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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING TITLE 22 OF THE
LONG BEACH MUNICIPAL CODE TO ESTABLISH A NEW
MIXED USE 1-B (MU-1-B) ZONE TO IMPLEMENT THE 2019
LONG BEACH GENERAL PLAN LAND USE ELEMENT
UPDATE AND ESTABLISH ADDITIONAL INCENTIVES FOR
ESSENTIAL RETAIL
WHEREAS, in November 2020, the City established its new “interim” Zoning Code in Title 22 of the Long Beach Municipal Code. Twelve new zoning districts were adopted to correspond with and implement the Neighborhood Serving mixed use and Community Commercial PlaceTypes of the Land Use Element. Six of the zones were developed and adopted as basic zones that could apply in any area of the City. The other six zones were tailored to reflect community priorities and concerns in North Long Beach as part of as “A-series” of zones with tailored incentives and restrictions based on community input;
WHEREAS, to address the community input regarding the critical need for commercial services and business opportunities, a new Mixed Use 1-B (MU-1-B) zone is being established. This new zone will reflect all of the same allowable uses and development standards of the Mixed Use 1-A (MU-1-A) zone, with one exception, that the MU-1-B zone will not allow for 100 percent residential projects and will require a commercial component for any new development constructed or otherwise developed within the zone;
WHEREAS, the zoning code amendments to Title 22 will establish additional incentives for essential retail by amending the Section 22.25 (Special Use Incentives) of Tile 22 to include banks and pharmacies in the list of potential uses that ORD-23
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
can qualify for Floor Area Ratio (FAR) relief. These incentives will be applicable to all established and future A-Series zones as well as the "standalone" B-series zone MU-1-B; WHEREAS, this program is consistent with State law which provides that a city must update its zoning ordinance to be consistent with its updated general plan within “a reasonable time” (see California Government Code Section 65860); WHEREAS, the required public hearing notice was provided in accordance with state law and the Long Beach Municipal Code.
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. The Long Beach Municipal Code is amended by amending Title 22 to read as shown on Attachment “A” which is attached hereto and incorporated herein by this reference and hereby adopted by the City Council after a duly noticed public hearing on the matter.
Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ______________________, 20 , by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved:
(Date) Mayor
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28 OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ATTACHMENT “A”
CHAPTER 22.10 - GENERAL PROVISIONS
22.10.010 - Title.
This Title is being established in order to facilitate a substantial update to the City's Zoning Regulations. The intention is to fully transition from Title 21 (Zoning) to Title 22 (Zoning). During the transition period, all regulations contained within Title 22 apply to zones established in Title 22.
In the case of a regulation not specified in Title 22, the regulations contained in Title 21, including those set forth in Section 21.10.080, "Penalty for violation," shall apply. If uncertainty arises concerning the content or application of Title 22, the Zoning Administrator is authorized to determine all pertinent facts, interpret the Title 22 regulations, and, where appropriate, determine which provisions of either Title 21 or Title 22 are applicable. The Classification of Use procedure, which is set forth in Chapter 21.25 of Title 21, shall be used to resolve discrepancies.
22.10.020 - Purpose and Intent.
The following zones are established to support a healthy, active area with a mixture of uses that support a full-service community along corridors and at activity nodes.
A. The following zones are established to foster and support multi-modal mixed-use corridors that provide daily needs, goods, and services in walkable proximity to established residential neighborhoods.
1. Residential Mixed-Use 3 (RMU3 and RMU3 A-Series) zones are residentially focused and permit a range of residential configurations with limited neighborhood-serving non-residential uses. Uses may be configured in a horizontal or vertical mixed- use format.
2. Residential Mixed-Use 4 (RMU4 and RMU4 A-Series) zones are residentially focused and permit higher density residential uses in areas where multi-family housing is currently the dominant use. These zones permit intensification of existing residential areas to increase housing opportunities and introduce neighborhood-serving, non-residential uses in proximity to residents.
