits prescribed by this Code, may be constructed in excess of fifteen feet (15′) in height.

4.

Any improvement(s) that has a roof element shall not exceed a maximum lot coverage of 40 percent of the required rear-yard setback.

e.

Setbacks from Public Greenbelts, Lakes, or Parks. 20 feet plus 10 feet for two-level dwellings.

f.

Setbacks from District Boundaries. 50 feet. The Planning Commission may reduce this requirement upon finding that an adequate buffer is provided.

g.

Building Separation. The distance between primary buildings and accessory buildings on the same lot shall not be less than 10 feet.

6.

Minimum Building Setbacks for Attached or Cluster Multifamily Dwellings:

a.

From Street Property Lines:

b.

Setbacks between Structures on the Same Site:

1. Exception: Where the open space is more than 10 feet below the elevation of the residential structures, the first-story setback can be no less than 10 feet.

c.

Setbacks between Clusters and Public Greenbelts, Lakes, and Parks: 20 feet plus 5 feet for each story above one.

d.

Setbacks from District Boundaries: 50 feet. The Planning Commission may reduce this requirement upon finding that an adequate buffer is provided.

e.

If the area to be developed contains more than 40 acres, the setback requirements can be modified by an RPD Permit if the Planning Commission finds that the project is in substantial compliance with the intent and purpose of the RPD District.

7.

Private Open Space. The minimum usable open space shall be three hundred (300) square feet, shall be on the ground, and shall be intended to provide for private recreational outdoor use.

8.

Public Open Space.

a.

All public common areas, parks, recreation facilities and medians shall be fully developed and landscaped in accord with plans approved by the Public Works Department.

b.

The homeowners' association(s) shall be responsible for the maintenance of all private common areas including, but not limited to, parkways and trails, recreation facilities, and landscaped medians.

9.

Parking Requirements.

a.

Single-Family Dwellings. Two (2) enclosed off-street parking spaces directly serving each unit, plus two (2) additional off-street parking spaces, either enclosed or unenclosed.

b.

Multiple-Family Dwellings. Two (2) enclosed off-street parking spaces directly serving each unit, plus one (1) additional off-street parking space for use by guests. Guest parking may be located adjacent to the

dwelling unit served or may be clustered if the Planning Commission finds that such clusters will be located in convenient proximity to a number of dwelling units.

c.

Recreational Vehicles: A deed restriction shall be imposed on all residential properties prohibiting the parking of recreational vehicles, trailers, or boats on private driveways or streets within the development.

d.

Other Requirements. See Chapter 10.64.

10.

Underground Utilities. See Section 10.60.110.

11.

Swimming Pools and Hot Tubs. See Section 10.52.080.

12.

Landscaping. See Section 10.60.070.

13.

Screening of Mechanical Equipment. See Section 10.60.090.

14.

Refuse Storage Areas. See Section 10.60.100.

15.

Performance Standards. See Section 10.60.120.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, 10-3.506; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996)

10.12.050 - RSC district development regulations.

This section establishes minimum development standards that are intended to apply to all physical improvements on the site in order to ensure construction of a high-quality residential environment specifically designed for senior citizens in an RSC district. For the purposes of this section, a senior citizen household shall be defined as a household in which one member of the household, or dwelling unit, is sixty-two (62) years of age or older.

A.

Minimum Building Site Area. Forty thousand (40,000) square feet.

B.

Minimum Lot Area per Dwelling Unit. Nine hundred (900) square feet.

C.

Minimum Floor Area per Dwelling Unit. Five hundred twenty-five (525) square feet.

D.

Maximum Building Height. Thirty feet (30′). The Planning Commission shall review the compatibility of the height of the proposed development with the surrounding neighborhood in accord with the following criteria:

1.

Building height shall be compatible with existing adjacent structures. Tuck-under parking and/or a sloped roof design with a minimum ratio of 4:12 is suggested for structures exceeding twenty-six feet (26′) in height.

2.

All rooftop or elevated mechanical equipment or vents shall be screened from view.

E.

Maximum Floor Area Ratio. 1.5:1.

F.

Minimum Yards and Building Setbacks. Minimum yards and setbacks shall not be less than those required in the RH district for the area district in which the development is proposed.

G.

Minimum Distance between Buildings. Ten feet (10′).

H.

Building Design. To encourage greater architectural creativity in facade design, two (2) of the following architectural elements are required as part of each building facade: sloped roofs; bay windows; awnings; roof eaves; cornices; sills; buttresses; balconies; or patios.

I.

Open Space.

1.

Overall Requirement. Total three hundred fifty (350) square feet of usable open space shall be provided for each unit.

Private Open Space. A minimum of fifty (50) square feet with direct access from each unit shall be provided. The minimum horizontal dimension of balconies shall be five feet (5′).

3.

Common Open Space. The minimum horizontal dimension of patios, decks, courtyard areas, and other common space shall be ten feet (10′).

J.

Community Facilities. An amount equal to fifteen (15) square feet per unit shall be developed as community space providing handicapped bathrooms and kitchen facilities to be used by project residents and their guests only.

K.

Landscaping.

1.

All unpaved areas shall be planted with an effective combination of trees, ground cover, and shrubbery.

2.

Landscaping may be required in excess of the minimum standards specified for a proposed development, provided that the additional landscaping is necessary to accomplish the following:

a.

Screen adjacent uses from parking areas, storage, or structures that could cause a negative impact on adjacent uses based on aesthetics, noise, or odors; or

b.

Provide landscaping that is compatible with neighboring uses.

3.

The landscape plan shall be compatible with the shape and topography of the site and the architectural characteristics of the structures on the site.

4.

The plant materials selected shall be suitable for the given soil and climate conditions.

5.

Landscaping shall be used to relieve solid, unbroken elevations and to soften continuous wall expanses.

6.

Landscaping shall be maintained in an orderly and healthy condition. This maintenance shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering.

7.

Landscaping shall screen storage areas, trash enclosures, parking areas, public utilities, and other similar land uses or elements that do not contribute to the enhancement of the surrounding areas.

8.

All landscaping shall be separated from parking and vehicular circulation areas by a raised, continuous sixinch (6″) curb. Other materials that accomplish the same purpose may be approved by the Director of Community Development.

9.

For additional site landscaping requirements, see Section 10.60.070, Landscaping, Irrigation and Hydroseeding. Conformance with standards specified in Section 10.60.070 may result in landscaping that exceeds the minimum requirements of this section.

L.

Parking Requirements:

1.

Minimum Spaces:

a.

1.2 per unit, including one enclosed; and

b.

One (1) space for every nonresidential employee.

2.

Loading Area: A loading area shall be provided on site. The area may not at any time obstruct vehicular or pedestrian circulation, or block access to parking. The loading area shall be:

a.

An off-street loading space of not less than ten feet (10′) × twenty feet (20′); or

b.

A loading zone of not less than twenty-five (25) lineal feet.

Aesthetics:

a.

No more than forty percent (40%) of the street frontage shall be utilized for vehicular access.

b.

To avoid long, continuous blank walls at-grade, parking garages shall include openings such as windows and doors for fifty percent (50%) of the vertical surface.

c.

Exterior lighting shall be designed in such a manner as to avoid glare on adjacent properties.

4.

Parking Access and Driveways:

a.

In pedestrian-intensive areas, such as but not limited to the Downtown, the North End (El Porto), and the local-servicing commercial properties along Highland and Rosecrans avenues, driveway encroachments are discouraged along the primary commercial streets (Manhattan Avenue, Manhattan Beach Boulevard, Highland Avenue, Morningside Drive, and Rosecrans Avenue). Driveways shall be limited, where feasible, to side streets and/or alleys.

b.

Each driveway serving the garages or parking spaces shall be at least ten feet (10′) wide for one (1) way or twenty-five feet (25′) for two (2) way.

M.

Unit Design Standards.

1.

To assist in reaching, drawers and shelves shall be on gliders or rotating.

2.

For easy grip, lever handles shall be used instead of knobs.

3.

Tub/showers shall have non-slip surfaces with grab bars.

For security/convenience:

a.

A peep-hole shall be included in the front door;

b.

Dead-bolt exterior doors shall be installed;

c.

Whenever possible, unit entrances shall have direct access to parking facilities; and

d.

Long interior halls shall be avoided.

5.

A minimum of two hundred (200) cubic feet of storage space per unit shall be provided.

6.

All projects two (2) stories in height or greater shall have elevators.

7.

Unit orientation and window location:

a.

The living room or living space with the greatest square footage, other than a bedroom, shall have an operable window facing the front or rear yard.

b.

For easy visibility from a sitting position within the unit, at least one (1) window in the living room shall have a sill no greater than thirty inches (30″) from the floor.

8.

Trash-Storage Areas. See Section 10.60.100.

9.

Utilities.

a.

All utilities such as gas meters, electrical meters, telephone-, pedestal-mounted terminal boxes, surfacemounted electrical transformers, fire hydrants or any other potential obstructions shall not be located within

the required parking or turning area or driveway.

b.

All utility meters shall be screened from view from public streets.

c.

The utilities undergrounding requirements of Section 10.60.110 shall apply.

N.

Telecommunications Facilities. See Chapter 13.02 of Manhattan Beach Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; § 6, Ord. 2075, eff. July 7, 2005; § 5, Ord. 2146, eff. August 4, 2011 and § 8, Ord. 13-0006, eff. August 1, 2013)

Chapter 10.16 - C COMMERCIAL DISTRICTS

10.16.010 - Specific purposes.

In addition to the general purposes listed in Chapter 10.01, the specific purposes of commercial district regulations are to:

A.

Provide appropriately located areas consistent with the General Plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region.

B.

Strengthen the City's economic base, but also protect small businesses that serve City residents.

C.

Create suitable environments for various types of commercial and compatible residential uses, and protect them from the adverse effects of inharmonious uses.

D.

Minimize the impact of commercial development on adjacent residential districts.

E.

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located.

F.

Ensure the provision of adequate off-street parking and loading facilities.

G.

Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment.

The additional purposes of each district are as follows:

CL Local Commercial District. To provide sites for businesses serving the daily needs of nearby residential areas while establishing development standards that prevent significant adverse effects on residential uses adjoining a CL district.

CC Community Commercial District. To provide sites for planned commercial centers, such as Manhattan Village, which contain a wide variety of commercial establishments, including businesses selling home furnishings, apparel, durable goods, and specialty items and generally having a City-wide market area. Support facilities such as entertainment and eating-and-drinking establishments are permitted, subject to certain limitations to avoid adverse effects on adjacent uses.

CG General Commercial District. To provide opportunities for the full range of retail and service businesses deemed suitable for location in Manhattan Beach, including businesses not permitted in other commercial districts because they attract heavy vehicular traffic or have certain adverse impacts; and to provide opportunities for offices and certain limited industrial uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services.

CD Downtown Commercial District. To provide opportunities for residential, commercial, public and semipublic uses that are appropriate for the downtown area. This district is intended to accommodate a broad range of community businesses and to serve beach visitors.

CNE North End Commercial District. To provide for a mix of small, local and visitor-serving commercial, public and semipublic uses appropriate for the El Porto area and the business district along Highland Avenue and Rosecrans Avenue at the northern end of the City. Residential uses that are consistent with the standards of the RH Residential High-Density District are also permitted, consistent with the General Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, § 10, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018)

10.16.020 - CL, CC, CG, CD, CNE districts: land use regulations.

In the following schedules, the letter "P" designates use classifications permitted in commercial districts. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" that follow. The letter "U" designates use classifications permitted on approval of a use permit. The letters "P/U" for an accessory use mean that the use is permitted on the site of a permitted use, but requires a use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Regulations" column refer to regulations following the schedule or located elsewhere in this title. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.

---

CL, CC, CG, CD, and CNE DISTRICTS: LAND USE P — Permitted REGULATIONS U — Use Permit L — Limited, (See Additional Use Regulations) - — Not Permitted

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C Districts: Additional Land Use Regulations

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L-4 Only allowed above ground level with a use permit.

L-5 Only mortuaries are allowed, subject to a use permit.

L-6 A use permit is required, and body and fender shops are permitted only as part of a comprehensive automobile-service complex.

L-7 Only "limited" or "small-scale" facilities, as described in use classifications, are allowed with a use permit.

L-8 Attended facilities permitted; unattended facilities allowed with a use permit.

L-9 A use permit is required for Food and Beverage establishments operating between 10:30 p.m. and 6 a.m.

L-10 Only post offices and other offices occupying less than two thousand five hundred (2,500) square feet are permitted.

L-11 Single-family residential permitted if located (1) on a site which fronts on Crest Drive; or (2) on the rear half of a site which fronts on Highland Avenue; or (3) on a site which fronts on the east side of Highland Avenue between 38th Place to the south and Moonstone Street to the north; or (4) on a site which does not abut Rosecrans Avenue or Highland Avenue; otherwise a use permit is required.

L-21 A use permit is required, except for legally existing church facilities, including private schools and daycare contained therein, which do not exceed an overall floor area factor greater than half of the maximum floor area factor permitted by the development standards of the base district.

L-23 See Section 10.12.020 (L-22): regulations for "Day Care, Large Family Home".

L-24 A use permit is required for a project with more than two thousand five hundred (2,500) square feet of buildable floor area.

L-25 Animal Hospitals as defined in MBMC 10.08.050 require a Use Permit. Veterinary services, as defined as medical treatment for small animals, is a permitted use on the ground floor provided the proposed

facilities are entirely enclosed, soundproofed, and air-conditioned. Overnight boarding is allowed only if associated with the on-site Veterinary services.

L-26 Permitted above ground floor. Use is also permitted if the use exclusively fronts an alley subject to Community Development Director's approval. Other locations require a Use Permit such as ground floor space adjacent to pedestrian areas.

L-27 Permitted above ground floor.

L-28 Optometrist office is permitted in ground floor spaces adjacent to sidewalks and other pedestrian areas provided the Community Development Director finds the optometrist has a substantial retail component. Optometrist office is also permitted above the ground floor.

L-29 In addition to any other applicable regulations regulating square footage or retail floor space, a Use Permit is required for the establishment of any retail use proposed to contain more than one thousand six hundred (1,600) square feet of sales floor area. For the purposes of this section, "sales floor area" is defined as the total area of a tenant space, measured from the inside walls, excluding rooms or areas that are permanently inaccessible to the public, including, but not limited to, storage rooms, offices associated with the retail tenant, mechanical rooms, bathrooms, and common areas shared with other tenants in the building.

(A) Facilities on sites of two (2) acres or more are subject to the regulations of Chapter 10.28 (PS District) precluding those of this chapter. See Section 10.28.020: PS District Applicability.

(B) A use permit is required for a single use or tenant project with more than five thousand (5,000) square feet of buildable floor area or more than ten thousand (10,000) square feet of land area. A master use permit is required for a multiple use or tenant project with more than five thousand (5,000) square feet of buildable floor area or more than ten thousand (10,000) square feet of land area. See Section 10.84 for use permit provisions.

(C) The exterior walls of an adult business shall be at least two hundred feet (200′) from an R district and a school, and at least one thousand feet (1,000′) from the exterior walls of another adult business.

(D) See Section 10.56.050: Game centers.

(E) See Section 10.56.020: Eating and drinking establishments with take-out service. An establishment providing group entertainment is subject to Title 4, Article 4, Dances and Cafe Entertainment and must obtain a permit from the City Manager.

(F) See Section 10.56.030, Service stations, vehicle/equipment repair, and automobile washing.

(G) See Section 10.84.110, Temporary use permits.

(H) See Chapter 10.68, Nonconforming uses and structures.

(I) The keeping of domestic animals is permitted including: dogs and cats not to exceed five (5) for each residential living unit in any combination thereof and the young thereof not exceeding four (4) months in age, and other small domestic household pets such as rabbits, hamsters, guinea pigs, etc., not to exceed five (5) in any combination thereof. Common varieties of farm animals, livestock, exotic animals or wild

animals (as defined in Section 10.04.020) are prohibited except for Vietnamese pot-bellied pigs, also known as pygmy pigs or mini-pigs, as permitted by the Animal Control Department.

(J) A maximum of three (3) garage or lawn sale permits per calendar year, of miscellaneous household items of personal property accumulated by the occupant of the residence as a normal matter of course may be held on any building site occupied by residents, provided a permit has been acquired from the City's Licensing Authority. Each permit shall be valid for a maximum of three (3) consecutive days and may include standard regulations on the garage sale permit (in accordance with provisions of Section 6.08.020 MBMC).

erty accumulated by the occupant of the residence as a normal matter of course may be held on any building site occupied by residents, provided a permit has been acquired from the City's Licensing Authority. Each permit shall be valid for a maximum of three (3) consecutive days and may include standard regulations on the garage sale permit (in accordance with provisions of Section 6.08.020 MBMC).

(K) Valid discretionary permits approved prior to January 17, 1991 may satisfy the requirement for an individual use permit or master use permit, provided the scope of the project, including use(s) approved and intensity (buildable floor area) of development, remain in substantial conformance with the approved project, and the project complies with all conditions of approval. The Community Development Director shall approve the conversion of such permits in conformance with this section.

(L) A use permit, or use permit amendment, shall be required for any new alcohol license or modification to an existing alcohol license.

(M) Certain commercial businesses, such as eating and drinking establishments and visitor accommodations, with use permits and other discretionary zoning approvals that limit the hours of operation may operate for extended hours for New Year's Eve as designated in Section 6.01.330 of the Businesses, Professions and Trades Code.

(N) A use permit shall be required for any new body art studio use as set forth in Section 10.56.070: Body Art Studios. In addition, body art studios shall comply with the regulations set forth therein. Body art studios are not permitted in CG zoned parcels that are adjacent to RS-D6 (Oak Avenue Overlay District) zoned parcels.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1864, Amended, 02/18/93; Ord. No. 1891, Amended, 01/06/94; Ord. No. 1902, Amended, 05/05/94; § 2, Ord. 1942, eff. February 22, 1996; § 2, Ord. 2000, eff. May 20, 1999; § 4, Ord. 2126, eff. September 3, 2009; § 4, Ord. 2130, eff. December 31, 2009; § 2, Ord. 2155, eff. February 17, 2012, § 3, Ord. 2156, eff. March 9, 2012, § 11, Ord. 16-0029, eff. Dec. 20, 2016, and §§ 3—5, Ord. 180022, eff. Dec. 6, 2018)

10.16.030 - CL, CC, CG, CD, and CNE districts: development regulations.

The following schedule prescribes development regulations for the CL, CC, CG, CD, and CNE districts. The first five (5) columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in the planning and zoning ordinance.

(A) Dwelling units as the sole use on a site shall be subject to the standards for residential development in the RH district and the area district in which the site is located, except as follows:

(1) CD district: the commercial standard for building height shall apply when dwelling units replace commercial use.

(2) CNE district, D-5 overlay: if an RH district standard conflicts with an overlay standard (Section 10.44.040), the overlay standard shall apply.

(B) See Section 10.60.020, Development of substandard lots.

(C) See Section 10.60.040, Building projections into yards and required open space. Double-frontage lots shall provide front yards on each frontage.

(D) A minimum ten-foot (10′) building setback shall be provided along the west side of Sepulveda Boulevard as measured from the Sepulveda street property line prior to any required dedications.

(E) Along a rear property line abutting an R district, structures shall not intercept a 1:1 or forty-five-degree (45°) daylight plane inclined inward from a height of fifteen feet (15′) above existing grade at the property line. Along a side property line abutting an R district, structures shall not intercept a sixty-degree (60°) daylight plane inclined inward from a height twenty feet (20′) above existing grade at the property line.

(F) A roof pitch of at least four (4) vertical feet for each twelve (12) lineal feet of roof area is required. If the roof pitch is less, the maximum building height is twenty-two feet (22′) unless structure parking is provided at or below the ground level.

(G) Within the CD district, the height limits shown on the accompanying diagram entitled "Section 10.16.030 (G), CD Downtown Commercial District Height Limits" shall apply.

(H) See Section 10.60.050, Measurement of height, and Section 10.60.060, Exceptions to height limits.

(I) Planting Areas.

(1) Required yards shall be enclosed by a solid concrete or masonry wall at least six feet (6′) in height or shall be planting areas, provided that a wall within fifteen feet (15′) of a street property line shall not exceed three feet (3′) in height.

(2) In the CG and CC districts, the minimum percentage of the site to be landscaped may be reduced one percent (1%) for each section of street frontage improved with an adjoining landscaped strip, the dimensions of which are minimally: twenty-five feet (25′) in width and, in length, a dimension equivalent to twenty percent (20%) of the street frontage, where width is measured perpendicular to the street and length is measured parallel to the street. For purposes of calculation, the frontage allocated to driveways and walks shall not be counted.

(3) For additional site landscaping requirements, see Section 10.60.070, Landscaping, irrigation and hydroseeding. Conformance with the design standards specified in Section 10.60.070 may result in a total site landscaping requirement that exceeds the minimum site requirements of this section.

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SIDE PROPERTY LINE

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REAR PROPERTY LINE

(E) REQUIRED DAYLIGHT PLANE AT ADJOINING DISTRICTS

(The diagram is illustrative)

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(J) (Reserved)

(K) Fences and Walls. A solid masonry or concrete wall is required for all commercial properties where they abut or adjoin a ground-floor residential use or residentially zoned property. The minimum height of a fence or wall is six feet (6′) as measured from the finished grade of the commercial property. However, a wall within five feet (5′) of a street property line shall be a minimum of three feet (3′) in height as measured from the residential property.

The maximum height of a fence or wall shall be eight feet (8′) as measured from the finished grade of the commercial property unless a greater height is mutually agreed upon for a common property line by the abutting property owners and approved by the Community Development Department.

(L) (Reserved)

(M) (Reserved)

(N) See Chapter 10.64, Off-Street parking and loading regulations.

(O) See Section 10.60.130, Antennas and microwave equipment; and Section 10.60.140, Solar-assisted water heating.

(P) In a mixed use development, the residential standards for the RH district and area district in which the site is located shall apply to a building or portion of a building intended for residential use, and commercial standards shall apply to a building or portion of building intended for commercial use, except as follows:

(1) CD district:

(a) FAR: the commercial standard for maximum FAR shall apply to the entire project.

(b) Building height: the commercial standard shall apply to all portion(s) of the project except when an existing residential use that is legally established as of February 22, 1996 and occupies a solely residential building, is altered or replaced with a solely residential building, in which case the RH district standard shall apply.

(2) CL and CNE districts:

(a) FAR: the commercial standard for maximum FAR shall apply to the entire project.

(b) CNE district D-5 overlay: if an RH district or commercial standard conflicts with an overlay standard (Section 10.44.040), the overlay standard shall apply.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/92; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1891, Amended, 01/06/94; § 3, Ord. 1942, eff. February 22, 1996; § 2, Ord. 1951, eff. July 14, 1996; §§ 1, 2, Ord. 1972, eff. November 20, 1997; § 4, Ord. 2075, eff. July 7, 2005, § 12, Ord. 160029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018)

Chapter 10.20 - I INDUSTRIAL DISTRICTS

10.20.010 - Specific purposes.

In addition to the general purposes listed in Chapter 10.01, the specific purposes of the IP Industrial Park District are to:

A.

Provide appropriately located areas consistent with the General Plan for specialized industrial and related uses, and protect them from the adverse impacts of inharmonious uses.

B.

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities.

C.

Ensure that the appearance and effects of industrial uses are compatible with the character of the area in which they are located.

D.

Minimize the impact of industrial uses on adjacent residential districts.

E.

Ensure the provision of adequate off-street parking and loading facilities.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

In the following schedule, the letter "P" designates use classifications permitted in the IP district. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of use

permit. The letters "P/U" for an accessory use mean that the use is permitted on the site of a permitted use, but requires a use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Regulations" column refer to regulations following the schedule, or located elsewhere in this title. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.

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IP Districts: Additional Land Use Regulations

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L-12 A use permit and heliport permit from California Department of Transportation, Division of Aeronautics are required. Applicants shall submit a noise analysis based on likely approach-departure routes, including a map showing existing day/night average noise levels in decibels and future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum noise levels associated with the types of helicopters expected to use the facility. Conditions may be imposed to limit the maximum number of flights per day or week and the hours of operation.

L-13 Permitted as a secondary use in a building, or in a free-standing structure, provided that no more than twenty percent (20%) of buildable floor area is occupied by such uses.

(A) Facilities on sites of two (2) acres or more are subject to the regulations of Chapter 10.28 (PS District) precluding those of this chapter. See Section 10.28.020: PS District Applicability.

(B) See Section 10.52.050: Accessory structures.

(C) See Chapter 10.68: Nonconforming uses and structures.

(D) See Section 10.56.040: Hazardous materials storage.

(E) See Section 10.84.110: Temporary use permits.

(F) A use permit shall be required for any new body art studio use as set forth in Section 10.56.070: Body Art Studios. In addition, body art studios shall comply with the regulations set forth therein.

(G) Emergency shelters shall be permitted subject to the provisions of Section 10.56.080.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1864, Amended, 02/18/93; § 5, Ord. 2155, eff. February 17, 2012; § 4, Ord. 2156, eff. March 9, 2012 and § 6, Ord. 13-0006, eff. August 1, 2013)

10.20.030 - IP district: development regulations.

The following schedule prescribes development regulations for the IP District. The first column prescribes basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this title.

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IP DISTRICT: DEVELOPMENT REGULATIONS

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IP District: Additional Development Regulations

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A.

See Section 10.60.020: Development on substandard lots.

B.

Smaller lot dimensions may be permitted by the Planning Commission with an approved development plan and tentative subdivision map.

C.

See Section 10.60.040: Building projections into yards and required open space. Double-frontage lots shall provide front yards on each frontage.

D.

A forty-foot (40′) interior side or rear building setbacks shall be required adjoining an R district on Marine Avenue.

E.

See Section 10.60.050: Measurement of height.

F.

The average height of all buildings on a lot shall not exceed eighty-five feet (85′).

G.

Planting Areas. In required front and corner-side yards, twelve feet (12′) adjacent to a public right-of-way shall be planting areas except for necessary drives and walks. For site landscaping requirements, see Section 10.60.070, Landscaping, irrigation and hydroseeding. Conformance with standards specified in Section 10.60.070 may result in landscaping that exceeds the minimum requirements of this section.

H.

See Section 10.60.070: Landscaping, irrigation and hydroseeding.

I.

The maximum height of a fence or wall shall be eight feet (8′) adjacent to an R or C district.

J.

See Section 10.60.130: Antennas and microwave equipment.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91 Amended § 6, Ord. 2146, eff. August 4, 2011)

Chapter 10.24 - OS OPEN SPACE DISTRICT

In addition to the general purposes listed in Chapter 10.01, the specific purposes of the OS Open Space District are to:

A.

Provide a suitable classification for large public or private sites permanently designated for park or open space use.

B.

Allow the Planning Commission and City Council to consider the most appropriate use of a site following discontinuance of a large public or private open space use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for development of the site.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The OS district shall be the base district for the use classifications listed in Section 10.24.030 where these classifications have a minimum contiguous site area of 2 acres, including alleys, streets or other rights-ofway. Open-space use classifications on sites of less than 2 acres shall be subject to the regulations of the base and overlay districts in which they are located.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, § 13, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018)

In the following schedule, the letter "P" designates use classifications permitted in the OS district. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of a use permit, as provided in Chapter 10.84. The letters "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule.

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OS DISTRICT: P — Permitted LAND USE REGULATIONS; U — Use Permit L — Limited (See Additional Use Regulations)

_____ Public and Semipublic

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OS District: Additional Development Regulations

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L-14 Allowed with a use permit only as an ancillary use operated by a non-profit organization approved by the City Council that is compatible with and part of a park or recreational facility, except on the Strand, where no such use is permitted.

L-15 Public parking permitted, but commercial parking facilities on City-owned land require a use permit.

(A) Limited to facilities incidental to an open space use.

(B) See Section 10.84.110: Temporary use permits.

