A.

Initiation. Zone changes and ordinance amendments may be initiated as provided for in Section 21.21.201.

B.

Jurisdiction. The City Council shall have the sole authority to rezone a property or to change the text of the Zoning Regulations. However, the City Council shall not act to rezone property or to change the text of the Zoning Regulations without first receiving a recommendation from the Planning Commission in accordance with this Title.

(ORD-19-0011 § 4, 2019; Ord. C-6533 § 1 (part), 1988)

The process for rezoning property or amending the Zoning Regulations shall be as follows:

A.

Planning Commission. The Planning Commission shall hear all proposals to rezone property or to change the text of the Zoning Regulations and shall recommend positive action on such matters to the City Council. Any action to deny a rezoning request or to change the text of the Zoning Regulations does not need to be transmitted to the Council. However, a recommendation to deny a rezoning may be appealed to the City Council.

1.

Transmittal to City Council. Within sixty (60) days following positive Planning Commission action, the Commission's recommendation shall be transmitted by the Department of Planning and Building to the City Clerk for presentation to the City Council.

2.

Information Required. The transmittal to the City Council shall give the reasons for the Commission's recommendation and shall indicate whether or not the decision was unanimous. In the event the decision was not unanimous, the view of the minority opinion shall also be disclosed.

B.

City Council. Upon receipt of the recommendation of Planning Commission or notice of an appeal, the City Clerk shall set a time for consideration of the matter by the City Council.

1.

Noticing. In addition to giving notice of the hearing as required by Section 21.21.302, the City Clerk shall also notify the Planning Commission through the Director of Planning and Building. The Planning Commission may delegate authority to the Director of Planning and Building to present orally the Planning Commission recommendation.

2.

Council Action.

a.

Change Text of Zoning Regulations or Rezoning Property. City Council action to adopt, revise, or reject any recommendation of the Planning Commission relating to a change in the text of the Zoning Regulations or to rezoning property shall require an affirmative vote of five (5) members of the City Council.

b.

Effect in Coastal Zone. When an approved change in the text of the Zoning Regulations or a rezoning affects properties in the Coastal Zone, the change or rezoning shall be transmitted to the Coastal Commission for a determination of consistency with the certified local coastal program or an amendment thereto. The change in the text or rezoning shall not be effective in the Coastal Zone until after Coastal Commission approval.

(Ord. C-6595 § 6A, 1989; Ord. C-6533 § 1 (part), 1988)

In all cases, the Planning Commission and the City Council shall be required to make the following findings of fact before rezoning a parcel:

A.

The proposed change will not adversely affect the character, livability or appropriate development of the surrounding area; and

B.

The proposed change is consistent with the goals, objectives and provisions of the General Plan; and

C.

If the proposed change is a rezoning of an existing mobile home park, that the requirements of Section 21.25.109 have been or will be fully met.

(Ord. C-6533 § 1 (part), 1988)

The Department of Planning and Building shall take all necessary steps to enable the Planning Commission to hear a proposal within one hundred twenty (120) days of receipt of the request from the City Council, the Planning Commission or a private property owner. Any proposal initiated by the Director of Planning and Building shall be scheduled for Planning Commission hearing at the discretion of the Director of Planning and Building.

(Ord. C-6533 § 1 (part), 1988)

When any rezoning of an existing mobile home park is applied for, in addition to all other requirements of law, the applicant shall provide for the full cost of moving all mobile homes to a new location of the mobile home owner's choice or shall purchase the mobile home from the mobile home owner at fair market value (fair market value shall be determined by a licensed appraiser or realtor, acceptable to both the land owner and mobile home owner). The provision of moving expenses or purchase shall be the choice of the mobile home owner.

(Ord. C-6533 § 1 (part), 1988)

A.

Purpose. The City recognizes that certain types of land use, due to the nature of the use, require individual review. Such review shall determine whether the type of use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development conditions, can be made compatible with surrounding uses. This Division establishes procedures for this review.

(Ord. C-6533 § 1 (part), 1988)

Notwithstanding the provisions of Section 21.21.201 (Application), the right to apply for a conditional use permit shall be limited to affected property owners or their agents. Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standards, a separate standards variance application shall also be required.

(Ord. C-6533 § 1 (part), 1988)

A.

Planning Commission. The Planning Commission shall consider all applications for conditional use permits, except as set forth in Subsection 21.25.205.B., below. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council.

B.

Exceptions. Applications for the minor expansion of an existing conditional use shall be considered by the Zoning Administrator in accordance with the procedures for an administrative use permit as set forth in Division IV of this Chapter. Such minor expansion is limited to twenty-five percent (25%) of the existing use and five thousand (5,000) square feet of building area. Any expansion exceeding this limit shall be considered a new conditional use and shall be subject to the fees and procedures established for a new conditional use. This exception does not apply to the sale of alcoholic beverages (on-premises or off-premises).

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The approval is consistent with and carries out the General Plan, any applicable specific plans such as the local coastal program and all zoning regulations of the applicable district;

B.

The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life;

C.

The approval is in compliance with the special conditions for specific conditional uses, as listed in Chapter 21.52; and

D.

The related development approval, if applicable, is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

(ORD-09-0013, § 1, 2009; Ord. C-7032 § 8, 1992: Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall set the matter for public hearing within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

Conditions required by Division II of Chapter 21.52 may be waived but only if the waiver of those conditions will not conflict with other required findings, provided that conditions necessary for the protection of public health, safety and welfare may not be waived under any circumstances.

(Ord. C-6533 § 1 (part), 1988)

All conditions pertaining to the operation of the use shall be permanently posted, on a form provided by the Director of Planning and Building, at a location clearly visible to the public utilizing the facility. This provision shall apply to all facilities for which a conditional use permit has been issued since May 4, 1979. All uses previously approved shall come into compliance with this requirement within sixty (60) days of being notified of the need to comply.

(Ord. C-6595 § 24, 1989)

All projects for which a conditional use permit is approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-6933 § 42, 1991)

The City recognizes that certain properties, due to their unique size, shape, location or other physical condition, cannot be developed in strict accord with the regulations of this Title. Therefore, this Division establishes guidelines and procedures for the granting of relief from certain provisions in specific situations.

(Ord. C-6533 § 1 (part), 1988)

A.

A variance shall grant relief from specific development standards of the Zoning Regulations and shall be known as a standards variance.

B.

The standards variance procedure shall not apply to situations where the use is not permitted in a zone or the proposed residential density exceeds the maximum residential density permitted in a zone for any given lot size.

(Ord. C-6895 § 5, 1991; Ord. C-6533 § 1 (part), 1988)

A.

The Zoning Administrator shall have the authority to consider and act on requests for variances. The Zoning Administrator may approve, conditionally approve or deny a request. The Zoning Administrator's actions may be appealed to the Planning Commission.

B.

Rather than act on a variance application, the Zoning Administrator may instead refer the application to the Planning Commission for consideration. In such cases, the hearing before the Planning Commission shall be held within ninety (90) days after the filing of the application.

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject standards variance and must be incorporated into the record of proceedings relating to such approval or denial:

A.

