City of West Hollywood, CA STANDARDS FOR SPECIFIC LAND USES

This section establishes minimum standards for the development and operation of accessory manufacturing, and accessory retail sales and services that are located within, and incidental to a primary commercial use. Examples of these uses include the manufacture of small products in support of an on-site retail business that is the primary use of the site, food service businesses within office complexes, pharmacies and gift shops within hospitals, and other similar uses. The intent of these standards is to provide for accessory business activities that will support the primary use, but will not supplant the dominance of the primary use.

Relationship to Primary Use.

Exterior Appearance. Accessory manufacturing, retail, and service uses are allowed, provided there will be only minor external evidence of the accessory commercial activity, so that the appearance of the site is defined by the primary use.

Public Access. Public access to the accessory use shall only be from within the structure which houses the primary use.

Floor Area Limitation. The floor area of the accessory use shall not exceed 1,200 square feet or 25 percent of the total floor area of the primary use, whichever is less.

Commercial Zoning Districts.

Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hotels, hospitals, and other medical facilities, to serve the needs of employees and guests, and pharmacies are allowed within hospitals and other medical facilities. A restaurant that is proposed to serve other than hotel guests shall require separate approval as a restaurant in compliance with Section 19.10.030.

Light assembly or manufacturing is allowed in the commercial zoning districts for the creation or manufacture of small clothing, art and craft products (e.g., apparel, jewelry, sculpture), accessory to on-site retail sales. The use of toxic or otherwise hazardous chemicals or materials shall comply with all state and federal requirements.

Criteria for Approval. An accessory manufacturing, retail, or service use shall be allowed only where the Planning and Development Services Director first determines that the use will not result in harm to adjoining existing or potential residential use due to excessive noise, traffic, or other adverse effects generated by the accessory use.

Allowable Incidental Business Activities.

Allowed Uses. The following activities may be allowed when deemed incidental to a legally established commercial business, and when conducted in compliance with the standards identified in subsection (D)(5), below:

Book or poetry readings in a café, restaurant, or bar;

Fashion show in a café, restaurant, or bar;

Karaoke in a café, restaurant, bar, or nightclub;

Parlor games or party games in a café, restaurant, or bar;

Stand-up performances, such as by comedians or magicians in a café, restaurant, or bar;

Live, unamplified background music in a retail store, gallery, restaurant, or café; and

Other uses as determined by the Director to be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood.

Prohibited Uses. The following are prohibited as incidental uses:

Live music with amplified instruments; and

Dancing.

Incidental Related Activities. Incidental activities customarily related to the main business use (for example, exhibition of a specific artist's work, including an opening reception in an art gallery; book reading or signing in a bookstore) in compliance with Section 19.54.020(B) (Temporary Use and Event Permits - Exempt activities) shall comply with the applicable standards identified in subsection (D)(5), below, but shall be exempt from the permit requirements of following subsection (D)(4).

Permit Required. The incidental activities allowed by this section shall require city approval as follows.

For an activity that will occur once a week, the Planning and Development Services Director's approval of an administrative permit in compliance with Chapter 19.44.

For an activity that will occur more than once a week, the Planning and Development Services Director's approval of a minor conditional use permit in compliance with Chapter 19.52.

The Planning and Development Services Director may amend the specified days and times allowed in an approved permit, without the public hearing and with noticing as required for an administrative permit, provided that the amendment does not increase the total number of days or amount of time for the allowed activity.

Development Standards. In order for the Planning and Development Services Director to determine that the accessory use is truly "incidental," all incidental activities shall comply with the following operational standards:

Location. The incidental activity shall occur only within the interior area of the business, alongside the regular business activity without replacing it at any time.

Frequency. The review authority shall determine the total number of incidental activities to be allowed. The specific days of the week and times allowed shall be specified in the permit. As a guideline, most uses shall be permitted up to twice weekly, unless the Planning and Development Services Director determines that the use will have no impacts on surrounding residential or commercial uses.

Outside Promoters. The incidental activity shall be part of the primary business use and shall not be sponsored by an outside promoter; however, an activity may benefit a non-profit organization directly engaged in civic or charitable efforts.

Admission Charges. There shall not be admission charges to enter the business or any other cover charges based on the incidental activity.

Noise Impacts. All activities shall comply with Section 19.20.090 (Noise mitigation).

Traffic and Parking. The incidental activity may generate a limited amount of additional traffic; however, the increase shall not warrant the need for additional off-street parking on a regular basis.

Adverse Impacts on Adjacent Areas. The incidental activity shall not cause any additional adverse impacts on neighboring residential or commercial property owners or tenants.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 123 – 125, 2019)

State Licensing Required. These standards apply in addition to the requirements of the California Department of Social Services and its facility licensing procedures. Licensing by the Department of Social Services is required for all adult and child day care facilities.

Child Day Care Center Standards.

Location Requirements. A residential parcel shall not be bordered on more than one side by a care facility. No more than 25 percent of the parcels on any residential block may be utilized for care facilities.

Fencing. A six-foot high solid decorative fence or wall shall be constructed on the side and rear property lines. The Planning Commission may allow a solid fence or wall in the front yard setback up to a maximum height of five feet if deemed necessary to ensure safety or to mitigate nuisance.

Parking and Loading. The staff parking required by Section 19.28.040 may be arranged in tandem with a depth of more than two spaces. Passenger loading shall be addressed by the review authority through land use permit conditions of approval, and may be located on- or off-site. Off-site loading is subject to approval by the Director of Public Works.

Swimming Pools or Spas. No swimming pools or spas shall be installed on the site due to high risk and safety considerations. An existing pool or spa for a separate use on the parcel may be allowed if determined by the Planning and Development Services Director that adequate, secure separation exists between the pool or spa and the facilities used by the children.

Adult Day Care Center Standards – Parking and Loading. The staff parking required by Section 19.28.040 may be arranged in tandem with a depth of more than two spaces. Passenger loading shall be addressed by the review authority through land use permit conditions of approval, and may be located on- or off-site. Off-site loading is subject to approval by the Director of Public Works.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 126, 2019)

Application Processing.

Processing Time. The Planning and Development Services Director shall determine whether an application for an adult business is complete within 15 days of submission. If an application is determined to be incomplete, the applicant shall be notified as to what additional information is necessary within the 15 days. If an application is determined to be complete, it shall be accepted and a decision to approve or deny shall occur within 21 days of the application being determined complete.

Criteria for Approval. The Director shall approve the zone clearance if the Director determines that the proposed use will comply with all applicable provisions of this section.

Location Criteria. A proposed adult business shall be located in compliance with the following requirements.

The use shall not be located within a 750-foot radius of any other adult business located within the city.

The use shall not be located within a 500-foot radius of a church, temple, or other places used exclusively for religious worship, or a playground, park, or school that is located within or outside the city.

For the purposes of this requirement, "school" shall mean any property containing a structure which is used for education or instruction, whether public or private, at grade levels preschool and kindergarten through 12.

The use shall not be located within a 250-foot radius of any residentially zoned property located within or outside the city.

Development and Performance Standards. Adult businesses shall comply with the following requirements:

Appearance. The exterior appearance of the structure shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

Visibility of Interior Features. All building entrances, windows, and any other openings into a structure which is proposed to accommodate an adult business shall be located, covered, or screened to prevent the view of devices, instruments, or paraphernalia which are designed for use in connection with "sexual arousal, sexual gratification, or sexual stimulation," as defined in Article 19-6 (Definitions), from any area open to the general public.

Exterior Lighting. The parking lot of an adult business and all adjacent on-site grounds shall be uniformly lighted with an intensity of not less than one foot candle for the period from sunset to one hour after the closing hour of the premises.

Other Standards. The proposed use shall comply with all other applicable property development and design standards.

Appeals. Any person aggrieved by the approval or denial of a zone clearance for the establishment of an adult business may appeal the determination to the Council in compliance with Chapter 19.76 (Appeals). The Council shall hold a hearing on the appeal within 45 days after the date on which a timely and complete application for the appeal is filed.

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 31, 2003; Ord. 19-1058 § 127, 2019)

Standards for All Sales Operations. Proposed on- and off-site alcoholic beverage sales operations shall be designed, constructed, and operated to:

Avoid contributing to an undue proliferation of alcoholic beverage sales businesses in an area where additional ones would be undesirable, with enhanced consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

Avoid any adverse impact on adjacent or nearby religious facilities, schools (e.g., public, parochial, or private elementary, junior high, or high schools), parks (e.g., public parks or recreation centers), or playgrounds (e.g., public or parochial); and

Avoid disruption of residents' sleep between 10:00 p.m. and 8:00 a.m. through design, operational conditions, and limitations on operating hours when the use is proposed in close proximity to residential uses, and especially to bedroom windows.

Additional Standards for Off-Site Sales. Off-site alcoholic beverage sales businesses shall comply with the following requirements, in addition to those in subsection (A), above. Locations with off-site alcoholic beverage sales shall be designed, constructed, and operated such that:

The business shall supply adequate, appropriately located receptacles for litter and recycling. All trash on the premises shall be properly removed and stored, and disposed of each business day. The sidewalk, driveway and parking lot shall be kept free of trash and litter at all times.

The exterior and interior of the premises shall be well-maintained and clean. Exterior landscaping on the property shall be maintained in good condition and kept watered and weeded.

The interior of the premises shall be brightly lit.

All persons purchasing alcoholic beverages must provide a valid government issued photo ID as proof of age. All items sold shall be packaged in a bag bearing the name of the establishment.

The operator shall promptly report unlawful behavior observed within and in the vicinity of the premises to the Sheriff's Department.

The operator shall refuse to sell any product containing alcohol or provide any service to any patron who is obviously intoxicated or who is observed, in the immediate vicinity of the establishment, drinking alcoholic beverages in public, urinating or defecating outdoors, making noise that would cause discomfort or annoyance to a reasonable person at that hour of the day, disturbing the peace, or littering.

Establishments serving alcoholic beverages in accessory to a restaurant for off-site consumption shall meet all requirements of the State Department of Alcohol Beverage Control (ABC), including Section 23401.5 of the California Business and Professions Code, and shall have received the appropriate ABC license prior to operation within the city. For purposes of compliance with State Department of Alcohol Beverage Control regulation and state law, "off-site" consumption is synonymous with "off-sale" consumption. In the event of a conflict between state law and this Code with respect to off-site or off-sale consumption, applicable state law controls. This subsection shall be repealed as of January 1, 2027, unless Section 23401.5 of the California Business and Professions Code is extended by state law.

(Ord. 01-594 § 2, 2001; Ord. 09-820 § 5, 2009; Ord. 22-1186 § 8, 2022)

Location Requirements. ATMs proposed on the exterior of structures shall be:

Set back from an adjacent street curb by a minimum of eight feet;

Located a minimum of 30 feet from any property line corner at a street intersection;

Located to not eliminate or substantially reduce any landscaped areas;

Located to not allow drive-through access from a vehicle;

Located to not result in undue traffic congestion; and

Located to ensure the safety and security of patrons.

Architectural Design. All construction and modifications to the exterior of the structure pertaining to the installation of an ATM shall be completed in a manner consistent with the architectural design of the structure and in conformance with applicable design standards and guidelines.

Parking. Off-street parking requirements shall be in compliance with the applicable provisions of Table 3-6 (Parking Requirements by Land Use). As an option, the ATM use may utilize on-street loading spaces, rather than on-site parking spaces, with a permit approved by the city's Department of Public Works.

Trash Disposal. Each exterior ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by users of the ATM.

Lighting. Each exterior ATM shall be provided with lighting in compliance with Section 19.20.100 (Outdoor Lighting) or state law, whichever is most restrictive.

Dimensions. In the Sunset Specific Plan Area, each exterior ATM shall be limited to a width of five feet for one machine or 10 feet for two machines, unless the Planning and Development Services Director determines that the architectural elements of the building, such as column or window spacing, demand that a larger space be provided. The total depth of the ATM or set of ATMs, including the area behind the machine required for service, shall be limited to a depth of 10 feet from the building face, allowing for other uses to occupy the area behind the ATM.

(Ord. 01-594 § 2, 2001; Ord. 12-903 § 8, 2012; Ord. 19-1058 § 128, 2019)

Dimensions. Expansions of existing ground-floor banks and financial service institutions, and new banks and financial service institutions located on the ground floor, in the SSPA shall be limited to a street frontage of 25 feet along Sunset Boulevard. The frontage must have a minimum depth of 25 feet. Beyond the 25-foot depth, the uses may extend to a wider frontage, per Figure 3-19.

FIGURE 3-19

Limitation on the Number of Banks and Financial Services. No more than six banks or financial service institutions shall be permitted to operate within the Sunset Specific Plan area at any time. Notwithstanding the foregoing, a bank or financial service institution that was: (1) approved or open and in operation on December 19, 2012 at the same location; and (2) does not meet the location and dimension requirements of this section, shall be allowed to continue operation in accordance with the regulations for nonconforming land uses in Section 19.72.050. Notwithstanding the requirements in 19.72.050(C), any bank or financial service institution that does not meet the requirements of this section and is discontinued or has ceased operations for 180 days or more shall not be reestablished on the site and any further use of the site shall comply with all applicable provisions of the municipal code. Any bank covered by the provisions of this section would be permitted to move or relocate to any location in the Sunset Specific Plan area that otherwise meets the requirements of this Zoning Ordinance.

(Ord. 12-903 § 9, 2012)

Permitted Locations. Bed and breakfast inns (B&Bs) or urban inns (UIs) shall be permitted only in the following areas:

B&Bs are permitted in buildings that are designated cultural resources in the R3 and R4 residential zones only, subject to the Rehabilitation Incentive process (Section 19.58.150), and the required finding that the applicant has proven that an economic hardship exists such that the proposed commercial use is necessary to maintain the building.

UIs are permitted on San Vicente Boulevard in R3, R4 or commercial zones or in accordance with the terms of an approved development agreement.

B&Bs are permitted in any commercial zone, but are not permitted in the public facilities zone.

Operating Criteria. Bed and breakfast inns and urban inns shall comply with the following operating requirements:

Owner-Occupied. The owner and/or operator/manager shall reside on site. Owner and/or operator/manager units shall not be counted as guest units for the purposes of determining occupancy.

Food Service. Food service shall be limited to registered inn guests only. No restaurant shall be permitted in any B&B or urban inn.

Special Events. No amplified music, lawn parties, outdoor weddings or similar activities are permitted unless expressly allowed as part of the conditional use permit (or, if in a designated cultural resource, as part of the rehabilitation incentive approval) and in either event only with a valid temporary event permit.

Development and Performance Standards. B&Bs and urban inns shall comply with the following requirements.

Appearance. The exterior appearance of the structure shall be compatible with residential structures already constructed or under construction within the immediate residential neighborhood. Each inn shall maintain a residential architectural character.

Height. No inn shall be more than 45 feet in height and in no event shall have more than two occupiable stories or as established by the terms of an approved development agreement.

Designated Status. In order for the inn to be considered a designated cultural resource, the primary structures on each lot used by the inn shall be designated cultural resources. New construction shall only be permitted as part of a conversion, all construction shall meet Secretary of Interior standards and applicable state and local cultural resource regulations and all construction shall be consistent with the overall character of the building.

Parking. Parking shall be provided in compliance with Section 19.28.040(E) and Table 3-6, and all of the following shall apply:

Tandem parking may be used to meet the parking requirement.

Off-site parking may be used to meet the parking requirement, subject to a parking use permit.

Required parking need not be covered, but must be clearly marked and unobtrusive to neighboring residents.

No parking shall be permitted within the front yard setback.

Bed and Breakfast Specific Standards.

Density and Size. Each B&B shall be limited to a maximum of 20 guest units and shall occupy a maximum of two lots. If a B&B occupies two lots, the lots shall be adjoining. In no event shall the permitted density exceed the greater of:

The density permitted in the underlying zoning; or

For a historic building, the density existing at the time the rehabilitation incentive application is filed.

Common Areas. Each B&B is recommended to include common areas.

Urban Inn Standards.

Size. Each urban inn shall be limited to a maximum of 40 guest units and shall occupy a maximum of four lots. In no event shall the permitted density exceed the greater of:

The density permitted in the underlying zoning; or

For a designated cultural resource building, the density existing at the time the rehabilitation incentive application is filed. If an urban inn occupies more than one lot, the lots may be non-adjoining with the discretion of the Planning Commission.

Number. A maximum of two urban inns in designated cultural resource buildings shall be allowed in the city. Once the maximum number of urban inns exists, no new urban inns shall be allowed unless an existing urban inn is first discontinued.

Common Areas. Each urban inn shall include common areas occupying an area no less than 10 percent of the gross building area for the urban inn or as established by the terms of an approved development agreement.

(Ord. 01-594 § 2, 2001; Ord. 12-902 §§ 8 – 11, 2012; Ord. 19-1058 § 129, 2019)

Location Criteria. An adult-use retail establishment shall be located in compliance with the following requirements:

The adult-use retail establishment shall not be located within a 600-foot radius of a daycare facility, youth center, or school that is located within or outside the city in compliance with state law. For the purposes of this requirement, "school" shall mean any property containing a structure which is used for education or instruction, whether public or private, at grade levels kindergarten through 12.

No more than eight adult-use retail establishments shall be permitted to operate in the city at any time. An application for a new adult-use retail establishment shall not be approved unless there are fewer than eight adult-use retail establishments operating or approved in the city at the time of approval.

(Ord. 17-1016 § 12, 2017)

Location Criteria. A cannabis consumption area shall be located in compliance with the following requirements:

The consumption area shall not be located within a 600-foot radius of a daycare facility, youth center, or school that is located within or outside the city in compliance with state law. For the purposes of this requirement, "school" shall mean any property containing a structure which is used for education or instruction, whether public or private, at grade levels kindergarten through 12.

The consumption area shall be restricted to persons 21 years or older and shall not be visible from any public place or a non-age restricted area.

The consumption area may be co-located with an adult-use retail or a medical-use dispensary location pursuant to local and state regulations.

No more than eight consumption areas with smoking, vaping, and ingestion of edible cannabis products and no more than eight consumption areas limited to the ingestion of cannabis products only are permitted to operate in the city at any time. An application for a new consumption area shall not be approved unless there are fewer than eight consumption areas with smoking, vaping, and ingestion of cannabis products or eight consumption areas with ingestion of edible cannabis products only operating or approved in the city at the time of approval.

All cannabis consumption areas that allow smoking and vaping of cannabis shall comply with Section 7.08.030 Smoking Regulations of the municipal code.

