10. Toilets, sinks, and showers shall be provided on -site. The low barrier navigation center shall be responsible for ensuring that all restroom and shower facilities comply with the City's Building Code requirements.
A.60.170. Manufactured Housing
A. Purpose. It is the intent of the City to provide opportunities for the placement of manufactured homes in all districts and in the same manner that allow for single-family residential dwellings, consistent with California Government Code Section 65852.3, as those provisions may be amended from time to time.
B. General Requirements.
1. Location. Manufactured homes may be located in any district where a single-family detached dwelling is permitted.
2. Development Standards. Manufactured homes shall be subject to the same single-family residential development regulations within the applicable zone in which the manufactured home is located.
3. Design Criteria. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity by meeting the following standards:
a. It must be built on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code and approved by the Community Development Director; b. It must have been constructed after June 1, 1979, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; c. The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the City of Manhattan Beach;
d. Required enclosed parking shall be compatible with the manufactured home design and with other buildings in the area.
4. Age Limitation. No more than ten (10) years may have elapsed between the manufacture date of a manufactured home and the application date for a building permit to install the manufactured home on a permanent foundation.
C. Mobile Home Parks. Mobile home parks, as defined in Section 18214 of the Health and Safety Code, shall be allowed with a Use Permit in all districts zoned and planned for residential land uses, consistent with California Government Code Section 65852.7, as those provisions may be amended from time to time.
1. Closure or Conversion of Use. Any mobile home park closure or conversion to another use shall be subject to Government Code Section 65863.7 and 66427.4, as may be amended from time to time.
D. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of said manufactured home with the State of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured house, the owner shall provide to the Community Development Director satisfactory evidence showing: that the state registration of the manufactured house has been or will, with certainty, be canceled; if the manufactured house is new and has never been registered with the state, the owner shall provide the Community Development Director with a statement to that effect from the dealer selling the home.
A.60.180. Supportive Housing
A. Supportive Housing. Pursuant to California Government Code Section 65583(c)(3), as those provisions may be amended from time to time, supportive housing generally constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district. However, state law also requires that qualifying supportive housing projects be a use by right. This section ensures compliance with California Government Code Section 65650 et seq., as those provisions may be amended from time to time.
B. Up to 50 Units Permitted By Right. Pursuant to California Government Code Section 65651, as those provisions may be amended from time to time, a supportive housing development with up to 50 units shall be permitted by right in all zones where multifamily and mixed -use residential development are permitted through a non -discretionary zoning clearance, provided the development satisfies all of the following requirements:
1. A supportive housing development shall be subject to the objective development standards and policies that apply to other multifamily development within the same zone, except that if the supportive housing development is located within one-half mile of a public transit stop, the units intended for occupancy by supportive housing residents shall not be subject to any minimum parking requirement.
2. All units within the development are subject to a recorded affordability restriction for 55 years.
3. One hundred percent of the units, excluding managers' units, within the development are restricted to lower income households and are receiving or will receive public funding to ensure housing is affordable to lower income households. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
4. The applicant shall provide the City with the information required by Government Code Section 65652, as that section may be amended from time to time.
5. Nonresidential floor area. Onsite supportive services shall be provided in the following amounts:
a. For a development with 20 or fewer total units, at least 90 square feet per unit shall be provided.
b. For a development with more than 20 units, at least 3 percent of the total floor area shall be provided and limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. c. The floor area dedicated to administrative office space shall not exceed 25 percent of the total floor area.
6. Units within the development, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator.
7. If applicable, the applicant shall replace any dwelling units on the site of the supportive housing development in the same manner provided in paragraph (3) of subdivision (c) of Government Code section 65915.
8. Notwithstanding any other provision of this Section to the contrary, the City shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the f ollowing conditions have been met:
a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain the project's financial feasibility.
c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
C. A supportive housing project with more than 50 units shall not be processed under this section and shall instead be subject only to those restrictions and processes that apply to other residential uses of the same type in the same zoning district.
A.64.030. Off-street parking and loading spaces required.
Off-street parking and loading spaces shall be provided in accord with the following schedules. For off-street loading, references are to Schedule B which sets space requirements and standards for different groups of use classifications and sizes of buildings. References to spaces per square foot are to be computed on the basis of buildable floor area unless otherwise specified, and shall include allocations of shared restroom, halls and lobby area, but shall exclude area for vertical circulation, stairs or elevators.
