Legislation Details

File #: 25-1009    Version: 1 Subject:
Type: Presentation Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 8/25/2005 Final action: 8/25/2005
Title: Study Session- Proposed Zoning Code Update.
Attachments: 1. 8.25.05 ZCU Study Session Staff Report.doc, 2. 082205 zoning code attachment1.pdf, 3. 082205 zoning code attachment 2.pdf, 4. 082205 zoning code attachment3.pdf, 5. 082205 zoning code attachment 4.pdf, 6. 082205 zoning code attachment 5.pdf, 7. 082205 zoning code attachment 6.pdf, 8. 082205 zoning code attachment 7.pdf
City of Culver City, California City Council Agenda Item Report|1010|RECOMMENDATION: That the City Council review and discuss the Draft Zoning Code Update, providing direction to staff on issues identified in this report and any other issues identified by the Council. BACKGROUND: The comprehensive update of the Zoning Code is being carried out pursuant to implementation measures of the General Plan in order to establish land use and development standards consistent with the policies and objectives of the General Plan. The Zoning Code Update Program is one of the highest priority and most critical components of the Planning Division’s work program. The General Plan is the centerpiece of the City’s planning program and carries the vision for the future development of the City. The General Plan provides broad-brush guidance for how the City will develop and accommodate physical growth and change. The Zoning Code is the primary tool to implement the vision of the General Plan and guide the day-to-day development decisions within the City. The Zoning Code expands on the information in the General Plan maps and text by providing the parcel specific rules and regulations for the location of various land uses. The Zoning Code also provides detailed specifications for the site planning and design of proposed development in the City. The new Zoning Code will replace an inadequate, unorganized, outdated and poorly patched existing code that is often inconsistent with the General Plan. Meeting Date: 8/25/05 Item Number: A-1 AGENDA ITEM: Study Session to Review the Comprehensive Zoning Code Update Contact Person/Dept.: Thomas Gorham, Senior Planner Phone Number: (310) 253-5727 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [] Attachments: [X] Public Notification: Publication in the Culver City News on 8/18/05; Culver City website posting on 8/18/05, and email to the Master Notification List on 8/22/05. Department Approval: Susan Evans 8/16/05 CAO Approval: Jerry Fulwood 8/22/05 City Controller Approval: N/ACity of Culver City, California City Council Agenda Item Report|1010|The new code will be a comprehensive, modern and user-friendly code that is consistent with and implements the General Plan. The new Zoning Code is organized and written to be readily accessible and understandable to all users. The table of contents and the internal structure of the chapters reflect the sequence in which code users most commonly need to find specific information. People working with zoning codes tend to be most interested in first finding where particular land uses are allowed and then the regulations and standards that apply to the design and development of a particular use or structure, and finally the details of the required approval process. The new Zoning Code uses clear language written in the simplest terms possible to describe regulations and specifications. Where appropriate, regulations have been put into easy to understand tables. Graphic design and page layout techniques including informative table of contents, cross-references, headers and footers, and the use of graphics enhance readability, allow for easy browsing, and clearly identify code provisions that apply to a reader’s particular project or otherwise affect their interests. In drafting the new Zoning Code, staff attempted to strike a balance between certainty in the development standards and review process and flexibility to allow varied criteria and design based on site conditions, design preferences and the community objectives. Since the inception of zoning in the U.S., every zoning ordinance has had two central aims:  Minimizing one property’s adverse impacts upon another; and  Encouraging development patterns and activities considered desirable by the community. In this context, zoning has been a positive influence on development, by setting certain standards and expectations for the quality of design and the fit of new development within neighborhoods. However, in order to achieve the greatest public benefit modern zoning codes have tended to provide greater flexibility to deal with site specific issues, with less constraints imposed by overly restrictive standards and guidelines. While flexibility is important, it must be balanced with the need to maintain basic legal principles of equity, uniformity and due process while carrying out the General Plan’s land use policies. Everyone wants to know what the rules and standards are by which development will be judged, and how decisions are made to approve, conditionally approve, or City of Culver City, California City Council Agenda Item Report|1010|deny an application. In addition, knowing the timeframe as well as the criteria for approval, who has appeal rights, and when a decision is final so a project can proceed are also important. Therefore, it is vital that the Zoning Code contain these certainties. However, a site or an existing building may be unique, the design innovative and responsive, or public benefits so compelling that some relief of underlying requirements may be appropriate and therefore flexibility in the Zoning Code is necessary. The new Zoning Code offers a number of ways to introduce flexibility into zoning administration. These include the following:  Comprehensive Plans to allow use and site development regulations tailored to a particular development.  Specific Plans to allow use and site development regulations tailored to a particular site or area.  Administrative modifications to allow minor relief from certain development standards based on site and other constraints.  Variances where unusual circumstances or hardships exist.  Yard encroachments.  Provisions for changes and improvements to nonconforming uses and structures.  Processes for streamlining development permits.  Hierarchy of use regulations, including “by-right” uses, administratively permitted uses, and conditionally permitted uses.  More flexible development standards based on site-specific criteria.  Provisions for mixed use and live/work development.  The use of overlay zones.  Provisions for zoning text and map amendments.City of Culver City, California City Council Agenda Item Report|1010|Based on the objective of balancing certainty and flexibility, the new Zoning Code will regulate development through five major components: 1) the zoning map that divides the City into separate zoning districts; 2) a list of the types of land uses allowed in each zoning district; 3) standards for site planning and development; 4) rules and procedures for obtaining City approval for development; and 5) rules for zoning code administration. These five major components are organized into the seven articles contained in the Zoning Code. The seven articles are as follows: Article 1- Zoning Code Applicability Article 2- Zoning Districts, Allowable Land Uses and Zone and Zone Specific Standards Article 3- Site Planning and General Development Standards Article 4- Standards for Specific Land Uses Article 5- Land Use and Development Permit Procedures Article 6- Zoning Code Administration Article 7- Definitions Staff has held three study sessions and three public hearings with the Planning Commission to provide input, comments, and direction on the new Zoning Code. These are as follows:  May 11, 2005. The first study session was held to review Article 2.  May 25, 2005. The second study session was held to review the residential and commercial design guidelines from Article 2 and the Landscaping Chapter from Article 3.  June 8, 2005. The third study session was held to review the Off-Street Parking and Loading Chapter from Article 3.  July 13, 2005. The Commission reviewed Articles 1, 2, and 3 during a public hearing. City of Culver City, California City Council Agenda Item Report|1010| July 27, 2005. The Commission reviewed Article 4 during a public hearing  August 10, 2005. The Commission reviewed Articles 5, 6 and 7 during a public hearing. As outlined above, the Planning Commission has concluded its review of all seven articles of the Zoning Code. Staff will be making all the necessary revisions and edits as directed by the Commission and will bring the revised Zoning Code back to the Commission on August 24, 2005 to adopt a resolution recommending that the Council adoption the new Zoning Code. DISCUSSION: The following is a summary of the seven articles of the new Zoning Code as well as some of the key issues that have been addressed in the new Zoning Code. Article 1 Article 1 addresses the applicability of the Zoning Code. It contains the general purpose of the code, discusses the Zoning Code’s relationship to the General Plan, details the Zoning Code’s applicability, and outlines who is responsible for administration of the Zoning Code. Article 1 provides details on land use and development approval requirements, including exemptions from land use permits; and outlines the rules for interpreting the Zoning Code. Article 2 Article 2 will determine how individual parcels may be used. Article 2 contains the purpose of each zoning district, including categories of land uses that are appropriate for the zone and how each district relates to the land use designations of the General Plan. Article 2 then lists the land uses that may be allowed within each zoning district and the type of City approval required to establish each use. The zoning district designations and the land use list together implement the vision of the General Plan for each area of the City. The zone specific standards contained in Article 2 establish the scale and character of development unique to each zoning district. These standards address a variety of project location and design details including setbacks, height limits, density, building size, and open space. Defining the zoning districts, the land uses allowed within them, the type of City approval required for each use, and zone specific development standards is one City of Culver City, California City Council Agenda Item Report|1010|of the most important components of the zoning code. The mixture of land uses allowed in each zone will shape and preserve the form and character of the City and determine how different uses relate to one another. The types of uses allowed or not allowed will also affect the City’s economy. The designation of some uses as permitted and others as conditional will determine the extent to which the public may be involved in the City’s decision making on individual development projects. It will also affect the workload of the decision-making bodies and the amount of time required for a project applicant to find out whether the City will approve, deny or require modifications to a proposed project. Zoning Districts Article 2 establishes new zoning district designations as outlined in the Zoning District Comparison Guide (Attachment No. 2) and on the Draft Zoning Map (Attachment No. 3). The key components of these new designations are as follows:  Pursuant to implementation direction from the General Plan, a new R3 zone has been established. The new R3 zone is a three-family land use zone that is applied to a specific area along McLaughlin Avenue characterized by residential triplex development.  A new high density multiple family residential zone (RHD) has been established to be applied to the large residential development in Fox Hills and other areas that were formerly included under the R-3 zoning district. These developments do not fit the low density multiple family designation of the current R3 zone. However, the development standards for the RHD zone are similar to the current R3 standards that these developments were built to.  The R1-Z zone (One Family Dwelling/Zero Lot line) has been re- designated as a new RZ overlay zone.  The existing C1 and C2 commercial zones have been combined into a new CN zone (Commercial Neighborhood) consistent with the Neighborhood Corridor General Plan designation.  A new CD zone (Commercial Downtown) has been created to replace the existing Downtown Overlay zone.  A new PD (Planned Development Zone) that identifies existing approved and built planned developments in the City and carries over City of Culver City, California City Council Agenda Item Report|1010|the comprehensive plan requirements for any new planned developments has been established.  Place holders for the Street Level Use and Design Overlay (SUDS) and the Redevelopment Project Area Overlay have been created for the these zones which are pending final City Council action.  The new Open Space Zone that has been approved by the City Council is in Article 2. Land Use Tables Specified land uses for each zoning district have been put into tables creating a clearer, concise and more user-friendly document. Key highlights of the use tables are as follows:  The land use tables identify specific land uses broken down into categories.  The permit requirements by district are identified.  Specific use regulations are identified.  The various land use tables (residential, commercial, and industrial) are consistent in their land use names and correspond to the definitions contained in Article 7.  Residential uses are currently permitted in commercial and industrial zones by extension, subject to the approval of a conditional use permit. The new land use requirements prohibit residential uses in the industrial zones completely, and limit residential uses in the commercial zones to either live/work uses and/or residential uses associated with a mixed-use project. Development Standards Like the land use tables, specific development standards for each zoning district have been put into tables creating a clearer, concise and more user- friendly document. Key highlights of the development standards are as follows:City of Culver City, California City Council Agenda Item Report|1010| Complex calculations for private residential open space requirements for the R1, R2, and R3 zones have been removed. Private residential open space will be determined by setbacks and structure coverage requirements.  The complex street-facing setback requirements for the CN, CG, CC and CD zones that result in odd building placement have been replaced with no setbacks required facing the street. This is consistent with the goal of creating pedestrian friendly streetscapes along the City’s commercial corridors. A zero setback at the street face is not a requirement, but is encouraged. The standards do not prevent larger setbacks were they may be appropriate.  Rear and side setbacks in the CN, CG, CC and CD zones adjacent to residential zones have been modified to be consistent with those setback requirements for mixed use projects adjacent to residential zones, where a 10 foot setback is required for the first 15 feet of building height and a 60 degree clear zone angle is required for those portions of the building over 15 feet in height. This will help protect residential zones from large commercial buildings looming over them.  Formulas for rear and side setback requirements in the CRB, IL and IG zones have been replaced with a simplified “12 +” formula that results in similar existing setback requirements. Pursuant to direction from the Planning Commission, staff has included a diagram to illustrate this requirement  Street facing setbacks in the CRR and CRB zones have been changed from a percentage figure to a fixed figure based on a median of the former percentage calculations.  The street facing, rear and side yard setbacks in the IL and IG zones have been changed consistent with those in the CRR and CRB zones. Key Issues Outlined below are key issues identified by staff and discussed by the Commission:City of Culver City, California City Council Agenda Item Report|10 10| Staff has modified the list of permitted uses in the IL (Industry, Light) zone to allow “clean” type industrial uses that are more compatible with adjacent sensitive land uses. These clean industrial uses include manufacturing uses that do not involve chemicals, raw materials, or heavy machinery.  Private schools are currently permitted in the City’s industrial zoning district pursuant to the approval of a conditional use permit (CUP). As the Council is aware, there has been an influx in the number of private schools wishing to locate in the City’s industrial zones. This is due to a number of factors including higher commercial rents and land cost on the Westside driving private schools to look for cheaper locations in industrial zones and the City’s allowance of private schools in industrial zones with a CUP. Concerns have been raised over the impacts of these private schools on the City’s industrial base and in turn on the City’s economic base. By permitting schools in the industrial zones, land use conflicts and adjacency issues are created. Schools are considered sensitive receptors and as such, industrial development adjacent to schools may be limited due to environmental issues related to noise, vibration, odors, and air quality. Further schools and certain industrial uses may conflict in terms of traffic and circulation. In response to the issues outlined above, The Commission has recommended that private schools remain a conditionally permitted use in the IL zone, but prohibited in the IG zone. With the changes to clean industrial uses in the IL zone, there may be situations where a private school can be compatible with adjacent industrial uses. Through the CUP process, issues related to traffic, circulation, and land use compatibility can be addressed and a proposed school can be evaluated on a case-by-case basis.  The RHD zone as previously proposed had a lower density than the RMD zone. The new RHD zone has been established to be applied to the large high-density residential development in Fox Hills and other areas that were formerly included under the R3 zoning district. These developments do not fit the low density multiple family designation of the current R3 zone, which allows a density of 1 unit per 2,904 sq. ft. of net lot area (15 units per acre). The RMD zone replaces the current R4 zone which has a density of I unit per 1,500 sq. ft. of net lot area (29 units per acre), but with a cap of no more than nine units per any site. Since the RHD zone is intended to be a higher density zone than the RMD zone, the density factor in the RHD zone has been changed City of Culver City, California City Council Agenda Item Report 10 to I unit per 1,500 sq. ft. of net lot area (20 units per acre) with no cap on the number of units per site.  The Draft Zoning Map (Attachment No. 3) illustrates the new zoning designations based on their corresponding existing zoning designation. Once the new Zoning Code is adopted and the new zoning designations are in place, the zoning map will be updated to reflect the new zoning designations as they correspond to the General Plan. Where inconsistencies occur between the General Plan and the new zoning map, zone changes and/or general plan map amendments for individual parcels will be brought back to the Planning Commission for review and recommendation to the City Council.  Staff has not included residential or commercial design guidelines as part of the Zoning Code at this time. Based on feedback from the Commission at the study session, it was felt that the design guidelines deserved their own special attention. Therefore, staff intends to further refine the guidelines and bring them to the Commission and Council under separate review after the new Zoning Code is adopted. Article 3 Article 3 contains the general development standards that apply to a variety of land uses in different zones. These include general development standards such as fences, screening, setback regulations, height measurements, landscaping, off-street parking and signs. Article 3 is broken down into four chapters as outlined below: General Property Development and Use Standards This chapter contains general standards for setbacks, height, fences and screening. The chapter has been laid out in a user-friendly format with illustrations and tables that outline these general requirements that apply to all properties in all zoning districts. Landscaping The existing zoning code does not contain a specific landscape section. Rules and regulations for landscaping standards are scattered throughout the existing City of Culver City, California City Council Agenda Item Report 11 code and in the various separate resolutions and ordinances resulting in confusing, outdated and often contradictory standards. The new landscaping chapter of Article 3 consolidates landscaping and irrigation standards and regulations into one comprehensive area of the code establishing uniform landscape standards for new projects and providing a mechanism to upgrade existing landscaping in developments when improvements are proposed. Key Issues Based on feedback from the Commission at the study session, staff has revised the landscaping chapter including the following:  Clarified the term landscaping  Adding number of trees required by total landscape area  Clarified pruning requirements  Clarified landscaping maintenance requirements  Clarified landscaping of setback areas for single-family, duplex and triplex projects  Clarified landscaping of unused areas and vacant lots  Permitting the Director to allow for modifications to the parking lot screening requirement of 36 inches.  Clarified and further defined the term hydrozones. Parking The existing zoning code contains an off-street parking and loading chapter. However, the standards and regulations in this chapter are unorganized, difficult to interpret, inconsistent with other adopted ordinances and resolutions, and in some cases outdated. In addition, not all of the rules and regulations pertaining to parking are contained in the zoning code. Instead, they are scattered in various resolutions and ordinances that have been adopted over the years making the parking regulations difficult for staff to implement and for the public to understand. The new parking chapter of Article 3 consolidates parking and loading standards into one single area of the code providing updated, comprehensive and uniform parking regulations to be applied consistently for all development. City of Culver City, California City Council Agenda Item Report 12 Below, staff has outlined key elements of the off-street parking and loading standards. Parking Requirements by Land Use Parking requirements for specific land uses have been consolidated into an easy to use table broken down into four general categories: 1) Residential Uses; 2) Commercial Uses; 3) Recreation, Education and Assembly Uses; and 4) Industrial Uses. Below are key changes to parking requirements for specific land uses:  Parking requirements for live/work units have been added consistent with the new live/work regulations.  Parking for multi-family residential development has been changed to be consistent with the new parking standards for multi-family units in mixed-use residential development.  Parking for single-family, duplex and triplex residential units has been changed to one standard of 2 parking spaces per dwelling unit. The current standards require an extra parking space for units with more than 5 bedrooms.  Added parking requirements for banks and financial services  Parking requirements for hotels and motels has been revised to provide more parking and to account for hotel/motel staff and ancillary uses such as restaurants and conference uses.  Parking for restaurants has been clarified to identify takeout service with customer tables and without customer tables.  Parking requirements for car washes has been modified into three categories: self service; full service; and automated.  Parking for health/fitness facilities has been modified to a standard for all facility types.  Parking requirements for batting cages and skating rinks have been added.  