(C) See Chapter 10.68: Nonconforming uses and structures.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, § 13, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018)

Development regulations shall be as specified by the use permit, provided that, if the use permit fails to regulate an element regulated by an abutting base district or a use permit is not required, the regulations of the nearest base district shall apply to each portion of an OS district.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.28 - PS PUBLIC AND SEMIPUBLIC DISTRICT

In addition to the general purposes listed in Chapter 10.01, the specific purposes of the PS Public and Semipublic District are to:

A.

Allow consideration of a large public or semipublic use separately from regulations for an underlying base zoning that may or may not be appropriate in combination with the public or semipublic use.

B.

Allow consideration of establishment or expansion of a large public or semipublic use at rezoning hearings rather than at use permit hearings only, and give notice to all of the extent of a site approved for a large public or semipublic use by delineating it on the zoning map.

C.

Allow the Planning Commission and City Council to consider the most appropriate use of a site following discontinuance of a large public or semipublic use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for reuse of the site.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The regulations of the PS District shall preclude the regulations of any base district for the use classifications listed in Section 10.28.030, where these uses are permitted in the base district, and have a contiguous site area of 2 acres or more, including alleys, streets, or other rights-of-way. Public and semipublic use classifications on sites of less than 2 acres shall be subject to the regulations of the base and overlay districts in which they are located.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1864, Amended, 02/18/93, § 14, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018)

In the following schedule, the letter "P" designates use classifications permitted in PS districts. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of a use

permit, as provided in Chapter 10.84. The letters "P/U" for an accessory use mean that the use is permitted on the site of a permitted use but requires a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule.

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PS District: Additional Use Regulations

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L-16

City-owned facilities are permitted; all other facilities require a use permit.

L-17

Permitted as an accessory use in a cultural, educational, hospital, or medical institution occupying no more than five thousand (5,000) square feet, only if there is no separate entrance or sign.

L-18

Allowed on surplus school sites with a use permit subject to the following limitations:

1.

No new structure, including temporary or mobile, shall be built or moved to the site for office purposes.

2.

Adequate parking, or required by Chapter 10.64, shall be provided.

3.

No clients or customers shall be permitted on the site except on an occasional basis.

4.

Hours of business operation shall not exceed 7:00 a.m. to 7:00 p.m. and weekend and holiday use of the office facilities shall not be permitted except under specific time limitations established as a condition of

approval of the use permit.

5.

The Community Development Director shall review compliance with conditions of approval annually.

6.

The permit may be revoked upon application of the property owner with six (6) months notice to the office tenant.

L-19

Public parking permitted, but commercial parking facilities on City-owned land require a use permit.

L-20

A use permit is required, except for existing church facilities, including private schools contained therein, which do not exceed an overall floor area factor greater than half of the maximum floor area factor permitted by the development standards of the base district. Such excepted facilities shall be subject to the following standards:

1.

The depth of the required front yard shall be the same as that required in the zone and area district in which it is located.

2.

Buildings and structures on the site shall not be closer than twenty-five feet (25′) to any residential boundary property line, except that a detached single-family dwelling on such site shall conform to the yard requirements, height, and required distance between buildings as prescribed in the zone and area district in which the site is located.

3.

No portion of any building or structure shall exceed a height of thirty feet (30′) as measured from the average of the finished ground level at the center of all walls, except that steeples or other architectural features containing no floor space may exceed such height limit.

4.

All off-street parking requirements shall be conformed to, except that on interior lots the required side yards may be used to provide off-street parking areas and, on corner lots, the interior side yard may be similarly used. Under no circumstances may the required front yard or side yard on the side street side be used for off-street parking.

5.

All lights provided to illuminate any parking area or building on such site shall be arranged so as to direct the light away from any premises upon which a dwelling unit is located.

6.

All bounding streets and/or alleys shall be improved to the dimensions indicated on any formally-adopted plans therefor, and to the City's specifications pertaining to materials, design and construction. Where no official plan for street alignment or widths has been adopted, the plan shall be submitted to the Planning Commission for report and recommendation.

7.

The following signs only are permitted:

(i)

One sign area on the outside wall of the main building and parallel thereto, having an area not greater than twenty (20) square feet; and

(ii)

A detached sign having dimensions totaling not more than twenty (20) square feet and on which both faces may be utilized, such sign being securely mounted on the ground on supports and the top of which sign shall not be more than six feet (6′) above the natural level of the ground upon which it rests.

8.

Loading and unloading of school buses shall be on the school site and no storage or servicing of school buses or automotive equipment shall be permitted on the site.

(A) See Section 10.84.110: Temporary use permits.

(B) See Chapter 10.68: Nonconforming uses and structures.

(C) Emergency shelters shall be permitted subject to the provisions of Section 10.56.080.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1864, Amended, 02/18/93; Ord. No. 1883, Amended, 07/15/93; § 5, Ord. 2156, eff. March 9, 2012 and § 7, Ord. 13-0006, eff. August 1, 2013)

10.28.040 - Development regulations.

Development regulations shall be as specified by the use permit, provided that if the use permit fails to regulate an element regulated by an abutting base district, or a use permit is not required, the regulations of the nearest base district shall apply to each portion of a PS district.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.32 - PD PLANNED DEVELOPMENT DISTRICT

The specific purposes of the PD Planned Development District are to:

A.

Establish a procedure for the development of parcels of land in order to reduce or eliminate the rigidity, delays, and inequities that otherwise would result from application of zoning standards and procedures designed primarily for small parcels.

B.

Ensure orderly and thorough planning and review procedures that will result in quality urban design.

C.

Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity.

D.

Provide a mechanism whereby the City may authorize desirable developments consistent with the General Plan without inviting speculative rezoning applications, which, if granted, often could deprive other owners of development opportunities without resulting in construction of the proposed facilities.

E.

Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it.

F.

Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended.

G.

Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.32.020 - Land use regulations.

A.

Uses. No use other than an existing use shall be permitted in a PD district except in accord with a valid PD Plan or Specific Plan. Any permitted or conditional use authorized by this title may be included in an approved PD Plan or an adopted Specific Plan, consistent with the General Plan land-use designation(s) for land within the PD district.

B.

Valid PD Plan. A valid discretionary permit approved prior to January 17, 1991, for a commercial development project may satisfy the requirement for a PD Plan, provided the scope of the project, including use(s) approved and intensity (buildable floor area) remain in substantial conformance with the approved project and the project complies with all conditions of approval. The Community Development Director shall approve the conversion of such permits in conformance with this section.

C.

Temporary Uses. Businesses may apply for a temporary use permit to request approval for temporary uses as defined in Section 10.08.080, in accordance with the provisions in Section 10.84.110.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1902, Amended, 05/05/94; § 5, Ord. 2130, eff. December 31, 2009)

10.32.030 - Development regulations.

A.

Minimum Area. The minimum net area of a PD district shall be twenty-two thousand five hundred (22,500) square feet, provided that a PD district may be subdivided in accord with a valid PD Plan or Specific Plan.

B.

Residential Unit Density. The total number of dwelling units in a PD Plan shall not exceed the maximum number permitted by the General Plan density for the total area of parcels designated for residential use.

C.

Performance Standards. The performance standards prescribed by Section 10.60.120 shall apply.

D.

Other Development Regulations. Other development regulations shall be as prescribed by the PD Plan or Specific Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

An amendment to reclassify property to a PD District may be initiated by a property owner or authorized agent, the Planning Commission, or the City Council. If the property is not under a single ownership, all owners shall join in the application, and a map showing the extent of ownerships shall be submitted with concept plans and materials.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

In addition to the plans and materials required to accompany an application for a zoning map amendment by Chapter 10.96, an application for rezoning to a PD district shall include a PD Plan or Specific Plan incorporating the following information:

A.

A map showing proposed district boundaries and the relationship of the district to uses and structures within a three hundred-foot (300′)radius of the district boundaries.

B.

A map or aerial photo of the proposed district and one hundred feet (100′) beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; the type, location, and condition of trees and other natural vegetation; and the location of existing development.

C.

The proposed pattern of land use, with acreage and residential density computations.

D.

The proposed street and lot pattern.

E.

Typical building elevations and sections.

F.

A statement explaining the reasons that justify use of a PD District for the project in relation to the findings required by Section 10.32.060(A).

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The Planning Commission shall consider an application for reclassification to a PD district as prescribed in Chapter 10.96 and shall at the same time consider the proposed PD Plan or Specific Plan accompanying the application. A recommendation of the Commission to reclassify to a PD district shall be accompanied by a resolution approving a PD Plan or recommending a Specific Plan. The Commission may require either a PD Plan or a Specific Plan.

A.

Required Findings. The Planning Commission shall approve or conditionally approve a PD Plan or recommend approval or conditional approval of a Specific Plan upon finding that:

1.

The PD Plan or Specific Plan is consistent with the adopted Land Use Element of the General Plan and other applicable policies and is compatible with surrounding development;

2.

The PD Plan or Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district regulations that would apply if the Plan were not approved;

3.

Deviations from the base district regulations that otherwise would apply are justified by compensating benefits of the PD Plan or Specific Plan; and

4.

The PD Plan or Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.32.070 - Lapse of approval; renewal; revision.

A.

Lapse of Approval. A PD Plan shall be effective on the same date as the ordinance creating the PD district for which it was approved and shall expire 2 years after the effective date unless a building permit has been issued and a vested right established. An approved PD Plan may specify a development staging program exceeding 2 years.

B.

Renewal; Revision. The Commission may recommend and the City Council may renew a PD Plan for 1 or 2 years as specified in the decision of renewal, if it finds the renewal consistent with the purposes of this chapter. Application for renewal shall be made in writing to the Community Development Director not less than 30 days or more than 120 days prior to expiration. An application for approval of a new PD Plan or for a revision of a PD Plan shall be considered by the Planning Commission at a public hearing with notice given as prescribed for a use permit in Chapter 10.84.

C.

Appeal. Decisions of the Planning Commission shall be subject to appeal, as prescribed in Chapter 10.100.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1902, Amended, 05/05/94)

10.32.080 - Status of specific plan.

A Specific Plan adopted by resolution of the City Council shall be administered as prescribed by the Council, consistent with the Government Code, Section 65450 et seq.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.32.090 - Zoning map designation.

A PD district shall be noted by the designation "PD," followed by the number of the PD district based on order of adoption.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Application for building permits for projects in a PD District shall be accepted only if projected plans are consistent with a valid PD Plan or Specific Plan and with all other applicable requirements of the Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

PART III - —OVERLAY DISTRICT REGULATIONS

Chapter 10.36 - IS INTERIM STUDY OVERLAY DISTRICT

In addition to the general purposes listed in Chapter 10.01, the specific purpose of the IS Interim Study Overlay District is to allow discretionary review of development proposals in areas where changes in zoning regulations are contemplated or under study.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The IS District may be initiated as prescribed by Chapter 10.96. Prior to approving an amendment reclassifying land to an IS district, the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land-use and development issues to be resolved for the area proposed for reclassification. The IS district may be combined with any base district. Each IS district shall be shown on the zoning map with an "-IS" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.36.030 - Land use regulations.

A.

Use Permit Required. Approval of a use permit shall be required for establishment of a new or expanded use in an IS district, and may be approved for any use classification permitted or conditionally allowed with a use permit in the base district with which the IS district is combined.

B.

Required Findings. In addition to the findings required for use permits by Chapter 10.84, and additional findings that may be required for specific use classifications, approval of a use permit in the IS district shall require a finding that the proposed use will not conflict with the land-use and development policies established for the area at the time the IS district was adopted.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Development regulations for the IS district shall be specified by a use permit or shall be those of the base district with which the IS district is combined.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

An ordinance establishing an IS district shall contain a provision terminating the IS designation up to two years from its effective date. An ordinance establishing an IS district may be amended, reenacted, or superseded by a zoning map amendment adopted as prescribed by Chapter 10.96.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Notwithstanding the provisions of Chapter 10.84, a use permit application that has been denied, or approved subject to conditions unacceptable to the applicant, may be resubmitted on or after the effective date of a zoning map and/or text amendment superseding an IS district designation.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.40 - NC NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT

The NC Neighborhood Conservation Overlay District is intended for property owners to initiate and implement programs for the revitalization or conservation of older areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The NC district takes effect through adoption of a plan and a set of regulations that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots while reducing or eliminating incompatible mixes of uses.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Each NC Overlay District shall include a minimum contiguous area of 2 acres, including intervening streets and alleys, and shall contain at least 3 separate parcels.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Adoption of an NC Overlay District proposal shall be by amendment to the zoning map, in accord with the provisions of Chapter 10.96, but the map amendment shall not alter the use regulations or development standards of the underlying district. A conditional use permit approving a Neighborhood Conservation Plan

shall be approved by the City Council at the same time as the map amendment is adopted and shall establish standards and conditions for development consistent with the purposes of the plan.

All development shall be in accordance with the Conservation Plan and the use permit, which may be amended as provided in the conditions of approval. The Planning Commission may recommend and the City Council may approve amendments to the Conservation Plan to allow development in accordance with the underlying zoning regulations rather than as specified by the Conservation Plan if the Commission and Council find that the Conservation Plan, as approved, is unlikely to be implemented for the site in question and if limitations on development of the site have not been recorded as a condition of approval of development elsewhere within the Conservation Plan area.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.040 - Allowable modifications to use regulations and property development standards.

After a duly noticed public hearing, the following changes in use regulations and development standards may be approved as part of a Neighborhood Conservation Plan:

A.

Regulations for specific use classifications may be modified by the Neighborhood Conservation an to accommodate unique or mixed uses serving the neighborhood, consistent with the General Plan.

B.

Site development standards may be modified by the Neighborhood Conservation Plan, consistent with the General Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.050 - Application for designation.

A.

Owners of 51 percent or more of the land in an area meeting the area requirements of Section 10.40.020 and one or more of the criteria of Section 10.40.060(C) may file an application with the City for the designation of the area as an NC Neighborhood Conservation Overlay District. The application may include lots within one or more base zoning districts. The City Council or Planning Commission may initiate a Neighborhood Conservation Overlay District as prescribed in Chapter 10.96.

B.

The application shall include the following:

1.

A statement of purpose and explanation of how the criteria of Section 10.40.060(C) are met.

A map indicating the boundaries of all lots in the proposed NC Neighborhood Conservation Overlay District and the base district(s) contained within the proposed NC district.

3.

A Neighborhood Conservation Plan consisting of a map and such other textual and graphic material as may be necessary, indicating land uses, building types and designs, site development requirements, signing, circulation, off-street parking, and modifications in base district regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

The Planning Commission shall hold a duly noticed public hearing on the application in accord with the provisions of Chapter 10.96. Following the hearing, the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the NC District is proposed and is consistent with the General Plan, and shall transmit the application and the plan with its recommendation to the Council.

B.

The City Council shall hold a hearing as provided by Section 10.96.070 on any application and plan transmitted to it by the Planning Commission.

C.

Following the hearing, the City Council may approve or conditionally approve a Neighborhood Conservation Plan and adopt an NC Neighborhood Conservation Overlay District for the area described in the application if the area meets one or more of the following criteria:

1.

Distinctive building features, such as period of construction, style, size, scale, rhythm, mass, color, and material;

2.

Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks, and bollards;

3.

Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creekbeds, parks, and gardens;

4.

Distinctive land uses or land-use patterns, such as mixed or unique uses or activities, not permitted by base district regulations without modification.

D.

The City Council shall adopt each Neighborhood Conservation Overlay District by ordinance pursuant to Chapter 10.96. The adopting ordinance shall include a reference to the approved Neighborhood Conservation Plan for the district, a statement of purposes, and a list of the modifications to the base district regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Each NC Neighborhood Conservation Overlay District shall be shown on the zoning map by a "-NC" designator applied to the base district designations, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Applications for building permits for projects located in an NC Neighborhood Conservation Overlay District shall be accepted only if project plans are consistent with the adopted NC district ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of the Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.44 - D DESIGN OVERLAY DISTRICT

The specific purpose of the D design overlay district is to provide a mechanism to establish specific development standards and review procedures for certain areas of the City with unique needs, consistent with General Plan policies. This will ensure that the low-profile image of the community is preserved and neighborhoods protected from adverse effects of noise and traffic. It also will prevent development that may be detrimental to these areas, such as buildings that affect the privacy of adjoining properties or increases shadows.

Eight subdistricts are established:

D1—Rosecrans Avenue, where higher fences in the front-yard setback area are needed to reduce traffic noise;

D2—11th Street, where limitations on building height and density are needed to minimize building bulk and buffer adjoining residences;

D3—Gaslamp neighborhood, where special design standards and review procedures are needed to preserve existing neighborhood character;

D4—Traffic noise impact areas, where higher fences are needed to reduce traffic noise;

D5—North end commercial, where special design standards are needed for the north end commercial area to accommodate additional residential development;

D6—Oak Avenue, where special design standards, landscaping and buffering requirements are needed to allow commercial use of property in a residential area adjacent to Sepulveda Boulevard;

D7—Longfellow Drive area, including residential lots in Tract 14274 located on Longfellow Drive, Ronda Drive, Terraza Place, Duncan Drive and Kuhn Drive, where a special minimum lot area requirement and restriction on subdivision is needed to preserve the character of the neighborhood, including views and privacy, and prevent unwanted impacts from increased traffic, bulk and crowding that would result from increased density.

D8—Sepulveda Boulevard Corridor Overlay, where more flexible development standards are needed in order to continue to promote desirable development, uses and economic vitality within the General Commercial (CG) zone. Only land uses listed in note s of Section 10.44.040 are eligible for flexible development standards. All land uses not listed in note s of Section 10.44.040 shall comply with all requirements contained within Chapter 10.16 of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2 (part), Ord. 2062, eff. October 7, 2004, § 15, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018; Ord. 190004, § 4, eff. April 5, 2019)

10.44.020 - Zoning map designator and overlay initiation.

A.

The D design overlay district may be combined with any zoning district. Each D overlay district shall be shown on the zoning map by adding a "-D" to the base district designator followed by the appropriate subdistrict number.

B.

A design overlay district may be initiated by the Planning Commission or City Council, or fifty-one percent (51%) of the property owners in the proposed overlay area and otherwise in accordance with applicable materials within Chapter 10.96, Amendments.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

10.44.030 - Land use and development regulations.

The land-use and development regulations applicable in a D district shall be as prescribed for the base zoning district with which it is combined unless modified by another overlay district, provided that the requirements of the schedule on the following page shall be in addition and shall govern where conflicts arise. The individual columns of the schedule prescribe basic requirements for each subdistrict; letters in parentheses or superscript refer to additional regulations following the schedule with cross-references as appropriate to other sections of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.44.040 - Building permits to conform to overlay district regulations.

Applications for building permits for projects within a D overlay district shall be accepted only if project plans are consistent with the development regulations of this chapter and with all other applicable requirements of this Code. The regulations imposed by this section shall apply to any new structures or improvements, intensification of use, or enlargement of an existing structure.

_____

D DESIGN OVERLAY DISTRICT: DEVELOPMENT REGULATIONS

---

D DESIGN OVERLAY DISTRICT: DEVELOPMENT REGULATIONS ADDITIONAL REQUIREMENTS

---

a.

A six-foot (6′) fence shall be set back three feet (3′) from a front or street side property line and twenty feet (20′) from a driveway crossing a public sidewalk.

b.

Increased fence height is permitted for the following areas: (1) Wendy Way between Marine Avenue and

12th Street: Eight feet (8′) in rear yard; (2) Marine Avenue between Meadows and Cedar Avenue: Eight feet (8′) in rear yard; (3) Marine Avenue between Pacific Avenue and Sepulveda Boulevard: Eight feet (8′) in rear or side yards fronting Marine Avenue.

c.

No building shall exceed two (2) stories.

d.

Required for demolition of dwellings or accessory buildings located on a site with two (2) or more lots. No demolition permit may be issued until an environmental assessment is complete and the Planning Commission or Board of Zoning Adjustment has held a public hearing. Notice shall be sent ten (10) days prior to the hearing to all property owners within five hundred feet (500′) of the project site.

e.

Minimum depth: Ten percent (10%) of the buildable depth of the lot; Minimum area: Ten (10) times the lot width in square feet;

Exceptions: One (1) architectural projection no more than eight feet (8′) wide may extend four feet (4′) into the setback area, and eaves may project four feet (4′) into the setback area.

f.

A minimum roof pitch of a three-foot (3′) rise in twelve feet (12′) of run is required unless the building does not exceed twenty-two feet (22′) in height.

g.

No increase over the maximum building height measured from the street property line is permitted for buildings fronting on Highland Avenue, and the twenty percent (20%) allowance of Section 10.60.050(B) does not apply in this subdistrict.

h.

The third story shall be set back ten feet (10′) from the front setback line.

i.

Residential projects on the west side of Highland Avenue are not permitted to have vehicular access from Highland Avenue; commercial projects on the east side of Highland Avenue are not permitted to have vehicular access from Crest Drive.

j.

The Planning Commission may allow reduced parking with a use permit for neighborhood-oriented uses such as small retail stores, personal services, and eating and drinking establishments open for breakfast and lunch, subject to the requirements of Section 10.64.050(B).

k.

Residential projects shall include planter boxes at the pedestrian level involving lots of two thousand five hundred (2,500) square feet (or more) along Highland Avenue. For additional site landscaping requirements, see Section 10.60.070, Landscaping, irrigation and hydroseeding. Conformance with standards specified in Section 10.60.070 may result in landscaping that exceeds the minimum requirements of this section.

l.

A use permit is required for all new construction and major alterations and additions of two thousand five hundred (2,500) square feet or more except construction of or alterations or additions to single-family dwellings fronting on Crest Drive.

m.

A twenty-foot (20′) landscaped setback is required along Oak Avenue for any commercial structures, and no vehicular ingress or egress to Oak Avenue is allowed. Until such time that a new project is initiated, existing development with nonconforming access on Oak Avenue, when developed for commercial parking purposes used in conjunction with business fronting upon and having vehicular access to Sepulveda Boulevard shall not utilize vehicular access to Oak Avenue between the hours of 10:00 p.m. to 6:00 a.m. daily.

n.

All commercial structures shall incorporate bay windows, decks, large roof overhangs, and breaks in building facia, as may be needed to reflect a design of residential character.

o.

Sites which utilize RS zoned Oak Avenue properties exclusively for commercial purposes shall be a minimum of twenty-five thousand (25,000) square feet in area. Where the site has multiple owners, the City may permit development on sites containing less than twenty-five thousand (25,000) square feet provided there is a conceptual plan for the whole site showing the relationships between existing and future buildings, landscaping, and the location of parking and tentative phasing of development. All owners must join in application for a D-6 zoning designation and indicate support of the conceptual plan for development of the site.

p.

The uses and related facilities permitted within the CG district may be permitted on RS-D6 zoned Oak Avenue properties, if fronting upon Sepulveda Boulevard, subject to the requirements of this chapter and Chapter 10.16, upon approval of a use permit.

q.

A minimum lot area of seventeen thousand (17,000) square feet (with the exception of 1190 Duncan Drive 1127 Ronda Drive and 1131 Ronda Drive) is required, and further subdivision of any lot within the district is prohibited. The foregoing restrictions shall not prohibit a lot-line adjustment between contiguous parcels pursuant to Section 11.08.010, provided that such lot-line adjustment (1) complies with all of the requirements in Section 11.08.010 and is otherwise exempt from the requirements of the Subdivision Map Act and (2) would not result in any parcel having a lot area of less than seventeen thousand (17,000) square feet.

This overlay applies to properties described as Lots 23 through 30, inclusive, and 32 through 39, inclusive, in Tract 14274 and located on Longfellow Drive, Ronda Drive, Terraza Place, Duncan Drive and Kuhn Drive.

r.

Body art studios are not permitted in the D6 Oak Avenue Overlay District or on CG zoned parcels adjacent to D6 Oak Avenue Overlay parcels.

s.

The maximum building height for a building with a hotel use located on the properties designated as D-8 shall be forty feet (40'). No minimum roof pitch or structure parking at or below the ground level is required. Roof mounted mechanical equipment and elevator shafts are allowed to exceed the maximum allowed height limit by up to five feet (5'), so long as they are properly screened and located in an area that would not be visible from or adversely impact the surrounding properties. A study may be required by the Community Development Director showing that adjacent properties will not be negatively impacted. Any amendment to the map shall only include properties with at least one hundred thirty five feet (135) in depth and twenty thousand (20,000) square feet of lot area.

t.

Projects involving a change of use (single use or multi-tenant project) shall not be required to obtain a use permit as long as the proposed use(s) is permitted by right as prescribed in Section 10.16.020 and the change of use(s) does not constitute an intensification of the use or parking requirement, regardless of the

buildable floor area. No net addition of buildable floor area shall be allowed in conjunction with this provision.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; §§ 3, 4, 5, Ord. 1972, eff. November 20, 1997; § 2 (part), Ord. 2062, eff. October 7, 2004; § 7, Ord. 2146, eff. August 4, 2011 and § 2, Ord. 2155, eff. February 17, 2012, § 16, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018; Ord. 19-0004, § 5, eff. April 5, 2019)

Chapter 10.48 - CZ COASTAL ZONE OVERLAY DISTRICT

10.48.010 - Applicability.

All development as defined in section 30106 of the Public Resources Code located in the Coastal Zone of the City is subject to Chapter 2 of the Local Implementation Plan of the certified Local Coastal Program and the policies of the certified Local Coastal Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, ; Ord. No. 1899, Rep&ReEn, 04/14/94)

10.48.020 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.030 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.040 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.050 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.060 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.070 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.080 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.090 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.100 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.110 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.120 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.130 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.140 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.150 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.160 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.170 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.180 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

Chapter 10.50 - RESIDENTIAL OVERLAY DISTRICTS

The purpose of this Chapter is to implement the requirements of Government Code Sections 65583.2(h) and (i), by establishing an overlay zoning district, designated as "Residential Overlay District" or "ROD" on the zoning map, inclusive of objective development standards that allow by-right multifamily residential development for qualifying projects, consistent with State law.

(§ 1, Ord. 23-0006, eff. March 21, 2023)

Projects on designated lots shall comply with the following development standards:

A.

Density: The density shall range between a minimum of twenty (20) DU/AC and a maximum of sixty (60) DU/AC.

1.

Mixed-use Projects: Maximum Floor Area Factor of 2.0, applicable to entire project.

B.

Setbacks: No setbacks are required, unless a property line of the project site abuts a residential property, in which case, development shall comply with the following:

1.

A minimum five (5) foot setback is required at any property line separating existing residential development from a project approved pursuant to this section.

2.

Structures shall not intercept a sixty degree (60[° ] ) daylight plane inclined inward from a height of twenty (20) feet above existing grade at the shared property line.

C.

Height:

1.

Development on designated sites along Sepulveda Boulevard, Aviation Boulevard, Manhattan Beach Boulevard and Artesia Boulevard shall not exceed thirty-six (36) feet in height.

2.

Development on designated sites along Rosecrans Avenue, including APN 4138020056, shall not exceed sixty (60) feet in height.

3.

For all projects, roof mounted mechanical equipment and elevator shafts are allowed to exceed the maximum allowed height limit by up to five (5) feet, so long as they are properly screened and located in an area that would not be visible from or adversely impact the surrounding properties.

D.

Open Space: A minimum of fifty (50) square feet of private open space per unit is required. To qualify, open space shall have minimum dimension of five (5) feet in any direction. Common open space shall be provided at equal to or greater than eight percent (8%) of buildable floor area.

E.

Fence/Wall: A solid masonry or concrete wall is required for project sites that abut or adjoin a ground-floor residential use or residentially zoned property. The minimum height of a fence or wall shall be six (6) feet as measured from the finished grade of the development approved pursuant to this section, and up to eight (8) feet, unless a greater height is mutually agreed upon for a common property line by the abutting property owners and approved by the Community Development Department.

F.

Parking: Required parking spaces for residential units shall be provided in accordance with the state density bonus law (CA Government Code 65915). Commercial parking in mixed-used projects are subject to standard parking requirements in Chapter 10.64 of the MBMC.