Where the use is undetermined, the Community Development Director shall determine the probable use and the number of parking and loading spaces required. In order to make this determination, the Community Development Director may require the submission of survey data from the applicant or collected at the applicant's expense.
_____
OFF-STREET PARKING AND LOADING SPACES REQUIRED
_____
Use Classification Off-Street Parking Spaces: Schedule A Off-Street
Loading Spaces:
Schedule B
Group Number
_____
Residential
Single-Family Residential:
Dwelling with Buildable Floor
Area (BFA), plus any
exempted basement floor
area, totaling less than 3,600
square feet
2 enclosed per unit. (See Minor Exception-
Chapter 10.84 for existing structure
provisions)
Dwelling with Buildable Area
(BFA), plus any exempted
basement floor area, totaling
3,600 square feet or more
3 enclosed per unit. (See Minor Exception-
Chapter 10.84 for existing structure
provisions)
Group Residential 1 per 2 beds; plus 1 per 100 sq. ft. used for assembly purposes.
1 Multifamily Residential
(includes condominiums) 2 spaces, including 1 enclosed/unit. (2 enclosed per condominium unit.) In area
district IV, both spaces must be enclosed.
In building with less than 4 units, only 1
enclosed space is required for units with
less than 550 square feet of floor area.
Guest Parking Condominiums: 1.0 space/unit.
Apartments: 0.25 space/unit for buildings
with 4 or more units. Guest parking
spaces may be a compact car size. All
compact spaces shall be clearly labeled
"Compact." Required guest spaces for
condominiums only may be in tandem
configuration provided that, except for lots
on The Strand, none other than resident
spaces of the same unit are blocked and
that such a configuration would not result
in undue traffic hazard. (See following
illustration "Condominium Guest Parking
Provisions"). In no case shall a guest
space block two tandem spaces. The
dimension of standard, compact, and
tandem parking spaces for all required
and additional spaces shall be in
accordance with the provisions of this
Code.
Residential Care, General 1 per 3 beds
Residential Care, Limited 1 per 3 beds.Parking requirement subject to primary residential use.
-
Senior Citizen .5 per unit, plus: 1 accessible and
designated guest space/5 units, one
space per non-resident employee and 1
(11′ w × 30′ l × 10′ h) loading area.
Supportive Housing Parking requirement subject to primary residential use. Exception: no parking
required if within ½ miles of public transit
stop.
Emergency Shelter
1 per each staff member or employee on
duty during peak hours.
Low Barrier Navigation Center
1 per each staff member or employee on
duty during peak hours.
Public and Semipublic
Clubs and Lodges 1 per 100 sq. ft. used for assembly
purposes.
3 Cultural Facilities 1 per 300 sq. ft. gross floor area plus upper level uncovered decks or terraces.
3 Day Care, General 1 per 7 children; maximum enrollment based on maximum occupancy load.
-
Government Offices 1 per 300 sq. ft. gross floor area. 2 Heliports As specified by use permit. -
Hospitals 1 per 1.5 beds. 3
Maintenance and Service
Facilities 1 per 500 sq. ft.
1 Park and Recreation Facilities As specified by use permit for private facilities.
As specified by
Use Permit
Public Safety Facilities As specified by the Community
Development Director.
3 Religious Assembly 1 per 100 sq. ft. seating area. 3
Residential Care, General 1 per 3 beds; plus additional spaces, as specified by use permit.
3 Schools, Public or Private As specified by use permit. 1 Utilities, Major As specified by use permit. 1
Commercial
Adult Businesses 1 per 250 sq. ft. 1
Ambulance Services 1 per 500 sq. ft.; plus 2 storage spaces. - Animal Sales and Services:
Animal Boarding 1 per 400 sq. ft. -
Animal Grooming 1 per 400 sq. ft. -
Animal Hospitals 1 per 400 sq. ft. 1
Animals, Retail Sales 1 per 250 sq. ft. 1
Artists' Studios 1 per 1,000 sq. ft. -
Banks and Savings and
Loans: 1 per 300 sq. ft. 2
Drive-Up Service Queue space for 5 cars per teller. -
Building Materials and
Services 1 per 1,000 sq. ft. of lot area 1
Catering Services 1 per 400 sq. ft. 1
Commercial Recreation and
Entertainment:
Billiard/Pool Hall 1 per each pool table, plus parking
associated with other uses of the
establishment.