The site or the improvements on the site are physically unique when compared to other sites in the same zone;

B.

The unique situation causes the applicant to experience hardship that deprives the applicant of a substantial right to use of the property as other properties in the same zone are used and will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purpose of the zoning regulations;

C.

The variance will not cause substantial adverse effects upon the community; and

D.

In the Coastal Zone, the variance will carry out the local coastal program and will not interfere with physical, visual and psychological aspects of access to or along the coast.

(Ord. C-7032 § 9, 1992; Ord. C-6533 § 1 (part), 1988)

Except as provided in Subsection 21.25.305.B, the responsible hearing body shall hold a public hearing on any variance request within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

In order to streamline the project review process, the administrative use permit procedure is established to allow a simplified review process for projects which have insignificant effects on surrounding properties.

(Ord. C-6533 § 1 (part), 1988)

The administrative use permit process applies only to the following applications:

A.

Minor Expansion of Existing Conditional Use. This applies to uses for which conditional use permits have been previously granted and to legal, nonconforming uses which now require a conditional use permit for the zone districts in which they are located. Such uses may be expanded through approval of an administrative use permit by twenty-five percent (25%) of the existing use, although the expansion may not exceed five thousand (5,000) square feet of additional floor area. Any expansion exceeding these limits shall be considered a new conditional use and shall be subject to the review process established in Division II of this Chapter 21.25 (Conditional Use Permits) This application shall not apply to the sale of alcoholic beverages (on-premises or off-premises).

B.

Change From Legal Nonconforming Use to Another Nonconforming Use. An existing, legal nonconforming use may be changed to another nonconforming use in accordance with the requirements of Section 21.27.070 (Nonconformities - Change in use) through approval of an administrative use permit.

C.

Modification of Permit. Approved special use permits granted during or prior to 1979 may be modified through this process.

D.

Legalization of Illegal Units. For units created prior to 1964, as set forth in Section 21.52.240.

E.

Fences in High Crime Districts. Fence height may exceed three feet zero inches (3'0") in the front yard of residential lots located in high crime areas, through approval of an administrative use permit. (See Section 21.52.231.5 for criteria.)

F.

Uses designated in Tables 31-1 (Residential Use Table), 32-1 (Commercial Use Table), 33-2 (Industrial Use Table), 34-1 (Institutional Use Table) and 35-1 (Park Use Table) or other provisions of this Title as administrative use permit uses.

G.

New construction of a building with five thousand (5,000) square feet or more of floor area in the CNP zone (see Section 21.52.247).

H.

Reduction of parking requirements in accordance with Section 21.41.223.

I.

Other invocations of the Administrative Use Permit process in the Zoning Regulations not listed here.

(ORD-24-0033 § 13, 2024; Ord. C-7729 § 12, 2001; Ord. C-7663 § 4, 1999; Ord. C-7247 § 3, 1994; Ord. C-7032 § 10, 1992; Ord. C-6895 § 6, 1991; Ord. C-6595 § 7, 1989; Ord. C-6533 § 1 (part), 1988)

A.

Zoning Administrator. The Zoning Administrator shall have the authority to consider and act on requests for an administrative use permit. The Zoning Administrator may approve, conditionally approve or deny a request. The Zoning Administrator's actions may be appealed to the Planning Commission.

B.

Planning Commission. Rather than act on an administrative use permit, the Zoning Administrator may instead refer the application to the Planning Commission for consideration. In such cases, the hearing before the Commission shall be held within ninety (90) days of the filing of the application.

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The approval is consistent with and carries out the General Plan, any applicable specific plans such as the local coastal program and all Zoning Regulations of the applicable district;

B.

The approval will not be detrimental to the surrounding community including public health, safety, general welfare, environmental quality or quality of life;

C.

The approval is in compliance with the special conditions for the use enumerated in Chapter 21.52; and

D.

The related development approval, if applicable, is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

(ORD-09-0013, § 2, 2009; Ord. C-7032 § 11, 1992; Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator, or Planning Commission or City Council on appeal, shall set the matter for decision within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

All projects for which an administrative use permit is approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-6933 § 43, 1991)

The site plan review process is established to meet certain community goals which are, among others, to ensure that the highest quality of land planning and design are incorporated into development projects, to ensure that new projects are compatible with existing neighborhoods in terms of scale, style and construction materials, and to ensure the maintenance, restoration, enhancement and protection of the environment.

(Ord. C-6533 § 1 (part), 1988)

A.

Standard. The following projects shall require site plan review:

1.

Residential. The following residential projects require site plan review:

a.

Five (5) or more units as one (1) project. This includes both new construction, as well as additions or adaptive reuse projects. This includes side by side projects by the same applicant where the total of new plus existing units equals five (5) or more;

b.

Construction of a new dwelling unit or an addition greater than four hundred fifty (450) square feet in size to an existing dwelling, located on a lot less than twenty-seven feet (27') in width in the R-1-N, R-1-M, R-2-N, and R-2-A districts;

c.

Any project proposing to utilize the incentive program established for very low and low income households; and

d.

Any residential project proposing to utilize a wing wall.

2.

Commercial. The following commercial projects require site plan review:

a.

New buildings of one thousand (1,000) square feet or more;

b.

Additions of one thousand (1,000) square feet or more to an existing commercial building. However, an addition of up to five thousand (5,000) square feet may be permitted without site plan review if the addition is less than twenty-five percent (25%) of the floor area of the existing building and is not visible from a public way;

c.

Exterior remodeling of a building where the affected area consists of fifty feet (50') or more of building frontage in the CNA, CNP and CNR districts;

d.

Commercial storage uses; and

e.

Attached/roof-mounted cellular and personal communication services.

3.

Industrial or public assembly use. Industrial or public assembly use projects with five thousand (5,000) square feet or more of floor area of new construction, except those located in the IP (Port) zoning district. Projects located in the IP zone shall be exempt from site plan review, except those projects which are located on a major arterial as defined by the Mobility Element of the General Plan.

4.

Adaptive Reuse. Projects involving the reuse of existing spaces, structures or buildings as allowed under California Health and Safety Code Section 17958.11 for joint living and work quarters (live-work) or as allowed in LBMC Chapter 18.63, and subject to the Special Development Standards in LBMC Section 21.45.500.

5.

Project on City land. All new construction projects with building floor area of five hundred (500) square feet or greater except roadway and utility maintenance or improvements.

6.

Sign standards waiver requests. The City recognizes the visual and aesthetic importance that signage has on a development. Not only does signage identify the tenants of a particular space but it helps define and shape the unique architectural character and identity of a project. To this end, this sign standards waiver section has been introduced. The intent of this provision is to allow a greater amount of creativity and flexibility in the creation, design, and application of signage on developments beyond the established sign standards. The following sign projects shall require site plan review:

a.

Individual sign review requests for waiver of established sign standards;

b.

Sign programs as defined in Subsection 21.44.035.B; and

c.

Changeable copy signs.

7.

Project on City land in the coastal zone. All projects involving five hundred (500) square feet or more of land or water area, except roadway and utility maintenance or improvement.

8.