3. Mixed-Use 1 (MU-1, and MU-1 A-Series, and MU-1 B-Series) zones provide for medium-scale, mixed-use development as a transition between residential and mixed-use nodes. These zones permit mixed residential and non-residential uses in a wide variety of configurations. The MU-1 B-Series zone has a commercial component required for all new development.
4. Mixed-Use 2 (MU-2 and MU-2 A-Series) zones provide for neighborhood activity centers in proximity to bus routes and multi- modal corridors. These zones permit horizontal and vertical mixed-use appropriately scaled for adjacent neighborhoods.
5. Mixed-Use 3 (MU-3 and MU-3 A-Series) zones provide for the highest intensity neighborhood activity centers in proximity to bus routes and multi-modal corridors. These zones permit horizontal and vertical mixed-use scaled for the highest intensity uses that benefit from transit proximity and pedestrian activity.
B. The following commercial zones are established to implement the transition to more community-serving commercial uses. Commercial 3 (C3 and C3-A Series) zones are non- residential zones that support the transition of larger format industrial/light industrial development to neighborhood services. These zones permit non-residential development, scaled to the neighborhood setting, with a range of services and employment uses and intensities.
Table 2B: Permitted Uses in Mixed Use (MU) Zones
Table 2B: Permitted Uses
Uses
Mixed-Use Zones Mixed-Use Zones (A-Series)
Notes and Exceptions
Code section numbers
reference the Long Beach
Municipal Code.
All uses subject to
21.52.29 and the
following noted standards
or regulations.
MU-
1 MU-
2 MU-
3 MU-
1-A/
MU-
1-B*
MU-
2-A
MU-
3-A
Alcoholic Beverages Sales and Uses
Off-Premises Sales C N C N N N See Specific Use Standards for alcoholic beverage
sales exempt from the
CUP process.
Subject to Section
21.45.114.
On-Premises Sales C C C C C C
Alcohol Beverage Manufacturing Y C AP Y C AP
Accessory Tasting Room A A A A A A
Assembly Uses
Live or Movie Theater
≤100 Seats Y AP Y Y AP Y
AP for review of noise and
gathering impacts on
residential within 500
feet.
101+ Seats AP AP AP AP AP AP
Assembly Uses
(Accessory <25% Of GFA) Y Y Y Y Y Y
Religious Assembly Uses
≤2,500 Sq. Ft. GFA and ≤100
occupants Y Y Y Y Y Y
2,501≤25,000 Sq. Ft. GFA, or ≥101
Occupants AP AP AP AP AP AP
≥25,000 Sq. Ft. GFA AP AP AP AP AP AP
Fitness Facility
≤2,500 Sq. Ft. GFA Y Y Y Y Y Y
2,501≤25,000 Sq. Ft. GFA Y AP Y Y AP Y
> 25,000 Sq. Ft. GFA AP AP AP AP AP AP
Automobile/Vehicle/Transportation Uses
Auto Detailing N N N N N N
Auto Detailing, With Handheld
Machines Only Y N Y Y N N Inside parking structures
or garages only.
Car Wash C N N N N N
Fleet Services and Towing C N N C N N
Single vehicle parking
permitted; see Specific
Use Standards. Accessory
uses limited to hotel
primary use only; no auto
repair.
Gasoline/Diesel Fuel Sales
Gasoline and/or Ethanol Sales N N N N N N
Diesel Fuel C N N C N N
Electric Vehicle Charging A A A A A A
Hydrogen Fuel N N N N N N
Automotive Sales & Repair
General Auto Repair N N N N N N As defined in 21.15.280.
Minor Auto Repair C N C C N N Permitted only on the
ground floor.
Motorcycle/Scooter/Jet
Ski/Vehicle Sales N N N N N N
Indoor only; conditional
use permit when located
above the ground floor.