1 Bowling Alleys 4 per lane, plus 1 per 250 sq. ft. for other areas.
1 Electronic Game Centers 1 per 400 sq. ft. -
Health/Fitness Centers 1 per 200 sq. ft. activity area, plus 1 per 250 sq. ft. for other areas.
1 Skating Rinks 1 per 5 fixed seats, or 1 per 35 sq. ft. seating area if there are no fixed seats;
plus 1 per 250 sq. ft. floor area not used
for seating.
1 Theaters 1 per 4 fixed seats, or 1 per 35 sq. ft.
seating area if there are no fixed seats.
1
Other Commercial Recreation
and Entertainment
As specified by the Community
Development Director.
Communications Facilities 1 per 500 sq. ft. 2
Eating and Drinking
Establishments:
General 1 per 50 sq. ft. seating area including
cocktail lounge.
With Live Entertainment
1 per 35 sq. ft. seating area; plus 1 per 35
sq. ft. dance floor
1 Take-Out Service 1 per 75 sq. ft. gross floor area plus outdoor seating area; plus queue space
for 5 cars for drive-up service.
1 Food and Beverage Sales
1 per 200 sq. ft.
1 Furniture and Appliance
Stores
1 per 600 sq. ft. if gross floor area
exceeds 5,000 sq. ft.; otherwise, 1 per 200
sq. ft. Calculation shall include outdoor
area used for continuous storage or
display of merchandise
1 Funeral and Interment
Services 1 per 50 sq. ft. seating area.
1 Hardware Stores 1 per 600 sq. ft. if gross floor area exceeds 5,000 sq. ft.; otherwise, 1 per 200
sq. ft.
1 Horticulture, Limited
1 per 2 acres.
-
Laboratories
1 per 500 sq. ft.
1 Maintenance and Repair
Services 1 per 500 sq. ft.
1 Marine Sales and Services
1 per 350 sq. ft.
-
Nurseries 1 per 1,000 sq. ft. lot area for first 10,000 sq. ft.; 1 per 5,000 sq. ft. thereafter, plus 1
per 250 sq. ft. gross floor area.
-
Offices, Business and
Professional 1 per 300 sq. ft.
1 Offices, Medical and Dental
1 per 200 sq. ft.
1 Offices, Medical Urgent Care
1 per 200 sq. ft.
1 Pawn Shops
1 per 250 sq. ft.
1 Personal Improvement
Services: 1 per 250 sq. ft.
-
Dance or Music Studio
1 per 600 sq. ft.
-
Personal Services
1 per 300 sq. ft.
1 Psychic Advisor
1 per 300 sq. ft.
-
Research and Development
Services 1 per 400 sq. ft.
-
Retail Sales Not Listed Under
Another Use Classification
1 per 200 sq. ft. for first 5,000 sq. ft.; 1 per
250 sq. ft. thereafter.
1 Vehicle/Equipment Sales and Services: (vehicle/equipment inventory, storage, and service areas shall not be used to satisfy parking requirements) Automobile Rentals 1 per 400 sq. ft.; plus 2 storage spaces. 1 Automobile Washing 1 per 200 sq. ft. of sales, office, or lounge area; plus queue for 5 cars per washing
station.
-
Service Stations 1 per 2,500 sq. ft. lot area; plus 1 per 500 sq. ft. of service bay and storage area.
-
Vehicle/Equipment Repair 1 per 300 sq. ft. 1
Vehicle/Equipment Sales and
Rentals
1 per 1,000 sq. ft. of lot or floor area
(including showrooms) devoted to sales or
rentals.
1 Vehicle Storage 1 per 500 sq. ft. -
Visitor Accommodations:
Hotels, Motels and Time
Share
1.1 per guest room; plus 1 per 50 sq. ft. 1
Facilities banquet seating area, and 1 per
passenger transport vehicle (minimum of 2
stalls) plus parking for other uses and
facilities as required by this schedule.
Limited 1.1 per guest room; plus 1 per passenger
transport vehicle (minimum of 2 stalls).
-
Residential Hotels 1.1 per room. 1
Warehousing and Storage,
Ltd.
