The City recognizes that certain types of land use, due to the nature of the use, require additional development standards beyond those specified for the applicable zone district. The additional standards are required to ensure that the use does not adversely impact adjacent uses. This Chapter establishes special development standards for permitted principal uses indicated in Tables 31-1, 32-1, 33-2, 34-1, 35-1 and 36-1 with a "Y" and an asterisk (Y*).

(Ord. C-7629 § 2, 1999; Ord. C-6533 § 1 (part), 1988)

Special development standards shall be required for the use and activities noted as set forth in Section 21.45.110 et seq.

(Ord. C-7378 § 19, 1995; Ord. C-6533 § 1 (part), 1988)

The following special development standards shall apply to adult entertainment businesses, as defined in Chapter 21.15 (Definitions) of this Title:

A.

Location.

1.

Adult entertainment businesses may not be located:

a.

Within three hundred feet (300') of any residential zoning district or residential Planned Development District (specifically excluding mixed-use zones) within the City; or

b.

Within one thousand feet (1,000′) of any public or private school (kindergarten through twelfth grade) located within the City; or

c.

Within six hundred feet (600′) of a City park; or

d.

Within five hundred feet (500′) of a church, as defined in Section 21.15.510 herein; or

e.

Within one thousand feet (1,000′) of any other adult entertainment business, as defined in this Title; or

f.

Fronting upon that portion of Pacific Coast Highway between Hayes Avenue and Termino Avenue, that portion of Anaheim Street between the Long Beach Freeway and Termino Avenue, that portion of Santa Fe Avenue between Anaheim Street and Pacific Coast Highway and that portion of Artesia Boulevard between Paramount Boulevard and Downey Avenue, and that portion of Broadway between Atlantic Avenue and Euclid Avenue. Such areas have been determined by the Long Beach Police Department to experience a high rate of arrests for prostitution, lewd behavior and disorderly conduct. Such determination shall be reviewed in three (3) year intervals, commencing upon October 1, 1997.

2.

All measurements set forth above shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment business to the nearest point on the property line of the residential zone, school or other adult entertainment business, as applicable.

B.

Parking. Adult entertainment businesses shall comply with the parking requirements set forth in Chapter 21.41 (Off-Street Parking and Loading Requirements). The number of parking spaces provided shall be the equivalent of that required for new construction, regardless of the status of the legal nonconforming parking rights of the previous use.

C.

Security. The adult entertainment business shall provide a security system that visually records and monitors all parking lot areas serving the use. All indoor areas of the adult entertainment business shall be open to public view at all times with exception of restroom facilities. "Accessible to the public" shall include those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. Further, the adult entertainment business shall provide security guards, who are State licensed, armed, uniformed and approved by the City of Long Beach Police Department, during all hours of operation. The number of such guards so required shall be determined by the Chief of Police, and such number may be increased at any time by the Chief of Police if it is determined, in the Chiefs discretion, that such increase is necessary to protect the public peace and the surrounding neighborhood.

D.

Displays. The adult entertainment business shall not display any adult oriented material or adult oriented merchandise which would be visible from any location other than from within the premises of the adult entertainment business. This limitation includes newsracks, except as permitted by Long Beach Municipal Code Chapter 14.20 (Newsracks).

E.

Lighting. All areas of the adult entertainment business (except movie and mini-movie theaters) shall be illuminated at a minimum of one (1) foot-candle, minimum maintained and evenly distributed at ground level (excluding those areas shielded by tables and similar obstructions). Parking lot lighting shall comply with the standards set forth in Section 21.41.259 of this Title.

F.

Hours of Operation. An adult entertainment business shall not operate between the hours of twelve (12:00) midnight and nine (9:00) a.m.

(Ord. C-7274 § 4, 1994: C-6684 § 37, 1990; Ord. C-6533 § 1 (part), 1988)

The following special development standards shall apply to Alcohol Beverage Manufacturing (ABM) uses and Accessory Tasting Rooms:

1.

An ABM and accessory tasting room use shall comply with all federal, state and local laws and regulations, including a valid license from the California Alcohol Beverage Control (ABC) Board for the specific type of alcoholic beverage manufacturing occurring on site.

2.

An ABM and accessory tasting room use located in a commercial zone shall not exceed six thousand (6,000) square feet of gross floor area (GFA), unless otherwise permitted by an Administrative Use Permit (AUP).

3.

An ABM use located in a commercial zone may not exceed production of fifteen thousand (15,000) barrels per year.

4.

An ABM use located in a commercial zone must include an accessory tasting room.

5.

An ABM and accessory tasting room may not be located within five hundred (500) feet of the nearest property line of any elementary, secondary, or high school, as measured from the nearest property line of the site on which the alcohol manufacturing use is located, unless located in PD-30 (Downtown Plan), or permitted by Conditional Use Permit (CUP) in accordance with Section 21.52.201.

6.

All production activities shall be located completely within the ABM facility. All on-site storage shall be located within the ABM facility. Off-site storage is permitted in those zoning districts where storage and warehousing is permitted.

7.

The display of alcoholic beverages shall not be located outside of an ABM and accessory tasting room facility.

8.

The ABM and accessory tasting room use shall not be open to the public, except for the following hours:

Manufacturing and Production: 7:00 a.m. - 7:00 p.m. Monday - Saturday.

Accessory Tasting Room (Industrial Zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 10:00 p.m. Friday - Saturday.

Accessory Tasting Room (Commercial Zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 11:00 p.m. Friday-Saturday. Additional hours may be permitted through an Administrative Use Permit (AUP). The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

9.

Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 8:00 a.m. - 6:00 p.m. Monday - Friday and 11:00 a.m. - 6:00 p.m. on Saturday; the use of service trucks for the purposes of loading and unloading materials, ingredients, equipment and finished product shall be prohibited on Sunday.

10.

To the greatest extent feasible, access and loading bays are discouraged from facing toward a street.

11.

The purchase, consumption, tasting and sales of alcoholic beverages shall be limited to only those products produced on site.

12.

Ancillary retail sales shall be limited to only those retail items directly associated with the on-site ABM facility and accessory tasting room.

13.

The ABM use or accessory tasting room shall not charge an admission fee, cover charge or require a minimum purchase.

14.

A sewage plan and all on site infrastructure shall be approved by the appropriate City departments.

15.

The ABM and accessory tasting room use shall comply with Chapter 8.80 "Noise" of the Long Beach Municipal Code.

16.

A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the Chief of Police shall be submitted to and approved by the Police Department prior to the issuing of a Certificate of Occupancy. The video surveillance system shall be installed to assist with monitoring the property on both the interior and exterior. A Digital Video Recorder (DVR), capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than thirty (30) days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors, as well as the business address.

17.

No more than ten percent (10%) of the square footage of the windows and transparent doors of the premises shall be allowed to bear advertising, signs or any other obstructions. All advertising, signage or other obstructions shall be placed and maintained to ensure a clear and unobstructed view of the establishment's interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.

18.

No publicly accessible exterior pay telephones shall be located on the ABM and accessory tasting room use premises.

19.