G.

Residential Capacity: Projects can be developed solely with residential uses. For mixed-use projects, a minimum fifty percent (50%) of the floor area shall be dedicated to residential uses.

H.

Other: Project must include a minimum of twenty percent (20%) of the total units for lower-income households. Owner-occupied and rental multifamily uses are allowed.

(§ 1, Ord. 23-0006, eff. March 21, 2023)

Pursuant to Government Code Sections 65583.2(h) and (i), any development proposed pursuant to this chapter is permitted by-right. Qualifying projects shall be submitted directly to the Building and Safety Division for plan check review.

(§ 1, Ord. 23-0006, eff. March 21, 2023)

PART IV - —SITE REGULATIONS Chapter 10.52 - SITE REGULATIONS—RESIDENTIAL DISTRICTS

This chapter contains supplemental land use and development regulations, other than parking, loading, and sign regulations, that are applicable to sites in all or several districts. These regulations shall be applied as specified in Part II: Base District Regulations, Part III: Overlay District Regulations, and as presented in this chapter.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Where a number of lots, whose total front lot line length comprise a minimum of 40 percent of the frontage on a blockface in an R district are improved with buildings that do not conform to the front-yard requirements, the Planning Commission may adopt by resolution a formula or procedure to modify the front-yard setback requirement. The Planning Commission also may modify the required yard depths where lot dimensions and topography justify deviations. Initiation and processing shall be in accordance with procedures applicable to a Zoning Map Amendment (See 10.96. Amendments). Blocks with such special setback requirements shall be delineated on the zoning map. To determine compliance with this section, the Community Development Director shall require applicants to submit a boundary or topographic survey prepared by a licensed surveyor or civil engineer, depicting existing setbacks and land contours, as applicable.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

Yards, height and bulk, and buffering requirements shall be as specified by a use permit, provided that the minimum interior side yard shall be 25 feet and the minimum rear yard shall be 25 feet. Yards adjoining street property lines shall not be less than required for a permitted use.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.52.050 - Accessory structures.

A.

Timing. Accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site

clearance and grading begins and may remain on the site only for the duration of construction.

B.

Location. Except as provided in this chapter, accessory structures shall not occupy a required front, side, or building separation yard. Mechanical equipment and storage buildings shall be prohibited beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off-site; this shall not prohibit development allowed in subsection F of this section.

Exceptions.

1.

Ornamental accessory structures may be located in the front yard of a site if they do not exceed forty-two inches (42″) in height.

2.

One (1) flagpole may be located in the front yard of a site if it does not exceed fifteen feet (15′) in height.

3.

One (1) decorative lamp post may be located in the front yard of a site if it does not exceed eight feet (8′) in height.

4.

Architectural screen walls may be located in the front yard of a site pursuant to Section 10.12.030(P).

5.

One (1) basketball hoop/post may be located in the front yard of a site if it does not exceed thirteen feet (13′) in height.

6.

Stormwater runoff and greywater retention/detention features may be located in required side, rear, or building separation yards as follows:

a.

Retention/detention features installed entirely below local grade.

b.

Above grade retention/detention features may project a maximum of twelve inches (12″) into required side, rear, or building separation yards provided a five-foot (5′) clearance from the property line is maintained.

c.

Other retention/detention feature locations may be approved at the discretion of the Community Development Director.

Exception. Stormwater and greywater retention/detention equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of Section 10.52.040(D), stated above, and is located within a structure having a solid roof, solid walls, and, with no openings within five feet (5′) of said property lines.

C.

Maximum Height. The maximum height of an accessory structure shall be twelve feet (12′), subject to the provisions of this subsection. Additional height shall be permitted, as provided in Section 10.60.060; Exceptions to height limits. For the purpose of this Section, height shall be determined by a weighted averaging of the local grades taken around the perimeter of the accessory structure.

Exceptions.

1.

The maximum height of any portion of an accessory structure which has a minimum three (3) in twelve (12) roof slope, and has a single roof ridge-line located at approximately the center of the structure, may be fifteen feet (15′).

2.

The maximum height of any portion of an accessory structure containing a Guest House or accessory living quarters, as defined in this title, constructed directly above a garage, may be twenty-two feet (22′), when that portion is not located within a required yard, or when it takes vehicle access from a rear alley and is located at least three feet (3′) from all property lines.

D.

Relation to Property Lines. An accessory structure, any portion of which is located within a required rear yard, shall be located on a rear or interior side property line, or shall be not less than three feet (3′) from said property line(s) (See Section 10.64.110; Aisle Dimensions, for exceptions applicable to detached alleyaccessed garages). Building projections within the required setback area as prescribed in this section are permitted in accordance with Section 10.60.040; Building projections into required yards or open space.

Exception: Where a fence, wall, or retaining wall is located on an interior side or rear property line, the setback for an accessory structure to the property line may be between zero and three feet (3′), providing there is zero clearance between said fence, wall or retaining wall and accessory structure.

E.

RS District. In an RS district, the total gross floor area of accessory structures more than four feet (4′) in height that are not attached to a dwelling shall not exceed nine hundred (900) square feet or twelve percent (12%) of lot area, whichever is more.

F.

Residential Zones-Adjacent Separate Lots with Common Ownership. Contiguous residential lots under common ownership may be developed as one (1) site, with only detached accessory structure(s) on one (1) or more of the lots, subject to the following criteria.

1.

Development shall be compatible with adjoining properties in the surrounding area (scale, mass, setbacks, height).

2.

The development has no significant detrimental impact to surrounding neighbors (privacy, pedestrian and vehicular accessibility, light, air, noise).

3.

One (1) of the lots must be developed with a residential dwelling unit as the principal structure.

4.

The development is in compliance with current zoning code standards and any policy guidelines. For development standards the lots shall be treated as separate, except that parking shall be provided for the total buildable floor area on all of the common ownership lots combined.

5.

The recordation of a covenant shall be required, and shall provide for the removal of the accessory structure(s) or the construction of a dwelling unit on the lot that only has the accessory structure prior to selling the lots as separate lot(s). The covenant shall stay in effect until such time as the lot(s) that does not have a residential dwelling unit on it is developed with a dwelling unit, or the accessory structure(s) are removed. The covenant shall be required prior to the issuance of a building permit for any accessory structure on the lot(s) without the dwelling unit.

6.

A development plan for the entire site, all of the contiguous lots under common ownership, shall be submitted.

7.

Development on the lot(s) that do not have a residential dwelling unit shall be limited to the following accessory structures, and shall be in compliance with all requirements of this title:

a.

Guest House (or accessory living quarters) in compliance with the requirements of Section 10.04.030.

b.

Other accessory structures in compliance with subsection E of this section.

c.

Garages and parking areas, provided the garages or parking is not required for the dwelling unit on the contiguous lot.

d.

Other accessory structures that are not included as gross floor area or square footage, including, but not limited to, pools and spas, sports courts, decks, and patios.

G.

Swimming Pools and Hot Tubs.

1.

A swimming pool or hot tub and related equipment may occupy a required rear yard or side yard but shall not be within five feet (5′) of a property line.

Exception: A swimming pool or hot tub and related equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of subsection D, stated above, and is located within a structure having a solid roof, solid walls, and, with no openings within five feet (5′) of said property lines.

2.

All pools and hot tubs shall be fenced, as required by Title 9, Chapter 48 of the Municipal Code.

H.

Decks. No accessory structure deck or green roof/deck more than thirty inches (30″) in height shall be located in a required yard.

I.

In RPD District. The location of accessory structures shall comply with the requirements of the RPD permit.

J.

Separation. The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings on the same lot shall not be less than ten feet (10′).

K.

Accessory Dwelling Units constructed in compliance with Chapter 10.74 are not subject to the provisions of this Section 10.52.050.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1842, Amended, 08/15/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1891, Amended, 01/06/94; §§ 12, 13, Ord. 2111, eff. March 19, 2008, § 8, Ord. 2146, eff. August 4, 2011, and §§ 6, 7, Ord. 18-0024, eff. Jan. 18, 2019)

10.52.060 - Repealed.

Repealed § 2, Ord. 2049, eff. November 18, 2003

A.

Permit Required. A home occupation in an R district shall require a Home Occupation Permit, obtained by filing a completed application form with the Community Development Director. The Community Development Director shall issue the permit upon determining that the proposed home occupation complies with the requirements of this section.

B.

Contents of Application. An application for a Home Occupation Permit shall contain:

1.

The name, street address, and telephone number of the applicant;

2.

A complete description of the proposed home occupation, including number and occupation of persons employed or persons retained as independent contractors, amount of floor space occupied, provisions for storage of materials, and number and type of vehicles used.

C.

Required Conditions. Home occupations shall comply with the following regulations:

1.

There shall be no stock-in-trade other than products fabricated on the premises.

2.

A home occupation shall be conducted entirely within a building and shall occupy no more than five hundred (500) square feet of floor area. No outdoor storage shall be permitted.

3.

The existence of a home occupation shall not be apparent beyond the boundaries of the site.

4.

No one other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors.

5.

No kilns exceeding 10 cubic feet in size shall be permitted, and a home occupation shall comply with the performance standards prescribed by Section 10.60.120, provided that no noise shall be perceptible at or beyond the property line.

6.

A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. No more than one (1) commercially licensed vehicle or vehicle related to the home occupation shall be permitted to be stored or parked on the site, other than in an enclosed garage.

7.

No motor vehicle repair, beauty shop or barber shop shall be permitted, and a home occupation shall not include an office or sales room open to visitors without prior appointments, and there shall be no advertising of the address of the home occupation that results in attracting persons to the premises.

The permit for a home occupation that is not operated in compliance with these regulations shall be revoked by the Community Development Director after 30 days written notice unless the home occupation is altered to comply.

D.

Appeals. In accord with Chapter 10.100, decisions of the Community Development Director may be appealed to the Planning Commission by the applicant or owners of the property that is located within 300 feet of the site of the home occupation.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Repealed, 10/29/92)

10.52.090 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Repealed § 14, Ord. 13-0006, eff. August 1, 2013)

10.52.100 - Manufactured homes.

A.

Purpose. It is the intent of the City to provide opportunities for the placement of manufactured homes in R districts, consistent with state law, and to ensure that such manufactured home is designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

B.

General Requirements. Manufactured homes may be used for residential purposes if such manufactured home has been granted a Certificate of Compatibility and is located in an R district. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit issued under Chapter 10.84.

C.

Requirements for Certificates of Compatibility. Manufactured homes may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations, provided that such manufactured home receives a Certificate of Compatibility. The Community Development Director shall issue such certificate if the manufactured home meets the design and locational criteria of this subsection.

The certificate shall be valid for two (2) years and may be renewed for subsequent periods of 2 years if the location and design criteria of this section are met. More specifically, the location and design of manufactured homes shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots.

1.

Location Criteria. Manufactured homes shall not be allowed:

a.

On substandard lots that do not meet the dimensional standards of Chapter 10.12;

b.

As an additional unit on an already developed lot;

c.

As an accessory building or use on an already developed lot; or

d.

On lots with an average slope of more than ten percent (10%), or on any portion of a lot where the slope exceeds fifteen percent (15%).

2.

Design Criteria. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

a.

Each manufactured house must be at least sixteen feet (16′) wide;

b.

It must be built on a permanent foundation approved by the Community Development Director;

c.

It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;

d.

The unit's skirting must extend to the finished grade;

e.

Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;

f.

The roof must have a pitch of not fewer than three inches (3″) vertical rise per twelve inches (12″) horizontal distance;

g.

The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Manhattan Beach;

h.

The roof must have eaves or overhangs of not less than one foot (1′);

i.

The floor must be no higher than twenty inches (20″) above the exterior finished grade; and

j.

Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area.

D.

Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured house, the owner shall provide to the Community Development Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Community Development Director with a statement to that effect from the dealer selling the home.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 2049, eff. November 18, 2003)

10.52.110 - Residential condominium standards.

A.

Eligibility requirements.

1.

All residential condominiums (new construction or conversion) located in area districts III and IV shall have vehicular access from both the front and the rear property lines from dedicated streets or alleys improved and open to vehicular use.

a.

Exception. Properties on the Strand.

b.

Exception. Where a building site (consisting of a lot or portions of a lot) exists on March 9, 1989, and (1) neither the front nor the rear of the site is adjacent to a "walk street" and (2) the building site has access from two (2) or more property lines from dedicated public streets or alleys improved and open to vehicular use. The building site shall be deemed to be a condominium site. This exception does not apply in area district IV.

c.

Exception. Where a building site is zoned RH is adjacent to a "walk street" and has vehicular access from two (2) or more property lines from dedicated street or alleys improved and open to vehicular use, said building site shall be deemed to be a condominium site, with a maximum of two (2) dwelling units.

B.

The following standards shall apply to construction of new condominiums; condominium conversion standards are prescribed by Chapter 10.88.

1.

Sound attenuation for all common wall assemblies, and floor-to-ceiling assemblies which separate units from each other or from common areas within the building such as hallways, corridors, laundry rooms, recreation rooms or garage and storage areas, shall be required for both airborne sound and impact sound.

All such common wall assemblies shall provide an airborne sound insulation equal to that required to meet a sound transmission class (STC) of fifty-five (55) for wall assemblies, fifty (50) if field tested, as defined in the Uniform Building Code standards.

Dwelling unit entrance including perimeter seals shall meet a sound transmission class (STC) of thirty-three (33).

Additional requirements for sound alteration as follows:

a.

No exhaust fans or vent pipes shall serve more than one (1) dwelling unit.

b.

All water pipes to sinks and laundry facilities shall be installed with sound deadening materials to prevent the transfer of noise.

c.

All voids around pipes shall be packed with rock wool or equivalent sound-deadening material, and all pipes shall be wrapped at all points of contact with any wood or steel members, and strap hangers.

d.

No plumbing vents or similar equipment shall be placed back to back between separate dwelling units.

3.

All floor-to-ceiling assemblies between separate dwelling units or common areas shall provide airborne sound insulation equal to that required to meet a sound transmission class (STC) of fifty (50), forty-five (45) if field tested, as defined in the Uniform Building Code standards.

4.

All floor-to-ceiling assemblies between separate dwelling units or common areas shall provide impact sound insulation equal to that required to meet an impact insulation class (IIC) of sixty (60), fifty-five (55) if field tested, as defined in the Uniform Building Code standards.

5.

All residential condominiums consisting of two (2) units on a single lot which is to be owned in common shall be developed with units where the buildable floor area of either unit shall not exceed fifty-five percent (55%) of the maximum BFA allowed on the lot.

6.

All residential condominiums shall have separate electrical and water meters and early warning fire detection systems.

7.

At least one hundred fifty (150) cubic feet of enclosed or semi-enclosed storage space shall be provided for each unit. Required storage shall be located in either the garage or an area outside of and inaccessible from the living area if visually screened. Required storage shall not be located in required yards, open space, or parking areas.

Where laundry rooms, water heaters, and/or, dishwashers are unequipped to prevent leakage above neighboring units or above other residential floors below "drip pans," or other devices, shall be provided.

9.

All new buildings shall conform to Title 24 of the California Code of Regulations requiring compliance with the state energy regulations.

10.

Enclosed or semi-enclosed trash areas shall be provided. Trash areas shall not be located in required front and side yards, open space, and parking areas.

11.

All utilities serving the site shall be undergrounded consistent with the provisions and exceptions provided in Section 9.12.050, Services undergrounding of this Code.

12.

The title sheet and condominium owner's agreement shall state that the unit ownership is an "intangible portion of multiple residential property" and "ownership of a unit does not parallel or emulate ownership of single-family property or use…"

13.

The condominium owners' association shall provide the opportunity for annual review and inspection of the building and the interior of individual units.

14.

Building exteriors and common areas shall be maintained in the absence of an individual owner's agreement.

15.

All common areas including, but not limited to, exterior portions of buildings, structures, utilities, yards, driveways, open space, etc., shall be under common ownership of all owners of condominium units.

16.

All title conditions, covenants, and restrictions (CC&Rs), in form and content, and any revisions thereto shall, if required by the project use permit, be subject to approval of the City Attorney.

17.

Two (2) off-street parking spaces and one (1) guest space shall be provided, consistent with Section 10.64.030.

A permit will not be issued for an exterior or structural improvement to a condominium unless the condominium owner seeking the permit provides the City either one (1) of the following, as determined by the Community Development Director:

a.

The homeowners association's or similar governing body's written approval of the proposed work; or

b.

Proof of written notification of the other condominium owner(s) in the condominium development describing the proposed work.

19.

Each condominium unit shall have a designated space for an air conditioning unit. Air conditioning units shall not be located in the required front yard, side yards, open space, and parking areas.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 2014, eff. July 6, 2000; § 5, Ord. 18-0007, eff. June 2, 2018)

10.52.120 - Tree preservation and restoration in residential zones, Area Districts I and II.

A.

Purpose. Tree preservation is necessary for the health and welfare of the citizens of the City of Manhattan Beach in order to provide cooling shade and beauty, increase property values, minimize spread of disease to healthy trees, conserve scenic beauty, prevent erosion of topsoil, protect against flood hazards, counteract pollutants in the air, and generally maintain the climatic and ecological balance of the area.

These regulations strive to preserve and enhance the existing healthy tree canopies on individual residential properties as well as the overall neighborhood, in order to maintain the neighborhood character, while allowing flexibility for removal of existing trees that may be inappropriate for an area or causing damage. The intent is to enhance the future tree canopy of the City, striving to provide the right trees in the right location.

enhance the existing healthy tree canopies on individual residential properties as well as the overall neighborhood, in order to maintain the neighborhood character, while allowing flexibility for removal of existing trees that may be inappropriate for an area or causing damage. The intent is to enhance the future tree canopy of the City, striving to provide the right trees in the right location.

The intent of this section is also the reasonable retention and preservation of healthy trees while considering and balancing the reasonable enjoyment of private property. The design of residences, including grading, driveways, walkways, patios, utilities and right-of-way improvements, shall consider and accommodate existing healthy protected trees, as reasonably feasible.

The purpose of the Tree Trimmers Permit is to provide standards so that trees are pruned properly in order to protect the City's tree canopy and to provide residents with a list of permitted Tree Trimmers.

B.

General Requirements.

Except as provided in subsection I (Exemptions), no person shall directly or indirectly remove or cause to be removed, or relocate any protected tree as herein defined, from residentially zoned properties within Area Districts I and II, without first obtaining a permit to do so in accordance with the procedures set forth in this section.

2.

No person shall directly or indirectly neglect, abuse, damage, mutilate, injure or harm any protected tree as herein defined, from residentially zoned properties within Area Districts I and II.

C.

Definitions.

1.

"Protected tree" shall include: any species of tree, (excluding deciduous fruit-bearing trees and Washingtonia species palms) the trunk of which is located at least partially within the required front yard or streetside yard (on corner lots) of a site, with a trunk diameter of twelve inches (12″) or greater or multiple trunks totaling twelve inches (12″) in diameter or greater at a height of four and one-half feet (4.5′) from existing grade; and any replacement tree required pursuant to this section.

2.

A "tree permit" is a permit required for the removal, relocation or replacement of a protected tree.

3.

A "tree plan" shall mean a plot plan (scale ⅛ inch = 1 foot, minimally) with all trees on the subject property identified by location, size and species, including:

a.

Footprint of all existing and proposed buildings and/or additions to buildings on the property;

b.

Location of all trees within the front and streetside yards, in the adjacent public right-of-way and on adjacent properties within ten feet (10′) of the subject property adjacent to the front and streetside yards;

c.

Size (diameter and height) and species of each tree;

d.

Location of drip line for each tree;

e.

Designation of tree(s) to be removed, saved, relocated and/or replaced;

f.

Proposed location, size and type of replacement tree(s);

g.

Photos of all trees in front and streetside yards.

D.

Preservation of Trees During Grading and Construction Operations.

1.

All protected trees, as defined above, shall be preserved and protected, and may be only be removed or relocated with prior approval of a Tree Permit provided they are replaced or relocated in accordance with the provisions of this section.

2.

Trees required to be retained shall be protected during demolition, grading, and construction operations by methods subject to the approval of the Community Development Director.

3.

Care shall be exercised for trees to be preserved so that no damage occurs to said trees. Advisory sign(s) that identify the tree protection requirements shall be clearly posted on the site. All construction shall preserve and protect the health of trees:

a.

Remaining in place;

b.

Being relocated;

c.

Planted to replace those removed;

d.

Adjacent to the subject property.

4.

Any tree which is adjacent to the subject property and may be potentially impacted by construction activity on the subject property shall be protected pursuant to the provisions of this chapter.

No grading or construction, including structures, paving, and walls, that disrupts the root system on private as well as public property, shall be permitted without prior approval by the Community Development Director. As a guideline, no cutting of roots over two inches (2″) in diameter should occur within the drip line of the tree as measured at ground level. Where some root removal is necessary as approved by the City the tree crown may require thinning to prevent wind damage.

6.

Required public right-of-way improvements shall take priority over tree preservation, however alternative designs and materials, including but not limited to modified dimensions, permeable surfaces and planter areas with irrigation, shall be considered and implemented, as feasible.

7.

Relocation of protected trees shall only be allowed if the Community Development Director determines that the relocation will not be detrimental to the health of the tree or to other protected trees.

8.

No fill material shall be placed within the drip line of any tree.

9.

The Community Development Department may impose special measures determined necessary to preserve and protect the health of trees to remain on site.

E.

Tree Permit Applications—Without Building Permit.

1.

Any person desiring to remove or relocate one (1) or more protected trees shall obtain a Tree Permit from the Community Development Department. A fee, as specified in the City's Fee Resolution, shall be required for a Tree Permit.

2.

Tree Permit applications shall include a Tree Plan, and written proof of neighbor notification pursuant to applicable permit instructions and may also include an arborist's report.

3.

A bond, cash deposit or other financial security, may be required to ensure required replacement trees are planted and/or that existing protected trees are properly protected, as determined to be appropriate by the Community Development Director.

4.

The Community Development Director, when approving Tree Permits, shall determine the adequacy and appropriateness of the submitted plan, neighbor input, and other related information.

F.

Tree Permit—With Building Permit.

1.

Application for a Building Permit shall require a Tree Permit/Acknowledgement and Plan as defined above, if protected trees are located on the property.

2.

A Tree Permit shall be required if the proposed project may impact existing trees in the front or streetside yard of the subject property even though removal is not planned.

3.

A fee, as specified in the City's Fee Resolution, shall be required for a Tree Permit.

4.

A bond, cash deposit or other financial security, may be required to ensure required replacement trees are planted and/or that existing protected trees are properly protected, as determined to be appropriate by the Community Development Director.

5.

Any new residential construction project in Area Districts I and II which exceeds fifty percent (50%) valuation (total estimated cost of reconstructing the entire structure as defined by Section 10.68.030 of this Code) shall be required to plant a minimum of one (1) new thirty-six inch (36″) box tree, unless the Director of Community Development determines that it is inappropriate to require additional tree(s) on the property.

G.

Tree Removal Permit Process. A Tree Permit application is required for the removal and replacement of protected trees.

1.

Criteria and Findings. In making a determination to approve a Tree Removal Permit application, the Director of Community Development shall require that the following criteria be met:

a.

A finding shall be made that the application is consistent with the Purpose portion of this Section.

b.

The age, species, history, and location of the tree in relationship to other trees, and existing and proposed surrounding structures, utilities and other improvements, shall be considered.

c.

At least one (1) of the following criteria shall be met:

i.

The tree is dead, or

ii.

The tree is a health or safety hazard, or is structurally unstable, or

iii.

The tree is dying or in marginal condition and reasonable alternatives to preserve or rejuvenate the tree have been implemented unsuccessfully or have been analyzed, and are not feasible, or

iv.

Residential buildings shall take priority over tree preservation, however alternative designs and materials, shall be considered and implemented, as feasible, with the proposed overall design of the project, or

v.

The tree is causing or will cause in the near future, significant damage to public or private property, which creates a liability, health or safety concern, and can not reasonably be repaired, maintained or corrected. Trees causing damage to sewers, water lines or other similar private underground utilities, in itself shall not be considered to meet the criteria for removal and replacement, or

vi.

The tree is obstructing protected solar access as regulated by California State law, Solar Shade Control Act, Public Resources Code 25980-25986, and the tree can not be reasonably pruned or maintained in accordance with the State requirements.

2.

Arborist Report and Documentation. The Director may require the applicant to submit a report from an ISA certified arborist or other horticultural professional, and/or historical or other support documentation in order to substantiate that the required criteria and findings have been met. The City arborist and/or other City staff may review the information. All costs shall be the responsibility of the applicant.

3.

Third Party Arborist. If the applicant's arborist or other horticultural professional is not in agreement with the findings of the City arborist or staff a third party ISA certified arborist, agreed to by the applicant and the

City, may be contracted to mediate the situation. The cost of this third party arborist shall be shared between the applicant and the City.

H.

Replacement Trees. Required replacement trees shall be minimum thirty-six inch (36″) box trees for each protected tree removed of an appropriate species and must be planted within ninety (90) days after the removal of the tree, or prior to issuance of a building permit final. Actual sizes, species, location, and quantities of replacement trees are subject to Community Development Director approval. The City street tree list may be used as a guideline by the Director in determining appropriate replacement tree(s). A combination of protected and replacement tree quantities shall not result in less than one (1) protected tree per lot or thirty feet (30′) of site frontage. If the Director of Community Development determines that there is not adequate room on the property for replacement tree(s) due to the number of existing trees to remain, then the requirement for replacement trees may be modified or waived.

I.

Exemptions. Tree removals and alterations exempt from the requirements of this section are as follows:

1.

Removal in case of imminent emergency caused by the hazardous or dangerous condition of a tree, requiring immediate action for the safety of life or property (e.g., a tree about to topple onto a dwelling due to heavy wind velocities) with the prior approval of the Director of Community Development or his or her designee if a subsequent application for a Tree Permit is filed within five (5) working days.

2.

Removal of any tree that is determined to be a public nuisance in accordance with Section 7.32.070, with prior approval of the Directors of Community Development and Public Works or his or her designee if a subsequent application for a Tree Permit is filed within five (5) working days.

3.

Removal of deciduous fruit-bearing trees, Washingtonia robusta, or Washingtonia filifera.

4.

Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of California, as may be necessary to comply with their safety regulations, or to maintain the safe operation of the facilities.

5.

Cutting of tree branches and roots extending across property lines into adjacent property, to the extent that the pruning complies with the American National Standards Institute (ANSI A300) standards and does not damage or potentially damage the health and structure of the tree(s).

6.

Cutting of tree branches and roots to the extent that the pruning complies with the American National Standards Institute (ANSI A300) requirements and does not damage or potentially damage the health and structure of the tree(s).

J.

Tree Trimmers Permit.

1.

Permit Requirements. Any person pruning any private property protected tree in the City must have a Tree Trimmers Permit. Residents are responsible for hiring City licensed Tree Trimmers. Residents pruning their own trees are exempt from obtaining a Tree Trimmers Permit but must still comply with the ANSI A300 standards.

2.

Standards.

a.

All Tree Trimmers and Residents. Protected trees must be pruned in accordance with ANSI A300 pruning standards, which include, but are not limited to, the following standards:

i.

Generally no more than twenty-five percent (25%) of living foliage should be removed annually, and

ii.

Topping of trees is generally prohibited.

b.

All Tree Trimmers. The following standards must also be met when pruning protected trees:

i.

A notice provided by the City shall be posted on the site, in accordance with the requirements stated in the Tree Trimmers Permit.

ii.

The State of California may require contractor's to have one (1) of the following licenses if the total cost of the job exceeds a dollar value established by the State:

aa.

C27—Landscaping Contractor, or

bb.

C61—Limited Specialty Classification and D49 Tree Service.

K.

Non-liability of City. Nothing in this section shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any private property shall have a duty to keep the trees upon the property and under his control in a safe and healthy condition.

