City of Redondo Beach, CA Special Use Regulations

Purpose. In order to prevent a blighting impact on the character of commercial zones, help insure the compatibility of these particularly sensitive land uses with surrounding land uses, and maintain a healthy and balanced mix of commercial uses, the following criteria shall be met in addition to all other applicable land use and development standards in this chapter.

Criteria.

The proposed use is a sufficient distance from residential uses and has been designed with adequate physical buffers to reduce potential noise impacts related to operation of the use, parking by employees and patrons, and pedestrian activities.

The proposed hours of operation for the use are complimentary to the business district in which the use is located, and will not negatively impact residential uses.

The addition of the proposed use to the mix of commercial uses in its vicinity will not create a blighting influence.

Thrift shops. In addition to the criteria listed above, the following criteria shall be met for thrift shops:

Minimum separation. The minimum separation between site boundaries of properties containing thrift shops shall be 1,000 feet, except that this standard may be waived by the decision-making body upon a finding that the thrift shop is primarily engaged in the sale of unique specialty merchandise which will not contribute to or create a blighting influence in its vicinity.

Display windows. The store frontage shall include an interior window display box at least 30 inches in depth, attractively designed to enhance the appearance of the commercial corridor.

Firearms businesses. In addition to the criteria listed above, no firearms business shall be located within 500 feet of any lot upon which there is legally located a school, public park, or religious institution.

Conditional use permit required. No bar or cocktail lounge, arcade, billiard parlor, thrift shop, liquor store, check cashing business or business engaged in the sale of firearms shall be established unless a conditional use permit is obtained pursuant to Section 10-5.2506.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

§ 10-5.1602 Service stations.

Purpose. The purpose of this section is to establish land use standards unique to the development, alteration or re-use of service stations in order to assure that service stations are functionally and aesthetically compatible with adjacent uses; provide adequate traffic circulation and off-street parking; minimize visual/noise/air pollution; incorporate water quality measures, pursuant to Chapter 7 of Title 5 of the Redondo Beach Municipal Code; and reduce pedestrian-vehicular conflict. These standards are in addition to other applicable land use and development standards elsewhere in this chapter.

Criteria.

Site location. Establishment of a new service station may be permitted only when the site is located at the intersection of streets controlled by a traffic signal or when the site is within 200 feet of the intersection of a primary highway as designated by the general plan and an interstate highway on-ramp or off-ramp.

Site area and size. Establishment of a new service station may be permitted only when the site area is no less than 20,000 square feet, except when it becomes a part of a functionally integrated commercial or industrial complex.

Setbacks. New buildings or additions to existing buildings shall be set back at least 25 feet from the street property lines. New gasoline pump islands or additions to existing gasoline pump islands shall be set back at least 16 feet from any property line.

Signs. All signs shall conform to the provisions of Article 6 of this chapter. For alterations to existing service stations, conformance with the provisions of Article 6 of this chapter shall be as described in subsection (b)(19) of this section.

Driveways. The location and design of driveways shall be as follows. For alterations to existing service stations, conformance shall be as described in subsection (b)(19) of this section.

The maximum width of driveways shall be 35 feet at the sidewalk, unless the Planning Commission determines a wider driveway is necessary due to the unique nature of the site or due to the volume or pattern of traffic circulation.

Access drives shall be no closer than 25 feet from the point of intersection of the ultimate right-of-way lines of the adjoining streets, but in no case closer than five feet to the point of curb return.

There shall be no more than two driveways for any one street frontage. Such driveways shall be at least 25 feet apart and may not be closer than five feet to any side property line except in functionally integrated commercial or industrial complexes.

Walls. Decorative masonry walls shall be constructed where necessary to effectively screen the service station, or uses operating within the service station, from adjacent properties and public rights-of-way. For alterations to existing service stations, conformance shall be as described in subsection (b)(19) of this section.

Utilities. All on-site utilities shall be placed underground. For alterations to existing service stations conformance shall be as described in subsection (b)(19) of this section.

Accessory structures. No accessory structures, including movable or portable buildings, shall be permitted on any service station site, except that tire storage cabinets and other small structures may be permitted subject to a conditional use permit pursuant to Section 10-5.2506.

(9)

Operations. Operations outside permanent structures shall be limited to the dispensing of gasoline, oil, additives, water, air, minor parts replacement, and cleaning and detailing. No painting, body, and fender repair or tire recapping shall be allowed on the site.

(10)

Inoperable vehicles. No damaged or permanently disabled vehicles shall be kept on the site for more than 48 hours.

(11)

Prohibited outside sales. No automobile service station shall engage in the display, storage, rental, or sale of automobiles, trucks, motorcycles, boats, campers, dolly carts, garden or household supplies, or other retail items not associated with automobile operation outside the main structure, except as provided in subsection (b)(12) of this section. Such items may be displayed, stored, rented, or sold only inside the walls of the main structure. This prohibition shall not be construed to prohibit the display of auto-related items (i.e., oil, additives, fluids, etc.) from display racks located at pump islands to render efficient service to the motoring public.

(12)

Incidental sales and rentals.

Subject to approval of a Conditional Use Permit pursuant to Section 10-5.2506, incidental convenience items (i.e. soft drinks, candy, cigarettes, etc.) for the immediate consumption of the motoring public may be displayed and sold within an architecturally screened area that is an extension of the main structure and specifically designed for that purpose.

Subject to approval of a Conditional Use Permit pursuant to Section 10-5506, the rental of trucks and utility trailers within an architecturally screened area designed specifically for that purpose may be permitted as long as such truck and utility trailer rentals shall not interfere with the normal operation of the service station or the efficient circulation of automobiles on the site.

(13)

Tow trucks. No more than two tow trucks shall be allowed as an incidental use on any service station site.

(14)

Vending machines. All vending machines shall be located inside the building or in an architecturally screened area designated for such machines.

(15)

Landscaping. Landscaping and landscape areas shall be installed pursuant to Section 10-5.1900. For alterations to existing service stations, conformance shall be as described in subsection (b)(19) of this section.

(16)

Incidental motor vehicle repair. Incidental motor vehicle repair may be permitted subject to a Conditional Use Permit pursuant to Section 10-5.2506.

(17)

Trash enclosures. Trash enclosures and recycling areas shall be provided pursuant to Section 10-5.1536, Section 10-5.1538, and the water quality measures of Chapter 7, Title 5 of the Redondo Beach Municipal Code. For alterations to existing service stations, conformance shall be as described in subsection (b)(19) of this section.

(18)

Hours of operation. Hours of operation for all service stations shall be compatible with adjacent land uses.

(19)

Other improvements. If a Conditional Use Permit is required pursuant to subsection (c) of this section, an existing service station shall be reviewed with reference to the criteria in this section as well as to the method of station operation as it relates to station maintenance, compatibility with adjacent land uses and overloading of the site. Conditions of approval may require the applicant to make reasonable efforts to conform with the purpose and criteria of this section, and may include requirements for installation of new signs that conform to Article 6 of this chapter; construction of new driveways, walls, landscaping, and trash enclosures; undergrounding of utilities; removal of accessory structures; and limitations on operations.

Conditional Use Permit required.

New service station. No service station use shall be established on a site unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506 of this chapter.

Existing service station. No equipment, service, or use shall be added to any existing service station within the City, nor shall any structural or architectural alterations, except incidental maintenance, be made to any existing service station within the City, unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506 of this chapter.

Abandoned service station. No service station abandoned for a period of two or more years shall resume operation as a service station unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506.

§ 10-5.1604 Motor vehicle repair garages.

Conversion of existing or abandoned service station. No existing service station or abandoned service station shall be converted to any other use unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506, and the following standards are met:

All pumps, pump islands, canopies, signs, insignia, and corporate trademarks, their supporting structures, mountings, and foundations, and all other aboveground improvements which are uniquely associated with service station operations shall be taken down, dismantled, and removed from the site.

All gasoline storage tanks, fuel lines, pumps, and other below ground apparatus related to the delivery or disposal of petroleum products shall be excavated and removed from the site or filled in accordance with the provisions of the Uniform Fire Code as currently adopted by the City.

Upon the removal of the tanks, structures, and apparatus specified in subsections a and b of this subsection, the proposed converted service station site shall be resurfaced and landscaped in a manner appropriate to the proposed commercial or industrial use.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

Purpose. The motor vehicle repair garage development standards are established to ensure the compatibility of existing and new repair garages to adjacent and surrounding uses for the protection of marine resources through the implementation of water quality measures pursuant to the requirements of Chapter 7, Title 5 of the Redondo Beach Municipal Code, and the health, safety, and general welfare of the City, its residents and visitors.

Criteria. To achieve the purposes of this section, all motor vehicle repair garages shall conform to the following criteria in addition to all other applicable land use and development standards in this chapter:

Enclosed building required. All existing and new motor vehicle repair garages shall conduct repair activities within a fully enclosed building.

Utilization of required parking. No existing or new motor vehicle repair garage shall utilize required parking stalls or aisles for the storage or repair of vehicles, disassembled auto parts, debris, or trash.

Size of sites. The site shall not be less than 6,000 square feet in area.

Orientation of service bays. Service bays shall not face any street.

Inoperable vehicles. No disabled motor vehicle or large component part of such disabled vehicle shall be kept on the site. No junking or wrecking of motor vehicles shall be allowed, nor shall vehicles be kept on the site for "scavenging" of used parts.

Walls. Decorative masonry walls shall be installed to effectively screen service bays and work areas from surrounding properties.

Tow trucks. No more than two tow trucks shall be allowed as an incidental use on the site.

Other improvements. Any development requiring a Conditional Use Permit or Coastal Development Permit pursuant to subsection (c) of this section and Section 10-5.2206, shall be reviewed with reference to water quality measures pursuant to Chapter 7, Title 5 of the Redondo Beach Municipal Code, landscaping, parking, wrecked vehicles, screening and walls, signs, trash areas, and lighting, as well as to the method of garage operation as it relates to cleanliness and overloading of the site, and the applicant shall be required to make reasonable efforts to conform with the purpose and criteria of this section. Conditions of approval may include, but shall not be limited to, the following:

Additional trash areas and screening;

The undergrounding of on-site utilities;

The location and width of driveways;

The location and size of accessory buildings;

The method of controlling noise, air, water, odors, and solid waste pollution;

The method of controlling flammable liquids, particularly gasoline, solvents, and thinners;

The method of securing the site from intruders or vandals and obtaining public safety;

Hours of operation;

The method of controlling runoff from the site.