Tours of the ABM and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively impact adjacent businesses or property owners.

20.

ABM and accessory tasting room uses located adjacent to or across from residential areas shall be restricted from utilizing natural ventilation practices that may negatively impact neighboring residences and may be required to install mechanical air filtration systems to the satisfaction of the Director of Development Services.

(ORD-16-0025 § 2, 2016; ORD-15-0010 § 6, 2015)

Editor's note— ORD-11-0011 § 9, adopted June 7, 2011, repealed § 21.45.115, entitled "Attached/roof mounted cellular and personal communication services", which derived from: Ord. C-7399 § 15, 1996.

The following special development standards shall apply to Amusement/entertainment facilities:

A.

Hours of operation shall be limited to between eight (8:00) a.m. to twelve o'clock (12:00) midnight;

B.

All activities associated with the use shall comply with the standards of the noise ordinance, Chapter 8.80 of the Municipal Code;

C.

Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions;

D.

The operator of the use shall provide night lighting and other security measures to the satisfaction of the Chief of Police;

E.

Exterior lighting shall not intrude on surrounding properties;

F.

The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking;

G.

A security plan, including a video surveillance system, exterior lighting plan, noise, litter, loitering, crowd control and parking to the satisfaction of the Chief of Police shall be submitted to and approved by the Police Department prior to the issuing of a Certificate of Occupancy;

H.

If the use contains a mixture of indoor and outdoor uses, the total square footage of each use shall be calculated together, and the more restrictive review process shall apply;

I.

Each indoor and outdoor use shall comply with the parking requirements set forth in Chapter 21.41; and

J.

If the use proposes to deviate from the special development standards, an Administrative Use Permit or a Conditional Use Permit shall be required.

(ORD-19-0028 § 34, 2019)

The following special development standards shall apply to check cashing, pay day loan, car title loan, signature loan, and other financial service businesses:

A.

Conditional Use Permit. Required Findings for check cashing, pay day loan, car title loan, signature loan, and other financial service businesses are found in Section 21.52.212.

B.

Pay Phones. Exterior phones, security bars and roll up doors shall be prohibited, and any existing pay phones shall be removed.

C.

Window Signage. Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions.

D.

Maintenance. All yard areas shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences, and the perimeter of the site (including all public parkways).

E.

Signage.

1.

All nonconforming signs and pole signs shall be removed, including roof signs regulated under Section 21.44.710.

2.

All on-site signage shall be brought into compliance with the Long Beach Municipal Code, Chapter 21.44, removed, and/or improved to the satisfaction of the Site Plan Review Committee.

3.

Each check casher shall post a list of fees in English, Spanish, Tagalog, and Khmer at the cashier/check stand using a letter height not less than one-half (½) inch in height.

F.

Landscaping.

1.

All parking and landscaping areas on the property shall be improved and brought into compliance with the Long Beach Municipal Code by paving and striping parking areas and adding drought tolerant, native trees and shrubs.

2.

All landscaping shall be permanently irrigated with a twenty-four (24) hour/seven (7) day electronic or solar powered time clock.

G.

Lighting. Lighting shall be provided, including glare shields, in accordance with Chapter 21.41, in a relatively even pattern and in compliance with California Title 24 Energy requirements.

H.

Security.

1.

Interior and exterior video security cameras shall be installed at the front and rear of the business with full view of the public right-of-way and any area where the operator provides parking for its patrons. The cameras shall record video for a minimum of thirty (30) days and be accessible via the internet by the Long Beach Police Department (LBPD).

2.

A Public Internet Protocol (IP) address and user name/password to allow LBPD to view live and recorded video from the cameras over the Internet are also required. All video security cameras shall be installed to the satisfaction of the Police Chief, Director of Technology Services, and Director of Development Services.

I.

Building Improvements.

1.

All building facades shall be improved with new paint, roofing materials, and windows to the satisfaction of the Site Plan Review Committee.

2.

New canopies or architectural projections shall be incorporated to the satisfaction of the Planning Commission and/or Site Plan Review Committee.

(ORD-13-0018 § 19, 2013)

Open storage or storage of recreational vehicles is permitted outdoors provided the following standards are complied with:

A.

Building Required. A building containing not less than three hundred (300) square feet of floor area shall be provided on the same parcel or an adjacent parcel associated with the same business. The building shall contain, at a minimum, employee restroom facilities and private office space for the business.

B.

Location. Storage shall not be located within required yard areas or on required parking areas.

C.

Site Plan Review Required. Before any construction or improvement begins, or new business license is issued to a new business licensee, or any licensed location expanded, complete site plans shall be submitted to and approved by the Planning and Building Department through the site plan review process. The site plan shall show the location and design of all buildings, structures, signs, lights, fences and landscaping.

D.

Screening. All open storage shall be screened by a solid wall of minimum height eight feet (8′). Material being stored shall not be visible above the wall.

(Ord. C-6533 § 1 (part), 1988)

Findings required. A decision-maker shall not grant a conditional use permit or other approval for a drive-through facility without finding:

A.

Said facility has adequate vehicle queuing distance, including with due consideration for menu board location, clear of any adjacent public right-of-way, and shall not create any vehicular or pedestrian travel hazards as demonstrated in a traffic study prepared to the satisfaction of the Director of Development Services.

B.

That the project substantially conforms with the purpose, intent and provisions of the General Plan, any applicable Specific Plan or Planned Development District, overlay, design guidelines, or other applicable regulation.

C.

That the location and design of the facility is compatible with surrounding existing uses, includes a prominent main entrance at street or lot frontage, attractive landscaping, and includes sufficient pedestrian amenities, and interior floor area.

D.

The said facility includes sufficient emissions controls to prevent idling vehicles, tunneling of emissions, and associated impacts on employees, visitors, and nearby sensitive receptors.

E.

That said facility includes buffering sufficient to control any spillover impacts, including but not limited to noise, light, and debris that may impact surrounding sensitive receptors.

F.

That said facility, if located within 150-feet of a residential zone, includes appropriate limits on hours of operation of the drive-through. Hours of operation for dine-in or take-out customers shall not be limited.

G.

That said facility is not located in an area of existing overconcentration of drive-through facilities and is not located within a 500-foot radius of a school or park unless mitigating factors exist.

H.

That development of the subject property shall not otherwise be suitable or necessary for more-intensive development that would advance the City's housing and economic goals, as described in the General Plan and Economic Blueprint.

(ORD-19-0016 § 8, 2019; Ord. C-7607 §§ 4, 8, 1999; Ord. C-6533 § 1 (part), 1988)

Emergency shelters shall be developed according to the following limitations:

A.

Maximum number of beds. One hundred fifty (150) beds per facility. Additional beds may be permitted through the Conditional Use Permit (CUP) process (Minor CUP required).

B.

Proximity to other shelters. No limit.

C.

Length of stay. Maximum of ninety (90) days.

D.

Off-street parking standards. Given the nature of the use, off-street parking shall be provided only for office space in the shelter, at the same rate as that required for general professional office use, as specified in Chapter 21.41. Additionally, one (1) loading space compliant with the standards of Chapter 21.41 shall be provided for each twenty-five (25) beds or portion thereof.