L.

Violation/Penalties. Violation of this chapter shall be punishable as a misdemeanor or an infraction subject to the discretion of the City Prosecutor with the following additional penalties:

1.

Suspension, Revocation and Restoration. In addition to any other penalties allowed by this Code, the Director of Community Development may suspend any Tree Permit. The Planning Commission or City Council may suspend the Tree Permit for a Discretionary Project upon a finding at a public hearing that a violation of conditions of approval has occurred.

2.

Stop Work Orders. Whenever any construction or work is being performed contrary to the provisions of this section or condition of approval of the applicable discretionary project the Director of Community Development may issue a written notice to the responsible party to stop work on the project on which the violation has occurred or upon which the danger exists. The notice shall state the nature of the violation and the risk to the trees. No work shall be allowed until the violation has been rectified and approved by the Director of Community Development.

3.

After-the-Fact Permit Fees. The standard permit fee shall be doubled for tree removals or other work requiring a Tree Permit pursuant to this section when commenced prior to issuance of said permit.

M.

Administrative Fines. The Director of Community Development may impose a fine against any person who is in violation of any provision of this section. Such fine shall be a range as specified in the City Fee Resolution. The proceeds of all administrative fines imposed under this section shall be placed in a "Tree Canopy Restoration Fund" to be used solely for the replacement and maintenance of trees in the public right-of-way or on public property within the City.

1.

Any person upon whom a fine is considered to be imposed pursuant to this section shall be entitled to a written notice of the pending decision of the imposition of the fine within ten (10) calendar days of the decision of the imposition of the fine. The notice shall state the amount of the fine, the reason for the proposed imposition of the fine and the authority for imposing the fine. The notice shall also state that the

person upon whom the fine is proposed to be imposed has a right to request a hearing to protest the proposed decision of imposition of the fine and the time and method by which a hearing may be requested.

2.

Any person upon whom a fine authorized by this section is proposed to be imposed may request, in writing, a hearing to protest the proposed fine. The request must be filed with the City Clerk within ten (10) calendar days from the mailing date of the notice of the proposed fine. The failure to timely file a written request for a hearing shall constitute a waiver of the right to a hearing.

3.

Upon timely receipt of a request for a hearing, the City shall, within ten (10) calendar days of receipt of such a request hold a hearing to be presided over by the Director of Community Development or his or her designee. This presiding officer shall determine the procedure and rules for the conduct of the hearing. The ruling of the presiding officer, notwithstanding any other provision of this Code shall be final.

4.

If the Director determines that a fine is due, and the fine imposed by this section is not paid within fifteen (15) calendar days of its becoming due and payable the City may file a lien in the amount of the fine plus interest at the legal rate, which may be recorded on any property owned by the individual subject to the fine which is located in the City.

5.

In the event that a civil action is filed regarding any provision of this subsection M, the City shall be entitled to attorney fees if it prevails.

N.

Effective date—Appeals. Unless appealed in accordance with Chapter 10.100, a Tree Permit decision shall become effective after expiration of the time limits for appeal set forth in Section 10.100.030.

(Ord. No. 1884, Enacted August 19, 1993; § 2, Ord. 2045, eff. May 6, 2003, as amended by § 2, Ord. 2082, eff. March 21, 2006; §§ 2—9, Ord. 2121, eff. April 3, 2009)

Chapter 10.56 - SITE REGULATIONS—NONRESIDENTIAL DISTRICTS

10.56.010 - Specific purposes and applicability.

This chapter contains supplemental land use and development regulations, other than parking, loading, and sign regulations, that are applicable to sites in all or several districts. These regulations shall be applied as specified in Part II: Base District Regulations, Part III: Overlay District Regulations, and as presented in this chapter.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.56.020 - Eating and drinking establishments with fast-food or take-out service.

The following supplementary development regulations shall apply to Eating and Drinking Establishments with Fast-Food or Take-Out Service other than Limited Take-Out Service, as defined in Chapter 10.08:

A.

No Walk-Up Service. Food shall be delivered to patrons within a car or within a building, or enclosed or covered outdoor eating area.

B.

Minimum Separation. Establishments on separate freestanding sites that are outside shopping centers and have adjoining parking shall not be closer than 500 feet to a public or private school, park, or playground.

C.

Litter Control. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed. A use permit may require the operator to retain a contract litter cleanup service if it is determined that a potential litter problem exists.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

10.56.030 - Service stations and automobile washing.

The following supplementary development regulations shall apply to the Service Stations, Vehicle/Equipment Repair, and Automobile Washing use classifications.

A.

Site Layout. Conditions of approval of a use permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

B.

Storage of Materials and Equipment. The provisions of Section 10.60.080 Outdoor facilities shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within 3 feet of the principal building, and shall be limited to 1 per street frontage. Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the use permit.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.56.040 - Hazardous materials storage.

A.

Purpose. The following supplemental regulations are intended to ensure that the use, handling, storage and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code and that the City is notified of emergency response plans, unauthorized releases of hazardous

substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare.

It is not the intent of these regulations to impose additional restrictions on the management of hazardous materials, which would be contrary to state law, but only to require reporting of information to the City that must be provided to other public agencies.

B.

Definitions. For purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services pursuant to Section 25282 of the California Health and Safety Code.

C.

Permit Required. A use permit shall be required for any new commercial, industrial, or institutional use or accessory use, or major addition or alternative to an existing use, that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code adopted by the City, with the following exceptions:

1.

Underground storage of bulk flammable and combustible liquids is permitted, subject to provisions of Section 10.56.040(E); and

2.

Hazardous substances in container sizes of 10 gallons or less that are stored or maintained for the purposes of retail or wholesale sales are exempt from these regulations.

D.

Hazardous Materials Release Response Plans. All businesses located in the city and required by Chapter 6.95 of the California Health and Safety Code and Ordinance No. 1751 of the Municipal Code to prepare hazardous materials release response plans ("business plans") shall submit such plans to the Manhattan Beach Fire Department.

E.

Underground Storage Tanks. Underground storage of hazardous substances shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code and Section 79.113(a) of the Uniform Fire Code. Any business located in the city that uses underground storage tanks shall:

1.

Notify the Fire Department of any unauthorized release of hazardous substances immediately after the release has been detected and steps taken to control the release;

Notify the Fire Chief of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

These notification requirements shall be a condition of approval of a zoning certificate for (1) new development that involves installation of underground tanks, and (2) any alteration or addition to an existing building or structure on a site where underground storage tanks exist.

F.

Above-Ground Storage Tanks. Above-ground storage tanks for any flammable liquids shall not be allowed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The following supplemental regulations shall apply to the operation of game centers, including mechanical or electronic games or any other similar machine or device.

A.

Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages.

B.

Permit Required. Applicants desiring a permit for the purpose of operating a game center as a business in a C district and not as an accessory use must obtain the approval of the City Council pursuant to the provisions of 4-3.101 of the Municipal Code and subsection F of this section. The permit is issued by the Community Development Director and is valid only for the number of games specified; the installation or use of additional games requires a new or amended permit. The permit shall be permanently and conspicuously displayed.

C.

Duration and Renewal of Permit. Initially, the permit shall be valid only for one (1) year; thereafter, the Community Development Director may renew the permit for periods of not more than two (2) years. The procedure for renewal is the same as that for the initial application, and the same factors considered for the initial application shall be considered for the renewal.

D.

Adult Manager. At least one (1) adult manager shall be on the premises during the time a game center is open to the public.

E.

Hours of Operation for Minors under 18 Years of Age. No game center owners, manager or employees shall allow a minor under eighteen (18) years of age to play a mechanical or electronic game machine during the hours the public schools of the district in which the center is located are in session, or after 9 p.m. on

nights preceding school days, or after 10 p.m. on any night. It is the responsibility of the owner or manager of the game center to obtain a current schedule of school days and hours.

F.

Locational Criteria.

1.

With the CC and CG districts, a game center shall not be permitted within three hundred feet (300′) of a school site or the boundary of a residential district, or within five hundred feet (500′) of a liquor store, a cocktail lounge or bar. The distance shall be measured in a straight line from the game center to the property line of the school site, the district boundary, or the property line of the liquor store, cocktail lounge, or bar, as the case may be.

2.

Within the CD and CNE districts, game centers with not more than five (5) games shall be permitted, subject to the restrictions that may be imposed pursuant to subsection G of this section.

G.

Restrictions. The Community Development Director may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety and welfare of the surrounding community.

H.

Appeals. Any person may appeal the decision of the Community Development Director on an application for an initial permit or a renewal of a permit for a game center to the Planning Commission.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Certain commercial businesses, such as eating and drinking establishments and visitor accommodations, with use permits and other discretionary zoning approvals that limit the hours of operation may operate for extended hours for New Year's Eve as designated in Section 6.01.330 of the Businesses, Professions and Trades Code.

(§ 5, Ord. 2126, eff. September 3, 2009)

A.

Use Permit. Body art studios shall obtain a use permit pursuant to the procedures set forth in Sections 10.84.030, 10.84.040, 10.84.050, 10.84.080, 10.84.090 and 10.84.100. A use permit shall be granted by the

Planning Commission, or the City Council on appeal, unless the information submitted by the applicant and/or the evidence presented at the public hearing substantiates that there are any grounds for denial.

B.

Grounds for Denial. The following circumstances constitute grounds for denial of a use permit for a body art studio:

1.

The applicant has failed to complete the application.

2.

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application.

3.

The applicant is under eighteen (18) years of age.

4.

The proposed body art studio does not comply with the standards of this section.

5.

The applicant has had use permit for a body art studio revoked by the City within the previous twelve (12) month period.

C.

Conditions. The Planning Commission, or the City Council on appeal, may impose conditions on a use permit for a body art studio to mitigate secondary impacts that are reasonably foreseeable based on evidence at the public hearing. As used in this section, the term "secondary impacts" means disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), traffic violations, curfew violations, lewd conduct or police detentions and arrests.

D.

Hours of Operation. Body art studios' hours of operation shall be between the hours of 10:00 a.m. to 10:00 p.m., unless the Planning Commission, or the City Council on appeal, provides for alternative hours of operation as part of use permit approval. More restrictive hours of operation may be imposed if a proposed body art studio location is adjacent to a bar, nightclub, or other uses involving on-site alcoholic beverage consumption, or if evidence of secondary impacts is presented at the public hearing. More expansive hours of operation may be permitted if a proposed body art studio location is insulated from adjacent uses by topography or other features of the site.

E.

Location Criteria. Body art studios shall not be established or located within two hundred feet (200′) of any other body art studio or within six hundred feet (600′) of any school or park. For purposes of measuring this distance requirement, all distances shall be measured (without regard to intervening structures) in a straight line between the property line where the body art establishment is, or will be located, and the nearest property line of any land use identified above.

F.

Health and Safety. The operator of the body art studio shall obtain all permits required by Los Angeles County Department of Public Health and adhere to the applicable provisions of Chapter 5.44 (Health and Safety Code) of this Code.

G.

Additional Standards.

1.

Body art studios shall provide a separate lobby or waiting area for patrons waiting for services.

2.

Body art studios shall not display services in progress visible from either the exterior or interior of the establishment at any time.

H.

Temporary or mobile body art studios are not permitted by this section.

(§ 7, Ord. 2155, eff. February 17, 2012)

This section sets forth the requirements for the establishment and operation of emergency shelters.

A.

Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:

1.

Zoning Conformance Required. Emergency shelters may be established and operated in the Public/SemiPublic (PS) District and Industrial Park (IP) District subject to non-discretionary approval of a zoning clearance in compliance with Chapter 10.80;

2.

Management and Operations Plan. An application for a permit to establish and operate an emergency shelter shall be accompanied by a management plan, which should incorporate the following: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or offsite supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

B.

Development Standards. In addition to other standards set forth in the Municipal Code, emergency shelters shall conform to the following standards.

1.

Maximum of twenty-five (25) beds.

2.

Minimum separation of three hundred feet (300′) between emergency shelters.

3.

One (1) parking space per four (4) beds, plus one (1) space for each staff member on duty.

(§ 9, Ord. 13-0006, eff. August 1, 2013)

Chapter 10.60 - SITE REGULATIONS—ALL DISTRICTS

This chapter contains supplemental land use and development regulations, other than parking, loading, and sign regulations, that are applicable to sites in all or several districts. These regulations shall be applied as specified in Part II: Base District Regulations, Part III: Overlay District Regulations, and as presented in this chapter.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.60.020 - Development on substandard lots and portions of lots.

A.

For the purposes of this section, a substandard lot is a pre-existing, legally created lot having a width or area less than required for the base district in which it is located. A substandard lot may be occupied by a permitted or conditional use for the base district subject to the applicable development regulations, provided that in an R district, at least one (1) dwelling unit may be located on a substandard lot.

B.

For the purposes of this section, a portion of a lot is a portion of a lot recorded in separate ownership from the remainder of the lot prior to July 20, 1967. A portion of a lot may be occupied by a permitted or conditional use for the base district, subject to the applicable development regulations and the following:

1.

A portion of a lot shall be subject to the same density requirements as a standard lot, provided that in an R district a portion of a lot having a width or area less than required for the base district in which it is located may be occupied by only one (1) dwelling unit where the portion of a lot otherwise meets the requirements of this section (see El Porto exception, Section 10.12.030(J)).

2.

In an R district, a portion of a lot may be developed only when the portion of a lot abuts and has access to a dedicated street or alley used and improved for vehicular traffic.

3.

In an R district, a portion of a lot having a width or area less than required for the base district in which it is located may be developed only when the portion of a lot contains a single-family dwelling thereon which has been constructed after issuance of valid building permits for such construction (see El Porto exception, Section 10.12.030(J)). If an existing building occupies more than one portion of a lot, redevelopment may not result in more dwellings than were existing on the site.

4.

Where a portion of a lot having a width or area less than required for the base district in which it is located is occupied by a building containing two (2) or more dwelling units constructed by issuance of valid building permits, such building occupancy shall constitute a nonconforming use subject to the regulations of Chapter 10.68 of this title (see El Porto exception, Section 10.12.030(J)).

5.

The development entitlement of any portion of a lot pursuant to this section is subject to City review and issuance of a certificate of compliance or conditional certificate of compliance, if applicable.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 14, 1996)

The regulations applicable to each district shall be applied to the area within that district, and no use (other than parking serving a principal use on the site) shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.60.040 - Building projections into required yards or required open space.

Projections into required yards or required open space shall be permitted as follows:

A.

Architectural Features.

1.

Cornices, eaves, sills, and similar horizontally oriented features that do not exceed a vertical dimension of two feet (2′), and screened utility meters: Two and one-half feet (2½′) provided a two-foot (2′) clearance from the property line is maintained.

2.

Pillars, columns, buttresses, and similar vertically oriented features that do not exceed a horizontal dimension of two feet (2′): One foot (1′), except where the required yard is less than three feet (3′), no projection is permitted. Each of such projections shall be spaced a minimum of three feet (3′) apart, and the aggregate length of all such projections shall not exceed one-fifth ( ⅕ ) the buildable width of a lot in the front or rear and one-eighth (⅛) the buildable length of a lot along the sides.

B.

Uncovered porches, platforms, decks, green decks and landings, including access stairs thereto, which do not extend above the floor elevation of an adjoining portion of the first story: Three feet in a side or building separation yard, four feet (4′) in a front yard and six feet (6′) in a rear yard, provided that a two-foot (2′) clearance from the property line is maintained. Open-work railing not to exceed three and one-half feet (3½′) in height may be installed.

Exception. A zero foot (0′) clearance shall be permitted from property lines adjoining numbered "walk streets," or unimproved public street or alley easements which are not open to vehicular use.

C.

Cantilevered archways, awnings, canopies, and entry covers: Two and one-half feet (2½′) in a side or building separation yard and five feet (5′) in a front or rear yard, provided that a two-foot (2′) clearance to the property line is maintained. The aggregate length of all such projections shall not exceed one-half (½) the buildable width of a lot in the front or rear and one-half the buildable length of a lot along the sides.

Exceptions:

1.

An eighteen-inch (18″) projection above a doorway located on the side of a building is allowed for a length not to exceed the doorway width plus eighteen inches (18″) on either side.

2.

Four (4) maximum eight-inch (8″) width support posts spaced at least three feet (3′) apart may be located underneath porch/entry covers within the front yard setback. Porch/entry covers shall not exceed a height of fourteen feet (14′) as measured from local grade.

D.

Stairways above the level of the first floor: Two feet (2′) in a side yard and four feet (4′) in a front or rear yard provided that a three-foot (3′) clearance to the property line is maintained and such stairways are open and unenclosed and not covered by a roof or canopy except as provided by subsection (C) above.

E.

Patios: Covered patios, attached to a dwelling unit, and open on at least two (2) sides, may project into a rear yard, provided that a three-foot (3′) clearance to the property line is maintained and no more than forty percent (40%) of the required rear yard shall be covered by buildings or other roofed structures.

F.

Balconies and Bay Windows: Balconies, including green roofs or decks, and bay windows may project into required yards and usable open space, subject to the following limitations:

1.

The glass area of each bay window shall be not less than fifty percent (50%) of the sum of the vertical surfaces of such bay window.

2.

The maximum length of each bay window shall be eight feet (8′) at the line that establishes the yard setback and shall be reduced in proportion to the distance from such line by means of a forty-five-degree (45º) angle drawn inward from the end of the eight-foot (8′) dimension, reaching a maximum of six feet (6′) along a line that is one foot (1′) from and parallel to the setback line. The total aggregate length of all bay windows on each level projecting into a required yard shall not exceed one-quarter (1/4) of the buildable length or buildable width of the lot, as the case may be.

3.

No bay window shall project into an open area established by an inclined plane extending upward at fortyfive-degree (45º) angle from a horizontal extension of the adjacent floor level. The intent of this requirement is to ensure that no floor area projects into a required yard.

4.

Balconies, shall have open railings, glass or architectural details with openings to reduce visible bulk; balconies composed solely of solid enclosures are not allowed to project into required yards.

5.

Balcony projections are allowed in either the required front and rear yard, but not both, provided the depth of projection into the required yard does not exceed three feet and the area does not exceed three feet (3′) multiplied by one-half (½) of the buildable width of the lot, and a minimum two-foot (2′) clearance to the property line is maintained.

a.

Exceptions for RM and RH Districts. Balcony projections are allowed in both the required front and rear yard for each dwelling unit to provide private open space. The aggregate area of all balcony projections for the entire lot within required yards shall not exceed three (3) times one-half (½) of the buildable width of the lot if all balcony projections are located in either the front or rear yard, and three (3) times two-thirds (⅔) the buildable width of the lot if balconies are located in both the front and rear yards.

6.

The aggregate length of all bay window, balcony, chimney, and stair projections into a required yard on a single building level, measured at the setback line, shall not exceed two-thirds (2/3) of the buildable width of the lot.

a.

Exception for Area Districts I and II. Balcony projections within eight feet (8′) of local grade shall not be included in the aggregate length applicable to a single level.

==> picture [265 x 359] intentionally omitted <==

BAY WINDOWS, BALCONIES, AND GREEN ROOFS/DECKS

G.

Chimneys. A maximum of two (2) chimney projections into required yards is allowed. One (1) chimney may project one foot (1′) into one (1) interior side yard starting at a point eight feet (8′) above finished grade,

providing that at least two feet (2′) is maintained as a clear area between the chimney and the property line. Chimney projections into required street side yards are prohibited. In addition, one (1) chimney may project one foot (1′) into one (1) of the following yards: front, rear or building separation, and shall not be required to maintain a vertical clearance from finished grade. Chimneys shall be subject to, and a component of, the aggregate length limitations for all vertical projections as stated within subsection (A)(2) of this section.

Exception. Existing legal nonconforming chimneys may remain nonconforming with respect to yard projection without regard to value of alteration of the structure to which it is attached.

H.

(Reserved).

I.

Chimneys Within Additional Front Setback Area. One (1) chimney may occupy any portion of the additional front setback area established by Section 10.12.030(T). Any portion of the chimney over fourteen feet (14′) in height, as measured from local grade, located within the additional front setback area may not exceed a dimension of three feet (3′) by five feet (5′).

J.

Stormwater and Greywater Retention/Detention Features. Stormwater runoff and greywater retention/detention features may be located in required side, rear, or building separation yards as follows:

1.

Retention/detention features installed entirely below local grade.

2.

Above grade retention/detention features may project a maximum of twelve inches (12″) into required side, rear, or building separation yards provided a five foot (5′) clearance from the property line is maintained.

3.

Other retention/detention feature locations may be approved at the discretion of the Community Development Director.

Exception. Stormwater and greywater retention/detention equipment may be located within five feet (5′) of a property line provided it complies with the locational criteria of Section 10.52.040(D), and is located within a structure having a solid roof, solid walls, and, with no openings within five feet (5′) of said property lines.

K.

Alternative-fuel Vehicle Charging Systems. Alternative-fuel vehicle charging systems may project two feet (2′) into one (1) interior side yard starting at a point eight feet (8′) above finished grade, providing that at least two feet (2′) is maintained as a clear area between all recharging system equipment and the property line, or as determined by the Director of Community Development. Projections into required street side yards are prohibited.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; Ord. No. 1861, Amended, 12/03/92; Ord. No. 1891, Amended, 01/06/94; Ord. No. 1897, Amended, 03/03/94; Ord. No. 1919, Amended, 11/17/94; § 3, Ord. 1992, eff. February 18, 1999; § 2, Ord. 2032, eff. May 16, 2002; § 2, Ord. 2050, eff. January 1, 2004; § 14, Ord. 2111, eff. March 19, 2008, and § 9, Ord. 2146, eff. August 4, 2011)

This section establishes regulations for determining compliance with the maximum building height limits prescribed for each zoning district and area district or as modified by an overlay district. The procedure involves a two (2) step process: first the reference elevation, defined as the average of the elevation at the four (4) corners on the lot, is determined and then a second limit is imposed to ensure that no building exceeds the maximum allowable height above existing grade or finished grade, whichever is lower, by more than twenty percent (20%).

A.

Height shall be measured from a horizontal plane established by determining the average elevation of existing grade at all four (4) corners of the lot. In situations where the elevation of existing grade at a lot corner is not clearly representative of a site' topography (because, for example, of the existence of such structures as retaining walls, property-line walls, or planters) the Community Development Director shall select an elevation that minimizes, to the extent reasonably possible, adverse impacts on adjacent properties and encourages some degree of consistency in the maximum building height limits of adjacent properties. Such interpretations may be appealed pursuant to the provisions of Chapter 10.100.

B.

No portion of a building shall exceed the maximum allowable height for the zoning district and area district in which the building site is located by more than twenty percent (20%). For purpose of this requirement, height shall be measured from the existing grade or finished ground level grade, whichever is lower.

C.

To determine compliance with this section, the Community Development Director may require applicants to submit a topographic survey of the project site, and, if necessary, portions of adjacent sites, prepared by a licensed surveyor or licensed civil engineer, depicting existing contours and the contours of finished grade, if different from existing grade, at elevation change intervals no greater than five feet (5′). Survey measurements also shall indicate the elevations of adjacent curbs and street pavements where no curb exists.

Exceptions:

1.

The Community Development Director may approve measuring height from finished grade elevation within five feet (5′) of front or street side property lines for alterations and additions to preexisting structures which have height nonconformities under the procedures for granting minor exceptions established in Section 10.84.120.

2.

The Community Development Director may administratively approve measuring height from local grade adjacent to an existing or planned building that is adjacent to a street where substantial grading occurred which lowered the street, which, in turn, affected the elevation of the street property line. The intent of this exception is to accommodate situations which exist, such as, on portions of Ardmore Avenue.

D.

The procedure and standards established by this section shall not be amended, whether by change in regulation, by addition of exceptions or by other means, so as to increase the elevation above sea level of the highest point of any building on a given lot beyond the elevation permissible under existing law, unless the amendment is first submitted to a City-wide election and is approved by a majority of the voters. The term "existing law" as used in this subsection includes the outcome of the March 1997 referendum on Ordinance 1933 ("Measurement of Height") and any future amendments to the municipal code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

Vent pipes and radio and television antennas may exceed the maximum permitted height in the district in which the site is located by no more than ten feet (10′). Chimneys may exceed the maximum permitted height by no more than five feet (5′), provided the length and the width of the chimney portion exceeding the height limit shall not exceed three feet (3′) in width and five feet (5′) in length. Solar energy systems may exceed the maximum permitted height by no more than twelve inches (12″) as needed to meet Solar Rights Act efficiency standards. The Director of Community Development may make exemptions where fire-life safety and access issues are mitigated (See Solar energy systems—Section 9.36.080).

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94: § 7, Ord. 2075, eff. July 7, 2005, and § 9, Ord. 2146, eff. August 4, 2011)

10.60.070 - Landscaping, irrigation, and hydroseeding.

A.

General Requirement. For new projects, projects over fifty percent (50%) in building valuation, or as required by the current California Model Water Efficient Landscape Ordinance, planting and hardscape areas, including all landscaping, patios, decks, and walkways (excluding driveways and building footprints), shall be installed in accordance with the standards and requirements of this section.

1.

Landscape plans shall be prepared by a landscape designer, a licensed landscape architect, or other qualified person, and submitted to the Community Development Department for approval prior to issuance of a building permit, and no significant or substantive changes to approved landscaping or irrigation plans shall be made without prior written approval by the Community Development Director and the landscape

designer. Substantial changes shall require approval of the Planning Commission, if this body granted approval of the original project.

2.

Evidence of completion of required landscaping and irrigation improvements shall be supplied to the Community Development Department and shall be required to be submitted prior to issuance of an occupancy permit for new construction unless an extension of up to one (1) year has been granted by the Community Development Director. For projects consisting primarily of additions to or remodeling of existing buildings for which landscaping is required, a deferred completion agreement may be executed prior to issuance of the building permit. The agreement shall guarantee installation of the landscape and any irrigation improvements within one (1) year or prior to occupancy, whichever occurs first.

3.

High water use plants, as defined by Water Use Classification of Landscape Species (WUCOLS) publication may be installed as follows:

a.

For parcels seven thousand five hundred (7,500) square feet or less, either:

(i)

Where potable water is used for irrigation, a maximum of twenty percent (20%) of the total planting and hardscape areas (defined above) on private property, parkways, and encroachment areas may be plants of high water use per Region 3 of WUCOLS. High water use plants shall be grouped together. Turf grass watered with a subterranean drip irrigation system, or turf grass that is not high water use, as determined by the Director of Community Development based on documentation submitted by the applicant, shall not be considered high water use plants. When calculating lot sizes, any lot dimensions with fractions shall be rounded down to the nearest whole number prior to calculating the lot size. Area calculations shall be included in Landscape plans, or;

(ii)

Submission of design plans and calculations per Region 3 of WUCOLS standards prepared by a qualified professional as defined in Section 10.60.070(A)(1).

b.

For parcels seven thousand five hundred (7,500) square feet or greater:

(i)

Submittal of design and calculations Region 3 of WUCOLS standards prepared by a qualified professional as defined in Section 10.60.070(A)(1).

Exceptions:

Sites entirely irrigated by non-potable water.

2.

Landscapes using low or medium water use plants as defined by Water Use Classification of Landscape Species (WUCOLS) publication.

3.

Projects with no exterior site work, landscaping, hardscaping, or similar improvements.

4.

Administrative exception for special circumstances or undue hardship as determined by the Director of Community Development.

B.

Standards.

1.

Required planting areas shall be permanently maintained. As used in this section, "maintained" includes: watering, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

2.

Landscape materials shall not be located such that, at maturity:

a.

They interfere with safe sight distances for vehicular, bicycle or pedestrian traffic;

b.

They conflict with overhead utility lines, overhead lights, or walkway lights; or

c.

They block pedestrian or bicycle ways.

C.

Materials. Landscape plans shall demonstrate a recognizable pattern or theme for the overall development by choice and location of materials. To accomplish this, landscape plans shall conform to the following:

1.