1 per 1,000 sq. ft. -
Industrial
Industry, Custom and General 1 per 1,000 sq. ft. 2
Industry, Limited 1 per 750 sq. ft. 2
Industry, Research and
Development
1 per 400 sq. ft. 2
Wholesaling, Distribution and
Storage
1 per 1,500 sq. ft. 2
SCHEDULE B: LOADING SPACES REQUIRED
Number of Spaces Required
Gross Floor Area (sq. ft.) 10′ × 20′ × 10′ Vertical Clearance 12′ × 35′ × 14′ Vertical Clearance
Use Classification Group 1
0 to 3,000
3,001 to 15,000 0
15,001 to 50,000 1
50,001 and over 2
Use Classification Group 2
0 to 10,000 1
10,001 to 20,000 1
20,001 and over 1 1
Use Classification Group 3
0 to 30,000 1
30,001 to 100,000 2
100,001 and over 3
Chapter A.74. Accessory Dwelling Units
A.74.010 Purpose and applicability.
The purpose of this chapter is to implement the requirements of Chapter 13 of Division 1 of Title 7 of the California Government Code to allow accessory dwelling units and junior accessory dwelling units consistent with state law. All applicable state and federal laws shall apply, as may be amended, to the extent that such amendments are not inconsistent with applicable MBLCP requirements.
A.74.020 Definitions.
As used in this Chapter, terms are defined as follows and shall be in accordance with Government Code Section 66313, as that statute is amended from time to time:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall includ e permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.
Notwithstanding the foregoing, the term "ADU" does not include a guest house (or accessory living quarters), as defined in Section A.04.030. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code. “Accessory structure” for the purpose of this chapter means a structure that is accessory and incidental to a dwelling located on the same lot.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) of a primary dwelling, or the remodeling of a primary dwelling, and shares a common wall with a primary dwelling.
"Detached ADU" means an ADU that is constructed as a separate structure from any primary dwelling, and does not share any walls with a primary dwelling.
"Existing structure" means an existing single-family dwelling, multi-family dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and any other applicable laws.
"Junior accessory dwelling unit" or "JADU" mean s a unit that is not more than 500 square feet of interior livable space in size and contained entirely within a single -family residence . A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
"Primary dwelling," for purposes of this chapter, means an existing or proposed single-family dwelling, or multi-family dwelling, on the lot where an ADU would be located.
"Public transit," means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fare, run on fixed routes, and are available to the public or as pres cribed in Government Code Section 6 6313, as the same may be amended from time to time.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another or as prescribed by Government Code Section 66313.
A.74.030 General requirements and application procedure.
The following requirements apply to all ADUs and JADUs that are approved under this Chapter.
A. Before constructing an ADU or a JADU, or converting an existing structure, or portion of a structure to an ADU or JADU, or legalizing an unpermitted ADU or JADU per section A.74.080, the applicant shall obtain permits, including a Coastal Development Permit where applicable, in accordance with the requirements of this section.
B. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.
A.74.040 Approval of ADUs and JADUs.
A. Building Permit Only Subject to Government Code Section 66323 . An applicant shall not be subject to the standards included in paragraphs B through D of Section A.74.050 of this Code or be required to submit an application for an ADU permit under subsection B of this section, and may instead seek building permit approval for an attached ADU or a JADU (, or both), and a detached ADU, where the proposal satisfies the requirements of Government Code Section 6 6323, as the same may be amended from time to time. Such ADUs and JADUs shall be subject to the California Building Standards Code, as amended by the City, the JADU requirements in Section A.74.060 of this Code, and any other applicable state or federal laws. An ADU or JADU approved pursuant to this subsection shall be rented only for terms of thirty (30) days or longer and shall be subject to the generally applicable covenant requirements in Section A.74.050(A)(3).
B. ADU Permit. Except as allowed under subsection A, no ADU shall be created without a permit in compliance with the standards set forth in sections A.74.030.
1. In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable permits prior to the construction of the ADU or JADU.
2. Projects Subject to ADU Permit Review. For those applications that do not qualify under subsection (A) above, the Director of Community Development or designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law.
3. Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this Code, the ADU permit application will be -- -
considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
C. Processing Timelines and Procedures.
Projects subject to Section A.74.040(A), (B) and A.74.060 are subject to ministerial approvals and shall be processed within the timelines established by California Government Code Section 66317 and 66335.
D. Minor Exception: An applicant may apply for a minor exception, pursuant to Section A.84.120, for the establishment of an ADU or JADU in an existing legal structure that does not comply with the ADU or JADU standards provided in this chapter or in Chapter 13 of Division 1 of Title 7 of the California Government Code. A minor exception may not be requested for site or lot conditions.
