West Hollywood City Zoning Code
ARTICLE 19
3 Site Planning and General Development Standards
Ord- 25-30U_0
§ 19.20.010 Purpose.
The provisions of this chapter expand the standards of Article 19-2 (Zoning Districts and Allowable Land Uses) by addressing some details of site planning, project design, and operation. These standards are intended to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, in consistency with the General Plan.
(Ord. 01-594 § 2, 2001)
§ 19.20.020 Applicability.
The provisions of this chapter apply to all new or modified structures and uses, regardless of the applicable zoning district.
A.
Standards. These standards shall be considered in combination with the standards for each zoning district in Article 19-2 (Zoning Districts and Allowable Land Uses). If there is any conflict, the standards specific to the zoning district shall override these general standards.
B.
Design Guidelines. These standards shall be reviewed and applied in combination with the design guidelines in this article, as well as in Article 19-2 (Zoning Districts and Allowable Land Uses).
(Ord. 01-594 § 2, 2001)
§ 19.20.030 Architectural Elevations.
All elevations of all structures on a site shall be architecturally treated in a compatible manner, including the incorporation within the side and rear elevations of some or all of the design elements used for the main façades. Parking structures shall also incorporate some or all of the design elements used for the main façade.
(Ord. 01-594 § 2, 2001)
§ 19.20.035 Disabled Access.
All newly constructed non-residential buildings with more than one floor and containing a gross floor area of more than 7,000 square feet shall be required to install and continuously maintain an elevator that complies with the State of California disabled access requirements. This requirement is in addition to all other accessibility requirements in Title 24 of the California Building Code.
(Ord. 02-643 § 8, 2003)
§ 19.20.040 Distance Between Structures.
Where more than one structure is placed on the same parcel, the structures shall be separated by the following minimum distances, in any zoning district where front, side, and rear setbacks are required by Article 19-2 (Zoning Districts and Allowable Land Uses):
A.
Distance Between Primary Structures. A minimum distance of 10 feet shall be required between all primary residential structures on the same parcel;
B.
Distance Between Accessory and Primary Structures. Except where a greater distance is otherwise required by this Article or Article 19-2 (Zoning Districts and Allowable Land Uses), a minimum distance of six feet shall be required between any primary residential structure and an accessory structure established on the same parcel;
C.
Distance Between Accessory Structures. No minimum distance between accessory structures is required, except as may be required by the city's building and construction regulations; and
D.
Projections Allowed into Area Between Structures on the Same Parcel. Certain structures and architectural features may project into the area required by this section for separation between structures as described in Table 3-1.
TABLE 3-1 ALLOWED PROJECTION INTO DISTANCE BETWEEN STRUCTURES | |
|---|---|
Projecting Feature Allowed | Maximum Projection Allowed |
Awnings and canopies | 2-1/2 ft. |
Belt courses, capitals, cornices, rain conductors and spouts, sills, and water tables | 2-1/2 ft. |
Buttresses, fireplace structures, and wing walls | 2-1/2 ft. |
Cantilevered roofs and eaves | 2-1/2 ft. |
Covered breezeway or trellis, open to both sides | Allowed unrestricted within the required distance between structures |
Stairways and balconies at or above the level of the first floor | 3-1/2 ft. |
Water heaters, water softeners, gas or electric meters, including service conductors and pipes | 2-1/2 ft. |
Uncovered decks, landings, platforms, porches and stairways up to 21/2 ft. above grade | Allowed unrestricted within the required distance between structures |
Uncovered decks, landings, platforms, porches and stairways over 22 ft. above grade | 3-1/2 ft. |
(Ord. 01-594 § 2, 2001)
§ 19.20.050 Fences, Walls, and Hedges.
Fences, walls, and hedges shall be installed and maintained in compliance with the provisions of this section.
A.
Maximum Height. The height of a fence, wall, or hedge shall not exceed the maximums allowed by this section.
1.
Measurement of Height. The maximum height of a fence, wall, or hedge allowed by this section shall be measured from the highest ground level within two feet of either side of the fence, wall, or hedge.
2.
Allowed Height Reduction for Required Fences and Walls. To allow for variation in topography, the height of a fence or wall that is required by this Zoning Ordinance for screening, separation between land uses, or other purposes, may vary. The fence or wall may be as much as six inches lower than the required minimum height, but in no event shall the average height of the fence or wall exceed the maximum height identified in this section.
3.
Exempt Fences and Walls. A fence or wall that is required by state or federal law to exceed the height limits of this section shall be exempt from these requirements.
B.
General Standards for All Fences, Walls, and Hedges. All fences, walls, and hedges in all zoning districts shall comply with the following requirements, as applicable.
1.
Color. Fences and walls, excluding masonry with integral color and approved permanent finishes, shall be stained or painted in a consistent color scheme, which complements the surroundings.
2.
Materials. Allowable materials for fences and walls shall be limited to wood, masonry, decorative metal (for example, wrought iron), and other materials approved by the Community Development Director consistent with the city's design guidelines. Barbed wire, concertina wire, grape stakes, chain-link, or chain-link with wood slats shall not be allowed as fencing material; except that chain link may be allowed in compliance with subsection (E) below (Security Fencing).
3.
Wrought Iron Design. Wrought iron fences shall not terminate at the top in outward curves.
4.
Perimeter Fence Finishes. All sides of all perimeter fencing shall be finished in the same colors and textures.
5.
Maintenance. Fences, walls, and hedges shall be continuously maintained in an orderly, neat, and good condition, at no more than their maximum allowed height.
C.
Residential Zoning District Height Limits. Fences, walls, and hedges on sites within residential zoning districts shall not exceed the following height limits. Residential properties with a parking overlay designation that are used as parking areas, and residential properties with nonconforming commercial uses are subject to the requirements of subsection (D), below.
1.
Height Limit Within Front Setback.
a.
Fences and Walls. Solid fences and walls within a required front setback shall not exceed a height of 42 inches; except that:
(1)
Fences, walls, and combinations of fences and walls that are at least 50 percent transparent not to exceed six feet in height may be allowed in all residential front setbacks. The portion of a fence or wall that exceeds 42 inches in height shall be at least 50 percent transparent.
(2)
A solid fence or wall or combination of fence and wall up to a maximum height of six feet may be allowed where the front setback of the residential parcel faces or abuts a General Plan-designated secondary highway, or a site zoned for or developed with a commercial use, or up to a maximum height of 10 feet wherever property zoned for residential abuts a commercial zone or a commercial use, if the review authority determines that the fence or wall will not:
(a)
Unduly obstruct the view from neighboring residential properties; or
(b)
Create a safety hazard to vehicular or pedestrian traffic.
The height and type of the material to be used in constructing the wall shall be approved by the Community Development Director, or in the case of a project requiring Planning Commission approval, by the Commission, to ensure that the increased height is compatible with the use of the property, does not detract from the pedestrian character of the street and is integrated into the architecture and site design. (See Section 19.28.130 concerning driveway visibility.) |
b.
Hedges. Hedges (and any supporting apparatus) are allowed with no restriction on height so long as the hedges do not block sightlines for drivers per Section 19.28.130(D) or pedestrians as determined by the Community Development Director. The Director may require trimming, removal, or other modifications to the hedge as required to promote and protect public health, safety, and welfare.
2.
Height Limit Within Street Side Setbacks. Fences, walls, and hedges within a required street side setback shall not exceed 42 inches in height. A 50 percent transparent fence may be al-lowed within the setback area up to six feet in height.
3.
Height Limit Within Interior Side and Rear Setbacks. Fences, walls, and hedges within a required interior side or rear setback shall not exceed six feet in height. Except where the property abuts a site zoned for or developed with a commercial use, including parking areas for commercial uses, a solid decorative wall or fence up to 10 feet in height may be constructed along the property line abutting the property with the commercial use. The height and materials of the wall or fence shall be approved by the applicable Review Authority for the project to ensure that the increased height is compatible with the use of the property, does not detract from the pedestrian character of the street, and is integrated into the architecture and site design.
4.
Height Limit Outside of Required Setback Areas. Fences, walls, and hedges not within any required setback shall not exceed six feet in height.
D.
Commercial Zoning Districts. The following standards shall apply to fences, walls, and hedges on sites within commercial zoning districts.
1.
Advertising. Fence, wall, or hedge surfaces shall not be used for advertising or display unless authorized by a creative sign permit (Section 19.34.060).
2.
Maintenance. The walls of any building which partly enclose a yard area or are visible from a street frontage shall be stained, painted, or provided with integral color, as appropriate to the wall surface material used, and permanently maintained.
3.
Screening Required Adjacent to Residential Zones. Wherever a site zoned for or developed with a commercial use abuts a residential zone, a solid decorative wall not less than six feet nor greater than 10 feet in height shall be constructed along the property line abutting the residential zone. The height and materials of the wall shall be approved by the applicable review authority for the project. The Review Authority may require a wall up to 10 feet high, when such height is deemed necessary to protect neighboring residential properties from noise impacts or to otherwise protect the public health, safety and welfare.
4.
Design. A wall abutting a right-of-way shall be designed to be compatible with the building architecture on the site, and shall be provided with landscaping between the wall and the right-of-way. (See also Section 19.26.040(B)(1)(a).)
5.
Height Limit. Fences and walls shall not exceed 42 inches in height except where the Review Authority determines that increased height is compatible with the use of the property, does not detract from the pedestrian character of the street, and is integrated into the architecture and site design. (See Section 19.28.130 concerning driveway visibility.)
E.
Security Fencing. Except as provided below, chain-link fencing is permitted for a maximum of 90 days to enclose abandoned, undeveloped or vacant property. After 90 days, fencing used to enclose abandoned, underdeveloped or vacant property shall comply with the requirements of Chapter 9.64 of this Code. Properties actively being developed pursuant to a current and valid building permit may be secured for more than 90 days with chain-link fencing at the discretion of the Community Development Director or designee.
F.
Retaining Wall Standards. Retaining walls with a maximum height of six feet are allowed in all setbacks, provided that they are designed and constructed with an appearance similar to the buildings and other structures on the site, with compatible colors, finishes, and materials, and preferably with a color that is integral with the wall material.
1.
Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, the retaining wall may be topped by a fence or wall of a total aggregate height that would otherwise be allowed at the location if no retaining wall existed. Where the retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the overall allowable height of a fence or wall. In any event, an open-work non-view-obscuring fence of 42 inches may be erected at the top of the retaining wall for safety purposes.
2.
Where a fence or wall is located in the required yard adjacent to a retaining wall containing a fill, the fence or wall shall be set back from the retaining wall a distance of one foot for each one foot in height, to a maximum distance of five feet. However, this does not allow a fence or wall in required yards higher than allowed by this section. The area between the fence or wall and the retaining wall shall be landscaped and continuously maintained in an orderly, neat, and good condition.
Retaining walls shall incorporate design features similar to the other structures on the site, and use compatible colors, finishes, and materials, in compliance with this section.
 FIGURE 3-1 Fence and Wall Standards |
(Ord. 01-594 § 2, 2001; Ord. 02-615 § 2, 2002; Ord. 02-643 §§ 9—13, 2003; Ord. 07-752 § 7, 2007; Ord. 14-940 § 11, 2014; Ord. 19-1058 §§ 23 – 25, 2019; Ord. 24-16, 6/24/2024)
§ 19.20.055 Canopy Trees.
A.
Canopy trees, whether new or existing and preserved, shall be integrated into new developments under the following criteria:
1.
In residential zoning districts, canopy trees shall be integrated at a ratio based on the cumulative required setback or yard areas as follows:
a.
One canopy tree for yard areas up to 1,500 square feet.
b.
Two canopy trees for yard areas from 1,501 square feet to 3,000 square feet.
c.
Three canopy trees for yard areas from 3,001 square feet to 5,000 square feet.
d.
Four canopy trees for yard areas from 5,001 square feet to 7,000 square feet.
e.
Five canopy trees for yard areas greater than 7,000 square feet.
2.
In commercial zoning districts, canopy trees shall be provided at a ratio of one tree for up to the first 6,000 square feet of gross site area, and one for every 6,000 square feet of gross site area thereafter. Trees shall be integrated within one or more of the following locations:
a.
At ground level or at grade, whichever is applicable, in native soil, not on top of subterranean parking garages or other occupied spaces, in a street-fronting landscaped area that is a minimum of 200 square feet. This area shall be directly accessible or visible from the public right-of-way such as a promenade, paseo, plaza, or courtyard;
b.
Elevated on an upper level terrace of a commercial or mixed-use project, integrated into an intensive vegetative roof system and garden area, minimum of 900 square feet with a majority of this area receiving direct solar exposure for a minimum of five hours per day. Canopy trees within the garden shall have a minimum tree well area of 36 square feet per tree. Refer to Section 19.90.020 (Definitions of Specialized Terms and Phrases) of this Code for information on intensive and extensive vegetative roof systems;
c.
At roof levels, integrated into an intensive vegetative roof system and garden area that is a minimum of 1,800 square feet. Canopy trees within the garden shall have a minimum tree well area of 36 square feet per tree.
3.
Required canopy trees shall have a minimum 24-inch box size.
4.
A minimum of 50 percent of required canopy trees shall be planted at ground level or at grade, whichever is applicable, in native soil.
B.
Prior to installation, canopy trees shall be founded in a soil mix containing a minimum of 20% organic materials in accordance with industry standards.
C.
Canopy trees at grade shall be planted no closer than eight feet from a building foundation or structural wall. In any case where a smaller dimension is proposed, plans must be submitted by both a licensed landscape design professional and a licensed structural engineer who can attest to both the long-term viability of the tree and the structural integrity of the building or wall and the tree placement must be approved by the Community Development Director.
(Ord. 23-26, 1/22/2024)
§ 19.20.060 Green Building.
A.
Purpose and Intent. The green building standards in this section are established to reduce the use of natural resources, create healthier living environments, and promote environmental responsibility in building design and construction. The practice of green building can have meaningful beneficial impacts by reducing energy, water, and natural resource consumption, improving the well-being of occupants through better indoor air quality and comfort, and contributing to community-wide environmental initiatives. The program consists of mandatory provisions, requirements for specific plans and development agreements, and application requirements.
B.
Applicability. All new development, major remodels, and tenant improvements (herein referred to as "Project") shall comply with the following requirements of the West Hollywood Municipal Code, as applicable. Where this section references another section of the Municipal Code, the applicability provisions of that section shall be used to determine applicability.
C.
Mandatory Provisions. This section is to be used in conjunction with the California Code of Regulations Title 24. Where conflicts in language may exist between this section and the California Code of Regulations, Title 24, the more restrictive green building provision shall prevail.
1.
Site Planning and Design.
b.
Storm Drains. Storm drains in the public right-of-way adjacent to the Project site shall be labeled in accordance with any standards set by the Director of Public Works.
c.
Construction Debris Control. Projects shall comply with all applicable requirements in Section 13.04.040 (Construction Debris Control).
d.
Electric Vehicle Charging Readiness. Projects shall comply with all applicable requirements in Section 19.28.170 (Electric Vehicle Charging Readiness).
e.
Alternative Transportation. Projects shall comply with all applicable requirements in Section 19.28.150 (Bicycle Parking and Support Facilities).
f.
Transportation Demand Management. Projects shall comply with all applicable provisions of Chapter 10.16 (Transportation Demand Management).
g.
Permeable Surfaces. Projects shall comply with all applicable requirements in Section 19.20.190 (Storm Drainage and Storm Water Runoff) and Section 19.36.280(B)(5) (Front Yard Paving).
h.
Parking Landscaping for Surface Parking Areas. Projects shall comply with all applicable requirements in Section 19.28.100(B) (Parking Area Landscaping Requirements).
i.
Sustainable Roof Measures. The purpose of this section is to make productive use of rooftops to maximize environmental benefits.
(1)
Required. All new residential, non-residential, and mixed-use projects with a gross floor area of 10,000 square feet or more, or a major remodel that causes a residential, non-residential, or mixed-use building to become 10,000 square feet or greater, shall install at least one of the following sustainable roof measures:
(a)
Photovoltaics (PV), sized to offset a minimum of 15 percent of the building's total estimated energy usage, or
(b)
Solar thermal systems (i.e., solar hot water), with a minimum 0.50 solar fraction, or
(c)
Vegetative roof, covering a minimum 30 percent of the roof area not occupied by mechanical equipment or access stairways as a landscaped roof. This measure shall comply with the vegetative roof requirements in the California Building Code and shall be integrated into the project's Low Impact Development Plan required under Section 15.56.095 of the West Hollywood Municipal Code.
(d)
At the discretion of the review authority, compliance with this section may be alternatively achieved by:
(i)
Installing a combination of sustainable roof measures listed above, or
(ii)
Installing non-roof photovoltaic or solar thermal systems (e.g. building-integrated or ground mounted). Such systems must meet the performance or prescriptive requirements equivalent to its corresponding sustainable roof measure.
2.
Energy Efficiency.
a.
Energy Efficiency. Projects shall comply with all applicable provisions of the most recent edition of the California Energy Code (Title 24, Part 6), and most recent editions of the locally-adopted building, electrical, mechanical and plumbing codes found in Title 13 of this Code.
b.
Energy Star Appliances. Appliances provided in residential and mixed-use projects, and commercial projects as appropriate, shall be Energy Star qualified appliances.
c.
Energy Efficient Outdoor Lighting. Projects shall comply with all applicable requirements in Section 19.20.100 (Outdoor Lighting).
d.
Energy Benchmarking Readiness. All new residential, non-residential, and mixed-use projects of 20,000 square feet or greater shall register with EnergySTAR Portfolio Manager.
3.
4.
Material Conservation and Resource Efficiency.
a.
Environmental Protection, Pollution, and Solid Waste. Projects shall comply with all applicable requirements in Title 15 (Environmental Protection, Pollution, and Solid Waste).
b.
Recyclable Materials Storage. Projects shall comply with all applicable requirements in Section 19.20.180 (Solid Waste and Recyclable Materials Storage) and Section 19.36.280(B)(10) (Waste Diversion).
c.
Construction and Demolition Waste. Projects shall divert a minimum of 80 percent of all construction and demolition waste away from landfills in accordance with any standards set by the Director of Public Works.
5.
Environmental Quality.
a.
Environmental Quality. Projects shall comply with all applicable provisions of the most recent edition of the California Green Building Standards Code, and most recent editions of the locally-adopted building, electrical, mechanical and plumbing codes found in Title 13 of this Code.
D.
Requirements for Specific Plans and Development Agreements. In addition to other applicable green building requirements, projects requesting increases in allowable height or density through approval of specific plans or development agreements shall comply with one of the following high-achieving measures:
1.
Highly Energy Efficient Building.
a.
New multi-family residential and mixed-use projects of four or more stories, and new non-residential projects shall demonstrate a minimum of 50 percent improvement in building energy performance over the baseline set by the California Energy Code (Title 24, Part 6).
2.
Graywater System Installation.
a.
Projects shall install one of the following graywater systems:
(1)
A treated graywater system to supply water closets, urinals, and other allowed uses that is designed for a minimum of 25-percent reduction in indoor potable water use; or
(2)
A graywater collection system for onsite subsurface irrigation collected from bathtubs, showers, bathroom wash basins and laundry water that meets 100 percent of the site's landscape water requirements. This option only applies to projects with new landscape areas of 1,000 square feet or more.
b.
A combination of indoor and outdoor graywater measures may be approved at the discretion of the review authority.
c.
All graywater systems shall comply with the most recent edition of the locally-adopted plumbing code.
3.
Use of Third-Party Green Building Rating System. Projects shall achieve one of the following within 24 months of the issuance of a Certificate of Occupancy, and shall provide a performance bond or similar security to ensure compliance to the satisfaction of the Director. The Director is authorized to promulgate any rules and regulations necessary to implement the requirements of this subsection (D)(3):
4.
Exemptions.
E.
Application Requirements. This section is intended to simplify and facilitate the green building document review and permitting process for all applicable projects. For each phase, all planning review and building permit documents shall indicate in the general notes and/or individual drawings, where appropriate, the required green building measures employed for the project.
1.
Planning Review Phase. A completed preliminary green building checklist and supporting documents shall be submitted as part of an application for a development permit.
2.
Building Permit Phase. Following approval of the land use or development permit, a final green building checklist and supporting documents shall be submitted as part of the application for any building permit.
3.
Projects using a third-party green building rating system to comply with subsection D of this section, require additional documentation as follows:
a.
Prior to the issuance of building permits, the applicant shall submit evidence satisfactory to the Community Development Director that the services of the appropriate accredited green building professional have been retained, and that the project has been registered with the third-party rating system.
b.
A rating system checklist and supporting documentation indicating points to achieve the required rating level shall be incorporated into the documentation for development and building permit submittals. The checklist shall be prepared, signed, and dated by the appropriate accredited professional.
(Ord. 06-733 § 6, 2006; Ord. 07-762 § 6, 2007; Ord. 10-861 § 1, 2010; Ord. 12-882 § 7, 2012; Ord. 14-940 § 12, 2014; Ord. 17-1005 § 5, 2017; Ord. 18-1034 § 12, 2018; Ord. 19-1054 § 10, 2019; Ord. 19-1058 § 26, 2019; Ord. 19-1072 § 8, 2019; Ord. 24-16, 6/24/2024)
§ 19.20.070 Hazardous Materials Storage.
The purpose of the following standards is to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable State laws (Government Code Section 65850.2 and Health and Safety Code Sections 25505, et seq.), the Los Angeles County Hazardous Waste Management Plan, and Federal regulations.
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.
A.
Permit Requirements.
1.
Conditional use permit approval shall be required for any new use (main or accessory), or major addition (over 25 percent) to an existing use, that involves the handling, manufacturing, processing, or storing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code.
2.
In compliance with State law, the following are exempt from conditional use permit requirements:
B.
General Standard. All operations which involve the storage, use, or transport of flammable and explosive materials or gasses shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire-suppressing equipment and devices, subject to the approval of the Los Angeles County Fire Department.
C.
Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the Community Development Director at the same time these plans are submitted to the Fire Department.
D.
Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Section 719.113(a) of the Uniform Fire Code). Businesses that use underground storage tanks shall comply with the following notification procedures:
1.
Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and
2.
Notify the Fire Department and the Community Development Director of any proposed abandoning, ceasing, or closing the operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.
E.
Above-Ground Storage. Above-ground storage tanks for flammable liquids may be allowed subject to conditional use permit approval.
§ 19.20.080 Height Measurement and Exceptions.
All structures shall comply with the height limits of this section, except for fences and walls, which are instead subject to the provisions of Section 19.20.050 (Fences, Walls, and Hedges).
A.
Maximum Height of Structures. The height of structures shall not exceed the standard established by the applicable zoning district in Article 19-2 (Zoning Districts and Allowable Land Uses), Tables 2-3 and 2-6.
B.
Height Measurement.
1.
Parallel Plane Method. The maximum allowable height shall be measured as the vertical distance from the grade existing at the time of project submittal to an imaginary plane located at the allowed number of feet above and parallel to the existing grade (see Figure 3-2). Natural grade may be substituted for existing grade where the Community Development Director determines that the use of natural grade more accurately serves the purposes of the Zoning Ordinance. As an alternative on sites with slopes of five percent or more, an applicant may choose to apply the height measurement method provided in subsection (B)(2), below.
 FIGURE 3-2 Height Measurement |
2.
Sloping Sites. At the option of an applicant, the following method of measuring the maximum allowed building height may be used instead of the method provided in subsection (B)(1) above, only on sites with slopes of five percent or more. This method of establishing heights on sloping parcels is intended to ensure compliance of structures on sloping parcels as closely as practicable to the height limit provisions of this section, in a manner that considers the design of efficient spaces within proposed structures.
a.
Side Sloping Sites. Side sloping sites shall be measured as follows (as shown in Figure 3-3a):
(1)
Sites with slopes of five percent or more from side property line to side property line along the street frontage, shall be broken into segments of 50 feet in width if zoned residential, and 70 feet in width if located in a non-residential zoning district;
(2)
The midpoint of the front or rear property line, whichever is higher, of each segment shall be used to establish the maximum allowable height for the segment; and
(3)
The number of segments shall be determined by dividing the total parcel frontage by either 50 feet or 70 feet as applicable. The width of the segments should then be evenly distributed by dividing the total parcel width by the required number of segments. The Commission may modify the number and width of segments when the Commission finds that the redesign meets the intent of this section.
 FIGURE 3-3A Sloping Site Segments |
b.
Laterally Sloping Sites. The maximum allowed height shall be measured on a laterally sloping site by first establishing a midpoint as defined in subsection (B)(2)(a), above, and then by measuring through the parcel as defined in subsection (B)(2)(c), below. A laterally sloping site is one with slopes of 5 percent or more from the front property line to the rear property line.
c.
Method of measurement through the parcel. Minimum height shall be measured as follows (as shown in Figures 3-3b and 3-3c):
(1)
After establishing the midpoint for a parcel, or for each segment of a parcel on a sloping site, as defined in subsection (B)(2)(a), above, the maximum height allowed by this Zoning Ordinance shall be measured upward from that midpoint.
(2)
An imaginary line is then drawn perpendicular to and extended outward toward the front or rear property line, whichever is lower, until it reaches the angle line created by subsection (B)(2)(c)(4), below.
(3)
The midpoint of the front or rear property line, whichever is lower, is then established as described above and the maximum height limit prescribed for the property by this section is measured upward at that point.
(4)
From the top of the midpoint line established by subsection (3), above, an angle is drawn at a profile of one foot vertically to two feet horizontally (1:2) to connect the lower midpoint line with the perpendicular line created by subsection (B)(2)(c)(2), above.
 FIGURE 3-3B Sloping Site Cross-Section |
 FIGURE 3-3C Sloping Site Three-Dimensional View |
d.
Commercial Height Measurement when Adjacent to a Residential Zoning District. The purpose of the following methods of measurement is to require modifications to the height of commercial structures adjacent to a residential zoning district to ensure an appropriate transition in scale and use. These requirements apply where a rear or interior side lot line of a commercially zoned parcel abuts a residential zoning district, either within or outside the city.
(1)
Rear Lot Line. Any structure on the commercial parcel shall not exceed the maximum height required for the abutting residential zoning district unless the structure, or that portion thereof which exceeds the height, is set back from any required rear yard a minimum horizontal distance of one foot for each two feet by which the structure, or portion thereof, exceeds the maximum height.
(2)
Side Lot Line. Any structure on the commercial parcel shall not exceed the maximum height prescribed for the abutting residential zoning district unless the structure, or that portion thereof which exceeds the height, is set back from any required side yard a minimum horizontal distance equal to one foot for each four feet by which the structure, or portion thereof, exceeds the maximum height.
C.
Projections Above Allowed Heights.
1.
No structure shall project above the height limits for each zoning district established in this Zoning Ordinance except as specified in this Section.
a.
When multiple projections are placed above the allowable height limits as allowed under this section, those projections shall be located in a manner as to not create the appearance an additional floor above the roof as determined by and to the satisfaction of the Review Authority.
b.
Table A is a summary of the maximum permitted projection(s) above the height limit or roofline of a building for structures that are typically mounted or attached to a building. Table A also establishes limitations in the horizontal coverage of permitted projections.
TABLE A: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS | |||
|---|---|---|---|
Structure | Maximum Aggregate Coverage of Building's Roof Area (% or total gross square footage) | Maximum Vertical Projection (ft.) | Other Requirements |
Projections Allowed in All Zoning Districts: | |||
Skylights | No limit | 3 ft. above the roofline | _____ |
Sustainable energy equipment located on a rooftop For solar access and solar equipment, please see also Section 19.20.170. | No limit | 12 ft. above the height limit | Shall be set back a minimum of 2 feet from the edge of the roofline, with the exception of solar collector panels. |
Elevator shafts | 200 gross sq. ft. per elevator shaft | 15 ft. above the roofline | _____ |
Stairwells | 200 gross sq. ft. per stairwell | 10 ft. above the roofline | _____ |
Chimneys, vent stacks and windscoops | 5% | 10 ft. above the height limit | _____ |
Parapets, fire escapes, catwalks, and open guard rails required by law | No limit | 4 ft. above the roofline | As required by Title 13 of the West Hollywood Municipal Code. |
Non-occupiable architectural features such as steeples, spires, towers, domes, and cupolas | 25% | 12 ft. above the height limit | Maximum aggregate coverage combined with rooftop features for outdoor living areas shall not exceed 25% of the total roof area. |
Rooftop features for outdoor living areas, such as sunshade and open trellises | 25% | 10 ft. above the roofline | Maximum aggregate coverage combined with non-occupiable architectural features shall not exceed 25% of the total roof area. |
Mechanical rooms and enclosures, telecommunications facilities, ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building For telecommunications facilities, please see also Section 19.36.350 | 15% | 10 ft. above the roofline | Shall be set back from the edge of the roofline a minimum of 0.5 ft. for every foot in height above the roof above which they are situated. |
2.
Height Averaging. The maximum height of a structure may be averaged, subject to approval by the Community Development Director. For example, where a flat-roofed structure could be built to a height of 25 feet, a sloping roof could be built to a maximum average height of 25 feet with the lowest portions of the roof slope at 20 feet, and the highest portions at 28 feet.
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 14, 15, 2003; Ord. 18-1042 § 7, 2018; Ord. 19-1058 § 28, 2019; Ord. 24-16, 6/24/2024)
§ 19.20.090 Noise Mitigation.
A.
Maximum Noise Level. Proposed development and land uses shall comply with the requirements of the city's Noise Control Ordinance in Chapter 9.08 of the Municipal Code.
B.
Residential Project Mitigation. Developers of residential projects adjacent to existing commercial uses shall incorporate noise mitigating construction techniques to ensure that noise from existing commercial uses is abated to acceptable levels in compliance with Chapter 9.08 of the Municipal Code.
C.
Commercial Project Mitigation. Developers of commercial projects adjacent to residential zoning districts or existing residential uses shall incorporate noise mitigating construction techniques to ensure that noise from the proposed commercial activities is abated to acceptable levels in compliance with Chapter 9.08 of the Municipal Code.
D.
Mechanical Equipment. Equipment located on the rooftop of a structure shall be enclosed or incorporate other elements to prevent adverse noise that might be heard by persons on adjacent properties.
(Ord. 01-594 § 2, 2001)
§ 19.20.100 Outdoor Lighting.
A.
General Standards for Outdoor Lighting. Outdoor lighting shall be designed to prevent glare, light trespass, and sky glow in accordance with the most recent edition of the California Energy Code (Title 24, Part 6). Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness. Exterior lighting shall:
1.
Be architecturally integrated with the character of the structures;
2.
Be directed away from adjacent properties and public rights-of-way;
3.
Be energy-efficient and shielded so that all glare is confined within the boundaries of the site;
4.
Use timers, where acceptable, to turn outdoor lights off during hours when they are not needed;
5.
Be appropriate in height, intensity, and scale to the uses they are serving;
6.
Use no more intensity than absolutely necessary;
7.
Comply with the backlight, uplight, and glare (BUG) requirements for outdoor lighting in accordance with the most recent edition of the California Energy Code (Title 24, Part 6);
8.
If on a pole, be low and relatively closely spaced. Lighting in large surface areas (e.g., parking lots), shall use a larger number of lower, pole-mounted fixtures rather than fewer, taller fixtures. Wattage shall be kept below 250 watts.
B.