Parking for schools has been changed from a non-driving/driving age student basis and traditional/non-traditional classroom basis. The current method of calculating parking based on traditional and non- traditional classrooms is difficult to implement and difficult to enforce. Requirements for pre-school, kindergarten and grades 1-9, where there is no need for student parking, have been established based on spaces per classroom and spaces for assembly area. Parking for high school grades 10 and up and for colleges and universities has been changed to a standard 1 space per 35 square feet of classroom area consistent with the existing code. In addition, parking requirements for City of Culver City, California City Council Agenda Item Report 13 specialized instruction schools (such as traffic, language, tutoring, computers, etc...) that typically are located in retail or other commercial space have been added. Change of use, expansion and additions In order to allow more flexibility for businesses to locate in tenant space that may have legal non-conforming parking, new uses going into those spaces will not have to provide additional parking as long as the parking requirement for the new use is the same as the previous use. Further, to allow more flexibility for additions to single-family, duplex, or triplex units, no additional parking is required for additions resulting in up to a total of four (4) bedrooms. This will permit units that have only one parking space to add bedrooms up to a total of four without adding another parking space. Additions resulting in more than five (5) bedrooms will be required to provide the required two spaces. Alternative Parking Provisions Provisions for alternative parking have been clarified and modified as follows:  In lieu parking fees have been modified to a set fee schedule rather than a formula based on assessed land value.  Off-site parking provisions have been modified by adding regulations for location, design standards, facility identification, terms, and replacement of lost off-site parking.  Approval for shared parking has been changed from a conditional use permit to an administrative use permit. Parking Design and Layout Guidelines This is perhaps the most improved section of the parking chapter in that standards for parking space size, location, access, parking lot layout, lighting, drive aisles, surfacing, and other standards have been consolidated into one comprehensive section. Key elements of this section are as follows:  Parking space dimensions for residential uses have been changed to a standard of 18 feet by 9 feet instead of 18 feet by 8 feet, 8 inches.  Parking space dimensions for non-residential uses has been changed to a standard of 18 feet by 8 feet, six inches instead of 18 feet by 8 feet, four inches.  The use of compact stalls has been eliminated.City of Culver City, California City Council Agenda Item Report 14  Parking space and drive aisle dimensions have been placed in a table format for ease of use and illustrated in a new figure.  Standards for curbing and wheel stops have been included.  Standards for slopes of driveways, ramps and parking areas have been consolidated from various sources and put into the code.  Standards for lighting, directional signs, and striping have been included.  Standards for parking area surfacing including provisions for alternative surfaces have been included.  Standards for parking structures have been added. Driveway and Site Access Standards No significant changes to the current standards have been made, However, the standards are now are now consolidated into one section. Bicycle Parking The existing code does not contain standards for bicycle parking. A new section for bicycle parking is included with standards for number of spaces and parking design. Loading No significant changes to the current standards have been made, However, the standards are now are now consolidated into one section. Key Issues Based on feedback from the Commission at the study session, staff has revised the parking chapter including the following:  Added allowance for the temporary reduction of parking during construction activities.  Clarified parking requirements for a change of use that requires no more parking than the previous use.  Eliminated ½ space reference in the parking tables  Added a minimum of 3 parking spaces for restaurants of less than 1,500 sq. ft.  Clarified parking stall size for uncovered residential parking spaces  Added two-way aisle dimension requirement to Figure 3-8.City of Culver City, California City Council Agenda Item Report 15  Clarified curbing and wheel stop requirements.  Provided allowance for the Director to determine appropriateness of driveway slope. Signs The existing zoning code contains a sign chapter; however, the standards and regulations in this chapter are unorganized and difficult to interpret. Staff’s intent in writing this chapter was not to change the sign standards in terms of number and types of signs allowed, but rather to take the existing regulations and make them better organized and easier to understand, implement and administer. Based on the premise of better readability and user-friendliness, the sign regulations have been broken down into specific categories including:  Sign standards by zoning district with non-residential and residential types and put into tables for easy access and readability  Standards for specific types of signs including temporary signs broken out into tables.  General requirements for all signs, including sign area and height measurements, location, design standards, illumination, installation, and maintenance.  Prohibited and restricted signs  Signs in the public right-of-way  Non-Conforming Signs  Sign permit requirements, including comprehensive sign program requirements In addition, sign specific definitions have been included in the Sign Chapter. Article 4 Article 4 contains standards for specific land uses. These standards apply to the development and operation of particular land uses that may have the potential for adverse effects regardless of their location, such as drive-through facilities, alcoholic beverage sales, recycling facilities, vehicle repair shops, and others. Therefore, these standards are “use driven” rather than “zone driven”. These use specific standards can range from the same issues addressed by zone- specific standards, such as requiring larger setbacks or additional landscaping; or more specific standards such as limitations on hours of operation, detailed City of Culver City, California City Council Agenda Item Report 16 standards for site layout, screening, noise and other performance and operational standards. All of the standards for specific uses outlined in Article 4 are cross-referenced in the use tables contained in Article 2 under the column “See Specific Use Regulations”. For example, automated teller machines (ATM’s) in the land use tables refers the reader to Section 17.400.025, which are the standards for ATM’s contained in Article 4. The following are some key elements of Article 4: Alcoholic Beverage Sales  Permit requirements have been put into a table format for easier use.  Additional required findings for approval of a Use Permit are outlined. Check Casing Businesses  Distance separation requirements are outlined.  Details on additional information required to be submitted with development plans are provided. Child Day Care Facilities  Outlines noticing requirements specific to large family day care homes.  Provides development standards that help to minimizes effects on surrounding properties. Drive-In and Drive- Through Facilities  Standards are provided to effectively mitigate problems usually associated with these types of facilities. Home Occupations  Provides guidelines for types of home occupations permitted.  Provides examples of businesses that are not incidental to or compatible with residential activities and are prohibited as home occupations.  Operating standards such as limitations on clients, parking, employees and deliveries are provided.City of Culver City, California City Council Agenda Item Report 17 Outdoor Dining  Standards for outdoor dining in the public right-of-way (sidewalks) are provided in specific resolutions and other sections of the Municipal Code. References to these regulations are provided in this section.  Detailed standards, not previously contained in the zoning ordinance, for outdoor dining on private property have been developed. These include location requirements, operating requirements, lighting, landscaping, parking, and design compatibility. Outdoor Retail Sales and Display  Standards from various resolutions and code sections have been consolidated into one section. Pawnshops  Distance separation requirements are outlined.  Details on additional information required to be submitted with development plans are provided.  Prohibited hours of operation are provided. Recycling Facilities  Standards and regulations from various resolutions and code sections have been consolidated into one comprehensive section.  Detailed definitions of various types of recycling facilities and terms are provided. Accessory Dwelling Units  The recently adopted secondary dwelling unit ordinance has been incorporated into this section. Accessory Residential Structures  Regulations, including height and setbacks provided.  Exceptions added including child’s play equipment, pet shelters, and trash enclosures.  Standards for site coverage to ensure adequate open space are provided.City of Culver City, California City Council Agenda Item Report 18 Multi-family Residential Standards  Specific standards for open space are provided. Vehicle Fueling Stations and Vehicle Repair Shops  Detailed operational, development, and site maintenance standards are provided. Telecommunication Facilities  All requirements for specific types of telecommunication facilities including dish antennas and cellular facilities combined into one comprehensive section. Article 5 Article 5 contains the procedures for land use and development permits. The permitting and development review procedures within the Article 5 include provisions for the preparation, filing, processing, and evaluation of land use permits by City staff. The procedures also provide criteria for the approval or denial of the permit applications by the assigned decision making body (e.g. the Director, the Planning Commission, or City Council). The land use and development permits outlined in Article 5 provide for administrative review of certain types for permits including site plan reviews, use permits and variances. The administrative process is provided for situations where it has been determined that a particular type of use needs discretionary review, but that issues an individual project will raise are likely not to be significant or complicated enough to warrant Planning Commission review. Administrative permits are identical to regular discretionary permits in terms of public notice and the extent of discretion that may be exercised, but a public hearing is not required. This approach helps to streamline the land use permit review process. The following are some key elements of Article 5:  Review Authority for land use permits outlined in table format.City of Culver City, California City Council Agenda Item Report 19  Zoning Clearances put in place for ministerial approvals.  Standards for Temporary Use Permits established.  Procedures for Administrative and Conditional Use Permits.  Procedures for Site Plan Review including thresholds for administrative review.  Procedures for Variances, including Administrative Modifications for minor deviations from development standards.  Process and procedures for Comprehensive Plans.  Procedures and requirements for Specific Plans in accordance with State law.  Procedures and requirements for Development Agreements in accordance with State law.  Density Bonus procedures.  Time limits and extensions for land use permits. Article 6 Article 6 contains the rules and regulations for administration of the Zoning Code. These provisions include procedures for public hearings and appeals, rezoning and amendments to the Zoning Code text, Zoning Code enforcement, regulations for nonconforming uses, and procedures for revocations and modifications. Most of the provisions set forth in Article 6 are influenced and/or required by State law requirements. The following are some key elements of Article 6:  Responsibilities of the City Council, Planning Commission and Director for administering the Zoning Code are outlined.  Provisions for nonconforming structures and uses provide flexibility to allow improvements without having to meet all current code requirements. City of Culver City, California City Council Agenda Item Report 20  Provisions for amendments to the General Plan, Zoning Code Text and Zoning Map are provided in accordance with State law.  Procedures and processes for noticing of land use permits, including public hearing notices are provided in a table format.  Procedures for appeals of the Director or Planning Commission actions as well as processes for hearing appeals are provided.  Rules for Zoning Code enforcement are provided.  Procedures for permit revocations and modifications are outlined. Article 7 Article 7 contains the definitions of various terms and land uses contained in the Zoning Code. The definitions are intended to be comprehensive and aid in simplifying the code text, minimize the chances of differing interpretations, and translate technical terms. ATTACHMENTS: 1) Draft Zoning Code 2) Zoning District Comparison Guide 3) Draft Zoning Map NEXT STEPS: The first public hearing before the City Council for the Comprehensive Zoning Code Update is scheduled for September 26, 2005. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Article 1 - Zoning Code Applicability August 2005 - Draft 1-1 ARTICLE 1 Zoning Code Applicability Chapter 17.100 - Purpose and Effect of Zoning Code ............................................................ 1-2 17.100.005 - Title..........................................................................................................1-2 17.100.010 - Purpose ....................................................................................................1-2 17.100.015 - Authority, Relationship to General Plan .................................................. 1-3 17.100.020 - Applicability of the Zoning Code............................................................... 1-3 17.100.025 - Responsibility for Administration ............................................................ 1-4 17.100.030 - Partial Invalidation of Zoning Code........................................................... 1-4 17.100.030 - Procedural Requirements.......................................................................... 1-4 Chapter 17.110 - Land Use and Development Approval Requirements ................................. 1-5 17.110.005 - Requirements for Land Uses and Development ......................................... 1-5 17.110.010 - Exemptions from Land Use Permit Requirements ..................................... 1-6 17.110.015 - Temporary Uses........................................................................................... 1-7 17.110.020 - Additional Permits or Approvals.............................................................. 1-7 Chapter 17.120 - Interpretation of Zoning Code Provisions.................................................. 1-8 17.120.005 - Purpose.......................................................................................................1-8 17.120.010 - Rules of Interpretation.............................................................................. 1-8 17.120.015 - Procedures for Interpretations ................................................................ 1-10 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Purpose and Effect of Zoning Code 17.100 Article 1 - Zoning Code Applicability August 2005- Draft CHAPTER 17.100 - PURPOSE AND EFFECT OF ZONING CODE Sections: 17.100.005 - Title 17.100.010 - Purpose 17.100.015 - Authority, Relationship to General Plan 17.100.020 - Applicability of the Zoning Code 17.100.025 - Responsibility for Administration 17.100.030 - Partial Invalidation of Zoning Code 17.100.035 – Procedural Requirements 17.100.005 - Title This Title is and shall be cited as the Culver City Zoning Code, Title 17 of the Culver City Municipal Code, hereafter referred to as "this Title." 17.100.010 - Purpose This Title carries out the policies of the Culver City General Plan by classifying and regulating the uses of land and structures within the City. This Title is adopted to protect and promote the public health, safety, and general welfare of residents and businesses in the City. More specifically, it is the purpose of this Title to: A. Provide standards that will guide the orderly growth and development of the City; B. Preserve and protect the integrity and character of the City’s residential neighborhoods; C. Maintain vital areas for business activities that serve the community and protect the quality of life; D. Require thoughtful planning and design that enhances the visual character of the City and avoids conflicts between land uses. E. Respect the City’s physical setting and constraints and protect and preserve its natural resources; F. Create a comprehensive and stable pattern of land uses for which public services and infrastructure can be efficiently and adequately planned; and G. Ensure that property within the City is well maintained by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this Title. 17.100.015 - Authority, Relationship to General Plan 1-2 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Purpose and Effect of Zoning Code 17.100 Article 1 - Zoning Code Applicability August 2005 - Draft A. Authority. This Title is enacted based on the authority vested in the City of Culver City (hereafter referred to as the “City”) by the City Charter and the City Municipal Code; and by the State of California, including but not limited to: the State Constitution; the State Planning and Zoning Law (Government Code Sections 65800 et seq.); the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.); the California Health and Safety Code; and other applicable statutory provisions. B. General Plan Consistency. The City’s General Plan is the document that establishes the broad goals and policies for all future development. This Title is the primary tool used to implement the goals, objectives, and policies of the General Plan. The City Council intends that this Title be consistent with the General Plan, and that any land use or development approved in compliance with this Title will also be consistent with the General Plan. 17.100.020 - Applicability of the Zoning Code This Title applies to all land uses, structures, subdivisions, and development within the City, as follows. A. New Land Uses or Structures. It shall be unlawful, and a violation of this Title, for any person to establish or construct any land use or structure, except in compliance with the requirements of this Title. B. Existing Land Uses or Structures. The requirements of this Title are not retroactive in their effect on land uses or structures lawfully established before the effective date of this Title or any applicable amendment. Existing land uses or structures are lawful and not in violation of the Municipal Code only when operated and maintained in compliance with all applicable provisions of this Title. Any alteration, expansion or modification of existing land uses or structures shall comply with all provisions of this Title. C. Issuance of Building or Grading Permits. The City may issue building, grading or other construction permits only when: 1. The proposed land use and/or structure satisfies the requirements of Subsection A. above, and all other applicable statutes, ordinances, rules, and regulations; and 2. The site was subdivided in compliance with all applicable requirements of Chapter 15.10 (Subdivisions) of the Municipal Code; and D. Subdivision of Land. Any subdivision of land proposed within the City after the effective date of this Title shall be consistent with this Title and Chapter 15.10 (Subdivisions) of the Municipal Code. E. Effect of Zoning Code Amendments on Projects in Progress. All land use permit applications that have been determined by the Division to be complete before the effective date of this Title or any amendment to this Title will be processed in compliance with the requirements in effect when the application was accepted as complete. 1-3 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Purpose and Effect of Zoning Code 17.100 Article 1 - Zoning Code Applicability August 2005 - Draft F. Other Permits and Requirements. Nothing in this Title eliminates the need for obtaining any other permits required by the City, or any permit or approval required by other provisions of the Municipal Code or the laws, rules or regulations of any City department, or any County, regional, State, or Federal agency. G. Conflicting Permits and Licenses . All permits shall be issued by the City in compliance with the provisions of this Title after the effective date of this Title or any amendment to this Title. Any permit, excluding business tax certificates, issued in conflict with this Title shall be void. 17.100.025 - Responsibility for Administration This Title shall be administered by the City Council (hereafter referred to as the "Council"), Planning Commission (hereafter referred to as the "Commission"), Board of Zoning Adjustments (hereafter referred to as the “Board”), Community Development Director or his/her designee (hereafter referred to as the " Director "), and Planning Division (hereafter referred to as the "Division") as provided in Chapter 17.600 (Administrative Responsibility). 17.100.030 - Partial Invalidation of Zoning Code If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Title is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Title. This Title and each portion thereof would have been adopted irrespective of the fact that one or more portions of this Title may be declared invalid, unconstitutional or unenforceable. 17.100.035 - Procedural Requirements Failure to follow the procedural requirements contained within this Title shall not invalidate City actions taken in the absence of a clear showing of intent. 1-4 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Land Use and Development Approval Requirements 17.110 Article 1 - Zoning Code Applicability August 2005 - Draft CHAPTER 17.110 - LAND USE AND DEVELOPMENT APPROVAL REQUIREMENTS Sections: 17.110.005 - Requirements for Land Uses and Development 17.110.010 - Exemptions from Land Use Permit Requirements 17.110.015 - Temporary Uses 17.110.020 - Additional Permits or Approvals 17.110.005 - Requirements for Land Uses and Development No land use or structure shall be established, constructed, reconstructed, altered, allowed or replaced unless that land use or structure complies with the following requirements. A. Allowable Use. The land use shall be identified by Chapters 17.210 (Residential Zoning Districts), 17.230 (Commercial Zoning Districts), 17.250 (Industrial Zoning Districts), 17.260 (Planned Development Zoning Districts), 17.270 (Special Purpose Zoning Districts) and 17.280 (Overlay Zones) as being allowable in the zoning district applied to the subject site. B. Permit Requirements. Any land use permit required by this Title shall be obtained before the proposed use is constructed or otherwise established or put into operation, unless the proposed use is listed in 17.110.010 (Exemptions from Land Uses and Development Approval Requirements). The land use permit requirements of this Title are established by Chapters 17.210 (Residential Zoning Districts), 17.230 (Commercial Zoning Districts), 17.250 (Industrial Zoning Districts), 17.260 (Planned Development Zoning Districts), 17.270 (Special Purpose Zoning Districts) and 17.280 (Overlay Zones). C. Development Standards. Every land use and structure shall comply with all applicable requirements of this Title, including the development standards of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), the provisions of Article 3 (Site Planning and General Development Standards), and Article 4 (Standards for Specific Land Uses). In addition, every land use and structure shall comply with all applicable requirements of any adopted Development Agreement, Comprehensive Plan, and Specific Plan. D. Conditions of Approval. Every land use and structure shall comply with all applicable conditions imposed by the City as part of an approved land use permit. E. Development Agreement Provisions. Every land use and structure shall comply with any applicable agreement related to the site which has been approved by the City or Redevelopment Agency including, but not limited to, an Owner-Participation Agreement, a Disposition and Development Agreement, or a Development Agreement. 