Determination of nonconforming parking rights in area D of the coastal zone. Requests for determination of nonconforming parking rights per Subsection 21.41.226.A.

B.

Conceptual. The following projects shall also be required to apply for conceptual site plan review prior to filing for site plan review:

1.

Residential. Residential projects of fifty (50) or more units;

2.

Commercial, industrial or public assembly. Projects of fifty thousand (50,000) square feet or more of new construction;

3.

Project on City land. Projects of one thousand (1,000) square feet or more of new construction.

(ORD-18-0030 § 5, 2018; ORD-14-0004 § 1, 2014; Ord. ORD-05-0039 § 2, 2005; Ord. C-7729 § 2, 2001; Ord. C-7726 § 1, 2001; Ord. C-7607 § 1, 1999; Ord. C-7550 § 3, 1998; Ord. C-7500 § 2, 1997; Ord. C-7399 § 1, 1996; Ord. C-7326 § 6, 1995; Ord. C-7247 § 4, 1994; Ord. C-7047 § 3, 1992; Ord. C-6684 § 17, 1990; Ord. C-6533 § 1 (part), 1988)

A.

Site Plan Review Committee. The Site Plan Review Committee shall consider all applications for site plan review. The Committee has the authority to approve, conditionally approve or deny a site plan application, provided that the authority to deny is not used to prohibit a permitted use on the property.

B.

Planning commission. The Site Plan Review Committee shall refer specific types of projects to the Planning Commission in accordance with guidelines established by the Planning Commission. Any site plan review referred to the Planning Commission shall be reviewed using the procedures established for public hearing. However, the authority of the Commission shall be limited to the same authority as the Site Plan Review Committee.

C.

Director of Planning and Building. The Director of Planning and Building shall have authority to conduct a conceptual site plan review on major projects. The conceptual site plan review shall result in a written report to the applicant indicating:

1.

Whether site plan review will be done by the Site Plan Review Committee or the Planning Commission;

2.

What other applications and/or reviews are necessary for the project as submitted;

3.

A sequencing and time line for scheduling project reviews;

4.

Identification of issues to be addressed; and

5.

Identification of any pending or in process ordinance changes which may affect the project.

D.

Redevelopment Agency Board.

1.

Design Review in Redevelopment Project Areas. The Board of the Redevelopment Agency shall conduct architectural design review as part of the site plan review process for projects located in redevelopment project areas in accordance with the guidelines established by the Redevelopment Agency Board and the Planning Commission.

2.

Limited Jurisdiction of Site Plan Review Committee and Planning Commission. Following approval of design development materials for a proposed project by the Redevelopment Agency Board, including a preliminary site plan, preliminary floor plans, and preliminary elevations, the Site Plan Review Committee or the Planning Commission shall conduct site plan review. The jurisdiction of this review shall be limited to a determination of compliance with the applicable development standards for the project (including, but not limited to, unit density, setbacks, building height, usable open space, screening of equipment, floor area ratio, landscaping, lot coverage, signage, and off-street parking); coordination of requirements from other City departments; and other requirements as applicable.

3.

Findings. The approval by the Redevelopment Agency Board of design development materials for a proposed project shall be considered when the Site Plan Review Committee or Planning Commission makes findings as required in Section 21.25.506.

(Ord. C-7881 § 7, 2003; Ord. C-6684 § 18, 1990; Ord. C-6533 § 1 (part), 1988)

As shown on Table 21-1, no notification is required for procedures conducted pursuant to this Division.

(Ord. C-6533 § 1 (part), 1988)

The Site Plan Review Committee, or the Planning Commission, may require reasonable conditions of approval on a site plan which may include, but need not be limited to, requirements for:

A.

A revised site plan;

B.

Reduced building height, bulk or mass;

C.

Increased setbacks;

D.

Changes in building material;

E.

Changes in rooflines;

F.

Increased usable open space;

G.

Increased screening of garages, trash receptacles, motors or mechanical equipment;

H.

Increased landscaping;

I.

Increased framing, molding or other detailing;

J.

Change in color; or

K.

Any other changes or additions the committee or commission feels are necessary to further the goals of the site plan review process.

(Ord. C-6533 § 1 (part), 1988)

The Site Plan Review Committee or the Planning Commission shall not approve a site plan review unless the following findings are made:

A.

Development Projects.

1.

The design is harmonious, consistent and complete within itself and is compatible in design, character and scale, with neighboring structures and the community in which it is located;

2.

The design conforms to any applicable special design guidelines adopted by the Planning Commission or specific plan requirements, such as the design guidelines for R-3 and R-4 multifamily development, the downtown design guidelines, PD guidelines or the General Plan;

3.

The design will not remove significant mature trees or street trees, unless no alternative design is possible;

4.

There is an essential nexus between the public improvement requirements established by this ordinance and the likely impacts of the proposed development;

5.

The project conforms with all requirements set forth in Chapter 21.64 (Transportation Demand Management), which requirements are summarized in Table 25-1; and

6.

The approval is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

7.

The project is in compliance with the housing replacement requirements of the certified Local Coastal Program or Section 21.68.040.E of this Chapter, as applicable, and will result in the same or greater number of dwelling units; and in the case of existing affordable dwelling units, that the dwelling units will be replaced at the same or deeper affordability levels.

Table 25-1

Transportation Demand Management Ordinance Requirements

B.

Sign Standards Waiver Requests. Sign standards waiver requests can only be approved when positive findings are made for all of the following:

1.

The proposed sign(s) enhance(s) the theme and/or architectural character of the proposed development and is consistent, compatible, and in scale within the development and/or neighborhood;

2.

The sign design or application is not detrimental to and does not detract from the development or the surrounding community;

3.

The proposed site or development is so unique that the application of standard signage would detract from the project;

4.

For signs located seaward of the first public road inland from sea, the sign design and scale does not:

a.

Obstruct views to or along the coast from publicly accessible places;

b.

Adversely impact public access to and use of the water;

c.

Adversely impact public recreational use of a public park or beach; or

d.

Otherwise adversely affect recreation, access or the visual resources of the coast.

(ORD-23-0036 § 7, 2023; ORD-21-0034 § 2, 2021; ORD-09-0013, § 3, 2009; Ord. C-7881 § 1, 2003; Ord. C-7617 § 1, 1999; Ord. C-7500 § 3, 1997; Ord. C-7326 § 7, 1995; Ord. C-7247 § 5, 1994; Ord. C-6933 § 6, 1991; Ord. C-6533 § 1 (part), 1988)

Action shall be taken within the following number of days of acceptance of a complete application:

1.

Conceptual site plan review: Thirty (30) days.

2.

Site plan review: Sixty (60) days.

(Ord. C-6684 § 19, 1990; Ord. C-6533 § 1 (part), 1988)

A.

Waiver of Specific Standards. During the site plan review, the Site Plan Review Committee may waive development standards for:

1.

Development Projects.

a.

Privacy;

b.

Open space;

c.

Pedestrian access;

d.

Landscaping;

e.

Wrought iron fence height;

f.

Guest parking in projects located outside of a parking impacted area, provided that guest parking is not reduced below one (1) space for each six (6) units, and guest parking for low income units in projects with ten percent (10%) or more low income units;

g.