Security Lighting. Security lighting shall be provided at all structure entrances and exits, except for single-family dwellings and duplexes, where this requirement is optional. Motion-sensing controls shall be used with rapid-start lamps, except where the Community Development Director deems that these are not appropriate or feasible.
C.
Shielded Lighting. Light sources associated with non-residential land uses shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be visible from adjacent properties or the public right-of-way. This section does not apply to traffic safety lighting, or public street lighting.
§ 19.20.110 Pedestrian Pathways.
The applicant shall provide sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each structure in a proposed project. The applicant for a project on property which is near or abuts a pedestrian crosswalk may be required to improve the crosswalk for pedestrian safety and convenience, where the review authority determines that the proposed project creates the need for these improvements. The improvements may include striping or restriping and repaving, adding pedestrian actuation, or a flashing signal.
(Ord. 01-594 § 2, 2001)
§ 19.20.120 Performance Standards.
All uses shall be developed and operated in a manner consistent with the performance standards of this section. Unless otherwise specified, the location where the determination shall be made of the existence of any dangerous or objectionable element or condition shall be at the property line of the use.
A.
Airborne Emissions. Airborne emissions shall not be produced that are readily detectable off-site without instruments by the average person, or which cause damage to human health, animals, vegetation, or property.
1.
Odors. Emission of odorous gasses or other odorous matter shall not be produced in quantities that are detectable off-site by the average person.
2.
Smoke. Emission of visible smoke shall not be produced of a shade equal to or darker than Ringlemann Number One or its equivalent opacity for more than three minutes in any one-hour period.
B.
Electrical Disturbance. Activities shall not produce electrical disturbance that affects the operation at any point of any equipment other than that which creates the electrical disturbance.
C.
Humidity, Heat, or Cold. Humidity, heat, or cold shall not be produced that is perceptible without instruments by the average person off-site.
D.
Vibrations. Vibrations that are perceptible off-site shall not be generated.
(Ord. 01-594 § 2, 2001)
§ 19.20.140 Screening of Equipment.
A.
Mechanical Equipment. Mechanical equipment and utilities shall be architecturally screened from public view. See also Section 19.20.080(C)(4) (Height Measurement and Exceptions - Mechanical equipment).
B.
Roof-Top Equipment and Appurtenances.
1.
Roof-top equipment and appurtenances shall not be visible from any point at or below the roof level of the subject structure. This requirement shall apply in the construction of new structures, and any replacement, re-location, or increase in the size of the mechanical systems of existing structures.
2.
The equipment shall be either enclosed by outer structure walls or parapets, or grouped and screened in a suitable manner, or designed to ensure balance and integration with the design of the structure, subject to the approval of the Community Development Director.
C.
Exemptions. Minor mechanical equipment features not exceeding one foot in height, and roof-mounted solar collection panels and their supports regardless of height, shall be exempted from the screening requirements of this section.
§ 19.20.150 Setback Measurement and Projections into Yards.
This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses; and space for landscaping, privacy, and recreation.
A.
Setback Requirements.
1.
All structures shall conform with the setback requirements established for each zoning district by Article 19-2 (Zoning Districts and Allowable Land Uses), Tables 2-3 and 2-6, and with any special setbacks established for specific uses by this section or by Chapter 19.36 (Standards for Specific Land Uses).
2.
Any portion of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way, except where approved by the Director of Public Works.
3.
Each required setback area shall be open and unobstructed from the ground upward, except as provided in this section.
B.
Exemptions from Setback Requirements. The minimum setback requirements of this Zoning Ordinance apply to all structures and uses except the following:
C.
Measurement of Setbacks. Setbacks shall be measured as follows. See Figure 3-4.
1.
Front Setbacks. The front setback shall be measured from the point of the front property line of the parcel nearest to the wall of the structure, establishing a setback line parallel to the front property line, except as follows, and except as provided by subsection (C)(6), below.
a.
Corner Parcels. The measurement shall be taken from the point of the structure nearest to the property line adjoining the street on which the property has the shortest frontage and from which access to the property is taken. The Community Development Director may approve an alternate primary frontage of corner parcels only when the Community Development Director finds on-site or adjacent conditions to be incompatible with the standard primary frontage and an alternate primary frontage will improve the site plan (including, but not limited to, the location of the setbacks, the location of building footprint, utilities, parking, and ingress/egress). See also subsection (C)(6), below.
b.
Flag Lots. The measurement shall be taken from the point of the wall of the structure nearest to the point where the access strip meets the bulk of the parcel; establishing a setback line parallel to the front property line that extends from the access strip to the side property line farthest away. See Figure 3-5.
 FIGURE 3-4 Location and Measurement Setbacks |
 FIGURE 3-5 Flag Lot Setbacks |
2.
Side Setbacks. The side setback shall be measured from the point on the side property line of the parcel nearest to the structure, establishing a setback line parallel to the side property line, that extends between the front and rear yards. See also subsection (C)(6), below.
3.
Street Side Setbacks. The side setback on the street side of a corner parcel shall be measured from the point of the side property line that adjoins the street right-of-way nearest to the structure. See also subsection (C)(6), below.
4.
Rear Setbacks. The rear setback shall be measured from the point on the rear property line of the parcel nearest to the structure, establishing a setback line parallel to the rear property line, that extends between the side property lines, except as follows, and except as provided by subsection (C)(6), below:
a.
If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the point of the easement or right-of-way line nearest to the structure;
b.
Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard; and
 FIGURE 3-6 Rear Setback for Irregular Lot |
c.
In determining the depth of a rear yard of a structure, where the rear yard adjoins an alley, one-half the width of the alley up to 10 feet, may be considered as a portion of the rear yard. This provision shall not reduce the depth of any residential rear yard to less than 15 feet from the property line; provided that the door of a structure, except a fence, that opens into an alley, shall not be established closer than 15 feet from the center of the alley.
5.
Nonparallel Lot Lines. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear yard along the line may be averaged; provided that the resulting side yard shall not be less than three feet in width, and the rear yard shall not be less than 10 feet in depth, at any point.
6.
Location of Setbacks on Corner Parcels Combined with Interior Parcels. When one or more interior parcels is combined with a corner parcel, the location of the front, side, and rear yards of the interior parcels shall be maintained as they existed before the parcel combination (lot tie) occurred.
D.
Limitations on Uses of Setbacks. Required setback areas shall only be used as follows.
1.
Structures. Required setback areas shall not be occupied by structures other than:
2.
Parking. See Section 19.28.030(C). (Location of Parking).
3.
Pavement. See Section 19.36.320(C). (Front Yard Paving).
4.
Storage. Front or street side setbacks shall not be used for the storage of scrap, junk, automobiles, boats, habitable trailers, utility trailers, similar vehicles, or equipment. This restriction includes the storage of operable or inoperable vehicles except on a paved driveway leading to a garage or carport.
E.
Allowed Projections into Setbacks. Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side, and rear setbacks as provided by Table 3-2, but shall project no closer to a property line than the minimum separation required by Table 3-2. See also Figure 3-7. See Section 19.36.300 regarding detached residential accessory structures.
F.
Setback Requirements for Specific Structures.
1.
Hot tubs, Swimming Pools, Spas, and Other Water Elements. Swimming pools, hot tubs, spas, and similar water elements intended for human occupancy may be allowed within a required rear setback, provided that it is located no closer than five feet to any property line. Ponds and other water elements not intended for active recreation and that do not exceed a height of 18 inches may be placed within any required setback.
2.
Retaining Walls. (Retaining walls less than 42 inches in height above finished grade are exempt.)
a.
Up to Six Feet. Retaining walls from 42 inches to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel.
b.
Over Six Feet. Retaining walls greater than six feet in height, or where the exposed side of the wall faces out from the subject parcel without regard to height, shall be subject to the same setback requirements as the primary structure.
 FIGURE 3-7 Examples of Allowed Projections Into Side Setbacks |
TABLE 3-2 ALLOWED PROJECTIONS INTO SETBACKS | |||||
|---|---|---|---|---|---|
Projecting Feature | Maximum Projection into Setback | ||||
Front Setback | Street Side | Interior Side | Rear Setback | Minimum from property line | |
Art and sculpture | Determined by approval process in Chapter 19.38 (Urban Art Program) | ||||
Awnings, canopies — Cantilevered, only over windows or doors and no wider than 12 in. beyond the edges of the window or door; maintained dust-free, repaired or replaced when necessary. | 60 in. | 60 in. | 30 in. | 72 in. | 30 in. |
Balconies, stairways — Above the first floor, open and unenclosed by other than railings. | 48 in. | 24 in. | 24 in. | 48 in. | 36 in. |
Bay windows, and similar enclosed projecting windows. The width of the window shall not exceed 10 ft. when in the front, street side, or rear yard or 7 ft. when in the side yard.1 | 60 in. | 30 in. | 30 in. | 60 in. | 36 in. |
Carports on single-family or duplex residences. See Section 19.36.311 | Vertical supports may be located anywhere within required setback, provided structure complies with applicable Building Code requirements and is of a design compatible with the dwelling | N.A. | |||
Chimney or fireplace, 8 ft. or less in width, and not enclosing usable interior floor area. | 30 in. | 30 in. | 30 in. | 30 in. | 30 in. |
Cornices, belt courses, and similar architectural features. | 12 in. | 12 in. | 12 in. | 12 in. | N.A. |
Eaves, roof overhangs – Cantilevered, and at least 8 ft. above grade. | 30 in. | 30 in. | 30 in. | 30 in. | 30 in. |
Enclosed driveway ramps to access subterranean parking for commercially zoned properties adjacent to residentially zoned properties. Maximum height of 10 ft. above grade.4 | None | None | To property line | To property line | N.A. |
Equipment — Air conditioners, electric and gas meters, water heaters. | 30 in. | 30 in. | 30 in. | 30 in. | 30 in. |
Parking garage — fully subterranean. | To property line | To property line | To property line | To property line | None |
Porch, deck, landing — Covered, not exceeding 14 ft. in height, including any second level railing or parapet, not exceeding 60% of the building frontage, and unenclosed on three sides | 72 in. | 72 in. | None | None | 60 in. |
Porch, deck, landing — Uncovered, except by arbors, gazebos, or trellises more than 12 in. above grade, but not above the first floor level, unenclosed other than an open work railing3 | 10 ft. | 60 in. | No limit | No limit | 24 in. |
Parking garage — Semi-subterranean, for residential project in R3 or R4 zones on lot 50 ft. or less in width, that projects not more than 30 inches above grade measured from adjacent property | None | None | To property line | None | N.A. |
Uncovered steps, including any required hand railing | To property line | To property line | No closer than 24 in. to the side or rear property lines | N.A. | |
Utility risers, rain gutters, downspouts, etc. | 12 in. | 12 in. | 12 in. | 12 in. | N.A. |
Wing walls — Maximum thickness of 1 ft., and a maximum height of 9 ft. | None | None | To property line | None | |
Notes: | |
|---|---|
(1) | Within a commercial zoning district, the bay window shall not increase usable floor area beyond that allowed by the applicable FAR requirement. |
(2) | Patio area shall not exceed 50 percent of the required rear yard. |
(3) | Provided that in each yard, no more than 50 percent of the yard is covered with impermeable surfaces. |
(4) | Use of the rooftop of the enclosed driveway is prohibited. Access to the rooftop shall be limited to maintenance related purposes. |
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 16, 2003; Ord. 15-956 § 7, 2015; Ord. 17-1007 § 9, 2017; Ord. 19-1058 §§ 31, 32, 2019; Ord. 24-16, 6/24/2024)
§ 19.20.160 Sidewalks.
Combined sidewalk and parkways in all zoning districts shall be a minimum of 10 feet, except as otherwise provided by the Sunset Specific Plan, or when determined infeasible or undesirable by the Director of Public Works. See also Section 19.26.040(C)(1) and Chapter 11.46 for parkway requirements.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 17, 2003; Ord. 19-1058 § 33, 2019; Ord. 19-1074 § 8, 2019)
§ 19.20.170 Solar Access and Solar Equipment.
These provisions are intended to ensure that solar energy systems are protected from shading and to facilitate their safe operation. The standards may be modified by the Community Development Director in the case where compliance would demonstrably reduce the operating efficiency or performance of the solar energy system and compliance will not adversely impact public health and safety.
A.
Protection of Solar Access. A structure, fence, or wall shall not be constructed or modified in a residential zoning district, and vegetation (except for trees growing in the parkway) shall not be placed or allowed to grow, so as to obstruct the solar absorption area of a solar energy system on a neighboring parcel to a degree that the system cannot function as intended to contribute to the energy needs of the property. The Review Authority may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the General Plan or Zoning Ordinance. If the owner of the property where the solar energy system is installed is willing to relocate the system, the city has the discretion to require the property owner whose structure, fence, wall or vegetation may obstruct the solar energy system to pay the reasonable relocation costs. In order to prevent development on a neighboring property under this subsection, a solar energy system shall be:
1.
Installed in such a manner that the system cannot feasibly be relocated to another part of the property on the date that the city deems the development permit application complete;
2.
Functioning as intended to contribute to the energy needs of the property on the date that the city deems the development permit application complete; and
3.
Capable of collecting, storing, and distributing solar energy to contribute to the energy needs of the property, including without limitation space heating, space cooling, electric generation, or water heating.
(Ord. 01-594 § 2, 2001; Ord. 08-794 § 8, 2008; Ord. 10-861 § 2, 2010; Ord. 19-1058 § 34, 2019; Ord. 24-16, 6/24/2024)
§ 19.20.180 Solid Waste and Recyclable Materials Storage.
This section provides requirements for solid waste and recyclable material storage areas in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 et seq.).
A.
Waste Collection and Operations Plan Required. Each new multi-family, non-residential, and mixed-use project shall develop and implement a waste collection and operations plan in compliance with regulations provided by the Director of Public Works.
1.
The plan shall include sufficient information for a complete understanding of the proposed waste collection and operations. At minimum, the plan shall address the frequency of collection, the appropriate service levels and logistics, the loading requirements, the projected waste volume, and the storage space allocation for solid waste, recycling, and organics collection. The plan shall be submitted as part of the land use and development permit application subject to review and approval by the Director of Public Works.
B.
Multi-Family Projects. Multi-family residential projects with five or more dwelling units shall provide and maintain solid waste, recyclable, and organic material collection containers in the following manner:
1.
Individual Unit Storage Requirements. Each dwelling unit shall be designed to include a space with a minimum of three cubic feet for the storage of solid waste and three cubic feet for the storage of recyclable material; and
2.
Common Storage Requirements. Multi-family projects shall maintain common solid waste, recyclable, and organic material collection containers. Space shall be allocated as appropriate for the number and type of collection containers required, as determined by the project's approved waste collection and operations plan. Storage areas may be located indoors or outdoors as long as they are readily accessible to all residents.
a.
Compactor Service. Compactors may be required in place of carts or bins based on a project's waste collection and operations plan and at the discretion of the Director of Public Works.
C.
Non-Residential Structures and Uses. Non-residential structures and uses within all zoning districts shall provide and maintain solid waste, recyclable, and organic material collection containers. Space shall be allocated as appropriate for the number and type of collection containers required, as determined by the project's approved waste collection and operations plan. These requirements apply to each primary structure.
1.
Compactor Service. Compactors may be required in place of carts or bins based on a project's waste collection and operations plan and at the discretion of the Director of Public Works.
D.
Location and Configuration Requirements. Solid waste, recyclable, and organic material storage areas shall be conveniently located as follows:
1.
Solid waste, recyclable, and organic material storage areas shall be located adjacent to, or near one another, or combined. They may only be located inside the building (including, but not limited to, within subterranean or surface level parking structures), inside a specially designated structure, on the outside of a structure in an approved fence or wall enclosure, in a designated interior court or yard area with appropriate access, or in rear or interior side yards. Exterior storage areas shall not be located in a required front yard, street side yard, parking space, access aisles adjacent to ADA parking spaces, landscaped, or open space areas;
2.
The storage areas shall be accessible to residents and employees at all times. Storage areas within multi-family residential projects shall be conveniently located to the dwellings that they are intended to serve;
3.
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel with at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;
4.
If a subterranean garage driveway slope is greater than 20 percent at any point, an alternative means of conveying the solid waste, recyclable, and organic containers to grade level, such as a lift, shall be provided.
E.
Design and Construction. Solid waste, recyclable, and organic storage areas shall be subject to the approval of the Director of Public Works, and shall be:
1.
Enclosed on three sides by a solid screening wall or fence with a minimum height of five feet, designed to be architecturally compatible with the surrounding structures;
2.
Provided with an approved operable door or gate on the fourth side, properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal and collection of materials;
3.
Provided with a concrete pad within the fenced or walled areas and a concrete apron which facilitates the handling of the individual bins or containers;
4.
Designed to protect the areas and the individual bins or containers within from adverse environmental conditions which might render the recyclable materials unmarketable; and
5.
Designed to meet or exceed the minimum clearance standards set by the Director of Public Works for the level and type of service.
(Ord. 01-594 § 2, 2001; Ord. 09-812 § 7, 2009; Ord. 09-813U § 7, 2009; Ord. 19-1058 § 35, 2019; Ord. 19-1072 § 10, 2019; Ord. 21-1144 § 6, 2021)
§ 19.20.190 Storm Drainage and Storm Water Runoff.
A.
Prevention of Runoff. Site grading shall be designed to prevent runoff onto adjacent properties and to eliminate the impacts of runoff on all structures on the site.
B.
Connection to Public Drainage System Required. On-site drainage systems shall be connected directly to the existing public storm drainage system whenever an underground storm drain exists adjacent to a development site. Connection to a storm drainage system shall be in compliance with any required connection permits of the jurisdictional agency.
C.
Runoff Water Quality. Storm water and urban runoff discharges to the public storm drainage system shall be prohibited for all discharges not wholly comprised of storm water, or allowed by a valid National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board. Discharges shall comply with the city's Stormwater Ordinance, Chapter 15.56 of the Municipal Code. Proposed projects shall be designed to comply with the following requirements, and shall integrate best management practices as required by the city's NPDES permit and to the satisfaction of the City Engineer:
1.
Minimize parking lot pollution through retention, infiltration, and good housekeeping.
2.
Vegetation clearance in preparation for construction shall commence no earlier than one month before the start of construction in the dry season and no more than one week before the start of construction in the wet season.
3.
Runoff from the washing of toxic materials from paved or unpaved areas shall not be allowed to enter the storm drain.
D.
Non-Permeable Surfaces. No more than 50 percent of required ground-level common open space areas, and of all required setbacks and yards, shall have non-permeable surfaces. Porous paving and landscaping shall be considered permeable surfaces. Where subterranean parking garages extend to property lines, an alternate area of size equal to at least 50 percent of the required yard shall have a permeable surface.
(Ord. 01-594 § 2, 2001)
§ 19.20.200 Street Address Numbers.
Each structure except accessory structures shall be provided a street address number in compliance with this section.
B.
Location.
1.
Address numbers shall be located at the front of the structure and clearly visible from the street.
2.
Unit numbers shall be on a door or wall visible from main halls or walkways.
3.
Businesses with rear or alley access shall also have addresses, of at least three inches in height, displayed adjacent to the rear entrance.
C.
Color. Address numbers shall be composed of highly contrasting colors or materials.
D.
Maintenance. The address numbers shall be maintained and kept clear of vegetation.
E.
Layout Map. Development projects with multiple structures or wings with multiple entrances shall display a layout map or plan near the main entrance. The map shall be weather resistant and constructed of permanent materials.
(Ord. 01-594 § 2, 2001)
§ 19.20.210 Streetscape Design.
All projects shall be designed to comply with the Urban Design Streetscape Master Plan and, where applicable, the Sunset Specific Plan, or any adopted city plan that supersedes them.
(Ord. 01-594 § 2, 2001)
§ 19.20.220 Transit Stop Improvements.
Structure entrances shall be designed to provide safe and efficient access to nearby public transit stops. The applicant for a development on property which is near or abuts a transit stop may be required to make transit stop improvements. Improvements may include the installation of a bus pad, new benches, or shelter. When practical, the bus stop shall be built into the project or be compatible with the development.
(Ord. 01-594 § 2, 2001)
§ 19.20.230 Undergrounding of Utilities.
All utilities on and serving the project site, except for electrical lines of 16 kV or greater, shall be installed underground. The undergrounding shall be accomplished in compliance with the utility's rules and tariff schedules on file with the California Public Utilities Commission. The review authority may grant a modification or waiver of this requirement if it finds that the general purposes and nature of the proposed development, and conditions of the site or vicinity make underground installation infeasible.
(Ord. 01-594 § 2, 2001)
§ 19.20.240 Art on Construction Fencing.
A.
Applicability.
1.
Required. Commercial properties under construction shall install temporary art along the street-facing perimeter construction fence of the property (excluding alleyways) if the construction is for a development project of 10,000 square feet or more and has one street-facing frontage of at least 75 linear feet.
The construction fence shall meet the requirements of the Building Code of the City of West Hollywood and the project's construction mitigation plan or Chapter 9.70 of this code and the temporary art shall comply with the provisions of this section.
2.
Allowed. All other commercial properties under construction may install temporary art onto the property's construction fence, provided that the fence complies with the Building Code of the City of West Hollywood and the project's construction mitigation plan, and that the art complies with the provisions in the section.
B.
Review Authority. Prior to the issuance of any building permits for a project where art is required under subsection A above, an Art on Construction Fence application shall be submitted to the Arts Division for review and approval. Applications shall be reviewed by the Division in accordance with the Art on Construction Fence Program approved by the Arts and Cultural Affairs Commission.
C.
Advertisements. Use of advertisements on construction fence artwork shall not be permitted as set forth in Section 19.34.090 Prohibited and Restricted Signs. Names of architects, contractors, designers, financing institutions, future occupancy signs, renderings, and/or information on the project are permitted and shall comply with the standards in Section 19.34.050(F) Temporary Signs.
D.
Installation. The applicant shall install the artwork on the construction fence within five business days of the assembly of the construction fence. Additionally, the applicant shall submit photographic documentation of the completed installation of the artwork on the construction fence to the Arts Division staff within 14 business days.
E.
Maintenance of Artwork. The applicant shall maintain the integrity of the artwork on the construction fence and may be required to repair or reinstall if significant deterioration occurs.
(Ord. 17-1012 § 6, 2017; Ord. 19-1088 § 5, 2019)
§ 19.20.250 Transportation Demand Management.
§ 19.20.260 Gender Neutral Public Toilet Facilities.
A.
The following shall be required to provide gender-neutral public toilet facilities:
1.
All new and renovated commercial buildings that constitute a major remodel, as that term is defined under Article 19.90 of the West Hollywood Municipal Code,
2.
Commercial renovations requiring a building permit that include the removal of interior partitions or a complete floor plan alteration, and
3.
Commercial renovations that include relocation, expansion, or accessibility upgrades of existing restrooms.
B.
Gender neutral public toilet facilities are defined as restrooms whose access shall not be restricted to persons of a specific sex or gender identity. Design standards for all public toilet facilities (both single and multiuser) shall be adopted by the City Council, which may be amended from time to time by the Director of Planning and Development without further action of the City Council.
C.
This section is not intended to conflict with or contravene compliance with any federal or state laws pertaining to persons with disabilities, including, but not limited to, the Americans with Disabilities Act ("ADA") and any other provisions contained in the California Building Code
D.
Waivers or Modifications. The city may waive or modify the requirements of this section upon application to the Community Development Department where any of the following are present and substantiated:
1.
Compliance is technically infeasible. The alteration shall provide equivalent facilitation or comply with the requirements to maximum extent feasible.
2.
Compliance will create an unreasonable financial hardship. The cost of compliance, the valuation of the project, the impact of proposed improvements on financial feasibility of the project, and the use of the facility under construction shall all be considered to determine a hardship. Equivalent facilitation or compliance shall be provided with the requirements to maximum extent feasible.
3.
Use and Occupancy. Special consideration will be made for certain occupancies such as religious and educational uses.
4.
The policy for consideration, approval and appeal of the Director's decisions regarding requests for waivers or modifications under this Section 19.20.260(D)(4) will be adopted by the City Manager or designee.
E.
This section has been added to the West Hollywood Municipal Code in furtherance of and in compliance with Health and Safety Code Section 118507, which shall become inoperative on the date that standards that address all-gender, multiuser facilities takes effect in the California Building Standards Code (Title 24 of the California Code of Regulations). As of the date that Health and Safety Code Section 118507 is repealed, this section and Section 13.12.045 shall also be repealed.
§ 19.22.010 Purpose.
A.
This chapter provides requirements and incentives for the development of affordable housing units in conjunction with other residential and mixed use projects and commercial projects in partnership with affordable housing providers as provided under state law. These provisions are intended to implement General Plan policies encouraging the production of affordable housing for all economic groups, and housing for disabled and older residents, transitional foster youth, and disabled veterans, and homeless persons as defined in Government Code Section 65915, all of which is integrated, compatible with and complements adjacent uses, and is located near public and commercial services.
B.
The incentives offered in this chapter are used by the city as one means of meeting its commitment to encourage housing affordable to all economic groups, and to meet its regional fair share requirements for the construction and rehabilitation of housing affordable to very low, low, moderate, and above moderate income persons.
C.
This chapter shall be interpreted in a manner supplementary to and consistent with California Government Code Chapter 4.3 (State Density Bonus Law).
(Ord. 01-594 § 2, 2001; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018)
§ 19.22.020 Applicability.
A.
B.
Exemptions. The provisions of this chapter shall not be applicable to the following:
1.
A new single-family dwelling or the replacement of one single-family dwelling with another single-family dwelling;
2.
Accessory dwelling units and junior accessory dwelling units; and
3.
Commercial development projects, except as may be applicable to obtain development bonuses under California Government Code Section 65915.7, where the developer of a commercial project has entered into an agreement for partnered housing with an affordable housing developer and provides affordable housing through a joint project or through two separate projects encompassing affordable housing.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 19, 2003; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018)
§ 19.22.025 Processing Density Bonus Applications.
A.
The application for a density bonus and/or concessions shall be processed concurrently with the underlying land use permit and entitlement application and in accordance with the procedures set forth in Section 19.40.040. In addition to any other applicable application requirements, the application shall be made on a form supplied by the Community Development Department and shall include:
1.
A density bonus proposal that includes a description of the unit counts that make the project eligible for the requested density bonus, including any known income information for any tenants necessary to apply the requirements of Section 19.22.050(B) below;
2.
A proposal for the specific concessions the applicant requests. For "other regulatory concessions" under Section 19.22.050(E)(2)(f) other than an additional story, the applicant shall provide an explanation of the regulatory concession and how it results in identifiable and actual cost reductions for the project to offset the affordable housing costs, or for rents for the targeted units as specified in Government Code Section 65915. The intent of this requirement is to provide reasonable documentation to establish eligibility for the concession or to demonstrate the concession meets the definition set forth in Section 65915. The explanation may be, but is not required to be, in narrative form;
3.
A proposal for any requested waiver or reduction of the development standard if compliance with a development standard would physically preclude construction of the project as proposed. The proposal shall include an explanation of how the development standard would physically preclude construction of the project as proposed; and
4.
A proposal for any requested reduction in parking ratios under Section 19.22.050(F) and an explanation for how the project is eligible for the requested reduction.
B.
Review Authority. A request for density bonus or concession shall be reviewed concurrently with and by the same review authority as the underlying application for land use permits and entitlements as set forth in Section 19.40.020.
C.
Application for Density Bonus Housing Agreement. Once the land use permits, entitlements and any density bonus have been approved as described above, the applicant shall file an application, including the payment of any processing fees with the Housing Division for approval and finalization of the Agreement Imposing Restrictions on Real Property (Density Bonus Housing Agreement).
(Ord. 18-1044 § 8, 2018; Ord. 24-16, 6/24/2024)
§ 19.22.030 Affordable Units Required.
A.
Requirement. Projects subject to this chapter shall permanently set aside the following number of units as affordable to and reserved for very low-, low- and moderate-income households as determined by eligibility requirements and a rental and sales price schedule established annually by Council resolution. Unless otherwise noted, inclusionary units provided shall be of comparable size and finish quality to the non-inclusionary units. Units types shall be determined as outlined in subsection F. Projects subject to a unit replacement requirement under state law are still required to meet the local inclusionary requirement as detailed below by providing additional affordable units to satisfy this requirement:
1.
Projects of 10 or Fewer Units. One unit.
2.
Projects of 11 to 20 Units. 20 percent of the base unit count (alternating as set forth in subsection F below). All affordable units shall be of comparable size and finish quality to the non-inclusionary units, or provided as units that are a minimum of one bedroom and minimum interior area of 650 square feet with finishes and appliances of "builder's quality" or better.
3.
Projects of 21 to 40 Units. 20 percent of the base unit count (alternating as set forth in subsection F below). All affordable units shall be of comparable size and finish quality to the non-inclusionary units, or 30 percent of the unit count of all non-inclusionary units provided with units that are a minimum of one bedroom and minimum interior area of 650 square feet with finishes and appliances of "builder's quality" or better.
4.
Projects of 41 Units or More. 20 percent of the base unit count (alternating as set forth in subsection F below). All affordable units shall be of comparable size and finish quality to the non-inclusionary units, or if it would result in additional inclusionary units and units that better serve the affordable housing needs of the city, project shall provide 20 percent of the gross residential floor area of all non-inclusionary units as affordable housing units. If the floor area calculation is used, units provided shall be comparable in size to non-inclusionary units, or provided as a minimum of one bedroom and a minimum interior area of 650 square feet with finishes and appliances of "builder's quality" or better.
5.
For mixed-use projects in the mixed-use overlay zone, applicants are permitted to choose their residential base unit count, provided it complies with the applicable FAR limitations and any size limitations for habitable units in the Building Code (and all other applicable standards that could limit the size or number of units).
B.
Common Interest Development Conversions. If the existing residential units to be converted to a common interest development include rental inclusionary housing units, the inclusionary units shall be sold as ownership affordable units, or upon approval from the city can be retained as affordable rental units.
1.
If the city authorizes the affordable rental units to be retained, the owners shall record a covenant guaranteeing the affordability of the rental units and waiving certain rights granted by state law (Government Code Section 7060 et seq.) for the life of the project.
2.
If the units are to be sold to targeted income groups, the owners shall record a covenant restricting future sales prices to levels affordable to the targeted income group and subject to the requirements in Section 19.22.090.
a.
Before approval of a final map, the applicant shall post tenant relocation fees for each inclusionary unit in an escrow account approved by the Community Development Director and the Finance Director. The amount deposited for each inclusionary unit shall be the maximum amount of tenant relocation fees allowed under the Rent Stabilization Ordinance. Tenant relocation fees shall be paid in compliance with the Rent Stabilization Ordinance.
b.
Any difference between the amount of fees deposited by the applicant and the amount payable to the displaced tenant shall be refunded to the applicant. Any costs associated with the escrow accounts shall be paid by the applicant.
C.
Unit Size, Type, and Location.
1.
Unless otherwise permitted by other sections of the Zoning Ordinance, inclusionary units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-inclusionary units in the project, and shall be comparable with the non-inclusionary units in terms of appearance, finished quality, and materials as approved by the review authority.
2.
The Planning Commission, or City Manager as a minor modification of an approved development agreement, may modify the requirements as to unit size or type if it finds that a modification would better serve the affordable housing needs of the city.
3.
