Effective on: 1/1/1901

(Ord. 19-1395 §2, 2019; Ord. 18-1388 §4, 2018; Ord. 17-1378 §3, 2017; Ord. 16-1371 §1.2, 2016; Ord. 16-1362 §2, 2016; Ord. 15-1349 §2, 2015; Ord. 14-1345 §1, 2014; Ord. 13-1342 §4, 2013; Ord. 12-1334 §1, 2012; Ord. 12-1333 §5, 2012; Ord. 10-1310 §1, 2010; Ord. 10-1313 §3, 2010; Ord. 09-1298, §§2, 3, 2009; Ord. 08-1292 §1, 2008; Ord. 06-1272 §5, 2006; Ord. 03-1232 §3, 2003; Ord. 01-1214 §4(2), 2001; Ord. 97-1174 §1, 1997; Ord. 96-1157 §1, 1996: Ord. 95-1130 §2, 1995: Ord. 94-1118 §1, 1995: prior code Appx. A, § 8-3)

(Ord. # 21-1441 §4,5, adopted 12/14/2021, effective 01/13/2022; Ord. # 22-1453 §3, adopted 10/11/2022, effective 11/10/2022; Ord. # 23-1469 §9,10, adopted 09/26/2023, effective 10/26/2023; Ord. # 23-1471 §17, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

It is further recognized that every conceivable use cannot be identified in this chapter, and anticipating that new uses will arise over time, this section authorizes the community development director to compare a proposed use and measure it against those listed for determining similarity. The director’s determination shall not be final until confirmed by the city council as a consent calendar item on the council agenda following the director’s determination.

In determination similarity the director shall make all of the following findings:

1. A.
   The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the general plan;
2. B.
   The proposed use shall meet the stated purpose and general intent of the zone in which the use is proposed to be located;
3. C.
   The proposed use shall not adversely impact the public health, safety and general welfare of the city’s residents; and
4. D.
   The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the zone in which it is to be located. (Ord. 95-1130 §3, 1995: prior code Appx. A, § 8-4)

Effective on: 1/1/1901

1. A.
   Parking. Parking shall be provided as specified by Chapter 17.44.
2. B.
   Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following:

   1. 1.
      Outdoor uses may be permitted by conditional use permit for uses listed as stated in the permitted use list;
   2. 2.
      Commercial parking lot;
   3. 3.
      Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided, further, that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage or activities shall be substantially screened from public visibility, public streets, parks or other public places, and properties;
   4. 4.
      Temporary outdoor merchandise display and outside dining in conjunction with a temporary outdoor event such as a sidewalk sale, authorized by the city council by special permit as set forth in Section 12.12.070.
   5. 5.
      Outdoor dining or seating located adjacent to a food establishment, authorized by an encroachment permit for use of the public right-of-way obtained pursuant to Section 12.16.090. Deviation from the standards in Section 12.16.090 may be allowed pursuant to a conditional use permit, issued in compliance with Chapter 17.40.
   6. 6.
      Limited outdoor seating for the purposes of food consumption, accessory to food establishments on private property, shall be allowed with approval of a permit from the community development department, subject to the standards and limitations in this subsection. Food establishments include snack shops, restaurants, food and beverage markets, supermarkets, bakeries, or similar establishments that offer food or beverages, as determined by the community development director.

      1. a.
         Administrative Permit Required.

         1. i.
            Prior to the establishment of any limited outdoor seating area accessory to any food establishments on private property, an administrative permit shall be required pursuant to Chapter 17.55 except as otherwise stated in this section. An application shall be filed with the community development department in writing upon a form furnished by the department. The application shall include a site plan and drawings and information showing location, furnishings and seating arrangement in sufficient detail to demonstrate the compliance with this section, accompanied by a fee set by resolution of the city council.
         2. ii.
            The community development director may issue the administrative permit only after determining that the request complies with the standards and provisions of this section and any other requirements applicable to the use set forth in the Municipal Code; provided, that where limited outdoor seating is comprised of seating on private property and the public right-of-way, the standards applicable to limited outdoor seating on the public right-of-way in Section 12.16.090(C) shall govern on the private property.
         3. iii.
            The permit shall lapse, and be of no force and effect, and a new administrative permit shall be required for outdoor seating whenever there is a change in food establishment ownership, change in the nature or scope of the business, the permitted food establishment does not operate for a period of more than six (6) months, or the community development director determines, based on substantial evidence, that the food establishment operation no longer meets the standards set forth in subsection (B)(6)(b) of this section.
      2. b.
         Standards and Limitations. The location, design and operation of the limited outdoor seating area shall comply with all of the following:

         1. i.
            Outdoor seating shall be incidental and accessory to food establishments for patrons of the food establishment to consume food or beverages purchased during the hours that food or beverages are offered for sale, but not to exceed 7:00 a.m. to 11:00 p.m. in the C-3 zone and zones that allow C-2 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is permitted. Employee break areas physically separated and restricted from public use are regulated by subsection (B)(3) of this section.
         2. ii.
            The outdoor seating area authorized by this subsection (B)(6) shall not contain more than one (1) seat per fifteen (15) square feet of area.
         3. iii.
            The outdoor seating area shall be located proximate to the business providing the seating, such as adjacent to the building, within courtyards, or on balconies or decks, including any roof deck. Outdoor seating areas shall not be arranged so as to create food courts. Outdoor seating areas shall not reduce, be located within, or damage any required landscaped area.
         4. iv.
            No entertainment, music, speakers, televisions, or audio or visual media of any type, whether amplified or unamplified, shall be provided within the outdoor seating area or situated so as to be clearly visible to the outdoor seating area.
         5. v.
            The location and use of the outdoor seating area shall not obstruct the movement of pedestrians, goods or vehicles; required parking spaces; driveways or parking aisles; entrances; legal signs; utilities or other improvements. A minimum four (4) foot wide pedestrian path shall be maintained, unless otherwise required by law. When located adjacent to parking spaces, driveways or parking lot aisles, a physical barrier such as curb or railing shall be provided.
         6. vi.
            All furnishings and barriers shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles.
         7. vii.
            All furnishings shall be maintained in good condition at all times. The area shall be supplied adequate solid waste management containers and maintained in a neat and clean manner, free of litter and graffiti, at all times.
         8. viii.
            Any lighting provided for the use shall be extinguished no later than 11:00 p.m. in the C-3 zone and zones that allow C-3 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is permitted, and shall be high-efficiency, the minimum intensity necessary, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), not create glare or spill beyond the property lines, and the lamp bulb shall not be directly visible from within any residential unit.
         9. ix.
            The use of water for cleaning the area shall conform to Chapter 8.56, Water Conservation and Drought Management Plan, and shall be minimized and any runoff generated shall drain to the sewer system only and shall under no circumstances drain to the stormwater system.
         10. x.
             Noise emanating from the property shall be within the limitations prescribed by Chapter 8.24 and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments. The outdoor seating area shall not adversely affect the welfare of the residents or commercial establishments nearby.
         11. xi.
             The design and use of the outdoor seating area shall conform to all building, fire, zoning, health and safety and other requirements of the Municipal Code and all other requirements of law.
      3. c.
         Conditional Use Permit. Any deviation from the standards listed in this subsection shall require a conditional use permit in compliance with Chapter 17.40.
   7. 7.
      Outdoor retail sales/displays located adjacent to a retail establishment, authorized by an encroachment permit for use of the public right-of-way obtained pursuant to Section 12.16.100. Deviation from the standards in Section 12.16.100 may be allowed pursuant to a conditional use permit, issued in compliance with Chapter 17.40.
3. C.
   Merchandise. No merchandise shall be sold other than at retail. Sale of repossessed merchandise or secondhand merchandise taken in by the seller as a trade-in on new merchandise is permissible, provided that such sales are conducted on the premises where such merchandise was originally sold, or any successor locations.
4. D.
   Signs. Signs for this section are regulated by Section 17.50.140.
5. E.
   Building Height.