§ 10-5.1606 Motor vehicle body and fender shops.

Conditional Use Permit required. A new motor vehicle repair garage, any addition to the floor area of an existing motor vehicle repair garage, or any intensification of use shall be subject to the approval of a Conditional Use Permit pursuant to Section 10-5.2506. Intensification of use shall include any change in activity or use determined by the Community Development Director to have the potential to produce noise, vibration, odor, glare, electromagnetic interference, or other environmental impacts that cause discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort, repose, health or peace of persons whose property abuts the property lines of the lot containing the motor vehicle repair garage.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

Purpose. The motor vehicle body and fender shop regulations are established to ensure the protection of adjacent and surrounding uses for the health, safety, and general welfare of the City and its residents.

Criteria. To achieve the purpose of this section, all motor vehicle body and fender shops shall conform to the following criteria in addition to all other applicable land use and development standards in this chapter.

Enclosed building required. All existing and new motor vehicle body and fender shops shall conduct repair activities within a fully enclosed building.

Utilization of required parking. No existing or new motor vehicle body and fender shop shall utilize required parking stalls or aisles for the storage or repair of vehicles, disassembled auto parts, debris, or trash.

Walls. A six foot high decorative masonry wall shall be constructed along all property lines, setback lines, and where otherwise necessary to screen the open work areas from view. A six foot high gate shall be provided at all access ways provided for ingress and egress and shall screen the interior of the site from public view.

Other improvements. Any development requiring a Conditional Use Permit pursuant to subsection (c) of this section, shall be reviewed with reference to landscaping, parking, wrecked vehicles, screening and walls, signs, trash areas, and lighting, as well as to the method of garage operation as it relates to cleanliness and overloading of the site, and the applicant shall be required to make reasonable efforts to conform with the purpose and criteria of this section. Conditions of approval may include, but shall not be limited to, the following:

Additional trash areas and screening;

The undergrounding of on-site utilities;

The location and width of driveways;

The location and size of accessory buildings;

The method of controlling noise, air, water, odors, dust, and solid waste pollution;

The method of controlling flammable liquids, particularly gasoline, solvents, and thinners;

The method of securing the site from intruders or vandals and obtaining public safety;

Hours of operation.

Conditional Use Permit required. A new motor vehicle body and fender shop, any addition to the floor area of an existing motor vehicle body and fender shop, or any intensification of use shall be subject to the approval of a Conditional Use Permit pursuant to Section 10-5.2506. Intensification of use shall include any change in activity or use determined by the Community Development Director to have the potential to produce noise, vibration, odor, glare, electromagnetic interference, or other environmental impacts that cause discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort, repose, health or peace of persons whose property abuts the property lines of the lot containing the motor vehicle body and fender shop.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.1608 Condominiums.

Purpose. It is the express intent of the City to treat residential condominiums differently from apartments and other like structures due to the unique nature of condominium ownership whereby separate households, each with a vested ownership in their own dwelling unit, live in close proximity to one another and are bound together in an association which is responsible for the cooperative maintenance and management of improvements within the common area of the project. Condominium ownership of nonresidential building spaces within commercial or industrial projects shall also be treated differently to insure the long-term viability of the project in view of the multiple ownerships.

Criteria. In order to achieve the purpose of this section, new condominium projects shall meet the following criteria:

Residential condominiums.

The project shall comply with all applicable development standards of the zone in which the project is located.

The project shall meet the condominium development standards for treatment of utilities, attenuation of noise, and requirements for provision of covenants, conditions, and restrictions, as described in subsection (d) of this section.

Nonresidential condominiums.

The project shall comply with all applicable development standards of the zone in which the project is located.

The project shall meet the condominium development standards for treatment of utilities and requirements for provision of covenants, conditions, and restrictions, as described in subsections (d)(1) and (d)(4) of this section.

Conditional use permits and design review required.

No condominium containing 16 or more units shall be established unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506 of this chapter.

Condominiums containing 16 or more units shall be subject to Planning Commission Design Review pursuant to Section 10-5.2502.

Condominiums containing two to 15 units shall be subject to Administrative Design Review pursuant to Section 10-5.2500.

Condominium development standards. To achieve the purposes of this section, all condominium projects shall conform to all applicable development standards of the zone in which the project is located and the following additional development standards:

Treatment of utilities.

Plumbing shut-off valves. Water supply lines to all plumbing fixtures within the project shall be fitted with shut-off valves. If there are extenuating circumstances which make the installation of such valves impracticable, a system shall be provided which includes one shut-off valve for each unit and for each other discrete plumbing subsystem within the project, such as a common laundry room.

Drip pans. Clothes washers, dishwashers, hot water heaters, and any other appliance which the Chief Building Official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains, subject to the approval of the Chief Building Official.

Utility meters. Each utility which is controlled by and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. Each utility which is consumed within a common area other than an area designated for exclusive use by a single unit, shall be separately metered in such a way that the condominium association can be separately billed for its use.

Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.

Isolation of vibration and sources of structure-borne noise in residential condominium projects where units have common walls and/or floors and ceilings.

Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which, because of their rotation, reciprocation, expansion, and/or contraction, turbulence, oscillation, pulsation, impaction, or detonation, is determined by the Chief Building Official to be a source of structural vibration or structure-borne noise shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief Building Official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Chief Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from the cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Chief Building Official. The cabinets in which such appliances are installed should be offset from the back wall with strip gasketing of felt, cork, or similar material approved by the Chief Building Official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provisions are made within the units for the installation of non-permanent appliances, such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Chief Building Official.

Location of plumbing and mechanical fixtures. No plumbing or mechanical fixture shall be located on a common wall between two separate units.

Separation of vents and lines. No common water supply line, vent, or drain line shall be permitted for contiguous units unless there is at least eight and one-half (8 1/2) feet of pipe between the closest plumbing fixtures within the separate units. The Chief Building Official may approve other methods of isolating sound transmission through plumbing lines where the effectiveness of such methods can be demonstrated.

Isolation and insulation of lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for such purpose and approved by the Chief Building Official.

Attenuation of noise in residential condominium projects.

General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces, such as interior corridors, laundry rooms, recreation rooms, and garages, shall provide airborne sound insulation for walls and both airborne and impact sound insulation for floor/ceiling assemblies.

Airborne sound insulation. All wall assemblies enumerated or alluded to in subsection (d)(3)(a) of this section shall be of a type of construction which has a minimum rating of 55 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in subsection (d)(3)(a) of this section shall be of a type of construction which has a minimum rating of 50 STC. Wood floor joints shall not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits, heating and ventilating and/or air-conditioning intake and exhaust ducts, and the like shall be sealed, lined, insulated, or otherwise treated to maintain the required rating, and such treatment shall be approved by the Chief Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 33 STC. Such perimeter seals shall be maintained in effective operating condition.

Impact sound insulation. All separating floor/ceiling assemblies enumerated or alluded to in subsections (d)(3)(a) and (d)(3)(b) of this section shall be of a type of construction which has a minimum rating of 50 IIC (Impact Insulation Class). Floor coverings may be included in the assembly to obtain the required ratings but shall be retained as a permanent part of the assembly and may only be replaced by another floor covering which provides the same or a greater impact insulation.

Verification of sound class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials System specified in ASTM E90 and E413, or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards, or equivalent. Ratings obtained from other testing procedures will require adjustment to the rating systems set forth in this subsection. In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant or sponsor of the condominium development shall either furnish the Chief Building Official with data based upon tests performed by a recognized and approved testing laboratory or furnish the Chief Building Official with verified manufacturer's data on the ratings of the various wall and floor/ceiling assemblies utilized in the project. Additionally, the Chief Building Official will develop a ready reference file indicating the STC and IIC ratings of the wall and floor/ceiling assemblies commonly utilized in condominium structures.

§ 10-5.1610 Residential condominium conversions.

Declarations of project elements and covenants, conditions, and restrictions. The declaration of project elements and covenants, conditions, and restrictions relating to the management of the common area and facilities shall accompany all applications for condominium usage made pursuant to the provisions of this section. In addition to such covenants, conditions, and restrictions which may be required by the Department of Real Estate of the State pursuant to Title 6 (Condominiums) of the Civil Code of the State or other State laws or policies, such declaration shall provide for the following, none of which shall be amended, modified, or changed without first obtaining the written consent of the City and all of which shall contain, at the end of each such provision, a statement to that effect:

Assignment or conveyance of private open space for residential condominium projects. The surface area and appurtenant airspace of private open space areas, including, but not limited to, the private patio, deck, balcony, solarium, or atrium required by this chapter, and any integral portion of such space which may exceed the minimum area requirements shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, as it would be in a central court or atrium, the private open space shall be conveyed as an integral part of the unit.

Assignment or conveyance of private storage areas for residential condominium projects. The surfaces and appurtenant airspace of private storage areas, including, but not limited to, the private storage space required by this chapter, shall be described and irrevocably assigned in the declaration to its respective unit, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, the private storage space shall be conveyed as an integral part of the unit.

Maintenance of impact insulation class for residential condominium projects. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by the provisions of this section, shall be described in the declaration. Where the minimum IIC rating is obtained through the use of floor coverings, the declaration shall provide that such coverings shall not be removed for any purpose, except cleaning or replacement, and shall further provide that any replacement coverings shall furnish the same or a greater degree of impact insulation as that originally installed.

Assignment or conveyance and use of required off-street parking spaces for all condominium projects. Assignment or conveyance and use of required off-street parking and loading spaces shall be described. For residential condominium projects, required off-street parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two spaces per unit, except that where two parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in a townhouse development with a private entrance from the parking garage to the unit, the off-street parking spaces shall be conveyed as an integral part of the unit.

Right of public entry to common areas for all condominium projects. The City, County, State, and Government of the United States, and any department, bureau, or agency thereof, shall have the right of immediate access to all common areas of the project at all times for the purpose of preserving the public health, safety, and welfare except in those instances where a common area is accessible only through a private unit.

Television receiving devices for all condominium projects. Individual television antennas exceeding a height or width of two feet shall be prohibited outside of any owner's unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable service provided by a company licensed to provide such service within the City. All units shall be wired to enable access to cable service.