No sales of tobacco products or smoking or ingesting of tobacco (i.e. chewing tobacco) shall be allowed in a cannabis consumption area.

No alcoholic beverage sales or ingestion of alcohol products shall be allowed in a cannabis consumption area.

(Ord. 17-1016 § 13, 2017)

Location Criteria. A cannabis medical-use dispensary shall be located in compliance with the following requirements:

The medical-use dispensary shall not be located within a 600-foot radius of daycare facility, youth center, or school that is located within or outside the city in compliance with state law. For the purposes of this requirement, "school" shall mean any property containing a structure which is used for education or instruction, whether public or private, at grade levels kindergarten through 12.

No more than eight cannabis medical-use dispensaries shall be permitted to operate in the city at any time. An application for a new medical-use dispensary shall not be approved unless there are fewer than eight medical-use dispensaries operating or approved in the city at the time of approval.

(Ord. 17-1016 § 14, 2017)

Site Planning and Design Standards. Common interest developments and airspace subdivisions shall comply with this section, the requirements of the applicable zoning district in Article 19-2 (Zoning Districts and Allowable Land Uses) of this Zoning Ordinance, and:

Residential common interest developments and the residential portion of airspace subdivisions shall also comply with the provisions of Section 19.36.280 (Residential Uses – Multi-Family Dwellings); and

Non-residential common interest developments and the non-residential portion of airspace subdivisions shall also comply with Section 19.10.060 (Commercial Building Façade Standards) where applicable, and any provision of this chapter applicable to the specific non-residential use proposed.

Residential Projects – Conditions, Covenants, and Restrictions (CC&Rs). To achieve the purposes of this section, the declarations of conditions, covenants, and restrictions (CC&Rs) or other applicable documents relating to the management of common area and facilities shall be subject to approval by the Planning and Development Services Director and the City Attorney. In addition to the CC&Rs that may be required by the California Department of Real Estate in compliance with Title 6 of Part IV of Division II of the Civil Code or other state laws or policies, the declaration, proprietary lease, cooperative housing corporation bylaws, or other similar document shall provide for the following, none of which, after acceptance in final form by the Planning and Development Services Director, shall be amended, changed, or modified without first obtaining the written consent of the Planning and Development Services Director.

Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas including an atrium, balcony, deck, private patio, or solarium required by Section 19.36.280 (Residential Uses – Multi-Family Dwellings), and any integral portion of those spaces that may exceed the minimum area requirements, shall be available for the exclusive use of its respective unit as described and recorded in the recorded map, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be assigned, conveyed, or leased as an integral part of the dwelling unit.

Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas including the private storage space required by Section 19.36.280 (Residential Uses – Multi-Family Dwellings) shall be available for the exclusive use of its respective unit as described and recorded in the recorded map, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be assigned, conveyed, or leased as an integral part of the dwelling unit.

Maintenance. The CC&Rs and other management documents shall contain a provision establishing the obligation and duty of the governing body of the project to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this Code and all other applicable laws, regulations, and standards.

Assessment for Maintenance of Common Areas and Facilities. In order to protect the public health, safety, and welfare, provisions shall be made both for annual assessments for maintenance and for capital improvements.

Utility Easements Over Private Streets and Other Areas. The Planning Commission may require public utility easements adjacent to public streets or over other portions of the project to accommodate electrical lines, fire hydrants, sanitary sewers, storm drainage, street furniture, water and gas mains and meters, and similar urban infrastructure. The Planning Commission may also require access routes necessary to ensure that firefighting equipment can reach and operate efficiently in all areas of the project.

Limitation on Exterior Changes. The CC&Rs shall include a provision stating that the association or individual owners or occupants of units in the development shall not, without the written approval of the Planning and Development Services Director cause, permit or approve any material additions, alterations, or changes to the exterior of the development, or reduce or fail to maintain assessments for the maintenance and upkeep of the exterior of the development.

Authorization for Governmental Access and Enforcement. The CC&Rs shall include the following provisions in addition to those identified above in this section.

A provision stating that the city, county, state and federal government, and any authorized agency, bureau, or department shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times for the purpose of preserving the public health, safety, and welfare except in those instances where a common area is accessible only through a private unit. Notice of the right of government agency access shall be prominently displayed in the common areas of the project;

A provision stating that authorized city representatives shall have the right to enter the development for the purpose of performing required maintenance and repairs in the event the association fails to do so, and for correcting or abating any nuisance or violation of state law or the municipal code, in compliance with Chapter 1.32 of the municipal code;

A written procedure for the reimbursement of costs incurred by the city in performing any of the acts authorized by this section or the CC&Rs;

A provision stating that the city shall have the right to enforce the provisions contained in the CC&Rs as a third-party beneficiary to them, or in connection with the maintenance, repair, or utilization of any easement or other property rights held by the city, either on, appurtenant to, or nearby the project;

A provision stating that the city shall be entitled to an award of reasonable legal expenses in any action to enforce the provisions of this section or the Conditions, Covenants, and Restrictions; and

Any other provisions which the Planning and Development Services Director and City Attorney determine are necessary and reasonable for ensuring compliance with the provisions of the municipal code or the conditions of approval of the project.

Amendment of the CC&Rs or Other Management Document. An amendment to the CC&Rs or other management documents that would amend, delete, modify, or otherwise affect any provision required by this section shall require the prior written approval of the Planning and Development Services Director. To that end, the amendment shall not be effective unless:

The text of the amendment shall have been submitted to the city 60 days before its adoption by the owners;

The city has either approved the amendment or failed to disapprove it within the 60-day period; and

The recorded or other instrument effecting the amendment shall recite that it was submitted and approved or not disapproved in compliance with this subsection.

Partition and Sale of Condominiums and Community Apartments. One or more of the project owners may initiate the partition (or the dissolution of the cooperative housing corporation) by sale of the entire project as if the owners of all units in the project were tenants in common in the entire project, in the same proportion as the interests in the common areas or in the stock or members of the cooperative housing corporation. However, a partition shall be made only upon a showing of the existence of one or more of the conditions identified in state law (Civil Code Section 1354), or that:

Two years after damage or destruction to the project which renders a material part unfit for its use, the project has not been rebuilt or repaired substantially to its former condition before its damage or destruction;

One-half or more of the project has been destroyed or substantially damaged and owners holding in aggregate more than 50 percent interest in the common area or the cooperative housing are opposed to repair or restoration of the project; or

The structure has existed for more than the number of years shown in Table 3-14, and is obsolete and uneconomic, and the percentage of owners shown in Table 3-14 holding in aggregate a percentage interest in the common areas or cooperative housing corporation, are opposed to the repair or restoration of the project.

TABLE 3-14 CRITERIA FOR PARTITION OR SALE
Age of Structure	Percentage of Interest Held by Owners
30 years	70 percent
40 years	60 percent
50 years	50 percent
60 years	40 percent
70 years	30 percent

10.

Use as a Dwelling. The CC&Rs and other management documents shall contain a provision as follows: "Dwelling units within the property are intended to be used as domiciles for long-term occupancy, as reflected by the definition of "dwelling unit" in Section 19.90.020. As such, no dwelling unit shall be used as corporate housing or short-term vacation rental.

Residential Projects – Conversion of Rental Housing. A proposed conversion of rental housing to a common interest development or airspace subdivision shall comply with the following requirements, and those in Section 19.36.290 (Residential Uses – Rental Unit Conversions).

Compliance with Design Standards. The structure proposed for conversion shall comply or be found by the Planning Commission to substantially comply with the provisions of Section 19.36.280 (Residential Uses – Multi-Family Dwellings). Conditions may be imposed to ensure that the project is as nearly in compliance with those provisions as feasible. The provisions of this subsection shall not apply to a conversion initiated and carried out by a local government agency or non-profit organization for the purpose of providing, maintaining, or developing housing for senior citizens or persons of low and moderate income.

Right of First Refusal. All tenants occupying a unit which has been approved for conversion in accordance with applicable law shall have a nontransferable right of first refusal to purchase the occupied unit at the same or better terms than those offered to the general public. The right of first refusal shall be effective for a period of not less than 90 days from the date of issuance of the subdivision public report from the Real Estate Commissioner pursuant to Section 11018.2 of the Business and Professions Code. The tenant shall exercise the right of first refusal by signing an agreement or a deposit receipt setting forth the terms of sale.

Eviction. No tenant shall be evicted from any rental unit in an approved conversion except in compliance with the city's Rent Stabilization Ordinance.

Pest Control Report. The applicant shall cause a pest control report and notice of completion for the structure by a licensed pest control contractor.

Parking. The project shall provide off-street parking in compliance with the requirements of Chapter 19.28 (Off-Street Parking and Loading Standards) for new multifamily projects, provided that the Planning Commission may exempt conversions approved in compliance with subsection (C)(1) from the requirements of this subsection. The provisions of this subsection shall not apply to a conversion initiated and carried out by a local governmental agency or non-profit organization for the purpose of providing, maintaining, or developing housing for senior citizens or persons of low and moderate income.

Airspace Subdivisions.

Airspace subdivisions are permitted for mixed-use projects within commercial zoning districts, and may include adjacent residentially zoned parcels that are a part of the mixed use project.

Legal agreements recorded with the airspace subdivision shall define how the lots, common spaces, ingress, egress, parking, and uses will function once individual components are sold. Airspace lots shall have access to appropriate public rights-of-way, common spaces, ingress, egress, parking and other areas available for common use by means of one or more easements. Airspace subdivisions shall comply with subsection B and Section 20.04.055 by use of CC&Rs or substantially equivalent management documents, subject to approval of the Planning and Development Services Director and the City Attorney, and recorded on the property. The residential and non-residential components may utilize separate management documents provided that the legal agreements recorded with the subdivision define how the lots, common spaces, ingress, egress, parking, uses and easements will function once individual components are sold, to the satisfaction of the Planning and Development Services Director and City Attorney.

Minimum lot sizes, lot dimensions, and lot area requirements shall not apply to the separate air space lots. Parking requirements, setback requirements, building density, floor area ratio, and associated property development standards shall not apply to the individual air space lots, but shall be applied as if all lots, buildings, or structures in the airspace subdivision were merged into the same lot, building or structure.

(Ord. 01-594 § 2, 2001; Ord. 06-734 § 7 (Att. B), 2006; Ord. 12-897 §§ 6 – 9, 2012; Ord. 17-999 § 9, 2017; Ord. 19-1058 §§ 130 – 135, 2019)

General Standards. All congregate care and senior residential projects are subject to the following standards.

Incentives for Senior Projects.

Density Bonus. To encourage the development of senior residential projects with the features preferred by the city, the review authority may grant incentives in compliance with Table 3-15, in the form of increased project density and reduced off-street parking requirements, in return for the project's providing the preferred features. In order for a project to qualify for the incentives in Table 3-15, the review authority shall first determine that the project will:

(1)

Also comply with all other applicable provisions of this section; and

(2)

Create impacts on surrounding properties and neighborhoods that are no more significant than would be caused by standard multi-family rental projects.

(3)

Senior residential projects shall include the following when a density bonus or parking reduction is proposed:

(a)

A minimum of five percent of the total indoor floor area shall be devoted to educational, recreational, and social facilities (e.g., library, multipurpose common room, recreation room, TV room); and

(b)

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units.

TABLE 3-15 SENIOR RESIDENTIAL PROJECT DENSITY BONUS AND PARKING REDUCTION CRITERIA
If all dwelling units are within, or have available	Density Bonus Allowed¹	Parking Reduction Allowed
Within 750 feet of transit stop or directly served by public transit.	—	10%
Provide private transit vehicle.	—	25%
Within 1,000 feet of an existing neighborhood or community park or public recreation facility.	10%	—
Drug and sundry store, beauty parlor and barber shop for use of residents only.	20%	10%
On-site outdoor recreation facilities (e.g., parks, community gardens, pools, tennis courts) at a minimum of 10% of gross floor area.	10%	—
Maximum density bonus and parking reduction allowed.	40%; 50% if in compliance with Chapter 19.22²	45%

Notes:
(1)	A density bonus is a density increase over the otherwise maximum number of residential units allowed under existing zoning or the General Plan provisions, whichever is more restrictive.
	Example:
	Current Zoning: R3 (allows 1 dwelling unit for each 1,210 sq. ft. of site area) Maximum density increase allowed: 40 percent
	For a 20,000 sq. ft. site, 20,000 / 1,210 = 16.52 units. 16.52 units x 1.4 = 23.13 = 23 units.
(2)	The affordable housing bonus allowed by Chapter 19.22 (Affordable Housing Requirements and Incentives) may allow a total density bonus of 50 percent.

Height Increase. If the application contains a request to increase the height of a senior residential project to accommodate increased density, the project shall incorporate the following features:

(1)

Twenty-five percent or more of the units in the project shall be reserved for persons of low- and moderate-income;

(2)

The increased density shall not result in an over-concentration of low-income housing in any specific neighborhood;

(3)

The proposed project shall not negatively affect the character or architectural or historical integrity of an existing structure or neighborhood in which it is proposed; and

(4)

The proposed project shall not adversely affect the city's stock of affordable housing.

Minimum Age of Residents. Residents shall be 55 years of age or older. In the case of married or cohabiting couples, at least one occupant shall be at least 55, or otherwise qualify for congregate care.

Project Changes. If a senior residential project approved in compliance with this section is changed to another use (for example, the project converts to a conventional unrestricted multi-family project), the project shall be modified to meet all applicable standards of this Zoning Ordinance.

Senior Apartments and Independent Living Centers. Senior apartments and independent living centers are multi-family residential projects reserved for senior citizens, where common facilities may be provided (e.g., recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.

General Design Standards. Senior apartments and independent living centers shall comply with the provisions of Section 19.36.280 (Residential Uses - Multi-Family Dwellings), except as otherwise provided by this section.

Off-Street Parking. Off-street parking shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards), with any modifications granted in compliance with subsection (A)(1). The review authority may restrict the total number of resident cars to be parked on-site or designate specified on-site parking spaces for employee or visitor parking only.

Additional Uses. Additional facilities, including skilled nursing or intermediate care facilities, and personal services (e.g., beauty salon, physical therapy) may be allowed through conditional use permit approval (Chapter 19.52), without requiring additional parking, provided that these facilities shall only be for the private use of project residents.

Senior Congregate Care Housing Facilities. Senior congregate care housing facilities are multi-family residential projects reserved for senior citizens, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation.

Allowable Density. The maximum density shall not exceed the density allowed by the applicable zoning district and General Plan land use designation. A density bonus may be granted in compliance with Table 3-15.

Access, Safety, and Security Features Required.

Disabled Access. The main entrance to the facility, common areas, and all living units shall provide disabled access in compliance with applicable state and federal requirements;

Safety Equipment. Indoor common areas and living units shall be provided with necessary safety equipment (e.g., safety bars), as well as emergency signal and intercom systems, subject to the approval of the Planning and Development Services Director;

Security Lighting. Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood, in compliance with 19.20.100 (Outdoor Lighting); and

Project Security. The entire project shall be designed to provide maximum security for residents, guests, and employees.

Common Facilities.

Entertainment, Recreational, and Social Activity Areas. Common indoor entertainment, recreational, and social activity areas of a number, size, and scale consistent with the number of living units shall be provided.

Optional Facilities. The project may provide one or more of the following specific common facilities for the exclusive use of the residents:

(1)

Beauty and barber shop;

(2)

Central cooking and dining rooms (may also be used by guests);

(3)

Exercise rooms; and

(4)

Small scale drug store or medical facility (not exceeding 850 square feet).

Off-Street Parking. Off-street parking shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards), with any modifications granted in compliance with subsection (A)(1).

The review authority may restrict the total number of resident cars to be parked on-site or designate specified on-site parking spaces for employee or visitor parking only.

Adequate and suitably striped or marked paved areas for shuttle parking shall be provided, where applicable. Shaded and protected waiting areas shall be provided adjacent to the shuttle stops.

Transit Facilities.

A bus loading zone and shelter along the public street frontage shall be provided if the facility is on an established bus route; and

Facilities with 50 or more dwelling units shall provide private dial-a-ride transportation shuttles, with the exact number and schedule to be determined by the review authority.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 136, 2019)

The establishment of new drive-in or drive-through facilities is prohibited within the city because these facilities create problems of noise, air pollution, excessive pavement, traffic congestion, litter, unsightliness, and the inefficient use of energy resources.

(Ord. 01-594 § 2, 2001)

Emergency shelters are allowed by right in the designated area when, on the date that the complete management plan as required in subsection D is submitted to the city, the number of existing shelter beds is fewer than the most recent annual count conducted by the city of homeless persons residing within the city.

If the demonstrated need as defined in subsection A has been met, additional emergency shelters require a Conditional Use Permit.xs The determination required by this subsection shall occur on the date the operator submits the materials required by subsection D.

Standards for Emergency Shelters. Emergency shelters shall be subject to the following standards:

The minimum floor area per shelter occupant shall be at least 150 square feet and the maximum number of occupants to be served at any given time shall not exceed 50.

A minimum distance of 300 feet shall be maintained from any other emergency shelter.

The maximum stay at the facility shall not exceed 180 total days in a 365-day period.

On-site client waiting and intake areas shall be located inside the building and shall be screened from public and private property where feasible. If not feasible, an exterior waiting area shall be provided which: (a) contains a minimum of 10 square feet per bed provided at the facility; (b) shall be in a location not adjacent to the public right-of-way; and (c) shall be visibly separated from public view by a minimum six-foot tall visual screening.

Hours of intake shall be between the hours of 5:00 p.m. to 9:00 p.m.. Overnight occupants shall not be permitted to leave the facility on foot before 7:00 a.m. the following morning.

A minimum of one employee per 15 beds, in addition to security personnel, shall be on duty and remain on-site during operational hours whenever occupants are on the site.

Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility.

Exterior lighting shall be provided for the entire outdoor area of the site. Exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and be of an intensity compatible with the neighborhood and the regulations in this Code.

Parking shall be provided as set forth in Chapter 19.28 of this Code.

10.

The shelter may provide the following services and facilities to occupants in a designated area separate from the sleeping areas:

A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view.

A counseling center for job placement, educational, health care, legal, or mental health services.

Laundry facilities to serve the number of occupants at the shelter.

Kitchen for the preparation of meals.

Dining hall.

Client storage areas (i.e., for the overnight storage of bicycles and personal items).

Similar services supporting the needs of homeless occupants.

