Manhattan Beach Municipal Code Ch. 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)

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)

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.

2. 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)