Voting for all condominium projects. For both the purpose of setting the amount of regular and special assessments and the purpose of voting on amendments to the covenants, conditions, and restrictions, one vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project.

Maintenance of common areas and facilities for all condominium projects.

General. In order to protect the public health, safety, and welfare, provisions shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the common area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessment shall be specified and may include penalties for late payment.

Veto right and authority of the City. In consideration for the City's approval of a condominium project, the declaration shall provide that the City, at its option, has the right and authority to veto any action of the association which would tend to decrease the amount of the regular annual assessment upon a finding by the City that such a decrease could or would adversely affect the long-run maintenance of the condominium structure and/or its common areas. To enable the City to exercise such optional veto, the declaration shall provide that association actions to decrease the annual assessment shall not become effective until 60 days after a notice of such action is given to the City.

Utility easements over private streets and other areas for all condominium projects. If the condominium project contains private streets, provisions shall be made for a public utility easement over the entire private street network. Public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines, and similar urban infrastructure may also be required.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 3, Ord. 2964 c.s., eff. April 6, 2006, § 1, Ord. 3102 c.s., eff. February 8, 2013, and Ord. 3283-24 c.s., eff. December 12, 2024)

Purpose. The conversion of residential housing projects to condominiums creates home ownership opportunities while it simultaneously reduces rental housing opportunities. It is the purpose of this ordinance to avoid the unreplaced loss of rental housing; to insure that any units converted to condominiums have the same design amenities and overall quality required of newly constructed condominiums; and to provide notice of the conversion to existing tenants and give priority for the purchase of converted units to existing tenants as required by State laws.

Criteria.

Eligibility determined annually. No application for the conversion of rental housing shall be accepted by the City when the vacancy rate within the City is equal to or less than 6%. Any vacant units in excess of the 6% vacancy rate shall be the vacancy surplus. The maximum number of residential dwelling units allowed for conversion shall be restricted on an annual basis to the lesser of: (i) the vacancy surplus, or (ii) the net increase City-wide in residential dwelling units since January 1, 1988.

Conditional Use Permit and map required. No existing residential dwelling unit may be converted to a condominium unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506, and a tentative map or parcel map obtained pursuant to Chapter 1 of Title 10 of this Code. In addition to the criteria applicable for a Conditional Use Permit and tentative or parcel map, the following criteria shall apply:

The proposed condominium conversion units shall be substantially equal to new condominium units in terms of quality of architecture, construction, floor area, provision of off-street parking, provision of outdoor living space, private lockable storage, and other design features.

Each tenant, and each prospective tenant has, or will have, received all applicable notices and rights now or hereafter required by this section or by applicable State law.

Each tenant has, or will have, received applicable tenant benefits pursuant to subsections (g) and (h) of this section.

Application procedure. In years where applications may be considered for condominium conversions, application procedures shall be as follows:

Notice of filing period. On or before December 1st of a calendar year when rental housing becomes eligible for conversion, the number of residential dwelling units eligible for conversion and the application filing period from December 1st to the close of the business day on January 31st of the following year shall be publicly announced.

Content of applications. In addition to the application requirements contained in Section 10-5.2506 the following reports shall be submitted as a part of the application for a condominium conversion:

City inspection report of all structures for their compliance with all current construction Codes;

A structural pest control inspection report performed by a licensed pest control operator;

A tenant listing, including a plan for tenant notification, relocation, and financial assistance, if any;

A copy of the proposed declaration of project elements and covenants, conditions, and restrictions.

Ranking applications.

Review of applications. The Community Development Director shall review the applications for completeness, and then shall rank the applications using the following criteria:

The extent to which the proposed conversion will provide new housing opportunities for the community;

The extent to which the proposed conversion's adverse effect on occupying tenants will be mitigated by relocation and other assistance provided by the applicant;

The extent to which a rental unit surplus exists in the area of the proposed project, and of the size and type of the units in the proposed project;

The extent to which the building design and amenities are comparable to newly constructed condominium units in terms of architecture, off-street parking, unit size, outdoor living space, private lockable storage, and landscaping;

The extent to which the project provides affordable dwelling units with a unit mix responsive to the needs defined in the General Plan Housing Element.

Notice of ranking. The Community Development Director shall provide notice of ranking and a written explanation of the ranking given to the conversion application based on the criteria set forth in subsection (c)(3)(a) of this section.

Appeal of ranking. An applicant may appeal a ranking by delivering written notice to the Community Development Director within 10 days after the mailed notice of the ranking. The appeal shall be heard by the Planning Commission after notice to all applicants ranked above the applicant. The decision of the Planning Commission shall be final.

Consideration of conversions limited. The Community Development Director shall select the highest ranking applications based on the criteria set forth in this subsection for review by the Planning Commission. The number of applications reviewed by the Planning Commission shall not represent requests to convert more than three times the maximum number of units eligible for conversion.

Notices to tenants. Notices of public hearings required pursuant to Section 10-5.2506 and Chapter 1 of Title 10 shall be mailed by the City to the lists of tenants provided by the applicant. The applicant shall perform the following additional notification of tenants:

Prior to filing of map. At least 60 days prior to the filing of a tentative map, each of the tenants of the proposed condominium shall be given by first class mail a written notice of intention to convert in the form provided in California Government Code Section 66452.9.

Prior to Planning Commission public hearing. A copy of the written staff report to the Planning Commission on the proposed conversion shall be delivered to each tenant of the subject property at least six days prior to the hearing date.

Subsequent to Planning Commission public hearing. Each tenant shall receive written notice within 10 days after the approval of a tentative map for the proposed conversion. Such notice shall contain, as a minimum, an explanation of the tenant's rights and benefits as a result of the conversion and a statement that no eviction will occur as a result of the conversion for at least 180 days.

Prior to filing of public report. At least 10 days prior to the filing of a public report with the Department of Real Estate, each tenant of the proposed condominium project shall receive by first class mail a written notice that an application for a public report will be, or has been, submitted to the Department of Real Estate and that such report will be available on request.

Subsequent to approval of a final map. At least 10 days after the approval of a final map, each tenant of the proposed condominium project shall be given by first class mail written notice of the approval of a final map for the proposed conversion.

Prior to termination of tenancy. Each tenant of the proposed condominium project shall be given by first class mail 180 days' written notice of termination of tenancy due to the conversion or proposed conversion.

Prior to issuance of public report. Each tenant of the proposed condominium project shall be given by first class mail notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.

(e)

Notice to prospective tenants. Notices of public hearings required pursuant to Section 10-5.2506 and Chapter 1 of Title 10 shall be mailed by the City to the list of prospective tenants provided by the applicant. The applicant shall perform the additional following notification of prospective tenants:

Notice of conversion. Notice of the proposed conversion shall be given to a prospective tenant applying for rental of a unit of the subject property before acceptance of any rent or deposit, in the form provided in California Government Code Section 66452.51.

Notice of filing of a tentative map. At least 60 days prior to the filing of a tentative map, notice of such filing shall be given to a prospective tenant applying for rental of a unit of the subject property before acceptance of any rent or deposit, in the form provided in California Government Code Section 66452.8.

Posting of notice. Regardless of each prospective tenant being informed of the proposed conversion prior to the finalization of any rent or lease agreement, a notice of such intended conversion shall be posted and maintained at all times in a highly visible location outside the manager's office or unit or the rental office, if any.

Notice subsequent to approval of the final map. If a final map has been approved for a condominium project of five or more units, and a unit is thereafter rented, notice shall be given to a prospective tenant of the right of first refusal to purchase the unit, in the form provided in California Government Code Section 66459.

(f)

Monthly reports to City. Commencing with the filing of an application and until such time as all tenants have received the benefits described in subsections (g) and (h) of this section, the applicant shall provide a written report to the City no less than every 30 days that includes the following information:

A listing of tenant names and addresses, including forwarding addresses, updated regularly;

The date on which each tenant or prospective tenant began occupancy and ended occupancy;

A listing of tenants that may qualify as aged and handicapped as described in subsection (h) of this section, including their unit rental rates;

Copies of all notices, letters, and related correspondence mailed, delivered or otherwise presented to tenants and prospective tenants and a listing of the tenants and prospective tenants who received the material;

A brief description of the occupancy status of each tenant indicating the intent of the tenant to end occupancy or to purchase his unit.

(g)

Tenant benefits. The applicant shall provide benefits to tenants as follows:

Option to purchase. Each tenant, and any prospective tenant who rents a unit subsequent to approval of a final map, shall be given notice of an exclusive right to contract for the purchase of his respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. Such right shall run for a period of not less than 90 days from the date of the issuance of the subdivision public report, or from the date of the approval of a final map if the project consists of four or less units, or in the case of prospective tenants, from the date of the notice to prospective tenants specified in subsection (e)(4) of this section.

Limitation on evictions. No eviction shall occur as a result of conversion for at least 180 days after the approval of a tentative map and the end of the 90 day period of the exclusive option to purchase the unit. If the units are not offered for sale to the tenants within two years after the approval of a final map, the minimum 180 day notice prior to the eviction, including a 90 day exclusive option to purchase period, shall be provided to each tenant prior to eviction from the time the units are offered for sale.

Moving expenses. Each tenant renting a unit at the time of the approval of the tentative map and still renting a unit 10 days prior to the approval of the final map, but not including prospective tenants notified pursuant to subsection (e) of this section, shall be entitled to the following moving expenses, due and payable at the time of moving:

Furnished units. The tenant of any furnished unit shall receive moving expenses equal to two months' rent; and

Unfurnished units. The tenant of any unfurnished unit shall receive moving expenses equal to three months' rent.

Special benefits for aged and handicapped tenants. The applicant shall provide special benefits to tenants as follows:

Qualifying tenants. Because of the extreme difficulty experienced by certain segments of the population in finding suitable, safe, sanitary, and affordable housing, members of the following groups shall be entitled to special benefits if they were the tenants of a unit in a conversion project at the time the first notice of intention to convert is given:

Senior citizens. Families where the head of the family is 62 years of age or older when the final map is submitted for approval, and the average unit rent for the three years prior to the final map approval has been below the median rent;

Handicapped. Families containing one or more handicapped members as defined and recognized by the State; and

Low income. Any family renting or leasing a unit which, for the three years prior to the final map approval, had an average rent less than 80% of the median rent in the City during such period for units with the same number of bedrooms.

