City of West Hollywood, CA Chapter 19.20 GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS

§ 19.20.010 Purpose.

The provisions of this chapter expand the standards of Article 19-2 (Zoning Districts and Allowable Land Uses) by addressing some details of site planning, project design, and operation. These standards are intended to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, in consistency with the General Plan.

(Ord. 01-594 § 2, 2001)

§ 19.20.020 Applicability.

The provisions of this chapter apply to all new or modified structures and uses, regardless of the applicable zoning district.

A. Standards. These standards shall be considered in combination with the standards for each zoning district in Article 19-2 (Zoning Districts and Allowable Land Uses). If there is any conflict, the standards specific to the zoning district shall override these general standards.

B. Design Guidelines. These standards shall be reviewed and applied in combination with the design guidelines in this article, as well as in Article 19-2 (Zoning Districts and Allowable Land Uses).

(Ord. 01-594 § 2, 2001)

§ 19.20.030 Architectural Elevations.

All elevations of all structures on a site shall be architecturally treated in a compatible manner, including the incorporation within the side and rear elevations of some or all of the design elements used for the main façades. Parking structures shall also incorporate some or all of the design elements used for the main façade.

(Ord. 01-594 § 2, 2001)

§ 19.20.035 Disabled Access.

All newly constructed non-residential buildings with more than one floor and containing a gross floor area of more than 7,000 square feet shall be required to install and continuously maintain an elevator that complies with the State of California disabled access requirements. This requirement is in addition to all other accessibility requirements in Title 24 of the California Building Code.

(Ord. 02-643 § 8, 2003)

§ 19.20.040 Distance Between Structures.

Where more than one structure is placed on the same parcel, the structures shall be separated by the following minimum distances, in any zoning district where front, side, and rear setbacks are required by Article 19-2 (Zoning Districts and Allowable Land Uses):

A. Distance Between Primary Structures. A minimum distance of 10 feet shall be required between all primary residential structures on the same parcel;

B. Distance Between Accessory and Primary Structures. Except where a greater distance is otherwise required by this Article or Article 19-2 (Zoning Districts and Allowable Land Uses), a minimum distance of six feet shall be required between any primary residential structure and an accessory structure established on the same parcel;

C. Distance Between Accessory Structures. No minimum distance between accessory structures is required, except as may be required by the city's building and construction regulations; and

D. Projections Allowed into Area Between Structures on the Same Parcel. Certain structures and architectural features may project into the area required by this section for separation between structures as described in Table 3-1.

TABLE 3-1 ALLOWED PROJECTION INTO DISTANCE BETWEEN STRUCTURES
Projecting Feature Allowed	Maximum Projection Allowed
Awnings and canopies	2-1/2 ft.
Belt courses, capitals, cornices, rain conductors and spouts, sills, and water tables	2-1/2 ft.
Buttresses, fireplace structures, and wing walls	2-1/2 ft.
Cantilevered roofs and eaves	2-1/2 ft.
Covered breezeway or trellis, open to both sides	Allowed unrestricted within the required distance between structures
Stairways and balconies at or above the level of the first floor	3-1/2 ft.
Water heaters, water softeners, gas or electric meters, including service conductors and pipes	2-1/2 ft.
Uncovered decks, landings, platforms, porches and stairways up to 21/2 ft. above grade	Allowed unrestricted within the required distance between structures
Uncovered decks, landings, platforms, porches and stairways over 22 ft. above grade	3-1/2 ft.

(Ord. 01-594 § 2, 2001)

§ 19.20.050 Fences, Walls, and Hedges.

Fences, walls, and hedges shall be installed and maintained in compliance with the provisions of this section.

A. Maximum Height. The height of a fence, wall, or hedge shall not exceed the maximums allowed by this section.

1. Measurement of Height. The maximum height of a fence, wall, or hedge allowed by this section shall be measured from the highest ground level within two feet of either side of the fence, wall, or hedge.

2. Allowed Height Reduction for Required Fences and Walls. To allow for variation in topography, the height of a fence or wall that is required by this Zoning Ordinance for screening, separation between land uses, or other purposes, may vary. The fence or wall may be as much as six inches lower than the required minimum height, but in no event shall the average height of the fence or wall exceed the maximum height identified in this section.

3. Exempt Fences and Walls. A fence or wall that is required by state or federal law to exceed the height limits of this section shall be exempt from these requirements.

B. General Standards for All Fences, Walls, and Hedges. All fences, walls, and hedges in all zoning districts shall comply with the following requirements, as applicable.

1. Color. Fences and walls, excluding masonry with integral color and approved permanent finishes, shall be stained or painted in a consistent color scheme, which complements the surroundings.

2. Materials. Allowable materials for fences and walls shall be limited to wood, masonry, decorative metal (for example, wrought iron), and other materials approved by the Community Development Director consistent with the city's design guidelines. Barbed wire, concertina wire, grape stakes, chain-link, or chain-link with wood slats shall not be allowed as fencing material; except that chain link may be allowed in compliance with subsection (E) below (Security Fencing).

3. Wrought Iron Design. Wrought iron fences shall not terminate at the top in outward curves.

4. Perimeter Fence Finishes. All sides of all perimeter fencing shall be finished in the same colors and textures.

5. Maintenance. Fences, walls, and hedges shall be continuously maintained in an orderly, neat, and good condition, at no more than their maximum allowed height.

C. Residential Zoning District Height Limits. Fences, walls, and hedges on sites within residential zoning districts shall not exceed the following height limits. Residential properties with a parking overlay designation that are used as parking areas, and residential properties with nonconforming commercial uses are subject to the requirements of subsection (D), below.

1. Height Limit Within Front Setback.

a. Fences and Walls. Solid fences and walls within a required front setback shall not exceed a height of 42 inches; except that:

(1) Fences, walls, and combinations of fences and walls that are at least 50 percent transparent not to exceed six feet in height may be allowed in all residential front setbacks. The portion of a fence or wall that exceeds 42 inches in height shall be at least 50 percent transparent.

(2) A solid fence or wall or combination of fence and wall up to a maximum height of six feet may be allowed where the front setback of the residential parcel faces or abuts a General Plan-designated secondary highway, or a site zoned for or developed with a commercial use, or up to a maximum height of 10 feet wherever property zoned for residential abuts a commercial zone or a commercial use, if the review authority determines that the fence or wall will not:

(a) Unduly obstruct the view from neighboring residential properties; or

(b) Create a safety hazard to vehicular or pedestrian traffic.

The height and type of the material to be used in constructing the wall shall be approved by the Community Development Director, or in the case of a project requiring Planning Commission approval, by the Commission, to ensure that the increased height is compatible with the use of the property, does not detract from the pedestrian character of the street and is integrated into the architecture and site design. (See Section 19.28.130 concerning driveway visibility.)

b. Hedges. Hedges (and any supporting apparatus) are allowed with no restriction on height so long as the hedges do not block sightlines for drivers per Section 19.28.130(D) or pedestrians as determined by the Community Development Director. The Director may require trimming, removal, or other modifications to the hedge as required to promote and protect public health, safety, and welfare.

2. Height Limit Within Street Side Setbacks. Fences, walls, and hedges within a required street side setback shall not exceed 42 inches in height. A 50 percent transparent fence may be al-lowed within the setback area up to six feet in height.

