The uses listed in Chapters 21.31 through 21.36 as accessory uses (A) are permitted subject to the development standards for the zone in which the use is located and subject to additional conditions and specifications outlined in this Chapter. If no special conditions are prescribed in this Chapter or in Chapters 21.31 through 21.36, then the use need conform only to the development standards for the zone in which it is located.

(Ord. C-6533 § 1 (part), 1988)

The following are not considered accessory uses:

A.

Additional Dwelling Units. Any use which increases the number of dwelling units in any building or on any lot beyond that permitted in the district, except for accessory dwelling units as described in Section 21.51.276.

B.

Alcoholic Beverage Sales. The sale of alcoholic beverages, whether on or off-site, shall not be considered an accessory use to any use, except department stores and florists, regardless of traditional associations or limited proportion of sales. Alcoholic beverage sales shall always be considered a principal use;

C.

Gun Repairs and/or Sales. Gun repairs and sales are separate principal uses and shall not be considered accessory uses to any use; or

D.

Storage of Inoperative, Dismantled or Wrecked Vehicles in Residential Districts. The storage of more than two (2) inoperative, dismantled or wrecked vehicles shall not be considered an accessory residential land use and shall be prohibited in all residential districts.

(ORD-17-0031 § 10, 2017; Ord. C-7776 § 12, 2001; Ord. C-7047 § 24, 1992; Ord. C-6533 § 1 (part), 1988)

The following conditions and specifications shall apply to the specified accessory uses in all zone districts.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to housing for active senior citizens:

A.

Density shall be limited to that of the R-4-N zoning district at the applicable lot width.

B.

The parking shall be provided as designated in Table 41-1A.

C.

The use shall not abut or adjoin an automobile service or repair use.

D.

The use shall comply with all applicable development standards of the R-4-N zone except for height and setbacks which shall comply with the standards of the district in which the use is located.

(Ord. C-6895 § 31, 1991)

A.

Locations Prohibited. Amusement machines shall not be permitted at locations licensed for the off-site consumption sale of general alcoholic beverages where such machines are located within sixty feet (60′) of the display of such alcoholic beverages.

B.

Restrictions. The following restrictions shall apply to the operation of amusement machines and electronic video games. However, the restrictions shall not apply to jukeboxes, musical apparatuses, baseball batting cages, tennis practice cages, amusement rides, ping pong tables or similar uses.

1.

No more than four (4) amusement machines or video games shall be established at any one (1) site where such machines are permitted as accessory uses.

2.

Persons owning, controlling or managing any amusement machine or video game shall not permit any person under the age of eighteen (18) to operate any such machine between six a.m. and three p.m., Monday through Friday, from September 10 through June 20, except national holidays. Such limitations shall be clearly posted by July 1, 1989, on a sign provided by the Department of Planning and Building, in a location clearly visible to anyone attempting to play any amusement machine or video game.

3.

Amusement machines or video games of an adult nature, as defined in Chapter 21.15 (Definitions) shall not be allowed as an accessory use unless the locational restrictions of Section 21.45.110 (Special Development Standards—Adult Entertainment) are complied with.

4.

All uses with amusement machines or video games, in excess of those allowed above shall remove such amusement machines or video games within ninety (90) days of notification that the video games are nonconforming to these provisions.

(Ord. C-6595 § 14, 1989: Ord. C-6533 § 1 (part), 1988)

The keeping of household pets shall be subject to the following limitations:

A.

Number. A total of not more than four (4) weaned household pets may be kept at one (1) site, unless any of the weaned pets are dogs bred pursuant to a permit issued under Section 6.16.190 of this code, in which case all such weaned dogs may be kept at one (1) site until such dogs have reached the age of four (4) months. This limitation shall not apply to fish, rodents (other than rabbits), or caged birds (provided the birds are not allowed to fly free and are maintained in accordance with all applicable health regulations).

B.

Maintenance. Household pets shall be kept in a manner which does not damage or pose hazards to people or property and which does not generate offensive dust, odors or noise.

C.

Horses. Horses may be kept subject to the provisions of Chapter 21.38 (Horse Overlay District).