1-5 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Land Use and Development Approval Requirements 17.110 Article 1 - Zoning Code Applicability August 2005 - Draft 17.110.010 - Exemptions from Land Use Permit Requirements The land use permit requirements of this Title do not apply to any activity, land use or structure identified by this Section. A. Exempt Activities, Land Uses and Structures. The following activities, land uses, and structures are exempt from the land use permit requirements of this Title when in compliance with all applicable development standards of Article 2 (Zoning Districts, Allowable and Uses and Zone-Specific Standards), Article 3 (Site Planning and General Development Standards, and Article 4 (Standards for Specific Land Uses): 1. Decks, paths and driveways. Any deck, platform, and on-site path not required by the Municipal Code to have a Building Permit or Grading Permit, not more than 24 inches above natural grade, and not above any basement or story below. 2. Governmental facilities. Any facility and operation regulated by the State or Federal government on land owned or leased by a governmental agency, to the extent that exemption is required by State or Federal law. 3. Interior remodeling. Any interior alteration that does not increase the number of rooms, bedrooms, or the gross floor area within a structure, or change or intensify the permitted use of that structure. 4. Portable spas and hot tubs, and fish ponds. Any portable spa, hot tub, and fish pond, or similar installation as determined by the Director, that does not exceed: 120 square feet in total area, including related equipment; 2,000 gallons of water; and three feet in depth. These facilities shall comply with the setback requirements established by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, or Article 4 (Standards for Specific Land Uses). 5. Repair and maintenance. Repair and maintenance to other than a designated historic structure, if the work does not result in any change in the approved land use of the site or structure or the addition to, enlargement or expansion of the structure, and if any exterior repair employs the same materials and design as the original. 6. Small portable residential accessory structure. Any portable storage shed, play equipment or other small structure in any residential zoning district up to 120 square feet in total area that is exempt from Building Permit Requirements in compliance with the Municipal Code and Uniform Building Code. These facilities shall comply with the setback requirements established by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) for the applicable zoning district, or Article 4 (Standards for Specific Land Uses). 7. Solar collectors. The addition of solar collection systems to the roof or sides of an existing structure, provided the collectors comply with the applicable height limit requirement. 1-6 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Land Use and Development Approval Requirements 17.110 Article 1 - Zoning Code Applicability August 2005 - Draft 8. Utilities. The construction, alteration, or maintenance by a public utility or public agency of any underground or overhead utilities. These include water, gas, electric, or telecommunication (excluding wireless communications facilities), supply or disposal system; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, utility boxes, traffic signals, and hydrants, but not including any structures, shall be permitted in any zoning district. 17.110.015 - Temporary Uses Requirements for establishing a temporary use (seasonal sales lot, construction yards, special events, and temporary structures etc.) are set forth in Chapter 17.520 (Temporary Use and Special Event Permits). 17.110.020 - Additional Permits or Approvals An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permit or approval required by: A. Any other provision of the Municipal Code, including: subdivision approval, building permits, grading permits, other construction permits, encroachment permits, a business tax certificate or permit to operate, all as may be appropriate. B. Any special district, or any regional, State, or Federal agency. All necessary permits shall be obtained before starting work, or expanding or establishing a land use. 17.110.025 - Conflicting Approvals All Departments, officials, or public employees vested with the authority or duty to issue licenses, zoning approvals or permits where required by law shall conform to the provisions of this Title. A license or zoning approval for uses, structures, or purposes in conflict with the provisions of this Title shall not be issued. Any license, zoning approval or permit issued in conflict with the provisions of this Title, shall be deemed void. 1-7 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Interpretation of Zoning Code Provisions 17.120 Article 1 - Zoning Code Applicability August 2005 - Draft CHAPTER 17.120 - INTERPRETATION OF ZONING CODE PROVISIONS Sections: 17.120.005 - Purpose 17.120.010 - Rules of Interpretation 17.120.015 - Procedures for Interpretations 17.120.005 - Purpose This Chapter provides rules for resolving questions about the meaning or applicability of any requirement of this Title. The rules provided in this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Title. 17.120.010 - Rules of Interpretation A. Authority. The Director shall have the responsibility and authority to interpret the requirements of this Title. B. Language. 1. Terminology. When used in this Title, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to . . .”. The words Buildings and structures" are referred to as "structures." 2. Common words use. If not specifically defined herein, or the context otherwise requires, then words of common use shall be defined as found in standard dictionaries. 3. Number of days. Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless otherwise specified. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend, a City recognized holiday, or a day the City is not open for business. 4. Minimum requirements. When any regulation of this Title is being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (such as height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums). 1-8 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Interpretation of Zoning Code Provisions 17.120 Article 1 - Zoning Code Applicability August 2005 - Draft 5. State law requirements. Where this Title references provisions of State law (e.g., The California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be the current State law provisions, as they may be amended from time to time. C. Calculations – Rounding. Wherever this Title requires calculations to determine applicable requirements, any fractional results of the calculations shall be rounded to the next higher whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. In the case of the number of dwelling units, numerical quantities that are fraction of whole numbers shall be rounded to the next lower whole number. D. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty: 1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries; 2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by the scale on the zoning map; and 3. Where a public street or alley, or railroad, or utility right-of-way is officially vacated or abandoned, the property that was formerly in the right-of-way will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned right-of-way or easement. E. Allowable Uses of Land. If a proposed use of land is not specifically listed in Chapters 17.210 (Residential Zoning Districts), 17.230 (Commercial Zoning Districts), 17.250 (Industrial Zoning Districts), 17.260 (Planned Development Zoning Districts), 17.270 (Special Purpose Zoning Districts) and 17.280 (Overlay Zones), the use shall not be allowed, except as follows. 1. Similar uses allowed. The Director may determine that a proposed use not listed in Article 2 is allowable if all of the following findings are made: a. The proposed use will be consistent with the goals, objectives and policies of the General Plan and any applicable Specific Plan; b. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and are not more destructive, detrimental or intensive than the uses listed in the district; and c. The proposed use will meet the purpose and intent of the zoning district that is applied to the site. 2. Applicable standards and permit requirements. When the Director determines that a proposed use not listed in Article 2 is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Title apply. 1-9 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Interpretation of Zoning Code Provisions 17.120 Article 1 - Zoning Code Applicability August 2005 - Draft 3. Board of Zoning Adjustment determination. The Director may forward questions about equivalent uses directly to the Board for a determination in compliance with 3.03.235 (Board of Zoning Adjustment) of the Municipal Code. F. Conflicting Requirements: 1. Municipal Code provisions. If conflicts occur between requirements of this Title and other regulations of the City, then the most restrictive shall control. 2. Zoning Code provisions. If conflicts occur between the provisions within this Title, the most restrictive requirement shall control; except in the case of any conflict between the regulations in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) and Article 3 (Site Planning and General Development Standards), Article 3 shall control. 3. Development Agreements or Specific Plans. When conflicts occur between the requirements of this Title and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control. 4. Private Agreements. This Title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any covenant or agreement unless the City is a party to the covenant or agreement. 17.120.015 - Procedures for Interpretations At the written request of any interested person, or at the Director’s discretion, the Director may determine the meaning or applicability of any requirement of this Title and may issue an official interpretation. A. Request for Interpretation. A request shall be written that specifically states the provision(s) in question and provides any information to assist in the review. B. Record of Interpretations. Official interpretations shall be: 1. In writing, and shall quote the provisions of this Title being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and 2. Distributed to the Council, Commission, City Attorney, City Clerk, and all pertinent staff. Any provision of this Title determined by the Director to need refinement or revision should be corrected by amending this Title as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Section being interpreted. 1-10 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Interpretation of Zoning Code Provisions 17.120 Article 1 - Zoning Code Applicability August 2005 - Draft 1-11 C. Appeals and Referral. Any interpretation of this Title by the Director may be appealed to the Board as provided by 3.03.235 (Board of Zoning Adjustment) of the Municipal Code. The Director may also refer any interpretation to the Board for a determination. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-1 ARTICLE 2 Zoning Districts, Allowable Land Uses and Zone- Specific Standards Chapter 17.200 - Establishment of Zoning Districts, Adoption of Zoning Map ....................................2-3 17.200.005 - Purpose ...................................................................................................................2-3 17.200.010 - Zoning Districts Established...................................................................................2-3 17.200.015 - Zoning Map Adopted............................................................................................2-4 17.200.020 - Zoning District Regulations..................................................................................2-5 Chapter 17.210 - Residential Zoning Districts..........................................................................................2-7 17.210.005 - Purpose ...................................................................................................................2-7 17.210.010 - Purpose of Residential Zoning Districts .................................................................2-7 17.210.015 - Residential Zoning District Land Uses and Permit Requirements........................2-8 17.210.020 - Residential Zoning Districts Development Standards ........................................2-10 Chapter 17.220 - Residential Design Guidelines.......................................................................................2-13 Chapter 17.230 - Commercial Zoning Districts......................................................................................2-14 17.230.005 - Purpose .................................................................................................................2-14 17.230.010 - Purposes of Commercial Zoning Districts..........................................................2-14 17.230.015 - Commercial District Land Uses and Permit Requirements...................................2-15 17.230.020 - Commercial District Development Standards.......................................................2-19 17.230.025 - CN (Commercial Neighborhood) District Requirements....................................2-23 17.230.030 - CG (Commercial General) District Requirements..............................................2-23 17.230.035 - CD (Downtown) District Requirements ...............................................................2-24 17.230.040 - CRB (Regional Commercial, Business Park) District requirements.....................2-26 Chapter 17.240 - Commercial Use Design Guidelines............................................................................2-27 Chapter 17.250 - Industrial Zoning Districts..........................................................................................2-28 17.250.005 - Purpose .................................................................................................................2-28 17.250.010 - Purposes of Industrial Zoning Districts ..............................................................2-28 17.250.015 - Industrial District Land Uses and Permit Requirement ......................................2-28 17.250.020 - Industrial District Development Standards...........................................................2-31 Chapter 17.260 - Planned Development (PD) Zoning Districts……...………………………………….2-33 17.260.005 -Purpose ................................................................................................................2-33 17.260.010 - Purpose of Planned Development Districts ........................................................2-33 17.260.015 - Planned Development District Requirements .......................................................2-33 17.260.020 - Established Planned Districts ...............................................................................2-34 Chapter 17.270 - Special Purpose Zoning Districts……...………………………………………………2-35 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-2 17.270.005 - Purpose .................................................................................................................2-35 17.270.010 - Purposes of Special Purpose Zoning Districts ....................................................2-35 17.270.015 - Studio (S) District Requirements........................................................................2-35 17.270.020 - Cemetary (E) District Requirements.....................................................................2-36 17.270.025 - Transportation (T) District Requirements.............................................................2-37 17.270.030 - Open Space (OS) District Requirements ............................................................2-37 Chapter 17.280 - Overlay Zones ..............................................................................................................2-46 17.280.005 - Purpose .................................................................................................................2-46 17.280.010 - Applicability of Overlay Zones ..........................................................................2-46 17.280.015 - Residential Zero Setback Overlay (-RZ) ............................................................2-46 17.280.025 - Commercial Zero Setback Overlay (-CZ).............................................................2-50 17.280.030 - Street Level Use and Design Overlay (-SL) ......................................................2-51 17.280.035 - Redevelopment Project Area Overlay (-RP) ......................................................2-51 17.280.040 - Civic Center Overlay (-CV) .................................................................................2-51 17.280.045 - East Washington Boulevard Overlay (-EW).........................................................2-52 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Zoning Districts and Zoning Map 17.200 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-3 Chapter 17.200 - ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP Sections: 17.200.005 - Purpose 17.200.010 - Zoning Districts Established 17.200.015 - Zoning Map Adopted 17.200.020 - Zoning District Regulations 17.200.005 - Purpose This Chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and provides general permit requirements for development and land uses. 17.200.010 - Zoning Districts Established Culver City shall be divided into zoning districts which implement the General Plan. The zoning districts described in Table 2-1 are hereby established, and shall be shown on the official Zoning Map (Section 17.200.015). Table 2-1 Zoning Districts Zoning Map Symbol Zoning District Name General Plan Land Use Classification Implemented by Zoning District Residential Zoning Districts R1 Single-Family Residential Low Density Single Family R2 Two-Family Residential Low Density Two Family R3 Three-Family Residential Low Density Three Family RLD Low Density Multiple Residential Low Density Multiple Family RMD Medium Density Multiple Residential Medium Density Multiple Family RHD High Density Multiple Residential Planned Residential Development Table continues on next page. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Zoning Districts and Zoning Map 17.200 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-4 Zoning Map Symbol Zoning District Name General Plan Land Use Classification Implemented by Zoning District Commercial Zoning Districts CN Commercial Neighborhood Neighborhood Serving Corridor CG Commercial General General Corridor CD Commercial Downtown Downtown CC Commercial Community Community Serving Center CRR Commercial Regional Retail Regional Center CRB Commercial Regional Business Park Regional Center Industrial Zoning Districts IL Industry, Light Light Industrial, Industrial Park IG Industry, General Industrial Planned Development Zoning District PD Planned Development Planned Residential Development Other Land Use Designations Special Purpose Zoning Districts S Studio Studio E Cemetery Cemetery OS Open Space Open Space Overlay Zones -RZ Residential Zero Setback Overlay -CZ Commercial Zero Setback Overlay -SL Street Level Use and Design Overlay -RP Redevelopment Project Area Overlay -CV Civic Center Overlay -EW East Washington Overlay 17.200.015 - Zoning Map Adopted The official Culver City Zoning Map (hereafter referred to as the "Zoning Map") has been adopted by the Council and is on file with the Planning Division. A. Inclusion by Reference. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, has been adopted by CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Zoning Districts and Zoning Map 17.200 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft the Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Title by reference as though it were fully included here. B. Zoning District Boundaries. The boundaries of the zoning districts established by Section 17.200.010 (Zoning Districts Established) shall be shown upon the Zoning Map. C. Relationship to General Plan. The Zoning Map shall implement the General Plan. D. Map Amendments. Amendments to the Zoning Map shall follow the process established in Chapter 17.620 (General Plan, Zoning Map and Zoning Code Amendments). E. Zoning Map Interpretation. The Zoning Map shall be interpreted in compliance with Section 17.120.010.D (Zoning Map Boundaries). F. Zoning upon Annexation. All property not prezoned by the Council prior to annexation shall be designated in the R1 (Single-Family Residential) zoning district upon annexation. 17.200.020 - Zoning District Regulations A. Purpose. Chapters 17.210 through 17.260 determine which land uses are allowed in each zoning district, what steps are required to establish each use, and the basic development standards that apply. B. Determination of Allowable Land Uses and Permit Requirements. The land uses allowed by this Title in each zoning district are identified in Tables 2-2, 2-5, 2-9, and 2-12 of this Chapter as being: 1. Permitted subject to compliance with all applicable provisions of this Title, subject to first obtaining a zoning clearance (Chapter 17.510), and any construction permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables; 2. Allowed subject to the approval of an Administrative Use Permit (Chapter 17.530), and shown as "AUP" uses in the tables; and 3. Allowed subject to the approval of a Conditional Use Permit (Chapter 17.530), and shown as "CUP" uses in the tables. Pursuant to 17.120.010 (Rules for Interpretation) the Director is assigned the responsibility and authority to interpret the requirements of this title. Land uses that are not listed in the tables or are not shown in a particular zoning district are not allowed, except where otherwise provided by Section 17.110.010 (Exemptions from Land Use Permit Requirements). C. Indoor Uses Only. All commercial and industrial activities, other than off-street parking, shall be conducted entirely within an enclosed structure(s), except as may otherwise be allowed in compliance with this Title. Uses and Zone-Specific Standards 2-5 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Zoning Districts and Zoning Map 17.200 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-6 D. Site Divided by Zoning District Boundary. Where a site is divided by one or more district boundaries, each portion of the site in a separate district shall be developed and used in compliance with the requirements of the applicable district. E. Conflicts between Provisions: 1. In the event of any conflict between the zoning district regulations of this Article and the provisions of Article 3 (Site Planning and Project Design Standards), the provisions of Article 3 shall control; and 2. Rules for resolving conflict between the requirements of this Title may be found in Section 17.120.010.F. (Rules of Interpretation – Conflicting Requirements). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Residential Zoning Districts 17.210 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-7 Chapter 17.210 - RESIDENTIAL ZONING DISTRICTS Sections: 17.210.005 - Purpose 17.210.010 - Purpose of Residential Zoning Districts 17.210.015 - Residential Zoning District Land Uses and Permit Requirements 17.210.020 – Residential Zoning Districts Development Standards 17.210.005 - Purpose of Chapter This Chapter provides residential development and use regulations in the residential zoning districts established by Section 17.200.010 (Zoning Districts Established). 