Tandem parking as valet parking;

h.

Required garage for residential projects of forty (40) units or more at densities of twenty-nine (29) units per acre or less;

i.

Subterranean parking in the front setback;

j.

Courtyard dimensions; and

k.

Setbacks in commercial zones for yards adjacent to residential use may be reduced to ten feet (10') for single-story commercial buildings.

2.

Signage Projects.

a.

Size;

b.

Height;

c.

Location;

d.

Placement;

e.

Number of signs; and

f.

Type of sign.

The Committee or Commission may waive such standards only if it finds such a waiver improves project design. For signs located seaward of the first public road inland from the sea, the Committee or Commission may waive sign standards only if it finds such a waiver improves the project design and does not:

a.

Obstruct views to or along the coast from publicly accessible places;

b.

Adversely impact public access to and use of the water;

c.

Adversely impact public recreational use of a public park or beach; or

d.

Otherwise adversely affect recreation, access or the visual resources of the coast.

3.

LEED Certification. The Director of Development Services may grant a project flexibility with certain development standards provided a commitment to LEED gold or higher certification is made, as set forth in Section 21.45.400.

B.

Limitations. A waiver may or may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to density. Development projects not required to file for site plan review may not apply in order to obtain a waiver for development standards.

(ORD-09-0013, § 4, 2009; Ord. C-7617 § 2, 1999; Ord. C-7500 § 4, 1997; Ord. C-7326 § 8, 1995; Ord. C-7047 § 4, 1992; Ord. C-6933 § 7, 1991; Ord. C-6895 § 7, 1991; Ord. C-6533 § 1 (part), 1988)

For the purposes of the California Environmental Quality Act, site plan review may be considered a categorically exempt project.

(Ord. C-6533 § 1 (part), 1988)

A.

Purpose. The classification of use procedure is established in recognition of the fact that zoning regulations relating to land use do not address every conceivable compatible land use which may be permitted within a given zone district. This procedure allows for the review of land use proposals not specifically permitted or prohibited in a zone district but which may be appropriate uses given their similar characteristics to other permitted uses.

B.

Jurisdiction. The Zoning Administrator shall consider all classification of use applications and shall determine if the proposed use should be a permitted use in the zone under consideration. The Zoning Administrator's determination shall be filed with the Planning Commission for final action. Residential zones shall not be subject to this procedure.

(Ord. C-6533 § 1 (part), 1988)

Any person wishing to determine whether or not a specific use may be permitted in a specific zone district may file an application for classification of use.

(Ord. C-6533 § 1 (part), 1988)

As shown on Table 21-1, no notification is required for procedures conducted pursuant to this Division VI.

(Ord. C-6533 § 1 (part), 1988)

A use shall be determined to be a permitted use in a zone if it is found that:

A.

Permitting the use in the zone will carry out the intent of the zone;

B.

Permitting the use in the zone will carry out the General Plan, including the local coastal plan, when applicable;

C.

The use is not a use specifically listed as a permitted, conditional or prohibited use in another zone generally considered to be less restrictive than the zone under consideration; and

D.

The use is similar in scale, intensity of use and environmental impacts to uses permitted in the zone under consideration.

(Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall hold a public hearing on any request for a classification of use within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall make a written summary of the action. The summary shall include the required findings and shall be transmitted to the Director of Planning and Building, the Planning Commission, the applicant and any person requesting such summary. When the zone under consideration is located in the coastal zone, the summary shall also be transmitted to the Coastal Commission.

(Ord. C-6533 § 1 (part), 1988)

The action to classify a use shall become effective at the end of Planning Commission hearing unless, for projects in the coastal zone, the Executive Director of the Coastal Commission informs the Zoning Administrator that either:

A.

The Coastal Commission did not receive notice of the action at least fourteen (14) days prior to the effective date of the action;

B.

The notice of action was incomplete or inadequate; or

C.

The action is determined to constitute an amendment to the local coastal program.

(Ord. C-6533 § 1 (part), 1988)

After the effective date, the determination to classify a particular use in a zone shall apply to all subsequent requests to establish that same use in that zone.

(Ord. C-6533 § 1 (part), 1988)

The Department of Planning and Building shall maintain a current list of all uses classified in accordance with this Chapter, and the list shall be available to the public.

(Ord. C-6533 § 1 (part), 1988)

The Planned Development (PD) District and Specific Plan (SP) procedures are established to allow flexible development plans to be prepared for certain areas of the City which may benefit from unique or special land use and design controls not otherwise possible under conventional zoning regulations. This Division establishes the procedures for securing the planned development district zone or specific plan zone designation, and for granting a planned development permit or specific plan permit for any project located in a PD or SP district.

(ORD-16-0009 § 2, 2016)

A.

A Planned Development District may only be established by an ordinance specifying, among other things, the goals, objectives, use and development standards for the PD. Such standards shall apply to all development within the PD.

B.

A Specific Plan may only be established by an ordinance or resolution specifying, among other things, the goals, objectives, use and development standards for the SP. Such standards shall apply to all development within the SP.

(ORD-16-0009 § 2, 2016)

In addition to meeting all qualifying standards set forth in Chapter 21.37, and notwithstanding any other provisions of this Title 21, the following procedures shall apply to the establishment or amendment of any Planned Development District or Specific Plan area:

A.

Submission of a Detailed Development Plan. The applicant shall submit a detailed development plan which indicates the use and development concepts within a proposed Planned Development District or Specific Plan zoning area.

B.

Planning Commission Review. The Planning Commission shall review and hold a public hearing on the establishment of or a proposed amendment to a Planned Development (PD) District zone or Specific Plan (SP) zone area. The application shall be heard as a rezoning matter pursuant to the requirements of Division I of this Title. The Planning Commission shall recommend action on the establishment or amendment to the City Council.

C.

City Council. The City Council has the sole and final authority to act on the recommendation of the Planning Commission. If the council approves the Planned Development District or Specific Plan, or amendments thereto, the PD zone or SP area shall be indicated on the official zoning maps of the City by a PD or SP designation and a number indicating the Planned Development District or Specific Plan established. PD or SP numbers shall be assigned chronologically as indicated in Chapter 21.37 (Planned Development Districts and Specific Plans) of this Title.

(ORD-16-0009 § 2, 2016)

Copies of adopted PD or SP ordinances or resolutions shall be available in the Department of Development Services for review or distribution to the public.

(ORD-16-0009 § 2, 2016)

Notwithstanding any other provisions of this Title 21, all development within a PD zone or SP zoning area shall be reviewed pursuant to procedures specified in Division V of this Chapter.

(ORD-16-0009 § 2, 2016)

Special setback lines may be established by ordinance as provided and regulated by this Title. These special setback lines supersede the setback requirements of the particular zoning district in which they are located. The purposes of establishing special setback lines are, among other things, to adjust zoning district requirements to conform to local conditions and existing neighborhood standards and to protect and preserve land for future right-of-way purposes.

