This chapter provides minimum standards for site planning, development,
and the operation of specific land uses and activities.
(Ord. 01-594 § 2, 2001)
Each land use for which this chapter provides standards is subject
to the following requirements.
A.
Compliance with Standards Required. Each land use permit
shall include conditions to ensure that a use complies with the requirements
of the sections applicable to that specific use, in addition to all
other applicable provisions of this Zoning Ordinance.
B.
Allowed Locations. Each land use shall be established only
where allowed by Article 19-2 (Zoning Districts and Allowable Land
Uses).
(Ord. 01-594 § 2, 2001)
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.
A.
Relationship to Primary Use.
1.
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.
2.
Public
Access. Public access to the accessory use shall only be from within
the structure which houses the primary use.
3.
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.
B.
Commercial Zoning Districts.
1.
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.
2.
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.
C.
Criteria for Approval. An accessory manufacturing, retail,
or service use shall be allowed only where the Community Development
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.
D.
Allowable Incidental Business Activities.
1.
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:
a.
Book or poetry readings in a café, restaurant, or bar;
b.
Fashion show in a café, restaurant, or bar;
c.
Karaoke in a café, restaurant, bar, or nightclub;
d.
Parlor games or party games in a café, restaurant, or bar;
e.
Stand-up performances, such as by comedians or magicians in a café,
restaurant, or bar;
f.
Live, unamplified background music in a retail store, gallery, restaurant,
or café; and
g.
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.
3.
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).
4.
Permit
Required. The incidental activities allowed by this section shall
require city approval as follows.
a.
For an activity that will occur once a week, the Community Development Director's approval of an administrative permit in compliance with Chapter 19.44.
b.
For an activity that will occur more than once a week, the Community Development Director's approval of a minor conditional use permit in compliance with Chapter 19.52.
|
The Community Development 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.
|
5.
Development
Standards. In order for the Community Development Director to determine
that the accessory use is truly "incidental," all incidental activities
shall comply with the following operational standards:
a.
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.
b.
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 Community
Development Director determines that the use will have no impacts
on surrounding residential or commercial uses.
c.
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.
d.
Admission Charges. There shall not be admission charges to enter
the business or any other cover charges based on the incidental activity.
f.
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.
g.
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; Ord. 24-16, 6/24/2024)
A.
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.
B.
Child Day Care Center Standards.
1.
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.
2.
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.
3.
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.
4.
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 Community Development Director that adequate, secure separation
exists between the pool or spa and the facilities used by the children.
C.
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; Ord. 24-16, 6/24/2024)
A.
Application Processing.
1.
Processing
Time. The Community Development 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.
2.
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.
B.
Location Criteria. A proposed adult business shall be located
in compliance with the following requirements.
1.
The
use shall not be located within a 750-foot radius of any other adult
business located within the city.
2.
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.
3.
The
use shall not be located within a 250-foot radius of any residentially
zoned property located within or outside the city.
C.
Development and Performance Standards. Adult businesses
shall comply with the following requirements:
1.
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.
2.
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.
3.
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.
4.
Other
Standards. The proposed use shall comply with all other applicable
property development and design standards.
D.
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; Ord. 24-16, 6/24/2024)
A.
Standards for All Sales Operations. Proposed on- and off-site
alcoholic beverage sales operations shall be designed, constructed,
and operated to:
1.
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;
2.
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
3.
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.
B.
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:
1.
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.
2.
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.
3.
The
interior of the premises shall be brightly lit.
4.
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.
5.
The
operator shall promptly report unlawful behavior observed within and
in the vicinity of the premises to the Sheriff's Department.
6.
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.
7.
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)
A.
Location Requirements. ATMs proposed on the exterior of
structures shall be:
1.
Set
back from an adjacent street curb by a minimum of eight feet;
2.
Located
a minimum of 30 feet from any property line corner at a street intersection;
3.
Located
to not eliminate or substantially reduce any landscaped areas;
4.
Located
to not allow drive-through access from a vehicle;
5.
Located
to not result in undue traffic congestion; and
6.
Located
to ensure the safety and security of patrons.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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 Community Development 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; Ord. 24-16, 6/24/2024)
A.
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
|
B.
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)
A.
Permitted Locations. Bed and breakfast inns (B&Bs) or
urban inns (UIs) shall be permitted only in the following areas:
1.
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.
2.
UIs
are permitted on San Vicente Boulevard in R3, R4 or commercial zones
or in accordance with the terms of an approved development agreement.
3.
B&Bs
are permitted in any commercial zone, but are not permitted in the
public facilities zone.
B.
Operating Criteria. Bed and breakfast inns and urban inns
shall comply with the following operating requirements:
1.
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.
2.
Food
Service. Food service shall be limited to registered inn guests only.
No restaurant shall be permitted in any B&B or urban inn.
3.
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.
C.
Development and Performance Standards. B&Bs and urban
inns shall comply with the following requirements.
1.
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.
2.
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.
3.
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.
4.
Parking. Parking shall be provided in compliance with Section 19.28.040(E) and Table 3-6, and all of the following shall apply:
a.
Tandem parking may be used to meet the parking requirement.
b.
Off-site parking may be used to meet the parking requirement, subject
to a parking use permit.
c.
Required parking need not be covered, but must be clearly marked
and unobtrusive to neighboring residents.
d.
No parking shall be permitted within the front yard setback.
D.
Bed and Breakfast Specific Standards.
1.
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:
2.
Common
Areas. Each B&B is recommended to include common areas.
E.
Urban Inn Standards.
1.
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:
a.
The density permitted in the underlying zoning; or
b.
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.
2.
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.
3.
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)
A.
Location Criteria. An adult-use retail establishment shall
be located in compliance with the following requirements:
1.
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.
B.
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)
A.
Location Criteria. A cannabis consumption area shall be
located in compliance with the following requirements:
1.
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.
2.
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.
3.
The
consumption area may be co-located with an adult-use retail or a medical-use
dispensary location pursuant to local and state regulations.
B.
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.
C.
All cannabis consumption areas that allow smoking and vaping of cannabis shall comply with Section 7.08.030 Smoking Regulations of the municipal code.
D.
No
sales of tobacco products or smoking or ingesting of tobacco (i.e.
chewing tobacco) shall be allowed in a cannabis consumption area.
E.
No
alcoholic beverage sales or ingestion of alcohol products shall be
allowed in a cannabis consumption area.
(Ord. 17-1016 § 13, 2017)
A.
Location Criteria. A cannabis medical-use dispensary shall
be located in compliance with the following requirements:
1.
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.
B.
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)
A.
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:
B.
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 Community
Development 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 Community Development Director, shall be amended,
changed, or modified without first obtaining the written consent of
the Community Development Director.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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 Community
Development 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.
7.
Authorization
for Governmental Access and Enforcement. The CC&Rs shall include
the following provisions in addition to those identified above in
this section.
a.
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;
b.
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;
c.
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;
d.
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;
e.
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
f.
Any other provisions which theCommunity Development 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.
8.
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 Community Development
Director. To that end, the amendment shall not be effective unless:
a.