E.

Size and location of exterior and interior waiting and drop-off:

1.

An adequately-sized waiting and drop-off area, for the sheltered persons and their personal effects, shall be provided at each emergency shelter facility. This area may be either on the exterior or the interior of the building. If exterior, this area shall not abut or adjoin a public sidewalk or right-of-way unless separated by a fence at least four (4) feet tall.

2.

Said waiting/drop-off area shall comply with all requirements of the applicable Building Codes relating to such a use or occupancy.

3.

Exterior waiting shall be permitted for no more than one (1) hour prior to the opening and one (1) hour after the closing of the facility each day.

F.

Security and lighting.

1.

For an emergency shelter with ten (10) or more beds, an adequate number of on-site security guards shall be present during the waiting/drop-off periods before opening and after closing.

2.

For an emergency shelter with twenty-five (25) or more beds, an adequate number of on-site security guards shall be provided at all times when the shelter is operating.

3.

Exterior lighting shall be provided at each facility as directed by the Chief of Police.

4.

Other security measures, such as security cameras and recorders, security gates, or other necessary requirements, shall be provided as directed by the Chief of Police.

G.

Provision of on-site management. All emergency shelter facilities shall have on-site management present at all times when the shelter is operating, and during the periods when sheltered persons are waiting before opening and after closing of the facility.

(ORD-13-0004 § 2, 2013)

The following special development standards shall apply to businesses involving indoor animal adoption and boarding uses by right or requiring an Administrative Use Permit:

A.

Location. The site shall not adjoin or abut a residential use district. Planned Development Districts allowing ground floor mixed-use commercial and residential are exempt from this requirement.

B.

Size. Adoption and boarding areas shall remain an accessory component of the established primary operation and shall not exceed fifty percent (50%) of the gross floor area.

C.

Building Improvements.

1.

The facility shall be improved with sound abatement measures to ensure compliance with the noise ordinance, Chapter 8.80 of the Long Beach Municipal Code. Written documentation by a licensed acoustical engineer shall be provided to demonstrate compliance with the noise ordinance, subject to the approval of the Director of Development Services or designated staff.

2.

Impervious flooring surfaces and floor drains shall be incorporated in the areas dedicated for recreation or boarding of animals. Operations involving the care of cats are exempt from providing floor drains.

3.

Facilities shall be temperature-controlled with a heating, ventilation and air conditioning (HVAC) system. Ventilation and exhaust systems shall conform to the latest edition of the California Mechanical Code and California Building Energy Efficiency Standards for Residential and Nonresidential Buildings, as adopted and amended by Chapter 18.36 of the Long Beach Municipal Code, or as otherwise required by applicable provisions of the California Health and Safety Code.

4.

Facilities incorporating the handling, preparation, or sale of food or beverages shall be designed in accordance with Title 8 of the Long Beach Municipal Code and applicable provisions of the California Health and Safety Code.

D.

Operations.

1.

All business activities must be confined within an enclosed building.

2.

Operations and care of animals shall be in compliance with Title 6 of the Municipal Code.

3.

The number of animals shall be limited to a minimum area of seventy-five (75) square feet of floor area per animal.

4.

The operator shall clean all recreational and boarding areas daily and properly dispose of associated animal waste.

(ORD-19-0028 § 35, 2019)

The following special development standards shall apply to businesses involving outdoor animal daycare services by right or requiring an Administrative Use Permit:

A.

Review Process. An Administrative Use Permit (AUP) shall be required to allow public review and the opportunity to establish appropriate conditions of approval for the operation.

B.

Separation distance. Outdoor dog animal daycare uses shall be at least two hundred (200) feet from the nearest property zoned or used for residential purposes.

C.

Attendant Required. Staff shall be in the outdoor area whenever animals are in the outdoor area.

D.

Limitation on the number of animals. The number of animals permitted in the outdoor area shall be limited in accordance with the standards set by the American Society for the Prevention of Cruelty to Animals (ASPCA) with a minimum of seventy-five (75) square feet of floor area per animal.

E.

Fencing. Opaque fencing shall be required to screen all outdoor areas from adjacent uses and subject to the height requirements of Chapter 21.43 of the Long Beach Municipal Code.

F.

Landscaping. Landscaping shall be provided adjacent to the outdoor fencing to allow for planting.

G.

Hours of operation. Outdoor animal daycare hours of operation shall be limited to between seven (7:00) a.m. and seven (7:00) p.m., Monday through Sunday.

H.

Daily cleaning. The operator shall clean all outdoor areas daily and properly dispose of associated animal waste.

(ORD-19-0028 § 36, 2019)

The sale of flowers and newspapers shall be allowed as open uses according to the following limitations:

A.

The uses allowed are limited to the sale of flowers, potted plants, newspapers, magazines and greeting cards. No other mobile vendor uses are permitted by this provision;

B.

The uses shall obtain a special outdoor sales permit at the zoning counter in the Planning and Building Department prior to issuance of a business license. This permit shall not be issued until compliance with the following provisions has been shown and a fee equal to a sign permit fee has been paid:

1.

A twenty (20) minute curbside parking area shall adjoin the site of the flower cart or newsstand;

2.

A cart or stand shall be located on private property, completely outside of the public right-of-way. An area not less than two-feet-wide (2′) on private property shall be provided on all sides from which merchandise can be viewed in order to allow vendors and customers to stand outside the public right-of-way while transacting business;

3.

All applications shall be accompanied by proof of authorization by the owner of the property; and

4.

Either flowers or newspapers may be sold from either carts or stands. A photograph of the cart or building plans for stands shall be submitted to the Zoning Administrator for review and approval. Approval of the request shall depend upon the cart or stand being clean, neat, of substantial construction and being aesthetically compatible to the location proposed.

(Ord. C-7326 § 25, 1995; Ord. C-7047 § 32, 1992)

A.

Building Required. A building containing not less than three hundred (300) square feet of floor area shall be provided on the same parcel or an adjacent parcel associated with the same business. The building shall contain, at a minimum, employee restroom facilities and private office space for the business.

B.

Location. The vehicles and other display materials shall be set back five feet (5′) from a street and shall not be located in required parking areas.

C.

Surfacing. The entire area used for display purposes shall be surfaced with not less than two inches (2″) of blacktop or equally serviceable hard pavement surface. The surfaced area shall be maintained in good condition.

D.

Landscaping. All street frontage setback areas shall be landscaped in accordance with the provisions of Chapter 21.42 (Landscaping Standards).

E.

Screening. Display of vehicles and garden equipment located along street frontages shall be screened by compact evergreen hedge or alternate landscaping in a manner which screens the undersides of vehicles from public view. Display of other equipment and materials shall be screened by a solid fence of at least six feet (6′) in height.

F.

Wheel Stops. Wheel stops or some other type of protective device shall be provided as necessary to prevent vehicles from damaging fences, walls, buildings or landscaped areas, or from extending across any public or private property lines.

G.

Lighting. All outdoor lights shall be served by underground wiring and shall be shielded from adjacent properties.