A.74.050 ADU and JADU Requirements and Development Standards.
A. The following requirements apply to all ADUs and JADUs that are approved under this Chapter.
1. Height. All ADUs shall comply with the height limits prescribed in Government Code Section 66321.
a. Height for detached ADUs shall be measured from the weighted average of the local grades around the perimeter of the detached structure
b. A detached ADU located directly above a detached garage or directly below a detached garage that does not qualify as a basement shall not exceed a total height of twenty-six feet (26′).
2. Fire Sprinklers. Fire Sprinklers shall not be required if they are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling as prescribed in Government Code Section 66314 and 66323.
3. Rental TermCovenant Required. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardsless of when the ADU or JADU was created. a. For ADUs t he property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the ADU is to be rented only for terms of thirty (30) days or longer; (ii) the ADU is not to be sold or conveyed separately from the primary dwelling (unless otherwise required by state law); (iii) the property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards; and (iv) that any violation will be subject to penalties as provided in Municipal Code Chapter 1.04 and 1.06. Proof of recordation of the covenant shall be provided to the City prior to final building inspection.
b. For JADUs, see covenant requirements set forth in Section A.74.060(F).
B. In addition to the requirements in Section A.74.050(A), the following requirements apply to ADUs subject to Section A.74.040(B):
1. Location Restrictions/Number Permitted:
a. ADUs on Lots with a Single-Family Residence. A maximum of two (2) total ADUs shall be allowed on a lot with a proposed or existing single -family dwelling within all Area Districts. Only one (1) detached ADU is allowed on a property. This shall include any ADUs allowed by Section A.74.040(A).
b. ADUs on Lots with New Multi-Family Developments. In all Area Districts, the total amount of ADUs permitted on a lot is prescribed in Government Code Section 66323 (a) (3) and (4).
2. Development Standards:
a. Size, General. All ADUs shall comply with the minimum and maximum square footage requirements prescribed in Government Code Section 66321. i. If there is an existing single -family residence, a newly constructed attached ADU shall not exceed fifty percent (50%) of the buildable floor area of the existing single -family residence.
ii. Application of other development standards in this section or any other section m ay further limit the size of an attached ADU. Notwithstanding, no percent-based size limits in this section or any other section , front setbacks, floor area ratio , or open space requirements may require the ADU to be less than 800 square feet of interior liv able space.
b. Setbacks: No setback shall be required for an ADU that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure.
For all other ADUs, the required setback from side and rear lot lines shall be fo ur feet (4′), and the front setback shall be as required for the primary structure.
c. Separation: A detached ADU shall have a minimum five-foot building separation from other buildings on the lot.
d. Standards: An ADU shall, to the maximum extent possible, conform to all open space and, buildable floor area, and minimum lot size regulations applicable to the zoning district in which the property is located, as well as the building separation requirement stated in subsection (c) above, except in the following cases:
i. ADUs that are not required to obtain an ADU permit as provided in Section A.74.040(A).
ii. Where the application of such standards would not permit construction of an eight hundred (800) square-foot ADU that has 800 square feet of interior livable space that is sixteen feet (16′) in height with four-foot side and rear yard setbacks, in which case the regulation(s) at issue shall be waived to permit such an ADU. e. Except as provided in subsection (d)(i) and (d)(ii), an ADU shall count toward the maximum total buildable floor area applicable to the lot.
C. Guest Houses: If an ADU is located on a lot with a guest house, either, but not both, the guest house or the ADU shall be attached to the primary dwelling unless the project complies with all requirements in Government Code Section 66323(a).
CD. Design and Features:
1. An ADU shall not have any outdoor deck at a height greater than thirty inches (30″) above local grade if the deck is located in the primary dwelling's required yards. A landing for the purposes of ingress and egress shall be permitte d at the minimum size required by the UBC.
2. If the property abuts an alley, any new driveway access for an ADU must be provided through the alley.
3. An ADU shall have a separate exterior access.
4. For any second -story detached ADUs located on non -alley lots, all exterior openings, including windows and doors, except a main entry into the ADU, that are within twelve feet (12′) of and facing a rear property line and/or within ten feet (10’) of and facing a side interior property line shall be fitted with translucent glazing and satisfy one (1) of the following: (i) be fixed (i.e., inoperable) or (ii) be located at least five feet (5′) above the finished floor level at the window's lowest point. Notwithstanding the foregoing, a proposed bedroom in the second-story detached ADU shall comply with egress requirements in the California Building Standard Code.