17.210.010 - Purpose of Residential Zoning Districts The purpose of the individual residential zoning districts and the manner in which they are applied are as follows. A. R1 (Single-Family Residential) District. The R1 zoning district identifies areas characterized by single-family dwellings. The standards of the R1 district are intended to protect the existing density and maintain the character of single-family residential neighborhoods. The R1 zoning district is consistent with the Low Density Single Family land use designation of the General Plan. B. R2 (Two Family Residential) District. The R2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R2 standards are intended to maintain the character of existing neighborhoods, while allowing the opportunity for two family residential development. The R2 zoning district is consistent with the Low Density Two Family land use designation of the General Plan. C. R3 (Three Family Residential) District. The R3 zoning district identifies areas characterized by single-family homes, duplexes, and triplexes. The R3 standards are intended to maintain the character of existing neighborhoods, while allowing a mix of single family housing types. The R3 zoning district is consistent with the Low Density Three Family land use designation of the General Plan. D. RLD (Low Density Multiple Family Residential) District. The RLD zoning district identifies areas characterized by low density multiple family dwellings. The standards of the RLD district are intended to ensure that new development is compatible with the character of existing neighborhoods . The RLD zoning district is consistent with the Low Density Multiple Family land use designation of the General Plan. E. RMD (Medium Density Multiple Family Residential) District. The RMD zoning district identifies areas characterized by medium density multiple family dwellings. The standards of CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Residential Zoning Districts 17.210 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-8 the RMD district are intended to provide opportunities for the construction of medium density multiple family housing. The RMD zoning district is consistent with the Medium Density Multiple Family land use designation of the General Plan. F. RHD (High Density Multiple Family Residential) District. The RHD zoning district identifies areas characterized by existing large-scale, multiple-family residential complexes. The standards of the RHD zoning district are intended to ensure that new high density residential projects are compatible with the character of existing large scale multi-family development. The RHD zoning district is consistent with the Planned Residential Development land use designation of the General Plan. 17.210.015 - Residential Zoning District Land Uses and Permit Requirements A. General Requirements. Table 2-2 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.200.020.B. (Determination of allowable land uses and permit requirements). Note: where the last column in the tables ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may also apply. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Residential Zoning Districts 17.210 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-9 P Permitted Use CUP Conditional Use Permit Required AUP Administrative Use Permit Required Use not allowed R1 R2 R3 RLD RMD RHD Public recreational and cultural facilities P P P P P P Private residential recreational facilities P P P Religious places of worship CUP CUP CUP CUP CUP CUP Public Schools - Kindergarten to 12th grade (2) P P P P P P Private Schools - Kindergarten to 12th grade (2) CUP(3) CUP(3) CUP(3) CUP CUP CUP RE SIDE NTIAL Accessory dwelling units AUP AUP AUP 17.400.095 Duplex PP PP P Home occupations P P P P P P 17.400.055 Multiple-family dwellings P P P 17.400.105 Residential accessory uses and structures P P P P P P 17.400.100 Residential care facility, 6 or fewer clients P P P P P P Residential care facility, 7 or more clients CUP(4) CUP(4) CUP(4) CUP CUP CUP Senior citizen congregate care housing CUP CUP CUP Single-family dwellings P P P P P P Triplex P P P P SE RVICE Adult day care facilities CUP CUP CUP CUP CUP CUP Child day care centers CUP CUP CUP 17.400.035 Child day care, Large family day care homes AUP AUP AUP AUP AUP AUP 17.400.035 Child day care, Small family day care homes P P P P P P 17.400.035 Public utility or safety facilities CUP CUP CUP CUP CUP CUP TRANSPORTATION & COMMUNICATIONS Pipelines and utility lines (underground) P P P P P P Telecommunications facilities, cellular (5) CUP CUP CUP CUP CUP CUP 17.400.110 Telecommunications facilities, dish antennas 17.400.110 Notes: (1) See Article 7 for definitions of the land uses listed. (2) Use only allowed on a site designated for such use by the General Plan. (3) Use only allowed on a site declared surplus by the Culver City Unified School District. (4) Use only allowed on a site of 5 acres or more. (5) Use only allowed on a site owned and controlled by the City or other governmental agency. See Section 17.400.110 for permit requirments RE CRE ATION, E DUCATION, & PUBLIC ASSE MBLY See Specific Use Regulations: TABLE 2-2 Allowed Uses and Permit Requirements for Residential Zoning Districts LAND USE (1) PE RMIT RE QUIRE ME NT BY DISTRICTCULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Residential Zoning Districts 17.210 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-10 17.210.020 - Residential Zoning Districts Development Standards A. General Requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the R1, R2 and R3 zones shall conform to the requirements in Table 2-3. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the RLD, RMD and RHD zones shall conform to the requirements in Table 2- 4. In addition, the applicable development standards in Article 3 (Site Planning and General Development Standards) apply to all Residential Zoning Districts. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Residential Zoning Districts 17.210 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-11 TABLE 2-3 RESIDENTIAL DISTRICTS DEVELOPMENT STANDARDS (R1, R2, R3) Requirement by Zoning District Development Feature R1 R2 R3 Minimum lot area (1) 5,000 sf or the average area of residential lots within a 500 ft radius of proposed subdivision, whichever is greater. Lot width (2) 50 ft Lot depth 100 ft Maximum number of dwelling units allowed per parcel 1 unit 2 units 3 units Dwelling size Maximum and minimum allowed floor area, not including any garage or other non-habitable space. Maximum area 1,500 sf plus 40% of net lot area for parcels less than 8,000 sf; 60% of net lot area for parcels 8,000 sf or more. Minimum area 1,000 sf on the ground floor. 1,000 sf for a single-family unit; 750 sf / unit in a duplex. 1,000 sf for a single-family unit; 750 sf for a duplex or triplex. Setbacks (3) Minimum setbacks required. See 17.300.020 for Setback Regulations and Exceptions. Front 20 ft 15 ft 10 ft, or ½ the building height, whichever is greater. Sides (each) 4 ft 5 ft Rear 10 ft Minimum distance between structures 5 ft; 8 ft between detached dwelling units. Open space Minimum area of a site to remain uncovered by structures, in compliance with 17.400.100 (Residential Uses - Accessory Residential Structures). Private None required other than setbacks. Common None required. Height limit (3) (4) 2 stories and 30 ft. Landscaping As required by Chapter 17.310 (Landscaping). Parking As required by Chapter 17.320 (Offstreet Parking and Loading). Signs As required by Chapter 17.330 (Signs). Notes: (1) Minimum lot area for parcels proposed in new subdivisions and lot line adjustments. Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area determined through the subdivision review process, provided that the overall development site complies with the minimum lot size requirements of this Chapter. Zero lot line subdivisions may be allowed in compliance with Section 17.280.020. (2) Minimum required width measured at the street property line, except as otherwise provided by Section 15.10.700. (Subdivision Design Standards) for curved lot frontages and flag lots. (3) For standards for Accessory Structures see Section 17.400.010. (4) See 17.300.025 (Height Measurement and Height Limit Exceptions). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Residential Zoning Districts 17.210 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-12 TABLE 2-4 RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS (RLD, RMD, RHD) Requirement by Zoning District Development Feature RLD RMD RHD Minimum lot area (1) 5,000 sf or the average of residential lots within a 500 ft radius of the proposed subdivision, whichever is greater. Lot width (2) 50 ft Lot depth 100 ft Maximum Density 1 unit / 2,904 sf of net lot area. 1 unit / 1,500 sf of net lot area, up to a maximum of 9 units. (3) 1 unit / 1,500 sf of net lot area. Dwelling size Maximum and minimum allowed floor area not including any garage or other non-habitable space. Maximum area No limitation. Minimum area Studio Unit: 500 sf 1 Bedroom Unit: 700 sf 2 Bedroom Unit: 900 sf 3 Bedroom Unit: 1,100 sf More than 3 Bedrooms: 1,100 sf plus 150 sf for each bedroom over 3. Setbacks (4) Minimum setbacks required. See 17.300.020 for Setback Regulations and Exceptions. Front 10 ft, or ½ the building height, whichever is greater. Sides (each) 10 ft. 5 ft 10 ft. Rear 15 ft. 10 ft; 5 ft when adjacent to an alley 15 ft Minimum distance between structures 5 ft; 10 ft between detached dwelling units. Open space Minimum area of a site to remain uncovered by structures, in compliance with 17.400.090 (Multi- Family Residential Standards, Private 100 sf / unit Common None required. 30% of net lot area. Height limit (5) 2 stories and 30 ft 3 stories and 40 ft. Landscaping As required by Chapter 17.310 (Landscaping). Parking As required by Chapter 17.320 (Offstreet Parking and Loading). Signs As required by Chapter 17.330 (Signs). Notes: (1) Minimum lot area for parcels proposed in new subdivisions and lot line adjustments. Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area determined through the subdivision review process, provided that the overall development site complies with the minimum lot size requirements of this Chapter. (2) Minimum required width measured at the street property line, except as otherwise provided by Section 15.10.700. (Subdivision Design Standards) for curved lot frontages and flag lots. (3) The maximum density of 9 units per development parcel shall not apply to RMD zoned properties on Grand View Boulevard between Washington Place and Herbert Street. (4) For standards for Accessory Structures see Section 17.400.010. (5) See Section 17.300.025 (Height Measurement and Height Limit Exceptions). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING ORDINANCE Residential Design Guidelines 17.220 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-13 CHAPTER 17.220 - RESIDENTIAL DESIGN GUIDELINES This page intentionally left blank until the Residential Design Guidelines document is developed.CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-14 Chapter 17.230 - COMMERCIAL ZONING DISTRICTS Sections: 17.230.005 - Purpose 17.230.010 - Purpose of Commercial Zoning Districts 17.230.015 - Commercial District Land Uses and Permit Requirements 17.230.020 - Commercial District Development Standards 17.230.025 - CN (Commercial Neighborhood) District Requirements 17.230.030 - CD (Commercial Downtown) District Requirements 17.230.035 – CRB (Commercial Regional Business Park) District Requirements 17.230.005 - Purpose This Chapter provides development and land use regulations in the commercial zoning districts established by Section 17.200.010 (Zoning Districts Established). 17.230.010 - Purpose of Commercial Zoning Districts The purpose of the individual commercial zoning districts and the manner in which they are applied are as follows. A. CN (Commercial Neighborhood) District. The CN zoning district identifies areas appropriate for retail sales, offices, and services that will primarily serve the daily needs of nearby residents. This district may also accommodate mixed-use and live/work developments. The development standards and permit requirements of the CN district are intended to create a pedestrian-oriented environment. The CN zoning district is consistent with the Neighborhood Serving Corridor land use designation of the General Plan. B. CG (Commercial General) District. The CG zoning district identifies areas along major corridors appropriate for small- to medium-scale commercial uses, emphasizing community serving retail, office and service uses. This district may also accommodate mixed-use and live/work developments. The CG zoning district is consistent with the General Corridor land use designation of the General Plan. C. CC (Commercial Community) District. The CC zoning district identifies areas appropriate for a wide range of medium-scale commercial uses, with an emphasis on community serving retail restaurant and service uses that may share parking, and serve a citywide or community market area. The CC zoning district is consistent with the Community Serving Center land use designation of the General Plan. D. CD (Commercial Downtown) District. The CD zoning district is applied to the area identified by the General Plan as the Downtown area. The standards of this district are intended to encourage medium and large-scale commercial uses, with an emphasis on retail, entertainment, restaurant and cultural uses. This district may also accommodate mixed use and live/work uses. The development standards of the CD district are intended to provide a pedestrian-friendly CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-15 environment with high visual quality. The CD zoning district is consistent with the Downtown land use designation of the General Plan. E. CRR (Commercial Regional Retail) District. The CRR zoning district identifies areas appropriate for large-scale commercial uses emphasizing a variety of retail uses including anchor tenants, entertainment and restaurant uses that may share parking, and serve a regional market area. The CRR zoning district is consistent with the Regional Center land use designation of the General Plan. F. CRB (Commercial Regional Business Park) District. The CRB zoning district identifies areas appropriate for large-scale office and business park developments with shared parking, including specific light industrial uses. The CRB zoning district is consistent with the Regional Center and Industrial Park land use designations of the General Plan. 17.230.015 - Commercial District Land Uses and Permit Requirements Table 2-5 identifies the uses of land allowed by this Title in the commercial zoning districts, and the land use permit required to establish each use in compliance with Section 17.200.020.B. (Determination of Allowable Land Uses and Permit Requirements). Note: Where the last column in the tables ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-16 P CUP AUP CN CG CC CD CRR CRB INDUSTRY, MANUFACTURING & PROCE SSING Cosmetic product manufacturing P Electronics and equipment manufacturing P Fabric products manufacturing P Handcraft industries P Media production - Indoor support facilities P P Media production - Soundstages P Printing and publishing P P P P Recycling facility - Incidental small collection P P P 17.400.090 Recycling facility - Small collection AUP AUP AUP 17.400.090 Research and development (R&D) P Warehousing and distribution facilities P(2) RE CRE ATION, E DUCATION & PUBLIC ASSE MBLY Arcade AUP AUP P(3) AUP Clubs, lodges, and private meeting halls P P P(4) P Health/fitness facilities P P P(4) P P Indoor amusement/entertainment facilities PPPP Outdoor commercial recreation CUP CUP CUP CUP Public recreational and cultural facilities P PPPPP Religious places of worship CUP P P P Public Schools P PPPPP Private Schools CUP CUP CUP CUP CUP Studios - Art, dance, music, photography, etc. P PPPPP Theaters P PPPPP RE SIDE NTIAL Emergency shelters CUP CUP CUP Home occupations P P P P 17.400.055 Live/work units P P P P 17.400.060 Mix ed use projects P P P P 17.400.065 Residential care facilities, 6 or fewer clients P P P P Residential care facilities, 7 or more CUP CUP CUP Senior citizen congregate care housing CUP CUP CUP RE TAIL TRADE Accessory food service P PPPPP Accessory retail uses P PPPPP Adult businesses (5) P P Artisan shops P PPPPP Notes: (1) See Article 7 for definitions of the land uses listed. (2) 10,000 sf maximum floor area. (3) Up to 10 amusement devices are allowed in conjuction with a multiplex movie thetre subject to Section 17.230.030 (4) Subject to ground floor restrictions; see Section 17.230.035 (CD District Requirements). (5) Use only allowed subject to approval of an Adult Use Development Permit (See CCMC Chapter 11.13). Continues on next page. TABLE 2-5 Allowed Uses and Permit Requirements for Commercial Zoning Districts Permitted Use Conditional Use Permit required Administrative Use Permit Required Use not allowed LAND USE (1) PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use Regulations: CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-17 P CUP AUP CN CG CC CD CRR CRB RE TAIL TRADE (cont.) Auto and vehicle sales/rental (2) P P AUP Auto parts sales, retail P P P P P Bars, night clubs (3) CUP CUP CUP CUP CUP Building material stores P P P Convenience stores (3) P P P P P Firearms sales CUP CUP CUP CUP General retail stores (3) PPPPPP Internet Cafe AUP PPPPP Mobile home and RV sales CUP CUP Outdoor retail sales and display (4) AUP AUP AUP AUP AUP AUP 17.400.075 Pawnshops CUP 17.400.085 Pet Shop PPPP P(5) P Plant nurseries, retail PPPPPP 17.400.080 Restaurants, counter service (3) AUP PPPPP Restaurants, table service (3) PPPPPP Restaurants, outdoor dining (3) AUP AUP AUP AUP AUP AUP 17.400.070 Second hand stores P P Shopping center P P P P Warehouse retail stores CUP SE RVICE Adult day care facilities CUP CUP CUP CUP Automated teller machines (ATMs) PPPPPP 17.400.025 Banks and financial services PPPPPP Business and consumer support services P P P P(6) P P CateringServices PPPP(6)PP Check cashing businesses CUP CUP CUP CUP 17.400.030 Child day care centers CUP CUP CUP CUP CUP Child day care, Large family day care homes AUP AUP 17.400.035 Child day care, Small family day care homes P P 17.400.035 Notes: (1) See Article 7 for definitions of the land uses listed. (2) Auto sales establishments selling used vehicles exclusively are subject to approval of a Conditional Use Permit (see Chapter 17.530). (3) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.015 (4) Ancillary to a primary retail use. (5) Only one pet shop shall be permitted within any one shopping center. The tenant space shall be located so as to share no more than one common wall with any other tenant. (6) Subject to ground floor restrictions; see 17.230.035 (CD District Requirements) Continues on next page. TABLE 2-5 Allowed Uses and Permit Requirements for Commercial Zoning Districts Permitted Use Conditional Use Permit required Administrative Use Permit Required Use not allowed LAND USE (1) PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use Regulations:CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-18 P CUP AUP CN CG CC CD CRR CRB SE RVICE (cont.) Construction contractors, no outdoor storage P P P P Drive-thru facilities or services CUP CUP CUP CUP 17.400.045 Hotels and motels P P P P(2) P P Medical services - Office/Clinics P P P P(2) P P Medical services - Labs P P P(2) P P Medical services - Hospitals P P P P Mortuaries PPP Offices P P P P(2) P P Personal services P P P P(2) P P Pet day care AUP AUP AUP(3) AUP 17.400.020 Public safety facilities P P P P(2) P P Public utility facilities CUP CUP CUP CUP CUP Storage, Outdoor AUP AUP AUP AUP AUP 17.400.080 Vehicle services - Accessories installation P P P 17.400.125 Vehicle services - Car washes CUP CUP CUP CUP CUP Vehicle services - Fueling stations CUP P P P P 17.400.120 Vehicle services - Fueling, incidental repair, CUP CUP CUP CUP CUP 17.400.125 Vehicle services - Maintenance/repair CUP CUP CUP 17.400.125 Vehicle services - Towing, no storage P P P 17.400.125 Veterinary clinics and animal hospitals AUP AUP AUP(3) AUP 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios P P P P Parking facilities P P P P P P Pipelines and utility lines (underground) P P P P P P Telecommunications facilities, cellular AUP AUP AUP AUP AUP AUP 17.400.110 Telecommunications facilities, dish antennas 17.400.110 Notes: (1) See Article 7 for definitions of the land uses listed. (2) Subject to ground floor restrictions; see 17.230.035 (CD District Requirements). (3) Ancillary to a pet shop only. See Section 17.400.110 for permit requirements TABLE 2-5 Allowed Uses and Permit Requirements for Commercial Zoning Districts Permitted Use Conditional Use Permit required Administrative Use Permit Required Use not allowed LAND USE (1) PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use Regulations: Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-18 P CUP AUP CN CG CC CD CRR CRB SE RVICE (cont.) Construction contractors, no outdoor storage P P P P Drive-thru facilities or services CUP CUP CUP CUP 17.400.045 Hotels and motels P P P P(2) P P Medical services - Office/Clinics P P P P(2) P P Medical services - Labs P P P(2) P P Medical services - Hospitals P P P P Mortuaries PPP Offices P P P P(2) P P Personal services P P P P(2) P P Pet day care AUP AUP AUP(3) AUP 17.400.020 Public safety facilities P P P P(2) P P Public utility facilities CUP CUP CUP CUP CUP Storage, Outdoor AUP AUP AUP AUP AUP 17.400.080 Vehicle services - Accessories installation P P P 17.400.125 Vehicle services - Car washes CUP CUP CUP CUP CUP Vehicle services - Fueling stations CUP P P P P 17.400.120 Vehicle services - Fueling, incidental repair, CUP CUP CUP CUP CUP 17.400.125 Vehicle services - Maintenance/repair CUP CUP CUP 17.400.125 Vehicle services - Towing, no storage P P P 17.400.125 Veterinary clinics and animal hospitals AUP AUP AUP(3) AUP 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios P P P P Parking facilities P P P P P P Pipelines and utility lines (underground) P P P P P P Telecommunications facilities, cellular AUP AUP AUP AUP AUP AUP 17.400.110 Telecommunications facilities, dish antennas 17.400.110 Notes: (1) See Article 7 for definitions of the land uses listed. (2) Subject to ground floor restrictions; see 17.230.035 (CD District Requirements). (3) Ancillary to a pet shop only. See Section 17.400.110 for permit requirements TABLE 2-5 Allowed Uses and Permit Requirements for Commercial Zoning Districts Permitted Use Conditional Use Permit required Administrative Use Permit Required Use not allowed LAND USE (1) PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use Regulations: CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft 17.230.020 - Commercial Zoning District Development Standards A. General Requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the CN, CG, CC and CD zones, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the CRR and CRB zones, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7. In addition, the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards) shall apply to all commercial zoning districts. Uses and Zone-Specific Standards 2-19 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft TABLE 2-6 CN, CG, CC and CD COMMERCIAL DISTRICT DEVELOPMENT STANDARDS Requirement by Zoning District Development Feature CN CG CC CD Minimum lot area Minimum lot area determined through subdivision review process. Residential development Subject to the requirements of the Mixed Use development standards (17.400.080) and/or Live/Work development standards (17.400.075). Minimum setbacks required. See 17.300.020 for Setback Regulations and Exceptions. None Required. None Required. (1) None Required. For first 15 ft of building height: 10 ft required. For portions of structure above 15 ft in height a 60 degree clear zone angle must be maintained, measured from 15 ft above the existing grade and from 10 feet from the side property line. (2) None Required. For first 15 ft of building height: 10 ft required. For portions of structure above 15 ft in height a 60 degree clear zone angle must be maintained, measured from 15 ft above the existing grade and from 10 feet from the rear property line. (2) Setbacks Street facing Side Side Adjacent to Residential Zone Rear Rear Adjacent to Residential Zone Alley 2 ft. The width of an alley may be credited toward the setback requirement for properties adjacent to residential zones. Height limit (3) 43 ft 56 ft (4) 56 ft (4) See CD District Requirements: Section 17.230.035. Landscaping As required by Chapter 17.310 (Landscaping). Parking and loading As required by Chapter 17.320 (Offstreet Parking and Loading). See CD District Requirements Section 17.230.035 and Chapter 17.320. As required by Chapter 17.330 (Signs). Signs Notes: (1) Except in compliance with the Design for Development of the Downtown Area. No setback shall be provided for at least 75% of any new exterior building wall resulting from the addition of building floor area along the east and west sides of Main St., the north side of Culver Bl. between Canfield and Duquesne Aves., and both sides of Washington Blvd. between Watseka and Hughes Aves. (2) See Diagram 2-1 (3) See Section 17.300.025 (Height Measurement and Height Limit Exceptions).(4) This provision is as approved by Initiative Ordinance No. 90-013½ adopted April 17, 1990 Uses and Zone-Specific Standards 2-20 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-21 TABLE 2-7 CRB AND CG COMMERCIAL DISTRICT DEVELOPMENT STANDARDS Requirement by Zoning District Development Feature CRR CRB Minimum lot area Minimum lot area determined through subdivision review process. Residential development None allowed. Minimum setbacks required. See 17.300.020 for Setback Regulations and Exceptions. Parcels up to 20,000 square feet in area: 5 ft. Parcels over 20,000 square feet in area: 15 ft. None Required. 