H.

Maintenance. Outdoor display areas shall be maintained in a neat and manner nondetrimental to persons working or residing in the vicinity.

(Ord. C-7326 § 26, 1995: Ord. C-6533 § 1 (part), 1988)

A.

Building Required. A building containing not less than three hundred (300) square feet of floor area shall be provided on the same parcel or an adjacent parcel associated with the same business. The building shall contain, at a minimum, employee restroom facilities and private office space for the business.

B.

Open Uses Allowed. Unless otherwise restricted below, vehicle and equipment repair or maintenance may occur in open areas provided that appropriate screening is installed in accordance with the screening requirements of this Section.

C.

Open Uses Prohibited. Painting, except color match testing and sandblasting shall not occur in the open.

D.

Parts and Sales Restriction. Vehicles or equipment parked or stored on the site shall not be used as a source of parts and shall not be sold unless the business is also licensed for vehicle or equipment sales.

E.

Hours of Operation. Outdoor vehicle or equipment repair and maintenance shall occur only between the hours of seven (7:00) a.m. and ten (10:00) p.m.

F.

Noise. Outdoor vehicle or equipment repair and maintenance activities shall not violate the City noise ordinance, Chapter 8.80 of the Municipal Code.

G.

Screening of Work Areas.

1.

Abutting or Adjoining Residential Uses. All property lines which abut or adjoin a district allowing residential uses shall be provided with a solid fence or wall not less than six feet (6′) in height. Fences or walls on property lines abutting or adjoining front yard areas may not exceed three feet (3′) in height.

2.

Across Alley From Residential Use. All property lines which abut or adjoin an alley across which residential uses are allowed shall be provided with a solid fence or wall not less than six feet (6′) in height. However, for security reasons, the fence or wall may contain gates or other open areas, provided the open area does not exceed twenty percent (20%) of the entire fence or wall length. The Director of Planning and Building may accept open decorative fences such as wrought iron in lieu of the solid fence or wall, provided wrecked and disassembled vehicles or work service areas are not visible through the fence.

H.

Screening of Wrecked or Dismantled Vehicles. Any wrecked or dismantled vehicles or equipment parked overnight or stored on a site in the open shall be screened from the street by a solid fence or wall not less than six feet (6′) in height. However, for security reasons, fences which abut alleys or residential streets, or fences which face a major highway, a minor highway or principal street, may contain open fence areas, as long as the open area does not exceed twenty percent (20%) of the entire fence or wall length.

I.

Vehicles Outside Screening. All vehicles or equipment parked or stored outside an area fully screened pursuant to Subsections 21.45.150.G and 21.45.150.H shall be parked or stored in a neat and orderly manner. Vehicles shall be parked parallel to each other and to property lines and/or buildings. Vehicles shall not be wrecked or dismantled; shall have hoods, trunks and doors closed; shall not be dirty or dusty; and shall not be parked or stored on public property or public rights-of-way.

J.

Surfacing. All areas used for open vehicle and equipment repair, parking or storage shall be improved with a fully paved surface and raised concrete curbing not less than six inches (6″) in height.

K.

Curb Cuts. All unused curb cuts shall be closed and replaced with a full height curb and sidewalk. Curb cuts shall not exceed twenty-four feet (24′) in width.

L.

Site Maintenance. All areas visible from public rights-of-way shall be kept clean and orderly in compliance with the provisions of the property maintenance ordinance, Chapter 8.76 of the Municipal Code. All broken, cracked, depressed or damaged curbs and sidewalks shall be repaired. No vehicle or equipment repair use shall allow dirt, grime, oil or any chemicals to drain across the public sidewalk or alley in a manner which stains or discolors the sidewalk or alley.

(Ord. C-7776 § 6, 2001; Ord. C-6533 § 1 (part), 1988)

A.

Purpose. In recognition of the benefits imparted by publicly run post-secondary schools in the City and consistent with the Long Beach College Promise, of which the City is a partner, the City seeks to expand access to post- secondary education.

B.

Development Standards. The following special development standards shall apply to changes of use to establish publicly run post-secondary schools that operate as satellite spaces offering instruction and support functions:

1.

Parking. Parking requirements for a change of use to establish a publicly run post-secondary school shall be waived. Additionally, Sections 21.41.165 and 21.41.315 shall apply.

(ORD-24-0033 § 24, 2024; ORD-20-0018 § 23, 2020)

The following standards shall apply to Interim housing as defined in Chapter 21.15 (Definitions) of this Title:

A.

Types of Interim Housing. Interim housing facilities include, but are not limited to, bridge housing, crisis housing, recuperative care housing, stabilization housing, recovery bridge housing, and emergency shelters.

B.

Coordinated Assessment. A coordinated assessment system should be utilized to increase the efficiency of assisting individuals entering an interim housing facility find the appropriate resources and level of assistance. This will help create a consistent approach to access and deliver services for system components that include, but are not limited to, access centers, bridge housing, crisis housing, homeless prevention, housing location, housing navigation, outreach, permanent supportive housing, rapid re-housing and transitional housing.

C.

Scope of Service. A scope of service shall be outlined for the proposed interim housing use. Supportive services found to be necessary should be provided on-site or clients shall be provided transportation options as needed. The interim housing facility shall accommodate the needs of the proposed residents, including but not limited to, adequate meal capabilities, sanitation facilities, linen and bedding, storage areas for personal belongings, pet accommodation or placement, and any other item or amenity deemed necessary for residents.

D.

On-Site Management. Interim housing case management should be demonstrated at the appropriate level of provider-to-client ratio. On-site management may be present at all times during the operation of the facility.

E.

Accessibility. Interim housing shall be located in an accessible location within one-half (1/2) mile of a transit site.

F.

Parking. Off-street parking requirements shall be based on the applicability to the interim housing use. At a minimum, off-street parking using Chapter 21.41 shall be provided based on the square footage of office space, or based on the number of on-site staff, whichever is greater. In addition, one (1) loading space shall be provided for each twenty-five (25) beds of a facility.

G.

Neighborhood Compatibility. All programming shall take place on site, and not permit any queueing or loitering adjacent or abutting the site. The operator shall keep the abutting area, including the public right-of-way free of litter and debris. Interim housing facilities shall adhere to the standards of the City's Noise Ordinance, Chapter 8.80 of the Municipal Code.

H.

Security. An appropriate level of security shall be provided at the interim housing facility. The number of trained staff responsible for security shall be based on the number of beds provided at the facility. This may include, but is not limited to, the use of security personnel, video cameras, fencing, restricted access points and security

I.

Lighting and other measures to the satisfaction of the Police Chief and Director of Development Services.

(ORD-20-0026 § 18, 2020)

The following special development standards shall apply to interim passive parks as defined in Chapter 21.15 (Definitions) of this Title:

A.

Improvements.

1.

Improvements shall be limited to landscaping, walking paths and irrigation systems.

2.

Park furniture is limited to benches.

3.

Accessory buildings and or structures such as play equipment, tables, fire pits, barbecues, concession stands and public restrooms are not permitted.

B.

Setbacks.