§ 10-5.1611 Nonresidential condominium conversions.

Relocation benefits to be provided. The special groups set forth in subsection (h)(1) of this section shall be entitled to the following relocation benefits instead of the moving expenses specified in subsection (g)(3) of this section:

Relocation advisory assistance. The property owner shall provide relocation advisory assistance which shall include, as desired by the tenant to be relocated:

Providing current and continuing information on the availability, prices, and rentals of comparable decent, safe, and sanitary housing;

Providing transportation to and advice in selecting comparable housing;

Providing comparable, decent, safe, and sanitary housing to the tenant upon displacement and notice of the availability of such housing within a reasonable time prior to displacement (such housing shall not be housing for which a tentative map for a conversion has been filed); and

Providing for the moving of any household possessions of the tenant as a result of displacement.

Financial reimbursements. A tenant who is a member of any of the groups entitled to the special relocation benefits shall be provided all of the following financial reimbursements:

Moving costs. Payment of the actual and reasonable moving costs; and

Housing costs. Payment, made prior to displacement, of not to exceed the amount established by Section 7264 of the Government Code of the State, or the applicable successor section, which is necessary to enable the tenant to obtain decent, safe, and sanitary housing in an area generally not less desirable with regard to public utilities, access to employment, and access to public and commercial facilities, for a period of one year, with no increase in expense to the tenant other than what would have been expected if the tenant had not been displaced. Such payment may be used toward a down payment for the purchase of the unit occupied or any housing unit.

Maximum benefits. The total amount of benefits for any tenant under this subsection shall not exceed $8,000.00, except that such amount shall be increased on a percentage basis as determined by the change in the consumer price index between January 1, 1996, and January 1st of the year in which the final map is submitted for approval. Benefits shall be due and payable at the time of moving (if not required before moving) or entry into escrow to purchase the subject unit.

(i)

Harassment of tenants. After the approval of the tentative map, action by the landlord which is intended to cause the tenant to quit the premises prior to the 180 day notice, including unreasonable rent increases, shall be considered harassment and shall be grounds for the denial of a final map.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

Purpose. This section shall provide for the regulations of ownership conversion projects where ownership of existing nonresidential buildings is subdivided for continued nonresidential use, pursuant to Section 1350 of the State Civil Code. This section recognizes that a conversion is different from new construction in that the owners of a unit in a conversion take responsibility for a building built under standards that may be less stringent than those that are currently deemed necessary, and existing tenants may be displaced by a conversion. A conversion also differs from a rental property in that the unit owner assumes long-term responsibility for the unit owned, for the common areas of the project, and the higher level of economic cost required to own instead of rent. Furthermore, as the number of owners of a building increases, it may be more difficult to bring about the timely recycling of existing uses and buildings to new uses and buildings which may become more desirable at the location. Therefore, the intent of this section is to provide increased business ownership opportunities while at the same time mitigating the hardship caused by displacement of tenants; assuring that conversion projects maintain long-term economic value for the owner; and precluding conversions which may prolong the life of buildings not up to current standards or of uses which may not be in the long term best interests of the community or neighborhood.

Criteria.

Conditional Use Permit and map required. No existing nonresidential building may be converted to a nonresidential condominium unless a Conditional Use Permit is obtained pursuant to Section 10-5.2506, and a tentative map or parcel map obtained pursuant to Chapter 1 of Title 10 of this Code. In addition to the criteria applicable for a Conditional Use Permit and tentative or parcel map, the following criteria shall apply:

The proposed condominium conversion units shall be substantially equal to new condominium units in terms of quality of architecture, construction, and other design features.

Prior to final approval of the condominium conversion, the building and site containing the condominium units shall be fully conforming to all current zoning regulations including, but not limited to permitted uses, floor area ratio, building height, setbacks, parking requirements, and signs.

Each tenant, and each prospective tenant has, or will have, received all applicable notices and rights now or hereafter required by this section or by applicable State law.

Each tenant has, or will have, received applicable tenant benefits pursuant to subsection (h) of this section.

Minimum floor area. No conversion shall be permitted of any unit in the building having a unit size of less than 1,000 square feet.

Content of applications. The applicant shall file with the Community Development Department, in a form provided by the Community Development Department, a completed application for a Conditional Use Permit pursuant to Section 10-5.2506 of this chapter, and a completed application for a tentative map or parcel map pursuant to Chapter 1 of Title 10 of the Municipal Code. In addition the following reports shall be submitted as a part of the application for condominium conversion:

City inspection report of all structures for their compliance with all applicable building, plumbing, fire, electrical, and earthquake codes and a listing of any conditions which may cause health or safety hazards;

A structural pest control inspection report performed by a licensed pest control operator;

Reports from State licensed contractors for the heating and plumbing systems of the project, as well as reports for the condition of the roof. All such inspections shall have been conducted within three months prior to the submittal of the application for condominium conversion;

A tenant listing, including a plan for tenant notification, relocation, and financial assistance, if any;

A copy of the proposed declaration of project elements and covenants, conditions, and restrictions.

Building code and major systems corrections.

Prior to approval of the final map, the building containing the condominium units shall be fully conforming to all current building code regulations.

Any corrections or repairs recommended as reasonably necessary within the next five years to the heating or air conditioning or plumbing systems or to the roof, shall be provided for prior to approval of the final map.

Monthly reports to City. Commencing with the filing of an application and until such time as all tenants have received the benefits described in subsection (h) of this section, the applicant shall provide a written report to the City no less than every 30 days that includes the following information:

A listing of tenant names and addresses, including forwarding addresses, updated regularly;

The date on which each tenant or prospective tenant began occupancy and ended occupancy;

A brief description of the occupancy status of each tenant indicating the intent of the tenant to end occupancy or to purchase his unit.

Tenant benefits. The applicant shall provide benefits to tenants as follows:

Moving expenses. Each tenant renting a unit at the time of the approval of the tentative map and still renting a unit 10 days prior to the approval of the final map, but not including prospective tenants notified pursuant to subsection (f) of this section, shall be entitled to the following moving expenses, due and payable at the time of moving:

Furnished units. The tenant of any furnished unit shall receive moving expenses equal to two months' rent; and

Unfurnished units. The tenant of any unfurnished unit shall receive moving expenses equal to three months' rent.

(i)

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3108 c.s., eff. February 8, 2013)

§ 10-5.1612 Building moving.

Purpose. The moving of an existing building from outside the City to a site within the City, or from site to site within the City, requires specialized review to insure neighborhood compatibility, structural integrity, architectural quality, and compliance with the regulations of this Title and with the adopted Uniform Building Code.

Criteria. An application for Planning Commission Design Review as required by the provision of subsection (c) shall be subject to the following criteria in addition to all other applicable land use and development standards in this chapter:

The building to be moved shall be compatible with structures in the vicinity of the lot on which it is to be situated in terms of architecture, floor area, massing and bulk.

The building to be moved shall have no detrimental effect on the living environment and property values in the area into which it is to be moved.

If the vacated site is within the City, a bond shall be posted to cover the costs of cleaning the vacated site and restoring it to a safe and sightly condition.

Planning Commission Design Review required. No building shall be moved into the City, or moved within the City from one lot to another, except by approval of the Planning Commission pursuant to Section 10-2.2502 (Planning Commission Design Review).

§ 10-5.1614 Public utility facilities.

Submittal of Building Inspection Report. In addition to the application requirements in Section 10-5.2502 (Planning Commission Design Review), a Building Inspection Report shall be submitted that evaluates the overall condition of the building, as inspected and described in writing by a certified building inspector. The report shall include photographs and diagrams as necessary and shall enumerate all changes or alterations necessary to bring the building up to current Uniform Building Code standards.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

Purpose. The purpose of this section is to ensure that new public utility facilities and additions to existing facilities are compatible with surrounding properties and consistent with the public health, safety, and welfare of the City. While these regulations recognize the authority of applicable state agencies, it is the intent of the City to exercise any and all authority that it may have now or in the future under the California Constitution or general law with regard to the construction of any improvements or the making of any other changes to any public utility facility in the City. Inasmuch as it cannot be predicted with reasonable certainty at this time which such improvements, facilities or changes may be proposed to be made in the future, the source of the authority of the applicable state agency thereover and, consequently, the authority of the City thereover, it is necessary to write this section in general terms and allow its application to vary with the facts and the law governing each case.

Criteria. Application for a Conditional Use Permit for a public utility facility, as required by the provisions of subsection (c), shall be subject to the following development criteria in addition to all other applicable land use and development standards in this chapter:

The site for the proposed construction, reconstruction, erection, alteration, or placement shall be of adequate size and shape to accommodate the proposed use, yards, courts, walls, fences, and landscaping buffers, parking, and other required features.

Adequate street access shall be provided to carry the quantity and kind of traffic generated by the proposed use and designed to provide adequate ingress and egress for fire-fighting equipment or other safety equipment.

The proposed use shall have no adverse effect upon any abutting property, the neighborhood, or the City, and the proposed use shall protect the public health, safety, convenience, interest, and general welfare. In order to insure this provision and to comply with the purposes and intent of this chapter and the General Plan, any development standards or conditions may be imposed to create orderly and proper uses, as determined by the Planning Commission/Harbor Commission or City Council. Whenever a referenced municipal code section uses the term Planning Commission or Harbor Commission, it shall mean for the purposes of this Section 10-5.1614 the Planning Commission unless the subject property is within the Harbor-Pier area as defined in subsection (a) of Section 10-5.2512, in which case it shall mean the Harbor Commission.

The applicant may be required, as a condition of approval, to dedicate land for street or park purposes where indicated on the General Plan and to restrict areas perpetually as open space for common use by appropriate covenants.

A time limit for development may be imposed as provided in subsection (j) of Section 10-5.2506 (Conditional Use Permits).

Conditional Use Permit required. Subject to the following provisions, a public utility facility shall be a conditionally permitted use in any zone. The City Engineer may require that an application for such Conditional Use Permit be referred to the Public Works Commission for review, report and recommendation prior to action thereon by the Planning Commission or Harbor Commission, as the case may be.

