21.53.115 - Temporary activating uses.
A. Purpose. The purpose of this Section is to allow community-serving temporary uses on vacant lots. Such uses are intended to provide a community benefit, encourage street activation, and reduce visual blight associated with vacant lots, as defined in Chapter 18.29, on a temporary basis and can include sporadic special events, such as cultural and community events, or temporary retail or services uses, such as bike kitchens. Temporary activating uses are proposed by community based public or private organizations that improve and enhance the social or economic welfare and quality of life of the residents of Long Beach and provide a service to City residents including, but not limited to, faith-based organizations, local non-profit organizations or associations, Business Improvement Districts (BIDs), and organizations which have entered into a contract or agreement with the City to provide specific services or outreach, as determined by the Zoning Administrator.
B. Use Regulations. Notwithstanding Sections 21.53.109 and 21.53.113, all temporary activating uses shall be permitted upon written approval of the Zoning Administrator and are subject to the following standards and findings:
1. No temporary activating use shall be allowed which would not otherwise be allowed in the applicable zoning district or the General Plan designation, unless the Zoning Administrator determines that the use is compatible with existing surrounding uses.
a. Temporary activating uses proposed in residential zones shall be allowed along Neighborhood Connector and more intense arterial streets, as defined in the Mobility Element.
2. The applicant is a community-based public or private organization or association serving the residents of the City as described in this Section, as determined by the Zoning Administrator.
3. A temporary activating use is subject to compliance with Americans with Disabilities Act (ADA) requirements per the Building Code.
4. Vacant lots used for temporary activating uses shall be maintained free of weeds, dry brush, dead vegetation, trash, garbage, junk, debris, building materials, vehicles, cars, boats, campers, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law), discarded personal items, including but not limited to, furniture, clothing, large and small appliances, graffiti, tagging or similar markings. The property owner or other responsible person must inspect the property at reasonable intervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffiti, debris or materials accumulating on the property.
5. Temporary activating uses that are sporadic special events shall be permitted for a period of up to six (6) months at the discretion of the Zoning Administrator. These types of uses are eligible for up two additional six-month renewal periods not to exceed a maximum of eighteen (18) months for the same use. Conditions may be modified by the Zoning Administrator during the renewal process, as necessary, to ensure compatibility with the surrounding area.
6. Other temporary activating uses that do not fall under the category of sporadic special events shall be permitted for a period of up to one year at the discretion of the Zoning Administrator. These types of uses may be renewed for up to two (2) additional one-year periods not to exceed a maximum of three (3) years for the same use. Conditions may be modified by the Zoning Administrator during the renewal process, as necessary, to ensure compatibility with the surrounding area.
7. Projects may be granted relief from development standards for temporary activating uses by the Zoning Administrator if positive findings can be made for the following:
a. The use shall further the goals of the general plan, provide a community benefit, activate the street, and reduce visual blight associated with vacant lots;
b. The use shall not cause substantial adverse impacts upon the surrounding area including public health, safety and general welfare;
c. The use shall be compatible with the surrounding area.
8. The fee for temporary activating use permits shall be the fee charged for Administrative Land Use Review (ALUR) permits. Each renewal application for a temporary activating use is subject to the same fee.
9. The Zoning Administrator shall have the authority to revoke or refuse to approve or renew a temporary activating use permit if the Zoning Administrator determines that there has been a violation of the terms or conditions of the approval or evidence of negative impacts on the surrounding area. The Zoning Administrator's action may be appealed to the Planning Commission.
(ORD-20-0018 § 24, 2020)