1.

Front. The front setback shall be the same as for a principal structure in the applicable zoning district.

2.

Side. A four foot (4′) side setback is required when abutting a residential district otherwise none is required.

3.

Rear. A ten foot (10′) rear setback is required when abutting a residential district otherwise none is required.

C.

Hours of Operation. Interim passive park hours of operation shall be seven-thirty (7:30) a.m. to dusk.

D.

Trash Receptacles. Adequate trash receptacles shall be provided and maintained for the life of the use.

(Ord. C-7378 § 27, 1995)

A.

Location. Radio and television receiving and transmitting antennas shall be permitted any place on a lot except within the front yard setback area.

B.

Height. Antennas are permitted up to a height of sixty feet (60′) or twenty feet (20′) above a building upon which they are erected, whichever is greater, provided that:

1.

A building permit is obtained to erect the antenna and/or supporting tower;

2.

Any transmitting equipment is used in such a way as to minimize interference with commercial or public radio and television broadcasts.

Nothing in this Title shall authorize the construction, installation or placement of any structure permitted in this Section within the clearances from any electric public utility installation, conductor, line, wire, pole, tower or any other equipment and facilities established by the Public Utilities Commission. Documentation of compliance with these regulations shall be provided with application for a building permit.

(Ord. C-7663 § 37, 1999)

A.

Commercial Uses. In the R-4-H Zone, at grade commercial uses shall be located at property lines fronting on streets. A parking structure may encroach into the required yard area provided the structure is shielded by a street level commercial use along the street frontage. The commercial uses permitted pursuant to this Subsection 21.45.160.A. shall be those and only those permitted in the CL Zone.

B.

Parking Structures. Parking structures may project into a required yard area fronting a street provided that the entire street frontage at ground level contains commercial use, corner cutoffs, driveways, building entrances or landscape amenity areas approved by the Director of Planning and Building.

(Ord. C-6595 § 13, 1989; Ord. C-6533 § 1 (part), 1988)

The following standards shall apply to a Safe parking site as defined in Chapter 21.15 (Definitions) of this Title:

A.

Administrative Land Use Review. The proposed Safe Parking Site shall be reviewed for compliance with required operating conditions.

B.

Case Management. All participants in the Safe Parking Program shall be pre-screened by the operator. Identified service needs and case management shall be provided by the program operator with the intent of providing resources to assist participants into other available programs and/or housing.

C.

Automobiles. All vehicles utilizing the Safe Parking Site must be in working order and not leaking oil or other hazardous materials. Vehicle operators must have valid motor vehicle insurance, driver's license and current vehicle registration.

D.

Capacity. A maximum number of vehicles allowed in the Safe Parking Program shall be determined by the size and location of the Safe Parking Site. Recreational vehicles (RVs) are not allowed unless the parking lot is designed to accommodate oversized vehicles.

E.

Hours of Operation. The recommended Safe parking site hours will be a designated twelve (12)-hour window of time, such as 6:30 p.m. to 6:30 a.m. All vehicles must leave the Safe parking site during nonprogram hours.

F.

Sanitation Facilities. Restroom facilities, including hand washing facilities, will be provided on-site or immediately adjacent to the safe parking lot facility. The number of sanitation facilities required will be determined based on the number of Safe parking participants, but a minimum of at least two (2) facilities shall be provided at each Safe parking site. Adequate trash disposal facilities shall also be provided on-site. If recreational vehicles (RVs) are allowed as part of the Safe Parking Program, appropriate waste disposal facilities shall be provided for such vehicles. No disposal of graywater/blackwater is permitted by participants on or around the site.

G.

Security. Adequate on-site security (twelve (12) hours per day) shall be provided during hours of Safe Parking Site operations.

H.

Noise. The Safe Parking Site shall adhere to the standards of the City's Noise Ordinance, Chapter 8.80 of the Municipal Code. Excessive noise, including noise from vehicles, radios, portable devices, etc. shall be prohibited.

I.

Lighting. The parking lot shall have a level of illumination that is adequate to provide visibility for security purposes.

J.

Spacing. Adequate spacing between parked vehicles shall be provided for privacy. Options include a minimum distance of nine (9) feet between cars, an operational system where parked cars are offset from one another, or a privacy-type screen between vehicles is utilized.

K.

Screening. The Safe parking site shall have durable and attractive screening of the parking lot for privacy and security as deemed necessary.

(ORD-20-0026 § 19, 2020)

A.

A swimming pool or spa may be placed anywhere on a lot except within the front yard setback.

B.

A swimming pool or spa at a single-family home shall be isolated from the home pursuant to Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code of the State of California.

(Ord. C-7663 § 38, 1999)

The following special development standards shall apply to tattoo parlors, whether as a primary or an accessory use:

A.

No new tattoo parlor use shall be located within seven hundred feet (700') of another tattoo parlor, unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 and Section 21.52.273.B.

B.

No new tattoo parlor use shall be located within seven hundred feet (700') of any public or private primary or secondary school, unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 and Section 21.52.273.B.

C.

Tattoo parlors shall operate only between the hours of seven (7:00) a.m. and ten (10:00) p.m., unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 and Section 21.52.273.B.

D.

Service of alcohol, marijuana based substances, or other controlled substance shall not be permitted in conjunction with a tattoo parlor use.

E.

The entrance door and storefront window glazing shall be 100 percent (100%) clear and free of obstructions such as signs, window tinting, shelving, or racks.

F.

"Specified anatomical areas" as defined in Chapter 21.15 (Definitions) shall not be exposed in the publicly accessible areas of the business or viewable from the public right-of-way.

G.

The operator of the approved use shall prevent loitering and loud noises around the subject site during and after the hours of business operation.

H.

A sign stating, "No tattoo service will be provided for anyone under the age of 18," shall be visible at all times on the door of the front entrance.

I.

Lighting shall be placed above all exterior doors. Metal halide or other similar, "white light"-emitting bulbs shall be used to clearly illuminate the tenant address.

J.

The proposed business shall be equipped with an audible burglar alarm system and door/window alarm company contacts for added security.

K.

Security cameras providing full camera coverage of all entries and exits into the building and full camera coverage of all public rights-of-way and private parking areas provided by the business. Cameras must record in color with output of at least four hundred eighty (480) lines resolution. Recordings shall be retained for no less than thirty (30) days on an IP-configurable Digital Recording Recorder (DVR) or digital storage setup with a public IP address. The surveillance system username and password shall be provided to the Long Beach Police Department.

L.

The applicant shall comply with all applicable State, County and City Health and Human Services regulations including, but not limited to the State Safe Body Art Act regarding the establishment and operation of businesses engaged in tattooing, body piercing and permanent cosmetic application.

M.

The property shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences and the perimeter of the site (including all public parkways).

N.

Exterior security bars and roll-up doors applied to windows and pedestrian building entrances shall be prohibited.

O.

Any graffiti found on site must be removed within twenty-four (24) hours of its appearance.

P.

Provisions in 21.45.166.A through P may be appealed to the City's Zoning Administrator, in accordance with Section 21.10.045.