A Conditional Use Permit shall be required for the construction, reconstruction, erection, alteration or placement of any improvement or the making of any other physical change in or to any public utility facility; provided, however, that where such improvement, facility or change is to be made pursuant to any order of the Public Utilities Commission, the South Coast Air Quality Management District, the Regional Water Quality Control Board or other state or regional agency having jurisdiction to make and enforce such order, the Planning Commission/Harbor Commission, or the City Council on appeal shall not make any decision or impose any condition in conflict with any such order or any condition thereof unless, in the opinion of the City Attorney, the City is not preempted therefrom under Article 11, Section 7 of the California Constitution by the enactment of general laws or the subject of such order is a municipal affair under Article 11, Section 5 of said Constitution.

Notwithstanding the provisions of subsection (c)(1) of this section, a Conditional Use Permit shall not be required for the following activities:

Repair or maintenance of any public utility facility;

Construction, erection or alteration of any building, or adjacent parking facilities therefor, used solely for the purpose of a business office to serve a public utility. (Note: Planning Commission Design Review of such exempt public utility facilities, however, may be required by other provisions of this Code);

Any construction, reconstruction, erection, alteration, or placement of any telephone or electric power line or gas or water pipeline located in any public or private right-of-way or across any private property installed pursuant to a utility service agreement;

Any work of improvement on such a facility which has a value, as determined by the City's Chief Building Official, for building permit purposes of $50,000.00 or less and which, as found and determined by the Community Development Director, will not have an appreciable adverse effect on the occupants of surrounding properties or on the general public and which is not inconsistent with the City's General Plan;

Any construction, reconstruction, erection, alteration or placement of any meters or measuring devices adjacent to customer residences or other facilities;

Any construction, reconstruction, erection, alteration or placement of any safety devices, such as pipeline pressure regulators or voltage regulators;

Emergency activities, such as, but not limited to, repair of downed power lines, broken gas or water lines or repair of existing equipment within an established distribution system which must be undertaken in order to avoid an immediate threat to human health or property.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3102 c.s., eff. February 8, 2013, and § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.1616 Recycling facilities.

Purpose. The purpose of these regulations is to meet the requirements of the State Beverage Container Recycling and Litter Reduction Act of 1986; to meet community recycling needs; and to insure the compatibility of recycling facilities with surrounding uses for the protection of the health, safety, and general welfare of the City and its residents. This section is not intended to regulate the establishment of recycling areas on residential properties for private use, which is addressed in Section 10-5.1538 of this chapter.

Criteria.

Reverse vending machines. Reverse vending machines operated as a secondary use within a commercial building located in a commercial or industrial zone shall be permitted. Reverse vending machines located outside of a building in commercial and industrial zones shall be permitted subject to Administrative Design Review pursuant to Section 10-5.2500. An application for Administrative Design Review shall be subject to the following development criteria in addition to all other applicable land use and development standards in this chapter:

The reverse vending machines shall be established in conjunction with a commercial or industrial use or a religious institution, fraternal organization, service club, or similar nonprofit corporation which is either in compliance with the provisions of this chapter and the Building and Fire Codes of the City or is a legal nonconforming building;

The reverse vending machines shall be located within 30 feet of the entrance to the building containing the primary use and shall not obstruct pedestrian or vehicular circulation;

The reverse vending machines shall not occupy parking spaces required by the primary use;

The reverse vending machines shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

The reverse vending machines shall be constructed and maintained with durable waterproof and rust-proof materials. Containers shall be placed within a pad including curbing or other means to protect against spills of any material where necessary;

The reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and telephone number of the operator or responsible person to call if the machine is inoperative;

The reverse vending machines shall have a sign area of a maximum of four square feet per machine, solely for the purpose of identifying the recycling facility or materials accepted for recycling. Additional area. The reverse vending machines shall be permitted to provide operating instructions;

On-site directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way. Directional signs in the public right-of-way shall require approval by the Engineering Department. Directional signs shall include the City's recycling logo;

The reverse vending machines and immediate vicinity shall be maintained in a clean, litter-free, odor-free, and pest-free condition on a daily basis;

The operating hours shall be at least the operating hours of the host use;

The reverse vending machines shall be illuminated to ensure comfortable and safe operation if the operating hours are between dusk and dawn;

The reverse vending machines shall not violate the City's noise regulations;

The reverse vending machines shall be located and designed to be aesthetically compatible with the host use and with surrounding uses; and

The reverse vending machines shall be found by the Community Development Department to have no significant detrimental impact on surrounding properties.

Small collection facilities. A small collection facility may be permitted in any commercial or industrial zone subject to approval of a Conditional Use Permit pursuant to Section 10-5.2506. An application for a Conditional Use Permit shall be subject to the following development criteria in addition to all other applicable land use and development standards in this chapter:

The facility shall be established in conjunction with an existing commercial or industrial use or a religious institution, fraternal organization, service club, or similar nonprofit corporation which is either in compliance with the provisions of this chapter and the Building and Fire Codes of the City or is a legal nonconforming building;

The facility shall be no larger than 800 square feet;

The facility shall not reduce available parking spaces below the minimum number required for the primary host use;

The facility shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;

The facility shall be located to minimize any impact on adjacent residentially zoned or occupied property;

The facility shall accept only glass, metals, plastic containers, papers, and other recyclable or reusable items approved by the Director of Public Works;

The facility shall use no power-driven processing equipment, except for reverse vending machines;

The facility shall use containers which are constructed and maintained with durable waterproof and rustproof materials, covered when the site is not attended, and secured from unauthorized entry or the removal of material and shall be of a capacity sufficient to accommodate materials collected. Collections shall be at least weekly. Containers shall be placed within a pad including curbing or other means to protect against spills of any materials where necessary;

The facility shall store all recyclable materials in containers or in the mobile unit vehicle and shall not leave materials outside of the containers when an attendant is not present;

The facility shall be maintained free of litter, odors, pests, and any other undesirable material, and mobile facilities shall be swept at the end of each collection day;

The facility shall not violate the City's noise regulations;

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

Containers for the 24 hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

The containers shall be clearly marked to identify the type of material which may be deposited. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers;

Signs may be provided as follows:

Recycling facilities may have identification signs with a maximum of 20% per side or 20 square feet, whichever is less, in addition to the informational signs required by subsection (n) of this subsection. In the case of a wheeled facility, the side will be measured from the pavement to the top of the container;

The signs shall be consistent with the character of the location; and

The facility shall not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto;

No additional parking space will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

The facility shall be located and designed to be aesthetically compatible with the host use and with surrounding uses; and

The Planning Commission shall retain jurisdiction over all approved small collection facilities to ensure compliance with the standards set forth in this subsection and may require a new hearing in the event such standards are violated.

Large collection facilities. A large collection facility may be permitted in any industrial zone subject to approval of a Conditional Use Permit pursuant to Section 10-5.2506. All applications for Conditional Use Permits for large collection facilities shall be referred to the Public Works Commission for its study and recommendations before submission to the Planning Commission. An application for a Conditional Use Permit shall be subject to the following development criteria in addition to all other applicable land use and development standards in this chapter.

The facility shall not abut a property zoned for residential use.

The facility shall be screened from the public right-of-way by operating in an enclosed building or shall be within an area enclosed by a decorative block wall at least six feet in height, with landscaping, and at least 150 feet from property zoned for residential use.

The facility shall not violate the City's noise regulations.

The setbacks and landscaping requirements shall be those provided for the zone in which it is located.

All exterior storage of materials shall be in sturdy containers which are covered, secured, and maintained in good condition or may be baled or palletized. Storage containers for flammable materials shall be constructed of nonflammable materials. Oil storage shall be in containers approved by the Fire Department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the wall.

The site shall be maintained free of litter, odors, pests, and any other undesirable material and shall be cleaned of loose debris on a daily basis.

Space shall be provided on the site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials.

One parking space shall be provided for each commercial vehicle operated by the recycling facility, and one parking space shall be required for each employee on the largest shift.

If the facility is located within 500 feet of property zoned for or occupied by a residential use, the facility shall not be in operation between 7:00 p.m. and 7:00 a.m.

Containers provided for after-hours donations of recyclable materials shall be at least 50 feet from any property zoned for or occupied by a residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate the materials collected, and shall be secure from unauthorized entry or the removal of materials.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of materials which may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Identification and informational signs shall be subject to the sign standards applicable to the zone in which the facility is located. On-site directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way. Directional signs in the public right-of-way shall require approval by the Engineering Department. Directional signs shall include the City's recycling logo.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and the shipment of materials, may be approved through the Conditional Use Permit process by the Planning Commission, subject to meeting the noise and all other applicable standards set forth in this subsection.

Containers and storage areas shall be placed within a pad including curbing or other means to protect against spills of any material where necessary.

The Planning Commission shall retain jurisdiction over all approved large collection facilities to ensure compliance with the standards set forth in this subsection and may require a new hearing in the event such standards are violated.

§ 10-5.1618 Hazardous waste facilities.

Processing facilities. A light processing facility may be permitted in any industrial zone subject to approval of a Conditional Use Permit pursuant to Section 10-5.2506. All applications for Conditional Use Permits for light processing facilities shall be referred to the Public Works Commission for its study and recommendations before submission to the Planning Commission. An application for a Conditional Use Permit shall be subject to the following development criteria in addition to all other applicable land use and development standards in this chapter:

The facility shall not abut a property zoned for or occupied by a residential use.

The processor shall operate in a wholly enclosed building, except for incidental storage, or:

Within an area enclosed on all sides by a decorative block wall not less than eight feet in height and landscaped on all street frontages; and

Located at least 150 feet from property zoned for or occupied by a residential use.

Power-driven processing shall be permitted provided all noise level requirements are met. Light processing facilities shall be limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and the repairing of reusable materials.

A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact, or bale ferrous metals other than food and beverage containers.

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the Health and Safety Code of the State.

The setbacks and landscaping requirements shall be those provided for the zone in which the facility is located.

All exterior storage of materials shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition or may be baled or palletized. Storage containers for flammable materials shall be constructed of nonflammable materials. Oil storage shall be in containers approved by the Fire Department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the wall. Containers and storage areas shall be placed within a pad including curbing or other means to protect against spills of any material where necessary.

The site shall be maintained free of litter, odors, pests, and any other undesirable material, and shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and the removal of materials when attendants are not present.

