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Manhattan Beach City Zoning Code

PART III

—OVERLAY DISTRICT REGULATIONS

10.36.010 - Specific purpose and applicability.

In addition to the general purposes listed in Chapter 10.01, the specific purpose of the IS Interim Study Overlay District is to allow discretionary review of development proposals in areas where changes in zoning regulations are contemplated or under study.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.36.020 - Zoning map designator.

The IS District may be initiated as prescribed by Chapter 10.96. Prior to approving an amendment reclassifying land to an IS district, the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land-use and development issues to be resolved for the area proposed for reclassification. The IS district may be combined with any base district. Each IS district shall be shown on the zoning map with an "-IS" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.36.030 - Land use regulations.

A.

Use Permit Required. Approval of a use permit shall be required for establishment of a new or expanded use in an IS district, and may be approved for any use classification permitted or conditionally allowed with a use permit in the base district with which the IS district is combined.

B.

Required Findings. In addition to the findings required for use permits by Chapter 10.84, and additional findings that may be required for specific use classifications, approval of a use permit in the IS district shall require a finding that the proposed use will not conflict with the land-use and development policies established for the area at the time the IS district was adopted.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.36.040 - Development regulations.

Development regulations for the IS district shall be specified by a use permit or shall be those of the base district with which the IS district is combined.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.36.050 - Expiration of IS district ordinance; renewal.

An ordinance establishing an IS district shall contain a provision terminating the IS designation up to two years from its effective date. An ordinance establishing an IS district may be amended, reenacted, or superseded by a zoning map amendment adopted as prescribed by Chapter 10.96.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.36.060 - Resubmittal of development proposals.

Notwithstanding the provisions of Chapter 10.84, a use permit application that has been denied, or approved subject to conditions unacceptable to the applicant, may be resubmitted on or after the effective date of a zoning map and/or text amendment superseding an IS district designation.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.010 - Specific purposes and applicability.

The NC Neighborhood Conservation Overlay District is intended for property owners to initiate and implement programs for the revitalization or conservation of older areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The NC district takes effect through adoption of a plan and a set of regulations that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots while reducing or eliminating incompatible mixes of uses.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.020 - Area requirements.

Each NC Overlay District shall include a minimum contiguous area of 2 acres, including intervening streets and alleys, and shall contain at least 3 separate parcels.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.030 - Status of NC Overlay District and approved plan.

Adoption of an NC Overlay District proposal shall be by amendment to the zoning map, in accord with the provisions of Chapter 10.96, but the map amendment shall not alter the use regulations or development standards of the underlying district. A conditional use permit approving a Neighborhood Conservation Plan shall be approved by the City Council at the same time as the map amendment is adopted and shall establish standards and conditions for development consistent with the purposes of the plan.

All development shall be in accordance with the Conservation Plan and the use permit, which may be amended as provided in the conditions of approval. The Planning Commission may recommend and the City Council may approve amendments to the Conservation Plan to allow development in accordance with the underlying zoning regulations rather than as specified by the Conservation Plan if the Commission and Council find that the Conservation Plan, as approved, is unlikely to be implemented for the site in question and if limitations on development of the site have not been recorded as a condition of approval of development elsewhere within the Conservation Plan area.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.040 - Allowable modifications to use regulations and property development standards.

After a duly noticed public hearing, the following changes in use regulations and development standards may be approved as part of a Neighborhood Conservation Plan:

A.

Regulations for specific use classifications may be modified by the Neighborhood Conservation an to accommodate unique or mixed uses serving the neighborhood, consistent with the General Plan.

B.

Site development standards may be modified by the Neighborhood Conservation Plan, consistent with the General Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.050 - Application for designation.

A.

Owners of 51 percent or more of the land in an area meeting the area requirements of Section 10.40.020 and one or more of the criteria of Section 10.40.060(C) may file an application with the City for the designation of the area as an NC Neighborhood Conservation Overlay District. The application may include lots within one or more base zoning districts. The City Council or Planning Commission may initiate a Neighborhood Conservation Overlay District as prescribed in Chapter 10.96.

B.

The application shall include the following:

1.

A statement of purpose and explanation of how the criteria of Section 10.40.060(C) are met.