11.

The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and determination of compliance with the city's development standards for the use.

12.

The operator shall maintain a shelter management plan that addresses hours of operation, admission hours and process, staff training, neighborhood outreach and privacy, security, resident counseling and treatment. The management plan is subject to approval by the Planning and Development Services Director prior to issuance of Certificate of Occupancy.

13.

Operation of vehicles to transport residents shall not generate vehicular traffic substantially greater than normally generated by residential activities in surrounding areas.

14.

Deliveries of goods to the shelter shall only be made within hours that are allowed with this Code and at times that will not adversely affect surrounding properties.

15.

The facility shall not generate noise or lighting at levels adversely affecting surrounding properties.

16.

Professional and on-site management, with experience managing emergency shelters, shall be provided at all times.

The proposed shelter operator shall demonstrate compliance with the requirements of subsection C by providing the Planning and Development Services Director with a shelter management plan. The shelter management plan shall consist of a written description of the characteristics of the planned shelter along with preliminary plans for the existing or proposed shelter facility, including parking. The submission shall include sufficient detail for the Planning and Development Services Director to assess whether the proposed shelter will satisfy the requirements set forth in subsection C. Within 30 days of receiving a complete application, the Planning and Development Services Director shall inform the proposed operator whether the submission satisfies subsection C. The review shall be ministerial and any approval shall not include conditions. If the Planning and Development Services Director determines the proposed emergency shelter fails to satisfy the requirements of subsection C, the proposed operator shall be informed in writing of the conclusion, the reasons for the conclusion, and the facts on which the conclusion was based.

Any emergency shelter must operate in accordance with the terms of the shelter management plan approved by the Planning and Development Services Director, this Code, and the approved Conditional Use Permit, if applicable.

Nothing in this section, or approval of any Conditional Use Permit or shelter management plan, shall relieve a proposed operator from the obligation to satisfy all applicable building, zoning, environmental and other laws, regulations or ordinances that may otherwise apply to the construction, location, or operation of the emergency shelter.

(Ord. 13-914 § 5, 2013; Ord. 19-1058 §§ 137, 138, 2019)

No establishment that offers firearms for sale shall be located within 1,000 feet of any other establishment that offers firearms for sale, either within or outside the city.

(Ord. 01-594 § 2, 2001)

This section provides for residents operating businesses in their homes, provided that the businesses do not negatively impact the residential character and the peaceful enjoyment of property by other residents of the street on which they are located. All home businesses shall operate in compliance with this section.

Limitations on Use. The following are examples of business activities that are allowed as home occupations within a residential primary use that is the principal residence of the business owner, and uses that are not allowed as home occupations.

Allowed Home Businesses. The following uses may be approved by the Planning and Development Services Director in compliance with this section:

Art and craft work (ceramics, painting, photography, sculpture);

Clothing production, sewing;

Computer and telecommunications-based services, including information processing and telemarketing;

Individual instruction and counseling, including music lessons for individual pupils, tutoring, and counseling;

Office-type uses, including an office for an architect, attorney, consultant, insurance agent, musician, planner, technical advisor, or writer;

Cottage food operations;

Any other use that may, as determined by the Planning and Development Services Director, be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood.

Prohibited Home Business Uses. The following are examples of uses that are not incidental to or compatible with residential activities and are, therefore, prohibited as home occupations:

Adult businesses;

Animal hospitals or the harboring, raising, training, or treatment of animals or birds for commercial purposes. This prohibition does not preclude the occasional sale of a litter of puppies or kittens;

Beauty shops and barber shops;

Catering;

Dance or night clubs;

Massage therapy;

Medical and dental offices, clinics, and laboratories (not including counselors and psychotherapists);

Personal self-storage (mini storage);

Retail sales, except for artist's originals or products individually made-to-order on the premises;

Storage of equipment, materials, and other accessories for the construction and service trades;

Vehicle repair (body or mechanical, including boats and recreational vehicles), upholstery, automobile detailing and painting, and the display for sale of any vehicle;

Welding, machining, or manufacturing; and

Any other use, as determined by the Planning and Development Services Director not to be incidental to or compatible with residential activities.

Permit Requirements.

Administrative Permit. Administrative permit approval is required for home businesses that will involve client visits. Home businesses without client visitation are exempt from permit requirements, except as provided by subsection (B)(2).

Business Tax Certificate Required. A business tax certificate shall be obtained in compliance with Chapter 3.36 of this code, for all home businesses.

Operating Standards. Home businesses shall comply with all of the following operating standards.

Accessory Use Only, Principal Residence. The home business shall be clearly secondary to the full-time use of the structure as a residence, and shall be the principal residence of the business owner.

Activities, Equipment, and Materials. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not involve the storage of flammable, explosive, or hazardous materials. No use shall create noise, dust, light, vibration, odor, gas, fumes, toxic or hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances.

Exterior Evidence of Use. The use shall not require any modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties. There shall be no window display, advertising sign, or other identification of the home business on the premises.

Limitation on Employees. The home business shall employ only the full-time residents of the housing unit; provided that two additional employees may be allowed on the premises between the hours of 8:00 a.m. and 8:00 p.m. This limitation applies only to employees of the home business and does not regulate the use of housekeeping, gardening, child care, and cooking personnel which are unrelated to the home business.

Limitation on Clients. No customer or client visits to the site of a home business shall be permitted unless authorized through the approval of an administrative permit. The administrative permit shall specify hours and other restrictions on client visitation and any other conditions deemed necessary to meet the intent of this section.

Location of Home Business. All home business activities shall occur entirely within an enclosed structure, but shall not be allowed in a trailer or other temporary structure. Illegally converted structures and garages shall not be used for home businesses. The home business shall not occupy more than one room of a dwelling unit.

Vehicles, Traffic. Vehicles used and traffic generated by the home business shall not exceed the type of vehicles and traffic volume normally generated by a home in a residential neighborhood.

(Ord. 01-594 § 2, 2001; Ord. 14-940 § 25, 2014; Ord. 18-1041 §§ 11, 12, 2018; Ord. 19-1058 §§ 139, 140, 2019)

Residential Zoning Districts.

Nonconforming Facilities. Hotels that are legally existing at the time of the adoption of this Zoning Ordinance may continue to operate legally existing facilities that are customarily incidental to the operations of the hotel (e.g., commercial service concessions, communal eating facilities, and communal entertainment facilities) provided that:

The facilities are designed and operated exclusively for the convenience of the hotel or motel guests and are no more extensive than is necessary to service the hotel or motel;

All public entrances to the facilities are from a lobby, hallway, or other interior portion of the hotel or motel; and

The facilities and signs advertising or identifying the facilities shall not be visible from outside the hotel or motel.

Expansion. The expansion of an existing hotel is allowable, provided that:

The expansion has an architectural profile and landscaping that conveys a residential character and complements neighboring residential structures, in compliance with the city's Residential Design Guidelines;

Hotel height and density shall be consistent with the underlying residential zoning district;

Hotel access shall be designed to not disrupt neighboring residential areas; and

The hotel complies with all applicable provisions of subsection (A)(1), above.

Intensification of Ancillary Facilities. Ancillary facilities in existing hotels may be authorized through conditional use permit approval (Chapter 19.52) to be open to the general public, or to offer catering and food services to other than hotel guests, subject to the following standards.

The proposed intensification shall not be detrimental to the residential environment in the immediate neighborhood.

Off-street parking and loading facilities and public access to the hotel, in compliance with Chapter 19.28 (Off-Street Parking and Loading Standards), shall be provided to ensure that the intensification of use would not cause a serious adverse impact on adjacent on-street parking and traffic.

The intensification of use shall be limited in hours of operation, or designed and operated to avoid disruption of neighboring residents' sleep.

The location and design of the ancillary facility shall ensure that the intensification of use would not significantly impact neighboring residents, including measures to prohibit patrons queuing outside of the hotel or gathering in any outdoor areas which may affect any residential neighbors.

Commercial Zoning Districts.

Site Planning.

The primary presence along the major public street frontage shall be the structure and driveway approach, not the parking area.

The façade shall enhance the pedestrian environment of the street, and include pedestrian amenities.

Delivery and loading areas shall be screened from and shall not be disruptive to neighboring residential uses.

Mechanical equipment of all types, (e.g., swimming pool equipment) shall be located to ensure that the resulting noise would not be heard at any adjacent residential property line.

Recreational facilities (e.g., swimming pools) shall be located where guests may use them in some privacy.

Driveways, garage ramps, or loading and service areas shall not be located where they interfere with the flow of pedestrian movement or impact the privacy of the guest rooms.

Structure Design Requirements.

Hotels and motels are quasi-residential uses and shall be designed and sited to minimize the effect of noise from neighboring commercial activities. Noise attenuation techniques shall be included in the design of structures near major noise generators (e.g., major streets), in compliance with Municipal Code Chapter 9.08 (Noise) for the subject zoning district.

Balcony, stairway, and walkway railings and other similar details shall be visually substantial and stylistically compatible with the basic design of the structure.

Air conditioning units shall not project forward from walls and the face grill or covering shall be integral and architecturally compatible with the building.

Multi-story structures which provide guest room access from exterior corridors shall incorporate massing, detailing, and composition features in corridor design to avoid monotonous repetition.

(Ord. 01-594 § 2, 2001)

Review Requirement. Kiosks or a kiosk program for multiple kiosks shall require approval of an administrative permit and shall be developed in compliance with an approved site plan, elevations, and materials board. The materials board shall include specifications for any security panels.

Location Requirements. Kiosks shall be:

On private property in commercial zones per Table 2-5 of the Commercial Use Chart.

In multi-tenant projects of greater than 20,000 commercial square feet with outdoor spaces of greater than 1,000 square feet.

If a kiosk is proposed within 10 feet of the public right-of-way, the applicant must have the site plan reviewed and approved by the City Engineer.

Located in a manner that allows for proper handicap access around the entire kiosk area.

Kiosks shall be stationary in an area designated by the approved site plan.

Kiosks shall be placed in areas that do not negatively impact pedestrian views required by the Sunset Specific Plan.

Architectural Design. All construction and modifications to the kiosks shall:

Require review by the Planning and Development Services Director to ensure high quality and consistent design, compatible with the architectural character of the project.

Be limited in size to no more than nine feet high (including all projections) by four feet wide by seven feet wide.

Parking. There shall be no off-street parking required for this use per Section 19.28.040.

Trash Disposal. Each kiosk shall provide a receptacle sufficient in size to accommodate trash and any smoking materials (where applicable) discarded by users of the kiosk or be provided receptacles in designated areas by the management of the property where the kiosk(s) are located.

Lighting. Each kiosk shall be provided with lighting in compliance with Section 19.20.100. (Outdoor Lighting) or state law, whichever is most restrictive.

Signs. Each kiosk may provide signage of less than three square feet in size that shall be permitted on two sides of the kiosk that is exempt from the sign permit per Section 19.34.110(C). Kiosk signage may be provided on the roof or at the roof line. All other signage that does not meet this dimension requires issuance of a sign permit.

Noise. No music or amplified noise shall be permitted to emit from the kiosk.

Location of Merchandise. All items for sale shall be stored and displayed on the kiosk only. No ancillary shelving units for display or storage may be placed adjacent to the kiosk. Each side of the kiosk must have items for display and sale.

Business Tax Certificate. Each business operator of a kiosk shall obtain a West Hollywood Business Tax Certificate.

Food Sales. Any kiosk supplying food for sale shall obtain proper Health Department licensing.

Business Licensing. Any kiosk engaging in a business that requires a City of West Hollywood business license, such as the sale of food must also obtain that license prior to operation of the kiosk.

Building Permits Required. Kiosks must obtain any applicable building permits.

Outdoor Dining. Any outdoor seating accessory to a food kiosk(s) shall meet the requirements of Section 19.36.210 (Outdoor Dining).

Power Supply. Permanent power outlet must be provided at each designated kiosk location. Exposed conduit, suspended power cords, or ground mounted cords are not permitted.

Abandonment. Kiosks vacant for a period of more than three months shall be removed.

Security. A security plan must be submitted for review by the Public Safety Division and West Hollywood Sheriffs Department. The plan shall include proposed lighting, alarm system or gate system to secure the kiosk(s) and any additional items deemed appropriate by the review authority.

(Ord. 04-677 § 4, 2004; Ord. 19-1058 § 141, 2019)

Applicability. The provisions of this section apply to live/work units where allowed by Article 19-2 in non-residential and residential zoning districts. The intent of this section is to provide for and make feasible the creation of alternative work space that will provide an incentive for entrepreneurs, business owners, artists, artisans, architects, designers and other individuals to continue to work in West Hollywood and contribute to the city's economy.

Design Standards. Live/work units shall comply with the following standards:

Floor Area Requirements. The total floor area of a live/work unit shall be at least 750 square feet and must comply with the building and safety requirements specified in the California Building Code.

A minimum of 10 percent or 150 square feet (whichever is greater) and maximum of 50 percent of the gross floor area of a live/work unit must be designated as non-residential space and regularly used for work activities.

Access to Units. Where more than one live/work unit is proposed within a single building, each live/work unit shall be separated from other live/work units and other uses in the building. Access to each unit shall be clearly identified to provide for emergency services.

Internal Layout. All living space within the live/work unit shall be contiguous with and an integral part of the working space, with direct access between the two areas.

Street Frontage Treatment. Each live/work unit shall have commercial use on the ground floor of the structure. Each live/work unit on the ground floor shall have a pedestrian oriented frontage that publicly displays the commercial use on the interior of the structure.

Occupancy and Employees. At least one of the full-time workers of the live/work unit shall reside in the unit. The residential area shall not be rented separately from the working space. The business activity occupying the live/work unit may utilize employees in addition to residents as necessary.

Retail Sales. Retail space may be integrated with working space.

Business Tax Certificate Required. A business tax certificate shall be obtained in compliance with Chapter 3.36 of this Code, for business activities conducted within the live/work unit.

(Ord. 01-594 § 2, 2001; Ord. 18-1022 § 15, 2018; Ord. 18-1041 § 8, 2018)

Mixed-Use Projects that Span Both Residential and Commercial Zoning Districts. A proposal to consolidate abutting residential and commercial parcels into a unified mixed-use project shall comply with the following standards.

Minimum Site Area. The proposed parcels shall contain a minimum aggregate area of 50,000 square feet.

Zoning District Limitations. Each residential parcel included in the project shall be designated within the R3 or R4 zoning districts.

Density. The residential density of the residentially zoned portion of the project shall not exceed that allowed by the applicable residential zoning district.

Ground Floor Uses. The portions of the ground floor of a mixed-use project adjacent to a public street frontage shall be used as follows:

Commercial Frontage. Residential uses shall not be located within 50 feet of the site street frontage within a commercial zoning district; and

Residential Frontage. Only residential uses shall be developed along the site street frontage within a residential zoning district.

Existing Alleys. Existing alleys shall be retained within the project unless the review authority determines that the alleys are not needed for loading or circulation.

Design Standards. A proposed mixed-use project shall be designed and constructed to:

Be compatible with and complement adjacent land uses;

Maintain the scale and character of development in the immediate neighborhood;

Maintain or increase the existing number of residential units generally and specifically those for seniors and low- and moderate-income households; and

Mitigate glare, light, noise, traffic, and other potential environmental impacts to the maximum extent feasible.

Be consistent with the goals and objectives of the Climate Action Plan.

Loss of Neighborhood Commercial Uses. The project shall not reduce the existing supply of commercial land uses serving the immediate residential neighborhood.

Development as Separate Sites. The residential and commercially zoned portions of the site shall be developed as separate sites, in compliance with the requirements of the applicable district, including density, setbacks, height, and other applicable development standards, except that subterranean parking may be constructed as connected floor plates with no setbacks between district or parcel boundaries.

Canopy Trees. Canopy trees shall be provided in accordance with the tree standards in Section 19.20.055 of this Code. In addition, in commercial zoning districts adjacent to residential zoning districts, or for projects spanning both commercial and residential zoning districts, one canopy tree shall also be provided for every 600 square feet of required residential and commercial rear yard setback area. Required canopy trees shall be planted in native soil at ground level, not on top of subterranean parking garages or other occupied spaces, within the required rear setback area, and in a location deemed suitable by a qualified tree expert.

10.

Driveways. The driveways shall be designed and located to minimize impacts to the adjacent residential neighborhood.

Mixed-Use Projects in Commercial Zoning Districts. A proposal to construct a new mixed-use project within a commercial zoning district shall comply with the following standards:

Density. The allowable density of the project for both commercial and residential uses shall be based on the allowable FAR and any bonuses or incentives that are approved.

Location of Uses. Commercial and residential uses within a mixed-use project shall be fully separated, with residential units limited to the rear portion of the first story, or on the second and higher stories.

Residential Parking. All parking spaces required for the residential use shall be provided on-site. Parking spaces to serve the residential units shall be specifically designated and shall be reserved for the exclusive use of the residents.

Existing Alleys. Existing alleys shall be retained within the project.

Open Space Requirements. Mixed-use projects shall meet total square footage of open space required in Section 19.36.280; however, the review authority may permit the common open space to be decreased or eliminated as long as there is an equal increase in private open space that results in the same total open space square footage as would otherwise be required.

Mixed-use Projects that Span Both Residential and the Sunset Specific Plan Zoning Districts. A proposal to consolidate abutting residential and Sunset Specific Plan parcels into a unified mixed-use project shall comply with the following standards:

Maximum Height. Each R4 residential parcel included in the project shall have a maximum height limit of 45 feet, four stories.

Maximum Average Unit Size. No maximum average unit size shall be required for each R3 or R4 residential parcel included in the project.

Required Density. No minimum density shall be required for each R3 or R4 residential parcel included in the project.

(Ord. 01-594 § 2, 2001; Ord. 08-787 § 6, 2008; Ord. 09-812 § 7, 2009; Ord. 09-813U § 7, 2009; Ord. 19-1086 § 7, 2019; Ord. 23-26, 1/22/2024)

Applicability. The standards of this section shall be incorporated into all motion picture, television, or video production studio projects, in addition to the other applicable design and property development standards of this Zoning Ordinance.

Façade and Frontage Treatment. Studio facilities adjacent to the public street frontage shall be designed and constructed to be pedestrian-oriented. The placement of studio stores, cafés and other studio-related uses open to the public adjacent to the street frontage of the site is encouraged.

Location of Facilities. Studio facilities shall comply with the following location requirements.