(Ord. C-6533 § 1 (part), 1988)

Whenever a special setback line is established in accord with these regulations, the setback area shall be considered a required yard area. The special setback line and setback area shall take the place of the otherwise applicable yard requirements for the zone district, except that when the regular setback of the district is greater than a special setback, the regular setback shall supersede the special setback and be controlling.

(Ord. C-6533 § 1 (part), 1988)

A.

Procedure. Notwithstanding any other provision of this Title 21, the procedure to establish or change a special setback line may be initiated in one (1) of the following three (3) ways:

1.

City Council. The City Council may initiate the procedure by requesting a recommendation and a report on the matter from the Planning Commission.

2.

Planning Commission. The Planning Commission may initiate the procedure.

3.

Petition. Property owners of at least fifty percent (50%) of the street frontage affected may initiate the procedure by filing a petition with the Department of Planning and Building.

B.

Limitations. The minimum frontage that shall be considered in any action to establish or change a special setback line shall be one (1) block face.

(Ord. C-6533 § 1 (part), 1988)

The procedures established in this Title for rezoning shall apply to establishing or changing a setback line.

(Ord. C-6533 § 1 (part), 1988)

A.

Planning Commission. After completing its investigation and holding the required public hearing, the Planning Commission shall file a recommendation and a report with the City Council. The Commission may recommend:

1.

Approval in whole or in part;

2.

Denial in whole or in part; or

3.

Establishment of an alternate special setback line.

However, the Commission may not make recommendations on any property not included in the original action or petition.

B.

City Council. Within sixty days of receiving the Planning Commission's recommendation, the City Council shall act on the recommendation. The Council shall establish or change a special setback line by ordinance.

C.

Notation. Notation shall be made on the official zoning map in applicable areas that a special setback line has been established or changed.

(Ord. C-6533 § 1 (part), 1988)

Structures permitted in, over or under established special setback areas shall be the same as those allowed in the required yard area of the applicable zoning district. However, subterranean parking garages shall not be allowed under special setback areas, unless approved by the City Engineer.

(ORD-19-0028 § 6, 2019; Ord. C-6533 § 1 (part), 1988)

Once a special setback line is established by ordinance, a variance to permit a structure to project into the special setback area may be granted in accordance with and subject to the findings of fact required for a variance as set forth in Division III of this Chapter. However, no variance shall be granted if the encroachment is within a setback established for the protection and preservation of rights-of-way.

(Ord. C-6533 § 1 (part), 1988)

A replacement fence within the special setback area shall not be considered a nonconformity and shall be permitted provided such fence is located in a side or rear yard and provided the fence height does not exceed six feet (6'), six inches (6").

(Ord. C-6533 § 1 (part), 1988)

Coastal development procedures are established to ensure that all public and private development in the Long Beach Coastal Zone is developed consistent with the City's certified local coastal program.

(Ord. C-6533 § 1 (part), 1988)

All properties in the coastal zone are subject to the procedures outlined in this Section. The coastal zone boundaries are indicated on the official zoning map.

(Ord. C-6533 § 1 (part), 1988)

All development in the coastal zone shall be required to obtain either a coastal permit pursuant to Section 21.25.904 or a coastal permit categorical exclusion pursuant to Section 21.25.906. Such approval must be issued prior to the start of development and shall be required in addition to any other permits or approvals required by the City.

A.

Coastal Permit Issued by the Coastal Commission. Developments on tidelands and submerged lands require a permit issued by the California Coastal Commission in accordance with the procedure as specified by the California Coastal Commission.

B.

Coastal Permits Issued by the City. The following categories of projects requires coastal permits in accordance with the procedures set forth in this Division:

1.

Development on the first lot located on, adjacent to, across the street from, or abutting the beach, bay, ocean or tidelands, except minor additions to a single-family residence as specified in Subsection 21.25.901.C (categorical exclusion).

2.

All development projects which require additional discretionary review (such as a conditional use permit, subdivision map or standards variance).

3.

Traffic improvements which do not qualify for categorical exclusion.

4.

Public works projects, excluding traffic improvement projects, with an estimated cost of fifty thousand dollars ($50,000.00) or more.

5.

Any extension of an existing facility into tidelands, environmentally sensitive areas, coastal waterways, public parkland, or within fifty (50) feet of a coastal bluff edge.

6.

Any application for the restriction of short-term rentals pursuant to the provisions and procedures outlined in Chapter 5.77 (Short-Term Rentals) in the certified LCP.

7.

Any application for the legalization of unpermitted dwelling units pursuant to the provisions and procedures outlined in Chapter 21.66 (Unpermitted Dwelling Unit Amnesty Program).

8.

Any application for the conversion of an existing transient residential structure into an interim supportive or transitional housing use pursuant to the provisions and procedures outlined in Chapter 21.65 (Interim Motel/Hotel Conversions) in the certified Local Coastal Program.

C.

Exemptions. The following categories of projects are exempt from the coastal permit requirement. However, a coastal permit categorical exclusion (CPCE) shall be obtained pursuant to the procedures indicated in Section 21.25.906.

1.

Minor additions on existing single-family residences for the first lot located on, adjacent to, across the street from, or abutting the beach, bay ocean or tidelands. Such additions must be less than ten percent (10%) of the existing floor area and shall not create an additional story or loft.

2.

All projects (excluding the above) which are consistent with the Zoning Regulations, Local Coastal Program, applicable water quality standards, best management practices and pollution controls, and which do not require any discretionary review (e.g., conditional use permit, subdivision map).

3.

Traffic improvements which do not:

a.

Alter roadway or intersection capacity by more than ten percent (10%) (except stop signs and stop lights); or

b.

Decrease parking (except by establishing a red curb next to a corner); or

c.

Impair access to the coast.

4.

Public works projects (excluding traffic improvements) with an estimated cost of forty-nine thousand nine hundred ninety-nine dollars ($49,999.00) or less.

(ORD-23-0025 § 1, 2023 ORD-22-0012 § 2, 2022; ORD-20-0025 § 1, 2020; ORD-19-0008 § 1, 2019; ORD-17-0031 § 17, 2017; Ord. C-6533 § 1 (part), 1988)

This Section outlines the procedures for issuing coastal permits. Coastal permits may be considered concurrently with or subsequent to any other procedures required by this Title or the City's subdivision regulations.

A.

Jurisdiction.

1.

Planning Commission. The Planning Commission shall consider all local coastal development permits for developments requiring a tract map, a parcel map, conditional use permit or planned development permit.

2.

Coastal Commission. The Coastal Commission shall consider all coastal permits for projects located below the mean high tide.

3.

Zoning Administrator. The Zoning Administrator shall consider all other local coastal development permits.

B.

Hearing Required. A public hearing shall be required prior to the approval of a local coastal development permit except for local coastal development permits for the legalization of unpermitted dwelling unit(s) in conformance with the requirements of certified Zoning Code Chapter 21.66 (Unpermitted Dwelling Unit Amnesty Program).

C.

Findings Required. Prior to approving a local coastal development permit, the responsible hearing body must find:

1.

The proposed development conforms to the certified local coastal program, including but not limited to all requirements for replacement of low- and moderate-income housing; and

2.

The proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act. This second finding applies only to development located seaward of the nearest public highway to the shoreline.