60 ft 12 ft plus one foot of additional setback for every two feet in building height above 20 ft. (1) None Required 60 ft 12 ft plus one foot of additional setback for every two feet in building height above 20 ft. (1) Setbacks Street facing Side Side adjacent to residential Rear Rear adjacent to residential Alley 2 ft. The width of an alley may be credited toward the setback requirement for properties adjacent to residential zones. Height limit (2) 56 ft (3) 56 ft (3) Landscaping As required by Chapter 17.310 (Landscaping). Parking and loading As required by Chapter 17.320 (Offstreet Parking and Loading). Signs As required by Chapter 17.330 (Signs). Notes: (1) See Diagram 2-2. (2) See Section 17.300.025 (Height Measurement and Height Limit Exceptions). (3) This provision is as approved by Initiative Ordinance No. 90-013½ adopted April 17, 1990 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft DIAGRAM 2-1 Commercial Setback Adjacent to Residential Zone Uses and Zone-Specific Standards 2-22 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft DIAGRAM 2-2 Examples of CRB, IL, IG Setbacks Adjacent to Residential Zone 17.230.025 - CN (Commercial Neighborhood) District Requirements Land uses allowed within the CN (Commercial Neighborhood) zoning district by Table 2-5 (Allowed Uses and Permit Requirements for Commercial Zoning Districts) shall comply with the following provisions, in addition to the development standards in 17.230.020 (Commercial District Development Standards) and all applicable provisions of Article 3 (Site Planning and General Development Standards). A. Public Entrance. Buildings proposed for retail trade or service uses shall be designed to locate the main entrance on the principal street frontage of the site or within 50 feet of the frontage, as determined by the Director. Side and/or rear entrances from public parking areas may also be provided. 17.230.030 - CG (Commercial General) District Requirements Land uses allowed within the CG (Commercial General) zoning district by Table 2-5 (Allowed Uses and Permit Requirements for Commercial Zoning Districts) shall comply with the following Uses and Zone-Specific Standards 2-23 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-24 provisions, in addition to the development standards in 17.230.020 (Commercial District Development Standards) and all applicable provisions of Article 3 (Site Planning and General Development Standards). A. Incidental Light Manufacturing. Light Manufacturing incidental to the retail sale of goods from the premises only, upon the following provisions. 1. That not more than 25% of the ground floor area of any building may be used for such purpose; 2. That any such portion of any building or premises used for such incidental manufacturing shall not be nearer than 50 feet to any Residential zone; 3. That such incidental manufacturing is not objectionable due to noise, odor, dust, smoke, vibration or other similar causes; 4. That the area required for the storage of materials to be manufactured shall be included within the maximum 25% allowable floor area. 17.230.035 - CD (Commercial Downtown) District Requirements Land uses allowed within the CD (Commercial Downtown) zoning district by Table 2-5 (Allowed Uses and Permit Requirements for Commercial Zoning Districts) shall comply with the following provisions, in addition to the development standards in 17.230.020 (Commercial District Development Standards) and all applicable provisions of Article 3 (Site Planning and General Development Standards). A. Ground Floor Restriction. Land uses shown in Table 2-5 (Allowed Uses and Permit Requirements for Commercial Zoning Districts) as being subject to ground floor restrictions shall not be located on the ground floor of any building, in the following locations; 1. Both sides of Main Street; 2. The north side of Culver Boulevard from Canfield Avenue to Duquesne Avenue; 3. Both sides of Washington Boulevard between Watseka Avenue and Hughes Avenue; and 4. The Culver Boulevard and Washington Boulevard frontages of the Town Plaza and Town Park areas, except where other uses are allowed by the Culver City Redevelopment Agency in an Owner-Participation Agreement or a Disposition and Development Agreement. Exemptions from ground floor use or design restrictions may be granted for designated historic structures when it can be demonstrated, by substantial evidence, that such restrictions would seriously compromise the economic viability or architectural integrity of the building. B. Height Requirements. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-25 1. The greater of 2 stories or 30 ft on either side of Main St, except for the southerly 80 ft (north of Culver Blvd.). 2. The greater of 3 stories or 44 ft along the southerly 80 ft of Main St. (north of Culver Blvd.), on the north side of Culver Blvd. from Canfield to Duquesne Aves., and on the north or south sides of Washington Blvd. between Watseka and Hughes Aves; or 3. 56 ft for all other areas, except for buildings within the Town Park and Town Plaza areas, which are governed by the Design for Development for the Downtown area. C. Parking Requirements. In the event the downtown parking demand exceeds the pooled parking supply, as reasonably determined by the Director, all new buildings or proposed intensification of uses in the CD Zone shall be required to provide parking on-site or as otherwise permitted in this Section and Title. 1. Restaurant, retail stores, and similar uses, and entertainment/recreational uses operated in conjunction with a restaurant other than a fast food or take-out only restaurant: 2.5 spaces for each 1,000 square feet of gross floor area. 2. Outdoor dining areas: There shall be no separate parking requirements for the first 20,000 gross square feet of outdoor dining area within the CD Zone, as determined by the City Planner; provided that any gross square footage of outdoor dining area which exceeds 20,000 gross square feet shall provide parking at the rate of 2.5 parking spaces for each 1,000 square feet of gross outdoor dining area, except the first 250 square feet of each additional area shall have no additional parking requirement. As of the effective date of the section, all the existing outdoor dining areas shall be included in the calculation of the 20,000 square foot base criteria. 3. Financial institutions, corporate offices, medical offices and similar uses: 3.4 parking spaces for each 1,000 square feet of gross floor area, which requirement may be reduced by the City to 2.7 parking spaces for each 1,000 square feet of gross floor area subject to implementation of a Transportation Demand Management program approved by the City. 4. Theaters: The parking requirement shall be determined by the Director for each facility based on a parking demand/supply study. 5. Additional parking provisions: When applying the provisions of Section 17.320.025 (Alternative Parking Provisions), the legal walking distance of off-site parking spaces may be extended to allow the utilization of off-street parking areas within the boundaries of the CD zone or any City off-street parking lot within 750 feet of the CD zone boundary. 6. Evening and weekend use: Where the operator of a business provides parking at the levels established in Subsection C. 1,2,3 or 4, the City may require the operator to allow general public use of the parking spaces during evening and weekend hours, where feasible. D. Multiplex Theater Amusement Devices. Amusement devices are permitted in conjunction with a multiplex movie theater complex of at least 10 screens subject to all the following criteria: 1. No more than 10 amusement devices shall be permitted in a complex. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.230 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-26 2. Amusement devices shall be located within the theater complex and used only by theater customers who have purchased tickets. 3. An amusement area shall not occupy more than 500 square feet of floor area. 4. An amusement area shall be screened so as not to be generally visible from the exterior of the theater complex. 5. An amusement area shall be accessible only by means of the main customer entrance for the theater complex. 17.230.040 - CRB (Regional Commercial, Business Park) District Requirements Land uses allowed within the CRB (Commercial Regional Business Park) zoning district by Table 2-5 (Allowed Uses and Permit Requirements for Commercial Zoning Districts) shall comply with the following provisions, in addition to the development standards in 17.230.020 (Commercial District Development Standards) and all applicable provisions of Article 3 (Site Planning and General Development Standards). A. Enclosed Building Requirement. All activities otherwise permitted under this zone classification shall be conducted wholly within a completely enclosed building, further that a wall constructed in conformity with the provisions of this Code relating thereto shall be constructed between premises utilized for the uses of this zone and any abutting residentially zoned property. B. Vicinity Impacts. The building, machinery and equipment shall be so constructed, installed and maintained, and the activity conducted therein shall be such that all noises, vibration, dust, odor and other objectionable factors shall be reduced to the extent that no annoyance or injury will result to any persons residing in the vicinity of such CRB premises. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Use Design Guidelines 17.240 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-27 CHAPTER 17.240 - COMMERCIAL USE DESIGN GUIDELINES This page intentionally left blank until the Commercial Design Guidelines document is developed. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Industrial Zoning Districts 17.250 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-28 Chapter 17.250 - INDUSTRIAL ZONING DISTRICTS Sections: 17.250.005 - Purpose 17.250.010 - Purposes of Industrial Zoning Districts 17.250.015 - Industrial District Land Uses and Permit Requirements 17.250.020 – Industrial District Development Standards 17.250.005 - Purpose This Chapter provides development and land use regulations in the industrial zoning districts established by Section 17.200.010 (Zoning Districts Established). 17.250.010 - Purposes of Industrial Zoning Districts The purposes of the individual industrial zoning districts and the manner in which they are applied are as follows. A. IL (Light Industrial) District. The IL zoning district is applied to areas appropriate for light industry and light manufacturing uses including processing, distribution, and storage. The land uses allowed and development standards required within the IL district are intended to protect adjacent residential areas while allowing indoor, clean, quiet industry, commercial offices and research and development uses. The IL zoning district is consistent with the Light Industrial and Industrial Park land use designations of the General Plan. B. IG (General Industrial) District. The IG zoning district is applied to areas appropriate for a wider variety of industrial uses than the IL district, including outdoor activities, but no heavy industry. The IG zoning district is consistent with the Industrial land use designation of the General Plan. 17.250.015 - Industrial District Land Uses and Permit Requirements A. General Requirements. Table 2-8 identifies the uses of land allowed by this Title in each industrial zoning district, and the land use permit required to establish each use, in compliance with Section 17.200.020.B. (Determination of Allowable Land Uses and Permit Requirements). Note: where the last column in the tables ("See Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Industrial Zoning Districts 17.250 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-29 IL IG INDUSTRY, MANUFACTURING & PROCE SSING Chemical product manufacturing P Concrete, gypsum, and plaster products P Electronics and equipment manufacturing P P Fabric products manufacturing P P Food and beverage manufacturing P Furniture/fixtures manufacturing P P Glass, metal and plastics product manufacturing P Handcraft industries P P Laundries and dry cleaning plants P Lumber and wood product manufacturing P Machinery manufacturing P Media production - Backlots/outdoor facilities P Media production - Indoor support facilities P P Media production - Soundstages P P Metal products fabrication, machine/welding shops P Motor vehicle/transportation equipment manufacturing P Paper product manufacturing P Paving and roofing material manufacturing P Printing and publishing P P Recycling facility - Processing P 17.400.090 Recycling facility - Large collection P 17.400.090 Recycling facility - Small collection AUP P 17.400.090 Recycling facility - Incidental small collection P P 17.400.090 Research and development (R&D) P P Small-scale product manufacturing P P Stone and cut stone product manufacturing P Stone, clay and pottery product manufacturing P Warehousing and distribution facilities P P Wholesaling and distribution facilities P P RE CRE ATION, E DUCATION , PUBLIC ASSE MBLY Arcade P P Indoor amusement/entertainment facilities CUP CUP Health/fitness facilities P P Outdoor Commercial Recreation CUP CUP Private Schools CUP Public recreational and cultural facilities CUP CUP Public Schools P P Studios - Art, dance, music, photography, etc. P P Theaters P P RE SIDE NTIAL Caretaker and employee housing CUP CUP Notes: (1) See Article 7 for definitions of the land uses listed. Continues on next page. TABLE 2-8 Allowed Uses and Permit Requirements for Industrial and Special Purpose Zoning Districts LAND USE (1) PE RMIT RE QUIRE ME NTS BY DISTRICT See specific use regulations P Permitted CUP Conditional Use Permit AUP Adminstrative Use Permit Use not permitted CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Industrial Zoning Districts 17.250 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft IL IG RE TAIL TRADE Accessory retail uses P P Adult entertainment businesses P(2) P(2) Artisan Shops P P Auto and vehicle sales/rental CUP CUP Building material stores P P Construction equipment sales P P Convenience stores (3) P P General retail stores (3) P P Mobile home and RV sales CUP CUP Outdoor retail sales and display AUP AUP 17.400.075 Plant nurseries P P Restaurants, counter service (3) P P Restaurants, table service (3) P P Warehouse retail stores P P SE RVICE Animal boarding and kennels P(4) P 17.400.020 Business and consumer support services P P Catering Services P P Child day care centers (5) CUP CUP Contractor's storage yard P (4) P Drive-thru facilities or services CUP CUP 17.400.045 Offices PP Public safety facilities P P Public utility facilities P P Storage facilities, personal storage P P Storage, outdoor P P 17.400.080 Storage, warehouse P P Vehicle services - Accessories installation P P 17.400.125 Vehicle services - Fueling stations P P 17.400.120 Vehicle services - Fueling, incidental repair CUP CUP 17.400.125 Vehicle services - Impounding/storage CUP CUP 17.400.125 CUP CUP 17.400.125 Vehicle services - Paint/body P (4) P(4) 17.400.125 Vehicle services - Towing, no storage P P 17.400.125 Veterinarian clinics and animal hospitals P P 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios P P Heliports CUP CUP Parking facilities P P 17.320. Pipelines and utility lines P P Telecommunications facilities, cellular AUP AUP 17.400.110 Telecommunications facilities, dish antenna See Section 17.400.110 for permit requirements Notes: (1) See Article 7 for definitions of the land uses listed. (2) Use only allowed subject to approval of an Adult Use Development Permit (see CCMC Chapter 11.13). (3) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.030. (4) Use only allowed indoors. Vehicle services - Maintenance/repair See specific use regulations TABLE 2-8 Allowed Uses and Permit Requirements for Industrial and Special Purpose Zoning Districts LAND USE (1) PE RMIT RE QUIRE ME NT BY DISTRICT P Permitted CUP Conditional Use Permit AUP Adminstrative Use Permit Use not permitted Uses and Zone-Specific Standards 2-30 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Industrial Zoning Districts 17.250 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-31 17.250.020 - Industrial District Development Standards A. General Requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the IL and IG zones, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-9. In addition, the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards) shall apply to all commercial zoning districts. TABLE 2-9 INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Requirement by Zoning District Development Feature IL IG Minimum lot area Minimum lot area determined through subdivision review process. Residential development None allowed. Setbacks Minimum setbacks required. See 17.300.020 for Setback Regulations and Exceptions. Street facing 5 ft. Side None Required. Side adjacent to Residential Zone 12 ft plus one foot of additional setback for every two feet in building height above 20 ft. (1) Rear None Required. Rear Adjacent to a Residential Zone 12 ft plus one foot of additional setback for every two feet in building height above 20 ft. (1) Alley 2 ft The width of an alley may be credited toward the setback requirement for properties adjacent to residential zones. Height limit (2) 43 ft Landscaping As required by Chapter 17.310 (Landscaping). Parking and loading As required by Chapter 17.320 (Offstreet Parking and Loading). Signs As required by Chapter 17.330 (Signs). Notes: (1) See Diagram 2-2. (2) See Section 17.300.025 (Height Measurement and Height Limit Exceptions). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Industrial Zoning Districts 17.250 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-32 B. Industrial District Performance Standards. All land uses proposed in the IL and IG zoning districts shall be operated and maintained so as to not be injurious to public health, safety or welfare, and shall comply with the following standards. 1. Air emissions. No approved land use shall generate or cause any visible dust, gasses, or smoke to be emitted into the atmosphere, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site. 2. Glare and heat. No direct or reflected glare or heat, whether from floodlights or from high temperature processes (including combustion or welding or otherwise), shall be visible or felt at or beyond the property line. 3. Ground vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations. 4. Noise. All uses and activities shall comply with the noise regulations contained in Chapter 9.07 (Noise Regulations) of the Municipal Code. 5. Odor. No approved land use shall generate or emit any obnoxious odor or fumes perceptible at the property line. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Planned Development Zoning Districts 17.260 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-33 Chapter 17.260 - PLANNED DEVELOPMENT ZONING DISTRICTS Sections: 17.260.005 - Purpose 17.260.010 - Purpose of Planned Development Zoning Districts 17.260.015 - Planned Development District Requirements 17.260.020 - Established Planned Development Districts 17.260.005 - Purpose This Chapter provides use and development regulations in the Planned Development zoning districts established by Section 17.200.010 (Zoning Districts Established). 17.260.010 - Purpose of Planned Development Zoning Districts The intent of the Planned Development Zoning District and the manner in which it applied is as follows: A. Planned Development. The PD zoning district is applied to areas of existing large-scale, multiple family residential and commercial complexes developed as a Planned District, and sites suitable for similar large scale development. The PD zoning district can also be applied to sites suitable for combined commercial, residential and/or live/work uses within a physically integrated and contiguous area. The PD zoning district is consistent with the Planned Residential Development Land Use designation of the General Plan and can be consistent with various residential and commercial land use designations of the General Plan. 17.260.015 - Planned Development District Requirements A. Requirements for the PD (Planned Development) District. Development Standards, allowable land uses and permit requirements for the PD (Planned Development) zoning district shall be established by a Comprehensive Plan (Chapter 17.560). B. Minimum Site Area for Rezoning. The PD zoning district may only be applied to sites of one acre or larger. C. Permit Requirements. All development proposed within a PD zoning district shall require approval of a Comprehensive Plan in compliance with Chapter 17.560 (Comprehensive Plans). Land use permit requirements for changes in land use after the initial Comprehensive Plan approval may be established by the Council through the rezoning of the site to apply the PD zoning district, and/or through the approval of the Comprehensive Plan. D. Allowable Land Uses and Development Standards. Except as otherwise provided by this Section, allowable land uses, and site planning and development standards for the PD zoning CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Planned Development Zoning Districts 17.260 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-34 district shall be determined by the Council through the rezoning of the site to apply the PD district, and/or through the approval of a Comprehensive Plan in compliance with Subsection C., above. In establishing allowable land uses and development standards, the Council shall consider the standards of the zoning districts most similar in nature and function to the uses proposed within the PD district. E. Height. No building or structure in the PD zone may exceed 56 feet in height (This provision is as approved by Initiative Ordinance No. 90-013½ adopted April 17, 1990). F. Undergrounding of Utilities. All utilities including telephone, cable television, and electric systems required within the limits of all PD zones shall be located underground. 17.260.020 - Established Planned Development Districts A. Established Planned Districts. Specific areas identified as Planned Districts (PD) are listed in Table 2-10. TABLE 2-10 PLANNED DISTRICTS Planned District General Description of Applicable Area -PD1 Lenawee Avenue Multi-Family Housing -PD2 MGM Lot #3 (Raintree, Tara Hills, and Lakeside) -PD3 Windsor Fountain -PD4 Raintree Plaza Shopping Center -PD5 Rotary Plaza -PD6 Studio Royale -PD7 Palm Court -PD8 The Classics at Heritage Park (Studio Drive-In) -PD9 Liberty Plaza Senior Housing B. Standards for established Planned Development Zoning Districts. The allowed uses and development standards for Planned Districts are developed as part of the project approval process. The allowed uses and development standards for the above established planned districts are on file at the Planning Division. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-35 Chapter 17.270 - SPECIAL PURPOSE ZONING DISTRICTS Sections: 17.270.005 - Purpose 17.270.010 - Purposes of Special Purpose Zoning Districts 17.270.015 - S (Studio) District Requirements 17.270.020 - E (Cemetery) District Requirements 17.270.025 - T (Transportation) District Requirements 17.270.030 - OS (Open Space) District Requirements 17.270.005 - Purpose This Chapter provides special purpose development and use regulations in the special purpose zoning districts established by Section 17.200.010 (Zoning Districts Established). 17.270.010 - Purposes of Special Purpose Zoning Districts The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows. A. S (Studio) District. The S zoning district is applied to areas appropriate for motion picture and television studio facilities and related media support facilities, and is intended to support the continuation of those businesses, while ensuring that future expansion will minimize potential impacts on adjacent residential uses. The S zoning district is consistent with the Studio land use designation of the General Plan. B. E (Cemetery) District. The E zoning district is applied to cemeteries. The E district is intended to protect existing cemeteries and provide for expansion within their existing boundaries. The E zoning district is consistent with the Cemetery land use designation of the General Plan. C. T (Transportation) District. The T zoning district is applied to the existing MTA right of way located on National Boulevard. D. OS (Open Space) District. The OS zoning district is applied to open space resources. The Open Space zone is intended to regulate, protect, and preserve publicly accessible land that is well suited for active recreation, amusement, relaxation, and/or scenic viewing. The OS zoning district is consistent with the Open Space land use designation of the General Plan. 17.270.015 - S (Studio) District Requirements Land uses allowed within the S zoning district shall comply with the following provisions, in addition to all applicable provisions of Article 3 (Site Planning and General Development Standards). