Manhattan Beach Municipal Code § 10.01.040 Organization

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)

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)

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:

1. 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)

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)

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:

[Figure]

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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:

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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)

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)