3.

For an application for a religious assembly use, if an exception or waiver of LCP requirements is sought under Section 21.52.219.8.G, that the exception or waiver allows the minimum deviation from LCP requirements necessary to comply with RLUIPA, and that the decisionmaker has imposed all conditions necessary to comply with all provisions of the LCP, with the exception of the provision(s) for which implementation would violate RLUIPA.

4.

The proposed development is sited, designed and managed to minimize the transport of pollutants by runoff into coastal waters and groundwater, and to minimize increases in runoff volume and velocity from the site which may adversely impact coastal resources or coastal bluff stability. Best Management Practices shall be implemented, as applicable, including but not limited to applicable local, regional, state and federal water quality permits, standards and guidance provided in the LCP, best practices and other measures as may be recommended by the City Engineer.

5.

For an application to restrict short-term rentals in accordance with the provisions and procedures outlined in Chapter 5.77 (Short-Term Rentals) of the certified LCP, the project shall conform with the certified local coastal program, including with the provisions relating to coastal access and recreation. The required findings must include a cumulative impacts analysis informed, at least in part, by monitoring data collected on approved projects that restrict STRs and on STRs throughout the coastal zone. The responsible hearing body shall also find:

(i)

The proposed restriction would not result in the substantial loss of visitor-serving accommodations (i.e., a reduction in available overnight accommodation rooms, including but not limited to short-term rentals, hotels, and/or motels, within ¼ mile of visitor-serving recreational uses, the beach, bay, ocean, or tidelands).

(ii)

The proposed restriction would not result in the loss of lower-cost overnight accommodations. Lower-cost overnight accommodations shall be defined as those charging approximately twenty five percent (25%) less than the statewide average daily room rate or less.

(iii)

The proposed restriction would not result in the net loss of short-term rentals below four hundred twenty-five (425) short-term rental units (both hosted and un-hosted and/or primary or non-primary) historically occurring in the coastal zone.

(iv)

The proposed restriction would be necessary to protect the neighborhood stability, housing access, and would be consistent with the neighborhood character established in the Local Coastal Program (LCP).

6.

For an application to legalize an unpermitted dwelling unit in accordance with the provisions and procedures outlined in Chapter 21.66 (Unpermitted Dwelling Unit Amnesty Program) of the certified Zoning Code, the project shall conform with the certified local coastal program, including habitat protection policies and coastal hazards policies. For dwelling units subject to coastal hazards, the Applicant shall be required to assume the risk of development in a hazardous area.

7.

For an application to convert an existing transient residential structure (i.e., Motel/Hotel) into an interim supportive or transitional housing use in accordance with the provisions and procedures outlined in Chapter 21.65 (Interim Motel/Hotel Conversions) of the certified Zoning Code, the project shall conform with the certified Local Coastal Program, including policies related to the protection of existing lower cost overnight visitor-serving accommodations. Potential impact(s) to visitor-serving accommodations resulting from the temporary conversion shall be avoided or minimized through strategies that include, but are not limited to:

(i)

Reserving a portion of the rooms in the hotel/motel for hotel use at the defined "low cost" rate

(ii)

Limiting the use of the hotel/motel for interim supportive or transitional housing to the winter months, and/or

(iii)

Limiting the term of the coastal development permit. The required findings must include an analysis of historic occupancy rates and the current room rates of the rooms proposed to be converted as compared to the annual statewide average room rate. "Low cost" visitor-serving accommodation rates shall be defined as rates equal to or less than the annual statewide average room rate minus 25%. "Moderate cost" visitor-serving accommodation rates shall be defined as rates between 75% to 125% of the annual statewide average room rate. Findings shall consider the need to maintain and protect existing levels of visitor-serving overnight accommodations, maintaining adequate public coastal access for visitors to the area, and environmental justice. If there will be a loss of existing low or moderate-cost visitor-serving overnight accommodations for a period of one year or more (excluding temporary conversion of low or moderate cost rooms for interim supportive or transitional housing during winter months only) then appropriate mitigation shall include, but not be limited to the following measures:

(i)

Construction of equivalent replacement motel/hotel rooms or other low or moderate cost visitor-serving accommodations at a 1 to 1 ratio; and/or

(ii)

If it is determined to be infeasible to provide replacement rooms on or near the project site within the coastal zone as described in the previous subsection, payment of in-lieu fees adequate to provide full replacement of low or moderate cost overnight visitor-serving accommodations.

D.

Date of Final Location Action. The date of final action is:

1.

The date when the appeal period on all local actions has expired without local appeal;

2.

The date of action on the local appeal(s); or

3.

The date the City is notified by the applicant that the application is approved by operation of law pursuant to Sections 65950 through 65957.1 of the Government Code.

E.

Notice of Final Action. Within seven (7) calendar days of the date of the final local action on a local coastal development permit, a notice shall be sent to the Coastal Commission and to any persons who specifically request such notice by submitting a self-addressed, stamped envelope. The notice shall include the written findings of fact required to approve the local coastal development permit and the conditions imposed on the approval, if the permit is approved. Any notice of final local action shall include the procedures for appeal of the action to the Coastal Commission and an indication as to whether the development is in an appealable area.

F.

Appeals to Coastal Commission. All actions on local coastal development permits located seaward of the appealable area boundary, as determined under Section 21.25.908, may be appealed by an aggrieved person to the Coastal Commission according to the procedures of the Coastal Commission, provided that:

1.

All local appeals of City actions provided for by this Title have been exhausted and no fee was charged the appellant for the appeal; and

2.

The Coastal Commission has not appealed the local action.

G.

Effective Date. A local coastal development permit shall be effective as follows:

1.

Outside Appealable Area. On date of final action;

2.

Within Appealable Area. At conclusion of the twenty-first day after final local action, unless:

a.

Appeal. If a permit is appealed, it shall become effective after action on the appeal by the Coastal Commission.

b.

Failure to Go Notice. If notice to the Coastal Commission is not mailed by the City within seven (7) days after final local action, then the permit shall become effective at the conclusion of the fourteenth day after a complete notice is mailed but no sooner than at the conclusion of the twenty-first day after final local action.

c.

Inadequate Filing. If the Coastal Commission notifies the City and the applicant that notice was not received or distributed in a timely manner or that the notice was not complete or does not adequately describe the development, then the permit becomes effective at the conclusion of the fourteenth day after receipt of such a notice from the Coastal Commission or on the date specified by the Coastal Commission.

(ORD-23-0025 § 2, 2023 ORD-22-0012 § 3, 2022; ORD-20-0025 § 2, 2020; ORD-19-0008 § 2, 2019; Ord. C-6533 § 1 (part), 1988)

This Section establishes procedures for conducting review of by-right land uses and structures to verify that any new or expanded use or structure complies with all of the applicable requirements of this Code.

A.

Applicability. Administrative Land Use Review is required for new or substantial expansions of uses of land or a building, which are: 1) allowed by-right but require compliance with Special Development Standards detailed in Chapters 21.45, 21.51, or 21.52 of this Code; and/or 2) allowed by an existing approved planning application (Site Plan Review, Conditional Use Permit, etc.).