Plant materials shall be selected for: energy efficiency and drought tolerance; adaptability and relationship to Manhattan Beach environment; color, form and pattern; ability to provide shade; soil retention, fire

resistiveness, etc. The overall landscape plan shall be integrated with all elements of the project, such as buildings, parking lots and streets, to achieve desirable microclimate and minimize energy demand.

2.

Plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than a fifteen (15) gallon container for trees, five (5) gallon container for specimen shrubs, and a one (1) gallon container for mass planting. The Community Development Director may approve smaller or require larger containers to achieve specific effects.

3.

The use of crushed rock or gravel for large area coverage shall be avoided (except for walks and equestrian paths).

4.

Non-turf areas, such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative.

5.

Where shrubs or low-level vegetation are used, vegetative matter at maturity shall cover at least seventyfive percent (75%) of actual planted area.

6.

The use of landscape materials shall be designed to minimize sun exposure of paved surfaces and structures.

D.

Design Standards.

1.

Parking lots shall have perimeter landscaping areas as prescribed by the following schedule and, in addition, shall have five percent (5%) of the parking lot area, excluding the perimeter planting strips, devoted to interior landscaping areas distributed throughout the parking lot.

Width of Perimeter Planting Strip (ft.)

(*) Parking lot dimension shall be measured as the distance, perpendicular to the property line, of parking and driveway area (including landscaping and miscellaneous areas contained therein) between the property line and either a building or the site's opposite boundary.

2.

Any portion of a parking structure which extends more than thirty inches (30″) above the adjacent finished grade in a C or I district adjoining a street shall have a ten-foot (10′) planting area yard adjoining the street property line.

3.

Where landscaped areas are provided, they shall be a minimum of two feet (2′) in width.

4.

The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or other means.

5.

A minimum of one (1) tree for every six (6) spaces shall be distributed throughout the parking lot.

6.

Landscaping shall be provided in planters at the edges of the upper levels of parking structures where these structures are visible from public streets, pedestrian pathways, or adjacent buildings.

7.

IP District. The Community Development Director may modify the design standards in this section provided that at least ten percent (10%) of the lot area is landscaped.

E.

Irrigation Plans. Irrigation plans shall be submitted with development plans and shall contain all construction details for an automatic system including, but not limited to, the following:

1.

Location, type and size of lines;

2.

Location, type and gallonage output of heads;

3.

Location and sizes of valves;

Location and type of controller;

5.

Location and type of backflow prevention device (as per Health Code);

6.

Available water pressure and water meter outlet size; and

7.

Irrigation application schedule and flow rates.

F.

Hydroseeding. Plans indicating location and type of hydroseeding shall be submitted with development plans when such planting is to be utilized for permanent landscape treatment or for natural area restoration. Hydroseeding plans shall contain installation specifications including, but not limited, to:

1.

Seed mix and application rate. A native seed mix containing a minimum of ten percent (10%) shrub and perennial seeds shall be utilized in areas where permanent landscape restoration is required. Species selected shall include plant materials native to the area.

2.

Fertilizer, mulch materials, soil preparation and watering specifications.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94, and § 9, Ord. 2146, eff. August 4, 2011)

The purpose of this section is to permit and regulate commercial outdoor displays of merchandise on private property and materials in order to encourage visual interest along commercial streets and support the business community while minimizing adverse aesthetic impacts to the public and nearby residential uses.

A.

What is Permitted. Outdoor facilities activities may include:

1.

Outdoor display of merchandise (except bulk inventory), materials (including chairs and benches for customer waiting) and equipment including items for customer pick-up, on the site of and operated by a legally established business.

Outdoor food and beverage service and outdoor dining on the site of and operated by a legally established business and accessory to an eating and drinking establishment or food and beverage sales business with incidental seating area, as defined in Section 10.08.050. Outdoor food and beverage service and dining on public property is not regulated by this section and requires an encroachment permit pursuant to Chapter 7.36 of this Code.

B.

Where Permitted. Outdoor facilities authorized by this section are permitted for all legally established commercial and industrial uses. Notwithstanding the aforementioned, outdoor facilities are prohibited in all residential districts.

C.

Performance Standards. Outdoor facilities are subject to the following:

1.

Outdoor display of merchandise or materials shall not occupy public property, and may not occupy more than fifty percent (50%) of the total "tenant frontage" of a building as defined in Section 10.72.030 of this title.

2.

Yards, screening, or planting areas may be required to prevent adverse impacts on surrounding properties. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall, if required.

3.

There shall be no outdoor preparation of food or beverages associated with outdoor dining where food is consumed at tables.

D.

Exceptions. Notwithstanding the provisions of subsections A, B, and C of this section, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:

1.

Nurseries, provided outdoor display is limited to plants and related materials only.

2.

Vehicle/equipment sales and rentals, provided outdoor display shall be limited to vehicles, boats, or equipment offered for sale or rent only.

E.

Application. The owner of a business shall submit a written request with application fee, for an outdoor facilities permit (which may consist of a letter) to the Community Development Director. The request shall include a full description of the display activity, including but not necessarily limited to: types of items to be displayed, location on the site, and hours during which items are to be placed outdoors. The Community Development director shall review the application for compliance with performance standards contained in this section and may impose conditions to avoid adverse impacts such as but not limited to public safety impediments, visual clutter, and disorderly displays.

F.

Grounds for Denial—Revocation. If adverse impacts cannot be prevented, the Community Development Director shall deny the outdoor facilities permit application. If a business fails to comply with the terms and conditions of an approved outdoor facility permit the Community Development Director may revoke the permit.

G.

Duration and Renewal. Upon approval, an outdoor facilities permit shall be valid for a period of one (1) year or until March 1st. Outdoor facilities permits may be renewed annually, upon finding by the Community Development Director that the business has complied with all imposed terms and conditions, and that no adverse impacts or nuisance conditions have resulted.

H.

Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission in accordance with Chapter 10.100 of this Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 3, Ord. 2007, eff. November 18, 1999)

A.

General Requirement. Except as provided in subsection (B) of this section, all exterior mechanical equipment, except solar collectors and operating mechanical equipment in an IP district located more than one hundred feet (100′) from a C, R, PS, PD, or OS district boundary, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the Community Development Director, if necessary to protect views from an R district.

1.

Existing Equipment. All existing, exposed roof-mounted equipment shall be screened pursuant to the above criteria within three (3) years from the effective date of the ordinance codified in this chapter and/or in conjunction with any remodel effort in excess of five thousand dollars ($5,000.00); tenant improvements that exceed fifty percent (50%) of the tenant space; or upon approval of any discretionary actions.

B.

Utility Meters. Utility meters shall be screened from view from public rights of way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front or street side yard shall be enclosed in subsurface vaults.

C.

Screening Specifications. Screening materials may have evenly distributed openings or perforations averaging fifty percent (50%) of the surface area and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A refuse storage area screened on all sides by a six-foot (6′) solid wood or masonry wall, or located within a building, shall be provided prior to occupancy for all multifamily residential, commercial, industrial, and public/semipublic uses. Locations, horizontal dimensions, and general design parameter of refuse storage areas shall be as prescribed by the Community Development Director, subject to appeal to the Planning

Commission. The Community Development Director may waive the screening requirement for dumpsters and equipment for refuse collection and storage in the IP district which are not visible from a public street.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

All existing and new electrical, telephone, CATV and similar distribution lines providing direct service to a development site shall be installed underground within the site per the standards established within Title 9 of this Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

The following performance standards shall apply to all use classifications in all zoning districts:

A.

Noise. All uses and activities shall comply with the provisions of the Manhattan Beach Noise Regulations (Chapter 5.48 of this Code).

B.

Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.

C.

Dust and Odors. No use, process, or activity shall produce objectionable dust or odors that are perceptible without instruments by a reasonable person at the property lines of a site.

D.

Glare.

1.

From Glass. Mirror or highly reflective glass shall not cover more than twenty percent (20%) of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Community Development Director that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles.

2.

From Outdoor Lighting. Parking lot lighting shall comply with Chapter 10.64. Security lighting in any district may be indirect or diffused, or shall be shielded or directed away from an R district within two hundred feet (200′). Lighting for outdoor court or field games within three hundred feet (300′) of an R district shall be subject to review and approval of the Community Development Director.

E.

Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Manhattan Beach Fire Prevention Code (Chapter 3.16 of this Code) and any other applicable laws.

F.

Radioactive Materials. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Code of Regulations, Title 17), the Manhattan Beach Fire Prevention Code (Chapter 3.16 of this Code), and any other applicable laws.

G.

Hazardous and Extremely Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Code of Regulations, Title 22, Division 4), and Manhattan Beach Ordinance No. 1751 (Chapter 3.28 of this Code).

H.

Heat and Humidity. Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause material distress, discomfort, or injury to a reasonable person.

I.

Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated.

J.

Evidence of Compliance. The Community Development Director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a building permit.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.60.130 - Repealed.

Repealed by § 2, Ord. 2075, eff. July 7, 2005

10.60.140 - Sustainable development.

A.

Solar-Assisted Water Heating. To promote energy conservation, installation of plumbing for future solarassisted water heating systems shall be required in all new residential and commercial construction and in major alterations and additions to residential and commercial structures when the total estimated cost of the enlargement or alteration exceeds fifty percent (50%) of the total estimated cost of reconstructing the structure.

B.

Stormwater Retention/Treatment. For additional Municipal National Pollutant Discharge Elimination System (NPDES) or current municipal stormwater permit requirements, see Chapter 5.84.

C.

Green Roofs and Decks.

1.

A green roof or deck may be located only where decks and balconies are allowed.

2.

All planting materials on green roofs and decks may not exceed the maximum allowed height of structure permitted by the development standards of the base district.

Exception. Green roofs that are used solely as a roof and designed in a manner that prohibits usability as a deck may be approved administratively by the Director of Community Development if safety, maintenance, slope, and access issues are mitigated (See "Roof, Green or Deck" definition).

D.

Solar Energy Systems. Solar energy systems may exceed the maximum permitted height by no more than twelve inches (12″) as needed to meet Solar Rights Act efficiency standards. The Director of Community Development may make exemptions where fire-life safety and access issues are mitigated (See Solar energy systems—Section 9.36.080).

E.

Small Wind Energy Systems (Turbines). Small Wind Energy Systems (SWES) are permitted in all districts subject to the following standards and procedures:

1.

Development Standards. The following minimum requirements and standards shall apply to SWES:

a.

System Type and Location.

(i)

The SWES shall comply with the definition of small wind energy system in Section 10.04.030.

(ii)

Where feasible, ancillary SWES equipment shall be located inside a building or screened from public view in a manner compatible with the site.

b.

The SWES shall not exceed the height of the existing or proposed structure on which it is located, exceed the maximum height limit, or exceed twelve feet (12′) in height if not located on a structure, whichever is lower.

c.

Setbacks and Clearances.

(i)

The SWES shall comply with the setbacks applicable to the zone in which the SWES is located, provided that a greater setback may be required to reduce impacts to adjacent parcels.

(ii)

No portion of a blade when fully operational shall extend within ten feet (10′) of finished grade or a property line, unless the Director of Community Development finds that a reduced clearance will not adversely affect any person, property or improvement in the vicinity, or conflict with the zone in which the property is located.

(iii)

A minimum clearance of ten feet (10′) shall be maintained between any tower or blade and any structure, tree, utility line, or similar object, unless the Director of Community Development finds that a reduced clearance will not adversely affect any person, property or improvement in the vicinity.

(iv)

The SWES shall not inhibit or interfere with emergency vehicle or structure access, fire escapes, exits, standpipes, or other Fire Department requirements as determined by the Fire Department.

(v)

Every SWES shall be designed so that no ladder or other means of climbing a tower is located within twelve feet (12′) of the finished grade or accessible space.

(vi)

Guy wires or other rough appurtenances shall not be visible unless deemed to be appropriate and necessary by the Director of Community Development.

(vii)

The SWES shall be equipped with manual and automatic over-speed protection controls so that blade rotation speed does not exceed the system's design limits.

(viii)

An on-grid SWES shall be designed to automatically turn off when on-grid connection is lost or the batteries are fully charged.

(ix)

All on-grid SWES shall be approved by the applicable utility prior to installation.

(x)

Electrical poles, wires and other items required to convey power generated by a SWES to the public utility grid shall be installed underground.

(xi)

The SWES shall comply with the requirements of Section 5.48—Noise Regulations, except during shortterm events such as utility outages and severe wind storms.

(xii)

The SWES shall not bear any signs or advertising devices other than certifications, public safety warnings, or other seals or signage required by law.

(xiii)

No lighting shall be placed upon, attached to, or in any way illuminate a SWES.

d.

Maintenance and Removal.

(i)

The SWES shall at all times be operated and maintained in accordance with manufacturer's requirements, the requirements of this section, and all applicable laws. In no case shall the condition or operation of the SWES pose noise, safety, or other adverse effects to the site, or persons, improvements or properties in the vicinity.

(ii)

The Community Development Director may require the SWES to be removed from the property if the Director determines that the SWES has been inoperable, or has ceased to operate, for twelve (12) consecutive months or more.

2.

Submittal Requirements—All SWES Applications. Applications for all SWES shall be initiated by submitting the following materials to the Community Development Department.

a.

A completed master application form, signed by the property owner or authorized agent, accompanied by the required fees, plans and mapping documentation in the form prescribed by the Community Development Director.

b.

Written statements to support the standards, required findings and, criteria of this Code section.

c.

A vicinity map showing the location and street address of the development site.

d.

A map showing the location and street address of the property that is the subject of the application and of all lots of record within five hundred feet (500′) of the boundaries of the property; and

e.

A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor, Tax Collector, or the City's contractor for such records showing the names and addresses of the owner of record of each lot within five hundred feet (500′) of the boundaries of the property. This list shall be keyed to the map required by subsection (d) of this subsection and shall be accompanied by mailing labels.

3.

Notice to Property Owners. After receipt of a completed application, the Community Development Director shall provide notice to surrounding property owners as provided in subsection 2 of this section. Said notice shall include: a project description, information regarding where and when project plans can be viewed, a request for comments regarding said exception, and a commenting deadline date. No public hearing shall be required.

Director's Review and Action.

a.

Notice of Decision. After the commenting deadline date, and within thirty (30) days of receipt of a completed application, the Director of Community Development shall approve, conditionally approve, or deny the application. The Director shall send the applicant a letter stating the reasons for the decision under the authority for granting or denying the SWES, as provided by the applicable sections of this chapter. The letter also shall state that the Director's decision is appealable under the provisions of subsection 6 of this section.

b.

Request for Planning Commission Action. At the Community Development Director's discretion, review and action may be deferred to the Planning Commission.

c.

Findings. In making a determination, the Community Development Director or Planning Commission shall be required to make the following findings:

(i)

There will be no significant detrimental impact to surrounding neighbors, including, but not limited to light, air, noise, and views.

(ii)

That the proposed project is consistent with the City's General Plan, the purposes of this title and the zoning district where the project is located, the Local Coastal Program, if applicable, and with any other current applicable policy guidelines.

(iii)

The installation of the SWES is primarily to reduce on-site consumption of electricity.

(iv)

The proposed SWES will not produce or result in noise levels exceeding the requirements of Section 5.48— Noise Regulations.

5.

Conditions of Approval. In approving a SWES application, the Director or Planning Commission may impose reasonable conditions necessary to:

a.

Achieve the general purposes of this chapter and the specific purpose of the zoning district in which the SWES will be located, or to be consistent with the General Plan;

b.

Protect the public health, safety, and general welfare.

6.

Effective Date—Appeals. Unless appealed in accordance with Chapter 10.100 of the Manhattan Beach Municipal Code, a decision shall become effective after expiration of the time limits for appeal set forth in Section 10.100.030 Manhattan Beach Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Amended § 93, Ord. 2146, eff. August 4, 2011)

10.60.150 - Traffic vision clearance on corner lots.

All corner lots shall be subject to certain yard requirements as detailed in Chapter 3.40 (et seq.) of this Code to provide for vision clearance by the elimination of traffic sight obstructions. Said requirements shall not apply to properties located in area districts III and IV.

(Ord. No. 1891, Enacted, 01/06/94)

10.60.160 - Repealed.

Editor's note— Ord. No. 17-0024, § 5, adopted November 7, 2017, repealed § 10.60.160. Former § 10.60.160 pertained to medical marijuana dispensaries and derived from § 2, Ord. 2114, eff. June 20, 2008 and § 1, Ord. 16-0036, eff. February 19, 2016.

Chapter 10.64 - OFF-STREET PARKING AND LOADING REGULATIONS

10.64.010 - Specific purposes.

In addition to the general purposes listed in Chapter 10.01, the specific purposes of the off-street parking and loading regulations are to:

A.

Ensure that off-street parking and loading facilities are provided for new land uses, and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use.

B.

Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites.

C.

Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

When Required. At the time of initial occupancy of a site, construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord with the regulations prescribed in this chapter. For the purposes of these requirements, "major alteration or enlargement" shall mean an alteration or enlargement which exceeds 50% of the reconstruction value of the existing structure(s) as specified in Section 10.68.030 E.

B.

Nonconforming Parking or Loading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this chapter, provided that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by the provisions of this chapter.

C.

Spaces Required for Change of Use and Minor Alteration or Enlargement. The number of parking spaces and loading spaces required for an alteration or enlargement not classified as "major," pursuant to subsection (A) above, of an existing use or structure, or for a change of use, shall be in addition to the number of spaces existing prior to the alteration, enlargement, or change of use unless the pre-existing number is greater than the number prescribed in this chapter. In this case, the number of spaces in excess of the prescribed minimum shall be counted in determining the required number of spaces. A change in occupancy that does not involve a change in the use classification is not considered a change in use for purposes of this requirement unless the change in occupancy involves an intensification of use or an increase in parking demand.

D.

Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. This requirement applies not only to multiple uses under separate ownership but also to multiple uses in the same ownership. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required by Schedule B of Section 10.64.030, but the aggregate gross floor area of all uses is greater than the minimum for which loading berths would be required, the aggregate gross floor area shall be used in determining the required number of loading berths.

E.

Joint Use. Off-street parking and loading facilities required by this chapter for any use shall not be considered as providing parking spaces or loading spaces for any other use except where the provisions of

Section 10.64.040: Collective provision of parking apply or a joint facility exists. Such a facility shall contain not less than the total number of spaces as determined individually, subject to the provisions of subsection (F) below, or fewer spaces may be permitted where adjoining uses on the same site have different hours of operation and the same parking spaces or loading spaces can serve both without conflict. A determination of the extent, if any, to which differing hours of operation will achieve the purposes of this chapter shall be made by the Community Development Director, who may require submission of information necessary to reach a decision.

F.

Location and Ownership.

1.

On-site/Off-site Parking. Parking required to serve a residential use shall be on the same site as the use served, except that subject to approval of the Community Development Director, parking for group residential and residential care may be located on a different site under the same or different ownership within one hundred fifty feet (150′) of the use served, measured from the parking facility to the public entrance of the use served via the shortest pedestrian route. Parking required to serve a nonresidential use

may be on the same or a different site under the same or different ownership as the use served, provided that parking shall be within the following distances of the use served, measured from the near corner of the parking facility to the public entrance of the use served via the shortest pedestrian route:

Customer/visitor spaces: 200 ft. Employee spaces: 400 ft.

Exception: Parking spaces located within the CD district may serve as required parking for a nonresidential use located within the same district at a maximum distance of one thousand feet (1,000′).

2.

Parking in Yards in R Districts. Required yards and open space shall not be used for parking except as follows:

a.

All Area Districts. Up to twenty feet (20′) of the width of the access drive to the garage may be used for non-required unenclosed parking.

b.

Area Districts III and IV. One interior side yard may be used for unenclosed parking.

c.

All Area Districts. Within an enclosed accessory building as permitted by Section 10.52.050.

Parking in Yards in C or I Districts. Required yards may be used for required parking, subject to the landscaping standards of Section 10.60.070 and screening requirements of Section 10.64.160.

4.

Alley Access. When a street-alley lot in area districts I and II adjoins an improved alley, then access to parking shall be provided from the alley.

5.

Parking in R Districts. Non-residential parking shall not be located in any R zoned property, except on the east side of Oak Avenue. Residential properties on the east side of Oak Avenue, when developed for commercial parking purposes used in conjunction with business fronting upon and having vehicular access to Sepulveda Boulevard, shall not utilize vehicular access to Oak Avenue between the hours of 10:00 p.m. to 6:00 a.m. daily.

G.

Life of Facility. Facilities for off-site parking shall be restricted to that use by a recorded deed, lease, or agreement for a minimum period of ten (10) years from the date a use permit requiring the parking or a certificate of occupancy is issued, provided that the Community Development Director may lift the restriction upon finding that substitute parking facilities meeting the requirements of this chapter are provided. No use shall be continued if the parking is removed unless substitute parking facilities are provided.

1.

Exception. The requirement for a recorded agreement and ten (10) year period of agreement may be waived for off-site required parking leased from City owned lots.

H.

Common Loading Facilities. The off-street loading facilities requirements of this chapter may be satisfied by the permanent allocation of the prescribed number of spaces for each use in a common truck loading facility, provided that the total number of spaces shall not be less than the sum of the individual requirements. As a requirement of approval, an attested copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with and subject to approval by the Community Development Department.

I.

Computation of Spaces Required. If, in the application of the requirements of this chapter, a fractional number is obtained, one (1) additional parking space or loading berth shall be required for a fraction of onehalf (½) or more, and no additional space or both shall be required for a fraction of less than one-half (½).

J.

Parking Surface. All parking areas, aisles and access drives shall be paved with a minimum of two inches (2″) of asphalt on four inches (4″) of compacted base or four inches (4″) of concrete in residential areas;

and 4 inches of concrete in commercial or industrial areas to provide a durable, dustless surface. Parking areas, aisles and access drives shall be graded and drained to dispose of surface water without damage to private or public properties, streets, or alleys. The Director of Public Works may approve alternate materials and specifications in lieu of these requirements.

K.

Availability of Required Parking Spaces. Required parking spaces shall be made permanently available and be permanently maintained for vehicular parking in connection with the associated use.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; Ord. 1963, June 5, 1997)

Off-street parking and loading spaces shall be provided in accord with the following schedules. For offstreet loading, references are to Schedule B which sets space requirements and standards for different groups of use classifications and sizes of buildings. References to spaces per square foot are to be computed on the basis of buildable floor area unless otherwise specified, and shall include allocations of shared restroom, halls and lobby area, but shall exclude area for vertical circulation, stairs or elevators. Where the use is undetermined, the Community Development Director shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Community Development Director may require the submission of survey data from the applicant or collected at the applicant's expense.

---

OFF-STREET PARKING AND LOADING SPACES REQUIRED

Vehicle/Equipment Sales and Services: (vehicle/equipment inventory, storage, and service areas shall not be used to satisfy parking requirements)

SCHEDULE B: LOADING SPACES REQUIRED

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1850, Amended, 04/02/92; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996; § 2, Ord. 1963, eff. July 5, 1997; § 5, Ord. 1977, eff. March 5, 1998; § 2, Ord. 2050, eff. January 1, 2004; § 15, Ord. 2111, eff. March 19, 2008 and § 8, Ord. 2155, eff. February 17, 2012; § 8, Ord. 17-0028, eff. January 20, 2018)

10.64.040 - Collective provision of parking.

Notwithstanding the provisions of Section 10.64.020(E), a use permit may be approved for collective provision of parking on a site of five thousand (5,000) square feet or more that serves more than one (1) use or site and is located in a district in which parking for the uses served is a permitted or conditional use. A use permit for collective off-street parking may reduce the total number of spaces required by this chapter if the following findings are made:

A.

The spaces to be provided will be available as long as the uses requiring the spaces are in operation; and

B.

The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided.

The maximum allowable reduction in the number of spaces to be provided shall not exceed fifteen percent (15%) of the sum of the number required for each use served.

An applicant for a use permit for collective parking may be required to submit survey data substantiating a request for reduced parking requirements. A use permit for collective parking shall describe the limits of any area subject to reduced parking requirements and the reduction applicable to each use.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.050 - Reduced parking for certain districts and uses.

A.

CD District. The following parking requirements shall apply to nonresidential uses:

1.

Building Sites equal to or less than 10,000 Sq. Ft. If the FAF is less than 1:1, no parking is required; if the FAF exceeds 1:1, only the excess floor area over the 1:1 ratio shall be considered in determining the required parking prescribed by Section 10.64.030.

2.

Building Sites greater than 10,000 Sq. Ft. The amount of required parking shall be determined by first excluding five thousand (5,000) square feet from the buildable floor area and then calculating the number of spaces prescribed by Section 10.64.030.

B.

A use permit may be approved reducing the number of spaces to less than the number specified in the schedules in Section 10.64.030, provided that the following findings are made:

1.

The parking demand will be less than the requirement in Schedule A or B; and

The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.

In reaching a decision, the Planning Commission shall consider survey data submitted by an applicant or collected at the applicant's request and expense.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Within designated parking districts established by the City Council and shown on the map on the following page, a parking requirement serving nonresidential uses on a site may be met by a cash in-lieu payment to the City prior to issuance of a building permit or a certificate of occupancy if no permit is required. The fee shall be to provide public off-street parking in the vicinity of the use. The City shall not be obligated to accept a fee for more than 20 spaces, and then only with the express approval of the City Council.

In establishing parking districts, the City may set limitations on the number of spaces or the maximum percentage of parking spaces required for which an in-lieu fee may be tendered.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

All parking facilities shall comply with the requirements of the California Code of Regulations (Title 24, Part 2, Chapter 2-71) and with the sign requirements of the California Vehicle Code, Section 22507.8.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.080 - Bicycle parking.

A.

Where Required. Bicycle parking spaces shall be provided as required by this section; the provisions of Section 10.64.020 shall apply.

B.

Number Required.

1.

Public and Semipublic Use Classifications: as specified by use permit.

2.

Commercial Use Classifications: Five percent of the requirement for automobile parking spaces, except for the following classifications, which are exempt:

a.

Ambulance Services;

b.

Animal Boarding;

c.

Animal Grooming;

d.

Catering Services;

e.

Commercial Filming;

f.

Horticulture, Limited;

g.

Funeral and Interment Services;

h.

Vehicle/Equipment Sales and Services (all classifications).

Industrial Use Classification. None.

==> picture [468 x 537] intentionally omitted <==

C.

Design Requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a user-provided six-foot (6′) cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.090 - Parking space dimensions.

Required parking spaces shall have the following minimum dimensions:

Exceptions:

1.

Existing legal nonconforming parking spaces may remain nonconforming with regards to width, depth, and vertical clearance for up to a maximum of one foot (1′) in each dimension, per space, without regard to value of site alteration. See Minor Exception, Chapter 10.84 for additional provisions for existing parking spaces and existing structures.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996, and § 16, Ord. 2111, eff. March 19, 2008)

10.64.100 - Application of dimensional requirements.

A.

In C and I districts, thirty percent (30%) of the required parking spaces may be for small cars. For office buildings where the offices are occupied by a single tenant, up to forty percent (40%) of the spaces may be for small cars. All small-car spaces shall be clearly labeled "Compact."

B.

Adjoining Obstructions.

1.

Each parking space adjoining a wall, column, or other obstruction higher than 0.5 feet shall be increased by one foot (1′) on each obstructed side, provided that such obstructions may adjoin the front five feet (5′) of a parking space without an increase in width.

Exceptions. Residential garages serving a maximum of three (3) dwelling units, or, residential sites with widths of thirty-two feet (32′) or less.

2.

At the end of a parking bay, an aisle providing access to a parking space perpendicular to the aisle shall extend two feet (2′) beyond the required width of the parking space.

==> picture [444 x 184] intentionally omitted <==

(B) PARKING SPACES ADJOINING AN OBSTRUCTION

(The diagram is illustrative)

C.