Parts, with installation N N N N N N
Parts, without installation AP AP N AP AP N
Parking Structure
Accessory Use A A A A A A
Primary Use, Public AP AP AP AP AP AP
Primary Use, Private C C C C C C
Recreational Vehicle Storage N N N N N N
Rental Agency
Mobility Services Y Y Y Y Y Y
Shared, micro-mobility
kiosks, dock-less, and/or
individual mobility
solutions; subject to City
regulations.
Traditional Daily+ Automobile
Rental A N N A N N
Accessory to hotel use
only; no auto repair
services.
Transportation Facilities N N N N N N
Bus terminals, bus yard,
cab stands,
heliports/helistops, train
stations, etc.
Billboards
Billboards/Off-Site Advertising N N N N N N Regardless of size.
Civic/Institutional Uses
Adult Day Care Y Y C Y Y C Subject to pending City
regulations.
College, University, Business or
Professional School N Y Y N Y Y
Community Center/Senior Center Y Y Y Y Y Y
Elementary or Secondary School Y Y Y Y Y Y Subject to standards of 21.52.263.
Government Offices, Facilities, or
Civic Uses Y AP Y Y AP Y
Industrial Arts Trade School or
Rehabilitation Workshop AP AP AP AP AP AP
Mortuary or Funeral Home N N N N N N
Museum Y Y Y Y Y Y
Parks, Plazas, Playgrounds, Open
Space, Urban Agriculture Y Y Y Y Y Y Subject to standards of 21.52.260, 21.45.155.
Parsonage A A A A A A
Accessory to and on the
same parcel as associated
religious assembly use.
Library, Public or Private Y Y Y Y Y Y
Social Service Office Y/AP AP/N AP/C Y/AP AP/N Y/C
As defined in 21.15.2795,
w/ or w/o food
distribution; See
Development Incentives
for A series zones.
Tutoring center up to 2,500 sq. ft. Y Y Y Y Y Y Subject to standards of section 21.52.280.
Tutoring center greater than 2,500
sq. ft. AP AP AP AP AP AP Subject to standards
of section 21.52.280.
Interim Parks
Community Garden IP IP IP IP IP IP Subject to 21.52.260.
Passive Park Y Y Y Y Y Y Subject to 21.45.155.
Playground IP IP IP IP IP IP
Subject to 21.52.260. Recreational park AP AP AP AP AP AP Urban Agriculture Y Y Y Y Y Y
Commercial: Business/Retail/Professional/Personal
Indoor animal related uses with
animal adoption and boarding not
exceeding 25% of gross floor area
(such as but not limited to animal
grooming, veterinary clinic, animal
lounge, animal daycare, pet shop)
Y Y Y Y Y Y
Subject to special
development standards
for indoor and outdoor
animal adoption and
boarding 21.45.133
Such uses shall be
permitted in all Planned
Development (PD)
Districts and Specific Plans
(SP) allowing commercial
uses, including but not
limited to land use
categories described as
professional and personal
services, subject
to Section 21.45.133.
Indoor animal related uses with
animal adoption and boarding
exceeding 25% of gross floor area
(such as but not limited to animal
grooming, veterinary clinic, animal
lounge, animal daycare, pet shop)
AP AP AP AP AP AP
Outdoor animal daycare AP AP AP AP AP AP
ATM, Interior Y Y Y Y Y Y
ATM, Exterior or freestanding walk
up AP AP AP AP AP AP
ATM Drive-Through Machine N N N N N N
Bail Bonds N N N N N N
Only within 600 feet of a
police station, jail, or
court.
Basic Sales and Service: Retail/Business/Professional/Personal ≤4,500 Sq. Ft. GFA Y Y Y Y Y Y
Subject to 21.52.251 in
RMU3 and RMU4 zones.
>4,500 and ≤9,000 Sq. Ft. GFA Y Y Y Y Y Y
>9,000 Sq. Ft. GFA Y AP AP Y AP AP
Thrift Store, Used Merchandise Y Y N Y Y N
Pawn Shop N N N N N N
Daycare Center or Pre-School, 15
or More Y Y Y Y Y Y As defined in 21.15.730,
subject to 21.52.249.
