To develop a dwelling unit amnesty program to preserve existing dwellings, bring them into compliance with applicable Building Code standards, and maintain them as income restricted affordable units in accordance with recommendation 2e of the "Everyone Home Long Beach" plan "to expand the number of rent-stabilized units," and Policy 1.1 of the 2017 report prepared by the Mayor's Affordable and Workforce Housing Study Group and adopted by City Council "to encourage the preservation of existing housing stock, consistent with the City's adopted Housing Element." This Section is not intended for housing units that are eligible for legalization as accessory dwelling units through the Accessory Dwelling Unit (ADU) process.

(ORD-21-0002 § 1, 2021)

A.

Existing dwelling units that do not have a certificate of occupancy at the time of application that are located in otherwise legally permitted structures, shall be referred to in this section as "unpermitted dwelling units." Outside the coastal zone, existing unpermitted dwelling units shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations, including, but not limited to, the following:

1.

Minimum Lot Area per Dwelling Unit or Guest Room. The units shall not be subject to any density limitations imposed by the underlying zoning.

2.

Off-set Automobile Parking. The units shall not be subject to any applicable off-street automobile parking requirements. The existing number of parking spaces existing on the site as of the date of the application shall be maintained and shall not be reduced.

3.

Minimum Yard and Setback Requirements. The units shall not be subject to any yard or setback requirements imposed by the underlying zoning.

4.

Any Other Development Standards. The units shall not be subject to any other provision of the underlying zoning or applicable development standards that would preclude the preservation of the dwelling unit.

B.

Within the coastal zone, existing unpermitted dwelling units as defined in Section 21.66.020.A of this Chapter, shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations except for the City's certified Local Coastal Program (LCP) Land Use Plan and any regulations in the certified LCP Implementation Plan that are required for the protection of coastal resources and public access to the coast. Unpermitted dwelling units are subject to the required findings in the certified Zoning Code Section 21.25.904.C. New parking spaces shall not be required in association with the legalization of an unpermitted dwelling unit if the unpermitted dwelling unit(s) meets one of the following criteria and/or there would be no impacts to public access to the coast as a result of the development:

1.

The unpermitted dwelling unit is located within one-half mile walking distance of public transit.

2.

The unpermitted dwelling unit is located within an architecturally and historically significant historic district and the provision of new parking would impact the historic character.

3.

When there is a car share vehicle located within one block of the unpermitted dwelling unit.

(ORD-23-0025 § 5, 2023; ORD-21-0002 § 1, 2021)

Notwithstanding any exemptions to zoning requirements detailed in this Section, the units shall comply with minimum applicable health and safety requirements established in Title 18, as determined by the Building Official.

(ORD-21-0002 § 1, 2021)

Existing dwelling units eligible for the unpermitted dwelling unit amnesty program:

A.

May be located in any zone, except for the IG and IP Industrial Zones;

B.

Shall have been occupied, as a residence, for more that thirty (30) continuous days prior to December 31, 2016, which occupancy shall be demonstrated by the Applicant with proof satisfactory to the Director of Development Services, or designee.

(ORD-23-0025 § 6, 2023; ORD-21-0002 § 1, 2021)

A.

Applicants shall be required to record a covenant on the property that requires the unit to be retained as an income-restricted unit for a period of 10 years at an income level that is the lower of: 1) the existing tenant's income level; or 2) a moderate-income household, as determined by Area Median Income (AMI) limits established by the Department of Housing and Urban Development (HUD).

B.

The affordability period shall be deferred if the unit is occupied by a tenant with an existing lease who does not meet the subject income restriction. The affordability period shall begin when a tenant meeting the above income restriction occupies the unit.

C.

The units shall be subject to the annual covenant monitoring fee.

(ORD-21-0002 § 1, 2021)

Site Plan Review shall be required pursuant to Chapter 21.25 of the certified Zoning Code. Existing dwelling units that are eligible for the unpermitted dwelling unit amnesty program and are located in the Coastal Zone shall be required to obtain a Local Coastal Development Permit pursuant to certified Zoning Code Section 21.25.903; however, a public hearing for the Local Coastal Development Permit shall not be required pursuant to certified Zoning Code Section 21.25.904.B.

(ORD-23-0025 § 7, 2023; ORD-21-0002 § 1, 2021)

Outside the coastal zone, only applicants may appeal Site Plan Review determinations to the Planning Commission. Within the coastal zone, Local Coastal Development Permit determinations may be appealed by any aggrieved person pursuant to the procedures in Chapter 21.21 and Section 21.25.904 of the certified Zoning Code.

(ORD-23-0025 § 8, 2023; ORD-21-0002 § 1, 2021)