Vertical Clearance. Vertical clearance for parking spaces shall be an unobstructed headroom clearance of not less than seven feet (7′) above the finish floor to any ceiling, beam, pipe, vent, mechanical equipment or similar construction, except that automatic garage door opening equipment and the garage door entrance may be 6.67 feet. For storage (not including mechanical equipment) and vehicle recharging purposes for residential uses, non-structural improvements including wall-mounted shelves, storage surface racks, cabinets, or electricity based alternative-fuel vehicle charging systems may encroach into the vertical clearance, provided a minimum 4.5 feet vertical clearance is maintained above the finished floor of the garage within the front five feet (5′) of a parking space.

D.

Wheel Stops. In all districts, all spaces shall have wheel stops 2.5 feet from a fence, wall, or walkway. The wheel stops shall be no higher than six (6) inches as measured from the parking area finished surface.

1.

Exception. In R districts, installation of wheel stops shall not be required for parking spaces within garages serving a single unit.

E.

Garage Door Widths. Each enclosed parking space shall be provided with a minimum of nine foot (9′) wide, 6.67 foot high access opening, except that double-car garage door openings may be a minimum of sixteen feet (16′) wide.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1862, Amended, 12/17/92; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996; § 2, Ord. 2050, eff. January 1, 2004, and § 10, Ord. 2146, eff. August 4, 2011)

The following dimensions shall apply to drive aisles (which may include public right-of-way or recorded access easements) accessing and adjoining required parking spaces:

A.

Large-Car Spaces. Aisle widths adjoining large-car spaces shall be as follows:

Letters in parentheses ("A" and "B") refer to the diagram on the following page.

B.

Small-Car Spaces. Aisle widths adjoining small-car spaces having a base width of 7.5 feet, except where increased by an adjoining obstruction, shall be as follows:

("B")

Minimum Aisle Width for Specified Parking Angle

C.

Residential Spaces Accessed from Alleys. Aisle widths adjoining residential parking spaces that are directly accessed from alleys shall be a minimum of fifteen feet (15′) as measured from the centerline of said alley.

==> picture [432 x 159] intentionally omitted <==

PARKING REQUIREMENTS

(The diagram is illustrative.)

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, 10-3.1620; Ord. No. 1842, Amended, 08/15/91)

Where an applicant can demonstrate to the satisfaction of the Community Development Director that variations on the dimensions otherwise required by this chapter are justified, a specific parking area design may be approved under the following limitations:

A.

The area affected by the specific design shall only be for parking by persons employed on the site or loading. Visitor parking stalls shall meet the dimensions required.

B.

The surface area available for parking and loading shall not be less than would be required to accommodate the minimum required number of stalls for large and small cars.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

10.64.130 - Parking access from street.

A.

Access to parking spaces located on the following streets shall not require backing across a street property line:

Artesia Boulevard;

Aviation Boulevard;

Manhattan Beach Boulevard;

Rosecrans Avenue (between Laurel Avenue and Vista Drive only); and

Sepulveda Boulevard.

B.

An alley may be used as maneuvering space for access to off-street parking.

C.

All spaces in a parking facility shall be accessible without re-entering a public right-of-way unless it is physically impossible to provide for such access.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.140 - Driveway widths and clearances.

Driveways shall provide access to all off-street parking and loading spaces, and have the following minimum unobstructed paved widths:

An additional one foot (1′) of clearance shall be provided between a driveway and any vertical obstruction, except curbs that do not exceed 0.5 foot in height and non-obstructing plant material. The Community Development Director may permit the continuance of existing driveway widths that do not conform to paved width or clearance requirements shown above, where unusual grade or site conditions present an undue hardship.

The maximum width of a driveway on a site located in an R district in area districts I and II shall be twenty feet (20′), except that a driveway intersecting a corner-side property line may be a maximum of twentyseven feet (27′), as measured along street property lines.

The Community Development Director may require driveways in excess of the above widths where unusual traffic, grade or site conditions prevail. The Community Development Director also may require driveways

to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 3, Ord. 1962, eff. June 4, 1997)

Visibility of a driveway crossing a street property line shall not be blocked between a height of three feet (3′) and nine feet (9′) for a depth of five feet (5′) from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of fifteen feet (15′) or at the nearest property line intersecting the street property line, whichever is less.

Exceptions. Properties consisting of lots having vehicular access only across a side yard located in residential districts in area districts III and IV are exempted from this requirement.

==> picture [300 x 561] intentionally omitted <==

DRIVEWAY VISIBILITY

(The diagram is illustrative.)

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1865, Amended, 02/18/93)

10.64.160 - Parking area screening—Walls and fences.

A parking area for five (5) or more cars serving a nonresidential use shall be screened from an adjoining R district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall six feet (6′) in height, except that the height of a wall adjoining a required front yard in an R district shall be forty-two inches (42″). A carport or open parking area for five (5) or more cars serving a residential use shall be screened from an adjoining lot in an R district or a ground-floor residential use by a solid wall or fence six feet (6′) in height, except that the height of a wall or fence adjoining a required front yard in an R district shall be forty-two inches (42″).

Where the parking area abuts a street separating the area from property classified for residential use, an architectural screen wall or landscaped berm not less than forty-two inches (42″) in height above the parking surface shall be installed and maintained not less than three feet (3′) from the property line that separates the parking area from the street.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Lighting regulations are intended to ensure that adequate lighting is provided for personal and traffic safety while protecting nearby residential uses from undue glare.

B.

Each plan for the construction, renovation or replacement of an outside parking lot with lighting shall include an exterior photometric lighting plan prepared by an electrical engineer registered in the State of California, consisting of a point-by-point footcandle layout (based on a ten-foot (10′) grid center extending a minimum of twenty feet (20′) outside the property lines). The lighting plan shall be comprehensive and include all exit and security lighting on the property, and shall cover the entire parking lot, plus all loading and service areas.

C.

Standards. The plan shall be designed in compliance with the following:

1.

The maximum height of a light source located within twenty-five feet (25′) of a residentially zoned or developed parcel shall be no more than twelve feet (12′) and shall be no more than twenty feet (20′) in all other areas (measurement from adjoining ground level).

2.

The light fixtures shall possess sharp cut-off qualities at all property lines and shielding shall be provided as necessary.

The light fixtures and poles shall be properly maintained. Paint covering shall not be of a color or type that is highly reflective.

4.

There shall be no low pressure sodium light fixtures.

5.

The minimum illumination level shall be one (1) footcandle.

6.

The maximum intensity of illumination shall be computed based on a four to one (4:1) ratio (average-tominimum) throughout the parking lot, including loading and service areas.

7.

The maximum illumination level within the parking lot, including loading and service areas at any location shall be ten (10) footcandles. The maximum illumination level shall not exceed 0.5 footcandles in an R district.

8.

The Director of Community Development may approve lighting that employs a light source up to thirty feet (30′) in height, for sites with moderate to high public use, providing such installation meets all other standards in this section and conditions exist which ensure residential light nuisances will be avoided. Such conditions shall include, but not be limited to: buffering achieved by difference in ground elevation, the presence of dense mature vegetation or the orientation, location or height/massing of buildings relative to the nearest residential property.

9.

A use permit may be approved for lighting on commercial sites containing at least twenty-five thousand (25,000) square feet that have high intensity public use(s) with light sources that exceed thirty feet (30′) in height and produce light that exceeds the average-to-minimum of ten (10) footcandles if the findings in subsection (C)(8) of this section and the following additional findings are made:

a.

The maximum height is thirty-five feet (35′).

b.

Illumination levels do not exceed an average of five (5) footcandles and a maximum of eighteen (18) footcandles at any location on the entire parcel.

c.

The proposed light poles and fixtures are comparable in scale to the building(s) on the same site.

d.

The lighting facilities, including poles and fixtures, do not interfere with nor is their function affected by mature trees or landscaping.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 3, Ord. 2078, eff. November 4, 2005)

10.64.180 - Parking lot landscaping.

Parking lot landscaping shall be as prescribed by Section 10.60.070. All landscaped areas shall be surrounded by a masonry wall or curb not less than six inches (6″) in height.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.190 - Driveways and tandem parking for guests in R districts.

The following provisions shall apply to driveways and garages in R districts, whether they are accessory structures or part of a principal structure:

A.

Driveways. Driveways shall be paved and shall have widths and clearances prescribed by Section 10.64.140, subject to the visibility requirements of Section 10.64.150.

B.

Tandem Guest Spaces. Required guest spaces may be in tandem configuration provided that, except for lots on the Strand, none other than resident spaces of the same unit are blocked and that such a configuration would not result in undue traffic hazard.

1.

Exceptions. On the Strand, the Community Development Director may approve an alternative configuration for tandem spaces.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1850, Amended, 04/02/92; § 4, Ord. 1963, eff. June 5, 1997)

10.64.200 - Additional design standards for parking lots and structures.

Parking lots shall have paving, drainage, wheel stops, lighting, space marking, and directional signs, which shall be subject to approval of the Community Development Director.

Parking structures shall be designed to be compatible with the architectural character of adjacent building. Garage door openings shall be no more than twenty feet (20′) in width. Ventilation grills over four (4) square feet in area shall not be visible from a street.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.210 - Location and design of off-street loading spaces.

Required spaces shall be on the site of the use served or on an adjoining site. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Community Development Director. A required loading space shall be accessible without backing a truck across a street property line unless the Community Development Director determines that provision of turnaround space is infeasible and approves alternative access. An occupied loading space shall not prevent access to a required off-street parking space. A loading area shall not be located in a required yard that is visible from a public street.

A loading area visible from a street shall be screened on three (3) sides by a fence, wall, or hedge at least six feet (6′) in height.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.220 - Parking area plan required.

Prior to the construction or reconstruction of an off-street parking area, a parking area plan shall be submitted to the Community Development Director for the purpose of indicating compliance with the provisions of this chapter. This plan shall include:

A.

Location and description of fencing and architectural screen walls;

B.

Location and placement of parking stalls, including bumpers, striping and circulation, all dimensioned to permit comparison with approved parking standards;

C.

Location and placement of lights provided to illuminate the parking area;

D.

A drainage plan showing drainage to a public way in accordance with accepted standards or practices;

E.

A landscaping plan.

Single-family dwellings on pre-existing lots are exempt from this requirement.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.64.230 - Off-street parking and loading regulations for affordable housing developments.

When requested by the applicant, multi-family residential developments meeting the minimum requirements for a density bonus pursuant to Chapter 10.94 shall provide off-street parking according to the following formula:

The number of required parking shall be inclusive of guest parking. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

(§ 10, Ord. 13-0006, eff. August 1, 2013)

Chapter 10.68 - NONCONFORMING USES AND STRUCTURES

This chapter is intended to limit the number and extent of nonconforming uses by restricting their enlargement, prohibiting their re-establishment after abandonment, and their alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures by

regulating and limiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting (commercial structures only) their restoration after destruction.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996, and § 17, Ord. 2111, eff. March 19, 2008, § 17, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 180022, eff. Dec. 6, 2018)

10.68.020 - Continuation and maintenance.

A.

A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this title, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.

B.

A structure, lawfully occupying a site on the effective date of the ordinance codified in this title, or of amendments thereto, that does not conform with the standards for front yards, side yards, rear yards, height, or floor area of structures, driveways, or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.

C.

A use that does not conform with the parking, loading, planting area, private open space, or screening regulations of the zoning district and area district in which it is located shall not be deemed a nonconforming use solely because of these nonconformities.

D.

Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming; and on a nonconforming structure. Exterior nonconforming elements including, but not limited to: stairways, decks, balconies, green roofs or decks, chimneys, fences, and retaining walls may be replaced in their entirety, if, upon finding in a report prepared by a State of California licensed civil engineer, that, due to a deteriorated condition, such structures are unsafe, and routine repair is infeasible.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 01/05/91; § 2, Ord. 1951, eff. July 4, 1996, Amended, § 11, Ord. 2146, eff. August 4, 2011)

10.68.030 - Alterations and enlargements of nonconforming uses and structures.

A.

No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity.

Exceptions.

1.

Minor enlargement of a structure, the use of which is nonconforming with respect to a use permit approval, is permitted, provided said enlargement, accomplished cumulatively in one (1) or more projects, does not exceed ten percent (10%) of the total pre-existing buildable square feet occupied by said use that is legally established as of the effective date of the ordinance codified in this title.

2.

During the period that the dwelling unit replacement requirement of State Government Code Section 66300(d) is in effect, existing dwelling units occupying a site that do not conform with the current site area per dwelling unit regulations for the district in which the use is located may be altered by remodeling if the proposed work does not enlarge the structure.

B.

No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

Exceptions.

1.

Minor enlargement of a structure, the use of which is nonconforming with respect to a use permit approval, is permitted, provided said enlargement, accomplished cumulatively in one (1) or more projects, does not

exceed ten percent (10%) of the total pre-existing buildable square feet occupied by said use that is legally established as of the effective date of the ordinance codified in this title.

2.

During the period that the dwelling unit replacement requirement of State Government Code Section 66300(d) is in effect, existing dwelling units occupying a site that do not conform with site area per dwelling unit regulations for the district in which the use is located may be altered by remodeling if the proposed work does not enlarge the structure.

C.

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site which it did not occupy on January 1, 1991, or on the effective date of any amendment to this Chapter 10.68 that caused the use to become nonconforming, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

D.

No nonconforming structure shall be structurally altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, side yards, rear yards, height of structures, maximum allowable floor area, distances between structures, driveways, or open space prescribed in the regulations for the zoning district and area district in which the structure is located, except as provided for in Chapter 10.84, Minor Exception. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, maximum allowable floor area, distances between structures, driveways, or open space prescribed in the regulations for the zoning and area district in which the structure is located, except as provided for in Chapter 10.84, Minor Exception.

E.

If any structure on a site does not conform to the standards for front, side or rear yards, height of structures, distance between structures, driveways, or open space prescribed for the zoning district and area district where the structure is located, then no structure shall be enlarged or altered if the total estimated construction cost of the proposed enlargement or alteration, plus the total estimated construction costs of all other enlargements or alterations for which building permits were issued within the preceding sixty (60) month period (twelve (12) months in an IP district), exceeds fifty percent (50%) of the total estimated cost of reconstructing the entire nonconforming structure unless the proposed enlargement or alteration would render the structure conforming. Any enlargements or alterations shall conform to requirements in effect at the time of issuance of the building permit. For the purposes of this section, estimated construction and reconstruction costs shall be determined by the Community Development Director in the same manner as the Community Development Director determines final valuation for the purposes of building permit fees.

Exceptions.

Where a structure is nonconforming only by reason of one (1) substandard front or interior yard, provided that all nonconforming interior yards are not less than three feet (3′), the structure may be enlarged or altered, as defined in this title without regard to the estimated construction cost, provided that no portion of the structure which occupies a required yard is altered, unless the alteration results in the elimination of the non-conformity.

2.

Where a structure is nonconforming only by reason of a substandard street side yard or rear yard adjacent to a public street or alley, the structure may be enlarged or altered, as defined in this title, without regard to the estimated construction cost, provided that no portion of the structure which occupies a required yard is altered, unless the alteration results in the elimination of the non-conformity.

3.

Where a pre-existing, legally constructed building is nonconforming by reason of the method of measuring height prescribed by Section 10.60.050, an alteration or enlargement that conforms to all other regulations of this title shall be permitted without regard to the estimated construction cost.

4.

The provisions of this section shall not apply to projects for which an application for exemption under Ordinance No. 1787 (nonconforming exemptions) has been made, processed through the Planning Commission, and approved by the City Council.

5.

A chimney projection shall not be considered a nonconforming substandard yard, and therefore shall be allowed in addition to the one (1) non-conforming yard in subsection (E)(1) or (E)(2) of this section. See Section 10.60.040(G), Building projections into required yards or required open space—Chimneys, for standards.

6.

Where a minor exception has been approved in accordance with Chapter 10.84 of this Code.

F.

Nonconforming structures that would be enlarged or altered in any manner that serves to increase the degree of nonconformity shall not be permitted unless a variance or minor exception is obtained, as appropriate.

G.

The nonconforming use of a structure or site may be changed to another nonconforming use if after a duly noticed public hearing, the Planning Commission makes the findings required by Section 10.84.060(A) and issues a use permit.

H.

No use which fails to meet the performance standards of Section 10.60.120 shall be enlarged or extended, or shall have equipment that results in failure to meet required conditions replaced unless the enlargement, extension, or replacement will result in elimination of nonconformity with required conditions.

I.

Lots Without Vehicular Access. Residential buildings on lots with no vehicular access to public streets constitute nonconforming uses and may not be altered or enlarged except in accordance with the provisions of this section. Such buildings may be altered as follows:

1.

Interior improvement repairs consistent with all applicable building regulations.

2.

Additions of exterior architectural features such as a fireplace, chimney, balcony, green roof or deck, or bay window, subject to Section 10.60.040, Building projections in yards and required open space.

3.

Modification of a roof from flat to pitched or from pitched to flat, provided that the existing or proposed roof does not exceed a four (4) in twelve (12) pitch.

4.

Exterior modifications may include a minor increase in square footage (said increase calculated cumulatively), not to exceed ten percent (10%) of the original gross floor area.

5.

If there is a fire or casualty loss, the building may be replaced to the buildable square footage and height existing just before the fire or casualty loss and consistent with the requirements of the current building code.

6.

No alteration shall increase building height, except for a roof change referred to in subsection (D)(3) of this section.

7.

Should any exterior building elements or interior floor area be found to be in an extensively deteriorated condition, as documented in a report prepared by a licensed civil engineer, the Director of Community Development may allow said walls or areas to be entirely removed and replaced as long as the improvement is conforming with respect to required yards and otherwise meets the provisions of this section.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996; § 4, Ord. 1992, eff. February 18, 1999; § 2, Ord. 2068, eff.

February 4, 2005; § 18, Ord. 2111, eff. March 19, 2008, and § 11, Ord. 2146, eff. August 4, 2011; Ord. No. 21-0001, § 8, eff. Feb. 19, 2021)

A nonconforming use that is discontinued or changed to a conforming use for a continuous period of 180 days or more shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located, provided that this section shall not apply to nonconforming dwelling units except nonconforming accessory dwelling units, which are permitted. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use.

A.

Exception. The time necessary to complete review of a building application submitted within the 180 day period, and subsequent related construction activities shall not be counted towards the 180 days. However, time following the lapse of a building permit application or building permit shall be counted towards the 180 days.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996)

10.68.050 - Restoration of a damaged structure.

A.

Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, maximum floor area, distances between structures, driveways, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, or by the public enemy to the extent of fifty percent (50%) or less, the structure may be restored and the nonconforming use may be resumed, provided that a complete application for the necessary building permits for restoration is received by the Community Development Department within twelve (12) months of the destruction occurrence, and the project is diligently pursued to completion.

B.

Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, maximum floor area, distances between structures, driveways, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, or by the public enemy to an extent greater than fifty percent (50%), the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

Exceptions. Residential structures in R districts including nonconforming uses, and conforming residential uses in the CD, CL or CNE districts that do not conform to standards for setbacks, height of structures, distance between structures, maximum buildable floor area, open space, or lot area per unit, may be rebuilt

with the same floor area, upon issuance of building permits and/or use permits, if applicable, whatever the extent of the damage, provided there is no increase in any nonconformity.

C.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Community Development Director.

D.

Calculation of the extent of damage for restoration of a structurally damaged structure shall be consistent with the provisions of Section 10.68.030(E).

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996)

10.68.060 - New occupancy on a site having certain nonconforming site features.

An applicant for a building permit in a C district or the IP district for occupancy of a site or structure that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, required paving for driveways, or required planting areas, shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five (5) years. The Community Development Director may require that priority be given to elimination of nonconformities that have significant adverse impacts on surrounding properties and shall not require a commitment to remove nonconformities that have minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.68.070 - Elimination of nonconforming uses and structures.

A.

Nonconforming Fences or Walls. The Community Development Director shall require that a nonconforming fence or wall be removed or altered to conform to the standards of this chapter within one (1) year of adoption of the ordinance codified in this title, or one (1) year from the date such fence or wall becomes nonconforming, whichever date is later upon finding that the nonconforming fence or wall does not adequately serve the purposes for which it is intended or does not meet the driveway visibility standards of Section 10.64.150.

B.

Nonconforming Use when No Structure Involved. In any district the nonconforming use of land shall be discontinued within one (1) year from the effective date of the ordinance codified in this title or one (1) year from the date such use becomes nonconforming, whichever date is later.

Exceptions. Pre-existing parking lots in R districts that serve adjacent commercial use shall not be considered nonconforming.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996)

Chapter 10.72 - SIGN CODE*

The purpose of signs is to provide business identification. The location, height, size, and illumination of signs are regulated in order to maintain the attractiveness and orderliness of the City's appearance; to protect business sites from loss of prominence resulting from excessive signs, particularly pole signs, on nearby sites; to protect the public safety and welfare.

(§ 2, Ord. 1951, eff. July 4, 1996)

10.72.020 - General provisions.

A.

Permits are required for all temporary and permanent signs except for those specified as exempt herein.

B.

The maximum area of any single sign face, comprised of one (1) or multiple face panels, shall be one hundred fifty (150) square feet.

C.

All sign illumination shall be internal or by lighting shielded from direct off-site view, and no sign shall have blinking or flashing lights or any other illuminating device which has a changing light intensity, brightness or color.

D.

No sign shall move, have visible moving parts, or simulate movement by means of fluttering, spinning, or reflective devices.

E.

The copy of all signs shall be permanently fixed in place in conformance with their corresponding sign permits unless an exception for changeable copy is provided pursuant to the regulations of this chapter.

F.

Portable signs are prohibited, except as permitted or exempted in this chapter.

G.

All signs shall be structurally safe, shall be of rust resistant material, and shall be maintained in good condition, subject to the approval of the Community Development Department. The visibly, exposed surfaces of all signs shall be of a decorative finish. Rough supporting members, electrical appurtenances, or equipment shall not be visible.

H.

Abandoned signs shall be removed by the property owner within thirty (30) days of the City's determination that a sign is abandoned.

I.

All sign permits issued for any multiple tenant site shall be in conformance with an approved site sign program.

(§ 2, Ord. 1951, eff. July 4, 1996)

"Abandoned sign" means any sign or structure which: identifies a use which has not occupied the site on which it is located for a period of ninety (90) days, does not clearly identify any land use for a period of ninety (90) days, or has keen in a state of disrepair or poor condition for a period of thirty (30) days.

"Area of sign" shall be determined by the outer edge of the frame of the sign. Each face of a multiple-faced sign shall be counted as part of the sign area. In cases where individual letters, words or other sign display are attached to a building, the sign area shall be determined by not more than by two (2) rectangles, of at least six-inch (6″) width, drawn around the entire copy or grouping of letters, words or other sign display.

"Awning/canopy sign" means sign copy printed on an awning or canopy of any material, projecting out from a building wall.

"Billboard" means any outdoor, off-site sign or advertising device.

"Changeable copy sign" means any sign with copy which can be changed or altered to advertise products, services or messages to the public.

"Corner side wall sign" means sign located on a side building wall, perpendicular to the front wall sign.

"Corner tenant" means any tenant space located at an end of a building and thus having perpendicular exterior walls, regardless of street frontage.

"Construction sign" means any construction sign on a construction site indicating names and other information about individuals or businesses directly involved in the project on the site.

"Directional sign" means a non-official sign designed to guide or direct pedestrian or vehicular traffic.

Frontage, Building. "Building frontage" means the width of a structure measured from the outer wall.

Frontage, Property. "Property frontage" means the width of a property measured from one (1) property line to the other along the longest street frontage.

Frontage, Tenant. "Tenant frontage" means the width of a tenant space measured from one (1) side wall to the other along the front exterior wall.

"Gasoline price sign" means signs located on-site, identifying company name and prices/grades of vehicle fuels for sale.

"Height of monument or pole sign" means the vertical distance measured from the public sidewalk or street grade nearest to the base of the sign, to the highest point of the sign structure.

"Illuminated sign" means any sign using an artificial source of light, including neon, to enhance the visibility of the sign, including internally and externally lighted, reflective, glowing or radiating signs.

"Monument sign" means a free-standing, ground mounted sign that does not exceed six feet (6′) in height.

"Off-premises sign" means any sign identifying a name, product or service which is not located up on the site that it occupies.

"On-premises sign" means any sign indicating a name, product or service incidental to a permitted use on the property where the sign is located.

"Pedestrian sign" means a small non-illuminated sign suspended under an awning or canopy or attached to a building by a decorative holder, oriented toward pedestrian traffic, to identify a business.

"Pole sign" means any free-standing sign exceeding six feet (6′) in height excluding signs specified as exempt in this chapter.

"Portable sign" means any unattached sign which can be readily moved or relocated.

"Project" means a developed site with defined and recognized boundaries.

"Projecting sign" means any sign which projects or cantilevers out horizontally more than one foot (1′) from a building or wall, or over the public right-of-way, excluding awning/canopy or pedestrian signs.

"Roof sign" means any sign located on or extending above the roof of a building.

"Sign" means any media, device, graphic depiction, illumination or display for the purpose of identifying, or attracting attention to business establishments or services, or promoting products, goods, services, or items for sale, rent or lease. Registered trademarks, with or without written text, shall be included in the definition of signage and shall be counted in the determination of total sign area. Should any uncertainty exist as to what elements constitute sign area, the determination shall be made by the Director of

Community Development. The determination of the Director is appealable to the Planning Commission consistent with Section 10.01.070 (D).

"Sign program" means sign specifications for a multiple tenant site.

"Temporary sign" means any sign or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a temporary period.

"Wall sign" means any sign attached to or painted on a wall, window, or parapet/mansard wall, of a business, parallel to the wall.

(§ 2, Ord. 1951, eff. July 4, 1996, as amended by § 4, Ord. 2007, eff. November 18, 1999, § 2, Ord. 2013, eff. June 15, 2000, § 2 (part), Ord. 2022, eff. February 16, 2001, § 2 (part), Ord. 2027, eff. May 3, 2001)

The following signs shall be exempt from the provisions of this chapter; however, an electrical or building permit may be required:

A.

Directional Signs. One (1) parking directional sign is permitted at each entrance or exit, not to exceed six (6) square feet or four feet (4′) in height.

B.

Real Estate Signs. One (1) unlighted sign on each street frontage, not to exceed six (6) square feet or four feet (4′) in height. In addition, freestanding, directional signs may be used to direct traffic to an open house. Such signs shall be a maximum of four (4) square feet and maybe displayed between the hours of 10:00 a.m. and 6:00 p.m. One (1) flag or pennant per sign is permitted.

C.

Construction Signs. One (1) unlighted sign, not to exceed four (4) square feet in area on the site of a project actively under construction for each contractor, architect or engineer. Total signs on a site shall not exceed thirty-two (32) square feet.

D.

Official notices authorized by a court, public body, or public officer.

E.

Directional, warning or information signs authorized by federal, state, or municipal authority.

F.

Memorial plaques and building cornerstones when made an integral part of a building or structure.

G.

One non-illuminated permanent window, wall, door, or directory sign per business, not exceeding three (3) square feet, with letter heights not exceeding four inches (4″), limited to business identification, goods and service descriptions, hours of operation, address and telephone number.

H.

Interior signs within a structure, not visible from neighboring properties or the public right-of-way.

I.

Official City or utility company safety and notification signs on construction sites or in conjunction with public utilities.

J.

Official flags of recognized federal, state, county or municipal organizations.

K.

Automobile dealership price signs located on windshields of vehicles for sale on the dealership site.

(§ 2, Ord. 1951, eff. July 4, 1996)

The following schedule prescribes sign regulations for all types of land uses, as defined in Chapter 10.08 of this title. The columns establish basic requirements for sign quantities, sizes, and locations; letters in parentheses in the right-hand column refer to "additional regulations" following the schedule.

sf = square feet lf = lineal feet

Maximum sign area is sum of area of all sign faces unless otherwise specified

Permitted signs—Additional Regulations

A.