5. A kitchen, in conformance with applicable health and safety requirements, including at least one (1) permanently installed stove top appliance, shall be required for all ADUs.
6. A permanent foundation shall be required for all ADUs.
7. Refuse containers shall comply with Municipal Code Section 5.24.030.
DE. Parking Requirements:
1. 1. In addition to the off -street parking space(s) required for the primary dwelling, no more than one (1) off-street parking space shall be provided for each ADU or per bedroom whichever is less.
a. Exceptions. No parking under this subsection (D) is required in the following situations. , except when:
i. a. The ADU is located within one -half (½) mile walking distance of public transit as defined by Government Code Section 66313, as amended from time to time;
ii. b. The ADU is located within an architecturally and historically significant historic district;
iii. c. The ADU is part of the existing primary dwelling or all or part of an existing accessory structure or building;
iv. d. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. e. The ADU is located within one (1) block of a city -approved and dedicated parking space for a car share vehicle;
vi. The ADU is an efficiency unit; or.
vii. The ADU is part of a permit application for a new single-family dwelling or a new multi -family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code Section 66322(a).
2. The parking space may be provided in setback areas or as tandem parking as defined by Government Code Section 66313, as amended from time to time , unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
3. The dimensions of all parking spaces, driveways, vehicular access, turning radius and similar parking standards shall comply with the requirements set forth in Municipal Code Chapter A10.64.
4. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an
ADU, those off-street parking spaces are not required to be replaced , if the project meets any of the criteria set forth in Government Code Section 66322(a), as amended from time to time, unless the project is proposed in the Coastal Zone, in which case the project must comply with all applicable parking requirements for the primary residence(s), including but not limited to, those identified in Section A.64.020.K of the Local Coastal Programfailure to replace required parking is inconsistent with the MBLC P policies and standards, including those related to public access and off-street parking requirements.
A.74.060 JADU Standards.
JADUs shall comply with the following requirements and Government Code Section 66333 as amended from time to time:
A. A JADU shall be a maximum of five hundred (500) square feet of buildable floor area interior livable space and a minimum of one hundred fifty (150) square feet, or an alternate minimum area for an "efficiency unit" that is adopted by the City. The buildable floor area of a shared sanitation facility shall not be included in the maximum buildable floor area of a JADU.
B. A JADU must be contained entirely within the walls of the existing or proposed single -family dwelling and enclosed uses within the dwelling, such as attached garages.
C. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
D. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing or proposed single -family dwelling. If a JADU does not include a separate bathroom, the JADU shall include an interior entry to the main living area.
E. A JADU shall include an efficiency kitchen , which shall include: (i) a cooking facility with appliances, and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
F. Covenant Required: The property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) if the JADU has shared sanitation facilities with the existing structure, the property owner shall be an owner -occupant of either the primary dwelling or the JADU, unless the owner is a government agency, land trust, or housing organization; (ii) the JADU is to be rented only for terms of longer than thirty (30) days or longer; (iii) the JADU is not to be sold or conveyed separately from the single-family dwelling; (iv) the property owner and all successors in interest shall maintain the JADU and the property in accordance with all applicable JADU requirements and standards, in cluding the restrictions on the size and attributes of the JADU provided in Government Code Section 6 6333- 66339; and (v) that any violation will be subject to penalties as provided in Municipal Code Chapter
1.04 and 1.06. Proof of recordation of the covenant shall be provided prior to final building inspection.
G. No additional parking is required for a JADU.
A.74.070 Fees and utility connections.
A. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees except as specifically provided in Government Code Sections 6632466311.5, 66338, and 66341, as amended from time to time.
B. With the submittal of the ADU permit or prior to receiving a building permit if no ADU permit is required, the owner of the subject property shall submit letters of service availability for water and sewer disposal to the Building Official.
A.74.080 Unpermitted ADUs and JADUs.
A. Unpermitted ADUs and JADUs constructed before 2020 shall be permitted if the project complies with the provisions set forth in Government Code Section 66332111.7, as amended from time to time.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing, unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this chapter.
2. Exceptions:
i. Notwithstanding subsection (A)(1) above, the city may deny a permit to legalize an existing , unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection (A)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
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A.84.065 Precise development plan.
A. Development standards. The proposed project shall be reviewed in conformance with applicable objective development standards in Chapter A.12 and Chapter A.16.