While the intent is for inclusionary units to be dispersed throughout the project as much as possible, inclusionary units may be clustered within a building if the review authority, or City Manager as a minor modification of an approved development agreement, determines that such clustering results in the creation of more affordable units than would otherwise be provided, or provides a documented public benefit, or due to circumstances unique to the project size, location or design otherwise better serves the affordable housing needs of the city.
4.
The Planning Commission, may modify the requirement that inclusionary units be reasonably dispersed throughout a project and approve placement of the units in a separate structure on the site if doing so would better serve affordable housing needs and if all of the following conditions are satisfied:
a.
The project contains a minimum of 30 inclusionary units and inclusionary units constitute at least 25 percent of the number of units in the market-rate portion of the project.
b.
The inclusionary units are of comparable quality and materials of the market-rate units unless it can be demonstrated that this is infeasible.
c.
The inclusionary units will be available for rental and will be actively marketed for rental at the same time as the market-rate units are available for occupancy, and rented within a time frame determined by the affordable housing agreement.
d.
The inclusionary units will be managed by an experienced non-profit housing provider that is familiar with the West Hollywood area, population and needs.
e.
Prior to issuance of any building permit for the project as a whole, the developer will provide a signed operating agreement with the non-profit housing provider acceptable to the City Council.
f.
Prior to issuance of any building permit for the project as a whole, the developer will enter into and record an affordable housing agreement with the City of West Hollywood further describing conditions and covenants affecting the building including, but not limited to, income and rent restrictions, reporting requirements, capital reserve requirements, and programming.
g.
The inclusionary units shall not be liable for any homeowners, condominium, or other fees or dues, and shall not be otherwise responsible for the debts or maintenance of the market rate portion of the project.
h.
Covenants, conditions and restrictions of the market rate portion of the project shall contain provisions that ensure access to facilities as described in the affordable housing agreement, including, but not limited to, parking, access, and amenities that will be shared; representation, if any on the Condominium Board, and requirements for mediation of disputes.
i.
The project will be owned by the developer or an affiliate of the developer for a period of time as designated in the affordable housing agreement, but in no event less than five years from issuance of a certificate of occupancy. The agreement will provide for a waiver of developer's and its successor's rights under Government Code Section 7060 et seq., to remove the inclusionary units from the rental market. If, after the period of ownership prescribed in the agreement the developer wishes to relinquish ownership, it may be sold subject to city approval under terms that will enable the non-profit operator to operate the project under the requirements of this section and the affordable housing agreement.
j.
An on-site resident manager will be in place to serve the tenants occupying the inclusionary units.
k.
The inclusionary units will receive the same quality of maintenance and capital improvements (excluding unit-specific upgrades) as the market-rate units. In addition, at a minimum, maintenance will be performed in accordance with Chapter 17.56 of this Code.
l.
The inclusionary units will be covered with comparable insurance protection as provided to the market-rate development and common areas.
m.
The developer will provide special services to the inclusionary unit tenants based on tenants' needs. These services shall be provided by a qualified non-profit provider. These services shall include a resident service coordinator and case management services. A full description of the services to be provided shall be included in the operating agreement.
n.
The provision of affordable housing under this section will qualify the developer for bonus densities as provided in this Code and state law.
D.
Builders Quality. "Builders quality" appliances and materials shall mean those of durable, good and lasting quality, consistent with any applicable City Code requirements, and to the satisfaction of the Community Development Director.
E.
Inclusionary units shall have the same number and type of appliances as non-inclusionary units. The exterior of inclusionary units shall be of the same appearance, finished quality and materials as the non-inclusionary units and shall be indistinguishable from the non-inclusionary units.
F.
When only one affordable dwelling unit is constructed, it may be allocated for a very low, low or moderate income household. When two or more affordable units are constructed, the units shall be allocated alternately with the first unit allocated for a low or very low income household and the second allocated for a moderate income household, alternating between low or very low, and moderate income until all units are assigned a level of affordability.
G.
Notwithstanding the affordable units required by this Section 19.22.030, the following provisions also apply. A housing development project shall not be approved if it requires demolition of one or more residential dwelling units unless the project will create at least as many units as will be demolished. A development project shall not be approved that will require the demolition of occupied or vacant protected units unless the project complies with the applicable replacement provisions of California Government Code Section 66300.6. The terms used herein are defined in Government Code Section 66300.5, if not otherwise defined in the Zoning Ordinance.
1.
If any dwelling units are subject to Title 17 (Rent Stabilization) of this Code and are occupied on the date of application or within the past five years by persons or families of an above lower-income category, the project shall provide at least the same number of units of equivalent size and those units shall be subject to Title 17 (Rent Stabilization) of this Code (notwithstanding anything to the contrary in WHMC Section 17.24.010(a)(4)).
(Ord. 01-594 § 2, 2001; Ord. 03-649 §§ 3, 4, 2003; Ord. 05-719 § 5, 2006; Ord. 07-763 § 7, 2007; Ord. 07-774 § 5, 2007; Ord. 08-801 § 5, 2008; Ord. 14-934 § 4, 2014; Ord. 18-1044 § 8, 2018; Ord. 19-1058 §§ 36 – 38, 2019; Ord. 21-1137 § 6, 2021; Ord. 23-23 §§ 4, 5, 2023; Ord. 24-16, 6/24/2024; Ord. 24-26, 10/7/2024)
§ 19.22.040 Affordable Housing Fees.
A.
In-lieu Fee. Developers of residential projects with 10 or fewer units may choose to pay a fee, in-lieu of providing the required affordable unit on site.
B.
Amount of Fee. The amount of the in-lieu fee shall be calculated in compliance with the Council's Fee Schedule.
C.
Timing of Payment. The fee required by this section shall be paid before issuance of a building permit for the approved project.
D.
Basis for Fee. Fees paid to fulfill the requirements of this section shall be computed based on the number and size of the units to be constructed. Unit size shall be gross livable floor area, including private balconies, decks and patios.
E.
Affordable Housing Trust Fund. Fees paid to fulfill the requirements of this chapter shall be placed in the city's Affordable Housing Trust Fund. The funds shall be used exclusively for projects which have a minimum of 60 percent of the dwelling units affordable to low- and moderate-income households, with at least 20 percent of the units available to low income households. Only tax exempt nonprofit corporations seeking to create or preserve the housing in the city shall be eligible to apply to the Council for funding. The funds may, at the discretion of the Council, be used for predevelopment costs, land or air rights acquisition, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing. In a project that includes market-rate units, trust fund monies shall only be provided to assist in the acquisition and construction of those units affordable to lower- and moderate-income households.
(Ord. 01-594 § 2, 2001; Ord. 05-719 § 6, 2006; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018)
§ 19.22.050 Affordable Housing Incentives.
This section provides density bonuses for specified housing projects and commercial projects that are affiliated with on-site or off-site affordable housing projects as set forth in Section 19.22.020.B.3. The provided affordable units qualifying a project for a bonus shall be affordable to and reserved for households at the income levels qualifying the project for the bonus for the length of time established by City Council resolution and in compliance with state law. For standards and bonuses for congregate care and senior housing projects, see Section 19.36.110 (Congregate Care and Senior Residential Projects).
A.
Basis for Bonus. In order to encourage the construction of housing affordable to very low, low, and moderate income persons, transitional foster youth, disabled veterans, and homeless persons, and the replacement of residential rental units lost through new construction, density bonuses shall be allowed in compliance with this section.
B.
Limitation on Use of Bonus. A density bonus shall not be:
1.
Used in conjunction with a project paying a fee in-lieu of providing inclusionary units;
2.
Used with, or added to another density bonus provided for in the West Hollywood Municipal Code in the residential zoning district. This does not preclude a project that provides affordable housing from requesting any other incentives or concessions provided by Chapter 19.22;
3.
Used to increase any commercial floor area of a mixed-use project; the affordable housing density bonus shall only be applied to the residential floor area of the project, unless the project applies for a commercial density bonus under Government Code Section 65915.7 and referenced above in Section 19.22.020.B.3.
4.
Used in conjunction with a project unless it complies with applicable replacement requirements in Government Code Section 65915(c)(3), Government Code Section 66300.6, and Section 19.22.030(G) above.
C.
Permanently Dedicated Affordable Housing Density Bonus in R3 and R4 Zones.
1.
A density bonus equal to the percentage of units permanently dedicated to very low-, low-, and moderate-income persons may be permitted in the R3 and R4 zones if:
2.
100 Percent Affordable Housing Projects. For projects where 100 percent of all residential units, including total units and density bonus units, except manager's unit or units, are 100 percent affordable, where up to 20 percent of the units in the development may be for moderate-income households and the remainder of units are for very low- and low-income households, the following rents, bonuses, incentives, and parking requirements apply:
a.
Density Bonus. There shall be no maximum number of units required.
b.
Rents.
i.
The rent for up to 20 percent of the units in the development shall be set at moderate-income rent, as defined in Section 50053 of the Health and Safety Code.
ii.
The rent for the remaining units in the development shall be low or very low-income units, set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
c.
Concessions. Up to four concessions (see subsection E below) shall be permitted. Additionally, the project may also request a height increase of up to three additional stories, or 33 feet.
d.
Parking. Parking shall not be required.
e.
A deed restriction shall be placed on the property to restrict the units as affordable for a minimum of 55 years.
D.
Density Bonus. As provided by state law and unless restricted by subsection B or as authorized by subsection C, projects may apply for housing density bonuses up to a maximum of 50 percent. Density bonuses shall be subject to the following:
1.
Density Bonuses Permitted. The amount of density bonus granted shall be based on the following table:
Unit Type | Minimum % of Units | Density Bonus Granted | Additional Bonus for each 1% Increase in Units |
|---|---|---|---|
Very Low-Income | 5% | 20% | 2.5% bonus through 11% of units 3.75% from 11%—15% of units |
Low-Income | 10% | 20% | 1.5% bonus through 20% of units 3.75% from 20%—24% of units |
Moderate-Income | 10% | 5% | 1% bonus through 40% of units 3.75% from 41%—44% |
Units for transitional foster youth, disabled veterans, or homeless persons, as those terms are defined in Government Code Section 65915, provided at the same affordability level as very low-income units for 55 years | 10% | 20% (of the same type of unit giving rise to the density bonus) | N/A |
2.
A density bonus for a land donation for a childcare center or construction of a childcare center shall be provided as set forth in Government Code Section 65915.
3.
Density Bonus Calculations.
a.
For the purposes of calculating the permitted housing bonus in residential zones, "density" shall refer to the maximum allowable residential density per square foot of site area permitted in the zone in which the project is located. The density bonus may result in more market rate units than would otherwise be permitted by the zone. When the affordable housing density bonus is utilized on a project in a residential zoning district, no other bonus for additional density provided for in the West Hollywood Municipal Code (e.g., green building, senior housing, etc.) shall be applied to that project. The base number of units used to calculate the bonus does not include units added by a density bonus awarded pursuant to this section.
b.
For the purposes of calculating the permitted housing bonus in commercial zones, "density" shall refer to the maximum floor area ratio ("FAR") permitted in the zone in which the project is located, inclusive of applicable mixed-use bonuses. Because these projects are in the commercial zone, the FAR is not translated into a unit count for purposes of calculating the density bonus. In the commercial zones, the affordable housing density bonus authorized under this section shall only be used to increase the residential floor area of the project (unless otherwise authorized by Government Code 65915.7 as set forth in Section 19.20.020.B.3), but may be used in addition to any other applicable bonus available under the West Hollywood Municipal Code. In such event, the base FAR may be combined with any available mixed-use bonus to determine the density from which the affordable bonus will be calculated. Any other applicable bonus (e.g., senior housing, etc.) shall be added after the affordable housing density bonus calculation.
c.
Any density calculation, including base density and bonus density, that results in a fractional number shall be separately rounded up to the next whole number.
4.
All affordable units shall be constructed on site.
E.
Concessions. In compliance with state law, projects that request a density bonus to provide on-site affordable housing (and commercial projects that partner with affordable housing developers and provide at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households authorized by Government Code 65915.7 as set forth in Section 19.20.020.B.3) are eligible for concessions as follows. The number of available concessions may be combined from different categories below for a maximum of three concessions per project, or four concessions for 100 percent affordable projects.
1.
Number of Concessions.
Percentage of Affordable Units | Number of Concessions Permitted |
|---|---|
5% Very Low, 10% Low, or 10% Moderate | 1 |
10% Very Low, 17% Low, or 17% Moderate | 2 |
15% Very Low, 24% Low, or 24% Moderate | 3 |
100% Very Low or Low, with up to 20% Moderate | 4 |
2.
Available Residential Concessions. The following concessions may be requested:
a.
10 percent reduction in the minimum rear yard setback; or
b.
10 percent reduction in the minimum front yard setback; or
c.
10 percent reduction in the minimum side yard setback on one side; or
d.
10 percent reduction in total common open space required; or
e.
10 percent reduction in private open space for up to 50 percent of the units.
3.
Concessions may be denied by the review authority if one of the following findings can be made, based on substantial evidence:
a.
The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, or for rents for the targeted units to be set as specified in Section 65915 of the California Government Code;
b.
The concession would have a specific adverse impact, as defined in Section 65915 of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
c.
The concession would be contrary to state or federal law.
4.
Review Authority.
F.
Parking Incentives. Density bonus housing development and projects that meet the requirements below shall be granted the following parking space requirements when requested by the developer, inclusive of handicapped and guest parking, which shall be granted to all units in the development. Guest parking shall not be required for projects utilizing the affordable housing density bonus provided in this section.
Number of Bedrooms | Required Parking Spaces per Unit*** |
|---|---|
0 to 1 bedroom | 1 |
2 to 3 bedrooms | 1.5 |
4 or more bedrooms | 2.5 |
Projects with at least 20% low-income units, or at least 11% very low-income units*** | 0.5 |
100% affordable housing projects (see § 19.22.050.C)**** | No requirement |
Notes: | |
|---|---|
* | If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. A development project may provide on-site parking through a tandem and/or uncovered parking configuration. |
** | If a residential or mixed residential/commercial development project includes the required (no-in-lieu payment) percentage of low-, very low-income, or includes a minimum 10 percent transitional foster youth, veteran, or homeless persons units, or provides for-rent housing for individuals who are 62 years of age or older, or is a special needs housing development and is located within one-half mile of a major transit stop where there is unobstructed access to a major transit stop from the development, then, upon the request of the developer, a parking ratio not to exceed 0.5 spaces per bedroom shall apply to the residential portion of the development. |
*** | Must be located within one-half mile of a major transit stop, with unobstructed access to the major transit stop from the development. |
**** | Must be located within one-half mile of a major transit stop, with unobstructed access to the major transit spot from the development OR for individuals 62 years of age or older and has either paratransit service or unobstructed access within one-half mile, to fixed bus route service that operates at least eight times per day. |
G.
Available Commercial Concessions. In addition to the other bonus and residential concessions provided in this chapter, commercial development projects that partner with affordable housing developers and provide at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low income households in accordance with Government Code Section 65915.7 as set forth in Section 19.22.020.B.3 are eligible for the following that is mutually agreed upon by the applicant and review authority:
1.
Up to a 20 percent increase in maximum allowable intensity in the General Plan.
2.
Up to a 20 percent increase in maximum allowable floor area ratio.
3.
Up to a 20 percent increase in maximum height requirements.
4.
Up to a 20 percent reduction in minimum parking requirements.
5.
Use of a limited-use/application elevator for upper floor accessibility.
6.
An exception to a zoning ordinance or other land use regulation.
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 20, 21, 2003; Ord. 03-649 § 5, 2003; Ord. 07-763 § 7, 2007; Ord. 10-861 § 3, 2010; Ord. 18-1020 §§ 7—9, 2018; Ord. 18-1044 § 8, 2018; Ord. 21-1137 §§ 7—10, 2021; Ord. 23-23 § 6, 2023; Ord. 24-26, 10/7/2024)
§ 19.22.070 Off-Site Construction of Inclusionary Units.
Developers of residential projects containing 11 units or more may apply for an exception to Section 19.22.030 to provide required inclusionary housing off-site, at one or more approved sites. Application materials for the off-site project shall be filed concurrently with application materials for the main project. The Planning Commission may grant an exception allowing off-site inclusionary units only after first finding that:
A.
The number of units to be provided off-site would be greater than the number required on-site;
B.
All off-site inclusionary units will contain on average the same number of bedrooms as the non-inclusionary units in the project, and be comparable with the non-inclusionary units in terms of appearance, finished quality, materials, and location within the building; the Planning Commission may modify the requirements as to unit size or type if it finds that a modification would better serve the affordable housing needs of the City;
C.
All inclusionary off-site units would be constructed before or concurrently with the main project and final approval of the project shall be contingent upon completion and final approval of the inclusionary units;
D.
Off-site inclusionary units shall be allowed only in those areas which are designated in the General Plan for medium to high density residential development (e.g., R3 and R4 zoning districts);
E.
Off-site inclusionary units shall only be constructed and managed in conjunction with a nonprofit housing development corporation; and
F.
Approval of the off-site inclusionary units shall not result in an over concentration of low income housing in any specific neighborhood within the city.
(Ord. 01-594 § 2, 2001; Ord. 07-763 § 7, 2007; Ord. 18-1044 § 8, 2018; Ord. 19-1058 § 39, 2019)
§ 19.22.080 Implementation of Inclusionary Unit Provisions.
A.
Resolution of Approval. The resolution approving a development permit for any project which provides inclusionary units shall specify the following items:
1.
The density bonus being provided;
2.
Whether an in-lieu fee is required;
3.
The number and square footage of inclusionary units to be provided;
4.
The number and square footage of units at each applicable sales price or rent level, and the number of parking spaces provided to each unit; and
5.
A list of any other concessions, reductions or waivers approved by the city.
B.
Fee. If an in-lieu fee is required, the fee shall be determined in accordance with Section 19.22.040.
C.
Agreements. All projects that provide inclusionary units and/or use a density bonus, concession or waiver under this chapter shall execute and record the city's Agreement Imposing Restrictions on Real Property before any building permit will be issued for the project. The agreement shall explain the affordability restrictions and requirements in clear and precise terms.
D.
Construction Schedule. All inclusionary affordable units in a market-rate development shall be constructed concurrently with or before the construction of the non-inclusionary units.
E.
Phasing. In the event a phased project is approved by the city, required affordable units shall be provided proportionally within each phase.
F.
Occupants. New inclusionary affordable units shall be occupied in the following manner:
1.
If residential rental units are being demolished and the existing tenants earn very low, low, or moderate incomes and meet all qualifying requirements, the tenants shall be given the right of first offer to occupy the new affordable units;
2.
If there are no qualified tenants, or if the qualified tenants choose not to exercise the right of first offer, or if no demolition of residential rental units occurs, then qualified tenants shall be selected from the city's Inclusionary Housing Waiting List; or
3.
If the new inclusionary unit is a sales unit and the existing tenants decline the unit or are not qualified applicants, the city shall conduct a lottery to select qualified prospective buyers.
(Ord. 01-594 § 2, 2001; Ord. 07-747 § 3, 2007; Ord. 07-763 § 7, 2007; Ord. 14-934 § 5, 2014; Ord. 18-1044 § 8, 2018; Ord. 19-1057 § 6, 2019)
§ 19.22.090 Rental, Sale and Re-Sale of Inclusionary and Affordable Units.
Any affordable unit provided to fulfill a requirement of this chapter shall be permanently reserved for and occupied by qualified households meeting the affordable income requirement specified for the unit in the Resolution of Approval, Agreement Imposing Restrictions on Real Property, and all other eligibility requirements. Eligibility requirements and a rental and sales price schedule for very low, low, and moderate income households shall be established annually by Council resolution. Newly constructed inclusionary units shall first be offered to eligible households displaced by the demolition necessary to construct the project.
A.
Rental of Units.
1.
If units are offered for rent, the project owner or developer shall rent the units directly to the required number of very low, low and moderate income households at the rental rate established by Council resolution.
2.
The rental rate shall include charges for the unit, parking, pets, water and trash, and all building amenities, unless otherwise specified in the resolution of approval required by Section 19.22.080(A).
3.
A security deposit equal to the greater of one month's rent or $500.00 can be required.
4.
A pet deposit may be in addition to, but cannot exceed, 25 percent of the security deposit.
B.
Limitations on Purchasers and Sales Prices.
1.
The sale and resale of affordable units constructed for purposes of using a state density bonus under Section 19.22.050.D shall be in accordance with California Government Code Section 65915(c)(2).
2.
All purchasers of inclusionary units shall meet the city's income guidelines for the income range targeted for that unit. Proof of income eligibility shall be submitted to the Community Development Director. Resale of units shall require that the Community Development Director first verify the purchaser as low or moderate income. This requirement shall be included in the recorded covenant.
3.
Newly constructed inclusionary units shall first be offered to eligible very low, low and moderate income households displaced by the demolition necessary to construct the project.
4.
Secondly, the offer shall be made to other very low, low, or moderate displaced households in the city.
5.
The remaining units, and all other newly constructed units and any inclusionary units in a building undergoing conversion to common interest development, shall be offered to very low, low, and moderate income households.
6.
Lower income inclusionary units shall be sold at a price that is no more than two and one-half times 65 percent of the median income of the city, and adjusted by the "bedroom factor." Qualifying income levels shall be established annually by the Council.
7.
Moderate income inclusionary units shall be sold at a price that is no more than two and one-half times the median income of the city, and adjusted by the "bedroom factor." Qualifying income levels shall be established annually by the Council.
8.
The sales price of the inclusionary unit is dependent on the unit size and is therefore adjusted by the "bedroom factor" established annually by the Council.
9.
Expected homeowners' association fees shall be included in the calculation of total unit costs.
C.
Right of First Refusal. After offering the units to eligible households displaced by demolition, the developer of a project shall be required to give right of first refusal to purchase any or all inclusionary units to the city, or a city-designated agency or organization, for at least 60 days from the date of construction completion.
D.
Lottery. If the city chooses not to exercise its right of first refusal, it shall conduct a lottery to establish a list of eligible purchasers within that same time period. If the list is not provided, the developer may select the low- or moderate-income purchasers as long as the city verifies income eligibility and the units are sold at a price no more than two and one-half times the median income for the city.
E.
Resale of Units. Upon resale, the affordable units shall remain affordable to the targeted income group. The resale price shall be set as follows:
1.
The price resulting from the total costs, including homeowners association fees, shall be:
a.
Moderate income units: a total cost of no more than two and one-half times the median income for the city, for moderate income households.
b.
Lower income units: a total cost of no more than two and one-half times 65 percent of the median income for the city for low income households.
c.
The sales price of the inclusionary unit is dependent on the unit size and is therefore adjusted by the "bedroom factor."
d.
Expected homeowners' association fees shall be included in the calculation of total unit costs.
2.
If, during the tenure of the most recent occupant, the homeowners' association fees have risen at a rate faster than the median income for the city, the resale price shall be the higher of:
3.
Resale of units shall be subject to an agreement in compliance with Section 19.22.080(C) (Agreements).
F.
Sales Price Schedule. Sales prices are adjusted annually based on the median income of the city and are subject to City Council approval.
(Ord. 01-594 § 2, 2001; Ord. 07-763 § 7, 2007; Ord. 14-934 § 6, 2014; Ord. 18-1044 § 8, 2018; Ord. 19-1058 § 40, 2019; Ord. 24-16, 6/24/2024)
§ 19.24.010 Purpose.
This chapter provides standards for the dedication and improvement of highway and parkway rights-of-way in conjunction with the development of new or modified structures and uses, to ensure that adequate areas are provided to accommodate motor vehicles, other allowed vehicles, and pedestrians, in compliance with the standards specified by the Zoning Map and General Plan.
(Ord. 01-594 § 2, 2001)
§ 19.24.020 Applicability.
A.
Dedication. The dedication requirements of this chapter apply to any proposed construction or change of use which the review authority determines will affect the existing vehicular or pedestrian circulation system in the vicinity of the project.
B.
Improvements. An applicant may be required to provide public right-of-way improvements in conjunction with the approval by the city of structures, changes in the land use of the site, or major remodeling.
(Ord. 01-594 § 2, 2001)
§ 19.24.030 Dedication Standards.
A.
Dedication Requirement. When any portion of a site abuts a parkway, major or secondary highway, or street, a dedication sufficient to accommodate the project as determined by the Director of Public Works shall be required if:
B.
Exception to Dedication Requirement. Dedication shall not be required to the extent that it will reduce the area or width of a parcel to less than the minimum area required for parcels by Article 19-2 (Zoning Districts and Allowable Land Uses).
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 41, 2019)
§ 19.24.040 Required Improvements.
A.
Location of Improvements. Curbs, gutters, sidewalks, and drainage structures, where required, shall be constructed at the grade and location specified by the Community Development Director, unless curbs, gutters, sidewalks, and drainage structures that are deemed adequate by the Director of Public Works already exist within the present right-of-way, or on property the owner has agreed to dedicate. All these improvements shall comply with the standards established by the Director of Public Works.
B.
Timing of Improvements. All improvements shall be constructed concurrently with the project, and shall be completed before final building inspection or the issuance of a Certificate of Occupancy.
§ 19.24.050 Deferred Improvements.
A.
Contract to Make the Improvements. If the Director of Public Works determines that good and sufficient reasons, and unusual circumstances exist, the Director may enter into a contract with the property owner to allow the owner to defer the improvements. The improvements shall be completed within the time specified in the agreement to improve.
B.
Deposit. The contract shall not be executed unless it is accompanied by a deposit in a form acceptable to the city, in an amount which the Director of Public Works determines is equal to the estimated costs for the city to manage and construct the required improvements, including administrative overhead and legal fees. If savings and loan certificates or shares are deposited, the owners shall assign the certificates or shares to the city.
C.
Forfeit Due to Failure. If the responsible persons fail to complete any improvement within the time specified in an agreement, the Director of Public Works may determine that the improvement work or any part thereof is incomplete.
1.
The city shall provide written notice in the following manner:
2.
Upon determining that the work is incomplete, the Director of Public Works may cause the forfeiture of all or a portion of the deposits given for the faithful performance of the work, or may cash any instrument of credit on deposit with the city, in the amount necessary to complete the required improvements.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 43, 2019)
§ 19.24.060 Congestion Management Fees.
The applicant shall pay a fee as determined by the Director of Public Works, to fund traffic improvements or programs sufficient to offset debits charged to the city by the Los Angeles County Congestion Management Agency as a result of the project.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 44, 2019)
§ 19.26.010 Purpose.
The purposes of this chapter are to:
A.
Enhance the aesthetic appearance of developments throughout the city by providing standards related to the quality and functional aspects of landscaping;
B.
Increase compatibility between abutting land uses and between land uses and public rights-of-way by providing landscape screening or buffers;
C.
Provide for the conservation of water resources through the efficient use of irrigation, appropriate mix of plant materials, recycling water elements, and regular maintenance of landscaped areas;
D.
Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic safety;
E.
Reduce urban runoff by ensuring the preservation of permeable surface for the absorption of rainwater; and
F.
Reduce the urban heat island effect and enhance the local micro-climate.
(Ord. 01-594 § 2, 2001)
§ 19.26.020 Applicability.
A.
Landscaping Required. All new development projects and projects that require approval of a discretionary land use permit shall provide and/or maintain canopy trees and landscaping in compliance with the provisions of this chapter. These provisions shall not take precedence over State housing laws.
1.
Standards for the provision of canopy trees and landscaping within the public right-of-way are provided in the West Hollywood Municipal Code, Chapter 11.36, Street Trees and Other Plants, and the City's latest adopted Urban Forest Management Plan.
2.
Landscaping requirements for residential and commercial zoning districts shall be subject to Sections 19.20.050 (Fences, Walls, and Hedges), 19.20.055 (Canopy Trees), 19.20.060 (Green Building), 19.20.190 (Storm Drainage and Storm Water Runoff), 19.26.040 (Areas of Required Landscaping), and Chapters 19.28 (Off-Street Parking and Loading Standards) and 19.36 (Standards for Specific Land Uses) of this Code.
B.
Landscape Plans, Timing of Landscape Installation. Landscape plans, irrigation plans, and plans for the ornamental use of water, including ponds and fountains, shall be submitted to the Community Development Department for review for compliance with the requirements of this chapter before issuance of a building permit. Landscaping shall not be installed until the applicant receives approval of the final landscape plan (Section 19.26.030(B)). Changes to approved landscape plans that affect the character or quality of the plant material or irrigation system shall be resubmitted for approval before installation.
C.
Tree Removal. When performed in conjunction with new development or a major remodel on private residential or commercial property, the removal of existing mature canopy trees shall require a zone clearance or other applicable permit and shall be subject to conditions set forth in Section 19.26.040 of this Code. Regulations regarding tree preservation, relocation, and removal shall not pertain to any tree temporarily grown and held for sale by a licensed nursery.
D.
Modifications or Waivers of Landscape Standards. The standards of this chapter may be modified or waived through an administrative permit, in compliance with Chapter 19.44 of this Code, where, in conjunction with a recommendation by a qualified tree expert, the Community Development Director determines, based on substantial evidence, that there are unique contextual circumstances on a private property where constraints create an unusual and substantive hardship or make compliance with the standards of this chapter physically infeasible.
E.
Administrative Regulations. The Director of Community Development or their designee is authorized to adopt administrative regulations that are consistent with the provisions of this chapter.
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 13, 2014; Ord. 19-1058 § 45, 2019; Ord. 23-26, 1/22/2024; Ord. 24-16, 6/24/2024)
§ 19.26.030 Landscape Plan Application Requirements.
A.
Preliminary Landscape Plan. A preliminary landscape plan shall be submitted as part of an application for a discretionary land use permit. The plan shall include all information and materials as required in the application form provided by the Community Development Department. The Community Development Director shall review each preliminary landscape plan to verify its compliance with the provisions of this chapter. The Director shall require any changes necessary to bring the submittal into compliance with this chapter.
B.
Final Landscape Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit.
1.
Final landscape plans for multi-family and non-residential projects shall be prepared by a licensed landscape architect or licensed landscape contractor. Evidence shall also be provided that a licensed landscape contractor will be responsible for plant and irrigation installation.
2.
Final landscape plans for single-family and duplex projects need not be prepared by licensed professionals, and need only include a preliminary planting plan with a planting palette, in compliance with all applicable provisions of this chapter.
3.
Final landscape plans shall be approved by the Community Development Director before the start of on-site construction or soil disturbance, and before the issuance of a building permit.
C.
Compliance with Guidelines. Each landscape plan shall incorporate as many features recommended by the Landscape Design Guidelines as are appropriate and feasible for the proposed project.
§ 19.26.040 Areas of Required Landscaping.
All land uses shall be provided with landscaping as specified in this section. Subsection (A) specifies requirements for all land uses while subsection (B) identifies additional requirements for non-residential land uses only, and subsection (C) identifies additional requirements for residential land uses only.
A.
Landscaping Requirements for All Uses.
1.
Setbacks. All setback and open space areas required by this Zoning Ordinance shall be landscaped, except where a required setback is occupied by walkways, decks, approved hardscape, or a driveway, or where a required setback is screened from public view, and it is determined by the Community Development Director that landscaping is not necessary to fulfill the purposes of this chapter.
2.
Unused Areas. All areas of a project site not intended for a specific use (including areas planned for future phases of a phased development), shall be landscaped unless it is determined by the Community Development Director that landscaping is not necessary to fulfill the purposes of this chapter.
3.
Parking Areas. Parking areas shall be landscaped as required by Chapter 19.28 (Off-Street Parking and Loading Standards).
4.