The text of the amendment shall have been submitted to the city 60
days before its adoption by the owners;
b.
The city has either approved the amendment or failed to disapprove
it within the 60-day period; and
c.
The recorded or other instrument effecting the amendment shall recite
that it was submitted and approved or not disapproved in compliance
with this subsection.
9.
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:
a.
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;
b.
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
c.
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.
C.
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).
1.
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.
2.
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.
3.
Eviction.
No tenant shall be evicted from any rental unit in an approved conversion
except in compliance with the city's Rent Stabilization Ordinance.
4.
Pest
Control Report. The applicant shall cause a pest control report and
notice of completion for the structure by a licensed pest control
contractor.
5.
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.
D.
Airspace Subdivisions.
1.
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.
2.
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 Community Development 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 Community Development Director and City Attorney.
3.
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; Ord. 24-16, 6/24/2024)
A.
General Standards. All congregate care and senior residential
projects are subject to the following standards.
1.
Incentives
for Senior Projects.
a.
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.
|
b.
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.
2.
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.
3.
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.
B.
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.
1.
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.
2.
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.
3.
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.
C.
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.
1.
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.
2.
Access,
Safety, and Security Features Required.
a.
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;
b.
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 Community
Development Director;
c.
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
d.
Project Security. The entire project shall be designed to provide
maximum security for residents, guests, and employees.
3.
Common
Facilities.
a.
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.
b.
Optional Facilities. The project may provide one or more of the following
specific common facilities for the exclusive use of the residents:
4.
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).
a.
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.
b.
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.
5.
Transit
Facilities.
a.
A bus loading zone and shelter along the public street frontage shall
be provided if the facility is on an established bus route; and
b.
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; Ord. 24-16, 6/24/2024)
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)
A.
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.
C.
Standards for Emergency Shelters. Emergency shelters shall
be subject to the following standards:
1.
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.
2.
A
minimum distance of 300 feet shall be maintained from any other emergency
shelter.
3.
The
maximum stay at the facility shall not exceed 180 total days in a
365-day period.
4.
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.
5.
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.
6.
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.
7.
Security
personnel shall be provided during operational hours whenever clients
are on the site and when people are waiting outside the facility.
8.
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.
10.
The shelter may provide the following services and facilities to
occupants in a designated area separate from the sleeping areas:
a.
A recreation area either inside or outside the shelter. If located
outside, the area shall be screened from public view.
b.
A counseling center for job placement, educational, health care,
legal, or mental health services.
c.
Laundry facilities to serve the number of occupants at the shelter.
d.
Kitchen for the preparation of meals.
e.
Dining hall.
f.
Client storage areas (i.e., for the overnight storage of bicycles
and personal items).
g.
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 Community Development
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.
D.
The proposed shelter operator shall demonstrate compliance with the requirements of subsection C by providing the Community Development 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 Community Development 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 Community Development 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 Community Development 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.
E.
Any
emergency shelter must operate in accordance with the terms of the
shelter management plan approved by the Community Development Director,
this Code, and the approved Conditional Use Permit, if applicable.
F.
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; Ord. 24-16, 6/24/2024)
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.
A.
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.
1.
Allowed
Home Businesses. The following uses may be approved by the Community
Development Director in compliance with this section:
a.
Art and craft work (ceramics, painting, photography, sculpture);
b.
Clothing production, sewing;
c.
Computer and telecommunications-based services, including information
processing and telemarketing;
d.
Individual instruction and counseling, including music lessons for
individual pupils, tutoring, and counseling;
e.
Office-type uses, including an office for an architect, attorney,
consultant, insurance agent, musician, planner, technical advisor,
or writer;
f.
Cottage food operations;
g.
Any other use that may, as determined by the Community Development
Director, be of the same general character as those listed above,
and not objectionable or detrimental to surrounding properties and
the neighborhood.
2.
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:
a.
Adult businesses;
b.
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;
c.
Beauty shops and barber shops;
d.
Catering;
e.
Dance or night clubs;
f.
Massage therapy;
g.
Medical and dental offices, clinics, and laboratories (not including
counselors and psychotherapists);
h.
Personal self-storage (mini storage);
i.
Retail sales, except for artist's originals or products individually
made-to-order on the premises;
j.
Storage of equipment, materials, and other accessories for the construction
and service trades;
k.
Vehicle repair (body or mechanical, including boats and recreational
vehicles), upholstery, automobile detailing and painting, and the
display for sale of any vehicle;
l.
Welding, machining, or manufacturing; and
m.
Any other use, as determined by the Community Development Director
not to be incidental to or compatible with residential activities.
B.
Permit Requirements.
1.
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).
C.
Operating Standards. Home businesses shall comply with all
of the following operating standards.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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; Ord. 24-16, 6/24/2024)
A.
Residential Zoning Districts.
1.
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:
a.
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;
b.
All public entrances to the facilities are from a lobby, hallway,
or other interior portion of the hotel or motel; and
c.
The facilities and signs advertising or identifying the facilities
shall not be visible from outside the hotel or motel.
2.
Expansion.
The expansion of an existing hotel is allowable, provided that:
a.
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;
b.
Hotel height and density shall be consistent with the underlying
residential zoning district;
c.
Hotel access shall be designed to not disrupt neighboring residential
areas; and
d.
The hotel complies with all applicable provisions of subsection (A)(1),
above.
3.
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.
a.
The proposed intensification shall not be detrimental to the residential
environment in the immediate neighborhood.
b.
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.
c.
The intensification of use shall be limited in hours of operation,
or designed and operated to avoid disruption of neighboring residents'
sleep.
d.
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.
B.
Commercial Zoning Districts.
1.
Site
Planning.
a.
The primary presence along the major public street frontage shall
be the structure and driveway approach, not the parking area.
b.
The façade shall enhance the pedestrian environment of the
street, and include pedestrian amenities.
c.
Delivery and loading areas shall be screened from and shall not be
disruptive to neighboring residential uses.
d.
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.
e.
Recreational facilities (e.g., swimming pools) shall be located where
guests may use them in some privacy.
f.
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.
2.
Structure
Design Requirements.
a.
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.
b.
Balcony, stairway, and walkway railings and other similar details
shall be visually substantial and stylistically compatible with the
basic design of the structure.
c.
Air conditioning units shall not project forward from walls and the
face grill or covering shall be integral and architecturally compatible
with the building.
d.
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)
A.
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.
B.
Location Requirements. Kiosks shall be:
1.
On
private property in commercial zones per Table 2-5 of the Commercial
Use Chart.
2.
In
multi-tenant projects of greater than 20,000 commercial square feet
with outdoor spaces of greater than 1,000 square feet.
3.
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.
4.
Located
in a manner that allows for proper handicap access around the entire
kiosk area.
5.
Kiosks
shall be stationary in an area designated by the approved site plan.
6.
Kiosks
shall be placed in areas that do not negatively impact pedestrian
views required by the Sunset Specific Plan.
C.
Architectural Design. All construction and modifications
to the kiosks shall:
E.
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.