D.

Other Animals. Dangerous or wild animals as defined in Section 6.16.030 of the Municipal Code shall not be kept in any residential zone.

(ORD-06-0012 § 5, 2006; Ord. C-7780 § 2, 2001; Ord. C-6533 § 1 (part), 1988)

A restaurant banquet room may be rented for private functions, provided a portion of the restaurant remains open to the public.

(Ord. C-7247 § 33 (part), 1994)

Caretaker's or nightwatchman's residences are permitted accessory uses only if used in direct conjunction with a permitted nonresidential use.

(Ord. C-6533 § 1 (part), 1988)

Catering which involves food preparation shall be permitted as an accessory use only to an existing restaurant. If a catering business does not involve food preparation but instead involves only party planning and counseling, it shall be considered an office use.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to computer, cyber, or internet cafes:

A.

Computer games of an adult nature depicting "specified anatomical areas" or "specified sexual activities", as these terms are defined in Chapter 21.15 (Definitions), shall not be installed on computer terminals or played by customers unless the locational restrictions of Section 21.45.110 (Special development standards - adult entertainment) are complied with; and

B.

If access to adult oriented web sites is allowed, a separate area, up to a maximum of twenty percent (20%) of computer terminals available for public rental, shall be set aside for adult viewing with the computers clearly marked as such and screened from view by minors. All other machines shall be marked prohibiting adult viewing.

(Ord. C-7961 § 3, 2004)

Home automobile and motorcycle repair is an allowed accessory use in all residential districts provided:

A.

Ownership. The automobiles or motorcycles repaired shall be limited to vehicles owned by the residents of the property, and shall be registered and licensed;

B.

Public Right-of-Way. No automobiles or motorcycles shall be repaired on the public right-of-way;

C.

Inoperable Vehicles. Neither inoperable automobiles or motorcycles shall be left overnight in a location that blocks access to required parking spaces;

D.

Paved Area Required. Neither automobiles nor motorcycles shall be repaired on unpaved areas;

E.

Extent of Repair. The automobile or motorcycle repair work shall be limited to minor repair (see Section 21.15.290);

F.

Noise. Neither automobile nor motorcycle repair activities shall violate the City noise ordinance, Chapter 8.80 of the Municipal Code;

G.

Hours. Neither automobile nor motorcycle repair activities shall be conducted between ten (10:00) p.m. and seven (7:00) a.m.;

H.

Wrecked or Disassembled Vehicles. Neither wrecked nor disassembled automobiles or motorcycles shall be parked overnight on a residential property outside of a garage;

I.

Trucks. Neither trucks nor related vehicles in excess of three-fourths (¾) ton carrying capacity shall be repaired at a residence.

(Ord. C-7032 § 49, 1992)

Small family daycare homes are an allowed accessory use. Large family daycare homes are an allowed accessory use, provided:

A.

The prime daycare provider shall reside in the residence;

B.

The daycare provider shall obtain the required State licenses;

C.

No sign shall be displayed other than those signs allowed for all residences as provided in Subsection 21.44.230.B and Table 44-2;

D.

All required parking for the residential use shall be maintained as required for all residents in Sections 21.27.090 and 21.41.170; and

E.

The use shall comply with all City noise regulations (Chapter 8.80).

Neither small nor large family daycare homes are home occupations regulated by Section 21.51.235.

(Ord. C-7032 § 37, 1992; Ord. C-6533 § 1 (part), 1988)

A.

Intent. A home occupation permit is intended for home enterprises that are incidental to the use of the dwelling unit and does not change the principal character or use of the dwelling. The home occupation shall be compatible with surrounding residential uses and not have characteristics associated with the use that would reduce the surrounding residents' enjoyment of their neighborhood. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, the following home-based businesses may be conducted at the site:

1.

Professional Office Uses. A professional office use is a business whose principal product is information, management or design, including but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, consulting, direct sales (incl. internet sales), credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. A professional office use does not include research requiring the use of hazardous materials and equipment;

2.

Instructional Services Uses. An instructional services use is a business whose principal purpose is to provide cognitive instruction or training, including but not limited to, academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. The maximum number of students at any one time shall be limited to six (6);

3.