   1. 1.
      In the C-1 zone, any building may have a maximum height of thirty (30) feet.
   2. 2.
      In the C-2 zone, no building shall exceed a maximum height of thirty (30) feet.
   3. 3.
      In the C-3 zone, no building shall exceed a maximum height of thirty-five (35) feet.
6. F.
   Front Yard Setback. No lot need provide a front yard except as may be required by a precise plan.
7. G.
   Alley Setback. Buildings shall conform with Section 17.44.130.
8. H.
   Rear and Side Yard Setback Adjacent to Residential Zones.

   1. 1.
      C-3 Zone. A minimum rear and/or side yard setback of eight feet shall be provided, and an additional two feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the commercial zone from the residential zone.
   2. 2.
      C-1 and C-2 Zones. A minimum rear and/or side yard setback of five feet shall be provided, except where public rights-of-way twenty (20) feet or greater in width, separate the commercial zone from the residential zone.
   3. 3.
      Existing Buildings. Existing commercial buildings that do not comply with the above setback requirement adjacent to residential zones shall not be considered "nonconforming buildings" under the terms of Chapter 17.52. Therefore, such buildings may be remodeled or expanded as long as any new constructions conforms with the above setback requirements.
9. I.
   Landscaping Adjacent to Residential Zones. The required rear and/or side yard area shall be landscaped and provided with an automatic watering system. Size, quantity and type of landscaping shall be subject to review and approval by the planning director. Landscaping shall be appropriately maintained, trimmed and void of weeds.
10. J.
    Building design. Building design shall be provided as specified by Chapter 17.42.260.

(Ord. 15-1349 §3, 2015; Ord. 14-1345 §2, 2014; Ord. 12-1333 §5, 2012; Ord. 97-1171 §1, 1997; Ord. 94-1115 §1, 1994; Ord. 94-1100 §2, 1994; prior code Appx. A, § 8-5)

(Ord. # 21-1436 §4, adopted 09/14/2021, effective 10/14/2021; Ord. # 23-1471 §18, adopted 11/14/2023, effective 08/05/2024) 

Effective on: 8/5/2024

1. A.
   Alcoholic beverage service and its consumption shall be limited to those areas for said use designated on a floor plan and seating plan approved by the community development director, including compliance with the following:

   1. 1.
      No stand-up bar area shall be located within the area designated for alcoholic beverage service and its consumption on the approved floor plan and seating plan.
   2. 2.
      Not more than two (2) televisions, electronic, video or similar displays screens shall be located within or visible from any area designated for alcoholic beverage service and its consumption on the approved floor plan and seating plan.
   3. 3.
      The establishment shall demonstrate compliance with the requirements for food facilities with on-sale alcoholic beverages found at Chapter 8.04, including the provision of adequate toilet facilities.
2. B.
   The establishment shall obtain a business license appropriate to the intended use pursuant to Chapter 5.04. No establishment classified as a "snack bar or snack shop" pursuant to Section 17.04.050 shall be eligible to obtain a business license for an establishment that sells, offers to sell, or serves alcoholic beverages. (Ord. 09-1298 §4, 2009)

Effective on: 1/1/1901

1. A.
   The exterior walls of any establishment in the C-2 zone shall be located more than one thousand (1,000) feet from the exterior walls of any other tattoo/body piercing establishment and the exterior walls of any establishment in the C-3 zone or zone that allows C-3 uses shall be located more than one thousand five hundred (1,500) feet from the exterior walls of any other tattoo/body piercing establishment.
2. B.
   The operator of the tattoo/body piercing establishment shall obtain and maintain in compliance all permits required by the County of Los Angeles, Department of Public Heath.
3. C.
   Tattoo/body piercing establishments shall not operate between the hours of 10:00 p.m. and 10:00 a.m.
4. D.
   Live animals, except for service animals, shall not be allowed on the premises.
5. E.
   Once established, tattoo/body piercing establishments shall not be permitted to expand into another tenant space or building or otherwise on the site or any contiguous site, or to establish additional locations within the city.
6. F.
   Temporary or mobile establishments or events are not authorized by this section. (Ord. 10-1313 §4, 2010)

Effective on: 1/1/1901