Laguna Beach City Zoning Code

Artists' working and living units may be developed only in the following zones (collectively, the "allowable zones"), subject to a conditional use permit: M-1A and M-1B Light Industrial, C-N Commercial-Neighborhood, C-1 Local Business District, LBP Local Business Professional, Downtown Specific Plan—CBD-Arts District, CBD-Office, CBD-Central Bluffs, CBD-1 Resident Serving, CBD-2 Downtown Commercial, R-2 Residential Medium Density and R-3 Residential High Density. Artists' working and living units are not allowed in any other zones in the City.

All artists' working and living units shall consist of either a conversion of an existing building or a development as part of a new working and living project. Conversion of an existing building and new construction may be developed as shell construction, with minimum roughed-in facilities as allowed or required by the building official. Individual building permits for interior improvements may be obtained by the occupant at a later date and must comply with all permit and inspection requirements of the applicable code in effect at the time of permit application. If an application for a parcel or tract map is proposed as part of the development, it shall be processed, and must be approved by the city in accordance with the California Subdivision Map Act and Title 21 of this code. Each artist's working and living unit shall be used and occupied by an artist, and his or her household. Each artist's working and living unit shall be used and occupied by a single household.

Unit Size for Each Artists' Working and Living Unit, Density Standards and General Provisions.

Loading space/dock requirements shall be determined by the planning commission based upon the proposed type of art work to be created and deliveries expected at the artist's working and living unit.

One and one-half parking spaces shall be provided for each artist's working and living unit in all zones. As an incentive to provide additional affordable units beyond the minimum twenty-five percent affordable unit requirement, the planning commission may allow one parking space per unit. Additional parking for incidental retail, where permitted, is not required. The location and layout of the parking may be communal or tandem, or both, pursuant to planning commission approval in the following zones: M-1A and M-1B Light Industrial, C-N Commercial-Neighborhood, LBP Local Business Professional, Downtown Specific Plan—CBD-Civic Art District, CBD-Office and CBD-Central Bluffs.

In residential and commercial zones, all living space shall be contiguous with and made an integral part of the working space; however, direct access between living and working areas shall not be required. In the M1-A and M1-B zones, artists' working space shall be located either: (a) within a unit and contiguous to and made an integral part of the residential dwelling area; or (b) detached from the unit structure, one-third of which may be communal open outdoor working space.

The residential dwelling area and working space that comprise an artists' working and living unit shall not be separately rented or sold.

The layout and design of an artist's working and living development project shall be compatible in character and scale with surrounding areas, as determined by the planning commission. Architecture, materials and functionality of development projects shall reflect the use(s) proposed to occupy the unit(s) as well as be compatible with the surrounding neighborhood.

Architecture and landscaping shall be reviewed by the planning commission. Architecture, materials and functionality of development projects shall reflect the use(s) proposed to occupy the unit(s) as well as integration and compatibility with the surrounding neighborhood.

Employees may be permitted to work at an artist's working and living unit, subject to a planning commission determination that adequate parking has been provided for such employees at the location of the artist's working and living unit. In no event, however, may employees be permitted to work at an artists' working and living unit located in the R-2 and R-3 zones.

Each artist in an artist's working and living unit shall obtain a business license and certificate of use in accordance with Chapter 25.62.

The type(s) of art work(s) produced in an artist's working and living unit shall be consistent in use and compatible with the requirements of the allowable zone in which the artist's working and living unit is located.

In the M1-A and M1-B zones, special consideration shall be given to industrial-type functional design features, such as industrial-size elevators and loading docks, increased floor loads, larger door openings and appropriate electrical, plumbing, heating and ventilation.

Future additions, modifications or enlargements of structures, and modification of sizes of floor areas designated as residential dwelling area and working space shall require review by the planning commission and the approval of an amendment to the conditional use permit. Any subsequent change in the approved type(s) of artist(s) and/or art work(s) shall require subsequent review by the artist review panel including artist certification.

The use of materials or mechanical equipment not part of normal household or hobby uses shall be prohibited in the R-2 and R-3 zones.