Home Craft Uses. A home craft use is a business that results in a tangible product including but not limited to, dressmaking, furniture making, toy making and doll making. Additional uses include artistic products such as sculpting, painting, photography and other similar forms of creative works when such works are produced with the intent of gain or benefit for the participant or another person. Conducting a home craft use does not entitle the owner to sell articles manufactured on-site or in a residential zone.

4.

Cottage Food Operations. A cottage food operation is an enterprise at a private home where low-risk food products are prepared or packaged for sale to consumers. A cottage food operation is subject to all State of California Health and Safety Code regulations (AB 1616 Food Safety: cottage food operations).

B.

Requirements. The following standards shall be complied with at all times:

A home occupation permit shall only be issued when all of the following requirements are met and maintained:

1.

No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation, and the number of residents engaged or employed in the home occupation shall not exceed two (2);

2.

No sign shall be displayed in a manner visible from the outside of the dwelling unit. Vehicles with signs identifying the home occupation shall be parked so that they cannot be seen from the public right-of-way;

3.

No mechanical equipment shall be used except that which is necessarily, customarily, or ordinarily used for household or leisure purposes. Such equipment shall not generate noise higher than the noise standards established for the residential uses;

4.

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials shall be used or stored on the site;

5.

There shall be no outside operations, storage or display of materials or projects;

6.

Total storage of materials or products used in the business shall not exceed one hundred twenty-eight (128) cubic feet. There shall be no excessive or unsightly storage of materials or supplies for purposes other than those permitted in the residential district in which it is located. A garage may not be used for operations of the business or storage of materials used in the business and must be maintained for parking of automobiles and similar type vehicles;

7.

The residential appearance of the premises shall not be altered. Creation of a separate entrance to the dwelling or use of an existing entrance exclusively for the business shall not be permitted;

8.

No process shall be used which is hazardous to public health, safety or welfare;

9.

Visitors, customers or deliveries to the dwelling shall not exceed that which normally and reasonably occurs for a residence. Visitors and deliveries shall be limited to not more than two (2) business visitors an hour and eight (8) visitors a day, and not more than two (2) deliveries of products or materials a week;

10.

The home occupation shall not displace or block the use of parking spaces required for the residential use including any business storage in required garage parking areas;

11.

No advertisement shall be placed in any media containing the address of the property;

12.

Not more than two (2) vehicles shall be used in the business. Only one (1) vehicle may be commercially licensed;

13.

When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location;

14.

The home occupation permit shall be valid only for the person to whom it was issued and shall be void when that person moves from the dwelling unit or discontinues the business.

C.

Prohibited Home Occupation Uses. The following uses shall be prohibited as home occupations:

1.

Ambulance service;

2.

Appliance repair;

3.

Automobile repair, parts, sales, upholstery, detailing, washing, service;

4.

Beauty salons and barber shops;

5.

Boardinghouse, bed and breakfast, hotel, time-share unit;

6.

Carpentry, cabinet makers;

7.

Ceramics (kiln of six (6) cubic feet or more);

8.

Churches, religious instruction;

9.

Contractor storage yards;

10.

Food preparation (except cottage food operations per State of California Health and Safety Code regulations (AB 1616 Food Safety; cottage food operations);

11.

Gun sales (including internet) and repair;

12.

Health clubs, gyms, dance studios, aerobic studios, massage;

13.

Limousine or pedicab service;

14.

Medical or dental office;

15.

Mortician, hearse service;

16.

Palm reading, fortunetelling;

17.

Private clubs;

18.

Religious services;

19.

Restaurants, taverns;

20.

Retail sales from site (except direct distribution and internet);

21.

Skin care services;

22.

Tow truck service;

23.

Welding or machine operation;

24.

Upholstery;

25.

Veterinary uses (including care, grooming or boarding);

26.

Any use that requires the use of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials;

27.

Any use that is hazardous to public health, safety or welfare;

28.

Any use that changes the residential characteristic of the residence;

29.

Other uses the Planning Administrator determines to be similar to those listed above, or which by their operation or nature are not incidental to or compatible with residential activities.