Major Entries. Major entries shall be located within 50 feet of the primary street frontage except where existing structures and uses prevent this siting.

Office Uses. Administrative and other offices shall be located within 50 feet of the primary street frontage except where existing structures and uses prevent this siting.

High Security Uses. Sound stages and other uses requiring high security may be located more than 50 feet from the primary street frontage.

(Ord. 01-594 § 2, 2001)

The provisions of this section apply to newsstands and flower stands.

Location Requirements. News and flower stands shall:

Be located only on secondary and major highways, if they are to operate under extended hours (extended hour operations shall comply with Chapter 5.52 (Extended Hour Businesses);

Be located parallel and adjacent to the wall of a structure, and shall not extend over any public sidewalk by more than two feet. Freestanding news and flower stands are allowed only as roofed kiosks;

Not be located:

Within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes;

Within 100 feet of any residential use within a residential zoning district;

Within 1,000 feet of another news or flower stand, or florist, provided that this requirement may be reduced by the Planning and Development Services Director if the proposed use is determined not to be detrimental to public safety and welfare; or

So that the sidewalk is reduced to less than eight feet on secondary and major highways and six feet on other streets. This requirement may be modified by the Planning and Development Services Director where the clear passage provided is safe and adequate.

Design and Construction Requirements.

Stands shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether opened or closed. Security doors shall be designed as an integral part of the structure.

Shelving shall not exceed eight feet in height nor two feet in depth.

Maintenance. The news or flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

Signs.

Stands shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 19.34 (Sign Standards).

The owners or operators of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

Parking. In approving an outdoor news or flower stand, the Planning and Development Services Director shall determine that some on-site parking or adequate on-street or other public parking is available in a commercial zoning district within a reasonable distance of the stand.

Additional Product Sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed 10 percent of the total merchandise displayed.

Encroachment Permit. If a news or flower stand is proposed within a public right-of-way, the owners or operators shall apply for an encroachment permit from the Department of Public Works before applying for approval of the stand by the department.

Hours of Operation. Hours of operation of news and flower stands shall be determined by the Planning and Development Services Director.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 142, 143, 2019)

Neighborhood Serving Commercial Uses. Neighborhood serving commercial uses on the ground floor in the R3C-C and R4B-C zone shall meet the following requirements. Neighborhood serving commercial uses are intended to provide for a range of neighborhood serving retail and service uses along street frontages that are located and designed to foster pedestrian activity near residential uses.

Allowable Uses. Allowable ground floor uses shall be limited to the neighborhood-serving commercial uses identified in Table 2-2 in Section 19.06.030 – Residential Zoning District Land Uses and Permit Requirements.

Design Standards. Neighborhood-serving commercial uses in the R3C-C and R4B-C Zoning Districts shall meet the following requirements:

All commercial tenant spaces in a building shall have a maximum average size of 1,200 square feet.

Each commercial tenant space shall have a maximum frontage of 30 linear feet.

For additional façade standards, refer to Section 9.10.060 Commercial Building Façade Standards.

(Ord. 18-1022 § 16, 2018)

In order to preserve the integrity and character of the area in which a nightclub is located, and to ensure their compatibility with nearby uses, nightclubs shall be designed and operated in compliance with the following standards, in addition to the regulations of the applicable zoning district.

Applicability to Existing Nightclubs. Existing nightclubs that were issued substitute conditional use permits (SCUP) under the previous Zoning Ordinance shall require conditional use permit approval (Chapter 19.52) before any alteration that affects occupancy or operations. However, these nightclubs are only required to meet the following standards as they apply to any additional floor area.

Site Planning and Exterior Design.

Maximum Floor Area - Sunset Specific Plan. A nightclub proposed within the SSP zoning district shall not exceed the cumulative maximum floor area limit for net new nightclub area established by the Sunset Specific Plan.

Entrances and Exits.

Main pedestrian entrances and exits shall be located only on public streets in commercial zoning districts.

Emergency exits shall be oriented toward commercial streets, unless the applicant provides substantial evidence, to the satisfaction of the Planning and Development Services Director, that this cannot be accomplished.

All doors at secondary and emergency entrances and exits not oriented toward commercial streets shall be closed by 10:00 p.m. except during bona fide emergencies.

All non-main and emergency entrances and exits not oriented toward commercially zoned public streets, when used for loading and unloading, shall comply with the requirements of city's Noise Ordinance (Chapter 9.08 of the Municipal Code).

Security personnel shall be provided at the main entrances and exits whenever the nightclub is open for business.

A vestibule may be required by the review authority to mitigate noise impacts.

Loading and Receiving Areas. Loading and receiving areas shall be:

Located in the area that least impacts adjacent uses; and

Screened by a noise and visual buffer (e.g., an enclosure, hedge, or other appropriate vegetation), when adjacent to a residential zoning district, unless there is substantial proof, to the satisfaction of the Planning and Development Services Director, that this cannot be accomplished.

Parking Area Lighting. Lighting in all on- and off-site self-parking lots used by the club shall be one foot candle, and shall remain on until at least one hour after the closing of the nightclub.

Interior Lighting. The interior of a nightclub shall be lit throughout at an intensity of at least two foot candle during all hours of operation. The lighting may be reduced while live entertainment is being presented.

Limitation on Outdoor Activities. All activities shall be conducted entirely within the enclosed structure, except the following:

The checking of patrons' identification;

Valet parking activities;

The sale of admission tickets for current or future events;

Eating, drinking, or dancing when specifically allowed outside by a permit issued by the department;

Smoking, provided that smoking areas shall comply with the requirements of Section 19.36.340 (Smoking Areas); and

An orderly line of patrons waiting for admission. The club management shall organize and maintain the patron queue to:

Be not more than two abreast in a line located parallel to and against the structure;

Be located only on a commercially zoned street; and

Maintain adequate pedestrian passage on the sidewalk.

Operating Requirements.

Conduct of Patrons. The nightclub management shall do the following to encourage appropriate patron conduct:

Make an announcement at closing requesting patrons to respect the residents of the adjacent residential neighborhoods by being quiet when leaving; and

Post signs at locations clearly visible within the club and at both on- and off-site parking areas, requesting patrons to respect residents of adjacent residential neighborhoods by being quiet when leaving and reminding patrons of the existence of permit parking districts within the neighborhoods adjacent to the nightclub.

Hours of Operation. The hours of operation for nightclubs shall be determined by the Commission at the time of approval of the appropriate permit for the use. When reviewing an application to increase the hours of operation for a particular nightclub, the Commission shall take into consideration the potential impacts of the use upon adjacent residential uses and residents, occupancy loads of the use, and the history of past violations of city ordinances or permits which regulate the operations of the nightclub.

Noise. The structure housing the nightclub shall be adequately soundproofed so that interior noise is not audible beyond the property line with the doors closed.

Solid Waste. The management of the nightclub shall:

Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods, in compliance with Section 19.20.180 (Solid Waste and Recyclable Materials Storage).

Ensure that the nightclub property and all areas within at least 100 feet of the nightclub are free of any waste or litter generated by the nightclub, by 7:00 a.m. following each night of operations. A larger area may be required by the review authority.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 144, 145, 2019; Ord. 22-1200 § 5, 2022)

Review Requirement. An outdoor dining or seating area for restaurants or other establishments with a public eating license shall require approval of an administrative permit (Chapter 19.44) when located on the ground floor. See Section 19.36.235 for regulations pertaining to outdoor dining areas located above the ground floor. The outdoor dining area shall be developed in compliance with an approved site plan which indicates the maximum seating capacity for the outdoor dining area. See also Chapter 11.28 of the West Hollywood Municipal Code, "Outdoor Dining on Public Right-of-way."

Location Requirements.

Patron tables and other outdoor dining area components shall be located on the same site as the other facilities of the restaurant or on the adjacent public right-of-way.

If any portion of the outdoor dining area is to be located within a public right-of-way, an encroachment permit shall be obtained in compliance with Chapter 11.28 of this code, before approval of an administrative permit for the outdoor dining area.

Hours of Operation. The hours and days of operation of the outdoor dining area shall be identified in the approved administrative permit.

Landscaping. All outdoor dining areas shall include some landscaping. A landscape plan for the outdoor dining area may include the use of planter boxes and permanent vegetation, which shall be designed in consideration of the Landscape Design Guidelines, and shall comply with Chapter 19.26 (Landscaping Standards).

Lighting. Illuminated outdoor dining areas shall incorporate lighting which shall be installed to prevent glare onto, or direct illumination of, any residential property or use.

Awnings. All awnings installed within an outdoor dining area shall comply with the roof covering standards of the city's Building Code. In addition to an awning, outdoor dining on private property may use flexible, transparent plastic to enclose the sides and front of the outdoor dining area during the official Los Angeles County rainy season from October 15 through April 15. These plastic enclosures should be removed on days without rainfall and at a minimum shall be removed from April 16 through October 14.

Alcoholic Beverage Sales. A restaurant that proposes to serve alcoholic beverages within an outdoor dining area shall comply with the standards established by the state Department of Alcoholic Beverage Control. The dining area shall be:

Physically defined and clearly a part of the restaurant it serves; and

Supervised by a restaurant employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

Operating Requirements.

Clean-Up Facilities and Maintenance. Outdoor dining areas shall:

Be continually cleaned by the removal of litter and food items which constitute a nuisance to public health, safety, and welfare; and

Contain waste receptacles for use by the public and restaurant employees.

Outdoor Cooking. Cooking within an outdoor dining area is prohibited, except where authorized by a temporary use permit.

Placement of Tables. Tables shall be placed only in the locations shown on the approved site plan.

Parking. The design, installation, and maintenance of on-site parking areas shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards).

Design Compatibility. The following standards are intended to ensure compatibility with surrounding uses and a high standard of design quality.

Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structures.

The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience.

Consideration shall be given in outdoor dining area design to residential uses within 200 feet.

The relationship of outdoor dining areas to churches, hospitals, public schools, and residential uses shall be considered by the Planning and Development Services Director. Proper mitigation measures should be applied to eliminate potential impacts related to glare, light, loitering, and noise.

Outdoor dining areas shall maintain adequate vehicular or pedestrian traffic flow.

Additional Standards. At the discretion of the Planning and Development Services Director, the following additional standards may apply to outdoor dining areas. The applicability of these standards shall be specified in the permit approving the outdoor seating area.

Amplified sound and music may be prohibited within the outdoor dining area.

Separation by a physical barrier may be required, with the design to be approved by the Planning and Development Services Director.

A sound buffering, acoustic wall may be required along property lines adjacent to the outdoor dining area. The design and height of the wall shall be approved by the Director.

Dining equipment (including, but not limited to, tables, chairs, space heaters, barriers) may remain in place when not in use if located on private property; dining equipment, if stored, may not be stored in an area visible from the public right-of-way or from any plaza area.

Planters may be made out of wood, ceramics, stone, or metal. Plastic planter boxes are prohibited.

Railings must be a minimum of 25 percent open and may not exceed three feet in height, except as required by the Uniform Building Code or the Alcoholic Beverage Control Act. Higher railings are permitted if required by the Uniform Building Code or the State Department of Alcoholic Beverage Control. Only barriers composed of planters, or a retaining wall may be solid. However, railings may have backings on the interior (restaurant) side of the railing that are made of fabric or other materials satisfactory to the Director. Pipe stanchions linked by chains are not permitted as a railing. Railing designs must be submitted to the Planning and Development Services Director, the City Engineer, and the Building Division for review and approval.

Umbrellas may project into the minimum required clear public right-of-way for pedestrians, as long as the bottom edge of the umbrella is at least seven feet from the surface of the sidewalk, and the required horizontal clearance is maintained pursuant to Title 24 of the California Building Code.

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 32, 2003; Ord. 18-1043 § 9, 2018; Ord. 19-1058 §§ 146, 147, 2019)

Location. Storage areas shall be limited to the rear of a site, and shall not be located within 50 feet of the front property line.

Enclosure Required. An outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate. The Planning and Development Services Director may allow the substitution of a solid fence, after determining that the substitution would adequately comply with the provisions of this section.

The required wall or fence shall:

Be not less than six feet nor more than 10 feet in height;

Incorporate design elements to limit easy climbing and access by unauthorized persons; and

Be subject to approval by the Planning and Development Services Director.

Walls abutting a right-of-way shall comply with Section 19.20.050(D) (Fences, walls, and hedges – Commercial zoning districts).

Grading. All portions of outdoor storage areas shall have adequate grading and drainage and shall be continuously maintained.

Operations. All raw materials, equipment, or finished products stored shall:

Be stored in a manner that they cannot be blown by wind from the enclosed storage area;

Not be stored above the height of the enclosing wall or fence within 10 feet of the wall or fence;

Not be placed or allowed to remain outside the enclosed storage area; and

If abutting a residential zoning district, be serviced between 8:00 a.m., and 10:00 p.m., to avoid being a nuisance to neighbors.

Landscaping. Landscaping shall be installed, wherever possible, to lessen the visual impact of the outdoor storage area. The design, installation, and maintenance of the landscaping shall comply with Chapter 19.26 (Landscaping Standards).

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 148, 2019)

Review Requirement. New or expanded (including expanded hours of operation) for an outdoor dining or seating area for commercial uses including, but not limited to, restaurants, nightclubs/bars, cannabis consumption areas, banquet facilities, exercise classes, or other similar outdoor uses as determined by the Director located above the ground floor of an existing or proposed commercial building shall require approval of an administrative permit (see Section 19.44.020.B.a and b).

Hours of Operation. The hours and days of operation of the outdoor commercial uses shall be identified in the administrative permit.

Lighting. Illuminated outdoor commercial use areas shall incorporate lighting which is installed to prevent glare onto, or direct illumination of, any residential property or use.

Noise. An acoustical wall is required around the perimeter of the outdoor use area to ensure compliance with city noise standards unless the applicant presents an acoustical study which demonstrates that a wall is not needed to meet those standards.

Cannabis Consumption Areas. A cannabis consumption area that proposes to serve cannabis products within an outdoor area above the ground floor shall comply with the standards established by state law and operating requirements in Section 5.70.041, Cannabis Consumption Areas of the Municipal Code.

Design Standards. The following design standards are intended to ensure compatibility with surrounding uses and a high standard of design quality for commercial use areas above the ground floor.

Landscaping in the form of planters or other similar structures shall be provided within the commercial outdoor use area.

Design Compatibility. Outdoor commercial use areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements which are visible from the public rights-of-way or adjacent properties shall be compatible with the overall design of the main structure.

(Ord. 18-1043 § 10, 2018)

Proliferation. Approval of a pawnshop shall require that the review authority first determine that the proposed pawnshop shall not contribute to undue proliferation of these uses in an area where additional ones would be undesirable, with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.

Limitation on Number of Pawnshops. An application for a new pawnshop shall not be approved unless there are fewer than six pawnshops operating or approved in the city at the time of approval. The expansion of an existing pawnshop by up to 50 percent of the existing floor area may be considered by the review authority. This expansion may only be granted once to a location.

Design Quality. The proposed pawnshop shall be of an architectural and visual quality and character that harmonizes with, or where appropriate, enhances the surrounding area.

(Ord. 01-594 § 2, 2001)

[1]

Editor's Note: Section 19.36.250, Public Structures Outside of the PF Zoning District, was repealed by § 6(3) of Ord. 03-658. This section was originally enacted as part of the republished Zoning Ordinance adopted by Ord. 01-594.

Reverse vending machines and small collection facilities may be approved within commercial and public facilities zoning districts subject to the following standards.

Standards for All Recycling Facilities. All recycling facilities shall comply with the following standards.

Signs. Facilities shall be provided with identification and informational signs in compliance with Chapter 19.34 (Sign Standards).

Collection containers and reverse vending machines shall be clearly marked to identify the type of material that may be deposited, and display a notice that discarded material shall not be left outside of the recycling enclosure or machine;

The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation; and

Additional identification and directional signs, consistent with Chapter 19.34 (Sign Standards) and without advertising message, may be approved by the Planning and Development Services Director if determined to be necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable and nonhazardous waste materials.

Reverse Vending Machines.

Accessory Use Only. Machines shall be installed as an accessory use and shall not require additional parking.

Location. Machines located outdoors shall not block display windows, occupy required parking spaces, or interfere with pedestrian or vehicular circulation.

Materials. Machines located outdoors shall be constructed of durable, waterproof, and rustproof materials.

Maximum Size. Each installation shall not occupy more than 50 square feet including any protective enclosure, and shall not exceed eight feet in height.

Signs. The machines shall have a maximum sign area of two square feet, exclusive of operating instructions.

Lighting. The machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 19.20.100. (Outdoor Lighting).

Hours of Operation. Operating hours shall be consistent with those of the primary use, but may be limited to avoid impacts to neighboring residences.

Small Collection Facilities.

Location Requirements. Small collection facilities shall:

Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation; and

Not be located within 50 feet of a parcel zoned or occupied for residential use, unless the review authority determines that less separation will not subject residents to noise, odors, or traffic impacts not customary in a residential neighborhood.

Maximum Area. Small collection facilities shall not exceed 500 square feet.

Appearance. Collection containers and site fencing shall be of a color and design to be compatible with the surrounding uses and neighborhood. Outdoor storage shall comply with the requirements of Section 19.36.230 (Outdoor storage).

Landscaping. The facility shall not impair the landscaping required by Chapter 19.26 (Landscaping Standards) for any other use on the site, and shall itself comply with the standards of Chapter 19.26 and Section 19.20.140 (Screening of Equipment).

Parking Requirements.

No additional parking spaces shall be required for patrons of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant, if needed;

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and

Use of parking spaces by the facility and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site.

Operating Standards. The facility shall:

Accept only glass, metal or plastic containers, paper, and reusable items;

Not use power-driven processing equipment except for reverse vending machines; and

Use containers of durable waterproof and rustproof materials, secured from unauthorized removal of material, and with capacity sufficient to accommodate materials collected and the collection schedule.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 149, 2019)

The following provisions are intended to encourage the construction of courtyard housing by providing alternatives to certain development standards of this Zoning Ordinance as incentives. Section 1.25.32 of the General Plan calls for zoning provisions which encourage the construction of multi-family courtyard housing projects that reflect the historic patterns and styles in the city.

Procedure for Incentives. A multi-family housing project that is proposed as courtyard housing in compliance with this section may be granted incentives as follows, provided that no incentives may be granted where a project proposes the demolition of a cultural resource:

Allowable Incentives. The review authority may grant any combination of the following incentives at the request of an applicant, provided that the review authority shall have the discretion to offer none of the incentives, and may choose to require compliance with all otherwise applicable residential development regulations.