Location-Specific Requirements. Location-specific landscaping may be required to provide visual relief or contrast, or to screen incompatible features of the site or use.
5.
Street Trees. All land uses requiring a discretionary land use permit shall provide street trees at a maximum spacing of 30 feet along the sidewalk of the site frontage in compliance with the Urban Design/Streetscape Master Plan. In lieu of providing street trees, the Community Development Director may allow the applicant to pay a fee to the Street Beautification Trust Fund, as established by Council resolution. Additionally, the applicant shall provide surety acceptable to the Community Development Director to ensure the ongoing health and maintenance of the street trees in compliance with Section 19.26.080(C) (Performance Guarantee), below.
6.
Non-Permeable Surfaces. Landscape areas shall comply with the limitations on non-permeable surfaces provided by Section 19.20.190(D) (Non-Permeable Surfaces).
7.
Tree Preservation.
a.
Existing mature canopy trees shall be preserved and, in new developments, integrated into a proposed landscape plan, except where their preservation is infeasible, and relocations or removals are performed in accordance with this section.
b.
For additional information pertaining to designated or protected heritage trees, refer to the City's Heritage Tree Program.
c.
For information and additional requirements pertaining to oak trees, refer to the Los Angeles County Code of Ordinances Chapter 22.174 (Oak Tree Permits).
8.
Tree Relocation.
a.
Mature Trees. If preservation in the same location is infeasible, mature canopy trees may be relocated on the same property or to another suitable relocation site, pursuant to the following requirements:
i.
A zone clearance or other applicable permit is required for the relocation of any mature canopy tree.
ii.
A qualified tree expert shall submit a tree relocation plan to be reviewed and approved by the Community Development Director, which shall indicate the location of each existing and/or mature canopy tree to be relocated and shall identify each tree proposed to be retained or relocated.
iii.
Relocation must occur elsewhere on the same property where feasible. Where relocation on the same property is determined to be infeasible by a qualified tree expert and with the approval of the Community Development Director, relocation to another suitable relocation site may be permitted where:
iv.
In the event of a relocation, the Community Development Director may consult with the City's arborist or another qualified tree expert and require measures to be taken to mitigate adverse effects on the tree.
b.
Immature Trees. Immature trees may be relocated without a zone clearance or other applicable permit.
9.
Removal of Trees.
a.
Existing mature canopy trees shall be preserved in place. Removal may only be permitted if the applicant requests removal and provides substantial evidence that one of the following criteria are present and the Community Development Director makes a factual determination that the criteria is met:
i.
The tree poses a hazard. In order to verify that a hazard exists, the city may require a tree hazard assessment to be performed by a qualified tree expert; or
ii.
The tree is planted too close to an existing structure, such that it is either damaging or has the clear imminent potential to damage the structure; or
iii.
The roots of the tree are causing damage to paved areas or sewer, plumbing or other underground utility lines; or
iv.
The tree has an incurable disease or pest infestation that cannot be eliminated. The City may require this condition to be verified by a qualified tree expert; or
v.
The tree has been damaged to the point that it cannot recover and grow properly or that it will grow in a misshapen or unsightly manner as defined by a qualified tree expert; or
vi.
A tree may be removed if it is necessary to carry out construction.
b.
Notwithstanding, the Community Development Director may determine that the removal of a tree is necessary to carry out construction in compliance with the Fire Code, Building Codes and any other applicable life-safety requirements or applicable standards, and a replacement is provided in accordance with subsection (A)(10) of this section. The Director shall publish a list of all applicable standards and any implementing regulations.
c.
Removed mature canopy trees shall be replaced on the same property by new canopy trees in accordance with subsection (A)(10) of this section. If the applicant provides evidence that replacement on the same property is technically or physically infeasible based on existing site conditions or new development, a suitable off-site location on private property may be approved by the Director in accordance with subsection (A)(8) of this section.
10.
Replacement of Mature Trees.
a.
Any mature canopy tree that is removed shall be replaced with a canopy tree with a minimum 24-inch box size in a location that will grow to replace the removed tree without posing the hazards for which the tree was removed, if applicable, in accordance with Section 19.20.055 of this Code.
b.
The Director of Community Development may allow for the substitution of a replacement canopy tree with other forms of landscaping if a qualified tree expert determines that the following conditions apply:
B.
Landscaping Requirements for Commercial Uses. (In addition to subsection A, above).
1.
Landscaping Outside Fences and Walls. Freestanding fences or walls that are adjacent to any public street or sidewalk shall be located to provide a landscaped area along the frontage between the fence or wall and the street. Landscaping outside of fences and walls for parking lots shall be in compliance with Section 19.28.100(B) (Parking Area Landscaping Requirements).
a.
The landscaped area shall contain the equivalent of at least two square feet of landscaping for each linear foot of frontage, in compliance with a landscaping plan approved by the Community Development Director. Where a hardship exists, the Director may reduce this requirement to a minimum of one square foot of landscaping for each linear foot of frontage in return for a wider landscaped strip.
b.
The Community Development Director may approve alternative methods of providing landscaping along fences and walls where an alternative plan will provide equal or better landscaping within the intent of this chapter.
2.
Outdoor Dining, Plazas, and Walkways. Projects shall incorporate extensive landscaping including trees and shrubs to provide vertical height and mass for outdoor dining, plazas, and walkway areas. These areas shall be designed and maintained to be visually attractive, usable and accessible by the public, and shall incorporate street furniture and pedestrian-oriented amenities.
3.
Landscaping Above Ground Floor Level. Landscaping above the ground floor shall not be considered sufficient to meet the landscape requirements of this chapter.
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 18, 22, 2003; Ord. 14-940 §§ 14–16, 2014; Ord. 19-1058 § 47, 2019; Ord. 19-1074 § 9, 2019; Ord. 23-26, 1/22/2024; Ord. 24-16, 6/24/2024)
§ 19.26.050 Landscape Design Standards.
A.
The objective standards in this chapter are intended to support the following goals:
1.
Landscape solutions are planned as an integral part of the overall project design and not simply located in excess spaces after parking structures and building footprints areas have been planned;
2.
Landscape designs are based in sound sustainability principles, environmental stewardship, and climate responsive practices in all development projects;
3.
Landscape elements or features are incorporated into architectural or site designs as an integral and preeminent contributor to both the overall project character and individual detailing of the project;
4.
Existing trees and other significant vegetation are preserved and incorporated into a new landscape plan to the greatest extent possible; and
5.
Landscape designs and planting areas support the regular use and benefits of outdoor spaces and enhance the pedestrian experience and wayfinding on private property.
B.
Proposed landscaping shall meet the following standards, which shall be shown on required landscape plans:
1.
Landscaped areas except strips adjacent to fences or walls shall have a minimum width of three feet.
2.
When existing landscaping is to be retained, a note shall be provided on the landscape plans stating that: "Any existing landscaping indicated to remain on the approved landscape plan that is damaged or removed during construction shall be repaired or replaced in kind with plants of equivalent size."
3.
Landscaped areas shall be irrigated in compliance with Section 19.26.070 (Irrigation and Water Conservation) of this Code.
4.
Trees, shrubs, flowers, and other plants may be placed in a required yard but shall not impede access requirements for buildings, utilities, or other site features.
5.
Planters into which trees will be planted above subterranean or semi-subterranean parking structures, or on elevated floors, terraces, or roofs, shall have a minimum soil depth of 42 inches, exclusive of drainage systems and protective membranes. Only planters that are founded in native soil at ground level or at grade, whichever is applicable, and not on top of subterranean parking garages or other occupied spaces, shall satisfy the permeable surface requirements in Section 19.20.190 of this Code.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 23, 2003; Ord. 14-940 § 17, 2014; Ord. 19-1058 § 48, 2019; Ord. 23-26, 1/22/2024)
§ 19.26.060 Plant Materials.
Plant materials shall be of a type and placement compatible with the project and surrounding land uses.
A.
Size of Plant Materials at the Time of Installation. Plant materials shall be provided in the following sizes. Calculations documenting the required size mix shall be shown on the final landscape plan.
1.
The minimum acceptable size for street trees and on-site trees shall be a 24-inch box. Newly planted trees shall be supported with stakes or guy wires.
2.
Shrubs shall be a minimum size of five gallons. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.
3.
Ground cover shall be generally spaced at a maximum of six to eight inches on center. When used as ground cover, minimum one-gallon-sized shrubs may be planted 18 to 24 inches on center.
B.
Drought Tolerant Requirements. New and rehabilitated landscape areas for residential and nonresidential projects shall comply with the Model Water Efficient Landscape Ordinance (MWELO), as may be amended from time to time, which is contained within and adopted by reference through Title 13 Chapter 13.24, Green Building Standards Code, of the West Hollywood Municipal Code.
C.
Effect on Traffic or Public Safety. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety.
D.
Effect on Public Improvements. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters, and other public improvements.
E.
Ground Cover Materials. Ground cover shall be of live plant material. Gravel, colored rock, bark, and similar materials may be used in combination with ground cover. Non-plant materials may be used in limited areas as part of an approved landscape plan.
(Ord. 01-594 § 2, 2001; Ord. 19-1054 § 11, 2019)
§ 19.26.070 Irrigation and Water Conservation.
(Ord. 01-594 § 2, 2001; Ord. 10-861 § 4, 2010; Ord. 19-1054 § 12, 2019; Ord. 19-1058 § 49, 2019)
§ 19.26.080 Installation and Maintenance.
A.
Installation Requirements. Landscape materials and support equipment shown in an approved final landscape plan shall be installed as follows.
1.
Soil Preparation and Planting. Sound soil preparation and planting practices shall be implemented for all landscaped areas.
2.
Timing of Installation. Required landscaping shall be installed and verified by the Community Development Department before occupancy of the site.
3.
Compliance with Plans Required. Landscape materials and irrigation equipment shall be installed in compliance with the approved plans and specifications.
4.
Deferral of Installation. In the event that seasonal conditions prevent the effective installation of required landscape before occupancy, a conditional Certificate of Occupancy and a performance bond in the amount equal to the value of the landscape materials may be allowed, subject to the approval of the Community Development Director.
B.
Minor Changes to Plans. The Community Development Director may approve minor changes to approved plans limited to the following:
1.
Minor changes to approved landscaping or irrigation plans that comply with the spirit and intent of these regulations, including revising or substituting plant varieties, container sizes, plant locations, irrigation specifications, hardscape components, berm heights, berm locations, slope features, and similar changes; and
2.
Modifications of planting, installation, or soil preparation details.
C.
Performance Guarantee. When required by the Community Development Director, a surety in a form approved by the city in the amount of 50 percent of the total value of all plant materials, irrigation, and installation shall be posted with the city for a two-year period to guarantee proper maintenance of installed landscaping, both on site and in the public right-of-way.
D.
Maintenance of Landscape. Landscaping shall be maintained consistent with the approved final landscape plan. Maintenance of approved landscape installations shall consist of regular watering, pruning, fertilizing, mulching, clearing of debris and weeds, removal and replacement of dead plants, and repair of irrigation systems.
§ 19.28.010 Purpose.
The purpose of this chapter is to:
A.
Provide objective parking and loading facility standards to guide design in new development or major remodels;
B.
Provide accessible, secure, and well-maintained off-street parking and loading facilities;
C.
Increase public safety by maintaining necessary clearances free of obstructions on public and private property;
D.
Promote well-planned and coordinated relationships between parking and loading facilities, site services and building support needs, and surrounding neighborhood conditions; and
E.
Ensure access and maneuverability for emergency vehicles, first responders, and service providers.
To the extent that state law conflicts with the requirements of this chapter, state law will control. |
(Ord. 01-594 § 2, 2001; Ord. 23-22 § 4, 2023)
§ 19.28.020 Applicability.
A.
Off-Street Parking, Bicycle Parking, and Loading. To the extent permitted by state law, all off-street parking and loading areas shall comply with the provisions of this chapter. Adherence to bicycle parking and support facility standards are required for: (1) all new multi-family residential and mixed-use buildings or buildings with 5,000 square feet of commercial space; (2) expansion of existing non-residential structures by more than 5,000 square feet; and (3) expansion of existing residential structures by two or more units, not including ADUs/JADUs. No additional bicycle parking facilities or shower facilities are required for a change of use.
B.
Timing of Improvements. A use shall not be commenced, and structures shall not be occupied until improvements required by this chapter are completed.
C.
Waivers to Specific Requirements. The review authority may waive or reduce any of the parking design and landscaping requirements of this chapter upon finding that the waiver or modification is in the interest of the public health, safety, and welfare. The review authority may not reduce the number of parking, bicycle, or loading spaces required except through the variance, parking reduction, or modification processes.
(Ord. 01-594 § 2, 2001; Ord. 19-1055 § 6, 2019; Ord. 19-1058 § 52, 2019; Ord. 23-22 § 4, 2023)
§ 19.28.030 General Parking Regulations.
When parking is required or provided, the following requirements shall apply unless otherwise noted in this chapter.
A.
Layout and Access Plan Required. All land use permit applications and any request for new or modified parking areas or facilities shall include a parking layout and access plan for review and approval of parking design and layout, access, signage, driveways, landscaping, and screening.
B.
Parking Operations Plan Required. Applicants for mechanical lifts, automated parking structures, valet, underground solid waste, loading, or delivery operations, non-residential uses with new parking lots, or surface parking lots shall submit a parking operations plan to the Community Development Director for review and approval before issuance of building permits.
1.
The plan shall include the type and location of access control that will be used, rates charged for parking (if any), method of payment for parking, number of transactions that can be accommodated throughout the day, whether the development will offer validated parking, whether parking for employees will be subsidized, and other information as requested by the Community Development Director.
2.
If using off-site parking, the plan shall address both on- and off-site parking lots. The Community Development Director may require a list of incentives that the applicant will provide to encourage patrons to park in the off-site lot rather than driving to the project site and having the valet drive to the off-site lot. The plan shall specify when and to whom the incentives will be given.
C.
Location of Parking. Off-street parking shall be located as follows.
1.
Parking shall be located on the same site as the activities or uses served unless a Parking Use Permit is obtained in compliance with Chapter 19.56 of this Code for non-residential use.
2.
Except for single-family dwellings and duplexes, all parking spaces shall be located either behind, adjacent to, or within a structure. The location of parking spaces for residential uses shall comply with Section 19.28.090(D)(1)(a) of this chapter (Residential Parking - Location).
3.
Required parking, loading, and service and delivery areas shall not be allowed in any required front setback, except in single-family dwellings and duplexes, where excess parking is permitted upon a paved driveway that provides access directly from the street to an allowed garage or carport.
4.
In mixed-use projects, residential parking shall be identified by signage and/or markings, separated, and secured from commercial parking by locating residential and commercial parking on separate floors, providing individual access to distinct residential and commercial parking areas, installing gated or otherwise physically separated areas for residential and commercial parking. Signage alone is not permissible.
D.
Availability. Required parking and loading spaces shall be available during permitted hours of operation and shall be marked and maintained for parking or loading purposes for the use they are intended to serve.
1.
The Community Development Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for a period of not more than 30 days subject to the approval of a temporary use permit (Chapter 19.54 of this Code).
2.
Persons in control of the operation of a premises for which parking or loading spaces are provided to occupants or service providers shall not prevent, prohibit, or restrict other persons from using their assigned spaces.
4.
Parking for residential uses shall be maintained for the exclusive use of occupants and their guests, and shall not be rented, sold, or otherwise made available to non-resident non-guests of the building.
E.
Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be maintained free of dust, graffiti, and litter; and striping, paving, walls, light standards, and all other facilities shall be maintained in good condition.
F.
Vehicles for Sale. Vehicles or trailers shall not be parked upon a public street, parking lot, or public property for the purpose of displaying the vehicle or trailer for sale, hire, or rental. This type of business may be allowed if allowed in compliance with Section 19.36.380 of this Code (Vehicle Sales and Rentals).
G.
Vehicle Towing. Vehicle towing signs shall be posted on all non-residential parking lots in compliance with Section 10.24.080(a)(4) of this code.
(Ord. 01-594 § 2, 2001; Ord. 05-720 § 5, 2005; Ord. 15-965 § 8, 2015; Ord. 19-1058 §§ 53 – 55, 2019; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024)
§ 19.28.040 Number of Parking Spaces Required.
A.
Minimum Parking Requirements. Each land use shall provide at least the minimum number of off-street parking spaces required by Table 3-6, except where:
1.
A greater number of spaces is required through approval of a discretionary land use permit;
2.
A parking reduction has been granted in compliance with Section 19.28.060 of this chapter (Reduction of Off-Street Parking Requirements); or
3.
The following provisions of this section adjust the requirements of Table 3-6; or
4.
Local parking regulations are preempted by state law.
B.
Expansion or Remodeling of Structure or Change in Use.
1.
When the use of a structure changes to a use that is required by Table 3-6 to have the same number of parking spaces as the immediately previous use, no additional parking spaces shall be required for the new use, regardless of the number of spaces actually provided by the previous use; provided that the previous use was legally established, and the number of spaces has not decreased.
2.
When the floor area of an existing structure is increased, additional parking spaces shall be provided on site as required by this chapter for the additional floor area.
3.
Change in Use.
a.
When a change in use requires more off-street parking than the previous use, additional parking spaces shall be provided equivalent to the difference between the number of spaces required by this Zoning Ordinance for the immediately previous use and the total number of spaces required by the new use.
b.
Additional parking spaces shall not be required for a change in use that meets the following requirements.
4.
When more than 50 percent of the floor area of a structure (other than a single-family dwelling or duplex) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter, except that if an unreinforced masonry building, constructed before 1933, is demolished, a new structure of equivalent size shall be required to provide only the number of parking spaces that existed before the demolition, if construction is begun within one year of demolition.
5.
Additional parking spaces shall not be required for the following:
a.
An addition to a structure solely to improve access for disabled persons.
b.
Additions or increases in the floor area within a structure that was built before November 29, 1984, that are 10 percent or less of the existing gross floor area or 250 square feet, whichever is less. Larger additions shall provide additional parking for the entire addition. This exemption shall not apply to a parcel more than one time for additions other than for increasing access for disabled persons. This exemption shall not apply to a bar, nightclub, or outdoor dining area.
c.
Floor area within non-residential uses that is used for an on-site cafeteria, recreational facility, or a day care facility for exclusive use of employees and their children, when the review authority determines that the facilities will reduce or not increase traffic to and from the site, and thereby reduce the need for parking.
d.
An accessory dwelling unit which is: (i) located within one-half mile of public transit; (ii) located within an architecturally and historically significant historic district; (iii) part of the existing primary residence or an existing accessory structure; or (iv) located within one block of a car share vehicle.
e.
A junior accessory dwelling unit, as defined by the city's Zoning Ordinance.
f.
Live/work units in existing buildings. Major remodels are not eligible.
C.
Residential Additions.
1.
One or Two Units. Additions to structures on sites with one or two dwelling units are not required to provide additional parking, provided that no additional units are proposed. For the purposes of parking requirements, accessory dwelling units and junior accessory dwelling units shall not count as an additional unit.
2.
Three or More Units. Three or more dwelling units that do not conform to the provision of this chapter shall be brought into compliance at the time additions or alterations are made that cumulatively increase the existing floor area by more than 25 percent, as measured over a 10-year period preceding and including the proposed modification.
D.
Mixed Use Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required by this chapter for each separate use, except where a reduction of parking is allowed by the review authority in compliance with Section 19.28.060 of this chapter (Reduction of Off-Street Parking Requirements), or where the site qualifies to be considered a shopping center and provides parking accordingly.
E.
Use of Table. Table 3-6 shall be interpreted as follows:
1.
Primary Use is Basis for Requirements. The number of required parking spaces shall be based on the primary land use of the site; all accessory uses shall be provided parking based on the ratio required for the primary use, except where otherwise provided by Table 3-6, and as follows:
a.
Accessory Retail Sales Area. A restaurant, personal services business (for example, a hair salon), or other business that does not primarily involve the retail sale of products for off-site use may include an accessory retail sales area with a parking requirement of three and one-half spaces per 1,000 square feet of gross floor area, provided that the retail sales area does not exceed 25 percent of the total floor area. A larger sales area shall require parking at the same ratio as the primary business use.
b.
Shared Facilities. If two or more non-residential uses share common facilities (for example, bathrooms) the parking requirement calculations for each use shall include the portion of the shared facility floor area proportionate to the number of uses that share the facilities. For example, if two uses share a facility, the parking requirement calculations for each shall include 50 percent of the floor area of the shared facility; if four uses share a facility, the parking requirements of each shall include 25 percent of the shared facility floor area.
c.
Limitation. The provision of higher intensity uses (e.g., a bank, coffee bar, or personal service) within a primarily retail establishment shall not change the primary use for the purposes of calculating parking, as long as the higher intensity uses do not exceed more than 25 percent of the total floor area of the retail establishment or a maximum of 500 square feet, whichever is less.
2.
Floor Area Calculations. In any case where this Zoning Ordinance establishes a parking requirement based on the floor area of a use in a specified number of square feet (for example: one space per 1,000 square feet), the floor area shall be construed to mean gross floor area unless otherwise specified.
3.
Uses Not Listed. Parking for land uses not specifically listed by Table 3-6 shall be provided based on the most similar use in the table, as determined by the Community Development Director.
4.
Rounding of Quantities. When calculating the number of parking spaces required, fractional spaces equal to or greater than one-half shall be rounded up to the nearest whole number and fractions less than one-half shall be eliminated.
TABLE 3-6 PARKING REQUIREMENTS BY LAND USE 1. RESIDENTIAL LAND USES | |
|---|---|
[Explanatory Notes Follow at the End of the Table] | |
Residential Land Use 1 | Required Parking Spaces |
Accessory dwelling units and junior accessory dwelling units | No parking spaces required. |
Projects with affordable housing | See Section 19.22.050 of this Code. |
Duplexes, multi-family dwellings, condominiums, townhouses shared housing building8 | Studio and micro-units up to 500 sq. ft.: 1 space; One bedroom units and studios larger than 500 sq. ft.: 1.5 spaces for each unit; In a courtyard building, 1 loft and 1 ancillary room may be added to a unit without increasing the parking requirement; 2 to 3 bedrooms: 2 spaces; 4 or more bedrooms: 3 spaces; Guest parking: 1 covered space for each 4 units for residential projects of 5 or more units. |
Emergency shelters | 1 parking space for every 6 beds, plus a ½ parking space for each bedroom designated for families with children. |
Live/work units | 1 space for each unit. |
Mixed-use projects | As required for each residential and non-residential use. See also Table 3-7. |
Organizational houses, residential hotels, room rental | 1 space for each sleeping room, or 1 space for each 100 sq. ft. of net habitable area if separate sleeping rooms not provided. |
Residential care facilities | 1 space for each 5 beds the facility is licensed to accommodate. |
Second residential units | 1 space in addition to that required for the primary single-family dwelling. |
Senior housing and congregate care projects | 0.5 space for each unit, plus 1 guest parking space for each 5 units. |
Single-family detached dwellings, mobile homes | 2 spaces per unit. See also Section 19.28.090(E) of this chapter. |
Single room occupancy housing | 0.5 space per unit, plus 1 guest space for each 5 units. |
Two-unit projects, and on resulting lots following an urban lot split in the R1A and R1C Districts | No parking required. See also Section 19.36.325 of this Code. |
Non-Residential Land Use | Required Parking Spaces5 |
Adult retail businesses | 2 spaces per 1,000 sq. ft. |
Adult day care facilities | 1 space for each 7 clients for which the facility is licensed plus adequate drop-off area as approved by the Community Development Director. |
Art galleries | 0.5 spaces per 1,000 sq. ft. |
Artisan/craft product manufacturing | 0.5 spaces per 1,000 sq. ft. |
Artisan shops | 2 spaces per 1,000 sq. ft. |
Auto and vehicle maintenance and repair | 4.5 spaces for each service bay, plus adequate queuing lanes for each bay. |
Auto and vehicle sales/rental, auto parts sales | 2.5 spaces per 1,000 sq. ft.; plus 3 spaces per 1,000 sq. ft. of parts department. |
Automated teller machines (ATMs), exterior; not associated with an on-site financial institution | 2 spaces for 1 or 2 machines plus 0.5 spaces for each additional machine over 2; no parking requirement within 1,000 feet of the intersection of San Vicente Boulevard and Santa Monica Boulevard. |
Banks and financial services (see also ATM, above) | 2 spaces per 1,000 sq. ft. |
Exterior ATM machines | 0 space for each exterior ATM. |
Bed and breakfast (B&Bs) and urban inns | In historic buildings: 0.5 spaces per guest unit. In non-historic buildings: 1 space per guest unit. All projects: Plus owner/operator parking as required for multi-family residential projects. |
Broadcasting studios | 2 spaces per 1,000 sq. ft., for the first 25,000 sq. ft., and 1 space for each 1,000 sq. ft. thereafter. |
Building material stores | 1 space per 1,000 sq. ft. |
Business support services | 2 spaces per 1,000 sq. ft. |
Cannabis uses — Adult use retail | 2 spaces per 1,000 sq. ft. |
Cannabis uses — Consumption areas | 2 spaces per 1,000 sq. ft. |
Cannabis uses — Medical-use dispensary | 2 spaces per 1,000 sq. ft. |
Cardrooms | 3.5 spaces per 1,000 sq. ft. |
Child day care centers | 1 space for each 10 children that the facility is licensed to accommodate, plus adequate drop-off area as approved by the Community Development Director. |
Clubs, lodges, and meeting halls | 1 space for each 5 fixed seats, or 8 spaces per 1,000 sq. ft. of assembly or viewing area where there are no fixed seats. |
Community centers | 1 space for each 5 seats, or 8 spaces per 1,000 sq. ft. of assembly areas where there are no fixed seats. |
Convention centers | 1 space for each 5 fixed seats, or 8 spaces per 1,000 sq. ft. of assembly or viewing area where there are no fixed seats. |
General retail stores (see also the parking requirements for shopping centers) | 2 spaces per 1,000 sq. ft. |
Grocery stores | 2 spaces per 1,000 sq. ft. |
Health/fitness facilities | 3 spaces per 1,000 sq. ft. |
Health/fitness facilities, personal training | 2 spaces per 1,000 sq. ft. |
Hotels | 0.5 space for each guest room; plus retail, restaurant, and conference uses calculated at 50% of the requirements of this table, and all other uses at 100% of the requirements of this table. |
Indoor amusement/entertainment facilities | Determined by Conditional Use Permit. |
Kiosks | No parking required. Outdoor dining related to kiosk must meet requirements of this table. |
Laundries and dry cleaning plants | 0.5 spaces per 1,000 sq. ft., including incidental office area comprising less than 20% of the total floor area. Parking requirements for additional office area shall be calculated separately as required by this table for offices. |
Laundromats | 0.5 space for each 3 washing machines. |
Libraries and museums | 2 spaces per 1,000 sq. ft. |
Media production | 2 spaces per 1,000 sq. ft. for the first 25,000 sq. ft., plus 1 space for each additional 1,000 sq. ft. |
Medical services | |
Clinics, offices, labs, and other outpatient facilities | 3 spaces per 1,000 sq. ft. |
Extended care | 1 space for each 3 beds the facility is licensed to accommodate. |
Hospitals | 2 spaces for each patient bed the facility is licensed to accommodate, plus spaces for ancillary uses as required by the Review Authority. |
Microbreweries in conjunction with on-site sales | 3.5 spaces per 1,000 sq. ft. |
Mortuaries and funeral homes | 1 space for each 5 seats, or 8 spaces per 1,000 sq. ft. for areas without fixed seats. |
Newsstands and flower stands | None required. |
Night clubs and bars | 5 spaces per 1,000 sq. ft |
Offices | 2 spaces per 1,000 sq. ft. for the first 25,000 sq. ft. plus 1 space for each additional 1,000 sq. ft. |
Outdoor commercial recreation | Spectator seat areas: 1 space for each 5 seats. 3 Sport courts: 2 spaces per court, plus 4 spaces per 1,000 sq. ft. of floor area other than courts. Ancillary uses: as required by this table for the specific use. |
Outdoor Dining | 3.5 spaces per 1,000 sq. ft. if outdoor dining area is 1,001 sq. ft. or more; none required otherwise. 7 |
Palm readers, fortune tellers, psychics | 2 spaces per 1,000 sq. ft. |
Pawn shops | 2 spaces per 1,000 sq. ft. |
Personal services | 2 spaces per 1,000 sq. ft. |
Pet shops | 2 spaces per 1,000 sq. ft. |
Pharmacies | 2 spaces per 1,000 sq. ft. |
Plant nurseries and garden supply stores | 2 spaces per 1,000 sq. ft. of indoor use area; 0.5 spaces per 1,000 sq. ft. of outdoor use area. |
Printing and publishing | 0.5 spaces per 1,000 sq. ft., including incidental office area comprising less than 20% of the total floor area. Parking requirements for additional office area shall be calculated separately as required by this table for offices. |
Public safety facilities | 2 spaces per 1,000 sq. ft. |
Recycling facilities | 0 spaces; see Section 19.36.260(C)(5) of this Code. |
Religious facilities/places of worship | 1 space per 5 fixed seats or 8 spaces per 1,000 sq. ft. of assembly or viewing area where there are no fixed seats. 3 |
Research and development (R&D) | 2 spaces per 1,000 sq. ft. |
Restaurants | 3.5 spaces per 1,000 sq. ft. |
Schools — Public and private | |
Grade 9 and lower | 1 space per classroom; plus 14 spaces per 1,000 sq. ft. of auditorium assembly area. 3 |
Grades 10 to 12 | 10 spaces per classroom; plus 14 spaces per 1,000 sq. ft. of auditorium assembly area. 3 |
College/university | 3.5 spaces per 1,000 sq. ft.; plus 2 drop-off spaces per 1,000 sq. ft. |
Schools — Specialized education and training | 5 spaces per 1,000 sq. ft. and 2 drop-off spaces per 1,000 sq. ft. |
Service stations | 1 space per pump island; plus 1 space per service bay. |
Shopping centers 4 | 2 spaces per 1,000 sq. ft. for new centers. |
Smoking areas | No parking required for smoking areas that do not have food and/or alcoholic beverage service. Otherwise, 250 sq. ft. allowed without parking; 251 sq. ft. or more shall be provided parking at the ratio required for the underlying use. |
Studios — Art, dance, music, photography | 2 spaces per 1,000 sq. ft. for facilities with classes of up to 10 students at a time or facilities that cater exclusively to children under 17 years of age. 3 spaces per 1,000 sq. ft. for facilities with more than 10 students per class excluding classes only for children under 17 years of age. |
Supper clubs | 3.5 spaces per 1,000 sq. ft. |
Theaters | |
Live performance facilities | 1 space per 5 fixed seats, or 8 spaces per 1,000 sq. ft. of assembly or viewing area without fixed seats. 3 |
Cinemas — Single-screen | 1 space per 5 seats |
Cinemas — Multi-screen | 1 space per 5 seats |
Utility facilities | 0.5 spaces per 1,000 sq. ft. |
Veterinarians, animal hospitals, kennels, boarding | 2 spaces per 1,000 sq. ft. |
Non-Residential Land Use | Required Parking Spaces 5 |
Warehousing, wholesaling and distribution, accessory | 0.5 spaces per 1,000 sq. ft., including incidental office area comprising less than 20% of the total floor area. Parking requirements for additional office area shall be calculated separately as required by this table for offices. |
Wholesale design showrooms | 0.5 spaces per 1,000 sq. ft. |
Zero emission vehicle (ZEV) showroom | 1 space per 1,000 square feet |
Notes: | |
|---|---|
1. | See Section 19.28.090(D)(2) of this chapter for parking space enclosure requirements. |
2. | Reserved. |
3. | Where fixed seating is in benches or bleachers, a seat shall be construed to be 18 inches of continuous bench space for the purpose of calculating the number of required parking spaces. |
4. | Applies only when less than 50 percent of floor area in center is occupied by restaurants, medical offices, personal services, or medical facilities, provided that restaurants may comprise only 25 percent of the total shopping center area; otherwise parking shall be provided as required for each separate use, subject to any parking reduction granted in compliance with Section 19.28.060 of this chapter (Reduction of Off-Street Parking Requirements) or 19.28.070 of this chapter (Shared Use of Parking Facilities). Parking requirements for bars, nightclubs, health clubs, theaters and cinemas shall be calculated separately in all cases. |
5. | Non-residential parking not required in the R3C-C and R4B-C zoning district. Refer to Section 19.36.190 of this Code (Neighborhood Serving Commercial) for additional requirements. |
6. | Reserved. |
7. | See Section 19.28.060 of this chapter for the reduction of off-street parking requirements for outdoor dining which displaces required off-street parking spaces. |
8. | See Section 65915 of the Government Code for vehicular parking ratios that may be requested by developers for qualifying shared housing developments providing affordable units and requesting a density bonus. |
(Ord. 01-594 § 2, 2001; Ord. 04-677 § 4, 2004; Ord. 06-741 § 6 [Att. A], 2006; Ord. 07-743 § 7, 2007; Ord. 07-754 § 4, 2007; Ord. 13-914 § 3, 2013; Ord. 14-940 § 18, 2014; Ord. 17-1016 § 11, 2017; Ord. 18-1021 §§ 9 – 11, 2018; Ord. 18-1022 § 13, 2018; Ord. 18-1027 § 5, 2018; Ord. 18-1041 §§ 9, 10, 2018; Ord. 18-1049 §§ 5, 6, 2018; Ord. 19-1058 § 56, 2019; Ord. 21-1137 § 11, 2021; Ord. 22-1181 § 8, 2022; Ord. 22-1188 § 7, 2022; Ord. 23-22 § 4, 2023; Ord. 23-27, 1/22/2024; Ord. 24-16, 6/24/2024; Ord. 24-31, 10/21/2024; Ord. 25-12, 7/7/2025; Ord. 25-19, 8/18/2025)
§ 19.28.050 Disabled Parking Requirements.