3. Height Limit Within Interior Side and Rear Setbacks. Fences, walls, and hedges within a required interior side or rear setback shall not exceed six feet in height. Except where the property abuts a site zoned for or developed with a commercial use, including parking areas for commercial uses, a solid decorative wall or fence up to 10 feet in height may be constructed along the property line abutting the property with the commercial use. The height and materials of the wall or fence shall be approved by the applicable Review Authority for the project to ensure that the increased height is compatible with the use of the property, does not detract from the pedestrian character of the street, and is integrated into the architecture and site design.

4. Height Limit Outside of Required Setback Areas. Fences, walls, and hedges not within any required setback shall not exceed six feet in height.

D. Commercial Zoning Districts. The following standards shall apply to fences, walls, and hedges on sites within commercial zoning districts.

1. Advertising. Fence, wall, or hedge surfaces shall not be used for advertising or display unless authorized by a creative sign permit (Section 19.34.060).

2. Maintenance. The walls of any building which partly enclose a yard area or are visible from a street frontage shall be stained, painted, or provided with integral color, as appropriate to the wall surface material used, and permanently maintained.

3. Screening Required Adjacent to Residential Zones. Wherever a site zoned for or developed with a commercial use abuts a residential zone, a solid decorative wall not less than six feet nor greater than 10 feet in height shall be constructed along the property line abutting the residential zone. The height and materials of the wall shall be approved by the applicable review authority for the project. The Review Authority may require a wall up to 10 feet high, when such height is deemed necessary to protect neighboring residential properties from noise impacts or to otherwise protect the public health, safety and welfare.

4. Design. A wall abutting a right-of-way shall be designed to be compatible with the building architecture on the site, and shall be provided with landscaping between the wall and the right-of-way. (See also Section 19.26.040(B)(1)(a).)

5. Height Limit. Fences and walls shall not exceed 42 inches in height except where the Review Authority determines that increased height is compatible with the use of the property, does not detract from the pedestrian character of the street, and is integrated into the architecture and site design. (See Section 19.28.130 concerning driveway visibility.)

E. Security Fencing. Except as provided below, chain-link fencing is permitted for a maximum of 90 days to enclose abandoned, undeveloped or vacant property. After 90 days, fencing used to enclose abandoned, underdeveloped or vacant property shall comply with the requirements of Chapter 9.64 of this Code. Properties actively being developed pursuant to a current and valid building permit may be secured for more than 90 days with chain-link fencing at the discretion of the Community Development Director or designee.

F. Retaining Wall Standards. Retaining walls with a maximum height of six feet are allowed in all setbacks, provided that they are designed and constructed with an appearance similar to the buildings and other structures on the site, with compatible colors, finishes, and materials, and preferably with a color that is integral with the wall material.

1. Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, the retaining wall may be topped by a fence or wall of a total aggregate height that would otherwise be allowed at the location if no retaining wall existed. Where the retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the overall allowable height of a fence or wall. In any event, an open-work non-view-obscuring fence of 42 inches may be erected at the top of the retaining wall for safety purposes.

2. Where a fence or wall is located in the required yard adjacent to a retaining wall containing a fill, the fence or wall shall be set back from the retaining wall a distance of one foot for each one foot in height, to a maximum distance of five feet. However, this does not allow a fence or wall in required yards higher than allowed by this section. The area between the fence or wall and the retaining wall shall be landscaped and continuously maintained in an orderly, neat, and good condition.

Retaining walls shall incorporate design features similar to the other structures on the site, and use compatible colors, finishes, and materials, in compliance with this section.

FIGURE 3-1

Fence and Wall Standards

(Ord. 01-594 § 2, 2001; Ord. 02-615 § 2, 2002; Ord. 02-643 §§ 9—13, 2003; Ord. 07-752 § 7, 2007; Ord. 14-940 § 11, 2014; Ord. 19-1058 §§ 23 – 25, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.055 Canopy Trees.

A. Canopy trees, whether new or existing and preserved, shall be integrated into new developments under the following criteria:

1. In residential zoning districts, canopy trees shall be integrated at a ratio based on the cumulative required setback or yard areas as follows:

a. One canopy tree for yard areas up to 1,500 square feet.

b. Two canopy trees for yard areas from 1,501 square feet to 3,000 square feet.

c. Three canopy trees for yard areas from 3,001 square feet to 5,000 square feet.

d. Four canopy trees for yard areas from 5,001 square feet to 7,000 square feet.

e. Five canopy trees for yard areas greater than 7,000 square feet.

2. In commercial zoning districts, canopy trees shall be provided at a ratio of one tree for up to the first 6,000 square feet of gross site area, and one for every 6,000 square feet of gross site area thereafter. Trees shall be integrated within one or more of the following locations:

a. At ground level or at grade, whichever is applicable, in native soil, not on top of subterranean parking garages or other occupied spaces, in a street-fronting landscaped area that is a minimum of 200 square feet. This area shall be directly accessible or visible from the public right-of-way such as a promenade, paseo, plaza, or courtyard;

b. Elevated on an upper level terrace of a commercial or mixed-use project, integrated into an intensive vegetative roof system and garden area, minimum of 900 square feet with a majority of this area receiving direct solar exposure for a minimum of five hours per day. Canopy trees within the garden shall have a minimum tree well area of 36 square feet per tree. Refer to Section 19.90.020 (Definitions of Specialized Terms and Phrases) of this Code for information on intensive and extensive vegetative roof systems;

c. At roof levels, integrated into an intensive vegetative roof system and garden area that is a minimum of 1,800 square feet. Canopy trees within the garden shall have a minimum tree well area of 36 square feet per tree.

3. Required canopy trees shall have a minimum 24-inch box size.

4. A minimum of 50 percent of required canopy trees shall be planted at ground level or at grade, whichever is applicable, in native soil.

B. Prior to installation, canopy trees shall be founded in a soil mix containing a minimum of 20% organic materials in accordance with industry standards.

C. Canopy trees at grade shall be planted no closer than eight feet from a building foundation or structural wall. In any case where a smaller dimension is proposed, plans must be submitted by both a licensed landscape design professional and a licensed structural engineer who can attest to both the long-term viability of the tree and the structural integrity of the building or wall and the tree placement must be approved by the Community Development Director.

(Ord. 23-26, 1/22/2024)

§ 19.20.060 Green Building.

A. Purpose and Intent. The green building standards in this section are established to reduce the use of natural resources, create healthier living environments, and promote environmental responsibility in building design and construction. The practice of green building can have meaningful beneficial impacts by reducing energy, water, and natural resource consumption, improving the well-being of occupants through better indoor air quality and comfort, and contributing to community-wide environmental initiatives. The program consists of mandatory provisions, requirements for specific plans and development agreements, and application requirements.

B. Applicability. All new development, major remodels, and tenant improvements (herein referred to as "Project") shall comply with the following requirements of the West Hollywood Municipal Code, as applicable. Where this section references another section of the Municipal Code, the applicability provisions of that section shall be used to determine applicability.

C. Mandatory Provisions. This section is to be used in conjunction with the California Code of Regulations Title 24. Where conflicts in language may exist between this section and the California Code of Regulations, Title 24, the more restrictive green building provision shall prevail.