Compact automobile parking spaces may be substituted for a maximum of 60 percent of the required guest spaces, and 50 percent of all required spaces.

Driveways used exclusively for ingress and egress or for interior parking lot circulation may be designed and improved with steeper grades in courtyard structures than in other residential structures. Ramp grades shall not exceed a 20 percent slope with approach ramps as close to a three percent slope as feasible.

A loft and one ancillary room may be provided without increasing the parking requirements for a courtyard unit.

The first floor of a structure, up to a maximum height of 12 feet, may extend 10 feet into the required rear yard and the second floor up to a maximum height of 24 feet, may extend five feet into the required rear yard. An area equal to the area of the required rear yard that is covered shall be provided as common open space at grade level in the courtyard area, in addition to all required front and side setbacks.

The first floor of a structure with a maximum height of 15 feet, may extend a maximum of 12 feet into, and cover a maximum of 50 percent of the required front yard, but shall contain only habitable or porch space. An extension into the front yard which exceeds seven and one-half feet shall not be wider than 20 feet, and shall be separated from an adjacent extension into the front yard by a minimum of 10 feet.

A semi-subterranean parking garage may be built to the side property line but may not project into the required rear setback.

Criteria for Approval. The review authority may approve courtyard housing in compliance with this section if it first finds that the project:

Complies with all applicable provisions of this section; and

Provides a higher quality design than would have been provided under the otherwise applicable standards.

Alternatives to Courtyard Design Standards. For each of the design and development standards identified in this section, a finding of compliance shall be made by the review authority. The review authority may approve alternative courtyard design standards, provided that alternative design standard shall be supported by facts in the record indicating that departure from the design and development standards of this Zoning Ordinance:

Achieves a better design solution for the courtyard and development than would result from application of the basic courtyard regulations; and

Would not materially affect adjoining properties.

Courtyard and Common Open Space Requirements. The project shall provide common open space as required for multi-family projects by Section 19.36.280. The open space shall be located on the site as follows.

FIGURE 3-16

Courtyard

Courtyard Required. A courtyard housing project shall include a clearly defined courtyard space. The structure may, for example, be O, L, or U shaped. A distinct outdoor communal space (or series of spaces) shall be provided to serve as a focus for the housing units, with individual entries to the living units provided from the spaces.

Courtyard Area. The courtyard shall be designed to incorporate at least 60 percent of the common open space area required for the project by Section 19.36.280.

Rear Yard Open Space. If any of the rear setback is proposed as common open space in addition to the courtyard, a clear connection between the rear yard and the courtyard space shall be provided and at least a portion of the rear yard shall be visible from the courtyard, as follows:

If more than 30 percent of the common open space requirement is proposed in the rear yard, an opening of at least 10 feet wide and 10 feet high shall provide a view to the rear yard from the courtyard;

For an opening less than 15 feet wide, the length shall not exceed twice the width. The height of the opening shall be no less than its width; and

An opening 15 feet wide or more shall be open to the sky.

Above Grade Open Space. A portion of the common open space requirement for the project may be provided above grade in compliance with the following standards:

Seventy-five percent of ancillary balconies, roof decks, or terraces that are counted as common open space in a courtyard structure shall be directly adjacent to and overlook the courtyard, and should be seen as an extension of the courtyard;

The space shall not be more than two floors above the courtyard and shall be connected directly to the courtyard with a grand stairway or other appropriate connection if it represents more than 10 percent of the common open space; and

The space shall have a minimum dimension of 10 feet, if one level or less above the courtyard, or a minimum dimension of 15 feet, if two or more levels above the courtyard.

Secondary Courtyards. Secondary courtyards shall be allowed in compliance with the following standards:

If 30 percent or more of the common open space required is provided in additional courtyards, the additional courtyards shall meet all of the requirements for the main courtyard except for visual access to the street; and

If less than 30 percent of the common open space required is provided in additional courtyards the additional courtyards shall comply with the same visibility, access, and dimensional standards as common open space in the rear setback.

Courtyard Design Standards.

Entrance from Street. The courtyard shall be preserved as a semi-public space which is easily accessed from the street, with a grand processional entry, grand stairs if appropriate, or other similar treatment. At least a portion of the courtyard should be visible from the street. The courtyard is best located on the level of the street or a few feet above or below the street.

On parcels with a slope greater than four percent between the street elevation and the rear elevation of the site, the courtyard may be located more than two and one-half feet above or below street level. However, a grand stairway, ramp, or other appropriate processional entry and connection between street level and courtyard level shall be provided.

On parcels with a slope less than four percent between the street elevation and the rear elevation of the site, the courtyard may be at the level of natural grade or up to three feet above or below natural grade. Natural grade shall be measured at the sidewalk (front) property line at the location of the entrance to the courtyard.

On parcels with more than sixty feet of street frontage, an opening in the structure at least 10 feet wide and 10 feet high shall be provided. The opening may be designed with security enclosures which are treated in the same design style as the structure itself.

Passageways from the front yard to the courtyard which are less than 15 feet wide shall have a length no greater than twice the width. The height of the opening shall be no less than the width.

Openings that are 10 feet or more in width and 20 feet more in length shall be open to the sky.

Glazing shall not be allowed in the opening. Any gates shall be of a highly ornamental nature (preferably designed by an artist and executed by a skilled craftsperson). The gate shall allow a minimum of 70 percent visibility into the courtyard.

Dimensions. The minimum length and width of a courtyard shall be 15 feet on parcels of 50 feet or less in width, 20 feet on all other parcels, and shall comply with the minimum area requirements of subsection (B)(1) (Courtyard required).

Encroachments.

Structural Elements. Exterior, unenclosed structure elements (e.g., balconies, open stairs, and stoops) may encroach into the courtyard and may reduce the minimum clear dimension of the courtyard from 20 feet to a maximum of 15 feet subject to the following limitations:

(1)

Encroaching balconies shall be supported by brackets or by columns at the ground floor; have closed risers;

(2)

Encroaching stairs shall be either wood or masonry and have closed risers;

(3)

Unenclosed encroachments shall have a maximum depth of four feet; and

(4)

The total area of unenclosed encroachments shall not exceed 10 percent of the area of the courtyard.

Private open space. Private open space for individual units is not considered an encroachment and may be included as part of the courtyard subject to the following limitations:

(1)

The maximum height of hedges, walls, or other elements separating the space from the rest of the main garden shall be two feet or less in height if opaque, and 42 inches or less in height if it allows at least 50 percent visibility. Height shall be measured from the finished grade of walkways or patios in the common portion of the main garden;

(2)

The total area of private open space within the main garden shall not exceed 25 percent of the area of the courtyard; and

(3)

The main garden, as a whole, shall comply with the planting and paving standards of following subsection (D)

Courtyard Landscaping and Surfacing Standards.

General Landscape Standards. Courtyard landscaping shall comply with Chapter 19.26 (Landscaping Standards), and the following standards.

All courtyard landscaping shall be permanently maintained and irrigated with an automatic system.

Preferred courtyard and front yard ground covers are ones that may be walked on, and are water-conserving.

The incorporation of fountains, pools, and other water features into the courtyard is required. The incorporation of other decorative elements (e.g., iron work and tile) is encouraged. Water elements shall recycle to conserve water. If the courtyard is over fully subterranean parking, tree wells with an inside diameter of at least six feet shall be provided. The minimum tree size at planting shall be 15 gallons.

Benches, retaining walls, steps, and bench-type edges for planters shall be provided.

Specific Landscaping and Surfacing Requirements. A courtyard shall only be provided under the following three conditions, either alone or in combination.

Courtyard on Grade. The courtyard may be at natural grade with no structure below. For gardens or parts of gardens at natural grade, the following requirements shall apply:

(1)

At least 35 percent of the total courtyard area shall be planted;

(2)

A courtyard with a minimum area of 1,500 square feet shall have at least one canopy tree with a minimum mature height of 35 feet. An additional canopy tree of the same size shall be included for each additional 1,000 square feet of courtyard area. The minimum tree size at planting shall be 15 gallons; and

(3)

Poured surfaces (e.g., asphalt or concrete) may be used for walkways up to five feet in width but are not acceptable for area paving. Unplanted areas with a minimum dimension of five feet or more shall be paved with unit pavers (e.g., brick, concrete, or tile) set or covered with decomposed granite or garden gravel.

Courtyard Over Subterranean Parking. The courtyard may be at natural grade over a fully subterranean parking structure, or up to three feet above street level at the entry over a semi-subterranean parking structure. Where possible, planted areas should be installed at the same grade as adjacent walkways. Courtyards or parts of courtyards over fully subterranean parking shall comply with the following requirements in addition to the requirements of subsection (D)(2)(a), above for gardens on grade.

(1)

Planting beds shall be on two feet of soil. If above the grade level of the courtyard, the walls of the planters may be no more than two feet above finished grade.*

FIGURE 3-17

Canopy Trees

(2)

For each canopy tree required, one tree well extending down through the parking structure shall be provided. Tree wells shall have a minimum inside diameter of six feet. Tree well areas shall be counted as part of the required landscaped area.

(3)

Appropriate drainage and irrigation shall be provided for planters, tree wells, and the soil covering the parking structure.

Courtyard Over Partially Subterranean Parking. The courtyard may be no more than three feet above natural grade over a partially subterranean parking structure. For gardens or parts of gardens over partially subterranean parking the following requirements shall be met in addition to the requirements identified above for gardens at natural grade and over fully subterranean parking.

(1)

Except for tree wells, planters, and decorative garden elements (e.g., fountains, etc.) the entire surface of the courtyard shall be covered with a minimum of eight inches of soil or unit pavers set in sand or soil with a total depth of eight inches.

(2)

Finished grade at the courtyard and existing grade at the sidewalk entrance to the courtyard shall be used in determining the height of the main garden above the natural grade.

Building Design.

Upper Floor Setbacks. Courtyard structures of more than two stories shall set back each floor above the second a distance from the courtyard of at least one foot for each foot in height above the second floor, on at least 65 percent of the courtyard perimeter.

Unit Orientation. All units in a courtyard structure shall be "through" units and shall have an exposure off the courtyard as well as an exposure on at least one other side of the structure.

Access to Individual Units.

Interior Corridors are Prohibited. The majority of units shall be entered directly from the courtyard space. Additional entrances may serve units from the street front or from subsidiary common open spaces. Common access balconies above the level of the courtyard floor which have a single or combined length greater than one side of the courtyard are prohibited.

Shared entrances from the courtyard in the form of porches, recesses in the structure, stairs, or stoops may serve no more than two units.

Transitional spaces in the form of overhangs, porches, and stoops, between public areas or common spaces and entrances to the units shall be provided for each unit or group of units.

Architectural Standards. The following provisions address the quality of the structures that surround and define a courtyard, and make a crucial contribution to the life and quality of these spaces. Some structure types help to perpetuate the city's distinctive courtyard housing tradition. These provisions are intended to encourage courtyard housing design features that are appropriate to the city, and prohibit inappropriate ones.

Objectives. Architectural elements (e.g., balconies, bay windows, entrances, and porches) shall signal human habitation and are an essential aspect of a successful courtyard structure. The architectural heritage of the city's courtyard structures owes a great deal to craftsmanship and the contributions of craftspeople to the quality of the structures. It is a purpose of this Subparagraph to perpetuate the craft tradition which is an important element of this structure type. The city is, and has always been, heterogeneous architecturally, and this Zoning Ordinance is not prescriptive with respect to the style or the architectural character of structures. It does, however, encourage structures which are designed, detailed, and constructed with care and consistency, and which are enriched by the contribution of individual artisans.

Required Elements. Each new courtyard structure shall incorporate as least one feature as a conspicuous component of its architecture which demonstrates skilled craftwork. Examples of these features include cast terra cotta, iron gates, stenciled ornament, tile fountains, wood work, or other devices.

Special Features. Part of the special charm of courtyard structures comes from the presence of particular structural elements including the following. Each courtyard structure shall incorporate at least two of the following elements. The substitution of elements not on the list may be approved by the review authority.

(1)

Upper floor loggias or pergolas recessed within a structure.

(2)

Roofed balconies supported by brackets or by columns at the ground floor.

(3)

Exterior wooden or masonry stairs with closed risers.

(4)

Tile or masonry fountains.

Materials.

(1)

In order to ensure that new structures appear substantial and integral, changes of exterior color, texture, or material shall be accompanied by changes in plane. An exception is the articulation of the base of a structure.

(2)

Material or color changes at the outside corners of structures give an impression of thinness and artificiality and are not allowed.

(3)

Structures should have consistent materials and details throughout. Detailing of doors, windows, and eaves and the type and quality of materials should be similar on all sides of structures.

(4)

New courtyard structures should reflect local traditions. This means that careful decisions shall be made concerning the choice, application, and detailing of materials so that new construction is appropriate to its context. Windows and doors shall be outlined by projecting surrounds that completely enclose these openings.

The list below contains several materials or combinations that shall be avoided. The list is meant to be illustrative rather than inclusive. Final approval of materials, material combinations, and detailing shall be subject to Commission approval.
(a)	Flush nail-on aluminum windows shall not be allowed.
(b)	Spanish colonial style structures shall not have window frames flush with the outside plane of the wall.
(c)	Rough textured stucco shall not be detailed with crisp metal corner beads. Rounded bullnose corners are more appropriate.
(d)	Wood or metal panels shall not be applied to stucco walls as decoration.
(e)	Plywood siding, light, transparent driftwood stains, and thin layers of stone or masonry units which appear veneer-like shall not be allowed.

Parking Entry. The parking entry shall be minimized and designed to be architecturally sensitive to, and treated as, an integral part of the street façade.

FIGURE 3-18

Building Details

(Ord. 01-594 § 2, 2001)

This section provides standards for the legalization of residential units built and occupied without the benefit of permits required in the Zoning Code.

Prior Existence. The applicant has submitted proof satisfactory to the Planning and Development Services Director that the unit(s) was in existence and was used as a separate dwelling unit on January 1, 2000. Proof of existence of the unit and its use as a dwelling unit shall consist of building permits indicating residential use; registration with the Department of Rent Stabilization and Housing; County Assessor's records; previous planning and zoning permits; information from Sanborn maps; utility bills; census address data; construction receipts; rent receipts; and/or other documentation satisfactory to the Director. Units which were converted from residential use to non-residential uses after or as of January 1, 2000 may be eligible for legalization if the re-conversion had been the result of previous code enforcement action against the unit, or if the property owner had filed a non-residential exemption with the Department of Rent Stabilization and Housing.

Waiver of Standards. Upon execution by the owner of a contract waiving the right to establish the initial rent of the unit(s) pursuant to California Civil Code Section 19.54.52(b) or 19.54.53(a)(2), the standards in this article may be waived by the Planning and Development Services Director in order to meet the minimum building code requirements for legalization to occur, except as follows:

Expansion of Units in Required Yards. Units to be legalized which are wholly or partially in required setback areas may be legalized. Expansion of units to be legalized into a required setback area is not permitted except that those units which currently have a kitchen, as defined by the West Hollywood Building Code, may be expanded to meet minimum unit size under the Building Code, and such expansion may be in a required yard. Expansion of any unit for any other reason must meet setback requirements. In all cases, any construction in a required yard to allow for an expansion of a unit may not exceed a height of fifteen feet and one story, and the Planning and Development Services Director may further limit the height of new construction in a required yard to prevent impacts to neighboring properties.

Increase in the Number of Units Above Density Limits. For all properties in the R1 and R2 zone categories, only one illegal unit may be legalized on a property after the effective date of the ordinance codified in this section. For properties in the R3 and R4 zones, the number of illegal units which may be legalized may not be greater than 20 percent of the maximum number of units permitted on the property under Section 19.06.040 – Residential Density (possible density bonus units and the units to be legalized are not included in this calculation).

Parking.

On a property that, prior to legalization of an additional unit(s), has four or fewer units, legalization may be approved even if the legalization results in the loss of parking area(s) required prior to construction and/or for the occupancy of the unit(s) to be legalized, provided that any expansion or alteration of the illegal unit(s) is done in a way which minimizes encroachment into any remaining parking areas.

On a property that, prior to legalization of an additional unit(s), has five units or more, legalization may not be approved when the units to be legalized occupy required parking areas, unless it can be shown that those spaces were unusable, or that substitute parking is provided, in which case the provision of substitute parking for the unit to be legalized may be required by the Planning and Development Services Director when feasible.

In all other circumstances, parking requirements may be waived.

In all cases, the Planning and Development Services Director may require, as a condition of legalization, the demolition of any accessory structures or the removal of any objects placed in driveways or other existing paved areas, in order to maximize off-street parking spaces.

Compliance with Other Standards. To the degree feasible, as judged by the Planning and Development Services Director, compliance with otherwise applicable provisions of the Zoning Ordinance has been maximized.

Privacy. All repairs, alterations and/or enlargements of the unit(s) must be done in a manner that minimizes impacts on the privacy of neighboring residential properties, to the satisfaction of the Planning and Development Services Director.

Feasibility. Units may be legalized only if, in the opinion of the Building Official, it is physically feasible to make the unit(s) come into full compliance with the Building Code, and the legalization has been given tentative approval by the Fire Department, and other affected agencies and city departments, to the satisfaction of the Planning and Development Services Director.

Rent Stabilization. Units legalized under this section are subject to Title 17 of the West Hollywood Municipal Code; the initial rent shall be the last rent paid for the unit.

(Ord. 01-610 § 4, 2001; Ord. 19-1058 § 150, 2019)

One Year Lease Minimum. Dwelling units may be occupied by the owner or, if leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for over a year), by the tenant under such agreement for an initial lease term of at least one year. This provision does not apply to individually owned condominium dwelling units, single family residences, transitional housing, emergency shelters, congregate care facilities, supportive housing, or where a seller of a dwelling unit leases the subject dwelling unit from the buyer of said dwelling unit immediately following the sale of the dwelling unit for a period of less than one year. Home sharing in accordance with Chapter 5.66 of the West Hollywood Business License Code, may be permitted.