Space shall be provided on the site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of 10 customers or the peak load, whichever is higher.

One parking space shall be provided for each commercial vehicle operated by the processing center, and one parking space shall be required for each employee on the largest shift.

The facility shall not violate the City's noise regulations.

If the facility is located within 500 feet of property zoned for or occupied by a residential use, the facility shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open.

Donation areas shall be kept free of litter, odors, pests, and any other undesirable material. The containers shall be clearly marked to identify the type of material which may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Identification signs shall be subject to the sign standards applicable to the zone in which the facility is located. On-site directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way. Directional signs in the public right-of-way shall require approval by the Engineering Department. Directional signs shall include the City's recycling logo.

No dust, fumes, smoke, vibration, or odors above ambient levels may be detectable on neighboring properties.

The Planning Commission shall retain jurisdiction over all approved processing facilities to ensure compliance with the standards set forth in this subsection and may require a new hearing in the event such standards are violated.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

Any amendment to the General Plan, land use classifications, approval of any parcel map or tract map, approval of any Conditional Use Permit, or approval of any Variance issued or granted in connection with the siting of hazardous waste facilities shall require a separate finding that such approval is consistent with that portion of the Los Angeles County Hazardous Waste Management Plan which identifies the siting criteria for hazardous waste facilities.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

§ 10-5.1622 Outdoor dining.

Purpose. The purpose of this section is to permit the establishment of outdoor dining areas in conjunction with restaurants, snack shops, and other food-serving businesses in order to enhance and add vitality to the City's commercial areas and to encourage the development of a pedestrian-friendly urban environment in a manner that is consistent with the public health, safety and welfare and public access.

Criteria. In order for outdoor dining areas to be permitted, the following criteria shall be met in addition to all other applicable land use and development standards in this chapter:

The outdoor dining area shall be managed, operated, and maintained as an integral part of the adjacent food service establishment.

The outdoor dining area shall be designed to avoid noise impacts on residential uses.

The proposed hours of operation for the outdoor dining area shall be complementary to the business district in which the use is located, and shall not negatively impact residential uses.

There shall be no cooking or food preparation done outside a building.

No outdoor dining area shall serve alcoholic beverages unless such outdoor dining area includes the provision of full food service.

The outdoor seating shall meet the parking requirements of Section 10-5.1706.

Permits required.

Outdoor dining areas of no more than 150 square feet in area shall be subject to approval by Administrative Design Review pursuant to Section 10-5.2500.

Outdoor dining areas greater than 150 square feet in area shall be subject to approval of a Conditional Use Permit pursuant to Section 10-5.2506.

Approval of an encroachment permit pursuant to Chapter 14 of Title 3 of the Municipal Code shall also be required if the proposed outdoor dining area utilizes any portion of the public right-of-way.

§ 10-5.1624 Housing for senior citizens.

No outdoor dining area shall be established or used unless it has received a Coastal Development Permit which shall ensure that no adverse impacts to pedestrian public access along the affected sidewalk occurs.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

Purpose. The purpose of the senior housing development standards is to:

Recognize the housing needs of senior citizens;

Provide a mechanism and standards for the development of rental or for-sale housing available to senior citizens;

Provide comprehensive standards and regulations to ensure housing is designed to meet the physical and social needs of senior citizens;

Facilitate the establishment of housing for senior citizens within certain zones subject to the approval of a conditional use permit;

Comply with state and federal laws prohibiting age discrimination in housing; and

Provide standards and regulations for housing for senior citizens constructed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing Act, and Title 24 of the California Code of Regulations.

Applicability. This section shall apply to applications for senior housing (including senior citizen housing development, senior group housing, or residential care facility for the elderly) as defined in Section 10-5.402 of this chapter. Where a development is permitted to vary from the development standards of the underlying zone pursuant to this section, application for an additional density bonus or incentive pursuant to Article 9 of this chapter shall not be permitted. Nothing in this section prohibits an application for density bonus and incentives for senior citizen housing pursuant to Article 9 where the project is not relying on this section for varying any standards of the underlying zone.

Conditional Use Permit and Planning Commission Design Review required. No senior housing, including senior group housing, senior citizen housing development or residential care facility for the elderly shall be approved pursuant to the standards and criteria of this section unless both a Conditional Use Permit is obtained pursuant to Section 10-5.2506 and an application for Planning Commission Design Review is approved pursuant to Section 10-5.2502.

Zones where permitted by Conditional Use Permit. Housing for senior citizens may be considered in Area 1 of the Coastal Zone in the R-3A, RMD, and RH multiple-family residential zones, in commercially zoned lots fronting Pacific Coast Highway that are also located north of Knob Hill Avenue and in all mixed-use zones. Residential care facilities for the elderly may be considered in the Coastal Zone in Public-Community Facility (P-CF) zoned lots over one acre.

Location criteria. Housing for senior citizens should be located consistent with the following guidelines:

The proposed project should be located within a reasonable walking distance of a wide range of commercial retail, professional, social and community services patronized by senior citizens; or have its own private shuttle bus which will provide daily access to these services;

The proposed project should be located within a reasonable walking distance of a bus or transit stop unless a common transportation service for residents is provided and maintained;

The proposed project does not impact beach or pier access parking;

The proposed project does not displace a visitor serving commercial facility as defined in subsection (a)(178) of Section 10-5.402, Article 1, Chapter 5, Title 10, of the Redondo Beach Municipal Code;

Any proposed projection above the height limit of the underlying zone will have no significant impact on public views to and along the coastline or coastal bluffs;

The proposed project protects community character and pedestrian scale;

In zones designated for low and medium density multi-family residential use, except for elevator housings allowed in order to accommodate access for the handicapped, the proposed project is consistent with adopted height limits; and

Development of housing for senior citizens at the proposed location is not detrimental to public health, safety and general welfare.

(e)

Development standards and design requirements. A senior housing development shall comply with all applicable requirements of the underlying zone, except as provided in this subsection. The decision-making body shall not approve any variation from the standards of the underlying zone unless it finds that the project is consistent with the criteria and standards of this section and the criteria for approval of applications for a Conditional Use Permit and Planning Commission Design Review.

The project may be permitted to exceed the density and floor area ratio standards of the underlying zone.

The project may be permitted to exceed the number of stories of the underlying zone.

In low and medium density residential (R-3A, RMD) zones, the project may be permitted to exceed the maximum height of the underlying zone by a maximum of five feet for purposes of accommodating an elevator housing. In Commercial (C-2, C-3, and C-4), High Density Multi-Family Residential (RH), and Mixed Use (MU) zones, an elevator housing, architectural projections, and the portion of a roof above the eave line may exceed the height limit of the underlying zone by a maximum of five feet, as long as the height to the top of the cornice, parapet, or eave line of a peaked roof does not exceed the maximum height of the underlying zone.

Where upper story setbacks are required, the project may be permitted to vary from the standards of the underlying zone provided the intent of softening the impacts of mass and bulk is met through solutions such as averaging of setback requirements and significant variations in the building elevations.

The project shall provide no fewer than the minimum number of parking spaces required, according to the type of senior housing development in Section 10-5.1704 of this chapter. In addition:

Parking reductions established in Section 10-5.1704 shall only be allowed in developments that have a minimum age requirement of 62;

Where possible, parking layouts should avoid ninety (90°) degree angles (no less than thirty (30°) degree angles and no more than sixty (60°) degree angles are recommended);

Required parking spaces shall be available to residents of the project at no fee.

Outdoor living space requirements shall be a minimum of 150 square feet of common and/or private space per unit, with a minimum of 50 square feet of private space for each unit.

The minimum floor area for a residential unit shall be 350 square feet.

The development, if appropriate, may be required to provide one or more of the following common facilities for the exclusive use of the senior citizen residents:

Central cooking and dining room;

Beauty salon/barber shop;

Small pharmacy;

Recreation room;

Library.

(9)

Notwithstanding Section 10-5.1514 of this chapter, all dwelling units shall be provided with at least 200 cubic feet of enclosed, weatherproofed, and lockable storage space in one location.

(10)

Where washers and dryers are not provided in individual units, laundry facilities shall be provided in a separate room at the ratio of no less than one washer and dryer for every 25 dwelling units or fractional number thereof. Shared washers and dryers may be coin operated.

(11)

In the case of rental projects, a manager's unit shall be provided in every project of 16 or more units.

(12)

In addition to the common areas described above, additional services and programs are encouraged, but not required, to be included in all projects to meet the physical and social needs of senior citizens. Such desirable services and programs may include, but are not limited to, the following:

Social and recreational programs;

Continuing education, information and counseling services;

House cleaning/cooking;

Inside/outside maintenance services;

Emergency and preventative health care programs/services; and

Transportation services.

(13)

A housing development for senior citizens shall be required to include all of the design features and elements required in Section 51.2(d) of the California Civil Code.

(f)

Inclusionary housing requirements. Prior to the issuance of a building permit for any portion of the project, the developer shall enter into a written agreement with the City restricting the affordability of units as required below to not less than 55 years. The mix (size range) of affordable units (number of bedrooms, floor area, and amenities) shall be in similar proportion to the mix for the total number of units.

Rental housing. Any rental housing project that is permitted to vary from the standards of the underlying zone pursuant to this section shall be required to restrict not less than 10% of the total units for occupancy and affordability to lower-income households as defined in Section 50079.5 of the Health and Safety Code ("H&SC").

For-sale housing. Any for-sale housing project that is permitted to vary from the standards of the underlying zone pursuant to this section shall be required to restrict not less than 10% of the total units for occupancy and affordability to low and moderate-income households as defined in Section 50093 of the Health and Safety Code, in approximate proportion to the construction need for low and moderate income categories as identified in the Housing Element of the General Plan pursuant to the Regional Housing Needs Assessment process.

(g)

Senior citizen use guarantees. Prior to the issuance of an occupancy permit for any portion of the project, the applicant/developer shall record a covenant (and covenants for each unit in the case of for-sale housing) restricting the use of the project to housing for senior citizens and describing the continuing responsibility for the operational features listed in subsections (e)(8)—(13) above and approved as part of the project description as indicated below. Such restrictions shall apply unless and until an alternative use is approved by the City that complies fully with all standards applicable to the underlying district.