1. Site Planning and Design.

a. Storm Water Diversion. Projects shall comply with all the applicable requirements in Section 19.20.190 (Storm Drainage and Storm Water Runoff) and Chapter 15.56 (Storm Water and Urban Runoff Pollution Control).

b. Storm Drains. Storm drains in the public right-of-way adjacent to the Project site shall be labeled in accordance with any standards set by the Director of Public Works.

c. Construction Debris Control. Projects shall comply with all applicable requirements in Section 13.04.040 (Construction Debris Control).

d. Electric Vehicle Charging Readiness. Projects shall comply with all applicable requirements in Section 19.28.170 (Electric Vehicle Charging Readiness).

e. Alternative Transportation. Projects shall comply with all applicable requirements in Section 19.28.150 (Bicycle Parking and Support Facilities).

f. Transportation Demand Management. Projects shall comply with all applicable provisions of Chapter 10.16 (Transportation Demand Management).

g. Permeable Surfaces. Projects shall comply with all applicable requirements in Section 19.20.190 (Storm Drainage and Storm Water Runoff) and Section 19.36.280(B)(5) (Front Yard Paving).

h. Parking Landscaping for Surface Parking Areas. Projects shall comply with all applicable requirements in Section 19.28.100(B) (Parking Area Landscaping Requirements).

i. Sustainable Roof Measures. The purpose of this section is to make productive use of rooftops to maximize environmental benefits.

(1) Required. All new residential, non-residential, and mixed-use projects with a gross floor area of 10,000 square feet or more, or a major remodel that causes a residential, non-residential, or mixed-use building to become 10,000 square feet or greater, shall install at least one of the following sustainable roof measures:

(a) Photovoltaics (PV), sized to offset a minimum of 15 percent of the building's total estimated energy usage, or

(b) Solar thermal systems (i.e., solar hot water), with a minimum 0.50 solar fraction, or

(c) Vegetative roof, covering a minimum 30 percent of the roof area not occupied by mechanical equipment or access stairways as a landscaped roof. This measure shall comply with the vegetative roof requirements in the California Building Code and shall be integrated into the project's Low Impact Development Plan required under Section 15.56.095 of the West Hollywood Municipal Code.

(d) At the discretion of the review authority, compliance with this section may be alternatively achieved by:

(i) Installing a combination of sustainable roof measures listed above, or

(ii) Installing non-roof photovoltaic or solar thermal systems (e.g. building-integrated or ground mounted). Such systems must meet the performance or prescriptive requirements equivalent to its corresponding sustainable roof measure.

(2) Exemptions.

(a) Other exemptions from subsection (C)(1)(i)(1) above may be granted by the review authority, where the review authority determines that compliance with the requirements of this section is technically infeasible.

2. Energy Efficiency.

a. Energy Efficiency. Projects shall comply with all applicable provisions of the most recent edition of the California Energy Code (Title 24, Part 6), and most recent editions of the locally-adopted building, electrical, mechanical and plumbing codes found in Title 13 of this Code.

b. Energy Star Appliances. Appliances provided in residential and mixed-use projects, and commercial projects as appropriate, shall be Energy Star qualified appliances.

c. Energy Efficient Outdoor Lighting. Projects shall comply with all applicable requirements in Section 19.20.100 (Outdoor Lighting).

d. Energy Benchmarking Readiness. All new residential, non-residential, and mixed-use projects of 20,000 square feet or greater shall register with EnergySTAR Portfolio Manager.

3. Water Efficiency and Conservation.

a. Water Conserving Plumbing Fixtures and Fittings. Projects shall comply with applicable requirements for utilizing low-flow showerheads, faucets and water closets as specified in Section 13.24.015.

b. Water Efficient Landscaping. Projects shall comply with all applicable requirements in Section 19.26.060 (Plant Materials), Section 19.26.070 (Irrigation and Water Conservation), and Chapter 15.52 (Regulation of Outdoor Water Use Practices).

c. Water Submetering. Projects shall comply with applicable requirements for water submetering for indoor water use as specified in the locally-adopted plumbing code and for outdoor water use as specified in Section 13.24.015.

4. Material Conservation and Resource Efficiency.

a. Environmental Protection, Pollution, and Solid Waste. Projects shall comply with all applicable requirements in Title 15 (Environmental Protection, Pollution, and Solid Waste).

b. Recyclable Materials Storage. Projects shall comply with all applicable requirements in Section 19.20.180 (Solid Waste and Recyclable Materials Storage) and Section 19.36.280(B)(10) (Waste Diversion).

c. Construction and Demolition Waste. Projects shall divert a minimum of 80 percent of all construction and demolition waste away from landfills in accordance with any standards set by the Director of Public Works.

5. Environmental Quality.

a. Environmental Quality. Projects shall comply with all applicable provisions of the most recent edition of the California Green Building Standards Code, and most recent editions of the locally-adopted building, electrical, mechanical and plumbing codes found in Title 13 of this Code.

D. Requirements for Specific Plans and Development Agreements. In addition to other applicable green building requirements, projects requesting increases in allowable height or density through approval of specific plans or development agreements shall comply with one of the following high-achieving measures:

1. Highly Energy Efficient Building.

a. New multi-family residential and mixed-use projects of four or more stories, and new non-residential projects shall demonstrate a minimum of 50 percent improvement in building energy performance over the baseline set by the California Energy Code (Title 24, Part 6).

2. Graywater System Installation.

a. Projects shall install one of the following graywater systems:

(1) A treated graywater system to supply water closets, urinals, and other allowed uses that is designed for a minimum of 25-percent reduction in indoor potable water use; or

(2) A graywater collection system for onsite subsurface irrigation collected from bathtubs, showers, bathroom wash basins and laundry water that meets 100 percent of the site's landscape water requirements. This option only applies to projects with new landscape areas of 1,000 square feet or more.

b. A combination of indoor and outdoor graywater measures may be approved at the discretion of the review authority.

c. All graywater systems shall comply with the most recent edition of the locally-adopted plumbing code.

3. Use of Third-Party Green Building Rating System. Projects shall achieve one of the following within 24 months of the issuance of a Certificate of Occupancy, and shall provide a performance bond or similar security to ensure compliance to the satisfaction of the Director. The Director is authorized to promulgate any rules and regulations necessary to implement the requirements of this subsection (D)(3):

a. LEED Platinum Certification;

b. Living Building Challenge Certification.

4. Exemptions.

a. This subsection D shall not apply to specific plans and development agreements for billboards or institutional uses.

b. Other exemptions may be granted by the review authority, where the review authority determines that compliance with the requirements of this section is technically infeasible.

E. Application Requirements. This section is intended to simplify and facilitate the green building document review and permitting process for all applicable projects. For each phase, all planning review and building permit documents shall indicate in the general notes and/or individual drawings, where appropriate, the required green building measures employed for the project.

1. Planning Review Phase. A completed preliminary green building checklist and supporting documents shall be submitted as part of an application for a development permit.

2. Building Permit Phase. Following approval of the land use or development permit, a final green building checklist and supporting documents shall be submitted as part of the application for any building permit.

3. Projects using a third-party green building rating system to comply with subsection D of this section, require additional documentation as follows:

a. Prior to the issuance of building permits, the applicant shall submit evidence satisfactory to the Community Development Director that the services of the appropriate accredited green building professional have been retained, and that the project has been registered with the third-party rating system.

b. A rating system checklist and supporting documentation indicating points to achieve the required rating level shall be incorporated into the documentation for development and building permit submittals. The checklist shall be prepared, signed, and dated by the appropriate accredited professional.