B.

Application. Applications and fees for Administrative Land Use Review shall be submitted in accordance with the provisions set forth in Chapter 21.21.201, Application. The Zoning Administrator may request that the Administrative Land Use Review application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this Code and the requirements and conditions of any applicable planning application approval.

C.

Determination. If the Zoning Administrator determines that the proposed use or building conforms to all the applicable development and use standards, the Director shall issue written notice of the Administrative Land Use Review determination within 30 days of the date of receipt of a completed application. An approved Administrative Land Use Review may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

D.

Exceptions. Administrative Land Use Review is not required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or development code regulations.

E.

Appeals. Administrative Land Use Review decisions are subject to the appeal provisions of Chapter 21.21, Appeals.

(ORD-18-0025 § 14, 2018)

This Section outlines the procedures for processing developments exempt from local coastal permit requirements.

A.

Jurisdiction. The Zoning Administrator, or his designee, shall determine whether a proposed development is exempt, as provided for in Subsection 21.25.903.C of this Chapter.

B.

Means of Determination. Determination that a proposed development is exempt shall be made by checking the proposed development with the certified local coastal program, including all maps, land use designations, implementing zoning regulations and guidelines for exemption.

C.

No Hearing Required. No public hearing or notice shall be required for a project determined to be exempt.

D.

Appeal of Determination. Any person may appeal the Zoning Administrator's determination by requesting a referral of the matter to the Executive Director of the Coastal Commission. If the determination of the Executive Director of the Coastal Commission differs from that of the Zoning Administrator, then the matter shall be resolved by a hearing before the Coastal Commission.

E.

Effective Date. A decision that a development is exempt shall be effective when such a decision is made by the Zoning Administrator, or his designee, unless the decision is appealed.

F.

Records Required. A public record, including the applicant's name, the location and brief description of the development shall be kept for all developments determined to be exempt.

(Ord. C-6533 § 1 (part), 1988)

Only local actions on projects located within the appealable area may be appealed to the Coastal Commission. The determination of whether a project lies seaward of the appealable area boundary shall be made as follows:

A.

Jurisdiction. Determination that a proposed development is seaward of the appealable area boundary shall be made by the Zoning Administrator or his designee.

B.

Means of Determination. Determination shall be made by locating the development on the appealable area boundary map certified as part of the local coastal program.

C.

Appeal of Determination. Any person may appeal the Zoning Administrator's determination by requesting a referral of the matter to the Executive Director of the Coastal Commission. If the determination of the Executive Director of the Coastal Commission differs from that of the Zoning Administrator, then the matter shall be resolved by a hearing before the Coastal Commission.

(Ord. C-6533 § 1 (part), 1988)

The City recognizes that gaining local and public approvals for the development of land can be time-consuming and that, during the process and prior to project completion, applicable local law, including local zoning regulations, may change. Such changes may place applicants in the approval "pipeline" at considerable economic risk. In order to reasonably reduce that risk, while maintaining appropriate opportunities for local agency review and full public input and participation, the process set forth in this Division is established for the purpose of assuring applicants of the continued applicability of certain local laws and regulations, under the terms and conditions set forth in this Division.

(Ord. C-6546 § 2 (part), 1988)

A.

Notwithstanding any provision of Section 21.21.201, the right to apply for a determination of applicable law pursuant to this Division XI shall be limited to affected property owners or their agents designated in writing at the time of application.

B.

The application for a determination pursuant to this Division XI shall include a complete description of the project for which a determination is being sought and shall also set forth an itemization of all permits and other grants of entitlement required by law for such project and an indication that such permits and grants have either been granted or that they are being applied for as a part of the application for determination.

C.

No application shall be deemed complete pursuant to this Section until it has been accepted as complete by the Department of Planning and Building, which Department may require such additional or supplemental information as it considers to be reasonably necessary to enable further processing and full understanding of the application.

(Ord. C-6546 § 2 (part), 1988)

Within sixty (60) days of acceptance of an application for determination as complete under this Division XI, the Zoning Administrator shall set the application for public hearing before the Planning Commission.

(Ord. C-6546 § 2 (part), 1988)

The Planning Commission shall consider all applications for a determination pursuant to this Division XI, and the decision of the Planning Commission shall be final unless the decision is appealed to the City Council in accordance with the provisions of Division V of Chapter 21.21.

(Ord. C-6546 § 2 (part), 1988)

A.

The Planning Commission shall consider any application for a determination of applicable law pursuant to the provisions of this Division XI, and may grant such determination if the application meets all requirements of law including, but not limited to all requirements of this Division XI.

B.

The effect of the granting of a determination pursuant to this Division XI will be to empower an applicant to complete a project, insofar as it is described and permitted under the application, pursuant to the provisions of local law as they existed at the time that a determination granted hereunder becomes final.

C.

No determination granted hereunder shall operate to obviate or make inapplicable any change in local law following the grant of the determination if:

1.

The change in law is outside the scope of the project described and permitted in the application and determination; or

2.

The change in law affects a permit or entitlement that was not described and included, through inadvertence, mistake, or otherwise, in the application and determination; or

3.

It fails, in any way or for any reason, to comply with all requirements of this Division XI or any other provision of law in effect at the time of final grant of determination.

(Ord. C-6546 § 2 (part), 1988)

The Planning Commission, and the City Council on appeal, may grant a determination of applicable law pursuant to this Division XI if, and only if, it first makes, after public hearing, each of the following findings:

A.

The project has been or is approved for site plan review pursuant to Division V of this Chapter 21.25; and

B.

The project complies with all applicable provisions of law, including, but not limited to, all applicable zoning regulations; and

C.

The project has complied, or will comply, with all applicable environmental requirements including those relating to proceedings conducted pursuant to this Division XI;

D.

The project is consistent with the provisions of the zoning district in which it is proposed to be located; and

E.

The project is consistent with the General Plan of the City of Long Beach; and

F.

No amendments to the General Plan, the zoning regulations or the applicable zoning district have been initiated at the time of or prior to the grant of determination which would affect the use, design or lawfulness of the project.

(Ord. C-6546 § 2 (part), 1988)

A.

A determination of applicable law shall be effective for one hundred eighty (180) days following the date upon which the granting of the determination becomes final. Thereafter, the determination shall cease to be of any further force and effect, and the project shall be subject to all applicable local laws as they then or thereafter exist, unless:

1.

Complete drawings and fees are submitted for plan check within the one hundred eighty (180) day period. In such case, the determination shall continue to be effective through the plan check period but in no event longer than one (1) year from the date of submittal to plan check. If a building permit is not issued within one (1) year of submittal to plan check, the determination shall expire. If a building permit is issued within the year, then the determination shall continue for the period during which the building permit is valid and lawfully in full force and effect. To remain valid, construction under the building permit must begin and be completed through the passage of the first inspection within six (6) months of issuance of the building permit. For purpose of this Subsection 21.25.1115.A.1, a foundation permit shall be treated as equivalent to a building permit but grading, demolition, electrical, mechanical or plumbing permits shall not be considered or treated as building permits; or

2.