All parking areas shall include parking spaces accessible to the disabled in compliance with this section. To the extent parking spaces can be required under this chapter, accessible parking spaces shall count toward compliance with the total number of off-street spaces required.
A.
Number of Spaces, Design Standards. Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC).
B.
Upgrading of Markings Required. If amendments to state law change standards for the marking, striping, and signing of disabled parking spaces, the disabled accessible spaces within the city shall be upgraded to comply with the new state standards. In the event that the required changes to space markings cause a reduction in the overall number of parking spaces and nonconformance with this Zoning Ordinance, a parking reduction may be requested in compliance with Section 19.28.060 of this chapter (Reduction of Off-Street Parking Requirements). Upgrading shall be completed by affected property owners within 60 days of their being notified in writing by the city of new state standards.
(Ord. 01-594 § 2, 2001; Ord. 04-677 § 4, 2004; Ord. 23-22 § 4, 2023)
§ 19.28.060 Reduction of Off-Street Parking Requirements.
To the extent off-street parking spaces can be lawfully required, this section provides procedures and criteria for the reduction of the off-street parking requirements of this chapter and Chapter 19.36 of this Code (Standards for Specific Land Uses).
A.
Allowable Reductions in Parking Space Requirements. The number of off-street parking spaces required by this chapter or Chapter 19.36 of this Code (Standards for Specific Land Uses) may be reduced as provided by Table 3-7, and in subsection (B) below, through the procedure described in subsection (C) below. To the extent that state law conflicts with the requirements of this section, state law will control.
TABLE 3-7 ALLOWABLE PARKING REDUCTIONS | |||
|---|---|---|---|
[Explanatory Notes Follow at the End of the Table] | |||
Qualifying Project Feature | Description and Criteria for Granting Reduction | Maximum Reduction | Required Process for Reduction |
Compliance with disability requirements | In the event that a change of state regulations regarding disabilities causes a decrease in the number of parking spaces, or if the number of parking spaces is reduced due to an increased number of accessible parking spaces in compliance with Title 24 of the California Government Code. | As determined by the Review Authority | Review and decision by applicable Review Authority as part of land use permit approval for project. |
Emergency shelters | If the shelter is located within 1,000 feet of a public transit stop. | 25% | Review and decision by applicable Review Authority as part of land use permit approval for project. |
Mixed use projects | A project combining commercial and residential uses. May be granted where the Review Authority determines that a reduction is justified based on hourly parking demand studies published by the Urban Land Institute, or other appropriate source as determined by the Community Development Director. | As determined by the Review Authority | Review and decision by applicable Review Authority as part of land use permit approval for project. |
Second uses | A second use within a single project or building (e.g., a restaurant within a hotel) with a greater parking requirement than the primary use. May be granted where the Community Development Director determines that a reduction is justified based on a parking demand study. | 50% | Review and decision by Community Development Director. |
Use intensification near public parking | A proposed intensification of use within an existing building that is determined by the Review Authority to be located within a reasonable distance of a city parking facility. May be granted by Review Authority, subject to the fee determined by the Council, based on the type of use and its associated parking characteristics, including: a. Peak hours of use and turnover rate; b. The ability of the use to meet parking requirements through other means; c. The availability of spaces in the nearby city parking facility; d. The relative distance to the use from the parking facility; and e. Measures proposed by the applicant to ensure employee and patron use of the city parking facility. | 50% | Review and decision by applicable Review Authority as part of land use permit approval for project. |
Uses adjacent to transit | A commercial use proposed adjacent to local or regional mass transit lines or routes. May be granted when the Review Authority determines that a study provided by the applicant, prepared by an independent licensed traffic engineer, justifies the reduction based on documented mass transportation use characteristics of the patrons and employees of the use. | As determined by the Review Authority | Review and decision by applicable Review Authority as part of land use permit approval for project. |
All others | Any other circumstance where the applicant wishes to request a parking reduction. May be granted where the Commission can make the findings required in Section 19.28.060(C)(3). | As determined by the Commission | Review and decision by the Commission. |
Car share vehicles in dedicated car share parking space(s) | When vehicular parking is provided either for construction of a hotel, or a 100% affordable housing project, or a structure with more than 10 dwelling units with required affordable housing on site, publicly available car share vehicles provided within the building in covered dedicated standard sized non-tandem parking spaces, located in close proximity to pedestrian access to the garage and accessible to car share program members 24 hours a day. Car share parking spaces shall be equipped with a minimum level 2 electric vehicle charger installed. Parking spaces shall have signage identifying the space as car share only. Exterior signage shall be permitted as authorized by Section 19.34.030 of this Code. Property owner, successors and/or assignees shall provide the city with an agreement between the property owner and a car share organization on an annual basis stating that car share vehicle(s) will be provided on that site. Should the property owner fail to maintain an agreement with a car share organization on an annual basis, the parking spaces shall be replaced through provisions for new parking spaces, parking credits, shared parking permits, provisions for car share memberships to tenants in the building, or other similar mechanism as approved by the Community Development Director. | For each car share parking space provided on site, 3 code-required parking spaces may be eliminated. A maximum reduction of 6 code-required parking spaces is permissible. | Review and decision by applicable Review Authority as part of land use permit approval for project. |
Ground-level vegetative space | Once required open space and/or green space have been provided, in order to increase the amount of native soil on grade, ground-level vegetative space, and a healthy tree canopy on a project site and enhance the capacity for percolation of water through native soil and on-site stormwater management, a project may provide 350 square feet of vegetative space in lieu of each required standard parking space. Such vegetative space must be designed to allow for water infiltration into the soil below, may not be located above an underground structure, and shall include at least one canopy tree with a minimum box size of 36 inches. The vegetative area may include space that is part of any required setback area. | As determined by the Review Authority. A maximum reduction of 3 code-required parking spaces is permissible | Review and decision by applicable Review Authority as part of land use permit approval for project. |
Notes: | |
|---|---|
1. | A parking reduction may be granted in compliance with this section only for projects which incorporate one or more of the features listed. |
2. | The maximum reduction in the number of parking spaces required by Table 3-6 that may be granted by the applicable Review Authority. |
B.
Reductions in Parking Space Requirements Near Pacific Design Center. Required parking for commercial uses within commercial buildings fronting on Santa Monica Boulevard, between La Peer Drive and Palm Avenue, commercial buildings fronting on Robertson Boulevard, between Melrose Avenue and Santa Monica Boulevard, and commercial buildings fronting on La Peer Drive, between Melrose Avenue and Santa Monica Boulevard, existing as of November 29, 1984 (the date of the city's incorporation) may be reduced by the Commission in those instances where shared parking facilities available at the Pacific Design Center are located within a reasonable distance of the use, subject to the following standards.
1.
The parking facility shall be open during all hours of operation of the use seeking the parking reduction.
2.
If the parking facility is required parking for any other uses either present on the property, or through a lease agreement, adequate parking shall remain available for those uses during their hours of operation to meet their needs. Use of the parking facility by the use seeking a parking reduction shall not reduce the required parking availability for other uses utilizing the facility during the same hours of operation.
3.
An adequate number of non-dedicated parking spaces shall be available to the use seeking the parking reduction to meet its parking needs, as required by this chapter.
4.
The operator/owner of the use for which the parking reduction is sought shall conspicuously post his or her site with a notice informing clientele that shared parking facilities are available at the approved location and that the business will reimburse for the total cost of parking, with a business transaction. The business operator shall reimburse patrons for the total cost of the parking fee for use of the shared parking facility. The amount of the reimbursement shall be determined by the Commission at the time shared parking is approved for the use. Failure of the operator to comply with this requirement shall be deemed a violation of this section for which the city may require appropriate remedies, including discontinuance of the use, approval of alternate parking arrangements, and similar requirements to ensure that adequate parking is provided.
5.
Approval of shared parking in compliance with this subsection shall become void upon discontinuation of the use for which shared parking was approved by the Commission. Discontinuation shall mean closure of operations for one year or more.
C.
Parking Reduction Procedure.
1.
Application and Filing. A request for reduction shall be filed with the Community Development Department as part of the project land use permit application, and shall include:
a.
The information and materials required by the Community Development Director;
b.
Where required by this section or otherwise determined to be necessary by the Community Development Director, a parking demand study which presents justification for the requested modification, prepared by an independent licensed traffic engineer; and
c.
Any parking reduction fee required by the city's Fee Resolution.
2.
Review and Decision. A request for reduction shall be reviewed and decided by the applicable review authority as part of the decision on the project land use permit application.
3.
Findings. When approving a parking reduction based on Table 3-7, under "Qualifying Project Feature – All Others," the Commission shall first find that:
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 24, 2003; Ord. 13-914 § 4, 2013; Ord. 18-1040 § 7, 2018; Ord. 19-1058 § 57, 2019; Ord. 19-1072 § 11, 2019; Ord. 22-1188 § 8, 2022; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024)
§ 19.28.070 Shared Use of Parking Facilities.
A.
Applicability. Separate commercial uses with overlapping hours of operation, on separate parcels not more than 400 feet from each other within any commercial zoning district, may jointly use parking facilities subject to the approval of a parking use permit in compliance with Chapter 19.56 when the review authority determines that either of the following conditions exist:
1.
Different peak hour parking demands exist between the separate uses; or
2.
Single vehicle trips are likely to be made to two or more of the businesses proposed to share the parking.
The Community Development Director may also allow consideration of joint use facilities for two uses that are more than 400 feet apart where the Community Development Director determines that the separation remains reasonable for walking, and/or that pedestrian-oriented features of the intervening distance will also make walking between the two sites reasonable. For shared use of parking spaces by multiple commercial uses on the same parcel, see "shopping centers," in Table 3-6. |
B.
Procedure. The shared use of parking facilities may be granted through the parking use permit process (Chapter 19.56).
C.
Application Requirements. In addition to the information and materials required for a parking use permit application, the owner of the proposed shared parking spaces shall provide a parking demand study prepared by a qualified, licensed traffic engineer, which:
1.
Is in a form and includes data acceptable to the Community Development Director;
2.
Includes data documenting the actual usage of the proposed shared parking spaces during all hours over a two-week period; and
3.
Otherwise demonstrates that the proposed shared parking will actually be available to the off-site use, and that no substantial conflict will exist in the principal hours or periods of peak parking demands of the uses for which the shared parking is proposed.
D.
Standards for Shared Parking. Shared parking facilities shall comply with the following requirements:
1.
The distance from the parking site to the applicant's site should not exceed 400 feet. However, distances of up to 1,000 feet may be considered if the Community Development Director determines that there are no other feasible alternatives; and
2.
The applicant shall provide evidence of a valid lease. A long-term lease is preferable.
E.
Conditions of Approval. In granting a parking use permit for shared parking, the Community Development Director may require conditions of approval regarding:
F.
Terms of Shared Parking. The approval of shared parking shall require a guarantee of continued availability in compliance with Section 19.28.120(D) (Terms of Off-Site Parking).
§ 19.28.080 Parking Credits.
The number of parking spaces provided on-site that are required by Section 19.28.040 (Number of Parking Spaces Required) may be reduced if the review authority authorizes the use of parking credits as part of the Parking Credits Program as set forth in Chapter 10.28 of this Code. The program allows commercial uses to utilize existing off-site parking spaces in non-residential zones to meet on-site parking requirements.
A.
Applicability.
1.
The commercial use must be located in a designated parking credits district where the Parking Credits Program is operational. The Parking Credits Program shall not be used to satisfy the residential parking requirements for a mixed-use project.
2.
Commercial users that are granted the allowable 50 percent parking reduction for use intensification near public parking shall not be allowed to participate in the Parking Credits Program.
3.
Projects of less than 10,000 square feet of new or additional gross floor area may utilize the Parking Credits Program for up to 100 percent of the required parking. Projects of 10,000 square feet or more of new or additional gross floor area shall not be allowed to participate in the Parking Credits Program.
B.
Procedure. As part of an application for a new or intensified use an applicant may apply to participate in the Parking Credits Program to meet parking requirements as follows:
1.
Prior to completing a development application to the Community Development Department for a new or intensified use, the applicant shall apply to the Parking Division to participate in the Parking Credits Program. The requirements to participate in the Parking Credits Program shall be as set forth in this section and Chapter 10.28 of this Code. The development application shall not be deemed complete until the applicant has obtained written verification from the Parking Division that sufficient parking credits are available and the applicant has reserved the credits pursuant to the requirements in Chapter 10.28 of this Code.
2.
Execution of the parking credits contract shall be a condition of approval on all required permits. The contract shall be executed before issuance of the business tax certificate to operate the business. If no new business tax certificate is required, the contract shall be executed before issuance of a new business license or final certificate of occupancy.
§ 19.28.090 Parking Area Design and Layout Standards.
All off-street parking areas, parking spaces, and related facilities shall be designed and constructed in compliance with this section.
A.
Access. Access to off-street parking areas shall be designed in compliance with the following standards.
1.
Maneuvering Area. Newly created parking areas shall provide sufficient maneuvering room so that vehicles enter an abutting street in a forward direction and do not back out into any public street or sidewalk, except for single-family dwellings and duplexes, and up to one space per unit in triplexes and fourplexes. For conditions that allow vehicles to back out into a public street or sidewalk, the following applies: (a) the driveway shall be located on a local street or alley as defined by the city's general plan; (b) vehicles must park in a garage, carport, or other permanent parking location; and (c) back-up visibility shall not be blocked by hedges in accordance with Section 19.28.130(F) of this chapter.
2.
Driveway Standards. Driveways providing access from streets to parking areas shall be designed in compliance with Section 19.28.130 of this Code (Driveway Standards).
3.
Gates. Parking lot and parking garage gates shall not move in a direction that interferes with on-street or pedestrian circulation. Gates shall not open into any public right-of-way. To prevent vehicular queuing in pedestrian areas, for driveways in residential multi-family and commercial districts, gates not located along alleys shall be located at least 17 feet from the property line as measured along the centerline of the driveway. For developments with more than 50 parking spaces and where ticketing or valet functions are present in the driveway, gates shall be located for a minimum of 35 lineal feet of queuing from the property line, as measured along the centerline of the inbound drive aisle.
 Figure 3-11 REQUIRED GATE OPERATION |
 Figure 3-12 GATE SETBACK |
4.
Access to Adjacent Sites. Applicants for non-residential development are encouraged to provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved and executed by the Community Development Director, guaranteeing the continued availability of the shared access between the properties.
B.
Parking Space and Lot Dimensions.
1.
General Parking Space Requirements and Parking Area Dimensions. Individual parking spaces shall have the following minimum dimensions for stall width, length, drive aisle width, and overall maneuvering width.
 Figure 3-13 PARKING STALL DIMENSIONS: 90 DEGREE |
a.
Angled Parking. Angled parking shall be considered on a case-by-case basis, subject to the approval of the Community Development Director. For design standards for angled parking, refer to the current handout published by the city.
b.
Vertical Obstructions. Where vertical obstructions are located adjacent to a parking stall as indicated in Figure 3-14, the minimum parking stall width shall be 10 feet. Columns and other vertical obstructions may be permitted adjacent to parking stalls but may not impede into the minimum required stall width.
TABLE 3-13 PARKING STALL DIMENSIONS: 90 DEGREE | ||||
|---|---|---|---|---|
Stall Width (A) | Minimum Stall Length (B) | Minimum Drive Aisle Width (C) | Minimum Overall Maneuvering Width (D) | Minimum Total Overall Maneuvering Width for Double Loaded Aisle (E) |
8′-0″ (Compact) | 16′-0″ | 27′-0′ | 43′-0″ | Not Permitted |
8′-6″ | 18′-0″ | 26′-0″ | 44′-0″ | 62′-0″ |
9′-0″ | 18′-0″ | 25′-0″ | 43′-0″ | 61′-0″ |
9′-3″ | 18′-0″ | 24′-6″ | 42′-6″ | 60′-5″ |
9′-6″ | 18′-0″ | 24′-0″ | 42′-0″ | 60′-0″ |
9′-9″ | 18′-0″ | 23′-6″ | 41′-6″ | 59′-6″ |
10′-0″ | 18′-0″ | 23′-0″ | 41′-0″ | 59′-0″ |
11′-0″ | 18′-0″ | 22′-6″ | 40′-6″ | 58′-6″ |
12′-0″ | 18′-0″ | 22′-0″ | 40′-0″ | 58′-0″ |
 Figure 3-14 VERTICAL OBSTRUCTIONS |
TABLE 3-14 VERTICAL OBSTRUCTIONS | ||
|---|---|---|
Name | Dimension | |
A | Minimum Parking Stall Width | Varies |
B | Minimum Parking Stall Length | Varies |
C | Maximum Length of Permissible Adjacent Vertical Obstruction at Front of Stall | 60″ |
D | No Adjacent Vertical Obstructions Permitted | Varies |
E | Maximum Length of Permissible Adjacent Vertical Obstruction at Rear of Stall | 30″ |
F | Minimum Distance from to Permissible Adjacent Vertical Obstruction at Rear of Stall | 18″ |
c.
End Stall Conditions. For end stalls where a wall or vertical obstruction is located adjacent to a parking stall as indicated in Figure 3-15, the minimum parking stall width shall be 10 feet.
i.
For vehicular maneuverability while exiting end stalls, access aisles shall extend a minimum of four feet beyond the extent of the end stall.
 Figure 3-15 END STALL CONDITIONS |
TABLE 3-15 END STALL CONDITIONS | ||
|---|---|---|
Name | Dimension | |
A | Minimum Extension of Access Aisle for Maneuvering | 4′-0″ |
B | Minimum Stall Width | 10′-0″ |
C | Maximum Obstruction Extension into Aisle at End Stalls | 2′ |
2.
Compact Car Parking Spaces. Compact car parking spaces may be used to satisfy the parking requirements of this chapter as follows.
a.
Non-Residential Uses. Commercial projects may substitute compact stalls for up to 40 percent of the total number of required or proposed spaces. Parking spaces that are provided in excess of the requirements in Section 19.28.040 of this chapter may be compact or standard spaces.
b.
Residential Uses. Compact spaces may be used in mixed-use or multi-family residential projects in which a minimum of 25 percent of the total unit count is set aside as affordable housing. In these cases, projects with 10 or more parking spaces may substitute compact stalls for up to 40 percent of the total number of provided spaces, inclusive of proposed guest spaces. This is an incentive and not a development standard.
c.
Markings. Each compact space shall be clearly and distinctively marked as a compact space by signs or other markings.
d.
When used, compact spaces may only be used on one side of a double-loaded aisle.
3.
Vertical Clearance. A minimum height of 14 feet shall be maintained clear of obstructions from an exterior parking surface to any structure or landscape feature above that may interfere with the safe passage of vehicles, except within garages, carports, or parking structures. For vertical clearance standards for mechanical lift systems, refer to subsection H of this section.
a.
Vehicular circulation areas and aisles within garages, carports, and parking structures shall have a minimum unobstructed clearance of eight feet two inches from the high point of any walking or driving surface to the bottom of any ceiling, beam, pipe, duct, or similar obstruction.
b.
Parking stalls within garages, carports, and parking structures shall have a minimum unobstructed clearance of seven feet six inches from the high point of any walking or driving surface to the bottom of any ceiling, beam, pipe, duct, equipment, signage, sprinkler, or similar obstruction, except in the case of overhead storage above parking spaces.
c.
All entrances to and exits from vehicular circulation within parking structures shall have a minimum unobstructed vertical clearance of eight feet two inches or the most current clearance determined for accessible routes as defined by California state disability requirements, whichever is the greater dimension, to maintain accessibility to parking spaces for persons with disabilities.
d.
Overhead storage above parking spaces is permitted as long as it does not encroach horizontally more than three feet three inches into the space from the rear wall and must be located a minimum of five feet above the high point of the walking or driving surface below. This may include storage shelves, racks, cabinets, and EV charging equipment, but not mechanical ducts, pipes, or sprinklers. Each parking space with overhead storage must have clearly visible signage indicating the presence of overhead obstructions and that only head-in parking is permitted.
 Figure 3-16 VERTICAL CLEARANCES |
TABLE 3-16 VERTICAL CLEARANCES | ||
|---|---|---|
Name | Dimension | |
A | Minimum Vertical Clearance at Parking Stalls | 7′-6″ |
B | Minimum Vertical Clearance at Circulation, Aisles, and Accessible Aisles and Stalls | 8′-2″ |
C | Additional Vertical Clearance to Any Ceiling, Beam, Pipe, Duct, Equipment, Signage, Sprinkler, or Similar Obstruction | Varies |
D | Minimum Height of Overhead Storage Above Finish Floor | 5′-0″ |
E | Maximum Depth of Overhead Storage | 3′-3″ |
C.
Preferential Parking.
1.
Preferential parking for employees that is signed, striped, and reserved for use by carpool or vanpool vehicles and located as close as is practical to the employee entrances without displacing disabled access parking needs, shall be provided on demand.
2.
When located within a parking structure, a minimum vertical clearance of eight feet two inches shall be provided for spaces and accessways to be used by vanpool vehicles. Adequate turning radii and parking space dimensions shall be provided for vanpool parking areas. Developments of 100,000 square feet or more shall provide a safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
D.
Residential Parking.
1.
Restrictions Within Residential Districts. The parking of automobiles and recreational vehicles in residential zoning districts shall comply with the following standards:
a.
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 on a semi-circular driveway on a lot that has a minimum frontage width of 70 feet. For semi-circular driveways, the driveway interior shall be landscaped.
b.
Recreational Vehicles. Recreational vehicles may be stored or parked on private property within single-family residential districts only as follows:
i.
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
ii.
Recreational vehicles may be temporarily parked on driveways in front of residences for not more than 24 continuous hours.
2.
Enclosed or Covered Parking Required. All residential parking spaces shall be enclosed or covered, except for guest spaces and parking for single-family dwellings (one unit per parcel) existing as of May 2, 2001, as follows:
a.
For a single-family dwelling one covered space, and one tandem, uncovered space of at least 18 feet in length within the driveway and outside of the front yard setback. The garage, carport, or other structure covering the parking space may be demolished and replaced with one covered parking space as long as the tandem uncovered space is retained.
b.
An existing two-car garage for a single-family dwelling may be demolished and replaced in-kind or replaced with a new one-car garage or carport and one tandem, uncovered space within the driveway, provided, that this shall not be permitted where the existing garage is viable because:
3.
Carports. Carport parking shall consist of a solid roof structure, lattice, overhang, or combination of these, that completely covers a parking stall unless in order to cover the vehicle, the carport projects to within three feet of the property line.
4.
Garages. A two-car garage shall have minimum interior dimensions of 19 feet six inches in width by 18 feet six inches in length. In multi-family uses, parking spaces within garages shall comply with the minimum dimensional requirements and additional clearance requirements for vertical and overhead obstructions as described in subsection (B) of this section.
5.
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.
E.
Tandem Parking.
1.
Tandem Parking Space Requirements and Parking Area Dimensions
a.
Tandem parking is permitted in single-family residential projects, and in multi-family residential and mixed-use projects in which a minimum of 25 percent of the total unit count is set aside as affordable housing, provided that both the independent and dependent spaces in each pair shall be assigned to the same unit, and that at least one space in each pair shall be a standard size. This is an incentive and not a development standard.
b.
Tandem parking shall be arranged to be no more than two spaces in depth, with a minimum total length of 34 feet.
c.
Aisles may not be considered stalls to satisfy parking stall requirements.
d.
Tandem parking shall not be double loaded.
e.
Where tandem parking is provided and valet operations or private temporary staging occurs within a drive aisle, the aisle width shall be increased to a minimum of 30 feet. In lieu of widening the aisles, independent back-up and staging areas outside of drive aisles may be provided at a ratio of one staging area for every six tandem stalls, as illustrated in Figure 3-18.
2.
Non-Residential Uses.
a.
The use of tandem parking for non-residential uses shall require that the operator of the parking facility provide a valet or attendant at all times that the parking is accessible to users, except where the review authority determines that the nature of the use and its operation will not require attended parking.
b.
Tandem parking may be arranged to be no more than two spaces in depth, except in cases where a drive aisle is provided at both the front and rear, tandem parking may be up to a maximum of three spaces in depth.
F.
Non-Residential Parking in Residential Zones. Covered parking spaces may be required at the discretion of the review authority to mitigate impacts. Rooftop parking is prohibited.
G.
Existing Non-Residential Surface Parking in Residential Zones. Existing non-residential surface parking facilities as of February 19, 2016 shall comply with the following standards:
1.
Permits Required. Any existing non-residential surface parking facility located in a residential zone shall obtain an administrative permit (Chapter 19.44) of this Code and shall comply with the standards in this section. These facilities shall have 180 days from February 19, 2016 to file an application for an administrative permit. Upon review, the Community Development Director may decide to add conditions that are in addition to the standards in this section.
2.
Exemptions. The following types of non-residential surface parking facilities in residential zones are exempt from an administrative permit and the standards below:
3.
Design and Operations. Non-residential surface parking facilities in residential zones shall comply with the following standards:
a.
Parking facilities shall install perimeter landscaping or other visual screening, subject to approval by the review authority.
b.
When not in use, parking facilities shall be locked to prevent late night and unauthorized use between the hours of 10:00 p.m. and 8:00 a.m. The Director of Public Works may authorize the city parking enforcement officers to lock facilities that fail to comply with this condition between the hours of 10:00 p.m. and 8:00 a.m.
H.
Mechanical Parking Lifts. Mechanical parking lifts may be used through the approval of the parking plan required by Section 19.28.030(A) of this chapter (General Parking Regulations -Layout and Access Plan Required), as follows.
1.
Permit Requirements.
a.
Mechanical parking lift systems at an existing parking facility shall be reviewed through an administrative permit process. The permit shall condition screening, noise and/or landscaping requirements for mechanical lift systems.
b.
Mechanical lifts installed as part of new development shall be permitted through applicable project permits and must comply with the standards below.
2.
Non-Residential Uses.
a.
Mechanical parking lift systems may be used for non-residential uses.
b.
Mechanical parking lift systems shall not park more than two levels of cars per individual lift unit and no additional vehicle(s) shall park so as to limit access to the lift.
c.
Mechanical parking lift systems installed for non-residential uses shall be operated by a valet or attendant at all times such that the parking is accessible to users. In addition to these standards, a parking operations plan per Section 19.28.030(B) of this chapter shall be submitted and operation must comply with valet standards in Chapter 5.120 of this Code (Valet Parking).
d.
At least one parking lift level shall have a minimum unobstructed clearance height of seven feet. All other levels shall have a minimum unobstructed clearance height of six feet six inches.
e.
Mechanical lift systems installed on existing surface lots shall be covered on top and screened on all sides.
3.
Residential Uses and Mixed-Use Projects.
a.
Mechanical parking lift systems may be used in residential uses. Lifts shall be covered, enclosed in, or underground in a structure. Each space within a lift bay shall be assigned to the same dwelling unit.
i.
In townhomes, row homes, or residential projects with four or less dwelling units, mechanical lift systems may be used when attached or otherwise integrated into each dwelling unit, if they allow for a minimum ground floor habitable space of 240 square feet for each dwelling unit.
b.
Mechanical parking lift systems shall be limited to two cars per individual lift unit and access and clearances to such lifts shall not be blocked or otherwise obstructed.
c.
Mechanical parking lift systems installed for residential uses and mixed-use projects shall be operated by a valet or attendant at all times such that the residential parking is accessible to users, except in townhomes, row homes, or projects with four or less dwelling units, where attached or otherwise integrated self-park lift systems may be used. In addition to these standards, a parking operations plan per Section 19.28.030(B) of this Code shall be submitted and operation must comply with valet standards in Chapter 5.120 of this Code (Valet Parking).
d.
For all mechanical parking lift systems, the lower lift level shall have a minimum unobstructed clearance height of seven feet. The upper level shall have a minimum unobstructed clearance height of six feet six inches. Obstructions such as mechanical ducts, pipes, sprinklers, or electrical equipment may not be located within this zone, and additional vertical clearance shall be provided for these elements if present.
 Figure 3-20 MECHANICAL PARKING STALL VERTICAL CLEARANCE REQUIREMENTS |
4.
Minimum Width and Length of Parking Space. Parking spaces in mechanical lift systems shall comply with subsection (B)(1) (Parking Space and Lot Dimensions – General Parking Space Requirements and Parking Area Dimensions) of this section.
a.
For all mechanical parking lift systems, minimum clear width between vertical structural supports shall be eight feet.
 Figure 3-21 MECHANICAL PARKING STALL WIDTH AND LENGTH REQUIREMENTS |
5.
Emergency Override. Mechanical parking lifts shall provide a manual override to access or remove vehicles from the parking lift in the event of a power outage.
6.
Vehicle Protection. Mechanical parking lifts shall be designed to prevent vehicle liquids and/or debris from spilling onto other vehicles or building surfaces.
I.
Automated Parking Structures. Automated parking structures may be used at the discretion of the review authority through the approval of the parking plan required by Section 19.28.030(A) of this chapter (General Parking Regulations -Layout and Access Plan Required).