Gallery/Experience/Demonstration
Space Y Y Y Y Y Y
Equipment Sales, Rental, or Repair AP N N AP N N
Indoor only; outdoor
display or sales
prohibited.
Financial Services
With Drive-Through Windows C C C C C C
Subject to
Sections 21.45.130, 21.45.
116 and 21.52.212.
Without Drive-Through Windows Y Y Y Y Y Y
Alternative Financial Services
(Check Cashing, Payday Loans,
Cash for Gold, etc.)
N N N N N N
Firearms or Other Weapons, Sales
or Repair N N N N N N
Laundromat C C C C N C
Manufacture of Products Sold On-
Site AP A A AP A A
See Specific Use
Standards, Section
22.20.050 within this
Chapter.
Medical Uses/Services
Convalescent Hospital or Home N N N N N N
Medical Office or Clinic Y Y Y Y Y Y
Hospital N N N N N N
Urgent Care Facility/Minor-
Medical Services AP Y Y AP Y Y
Massage Therapy
Accessory Use A A A A A A
Primary Use AP AP AP AP AP AP
Office, non-medical Y Y Y Y Y Y
Outdoor Flower, Plant, Fruit, or
Vegetable Sales Y A A Y A A Maximum of 6,000 sq. ft.
for accessory uses.
Outdoor Swap Meet, Flea Market,
Sales Event T T T T T T Permitted only on the
ground floor.
Pop-Up Shop/Stand/Itinerant
Vendor Y/T Y/T Y/T Y/T Y/T Y/T
Subject to Section
22.20.080 of this Chapter
and 21.45.135, except
Subsection B.1.
Recycling Collection Center for Cans and Bottles
Subject to 21.51.265, no more than four vending machines at one location Staff Attended AP N N AP N N Permitted only on the
ground floor.
Unattended A A A A A A
Accessory to a grocery
store only, permitted only
on the ground floor.
Repair Services C N N C N N
Permitted indoor, on the
ground floor only.
Appliances, upholstery,
lawn mowers, etc.
Self-Storage, mini-warehousing
(indoor only) N N N N N N Indoor or outdoor.
Tattoo Parlor/Piercing Studio Y Y Y Y Y Y Subject to 21.45.166.
Termite and Pest Control N N N N N N
Entertainment
Amusement Machines (≤4) A A A A A A See 21.51.205.
Banquet Room Rental, Accessory
Use A A A A A A Accessory to restaurant or
hotel.
Banquet Room Rental, Primary
Use AP C C AP C C
Indoor Amusement/Entertainment
Facility Y AP AP Y AP Y See 21.45.115.5, 21.52.20
3 (arcades) and Section
21.52.220.5 (computer
arcades).
Accessory to restaurant,
hotel, banquet room only.
City council hearing is
required for new and
transferred business
licenses.
Outdoor
Amusement/Entertainment
Facility
AP N AP AP N AP
Dancing, Accessory Use A A A A A A
Private Club, Social Club, Night
Club, Pool Hall C C C C C C
City Council hearing
required for new and
transferred business
licenses; consistent
with Chapter 21.32.
Other Entertainment Uses
Accessory to a Restaurant or Food
Service Use Y Y Y Y Y Y See Specific Use
Standards, Section
22.20.030 within this
Chapter.
≤9,000 Sq. Ft GFA AP AP AP AP AP AP
>9,000 Sq. Ft GFA C C C C C C
Food Uses
Grocery and Food Market
≤4,500 Sq. Ft. GFA Y Y Y Y Y Y
>4,500 and ≤9,000 Sq. Ft. GFA Y Y Y Y Y Y
>9,000 Sq. Ft. GFA Y AP AP Y AP AP
Mobile Food Trucks (Temporary) T T T T T T Subject to 21.53.106.