D.

Any home occupation which becomes a nonconforming use as a result of revisions to applicable provisions of this Title shall either:

1.

Be brought into legal conforming status; or

2.

Be discontinued and removed within three (3) months of becoming a nonconforming use.

(ORD-13-0027, §§ 1, 2, 2013; ORD-12-0011, § 1, 2012; Ord. C-7047 § 25, 1992; Ord. C-7032 § 38, 1992; Ord. C-6533 § 1 (part), 1988).

Editor's note— Section 2 of ORD-12-0011, adopted June 12, 2012 deleted Table 51-2, Home Occupation Uses, in its entirety, which derived from: Ord. C-7607, § 14, 1999; and ORD-06-0044, § 1, 2006.

A.

Live nude art drawing, or painting and/or classes offering such activity is allowed as an accessory use to a duly licensed art studio or art gallery provided:

1.

Such activity shall not take place at a location that has been licensed by the City as an adult entertainment business.

2.

No alcohol shall be consumed, sold, served or otherwise dispensed during live nude art drawing or painting classes.

B.

The subject matter of this Section shall be reviewed by the Planning Commission five (5) years after the date of enactment.

(Ord. C-7961 § 4, 2004)

A.

The manufacturing of products to be sold on-site in commercial zoning districts shall be clearly accessory to the retail use of the site.

B.

No wholesale sales shall occur on the site.

C.

Noise levels shall not exceed the City noise regulations set forth in Chapter 8.80 (Noise) of the Municipal Code.

D.

The manufacturing process shall not produce pungent or disturbing odors other than those which might originate from a restaurant, retail bakery or similar use; noxious or disturbing air pollutants including smoke and dust; or electromagnetic disturbances.

(Ord. C-6533 § 1 (part), 1988)

Editor's note— ORD-18-0018 § 10, adopted July 10, 2018, repealed § 21.51.243 entitled "Massage therapy," which derived from: rd. C-6895 § 24, 1991; and Ord. C-6595 § 27, 1989.

A.

The outdoor display for sale of flowers, plants, fruits and vegetables shall occur only in conjunction with the sale of the same or related products in a retail store.

B.

The display shall not obstruct pedestrian access and shall not occupy any required parking spaces.

(Ord. C-6533 § 1 (part), 1988)

A.

A pool table is a permitted accessory use only in restaurants, taverns, private clubs and other commercial entertainment uses. It shall not be considered an accessory use in fast-food restaurants.

B.

No more than three (3) pool tables shall be permitted in any one (1) use listed above.

(Ord. C-6533 § 1 (part), 1988)

Recycling containers shall be permitted as an accessory use to a grocery store. Such containers shall not obstruct pedestrian paths and shall not be located within required parking or landscape areas.

(Ord. C-6533 § 1 (part), 1988)

The conditions listed below shall apply to all room rentals. Any room rental use not conforming to these conditions shall be considered a boardinghouse, lodging house, hotel or motel, as applicable, and shall be subject to the requirements for that use.

A.

The owner of the dwelling unit must live in the unit.

B.

The rented room shall not contain more than three (3) plumbing facilities nor a kitchen. Such room shall not contain laundry facilities, a water heater or a wetbar-type sink.

C.

The rented room shall not contain an independent exterior entrance.

D.

The rented room may not be detached from the principal dwelling unit.

E.

Not more than two (2) rooms shall be rented in a single dwelling unit.

(Ord. C-6533 § 1 (part), 1988)

Editor's note— Section 4 of ORD-19-0008 adopted Apr. 23, 2019, repealed § 21.51.275 entitled "Secondary housing units ("granny flats")," which derived from: ORD-17-0031 § 11, 2017; and Ord. C-6533 § 1 (part), 1988.