F.
Lighting. Each kiosk shall be provided with lighting in compliance with Section 19.20.100. (Outdoor Lighting) or state law, whichever is most restrictive.
G.
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.
H.
Noise. No music or amplified noise shall be permitted to
emit from the kiosk.
I.
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.
J.
Business Tax Certificate. Each business operator of a kiosk
shall obtain a West Hollywood Business Tax Certificate.
K.
Food Sales. Any kiosk supplying food for sale shall obtain
proper Health Department licensing.
L.
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.
M.
Building Permits Required. Kiosks must obtain any applicable
building permits.
N.
Outdoor Dining. Any outdoor seating accessory to a food kiosk(s) shall meet the requirements of Section 19.36.210 (Outdoor Dining).
O.
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.
P.
Abandonment. Kiosks vacant for a period of more than three
months shall be removed.
Q.
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; Ord. 24-16, 6/24/2024)
A.
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.
B.
Design Standards. Live/work units shall comply with the
following standards:
1.
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.
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.
2.
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.
3.
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.
4.
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.
C.
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.
D.
Retail Sales. Retail space may be integrated with working
space.
(Ord. 01-594 § 2, 2001; Ord. 18-1022 § 15, 2018; Ord. 18-1041 § 8, 2018)
A.
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.
1.
Minimum
Site Area. The proposed parcels shall contain a minimum aggregate
area of 50,000 square feet.
2.
Zoning
District Limitations. Each residential parcel included in the project
shall be designated within the R3 or R4 zoning districts.
3.
Density.
The residential density of the residentially zoned portion of the
project shall not exceed that allowed by the applicable residential
zoning district.
4.
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:
5.
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.
6.
Design
Standards. A proposed mixed-use project shall be designed and constructed
to:
a.
Be compatible with and complement adjacent land uses;
b.
Maintain the scale and character of development in the immediate
neighborhood;
c.
Maintain or increase the existing number of residential units generally
and specifically those for seniors and low- and moderate-income households;
and
d.
Mitigate glare, light, noise, traffic, and other potential environmental
impacts to the maximum extent feasible.
e.
Be consistent with the goals and objectives of the Climate Action
Plan.
7.
Loss
of Neighborhood Commercial Uses. The project shall not reduce the
existing supply of commercial land uses serving the immediate residential
neighborhood.
8.
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.
9.
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.
B.
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:
1.
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.
2.
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.
3.
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.
4.
Existing
Alleys. Existing alleys shall be retained within the project.
5.
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.
C.
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:
1.
Maximum
Height. Each R4 residential parcel included in the project shall have
a maximum height limit of 45 feet, four stories.
2.
Maximum
Average Unit Size. No maximum average unit size shall be required
for each R3 or R4 residential parcel included in the project.
3.
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)
A.
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.
B.
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.
C.
Location of Facilities. Studio facilities shall comply with
the following location requirements.
1.
Major
Entries. Major entries shall be located within 50 feet of the primary
street frontage except where existing structures and uses prevent
this siting.
2.
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.
3.
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.
A.
Location Requirements. News and flower stands shall:
1.
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);
2.
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;
3.
Not
be located:
a.
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;
b.
Within 100 feet of any residential use within a residential zoning
district;
c.
Within 1,000 feet of another news or flower stand, or florist, provided
that this requirement may be reduced by the Community Development
Director if the proposed use is determined not to be detrimental to
public safety and welfare; or
d.
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 Community Development Director where the clear
passage provided is safe and adequate.
B.
Design and Construction Requirements.
1.
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.
2.
Shelving
shall not exceed eight feet in height nor two feet in depth.
C.
Maintenance. The news or flower stand shall be maintained
in a clean and neat condition and in good repair, at all times.
D.
Signs.
1.
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).
2.
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.
E.
Parking. In approving an outdoor news or flower stand, the
Community Development 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.
F.
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.
G.
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.
H.
Hours of Operation. Hours of operation of news and flower
stands shall be determined by the Community Development Director.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 142, 143,
2019; Ord. 24-16, 6/24/2024)
A.
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.
1.
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.
2.
Design
Standards. Neighborhood-serving commercial uses in the R3C-C and R4B-C
Zoning Districts shall meet the following requirements:
(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.
A.
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.
B.
Site Planning and Exterior Design.
1.
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.
2.
Entrances
and Exits.
a.
Main pedestrian entrances and exits shall be located only on public
streets in commercial zoning districts.
b.
Emergency exits shall be oriented toward commercial streets, unless
the applicant provides substantial evidence, to the satisfaction of
the Community Development Director, that this cannot be accomplished.
c.
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.
d.
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).
e.
Security personnel shall be provided at the main entrances and exits
whenever the nightclub is open for business.
f.
A vestibule may be required by the review authority to mitigate noise
impacts.
3.
Loading
and Receiving Areas. Loading and receiving areas shall be:
a.
Located in the area that least impacts adjacent uses; and
b.
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 Community Development Director, that this cannot be accomplished.
4.
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.
C.
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.
D.
Limitation on Outdoor Activities. All activities shall be
conducted entirely within the enclosed structure, except the following:
1.
The
checking of patrons' identification;
2.
Valet
parking activities;
3.
The
sale of admission tickets for current or future events;
4.
Eating,
drinking, or dancing when specifically allowed outside by a permit
issued by the department;
5.
Smoking, provided that smoking areas shall comply with the requirements of Section 19.36.340 (Smoking Areas); and
6.
An
orderly line of patrons waiting for admission. The club management
shall organize and maintain the patron queue to:
E.
Operating Requirements.
1.
Conduct
of Patrons. The nightclub management shall do the following to encourage
appropriate patron conduct:
a.
Make an announcement at closing requesting patrons to respect the
residents of the adjacent residential neighborhoods by being quiet
when leaving; and
b.
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.
2.
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.
3.
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.
4.
Solid
Waste. The management of the nightclub shall:
a.
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).
b.
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; Ord. 24-16, 6/24/2024)
A.
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."
B.
Location Requirements.
1.
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.
C.
Hours of Operation. The hours and days of operation of the
outdoor dining area shall be identified in the approved administrative
permit.
D.
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).
E.
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.
F.
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.
G.
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:
H.
I.
Design Compatibility. The following standards are intended
to ensure compatibility with surrounding uses and a high standard
of design quality.
1.
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.
2.
The
use of awnings, plants, umbrellas, and other human scale elements
is encouraged to enhance the pedestrian experience.
3.
Consideration
shall be given in outdoor dining area design to residential uses within
200 feet.
4.
The
relationship of outdoor dining areas to churches, hospitals, public
schools, and residential uses shall be considered by the Community
Development Director. Proper mitigation measures should be applied
to eliminate potential impacts related to glare, light, loitering,
and noise.
5.
Outdoor
dining areas shall maintain adequate vehicular or pedestrian traffic
flow.
J.
Additional Standards. At the discretion of the Community
Development 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.
1.
Amplified
sound and music may be prohibited within the outdoor dining area.
2.
Separation
by a physical barrier may be required, with the design to be approved
by the Community Development Director.