Outdoor Dining/Seating A A A A A A
Restaurants & Ready-To-Eat Foods
Restaurant Y Y Y Y Y Y
Ready-to-Eat Without Drive-
Through Y Y Y Y Y Y
Ready-to-Eat With Drive-Through N N N N N N
With Entertainment Y Y Y Y Y Y
City Council hearing
required for new and
transferred business
licenses; AP required for
mixed-use consistency
verification.
Vending Cart (Food Only) AP AP AP AP AP AP Subject to 21.45.170 and limited operating hours.
Vending Machines (Exterior) A A A A A A
Accessory to existing retail
sales; subject
to 21.51.295.
Residential Uses
Child Day Care Home, 14 or Fewer
Children A A A A A A Subject to 21.51.230.
Emergency Shelter C C C C C C Subject to 21.45.132.
Group Home (1—6 Persons) Y Y Y Y Y Y
Home Occupation A A A A A A Subject to 21.51.235.
Residential Units
Live-Work Units/Artist Studio with
Residence/Shopkeeper Y Y Y Y Y Y
Caretaker residence N N N N N N
Multi-Family Y Y Y Y* Y Y
Residential development
shall be limited to
attached configurations
(rowhomes, townhomes)
and detached courtyard-
style multifamily
development such as
bungalows; single-family
detached homes are
prohibited.
*New construction within
the MU-1-B district must
contain a commercial
component.
Senior and/or Handicapped
Housing Y Y Y Y Y Y
Accessory Dwelling Unit Y Y Y Y Y Y
Single-Family Detached N N N N N N
Residential Historic Landmark
Building * * * * * * *Subject to 21.52.265.5.
Room Rental A A A A A A
Special Group Residence C C C C C C Subject to 21.52.271.
Temporary Lodging
Bed and Breakfast/Inn AP AP N N N N Subject to 21.52.209; inns with fewer than seven
guest rooms are exempt
from AP requirement.
Hotel C C C C C C
Motel N N N N N N
Youth Hostel AP AP AP AP AP AP
Miscellaneous and Other Uses
Adult Entertainment Business N N N N N N
Carnival, Event, Fair, Fiesta,
Outdoor Exhibition, Seasonal
Sales, Trade Show, similar
T T T T T T
Subject
to 21.53.109 and 21.53.11
3. Cellular or Wireless Facility C C C C C C
Building or roof-mounted
only, subject
to 21.45.115 and 21.56;
freestanding monopoles
prohibited.
Electric Distribution
Station/Substation C C C C C C
Unattended Donation Box A A A A A A
Subject to accessory use
standards Section
21.51.294.
Chapter 22.25 Special Use Incentives (A-series and B-series zones)
As of the effective date of this ordinance, the following economic development and healthy communities incentives shall be applicable to new development on properties in A-series zoning districts in the 90805 zip code. In all other areas of the City, the Special Use Incentives of the A- series zoning districts may only be applicable in areas that have been designated as Community Development Block Grant Areas by the Department of Housing and Urban Development. If a project utilizes multiple incentive options, the maximum cumulative parking reduction allowed for a project cannot exceed more than thirty percent (30%) of the total required parking for said project.
22.25.010 Education, Essential Retail, and Institutional Uses.
The gross square footage (GFA) of the ground floor educational, community-based non-profits, essential retail services (banks and pharmacies) and institutional uses (including schools, libraries, museums, government Offices, facilities, or civic uses), of up to nine thousand (9,000) Sq. Ft.
GFA, shall not count toward the maximum FAR of a parcel or project if the following conditions are met:
A. The use is located primarily on the ground floor (use may be multi-story, only ground floor GFA shall be exempted).
B. The ground floor occupancy is designed to meet the Design of Ground Floor Retail and Pedestrian-Oriented Uses standards of Sections
22.30.060.A and 22.30.060.B.