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-36 A. Uses Permitted. No building or land shall be used and no building shall be erected, constructed or established except for uses customary or incidental to the production or distribution of motion pictures and other forms of audiovisual products, including, but not limited to, education and entertainment films, tapes and other reproduction media. Restaurants, support and related retail and sales of alcoholic beverages pursuant to an “on sale” license issued by the State Department of Alcoholic Beverage Control are permitted if not accessible to the general public. B. Comprehensive Plan to Establish Standards. All development standards for sites within the S zoning district, except the height limits established by Subsection D. below, shall be established by a Comprehensive Plan in compliance with Chapter 17.560 (Comprehensive Plans). C. Temporary Structures. Temporary structures constructed as part of a production set shall not be subject to the requirements of this Title, provided that the structures comply with applicable building, fire, and other applicable life safety regulations, and do not interfere with required site improvements including parking spaces and aisles, and setbacks. D. Height Limit. No structure within the S zoning district shall exceed a height of 56 feet (This provision is as approved by Initiative Ordinance No. 90-013½ adopted April 17, 1990). 17.270.020 - E (Cemetery) District Requirements Land uses allowed within the E zoning district shall comply with the following provisions, in addition to all applicable provisions of Article 3 (Site Planning and General Development Standards). A. Purpose. It is intended within the E zone to permit establishment of a cemetery. B. Uses Permitted. A cemetery use, subject to a Site Plan Review which shall be required prior to the issuance of any building permit for any cemetery type structure or prior to the interment of any deceased person. C. Filing Requirements. Maps and drawings in sufficient number as determined by the Planning Division (together with an application fee in the amount established by Resolution of the City Council for a Site Plan Review), shall be submitted to indicate: 1. The position of all proposed and existing structures on subject property (plot plan); 2. Location of pedestrian and vehicular streets and access ways; and 3. Location and specifications of all walls, fences and screening. D. Standards Governing Approval. The Planning Commission shall review all plans submitted and give its approval or disapproval based upon the following standards which are formulated to insure the development of a cemetery in a manner compatible with the public welfare. The standards governing the Commission’s determination are as follows: CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-37 1. Access: Emergency Equipment. All buildings and structures shall be so arranged as to permit convenient access for the City’s emergency and service equipment. Fire hydrants, standpipes, other fire protection devices, and also devices providing illumination, may be required to be installed and maintained at the applicant’s expense. 2. Streets and Access Ways. Vehicular and pedestrian streets and access ways shall be required to be dedicated and improved as determined by the Planning Commission as necessary to permit convenient access to all portions of the herein classified property. 3. Landscaping, Walls and Fences, and Screening. Walls, fences, or screen type landscaping shall be provided, maintained and located as determined by the Planning Commission. 17.270.025 - T (Transportation) District Requirements A. Uses Permitted. The following uses are permitted in the T (Transportation) Zone: 1. The operation and maintenance of any transportation business including private rights of way, easements, railroads, railways, pipe lines, pole lines, conduits, bus lines, or airports. Such area shall be used exclusively for such transportation business and appurtenant facilities including passenger stations, electrical substations, and the beautification and protection of such rights of way. 2. Automobile parking areas when developed in accordance with the provisions of this Chapter. B. Prohibited Uses. Construction of any advertising sign or structure and any residential, commercial, industrial or freight storage structure, including above ground parking structures. 17.270.030 - OS (Open Space) District Requirements Land uses allowed within the OS zoning district shall comply with the following provisions, in addition to all applicable provisions of Article 3 (Site Planning and General Development Standards). A. Purpose. 1. Regulate, protect, and preserve publicly accessible land that is well-suited for active recreation, amusement, relaxation, and/or scenic viewing. 2. Provide consistency with and implement policies related to those locations which are designated Open Space on the General Plan Land Use Element Map and in the General Plan text. 3. Provide a means for encouraging and promoting desirable park development and open space preservation that is compatible with surrounding neighborhoods and protects the existing quality of life. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-38 4. Ensure that the development of new parks or other open space, as well as major modifications to existing resources, is compatible with surrounding neighborhoods through the adoption of a Comprehensive Plan showing proper orientation, desirable design characteristics and programming, and compatibility of uses. 5. Establish a set of regulations, requirements, and procedures that preclude any degradation in safety, security, and quality of life for residential properties adjacent to any Open Space Zoned parcels. B. Applicability. 1. The OS Zone shall apply to all parcels designated Open Space on the General Plan Land Use Element Map. 2. The OS Zone shall not be applied to playgrounds, parks and open space areas located on Culver City School District-owned properties. 3. The OS Zone shall not be applied to privately-owned schools. 4. The OS Zone shall not be applied to private recreational facilities and private open space areas within any residential development that are not accessible to the general public. 5. The OS Zone may be established on parcels of land that are suitable for and of a sufficient size to be planned and developed in a manner consistent with the objectives of this Section. The decision of whether a parcel is suitable and sufficient to be zoned OS shall be determined by the City Council, after considering recommendations from the Planning Commission and the Parks and Recreation Commission. 6. All areas designated OS on the official Culver City Zoning Map shall be subject to the provisions and regulations of the OS Zone. 7. The Community Development Director, or her/his designee, shall administer these standards as specified in this Section. C. Comprehensive Plan Requirements 1. A Comprehensive Plan approval, valid for one year, shall be secured for all new development proposed in the OS Zone. 2. All Comprehensive Plans shall comply with Chapter 17.560. 3. All Comprehensive Plans shall be prepared and endorsed by a professional team which shall include a licensed landscape architect, a registered civil engineer, a licensed architect (if any buildings are proposed), and a safety and security professional, of a type to be determined by the Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee; and shall include, but not be limited to the following: a. Site plan showing building(s), various functional use areas, parking and circulation; CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-39 b. Description of development standards, which may include, but not be limited to, building heights, setbacks and parking requirements; c. Preliminary building plans, including floor plans and exterior elevations; d. Landscaping plans, including a plant palette, with preferably native, low maintenance and/or drought-tolerant plants; e. Recreational activity programming plans; f. Lighting and information and directional signage plans; g. Civil Engineering plans, including site grading, public rights-of-way improvements, drainage, trash/recycling areas, and public utility extensions, as necessary; h. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines; i. A maintenance and operations program that addresses, at a minimum, erosion control measures, graffiti and vandalism removal, amenity maintenance and landscape maintenance requirements. The maintenance and operations program shall also include an assessment of long-term amenity and landscape maintenance requirements, replacement schedules, and costs; j. Documentation that the applicant has collaborated with adjacent residents, businesses and all appropriate government agencies throughout the design development process and clearly indicate the respective agencies’ specific responsibilities and jurisdictions with regard to any project. The documentation shall clearly indicate the role and responsibilities of all involved parties; k. Proposed hours of operation and an implementation plan for enforcing hours of operation; and l. The Comprehensive Plan must address the safety and security of open space patrons and adjacent properties through the use of passive security devices including but not limited to landscape design, lighting, and graffiti and vandalism control measures. D. Comprehensive Plan Exemptions 1. All parcels in the OS Zone developed with a City-owned public park or publicly managed facilities as of the effective date of the ordinance adopting this Section, shall not require a Comprehensive Plan unless a new use or alteration is proposed that will significantly intensify the existing use and significantly impact the surrounding community. The Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee, shall jointly determine if a new use or alteration will result in significant intensification or other significant impacts to the surrounding community. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-40 2. The Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee, may administratively approve a new use or alteration that will not result in a significant intensification and significant impacts to the surrounding community, subject to the following findings: a. The proposed changes are consistent with the existing use and operations of the City-owned public park or publicly managed facility; b. The proposed changes will not adversely impact the environment; c. The proposed changes will not be detrimental to the surrounding uses; d. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development; and e. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved Comprehensive Plan. 3. Maintenance, rehabilitation, renovation, and reconstruction of existing structures, that will not alter the site plan, shall not require a Comprehensive Plan. 4. If the Community Development Director and Parks, Recreation and Community Services Director do not reach a consensus determination as required by this subsection, then the Chief Administrative Officer shall make the determination after reviewing the recommendations of the two Directors. 5. All determinations required by this subsection are subject to appeal pursuant to Chapter 17.630. E. Comprehensive Plan Findings. The Planning Commission, in conjunction with a public hearing, and the Parks and Recreation Commission, in conjunction with a public meeting, shall review and make recommendations to the City Council regarding the Comprehensive Plan. The City Council, after a public hearing, may approve, conditionally approve or disapprove a Comprehensive Plan. A Comprehensive Plan may be approved provided the facts submitted and evaluated during the review process support the following findings: 1. The proposed Comprehensive Plan can be substantially completed within 4 years; 2. The proposed development is capable of creating an environment of sustained desirability and stability or adequate assurance will be provided such objective will be attained; 3. The proposed uses will not be substantially detrimental to present and potential surrounding uses but will have a beneficial effect; CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-41 4. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic and the development will not generate traffic that will overload the street network surrounding the OS Zone; 5. The development will account for, and adequately address, parking needs to reduce potential parking impacts to surrounding neighborhoods and on users of the facilities; 6. The proposed development is compatible with the surrounding area; 7. The Comprehensive Plan is in conformance with the General Plan, or a concurrent General Plan amendment is in process; 8. Any exception from standard City land use law, rules or regulation requirement is warranted by the design and amenities incorporated in the Comprehensive Plan and is desired by the City Council; and 9. Existing and proposed utility services are adequate for the proposed uses. 10. The Comprehensive Plan has complied with all applicable City requirements. 11. The proposed development will not degrade the safety and security of residential properties adjacent to any OS Zone. F. Comprehensive Plan Modifications, Major and Minor. 1. Major changes or alterations to an approved Comprehensive Plan shall be considered by the Parks and Recreation Commission at a public meeting and the Planning Commission at a public hearing and each shall make recommendations to the City Council. The City Council may then approve, conditionally approve or disapprove the proposed changes or alterations, after a public hearing. 2. The Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee, may administratively approve minor changes or alterations to an approved Comprehensive Plan, subject to appeal pursuant to Chapter 17.630; provided, that the Community Development Director, or his or her designee, and Parks, Recreation and Community Services Director, or his or her designee, make the following findings: a. The proposed changes are consistent with the intent of the approved Comprehensive Plan; b. The proposed changes will not adversely impact the environment; c. The proposed changes will not be detrimental to the surrounding uses; d. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development; and CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-42 e. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved Comprehensive Plan. 3. If the Community Development Director and Parks, Recreation and Community Services Director do not reach a consensus determination as required by this subsection, then the Chief Administrative Officer shall make the determination after reviewing the recommendations of the two Directors. 4. If the Community Development Director, or his or her designee, and the Parks, Recreation and Community Services Director, or his or her designee (or Chief Administrative Officer, if applicable), determine the above findings cannot be made, then the request shall be considered a major change and referred for Planning Commission for review at a public hearing, the Parks and Recreation Commission at a public meeting and for City Council review at a public hearing. 5. Maintenance, rehabilitation, renovation, and reconstruction of existing structures, that will not alter the site plan, shall not require a Comprehensive Plan or any Comprehensive Plan modification, minor or major. 6. All determinations required by this subsection are subject to appeal pursuant to section 17.630. G. Development Standards. 1. The following development standards shall apply to all OS Zoned properties. a. Unless specifically outlined in this Section, development standards for site area, lot coverage, development intensity, height, setbacks, parking, walls and fences, architectural design, signage, amenities and all other development standards shall be as specified in a Comprehensive Plan approved by the City Council, after considering recommendations from the Planning Commission and the Parks and Recreation Commission. b. Standards for public improvements in the OS Zone shall be governed by all applicable laws, rules and regulations of the City. Exceptions to those standards may be granted by the City Council if the City Council finds such exceptions encourage a desirable environment and are warranted in terms of the total proposed development. Notwithstanding the provisions of this Section and Section 5.04.065, all utilities including telephone, cable television and electric systems required within the OS Zones shall be located underground. c. Bicycle and pedestrian paths and trails shall only be illuminated with low-level bollard or ground level lighting that does not create glare or light spillover to adjacent properties. d. Rest areas, which are small spaces adjacent to a path or trail where users of a path or trail can briefly stop, may be permitted along Ballona Creek pursuant to the following conditions. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-43 i. The City determines that seating areas in a proposed rest area are attractive, relate to the surrounding area, vandal resistant, and are designed in a manner that discourages long-term loitering and climbing. ii. No vending machines shall be permitted. iii. The City determines that the proposed rest area does not interfere with the operation of the bicycle path or the flood control channel. iv. The City determines that the proposed rest area does not degrade the safety and security of adjacent residential properties. v. Rest areas adjacent to residentially zoned parcels may only be permitted with the explicit consent of owners of “primary abutting properties” which are: (a) any property directly abutting the proposed rest area boundary and (b) the next abutting property in either direction; and approval from at least 50% of owners of property extending 100 feet beyond the primary abutting properties in either direction. If the proposed rest area boundary abuts a multi-family residential property of 3 or more units, approval from at least 50% of the residents of any building adjacent to Ballona Creek shall be required. Approval of the proposed rest area location shall be verified by the Community Development Director via a City approved petition form circulated by the project applicant. e. Development or improvements that are immediately abutting residentially-zoned parcels, must be buffered from said parcels to reduce noise, maintain safety and security, and to maintain privacy through the provision of improvements including, but not limited to, any or all of the following: additional landscaping; fencing; vertical separation; and/or horizontal separation. f. Public access points to or from any parcel in the OS Zone may not connect to any private property, with the exception of easements for utility and maintenance services. Public access points connecting to Ballona Creek shall only be located off public rights-of-way in non-residentially zoned areas. g. Telecommunication facilities shall be allowed subject to the approval of a Conditional Use Permit , the requirements of Section 17.400.120 (Telecommunication Facilities) and any other applicable City regulations. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-44 H. Public Notice. 1. Notice of an application for a Comprehensive Plan, modification of an approved Comprehensive Plan, or a zone change to the OS Zone, shall be given pursuant to the requirements of Section 37-116.6. (a), (b), (c), and (d). 2. Notice of an application for a Comprehensive Plan Exemption or a Minor Change to a Comprehensive Plan shall be given pursuant to the following: a. All adjacent property owners and occupants within 300 feet of the boundary of the project site shall be notified of the application by mail at least 21 calendar days prior to the anticipated date of decision by the Directors. The mailed notice shall include a detailed description of the proposed new use or alteration, a contact person, and a location to which public comment can be sent. b. The applicant shall post notice on the project site for at least 21 calendar days prior to the anticipated date of decision by the Directors. The posted notice shall include a detailed description of the proposed new use or alteration, a contact person, and a location to which public comment can be sent. The posted notice shall be located in a conspicuous place on the project site with minimal setback from an abutting public street. 3. Neither posted nor mailed notice shall be required for maintenance, rehabilitation, renovation, landscaping improvements and/or reconstruction of existing structures that will not alter the site plan of an Open Space Zone parcel. I. Approvals. 1. The Community Development Director, or his or her designee, shall schedule complete applications for public hearings before the Planning Commission. 2. The Parks, Recreation and Community Services Director, or his or her designee shall schedule complete applications for the public meetings before the Parks and Recreation Commission. 3. The Community Development Director, or his or her designee, shall schedule complete applications for public hearings before the City Council. 4. Application for change of zone to the OS Zone shall be approved by the adoption of an ordinance or disapproved by resolution of the City Council, after consideration of the Planning Commission and Parks and Recreation Commission recommendations. The Parks and Recreation Commission recommendation shall be provided to the Planning Commission, prior to the Planning Commission public hearing considering the zone change. 5. A Comprehensive Plan shall be approved or disapproved by resolution of the City Council after consideration of the Planning Commission and Parks and Recreation Commission recommendations. The Parks and Recreation Commission CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Special Purpose Zoning Districts 17.270 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-45 recommendation shall be provided to the Planning Commission, prior to the Planning Commission public hearing considering the Comprehensive Plan. 6. The City Council may modify any provisions of this section after consideration of the Planning Commission and Parks and Recreation Commission recommendations. 7. Nothing in this Section shall preclude the Planning Commission, Parks and Recreation Commission from recommending, and the City Council from approving a Comprehensive Plan in concept only and requiring subsequent discretionary review of that Comprehensive Plan. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-46 Chapter 17.280 - OVERLAY ZONES Sections: 17.280.005 - Purpose 17.280.010 - Applicability of Overlay Zones 17.280.015 - Residential Zero Setback Overlay (-RZ) 17.280.020 - Commercial Zero Setback Overlay (-CZ) 17.280.025 - Street Level Use and Design Overlay (-SL) 17.280.030 - Redevelopment Project Area Overlay (-RP) 17.280.035 - Civic Center Overlay (-CV) 17.280.040 - East Washington Boulevard Overlay (-EW) 17.280.005 - Purpose The overlay zones established by this Chapter provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or compatibility issues require particular attention in project planning. 17.280.010 - Applicability of Overlay Zones A. Designation of Property. The applicability of any overlay zone to a specific site is shown by the overlay Zoning Map symbol established by Section 17.200.010 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, CG-EW which represents the General Commercial (CG) zoning district and the East Washington Boulevard Overlay (-EW). B. Applicability of Overlay District Requirements. The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Title. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Title, this Chapter shall control. 17.280.015 - Residential Zero Setback Overlay (-RZ) A. Uses Permitted. 1. One dwelling unit per lot. 2. Accessory buildings and structures provided no such building or structure shall be designed or used for dwelling purposes. 3. Public uses and buildings including libraries, museums, parks, playgrounds, schools and community buildings owned and controlled by the City or school district, if their location is first approved by the City Council. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-47 4. The renting of rooms or the providing of table board to not more than 2 persons is permitted, provided said rooms shall be within the dwelling structure and not within an accessory building. B. Lot Dimensions. 