Whenever an artist's working and living unit is located in the R-2 or R-3 zones, newspaper or other advertising related to business or commercial services, which identifies the address of an artists' working and living unit, located in the R-2 and R-3 zones, shall be prohibited, except that the owner or occupant of the artist's working and living unit may submit an application to the planning commission seeking relief from this requirement if the advertising concerning the business or commercial service conducted at the artist's working and living unit does not unreasonably interfere with the authorized uses of the properties in the R-2 or R-3 zones.

Whenever located in the R-2 or R-3 zones, the use of the artist's working and living unit shall not generate excessive pedestrian or vehicular traffic that unreasonably interferes with residences in the area.

Whenever located in the R-2 or R-3 zones, the artist's working and living unit shall not involve the use of commercial vehicles for delivery or pickup of materials or equipment to or from the premises beyond that normal to the residences in the area. An exception may be granted by the planning commission, with a condition regulating the frequency, days of the week and hours of delivery and/or pickup.

Storage of materials or supplies indoors or outdoors, for purposes other than those permitted in the allowable zone in which the use is located, shall be prohibited.

The installation of signs or construction of structures, other than those permitted in the allowable zone in which the use is located, shall be prohibited.

The appearance of the approved structure(s) of an artist's working and living unit, and the conduct of the use within the structure, shall comply with the requirements of structures and uses in the applicable zones, including compliance with color, materials, construction, lighting, signs, odors, noises, vibrations, and other similar provisions. In the M-1A and M-1B zones, the appearance of structures should reflect the functional and practical nature of the light industrial uses in the area.

All uses, storage of hazardous materials and interior/exterior layouts shall be subject to the review and approval of the city's building official and fire chief.

For artists' working and living development projects that include a subdivision, each of the above-enumerated standards, together with all other conditions imposed by the conditional use permit, shall be set forth in the CC&Rs, and shall be recorded against the property on which an artist's working and living unit is located, after review and approval by the city attorney. The CC&Rs shall not be amended to eliminate any of the above standards without prior approval by the planning commission and the city council.

Retail functions shall not be approved unless determined by the planning commission to be compatible with surrounding uses.

Retail functions shall be limited to the display and retail sale of art-work created by the artist in the working space of the artists' working and living unit.

Retail functions shall not occupy more than fifteen percent of the gross floor area of an artists' working and living unit, including the floor area of the working space if located separately from the unit that contains the residential dwelling area.

Retail functions shall be integrated into and with the working space.

Prior to engaging in any retail functions a business license shall be obtained from the city by the artist or the artist's business engaging in the retail functions.

The approved use at the site is an artist's working and living unit subject to the provisions of this chapter.

Under the general plan and adopted zoning, the area in which the use is to be located is principally commercial or industrial zoned and residential uses are considered ancillary to the commercial and industrial zoning of the area. Artist's working and living units located in R-2 and R-3 zones need not include the notification in this subparagraph.

By selecting this type of residence in a commercial or industrial zone, the tenant acknowledges and accepts by signing an appropriate document, in a form satisfactory to the city attorney and which is recorded, that there are commercial and industrial conditions, such as traffic, noise, odors, dust and dirt generally found in the area.

By selecting an artist's working and living unit in an R-2 or R-3 zone, as applicable, the tenant agrees to create art work in such a manner that is compatible with the zone and does not unreasonably interfere with residences in the area including traffic, noise, odors or other environmental impacts.

The use of the artist's working and living unit may be subject to additional review upon receipt of and verification of written complaints and the use shall terminate immediately upon the expiration, revocation or termination of the conditional use permit. Upon termination of the conditional use permit, the artists' working and living unit may not be used for any purpose unless the structure and use conform in all aspects to the allowable zoning that applies to property in which the artists' working and living unit is located.

An owner of an artist's working and living unit shall be required to sign an affidavit, punishable under penalty of perjury, that the artist's working and living unit is in compliance with this chapter, including, but not limited to, that the individual unit is occupied by an in accordance with an artist occupancy permit. This affidavit shall be submitted annually for as long as the artist occupancy permit remains effective. The unauthorized rental of an affordable unit, or the failure of an occupant of an artist's working and living unit to comply with the definition of an "artist" shall be grounds for revocation of the artist occupancy permit and the commencement of appropriate code enforcement proceedings against the occupant, the owner or both.

Upon reasonable notice, the city shall have the right to perform on-site inspections to determine compliance with this chapter and the approved artist occupancy permit and/or conditional use permit.