1.
Development Permit. A development permit is required for an automated parking structure.
2.
Parking Operations Plan. The use of an automated parking structure for new residential and non-residential uses shall require a parking operations plan per Section 19.28.030(B) of this chapter.
3.
On-Site Generator. Automated parking structures shall be equipped with a stand-by generator with sufficient capacity to store and retrieve cars if or when the electrical power is down.
4.
Design. Automated parking structures shall be properly designed per Section 19.28.110 of this chapter (Parking Structure and Rooftop Parking Standards). Automated parking structures in commercial zones shall have pedestrian-oriented uses on the ground floor and must comply with Section 19.10.060 of this Code (Commercial Building Façade Standards).
5.
Vehicle Protection. Automated parking structures shall be designed with a method to prevent vehicle liquids and/or debris from spilling onto other vehicles or building surfaces.
6.
Car elevators shall not be considered as automated parking structures and shall not be permitted in multi-family residential, commercial, or mixed-use development projects.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 25, 2003; Ord. 07-773 § 5, 2007; Ord. 14-940 § 19, 2014; Ord. 15-965 §§ 9 – 11, 2015; Ord. 16-973 §§ 7, 8, 2016; Ord. 18-1027 § 6, 2018; Ord. 19-1058 §§ 63 – 69, 2019; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024; Ord. 25-12, 7/7/2025)
§ 19.28.100 Surface Parking Area Standards.
Surface parking lots for non-residential uses shall be constructed, landscaped, and maintained in compliance with the following regulations. For parking structures, see Section 19.28.110 (Parking Structure and Rooftop Parking Standards).
A.
Construction and Improvement Standards. Off-street parking areas shall be constructed and improved as follows.
2.
Lighting. Parking areas designed to accommodate three or more vehicles shall have adequate illumination for security and safety with a minimum of one foot candle for the period from one-half-hour after sunset to one-half-hour before sunrise the following day, at every point of the parking lot.
a.
Lighting fixtures shall be energy-efficient and in scale with the height and use of the on-site structures, with standards and fixtures (poles, vertical supports) not exceeding a height of 12 feet.
3.
Shopping Cart Storage. Parking facilities for commercial uses that offer shopping carts for use by patrons (e.g., grocery stores) shall contain shopping cart storage areas when appropriate. The dimensions and locations of these storage areas shall be determined the Community Development Director.
4.
Slope.
a.
Driveways. Driveway slope shall not exceed 20 percent. The last 20 feet near the exit shall not exceed three percent.
b.
Parking Areas. The slope of parking areas shall not exceed five percent. The review authority may allow slope increases up to 20 percent if it determines that the increase will allow superior project design.
5.
Striping, Directional Arrows, and Signs.
a.
When parking for commercial uses is located behind or under a building, or otherwise not clearly visible from the street, a directional sign shall be placed on or near the front of the building to help ensure customer accessibility.
b.
In parking facilities containing forty or more parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows to ensure the safe and efficient flow of vehicles.
c.
Parking stalls shall be marked with double striped lines. Each line shall be approximately four inches wide and spaced six inches apart. Parking space width shall be measured from the centerline between the two lines.
6.
Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with a minimum thickness of two inches of asphalt, concrete, grasscrete, stabilized decomposed granite, or other all-weather surfacing over a minimum thickness of four inches of a base material to be approved by the Director of Public Works, or with a minimum thickness of four inches of Portland cement concrete. Refer to Section 19.28.150 (Bicycle Parking and Support Facilities) for requirements for bicycle parking areas.
Alternate surfaces for parking and loading areas may be approved by the Director of Public Works, provided that the material used meets aesthetic qualities, improves drainage and permeability, and responds to historic guidelines for the property and its setting.
7.
Wheel Stops and Curbing.
a.
Concrete curbing at least six inches high and six inches wide, with breaks to allow on-site drainage, shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area and the drainage is directed to the landscaped area. Alternative barriers designed to protect landscaped areas from vehicle damage may be approved by the Community Development Director. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space. Wheel stops shall not be required where two parking spaces are contiguous at the width.
b.
To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hardy materials in-lieu of paving, allowing a bumper overhang while maintaining the required parking dimensions. However, the overhang area shall not be counted as part of the five percent area required by subsection (B)(2), below, and when adjacent to a required landscaping strip shall be in addition to the minimum five-foot width. No fixtures (e.g., lights, sprinklers) that are higher than the curb shall be located within a bumper overhang area. Curbing that creates a bumper overhang barrier shall not exceed a height of five inches.
B.
Parking Area Landscaping Requirements.
1.
Parking Lot Landscaping Performance Standards. Landscaping for parking lots shall be provided in compliance with the following point system, based on the size of the parking lot. A maximum of 30 percent of points may be earned for non-landscaping items. All points earned for required canopy trees count toward the total number of points.
The following tables are used by first determining the minimum number of canopy trees and minimum number of performance points required by Table 3-8, and then using Table 3-9 to determine the number of points earned by the various features of the parking lot design. The number of points earned must be at least the number required by the first table based on the number of spaces in the parking lot. |
TABLE 3-8 REQUIRED CANOPY TREES | ||
|---|---|---|
Minimum Number of Canopy Trees Required and Total Number of Points Required Based on Size of Parking Lot (Number of Spaces) | ||
Number of Parking Spaces | Minimum Required Number of Canopy Trees | Total Required Number of Points |
0—9 | 1 | 7 |
10—24 | 2 | 15 |
25—50 | 1 per 8 spaces | 25 |
51—75 | 50 | |
76—100 | 75 | |
101—125 | 100 | |
126 and more | 125 | |
2.
Landscape Materials. Landscaping materials shall be provided throughout all parking lot areas using a combination of trees, shrubs, and ground cover. Trees shall be in planters located throughout the parking area to reduce heat gain.
3.
Parking Lot Perimeter Landscaping.
a.
Adjacent to Streets. Parking areas adjacent to a public right-of-way shall be provided with landscaping that is designed and maintained to screen cars from the view from the street to a height of 42 inches, measured from the surface of the parking area.
i.
Plant materials shall be selected to provide a minimum height of 36 inches at the time of planting.
ii.
Screening materials may include a combination of plant materials, berms, decorative masonry walls, raised planters, or other screening devices that meet the intent of this requirement.
iii.
The screening landscaping shall be provided within a landscaping strip that is a minimum width of five feet, adjacent to the public right-of-way. If a wall is used for screening, the landscaping strip shall be located on the right-of-way side of the wall.
iv.
The landscaping strip shall include trees planted at 20-foot intervals.
TABLE 3-9 QUALIFYING FEATURES | |
|---|---|
Earned Points | Qualifying Landscape or Site Development Feature |
10 | 8% of site area within parking lot perimeter occupied by landscaping. |
4 | Each canopy tree. |
4 | Each existing large or well-established tree or specimen plant retained. |
6 | Consistent use of vine pockets against walls. |
5 | Pedestrian amenities (e.g., thematic or comprehensive pedestrian lighting scheme, unique decorative materials, art, or ornamental sculpture or fountains), each. |
4 | Surfaces other than asphalt or concrete and permeable surfaces as part of hardscape (does not include planters). Light colored surfaces and grasscrete are encouraged. |
4 | Pavement surfaces of rubberized asphalt. |
5 | Decorative perimeter walls with integral architectural elements (e.g., gateways, coping, piers, and ornamental decorative materials). |
The following are available only for parking lots with 51 or more spaces. | |
20 | Integration of circulation, hardscape, walls, landscaping, and lighting into a central design concept approved by the Review Authority. |
5 | Clearly delineated axis to adjoining buildings or other site relationships. |
5 | Maximum separation of pedestrian and vehicular travel ways. |
5 | Transition zones to sidewalk and building-adjacent areas. |
5 | Ability to use parking lot space in other ways when not being used for parking, with uses and activities deemed compatible with the zoning of the site and surrounding properties (e.g., pedestrian space or basketball court). |
6 | Decorative perimeter walls with integral architectural elements (e.g., gateways, coping, piers, and ornamental and decorative materials). |
b.
Adjacent to Residential Use. Parking areas for non-residential uses adjoining a residentially zoned parcel shall be designed and maintained to screen the cars from the view of the adjoining residents with a suitable landscaped buffer. This requirement may be reduced when applied to a property line in common with an alley.
i.
The buffer shall be designed with a minimum width of five feet between the parking area and the common property line bordering the residential use, and shall include mature trees or tall hedges.
ii.
A solid masonry wall with a minimum height of six feet shall be provided along the property line. The Community Development Director may require taller walls and other noise mitigation devices (e.g., partially or fully covered parking) when necessary to lessen the impacts of a particular use.
iii.
For properties adjoining alleys, a landscaped strip of two feet shall be provided on the public right-of-way side of the wall.
§ 19.28.110 Parking Structure and Rooftop Parking Standards.
Parking structures providing parking for residential and non-residential uses shall be constructed, landscaped, and maintained in compliance with the following regulations. Surface parking lots are instead subject to Section 19.28.100 of this chapter (Surface Parking Area Standards).
A.
Setbacks, Height Limits. Parking structures shall comply with the setback requirements and height limits of the applicable zoning district, except as otherwise provided by this section.
B.
Architecture.
1.
Parking structures visible from street frontages shall be designed to be compatible with the architectural character and quality of adjacent buildings and shall not adversely impact abutting pedestrian sidewalks.
2.
Structure elevations should use color, massing, or architectural features to reduce the appearance of bulk.
3.
Parking structure façades facing residential parcels shall:
C.
Construction and Improvement Standards.
1.
Drainage. Parking structures shall be designed and constructed:
a.
So that surface water will not drain over sidewalks or adjacent parcels;
b.
So that individual parking levels shall slope to interior drains; perimeter drains or scuppers shall not be allowed; and
c.
In compliance with the storm water quality and quantity standards of the city's best management practices.
2.
Lighting. Parking and pedestrian areas shall have adequate illumination for security and safety with a minimum of one foot candle at every point within the parking structure.
a.
Lighting fixtures shall be energy-efficient and in scale with the height and use of the on-site structures, with standards and fixtures (poles, vertical supports) not exceeding a height of 12 feet.
3.
Ramp Slope. The ramp slopes of parking areas shall not exceed five percent. For driveway ramp slope standards, refer to Section 19.28.130(E) of this chapter (Driveway Ramp Slope).
4.
Striping, Directional Arrows, and Signs.
a.
Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows to ensure the safe and efficient flow of vehicles. The Community Development Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.
b.
Parking stalls should be marked with double striped lines. When this type of striping is used, each line shall be approximately four inches wide and spaced six inches apart. Parking space width shall be measured from the centerline between the two lines.
5.
Wheel Stops and Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area and the drainage is directed to the landscaped area. Alternative barrier design to protect landscaped areas from vehicle damage may be approved by the Community Development Director. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space. Wheel stops shall not be required where two parking spaces are contiguous at the width.
D.
Landscaping. Landscaping, other than grass and ground cover, shall be provided along a minimum of 60 percent of the ground level of the structure's street frontage, excluding:
E.
Rooftop Parking. Rooftop parking is allowed in commercial zones and in the PF zoning district. Rooftop parking that is adjacent to a residential zoning district shall be designed and constructed in compliance with the following standards.
1.
All rooftop parking within 25 feet of the residential property line shall be separated from the residential property by a sound wall to prevent adverse noise impacts on residents and, other than the sound wall, shall not exceed the height limit of the adjacent residential zoning district.
2.
Sound walls for rooftop parking may exceed the height limits of the zoning district by 10 percent, and shall be architecturally compatible with the entire parking structure.
F.
Semi-Subterranean Garages. Semi-subterranean residential parking garages may be built within required side setbacks in compliance with Section 19.20.150(E) of this Code (Allowed Projections into Setbacks), provided that the required safety railing along the top edge of the garage from grade is a maximum of six feet as measured from the adjacent abutting property, except where otherwise approved by the Planning Commission.
G.
Sunset Specific Plan Area. Parking structures within the Sunset Specific Plan area shall comply with the following requirements:
1.
Up to 120 percent of the parking required for on-site uses may be provided. More than 120 percent of the required parking spaces may be provided only if the additional spaces are made available to the public;
2.
The use of the latest parking technology (e.g., ID cards, electric gates, and individual timers) is encouraged; and
3.
Consolidated parking facilities that are capable of expanding to meet future parking demands are strongly encouraged.
H.
Enclosed Driveways. Enclosed driveways accessing subterranean parking on a commercially zoned property may project into setbacks in compliance with Section 19.20.150(E) of this Code (Allowed Projections into Setbacks), provided the commercially zoned property is adjacent to a residentially zoned property. The design of the enclosure shall be compatible with the project and be adequately landscaped adjacent to the structure and is subject to review and approval by review authority as part of land use permit approval for project.
I.
Porte Cocheres. Porte cocheres shall be permitted in townhomes, rowhomes, or residential projects with four or fewer dwelling units.
(Ord. 01-594 § 2, 2001; Ord. 06-734 § 7 [Att. D], 2006; Ord. 09-812 § 7, 2009; Ord. 09-813U § 7, 2009; Ord. 17-1007 § 8, 2017; Ord. 19-1058 §§ 74 – 76, 2019; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024)
§ 19.28.120 Off-Site Parking Standards.
Where the use of off-site parking is authorized through parking use permit approval (Chapter 19.56) to satisfy the parking requirements of Table 3-6, the parking shall be provided in compliance with the following standards, in addition to the requirements of Chapter 19.56.
A.
Location. All off-site parking spaces except valet-serviced spaces shall be located within a reasonable walking distance and may be required to be within 400 feet measured from the primary entrance to the site.
B.
Design and Improvement Standards. All newly constructed off-site parking spaces shall conform to the same standards of access, configuration, lighting, layout, location, noise attenuation, and size as are required by this chapter for on-site parking spaces.
C.
Identification of Facility. The review authority may require the parking lot to be clearly marked and conspicuously identified as the exclusive or shared parking for the sites it serves, unless the parking can only be accessed by a valet. A parking space assignment plan shall be maintained by the applicant and owners of the off-site parking spaces identifying specific parking space assignments.
D.
Terms of Off-Site Parking. Required parking spaces that are approved off site shall be committed by a lease, bond, or other agreement, acceptable to the City Attorney, between the owners, and if applicable, the lessees of the off-site parking spaces and the owners, and if applicable, the lessees of the subject site, with provisions reflecting the conditions of approval and the approved off-site parking plan.
Lessees shall provide proof to the Community Development Director on an annual basis of continuous leases for off-site parking spaces at the time the leases are renewed following the expiration of their initial terms, or when a new lease for parking elsewhere is substituted. If the off-site parking lease agreement between the parties lapses, the owner or operator of the use leasing the parking shall immediately notify the Community Development Director. The Community Development Director shall determine a reasonable time in which the required parking shall be restored, or alternatively that an in-lieu parking fee be paid in an amount equal to the number of parking spaces required. |
§ 19.28.130 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. See also Section 19.36.311 of this Code for specific standards regarding carports and existing garages.
A.
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.
B.
Driveway Width. Driveway pavement width shall be determined based on the number of parking spaces accessed by the driveway, as detailed below:
1.
Up to 12 Parking Spaces. The allowable driveway pavement width is 10 feet (includes driveway ramp conditions going subterranean or going up to above-ground structures and on-grade driveways).
2.
13 to 25 Parking Spaces. The minimum driveway pavement width may be either 10 feet wide for a single-car width or up to 18 feet wide maximum for two-car widths. Up to a 20-foot wide maximum driveway may be requested when the design incorporates a median or divider element with a call box or access reader, integrates mirrors at the top and bottom of ramps, and is accompanied by operational protocols governing entry and exiting priorities.
3.
26 Parking Spaces or Greater. The allowable driveway pavement width shall be 18 feet for two-car widths with up to 20 feet maximum if design incorporates a median or divider element with a call box or access reader, integrates mirrors at the top and bottom of ramps, and is accompanied by operational protocols governing entry and exiting priorities.
4.
Exception. The Community Development Director may approve driveway widths up to 24 feet for visibility or public safety reasons, where an applicant demonstrates a physical lack of design alternatives, the presence of special conditions, or a unique intensity of vehicular traffic in a residential use.
C.
Number and Extent of Residential Driveways.
1.
Number of Driveways – Mid-Block Parcels. New development shall be limited to one curb cut unless the Community Development Director finds that a second cut would result in substantial improvements to traffic flows or public safety.
2.
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 Community Development Director determines that two driveways are needed to provide safe access.
D.
Number of Non-Residential Driveways. One driveway shall be allowed for each site unless the City Engineer determines that more than one driveway is required to accommodate traffic volumes or specific designs.
E.
Driveway Ramp Slope. Driveway ramp slope shall not exceed 20 percent. Where driveway ramp slope exceeds 10 percent, a transition slope shall be provided for an eight-foot distance at the top and bottom of ramps equal to one-half of the maximum slope of the ramp. The five feet of driveway closest to the public right-of-way shall not exceed a slope of three percent.
1.
Where underground transformers are located beneath driveways, slope shall not exceed two percent, or the most current Southern California Edison (or other applicable utility) standard, whichever is smaller.
 FIGURE 3-30 Driveway Slope |
TABLE 3-31 DRIVEWAY SLOPE | |||
|---|---|---|---|
Name | Minimum Length | Maximum Slope | |
A | Top Transition Slope at Public Right-of-Way | 5 feet | 3% where underground transformers are located beneath driveways, slope shall not exceed 2%, or the most current Southern California Edison (or other applicable utility) standard, whichever is smaller |
B | Top Transition Slope | 8 feet | 50% of maximum slope |
C | Maximum Slope | Varies | 20% |
D | Bottom Transition Slope | 8 feet | 50% of maximum slope |
F.
Visibility Considerations. Driveways and driveway landscaping shall be designed in accordance with the following standards and 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 as shown in Figure 3-32.
1.
Driveway Visibility. To ensure clear sightlines, a visibility triangle in which no obstructions shall be present shall be defined as follows:
a.
For single driveways where the driver backs out onto the roadway, the minimum visibility triangle is drawn from nine feet back from the public right-of-way to a distance of 14 feet from the line that is four feet from the edge of the driveway on the left side of the driver.
b.
For single driveways meant for forward exit, the minimum visibility triangle is drawn from six feet back from the public right-of-way to a distance of 14 feet from the line that is six feet from the edge of the driveway on the right side of the driver.
c.
For double driveways, including those divided by a median, the minimum visibility triangle is drawn from six feet back from the public right-of-way to a distance of 14 feet from the line that is six feet from the edge of the driveway on the right side of the driver.
d.
If an adjoining property interferes with the visibility triangle, create a driveway setback which maintains the clearances stated in subsections (F)(1)(a) through (c) of this section for clear sightlines.
e.
Within this triangular zone there shall be no obstructions, including walls, fences, hedges, and base landscaping, that are over 28 inches in height. Tree foliage, when present, shall provide a minimum of six feet of clear visibility from street grade.
  FIGURE 3-32 Driveway Visibility Triangle Definition |
TABLE 3-32 DRIVEWAY VISIBILITY TRIANGLE DEFINITION | |||
|---|---|---|---|
Distance from Public Right-of-Way (A) | Distance from Edge of Driveway to Centerline of Driver (B) | Distance from Centerline of Driver (C) | |
Forward Exit | 6′ | 6′ (On Right Side of Driver) | 14′ |
Backward Exit | 9′ | 4′ (On Left Side of Driver) | 14′ |
 FIGURE 3-33 Example of Forward Exit for Properties with a Front Yard |
 FIGURE 3-34 Example of Backward Exit for Properties with a Front Yard |
 FIGURE 3-35 Example of Forward Exit for Buildings with No Setback |
 FIGURE 3-36 Example of Forward Exit for Buildings with No Setback |
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 26, 27, 2003; Ord. 19-1058 § 78, 2019; Ord. 21-1152 § 6, 2021; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024)
§ 19.28.140 Temporary Parking Lots.
Temporary parking lots may be approved in compliance with Chapter 19.54 (Temporary Use and Special Event Permits).
A.
Time Limits and Extensions. The temporary use permit for a temporary parking lot shall specify a fixed expiration date. Extensions of time may be granted as follows:
1.
New Lots. A temporary parking lot temporary use permit approved after May 2, 2001, may be automatically extended by the Community Development Director for a fixed time period, absent receipt of complaints about the operation of the parking lot.
2.
Existing Lots. Existing temporary parking lot permits shall expire in compliance with the terms of the approved permit or applicable extension. Additional extensions shall comply with the provisions of this section.
B.
Development Standards. A temporary parking lot shall comply with all applicable requirements for surface parking lots in Section 19.28.100 (Surface Parking Area Standards), and the following requirements.
1.
Hours of Operation. The Planning Commission shall establish hours of operation for the parking lot. In approving hours of operation, the Commission shall consider the existing land uses on adjacent properties, the locations of access points to the parking lot, and any other factors that may impact the use and enjoyment of adjacent properties and the health, safety, and welfare of the community. The parking lot shall be secured in a manner to prevent unauthorized entry onto the property during non-operating hours.
2.
Parking Service Operation Required. The parking lot shall be operated by a parking service. On-site management of the parking lot shall be required during all hours of operation. Insurance coverage shall be maintained in compliance with the standards for valet parking services in the city's Business License Ordinance.
§ 19.28.150 Bicycle Parking and Support Facilities.
Bicycle parking facilities, showers, and lockers shall be provided in the following manner:
A.
Number of Spaces Required.
TABLE 3-50 BICYCLE PARKING | ||
|---|---|---|
Land Use | Short-Term/Visitor Bicycle Parking | Long-Term Employee or Resident Bicycle Parking |
Non-Residential | One bicycle parking space for each 5,000 to 9,999 square feet and one space for each additional 10,000 square feet of gross floor area. A minimum of 2 spaces shall be provided per building. | One bicycle parking/storage space for each 7,500 square feet of gross floor area. |
Multi-Family Residential (projects of 5 or more units) | One bicycle parking space for each 4 residential units. | One bicycle parking/storage space for each 2 residential units. |
Mixed-Use Projects | Same as specified above for each use (residential and commercial). | Same as specified above for each use (residential and commercial). |
B.
Bicycle Parking Design. Bicycle parking areas shall be designed and provided in the following manner:
1.
Parking Racks. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle.
2.
Parking Layout.
a.
Aisles. Access to bicycle parking spaces shall be at least five feet in width.
b.
Storage Space Design.
i.
Horizontal Storage. Each horizontal bicycle space shall be designed to maintain a minimum of two feet in width and six feet in length and have a minimum of seven feet of overhead clearance.
ii.
Vertical Storage. Each vertical or wall-mounted bicycle space shall be designed to maintain a minimum of three feet six inches in length with three feet between spaces with a minimum of seven feet of floor to ceiling height.
c.
Bicycle Parking Location.
i.
Long-Term Bicycle Parking. Bicycle spaces shall be located on the ground floor or first level of a parking structure/garage of a building in a secured location within proximity to the main entrance of the building and shall not interfere with pedestrian access. Bicycle spaces shall not be located within required storage areas for the building.
ii.
Short-Term/Visitor Bicycle Parking. Visitor bicycle parking spaces shall be located in well-lit and convenient areas on private property within 50 feet of the main entrance to the building.
iii.
For existing buildings and changes of use where the Community Development Director determines existing site constraints prohibit locating short-term bicycle parking on-site, the applicant shall satisfy the requirement by paying the city an established cost of an appropriately sized bicycle rack for providing the short-term parking within the public right-of-way.
e.
Relationship to Motor Vehicle Parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet of open area, marked to prohibit motor vehicle parking.
3.
Electric Bicycles. At least one electrical outlet shall be available in each long-term bicycle parking area for the use of electrical assisted bicycle charging.
C.
Signs. Where short-term bicycle parking areas are not clearly visible to approaching cyclists, signs shall be provided to indicate the locations of the facilities.
D.
Interior Parking Spaces. Square footage dedicated to interior bicycle parking shall not be included in the gross floor area for calculating the parking requirement.
E.
Required Shower, Dressing, and Locker Facilities. New non-residential land uses and major remodels or additions to non-residential land uses of 10,000 square feet or larger shall provide shower, dressing, and locker facilities in compliance with the following standards:
1.
Shower, Dressing, and Locker Areas. A minimum of one shower facility shall be provided in applicable projects with a gross floor area between 10,000 and 24,999 square feet, two showers in projects between 25,000 square feet and 124,999 square feet, and four showers for any project over 125,000 square feet. Dressing areas and lockers shall be provided for shower facilities as specified below.
2.
Shower, dressing, and locker areas shall be located in proximity to one another in a secured location on the ground floor of a building or above.
3.
No shower or locker facilities shall be located within a parking structure or garage.
4.
Lockers. Lockers for clothing and other personal effects shall be located in close proximity to showers and dressing areas to permit access to locker areas by all genders. A minimum of four lockers per each shower shall be installed.
5.
The Review Authority shall review and approve the design of shower, dressing area, and clothes locker facilities with respect to safety, security, and convenience.
6.
Shower/Locker Exemption. An owner of an existing or proposed building subject to the requirements of this section shall be exempt from subsection E upon submitting proof to the Community Development Director that the owner has made arrangements with a health club or other facility, located within three blocks of the building, to provide showers and lockers at no cost to the employees who work in the owner's building.
7.
Residential Project Exemption. Residential projects are exempt from providing shared shower and locker facilities.
(Ord. 01-594 § 2, 2001; Ord. 07-762 § 7, 2007; Ord. 19-1055 § 7, 2019; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024)
§ 19.28.160 Off-Street Loading Space Requirements.
A.
Number of Loading Spaces Required. Off-street loading spaces shall be provided as follows:
TABLE 3-60 LOADING SPACE REQUIREMENTS | ||
|---|---|---|
Type of Land Use | Total Gross Floor Area | Loading Spaces Required |
Manufacturing, research and development, institutional and service uses | Less than 20,000 sq. ft. | 1 |
20,000 sq. ft. and more | 1 for every 20,000 sq. ft. with a maximum of 4 required | |
Hotels | Any size | 1 for the first 25,000 sq. ft. 1 for every additional 50,000 sq. ft. or fraction thereof, with a maximum of 4 required |
Office uses | Less than 20,000 sq. ft. | None |
20,000 to 40,000 sq. ft. | 1 | |
40,001 sq. ft. and more | 1 for every 40,000 sq. ft. or fraction thereof, with a maximum of 4 required | |
Retail and other allowed commercial uses | Less than 10,000 sq. ft. | None |
10,000 to 20,000 sq. ft. | 1 | |
20,001 sq. ft. and more | 1 for every 20,000 sq. ft. or fraction thereof, with a maximum of 6 required | |
B.
Location. Loading spaces shall be located to meet as many of the following criteria as deemed feasible by the Community Development Director. The spaces shall be:
C.
Design and Development Standards.
1.
Dimensions. Loading spaces shall have at least 10 feet in width, 20 feet in length, and 14 feet of vertical clearance within the loading space and within the access and turnaround area for the space.
2.
Enclosures. The preferred method of screening a loading area is complete enclosure within a structure (for example, within the building it serves or within a separate structure). Where opportunities exist, the city will encourage loading areas to be completely enclosed.
3.
Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structures.
4.
Loading Doors and Gates. Loading bays and roll-up doors shall be painted to blend with the exterior structure walls and be located on the rear of the structure as far from residential uses as possible. Bays and doors may be located on the side of a structure, away from a street frontage.
5.
Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances.
6.
Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened with a solid masonry wall, at least six feet in height.
7.
Striping. Loading areas shall be striped, indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner or tenant in a clear and visible manner at all times.
D.
Residential Uses. In multi-family residential projects with five or more units, where an off-street loading space is not provided and with less than one parking space per unit, an off-street service and delivery area shall be provided to accommodate short-term vehicular staging for on-demand delivery services, moving, or similar activities.
1.
Dimensions. Service and delivery areas shall be at least 19 feet in length, with a minimum square footage as indicated in Table 3-61 Off-Street Service and Delivery Areas, and with a minimum of eight feet two inches vertical clearance from the finish floor surface to any overhead obstruction.
2.
Enclosures. The preferred method of screening a service and delivery area is complete enclosure within a structure (for example, within the building it serves or within a separate structure). Where opportunities exist, the city will encourage loading areas to be completely enclosed.
3.
Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structures.
4.
Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened with a solid masonry wall, at least six feet in height.
5.
Striping. Service and delivery areas shall be striped. The striping shall be permanently maintained by the property owner or tenant in a clear and visible manner at all times.
6.
Location. Service and delivery areas shall have direct vehicular access from a driveway or access aisle and shall not be located within any required front setback.
 FIGURE 3-61 Off-Street Service and Delivery Areas |
TABLE 3-61 Off-Street Service and Delivery Areas | |||
|---|---|---|---|
Number of Units | Minimum Square Footage of Off-Street Service and Delivery Area | Width of Off-Street Service and Delivery Area (A) | Minimum Length of Off-Street Service and Delivery Area (B) |
5-15 Units | 230 sq. ft. | Varies | 19′-0″ |
16-25 Units | 460 sq. ft. | Varies | 19′-0″ |
More than 26 Units | 690 sq. ft. | Varies | 19′-0″ |
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 28, 2003; Ord. 19-1058 §§ 81 – 84, 2019; Ord. 23-22 § 4, 2023; Ord. 24-16, 6/24/2024)
§ 19.28.170 Electric Vehicle Charging Readiness.
A.
Applicability. Electric vehicle charging spaces shall be provided for all uses in accordance with the requirements of the California Green Building Standards Code, and pursuant to the requirements of Section 19.36.392 of this Code.
B.
Any spaces reserved for electric vehicle charging stations shall count toward parking requirements under Section 19.28.040 of this chapter (Number of Parking Spaces Required).
C.
Exemptions.
§ 19.30.010 General Property Maintenance Requirements.
Any person owning, leasing, occupying, or having charge or possession of any property shall maintain it in a manner that is consistent with the property maintenance standards found in Chapter 9.60 of this code.
(Ord. 01-594 § 2, 2001; Ord. 19-1090 § 9, 2019)
§ 19.32.010 Purpose.
This chapter establishes seismic safety standards that are designed to protect development proposed for hazardous areas within the dam failure inundation areas, fault precaution zones, and liquefaction susceptibility zones established by the General Plan.
(Ord. 01-594 § 2, 2001)
§ 19.32.020 General Development Requirements within Hazard Zones.
Any new construction within the fault precaution zones, dam failure inundation areas, and liquefaction susceptibility zones, shall comply with the following requirements.
A.
Separation from Active Faults.
1.
No new structure (including foundation systems and basements) designed for human occupancy shall be permitted within 50 feet of an active fault, except that alterations and additions to any structure may be allowed if the alteration or addition does not increase floor area by more than 50 percent of the floor area of the existing structure, or 10,000 square feet, whichever is less. This shall not apply, in Fault Precaution Zone 1, to single-family homes of two stories or less; or to developments consisting of no more than four detached single-family homes of two stories or less; or to developments of up to eight units wherein each unit has living space on the first floor with a minimum of two first-floor exits with direct access to a public right-of-way; or to any property in an R1 or R2 zoning district; and shall not apply to any structure in Fault Precaution Zone 2.
2.
In Fault Precaution Zone 2, no new structure designed for human occupancy shall be permitted unless the requirements of either (a) or (b) below are met:
a.