(ORD-18-0013 § 5, 2018)

All required trash receptacles shall be developed according to the following standards:

A.

Minimum Size. Each trash receptacle area shall have adequate area to contain a size appropriate to the demands of the use and to accommodate separation of materials for recycling.

B.

Screening. All trash receptacles shall be enclosed on at least three (3) sides by a solid masonry wall of minimum height five feet, six inches (5'6"). The receptacle shall not be visible above the wall. A visually solid gate shall be provided.

C.

Location. All trash areas shall be located and arranged so as to be readily accessible to those using the trash receptacle as well as to trash pickup vehicles.

D.

Landscaping. All trash areas if visible from a street shall be further screened with a two foot (2') wide landscape strip. The strip shall be planted with shrubs of minimum five (5) gallon size which grow to a height of four feet (4'), with vines planted to the satisfaction of the Director of Planning and Building.

(Ord. C-7663 § 39, 1999)

The following special development standards shall apply to trucking terminal and yards, in all Industrial Zones:

A.

Special conditions for industrial uses, Section 21.52.410 and Standards for outdoor service and repair of vehicles, Section 21.45.150 shall also apply.

B.

Storage. Transport containers used for storing goods, materials, or equipment to be transported by truck, train, or marine vessel may be stored anywhere on a lot, with the exception of any required corner cutoff area. No more than two (2) containers shall be stacked atop one another.

C.

Clean Truck Program. All drayage trucks, as defined in the Clean Truck Program, utilized for trucking business operations shall comply with the Clean Truck Program.

D.

Maintenance. All yard areas shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences and the perimeter of the site (including all public parkways).

E.

Facilities/Restrooms. All trucking terminals and yards shall contain office(s) and restroom facilities that are large enough to accommodate employees and guests. Truck terminals and yards are prohibited on vacant lots.

F.

Landscaping.

1.

A ten foot (10') wide landscaping buffer shall be provided on regional corridors and major arterial streets within the front yard and street side yard setback using drought tolerant plants common to the region.

2.

A five foot (5') wide landscaping buffer shall be provided on minor arterial and collector streets, within the front yard and street side yard setbacks.

3.

A ten foot (10') landscaping buffer shall be provided adjacent to all residentially zoned properties using drought tolerant plants common to the region.

4.

All landscaping shall be permanently irrigated with a twenty-four (24) hour/seven (7) day electronic or solar powered time clock.

G.

Lighting. Lighting shall be provided in accordance with Chapter 21.41 in a relatively even pattern and in compliance with California Title 24 Energy requirements.

H.

Fencing.

1.

A maximum twelve foot (12') in height decorative fence is required at all driveways, parking and loading areas that are visible from the public right-of-way.

2.

An eight foot (8') in height decorative block wall shall be placed on all property lines adjacent to residentially zoned properties.

3.

Chainlink, barbed wire and razor wire fencing are prohibited, except when located atop an eight foot (8') or taller decorative fence on interior property lines, including a public alley.

I.

Truck Queuing, Circulation, Paving and Grading.

1.

Adequate turning radius shall be provided to allow an adequate egress and ingress to the site.

2.

Trucking uses that accept deliveries or transfers from out of State trucks shall provide a minimum of thirty foot (30') wide curb approach.

3.

The site shall be designed to safely accommodate on-site maneuvers of any truck used for the business, and shall permit such trucks to enter and exit the site in a forward direction, thereby avoiding backing from or into a public street, except that trucks may back into a site, but not back into the street on lots less than twelve thousand five hundred (12,500) square feet in size.

4.

No loading or unloading of any materials or trailers shall be allowed on the public right-of-way, including an alley.

5.

Areas utilized for the parking of trucks shall be surfaced with a minimum six inch (6") thick reinforced concrete over compacted grade to ninety percent (90%) relative compaction; or a minimum five inch (5") thick asphalt paving over six inch (6") compacted road base, over compacted grade to ninety percent (90%) relative compaction, to the satisfaction of the Director of Development Services.

6.

The site shall be graded to drain in accordance with City's NPDES requirements and adequate catch basins shall be provided to screen runoff from the site.

7.

Major auto repair associated with a trucking use and subletting to trucking repair businesses shall be prohibited. Minor auto repair associated with a trucking use is allowed as an accessory use.

8.

Dumping of tires, oil, transmission fluids, filters, or any other hazardous materials is strictly prohibited.

(ORD-10-0033 § 2, 2010)

Vending carts shall be allowed as open uses according to the following special development standards:

A.

An administrative use permit shall be required by the City prior to issuance of a business license;

B.

Vending carts are limited to developed nonresidential sites;

C.

No more than two (2) signs, printed or affixed to each cart, which do not exceed two (2) square feet each, shall be permitted;

D.

No sales shall be made to motorists or shall any sales interfere with vehicular traffic;

E.

No vending cart operator shall place or allow to be placed any permanent or temporary fixtures at the location of the vending activity, including, but not limited to, chairs, tables, advertising material or signs not affixed to the carts or storage facilities;

F.

The vending cart shall be prohibited from operating in any landscaped area;

G.

The vending cart shall not be located in any manner that blocks or impedes on-site vehicular or pedestrian circulation;

H.

The vending cart shall not be located in or impede access to any required parking stall or space;

I.

The vending cart may operate during the hours of the retail or office complex, unless the conditions of approval contain more restrictive hours of operation in which case the more restrictive hours shall apply;

J.

All vending carts shall be equipped with trash receptacles of an adequate size and quantity to accommodate all trash and refuse generated by such outdoor vending operation; and

K.

The vending cart operator shall possess a valid Health Department permit if food is prepared or sold.

(ORD-24-0032 § 2, 2024; ORD-24-0003 § 2, 2024; Ord. C-7247 § 32, 1994)

A.

Illegal Uses and Legal Nonconforming Uses. All open commercial uses not specifically permitted by this Chapter shall be prohibited on the effective date of the ordinance codified in this Section as an amendment to the Zoning Regulations, and all legal nonconforming open uses shall be terminated by September 1, 1983.

B.

Permitted Uses. All open commercial uses specifically permitted by this Chapter which do not meet the required provisions shall be brought into compliance on the effective date of the ordinance codified in this Section as an amendment to the Zoning Regulations.

(Ord. C-6533 § 1 (part), 1988)

A.

A green building, also known as a sustainable building, is a structure that is designed, built, renovated, operated or reused in an ecological and resource-efficient manner. Green buildings are designed to meet certain objectives such as protecting occupant health; improving employee productivity; using energy, water and other resources more efficiently; and reducing the overall impact to the environment. The City of Long Beach recognizes the benefit of green buildings and establishes a green building program.

B.

The Leadership in Energy and Environmental Design (LEED) Green Building Rating System created by the U.S. Green Building Council (USGBC) is hereby established as the rating system the City shall use in administering the green building program. Alternative green building systems may be substituted, at the discretion of the Director of Development Services, if the system can be demonstrated to achieve a comparable standard of achievement as LEED.

C.