(Ord. 06-733 § 6, 2006; Ord. 07-762 § 6, 2007; Ord. 10-861 § 1, 2010; Ord. 12-882 § 7, 2012; Ord. 14-940 § 12, 2014; Ord. 17-1005 § 5, 2017; Ord. 18-1034 § 12, 2018; Ord. 19-1054 § 10, 2019; Ord. 19-1058 § 26, 2019; Ord. 19-1072 § 8, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.070 Hazardous Materials Storage.

The purpose of the following standards is to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable State laws (Government Code Section 65850.2 and Health and Safety Code Sections 25505, et seq.), the Los Angeles County Hazardous Waste Management Plan, and Federal regulations.

For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.

A. Permit Requirements.

1. Conditional use permit approval shall be required for any new use (main or accessory), or major addition (over 25 percent) to an existing use, that involves the handling, manufacturing, processing, or storing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code.

2. In compliance with State law, the following are exempt from conditional use permit requirements:

a. Underground storage of bulk flammable and combustible liquids; and

b. Hazardous substances in container sizes of 10 gallons or less that are maintained or stored for the purpose of retail or wholesale sales.

B. General Standard. All operations which involve the storage, use, or transport of flammable and explosive materials or gasses shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire-suppressing equipment and devices, subject to the approval of the Los Angeles County Fire Department.

C. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the Community Development Director at the same time these plans are submitted to the Fire Department.

D. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Section 719.113(a) of the Uniform Fire Code). Businesses that use underground storage tanks shall comply with the following notification procedures:

1. Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and

2. Notify the Fire Department and the Community Development Director of any proposed abandoning, ceasing, or closing the operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

E. Above-Ground Storage. Above-ground storage tanks for flammable liquids may be allowed subject to conditional use permit approval.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 27, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.080 Height Measurement and Exceptions.

All structures shall comply with the height limits of this section, except for fences and walls, which are instead subject to the provisions of Section 19.20.050 (Fences, Walls, and Hedges).

A. Maximum Height of Structures. The height of structures shall not exceed the standard established by the applicable zoning district in Article 19-2 (Zoning Districts and Allowable Land Uses), Tables 2-3 and 2-6.

B. Height Measurement.

1. Parallel Plane Method. The maximum allowable height shall be measured as the vertical distance from the grade existing at the time of project submittal to an imaginary plane located at the allowed number of feet above and parallel to the existing grade (see Figure 3-2). Natural grade may be substituted for existing grade where the Community Development Director determines that the use of natural grade more accurately serves the purposes of the Zoning Ordinance. As an alternative on sites with slopes of five percent or more, an applicant may choose to apply the height measurement method provided in subsection (B)(2), below.

FIGURE 3-2

Height Measurement

2. Sloping Sites. At the option of an applicant, the following method of measuring the maximum allowed building height may be used instead of the method provided in subsection (B)(1) above, only on sites with slopes of five percent or more. This method of establishing heights on sloping parcels is intended to ensure compliance of structures on sloping parcels as closely as practicable to the height limit provisions of this section, in a manner that considers the design of efficient spaces within proposed structures.

a. Side Sloping Sites. Side sloping sites shall be measured as follows (as shown in Figure 3-3a):

(1) Sites with slopes of five percent or more from side property line to side property line along the street frontage, shall be broken into segments of 50 feet in width if zoned residential, and 70 feet in width if located in a non-residential zoning district;

(2) The midpoint of the front or rear property line, whichever is higher, of each segment shall be used to establish the maximum allowable height for the segment; and

(3) The number of segments shall be determined by dividing the total parcel frontage by either 50 feet or 70 feet as applicable. The width of the segments should then be evenly distributed by dividing the total parcel width by the required number of segments. The Commission may modify the number and width of segments when the Commission finds that the redesign meets the intent of this section.

FIGURE 3-3A

Sloping Site Segments

b. Laterally Sloping Sites. The maximum allowed height shall be measured on a laterally sloping site by first establishing a midpoint as defined in subsection (B)(2)(a), above, and then by measuring through the parcel as defined in subsection (B)(2)(c), below. A laterally sloping site is one with slopes of 5 percent or more from the front property line to the rear property line.

c. Method of measurement through the parcel. Minimum height shall be measured as follows (as shown in Figures 3-3b and 3-3c):

(1) After establishing the midpoint for a parcel, or for each segment of a parcel on a sloping site, as defined in subsection (B)(2)(a), above, the maximum height allowed by this Zoning Ordinance shall be measured upward from that midpoint.

(2) An imaginary line is then drawn perpendicular to and extended outward toward the front or rear property line, whichever is lower, until it reaches the angle line created by subsection (B)(2)(c)(4), below.

(3) The midpoint of the front or rear property line, whichever is lower, is then established as described above and the maximum height limit prescribed for the property by this section is measured upward at that point.

(4) From the top of the midpoint line established by subsection (3), above, an angle is drawn at a profile of one foot vertically to two feet horizontally (1:2) to connect the lower midpoint line with the perpendicular line created by subsection (B)(2)(c)(2), above.

FIGURE 3-3B

Sloping Site Cross-Section

FIGURE 3-3C

Sloping Site Three-Dimensional View

d. Commercial Height Measurement when Adjacent to a Residential Zoning District. The purpose of the following methods of measurement is to require modifications to the height of commercial structures adjacent to a residential zoning district to ensure an appropriate transition in scale and use. These requirements apply where a rear or interior side lot line of a commercially zoned parcel abuts a residential zoning district, either within or outside the city.

(1) Rear Lot Line. Any structure on the commercial parcel shall not exceed the maximum height required for the abutting residential zoning district unless the structure, or that portion thereof which exceeds the height, is set back from any required rear yard a minimum horizontal distance of one foot for each two feet by which the structure, or portion thereof, exceeds the maximum height.

(2) Side Lot Line. Any structure on the commercial parcel shall not exceed the maximum height prescribed for the abutting residential zoning district unless the structure, or that portion thereof which exceeds the height, is set back from any required side yard a minimum horizontal distance equal to one foot for each four feet by which the structure, or portion thereof, exceeds the maximum height.

C. Projections Above Allowed Heights.

1. No structure shall project above the height limits for each zoning district established in this Zoning Ordinance except as specified in this Section.

a. When multiple projections are placed above the allowable height limits as allowed under this section, those projections shall be located in a manner as to not create the appearance an additional floor above the roof as determined by and to the satisfaction of the Review Authority.

b. Table A is a summary of the maximum permitted projection(s) above the height limit or roofline of a building for structures that are typically mounted or attached to a building. Table A also establishes limitations in the horizontal coverage of permitted projections.

TABLE A: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS
Structure	Maximum Aggregate Coverage of Building's Roof Area (% or total gross square footage)	Maximum Vertical Projection (ft.)	Other Requirements
Projections Allowed in All Zoning Districts:
Skylights	No limit	3 ft. above the roofline	_____
Sustainable energy equipment located on a rooftop For solar access and solar equipment, please see also Section 19.20.170.	No limit	12 ft. above the height limit	Shall be set back a minimum of 2 feet from the edge of the roofline, with the exception of solar collector panels.
Elevator shafts	200 gross sq. ft. per elevator shaft	15 ft. above the roofline	_____
Stairwells	200 gross sq. ft. per stairwell	10 ft. above the roofline	_____
Chimneys, vent stacks and windscoops	5%	10 ft. above the height limit	_____
Parapets, fire escapes, catwalks, and open guard rails required by law	No limit	4 ft. above the roofline	As required by Title 13 of the West Hollywood Municipal Code.
Non-occupiable architectural features such as steeples, spires, towers, domes, and cupolas	25%	12 ft. above the height limit	Maximum aggregate coverage combined with rooftop features for outdoor living areas shall not exceed 25% of the total roof area.
Rooftop features for outdoor living areas, such as sunshade and open trellises	25%	10 ft. above the roofline	Maximum aggregate coverage combined with non-occupiable architectural features shall not exceed 25% of the total roof area.
Mechanical rooms and enclosures, telecommunications facilities, ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building For telecommunications facilities, please see also Section 19.36.350	15%	10 ft. above the roofline	Shall be set back from the edge of the roofline a minimum of 0.5 ft. for every foot in height above the roof above which they are situated.