An accessory dwelling unit ("ADU") is an allowed accessory use on a lot having only one detached single family dwelling (a "primary dwelling") and no other principal uses, or principal buildings or structures. An accessory dwelling unit shall have the provisions described in the definition of ADU (Section 21.15.045 - Accessory Dwelling Unit). Permits for ADUs shall be considered ministerially, without discretionary review or a hearing, with the exception of projects falling under the categories listed in Sections 21.25.903.A and 21.25.903.B. Applications for ADUs in the Coastal Zone that are exempt from the coastal development permit requirement shall be processed according to Section 21.25.906. The Director of Development Services shall approve or deny an application for an ADU within one hundred twenty (120) days after receiving said application. Coastal development permits shall be processed according to 21.25.904. ADUs are subject to the following regulations:

A.

Locations Allowed and Prohibited. Accessory dwelling units shall be allowed in the following locations, except that ADUs shall be prohibited unless fully conforming to the requirements of this Section:

1.

The zoning districts in Table 31-1 where indicated as an allowable accessory use;

2.

A Planned Development District (PD) or Specific Plan (SP), or subarea thereof, that allows residential use at single-family density, subject to the additional restrictions provided in this Section. The Zoning Administrator is authorized to determine if a PD or SP, or subarea thereof, allows for development of an ADU.

B.

Categories of Accessory Dwelling Units. The City hereby provides for the permitting of two categories of accessory dwelling units, as follows:

1.

Limited ADU. A Limited ADU is located in one of the zoning districts in Table 31-1 in which a Limited ADU is indicated as an allowable accessory use, or is located in a Planned Development District (PD) or Specific Plan (SP), or subarea thereof, that allows single-family but not multi-family residential use. A Limited ADU is created solely from the existing floor area of the primary dwelling or an accessory structure. No addition of floor area or expansion of building footprint is allowed when creating a Limited ADU. A Limited ADU is exempt from certain development standards, as provided by this Section; however, any future addition of floor area to a Limited ADU shall require compliance with the provisions of this Section for a Conforming ADU.

2.

Conforming ADU. A Conforming ADU is located in one of the zoning districts in Table 31-1 in which a Conforming ADU is indicated as an allowable accessory use, or is located in a Planned Development District (PD) or Specific Plan (SP), or subarea thereof, that allows single-family residential use.

a.

A Conforming ADU meets one of the following conditions:

i.

Construction of new floor area is proposed to create or expand the ADU; or

ii.

The lot is located in a permitted residential zoning district other than a single-family residential district, whether or not construction of new floor area is proposed.

b.

For a lot where an additional principal dwelling is allowed, a Conforming ADU is not permitted, except that a Conforming ADU may be created through conversion of the floor area of an existing attached or detached accessory structure, which may not be expanded, and such a Conforming ADU may not be created or converted from new or existing floor area of the primary dwelling.

C.

Density. Accessory dwelling units developed pursuant to the requirements of this Section shall not be considered to cause the lot upon which the ADU is located to exceed the allowable density permitted for the lot. For lots not located in a single-family residential zoning district, addition of another principal dwelling unit to a lot is not permitted as long as an ADU is present.

D.

Development Standards. An accessory dwelling unit shall conform to all development standards of the zone in which the property is located, including but not limited to, parking, height limits, setbacks, projections, lot coverage, landscape, open space, and floor area ratio (FAR), except as specifically provided by this Section, and shall be subject to the following standards, and the provisions of Tables 51.276-1 and 51.276-2:

1.

Nonconforming Setbacks. An ADU may be located within an existing, permitted structure with non-conforming setbacks, provided that any new construction of floor area complies with the applicable setback standards. Conversion of an existing detached accessory structure with non-conforming setbacks may include a second floor, provided that any new construction complies with the applicable setback standards and the policies of the City of Long Beach Certified Local Coastal Program (LCP).

2.

Relationship to Other Accessory structures. The gross floor area of an ADU shall not be counted toward the allowable size of accessory structures specified in Section 21.31.245.

3.

Architecture, Design, and Site Planning. An ADU shall be subject to the following criteria for architecture, design, and site planning compatibility:

a.

Exterior modifications to a primary dwelling or accessory building, as well as the construction of a new attached ADU, shall be architecturally compatible with the primary dwelling, including the use of complimentary color palettes, exterior finishes, roof pitch, and other design standards as set forth in Chapter 21.31.

b.