1. Area. Each lot shall have an area of not less than 5,000 square feet. 2. Frontage. The minimum frontage of a lot shall be 35 feet. A non-rectangular lot on a cul- de-sac turn around, knuckle, or on the outside radius of a street curve with a radius of not more than 50 feet shall have a street frontage of not less than 25 feet. 3. Width and depth. Every lot recorded after September 10, 1984, shall have a lot depth approximately twice its width, or vice versa (a 2:1 or 1:2 ratio), except lots which, in the opinion of the Planning Commission or City Council, are constrained by unusual configuration limitations resulting from steep topography, remote access, cul-de-sac turn around, or other extraordinary physical characteristics shall not be strictly held to this requirement. 4. Dwelling floor area. Each dwelling shall have a ground floor area of not less than 900 sq. ft. and a total floor area of not less than 1,700 sq. ft. Said area requirements shall be determined as measured from exterior walls and shall be exclusive of the garage and any porches, patios, balconies or similar architectural features not providing living space internal to the dwelling. C. Dwelling Height. No dwelling structure shall exceed 2 stories or 30 feet in height, provided that roof-mounted antennae may extend a maximum of 15 feet above the highest roofline of the building upon which it is attached. D. Yard Building Setbacks. Each lot shall have one side and a rear yard of not less than 10 feet and a front yard of not less than 13 feet, except that: 1. Garages shall be located to allow a paved on-lot driveway of not less than 23 feet in length and 16 feet in width. 2. Street-abutting side yards shall be not less than 8 feet and side yards abutting property not in the Residential Zero Setback Overlay (–RZ) shall not be less than 5 feet. 3. An average front building setback for both first and second dwelling stories of not less than 18 feet shall be provided. 4. An average one side or rear building setback for both first and second dwelling stories of not less than 15 feet shall be provided. 5. Notwithstanding any other provision of this Code, wholly or partially contiguous residentially zoned lots or portions of lots, which have been improved or are proposed to CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-48 be improved as a single and unified multi-lot residential development, may be considered as a single parcel for the purpose of applying the setback requirements as provided in this section. The Director or Planning Commission may waive non-streetfacing setback requirements for common interior lot lines within the parcel provided all the following conditions are met: a. Setback requirements established by this section are applied to the perimeter lot lines; b. The property owner executes and records a covenant, in a form approved by the City, to hold all lots or portion as one parcel. c. The property owner dedicates a portion of the parcel, pays a fee or does both, for the purpose of providing park and recreational facilities to serve future residents of the multi-lot residential development, in accordance with Section 31-115 of the CCMC. E. Separation Between Dwellings on Adjacent Lots. There shall be an open space area on each lot of not less than 600 square feet with no dimension less than 20 feet, except non-rectangular lots located on a cul-de-sac turn around or knuckle, shall have no dimension less than 15 feet. This open space area shall be exclusive of required front and street abutting side yards and vehicular driveways, and further, shall be subject to the following: 1. The required open space may include side or rear yards. 2. Pools and paved recreational areas may be developed in the required open space. 3. The gradient or slope of any required open space shall not exceed 10%. The open space may be provided on a deck. 4. Such open space shall be fully open to the sky except that architectural projections are permitted as set forth in Section 17.300.020 (Setback Regulations and Exceptions). 5. An accessory building may not occupy any part of the required open space. 6. When adjacent to the required front yard, the required open space shall be screened from the street with a fence or wall, the design of which has been approved by the Director. 7. Pavement in a required front or street-abutting side yard shall not exceed 60% of the required area, except that in non-rectangular lots on a cul-de-sac turn around, knuckle, or on the outside radius of a street curb for the radius of not more than 50 feet, shall not exceed 75% of the required area. F. Off-Street Parking. Each dwelling shall have not less than 2 off-street parking spaces within a fully enclosed garage of not less than 400 square feet. In area which shall be attached to the dwelling. A freestanding garage or carport does not meet this requirement. G. Accessory Structures. Notwithstanding Section 17.400.020, accessory structures shall be subject to the following requirements: 1. No such structure shall be located within a required front or street-abutting side yard. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-49 2. No such building or structure shall be located within 5 feet of a dwelling or another structure no within 2 feet of any interior property line. 3. No such structure shall exceed 10 feet in height without a Conditional Use Permit. H. Special Conditions. 1. Building walls within 4 feet of and facing an interior property line shall have no openings and shall be waterproofed as required by the Building Safety Division, except that walls within 2 feet of an interior property line shall be fully waterproofed. 2. All exterior ground-mounted or roof-mounted appurtenant equipment, such as but not necessarily limited to water heaters, air conditioners, ducting, and swimming pool pumps, shall be screened from view from adjoining properties and fights-of-way in a manner consistent with City standards as determined by the Director. Said equipment shall also be sheltered, insulated or otherwise baffled as necessary to conform to the noise regulations and standards of the CCMC. 3. The minimum site area of an –RZ overlay shall be 5 acres. I. Supplementary Regulations for 4,000 square foot Residential Zero Setback Overlay (–RZ) Subdivisions. The regulations of this section shall apply to Residential Zero Setback (–RZ) lots of less than 5,000 feet. The regulations of subsections 17.280.015 A –G, shall apply also, except that this subsection shall supersede in event of conflict. 1. Lot dimensions. a. Area. Each lot shall have an area of not less than 4,000 square feet. b. Width and depth. Every lot recorded after September 10, 1984, shall have a lot depth approximately twice its width, or vice versa (a 2:1 or 1:2 ratio), except that lots which, in the opinion of the Planning Commission or City Council, are constrained by unusual configuration limitations resulting from steep topography, remote access. cul- de-sac turn around, or other extraordinary physical characteristics shall not be strictly held to this requirement. c. Dwelling floor area. Each dwelling shall have a total floor area of not less than 1,400 square feet. 2. Yard building setbacks. a. Garages shall be located to provide a paved driveway of not less than 20 feet in length as measured from the inside edge of the public sidewalk to the garage door. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-50 b. Subsection 17.280.015.D.4 (Yard Building Setbacks) requiring an average 15 foot side or rear yard shall not apply. 3. Open space. No dimension of the required open space shall be less than 10 feet. 17.280.020 - Commercial Zero Setback Overlay (-CZ) A. Purpose. The Commercial Zero Setback Overlay (-CZ) is intended to preserve and reinforce a traditional city streetscape and create a more pedestrian oriented environment. B. Eligible Sites. The Commercial Zero Setback Overlay (-CZ) overlay shall include the commercially zoned, commercially developed Planned District Zone, properties, and commercial land use areas as designated in the City’s General Plan Land Use Element Map with a property boundary adjacent to any portion of the following streets: 1. Washington Boulevard, except any portion which is included within the boundaries of the East Washington Overlay (-EW) or Commercial Downtown Zone (CD). 2. Culver Boulevard, except that portion which is included in the Commercial Downtown Zone (CD). 3. Sepulveda Boulevard. 4. Overland Avenue. 5. Jefferson Boulevard. 6. Slauson Avenue between Jefferson Boulevard and Hannum Avenue. 7. Hoke Avenue. 8. Willat Avenue. 9. West side of Robertson Boulevard. C. Permit Requirements. The land use permit requirements of this Article applicable to the primary zoning district shall apply to all proposed development and new land uses within the Commercial Zero Setback Overlay (-CZ). D. Development and Land Use Standards. The development and land use standards of this Article applicable to the primary zoning district shall apply to all proposed development and new land uses within the Commercial Zero Setback Overlay (-CZ), except as otherwise provided in Subsection E., below. E. Minimum Setback Requirements for Specific Areas. The first story of proposed buildings or additions to existing buildings that exceed 750 square feet or 10 percent of the original building shall have a zero setback from the street facing property line of any street listed in Subsection B (above). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-51 1. The Director may approve setback modifications on a case-by-case basis: in order to accommodate urban amenities including plazas, hardscape or landscape, public art, fountains, benches, outdoor dining, or other pedestrian amenities; or in instances when such requirements are impractical or infeasible given unique circumstances. 2. Stories above the first may have a zero setback from that street-facing property line, subject to approval of the Director; provided, appropriate design elements are incorporated into the elevations which are consistent with and complementary to the first story elements and which serve to provide a total design which relates to the street and the pedestrian experience. Stories above the first which are not approved by the Director for a zero setback shall be subject to a recessed setback requirement as determined, appropriate by the Director, but in no case less than 5 feet. 3. The Director may require a zero setback for all portion of a building edge along any portion of a street which intersects with any segment of a street listed in Subsection B (above) in order to provide continuity of design if such design is necessary to further the pedestrian oriented objectives of the Commercial Zero Setback Overlay (-CZ). 17.280.025 Street Level Use and Design Overlay (-SL) Pending City Council Action 17.280.035 Redevelopment Project Area Overlay (-RP) Pending City Council Action 17.280.040 Civic Center Overlay (-CV) A. Purpose. The purpose of the Supplemental Civic Center Overlay is to provide a scheme for the harmonious relationship between the proposed and existing Civic Center buildings of the City and any new buildings to be constructed within the area covered by the Civic Center Overlay (- CV). B. Uses Permitted. The uses permitted within the Civic Center Overlay (-CV) shall not be construed to reduce or limit the uses permitted in any zone underlying it. C. Preliminary Plan Review. It shall be required, within the area designated on the zoning map as the Civic Center Overlay (-CV), that preliminary plans and elevations of all proposed buildings and structures shall be submitted to the Director for approval prior to the issuance of a building permit. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-52 D. Review Standards. The Director shall be governed by the following standards in granting approval of plans submitted pursuant to the regulations of this section. The Director shall reasonably determine that the general exterior appearance, design, color, texture of surface materials, height and exterior construction of all proposed buildings and structures within the Civic Center Overlay (-CV) will generally conform in a harmonious manner to the existing and proposed Civic Center buildings. E. Appeal. The Director shall either approve or disapprove of the preliminary plans when submitted and notify the applicant, in writing, of the decision. In the event an applicant desires to appeal the decision of the Director, it may be done so in a manner provided for appeals in Chapter 17.630. 17.280.045 - East Washington Boulevard Overlay (-EW) A. Purpose. The purpose of establishing the East Washington Overlay (-EW) is to provide the special zoning regulations necessary for the successful implementation of the East Washington Boulevard Revitalization Program. B. Eligible Sites. The area included in the East Washington Overlay (-EW) shall be the Washington Boulevard frontage between National Boulevard and Fairfax Avenue as more particularly shown on the City’s adopted zoning map. C. Allowable Land Uses and Permit Requirements. Table 2-11 identifies the uses of land allowed by this Title in each industrial and special purpose zoning district, and the land use permit required to establish each use, in compliance with subsection 17.200.020.B. (Zoning District Regulations). Note: where the last column in the table (See Specific Use Regulations ) includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply. D. Relationship to Development Agreements. Where an Owner-Participation Agreement, Disposition and Development Agreement or Development Agreement applies to a land parcel and the provisions of such agreement differ from the East Washington Overlay (-EW) regulations, the provisions of the agreement shall prevail. E. Development and Land Use Standards. The development and land use standards of this Article applicable to the primary zoning district shall apply to all proposed development and new land uses within the East Washington (-EW) overlay, except as follows. 1. Setback requirements. For R2, RMD, and CG parcels within the East Washington Overlay (-EW), the setback requirements of the CG zone located in Table 2-6 shall apply. For IG parcels within the East Washington Overlay (-EW), the setback requirements of the IG zone located in Table 2-9 shall apply. For front setback requirements in R2, RMD, CG, and IG parcels, see the Front Setback Requirements below (17.280.045.E.2). 2. Front setback requirements. Proposed buildings shall be located adjacent to the common Washington Boulevard/private property line, except that the Director may approve the following setback modifications on a Washington Boulevard parcel frontage, CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 in order to accommodate urban amenities including plazas, hardscape or landscape, public art, fountains, benches, outdoor dining, or other pedestrian amenities. a. A maximum setback of up to one-third the average parcel depth, or 50 feet, whichever is less, for a maximum of 50 feet or 40 percent of the building width, whichever is less; and b. A maximum setback of 15 feet for the remaining portions of the building wall facing Washington Boulevard. Front or street-side setback requirements shall not be applicable to parcel frontages on the side streets intersecting Washington Boulevard. 3. Height limit. 43 feet and three stories shall be the maximum height for structures located on sites within the R2, RMD, and CG districts, which are located adjacent to or across an alley from a residentially-zoned site. 4. Building design - Washington Boulevard frontage. A minimum of 50 percent of the width of a Washington Boulevard-facing building wall above the first story or above 16 feet in height, whichever is less, shall include recessed or extended windows, balconies, offset planes, or other prominent architectural details that provide three-dimensional relief, as approved by the Director. 5. Parking and loading. Parking requirements for the East Washington Overlay (–EW) are included in Chapter 17.320 (Off-Street Parking and Loading). F. Performance Standards. 1. All business activities shall be conducted wholly within a completely enclosed building, with the exception of outdoor dining, plant nurseries, telecommunications facilities, required parking and loading facilities, outdoor retail sales and activities, or similar outdoor uses as determined by the Director. 2. A minimum 6 foot high wall that provides a solid screening effect, and that is aesthetically compatible with surrounding structures as approved by the City, shall be constructed along the common property line between the non-residential use and immediately adjacent residentially zoned property. 3. Buildings and any machinery and equipment shall be constructed, installed, and maintained, and land uses shall be conducted, so as to not be dangerous or offensive to persons residing or conducting business adjacent to or near the site due to dust, gas, noise, odor, smoke, vibration, or other dangers or nuisances to public welfare. Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-53 P CUP AUP See Specific Use Regulations: INDUSTRY, MANUFACTURING & PROCE SSING Fabric products manufacturing, 5,000 sq.ft. or less Fabric products manufacturing, 5,001 to 10,000 sq.ft. Food and beverage manufacturing, 5,000 sq.ft. or less (2) Food and beverage manufacturing, 5,001 to 10,000 sq.ft. (2) Furniture/fixtures manufacturing 5 000 sq ft or less (3) AUP AUP CUP AUP TABLE 2-11 Allowed Uses and Permit Requirements for the -E W (E ast Washington Blv d.) Overlay Permitted Use Conditional Use Permit required Administrative Use Permit Required Use not allowed LAND USE (1) Permit Requirement CUP CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Overlay Zoning Districts 17.280 Article 2 - Zoning Districts, Allowable Land August 2005 – PC Approved Final Draft Uses and Zone-Specific Standards 2-54 P CUP AUP See Specific Use Regulations: RE TAIL TRADE (continued) Outdoor retail sales and display 17.400.075 Pet shops Plant nurseries, retail Restaurants, counter service (2) Restaurants, outdoor dining (2) Restaurants, table service (2) Secondhand shop SERVICE Adult day care facilities Automated teller machines (ATMs) 17.400.025 Banks and financial services Business and consumer support services Child day care centers 17.400.035 Hotels and motels Medical services - Office/clinics (4) Medical services - Labs (4) Medical services - Hospitals Mortuaries Offices Personal services, ex cept psychic readers Vehicle services - Fueling station 17.400.120 Vehicle services - Fueling, incidental repair 17.400.120 Vehicle services - Impound/storage 17.400.125 Vehicle services - Maintenance/repair (5) 17.400.125 Veterinary clinics and animal hospitals (6) 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios Parking facilities Pipelines and utility lines Telecommunications facilities, cellular 17.400.110 Telecommunications facilities, wireless antenna See Section 17.400.110 for permit requirments Notes: (1) See Article 7 for definitions of the land uses listed (2) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.015 (3) If counter service restaurant is stand-alone, then a CUP is required. (4) Excluding animal experimentation. (5) Use only allowed indoors. (6) Use only allowed on a site located a minimum of 200 ft from any residential zone. AUP CUP P P P AUP P AUP P CUP CUP P P CUP P AUP CUP P P CUP P TABLE 2-11 Allowed Uses and Permit Requirements for the -E W (E ast Washington Blvd.) Overlay Permitted Use Conditional Use Permit required Administrative Use Permit Required Use not allowed LAND USE (1) Permit Requirement AUP P P P P P P(3) CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-1 ARTICLE 3 Site Planning and General Development Standards Chapter 17.300 - General Property Development and Use Standards .....................................3-3 17.300.005 - Purpose........................................................................................................3-3 17.300.010 - Applicability................................................................................................3-3 17.300.015 - Access..........................................................................................................3-3 17.300.020 - Setback Regulations and Exceptions.............................................................3-4 17.300.025 - Height Measurement and Height Limit Exceptions ....................................3-8 17.300.030 - Fences, Hedges, and Walls..........................................................................3-9 17.300.035 - Screening.....................................................................................................3-13 17.300.040 - Outdoor Lighting.........................................................................................3-14 Chapter 17.310 - Landscaping..................................................................................................3-15 17.310.005 - Purpose......................................................................................................3-15 17.310.010 - Applicability..............................................................................................3-15 17.310.015 - Definitions...................................................................................................3-16 17.310.020 - Landscape Area Requirements..................................................................3-16 17.310.025 - Landscape Standards ...................................................................................3-20 17.310.030 - Landscape Plan Application Requirements.................................................3-23 17.310.035 - Landscape Design Guidelines .....................................................................3-25 Chapter 17.320 - Off-Street Parking and Loading ...................................................................3-26 17.320.005 - Purpose......................................................................................................3-26 17.320.010 - Applicability..............................................................................................3-26 17.320.015 - General Parking Regulations.......................................................................3-26 17.320.020 - Number of Parking Spaces Required ........................................................3-27 17.320.025 - Alternative Parking Provisions..................................................................3-33 17.320.030 - Handicapped Parking ................................................................................3-35 17.320.035 - Parking Design and Layout Standards ......................................................3-35 17.320.040 - Driveway and Site Access Standards ........................................................3-41 17.320.045 - Bicycle Parking ...........................................................................................3-42 17.320.050 - Loading Area Requirements......................................................................3-42 Chapter 17.330 - Signs.................................................................................................................3-45 17.330.005 - Purpose......................................................................................................3-45 17.330.010 - Applicability..............................................................................................3-45 17.330.015 - Definitions...................................................................................................3-45 17.330.020 - Sign Standards by Zoning District ............................................................3-49 17.330.025 - Standards for Specific Types of Signs ......................................................3-54 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-2 17.330.030 - General Requirements for All Signs..........................................................3-62 17.330.035 - Prohibited and Restricted Signs ................................................................3-64 17.330.040 - Signs in the Public Right-of-Way ...............................................................3-66 17.330.045 - Non-Conforming Signs ............................................................................3-67 17.330.050 - Sign Permit Requirements...........................................................................3-69 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-3 Chapter 17.300 - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS Sections: 17.300.005 - Purpose 17.300.010 - Applicability 17.300.015 - Access 17.300.020 - Setback Regulations and Exceptions 17.300.025 - Height Measurement and Height Limit Exceptions 17.300.030 - Fences, Hedges, and Walls 17.300.035 - Screening 17.300.005 - Purpose The provisions of this Chapter address details of site planning, project design and operation and are intended to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, protects the use and enjoyment of neighboring properties and is consistent with the General Plan. 17.300.010 - Applicability A. Standards. The standards of this Chapter shall be considered in combination with the standards for each zoning district in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). Where there may be a conflict, the standards specific to the zoning district shall override these general standards. B. Compliance. All structures, additions to structures, and uses shall comply with the standards of this Chapter as determined applicable by the Director, except as specified in Chapter 17.630 (Nonconforming Uses, Structures, and Parcels). 