3.
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.
4.
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.
5.
Planters
may be made out of wood, ceramics, stone, or metal. Plastic planter
boxes are prohibited.
6.
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 Community Development Director. Pipe
stanchions linked by chains are not permitted as a railing. Railing
designs must be submitted to the Community Development Director, the
City Engineer, and the Building Division for review and approval.
7.
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; Ord. 24-16, 6/24/2024)
A.
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.
B.
Enclosure Required. An outdoor area used for storage shall
be completely enclosed by a solid masonry wall and solid gate. The
Community Development Director may allow the substitution of a solid
fence, after determining that the substitution would adequately comply
with the provisions of this section.
2.
Walls abutting a right-of-way shall comply with Section 19.20.050(D) (Fences, walls, and hedges – Commercial zoning districts).
C.
Grading. All portions of outdoor storage areas shall have
adequate grading and drainage and shall be continuously maintained.
D.
Operations. All raw materials, equipment, or finished products
stored shall:
1.
Be
stored in a manner that they cannot be blown by wind from the enclosed
storage area;
2.
Not
be stored above the height of the enclosing wall or fence within 10
feet of the wall or fence;
3.
Not
be placed or allowed to remain outside the enclosed storage area;
and
4.
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.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 148, 2019; Ord. 24-16, 6/24/2024)
A.
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).
B.
Hours of Operation. The hours and days of operation of the
outdoor commercial uses shall be identified in the administrative
permit.
C.
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.
D.
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.
E.
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.
F.
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.
1.
Landscaping
in the form of planters or other similar structures shall be provided
within the commercial outdoor use area.
2.
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)
A.
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.
B.
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.
C.
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)
Reverse vending machines and small collection facilities may
be approved within commercial and public facilities zoning districts
subject to the following standards.
A.
Standards for All Recycling Facilities. All recycling facilities
shall comply with the following standards.
1.
Signs. Facilities shall be provided with identification and informational signs in compliance with Chapter 19.34 (Sign Standards).
a.
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;
b.
The facility shall be clearly marked to identify the name and telephone
number of the operator and the hours of operation; and
c.
Additional identification and directional signs, consistent with Chapter 19.34 (Sign Standards) and without advertising message, may be approved by the Community Development Director if determined to be necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
2.
Refuse
Disposal. The facility shall maintain adequate on-site refuse containers
for the disposal of non-recyclable and nonhazardous waste materials.
B.
Reverse Vending Machines.
1.
Accessory
Use Only. Machines shall be installed as an accessory use and shall
not require additional parking.
2.
Location.
Machines located outdoors shall not block display windows, occupy
required parking spaces, or interfere with pedestrian or vehicular
circulation.
3.
Materials.
Machines located outdoors shall be constructed of durable, waterproof,
and rustproof materials.
4.
Maximum
Size. Each installation shall not occupy more than 50 square feet
including any protective enclosure, and shall not exceed eight feet
in height.
5.
Signs.
The machines shall have a maximum sign area of two square feet, exclusive
of operating instructions.
6.
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).
7.
Hours
of Operation. Operating hours shall be consistent with those of the
primary use, but may be limited to avoid impacts to neighboring residences.
C.
Small Collection Facilities.
1.
Location
Requirements. Small collection facilities shall:
a.
Be set back at least 10 feet from any public right-of-way, and not
obstruct pedestrian or vehicular circulation; and
b.
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.
2.
Maximum
Area. Small collection facilities shall not exceed 500 square feet.
3.
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).
5.
Parking
Requirements.
a.
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;
b.
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
c.
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.
6.
Operating
Standards. The facility shall:
a.
Accept only glass, metal or plastic containers, paper, and reusable
items;
b.
Not use power-driven processing equipment except for reverse vending
machines; and
c.
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; Ord. 24-16, 6/24/2024)
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.
A.
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:
1.
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.
a.
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.
b.
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.
c.
A loft and one ancillary room may be provided without increasing
the parking requirements for a courtyard unit.
d.
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.
e.
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.
f.
A semi-subterranean parking garage may be built to the side property
line but may not project into the required rear setback.
2.
Criteria
for Approval. The review authority may approve courtyard housing in
compliance with this section if it first finds that the project:
3.
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:
B.
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
|
1.
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.
2.
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.
3.
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:
a.
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;
b.
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
c.
An opening 15 feet wide or more shall be open to the sky.
4.
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:
a.
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;
b.
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
c.
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.
5.
Secondary
Courtyards. Secondary courtyards shall be allowed in compliance with
the following standards:
a.
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
b.
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.
C.
Courtyard Design Standards.
1.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
Openings that are 10 feet or more in width and 20 feet more in length
shall be open to the sky.
f.
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.
2.
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).
3.
Encroachments.
a.
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.
b.
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
D.
Courtyard Landscaping and Surfacing Standards.
1.
General Landscape Standards. Courtyard landscaping shall comply with Chapter 19.26 (Landscaping Standards), and the following standards.
a.
All courtyard landscaping shall be permanently maintained and irrigated
with an automatic system.
b.
Preferred courtyard and front yard ground covers are ones that may
be walked on, and are water-conserving.
c.
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.
d.
Benches, retaining walls, steps, and bench-type edges for planters
shall be provided.
2.
Specific
Landscaping and Surfacing Requirements. A courtyard shall only be
provided under the following three conditions, either alone or in
combination.
a.
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.
b.
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.
c.
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.
E.
Building Design.
1.
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.
2.
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.
3.
Access
to Individual Units.
a.
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.
b.
Shared entrances from the courtyard in the form of porches, recesses
in the structure, stairs, or stoops may serve no more than two units.
c.
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.
4.
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.
a.
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.
b.
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.
c.
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.
d.
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.
|
F.
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.
A.
Prior Existence. The applicant has submitted proof satisfactory
to the Community Development 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 Community
Development 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 reconversion 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.
B.
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 Community Development
Director in order to meet the minimum building code requirements for
legalization to occur, except as follows:
1.
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
15 feet and one story, and the Community Development Director may
further limit the height of new construction in a required yard to
prevent impacts to neighboring properties.
2.
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).
3.
Parking.
a.
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.
b.
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 Community Development
Director when feasible.
c.
In all other circumstances, parking requirements may be waived.
d.
In all cases, the Community Development 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.
4.
Compliance
with Other Standards. To the degree feasible, as judged by the Community
Development Director, compliance with otherwise applicable provisions
of the Zoning Ordinance has been maximized.
C.
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 Community Development Director.
D.
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
Community Development Director.
(Ord. 01-610 § 4, 2001; Ord. 19-1058 § 150, 2019; Ord. 24-16, 6/24/2024)
A.
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 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.
1.
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.
2.
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.
(Ord. 20-1112 § 12, 2020; Ord. 24-05, 7/15/2024)
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).
A.
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).
1.
Area Required. Private open space shall be provided at a ratio of 120 square feet per dwelling unit except for micro-units, which shall provide 70 square feet per dwelling unit pursuant to Section 19.36.327 (Residential Uses - Studio and Micro-Units). 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.
|
2.