Notwithstanding any other provision of this Code, dwelling units located in a commercial zone in the Sunset Specific Plan that were leased for initial terms of less than one year (and more than 30 days) between January 1, 2018 and March 15, 2020 shall, upon certification by the city, constitute a legal nonconforming use whereby units may be leased for 31 days or more until December 31, 2029 (or the expiration of an existing lease, whichever date is later), upon approval of an administrative permit from the city prior to December 31, 2020; such administrative permit shall not expire until December 31, 2029 (or the expiration of an existing lease, whichever date is later). Use of the unit as described in this subsection must be documented through submittal of leases and other documentation satisfactory to the city as a prerequisite to issuance of the administrative permit. Affordable housing units are not eligible for the administrative permit in this Section and shall be rented for an initial lease term of one year.

Notwithstanding any other provision of this Code, owners of dwelling units granted an administrative permit pursuant to subsection (A)(1) of this section may request a conditional use permit to rent up to 30% of total dwelling units deemed a non-conforming use (not including affordable housing units) within a structure that was granted an administrative permit to lease for a minimum of 31 days pursuant to subsection (A)(1) of this section, for a minimum of five days, until such administrative permit expires, or until December 31, 2029, whichever is sooner. This subsection applies only to buildings with at least three dwelling units that are in possession of the administrative permit under subsection (A)(1) of this section.

Individually owned condominium dwelling units and single-family residences when leased, shall be rented for a minimum lease term of 31 days, as evidenced by a written rental or lease agreement.

(Ord. 20-1112 § 12, 2020)

This section provides development and operational standards for multi-family residential projects, addressing the requirements for private and common open space (subsection (A) below), laundry facilities (subsection (B)(6), below), and other required project features. Additional standards for courtyard housing are in subsection (C), below). These standards are in addition to those in Chapter 19.06 (Residential Zoning Districts).

Open Space Requirements. All multi-family residential projects except duplexes shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space).

Area Required. Private open space shall be provided at a ratio of 120 square feet per dwelling unit. Common open space shall be provided based on the size of the project, as follows:

Project size	Common Open Space Required
3 to 4 units	200 sq. ft.
5 to 10 units	500 sq. ft.
11 to 30 units	1,000 sq. ft.
31 and more units	2,000 sq. ft.

Configuration of Open Space.

Location on Site. Required open space areas:

(1)

Shall be designed to be easily accessible;

(2)

Shall be provided as continuous, usable site elements, which shall not include setback areas at ground level but may be contiguous to required setbacks; and

(3)

Intended to be private open space shall be at the same level as, and immediately accessible from, a kitchen, dining room, family room, master bedroom, or living room within the unit. Variations from these dimensional and locational standards may be allowed where it can be shown that the required private open space meets the intent and purpose of this section. Provision of private open space shall not reduce the common open space requirements of this section.

(4)

Private open space may be transferred to and provided as common open space area, provided that at least 50 percent of the units each provide a minimum of 50 square feet of private open space which has a minimum dimension of five feet in each direction. Alternately, the project may divide all common open space and add it to private open space areas. This shall not be available to projects utilizing any courtyard design incentives.

Rooftop Open Space. Private open space and up to 40 percent of the common open space may be located on a rooftop, provided that they:

(1)

Include substantial active or passive recreational facilities and landscaping as approved by the Director;

(2)

Are determined by the Director to be located and designed so as to not impair privacy or cause other nuisance problems for residents on the same site and on adjacent parcels; and

(3)

Comply with the limitations in subsection (A)(2)(c), below.

Dimensions. All open space areas shall be of sufficient size to be usable by residents.

(1)

Private open space areas shall have a minimum dimension of seven feet, and a configuration that would accommodate a rectangle of at least 100 square feet.

(2)

Common open space areas shall have a minimum dimension of 15 feet, which may include a combination of open space and adjacent setback area.

Elevation. A minimum of 60 percent of the required common open space shall be located at grade or the level of the first habitable floor.

Uncovered Areas Required. At least 33 percent of the perimeter of the private open space of each unit, or 100 percent of the roof of the open space of each unit, shall be open to the outdoors. Reference to this requirement shall be included in the Covenants, Conditions, and Restrictions of any common interest development.

Allowed Uses. Required common open space:

Shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each multi-family project; and

Shall not include driveways, public or private streets, or utility easements where the ground surface cannot be used appropriately for open space, parking spaces, or other areas primarily designed for other operational functions.

Maintenance and Control of Common Open Space. Required common open space shall be controlled and permanently maintained by the owner of the property or by a homeowners' association. Provisions for control and maintenance shall be included in any property covenants of common interest developments.

Surfacing. Open space areas shall be surfaced with any practical combination of lawn, paving, decking, concrete, or other serviceable material.

Landscaping. The applicant shall submit a landscape plan for approval by the Director. Landscape design, installation, and maintenance shall comply with Chapter 19.26 (Landscaping Standards).

Slope. Required open space areas shall not exceed a slope of 10 percent.

Facility and Design Requirements.

Accessory Structures. Accessory structures and uses (e.g., car washing areas, bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall incorporate a design, including materials and colors, similar to the dwelling units, and shall be located in an efficient manner in compliance with this subsection.

Address Numbers. Street address numbers shall be uniformly located throughout the project in compliance with Section 19.20.200 (Street Address Numbers). An address location map should be provided at the entrance to a development containing a minimum of 20 dwelling units.

Driveway Width. Driveway width shall be limited to a maximum of 24 feet or 40 percent of the parcel frontage, whichever is less.

Front Façade. At least 50 percent of the front façade of all buildings fronting public streets shall be habitable space. A project shall have at least one private entry into the façade adjacent to the right-of-way, with the entry at or within five feet of the finished grade.

Front yard paving. No more than 45 percent of the total area of the front yard setback shall be paved for walkways, driveways, and other hardcover pavement.

Laundry Facilities. All residential developments with five or more dwelling units shall provide common laundry facilities, except developments with facilities provided within each unit.

Keyed Access. Laundry facilities shall be provided with keyed access for "tenants only."

Location. The facilities shall be evenly disbursed throughout the multi-family development and easily accessible to all tenants.

Outdoor Lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 19.20.100 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. All proposed lighting shall be shown on the required landscape plan.

Storage Area. A minimum of 100 cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with a minimum dimension of 30 inches. The design, location, and size of the storage space shall be subject to the approval of the Director.

Television Antennas. Exterior television antennas other than satellite dishes less than one meter in diameter shall not be allowed, except that a single common, central antenna may be allowed, with underground cable service to all dwelling units. This restriction shall be included in any property covenants of a common interest development.

10.

Waste Diversion. Each project shall incorporate innovative designs, both interior and exterior, to make waste diversion more convenient and accessible to the occupants, in compliance with Section 19.20.180 (Solid Waste and Recyclable Materials Storage).

Courtyard Housing. The design and construction of multi-family residential developments as courtyard housing projects is encouraged. See Section 19.36.265 (Residential Uses - Courtyard Housing).

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 19-1072 § 12, 13, 2019)

All residential rental unit conversions shall comply with the following requirements, and those in Section 19.36.100(C) (Residential projects - Conversion of rental housing).

Eviction of Residents. Where a rental unit conversion requires an existing resident to vacate a unit, the action to vacate shall comply with the tenant eviction proceedings in Chapter 17.52 of the Municipal Code.

Conversion Back to Rental Units. Where any structure is converted back to residential rental units after having been converted from residential rental units to another use, the units shall be subject to stabilized rent levels in compliance with the city's Rent Stabilization Ordinance.

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001)

General Requirements for Accessory Structures Other than Garages in Rear Yards, Accessory Dwelling Units, and Junior Accessory Dwelling Units. Accessory structures may be located within a required rear setback in compliance with the following standards.

Limitation on Use. The structures may accommodate any use normally allowed by the applicable zoning district, except any type of detached living or sleeping quarters.

Location.

Setbacks. An accessory structure on a parcel that is 50 feet or more in width shall not be placed closer than five feet to any property line. An accessory structure may be located up to the property line on a parcel less than 50 feet in width or 100 feet in depth that is developed with a single-family dwelling or duplex, except where the accessory structure would abut another building on an adjacent parcel. In these cases, the accessory structure shall be located a minimum of three feet from the property line.

Exceptions. The following structures are exempt from the accessory structure setback requirements provided by subsection (A)(2)(a), above.

Planters. Planter boxes and masonry planters with a maximum height of 42 inches are allowed within all required setbacks.

ii.

Play Equipment, Pet Shelters. Children's play equipment, movable dog houses, and similar structures may be placed within a required rear setback without limitation on location.

iii.

Trash Enclosures. Trash enclosures may be placed within a required rear setback without limitation on location.

Distance Between Buildings. Buildings on a site shall comply with the separation requirements of Section 19.20.040.

Accessory Structures Attached to Garages. Accessory structures allowed within the rear yard may be attached to a garage located on a side or rear property line, provided that the non-garage uses comply with the setbacks required by this section.

Site Coverage. Roofed accessory structures shall not occupy more than 50 percent of the required rear setback, provided that the Planning and Development Services Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site, provided that:

The Planning and Development Services Director determines that the usability and location of the substitute area is equally satisfactory; and

The substitute area does not exceed a slope of 10 percent, and has no dimension less than 16 feet. The dimensions may include required side setback areas, but the required setback shall not be included when computing equivalent replacement area.

Height Limit. Accessory structures shall not exceed a height of 16 feet and one story.

Driveways, Walkways, and Patios. Driveways, walkways, patio slabs, and other areas paved with concrete, asphalt or similar materials, and wooden decks, may be placed in up to 50 percent of the area within any required setback, provided that the structures do not exceed a height of 12 inches. This requirement does not exclude the use of steps providing access between areas of different elevation on the same site. At least 50 percent of all setback areas shall consist of permeable surface. The Planning and Development Services Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50 percent is substituted elsewhere on the site.

Garage Sales. Garage sales shall be limited to two per calendar year per site, and a maximum of two days each following approval by the city.

Garages and Carports. To ensure design compatibility and to maintain the off-street parking supply in residential neighborhoods, the following standards shall apply to the construction, modification, or replacement of a garage or carport serving any residential use.

Location Requirements. A one-story attached or detached garage or carport may be located within required setbacks only as follows. Garages that do not comply with these requirements shall comply with all otherwise applicable setback requirements and height limits. The review authority may modify these location requirements upon showing of good cause.

Within Front Setbacks. A garage or carport may be placed within a required front setback only on a sloping parcel, where the difference in elevation between the street curb and natural grade at a point 25 feet from the front property line is five feet or more. These measurements shall be from a point midway between the side property lines.

The garage or carport shall not be closer than five feet to the front property line, or closer to a side property line than the setback required for the primary structure on the same parcel.

ii.

The garage or carport shall not exceed a height of 15 feet above the centerline of the adjoining street.

Within Side or Rear Setbacks. A garage or carport may be placed within a required side or rear setback provided that:

The structure is at least 75 feet back from the front property line, except that a carport attached to a single-family dwelling may be located not less than 25 feet from the front property line;

ii.

Where an alley provides vehicle access, the structure shall be located a minimum of 26 feet from the opposite right-of-way line of the alley;

iii.

On a reversed corner lot, the structure is set back from the street property line by the same distance as the required street side setback; and

iv.

If an attached carport is located within three feet of a side property line, the carport shall not have a depth of more than 20 feet.

Height Limit. The maximum height of a garage or carport shall not exceed 15 feet.

Site Coverage. No more than 50 percent of the required rear setback shall be covered by roofed structures, except as provided by subsection (A)(3).

Design Standards.

The structure shall be:

Properly sited on the subject parcel to:

(A)

Ensure a safe and efficient means of egress and ingress to and from the public right-of-way,

(B)

Minimize impacts (e.g., light, noise, odor, etc.) on adjacent residents, and parking spaces;

(C)

Not block the access to another dwelling unit's parking spaces;

ii.

Designed with the same architecture and exterior treatments as the main structure to ensure compatibility with the main structure;

iii.

Designed so that all roof drainage is to the same site;

iv.

Continually maintained for vehicle parking in compliance with its definition in Article 19-6 and the standards in Chapter 19.28 (Off-Street Parking and Loading Standards); and

In the case of a garage, provided with functional and openable garage doors to accommodate vehicle ingress and egress, that are continually maintained in good condition and working order.

The structure shall not contain any of the following:

Food preparation area or equipment;

ii.

Heating or air conditioning equipment;

iii.

Showers, tubs, or toilets;

iv.

Separate meters (e.g., electrical, gas, or water) or other service connections; or

Skylights.

Guard Railings, Safety Fences. Guard railings or safety fences for protection around depressed ramps may be placed within any required setback provided that:

An open-work railing or fence is used; and

The railing or fence does not exceed 42 inches in height.

Guest Houses. A guest house shall not be located within any required setback area, shall not exceed 400 square feet or a height of 15 feet, and shall not contain kitchen or other cooking facilities.

Mechanical Equipment. Ground-mounted air conditioners, swimming pool pumps, and related and similar equipment may be placed within required rear setbacks, provided that the equipment is:

Not closer than 30 inches to any property line; and

Six feet or less in height.

Satellite Dish Antennas. Satellite antennas are subject to the requirements of Section 19.36.350 (Telecommunications Facilities).

Swimming pools, spas, and hot tubs: see Section 19.20.150(F).

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 02-643 §§ 33, 34, 2003; Ord. 14-940 § 26, 2014; Ord. 19-1058 §§ 151, 152, 2019; Ord. 19-1097 § 9, 2020)

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

Required to correct a nonconforming zoning condition as a condition of approval. This provision does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

Definitions. As used in this section, terms are defined as follows:

"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. An accessory dwelling unit also includes the following:

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory structure"

means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities"

means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen"

means a kitchen that includes all of the following:

A cooking facility with appliances.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

"Junior accessory dwelling unit" or "JADU"

means a residential unit that satisfies all of the following:

It is no more than 500 square feet in size.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

It includes an efficiency kitchen, as defined in subsection (C)(4) above.

"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.

"Multi-family dwelling"

means a structure with two or more attached dwellings on a single lot.

"Nonconforming zoning condition"

means a physical improvement on a property that does not conform with current zoning standards.

"Passageway"

means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

Permitting Process.

Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it does not require a zone clearance, and is allowed with only a building permit in the following scenarios:

Converted on Single-Family Lot: One ADU as described in this subsection (D)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv.

The JADU complies with the requirements of Government Code Section 65852.22.

Limited Detached on Single-Family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above), if the detached ADU satisfies the following limitations:

The side- and rear-yard setbacks are at least four feet; and

ii.

The total floor area is 800 square feet or smaller; and

iii.

The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below.

Converted on a Lot with a Multi-Family Dwelling: One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units.

Limited Detached on a Lot with a Multi-Family Dwelling: No more than two detached ADUs on a lot that has an existing or proposed multi-family dwelling if each detached ADU satisfies the following limitations:

The side- and rear-yard setbacks are at least four feet. If the existing multi-family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi-family dwelling as a condition of approving the ADU.

ii.

The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.

Permits; Process and Timing.

Except as otherwise allowed under subsection (D)(1) above, no ADU may be created without a building permit and a Zone Clearance in compliance with subsections (E) and (F) below.

Building permit and Zone Clearance applications will be considered and approved ministerially, without discretionary review or a hearing.

The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

ii.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

Denial of an Application. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(2)(c) above.

Demolition Permit. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. No ADU or JADU that qualifies for ministerial approval under subsections (D)(1) or (D)(2) of this section shall be required to obtain a discretionary demolition permit under Chapter 19.50 of this Code.

Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in this Section 19.36.310 may be allowed by the city with the approval of a development permit, in accordance with Chapter 19.48 of this Code. Notwithstanding the foregoing, the city will not issue a development permit to allow a rooftop deck on an ADU.

Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

Unpermitted ADUs Constructed Before 2018.

Permit to Legalize. Notwithstanding Section 19.36.270, as required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

The ADU violates applicable building standards, or

ii.

The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Section 19.36.310).

Exceptions:

Notwithstanding subsection (D)(7)(a), the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

ii.

Subsection (D)(7)(a) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

General ADU and JADU Requirements.

Allowable Zoning Districts.

An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.

An ADU or JADU subject to a Zone Clearance under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.

Height.

A detached ADU created on a lot with an existing or proposed single family or multi-family dwelling may be up to 18 feet in height, plus up to two additional feet (for a maximum of 20 feet in height) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(b) may not exceed two stories.

For purposes of this subsection (E)(2), height is measured above existing legal grade to the peak of the structure.

Building Code.

Subject to subsection (E)(3)(b) below, all ADUs and JADUs must comply with all local building code requirements. See Title 13 (Buildings and Construction) of this Code.

Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(3)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

Rooftop Decks. Rooftop decks are prohibited on ADUs.

Fire Sprinklers.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Rental Term. ADUs and JADUs shall be subject to any restrictions on lease terms that apply to all residential dwelling units in the city, as set forth in Section 19.36.275 of this Code.

No Separate Conveyance. Except as otherwise provided by Government Code Section 65852.26, an ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

Owner Occupancy.

An ADU that is created after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (E)(8)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Planning and Development Services Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

Except as otherwise required by Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling associated with the ADU or JADU.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

The deed restriction runs with the land and may be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning and Development Services Director, providing evidence that the ADU or JADU has in fact been eliminated. Any building permits required in the removal must be approved prior to the Director's determination. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Planning and Development Services Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

The deed restriction is enforceable by the Planning and Development Services Director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

Specific Accessory Dwelling Unit Standards. The following requirements apply only to ADUs that require a Zone Clearance under subsection (D)(2) above, in addition to requirements in subsection (E) above.

Size.

The minimum size of an ADU or JADU is 150 square feet.

The maximum size of a detached or attached ADU is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing attached primary dwelling.

No application of the percent-based size limit in subsection (F)(1)(c) above or of an FAR or building separation requirement may require the ADU to be less than 800 square feet.

Setbacks.

An ADU subject to this subsection (F) must conform to four-foot side- and rear-yard setbacks.

No setback is required for an ADU that is subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of a lot in a single-family zone to exceed 0.5, subject to subsection (F)(1)(d) above.

Parking.

No off-street parking is required for ADUs.

No Replacement. When a garage, carport, or covered parking structure 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.

Historic Properties. Based on state law, ADUs shall be approved ministerially. Therefore, the applicable provisions of Chapter 19.58, Cultural Heritage Preservation do not apply. However, ADUs located on a property that is listed on the California Register of Historic Resources shall be located so as to not be visible from any public right-of-way.

Building Separation. Subject to subsection (F)(1)(d) above, a minimum six-foot separation is required between detached ADUs and other residential structures on a lot with a proposed or existing single-family or multi-family dwelling.

Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

Fees.

Impact Fees. No impact fee, as authorized by Chapter 19.64 of this Code, is required for an ADU or JADU.