No building permit shall be issued for the types of projects specified in this Section unless the project meets the level of LEED performance specified in this Section. The Director of Development Services shall have the authority to issue a clearance for all projects subject to the provisions of this Section for LEED compliance. Issuance of clearance shall be based on procedures established by the Director of Development Services.

1.

The following types of projects shall meet the intent of LEED at the certified level:

a.

A new residential or mixed use building of fifty (50) dwelling units and fifty thousand (50,000) gross square feet or more;

b.

A new mixed use, or nonresidential building of fifty thousand (50,000) square feet or more of gross floor area;

c.

The alteration of an existing residential or mixed use building that results in the addition of fifty (50) dwelling units and fifty thousand (50,000) gross square feet or more;

d.

The alteration of an existing mixed use, or nonresidential building that results in the expansion of fifty thousand (50,000) gross square feet or more; and

e.

A new construction or substantial rehabilitation project for which the City provides any portion of funding.

2.

The following type(s) of projects shall obtain LEED silver certification:

a.

A new building on City land consisting of seven thousand five hundred (7,500) square feet or more of gross floor area;

b.

The alteration of an existing building on City land that results in the addition of seven thousand five hundred (7,500) square feet or more of new gross floor area.

D.

A project may be registered with the USGBC to obtain the required LEED certification, or a project may be certified by a third party as meeting the intent of LEED at the level required by this Section.

E.

Projects consisting of multiple buildings on one (1) or several lots shall be evaluated based on total gross floor area or number of dwelling units for the entire building footprint to determine applicability of this Section.

F.

The Director of Development Services shall have the authority to determine if the provisions of this Section apply to a given project in cases of uncertainty.

G.

Each project shall apply for compliance in whichever LEED rating system the Director of Development Services deems most suitable to the project type. The project shall use the version of the rating system in effect at the time the project is submitted for a building permit unless the project developer has elected to register with the USGBC in which case the project may use the rating system version which was in effect at the time the project registered.

H.

If a commitment to LEED gold or higher certification is made, the project may be eligible for flexibility in regard to certain development standards including, but not limited to, usable open space and off-street parking requirements, as determined by the Director of Development Services.

I.

The following development standards shall apply to all projects requiring site plan review:

1.

Canopy trees shall provide shade coverage, after five (5) years of growth, of forty percent (40%) of the total area dedicated to parking stalls and associated vehicular circulation, or paving materials with a solar reflectance index of at least twenty-nine (29) shall be used on a minimum of fifty percent (50%) of paving surfaces dedicated to parking stalls and associated vehicular circulation;

2.

Bicycle parking shall be provided at a minimum of one (1) space for every five (5) residential units, one (1) space for each five thousand (5,000) square feet of commercial building area, one (1) space for each seven thousand five hundred (7,500) square feet of retail building area and one (1) space for each ten thousand (10,000) square feet of industrial building area. Fractions shall be rounded up to whole numbers;

3.

Roofs shall be designed to be solar-ready subject to all applicable state and local construction codes and provide conduit from the electrical panel to the roof; and

4.

A designated area for the collection of recyclables shall be provided adjacent to the area for the collection of waste.

(ORD-19-0032 § 12, 2019; ORD-09-0013 § 5, 2009)

The following special development standards shall apply to adaptive reuse projects, as defined in Section 21.15.064.5:

A.

Land Use. The intent of the adaptive reuse is to allow conversion of existing structures into new land uses that maintain or enhance the character of a neighborhood or district, extend the life of the building, reduce use of new construction materials and reduce construction waste generated, and provide additional employment or housing opportunities in appropriate and compatible locations.

1.

An adaptive reuse project may change an existing building to any Neighborhood Commercial and Residential (CNR) District permitted use with the following exceptions:

a.

Adaptive reuse projects are not allowed in single-family or duplex residential zoning.

b.

Non-residential uses introduced into any multiple-family residential zones through adaptive reuse shall be compatible with the surrounding neighborhood as determined by the Site Plan Review Committee.

c.

No new residential uses shall be introduced through adaptive reuse into any industrial zone.

2.

Any discretionary review, including an Administrative Use Permit or Conditional Use Permit required within the CNR zone for a particular use, is required for an adaptive reuse project.

3.

Any request for a land use not explicitly allowed within the CNR zone as part of an adaptive reuse project shall require an Administrative Use Permit.

B.

Setbacks. Existing principal structures with non-conforming setbacks may remain. Any additions or facade changes involving greater than twenty-five (25) continuous linear feet of exterior wall facing a public right-of-way shall comply with zoning setbacks, unless waived by the Site Plan Review Committee.

C.

Height. Heights of existing buildings shall be exempt from established height limits. The addition of parapets or roof structures, equipment or other enclosures or non-habitable space is allowed. Any new or additional habitable space or floors shall comply with height limits of the underlying zoning district, unless waived by the Site Plan Review Committee.

D.

Residential Unit Size. A minimum dwelling unit size of four hundred fifty (450) square feet and project average of no less than seven hundred (700) square feet shall be provided, unless waived by the Site Plan Review Committee.

E.

Existing Parking. The number of existing parking spaces on-site shall be maintained. A reduction in existing parking may be requested as set forth in Section 21.41.223.

F.

Required Parking in Designated Parking Impacted Areas. Parking for adaptive reuse projects in designated parking impacted areas shall be provided as follows:

1.

Residential parking shall be a minimum of one (1) space per dwelling unit.

2.

Parking for all non-residential uses shall be a minimum of two (2) spaces per every one thousand (1,000) square feet of Gross Floor Area.

3.

In mixed use adaptive reuse projects, the first three thousand (3,000) square feet of non-residential space shall be exempt from parking requirements.

4.

Seventy-five percent (75%) of the minimum required parking shall be provided for assembly, office or retail conversions in mixed use or stand-alone buildings.

5.

Tandem parking shall be allowed up to seventy-five percent (75%) of provided spaces.

6.

Shared parking arrangements shall conform to Section 21.41.222 or Section 21.41.223.

7.

Any request for reduction in parking beyond the minimums in this Subsection 21.45.500.F shall be made in accordance with Section 21.41.223.

G.

Required Parking in General. Parking for adaptive reuse projects outside of designated parking impacted areas shall be provided as follows:

1.

No additional off-street parking shall be required for conversion of a nonresidential building to residential uses.

2.

Parking for all non-residential uses shall be a minimum of one (1) space per every one thousand (1,000) square feet of usable internal space.

3.

In mixed use adaptive reuse projects, the first six thousand (6,000) square feet of non-residential space shall be exempt from parking requirements.

4.

Fifty percent (50%) of the minimum required parking shall be provided for assembly, office or retail conversions in mixed use or stand-alone buildings.

5.

Tandem parking shall be allowed up to fifty percent (50%) of provided spaces.

6.

Off-site or shared parking arrangements shall conform to Section 21.41.222 or Section 21.41.223, as applicable.

7.

Any request for reduction in parking beyond the minimums in this Subsection 21.45.500.G shall be made in accordance with Section 21.41.223.

H.