B. Permit requirements. The applicant shall agree to comply with the standard requirements for approval, as updated from time to time by the Community Development Director, that are publicly available at the time an application is submitted for the project.
1. The standard requirements may include, but are not limited to:, i. Acknowledgement to provide the required number of affordable housing units that shall be available to tenants or owners who meet the eligible income threshold for the required duration of time;
ii. An indemnification clause to indemnify, protect, defend, and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, actions and so forth concerning the proposed project; iii. All units in the proposed project shall be subject to Section 4.88.020; and, iv. An affordable housing agreement per Section A10.94.060.GF shall be recorded as a covenant on the title of the project site.
C. Coastal Development Permit. Projects in the Coastal Zone shall be subject to a Coastal Development Permit pursuant to Section A.96.260.
Chapter A.85. Reasonable Accommodation
A.85.010 - Specific Purposes.
In conformance with state and federal fair housing laws, this chapter establishes the City’s procedures related to requests for reasonable accommodations from the strict application of the City’s land use and zoning regulations to allow disabled persons an equal opportunity to use and enjoy a dwelling.
A.85.020 – Definitions.
“DISABLED; DISABLED PERSON.” A person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws. “ELIGIBLE PERSON.” A disable person, a disabled person’s representative, or a real estate developer building housing for disabled persons.
“FAIR HOUSING LAWS.” The “Fair Housing Act” (42 U.S.C § 3601 et seq.), the “Americans with Disabilities Act” (42 U.S.C. § 12101 et seq.), and the “California Fair Employment and Housing Act” (California Government Code § 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes. “MAJOR LIFE ACTIVITY.” Physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. “PHYSICAL OR MENTAL IMPAIRMENT.” Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed “mental retardation”), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.
“REASONABLE ACCOMMODATION.” Any deviation requested and/or granted from the City’s zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.
A.85.030 - Requesting Reasonable Accommodations.
A. In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.
B. Requests for a reasonable accommodation shall be submitted on an application form established by the Community Development Director.
C. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by state or federal law.
D. A request for a reasonable accommodation from the strict application of the City’s regulations, policies, practices or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person’s obligations to comply with other applicable
regulations not at issue in the requested accommodation.
A.85.040 - Reviewing Authority.
A. Requests for a reasonable accommodation shall be reviewed by the Community Development Director using the criteria set forth in Section A.85.050. The Community Development Director may, in his discretion, refer applications to the Planning Commission for consideration.
B. The Community Development Director may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section A.85.050.
C. If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the Community Development Director may request additional information from the applicant , and engage in an interactive process with the applicant to exchange information to identify, evaluate, and implement a reasonable accommodation or modification that allows the individual with a disability equal opportunity to use and enjoy a dwelling.
A.85.050 - Required Findings.
The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following findings can be made:
A. The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person;
B. The requested accommodation is necessary to make housing available to a disabled person;
C. The requested accommodation will not impose an undue financial or administrative burden on the City; and
D. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning ordinance or the certified Local Coastal program. A request for reasonable accommodation under this section may be approved if it is consistent with the certified Local Coastal program; or it may be approved and the City may waive compliance with an otherwise applicable provision of the Local Coastal program if the City finds both of the following; 1)The requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified Local Coastal program; and 2) There are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified Local Coastal program.
A.85.060 - Written Decision.
A. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by Section A10.85.050. All written decisions shall give notice of the applicant’s right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.
B. The written decision shall be final, unless the applicant appeals the decision pursuant to Chapter 10.100 of the Manhattan Beach Municipal Code.
C. While a request for a reasonable accommodation is pending, all laws and regulations
otherwise applicable to the property shall remain in full force and effect.
D. Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall record a covenant in the county recorder's office, on a form approved by the city attorney, acknowledging and agreeing to comply with the terms and conditions of the approved reasonable accommodation, including bringing property or structure into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted in order allow the reasonable accommodation.
A.85.070 – Expiration.
A. A reasonable accommodation shall lapse if the exercise of rights does not occur within 180 days after the issuance of the final decision.
B. The rights conferred by an approved accommodation shall not run with the land and shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the Director makes either of the following findings: (1) that such accommodation is physically integrated with the property and cannot feasibly be removed or altered or (2) the property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling.
The Community Development Director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within 30 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodations.