2.

A map indicating the boundaries of all lots in the proposed NC Neighborhood Conservation Overlay District and the base district(s) contained within the proposed NC district.

3.

A Neighborhood Conservation Plan consisting of a map and such other textual and graphic material as may be necessary, indicating land uses, building types and designs, site development requirements, signing, circulation, off-street parking, and modifications in base district regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.060 - Adoption procedures.

A.

The Planning Commission shall hold a duly noticed public hearing on the application in accord with the provisions of Chapter 10.96. Following the hearing, the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the NC District is proposed and is consistent with the General Plan, and shall transmit the application and the plan with its recommendation to the Council.

B.

The City Council shall hold a hearing as provided by Section 10.96.070 on any application and plan transmitted to it by the Planning Commission.

C.

Following the hearing, the City Council may approve or conditionally approve a Neighborhood Conservation Plan and adopt an NC Neighborhood Conservation Overlay District for the area described in the application if the area meets one or more of the following criteria:

1.

Distinctive building features, such as period of construction, style, size, scale, rhythm, mass, color, and material;

2.

Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks, and bollards;

3.

Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creekbeds, parks, and gardens;

4.

Distinctive land uses or land-use patterns, such as mixed or unique uses or activities, not permitted by base district regulations without modification.

D.

The City Council shall adopt each Neighborhood Conservation Overlay District by ordinance pursuant to Chapter 10.96. The adopting ordinance shall include a reference to the approved Neighborhood Conservation Plan for the district, a statement of purposes, and a list of the modifications to the base district regulations.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.070 - Zoning map designator.

Each NC Neighborhood Conservation Overlay District shall be shown on the zoning map by a "-NC" designator applied to the base district designations, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.40.080 - Building permits to conform to adopted plan.

Applications for building permits for projects located in an NC Neighborhood Conservation Overlay District shall be accepted only if project plans are consistent with the adopted NC district ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of the Municipal Code.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.44.010 - Specific purpose and applicability.

The specific purpose of the D design overlay district is to provide a mechanism to establish specific development standards and review procedures for certain areas of the City with unique needs, consistent with General Plan policies. This will ensure that the low-profile image of the community is preserved and neighborhoods protected from adverse effects of noise and traffic. It also will prevent development that may be detrimental to these areas, such as buildings that affect the privacy of adjoining properties or increases shadows.

Eight subdistricts are established:

D1—Rosecrans Avenue, where higher fences in the front-yard setback area are needed to reduce traffic noise;

D2—11th Street, where limitations on building height and density are needed to minimize building bulk and buffer adjoining residences;

D3—Gaslamp neighborhood, where special design standards and review procedures are needed to preserve existing neighborhood character;

D4—Traffic noise impact areas, where higher fences are needed to reduce traffic noise;

D5—North end commercial, where special design standards are needed for the north end commercial area to accommodate additional residential development;

D6—Oak Avenue, where special design standards, landscaping and buffering requirements are needed to allow commercial use of property in a residential area adjacent to Sepulveda Boulevard;

D7—Longfellow Drive area, including residential lots in Tract 14274 located on Longfellow Drive, Ronda Drive, Terraza Place, Duncan Drive and Kuhn Drive, where a special minimum lot area requirement and restriction on subdivision is needed to preserve the character of the neighborhood, including views and privacy, and prevent unwanted impacts from increased traffic, bulk and crowding that would result from increased density.

D8—Sepulveda Boulevard Corridor Overlay, where more flexible development standards are needed in order to continue to promote desirable development, uses and economic vitality within the General Commercial (CG) zone. Only land uses listed in note s of Section 10.44.040 are eligible for flexible development standards. All land uses not listed in note s of Section 10.44.040 shall comply with all requirements contained within Chapter 10.16 of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2 (part), Ord. 2062, eff. October 7, 2004, § 15, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018; Ord. 19-0004, § 4, eff. April 5, 2019)

10.44.020 - Zoning map designator and overlay initiation.

A.

The D design overlay district may be combined with any zoning district. Each D overlay district shall be shown on the zoning map by adding a "-D" to the base district designator followed by the appropriate subdistrict number.

B.

