Manhattan Beach Municipal Code § 10.60.100 Refuse storage areas

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)

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)

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 forty-five-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.

[Figure]

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)

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:

1. 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 seventy-five 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;

4. 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.

2. 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)

Repealed by § 2, Ord. 2075, eff. July 7, 2005

A. Solar-Assisted Water Heating. To promote energy conservation, installation of plumbing for future solar-assisted 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 short-term 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.

4. 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)

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)

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.