Manhattan Beach Municipal Code Ch. 10.56 Site Regulations—nonresidential 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)

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)

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)

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;

2. 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/Semi-Public (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 off-site 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)