A design overlay district may be initiated by the Planning Commission or City Council, or fifty-one percent (51%) of the property owners in the proposed overlay area and otherwise in accordance with applicable materials within Chapter 10.96, Amendments.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

10.44.030 - Land use and development regulations.

The land-use and development regulations applicable in a D district shall be as prescribed for the base zoning district with which it is combined unless modified by another overlay district, provided that the requirements of the schedule on the following page shall be in addition and shall govern where conflicts arise. The individual columns of the schedule prescribe basic requirements for each subdistrict; letters in parentheses or superscript refer to additional regulations following the schedule with cross-references as appropriate to other sections of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.44.040 - Building permits to conform to overlay district regulations.

Applications for building permits for projects within a D overlay district shall be accepted only if project plans are consistent with the development regulations of this chapter and with all other applicable requirements of this Code. The regulations imposed by this section shall apply to any new structures or improvements, intensification of use, or enlargement of an existing structure.

_____
D DESIGN OVERLAY DISTRICT: DEVELOPMENT REGULATIONS
D1—Rosecrans west of Laurel AvenueD5—North End Commercial
D2—11th and Aviation BoulevardD6—Oak Avenue Overlay
D3—Gaslamp NeighborhoodD7—Longfellow Drive Area Overlay
D4—Traffic Noise Impact AreasD8—Sepulveda Boulevard Corridor Overlay
_____

 

Subdistricts D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8
_____
Minimum Site Area - - - - - (o) (s)
Minimum Lot Area (q) (s)
Maximum Building Height (ft.) - 26 26 (c) - 30 (g) 26 (s)
Setbacks - - - - - - - -
Minimum Lot Area per Dwelling Unit (sq. ft.) - 1,800 - - - - -
Maximum Fence Height (ft.) 6 (a) - - 8 (b) - - -
Public Hearing and Environmental Review - - (d) - - - -
Landscaped Buffer Adjacent to Street (Required width in ft.) - - - - (k) 5 (m) -
Minimum Front Setback, Upper Story (ft.) - - (e) - (h) - -
Minimum Side Setback (ft.) - - - - - 5 -
Required Roof Design - - (f) - - (f) (s)
Required Building Design - - - - - (n) -
Vehicular Access - - - - (i) (m) -
Reduced Parking - - - - (j) - -
Use Permit Required - - - - (t)
Body Art Studios - - - - - (r) - -
_____
D DESIGN OVERLAY DISTRICT: DEVELOPMENT REGULATIONS
ADDITIONAL REQUIREMENTS
_____

 

a.

A six-foot (6′) fence shall be set back three feet (3′) from a front or street side property line and twenty feet (20′) from a driveway crossing a public sidewalk.

b.

Increased fence height is permitted for the following areas: (1) Wendy Way between Marine Avenue and 12th Street: Eight feet (8′) in rear yard; (2) Marine Avenue between Meadows and Cedar Avenue: Eight feet (8′) in rear yard; (3) Marine Avenue between Pacific Avenue and Sepulveda Boulevard: Eight feet (8′) in rear or side yards fronting Marine Avenue.

c.

No building shall exceed two (2) stories.

d.

Required for demolition of dwellings or accessory buildings located on a site with two (2) or more lots. No demolition permit may be issued until an environmental assessment is complete and the Planning Commission or Board of Zoning Adjustment has held a public hearing. Notice shall be sent ten (10) days prior to the hearing to all property owners within five hundred feet (500′) of the project site.

e.

Minimum depth: Ten percent (10%) of the buildable depth of the lot;
Minimum area: Ten (10) times the lot width in square feet;
Exceptions: One (1) architectural projection no more than eight feet (8′) wide may extend four feet (4′) into the setback area, and eaves may project four feet (4′) into the setback area.

f.

A minimum roof pitch of a three-foot (3′) rise in twelve feet (12′) of run is required unless the building does not exceed twenty-two feet (22′) in height.

g.

No increase over the maximum building height measured from the street property line is permitted for buildings fronting on Highland Avenue, and the twenty percent (20%) allowance of Section 10.60.050(B) does not apply in this subdistrict.

h.

The third story shall be set back ten feet (10′) from the front setback line.

i.