Temporary Signs. The purpose of this section is to provide opportunity for businesses to advertise temporary special events including grand openings, sales, and seasonal promotions, while minimizing the potential for adverse visual and aesthetic impacts by regulating the duration, amount, and type of signs allowed. Temporary signs are allowed in addition to permanent signs, upon the issuance of a temporary sign permit, and subject to the following requirements:

1.

Application. An application for a temporary sign shall be made to the Community Development a minimum of ten (10) days prior to installation. An application includes a temporary sign fee, performance bond to guarantee removal at the termination of the permit, and a time schedule for the duration of all proposed temporary signs.

2.

Permitted Signs. Temporary signs shall include banners, posters, pennants, small party balloons, ribbons, or lettering and graphics painted on windows.

3.

Allowable Area. During a single calendar year, each tenant space may apply for one (1) or more temporary signs for a total cumulative sign area not to exceed one (1) square foot per lineal feet of leased "tenant frontage" of a building as defined in Section 10.72.030 of this chapter. For buildings with less than a twenty foot (20′) tenant frontage, a maximum of twenty (20) square feet of sign area shall be permitted. In any case, the maximum cumulative area shall be eighty (80) square feet. The maximum area of a single temporary sign shall not exceed forty-eight (48) square feet.

For tenants occupying corner-leased spaces, a maximum of two (2) tenant frontages may be used to determine the maximum allowed sign area. The total amount of sign area displayed on each tenant frontage shall be proportionate to the lineal feet of each frontage.

4.

Duration of Density. The duration of display in a calendar year shall not exceed an accumulation of nine (90) days.

5.

Placement. Temporary signs shall be prohibited on building roofs and shall not cause unnecessary repetition, redundancy or proliferation of signage.

6.

Maintenance. All temporary signs must be maintained in good condition and repair. Any which are torn, faded, sagging or in disrepair shall be replaced at the request of the Community Development Director.

7.

Prohibited Signs. Prohibited signs shall include those listed in Section 10.72.070 of this chapter.

8.

Temporary Sign Program. The intent of a temporary sign program is to provide flexibility for large retail oriented commercial sites which, due to their unusual size, building configuration or orientation, lack of street exposure, or by nature of business, cannot successfully advertise special events or promotions by adhering to the strict application of the signs standards stated above.

A site consisting of a minimum of two (2) acres, and improved with a building(s) predominantly occupied by retail sales uses, is eligible for a temporary sign program to establish site specific temporary sign standards specifically for allowable area and duration of display. An application for a temporary sign program shall be reviewed and approved by the Community Development Director and may be incorporated into a master sign program pursuant to Section 10.72.060 of this chapter. The following performance standards shall apply:

a.

Placement of signs shall be oriented toward a commercial street and away from residential homes.

b.

The temporary sign program shall specify sign design guidelines and sign area allocations to be applied to the entire site.

c.

The duration of sign display authorized in a temporary sign program shall not exceed a total of one hundred twenty (120) days per calendar year.

d.

Prohibited signs or devices shall be consistent with those provided in subsection E of Section 10.72.070, including but not limited to signs placed on public property and large inflatable tethered objects.

9.

Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission in accordance with Chapter 10.100.

B.

Encroachment permits are required for structures projecting into the public right-of-way.

C.

Signs and structures adjacent to street property lines must observe the visibility requirements of Sections 10.64.150 and 3.40.010.

D.

A pole sign, where permitted, shall be located a minimum distance from each interior site property line of twenty feet (20′).

E.

Changeable copy is permitted to be incorporated within one (1) primary monument sign of a public or semipublic site.

(§ 2, Ord. 1951, eff. July 4, 1996, as amended by § 5, Ord. 2007, eff. November 18, 1999)

An approved sign program is required for any multiple tenant site, consistent with the regulations of this chapter, prior to issuance of any sign permit upon said site. The purposes of a sign program are to establish uniform sign design guidelines and sign area allocations for all uses and/or buildings on a site which conform to the requirements of this chapter, and incorporate sign exceptions approved pursuant to Section 10.72.080. An application for a sign program shall be reviewed by the Director of Community Development, unless filed in conjunction with a use permit or amendment, in which case said application

shall be reviewed by the Planning Commission. The Director of Community Development may approve modifications to all approved sign program which are in compliance with the sign regulations of this chapter, unless stated otherwise in the approved sign program.

(§ 2, Ord. 1951, eff. July 4, 1996)

10.72.070 - Prohibited signs.

A.

Off-site or off-premises signs;

B.

Outdoor advertising display signs (billboards);

C.

Signs on public property, unless otherwise permitted by this chapter;

D.

Portable, A-frame, or sidewalk signs, excluding business identification signs affixed flat on the body of a vehicle which provides services to said business other than identification or advertising;

E.

Three-dimensional objects or statutes including air or gas-filled objects greater than eighteen inches (18″) in diameter each, and located, attached or tethered to the group site, merchandise, structure or roof and used to attract attention or as a sign as defined herein;

F.

Abandoned signs;

G.

Roof signs;

H.

Projecting signs other than those permitted in Section 10.72.050;

I.

Revolving, flashing, fluttering, spinning or reflective signs;

J.

Signs other than those permitted by this chapter;

K.

Signs determined to be unsafe, a danger to the public, or a traffic hazard, by the Community Development or Public Works Departments.

(§ 2, Ord. 1951, eff. July 4, 1996, as amended by § 6, Ord. 2007, eff. November 18, 1999)

On sites where strict application of this chapter creates results inconsistent with the intent of this chapter, the Planning Commission may approve modifications to the requirements of this chapter.

Applicants shall submit copies of a proposed sign program with plans and elevations drawn to scale of all existing and proposed buildings and signs as part of the exception application. Upon receipt of a complete application the item will be placed on the next available Planning Commission agenda.

An application for a sign exception as it was applied for, or in modified form as required by the Commission, shall be approved if, on the basis of the application, plans, and materials submitted; the Commission finds that:

A.

The proposed sign exception would not be detrimental to, nor adversely impact, the neighborhood or district in which the property is located. Potential impacts may include, but are not limited to, design;

B.

The proposed sign exception is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of their property;

C.

The proposed sign exception is consistent with the legislative intent of this title; and

D.

For sign exceptions proposed in the coastal zone, the sign design and scale does not:

1.

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

2.

Adversely impact public access to and use of the water;

3.

Adversely impact public recreation, access or the visual resources of the coast.

In granting any such exception, the Planning Commission may impose reasonable conditions or restrictions as deemed appropriate or necessary to assure compliance with subsections A through D of this section, and to protect the public health, safety, and general welfare.

In granting any such exception, the Planning Commission may impose reasonable conditions or restrictions as deemed appropriate or necessary to protect the public health, safety, and general welfare.

(§ 2, Ord. 1951, eff. July 4, 1996, as amended by § 2, Ord. 2013, eff. June 15, 2000, § 2 (part), Ord. 2022, eff. February 16, 2001, § 2 (part), Ord. 2027, eff. May 3, 2001)

A.

Temporary Signs. Prohibited temporary signs as designated in this chapter shall be summarily abated within thirty (30) days of the City's determination of nonconforming status, unless otherwise approved by permit.

B.

Permanent Signs.

1.

Signs lawfully existing by benefit of permit prior to February 15, 1972, which were nonconforming under Ordinance No. 1238 shall be abated within thirty (30) days of the City's determination of nonconforming status, unless otherwise approved by permit.

2.

Signs lawfully existing by benefit of permit prior to March 18, 1976, which were nonconforming under Ordinance No. 1447, shall be made to comply whenever any of the following conditions occur: transfer of ownership of business, sale of more than fifty percent (50%) of the interest in the business, inclusion or additional partners whose interest is more than fifty percent (50%).

3.

Signs lawfully existing by benefit of permit which do not comply with the requirements of this chapter shall not be moved or enlarged unless they are made to comply.

C.

All Signs.

1.

Nonconforming signs which are nonconforming for reasons of danger to the public, traffic hazard, movement, rotation, flashing, or scintillating lights, such nonconforming portions shall be required to conform within thirty (30) days of the City's determination of nonconforming status, unless otherwise approved by permit.

2.

Signs, other than those exempted in this chapter, which exist without benefit of permit on buildings or properties shall be abated prior to the issuance of a building permit or a permit for any new sign on the same building or property.

(§ 2, Ord. 1951, eff. July 4, 1996)

10.72.100 - Sign fees.

Sign permit and related fees shall be contained in a schedule established by the City Council under separate resolution.

A.

A fee shall be required for each sign permit. A fee may be required for plan checking purposes. In addition, a performance bond shall be required to guarantee inspection of permanent signs.

B.

A fee shall be required for temporary signs. In addition, a performance bond shall be required to guarantee timely removal of temporary signs.

C.

Exempt from fee requirements are exempt signs in Section 10.72.040, including: directional signs, political signs, real estate signs, and construction signs.

(§ 2, Ord. 1951, eff. July 4, 1996)

The provisions of this chapter shall be administered and enforced by the community development department and are subject to Chapter 10.104 of this title.

(§ 2, Ord. 1951, eff. July 4, 1996)

10.72.120 - Appeals.

Applications for appeals are subject to Chapter 10.100 of this title.

(§ 2, Ord. 1951, eff. July 4, 1996)

Chapter 10.74 - ACCESSORY DWELLING UNITS

The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units consistent with state law.

(§ 5, Ord. 18-0024, eff. Jan. 18, 2019; Ord. No. 21-0001, § 5, eff. Feb. 19, 2021)

10.74.020 - Definitions.

"Accessory dwelling unit" or "ADU" has the meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time. Notwithstanding the foregoing, the term "ADU" does not include a guest house (or accessory living quarters), as defined in Municipal Code Section 10.04.030.

"Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) of a primary dwelling, or the remodeling of a primary dwelling, and shares a common wall with a primary dwelling.

"Detached ADU" means an ADU that is constructed as a separate structure from any primary dwelling, and does not share any walls with a primary dwelling.

"Existing structure" means an existing single-family dwelling, multi-family dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and any other applicable laws.

"Junior accessory dwelling unit" or "JADU" has the meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time.

"Primary dwelling," for purposes of this chapter, means an existing or proposed single-family dwelling, or multi-family dwelling, on the lot where an ADU would be located.

"Public transit," for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time.

(§ 5, Ord. 18-0024, eff. Jan. 18, 2019; Ord. No. 21-0001, § 5, eff. Feb. 19, 2021)

10.74.030 - General requirements and application procedure.

A.

Before constructing an ADU or a JADU or converting an existing structure or portion of a structure to an ADU or JADU, the applicant shall obtain permits in accordance with the requirements of this section.

B.

All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.

C.

Projects Exempt from Obtaining an ADU Permit. An applicant shall not be required to submit an application for an ADU permit under subsection D of this section, and may instead seek building permit approval for an ADU or JADU, or both, where the proposal satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, the California Building Standards Code, as amended by the City, and any other applicable laws. An ADU or JADU approved pursuant to this subsection shall be rented only for terms of thirty (30) days or longer.

D.

Projects Subject to ADU Permit Review and Timelines.

1.

The Director of Community Development or his/her designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law.

2.

ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2.

3.

Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this Code, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.

4.

In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction or related permits prior to the construction of the ADU.

E.

Minor Exception: An applicant may apply for a minor exception, pursuant to Section 10.84.120, for the establishment of an ADU or JADU in an existing legal structure that does not comply with the ADU or JADU standards provided in this chapter. A minor exception may not be requested for site or lot conditions.

F.

An applicant may apply for ADUs and JADUs meeting the requirements of Government Code Section 65852.2(e)(1), or ADUs meeting the requirements of Section 10.74.040, but in no case shall the combined number of ADUs and JADUs be greater than two (2) on a property with a single-family residence.

(§ 5, Ord. 18-0024, eff. Jan. 18, 2019; Ord. No. 21-0001, § 5, eff. Feb. 19, 2021)

Excepting those ADUs that satisfy the requirements of Government Code Section 65852.2(e)(1), ADUs shall comply with the following standards:

A.

Location Restrictions/Number Permitted:

1.

ADUs on Lots with a Single-Family Residence. A maximum of two (2) total ADUs shall be allowed on a lot with a proposed or existing single-family dwelling within all Area Districts; however, only one (1) ADU shall be allowed on a property that also has a JADU. Only one (1) detached ADU is allowed on a property.

2.

ADUs on Lots with New Multi-Family Developments. In all Area Districts, one (1) ADU shall be allowed on a lot with a newly constructed multi-family development.

a.

Multi-Family Redevelopments. Notwithstanding the limitation in paragraph 2 above, more than one (1) ADU, up to twenty-five percent (25%) of the number of pre-existing multi-family dwelling units on the property, shall be allowed where the applicant proposes to demolish an existing multi-family development to build a new multi-family development. For any property that is considered a nonconforming use pursuant to 10.68.020.A because it does not meet the current site area per dwelling unit requirement, the total resulting number of units on the property, including ADUs, shall not be greater than the number of pre-existing units on the property.

B.

Development Standards:

1.

Size, General. Studio and one (1) bedroom ADUs shall not exceed eight hundred fifty (850) square feet of gross floor area. ADUs with two (2) or more bedrooms shall not exceed one thousand two hundred (1,200) square feet of gross floor area. The minimum size of an ADU shall be two hundred twenty (220) square feet, or an alternate minimum area for an "efficiency unit" that is adopted by the City.

a.

Additional Size Limitations for Attached ADUs: If there is an existing single-family residence, a newly constructed Attached ADU shall not exceed fifty percent (50%) of the gross floor area of the existing singlefamily residence.

2.

Height for detached ADUs shall be measured from the weighted average of the local grades around the perimeter of the detached structure, and:

a.

A Detached ADU shall not exceed sixteen feet (16′) in height; or

b.

A Detached ADU located above a detached garage or below a detached garage that does not qualify as a basement shall not exceed a total height of twenty-six feet (26′).

3.

Setbacks: No setback shall be required for an ADU that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet (4′), and the front setback shall be as required for the primary structure.

4.

Separation: A Detached ADU shall have a minimum five-foot building separation from other buildings on the lot.

5.

Standards: An ADU shall conform to all open space, buildable floor area, building site (lot) coverage, and minimum lot size regulations applicable to the zoning district in which the property is located, as well as the building separation requirement stated in Section 4 above, except in the following cases:

a.

ADUs that are not required to obtain an ADU permit as provided in Section 10.74.030(C).

b.

Where the application of such standards would not permit construction of an eight hundred (800) squarefoot ADU that is sixteen feet (16′) in height with four-foot side and rear yard setbacks, in which case the regulation(s) at issue shall be waived to permit such an ADU.

6.

Except as provided in subsection 5.b, an ADU shall count toward the maximum total buildable floor area applicable to the lot.

C.

Guest Houses: If an ADU is located on a lot with a guest house, either, but not both, the guest house or the ADU shall be attached to the primary dwelling.

D.

Design and Features:

1.

An ADU shall not have any outdoor deck at a height greater than thirty inches (30″) above local grade if the deck is located in the primary dwelling's required yards.

2.

If the property abuts an alley, any new driveway access for an ADU must be provided through the alley.

3.

If an automatic fire sprinkler system is required for the primary dwelling, the ADU must also have an automatic fire sprinkler system.

4.

An ADU shall have a separate exterior access.

5.

For any second-story detached ADU, all exterior openings, including windows and doors, that are within fifteen feet (15′) of a rear non-alley or side interior property line shall be fitted with translucent glazing and satisfy one (1) of the following: (i) be fixed (i.e., inoperable) or (ii) be located at least five feet (5′) above the finished floor level at the window's lowest point.

6.

A kitchen, in conformance with applicable health and safety requirements, including at least one (1) permanently installed cooking appliance, shall be required for all ADUs.

7.

A permanent foundation shall be required for all ADUs.

8.

Refuse containers shall comply with Municipal Code Section 5.24.030.

E.

Covenant Required: The property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in

interest: (i) the ADU is to be rented only for terms of thirty (30) days or longer; (ii) the ADU is not to be sold or conveyed separately from the primary dwelling; (iii) the property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards; and (iv) that any violation will be subject to penalties as provided in Municipal Code Chapter 1.04 and 1.06. Proof of recordation of the covenant shall be provided to the City prior to final building inspection.

F.

Parking Requirements (ADU):

1.

In addition to the off-street parking space(s) required for the primary dwelling, one (1) off-street parking space shall be provided for each ADU, except when:

a.

The ADU is located within one-half (½) mile walking distance of public transit;

b.

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

c.

The ADU is part of the existing primary dwelling or all or part of an existing accessory structure or building;

d.

The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or

e.

The ADU is located within one (1) block of a city-approved and dedicated parking space for a car share vehicle.

2.

Required setbacks, yards and open space shall not be used for parking except that:

a.

Parking may be located within an enclosed accessory building as permitted by Municipal Code Section 10.52.050; and

b.

Parking may be located outside of the front yard setback on existing driveways existing prior to January 1, 2019, that are conforming in width and clearance.

3.

The dimensions of all parking spaces, driveways, vehicular access, turning radius and similar parking standards shall comply with the requirements set forth in Municipal Code Chapter 10.64.

4.

When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. Existing driveways that formerly served parking spaces that have been converted to an ADU may remain for parking.

(§ 5, Ord. 18-0024, eff. Jan. 18, 2019; Ord. No. 21-0001, § 5, eff. Feb. 19, 2021)

JADUs shall comply with the following requirements:

1.

A JADU shall be a maximum of five hundred (500) square feet of buildable floor area and a minimum of two hundred twenty (220) square feet, or an alternate minimum area for an "efficiency unit" that is adopted by the City. The buildable floor area of a shared sanitation facility shall not be included in the maximum buildable floor area of a JADU.

2.

A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling.

3.

A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

4.

A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing or proposed single-family dwelling.

5.

A JADU shall include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.

6.

Covenant Required: The property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the property owner shall be an owner-occupant of either the primary dwelling or the JADU, unless the owner is a government agency, land trust, or housing organization; (ii) the JADU is to be rented

only for terms of thirty (30) days or longer; (iii) the JADU is not to be sold or conveyed separately from the single-family dwelling; (iv) the property owner and all successors in interest shall maintain the JADU and the property in accordance with all applicable JADU requirements and standards, including the restrictions on the size and attributes of the JADU provided in Government Code Section 65852.22; and (v) that any violation will be subject to penalties as provided in Municipal Code Chapter 1.04 and 1.06. Proof of recordation of the covenant shall be provided prior to final building inspection.

7.

No additional parking is required for a JADU.

(Ord. No. 21-0001, § 5, eff. Feb. 19, 2021)

Editor's note— Ord. No. 21-0001, § 5, adopted January 19, 2021 and effective February 19, 2021, in effect, repealed § 10.74.050 and enacted a new § 10.74.050 as set out herein. Former § 10.74.050 pertained to parking and derived from Ord. 18-0024, § 5, eff. Jan. 18, 2019.

10.74.060 - Fees and utility connections.

A.

The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees except as specifically provided in California Government Code Sections 65852.2 and 65852.22.

B.

With the submittal of the ADU permit or prior to receiving a building permit if no ADU permit is required, the owner of the subject property must submit letters of service availability for water and sewer disposal to the Building Official.

(§ 5, Ord. 18-0024, eff. Jan. 18, 2019; Ord. No. 21-0001, § 5, eff. Feb. 19, 2021)

Chapter 10.76 - SUBDIVISIONS

(Reserved)—Refer to Title 11 of the M.B.M.C.

Chapter 10.78 - SB 9 UNIT DEVELOPMENTS

The purpose of this chapter is to implement the requirements of Government Code Section 65852.21 to allow a proposed housing development containing no more than two (2) residential units on a single lot within a single-family residential zone. Except as expressly provided in this chapter or Government Code Section 65852.21, all other applicable regulations in the Municipal Code shall apply.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

"Existing residence," for purposes of this chapter, means a dwelling unit that has been constructed legally.

"Flag lot," for purposes of this chapter, means a lot resulting from a subdivision of land wherein the lots or parcels of land are laid out one (1) behind the other, with only one (1) lot or parcel of land (referred to as the front lot) having frontage on a public street, other than a driveway or access easement for the rear lot.

"Primary dwelling unit," for purposes of this chapter, means a single-family residence that is not an ADU or JADU.

"Principal residence," for purposes of this chapter, means the owner-occupied residence on the property.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

10.78.030 - General requirements and application procedure.

A.

The project is located on a parcel within the RS Single-Family Residential Zoning District.

B.

Applicants are required to submit an application, accompanied by a fee set by the City Council, including submittal documents required by the Community Development Director.

C.

The applicant and the property owner shall provide a sworn statement affirming eligibility with the regulations contained in this chapter.

1.

The City, at the applicant's expense, may conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

D.

All new residential units shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.

E.

Applications submitted pursuant to this chapter shall be considered ministerially, without discretionary review or a hearing, consistent with state law.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

Residential developments pursuant to Government Code Section 65852.21 shall also comply with the following standards:

A.

Number of Units Permitted.

1.

A maximum of two (2) primary dwelling units may be permitted on an RS zoned lot that has not undergone an urban lot split pursuant to Chapter 11.40.

2.

A maximum of four (4) total units shall be permitted on a lot that has not undergone an urban lot split pursuant to Chapter 11.40, inclusive of ADUs and JADUs. The maximum number of units permitted may be any combination of primary dwelling units, ADUs, or JADUs, provided that the total permitted number of units per lot is not exceeded, and is subject to the limitations on the development of ADUs and JADUs found in Chapter 10.74 (Accessory Dwelling Units).

3.

A maximum of two (2) units shall be permitted on a lot that has been created by an urban lot split pursuant to Chapter 11.40, inclusive of ADUs and JADUs.

B.

Development Standards.

1.

Demolition Cap. Residential development pursuant to Government Code Section 65852.21 may not involve the demolition of more than twenty-five (25) percent of the existing exterior structure walls of an existing dwelling, unless the site has not been occupied by a tenant in the last three (3) years.

2.

Configuration. Primary dwelling units, may be attached to, adjacent to, or detached from, any other dwelling unit on the parcel, subject to subsection (B)(1).

3.

Height. New units shall be subject to the RS base district and Area District regulations as defined in Section 10.12.030.

4.

Setbacks.

a.

New units, inclusive of attached garages, shall be built no less than four (4) feet from the side and rear property lines, and comply with the underlying zoning district front setback requirement.

i)

Exception. For flag lots, the front setback shall be measured from the portion where the "flag pole" meets the flag portion of the lot and to the face of the structure.

b.

No new setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure.

c.

Detached primary dwelling units shall have a minimum ten-foot building separation from each other.

5.

Parking.

a.

Required parking shall be accessed via an alley for a parcel abutting an alley.

b.

One (1) enclosed or partially enclosed parking space is required for each new unit created pursuant to the regulations in this chapter, except when the parcel upon which the unit is created is located within one (1) block of a car share vehicle or within one-half (½) mile walking distance to:

i)

A high quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

ii)

A major transit stop, as defined in Section 21064.3 of the Public Resources Code.

c.

If the residential development requires the conversion or demolition of a garage, carport, or covered parking structure required under Chapter 10.64, replacement parking space(s) shall be provided in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, without adversely impacting traffic flow and public safety.

d.

The placement and dimensions of all new and replaced parking spaces, driveways, vehicular access, turning radius and similar parking standards shall comply with the requirements set forth in Chapter 10.64.

6.

Additional Requirements.

a.

Non-public utility electrical elements such as wires, conduits, junction boxes, and switch and panel boxes shall be screened from view from adjacent public rights-of-way.

b.

Refuse containers shall comply with Section 5.24.030.

c.

All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

d.

Residential units developed pursuant to this chapter shall not be owned or conveyed separately from the other primary unit on the same lot.

e.

Notwithstanding any provision of Government Code Section 65852.21 or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:

i)

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii)

Housing that has been occupied by a tenant in the last three (3) years.

7.

Exceptions. The Community Development Director shall approve an exception to any of the objective standards specified herein that would have the effect of physically precluding the construction of up to two (2) primary dwelling units or that would physically preclude either of the two (2) primary dwelling units from being at least 800 square feet in floor area.

8.

Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the City Attorney prior to issuance of a building permit, placing the following restrictions on the property, the property owner, and all successors in interest.

a.

Non-residential uses on the site shall be prohibited except as allowed by Section 10.52.070;

b.

Short-term rentals for periods less than thirty (30) days of any unit on the site shall be prohibited;

c.

Access to the public right-of-way/alley shall be maintained in perpetuity;

d.

All required parking shall be maintained; and

e.

The property owner and all successors in interest shall maintain the residential development(s) and the property in accordance with all applicable Government Code Section 65852.21 requirements and standards.

9.

Denial. The Community Development Director may deny an application for an urban lot split pursuant to Government Code Section 65852.21 by making the following findings in writing based upon a preponderance of evidence:

a.

The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined in Government Code Section 65589.5(d)(2); and

b.

There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

PART V - —ADMINISTRATIVE REGULATIONS

Chapter 10.80 - BUILDING, GRADING, AND DEMOLITION PERMITS; ENVIRONMENTAL REVIEW; FEES AND DEPOSITS

No building, grading, or demolition permit shall be issued unless the Director of Community Development determines that each new or expanded use or structure complies with all of the requirements of the Municipal Code. If any grading or scraping is proposed as part of a project, a survey of existing topography on the site and adjacent land within 5 feet of the site boundaries and any proposed changes in topography shall be submitted to the Director of Community Development for review and approval prior to issuance of a building permit, grading permit, or demolition permit. The contours of the land shall be shown at intervals of not more than 5 feet. The Director shall require that survey markers be set and that an inspection be conducted to check the establishment of these survey markers prior to issuance of a permit.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

A project that is not ministerially or categorically exempt from CEQA and is the subject of an application for a discretionary approval, including but not limited to a General Plan amendment, zoning map amendment, use permit, variance, Specific Plan, PD Plan, or NC Plan shall be subject to environmental review and shall be the subject of a Negative Declaration or an Environmental Impact Report (EIR).

A.

Determination of Lead Agency. The Community Development Director shall designate as the lead agency, as the term is defined by CEQA guidelines, the individual or body having the broadest discretionary approval responsibilities, and may designate the Board of Zoning Adjustment, the Planning Commission, the Community Development Director, or the City Council. The Community Development Director's decision shall be subject to appeal by the applicant to the Planning Commission.

B.

Duties of Responsible Agencies. Individuals and bodies other than the lead agency shall have the powers and responsibilities assigned to responsible agencies by CEQA and CEQA Guidelines.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.80.030 - Fees and deposits.

All persons submitting applications for permits or zoning map or text amendments, as required by this ordinance, or filing appeals shall pay all fees and/or deposits as provided by the City Council's resolution or resolutions establishing applicable fees and charges. Said resolution or resolutions are hereby incorporated by reference as though fully set forth herein.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.82 - CANNABIS

For purposes of this chapter, the following definitions shall apply.

A.

"Cannabis" means all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis, and any product containing cannabis. "Cannabis" includes cannabis that is used for medical, non-medical, or other purposes.

"Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant

which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5, as the same may be amended from time to time.

B.

"Cannabis accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

C.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not, limited to concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

D.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products, for medical, non-medical or any other purpose, and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any other provision of State law that regulates the licensing of cannabis businesses.

E.

"Concentrated cannabis" means cannabis that has undergone a process to concentrate one (1) or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

F.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

G.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

H.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

I.

"Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors and inaccessible to minors.

J.

"Indoors" means within a fully enclosed and secure structure.

K.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

L.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

M.

"Outdoors" means any location that is not within a fully enclosed and secure structure.

N.

"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

O.

"Private residence" means a house, an apartment unit, a condominium unit, a mobile home, or other similar dwelling, that is lawfully used as a residence.

(§ 7, Ord. 17-0024, eff. December 7, 2017; § 3, Ord. 22-0013, eff. November 18, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

A.

Commercial cannabis activity, whether or not for profit, is not a permitted use anywhere in the city. The city shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time.