Utility Fees.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

Except as described in subsection (G)(2)(a), converted ADUs on a single-family lot that are created under subsection (D)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

Except as described in subsection (G)(2)(a), all ADUs that are not covered by subsection (G)(2)(b) require a new, separate utility connection directly between the ADU and the utility.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Plumbing Code, upon the water or sewer system.

ii.

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 18-1021 § 12, 2018; Ord. 19-1058 §§ 153 – 155, 2019; Ord. 19-1097 § 10, 2020; Ord. 23-02 § 1, 2023)

To ensure design compatibility and to maintain the off-street parking supply in residential neighborhoods, the following standards shall apply to the construction, modification, or replacement of a garage or carport serving any residential use.

Location Requirements. A one-story attached or detached garage or carport may be located within required setbacks only as follows. Garages that do not comply with these requirements shall comply with all otherwise applicable setback requirements and height limits. The Review Authority may modify these location requirements upon showing of good cause.

The garage or carport shall not be closer than five feet to the front property line, or closer to a side property line than the setback required for the primary structure on the same parcel.

The garage or carport shall not exceed a height of 15 feet above the centerline of the adjoining street.

Within Side or Rear Setbacks. A garage or carport may be placed within a required side or rear setback provided that:

The structure is at least 75 feet back from the front property line, except that a carport attached to a single-family dwelling may be located not less than 25 feet from the front property line;

Where an alley provides vehicle access, the structure shall be located a minimum of 26 feet from the opposite right-of-way line of the alley; and

On a reversed corner lot, the structure is set back from the street property line by the same distance as the required street side setback.

If an attached carport is located within three feet of a side property line, the carport shall not have a depth of more than 20 feet.

Appearance.

Carports. Carport parking shall consist of a solid roof structure, lattice, overhang, or combination of these, that completely covers a parking stall. The Planning and Development Services Director may modify this standard for carports within three feet of property lines.

Garages. A two-car garage shall have minimum interior dimensions of 18 feet in width by 18 feet in length.

Restrictions on Residential Parking Within Residential Districts. The parking of automobiles and recreational vehicles in residential zoning districts shall comply with the following standards.

Location. Automobiles shall not be parked between the street property line and the front of a residential unit except on a driveway leading to a garage or carport, or a semi-circular driveway on a lot that has a minimum frontage width of seventy feet. Semi-circular driveways may be approved only when the driveway interior is landscaped, and where two curb cuts are approved by the Department of Public Works.

Recreational Vehicles. Recreational vehicles may be stored or parked within single-family residential districts only as follows:

Recreational vehicles may be stored only within the side or rear yard behind the front line of the residential unit or, in the case of a corner parcel, behind the front or street side line; and

Recreational vehicles may be temporarily parked on driveways in front of residences for not more than 24 continuous hours.

Enclosed or Covered Parking Required. All residential parking spaces shall be enclosed or covered, except for guest spaces and for parking for single-family dwellings (one unit per parcel) existing as of May 2, 2001, as follows:

Single-family dwellings shall be considered to conform with the parking requirements of this chapter if they have at least one covered space, and one tandem, uncovered space within the driveway of at least 18 feet in length. This applies to existing situations only. Covered parking may not be demolished and replaced with only one covered parking space, except as in subdivisions (2) and (3), below.

An existing two-car garage for a single-family dwelling may be demolished and replaced with a new one-car garage or carport and one tandem, uncovered space within the driveway, each at least 18 feet in length. Provided, that this shall not be permitted where the existing garage is viable because:

The garage interior is a minimum of 18 feet by 18 feet; and

The driveway leading to the garage is a minimum of eight feet wide.

Notwithstanding, if the garage is not viable and the driveway is narrower than eight feet and precludes construction of a carport, the garage may be demolished and not replaced.

On a property with a single family dwelling with one covered parking space and one uncovered parking space, the structure covering the space may be demolished and replaced with one covered parking space.

Guest Parking. Guest parking in residential zoning districts shall be designated and restricted, with appropriate signs and pavement markings, for the exclusive use of the guests, and if located within secured premises, shall be served by a tenant and visitor communications system. Guest parking may be uncovered.

Tandem Parking. Tandem parking shall be arranged to be no more than two spaces in depth.

Driveway Standards. Driveways providing site access shall be from an improved street, alley, or other right-of-way and shall be designed, constructed, and maintained as follows.

Driveway Location. Driveways shall be located as far away from intersections and as directly across from any existing driveway on the opposite side of the street as is practical. Whenever a site has access to more than one street, a driveway access shall be generally located on the street with the lowest traffic volume, where the impact of a new access will be minimized, provided that this location will not increase traffic impacts on residential neighborhoods. All proposed driveways are subject to approval by the City Engineer.

Number and Extent of Residential Driveways.

Number of Driveways – Mid-Block Parcels. As practical, the number of driveways shall be limited to one, provided that properties with more than 75 feet of street frontage may devote an additional 15 feet to a second driveway if the additional driveway is separated as much as is feasible from the main driveway, as approved by the Director of Public Works, and if the Director determines that the second driveway will not cause the loss of an on-street parking space in an area where such a loss would cause significant harm to the general public welfare.

Number of Driveways – Corner or Double Frontage Parcels. For corner and double frontage parcels with residential uses other than single-family dwellings and duplexes, one access on each frontage may be allowed if the City Engineer determines that two driveways are needed to provide safe access.

Driveway Width. Driveway pavement shall be limited to a maximum width of 24 feet, or 40 percent of the parcel width, whichever is less. Minimum driveway width shall be 10 feet.

Visibility Considerations. Driveways and driveway landscaping shall be designed to maintain visibility and minimize interference with passing pedestrians. Landscaping adjacent to a driveway and the walls of the building shall be designed not to interfere with motorists' views of the sidewalk and pedestrians' views of vehicles exiting the project.

(Ord. 02-643 § 35, 2003; Ord. 19-1058 §§ 156 – 158, 2019)

The following standards apply to new and remodeled single-family dwellings and duplexes on individual parcels. These standards are intended to minimize the impact of single-family dwelling and duplex alteration, construction, expansion, and replacement that would otherwise result in overbuilding on a typical single-family parcel. See also Table 2-3, in Section 19.06.040 (Residential Zoning District General Development Standards), and the Residential Design Guidelines.

Design Compatibility. Dwellings shall have exterior colors, forms, and materials that are consistent throughout and visually compatible with adjacent structures and the surrounding neighborhood, and meet the intent of the city's Residential Design Guidelines.

Driveway Width. Driveway width shall be limited to a maximum of 24 feet or 40 percent of the parcel frontage, whichever is less. Driveway width at property lines shall be limited to 10 feet.

Front Yard Paving. No more than 45 percent of the total area of the front setback shall be paved for walkways, driveways, and other hardcover pavement.

Nonconforming Residential Structures – Additions.

A single-family dwelling or duplex with a proposed addition that exceeds 500 square feet shall comply with applicable provisions of the Zoning Ordinance and shall not maintain nonconforming structure status.

Additions to existing structures may project into a required side yard of a residential structure that is nonconforming as to side yard requirements, provided the required side yard is not reduced to less than four feet due to the projection, and the additions maintain the actual existing setback of the structure to which it relates.

Siding. All dwelling units shall have exterior siding of brick, concrete, metal, stucco, wood, or other similar material. Vinyl or other plastic siding is prohibited.

Street-Facing Façade Requirements.

Minimum Street-Oriented Façade. Each dwelling shall be designed with at least 20 feet or 50 percent, whichever is more, of its street-facing façade containing habitable space. At least 50 percent of the street-facing façade at or near grade shall be for habitable space and entries.

Garage Integrated With Façade. The street-facing façade may include a garage entrance, provided that:

The garage occupies less than 50 percent of the frontage of the building;

The total street facing frontage of the building is at least forty feet where a two-car garage is proposed, and 30 feet where a one-car garage is proposed; and

The garage entrance to a two-car garage is divided into two single-car openings.

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 14-940 § 27, 2014)

Purpose. The purpose of this section is to regulate two-unit projects in the R1A and R1C Districts, in accordance with Government Code Section 65852.21.

Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in accordance with the requirements of this section.

Compliance with Other Regulations. All two-unit projects shall comply with all objective requirements of Section 19.36.320, Single-family dwellings and duplexes and any other applicable regulations in the Zoning Ordinance unless otherwise specified in this section, to the extent applicable.

Subdivision. Prior to undertaking any permissible urban lot split, as defined, consistent with state law and this Code, lots in the R1A and R1C Districts can be subdivided into two 5,000 square foot or more parcels. Lots 2,400 square feet or more can subdivide once into two lots of 1,200 square feet or more as authorized in the urban lot split regulations found in Section 20.04.051, and in that instance, the resulting parcels are permitted to each contain a two-unit project.

Application.

A Zone Clearance application is required for a two-unit project, in accordance with Chapter 19.42. The application shall be ministerially reviewed by the Planning and Development Services Director.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name, or a natural person that is a trustee of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

Requirements. A two-unit project must satisfy each of the following requirements:

Map Act Compliance. The lot split must conform to the Subdivision Map Act, if applicable.

Zone. The lot is in the R1A or R1C District.

Not Historic. The lot must not contain a cultural resource or be within a historic district included on the local register per Chapter 19.58 or State Historic Resources Inventory as defined in Section 5020.1 of the Public Resources Code.

No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

Housing that is income-restricted for households of moderate, low, or very low income.

Housing that is subject to any form of rent control.

Housing, or a residential lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060– 7060.7) at any time in the 15 years prior to submission of the application.

Housing that has been occupied by a tenant in the last three years, as confirmed through a sworn statement as to this fact with the application.

Unit Standards.

Quantity.

No more than two units of any kind (including a primary dwelling unit, a unit created under this section, or an ADU or JADU per Section 19.36.310) may be built on a lot that results from an urban lot split, per Section 20.04.051.

ii.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed per Section 19.36.310 of this Code or state law.

Unit Size/ FAR.

Two primary dwelling units are permitted up to 800 square feet each, or a total of up to 0.5 FAR, whichever is greater.

ii.

If there is an existing primary dwelling unit on site and there is no available FAR, the existing primary unit can be expanded to up to 800 square feet.

iii.

When adding a second primary dwelling unit, any development standard that hinders the ability to build two units up to 800 square feet, including FAR and setbacks, shall yield to the extent necessary.

Development Standards. Unless otherwise specified in this section, objective development standards are as required by Section 19.06.040.

Setbacks.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

ii.

Exceptions. Notwithstanding subsection (F)(5)(i) above:

(A)

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(B)

800 Square Feet; Four-Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line (or three feet if permitted by lot standards).

(C)

Distance Between Structures. No separation shall be required between units and/or structures within a two-unit project or between two resulting lots from an urban lot split.

Lighting. All exterior lighting must be limited to fully shielded down-lights.

Landscaping. Landscaping shall comply with all objective, applicable requirements of Chapter 19.26.

Parking. No parking is required for two-unit projects.

Driveways. The driveway width, and curb cut width shall be no more than 10 feet, regardless of access to multiple units.

Minimum Pathway to Each Primary Unit. A four foot wide pedestrian pathway is required to the front door of each unit from the right-of-way. The pathway may be shared with the driveway.

Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

Mechanical Equipment. Mechanical equipment shall be screened in accordance with Section 19.20.140.

Trash. Each resulting lot from an urban lot split shall have its own independent solid waste and recyclable materials storage, in accordance with Section 19.20.180. A two-unit project on a single lot can share solid waste and recyclable materials storage between the two units.

Separate Conveyance.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

Condominium airspace subdivisions and common interest developments are not permitted within the lot.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

Regulation of Uses.

Residential-Only. No non-residential use is permitted on the lot.

No Short-Term Rental. The dwelling units are subject to Section 19.36.331.

Long-Term Lease Required. When leased, dwelling units shall be rented for an initial period of at least one year, per Section 19.36.275.

Owner Occupancy. When an urban lot split occurs in accordance with Section 20.04.051, the owner is required to occupy one dwelling unit on either resulting lot as a primary residence for a minimum of three years. A signed affidavit shall be submitted as part of the application that confirms owner occupancy for at least three years following the lot split. Community land trusts and qualified nonprofit corporations are exempt.

Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

Expressly prohibits any rental of any dwelling on the property for an initial period of less than one year and requires compliance with Section 19.36.331.

Expressly prohibits any non-residential use of the lot.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

Where applicable, states that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

Recording of Documents Requirement.

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements, as necessary.

Specific Adverse Impacts. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation; or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

(Ord. 22-1181 § 9, 2022)

Purpose and Intent. This section establishes minimum standards for the location, construction, and operation of service stations prior to October 17, 2022 and the modification of existing service stations as of October 17, 2022. The intent of this section is to preserve the integrity and character of the area in which a service station is located and to ensure its compatibility with nearby land uses.

Limitation on Number. A maximum of two service stations shall be allowed at a street intersection.

Minimum Site Area. The minimum net site area shall be 15,000 square feet.

Frontage Width. At least one street frontage of the site shall have a minimum width of 150 feet.

Setbacks.

Structures adjacent to a residential zoning district shall be set back a minimum of 10 feet from the side and rear property lines abutting the residential district.

Pump islands shall be set back a minimum of 30 feet from any residential property line; however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

Access Driveways.

The site shall have no more than two vehicular access points to the public right-of-way.

Curb cuts along a street frontage shall be separated by a minimum of 30 feet.

Driveways shall not be located closer than 50 feet to the end of a curb return (corner) nor closer than 25 feet to a common property line.

Driveway width shall not exceed 30 feet, measured at the sidewalk.

Lighting. All light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that the service station shall be indirectly visible and light is deflected away from adjacent properties and public streets in compliance with Section 19.20.100 (Outdoor Lighting). Lighting shall not be of so high an intensity as to cause a traffic hazard, be used as an advertising element, or adversely affect adjoining properties. No luminary shall be higher than 15 feet above finished grade.

Oil Collection Centers. All service stations which have on-site service bays where routine auto maintenance tasks are performed shall:

Become a certified used oil collection center and accept used oil for recycling from patrons; and

Comply with all requirements for certified used oil collection centers as specified by the California Integrated Waste Management Act.

Product Display. The products offered for sale shall be displayed with consideration to their visual impacts.

Service Bays. Service bays shall be designed to minimize visual intrusion onto abutting properties and public rights-of-way.

10.

Signs. On-site signs shall comply with Chapter 19.34 (Sign Standards), and the requirements of Section 19.34.030 (Sign Standards by Zoning District) for service station signs.

11.

Site Layout. The cashier location shall provide direct visual access to the pump islands and to vehicles parked adjacent to the islands.

12.

Traffic Impacts. The facility shall include measures to mitigate vehicular traffic on any street in the immediate vicinity, especially those serving residential uses, and shall not create increased traffic hazards to pedestrians when located near a school, theater, place of worship, or other place of assembly.

13.

Convenience Stores. A new or existing service station may include an on-site convenience store, as an accessory use, developed under the following standards:

Maximum Floor Area. The floor area of the convenience store shall not exceed 1,000 square feet or 10 percent of the total site area, whichever is less, in order to ensure that the primary use of the site is for the sale of vehicle fuels and related products and services. The floor area within the convenience store used for the display and sale of take-out food and beverage products (e.g., coffee, sandwiches and other food items made to order and/or heated on the premises, donuts, etc.) shall not exceed 10 percent of the total floor area of the convenience store.

Additional Requirements for Modified or Expanded Stations. This section applies to all lawfully developed and operating service station uses in existence prior to October 17, 2022 or service station uses not yet developed and/or operating but subject to an approved an unexpired use permit. Any modification or expansion of an existing service station shall comply with all of the following standards:

Permit Requirement. The modification or enlargement of an existing nonconforming service station costing more than 25 percent of the appraised value of the existing building, as shown in the County Assessor's records, or $25,000, whichever is less, shall require conditional use permit approval (Chapter 19.52). The development standards and/or permit requirements set forth in this section may be modified as necessary if the proposed changes improve the environmental conditions (e.g., soil, safety, or other related changes) of the site, as determined by the Planning and Development Services Director.

Allowable Uses. Uses, products, and services allowed at service stations include:

The sale of batteries, petroleum, tires, and vehicle accessories;

The performance of vehicle maintenance and repairs, not including bodywork;

The supplying of other incidental patron services and products (for example, food and sundry products) related to vehicle care or travelers' needs;

Charging stations and/or other fuels and other supplying goods necessary for electric vehicles or zero emission vehicles; and

Other commercial uses that are not related to fossil fuel sales and provided for in the respective zoning district.

Prohibited Activities. Uses, products, and services prohibited at service stations include:

Auto body and fender work, dismantling, glass work, painting, and upholstery work;

Tire recapping, machine work, and welding.

Landscaping. The service station site shall be landscaped in compliance with Chapter 19.26 (Landscaping Standards), and the following requirements. The following requirements only apply to modification or expansion projects of $50,000 or greater value.

Minimum Area of Required Landscaping. The service station site shall be landscaped in compliance with the requirements in Section 19.28.100(B)(1) (Parking Lot Landscaping Performance Standards) and shall acquire 25 points through compliance with any combination of the landscaping features listed in Section 19.28.100(B), equaling or exceeding 25 points. The landscaping required by Section 19.28.100(B) shall be in addition to the perimeter landscaping as required below.

Perimeter Landscaping. A minimum five-foot wide (inside dimension) continuous planter area shall be provided along interior property lines and the sidewalk, except for driveway openings. Where the planter area is adjacent to a residential zoning district, the planter width shall be increased to six feet and trees shall be planted at least every 16 feet.

Corner Planter. A planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location. The portions of the corner planter in addition to the five-foot perimeter planting area may be included in the landscaping used to acquire the minimum number of points required by Section 19.28.100(B).

Screening Wall. A 42-inch high screening wall or hedge shall be provided between required street frontage landscaping strips and the interior of the service station site.

Common Property Line Landscaping. Landscaping shall be required along all common property lines with adjacent residential properties.

Additional Landscaping. Additional landscaping may be required by the Planning and Development Services Director to screen the service station from adjacent residential properties.

Location of Activities. All activities and operations, including the sale or exchange of new and used merchandise, shall be conducted entirely within the enclosed service structure, except:

The dispensing of petroleum products, air, and water from pump islands;

The provision of emergency service of a minor nature;

Vending machine sales, provided that no more than three machines shall be allowed, and the machines shall be placed next to and within 36 inches of the main structure, in a location shown on the approved site plan; and

The display of automotive merchandise on the pump islands, provided that the aggregate display area on each island shall not exceed 12 square feet and that the products shall be located in specially designed enclosed cases.