Residential projects on the west side of Highland Avenue are not permitted to have vehicular access from Highland Avenue; commercial projects on the east side of Highland Avenue are not permitted to have vehicular access from Crest Drive.

j.

The Planning Commission may allow reduced parking with a use permit for neighborhood-oriented uses such as small retail stores, personal services, and eating and drinking establishments open for breakfast and lunch, subject to the requirements of Section 10.64.050(B).

k.

Residential projects shall include planter boxes at the pedestrian level involving lots of two thousand five hundred (2,500) square feet (or more) along Highland Avenue. For additional site landscaping requirements, see Section 10.60.070, Landscaping, irrigation and hydroseeding. Conformance with standards specified in Section 10.60.070 may result in landscaping that exceeds the minimum requirements of this section.

l.

A use permit is required for all new construction and major alterations and additions of two thousand five hundred (2,500) square feet or more except construction of or alterations or additions to single-family dwellings fronting on Crest Drive.

m.

A twenty-foot (20′) landscaped setback is required along Oak Avenue for any commercial structures, and no vehicular ingress or egress to Oak Avenue is allowed. Until such time that a new project is initiated, existing development with nonconforming access on Oak Avenue, when developed for commercial parking purposes used in conjunction with business fronting upon and having vehicular access to Sepulveda Boulevard shall not utilize vehicular access to Oak Avenue between the hours of 10:00 p.m. to 6:00 a.m. daily.

n.

All commercial structures shall incorporate bay windows, decks, large roof overhangs, and breaks in building facia, as may be needed to reflect a design of residential character.

o.

Sites which utilize RS zoned Oak Avenue properties exclusively for commercial purposes shall be a minimum of twenty-five thousand (25,000) square feet in area. Where the site has multiple owners, the City may permit development on sites containing less than twenty-five thousand (25,000) square feet provided there is a conceptual plan for the whole site showing the relationships between existing and future buildings, landscaping, and the location of parking and tentative phasing of development. All owners must join in application for a D-6 zoning designation and indicate support of the conceptual plan for development of the site.

p.

The uses and related facilities permitted within the CG district may be permitted on RS-D6 zoned Oak Avenue properties, if fronting upon Sepulveda Boulevard, subject to the requirements of this chapter and Chapter 10.16, upon approval of a use permit.

q.

A minimum lot area of seventeen thousand (17,000) square feet (with the exception of 1190 Duncan Drive 1127 Ronda Drive and 1131 Ronda Drive) is required, and further subdivision of any lot within the district is prohibited. The foregoing restrictions shall not prohibit a lot-line adjustment between contiguous parcels pursuant to Section 11.08.010, provided that such lot-line adjustment (1) complies with all of the requirements in Section 11.08.010 and is otherwise exempt from the requirements of the Subdivision Map Act and (2) would not result in any parcel having a lot area of less than seventeen thousand (17,000) square feet.
This overlay applies to properties described as Lots 23 through 30, inclusive, and 32 through 39, inclusive, in Tract 14274 and located on Longfellow Drive, Ronda Drive, Terraza Place, Duncan Drive and Kuhn Drive.

r.

Body art studios are not permitted in the D6 Oak Avenue Overlay District or on CG zoned parcels adjacent to D6 Oak Avenue Overlay parcels.

s.

The maximum building height for a building with a hotel use located on the properties designated as D-8 shall be forty feet (40'). No minimum roof pitch or structure parking at or below the ground level is required. Roof mounted mechanical equipment and elevator shafts are allowed to exceed the maximum allowed height limit by up to five feet (5'), so long as they are properly screened and located in an area that would not be visible from or adversely impact the surrounding properties. A study may be required by the Community Development Director showing that adjacent properties will not be negatively impacted. Any amendment to the map shall only include properties with at least one hundred thirty five feet (135) in depth and twenty thousand (20,000) square feet of lot area.

t.