Any garage door(s) shall be removed from a garage or other accessory structure that is converted to an ADU, and the opening shall be treated and finished to match the building per Subsection 21.51.276.D.3.a.

c.

Any window, door, or deck of a second story ADU shall utilize techniques to lessen views onto adjacent residential lots to preserve a reasonable level of privacy of adjacent residents. These techniques may include facing a unit entrance away from an interior property line, use of obscured glazing, window placement above eye level, or screening between properties.

d.

A second story ADU shall be designed to preserve public views of the beach, bay, ocean, or tidelands from public areas in the coastal zone. Techniques, including siting decks to maximize public views of the ocean and using visually permeable guardrails, may be utilized.

e.

Where a driveway abuts an ADU, a landscape area with a depth between eighteen (18) to thirty-six (36) inches shall be provided for the entire width of the driveway, provided that:

i.

The landscape area does not reduce the driveway length below the minimum required in this Section when it serves as the required parking; and

ii.

Existing pedestrian paths and entrances to the ADU and primary dwelling are not negatively impacted, or can feasibly be relocated.

Table 51.276-1
Accessory Dwelling Unit Development Standards

Abbreviations:

ft. = feet

sq. ft. = square feet

N/A = not applicable

GFA = Gross Floor Area, as defined in Section 21.15.1070

Notes:

(a)

See Section 21.51.276.D.1 for existing legal nonconforming setbacks.

(b)

The rear setback shall be measured to the centerline of the abutting alley, where such exists.

(c)

For reverse corner lots, the rear yard setback shall be the same as the side yard setback.

(d)

For sites in PD-11 (Rancho Estates Planned Development District), height is limited to 13 ft., 1 story.

(e)

For a lot where an additional principal dwelling unit is allowed, a Conforming ADU is not permitted, except as provided in Section 21.51.276.B.2.b.

(f)

The accessory dwelling unit's gross floor area shall be calculated in accordance with Section 21.15.1070, and shall be counted toward lot coverage and floor area ratio, and against usable open space.

(g)

Percent of lot area per ADU, to be provided as private or common open space. Usable open space standards of Section 21.31.230 shall apply.

(h)

The open space required for the ADU is in addition to the open space required by Table 31-2A for the primary dwelling.

(i)

For a Conforming ADU, if the existing usable open space provided for the primary dwelling is nonconforming, additional usable open space shall be provided for the primary dwelling to conform with the open space requirements of Section 21.31.230 and Table 31-2A.

(j)

For a site with a primary dwelling of less than 1,280 sq. ft., an ADU up to 640 sq. ft. is permitted.

(k)

The minimum unit size requirements do not establish any exceptions to the maximum unit size allowed.

(l)

The development standards included in the table do not apply in the coastal zone.

Table 51.276-2
Required Parking for Limited and Conforming
Accessory Dwelling Units and Primary Dwellings

Notes:

(a)

The parking required for an ADU is in addition to that required for the primary dwelling.

(b)

An ADU shall be exempt from the parking requirements if any of the following criteria are met:

i.

The ADU is located within one-half (½) mile of public transit.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an existing accessory structure.

iv.

When there is a car share vehicle located within one block of the ADU.

E.

Other Provisions.

1.

Owner Occupants, Sales, Rentals, and Covenants. The following requirements shall apply to all accessory dwelling units:

a.

The owner of the property shall reside either in the primary dwelling or the accessory dwelling unit, unless both the primary dwelling unit and the accessory dwelling unit are rented to the same tenant and such tenant is prohibited in writing by lease or other written instrument from subleasing or otherwise renting the primary dwelling unit or ADU to any other person or entity.

b.

The accessory dwelling unit shall not be sold separately from the primary dwelling.

c.

All required on-site parking for the property shall remain available for the residents of the primary dwelling and accessory dwelling unit, and shall not be allocated to or used by any other person or entity, as required by Section 21.41.209.

d.

The accessory dwelling unit or the primary dwelling may be rented. All rentals shall be for terms of longer than thirty (30) days.

e.