2. Height Averaging. The maximum height of a structure may be averaged, subject to approval by the Community Development Director. For example, where a flat-roofed structure could be built to a height of 25 feet, a sloping roof could be built to a maximum average height of 25 feet with the lowest portions of the roof slope at 20 feet, and the highest portions at 28 feet.

(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 14, 15, 2003; Ord. 18-1042 § 7, 2018; Ord. 19-1058 § 28, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.090 Noise Mitigation.

A. Maximum Noise Level. Proposed development and land uses shall comply with the requirements of the city's Noise Control Ordinance in Chapter 9.08 of the Municipal Code.

B. Residential Project Mitigation. Developers of residential projects adjacent to existing commercial uses shall incorporate noise mitigating construction techniques to ensure that noise from existing commercial uses is abated to acceptable levels in compliance with Chapter 9.08 of the Municipal Code.

C. Commercial Project Mitigation. Developers of commercial projects adjacent to residential zoning districts or existing residential uses shall incorporate noise mitigating construction techniques to ensure that noise from the proposed commercial activities is abated to acceptable levels in compliance with Chapter 9.08 of the Municipal Code.

D. Mechanical Equipment. Equipment located on the rooftop of a structure shall be enclosed or incorporate other elements to prevent adverse noise that might be heard by persons on adjacent properties.

(Ord. 01-594 § 2, 2001)

§ 19.20.100 Outdoor Lighting.

A. General Standards for Outdoor Lighting. Outdoor lighting shall be designed to prevent glare, light trespass, and sky glow in accordance with the most recent edition of the California Energy Code (Title 24, Part 6). Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness. Exterior lighting shall:

1. Be architecturally integrated with the character of the structures;

2. Be directed away from adjacent properties and public rights-of-way;

3. Be energy-efficient and shielded so that all glare is confined within the boundaries of the site;

4. Use timers, where acceptable, to turn outdoor lights off during hours when they are not needed;

5. Be appropriate in height, intensity, and scale to the uses they are serving;

6. Use no more intensity than absolutely necessary;

7. Comply with the backlight, uplight, and glare (BUG) requirements for outdoor lighting in accordance with the most recent edition of the California Energy Code (Title 24, Part 6);

8. If on a pole, be low and relatively closely spaced. Lighting in large surface areas (e.g., parking lots), shall use a larger number of lower, pole-mounted fixtures rather than fewer, taller fixtures. Wattage shall be kept below 250 watts.

B. Security Lighting. Security lighting shall be provided at all structure entrances and exits, except for single-family dwellings and duplexes, where this requirement is optional. Motion-sensing controls shall be used with rapid-start lamps, except where the Community Development Director deems that these are not appropriate or feasible.

C. Shielded Lighting. Light sources associated with non-residential land uses shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be visible from adjacent properties or the public right-of-way. This section does not apply to traffic safety lighting, or public street lighting.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 29, 2019; Ord. 19-1072 § 9, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.110 Pedestrian Pathways.

The applicant shall provide sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each structure in a proposed project. The applicant for a project on property which is near or abuts a pedestrian crosswalk may be required to improve the crosswalk for pedestrian safety and convenience, where the review authority determines that the proposed project creates the need for these improvements. The improvements may include striping or restriping and repaving, adding pedestrian actuation, or a flashing signal.

(Ord. 01-594 § 2, 2001)

§ 19.20.120 Performance Standards.

All uses shall be developed and operated in a manner consistent with the performance standards of this section. Unless otherwise specified, the location where the determination shall be made of the existence of any dangerous or objectionable element or condition shall be at the property line of the use.

A. Airborne Emissions. Airborne emissions shall not be produced that are readily detectable off-site without instruments by the average person, or which cause damage to human health, animals, vegetation, or property.

1. Odors. Emission of odorous gasses or other odorous matter shall not be produced in quantities that are detectable off-site by the average person.

2. Smoke. Emission of visible smoke shall not be produced of a shade equal to or darker than Ringlemann Number One or its equivalent opacity for more than three minutes in any one-hour period.

B. Electrical Disturbance. Activities shall not produce electrical disturbance that affects the operation at any point of any equipment other than that which creates the electrical disturbance.

C. Humidity, Heat, or Cold. Humidity, heat, or cold shall not be produced that is perceptible without instruments by the average person off-site.

D. Vibrations. Vibrations that are perceptible off-site shall not be generated.

(Ord. 01-594 § 2, 2001)

§ 19.20.140 Screening of Equipment.

A. Mechanical Equipment. Mechanical equipment and utilities shall be architecturally screened from public view. See also Section 19.20.080(C)(4) (Height Measurement and Exceptions - Mechanical equipment).

B. Roof-Top Equipment and Appurtenances.

1. Roof-top equipment and appurtenances shall not be visible from any point at or below the roof level of the subject structure. This requirement shall apply in the construction of new structures, and any replacement, re-location, or increase in the size of the mechanical systems of existing structures.

2. The equipment shall be either enclosed by outer structure walls or parapets, or grouped and screened in a suitable manner, or designed to ensure balance and integration with the design of the structure, subject to the approval of the Community Development Director.

C. Exemptions. Minor mechanical equipment features not exceeding one foot in height, and roof-mounted solar collection panels and their supports regardless of height, shall be exempted from the screening requirements of this section.

(Ord. 01-594 § 2, 2001; Ord. 08-794 § 7, 2008; Ord. 19-1058 § 30, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.150 Setback Measurement and Projections into Yards.

This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses; and space for landscaping, privacy, and recreation.

A. Setback Requirements.

1. All structures shall conform with the setback requirements established for each zoning district by Article 19-2 (Zoning Districts and Allowable Land Uses), Tables 2-3 and 2-6, and with any special setbacks established for specific uses by this section or by Chapter 19.36 (Standards for Specific Land Uses).

2. Any portion of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way, except where approved by the Director of Public Works.