Configuration
of Open Space.
a.
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.
b.
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.
c.
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, except for micro units where the configuration
must accommodate at least 70 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.
d.
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.
e.
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.
3.
Allowed
Uses. Required common open space:
a.
Shall be available for passive and active outdoor recreational purposes
for the enjoyment of all residents of each multi-family project; and
b.
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.
4.
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.
5.
Surfacing.
Open space areas shall be surfaced with any practical combination
of lawn, paving, decking, concrete, or other serviceable material.
6.
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).
7.
Slope.
Required open space areas shall not exceed a slope of 10 percent.
B.
Facility and Design Requirements.
1.
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.
2.
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.
3.
Driveway
Width. Driveway width shall be limited to a maximum of 24 feet or
40 percent of the parcel frontage, whichever is less.
4.
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.
5.
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.
6.
Laundry
Facilities. All residential developments with five or more dwelling
units shall provide common laundry facilities, except developments
with facilities provided within each unit.
7.
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.
8.
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.
9.
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.
(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).
A.
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.
B.
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)
A.
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.
1.
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.
2.
Location.
a.
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.
b.
Exceptions. The following structures are exempt from the accessory
structure setback requirements provided by subsection (A)(2)(a), above.
i.
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.
c.
Distance Between Buildings. Buildings on a site shall comply with the separation requirements of Section 19.20.040.
d.
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.
3.
Site
Coverage. Roofed accessory structures shall not occupy more than 50
percent of the required rear setback, provided that the Community
Development 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:
a.
The Community Development Director determines that the usability
and location of the substitute area is equally satisfactory; and
b.
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.
4.
Height
Limit. Accessory structures shall not exceed a height of 16 feet and
one story.
B.
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 Community Development Director may approve
additional coverage where a replacement open area equivalent to the
additional coverage over 50 percent is substituted elsewhere on the
site.
C.
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.
D.
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.
1.
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.
a.
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.
i.
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.
b.
Within Side or Rear Setbacks. A garage or carport may be placed within
a required side or rear setback provided that:
i.
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.
2.
Height
Limit. The maximum height of a garage or carport shall not exceed
15 feet.
3.
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).
4.
Design
Standards.
a.
The structure shall be:
i.
Properly sited on the subject parcel to:
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
v.
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.
F.
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.
H.
Satellite Dish Antennas. Satellite antennas are subject to the requirements of Section 19.36.350 (Telecommunications Facilities).
I.
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; Ord. 24-16, 6/24/2024)
A.
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B.
Effect of Conforming. An ADU or JADU that conforms
to the standards in this section will not be:
1.
Deemed to be inconsistent with the city's general plan and zoning
designation for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable density for the lot on which
the ADU or JADU is located.
3.
Considered in the application of any local ordinance, policy,
or program to limit residential growth.
4.
Required to correct a nonconforming zoning condition, as defined
in subsection (C)(9) below. This does not prevent the city from enforcing
compliance with applicable building standards in accordance with Health
and Safety Code Section 17980.12.
C.
"Accessory dwelling unit" or "ADU"
1.
2.
"Accessory structure"
"Complete independent living facilities"
"Efficiency kitchen"
"Junior accessory dwelling unit" or "JADU"
1.
2.
3.
4.
5.
"Livable space"
"Living area"
"Multi-family dwelling"
"Nonconforming zoning condition"
"Passageway"
"Proposed dwelling"
Definitions. As used in this section, terms are
defined as follows:
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 by Section 17958.1 of the California
Health and Safety Code; and
A manufactured home, as defined by Section 18007 of the California
Health and Safety Code.
means a structure that is accessory and incidental to a dwelling
located on the same lot.
means permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or
multi-family dwelling is or will be situated.
means a kitchen that includes all of the following:
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.
means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
means a structure with two or more attached dwellings on
a single lot.
means a physical improvement on a property that does not
conform with current zoning standards.
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
D.
Permitting Process.
1.
Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it does not require an ADU Permit, and is allowed with only a building permit in the following scenarios:
a.
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:
i.
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 sections
66333 through 66339.
b.
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 each
of the following limitations:
c.
Converted on Multi-Family Lot: 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 state 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.
d.
Limited Detached on Multi-Family Lot: No more than two detached
ADUs on a lot with a proposed multi-family dwelling, or up to eight
detached ADUs on a lot with an existing multi-family dwelling, if
each detached ADU satisfies all of the following:
i.
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.
iii.
If the lot has an existing multi-family dwelling,
the quantity of detached ADUs does not exceed the number of primary
dwelling units on the lot.
2.
Permits; Process and Timing.
b.
The city may charge a fee to reimburse it for costs incurred
in processing ADU permits, including the costs of adopting or amending
the city's ADU ordinance. The ADU permit processing fee is determined
by the Community Development Director and approved by the City Council
by resolution.
c.
Building permit and ADU permit applications will be considered
and approved ministerially, without discretionary review or a hearing.
d.
Subject to subsection (D)(2)(e) below, 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:
i.
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.
e.
The city must approve or deny an application for a detached
ADU within 30 days from the date a complete application is received
if either of the following conditions is met:
i.
The application uses a plan for an ADU that has been pre-approved
by the city within the current triennial California Building Standards
Code rulemaking cycle and is maintained on the city's list of pre-approved
plans; or
ii.
The application uses a plan identical to a prior application
for a detached ADU that was approved by the city within the current
triennial California Building Standards Code rulemaking cycle.
3.
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)(d) or the 30-day time period
established by subsection (D)(2)(e) above, as applicable.
4.
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.
5.
Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development 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, except for properties located in R-3 and R-4 zoning districts, where a rooftop deck may be permitted through a development permit, the city will not issue a development permit to allow a rooftop deck on an ADU.
6.
Nonconforming Zoning Code Conditions, Building Code Violations,
and Unpermitted Structures.
a.
Generally. 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.
b.
Unpermitted ADUs and JADUs Constructed Before 2020.
i.
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 or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
ii.
Exceptions:
(A)
Notwithstanding subsection (D)(6)(b)(i) above,
the city may deny a permit to legalize an existing but unpermitted
ADU or JADU that was constructed before January 1, 2020, if the city
makes a finding that correcting a violation is necessary to comply
with the standards specified in California Health and Safety Code
Section 17920.3.
(B)
Subsection (D)(6)(b)(i) above does not apply to
a building that is deemed to be substandard in accordance with California
Health and Safety Code Section 17920.3.
E.
General ADU and JADU Requirements. The following
requirements apply to all ADUs and JADUs that are approved under subsections
(D)(1) or (D)(2) above:
1.
Allowable Zoning Districts.
a.
An ADU subject only to a building permit under subsection (D)(1)
above may be created on a lot in a residential or mixed-use zone.
b.
An ADU subject to an ADU permit 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.
c.
In accordance with Government Code Section 66333(a), a JADU
may only be created on a lot zoned for single-family residences.
2.
Height.
a.
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.
b.
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.
c.