A fault rupture investigation conducted in compliance with the State Mining and Geology Board Guidelines determines that the structure (including foundation systems and basements) is not within 50 feet of an active fault. Data for the fault rupture investigation may be collected from on-site and at accessible off-site locations to determine specific fault locations and recency of fault movement. Fault rupture investigations shall be performed by a California Certified Engineering Geologist with experience conducting these types of investigations. The geologist shall submit a work plan for the proposed investigation to the city for review and approval before preceding with the fault rupture investigation. The completed fault rupture investigation report shall be submitted to the city for review and approval.
b.
Prior to the issuance of building permits, soils and geology studies (although not including a fault rupture investigation) must be submitted for the review and approval of the Building
Official. Design of the building must comply with the West Hollywood Business Code, using Seismic Source Type A.
B.
Liquefaction Susceptibility Zones. Within liquefaction susceptibility zones:
1.
A soils report by a registered civil engineer shall be submitted to the satisfaction of the Building Official before the issuance of building permits, for all new structures, and any alteration or addition that increases floor area by more than 50 percent of the existing floor area or 2,000 square feet, whichever is less, or adds one or more stories to any portion of a structure. This requirement shall not apply to single-family dwellings of no more than two stories which are in projects of no more than four units; and this requirement may be waived by the Building Official on the basis of a previous soils study on nearby property.
2.
The soils report shall include liquefaction potential studies, and where liquefaction potential is identified, mitigating siting and design features shall be required. The review of the report shall include concern for blockage of road access and the interruption of essential utility service as a result of liquefaction in the area.
3.
All appropriate recommendations in the soils report shall be incorporated into the building design.
C.
Emergency Response Plans. All critical, high occupancy, and sensitive facilities shall develop and maintain emergency plans for efficient shut-down of operations and evacuation of the facility in the event of damage to area dams, to the satisfaction of the Public Safety Manager.
(Ord. 01-594 § 2, 2001; Ord. 02-619 § 1, 2002)
§ 19.32.030 Critical Facilities.
A.
Restricted Areas. New critical facilities shall not be allowed within a dam failure inundation area or fault precaution zone. Limited expansion of critical facilities within a dam failure inundation area shall be allowed. The approval of a proposed expansion shall require that the review authority first find that:
1.
The proposal will ensure the continued functioning of essential facilities following a disaster, prevent loss of life from the failure of critical facilities in an earthquake, and help prevent major problems for post-disaster response (e.g., difficult or hazardous evacuations or rescue, large numbers of injuries, and major clean-up or decontamination of hazardous materials);
2.
Critical facilities shall be protected from damage, loss of function, or inaccessibility in the event of damage directly or indirectly related to local dams or fault rupture;
3.
Effective response shall be provided to a disaster, and serious damage and injuries shall be prevented through effective hazard mitigation; and
4.
The siting of the critical facility observes a 100-foot minimum setback from an identified, active earthquake fault plane. This setback may be increased if, based on the earthquake fault rupture study, a greater setback is necessary to protect the public health, safety, and welfare, if deemed necessary by the Community Development Director.
B.
Special Studies. The following studies shall be submitted for review and approval by the Building Official before the issuance of building permits:
1.
A liquefaction potential study in compliance with Section 19.32.020(B), above;
2.
Detailed site studies for ground shaking characteristics and fault rupture potential; and
3.
Where the studies indicate, compensating siting and design features shall be required.
§ 19.32.040 Sensitive Facilities.
A.
Required Findings. New sensitive facilities shall not be allowed within a fault precaution zone unless the review authority first makes all of the following findings.
1.
A fault rupture investigation conducted in compliance with the State Mining and Geology Board Guidelines determines there is no hazard from fault rupture at the site. Data for the fault rupture investigation may be collected from on-site and at accessible off-site locations to determine specific fault locations and recency of fault movement. Fault rupture investigations shall be performed by a California Certified Engineering Geologist with experience conducting these types of investigations. The geologist shall submit a work plan for the proposed investigation to the city for review and approval before preceding with the fault rupture investigation. The completed fault rupture investigation report shall be submitted to the city for review and approval.
2.
The proposed sensitive facility shall be sited outside 100-foot setback planes drawn parallel to any active faults. A greater setback from any active fault may be required if, based on the fault rupture determination study, the Community Development Director determines that the additional setback is necessary to protect the public health, safety, and welfare.
B.
Special Studies. Before issuance of building permits, the applicant shall submit site-specific engineering geology and geotechnical engineering reports prepared to the satisfaction of the Building Official.
1.
The engineering geology report shall be prepared and signed by a California Certified Engineering Geologist, and the geotechnical engineering report shall be prepared and signed by a California Registered Civil Engineer experienced in the area of geotechnical engineering.
2.
These reports shall include detailed site-specific studies and analyses for all potential geologic and geotechnical hazards (e.g., ground shaking, slope stability, liquefaction).
3.
These reports may be prepared separately or together, but shall incorporate the findings and recommendations of the fault rupture investigation.
4.
Where the studies indicate, compensating siting and design features shall be required.
§ 19.32.050 High Occupancy Facilities.
A.
Required Findings. No new high-occupancy structures (including foundation systems and basements) shall be permitted within 50 feet of an active fault. Construction of new high occupancy facilities shall not be allowed within a fault precaution zone unless the review authority first makes all of the following findings:
1.
A fault rupture investigation determines that there is not hazard from fault rupture at the subject site. The fault rupture investigation must comply with the following criteria:
a.
Was conducted in compliance with the State Mining and Geology Board Guidelines;
b.
Was performed by a California Certified Engineering Geologist with experience conducting these types of investigations;
c.
Was subject to a work plan approved by the city before initiation of the investigation;
d.
Utilized data collected from on-site and at accessible off-site locations to determine specific fault locations and recency of fault movement; and
e.
Was reviewed and approved by the city.
2.
All proposed high occupancy facilities (including their foundation systems and basements) shall be sited outside 50-foot setback planes drawn parallel to any active faults. A greater setback from any active fault planes may be required if, based on the fault rupture investigation, the Community Development Director determines that the additional setback is necessary to protect the public health, safety, and welfare.
B.
[Deleted.]
C.
Special Studies. Before issuance of building permits, the applicant shall submit site-specific engineering geology and geotechnical engineering reports prepared to the satisfaction of the Building Official.
1.
The engineering geology report shall be prepared and signed by a California Certified Engineering Geologist, and the geotechnical engineering report shall be prepared and signed by a California Registered Civil Engineer experienced in the area of geotechnical engineering.
2.
These reports shall include detailed site-specific studies and analyses for all potential geologic and/or geotechnical hazards (e.g., ground shaking, slope stability, liquefaction).
3.
These reports may be prepared separately or together, but shall incorporate the findings and recommendations of the fault rupture investigation.
4.
Where the studies indicate, compensating siting and design features shall be required.
§ 19.34.010 Purpose.
This chapter provides standards for on-site and off-site signs to safeguard life, health, property, safety, and public welfare, while encouraging creativity, variety and compatibility, and enhancement of the city's image. The provisions of this chapter are intended to:
A.
Encourage creative and well-designed signs that contribute in a positive way to the city's visual environment, express local character, and help develop a distinctive image for the city.
B.
Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood. Signs should be compatible and integrated with the building's architectural design and with other signs on the property.
C.
Recognize that signs are a necessary form of communication, and provide flexibility within the sign review and approval process to allow for unique circumstances and creativity.
(Ord. 01-594 § 2, 2001)
§ 19.34.020 Applicability.
A.
Sign Permits Required. To ensure compliance with the regulations of this chapter, a sign permit shall be required in order to apply, erect, move, alter, reconstruct, or repair any permanent or temporary sign, except signs that are exempt from permits enumerated in Section 19.34.110 (Exemptions from Sign Permit Requirements). See Section 19.34.100 for sign permit application and processing requirements.
B.
Sign Standards. The sign standards provided in this chapter are intended to apply to signs in each zoning district in the city. Only signs authorized by this chapter shall be allowed.
C.
New Zoning Districts. If a new zoning district is created after the enactment of this chapter, the Community Development Director shall have the authority to make determinations as to the applicability of appropriate sign regulations in compliance with Chapter 19.03 (Interpretation of Zoning Ordinance Provisions) until this chapter is amended to govern the new zoning district.
D.
Design Guidelines. The city's Sign Design Guidelines will be used in the evaluation of sign permit applications to ensure that signs are well designed, compatible with their surroundings, and do not detract from the overall visual quality of the city.
E.
Nonconforming Signs. Nonconforming signs are subject to the provisions of Chapter 19.72 (Nonconforming Uses, Structures, Signs and Parcels), in addition to this chapter.
F.
Definitions. Definitions of specific types of signs and the other terms used in this chapter are grouped with the definition of the term "Sign" in Article 19-6 (Definitions).
G.
Substitution Clause. Notwithstanding any other provision of this code, any noncommercial copy may be substituted for any commercial copy on any sign permitted by this code. If non-commercial copy is substituted, the resulting sign will continue to be treated as the original commercial sign under this code and will not be deemed or treated as an off-site sign. The content of any non-commercial copy on any sign otherwise permitted by this code may be changed without complying with any provisions of this code normally required for sign copy or design approval.
(Ord. 01-594 § 2, 2001; Ord. 05-703U § 5, 2005; Ord. 05-704 § 5, 2005; Ord. 19-1058 § 102, 2019; Ord. 24-16, 6/24/2024)
§ 19.34.030 Sign Standards by Zoning District.
All signs shall comply with the standards of the applicable zoning district, in compliance with the provisions in Tables 3-11 and 3-12.
TABLE 3-11 SIGN STANDARDS FOR RESIDENTIAL ZONING DISTRICTS (R1, R2, R3, R4) | |||||||
|---|---|---|---|---|---|---|---|
Sign Class | Allowed Sign Types | Maximum Number of Signs | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
1. Multi-family project identification | Wall or monument. | 1 for each street frontage. | 25 sq. ft. maximum per sign. | Below edge of roof; 42 in. monument. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. |
2. Bed and breakfast or hotel | Wall or elevated monument sign. | 1 for each street frontage. | 4 sq. ft. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. |
3. Commercial uses (legal non-conforming only) | Wall or elevated monument sign. | 1 for each tenant space. | 1 sq. ft. for each lineal ft. of building frontage; 25 sq. ft. maximum. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near tenant entrance. | Yes | Name and address of facility only. |
4. Offices (not including home occupations) | Wall or elevated monument sign. | 1 for each tenant space. | 1 sq. ft. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. No signs allowed for home occupations. |
5. Other allowed uses, except family day care, emergency shelters, and residential care | Wall or elevated monument sign; changeable copy sign if allowed by Section 19.34.050(C). | 1 for each street frontage. | 4 sq. ft. maximum per sign. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. |
6. Real estate signs | See Section 19.34.050(F). | ||||||
7. Religious facilities | Wall or free-standing bracket sign; changeable copy sign. | 2 identification signs per use, 1 changeable copy sign per façade. | Identification sign: 0.5 sq. ft. for each linear ft. of primary building frontage, 25 sq. ft. maximum per sign. Changeable copy sign: 15 sq. ft. maximum. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only on other than changeable copy signs. |
8. Live/work facilities and commercial uses in the R3C-C and R4B-C zoning district | Wall and/or window, awning/ canopy blade/ bracket, free-standing bracket or monument. | 2 for each tenant space. | 1 sq. ft. for each lineal ft. of tenant frontage; 25 sq. ft. maximum. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near tenant entrance. Allowed only on ground floor frontage. | Yes | Name and address of facility only. |
9. Car share vehicle parking | Wall and/or window, blade/bracket, free-standing bracket or monument | 1 per street frontage. | 3 square feet. | 10 feet above grade. 6 ft. for freestanding signs | Near vehicular and/or pedestrian access to the building | Yes | |
TABLE 3-11 SIGN STANDARDS FOR RESIDENTIAL ZONING DISTRICTS (R1, R2, R3, R4) | |||||||
|---|---|---|---|---|---|---|---|
Sign Class | Allowed Sign Types | Maximum Number of Signs | Maximum Sign Area | Maximum Sign Height | Location Requirements | Lighting Allowed? | Additional Requirements |
1. Multi-family project identification | Wall or monument. | 1 for each street frontage. | 25 sq. ft. maximum per sign. | Below edge of roof; 42 in. monument. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. |
2. Bed and breakfast or hotel | Wall or elevated monument sign. | 1 for each street frontage. | 4 sq. ft. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. |
3. Commercial uses (legal non-conforming only) | Wall or elevated monument sign. | 1 for each tenant space. | 1 sq. ft. for each lineal ft. of building frontage; 25 sq. ft. maximum. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near tenant entrance. | Yes | Name and address of facility only. |
4. Offices (not including home occupations) | Wall or elevated monument sign. | 1 for each tenant space. | 1 sq. ft. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. No signs allowed for home occupations. |
5. Other allowed uses, except family day care, emergency shelters, and residential care | Wall or elevated monument sign; changeable copy sign if allowed by Section 19.34.050(C). | 1 for each street frontage. | 4 sq. ft. maximum per sign. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only. |
6. Real estate signs | See Section 19.34.050(F). | ||||||
7. Religious facilities | Wall or free-standing bracket sign; changeable copy sign. | 2 identification signs per use, 1 changeable copy sign per façade. | Identification sign: 0.5 sq. ft. for each linear ft. of primary building frontage, 25 sq. ft. maximum per sign. Changeable copy sign: 15 sq. ft. maximum. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near building entrance. | Yes | Name and address of facility only on other than changeable copy signs. |
8. Live/work facilities and commercial uses in the R3C-C and R4B-C zoning district | Wall and/or window, awning/ canopy blade/ bracket, free-standing bracket or monument. | 2 for each tenant space. | 1 sq. ft. for each lineal ft. of tenant frontage; 25 sq. ft. maximum. | Below edge of roof; 36 in. freestanding. | Affixed to wall, or placed within a landscaped area near tenant entrance. Allowed only on ground floor frontage. | Yes | Name and address of facility only. |
9. Car share vehicle parking | Wall and/or window, blade/bracket, free-standing bracket or monument | 1 per street frontage. | 3 square feet. | 10 feet above grade. 6 ft. for freestanding signs | Near vehicular and/or pedestrian access to the building | Yes | |
(Ord. 01-594 § 2, 2001; Ord. 12-882 § 7, 2012; Ord. 14-940 § 20, 2014; Ord. 18-1022 § 14, 2018; Ord. 18-1040 §§ 8, 9, 2018)
§ 19.34.040 General Provisions for On-Site Signs.
A.
Encroachment into Public Right-of-Way. No sign shall encroach into a public right-of-way, except that a blade or bracket sign or awning attached to a building façade may project a maximum of three feet over a public sidewalk, if the lowest part of the sign is at least eight feet above the sidewalk surface, with the approval of the City Engineer.
B.
Illumination of Signs. The illumination of signs, either from an internal or external source, shall be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:
1.
External light sources shall be directed and shielded to limit direct illumination of any object other than the sign;
2.
Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential properties in a direct line of sight to the sign;
3.
Signs shall not have blinking, flashing, or fluttering lights, or other illuminating devices that have a changing light intensity, brightness, or color, except for large screen video signs approved in compliance with Section 19.34.080(H), and creative signs approved in compliance with Section 19.34.060;
4.
Signs shall not use colored lights or other design elements that may be confused with or mistaken for traffic-control devices;
5.
Reflective type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is visible from a public right-of-way or adjacent property; and
6.
Light sources shall utilize energy-efficient fixtures to the greatest extent possible.
C.
Measurement of Sign Area.
1.
The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. See Figure 3-10.
 FIGURE 3-10 Sign Area Measurement |
2.
Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
4.
A sign that consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall be processed as follows:
a.
Signs with three-dimensional objects that project more than six inches from the sign face are subject to Section 19.34.060 (Creative Signs). All dimensions shall be shown on the submitted plans.
b.
Signs with three-dimensional objects that project six inches or less from the sign face shall be measured as a flat sign.
D.
Measurement of Sign Height. The height of a sign shall be measured as the vertical distance from the uppermost point used in measuring the area of the sign to the average grade immediately below and adjoining the sign.
 FIGURE 3-11 Sign Height |
E.
Sign Copy. The sign copy (text) of permanent signs shall relate only to the name or nature of the business. Permanent signs that advertise continuous sales or special prices shall not be allowed.
F.
Sign Maintenance. Signs and supporting hardware, including temporary signs and time or temperature signs shall be structurally safe, clean, free of visible defects, and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
G.
Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
H.
Window Coverage. Windows, including glass doors, shall not be covered by signs in excess of 25 percent of the total glass area, except for certain temporary signs as permitted in Table 3-13 Requirements for Temporary Signs.
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 21, 2014; Ord. 17-1015 § 1, 2017)
§ 19.34.050 Standards for Specific Types of Signs.
A.
Awning and Canopy Signs. Awning and canopy signs may be allowed only as an integral part of the awning or canopy to which they are attached or applied, as follows.
1.
Location. Signs may be placed only on awnings that are located on first- and second-story building frontages (as restricted by Table 3-12), including those fronting a parking lot or pedestrian way.
2.
Maximum Area and Height. Sign area shall comply with the requirements established by Section 19.34.030 (Sign Standards by Zoning District). No structural element of an awning or canopy shall be located less than eight feet above finished grade. An awning valance may be located up to seven feet above finished grade.
3.
Lighting. Downward-directed light fixtures may be allowed within or under an awning only if they do not illuminate the awning itself. This limitation does not apply to creative signs.
4.
Required Maintenance. Awning and canopy signs shall be regularly cleaned and kept free of dust and visible defects.
 Figure 3-12 Canopy/Awning Sign |  Figure 3-13 Blade/Bracket Sign |
B.
Blade/Bracket Signs.
1.
Location. Blade or bracket signs shall be placed only on a ground floor façade, near the main entrance of the business, except for businesses located above the ground level with direct exterior pedestrian access.
2.
Maximum Height. The lowest point of a blade or bracket signs shall be at least eight feet above finished grade.
3.
Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the sign.
C.
Changeable Copy Signs.
1.
Limitations on Use and Sign Area. Changeable copy signs may only be allowed:
2.
Signs in Windows or Doors. Changeable copy signs located in windows or doors shall be included in the 25 percent maximum window and door coverage.
D.
Elevated Monument Signs. An elevated monument sign may be allowed when the Community Development Director determines that a wall sign would not be easily seen from the public street and there is sufficient area on the site to accommodate a freestanding sign.
1.
Location. The sign may be located only on a site frontage adjoining a public street.
2.
Maximum Area and Height. The sign shall have a maximum height of three feet and a maximum area of four square feet. The area of the sign shall be counted towards the maximum allowable sign area for the use specified by Tables 3-11 and 3-12.
3.
Sign Mounting. The sign shall be mounted on one or more posts or have a solid monument-type base. Posts shall not have a diameter greater than 12 inches.
 Figure 3-14 Elevated Monument Sign |  Figure 3-15 Monument Sign |
E.
Monument Signs. A monument sign may be allowed when the Community Development Director determines that a wall sign would not be easily seen from the public street and there is sufficient area on the site to accommodate a freestanding sign.
1.
Location. The sign may be located only along a site frontage adjoining a public street.
2.
Maximum Area and Height. The sign shall comply with the height and area requirements established by Section 19.34.030 (Sign Standards by Zoning District).
3.
Design. The design of a monument sign shall be consistent with the overall scale of the building. The design and placement of the sign shall not obstruct traffic safety sight areas.
4.
Landscaping Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 20 square feet of sign area = 40 square feet of landscaped area. The Community Development Director may reduce or waive this requirement if it is determined that the additional landscaping would not contribute significantly to the overall aesthetic character of the project.
F.
Temporary Signs. Temporary signs are allowed only in compliance with the standards in Table 3-13, or as provided in Table 3-12. These signs are exempt from sign permit requirements when in compliance with the provisions of Table 3-13. See also Section 19.34.040(H) regarding temporary window signs.
TABLE 3-13 REQUIREMENTS FOR TEMPORARY SIGNS | |||||
|---|---|---|---|---|---|
[Explanatory Notes Follow at the End of the Table] | |||||
Sign Type | Maximum Number | Maximum Area | Maximum Height | Time Limit | Additional Requirements |
Banners in public right-of-way | Not applicable | Not applicable | Not applicable | Not applicable | Shall be installed by the City or in compliance with an agreement with the City |
Construction signs | 1 per street frontage | 32 sq. ft. per sign. Construction sites for one single project on one or more lots that add up to 25,000 sq. ft. or more may replace all allowable construction signs with one single sign of 160 sq. ft. or less | 6 ft. | Shall be removed following Final Building Inspection | Shall contain only the names of architects, engineers, and contractors working on the site and/or renderings and information on the project |
Future occupant signs (windows and doors only) | 1 per each ground floor, street facing window or glass door | May occupy the entire surface area of each ground-floor, street facing window or glass door | Shall be located below the roof edge of the building | Shall be removed upon first occupancy of the site | Shall contain only the names and/or logos of future occupants of the site and as an optional feature the renderings of approved future improvements, and/or creative images related to the future business. Signs on windows above the ground floor are allowed for second story tenant spaces that may be accessed directly from the exterior on the second story level. The maximum number, maximum area, time limit and additional requirements shall be the same as signs on the ground floor. The maximum height shall be below the sills of second story windows. |
Holiday decoration signs | No maximum | No maximum | No maximum | Shall not be displayed more than 30 days before holiday and removed within 10 days following | Shall contain no advertising material |
Motor vehicle for sale signs | 1 per vehicle | 2 sq. ft. | Not applicable | No limitation | Allowed for vehicles located in approved sales lots only |
New business signs | 1 per street frontage | 1 sq. ft. for each lineal foot of building frontage facing a street | Below edge of roof. | 60 days maximum | Shall be removed upon installation of permanent sign |
Political signs | No maximum | 12 sq. ft. per sign, except billboards | 5 ft. | Shall be removed within 10 days after the election if its message is connected with a candidate or proposition | Shall not project more than 6 in. from any structure or may be freestanding. Allowed on private property only. |
Real estate signs — Residential1,3 | |||||
Existing residential buildings & unimproved property (see below for common interest) | 1 per street frontage 2 riders per sign | 432 sq. in. 76 sq. in. per rider | 42 in. 6 ft. for unimproved property. | Shall be removed at end of listing period or upon sale or lease, whichever occurs first | None |
Open houses On-site signs | 1 sign and 4 flags per open house, on-site only | Not applicable | Not applicable | Shall not be installed before 8:00 a.m. on the day of the open house and shall be removed immediately after the open house | None |
Open houses Off-site signs | 1 per corner; maximum of 4 per intersection | 18" high 24" wide | 42" for sign on a stake 36" for A-frame sign | On Saturday, Sunday, and Tuesday only, from 11:00 a.m. to 7:00 p.m. | To be placed on private property Only text permitted is "open house" with an arrow in direction of the property, address of the property, and name of brokerage house and/or agent Double-faced sign only, 1 flag allowed if attached to the sign, no riders |
New residential buildings | 1 sign No riders | 12 sq. ft. | 6 ft. | Shall be removed within 6 months of Certificate of Occupancy, or occupancy, whichever occurs first | None |
Common interest residential developments | 1 per unit 2 riders per unit | 150 sq. in. per unit 30 sq. in. per rider | 42 in. | Shall be removed at end of listing period or upon sale or lease, whichever occurs first | Signs for individual units may only be mounted on 1 common sign for projects of 50 or more units, with a Sign Permit per table 3-11 |
Real estate signs — Commercial2, 3 | |||||
Improved commercial property (windows and doors only) | 1 per each ground floor street facing window or glass door | May occupy the entire surface area of each ground-floor, street facing window or glass door | Shall be located below the roof edge of the building | Shall be removed at end of listing period or upon sale or lease, whichever occurs first | Shall only include information related to the sale, rental or lease of the property or renderings or images of possible future improvements, and/or creative images related to a potential business. Trademarks or off-site advertising shall be prohibited. Signs above the ground floor are allowed for second story tenant spaces that may be accessed directly from the exterior on the second story level. The maximum number, maximum area, time limit and additional requirements shall be the same as signs on the ground floor. The maximum height shall be below the sills of second story windows. |
Individual commercial tenant spaces (windows and doors only) | 1 per each ground floor street facing window or glass door | May occupy the entire surface area of each ground-floor, street facing window or glass door | Shall be located below the roof edge of the building | Shall be removed at end of listing period or upon sale or lease, whichever occurs first | Shall only include information related to the sale, rental or lease of the property or renderings or images of possible future improvements, and/or creative images related to a potential business. Trademarks or off-site advertising shall be prohibited. Signs above the ground floor are allowed for second story tenant spaces that may be accessed directly from the exterior on the second story level. The maximum number, maximum area, time limit and additional requirements shall be the same as signs on the ground floor. The maximum height shall be below the sills of second story windows. |
Unimproved commercial property | 1 per arterial street frontage 2 riders per sign | 16 sq. ft. 576 sq. in. max. for all riders | 6 ft. | Shall be removed at end of listing period or upon sale or lease, whichever occurs first | None |
Notes: | ||
(1) | Residential real estate signs: no window signs are allowed. Signs may be placed in front or side setback area only. | |
(2) | Commercial real estate signs shall comply with the following requirements: | |
(a) | The signs are allowed on private property only subject to the owner's permission. Real estate signs shall not be placed in a public right-of-way or at an off-site location. | |
(b) | The signs shall be non-illuminated. | |
(c) | The signs shall be constructed of durable, rigid material suitable to their location and purpose. Only interior window signs may be made of nonrigid material. | |
(3) | Other signs are allowed if expressly permitted by state law notwithstanding local regulations. | |
G.
Time or Temperature Signs. A time or temperature sign may be allowed on a site in addition to the other signs allowed by this chapter. (See Section 19.34.110 regarding exempt signs.)
1.
Maximum Area and Height. The sign shall have a maximum area of 10 square feet, and shall comply with the height requirements established by Section 19.34.030 (Sign Standards by Zoning District).
2.
Design. The sign shall be designed in a manner that is compatible with other signs on the site and with the structure on which it is placed.
H.
Wall Signs. Where allowed by Tables 3-11 and 3-12, a wall sign shall comply with the following additional requirements.
1.
Location. The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail.
2.
Maximum Area and Height. The sign shall not project above the edge of the roof of a structure, and shall comply with the height requirements established by Section 19.34.030. (Sign Standards by Zoning District).
3.
Projection From Wall. The sign shall not project from the surface upon which it is attached more than required for construction purposes and in no case more than 12 inches. See also Section 19.34.040(C)(4) for three-dimensional elements on wall signs.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 29, 2003; Ord. 04-683, 2004; Ord. 09-832 § 5, 2009; Ord. 17-1015 § 2, 2017; Ord. 19-1058 §§ 103, 104, 2019; Ord. 24-16, 6/24/2024)
§ 19.34.060 Creative Signs.
A.
Purpose. This section establishes standards and procedures for the design, review, and approval of creative signs. The purposes of this creative sign program are to:
1.
Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
2.
Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B.
Applicability. An applicant may request approval of a sign permit for a creative sign to authorize on-site signs that employ standards that differ from the other provisions of this chapter but comply with the provisions of this section.
C.
Application Requirements. A sign permit application for a creative sign shall include all information and materials required by the Planning and Development Services Department, and the filing fee set by the city's Fee Resolution.
D.
Procedure. A sign permit application for a creative sign shall be subject to review and approval by the Community Development Director when the proposed sign is 50 square feet or less, and by the Planning Commission when the sign is larger than 50 square feet. Notification for a sign permit for a creative sign shall be given in the same manner specified by this Zoning Ordinance for Community Development Director-approved development permits in Chapter 19.48.
E.
Design Criteria. In approving an application for a creative sign, the review authority shall ensure that a proposed sign meets the following design criteria:
1.
Design Quality. The sign shall:
a.
Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
b.
Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
c.
Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
2.
Contextual Criteria. The sign shall contain at least one of the following elements:
4.
Neighborhood Impacts. The sign shall be located and designed not to cause light and glare impacts on neighboring residential uses.
§ 19.34.070 Comprehensive Sign Program.
A.
Purpose. A comprehensive sign program is intended to:
1.
Integrate the design of the signs proposed for a development project with the design of the structures, into a unified architectural statement; and
2.
Provide a means for defining common sign regulations for multi-tenant projects, to encourage maximum incentive and latitude in the design and display of multiple signs, and to achieve, not circumvent, the intent of this chapter.
B.
Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist, or whenever an applicant requests the approval of a comprehensive sign program:
1.
Two or more separate tenant spaces are to be created on the same parcel;
2.
A new project is proposed with five or more non-exempt signs;
3.
Two or more new signs are proposed during any 12-month period, at an existing business with five or more non-exempt signs; and
4.
The Community Development Director determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes).
C.
Approval Authority. The Community Development Director may approve a comprehensive sign program through the granting of a sign permit for a comprehensive sign program.
D.
Application Requirements. A sign permit application for a comprehensive sign program shall include all information and materials required by the Community Development Department, and the filing fee set by the city's Fee Resolution.
E.
Standards. A comprehensive sign program shall comply with the following standards:
1.
The program shall comply with the purpose of this chapter, the Sign Design Guidelines, and the overall intent of this section;
2.
The signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures or developments they identify, and to surrounding development;
3.
The program shall accommodate future revisions that may be required because of changes in use or tenants; and
4.
The program shall comply with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter.
F.
Revisions to Comprehensive Sign Programs. Revisions to a comprehensive sign program may be approved by the Community Development Director with a standard sign permit if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new comprehensive sign program.
§ 19.34.080 Off-Site Signs.
A.
Purpose. This section provides standards for off-site signs, including district identification signs and large screen video signs not on Sunset Boulevard. All off-site signs on Sunset Boulevard are governed by the Sunset Specific Plan.
C.
Permit Requirement. A sign permit issued in compliance with Section 19.34.100 (Sign Permits) shall be required for any off-site signs allowed under the provisions of this section, except where a different permit requirement is established by this section.
D.
Approval Authority. The Planning Commission shall have the authority to approve district identification signs and large-screen video signs. The Community Development Director may approve all other off-site signs and to the extent permitted under this Code.
E.
District Identification Signs. A district identification sign is an off-site sign for the identification of a specific district or center identified in the General Plan or a business improvement or redevelopment area approved by the Council.
1.
Procedure. Hearing notice shall be sent to all businesses within a district or redevelopment area, or to owners of property within 500 feet of the site, whichever is less.
3.
Maintenance Agreement Required. The owner of the sign shall enter into an agreement with the city for funding the ongoing cleaning, maintenance, and repair of the sign subject to the approval of the Director of Public Works.
F.
Large Screen Video Signs.
1.
Criteria for Eligibility. Large screen video signs shall be allowed only in conjunction with new construction of 5,000 square feet or more. Large screen video signs may be approved when the signs are located in the CR zone and meet all of the following criteria:
a.
The site where the sign is located is designated gateway node under the General Plan.
b.
The site where the sign is located is designated a light way or glow way under the Santa Monica Boulevard Master Plan.
c.
The large screen video sign is a component of a special lighting concept contributing the project's gateway status as a glow way or light way as required by the Santa Monica Boulevard Master Plan.
2.
Procedure. Public notice shall be provided as required by Chapter 19.48 for a development permit.
3.
Standards. Proposed video signs shall comply with the following standards:
a.
The sign shall be at least 100 square feet in screen area.
b.
If the sign is located in the CR zone, the sign shall be at least 200 feet away from any residentially zoned property and 1,000 feet away from any other large screen video in West Hollywood.
c.