22.25.020 Grocery and Food Markets.
Establishment and maintenance of stores that sell fresh foods in proximity to established neighborhoods should be incentivized.
A. Minimum Fresh Foods Requirement. Any grocery or food market that devotes thirty percent (30%) or more of selling space to perishable fresh food items shall qualify to utilize the following incentives. Incentives may be used individually or together where the configuration requirements are met.
B. Intensity Incentive. The total gross square footage (GFA) of a grocery market shall not count toward the maximum FAR of a parcel or project.
C. Parking Incentives. Grocery market required parking spaces:
1. Shall be counted as guest spaces for any residential units developed as part of a horizontal or vertical mixed-use project;
2. Shall reduce by one (1) space per one thousand (1,000) Sq. Ft. if located within a one quarter (1/4) mile of a transit stop and bicycle parking is provided on-site, or if the grocery market is developed in a vertical mixed-use format; or
3. The two incentives listed above may be used individually or together where the configuration requirements are met.
22.25.030 Affordable Housing Monitoring
Housing Production Benchmark.
A study will be initiated to evaluate affordable housing production strategies and incentives within six (6) months of adoption of the A series zones, unless inclusionary zoning or a similar regulation has been adopted in the interim.
22.25.040 Community Benefits
Projects that provide the following community benefits may qualify for development incentives:
A. Commercial space incentives for workforce development employment strategies. Projects which provide commercial space for enterprises that employ through a local workforce development organization, including the Pacific Gateway Workforce Innovation and Opportunity Network (PGWIN), shall qualify for incentives, subject to the following:
1. Employment of PGWIN trainees will be a requirement of the occupier of qualified commercial space for a minimum of five (5) years.
2. Annual certification of compliance with the above shall be completed through PGWIN and provided to the Planning Bureau.
B. Historic market commercial rents for community businesses. Projects which provide commercial rents at a historic market rate to existing local businesses shall qualify for the corresponding incentives, subject to the following:
1. “Historic market rate” rents shall be defined as the average per-square-foot market rent for the local market for the last three (3) years prior to the proposed lease agreement. Maximum annual rent increase shall be limited to four percent (4%);
2. An existing local business shall provide evidence of business history, including business license history, with the City of Long Beach of at least five (5) years in the corresponding local market, to the satisfaction of the Department of Development Services; and
3. Submit annual certification of the lease agreement rate to the City of Long Beach Department of Development Services; a minimum commercial lease length of five (5) years is required to qualify.
C. For projects that comply with either or both of the community benefit requirements, said projects will qualify to have the corresponding commercial space(s) exempted from maximum floor area limitations and parking requirements.
22.25.050 Climate Mitigation and Adaptation Incentives
A. The City of Long Beach seeks to minimize future greenhouse gas emissions from the building sector while lessening the impact of climate change stressors on the local community, including extreme heat, air quality, drought and flooding. In addition to meeting all Green Building Standards contained in Section 21.45.400, parking incentives may be provided to one hundred percent (100%) non-residential projects that demonstrate additional strategies to reduce GHG emissions or to lessen the impact of documented climate stressors on the local community.
B. Projects may qualify for reduction in parking requirements in exchange for providing on-site or off-site climate mitigation or adaptation measures commensurate with the savings associated with the requested parking reduction, up to a maximum of fifteen percent (15%).
Measures must meet the geographic needs of the local community as demonstrated in the City’s Climate Action and Adaptation Plan.
Eligible measures include but are not limited to:
1. Tree planting.
2. Photocatalytic tiles to improve air quality.
3. Cool roof and/or cool wall materials.
4. On-site solar installations (for example as shade structures over parking spaces).
5. Bus shelter amenity improvements.
6. Additional bicycle amenities.
22.25.060 Restrictions in Special Incentive Zones (B-Series) Due to the lack of essential retail and services such as healthy food access, banks, and pharmacies in certain areas of the City, new construction projects shall be required to have a commercial component within the B-Series zoning district.