The accessory dwelling unit shall be removed at the expense of the property owner upon violation of Section 21.51.276, or upon cessation of the primary land use as a single-family dwelling, including, but not limited to, addition of another principal dwelling unit, or upon a request by any government agency to remove or vacate the structure due to coastal hazards.

f.

Prior to the issuance of a building permit for the ADU, the owner/applicant shall record a deed restriction in a form approved by the City that restricts the size and attributes of the ADU consistent with this Section, and requires the above restrictions.

2.

Construction of ADU with New or Rebuilt Primary Dwelling. Construction of an ADU in conjunction with construction of a new primary dwelling (including situations in which the primary dwelling is demolished or rebuilt as defined in this Title) is permitted, subject to the applicable provisions of this Section and all other applicable laws, codes, and regulations. When the primary dwelling is demolished or rebuilt, any nonconformities in any existing accessory structures shall be corrected prior to the creation of an ADU on the property.

3.

Rebuilding of Existing Accessory Structure for Conversion. An existing garage or other accessory structure that is converted to an ADU, or above which a new ADU is constructed, may be rebuilt as necessary to comply with building, fire, and other life safety codes without loss of rights to nonconforming setbacks.

4.

Conversion of Nonconforming Second Dwelling Unit to ADU. A nonconforming dwelling unit on a property with no more than two existing dwelling units may be converted to a Conforming ADU, subject to the provisions of this Section and the following:

a.

The converted unit may be exempt from the maximum ADU size limits, provided that:

i.

The unit to be converted to an ADU has a floor area less than the other dwelling unit, which shall become the primary dwelling; and

ii.

The unit to be converted to an ADU is not larger than 1,200 sq. ft.

b.

The property shall be located in a single-family zoning district, or shall be located in an R-2, R-3, or R-4 zoning district and shall have insufficient lot size for more than one dwelling to be permitted per Tables 31-2A or 31-2B; and

c.

Any existing parking (whether garage, carport, or open) for both units shall be retained, and may be rebuilt and reconfigured as necessary to comply with building codes, and may be modified to be made more conforming to the requirements of the Zoning Regulations.

5.

Nonconformity with Loss of Primary Dwelling. In the event that the primary dwelling is destroyed, abandoned, demolished, or otherwise lost, the accessory dwelling unit shall become a nonconforming use, subject to the provisions of Chapter 21.27 (Nonconformities), and shall not be expanded. This nonconformity may be remedied by the re-establishment of a primary dwelling on the property; or by conversion of the ADU to a primary dwelling, subject to all applicable codes, laws, and regulations for a primary dwelling.

6.

Unpermitted Structures. Any structure that is described by Section 21.27.030 shall not be converted or otherwise used in the creation or expansion of an accessory dwelling unit if it cannot first be brought into legal conforming status under the provisions of this Title.

F.

Severability Clause. If any provision, clause or section of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other provision, clause, or section, or application, and to this end the provisions, clauses and sections of this Ordinance are declared to be severable.

(ORD-21-0028 § 7, 2021; ORD-19-0028 § 22, 2019; ORD-19-0008 § 3, 2019; ORD-17-0031 § 20, 2017)

See Special Development Standards 21.45.163 for Safe Parking Sites.

(ORD-20-0026 § 20, 2020)

A shoe-shine parlor is permitted as an accessory use to an existing commercial use on the same site. Shoe-shine parlors shall be located only inside buildings.

(Ord. C-6533 § 1 (part), 1988)

Solar energy collectors are permitted as accessory uses in all districts.

(Ord. C-6533 § 1 (part), 1988)

Materials clearly related to the principal use may be stored indoors on-site subject to the following conditions:

A.

All materials shall be stored in a fully enclosed building, unless otherwise specified by this Title.

B.

Only inventories, supplies and equipment necessary to support the principal use shall be stored.

C.

For an existing residence, chattels may be stored on the property subject to the following conditions:

1.

The storage complies to the provisions of Section 8.76.010 (Property maintenance);

2.

The storage shall not be utilized for a commercial purpose; and

3.

Chattels shall not be stored on top of any vehicle in areas visible to the public rights-of-way.

(Ord. C-6533 § 1 (part), 1988)

Towing shall be allowed as an accessory use to minor and general auto repair uses upon the following conditions:

A.