A time extension request is filed, together with all required fees, prior to the expiration of the one hundred eighty (180) day period. Such an extension shall be heard by the Planning Commission or, on appeal, the City Council and shall be noticed in the same manner as the original hearing. At such extension hearing, the Planning Commission, or on appeal, the City Council may approve the extension if they find the applicant has made a good-faith effort to complete drawings for plan check but was unable to do so because of the size or complexity of the project. Sale or transfer of title of a project shall not be grounds for an extension. No extension shall be granted that will allow the determination to continue more than one (1) year from the date of its first being granted without submittal of the project to plan check.

(Ord. C-6546 § 2 (part), 1988)

The City recognizes that vacant lots, due to their nature, have the potential to create an impression of blight and decay in a neighborhood. In addition to the negative visual impact, vacant lots are a potential source for nuisances (such as trash, debris, and rodents). Thus, as a means of unifying neighborhoods for the purpose of eliminating unsightly vacant lots and enhancing their neighborhood's visual and physical surroundings, community groups may opt to replace them with interim neighborhood serving parks.

(Ord. C-7378 § 26, 1995)

Notwithstanding the provisions of Section 21.21.201 (Application), the right to apply for an interim park use permit shall be limited to affected property owners or their agents. Applications for interim park use permits may be submitted only for playground uses as indicated in the applicable zone district use table. If the proposed project does not comply with an applicable development standards, a separate standards variance application shall also be required.

(Ord. C-7378 § 26, 1995)

The City Council shall consider all applications for an interim park use permit. The decision of the City Council shall be final.

(Ord. C-7378 § 26, 1995)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The proposed use is compatible with the surrounding neighborhood;

B.

The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life; and

C.

The approval is in compliance with the special conditions of approval established for playgrounds as listed in Chapter 21.52.

(Ord. C-7378 § 26, 1995)

The City Clerk shall set the matter for public hearing before the City Council within sixty (60) days of receiving a completed application.

(Ord. C-7378 § 26, 1995)

Conditions required by Division II of Chapter 21.52 may be waived but only if the waiver of those conditions will not conflict with required findings, provided that conditions necessary for the protection of public health, safety and welfare may not be waived under any circumstances.

(Ord. C-7378 § 26, 1995)

All conditions pertaining to the operation of the use shall be permanently posted, on a form provided by the Director of Planning and Building, at a location clearly visible to the public utilizing the facility.

(Ord. C-7378 § 26, 1995)

All projects for which an interim park use permit was approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-7378 § 26, 1995)

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this Division is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

(Ord. C-7639 § 1, 1999)

A.

Act. The Fair Housing Amendments Act of 1988.

B.

Applicant. An individual making a request for reasonable accommodation pursuant to this Division.

C.

Code. The Long Beach Municipal Code.

D.

Department. The Department of Planning and Building of the City of Long Beach.

E.

Disabled Person. Any person who has a physical or mental impairment that substantially limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act or this Division unless they have a separate disability.

F.

Group Home. Refers to any and all facilities which are regulated by the provisions of the California Community Care Facilities Act (Health and Safety Code Section 1500 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code Section 1569) or any alcoholism or drug abuse recovery or treatment facility as defined by Health and Safety Code Section 11834.02 or any successor statutes.

G.

Increased Occupancy. Refers to a request to increase the number of individuals permitted or licensed by State or local law to occupy a group home.

(Ord. C-7639 § 1, 1999)

The Department of Planning and Building shall prominently display in both the Development Services Center and the Planning Bureau a notice advising those with disabilities or their representatives that they may request a reasonable accommodation hearing in accordance with the procedures established in this Division.

(Ord. C-7639 § 1, 1999)

A.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

B.

If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

C.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Department at any time that the accommodation may be necessary to ensure equal access to housing.

(Ord. C-7639 § 1, 1999)

A.

Zoning Officer/Building Official. The Zoning Officer, or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Zoning Officer or Building Official for review and consideration. The Zoning Officer or Building Official shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by certified mail, return receipt requested.

B.

If necessary to reach a determination on the request for reasonable accommodation, the Zoning Officer or Building Official may request further information from the applicant consistent with this Division, specifying in detail what information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant responds to the request.

(Ord. C-7639 § 1, 1999)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record of the proceeding relating to such approval or denial:

A.

The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Act.

B.

The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Act.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

E.

For housing located in the coastal zone, a request for reasonable accommodation under this Section shall be approved by the City if it is consistent with Subsections 21.25.1311.A through 21.25.1311.D above, and the certified Local Coastal Program. Where a request for reasonable accommodation is not consistent with the certified Local Coastal Program, the City may waive compliance with an otherwise applicable provision of the Local Coastal Program and approve the request for reasonable accommodation if the City finds:

1.

The requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified Local Coastal Program; and

2.

There are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified Local Coastal Program.

(Ord. C-7726 § 2, 2001; Ord. C-7639 § 1, 1999)

A.

Within thirty (30) days of the date the Zoning Officer or Building Official issues a written determination, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination.

B.

All appeals shall contain a statement of the grounds for the appeal.

C.

Appeals shall be to the Planning Commission who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

D.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

(Ord. C-7639 § 1, 1999)

A.

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the City's Zoning Officer.

B.

The Zoning Officer may hold a hearing on a request for reasonable accommodation relating to the increased occupancy of a group home, or may instead, at his/her sole discretion, refer the application to the Planning Commission for hearing. If the Zoning Officer acts on a request for reasonable accommodation pursuant to this Section, the Zoning Officer shall hear the matter and issue a written determination within thirty (30) days of the date of receipt of a completed application. If the Planning Commission acts on a request for reasonable accommodation pursuant to this Section, the Planning Commission shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days of receipt of a completed application.

C.

Notice of hearing pursuant to this Section shall be provided not less than fourteen (14) days prior to the hearing and shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the real property that is the subject of the hearing. In all cases under this Section, the applicant shall bear the cost of the radius mailing.

D.

The Zoning Officer or Planning Commission acting pursuant to this Section, shall: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, including, but not limited to, a condition requiring the applicant to show proof of any required State license for the activity or occupancy contemplated, or (3) deny the request.

E.

The Zoning Officer or Planning Commission, as appropriate, shall explain, in writing, the basis of the determination including the Zoning Officer's or Planning Commissioner's findings on the criteria set forth in Section 21.25.1311. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of the determination shall be sent to the applicant by certified mail, return receipt requested.

F.

Within thirty (30) days of the issuance of a written determination on the hearing conducted pursuant to this Section, any aggrieved party within the meaning of this Code, may file an appeal from the determination of the Zoning Officer or Planning Commission. Appeals from a determination of the Zoning Officer shall be to the Planning Commission, appeals from a determination of the Planning Commission shall be to the City Council. All appeals shall contain a statement of the grounds for the appeal.

G.

Appeals to the Planning Commission or City Council pursuant to this Section shall be heard as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. C-7639 § 1, 1999)

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Division, except that a fee equivalent to the fee imposed for an administrative use permit shall be required if the application for reasonable accommodation relates to an increase in the occupancy of a group home.

(Ord. C-7639 § 1, 1999)