For purposes of this subsection (E)(2), the maximum allowable
height shall be measured as the vertical distance from the grade existing
at the time of project submittal to an imaginary plane located at
the allowed number of feet above and parallel to the existing grade
(see Figure 3-2).
 FIGURE 3-2
Height Measurement
|
3.
Building Code.
a.
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.
b.
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 Staff 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.
4.
Rooftop Decks. Rooftop decks are prohibited on ADUs. Notwithstanding
the foregoing, properties in R-3 and R-4 zoning districts may apply
for a development permit to construct an ADU with a rooftop deck in
accordance with subsection (D)(5) above.
6.
Rental Term. ADUs and JADUs shall be subject to any restrictions on lease terms that apply to all residential dwellings in the city, as set forth in Section 19.36.275 of this Code.
7.
Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Sections 66341 or 66342,
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).
a.
Any ADU that is sold or conveyed separately under Government Code Section 66342 shall comply with Government Code Section 66342 and with Section 19.36.100 (Common Interest Developments and Airspace Subdivisions) as well as Title 20 (Subdivision Regulations) of this Code.
8.
Owner Occupancy.
a.
ADUs created under this section on or after January 1, 2020
are not subject to an owner-occupancy requirement.
b.
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)(b) does
not apply if the property is entirely owned by another governmental
agency, land trust, or housing organization.
9.
Deed Restriction. Prior to issuance of a certificate of occupancy
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 Community Development 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:
a.
Except as otherwise provided in Government Code Sections 66341
or 66342, the ADU or JADU may not be sold separately from the primary
dwelling associated with the ADU or JADU. Any ADU that is sold or
conveyed separately pursuant to Government Code Section 66341 or 66342
shall not be used as a timeshare or fractional ownership.
b.
The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
c.
The deed restriction runs with the land and may be enforced
against future property owners.
d.
Any ADU that an applicant agrees to rent to very-low-, low-
or moderate-income households as part of a voluntary city ADU incentive
program shall restrict the unit as affordable for a minimum of 55
years.
e.
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 Community Development Director, providing evidence
that the ADU or JADU has in fact been eliminated. Any building permits
required in the removal must be approved, and work needs to be completed,
prior to the Community Development Director's determination. The Community
Development Director may then determine whether the evidence supports
the claim that the ADU or JADU has been eliminated. Appeal may be
taken from the Community Development 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.
f.
The deed restriction is enforceable by the Community Development
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.
F.
Specific Accessory Dwelling Unit Standards. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above, in addition to the requirements in subsection (E) above.
1.
Size.
a.
The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with two or more bedrooms.
b.
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 primary dwelling.
c.
Application of other development standards in this subsection (F), such as FAR, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) above or of an FAR, building separation, or front setback, requirement may require the ADU to be less than 800 square feet.
3.
Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of a lot in R1-A, R1-B, or R1-C zoning districts to exceed 0.5, subject to subsection (F)(1)(c) above.
4.
Parking.
5.
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.
6.
Building Separation. Subject to subsection (F)(1)(c) 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.
7.
Passageway. No passageway, as defined by subsection (C)(10)
above, is required for an ADU.
8.
Architectural Requirements.
a.
The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
b.
No window or door of the ADU shall have a direct line of sight
into a window or door of a structure on an adjoining residential property.
Each window and door must either be located where there is no direct
line of sight or screened using fencing, landscaping, or privacy glass
to prevent a direct line of sight.
G.
Fees.
1.
Impact Fees. No impact fee, as authorized by Chapter 19.64 of this Code, is required for an ADU or JADU.
2.
Utility Fees.
a.
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.
b.
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.
c.
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. All utilities
that are not provided by the city are subject to the connection and
fee requirements of the utility provider.
i.
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 Uniform 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; Ord. 24-16, 6/24/2024; Ord. 25-04, 2/18/2025)
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.
A.
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.
1.
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.
a.
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.
b.
The garage or carport shall not exceed a height of 15 feet above
the centerline of the adjoining street.
2.
Within
Side or Rear Setbacks. A garage or carport may be placed within a
required side or rear setback provided that:
a.
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;
b.
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
c.
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.
d.
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.
B.
Appearance.
1.
Carports.
Carport parking shall consist of a solid roof structure, lattice,
overhang, or combination of these, that completely covers a parking
stall. The Community Development Director may modify this standard
for carports within three feet of property lines.
2.
Garages.
A two-car garage shall have minimum interior dimensions of 18 feet
in width by 18 feet in length.
C.
Restrictions on Residential Parking Within Residential Districts. The parking of automobiles and recreational vehicles in residential
zoning districts shall comply with the following standards.
1.
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.
2.
Recreational
Vehicles. Recreational vehicles may be stored or parked within single-family
residential districts only as follows:
a.
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
b.
Recreational vehicles may be temporarily parked on driveways in front
of residences for not more than 24 continuous hours.
D.
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:
1.
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.
2.
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:
a.
The garage interior is a minimum of 18 feet by 18 feet; and
b.
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.
|
3.
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.
E.
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.
F.
Tandem Parking. Tandem parking shall be arranged to be no
more than two spaces in depth.
G.
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.
1.
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.
2.
Number
and Extent of Residential Driveways.
a.
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.
b.
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.
c.
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.
3.
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; Ord. 24-16, 6/24/2024)
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.
A.
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.
B.
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.
C.
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.
D.
Nonconforming Residential Structures – Additions.
1.
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.
2.
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.
E.
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.
F.
Street-Facing Façade Requirements.
1.
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.
2.
Garage
Integrated With Façade. The street-facing façade may
include a garage entrance, provided that:
a.
The garage occupies less than 50 percent of the frontage of the building;
b.
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
c.
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)
A.
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.
B.
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.
C.
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.
D.
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.
E.
Application.
1.
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 Community Development Director.
2.
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).
F.
Requirements. A two-unit project must satisfy each of the
following requirements:
1.
Map
Act Compliance. The lot split must conform to the Subdivision Map
Act, if applicable.
2.
Zone.
The lot is in the R1A or R1C District.
3.
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.
4.
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:
a.
Housing that is income-restricted for households of moderate, low,
or very low income.
b.
Housing that is subject to any form of rent control.
c.
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.
d.
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.
5.
Unit
Standards.
b.
Unit Size/ FAR.
i.
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.
c.
Development Standards. Unless otherwise specified in this section, objective development standards are as required by Section 19.06.040.
d.
Setbacks.
i.
Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
ii.
Exceptions. Notwithstanding subsection (F)(5)(d)(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.
e.
Lighting. All exterior lighting must be limited to fully shielded
down-lights.
f.
Landscaping. Landscaping shall comply with all objective, applicable requirements of Chapter 19.26.
g.
Parking. No parking is required for two-unit projects.
h.
Driveways. The driveway width, and curb cut width shall be no more
than 10 feet, regardless of access to multiple units.
i.
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.
j.
Utilities. Each primary dwelling unit on the lot must have its own
direct utility connection to the utility service provider.
6.
Separate
Conveyance.
a.
Primary dwelling units on the lot may not be owned or conveyed separately
from each other.
b.