B.

It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the city.

C.

To the extent not already prohibited by subsection A above, all deliveries of cannabis or cannabis products to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

D.

All outdoor cannabis cultivation is prohibited in the city. Indoor cannabis cultivation is prohibited except as specified in section 10.82.040(A)(5).

(§ 7, Ord. 17-0024, eff. December 7, 2017; § 3, Ord. 22-0013, eff. November 18, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

10.82.030 - Exceptions.

A.

To the extent that the following activities are permitted by State law, nothing in this chapter shall prohibit a person twenty-one (21) years of age or older from:

1.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one (21) years of age or older, without compensation whatsoever, not more than twenty eight and one-half (28.5) grams of cannabis not in the form of concentrated cannabis;

2.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one (21) years of age or older, without compensation whatsoever, up to eight (8) grams of cannabis in the form of concentrated cannabis;

3.

Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty-one (21) years of age or older without compensation whatsoever; or

Engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, as the same may be amended from time to time.

B.

This chapter shall also not prohibit any commercial cannabis activity that the city is required by law to permit within its jurisdiction pursuant to state law.

(§ 7, Ord. 17-0024, eff. December 7, 2017; § Ord. 22-0013, eff. November 18, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

10.82.040 - Violation.

Violations of this chapter are subject to the penalty provisions set forth in Municipal Code Chapters 1.04 and 1.06. In the discretion of the City Prosecutor, a violation of this chapter may be prosecuted as an infraction or misdemeanor. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Municipal Code Chapters 1.04 and 1.06, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Municipal Code Chapters 1.04 and 1.06, and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(§ 7, Ord. 17-0024, eff. December 7, 2017; § Ord. 22-0013, eff. November 18, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

Chapter 10.84 - USE PERMITS, VARIANCES, MINOR EXCEPTIONS, PRECISE DEVELOPMENT PLANS AND SITE DEVELOPMENT PERMITS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 13-0006, § 11, adopted July 2, 2013, effective August 1, 2013, renamed Chapter 10.84, from use permits, variances and minor exceptions to use permits, variances, minor exceptions, precise development plans and site development permits.

10.84.010 - Purposes.

This chapter provides the flexibility in application of land-use and development regulations necessary to achieve the purposes of the ordinance codified in this title by establishing procedures for approval,

conditional approval, or disapproval of applications for use permits, variances, minor exceptions, precise development plans and site development permits.

Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.

Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards.

Authorization to grant variances does not extend to use regulations because sufficient flexibility is provided by the use permit process for specified uses and by the authority of the Planning Commission to determine whether a specific use belongs within one (1) or more of the use classifications listed in Chapter 10.08.

Further, Chapter 10.96 provides procedures for amendments to the zoning map or zoning regulations. These will ensure that any changes are consistent with the General Plan and the land use objectives of the ordinance codified in this title.

Minor exceptions are generally intended to allow certain alterations and additions to certain nonconforming pre-existing structures and to allow the establishment of new Accessory Dwelling Units (ADUs) within legal pre-existing structures that do not comply with the ADU development standards. Minor Exceptions are also intended to encourage home remodeling and additions to existing smaller older legal non-conforming homes. The provisions strive to balance the community's desire to maintain smaller older homes while still allowing some flexibility to encourage these homes to be maintained and upgraded, as well as enlarged below the maximum allowed square footage instead of being replaced with larger new homes.

Precise development plans are intended to encourage the development of affordable housing through a streamlined permitting process. Projects that qualify for a density bonus pursuant to Chapter 10.94 shall be eligible for an administrative non-discretionary precise development plan.

Site development permits are intended to streamline the permitting process for multi-family housing developments of six (6) or more units.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1861, Amended, 12/03/92: § 3 (part), Ord. 2068, eff. February 4, 2005; § 19, Ord. 2111, eff. March 19, 2008, § 11, Ord. 130006, eff. August 1, 2013, and § 9, Ord. 18-0024, eff. Jan. 18, 2019)

10.84.020 - Decisionmaking authority.

A.

The Community Development Director shall approve, conditionally approve, or disapprove applications for minor exceptions and precise development plans.

B.

The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits, variances and site development permits.

C.

Such decisions may be appealed pursuant to Chapter 10.100 of the Manhattan Beach Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Amended Ord. 1951, eff. July 4, 1996 and § 11, Ord. 13-0006, eff. August 1, 2013)

Applications for use permits, variances, precise development plans and site development permits shall be initiated by submitting the following materials to the Community Development Department:

A.

A completed application form, signed by the property owner or authorized agent, accompanied by the required fee, copies of deeds, any required powers of attorney, plans and mapping documentation in the form prescribed by the Community Development Director;

B.

A vicinity map showing the location and street address of the development site;

The following additional items shall also be required for use permits, variances and site development permits:

C.

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within five hundred feet (500′) of the boundaries of the property; and

D.

A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor, Tax Collector, or the City's contractor for such records showing the names and addresses of the owner of record of each lot within five hundred feet (500′) of the boundaries of the property. This list shall be keyed to the map required by subsection (C) of this section and shall be accompanied by mailing labels.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94 and § 11, Ord. 13-0006, eff. August 1, 2013)

10.84.040 - Notice and public hearing.

A.

Public Hearing Required. The Planning Commission shall hold a public hearing on an application for a use permit, variance or site development permit.

B.

Notice. Upon receipt of a complete application, notice of the hearing shall be given in the following manner:

1.

Mailed or Delivered Notice. At least ten (10) days prior to the hearing, notice shall be: (1) mailed to the applicant; (2) all owners of property within five hundred feet (500′) of the boundaries of the site, as shown on the last equalized property tax assessment role or the records of the County Assessor, Tax Collector, or the City's contractor for such records and (3) any agency as required by Government Code Section 65091.

2.

Posted Notice. Notwithstanding the requirements of Section 1.08.140 of this Code, notice shall be posted at City Hall.

3.

Published Notice. Notice shall be published in a newspaper of general circulation in accordance with Section 65090 and 65091 of the California Government Code.

C.

Contents of Notice. The notice of public hearing shall contain:

1.

A description of the location of the development site and the purpose of the application;

2.

A statement of the time, place, and purpose of the public hearing;

3.

A reference to application materials on file for detailed information; and

4.

A statement that any interested person or an authorized agent may appear and be heard.

D.

Multiple Applications. When applications for multiple use permits, variances or site development permits on a single site are filed at the same time, the Community Development Director shall schedule a combined public hearing.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996 and § 11, Ord. 13-0006, eff. August 1, 2013)

A.

Public Hearing. The Planning Commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date and time without additional public notice.

B.

Decision and Notice. After the close of the public hearing, the Planning Commission shall recommend that the City Council approve, conditionally approve, or disapprove of the application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within seven (7) days of the date of the resolution ratifying the decision.

C.

Limits on Conditions of Approval. No conditions of approval of a use permit shall include use, height, bulk, density, open space, parking, loading, or sign requirements that are less restrictive than those prescribed by applicable district regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996)

10.84.060 - Required findings.

An application for a use permit, variance, precise development plan or site development permit shall be approved if, on the basis of the application, plans, materials, and testimony submitted, the decision making authority finds that:

A.

For All Use Permits.

1.

The proposed location of the use is in accord with the objectives of this title and the purposes of the district in which the site is located;

2.

The proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing or working on the proposed project site or in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city;

3.

The proposed use will comply with the provisions of this title, including any specific condition required for the proposed use in the district in which it would be located; and

4.

The proposed use will not adversely impact nor be adversely impacted by nearby properties. Potential impacts are related but not necessarily limited to: traffic, parking, noise, vibration, odors, resident security and personal safety, and aesthetics, or create demands exceeding the capacity of public services and facilities which cannot be mitigated.

B.

For Variances.

1.

Because of special circumstances or conditions applicable to the subject property—including narrowness and hollowness or shape, exceptional topography, or the extraordinary or exceptional situations or conditions—strict application of the requirements of this title would result in peculiar and exceptional difficulties to, or exceptional and/or undue hardships upon, the owner of the property;

2.

The relief may be granted without substantial detriment to the public good; without substantial impairment of affected natural resources; and not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare; and

3.

Granting the application is consistent with the purposes of this title and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district and area district.

4.

OS District Only. Granting the application is consistent with the requirements of Section 65911 of the Government Code and will not conflict with General Plan policy governing orderly growth and development and the preservation and conservation of open-space laws.

C.

For Precise Development Plans and Site Development Permits.

1.

The proposed project is consistent with the General Plan and Local Coastal Program;

2.

The physical design and configuration of the proposed project are in compliance with all applicable zoning and building ordinances, including physical development standards.

D.

Mandatory Denial. Failure to make all the required findings under [subsections] (A), (B), (C) or (D) shall require denial of the application for use permit, variance, precise development plan or site development permit.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 1, Ord. 1926, eff. June 15, 1995; Amended § 2, Ord. 1951, eff. July 4, 1996 and § 11, Ord. 13-0006, eff. August 1, 2013, § 18, Ord. 160029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018)

A.

In approving a precise development plan or site development permit, reasonable conditions may be imposed as necessary to make the required findings.

B.

In approving a use permit or variance, reasonable conditions may be imposed as necessary to:

1.

Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;

2.

Protect the public health, safety, and general welfare; or

3.

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

4.

Provide for periodic review of the use to determine compliance with conditions imposed, and Municipal Code requirements.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1861, Amended, 01/06/94 and § 11, Ord. 13-0006, eff. August 1, 2013)

10.84.080 - Effective date—Appeals.

Unless appealed in accordance with Chapter 10.100, a use permit, variance, minor exception, precise development plan or site development permit shall become effective after expiration of the time limits for appeal set forth in Section 10.100.030.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996 and § 11, Ord. 13-0006, eff. August 1, 2013)

10.84.090 - Lapse of approval—Transferability—Discontinuance—Revocation.

A.

Lapse of Approval. A use permit, variance, minor exception, precise development plan or site development permit shall lapse two (2) years or at an alternative time specified as a condition of approval after its date of approval unless:

1.

A building permit has been issued and substantial expenditures have been made in reliance on that permit; or

2.

A certificate of occupancy has been issued; or

3.

The use is established; or

4.

The use permit, variance, minor exception, precise development plan or site development permit is renewed.

A use permit, variance, minor exception, precise development plan or site development permit also shall lapse upon termination of a project or expiration of a building permit.

B.

Transferability. The validity of a use permit, variance, minor exception, precise development plan or site development permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor applies to the Community Development Director for a transfer which may be comprised of a business license. No notice or public hearing on a transfer shall be required.

C.

Discontinuance. An implemented use permit, variance, minor exception, precise development plan or site development permit shall lapse if the exercise of rights granted by it is discontinued for twelve (12) consecutive months provided that time for plan check, construction or reconstruction activities shall not be counted toward the twelve (12) months.

D.

Revocation. A use permit, variance, minor exception, precise development plan or site development permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, or modified, as provided in Section 10.104.030

E.

Renewal. A use permit, variance, minor exception, precise development plan or site development permit may be renewed by the Community Development Director for periods of time up to one (1) year without notice or public hearing, if the findings required by Section 10.84.060 remain valid. Such requests for renewal are subject to the review and approval of the original reviewing body.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996 and § 11, Ord. 13-0006, eff. August 1, 2013)

10.84.100 - Changed plans—New application.

A.

Changed Plans. A request for changes in conditions of approval of a use permit, variance, minor exception, precise development plan or site development permit or a change to development plans that would affect a condition of approval, shall be treated as a new application.

B.

New Application. If an application for a use permit, variance, minor exception, precise development plan or site development permit, is disapproved, no new application for the same, or substantially the same project, shall be filed within one (1) year of the date of denial of the initial application, unless the denial is made without prejudice.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Amended § 11, Ord. 13-0006, eff. August 1, 2013)

10.84.105 - Master use permits.

A master use permit authorizing multiple uses for a project with more than five thousand (5,000) square feet of buildable floor area or more than ten thousand feet (10,000′) of land area, shall be subject to the provisions applicable to use permits (Chapter 10.84 et seq.), with the following exceptions or special provisions:

A.

Scope of Approval. Individual uses located in such a project shall not be subject to separate use permits, if otherwise required by the land use regulations of this Title, provided such uses are identified within the scope of development approval.

B.

Uses; Parking. The master use permit shall establish a mix of uses by classification, or combinations of use classifications defined in Chapter 10.08 of this title. The mix of uses shall be the basis for a percentage distribution of building gross leasable floor area by use classification. Parking and loading requirements approved in conjunction with a master use permit shall correspond to the percentage distribution of building gross leasable floor area by use classification.

C.

Subsequent Use; Tenant Changes. Subsequent changes in the tenants and/or occupants of the project shall conform to the percentage distribution of leasable square footage by use classification and corresponding parking and loading requirements of the approved master use permit.

D.

Subsequent Permits. Applications to establish a new use within a multiple tenant project which has an approved master use permit shall not require either amendment to or filing of a new master use permit, provided that the new use conforms to the approved mix of uses, parking requirements, and conditions imposed on the project.

E.

Nonconforming Sites—Permit Requirement. An existing multiple use or multiple tenant project which has a valid use permit and/or individual use permits for specific uses or tenants within the project shall be required to obtain a master use permit when a change is proposed which cumulatively constitutes an increase of five percent (5%) of gross leasable area or ten thousand (10,000) square feet, whichever is less.

(Ord. No. 1902, Enacted, 05/05/94)

A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 10.08 of this title and as listed in the land-use regulations for the base districts in which the use will be located, shall be subject to the following provisions:

A.

Application and Fee. A completed application form and the required fee shall be submitted to the Community Development Director. The Community Development Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.

B.

Duties of the Community Development Director. The Community Development Director shall approve, approve with conditions or deny a complete application within a reasonable time. Such approval shall consider and incorporate comments from Police, Fire, Public Works, and other relevant reviewing bodies. No notice or public hearing shall be required.

C.

Required Findings. The application shall be approved as submitted, or in modified form, if the Community Development Director finds:

1.

That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of this title; and

That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare.

D.

Conditions of Approval. In approving a temporary use permit, the Community Development Director may impose reasonable conditions necessary to:

1.

Achieve the general purposes of this title and the specific purposes of the zoning district in which the temporary use will be located, or to be consistent with the General Plan;

2.

Protect the public health, safety, and general welfare; or

3.

Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.

E.

Effective Date—Duration—Appeals. An approved temporary use permit shall be effective on the date specified in its approval; a disapproved permit may be appealed by the applicant, as provided in Chapter 10.100 of this title. The permit shall be valid for a specified time period not to exceed thirty (30) days. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Community Development Director effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within a reasonable time. The Community Development Director may approve changes in a temporary use permit.

1.

Exceptions:

a.

A Christmas tree/pumpkin sales temporary use permit may exceed thirty (30) days but shall be valid only during the time period in which the activity is taking place.

b.

New Year's Eve hours of operation extensions shall only be valid until 1:00 a.m. for the one (1) time/day requested. The applicant may apply annually for a temporary use permit to request extended New Year's hours.

c.

Food truck sales may not operate more than three (3) days per week on any single property.

F.

Standards for Food Truck Sales. No temporary use permit shall be issued for Food Truck Sales unless the Community Development Director determines that the following standards or requirements have been met:

1.

Food trucks may not operate more than three (3) days per week on any single property.

2.

Food Truck Sales shall occur only within the hours of 10:00 a.m. and 9:00 p.m. of the same day.

3.

Food trucks (including those operated at events on public school property) shall maintain a valid Los Angeles County Department of Health permit and a valid City business license.

4.

Maintenance of a clearly designated waste receptacle in the immediate vicinity of the food truck sales.

5.

If Food truck sales occur for more than one (1) hour at the location, provision of a letter or other written documentation verifying that employees and customers of the food truck have permission to use a readily available toilet and hand washing facility that is located within two hundred feet (200′) travel distance from the location where the vehicle engaged in food truck sales is parked and otherwise complies the California Health Code standards.

6.

Plans or other documents satisfactory to the Community Development Director that depict proposed vehicle and pedestrian circulation at the site for both the temporary food truck sale use and existing uses, the proposed parking plan, the proposed lighting plan and how noise will be controlled at the site. In addition to the findings set forth in subsection C, the Community Development Director shall make a finding that the proposed food truck sales will not be located, operated or maintained in a manner that impedes vehicular and pedestrian circulation at the proposed site.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94; § 6, Ord. 2130, eff. December 31, 2009 and § 6, Ord. 2156, eff. March 9, 2012)

The Community Development Director may grant minor exceptions from certain regulations contained in the ordinance codified in this chapter for projects as follows:

Valuation No Limitation. Projects that involve new structures or remodels without limits of project valuation [i.e., may exceed fifty percent (50%) valuation provisions of Section 10.68.030(E)], as provided below.

Notice may be required for exceptions to Sections 10.68.030(D) and (E), see subsection A and B of this section for noticing requirements.

A.

Minor Exception Application Without Notice. All applications for minor exceptions may be approved administratively by the Director of Community Development without notice, except as provided in subsection B of this section. Additionally, a minor exception from Section 10.68.030(D) and (E) must meet the following criteria:

1.

Alterations, remodeling, additions (enlargements) to existing smaller legal non-conforming structures. The total proposed Buildable Floor Area, as defined in Section 10.04.030 which excludes certain garage and basement areas from BFA, does not exceed sixty-six percent (66%) of the maximum allowed (Area Districts III and IV) and seventy-five percent (75%) of the maximum allowed (Area Districts I and II) or three thousand (3,000) square feet, whichever is less.

2.

Alterations and remodeling to existing legal non-conforming structures. No limit to the total existing Buildable Floor Area, as defined in Section 10.04.030 which excludes certain garage and basement areas from BFA, but no further additions (enlargements) permitted.

B.

Minor Exception Application with Notice.

1.

Applications for minor exceptions from Section 10.68.030(D) and (E) which do not meet the criteria in subsection (A)(1) of this section, may be approved administratively by the Director of Community Development, with notice. A minor exception from Section 10.68.030(D) and (E) must meet the following criteria, and notice as provided in subsection D of this section, must be provided:

a.

Alterations, remodeling, additions (enlargements) to existing smaller legal non-conforming structures. The total proposed Buildable Floor Area as defined in Section 10.04.030 which excludes certain garage and basement areas from BFA, does not exceed sixty-six percent (66%) of the maximum allowed (Area Districts III and IV) and seventy-five percent (75%) of the maximum allowed (Area Districts I and II) and the Buildable Floor Area exceeds three thousand (3,000) square feet but does not exceed four thousand (4,000) square feet.

C.

Submittal Requirements—All Minor Exceptions Applications. Applications for all minor exceptions shall be initiated by submitting the following materials to the Community Development Department.

1.

A completed application form, signed by the property owner or authorized agent, accompanied by the required fees, plans and mapping documentation in the form prescribed by the Community Development Director.

2.

Written statements to support the required findings and criteria of this Code section.

3.

A vicinity map showing the location and street address of the development site.

D.

Submittal Requirements—Minor Exception Applications with Notice. Applications for minor exceptions with notice shall be initiated by submitting the following materials to the Community Development Department:

1.

A completed application form, signed by the property owner or authorized agent, accompanied by the required fees, plans and mapping documentation in the form prescribed by the Community Development Director.

2.

Written statements to support the required findings and criteria of this Code section.

3.

A vicinity map showing the location and street address of the development site;

4.

A map showing the location and street address of the property that is the subject of the application and of all lots of record within three hundred feet (300′) of the boundaries of the property; and

5.

A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor, Tax Collector, or the City's contractor for such records showing the names and addresses of the owner of record of each lot within three hundred feet (300′) of the boundaries of the property. This list shall be keyed to the map required by subsection (D)(4) of this section and shall be accompanied by mailing labels.

E.

Notice to Property Owners—Minor Exception with Notice. After receipt of a completed Minor Exception application, the Community Development Director shall provide notice to surrounding property owners as provided in subsection D of this section. Said notice shall include: a project description, information regarding where and when project plans can be viewed, a request for comments regarding said exception, and a commenting deadline date. No public hearing shall be required.

F.

Director's Review and Action—All Minor Exceptions.

1.

Notice of Decision. After the commenting deadline date, if any, and within thirty (30) days of receipt of a completed application, the Director shall approve, conditionally approve, or deny the required exception. The Director of Community Development shall send the applicant a letter stating the reasons for the decision under the authority for granting the exception, as provided by the applicable sections of this chapter. The letter also shall state that the Director's decision is appealable under the provisions of subsection K of this section. Notice of the decision also shall be mailed to all those individuals who received the initial notice to property owners described in subsection E of this section.

2.

Findings. In making a determination, the Director shall be required to make the following findings:

a.

The proposed project will be compatible with properties in the surrounding area, including, but not limited to, scale, mass, orientation, size and location of setbacks, and height.

b.

There will be no significant detrimental impact to surrounding neighbors, including, but not limited to, impacts to privacy, pedestrian and vehicular accessibility, light, and air.

c.

There are practical difficulty which warrants deviation from Code standards, including, but not limited to, lot configuration, size, shape, or topography, and/or relationship of existing building(s) to the lot.

d.

That existing non-conformities will be brought closer to or in conformance with Zoning Code and Building Safety requirements where deemed to be reasonable and feasible.

e.

That the proposed project is consistent with the City's General Plan, the purposes of this title and the zoning district where the project is located, the Local Coastal Program, if applicable, and with any other current applicable policy guidelines.

G.

Additional Criteria—Sections 10.68.030(D) and (E). When making a determination to approve an exception to Sections 10.68.030(D) and (E), the Director shall also require the following criteria to be met, in addition to the findings in subsection (F)(2), as stated above:

New construction must conform to all current Code requirements except as permitted by this Chapter.

2.

Structural alterations or modifications, as regulated by Chapter 10.68, to existing non-conforming portions of structures shall only be allowed as follows:

a.

To comply with Building Safety access, egress, fire protection and other safety requirements (i.e., stairs, windows) as determined to be significant by the Building Official.

b.

For architectural compatibility (i.e., roof pitch and design, eave design, architectural features design) as determined to be necessary by the Director of Community Development.

c.

Minor alterations to integrate a new 2nd or 3rd floor into an existing 1st and/or 2nd floor, as determined to be necessary by the Director of Community Development.

d.

Architectural upgrades, including those associated with construction of new square footage, as determined to be necessary by the Director of Community Development.

e.

Other minor alterations or modifications as determined to be necessary by the Director of Community Development.

3.

A minimum of ten percent (10%) of the existing structure, located above the ground-level floor surface, based on project valuation as defined in Section 10.68.030, shall be maintained.

4.

Parking spaces may remain non-conforming with respect to the number of spaces, except as provided below, as well as the size, consistent with the provisions in Section 10.64.090 Exceptions, which allows a one foot (1′) reduction in dimensions. Other minor parking non-conformities, including but not limited to, garage door width, turning radius, driveway width, and driveway visibility, may remain as determined by the Director of Community Development to be impractical to bring into conformance with Code requirements.

5.

All existing parking, required in accordance with Chapter 10.64, or by the provisions of this Section, shall be retained and shall not be reduced in number or size.

6.

Projects under two thousand (2,000) square feet in area per dwelling unit shall provide a minimum one (1) car fully enclosed garage per dwelling unit.

7.

Projects two thousand (2,000) square feet in area and up to two thousand eight hundred (2,800) square feet per dwelling unit shall provide a minimum two (2) car off-street parking with one (1) fully enclosed garage and one (1) unenclosed parking space per dwelling unit, which may be located in a required yard subject to Director of Community Development approval.

8.

Projects two thousand eight hundred (2,800) square feet in area and up to three thousand six hundred (3,600) square feet per dwelling unit shall provide a minimum two (2) car fully enclosed garage per dwelling unit.

9.

Projects three thousand six hundred (3,600) square feet in area per dwelling unit and over shall provide a minimum three (3) car fully enclosed garage per dwelling unit.

10.

All development on the site which is existing legal non-conforming development for zoning regulations may remain, however non-conformities shall be brought closer to or in conformance with current zoning requirements to the extent that it is reasonable and feasible.

11.

The existing legal non-conforming portions of the structure that remain shall provide a minimum of fifty percent (50%) of the required minimum setbacks, unless there is an unusual lot configuration and relationship of the existing structure to the lot lines for minor portions of the building, then less than fifty percent (50%) of the minimum required setback may be retained.

12.

All development on the site which is existing legal non-conforming for Building Safety regulations shall be brought into conformance with current regulations to the extent feasible, as determined by the Building Official.

13.

After completion of the project(s) that is subject to the Minor Exception approval(s), no further addition(s) shall be permitted unless the entire structure is brought into conformance with the current Code requirements. This shall not preclude the submittal of multiple Minor Exceptions that meet the Code established criteria.

H.

Additional Criteria—Section 10.12.030(T). Interior Lots. When making a determination to approve an exception to Section 10.12.030(T) for a reduction in percentage of additional front yard setback for alterations, remodeling and additions (enlargements) to existing homes if the additional setback area is provided elsewhere, the Director shall also require compliance with the following criteria, in addition to the criteria stated in subsection (F)(2) of this section:

1.

A minimum of three percent (3%) of the additional front setback shall be provided within the front and shall meet the criteria established in Section 10.12.030(T).

2.

The percentage of area that is provided outside of the additional front setback area, as established in Section 10.12.030(T), shall be required to be two (2) times the percentage if it was provided in the front yard {i.e., six percent (6%) required, if three percent (3%) in the front [three percent (3%) balance due] - provide six percent (6%) outside of the front yard equals nine percent (9%) total}.

3.

The area provided outside of the additional front setback area shall be located adjacent to a required setback (i.e., not an interior courtyard).

4.

The area provided outside of the additional front setback area shall meet all of the criteria established in Section 10.12.030(T)(2) through (4).

5.

The proposed project is consistent with the purpose stated in Section 10.12.010(H).

I.

Additional Criteria Section 10.12.030(T)—Corner Lots. When making a determination to approve an exception to Section 10.12.030(T) on corner lots for alterations, remodeling and additions (enlargements) to existing homes if the additional front setback area is provided on the streetside frontage, the Director shall also require compliance with the following criteria, in addition to the criteria stated in subsection (F)(2) of this section:

1.

A minimum of three percent (3%) of the additional front setback shall be provided within the front and shall meet the criteria established in Section 10.12.030(T).

2.

A minimum of three percent (3%) of the additional front setback shall be provided in a location that is largely directly abutting the streetside setback, and the balance of the required eight percent (8%) shall be located adjacent to another required setback (i.e., not an interior courtyard).

3.

The area abutting the streetside setback shall meet all of the criteria established in Section 10.12.030(T)(2) through (4).

4.

The proposed project is consistent with the purpose stated in Section 10.12.010(H).

J.

Conditions of Approval. In approving a minor exception permit, the Director may impose reasonable conditions necessary to:

1.

Achieve the general purposes of this chapter and the specific purpose of the zoning district in which the minor exception will be located, or to be consistent with the General Plan;

2.

Protect the public health, safety, and general welfare; or

3.

Ensure operation and maintenance of the minor exception in a manner compatible with existing uses on adjoining properties in the surrounding area.

K.

Effective Date—Appeals. Unless appealed in accordance with Chapter 10.100 of the Manhattan Beach Municipal Code, a minor exception decision shall become effective after expiration of the time limits for appeal set forth in Section 10.100.030 Manhattan Beach Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1861, Amended, 12/03/92; Ord. No. 1891, Amended, 01/06/94; § 2, Ord. 1951, eff. July 4, 1996; § 5, Ord. 1992, eff. February 18, 1999; § 2, Ord. 2032, eff. May 16, 2002; § 2, Ord. 2050, eff. January 1, 2004; § 3 (part), Ord. 2068, eff. February 4, 2005; § 20, Ord. 2111, eff. March 19, 2008, § 4, Ord. 15-0026, eff. December 3, 2015, § 19, Ord. 16-0029, eff. Dec. 20, 2016, and § 10, Ord. 18-0024, eff. Jan. 18, 2019)