A.94.010. General Affordable Housing Provisions
A. State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and state law, the state law provisions shall govern, unless otherwise specified. The intent of the following regulations is to ensure that, to the maximum extent feasible; the requirements of Government Code Section 65915 are implemented in a manner consistent with the land use policies and zoning ordinance provisions set forth in the certified Local Coastal program. Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Government Code Section 65915 et. seq., shall be permitted in a manner that is consistent with that section and, if applicable, the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). All applicable state and federal laws, including Health and Safety Code Section 17929, shall apply, as may be amended, to the extent that such amendments are not inconsistent with applicable MBLCP requirements.
B. Design of Affordable Units. Affordable housing units within mixed-income development projects shall include the same materials, finishes, and fixtures as market-rate units.
C. Availability of Affordable Units . All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project.
D. Affordable Housing Agreement. An Affordable Housi ng Agreement shall be made a condition of the planning permits for all projects granted a density bonu s, pursuant to this Chapter. Prior to recordation of a map or the issuance of a ny permitCertificate of Occupancy by the Building and Safety Divisio n for any portion of the project other than demolition, whichever comes first, the agreement shall be recorded as a restriction on the parcel or parcels that are the subject of the housing development application . The Agreement shall be consistent with Section A.94.0650.
E. Median Income Levels. For the purpose of determining the income levels for Households under this Chapter, the City shall use the Los Angeles County in come limits regularly updated and published by the State Department of Housing and Community Development, or other income limits adopted by the City Council if the State Department of Housing and Community Development fails to provide regular updates.
F. Effect of Granting Density Bonus. The granting of a density bonus or any other benefits pursuant to this chapter shall not, in and of itself, be interpreted to require a general plan amendment, zoning change, or other discretionary approval.
G. General Eligibility and Replacement Unit Requirements. An applicant shall not receive a density bonus or any benefit pursuant to this chapter if the housing development would be excluded under Government Code Section 65915. If applicable, the applicant must certify that the proposed project meets the replac ement unit requirements identified in subparagraph (c)(3) of Government Code Section 65915 or any comparable requirement in Section 65915, as it may be amended from time to time.
A.94.060. Administration.
A. Application. A preliminary review of development projects proposed pursuant to this Chapter is encouraged to identify potential application issues, including proposed modifications to development standards. In addition to any other review required for a proposed housing development, applications for a density bonus and any benefits pursuant to this chapter shall be filed on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval, including a coastal development permit if required pursuant to Chapter A.96.
B. Permit requirements. The applicant shall agree to comply with the standard requirements for approval, as updated from time to time by the Community Development Director, that are publicly available at the time an application is submitted for the project.
1. The standard requirements may include, but are not limited to, i. Acknowledgment to provide the required number of affordable housing units that shall be available to tenants or owners who meet the eligible income threshold for the required duration of time;
ii. An indemnification clause to indemnify, protect, defend, and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, actions and so forth concerning the proposed project; iii. All units in the proposed project shall be subject to Section 4.88.020 :
and,
iv. An affordable housing agreement per Section A10.94.060.GF shall be recorded as a covenant on the title of the project site.
C. Processing of Application . Density bonus applications, and concessions and waivers requested pursuant to this chapter shall be approved or disapproved by the Community Development Director whose decision is final. City staff shall process the application for a density bonus concurrently with the application for the housing development.
D. Application Fee. At the time the application is submitted the applicant shall pay a density bonus application fee established by resolution of the City Council.
E. Duration of Affordability of Rental Units. All rental affordable housing units shall be kept affordable for a minimum period of 55 years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or state or federal law.
F. Duration of Affordability of For-Sale Units. All for-sale affordable housing units shall be made available in accordance with the requirements of Government Code Section 65915.
G. Affordable Housing Agreement Required. The terms of the Agreement shall ensure compliance with the requirements of this chapter and state law, and shall be reviewed and revised as appropriate by the Director and/or City Attorney. The City Manager shall have the authority to sign the agreement.
H. Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements:
1. General. At least a one year notice shall be required prior to the conversion of any rental units for affordable households to market-rate.
1) Required Notice. Notice shall be given to the following:
a. The City;
c. The Los Angeles County Housing Authority;
d. The residents of the affordable hou sing units proposed to be converted; and
e. Any other person deemed appropriate by the City.
I. Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one or more of the following actions:
1. Meet with the owner to determine the owner’s financial objectives;
2. Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and
3. If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of assistance in accessing state or federal funding.