Each person in residence in each dwelling unit shall be 62 years of age or older; or

In a senior citizen housing development one person in residence in each dwelling unit shall be 55 years or older and each other resident in the same dwelling unit may be required to be a qualified permanent resident as defined in Section 51.3(b) of the California Civil Code.

Monitoring and reporting requirements. To assure compliance with the age requirements of senior housing approved pursuant to this section, all owners of rental housing for senior citizens approved pursuant to this section shall be required to submit, in December of each calendar year, an updated list of all project tenants and their age to the Community Development Director. This reporting requirement shall not apply to projects involving and monitored by the Redevelopment Agency.

(§ 4, Ord. 2985 c.s., eff. June 16, 2006, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013, § 2, Ord. 3148 c.s., eff. October 13, 2016, and § 3, Ord. 3150 c.s., eff. October 13, 2016)

§ 10-5.1626 Cannabis regulations.

Purpose and findings. The City Council finds that it is in the interest of public health, safety, and welfare of the residents and businesses within the City to responsibly regulate and allow for commercial cannabis activities in the City of Redondo Beach.

"Caregiver" or "Primary caregiver"

Definitions.

"A-license"

means a State license issued under the Act for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician's recommendations.

"A-licensee"

means any person holding a license under the Act for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician's recommendations.

"Act"

shall mean the California Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), as in Business and Professions Code Section 26000 et seq., as amended from time to time.

"Applicant"

shall mean and refer to a person applying for a Development Agreement pursuant to this section.

"Cannabis accessories"

means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

"Cannabis product"

means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Cannabis retailer"

means a commercial cannabis business where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of Redondo Beach authorizing the operation of a retailer, and a valid state license as required by state law to operate as a retailer.

"Cannabis"

For the purpose of this section "cannabis" and "marijuana" shall have the same meaning.

has the same meaning as the term is defined in Section 11362.7 of the State Health and Safety Code.

"City Council" or "Council"

means the City Council of the City of Redondo Beach.

"City Manager"

means the City Manager of the City of Redondo Beach or his or her designee(s).

"City"

means the City of Redondo Beach.

"Commercial cannabis activity"

includes only storefront retail sale of cannabis and retail delivery of cannabis products; and excludes the cultivation, manufacturing, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, and all activities that are not explicitly expressed in this subsection.

"Commercial retail cannabis permit"

means the permit issued by the City under RBMC Title 6, Chapter 6-6.

"Conditional Use Permit"

means the permit issued by the City under RBMC Section 10-5.2506.

"Cultivation site"

means a location where cannabis is planted, grown, harvested, dried, cured, graded or trimmed, or a location where any combination of those activities occurs.

"Cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Customer"

means a natural person 21 years of age or over or a natural person 18 years of age or older who possesses a physician's recommendation.

"Day care center"

means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the CA Health and Safety Code.

"Delivery"

means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer (or a microbusiness engaging in retail sales).

"Department"

means the Department of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Cannabis Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Cannabis Regulation.

"Dispensary" or "storefront retailer"

means a location where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products.

"Distribution"

means the procurement, sale, and transport of cannabis and cannabis products between licensees.

"Edible cannabis product"

means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Section 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code.

"Gross receipts"

means, except as otherwise specifically provided herein, whether designated as a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, and property of any kind or nature) received or payable for sales of goods, wares, or merchandise without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor, or service costs, interest paid or payable, losses, or any other expense whatsoever. However, the following shall be excluded from gross receipts:

Cash discounts where allowed and taken on sales;

Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;

Receipts derived from the occasional sale of used, obsolete, or surplus trade fixtures, machinery, or other equipment used by the taxpayer in the regular course of the taxpayer's business;

Cash value of sales, trades, or transactions between departments or units of the same business;

Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a given year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered; and

"Marijuana" or "cannabis"

Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar.

"Hearing officer"

means the City Manager or his/her designee, who shall preside over administrative hearings.

"Liquid assets"

means assets that can be readily converted into cash. "Liquid assets" include, but are not limited to, the following: funds in checking or savings accounts, certificates of deposit, money market accounts, mutual fund shares, publicly traded stocks, and United States savings bonds. "Liquid assets" does not mean household items, furniture and equipment, vehicles, cannabis or cannabis products, business inventory, or real property and improvements thereto.

"M-license"

means a State license issued under the Act for commercial cannabis activity involving medicinal cannabis.

"M-licensee"

means any person holding a license under the Act for commercial cannabis activity involving medicinal cannabis.

"Manufacture"

means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Manufacturer"

means a person that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a State license pursuant to this section.

means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Medicinal cannabis"

means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation.

"Medicinal delivery"

means the commercial transfer of medicinal cannabis to a customer that possesses a physician's recommendation. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this section that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

"Nursery"

means a license that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

"Operation"

means any act for which any State or local licensure is required under the provisions of this section or any commercial transfer of cannabis or cannabis products.

"Owner"

means any of the following:

A person with an aggregated ownership interest of 20% percent or more in the person or entity applying for a license or a licensee, unless such interest is solely in security, lien, or encumbrance.

The chief executive officer or a member of the board of directors of a nonprofit organization.

An individual who will be participating in the direction, control, or management of the person or entity applying for a license.

"Owner"

means any of the following:

All persons identified as an "owner" on any permit, license, or other authorization issued by a state agency or local government which authorizes the persons to establish and operate the cannabis facility.

Any person identified or required to be identified as an "owner" on an application filed with any state agency and any local government, wherein the application requests the privilege to operate the cannabis facility.

"Physician's recommendation"

If no person under subsection 1 or 2, above, exists:

A person with an aggregate ownership interest of 20 percent or more in the corporate entity, partnership, or other business entity applying for a permit or a permittee, unless the interest is solely a security, lien, or encumbrance.

The chief executive officer of a nonprofit or other entity.

A member of the board of directors of a nonprofit.

An individual who will be participating in the direction, control, or management of the person applying for a permit. A member of the board of directors of a nonprofit.

An individual who will be participating in the direction, control, or management of the person applying for a permit.

"Package"

means any container or receptacle used for holding cannabis or cannabis products.

"Permit Administrator"

means the City Manager or designee.

"Permittee"

means a person who has obtained a commercial cannabis permit from the city to operate a cannabis business.

"Person"

includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

"Premises"

means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted.

"Private residence"

means a house, an apartment unit, a mobile home, or other similar dwelling.

"Purchaser"

means the customer who is engaged in a transaction for purposes of obtaining cannabis or cannabis products.

"Qualified delivery service"

is one that has been licensed pursuant to the requirements of California Business and Professions Code Section 26050, maintains at all times while operating in the City of Redondo Beach all necessary State licenses, and operates in compliance with State and local law.

"School"

means any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

"Sell," "sale," and "to sell"

includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.

"State license"

means a State license issued under this section, and includes both an A-license and an M-license, as well as a testing laboratory license.

"State licensee"

means any person holding a license under this section, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.

"State licensing authority"

means the State agency responsible for the issuance, renewal, or reinstatement of the license, or the State agency authorized to take disciplinary action against the licensee.

"Testing laboratory"

means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following:

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.

Licensed by the Department.

"Testing service"

means a laboratory, facility, or entity in the State, that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, and that is both of the following:

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State.

Registered with the State Department of Public Health.

"Youth center"

means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Commercial cannabis activities prohibited unless specifically authorized by this chapter.

It shall be unlawful for any person to operate, cause, allow, assist, participate in, engage in, or in any way conduct any commercial cannabis activity within the City, including, but not limited to, the cultivation, delivery, distribution, manufacture, testing, transport, retail, microbusiness, purchase, sale, testing, distribution, giving away, or otherwise transferring of cannabis or cannabis products, or any other activities for which a license is available except in compliance with the provisions of subsection (c)(2) below.

The prohibitions of subsection (a) shall not apply to the following persons, provided said person operates in strict accordance with State and local regulations:

A clinic, licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

Health care facility, licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

A residential care facility for persons with chronic life-threatening illness, licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

A residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

A residential hospice or home health agency, licensed pursuant to Chapter 8 of the Health and Safety Code;

Personal indoor cultivation in compliance with this section.

A licensee's transportation of cannabis or cannabis products on public roads pursuant to subsection (b) of Section 26080 or subsection (e) of Section 26090 of the Business and Professions Code, as the same may be amended from time to time, provided the licensee is permitted or approved to operate by the local jurisdiction in which the licensee's facilities are physically located;

A permittee authorized to engage in storefront retail activities under this section, provided that said person has been issued a commercial retail cannabis permit by the City under RBMC Title 6 Chapter 6-6, has been granted a conditional use permit, has been issued the requisite license from the Department, and otherwise complies, at all times, with the provisions of this section.

A permittee authorized to engage in delivery retail activities under this section, provided that said person has been issued a commercial retail cannabis permit by the City under RBMC Title 6 Chapter 6-6, has been issued the requisite license from the Department, and otherwise complies, at all times, with the provisions of this section.

Until the City establishes a local commercial cannabis tax, the City hereby expressly prohibits the delivery of cannabis and cannabis products within the City except by cannabis retailers based within the City. If the City is required by State law to permit the delivery of cannabis and cannabis products by cannabis retailers not based within the City, such cannabis retailers not based within the City shall be required to comply with the provisions in this section, including, but not limited to, the City commercial cannabis business permit application and approval processes under the section.

Delivery of medicinal cannabis and medicinal cannabis products to qualified patients and their primary caregivers by State licensee cannabis businesses, is permitted within the City and is subject to the permitting requirements outlined in RBMC Title 6 Chapter 6-6.

Individual cultivation restrictions.

No person shall plant, cultivate, harvest, dry, or process more than six cannabis plants or permit more than six cannabis plants to be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence at one time.

Personal cultivation permitted under Health and Safety Code Section 11362.2, as amended from time to time, must occur in a secured indoor location or outdoors within a locked structure upon the growers own property, or a property to which they have explicit authority to access, and in an area that is not visible from a public right-of-way.

Commercial cannabis retailer regulations.

Cannabis retailer permit required. A cannabis retailer must obtain and maintain at all times a valid Commercial Cannabis permit as required pursuant to Redondo Beach Municipal Code Title 6, Chapter 6.

Conditional use permit and zoning.

A Conditional Use Permit is required to establish a cannabis business or operate as a cannabis retailer. Cannabis retailers shall be required to comply with all zoning, land use, and development regulations applicable to the zoning district in which they are permitted to establish and operate such business as set forth in the Redondo Beach Municipal Code.