TDMs required. An Adaptive Reuse project, whether residential or non-residential or mixed-use, that does not meet the parking requirements of this Section, or which is exempt from change of use parking requirements or minimum parking requirements, shall provide the Transportation Demand Management (TDM) measures set forth in Subsection 21.41.223.D, but shall not be required to obtain the Administrative Use Permit (AUP) required by that Section, nor to provide any parking spaces if otherwise exempt. This Subsection 21.45.500.H shall not be construed to create or maintain any minimum parking requirement for an adaptive reuse project.

I.

Other provisions. The adaptive reuse project shall comply with Floor Area Ratio (FAR), Landscaping, Lot Coverage, Open Space, and any other applicable development standards of the underlying zone, unless waived by the Site Plan Review Committee.

(ORD-24-0033 § 25, 2024; ORD-14-0004 § 3, 2014)

The following development standards shall apply to Micro-Unit projects:

A.

Purpose. To develop a pilot program for Micro-Unit projects in areas of the City that are amenity-rich and located near quality public transit systems in accordance with recommendation 3.11 of the City's adopted 29 policy recommendations to address the affordable housing crisis in the City, by developing innovative housing uses and encouraging housing production. This Ordinance establishes a "pilot program" to allow Micro-Unit projects in the Downtown (PD-30) and Midtown (SP-1) areas.

B.

Definition of terms.

"Micro-Unit project" is a development comprised either wholly or partially of Micro-Units.

C.

Land use. Micro-Units proposed in accordance with this Section shall be allowed where residential uses are allowed in PD-30 and SP-1.

D.

Applicability of underlying Planned Development or Specific Plan Regulations. The development standards associated with Micro-Units in this Section shall supersede the development standards as set forth in PD-30 and SP-1.

E.

Micro-Unit size. The minimum Micro-Unit size shall be no smaller in square footage, or contain fewer amenities, than is permitted by the City's current Building Code Regulations.

F.

Open space requirement. Ten percent (10%) of the total lot area shall be provided as minimum common usable open space. A Micro-Unit project's open space must incorporate at least two (2) or more of the following types of common open space amenities:

1.

Communal lounge room on every floor;

2.

Communal kitchen(s);

3.

Rooftop outdoor space with minimum dimensions of twelve foot (12') length by twelve foot (12') width, and a minimum area of one hundred fifty (150) square feet that includes seating areas, landscaping, water features, programmatic features, or other equivalent high-quality rooftop amenities to the satisfaction of the Site Plan Review Committee; or

4.

Usable open space described in Section 21.15.3160.

G.

Required parking. Parking requirements per the parking regulations specified in PD-30 and SP-1 shall apply; however, Micro-Unit projects are eligible for a vehicular parking reduction by incorporating Transportation Demand Management (TDM) strategies that aim to reduce reliance on automobiles and associated congestion and emissions. Subject to the discretion of the Site Plan Review Committee, TDM strategies may include following:

1.

Carpool/vanpool;

2.

Garage lifts (stacked parking);

3.

Unbundled parking (parking spaces are rented or sold separately, rather than automatically included with the rent or purchase price of a residential or commercial unit);

4.

Off-site parking within one thousand (1,000) linear feet walking distance of the property line (a shared parking agreement may be required to the satisfaction of the Site Plan Review Committee);

5.

Joint use (shared parking);

6.

Transit/bicycle/pedestrian system improvements;

7.

Adequately monitored on-street parking rates and time restrictions;

8.

Transit passes (provide free or reduced-price transit passes to Micro-Unit residents or employees). An incentive program could be developed for developers, property managers, and employers to substitute a percentage of required parking spaces. A maximum limit will be determined by the Site Plan Review Committee;

9.

Other proposals.

All parking reduction requirements shall be approved at the discretion of the Site Plan Review Committee, which will determine the appropriate level of parking demand reduction generated by proposed strategies on a project-specific basis; however, a TDM program shall not reduce parking to zero.

Bicycle parking shall be provided at a rate of one (1.0) space for every five (5) Micro-Units. Fractions shall be rounded up to whole numbers.

H.

Other provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, Setbacks, Height, and any other applicable development standards of the underlying Specific Plan or Planned Development District shall be complied with, unless waived by the Site Plan Review Committee, or relief is granted in the form of bonuses, waivers or incentives, through the applicable density bonus regulations in exchange for required percentages of covenanted, restricted affordable units.

I.

Adaptive Reuse. Adaptive Reuse projects that comply with this Section shall not be subject to any density limitations, unit size, or unit mix requirements of applicable Adaptive Reuse provisions.

J.

Existing Dwelling Units. Projects that propose to convert existing dwelling units into Micro-Units shall be prohibited.

K.

Review process. Site Plan Review shall be required pursuant to Chapter 21.25 of this Title for all Micro-Unit projects. If Micro-Units proposed as part of a Micro-Unit project meet the criteria for a Special Group Residence, as defined by Section 21.15.2810, it shall require a Conditional Use Permit, consistent with applicable PD-30 and SP-1 provisions.

L.

Findings. Findings shall be made in accordance with Section 21.25.506 for approval of a Micro-Unit project.

M.

Sunset. The subject provisions allowing and regulating Micro-Units shall remain in effect until a total of five hundred (500) Micro-Units are entitled. At the point at which projects comprising five hundred (500) Micro-Units are entitled, this Section shall automatically sunset and become null and void unless extended by action of the City Council, after review and recommendation by the Planning Commission.

(ORD-20-0048 § 2, 2020)

The following special development standards shall apply to Adult-use cannabis delivery-only dispensaries:

A.

Building Facades. On any industrial or commercial building or tenant space (existing or new) elevation fronting the street, blanks walls in excess of 20 feet (or as specified within the applicable zoning district, whichever is more stringent) shall be prohibited. Facades visible from the street shall incorporate architectural elements such as building plane breaks, three-dimensional elements, transparent, display, doors, changes in color and materials landscaping that result in a building with articulation.

B.

Window coverage. On any commercial or industrial or tenant space elevation fronting the street, standard windows or display windows shall comprise at least twenty-five percent (25%) of the elevation that encompasses the proposed use. Windows along street-facing frontages shall be transparent. Such glass should be clear with an exterior daylight reflectance of not more than eight percent (8%).

C.

Entrances and Lobbies. Delivery-only dispensaries shall have a main entrance that is clearly visible from the public right-of-way. Entrances shall be clear of blockages, landscaping, and any other obstructions. The main entrance shall lead to a lobby used only to retrieve persons into the site and verify access privilege into restricted areas. Entrances into a building or tenant space on the dispensary site shall be locked at all times. Access into the facility and/or restricted areas shall be controlled by the managers and staff of the delivery-only dispensary.

D.

Distribution Area. Each delivery-only dispensaries shall have a specific area designated for the secure transfer of cannabis products between a vehicle and the restricted area.

E.

Storage. Each delivery-only dispensary shall have adequate storage space for all cannabis products. The storage areas shall be for the sole use of each individual permittee and shall not be shared with another delivery-only permittee. Storage areas shall be separated from main entrances and lobbies and must be secured and accessible only to managers and staff of the delivery-only dispensary.

(ORD-24-0025 § 2, 2024)