If the sign is located in the CR zone, the sign shall be no larger than 500 square feet in size.
d.
Off-site advertising shall be limited to the large-screen video portion of the sign.
4.
Time Limits and Extensions. Large screen video signs shall be installed within two years from the date of approval. The Community Development Director may, upon request before the expiration date, extend the permit one time for an additional six months in compliance with Chapter 19.62 (Permit Implementation, Time Limits, and Extensions).
(Ord. 01-594 § 2, 2001; Ord. 01-604 §§ 5, 6, 2001; Ord. 03-672 § 5, 2003; Ord. 04-684 § 5 (Att. A), 2004; Ord. 14-940 § 22, 2014; Ord. 16-976 §§ 1 – 4, 2016; Ord. 19-1058 §§ 109 – 119, 2019; Ord. 19-1063 § 6, 2019; Ord. 24-16, 6/24/2024)
§ 19.34.090 Prohibited and Restricted Signs.
A.
Prohibited Signs. The following signs are inconsistent with the purposes and standards of this chapter and are prohibited in all zoning districts:
1.
Cabinet (can) signs;
2.
Notices, placards, bills, posters, cards, stickers, banners, signs, advertising, or other devices designed to attract the attention of the public that are posted or otherwise affixed upon any street, street furniture, right-of-way, public sidewalk, crosswalk, curb, lamppost, hydrant, tree, alley, telephone pole, public telephone, or lighting system, or other public alarm or communication system, or on private property, except as allowed by this chapter;
3.
Obscene or offensive signs containing statements, words, or pictures of an obscene or indecent character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value;
4.
Off-site signs not specifically allowed by the provisions of Section 19.34.080 (Off-Site Signs) or the Sunset Specific Plan;
5.
Painted signs on fences or roofs, except street addresses;
6.
Portable signs, except for valet signs (see Section 19.34.110(C)(7)) and menu signs within approved outdoor dining areas (see Section 19.34.110(C)(2));
7.
Signs advertising home occupations;
8.
Signs erected in a manner that a portion of their surface or supports will interfere with the free use of a fire escape, exit or standpipe, or obstruct a required ventilator, door, stairway, or window above the first story, or create other hazards;
9.
Signs not in compliance with the provisions of this chapter;
10.
Signs using words, colors, symbols, or characters in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic and safety; and
11.
Vehicle signs attached to or painted on motor vehicles that are parked on or adjacent to property for more than 24 consecutive hours, the principal purpose of which is to attract attention to a product sold or business located on the property;
12.
Inflated signs, balloons, and figures; and
13.
Mobile billboards.
B.
Restricted Signs. The following signs are generally inconsistent with the purposes and standards of this chapter but may be allowed under certain circumstances or through sign approval programs that offer incentives to encourage well designed, creative signs (e.g., comprehensive sign program, creative sign, creative billboard, etc).
1.
Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs or signs that incorporate these elements are prohibited unless approved as a creative sign;
2.
Awnings that are internally illuminated are prohibited unless approved as a creative sign;
3.
Banners, streamers, and pennants, are prohibited unless allowed for a temporary use by Section 19.34.050(F) (Temporary Signs). See also Section 19.34.030, Table 3-12.
4.
Changeable copy signs over three square feet, are prohibited unless approved through a comprehensive sign program (Section 19.34.120) and in compliance with Section 19.34.050(C) (Changeable Copy Signs);
6.
Murals are prohibited except for tall wall signs in compliance with Section 19.34.080(I), or those approved by the Fine Arts Commission;
7.
Roof signs extending above the edge of the roof of a structure are prohibited unless approved as a creative sign;
8.
Signs emitting audible sounds, odors, or visible matter are prohibited unless approved as a creative sign or creative billboard; and
9.
Pole signs are prohibited unless approved as creative signs.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 30, 2003; Ord. 07-773 § 7, 2007; Ord. 19-1063 § 7, 2019)
§ 19.34.100 Sign Permits.
A.
Application Processing and Fee. A sign perm it application shall include the information and materials required by the Community Development Department, and the filing fee set by the city's Fee Resolution.
B.
Review Authority. The Planning Commission shall have the authority to approve district identification signs, creative signs as specified by Section 19.34.060 (Creative Signs), and large screen video signs. The Community Development Director may approve all other types of signs. Appeals of decisions of the Planning Commission or Community Development Director shall be processed in compliance with Chapter 19.76 (Appeals).
C.
Criteria for Approval. The Community Development Director or Planning Commission may approve a sign permit if the proposed sign:
1.
Meets the requirements of this chapter;
2.
Is in compliance with the Sign Design Guidelines;
3.
Would not interfere with pedestrian or vehicular safety;
4.
Would not detract from the character of a historic or architecturally significant structure;
5.
Would not be located so as to have a negative impact on adjacent property;
6.
Would not detract from the pedestrian quality of street or area; and
7.
Would not add to an over-proliferation of signs on a particular property.
D.
Modification of Standards. Modifications to the requirements of this chapter may be requested in compliance with Chapter 19.60 (Variances and Modifications).
E.
Revocation or Modification of Sign Permits. The Community Development Director may revoke or modify a sign permit, in compliance with Section 19.80.060 (Revocations and Modifications) if it is found that the signs has been erected, altered, reconstructed, or is being maintained in a manner that is inconsistent with the approved permit.
§ 19.34.110 Exemptions from Sign Permit Requirements.
Sign permits shall not be required for the signs listed in this section. These exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site.
A.
Flags. The flag of the United States of America and other nations, states, counties, or municipalities, and flags of incorporated nonprofit organizations or service clubs provided that the pole height shall not exceed 25 feet in height above finished grade within five feet of the pole if located on the ground or 10 feet if located on a roof. The length of the flag shall not exceed one-quarter of the height of the pole. No more than three flags per parcel shall be allowed. More or larger flags may be allowed subject to approval by the Community Development Director.
B.
Permanent Signs Without Size Limitations. The following permanent signs are exempt from sign permit requirements and their size is not limited by this chapter.
1.
Official Signs. Official and legal notices required by a court or governmental agency;
2.
City Signs. Any sign erected by the city;
3.
Federal and State Signs. A sign erected by a federal or state agency to the extent that the city is precluded from regulation by the doctrine of preemption.
4.
Historic Signs. A sign on a historic structure or the adjacent right-of-way in compliance with a city program.
5.
Signs in the Public Right-of-Way. Off-site signs that are part of and accessory to bus shelters, transit shelters, pay phones, trash receptacles, and other similar street furniture located in the public right-of-way and installed by the city or in compliance with an agreement with the city. This includes banners attached to streetlights and other similar structures.
C.
Permanent Signs With Size and Number Limitations. The following permanent signs are exempt from sign permit requirements when in compliance with the requirements of this subsection.
1.
Affiliation Signs. Signs that provide notices of services (e.g., trade affiliations, credit cards accepted) provided the signs are attached to the structure. Signs or notices shall not exceed one-half square foot in area for each sign, and no more than three signs are allowed for each business;
2.
Changeable Copy Signs. Signs with readily changeable copy or text (e.g., chalkboard) limited to one sign per business not to exceed three square feet in area. For larger changeable copy signs, see Section 19.34.050(C).
3.
Gasoline Pump Signs. Signs identifying the brand, types, and octane rating provided the signs do not exceed two square feet for each pump face. Also includes equivalent signs for alternative fuel/electric vehicle recharging stations.
4.
Name Plaques. Commemorative plaques, tables, dates of construction, and the like when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material. Signs shall not exceed three square feet in area. (See subsection (B)(2), above, for signs on historic structures.)
5.
Neighborhood Watch Signs. Signs located in residential neighborhoods that are designated official neighborhood watch areas and limited to three square feet in area.
6.
Off-site Directional Signs. Signs located off-site and providing directions to publicly owned facilities or emergency facilities and limited to 12 square feet in area.
7.
Portable Parking Lot and Valet Parking Signs. One freestanding portable sign at each parking lot entrance limited to 10 square feet in area. Signs shall not cause hazard to pedestrian movement.
8.
Residential Security Signs. One sign per street frontage limited to a maximum of two square feet per sign.
9.
Site Address. A maximum of two site address signs are allowed for each street address, in compliance with Section 19.20.200.
10.
Time or Temperature Signs. Time or temperature signs are exempt from sign permit requirements when provided in compliance with Section 19.34.050(H).
11.
Vehicle-Oriented Safety and Directional Signs. Signs solely for the purposes of guiding traffic, parking, and loading on private property are exempt from sign permit requirements. One safety or directional sign on each site may include the name of the business within a maximum area of two square feet. No other advertising copy or logos shall be allowed. Maximum sign height shall be four feet.
12.
Kiosk Signage. Each kiosk may provide a maximum of two signs of up to three square feet each.
13.
Vehicle Towing Signs. Signs identifying vehicle towing information in compliance with the California Vehicle Code, Section 22658. Signs shall be limited to three square feet in size each, and one sign per entrance to the property in plain view of the entrance. No other advertising copy or logos shall be allowed. Maximum sign height shall be four feet.
D.
Temporary Signs Limited by Size and Period of Display. The temporary signs listed in Section 19.34.050(F) (Temporary Signs) are exempt from sign permit requirements in compliance with Section 19.34.050(G). See Section 19.34.030 for permit requirements for temporary sales and promotional signs.
(Ord. 01-594 § 2, 2001; Ord. 04-677 § 4, 2004; Ord. 05-720 § 6, 2005; Ord. 06-734 § 7, 2006; Ord. 14-940 § 23, 2014; Ord. 18-1027 § 7, 2018; Ord. 19-1058 § 121, 2019; Ord. 24-16, 6/24/2024)
§ 19.34.120 Abandoned Signs.
A sign, other than a designated historic sign, that advertises or otherwise identifies a business or activity that is no longer conducted on premises shall be removed by the owner or lessee of the premises within 90 days of the close of business, or the cessation of the identified activity. This section does not require the removal of a designated historic sign.
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 24, 2014)
§ 19.34.130 Illegal Signs.
A.
Penalties. Illegal signs shall be subject to the administrative remedies of Municipal Code Chapter 1.08.
B.
Removal of Illegal Signs in the Public Right-of-Way. The Community Development Director may cause the removal of any sign within the public right-of-way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this chapter.
C.
Storage of Removed Signs. Signs removed in compliance with this section shall be stored by the city for 30 days, during which they may be recovered by the owner only upon payment to the city for costs of removal and storage. If not recovered within the 30-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the city. The costs of removal and storage (up to 30 days) may be billed to the owner. If not paid, the applicable costs may be imposed as a tax lien against the property.
§ 19.36.010 Purpose.
This chapter provides minimum standards for site planning, development, and the operation of specific land uses and activities.
(Ord. 01-594 § 2, 2001)
§ 19.36.020 Applicability.
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 comply 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; Ord. 25-18, 8/18/2025)
§ 19.36.030 Accessory Business Uses and Incidental Business Activities.
This section establishes standards for the development and operation of accessory business uses and incidental business activities in connection with a primary commercial use. The intent is to encourage a diverse and creative mix of uses that complement the primary use without altering its essential character or function.
A.
Accessory Business Uses. Accessory Business Uses shall only apply to commercial zones and be subordinate to and complementary to the primary use without altering its character or dominance.
1.
Permit Required. Allowed accessory business uses shall obtain the required land use permits in compliance with Section 19.10.030 (Commercial and Public District Land Uses and Permit Requirements) and comply with Chapter 19.36 (Standards for Specific Land Uses). The Community Development Director or appropriate review authority may require additional conditions to ensure compliance with this section.
2.
Floor Area Limitation. The combined floor area of all accessory business use(s) shall not exceed 50 percent of the total gross floor area of the primary use. Accessory business uses exceeding this threshold shall be classified and reviewed as a primary use. The Community Development Director or appropriate review authority may approve a deviation allowing the combined floor area of all accessory business use(s) to reach up to 60 percent of the primary use's gross floor area, provided that the Director or review authority makes written findings that the accessory business use(s) remains clearly subordinate to the primary use and complies with all other standards.
3.
Allowed Uses. The following accessory business uses are permitted in commercial zoning districts, subject to compliance with all applicable standards:
a.
Restaurants and retail sales accessory to offices, hotels, hospitals, and other medical facilities, intended to serve employees, guests, or patients. Pharmacies are allowed within hospitals and other medical facilities.
b.
Light assembly or manufacturing for the creation or manufacture of small-scale clothing, art, or craft products (e.g., apparel, jewelry, sculpture), accessory to on-site retail sales. All processes shall comply with state and federal regulations for the use, storage, and disposal of toxic or hazardous materials.
4.
Criteria for Approval. An accessory business use shall be approved unless the review authority determines, based on substantial evidence, that the proposed use would meet any one or more of the following criteria:
a.
Will endanger, jeopardize, or otherwise constitute a menace to the public health, safety, or welfare;
b.
Will generate excessive noise, traffic, or other adverse impacts on adjacent residential or commercial uses; or
c.
Does not comply with all other applicable provisions of this Zoning Ordinance and the West Hollywood Municipal Code.
B.
Incidental Business Activities.
1.
Permit Required. Incidental business activities shall require an administrative permit (Chapter 19.44) unless a higher-level permit is required for the activity.
2.
Allowed Incidental Business Activities. The following incidental business activities may be permitted as incidental to a legally established or proposed commercial primary use, subject to compliance with subsection B.4, below:
a.
Book or poetry readings in a cafe, restaurant, or bar;
b.
Fashion show in a cafe, restaurant, or bar;
c.
Karaoke in a cafe, restaurant, bar, or nightclub;
d.
Parlor games or party games in a cafe, restaurant, or bar;
e.
Live, ambient music in a retail store, gallery, restaurant, or cafe;
f.
Featured food, beverage or wine tasting within a retail space, cafe, or restaurant;
g.
Workshops for crafts, painting cooking, or other artisan activities within cafes, restaurants, or retail spaces;
h.
Community indoor markets featuring local farmers, artisans, and small businesses within retail spaces;
i.
Co-working in designated remote working areas including workstations, meeting rooms, and Wi-Fi access within cafes or restaurants;
j.
Live podcast recording sessions hosted within cafes, restaurants, or bars, allowing audience participation where customers can interact with hosts and guests;
k.
Film screenings and discussions within small theater-style areas inside cafes, restaurants, or retail spaces; and
l.
Other activities may be allowed if determined by the Director to be of similar character, scale, and impact and not detrimental to surrounding properties and the neighborhood.
3.
4.
Development Standards. Incidental business activities shall comply with the following standards to ensure they remain subordinate to the primary use:
a.
Location. Incidental business activities shall occur only within the interior area of the primary business space, alongside regular business operations, and shall not displace the primary business use at any time.
b.
Frequency. The review authority shall specify the permitted frequency, days of the week, and hours of incidental business activities in the permit. As a guideline, most activities shall be permitted as on-going, unless the review authority determines that the activity will have potential impacts on surrounding residential or commercial uses.
c.
Outside Promoters. Incidental business activities shall be organized and operated by the primary business and shall not be sponsored or managed by an outside promoter. Activities benefiting non-profit organizations engaged in civic or charitable efforts may be permitted, provided the primary business retains operational control.
d.
Admission Charges. No admission fees, cover charges, or other payments shall be required for entry or participation in incidental business activities, except for fees to cover costs, as approved by the review authority.
f.
Traffic and Parking. Incidental business activities may generate a limited amount of additional traffic provided the increase does not require additional off-street parking on a regular basis or create significant congestion, as determined by the review authority.
g.
Adverse Impacts on Adjacent Areas. Incidental business activities shall not cause any additional adverse impacts (e.g., light, glare, odors, or visual clutter) on neighboring residential or commercial properties, as determined by the review authority.
C.
Ancillary Cannabis Uses. All ancillary cannabis uses and incidental activities shall comply with Chapter 5.70 (Cannabis Uses) and any applicable state laws and regulations.
D.
Business Licenses. All accessory business uses and incidental business activities shall obtain and maintain valid business licenses in accordance with Title 5 Business Licenses, Regulations and Permits prior to operation.
E.
Other Discretionary Approval Requirements. Accessory business uses and incidental business activities shall adhere to all applicable discretionary approvals required by the West Hollywood Municipal Code or state law.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 123 – 125, 2019; Ord. 24-16, 6/24/2024; Ord. 25-18, 8/18/2025)
§ 19.36.040 Adult and Child Day Care Facilities.
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.
§ 19.36.050 Adult Businesses.
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.
§ 19.36.060 Alcoholic Beverage Sales.
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)
§ 19.36.080 Automated Teller Machines (ATMs), Exterior.
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.
§ 19.36.085 Banks and Financial Services within the Sunset Specific Plan Area (SSPA).
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)
§ 19.36.090 Bed and Breakfast Inns (B&Bs) and Urban Inns (UIs).
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)
§ 19.36.091 Cannabis Uses – Adult-Use Retail.
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)
§ 19.36.092 Cannabis Uses – Consumption Areas with On-Site Adult-Use Retail.
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)
§ 19.36.093 Cannabis Uses – Medical-Use Dispensary.
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)
§ 19.36.100 Common Interest Developments and Airspace Subdivisions.
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)
§ 19.36.110 Congregate Care and Senior Residential Projects.
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.
§ 19.36.120 Drive-In and Drive-Through Facilities.
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)
§ 19.36.125 Emergency Shelters.
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.
§ 19.36.134 Firearm Sales.
No establishment that offers firearms for sale shall be located within 1,000 feet of:
A.
Another establishment that offers firearm sales, either within or outside the City; or
B.
An establishment that offers alcoholic beverage sales, either within or outside the City.
(Ord. 01-594 § 2, 2001; Ord. 25-11, 6/9/2025)
§ 19.36.140 Home Businesses.
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)
§ 19.36.150 Hotels and Motels.
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)
§ 19.36.155 Kiosks.
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.
§ 19.36.160 Live/Work Facilities.
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)
§ 19.36.170 Mixed-Use Projects.
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)
§ 19.36.180 Movie Studios.
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)
§ 19.36.185 Newsstands and Flower Stands.
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.
§ 19.36.190 Neighborhood Serving Commercial Uses.
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)
§ 19.36.200 Nightclubs and Related Uses.
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)
§ 19.36.210 Outdoor Dining.
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)
§ 19.36.230 Outdoor Storage.
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.
§ 19.36.235 Outdoor Commercial Uses Above the Ground Floor.
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)
§ 19.36.240 Pawnshops.
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)
§ 19.36.250 (Repealed) [1]
§ 19.36.260 Recycling Facilities.
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.
§ 19.36.265 Residential Uses – Courtyard Housing.
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)
§ 19.36.270 Residential Uses – Legalization of Illegal Units.
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.
§ 19.36.275 Residential Uses – One Year Lease Minimum.
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)
§ 19.36.280 Residential Uses – Multi-Family Dwellings.
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 and shared housing units, which shall provide 70 square feet per dwelling unit pursuant to Section 19.36.327 (Residential Uses — Studio and Micro-Units) and Section 19.36.328 (Residential Uses — Shared Housing Buildings). 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 and shared housing 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.
§ 19.36.290 Residential Uses – Rental Unit Conversions.
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)
§ 19.36.300 Residential Uses – Residential Accessory Uses and Structures.
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:
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)
§ 19.36.310 Residential Uses – Accessory, and Junior Accessory, Dwelling Units.
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.
C. "Accessory dwelling unit" or "ADU" "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:
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; and
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% 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.
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.
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 Section 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).
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.
JADU Deed Restriction. Prior to issuance of a certificate of occupancy for a 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.
The JADU may not be sold separately from the primary dwelling.
b.
The 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.
The deed restriction may be removed if the owner eliminates the 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 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 JADU has been eliminated. Appeal may be taken from the Community Development Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e.
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 JADU in violation of the recorded restrictions or abatement of the illegal unit.
10.
Voluntary Affordable ADUs Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU that will be rented to a very low-, low-, or moderate-income household as part of a voluntary city ADU incentive program, 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:
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% 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.
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; Ord. 25-24, 10/20/2025)
§ 19.36.311 Residential Uses – Garages and Carports, and Parking.
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.
§ 19.36.320 Residential Uses – Single-Family Dwellings and Duplexes.
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)
§ 19.36.325 Residential Uses – Two-Unit Projects in the R1A and R1C Districts.
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.
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:
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)
§ 19.36.327 Residential Uses – Studio and Micro-Units.
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:
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)
§ 19.36.328 Residential Uses – Shared Housing Buildings.
This section provides development, operational, and security standards for shared housing buildings, as defined in Section 19.90.02, addressing the size and design requirements for kitchens, dining areas, bathrooms, living areas, storage spaces, and other required building features.
A.
Development Standards for Shared Housing Buildings.
1.
Compliance with Existing Multi-family Standards. In addition to the requirements of this Section, shared housing buildings shall comply with the standards in Section 19.36.280(A), (B), and (C) (Residential Uses - Multi-family Dwellings, Open Space, Facility and Design Requirements, and Courtyard Housing).
2.
Maintenance. Building owners and operators shall maintain all shared common open spaces and facilities, such as living rooms, kitchens, and recreational areas.
3.
Mail Services. Each shared housing unit under an individual lease agreement shall have a separate designated mailbox.
B.
Development Standards for Shared Housing Units and Associated Common Areas.
1.
Access. Shared housing units shall be accessible directly from the common kitchen, dining, or living areas with no separate external entryway.
2.
Accessibility Compliance. Shared housing units shall comply with California Building Code Chapter 11A or 11B, as applicable.
3.
Private Bathrooms. Each shared housing unit shall have a dedicated, private, full bathroom within the unit.
4.
Minimum Shared Living Areas. A common shared living area shall be provided at a minimum of 100 square feet per shared housing unit, excluding utility storage closets, in-unit laundry facilities, and common hallways.
5.
Minimum Dining Area. A minimum of 30 square feet of common dining space shall be provided per shared housing unit.
6.
Minimum Kitchen Standards. A common area kitchen shall be provided that includes:
a.
Counter Space. Food preparation counter space with a minimum area of eight square feet per shared housing unit.
b.
Refrigerator. One full-sized refrigerator with a freezer (minimum 36 inches wide) for every four shared housing units, or fraction thereof, shall be provided in the common kitchen area. A refrigerator of a minimum of five cubic feet shall be provided within each shared housing unit.
c.
Cooking Facilities. A minimum of one full-sized oven (36 inches wide) and a four-burner cooktop shall be provided for every four shared housing units or fraction thereof.
d.
Storage. Pantry and dry good storage cabinets with a minimum area of 10 cubic feet per shared housing unit shall be provided.
7.
Occupancy. Each shared housing unit shall be leased separately, with each unit designed to accommodate two persons per private bathroom, not including minors.
8.
Open Space. Shared housing units shall comply with open space requirements as per WHMC Section 19.36.280 (Residential Uses - Multi-Family Dwellings), except that the private open space for shared housing units shall be provided at a ratio of 70 square feet per unit. "Shared housing unit" shall be considered a "dwelling unit" for this section.
9.
Storage Space.
a.
Closet Space. Each shared housing unit shall have a minimum of 60 cubic feet provided within the unit for closet storage.
b.
Utility Storage. Each shared housing unit shall have at least 20 cubic feet of utility storage closet space per every five shared housing units, or fraction thereof.
c.
Cleaning Supplies. Each shared housing unit shall have access to a cleaning supply storeroom and/or janitorial closet outside of the unit with at least one utility sink with hot and cold running water for each floor of the shared housing building.
10.
Laundry. Laundry facilities shall be provided within each shared housing unit or in a separate laundry room outside of the unit at a ratio of one washer and one dryer for every 12 units, or fraction thereof.
(Ord. 25-19, 8/18/2025)
§ 19.36.330 Service Stations, Internal Combustion Engine Vehicle (ICEV).
A.
Purpose and Intent. This section establishes minimum standards for the location, construction, and operation of internal combustion engine vehicle ( ICEV) 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 ICEV 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; Ord. 25-12, 7/7/2025)
§ 19.36.331 Vacation Rentals.
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)
§ 19.36.335 Single Room Occupancy.
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.
§ 19.36.340 Smoking Areas.
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)
§ 19.36.345 Supper Clubs.
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.
§ 19.36.350 Telecommunications Facilities.
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)
§ 19.36.354 Tobacco Product Shops.
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)
§ 19.36.370 Vehicle Repair Shops.
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.
§ 19.36.380 Vehicle Sales and Rentals.
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.
§ 19.36.390 Zero Emission Vehicle (ZEV) Showroom.
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)
§ 19.36.392 Electric Vehicle Charging Site.
A.
General Requirements. All electric vehicle charging sites shall meet the applicable safety and performance standards, including, but not limited to, the California Building Code, California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.
(Ord. 25-12, 7/7/2025)
§ 19.36.394 Service Stations, Electric Vehicle (EV).
A.
Purpose and Intent. This section establishes minimum standards for the location, construction, and operation of electric vehicle (EV) service stations.
B.
Permitting. Electric vehicle service stations shall require approval of a conditional use permit in accordance with Chapter 19.52 (Conditional Use and Minor Conditional Use Permits).
1.
In addition to Chapter 19.52's requirements, no conditional use permit for an EV service station shall be approved if it would result in the remaining sites identified in the City's Housing Element sites inventory not being adequate to accommodate the City's remaining Regional Housing Needs Allocation (RHNA) by income level for the then-current planning period.
C.
Design Standards.
1.
Limitation on Number. A maximum of two service stations shall be allowed at a street intersection.
2.
Frontage Width. At least one street frontage of the site shall have a minimum width of 150 feet.
3.
Setbacks. Structures adjacent to a residential zoning district shall be set back a minimum of 10 feet from the side and rear property lines abutting the residential district.
4.
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.
5.
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.
Traffic Impacts. The facility shall include measures to mitigate vehicular traffic and queueing 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.
D.
Incidental Service. Incidental uses, products, and services allowed at EV service stations include:
1.
Grocery or convenience stores of less than 3,500 square feet.
2.
Lounges (designated areas with seating and amenities for patrons to use while charging their vehicles).
3.
Restaurants of less than 3,000 square feet.
4.
Vending machine sales, provided that no more than three machines shall be allowed, and the machines shall be placed within 36 inches of the main structure, in a location shown on the approved site plan.
5.
Other uses which are comparable in terms of scale and scope and which are provided for in the respective zoning district may be permitted, subject to approval by the Planning Director.
E.
Prohibited Activities. Uses, products, and services prohibited at EV service stations include:
1.
Auto body and fender work, dismantling, glass work, painting, and upholstery work;
2.
Tire recapping, machine work, and welding;
3.
Car washes;
4.
The sale of batteries, tires, and vehicle accessories;
5.
The performance of vehicle maintenance and repairs;
6.
Vehicle rental services;
7.
Storage or repair of wrecked or abandoned vehicles;
8.
Rental of vehicle storage or parking spaces.
F.
Landscaping. The service station site shall be landscaped in compliance with Chapter 19.26 (Landscaping Standards), and Section 19.28.100(B) (Parking Area Landscaping Requirements).
G.
Public Service Facilities.
1.
All service stations shall provide, at no charge during normal business hours, and continuously maintain, in usable and good working order, the following:
2.
Use of these public service facilities shall not be made contingent on ownership of a particular vehicle model, use of a particular charging provider, or otherwise restrict the usage of the public service facilities by the general public, except for reasonable measures necessary to ensure safety, cleanliness, or facility security.
3.
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.
(Ord. 25-12, 7/7/2025)
§ 19.38.010 Purpose.
This chapter establishes procedures and minimum standards for provision of art as part of new development projects. The Council finds that the environment, image, and character of the city would be improved by art and that the impacts associated with new development projects would be mitigated, in part, by provision of urban art in compliance with this chapter.
(Ord. 01-594 § 2, 2001)
§ 19.38.020 Applicability.
A.
The provisions of this section apply to new development with a value of $200,000 or more; and the alteration or repair of a structure that increases total gross floor area or otherwise intensifies the use, if the alteration, intensification, or repair has a value of $200,000 or more; where the value is as determined by the Building Official.
B.
Before issuance of a building permit, the applicant shall either comply with Section 19.38.030(A) (Approval of Urban Art Plan), or pay an in-lieu fee in compliance with Section 19.38.040 (In-Lieu Fee Alternative).
(Ord. 01-594 § 2, 2001)
§ 19.38.030 Art Plan and Installation Requirements.
Each project that is subject to the provisions of this chapter shall comply with the following requirements.
A.
Approval of Urban Art Plan and Value of Art. The applicant shall file with and receive approval from the Arts and Cultural Affairs Commission for an Urban Art Plan for the project site and structures. The plan shall provide for the installation of public art with a value of at least one percent of the valuation of the project as determined by the Building Official.
B.
Installation of Art. The urban art approved with the Urban Art Plan shall be installed in compliance with the Urban Art Plan before issuance of a Certificate of Occupancy or Final Inspection.
C.
Large-Screen Video Signs. Art shall be provided in conjunction with a permit for a large-screen video sign in compliance with Section 19.34.080(H).
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 28, 2014; Ord. 19-1058 § 169, 2019)
§ 19.38.040 In-Lieu Fee Alternative.
As an alternative to the art plan and installation requirements of Section 19.38.030, the applicant may choose to make a contribution to the West Hollywood Public Art and Beautification Fund in an amount equivalent to one percent of the value of the project as determined by the Building Official. If the valuation of the project changes during construction, the fee shall be adjusted accordingly. The balance of the fee, if any, shall be paid before issuance of a Certificate of Final Occupancy or Final Inspection.
(Ord. 01-594 § 2, 2001)
§ 19.38.050 Exemptions.
The following development activities shall be exempt from the requirements of this chapter:
A.
Financed with Public Funds. Alteration, construction, or repair of structures to perform rehabilitation of private property if that rehabilitation is primarily financed with public funds;
B.
Residential Structures. Alteration, construction, or repair of residential structures of one or two units;
C.
Financed with Development Exactions. Alteration, construction, or repair financed by funds collected in compliance with the development exactions;
D.
Cultural Resources. Cultural resources that are residential buildings; and
E.
Nonprofit Service Providers. Projects that are intended, primarily, to provide facilities for nonprofit public service providers.
(Ord. 01-594 § 2, 2001; Ord. 21-1160 § 5, 2021)
§ 19.38.060 Procedures, Guidelines, and Requirements.
The Council shall establish by resolution, the procedure for city review of a final arts plan. The Council shall also establish, by resolution, the requirements and guidelines for art required by Sections 19.38.020 (Applicability) and 19.38.030 (Art Plan and Installation Requirements), above, and alternative voluntary contributions to the West Hollywood Public Art and Beautification Fund.
(Ord. 01-594 § 2, 2001)
§ 19.38.070 Appeals.
An action of the Arts and Cultural Affairs Commission may be appealed to the Council and shall otherwise comply with the provisions governing an appeal of a decision of the Arts and Cultural Affairs Commission, in compliance with Chapter 19.76 (Appeals). The fee for an appeal shall be as established by the city's Fee Resolution.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 170, 2019)
§ 19.38.080 Maintenance Requirements for Art Installations.
B.
Non-Maintenance of Installation. If the art required by this section is altered, removed, is not maintained in good condition, or is not provided as required, the city may initiate administrative remedies in compliance with Section 1.08.010.
C.
Penalty for Non-Maintenance. If administrative remedies do not result in proper maintenance, the city may impose a fine equal to the original arts requirement.
(Ord. 01-594 § 2, 2001)