Condominium airspace subdivisions and common interest developments
are not permitted within the lot.
c.
All fee interest in the lot and all the dwellings must be held equally
and undivided by all individual property owners.
7.
Regulation
of Uses.
a.
Residential-Only. No non-residential use is permitted on the lot.
c.
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.
d.
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.
8.
Deed
Restriction. The owner must record a deed restriction, acceptable
to the city, that does each of the following:
a.
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.
b.
Expressly prohibits any non-residential use of the lot.
c.
Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common interest
development within the lot.
d.
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.
G.
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; Ord. 24-16, 6/24/2024)
This section provides development and operational standards for studio units and micro-units within housing developments, as defined in Section 19.90.020, addressing the requirements for kitchens, bathrooms, storage space, and operations, management, and security. Accessory dwelling units and junior accessory dwelling units are exempt from this section and regulated separately by Section 19.36.310.
A.
Development standards. In addition to the requirements of this section, developments with studio or micro-units shall comply with the standards in Section 19.36.280 (Residential Uses — Multi-Family Dwellings).
1.
Bathrooms.
All studio and micro-units shall include a separate, private bathroom
within the unit. Bathrooms must include a toilet, sink, and shower
or shower/bathtub facility.
2.
Kitchens.
All studio and micro-units shall include a kitchen area, which must
include at a minimum, a refrigerator of a minimum of five cubic feet,
a kitchen sink, two burner cooktop appliance, countertop area, and
storage cabinets, and shall comply with the requirements in Section
1208.4 of the California Building Code, Title 24, if applicable for
an efficiency unit.
3.
Occupancy.
All studio and micro-units shall be designed to accommodate a maximum
of two persons per bathroom, not including children.
4.
Open space. Open space for studio and micro-units shall be provided pursuant to Section 19.36.280, except that private open space for micro-units only shall be provided at a ratio of 70 square feet per dwelling unit.
5.
Storage.
In addition to any outdoor storage requirements, all studio and micro-units
shall have dedicated space of a minimum of 60 cubic feet for storage
for clothing and linens, in addition to separate pantry/dry food storage,
and a separate utility closet within the unit. The pantry/dry food
storage and separate utility closet shall not count toward the required
cubic feet for minimum storage space.
B.
Operations, management, and security standards. Developments
with studio or micro-units shall submit information describing the
operational, management and security aspects of the project along
with the development application to include:
1.
Description
of general operations and on-site security plans;
2.
24-hour
on-site management for projects with 16 units or more in compliance
with California Code Regulations (CCR), Title 25, Section 42 (See
also Health and Safety Code, Sections 17910 et seq.).
C.
California
Building Code Consistency. All studio and micro-units shall comply
with California Building Code Chapter 11A or 11B as applicable.
(Ord. 24-31, 10/21/2024)
A.
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.
1.
Limitation
on Number. A maximum of two service stations shall be allowed at a
street intersection.
2.
Minimum
Site Area. The minimum net site area shall be 15,000 square feet.
3.
Frontage
Width. At least one street frontage of the site shall have a minimum
width of 150 feet.
4.
Setbacks.
a.
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.
b.
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.
5.
Access
Driveways.
a.
The site shall have no more than two vehicular access points to the
public right-of-way.
b.
Curb cuts along a street frontage shall be separated by a minimum
of 30 feet.
c.
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.
d.
Driveway width shall not exceed 30 feet, measured at the sidewalk.
6.
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.
7.
Oil
Collection Centers. All service stations which have on-site service
bays where routine auto maintenance tasks are performed shall:
8.
Product
Display. The products offered for sale shall be displayed with consideration
to their visual impacts.
9.
Service
Bays. Service bays shall be designed to minimize visual intrusion
onto abutting properties and public rights-of-way.
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:
a.
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.
B.
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
and unexpired use permit. Any modification or expansion of an existing
service station shall comply with all of the following standards:
1.
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 $25,000.00, 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 Community Development Director.
2.
Allowable
Uses. Uses, products, and services allowed at service stations include:
a.
The sale of batteries, petroleum, tires, and vehicle accessories;
b.
The performance of vehicle maintenance and repairs, not including
bodywork;
c.
The supplying of other incidental patron services and products (for
example, food and sundry products) related to vehicle care or travelers'
needs;
d.
Charging stations and/or other fuels and other supplying goods necessary
for electric vehicles or zero emission vehicles; and
e.
Other commercial uses that are not related to fossil fuel sales and
provided for in the respective zoning district.
4.
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.
a.
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.
b.
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.
c.
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).
d.
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.
e.
Common Property Line Landscaping. Landscaping shall be required along
all common property lines with adjacent residential properties.
f.
Additional Landscaping. Additional landscaping may be required by
the Community Development Director to screen the service station from
adjacent residential properties.
5.
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:
a.
The dispensing of petroleum products, air, and water from pump islands;
b.
The provision of emergency service of a minor nature;
c.
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
d.
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.
6.
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.
7.
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.
a.
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.
b.
Vehicles shall not be parked on alleys, driveways, parkways, or sidewalks.
c.
Vehicles shall not be parked on the premises for the purpose of vehicular
sales.
d.
Parking shall be located and screened so as to minimize visibility
of parked vehicles from adjacent public rights-of-way.
8.
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 $25,000.00, 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
onsite development and adjacent properties and shall be subject to
the approval of the Community Development Director.
9.
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 Community Development
Director.
11.
Site Maintenance.
a.
Used or discarded automotive parts or equipment, or permanently disabled,
junked, or wrecked vehicles shall not be located outside of the main
structure.
b.
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).
c.
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:
a.
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.
b.
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.
c.
Parking Requirements. The convenience store shall maintain a minimum
of two off-street parking spaces for the patrons of the store.
14.
The development standards set forth in this section may be modified
by the Community Development 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 Community
Development 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; Ord. 24-16, 6/24/2024)
A.
Vacation Rentals Prohibited. No person shall offer,
facilitate an offer, aid, or provide a vacation rental to any transient.
B.
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.
C.
Hosting Platform Responsibilities.
1.
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.
2.
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.
3.
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.
4.
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).
(Ord. 15-958 § 4, 2015; Ord. 18-1024 § 6, 2018; Ord. 20-1112 § 13, 2020; Ord. 23-20 § 5, 2023; Ord. 24-33, 11/18/2024)
A.
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:
1.
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.
2.
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.
3.
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 Community
Development Director prior to issuance of Certificate of Occupancy.
5.
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.
6.
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; Ord. 24-16, 6/24/2024)
A.
B.
Location Requirements.
1.
Smoking
areas shall be developed in compliance with an approved site plan
indicating the maximum area designated as outdoor smoking area.
2.
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.
3.
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.
|
C.
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.
D.
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).
E.
Lighting. Outdoor smoking areas shall incorporate lighting,
which shall be installed to prevent glare onto, or direct illumination
of, any residential property or uses.
F.
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:
G.
Operating Requirements.
2.
Placement
of Outdoor Furniture. Outdoor furniture shall be placed only in the
locations shown on the approved site plan.