3. Each required setback area shall be open and unobstructed from the ground upward, except as provided in this section.

B. Exemptions from Setback Requirements. The minimum setback requirements of this Zoning Ordinance apply to all structures and uses except the following:

1. Fences or walls in compliance with Section 19.20.050 (Fences, Walls, and Hedges);

2. Decks, free-standing solar devices, steps, terraces, and other site design elements placed directly upon the finished grade, that do not exceed a height of 12 inches above the surrounding finished grade at any point; and

3. Retaining walls up to 42 inches in height above finished grade.

C. Measurement of Setbacks. Setbacks shall be measured as follows. See Figure 3-4.

1. Front Setbacks. The front setback shall be measured from the point of the front property line of the parcel nearest to the wall of the structure, establishing a setback line parallel to the front property line, except as follows, and except as provided by subsection (C)(6), below.

a. Corner Parcels. The measurement shall be taken from the point of the structure nearest to the property line adjoining the street on which the property has the shortest frontage and from which access to the property is taken. The Community Development Director may approve an alternate primary frontage of corner parcels only when the Community Development Director finds on-site or adjacent conditions to be incompatible with the standard primary frontage and an alternate primary frontage will improve the site plan (including, but not limited to, the location of the setbacks, the location of building footprint, utilities, parking, and ingress/egress). See also subsection (C)(6), below.

b. Flag Lots. The measurement shall be taken from the point of the wall of the structure nearest to the point where the access strip meets the bulk of the parcel; establishing a setback line parallel to the front property line that extends from the access strip to the side property line farthest away. See Figure 3-5.

FIGURE 3-4

Location and Measurement Setbacks

FIGURE 3-5

Flag Lot Setbacks

2. Side Setbacks. The side setback shall be measured from the point on the side property line of the parcel nearest to the structure, establishing a setback line parallel to the side property line, that extends between the front and rear yards. See also subsection (C)(6), below.

3. Street Side Setbacks. The side setback on the street side of a corner parcel shall be measured from the point of the side property line that adjoins the street right-of-way nearest to the structure. See also subsection (C)(6), below.

4. Rear Setbacks. The rear setback shall be measured from the point on the rear property line of the parcel nearest to the structure, establishing a setback line parallel to the rear property line, that extends between the side property lines, except as follows, and except as provided by subsection (C)(6), below:

a. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the point of the easement or right-of-way line nearest to the structure;

b. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard; and

FIGURE 3-6

Rear Setback for Irregular Lot

c. In determining the depth of a rear yard of a structure, where the rear yard adjoins an alley, one-half the width of the alley up to 10 feet, may be considered as a portion of the rear yard. This provision shall not reduce the depth of any residential rear yard to less than 15 feet from the property line; provided that the door of a structure, except a fence, that opens into an alley, shall not be established closer than 15 feet from the center of the alley.

5. Nonparallel Lot Lines. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear yard along the line may be averaged; provided that the resulting side yard shall not be less than three feet in width, and the rear yard shall not be less than 10 feet in depth, at any point.

6. Location of Setbacks on Corner Parcels Combined with Interior Parcels. When one or more interior parcels is combined with a corner parcel, the location of the front, side, and rear yards of the interior parcels shall be maintained as they existed before the parcel combination (lot tie) occurred.

D. Limitations on Uses of Setbacks. Required setback areas shall only be used as follows.

1. Structures. Required setback areas shall not be occupied by structures other than:

a. Structures that are exempted from setback requirements by subsection (B);

b. Residential accessory structures located within setback areas in compliance with Section 19.36.300 (Residential Accessory Uses and Structures); and

c. The projections into setbacks allowed by following subsection (E)

2. Parking. See Section 19.28.030(C). (Location of Parking).

3. Pavement. See Section 19.36.320(C). (Front Yard Paving).

4. Storage. Front or street side setbacks shall not be used for the storage of scrap, junk, automobiles, boats, habitable trailers, utility trailers, similar vehicles, or equipment. This restriction includes the storage of operable or inoperable vehicles except on a paved driveway leading to a garage or carport.

E. Allowed Projections into Setbacks. Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side, and rear setbacks as provided by Table 3-2, but shall project no closer to a property line than the minimum separation required by Table 3-2. See also Figure 3-7. See Section 19.36.300 regarding detached residential accessory structures.

F. Setback Requirements for Specific Structures.

1. Hot tubs, Swimming Pools, Spas, and Other Water Elements. Swimming pools, hot tubs, spas, and similar water elements intended for human occupancy may be allowed within a required rear setback, provided that it is located no closer than five feet to any property line. Ponds and other water elements not intended for active recreation and that do not exceed a height of 18 inches may be placed within any required setback.

2. Retaining Walls. (Retaining walls less than 42 inches in height above finished grade are exempt.)

a. Up to Six Feet. Retaining walls from 42 inches to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel.

b. Over Six Feet. Retaining walls greater than six feet in height, or where the exposed side of the wall faces out from the subject parcel without regard to height, shall be subject to the same setback requirements as the primary structure.

FIGURE 3-7

Examples of Allowed Projections Into Side Setbacks

TABLE 3-2 ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature	Maximum Projection into Setback
	Front Setback	Street Side	Interior Side	Rear Setback	Minimum from property line
Art and sculpture	Determined by approval process in Chapter 19.38 (Urban Art Program)
Awnings, canopies — Cantilevered, only over windows or doors and no wider than 12 in. beyond the edges of the window or door; maintained dust-free, repaired or replaced when necessary.	60 in.	60 in.	30 in.	72 in.	30 in.
Balconies, stairways — Above the first floor, open and unenclosed by other than railings.	48 in.	24 in.	24 in.	48 in.	36 in.
Bay windows, and similar enclosed projecting windows. The width of the window shall not exceed 10 ft. when in the front, street side, or rear yard or 7 ft. when in the side yard.1	60 in.	30 in.	30 in.	60 in.	36 in.
Carports on single-family or duplex residences. See Section 19.36.311	Vertical supports may be located anywhere within required setback, provided structure complies with applicable Building Code requirements and is of a design compatible with the dwelling				N.A.
Chimney or fireplace, 8 ft. or less in width, and not enclosing usable interior floor area.	30 in.	30 in.	30 in.	30 in.	30 in.
Cornices, belt courses, and similar architectural features.	12 in.	12 in.	12 in.	12 in.	N.A.
Eaves, roof overhangs – Cantilevered, and at least 8 ft. above grade.	30 in.	30 in.	30 in.	30 in.	30 in.
Enclosed driveway ramps to access subterranean parking for commercially zoned properties adjacent to residentially zoned properties. Maximum height of 10 ft. above grade.4	None	None	To property line	To property line	N.A.
Equipment — Air conditioners, electric and gas meters, water heaters.	30 in.	30 in.	30 in.	30 in.	30 in.
Parking garage — fully subterranean.	To property line	To property line	To property line	To property line	None
Porch, deck, landing — Covered, not exceeding 14 ft. in height, including any second level railing or parapet, not exceeding 60% of the building frontage, and unenclosed on three sides	72 in.	72 in.	None	None	60 in.
Porch, deck, landing — Uncovered, except by arbors, gazebos, or trellises more than 12 in. above grade, but not above the first floor level, unenclosed other than an open work railing3	10 ft.	60 in.	No limit	No limit	24 in.
Parking garage — Semi-subterranean, for residential project in R3 or R4 zones on lot 50 ft. or less in width, that projects not more than 30 inches above grade measured from adjacent property	None	None	To property line	None	N.A.
Uncovered steps, including any required hand railing	To property line	To property line	No closer than 24 in. to the side or rear property lines		N.A.
Utility risers, rain gutters, downspouts, etc.	12 in.	12 in.	12 in.	12 in.	N.A.
Wing walls — Maximum thickness of 1 ft., and a maximum height of 9 ft.	None	None	To property line		None

Notes:
(1)	Within a commercial zoning district, the bay window shall not increase usable floor area beyond that allowed by the applicable FAR requirement.
(2)	Patio area shall not exceed 50 percent of the required rear yard.
(3)	Provided that in each yard, no more than 50 percent of the yard is covered with impermeable surfaces.
(4)	Use of the rooftop of the enclosed driveway is prohibited. Access to the rooftop shall be limited to maintenance related purposes.