Projects involving a change of use (single use or multi-tenant project) shall not be required to obtain a use permit as long as the proposed use(s) is permitted by right as prescribed in Section 10.16.020 and the change of use(s) does not constitute an intensification of the use or parking requirement, regardless of the buildable floor area. No net addition of buildable floor area shall be allowed in conjunction with this provision.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1860, Amended, 10/29/92; §§ 3, 4, 5, Ord. 1972, eff. November 20, 1997; § 2 (part), Ord. 2062, eff. October 7, 2004; § 7, Ord. 2146, eff. August 4, 2011 and § 2, Ord. 2155, eff. February 17, 2012, § 16, Ord. 16-0029, eff. Dec. 20, 2016, and § 5, Ord. 18-0022, eff. Dec. 6, 2018; Ord. 19-0004, § 5, eff. April 5, 2019)

10.48.010 - Applicability.

All development as defined in section 30106 of the Public Resources Code located in the Coastal Zone of the City is subject to Chapter 2 of the Local Implementation Plan of the certified Local Coastal Program and the policies of the certified Local Coastal Plan.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, ; Ord. No. 1899, Rep&ReEn, 04/14/94)

10.48.020 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.030 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.040 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.050 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.060 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.070 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.080 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.090 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.100 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.110 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.120 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.130 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.140 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.150 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.160 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.170 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.48.180 - Repealed.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1899, Amended, 04/14/94

10.50.010 - Specific purpose and applicability.

The purpose of this Chapter is to implement the requirements of Government Code Sections 65583.2(h) and (i), by establishing an overlay zoning district, designated as "Residential Overlay District" or "ROD" on the zoning map, inclusive of objective development standards that allow by-right multifamily residential development for qualifying projects, consistent with State law.

(§ 1, Ord. 23-0006, eff. March 21, 2023)

10.50.020 - Development standards.

Projects on designated lots shall comply with the following development standards:

A.

Density: The density shall range between a minimum of twenty (20) DU/AC and a maximum of sixty (60) DU/AC.

1.

Mixed-use Projects: Maximum Floor Area Factor of 2.0, applicable to entire project.

B.

Setbacks: No setbacks are required, unless a property line of the project site abuts a residential property, in which case, development shall comply with the following:

1.

A minimum five (5) foot setback is required at any property line separating existing residential development from a project approved pursuant to this section.

2.

Structures shall not intercept a sixty degree (60 ° ) daylight plane inclined inward from a height of twenty (20) feet above existing grade at the shared property line.

C.

Height:

1.

Development on designated sites along Sepulveda Boulevard, Aviation Boulevard, Manhattan Beach Boulevard and Artesia Boulevard shall not exceed thirty-six (36) feet in height.

2.

Development on designated sites along Rosecrans Avenue, including APN 4138020056, shall not exceed sixty (60) feet in height.

3.

For all projects, roof mounted mechanical equipment and elevator shafts are allowed to exceed the maximum allowed height limit by up to five (5) feet, so long as they are properly screened and located in an area that would not be visible from or adversely impact the surrounding properties.

D.

Open Space: A minimum of fifty (50) square feet of private open space per unit is required. To qualify, open space shall have minimum dimension of five (5) feet in any direction. Common open space shall be provided at equal to or greater than eight percent (8%) of buildable floor area.

E.

Fence/Wall: A solid masonry or concrete wall is required for project sites that abut or adjoin a ground-floor residential use or residentially zoned property. The minimum height of a fence or wall shall be six (6) feet as measured from the finished grade of the development approved pursuant to this section, and up to eight (8) feet, unless a greater height is mutually agreed upon for a common property line by the abutting property owners and approved by the Community Development Department.

F.

Parking: Required parking spaces for residential units shall be provided in accordance with the state density bonus law (CA Government Code 65915). Commercial parking in mixed-used projects are subject to standard parking requirements in Chapter 10.64 of the MBMC.

G.

Residential Capacity: Projects can be developed solely with residential uses. For mixed-use projects, a minimum fifty percent (50%) of the floor area shall be dedicated to residential uses.

H.

Other: Project must include a minimum of twenty percent (20%) of the total units for lower-income households. Owner-occupied and rental multifamily uses are allowed.

(§ 1, Ord. 23-0006, eff. March 21, 2023)

10.50.030 - Procedure.

Pursuant to Government Code Sections 65583.2(h) and (i), any development proposed pursuant to this chapter is permitted by-right. Qualifying projects shall be submitted directly to the Building and Safety Division for plan check review.

(§ 1, Ord. 23-0006, eff. March 21, 2023)