3.
Parking. The design installation and maintenance of on-site parking areas shall comply with Chapter 19.28 (Off-Street Parking and Loading Standards).
4.
Design
Compatibility. The following standards are intended to ensure compatibility
with surrounding uses and a high standard of design quality.
a.
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.
b.
The use of plants, outdoor furniture, and other human-scale elements
is encouraged to enhance the pedestrian experience.
c.
Consideration shall be given in outdoor smoking area design to avoid
impacts to residential uses within 200 feet.
d.
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.
e.
Outdoor smoking areas shall not interfere with vehicular or pedestrian
traffic flow.
5.
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.
H.
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.
1.
Amplified
sound and music may be prohibited within the outdoor smoking area.
2.
Separation
from adjacent uses by a physical barrier may be required, with the
design to be approved by the review authority.
3.
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.
4.
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.
5.
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:
A.
Review Requirement. A supper club shall require approval of a minor conditional use permit (Chapter 19.52) subject to annual reviews by the Community Development Director.
B.
Operating Requirements.
1.
Food
Service. Full meal service that includes main entrees in addition
to appetizers and/or desserts and beverages shall be provided to all
patrons.
a.
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.
b.
Each patron shall have a seat at a table with food service during
all hours of operation.
c.
Full meal service shall be available during all operating hours.
d.
No alcohol shall be served to a patron without full meal service
except at the designated bar area.
2.
Conduct
of Patrons. The supper club management shall ensure the following
to encourage appropriate patron conduct and respect of residents in
surrounding residential neighborhoods:
a.
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;
b.
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;
c.
Patrons shall not be allowed to bring alcohol onto the premises;
d.
No queuing shall be allowed outside the supper club.
3.
Entrance
Requirements. The supper club shall not charge an entry, and there
shall be no age restriction for entry.
a.
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;
b.
The supper club shall maintain an accurate and current count of all
persons/occupants at all times.
4.
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.
C.
Interior Design Requirements.
1.
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.
2.
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.
(Ord. 06-741 § 6, 2006; Ord. 19-1058 §§ 164, 165,
2019; Ord. 24-16, 6/24/2024)
A.
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:
1.
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
2.
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.
B.
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.
1.
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.
2.
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.
3.
Residential
Zoning Districts. Antennas in a residential zoning district shall
comply with the following standards. The Community Development Director
may modify these requirements if strict compliance would result in
no or poor satellite reception.
a.
Limitation on Number. Only one antenna may be allowed on any parcel.
b.
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.
c.
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.
d.
Height. The highest point of a ground-mounted antenna shall not exceed
six feet above finished grade.
e.
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.
f.
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 Community Development 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 Community Development Director.
Screening materials shall be architecturally compatible with the rest
of the structure.
4.
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.
a.
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.
b.
Diameter. Antenna diameter shall not exceed 12 feet.
c.
Height. A roof-mounted antenna shall not project more than 10 feet
above the roofline.
d.
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.
C.
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.
1.
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:
2.
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.
3.
Standards
for Facilities in the R4 Zoning District.
a.
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.
b.
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.
c.
Placement of wireless transmission facilities on rooftops shall comply with Section 19.20.080 (Height Measurement and Exceptions).
d.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
Unused
or Obsolete Equipment. Unused or obsolete equipment or towers shall
be removed from the site within 30 days after their use has ceased.
D.
Single Pole/Tower Amateur Radio Antennas. All single pole/tower
amateur radio antennas shall be designed, constructed, and maintained
as follows:
1.
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;
2.
Any
boom or other active element or accessory shall not exceed 25 feet
in length;
3.
The
antenna may be roof or ground mounted; and
4.
The
antenna shall not be located in any front or side setbacks.
E.
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; Ord. 24-16, 6/24/2024)
A tobacco product shop shall not be located within 1,000 feet
of a public or private school, public park, playground, motion picture
theater, or game arcade, either within or outside the city.
(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001)
A.
Enclosure Required. All operations shall be conducted within an enclosed structure. Existing facilities shall be enclosed not later than three years after May 2, 2001, in compliance with Section 19.72.050(E) (Nonconforming Uses - Vehicle Repair Use). The enclosure of an existing operation shall require administrative permit approval.
B.
Hours of Operation. All repair activities shall be limited
to between the hours of 8:00 a.m. and 9:00 p.m. The Community Development
Director may further limit the hours of operation if the proposed
use is adjacent to a sensitive land use (e.g., residential uses, schools,
etc.).
C.
Noise Control. All areas or structures used shall be located
or soundproofed to prevent annoyance or detriment to surrounding properties.
D.
Screening. All body-damaged or wrecked vehicles awaiting
repair shall be effectively screened so as not to be visible from
surrounding properties of the same elevation or within 10 feet of
the same elevation.
E.
Vehicle Dismantling. Dismantling of vehicles for purposes
other than repair is prohibited.
F.
Vehicle Storage. Damaged or wrecked vehicles shall not be
stored for purposes other than repair. Vehicles awaiting repair shall
not be parked in the public right-of-way.
(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 19-1058 § 167, 2019; Ord. 24-16, 6/24/2024)
A.
Hours of Operation. The Community Development Director may
limit the hours of operation if the proposed use is adjacent to a
sensitive land use (e.g., residential uses, schools, etc.).
B.
Prohibited Activities. On-site detailing or painting, and
the loading or unloading of vehicles on major or secondary highways
shall be prohibited. The loading or unloading of vehicles on other
public rights-of-way may be approved by the Director of Public Works.
C.
Circulation Plan. A plan showing the ingress and egress
on the site and the circulation proposed for the test driving of vehicles,
both to and from the site, shall be submitted for approval by the
Community Development Director.
D.
Display and Screening Requirements. All vehicles displayed
for sale or rental and visible from a street shall be maintained within
a showroom. All vehicles on the site shall be completely screened
from adjacent uses, in a manner approved by the Community Development
Director.
E.
No Parking in Public Right-of-Way. Vehicles in inventory
shall not be parked on the public right-of-way.
(Ord. 01-594 § 2, 2001; Ord. 01-610 § 4, 2001; Ord. 19-1058 § 168, 2019; Ord. 24-16, 6/24/2024)
A.
ZEV showroom and ancillary interior spaces (i.e., offices, storage
rooms, restrooms, etc.) shall have a maximum interior gross floor
area of 10,000 square feet.
B.
Circulation Plan. A plan showing the ingress and
egress on the site and the circulation proposed for the test driving
of vehicles, both to and from the site, shall be submitted for approval
by the Community Development Director.
C.
Display and Screening Requirements. All zero emission
vehicles displayed for sale shall be maintained within a showroom.
All test drive vehicles shall be maintained on the site and be wholly
screened from adjacent uses, in a manner approved by the Community
Development Director.
D.
No zero emission vehicles in the inventory shall be parked on the
public right-of-way.
E.
A maximum of five zero emission vehicles may be displayed in the
showroom.
F.
A maximum of five zero emission vehicles may be stored on site for
test drives.
(Ord. 23-27, 1/22/2024)