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 16, 2003; Ord. 15-956 § 7, 2015; Ord. 17-1007 § 9, 2017; Ord. 19-1058 §§ 31, 32, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.160 Sidewalks.

Combined sidewalk and parkways in all zoning districts shall be a minimum of 10 feet, except as otherwise provided by the Sunset Specific Plan, or when determined infeasible or undesirable by the Director of Public Works. See also Section 19.26.040(C)(1) and Chapter 11.46 for parkway requirements.

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 17, 2003; Ord. 19-1058 § 33, 2019; Ord. 19-1074 § 8, 2019)

§ 19.20.170 Solar Access and Solar Equipment.

These provisions are intended to ensure that solar energy systems are protected from shading and to facilitate their safe operation. The standards may be modified by the Community Development Director in the case where compliance would demonstrably reduce the operating efficiency or performance of the solar energy system and compliance will not adversely impact public health and safety.

A. Protection of Solar Access. A structure, fence, or wall shall not be constructed or modified in a residential zoning district, and vegetation (except for trees growing in the parkway) shall not be placed or allowed to grow, so as to obstruct the solar absorption area of a solar energy system on a neighboring parcel to a degree that the system cannot function as intended to contribute to the energy needs of the property. The Review Authority may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the General Plan or Zoning Ordinance. If the owner of the property where the solar energy system is installed is willing to relocate the system, the city has the discretion to require the property owner whose structure, fence, wall or vegetation may obstruct the solar energy system to pay the reasonable relocation costs. In order to prevent development on a neighboring property under this subsection, a solar energy system shall be:

1. Installed in such a manner that the system cannot feasibly be relocated to another part of the property on the date that the city deems the development permit application complete;

2. Functioning as intended to contribute to the energy needs of the property on the date that the city deems the development permit application complete; and

3. Capable of collecting, storing, and distributing solar energy to contribute to the energy needs of the property, including without limitation space heating, space cooling, electric generation, or water heating.

B. Solar Energy Systems Standards. The following installation standards shall apply to solar energy systems.

1. Solar Collectors.

a. Roof-mounted collectors shall be placed in the location least visible from public streets and, where feasible, be integrated into the design of the structure as an architectural element.

b. Wall-mounted and ground-mounted collectors shall be screened from public view.

2. Appurtenant Equipment. Where feasible, appurtenant equipment, plumbing, and related fixtures, shall be installed in the attic. Appurtenant equipment, plumbing, and related fixtures shall comply with the setback requirements of Section 19.20.150 and shall be screened from public view.

(Ord. 01-594 § 2, 2001; Ord. 08-794 § 8, 2008; Ord. 10-861 § 2, 2010; Ord. 19-1058 § 34, 2019; Ord. 24-16, 6/24/2024)

§ 19.20.180 Solid Waste and Recyclable Materials Storage.

This section provides requirements for solid waste and recyclable material storage areas in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 et seq.).

A. Waste Collection and Operations Plan Required. Each new multi-family, non-residential, and mixed-use project shall develop and implement a waste collection and operations plan in compliance with regulations provided by the Director of Public Works.

1. The plan shall include sufficient information for a complete understanding of the proposed waste collection and operations. At minimum, the plan shall address the frequency of collection, the appropriate service levels and logistics, the loading requirements, the projected waste volume, and the storage space allocation for solid waste, recycling, and organics collection. The plan shall be submitted as part of the land use and development permit application subject to review and approval by the Director of Public Works.

B. Multi-Family Projects. Multi-family residential projects with five or more dwelling units shall provide and maintain solid waste, recyclable, and organic material collection containers in the following manner:

1. Individual Unit Storage Requirements. Each dwelling unit shall be designed to include a space with a minimum of three cubic feet for the storage of solid waste and three cubic feet for the storage of recyclable material; and

2. Common Storage Requirements. Multi-family projects shall maintain common solid waste, recyclable, and organic material collection containers. Space shall be allocated as appropriate for the number and type of collection containers required, as determined by the project's approved waste collection and operations plan. Storage areas may be located indoors or outdoors as long as they are readily accessible to all residents.

a. Compactor Service. Compactors may be required in place of carts or bins based on a project's waste collection and operations plan and at the discretion of the Director of Public Works.

C. Non-Residential Structures and Uses. Non-residential structures and uses within all zoning districts shall provide and maintain solid waste, recyclable, and organic material collection containers. Space shall be allocated as appropriate for the number and type of collection containers required, as determined by the project's approved waste collection and operations plan. These requirements apply to each primary structure.

1. Compactor Service. Compactors may be required in place of carts or bins based on a project's waste collection and operations plan and at the discretion of the Director of Public Works.

D. Location and Configuration Requirements. Solid waste, recyclable, and organic material storage areas shall be conveniently located as follows:

1. Solid waste, recyclable, and organic material storage areas shall be located adjacent to, or near one another, or combined. They may only be located inside the building (including, but not limited to, within subterranean or surface level parking structures), inside a specially designated structure, on the outside of a structure in an approved fence or wall enclosure, in a designated interior court or yard area with appropriate access, or in rear or interior side yards. Exterior storage areas shall not be located in a required front yard, street side yard, parking space, access aisles adjacent to ADA parking spaces, landscaped, or open space areas;

2. The storage areas shall be accessible to residents and employees at all times. Storage areas within multi-family residential projects shall be conveniently located to the dwellings that they are intended to serve;

3. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel with at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;

4. If a subterranean garage driveway slope is greater than 20 percent at any point, an alternative means of conveying the solid waste, recyclable, and organic containers to grade level, such as a lift, shall be provided.

E. Design and Construction. Solid waste, recyclable, and organic storage areas shall be subject to the approval of the Director of Public Works, and shall be:

1. Enclosed on three sides by a solid screening wall or fence with a minimum height of five feet, designed to be architecturally compatible with the surrounding structures;

2. Provided with an approved operable door or gate on the fourth side, properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal and collection of materials;

3. Provided with a concrete pad within the fenced or walled areas and a concrete apron which facilitates the handling of the individual bins or containers;

4. Designed to protect the areas and the individual bins or containers within from adverse environmental conditions which might render the recyclable materials unmarketable; and

5. Designed to meet or exceed the minimum clearance standards set by the Director of Public Works for the level and type of service.

(Ord. 01-594 § 2, 2001; Ord. 09-812 § 7, 2009; Ord. 09-813U § 7, 2009; Ord. 19-1058 § 35, 2019; Ord. 19-1072 § 10, 2019; Ord. 21-1144 § 6, 2021)

§ 19.20.190 Storm Drainage and Storm Water Runoff.

A. Prevention of Runoff. Site grading shall be designed to prevent runoff onto adjacent properties and to eliminate the impacts of runoff on all structures on the site.

B. Connection to Public Drainage System Required. On-site drainage systems shall be connected directly to the existing public storm drainage system whenever an underground storm drain exists adjacent to a development site. Connection to a storm drainage system shall be in compliance with any required connection permits of the jurisdictional agency.