No vehicles are towed to the site which are not intended to be repaired on the site;

B.

No vehicles are impounded on the site; and

C.

Approval for the towing service is granted by the Police Department.

(Ord. C-7032 § 50, 1992)

An Unattended Donation Box (UDB) is permitted only as an accessory use to an existing nonresidential activity on the same site provided it meets the following standards:

A.

Permit Required.

1.

An UDB permit is required for an unattended donation box (UDB). A permit is not required for UDBs that are enclosed within a principal building or are accessory to a principal activity on a property owned or leased by the box operator. However, all UDBs shall meet all other requirements of Chapter 21.51.294.

2.

The UDB permit shall require the property owner's approval.

3.

The UDB permit applicant shall be the UDB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity.

4.

The UDB permit applicant shall have an active City Business License.

B.

Location.

1.

An UDB shall not be located on a vacant lot.

2.

No UDB shall be located within one thousand feet (1,000') from any other UDB.

3.

A development site located on one (1) or more lot shall be limited to one (1) UDB on the site.

4.

No UDB shall be located within required areas of landscaping, parking spaces, drive aisles, walkways, handicapped accessibility routes, building ingress and egress, easements, trash enclosures or waste disposal areas or the public right-of-way.

5.

UDBs shall have a minimum setback of twenty (20) feet from the public right-of-way and five feet (5') from any property line, or meet the setback requirements of the underlying zone, whichever is greater.

6.

The donation/collection area shall have a clear line of site from the principal building located on the property or the public right-of-way.

7.

UDBs shall be located within ten feet (10') of a dusk to dawn photocell-controlled light source of at least one foot (1') candle. If security is determined to be an issue, a greater foot candle may be utilized, provided lights are directed and shielded to prevent light and glare from intruding onto adjacent sites.

C.

Standards.

1.

UDBs shall be constructed of durable and waterproof materials.

2.

UDBs shall be placed on a paved surface.

3.

Maximum height is six feet (6').

4.

Maximum floor area is twenty-five square feet (25 sq. ft.) (25 x 6 = 150 cubic feet).

5.

UDBs shall have a tamper-resistant locking mechanism for all collection openings.

D.

Signage.

1.

UDBs shall have contact information, including the name, address, email and phone number of both the operator and parcel owner/owner agent, posted on the box in a conspicuous location.

2.

UDBs shall identify the type of material that may be deposited and a pick-up schedule shall be posted on the box.

3.

If applicable, the UDB shall identify the charitable cause that will benefit from the donations and the Federal Tax identification number of the nonprofit organization.

4.

The property containing the UDB shall display a sign not to exceed ten square feet (10 sq. ft.) with text in at least two-inch (2") typeface stating that no material shall be left outside of the UDB. This sign shall be placed in a visually conspicuous location within a radius of twenty feet (20') from the UDB.

E.

Maintenance.

1.

The site shall be maintained to be free of blight, including but not limited to donation/collection overflow, litter, debris and dumped material.

2.

The UDB shall be maintained, free of damage, holes, rust, graffiti and be in good working order.

3.

The UDB shall be serviced per a schedule posted on the UDB. This servicing shall include the removal of donated/collected material and abatement of any blight. Additional pick-ups may be required if overflow or blight conditions are found to exist.

4.

Hours of servicing UDBs shall be between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 10:00 a.m. and 6:00 p.m. on weekends.

5.

The UDB operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints. This contact information shall be posted on the UDB.

F.

Penalty for violation.

If an UDB is found to be in violation of Chapter 21.51.294, and the operator does not remedy the violation upon notification from the City, the UDB can be deemed a public nuisance in accordance with Sections 21.10.080 or 21.10.090 of this Code or an Administrative Citation and penalty may be assessed in accordance with Chapter 9.65 of this Code.

(ORD-18-0003(Emerg.) § 4, 2018)

Vending machines shall be permitted as an accessory use to existing retail sales on a site. Such machines shall not obstruct pedestrian access and shall not be located within any required parking or landscape area.

(Ord. C-6533 § 1 (part), 1988)