Noise. Noise from bells or loudspeakers, other noise acting as a signal or communication device, tools, compressors, air pumps, and other machinery, shall not be allowed where audible from residentially zoned property, schools, parks, places of worship, or other places of assembly.

Parking and Vehicle Storage. Off-street parking shall be provided in compliance with Chapter 19.28 (Off-Street Parking and Loading Standards), and the following requirements.

The outdoor storage of motor vehicles is prohibited. For the purposes of this section, outdoor storage shall mean the parking of a motor vehicle in an unenclosed area of the service station for longer than 24 hours, unless the vehicle is being serviced, in which case it may be parked for a maximum of 72 hours.

Vehicles shall not be parked on alleys, driveways, parkways, or sidewalks.

Vehicles shall not be parked on the premises for the purpose of vehicular sales.

Parking shall be located and screened so as to minimize visibility of parked vehicles from adjacent public rights-of-way.

Perimeter Wall Required. If a service station adjoins a residential zoning district, the owner of the station shall provide a perimeter wall if the total cost for the proposed modification or expansion project is more than 25 percent of the appraised value of the existing building, as shown in the County Assessor's records, or $25,000, whichever is less. The perimeter wall shall be decorative masonry and shall be constructed along the common property line with the residential zoning district. The height of the wall shall be at least six feet and no more than 10 feet as measured from the grade of the residential property. Colors, materials, textures, and design of the wall shall be compatible with on-site development and adjacent properties and shall be subject to the approval of the Planning and Development Services Director.

Public Service Facilities.

All service stations shall provide, at no charge during normal business hours, and continuously maintain, in usable and good working order, the following:

Restrooms for public use maintained in compliance with the standards of the Los Angeles County Health Department; and

ii.

Air pumps and radiator water and hoses for public use.

Existing service stations with these facilities shall provide them for public use.

10.

Restroom Screening. Restroom entrances viewable from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening subject to the approval of the Planning and Development Services Director.

11.

Site Maintenance.

Used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles shall not be located outside of the main structure.

A refuse storage area, completely enclosed with a masonry wall not less than five feet high with a solid gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located to be accessible to refuse collection vehicles, in compliance with Section 19.20.180 (Solid Waste and Recyclable Materials Storage).

Driveways and services areas shall be maintained and kept free of oil, grease, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled oil, grease, and other petroleum products without washing them into the drainage, gutter, and sewer systems.

12.

Pollution Prevention. Permit applications for new or modified service stations shall include plans to implement best management practices to eliminate discharge into storm drains in compliance with the city's NPDES criteria.

13.

Convenience Stores. An existing service station may include an on-site convenience store, as an accessory use, developed under the following standards:

Pedestrian Orientation. The convenience store shall be designed to be pedestrian oriented by providing storefront windows facing the public sidewalk. For existing service stations, the Planning Commission may grant an exception to this requirement.

Parking Requirements. The convenience store shall maintain a minimum of two off-street parking spaces for the patrons of the store.

Beer and Wine Sales. The sale of alcoholic beverages (beer and wine only) shall comply with Section 19.36.060 (Alcoholic Beverage Sales).

Extended Hours of Operation. The convenience store may operate as an extended hours business in compliance with Chapter 5.52 (Extended Hour Businesses).

14.

The development standards set forth in this section may be modified by the Planning and Development Services Director as necessary to install aboveground, enhanced vapor recovery phase II equipment as required by California Air Resources Board Vapor Recovery Advisory No. 359-EVR. The Planning and Development Services Director may modify a development standard upon sufficient showing by the applicant that the requested modification is necessary properly to install the vapor recovery equipment.

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 08-793 § 5, 2008; Ord. 17-1014 § 12, 2017; Ord. 19-1058 §§ 159 – 163, 2019; Ord. 22-1190 § 12, 2022)

Vacation Rentals Prohibited. No person shall offer, facilitate an offer, aid, or provide a vacation rental to any transient.

Advertisement. No person shall maintain, produce, post, or publish any advertisement of a vacation rental prohibited by this section. It shall be a violation of this section for any person to falsely advertise, produce, post, or publish, or aid or facilitate such action, any vacation rental showing a location of the vacation rental within the city, but where the actual vacation rental is located outside of the city.

Hosting Platform Responsibilities.

Hosting platforms shall not complete any booking transaction for any vacation rental in the city if the hosting platform receives a fee for the booking transaction.

Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the dwelling unit.

Safe Harbor. A hosting platform operating exclusively on the internet, which operates in compliance with this subsection, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this chapter.

The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).

Exception. This section shall not apply to home sharing that takes place in accordance with Chapter 5.66 of the West Hollywood Business License Code.

(Ord. 15-958 § 4, 2015; Ord. 18-1024 § 6, 2018; Ord. 20-1112 § 13, 2020; Ord. 23-20 § 5, 2023)

Standards for Single Room Occupancy. Pursuant to California Health and Safety Code Section 17958.1, single room occupancy housing shall be subject to the following standards:

Unit Size and Occupancy. The minimum size of a unit shall be 150 square feet and the maximum size shall be 400 square feet, which may include bathroom and/or kitchen facilities.

Common Area. A minimum of 10 square feet for each unit shall be provided for a common area. All common areas shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the city shall be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.

Management. The operator shall maintain a management plan that addresses management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures, and staffing needs, including job descriptions. A 24-hour resident manager shall be provided for any single-room occupancy use with 12 or more units. The management plan is subject to approval by the Planning and Development Services Director prior to issuance of Certificate of Occupancy.

Parking. Parking shall be provided as set forth in Chapter 19.28 of this Code.

Kitchen Facilities. Each unit shall contain a kitchen sink with a garbage disposal, serviced with hot and cold water, and a counter top measuring a minimum of 18 inches wide by 24 inches deep. If each individual unit does not contain a refrigerator and a microwave oven, a complete kitchen facility with at least a refrigerator, microwave oven, and sink with garbage disposal available for residents shall be provided on each floor of the structure.

Bathroom Facilities. For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

(Ord. 13-914 § 6, 2013; Ord. 19-1058 § 164, 2019)

Review Requirement.

Administrative Permit. An outdoor smoking area as accessory to any commercial use, where no alcoholic beverages are to be consumed in the outdoor area, shall require an administrative permit (Chapter 19.44).

Conditional Use Permit. An outdoor smoking area as accessory to any bar or nightclub, where alcoholic beverages are to be consumed in the outdoor smoking area, shall require a conditional use permit (Chapter 19.52).

Location Requirements.

Smoking areas shall be developed in compliance with an approved site plan indicating the maximum area designated as outdoor smoking area.

Seats, benches, ashtrays, and other outdoor smoking area components shall be located on the same site as the other facilities of the main establishment or on the adjacent public right-of-way. However, outdoor smoking areas shall be prohibited in public service alleys.

If any portion of the outdoor smoking area is to be located within a public right-of-way, tentative approval of an encroachment permit shall be obtained in compliance with Chapter 11.28 of this code, before approval of an administrative permit or a conditional use permit.

An outdoor smoking area shall not be located on the side of a building adjacent to a residential zone.

Hours of Operation. The hours and days of operation of the outdoor smoking area shall be determined by the review authority and shall be identified in the approved permit.

Landscaping. Some landscaping shall be included in the smoking area. A landscape plan for the outdoor smoking area may include the use of planter boxes and permanent vegetation, which shall be designed in consideration of the Landscape Design Guidelines, and shall comply with Chapter 19.26 (Landscaping Standards).

Lighting. Outdoor smoking areas shall incorporate lighting, which shall be installed to prevent glare onto, or direct illumination of, any residential property or uses.

Alcoholic Beverage Sales. A bar or nightclub that proposes to serve alcoholic beverages within an outdoor smoking area shall comply with the standards established by the state Department of Alcoholic Beverage Control. The smoking area shall be:

Physically defined and clearly a part of the establishment it serves; and

Supervised by an establishment employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

Operating Requirements.

Clean-Up Facilities and Maintenance. Outdoor smoking areas shall:

Be continually cleaned by the removal of litter and items which constitute a nuisance to public health, safety, and welfare; and

Contain ashtrays and waste receptacles for use by the public and establishment employees.

Placement of Outdoor Furniture. Outdoor furniture shall be placed only in the locations shown on the approved site plan.

Parking. The design installation and maintenance of on-site parking areas shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards).

Design Compatibility. The following standards are intended to ensure compatibility with surrounding uses and a high standard of design quality.

Outdoor smoking areas and associated structural elements, furniture, umbrellas, or other physical elements that are visible from the public right-of-way, shall be compatible with the overall design of the main structures.

The use of plants, outdoor furniture, and other human-scale elements is encouraged to enhance the pedestrian experience.

Consideration shall be given in outdoor smoking area design to avoid impacts to residential uses within 200 feet.

The review authority shall consider the relationship of outdoor smoking areas to hospitals, schools, and other similar uses. Proper mitigation measures should be applied to eliminate potential impacts related to glare, light, loitering, and noise.

Outdoor smoking areas shall not interfere with vehicular or pedestrian traffic flow.

Prohibited Activities. No dining, drinking, outdoor display or any other activities may occur in the designated smoking area. For outdoor dining areas in restaurants where the proprietor allows smoking, see Section 19.36.210. For outdoor areas otherwise permitted in nightclubs where the proprietor allows smoking, see Section 19.36.200.

Additional Standards. At the discretion of the review authority, the following additional standards may apply to outdoor smoking areas. The applicability of these standards shall be specified in the permit approving the outdoor smoking area.

Amplified sound and music may be prohibited within the outdoor smoking area.

Separation from adjacent uses by a physical barrier may be required, with the design to be approved by the review authority.

A sound buffering, acoustic wall may be required along property lines adjacent to the outdoor smoking area. The review authority shall approve the design and height of the wall.

In order to reduce noise emissions from the interior of the building, vestibules may be required at doors leading to smoking areas when the door faces residentially zoned property.

The review authority may require special smoke-collector devices to be installed in the outdoor smoking area.

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 02-643 § 36, 2003)

All supper clubs shall be established, maintained and operated in compliance with the following requirements:

Review Requirement. A supper club shall require approval of a minor conditional use permit (Chapter 19.52) subject to annual reviews by the Planning and Development Services Director.

Operating Requirements.

Food Service. Full meal service that includes main entrees in addition to appetizers and/or desserts and beverages shall be provided to all patrons.

Supper clubs shall operate with no more than three scheduled banquet seatings for full meal service per night with required half-hour intervals between the end of one seating and the beginning of another on any day when entertainment is being provided.

Each patron shall have a seat at a table with food service during all hours of operation.

Full meal service shall be available during all operating hours.

No alcohol shall be served to a patron without full meal service except at the designated bar area.

Conduct of Patrons. The supper club management shall ensure the following to encourage appropriate patron conduct and respect of residents in surrounding residential neighborhoods:

Make an announcement audible to all patrons at closing requesting patrons to respect the residents of the adjacent residential neighborhoods by being quiet when leaving;

Post signs at locations clearly visible within the supper club and at both on and off-site parking areas, asking patrons to respect residents of adjacent residential neighborhoods by being quiet when leaving and reminding patrons of the existence of permit parking districts within the neighborhoods adjacent to the supper club;

Patrons shall not be allowed to bring alcohol onto the premises;

No queuing shall be allowed outside the supper club.

Entrance Requirements. The supper club shall not charge an entry, and there shall be no age restriction for entry.

The supper club shall comply with an imposed occupancy limit that does not exceed the number of people who can be seated at the dining tables. Maximum occupancy shall be stated in permit and subject to review and approval of the Building Director and Fire Marshall. The Director may impose an occupancy limit that is less than that approved by the Fire Marshall;

The supper club shall maintain an accurate and current count of all persons/occupants at all times.

Noise. The supper club shall be adequately soundproofed so that interior noise is not audible at or beyond the property line with the doors closed.

Interior Design Requirements.

Bar Area. The total bar area shall not exceed 100 square feet, or 10 percent of the total gross floor area of the supper club tenant space whichever is greater.

Dance Floor and Live Entertainment Area. The combined dance floor and live entertainment area shall not exceed 300 square feet, or 20 percent of the total gross floor area of the supper club tenant space whichever is greater.

Entertainment.

Dancing and live music are subject to approval of an entertainment business license; and

There shall be no promoters for parties or events unless allowed with a special event permit.

(Ord. 06-741 § 6, 2006; Ord. 19-1058 §§ 164, 165, 2019)

Applicability. The provisions of this section apply to all antennas within the city, except the following, which are allowed in all zoning districts and are exempt from permit requirements:

Satellite antennas with a maximum diameter of one meter (39 inches) for residential installations, and two meters (78 inches) for commercial satellite earth stations, which are instead regulated by federal law; and

Non-satellite residential television and radio antennas, except within multi-family projects and common interest developments. Within multi-family projects and common interest developments, individual antennas shall be prohibited outside of any dwelling unit. The declaration, cooperative housing corporation by-laws, or proprietary lease shall provide either for a central antenna with connection to each unit via underground or internal wall wiring or each unit shall be served by either a cable antenna service provided by a company licensed to provide the service within the city or by an effective antenna located wholly within the dwelling unit.

Satellite Antennas. Satellite antennas intended for on-site reception with no off-site transmission, including portable units and dish antennas other than those exempted above, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC), and this section, when these provisions are not in conflict with applicable federal and state regulations.

Painting. Antennas and supporting structures shall be painted a single, neutral, non-glossy color (e.g., earth-tones, black, gray, etc.) and, to the extent possible, compatible with the appearance and character of the buildings on the site, and the surrounding neighborhood.

Height Limits and Roof Coverage. Satellite antennas are subject to the height limits and roof area coverage limitations set forth in Section 19.20.080.

Residential Zoning Districts. Antennas in a residential zoning district shall comply with the following standards. The Planning and Development Services Director may modify these requirements if strict compliance would result in no or poor satellite reception.

Limitation on Number. Only one antenna may be allowed on any parcel.

Placement on Ground Required. Satellite dish antennas that are not exempt from these provisions in compliance with subsection (A)(1) above, shall be ground-mounted.

Diameter. The diameter of a ground-mounted antenna shall not exceed six feet; the diameter of a non-exempt roof-mounted antenna shall not exceed six feet.

Height. The highest point of a ground-mounted antenna shall not exceed six feet above finished grade.

Setbacks. The dish shall be located only within the rear yard, at least five feet from the rear lot line, and 15 feet from the street side lot line of a corner parcel.

Screening.

(1)

Ground-mounted antennas shall be separated from adjoining properties by a minimum six-foot high solid fence or wall, or by plants or trees of equal minimum height, approved by the Planning and Development Services Director.

(2)

Roof-mounted antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the screening shall be subject to approval by the Planning and Development Services Director. Screening materials shall be architecturally compatible with the rest of the structure.

Non-Residential Zoning Districts. Antennas in non-residential zoning districts may be roof- or ground-mounted, and shall comply with the following standards. The Director may modify these requirements if strict compliance would result in no or poor satellite reception.

Location. If ground-mounted, an antenna shall not be located between a structure and an adjoining street, and shall be screened from the view of the public right-of-way and neighboring parcels.

Diameter. Antenna diameter shall not exceed 12 feet.

Height. A roof-mounted antenna shall not project more than 10 feet above the roofline.

Setbacks. A ground-mounted antenna shall comply with the setback requirements of the applicable zoning district; a roof-mounted antenna shall be set back from the edge of the roof by one foot for every foot that the height of the antenna projects above the roofline.

Cellular Wireless Telephone Antennas. Cellular wireless telephone antennas, including rooftop supporting structures and related ground-mounted structures and equipment shall be located, designed, constructed, and maintained in compliance with the following standards.

Site Selection Order of Preference. An application for the approval of a cellular wireless communication facility shall include written documentation provided by the applicant which demonstrates a good faith effort in locating facilities in compliance with this subsection. Cellular wireless communication facilities shall be located in the following order of preference:

On existing buildings (e.g., a rooftop, church steeple, rooftop stairwell or equipment enclosure, etc.);

In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or

On parcels without significant visual mitigation required.

Location Criteria for All Wireless Communication Facilities. Cellular wireless communication facilities shall not be established within a front or street side yard in any zoning district.

Standards for Facilities in the R4 Zoning District.

Wireless transmission facilities shall be allowed only if located on the rooftop of a building that is at least 80 feet in height or attached to the side of a rooftop stairwell or other existing appurtenant rooftop structure on a building that is over 80 feet in height.

All wireless transmission facilities shall be screened from views of adjacent uses and streets and shall be located so as to minimize the impact on the views of other nearby residential buildings.

Placement of wireless transmission facilities on rooftops shall comply with Section 19.20.080 (Height Measurement and Exceptions).

In order to encourage co-location, there shall be no less than 1,000 feet, measured from lot line to lot line, between properties on which the facilities are located.

Co-Location. City agencies, special districts, and utility providers shall encourage and allow "co-location" of cellular equipment on appropriate structures and towers subject to reasonable engineering requirements.

Height Limit. The maximum height of an antenna located on the roof of a structure shall not project more than 10 feet above the roofline; the antenna shall be set back from the roof edge by one foot for each foot of projection above the roofline.

Painting. The equipment and supporting structure shall be painted a single, neutral, non-glossy color (e.g., earth-tones, black, gray, etc.) to match or be compatible with the building and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

Side Yards. Equipment shall not be located within any front or street side setbacks in any zoning district, and shall not extend beyond the property lines.

Unused or Obsolete Equipment. Unused or obsolete equipment or towers shall be removed from the site within 30 days after their use has ceased.

Single Pole/Tower Amateur Radio Antennas. All single pole/tower amateur radio antennas shall be designed, constructed, and maintained as follows:

The antenna shall not exceed the maximum height determined by the review authority to be necessary to achieve effective transmission and reception. The applicant shall provide information and fund any expert evaluation required by the review authority to document the minimum height required, including the improvements needed to ensure against interference impacting neighbors' reception, to the satisfaction of the review authority;

Any boom or other active element or accessory shall not exceed 25 feet in length;

The antenna may be roof or ground mounted; and

The antenna shall not be located in any front or side setbacks.

Effects of Development on Antenna Reception. The city shall not be liable if subsequent development impairs antenna reception.

(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 02-643 § 37, 2003; Ord. 19-1058 § 166, 2019)