C. Runoff Water Quality. Storm water and urban runoff discharges to the public storm drainage system shall be prohibited for all discharges not wholly comprised of storm water, or allowed by a valid National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board. Discharges shall comply with the city's Stormwater Ordinance, Chapter 15.56 of the Municipal Code. Proposed projects shall be designed to comply with the following requirements, and shall integrate best management practices as required by the city's NPDES permit and to the satisfaction of the City Engineer:

1. Minimize parking lot pollution through retention, infiltration, and good housekeeping.

2. Vegetation clearance in preparation for construction shall commence no earlier than one month before the start of construction in the dry season and no more than one week before the start of construction in the wet season.

3. Runoff from the washing of toxic materials from paved or unpaved areas shall not be allowed to enter the storm drain.

D. Non-Permeable Surfaces. No more than 50 percent of required ground-level common open space areas, and of all required setbacks and yards, shall have non-permeable surfaces. Porous paving and landscaping shall be considered permeable surfaces. Where subterranean parking garages extend to property lines, an alternate area of size equal to at least 50 percent of the required yard shall have a permeable surface.

E. National Flood Insurance Program. The provisions of 44 C.F.R. Parts 59-77, shall be complied with, in all respects, for compliance with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA).

(Ord. 01-594 § 2, 2001)

§ 19.20.200 Street Address Numbers.

Each structure except accessory structures shall be provided a street address number in compliance with this section.

A. Height of Numbers.

1. Residential. Residential address numbers shall be at least three inches in height.

2. Commercial. Commercial address numbers shall be as least six inches in height.

B. Location.

1. Address numbers shall be located at the front of the structure and clearly visible from the street.

2. Unit numbers shall be on a door or wall visible from main halls or walkways.

3. Businesses with rear or alley access shall also have addresses, of at least three inches in height, displayed adjacent to the rear entrance.

C. Color. Address numbers shall be composed of highly contrasting colors or materials.

D. Maintenance. The address numbers shall be maintained and kept clear of vegetation.

E. Layout Map. Development projects with multiple structures or wings with multiple entrances shall display a layout map or plan near the main entrance. The map shall be weather resistant and constructed of permanent materials.

(Ord. 01-594 § 2, 2001)

§ 19.20.210 Streetscape Design.

All projects shall be designed to comply with the Urban Design Streetscape Master Plan and, where applicable, the Sunset Specific Plan, or any adopted city plan that supersedes them.

(Ord. 01-594 § 2, 2001)

§ 19.20.220 Transit Stop Improvements.

Structure entrances shall be designed to provide safe and efficient access to nearby public transit stops. The applicant for a development on property which is near or abuts a transit stop may be required to make transit stop improvements. Improvements may include the installation of a bus pad, new benches, or shelter. When practical, the bus stop shall be built into the project or be compatible with the development.

(Ord. 01-594 § 2, 2001)

§ 19.20.230 Undergrounding of Utilities.

All utilities on and serving the project site, except for electrical lines of 16 kV or greater, shall be installed underground. The undergrounding shall be accomplished in compliance with the utility's rules and tariff schedules on file with the California Public Utilities Commission. The review authority may grant a modification or waiver of this requirement if it finds that the general purposes and nature of the proposed development, and conditions of the site or vicinity make underground installation infeasible.

(Ord. 01-594 § 2, 2001)

§ 19.20.240 Art on Construction Fencing.

A. Applicability.

1. Required. Commercial properties under construction shall install temporary art along the street-facing perimeter construction fence of the property (excluding alleyways) if the construction is for a development project of 10,000 square feet or more and has one street-facing frontage of at least 75 linear feet.

The construction fence shall meet the requirements of the Building Code of the City of West Hollywood and the project's construction mitigation plan or Chapter 9.70 of this code and the temporary art shall comply with the provisions of this section.

2. Allowed. All other commercial properties under construction may install temporary art onto the property's construction fence, provided that the fence complies with the Building Code of the City of West Hollywood and the project's construction mitigation plan, and that the art complies with the provisions in the section.

B. Review Authority. Prior to the issuance of any building permits for a project where art is required under subsection A above, an Art on Construction Fence application shall be submitted to the Arts Division for review and approval. Applications shall be reviewed by the Division in accordance with the Art on Construction Fence Program approved by the Arts and Cultural Affairs Commission.

C. Advertisements. Use of advertisements on construction fence artwork shall not be permitted as set forth in Section 19.34.090 Prohibited and Restricted Signs. Names of architects, contractors, designers, financing institutions, future occupancy signs, renderings, and/or information on the project are permitted and shall comply with the standards in Section 19.34.050(F) Temporary Signs.

D. Installation. The applicant shall install the artwork on the construction fence within five business days of the assembly of the construction fence. Additionally, the applicant shall submit photographic documentation of the completed installation of the artwork on the construction fence to the Arts Division staff within 14 business days.

E. Maintenance of Artwork. The applicant shall maintain the integrity of the artwork on the construction fence and may be required to repair or reinstall if significant deterioration occurs.

(Ord. 17-1012 § 6, 2017; Ord. 19-1088 § 5, 2019)

§ 19.20.250 Transportation Demand Management.

Certain development permits, as outlined in Section 10.16.040, Applicability, West Hollywood Municipal Code, may require compliance with WHMC Chapter 10.16, Transportation Demand Management, as a condition of approval for a development permit.

(Ord. 18-1034 § 13, 2018)

§ 19.20.260 Gender Neutral Public Toilet Facilities.

A. The following shall be required to provide gender-neutral public toilet facilities:

1. All new and renovated commercial buildings that constitute a major remodel, as that term is defined under Article 19.90 of the West Hollywood Municipal Code,

2. Commercial renovations requiring a building permit that include the removal of interior partitions or a complete floor plan alteration, and

3. Commercial renovations that include relocation, expansion, or accessibility upgrades of existing restrooms.

B. Gender neutral public toilet facilities are defined as restrooms whose access shall not be restricted to persons of a specific sex or gender identity. Design standards for all public toilet facilities (both single and multiuser) shall be adopted by the City Council, which may be amended from time to time by the Director of Planning and Development without further action of the City Council.

C. This section is not intended to conflict with or contravene compliance with any federal or state laws pertaining to persons with disabilities, including, but not limited to, the Americans with Disabilities Act ("ADA") and any other provisions contained in the California Building Code

D. Waivers or Modifications. The city may waive or modify the requirements of this section upon application to the Community Development Department where any of the following are present and substantiated:

1. Compliance is technically infeasible. The alteration shall provide equivalent facilitation or comply with the requirements to maximum extent feasible.

2. Compliance will create an unreasonable financial hardship. The cost of compliance, the valuation of the project, the impact of proposed improvements on financial feasibility of the project, and the use of the facility under construction shall all be considered to determine a hardship. Equivalent facilitation or compliance shall be provided with the requirements to maximum extent feasible.

3. Use and Occupancy. Special consideration will be made for certain occupancies such as religious and educational uses.

4. The policy for consideration, approval and appeal of the Director's decisions regarding requests for waivers or modifications under this Section 19.20.260(D)(4) will be adopted by the City Manager or designee.

E. This section has been added to the West Hollywood Municipal Code in furtherance of and in compliance with Health and Safety Code Section 118507, which shall become inoperative on the date that standards that address all-gender, multiuser facilities takes effect in the California Building Standards Code (Title 24 of the California Code of Regulations). As of the date that Health and Safety Code Section 118507 is repealed, this section and Section 13.12.045 shall also be repealed.

(Ord. 22-1200 § 6, 2022; Ord. 23-06 § 4, 2023; Ord. 24-16, 6/24/2024)