The cannabis retailer is not required to obtain a Conditional Use Permit prior to applying for a Commercial Cannabis Permit.

If a cannabis retailer is authorized by Conditional Use Permit to operate a cannabis business on a particular site and such operation is discontinued for a continuous period of 12 months, the Conditional Use Permit expires for discontinuance of use and thereafter is void.

Number of retailers. No more than two sites may be used for storefront commercial cannabis retailers at any time. Those sites maybe concurrently licensed to provide delivery.

Location requirements.

Cannabis retailers shall be permitted only in commercial and industrial zones, specifically limited to the C-1, C-2, C-2A, C-2B, C-2PD, C-3, C-3A, C-3B, C-3PD, C-4, C-4A, C-4B, C-4PD, C-5A, CR, I-1, I-1A, I-1B, I-2, I-2A, and IC-1 zones. Cannabis retailers are prohibited in Coastal Commercial zones. Cannabis retailers are prohibited in any public-institutional zones and zones where residential is permitted.

No retailer shall be established or located within 1,000 feet, measured from the nearest property lines of each of the affected parcels, of any other cannabis retailer.

No retailer shall be established or located within 1,500 feet of any school that is a public or private high school or middle school, measured from the nearest property lines of each of the affected parcels.

No retailer shall be established or located within 600 feet from any school that is a public or private elementary school, day care center, or youth center, measured from the nearest property lines of each of the affected parcels.

No retailer shall be established or located within 150 feet of Dale Page Park, measured from the nearest property lines of each of the affected parcels.

No Council District shall have more than one cannabis retail site.

No permitted cannabis retailer may operate from a location where illegal cannabis-related or drug-related activity has occurred, for a minimum of five years from the passing of the ordinance codified in this section or from the date of the violation, whichever is later.

No retailer shall be established or located in more than one zip code, specifically limited to one retailer per zip code (90277 and 90278).

No retailer shall be established or located on Artesia Blvd. west of Felton Lane.

Operating requirements. In addition to those operating requirements specifically set forth in Section 6-6.06, the following operating requirements shall apply to all cannabis retailers operating in the City of Redondo Beach:

Hours of operation. Storefront retail sales may be open for access to the public between the hours of 9:00 a.m. and 10:00 p.m., Monday through Sunday. Delivery hours shall be limited to between the hours of 6:00 a.m. and 10:00 p.m., Monday through Sunday.

Commercial cannabis activities may only operated within a fully enclosed and permanent building. For purposes of this section, the phrase "fully enclosed and permanent building" shall mean a structure having a roof that is enclosed on all sides and is intended and has a useful life appropriate for long-term use, as contrasted with a "temporary building" that is not designed or intended to be permanently located, placed, or affixed to the premises.

No permitted cannabis retailer may operate from a location that has previously been enforced upon for illegal cannabis activities, for a minimum of five years from the passing of the ordinance codified in this section.

Notwithstanding the requirements of RBMC Section 6-6.15, uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities.

For medicinal cannabis, the retailer shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and that the potential customer has a valid physician's recommendation. For adult-use cannabis, the retailer shall verify the age of each customer to ensure the customer is not under the age of 21 years.

Delivery services are permitted either in association with a permitted storefront cannabis retailer or as a delivery only business. Delivery of cannabis shall be permitted in compliance with provisions of subsections (c)(2)(h) and (c)(2)(i) of this section. A delivery service may operate only as a part of and in conjunction with a retailer permitted pursuant to State law and pursuant to Redondo Beach Municipal Code. Delivery of cannabis from a retailer permitted pursuant to this section can only be made in a City of County that does not expressly prohibit it by ordinance.

(e)

Public nuisance. Any use or condition caused, or permitted to exist in violation of any provision of this section within the City limits of the City of Redondo Beach is declared to be a public nuisance and may be abated by the City either pursuant to Title 4, Chapter 10 of Redondo Beach Municipal Code or any available legal remedies, including, but not limited to, civil injunctions.

(f)

Criminal penalties. Any violation of any provision of this section shall be deemed a misdemeanor and shall be enforced pursuant to Title 1, Chapter 2 of Redondo Beach Municipal Code.

(g)

Separate offense for each day. Any person who violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

Use or activity prohibited by State law. Nothing in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by State law.

(§ 2, Ord. 3016 c.s., eff. June 20, 2008, as amended by §§ 1—4, Ord. 3151 c.s., eff. May 5, 2016, §§ 3—11, Ord. 3178 c.s., eff. December 7, 2017, § 3, Ord. 3235 c.s., eff. September 6, 2022, and Ord. 3289-25 c.s., eff. April 10, 2025)

§ 10-5.1628 Massage businesses.

Purpose. In order to ensure compliance with State and City requirements regarding health and safety, and maintain the compatibility of this particularly sensitive land use with surrounding land uses, the following criteria shall be met in addition to all other applicable land use and development standards in this chapter.

Criteria.

Massage businesses shall comply with all provisions of Title 6, Chapter 2 of this Code.

Massage business owners shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Health.

No massage business may be operated from a location where illegal activity has occurred within three years of submission of an application for a massage business at that location.

Massage establishment owner(s) must submit proof of a valid business registration certificate or proof that consideration of such a certificate is in process.

The minimum separation between site boundaries of properties containing massage businesses shall be 1,000 feet, except that this standard may be waived by the decision making body upon a finding that the addition of the massage business will not contribute to or create a blighting influence in its vicinity.

Alcohol shall not be sold, consumed or purchased in any massage business.

Condoms shall not be sold or purchased in any massage business.

Conditional use permit required.

No massage businesses shall be established after the effective date of the ordinance codified in this section unless a conditional use permit is obtained pursuant to Section 10-5.2506.

Massage establishment violations. If a massage business or any massage business employee is convicted of a felony or misdemeanor, or pleads nolo contendere to an infraction violation of applicable City code or State law and that violation is one that permits the business to continue operations, the massage business must obtain a conditional use permit to continue operating in the City.

(§ 8, Ord. 3147 c.s., eff. December 17, 2015)

§ 10-5.1630 Body art studios.

Criteria.

Body art studios shall not operate between the hours of 10:00 p.m. and 10:00 a.m.

The operator of the body art studio shall be responsible for ensuring that all body art employees have obtained all necessary training, certification and permits to perform body art services.

All requirements set forth in California Assembly Bill 300, the Safe Body Art Act are incorporated by reference in this chapter and all operators of body art studios shall comply with all requirements included therein.

Live animals, except for service animals, shall not be allowed on the premises.

Temporary or mobile studios or events are not authorized.

Under no circumstance shall alcohol be sold, consumed or purchased in any body art studio.

The minimum separation between site boundaries of properties containing body art businesses shall be 1,000 feet, except that this standard may be waived by the decision making body upon a finding that the addition of the body art business will not contribute to or create a blighting influence in its vicinity.

Conditional use permit required. No body art studio shall be established unless a conditional use permit is obtained pursuant to Section 10-5.2506.

(§ 7, Ord. 3144 c.s., eff. December 17, 2015)

§ 10-5.1634 Emergency shelters.

Purpose. The purpose of this section is to provide emergency shelter opportunities for homeless persons within the I-2A Zone District.

Development standards. The following standards shall apply, as permitted by Government Code Section 65583(a)(4):

The proposed shelter shall conform to the applicable Building and Fire Codes.

The proposed shelter shall be consistent with the General Plan.

The proposed shelter shall meet the development standards that are applicable to the I-2A Zone District.

The maximum number of beds or persons permitted to be served nightly by the facility shall be based upon California Building Code occupancy limits for the building in which the shelter is to be housed or developed.

On-site management shall be provided on a 24 hour basis.

Off-street parking shall be provided in accordance with Section 10-5.1706.

The shelter shall be located no less than 300 feet from any other shelter facility, as permitted by California Government Code Section 65583(a)(4).

The length of stay for any client shall be a maximum of six months in a 12 month period.

(9)

Lighting.

All outdoor lighting associated with commercial uses shall be designed so as not to adversely impact surrounding residential uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high intensity of brightness.

Parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.

§ 10-5.1636 Low barrier navigation centers.

Review. The Director shall have the authority to review and approve emergency shelters that meet the requirements of this section. The review shall be ministerial.

(§ 5, Ord. 3175 c.s., eff. November 10, 2017)

Purpose and intent. The purpose of this section is to establish development standards for low barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of State law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

Applicability. The provisions of this section shall apply to all low-barrier navigation center projects. Low-barrier navigation centers are allowed by-right (not subject to a discretionary permit or approval) in areas zoned for mixed-use and nonresidential zones permitting multi-family uses. Low barrier navigation centers must meet the following requirements:

Connected services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

Coordinated entry system. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

Code compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

Homeless management information system. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. 3283-24 c.s., eff. December 12, 2024)

§ 10-5.1638 Supportive housing.

Purpose and intent. The purpose of this section is to ensure that housing development projects that meet the definition of supportive housing as defined in California Government Code Section 65650 et seq. are reviewed and processed ministerially pursuant to California Government Code Section 65583(c)(3).

Applicability. The provisions of this chapter shall apply to all supportive housing projects meeting the requirements of California Government Code Section 65650 et seq.

Projects allowed by-right. Supportive housing shall be a use by right, subject to Administrative Design Review, in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multi-family uses, if the proposed development satisfies all of the following requirements:

The development is within a mixed-use zone or multi-family residential zone.

Units within the development are subject to a recorded affordability restriction for 55 years.

100% of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians.

At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.

Nonresidential floor area shall be used for on-site supportive services in the following amounts:

For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.

For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in State Density Bonus Law (California Government Code Section 65915(c)(3)(C)).

Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

Development and operational standards. Supportive housing projects shall comply with all the following standards

The project shall comply with applicable Objective Residential Standards, and development standards or policies also required of multi-family developments in the same zone. Supportive housing projects in nonresidential zones where housing is permitted by State law, shall comply with the development standards applicable to the multi-family zone consistent with the density for the project.

The applicant shall submit a plan for providing supportive services, to include all the following items:

Documentation that supportive services will be provided on site.

The name of the proposed entities that will provide supportive services.

The proposed funding sources for the services provided.

Proposed staffing levels.