17.300.015 - Access A. Access to Streets. 1. Every structure shall be constructed upon, or moved to, a legally recorded parcel with a permanent means of access to a public street in compliance with City standards. 2. All structures shall be properly located to ensure safe and convenient access for servicing, fire protection, and required parking. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-4 3. Parcels located on a private street that were legally established before the effective date of this Title, are exempt from the required compliance with the latest adopted City standards for private streets. B. Pedestrian Access. All multi-family residential, non-residential, or mixed use developments shall provide a minimum of one pedestrian walkway of no less than 4 feet in width from each adjoining street frontage connecting said street with either the main building entrance or common pedestrian corridor, as deemed necessary and appropriate by the Director. C. Access to Accessory Structures. Accessory structures and other on-site architectural features shall be properly located to ensure that they do not obstruct access to main structures or accessory living quarters. Also refer to Section 17.400.020 (Residential Accessory Uses and Structures). 17.300.020 – Setback Regulations and Exceptions This Section establishes standards to ensure the provision of open areas for access to and around structures, access to natural light and ventilation, landscaping, recreation, separation of incompatible land uses, and space for privacy, traffic safety, and visibility. A. Setback Requirements. 1. All structures shall conform to the setback requirements identified for each zoning district by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards), and with any special setbacks established for specific uses by this Title. 2. All setbacks shall be open and unobstructed from the ground upward, except for trees and other plant materials and except as provided in this Section. B. Exemptions from Setback Requirements. The minimum setback requirements of this Title shall apply to all uses/structures except for the following: 1. Fences or walls constructed within the height limitations of this Title; 2. Decks, with or without hand rails, steps, terraces, and other site design elements that are placed directly upon the finish grade and are up to 24 inches above the surrounding finish grade. C. Limitations on Use of Setbacks. Required setback areas shall only be used as follows: 1. Structures. Required setback area shall not be occupied structures other than: a. Structures that are exempt from setback requirements by Subsection B; b. Residential accessory structures located within setback areas in compliance with Section 17.400.100 (Residential Uses – Accessory Residential Structures). 2. Parking. Residential Parking is allowed within a required setback only on driveways in compliance with Section 17.320.040 (Driveway and Site access Standards). CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3. Storage. Front or street side setbacks shall not be used for the storage of inoperable vehicles, scrap, junk, or similar materials. D. Measurement of Setbacks. Setbacks shall be measured as follows, see Figure 3-1: Figure 3-1 - Location and Measurement of Setbacks 3-5 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 1. Front setback. The front setback shall be measured at right angles from the nearest point on the front property line to the nearest wall of the structure, except as follows: a. Corner parcels. The setback measurement of corner parcels shall be taken from the nearest point on the structure to the nearest point of the property line adjoining the street that is opposite the rear yard. b. Flag lots. The setback measurement of flag lots shall be taken from the nearest point on the wall of the structure facing the street to the point where the access strip (“flag pole”) meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2, below: Figure 3-2 Flag Lot 2. Side and street side setback. The side and street side setbacks shall be measured at right angles from the nearest point on the side property line to the nearest wall of the structure, establishing a setback line parallel to the side property line, that extends between the front and rear yards. 3. Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest wall of the structure, establishing a setback line parallel to the rear property line that extends between the side yards. 3-6 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-7 E. Allowed Projections into Setbacks. Architectural features may extend into the front, side, and rear setbacks, as well as required open space, in compliance with Table 3-1, below: TABLE 3-1 Allowed Projections into Setbacks Maximum Projection into Setback Projecting Feature Front Side Rear Awnings, Canopies - Residential Zone 18 inches 18 inches 18 inches Awnings, Canopies - Non-Residential Zone 3 ft or 25% of required setback, whichever is greater. 3 ft or 25% of required setback, whichever is greater. 3 ft or 25% of required setback, whichever is greater. Balconies and Stairways open and unenclosed by other than railings - Residential Zone 18 inches 18 inches 18 inches Balconies and Stairways open and unenclosed by other than railings - Non- Residential Zone 3 ft or 25% of required setback, whichever is greater. 3 ft or 25% of required setback, whichever is greater. 3 ft or 25% of required setback, whichever is greater. Bay Windows - Residential Zone 18 inches 18 inches 18 inches Bay Windows - Non-Residential Zone 3 ft or 25% of required setback, whichever is greater. 3 ft or 25% of required setback, whichever is greater. 3 ft or 25% of required setback, whichever is greater. Chimney 18 inches 18 inches 18 inches Cornices 18 inches 18 inches 18 inches Eaves, Roof overhangs, at least 8 ft above grade. 24 inches 24 inches 24 inches Equipment - Air conditioners, electric and gas meters, water heaters 24 inches None 24 inches Equipment – Pool and Spa None None No Limit Porch, Deck, or Landing - covered but otherwise unenclosed (not higher than the first story line) with a width no greater than 9 ft or 25% of the maximum dwelling unit width, whichever is greater. 5 ft None 5 ft Porch, Deck, or Landing - uncovered, more than 24 inches above grade. 5 ft None No Limit Porte Cochere or Carport with no less than 7 ft of vertical clearance above a driveway. None To within 6 inches of an interior side property line only. 5 ft Utility Risers, Rain Gutters, Downspouts, etc. 12 inches 12 inches 12 inches Wing Walls not exceeding the building height. None To within 6 inches of an interior side property line only. None F. Setback requirements for Specific Structures. Hot tubs, swimming pools, spas and other water elements intended for human occupancy may be allowed within a required rear or side setback, provided that it is located no closer than 3 feet to any property line. Ponds and other water CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft elements not intended for human occupancy and do not exceed a height of 24 inches may be placed within any required setback. 17.300.025 - Height Measurement and Height Limit Exceptions All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Section 17.300.030 (Fences, Hedges, and Walls), and the allowable exceptions identified in Subsection C. (Exceptions to Height Limits), below. A. Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards). B. Height Measurement. The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-3, below. “Existing Grade” shall be established by the Director, consistent with parcels in the immediate vicinity, and shall not be, nor have been artificially raised to gain additional building height. Figure 3-3 Height Measurement 3-8 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-9 C. Exceptions to Height Limits. Exceptions to the height limits identified in this Title shall apply in the following manner: 1. Notwithstanding any other regulation of this Title, the City Council, after consideration of recommendation of the Planning Commission, may by resolution establish a maximum building height for new construction in the Redevelopment Project Area, consistent with the Design for Development established by the Redevelopment Agency. 2. In multi-family residential zones and non residential zones roof-mounted structures for the housing of mechanical equipment, antennas, elevators, lofts, stairways, tanks, towers, ventilating fans, or similar equipment required to operate and maintain the structure, shall be allowed, up to a maximum of 13 feet 6 inches above the height of a building. Any roof mounted structure shall be set back from the edge of the structure a minimum of 1 foot for every foot in height above the roof of which they are situated. 3. Fire or parapet walls may extend up to 5 feet above the allowable height limit of the structure, and as may otherwise be required by the California Building Code. 4. In non-residential zones, architectural features that are non-habitable design elements such as spires, turrets, bell towers, clock towers, cupolas and similar design elements as determined by the Director, shall be allowed, up to a maximum of 13 feet 6 inches above the height of a building and are limited to 15 percent of the total roof area. 5. Chimneys may project up to 4 feet above the height of the building. 17.300.030 - Fences, Hedges, and Walls A. Applicability. Fences, halls and wedges shall be installed and maintained in compliance with this Section. These regulations do not apply to fences required by the City for reasons of public safety. B. General Height Limitations. Fences, hedges, and walls shall comply with the height limitations of Table 3-2. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-10 TABLE 3-2 Maximum Height Of Fences, Hedges, and Walls Location Maximum Height (1) Additional Requirements Residential Zone - Within the required front setback. 4 ft (2) When within 10 ft of a public street right-of-way and 5 ft of the intersection of the driveway or alley with the public street right-of-way, the portion of the fence or wall above 30 inches in height shall be of an openwork design (e. g., wrought iron or other material allowing visibility) as approved by the Director to ensure adequate visibility for pedestrian and vehicular traffic. Residential Zone - Within a 15 ft intersection safety sight line. 4 ft (2) The portion of the fence or wall above 30 inches in height shall be of an openwork design (e. g., wrought iron or other material allowing visibility) as approved by the Director to ensure adequate visibility for pedestrian and vehicular traffic. See Figure 3-4 Residential Zone – Within a 5 ft side or rear yard driveway safety sight line. 4 ft (2) The portion of the fence or wall above 30 inches in height shall be of an openwork design (e. g., wrought iron or other material allowing visibility) as approved by the Director to ensure adequate visibility for pedestrian and vehicular traffic. See Figure 3-4 Residential Zone – Within a required side or rear setback. 6 ft (3)(4) A fence or a wall on a side or rear property line that abuts a public street right-of-way shall have a minimum 1 ft landscaped setback. Non-Residential Zone – Within the required front setback or street abutting setback area. 4 ft None Non-Residential Zone – between a public street right-of-way and parking area. 4 ft The Director may approve an openwork (e.g., wrought iron) security fence not to exceed 8 ft in height subject to conditions of approval deemed reasonable and necessary to protect the public interest including the design and setback of the fence and landscaping adjoining the fence. Non-Residential – Within 10 ft of the intersection of a driveway and a public sidewalk. 4 ft None Non-Residential – Along an interior property line that abuts a residential zoning district. 8 ft None Non-Residential – Along an interior property line that abuts a non- residential zoning district. 9 ft None Notes: (1) Ornamental features including finials, caps or other decorative elements may exceed the height limitations by 6 inches above the top of a wall or fence a minimum distance of 4 feet apart. (2) A wrought iron or similar decorative openwork fence incorporating solid masonry pilasters that are no more than 16 inches thick and less than 10 feet apart shall be considered to provide adequate visibility and therefore, may meet the 4-foot rather than 30-inch height restriction (3) The maximum six foot height is not applicable to hedges or other landscaping within a required side or rear setback. (4) Any fence, wall or hedge may be required to be a maximum of 4 feet in height for safety sightline purposes as deemed necessary and appropriate by the Director. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft Figure 3-4 Measurement of Fence Height C. Measurement of Height. For purposes of this Subsection, a wall or fence that is located within 5 feet of a public street right-of-way shall be measured from the grade of the abutting public right-of-way, except in cases where severe or unusual slope conditions exist, in which case an alternative basis for measurement may be determined by the Director. The height of a wall or fence located along an interior property line shall be measured from the higher natural or established grade of the two abutting properties. D. Special Wall and Fencing Requirements. 1. Jacuzzi, spa, swimming pools, and similar features. Jacuzzi, spa, swimming pool, or similar outdoor water features shall be fenced in compliance with the Uniform Building Code. 2. Outdoor equipment, storage, and work areas. Screening of outdoor uses and equipment shall be provided in compliance with Section 17.300.035 (Screening). 3. Temporary fencing. Temporary fencing may be approved as deemed necessary and appropriate by the Director. 3-11 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 4. Address numbers. If a fence obstructs the view of a property address from the street right of way, the address numbers shall be located on the fence so that they are clearly visible from the street right of way. E. Lighting Fixtures. 1. Along streetfacing property line. Decorative lighting fixtures may be placed on top of a fence along a streetfacing property line, provided that the fixtures: a. Are an integral part of the fence design; b. Extend no more than 16 inches above the maximum height allowed; and c. Reflect light down and away from adjoining property so the intensity of the light emitted does not create a public nuisance or offense in compliance with other applicable Municipal Code provisions. 2. Along interior property line. Lighting fixtures may be attached to the side of a fence along an interior property line, provided that they do not project above the top of the fence. F. Security Fencing. Fences shall not incorporate electrical currents, razor ribbon, and/or pointed, protruding, or sharp objects or elements, except as provided in Subsection G. (Barbed Wire Fencing), immediately below. Exception: Wrought iron fences may incorporate decorative arrowhead and curved point tips. G. Barbed Wire Fencing. The Director may approve a fence incorporating barbed wire if: 1. Not abutting residential. The fence is erected or maintained on a property line that does not abut a residential zoning district; 2. Clearance of support arms. The barbed wire is supported by arms that attach to a fence that has a minimum height of 8 feet above finish grade; 3. Design of support arms. The arms that support the barbed wire rise at a 45 degree angle on the inside of the fence beginning at minimum height of 6 feet 6 inches above finish grade to a maximum height of 8 feet above finish grade; 4. Fence design. The fence is either woodlink, industrial privacy, or similar type that the Director agrees will conceal the barbed wire from public view from immediately outside the fence; 5. Setbacks. All required setbacks are met; and 6. Warning signs. Warning signs, at least 8½ by 11 inches in size, are posted no more than 10 feet apart on the outside of the fence that does not abut an interior property line. The sign shall have letters at least one inch in height and shall give sufficient warning that the fence incorporates barbed wire. 3-12 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-13 H. Administrative Waiver. The Director may administratively approve fences that exceed the maximum heights identified in this Subsection, if at least one of the following circumstances exists: 1. A City verified nuisance or criminal activity exists on the property or within the nearby area; 2. The property has exceptional or extraordinary geographical circumstances; 3. A residential front setback is located on a designated primary arterial. The fence may be of solid or opaque material, but shall not exceed 4 feet in height; or 4. The fence is located within a street abutting setback of a guard-gated residential development, provided that the fence: a. Has a landscaped setback at least equal in-depth, on average, to the height of the fence; b. Is of a decorative, non-obtrusive design suitable to the development and its surroundings as approved by the Director; and c. Does not exceed 8 feet in height. 17.300.035 - Screening A. Compliance. This Section establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas. B. Screening Between Different Land Uses. 1. An opaque screen consisting of materials such as solid masonry wall and/or plant material, a minimum of 6 feet in height, shall be installed along parcel boundaries whenever a commercial or industrial development adjoins a residential zoning district. 2. The maximum height of the walls shall comply with the provisions of Section 17.300.030 (Fences, Hedges, and Walls). 3. The walls shall be architecturally treated on both sides, subject to the approval of the Director. C. Mechanical Equipment, Loading Docks, and Refuse Areas. 1. Mechanical equipment (e.g., air conditioning, heating, exhaust, and ventilation ducts, etc.), loading docks, refuse and recyclable materials storage areas, and utility services shall be screened from public view from adjoining public streets and rights-of-way and surrounding area(s) zoned for residential or open space uses. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-14 2. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style. 3. Plant materials shall be installed adjacent to the walls, at the discretion of the Director, in compliance with Chapter 17.320 (Landscaping). 4. All mechanical equipment screening shall be subject to review and approval by the Director and Fire Department. D. Outdoor Storage and Work Yards. Uses with outdoor storage of materials, recycling facility processing centers, waste resource and waste recycling operations, and similar uses shall comply with the following: 1. Outside storage and work areas shall be screened with a solid sight-obscuring masonry wall, a minimum of 6 feet in height, of a type and design approved by the Director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair; and 2. Site operations in conjunction with outdoor uses, including the loading and unloading of equipment and materials, shall be conducted entirely within the walled area. 17.300.040 – Outdoor Lighting A. General Standards for Outdoor Lighting. Exterior lighting shall comply with the following requirements: 1. All lighting fixtures shall be architecturally integrated with the character of the structure. 2. All lighting shall be energy-efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site and shall be directed downward and away from adjoining properties and public rights-of- way. 3. Permanently installed lighting shall not blink, flash, or be of unusually high intensity or brightness. 4. Timers, where acceptable, shall be used to turn off lights during hours when they are not needed. 5. Uniformity or, where appropriate, compatibility of lighting type (i.e., height, wattage, energy efficiency, base support, finish material, texture, color and style of poles and luminaires) shall be provided 6. Landscaping and pedestrian walkway lights shall be low profile. 7. Freestanding light poles and luminaires shall not exceed 18 feet in height. 8. Security lighting shall be provided at all entrances/exits, except in a residential zone. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE General Property Development and Use Standards 17.300 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-15 Chapter 17.310 - LANDSCAPING Sections: 17.310.005 - Purpose 17.310.010 - Applicability 17.310.015 - Definitions 17.310.020 - Landscape Area Requirements 17.310.025 - Landscape Standards 17.310.030 - Landscape Plan Application Requirements 17.310.035 - Landscape Design Guidelines 17.310.005 - Purpose The purposes of this Chapter are to: A. Establish uniform landscape standards for new projects, as well as provide a mechanism to require the upgrade of existing landscaping in developments when improvements are proposed. B. Enhance the aesthetic appearance of developments throughout the City by providing standards related to the quality and functional aspects of landscaping. C. Increase compatibility between abutting land uses and between land uses and public rights-of- way by providing landscape screening or buffers. D. 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. E. Enhance and increase the compatibility of abutting land uses and public rights-of-way by providing landscape screening and buffers where appropriate. 17.310.010 - Applicability A. New projects. All new proposed development shall provide landscaping in compliance with the requirements of this Chapter as applicable. B. Existing uses. In the case of an existing use, if the amount of required landscaping cannot be accommodated because of existing buildings or other physical constraints of a site, the applicant shall provide landscaping toward meeting the landscape requirements that the Director determines can be reasonably accommodated. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-16 C. Exceptions. This Chapter shall not apply to landscaping for single-family, two-family and three-family residential projects other than for specific setback requirements (Section 17.310.020.A) and maintenance requirements (Section 17.310.025.E). 17.310.015 - Definitions Hardscape Areas. Areas including patios, decks, walkways and paving. Hydrozone. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). Landscaped Area. The entire parcel less the building footprint, driveway, parking area, and hardscaped area. Water features are included in the calculation of the landscaped area. Landscaping. Areas that include live plant materials (trees, shrubs, vines, ground cover or turf ) in containers or at grade. Overspray. Water that is delivered beyond the landscaped area. Parkway. Land area between street curb and sidewalk. Runoff. Water that is not absorbed by the landscaping to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a severe slope. Street Trees. Trees planted within a public street right-of-way. Turf. A single-bladed grass or sod. 17.310.020 - Landscape Area Requirements Landscaping shall be provided in the locations specified below. A. Setbacks. All setback and open space areas not occupied by driveways, parking areas, walkways, building projections and approved hardscape areas, shall be landscaped, except where a required setback is screened from public view or it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Chapter. For single family, two family and three family residential projects all street facing setback areas shall be landscaped within six months of occupancy. Such areas shall be landscaped with live plant materials for a minimum of 75 percent of the subject area, subject to the discretion of the Director. B. Unused Areas. All areas of a project site or a vacant lot not intended for a specific use, including areas held for future development, shall be landscaped unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Chapter. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft C. Parking Areas and Parkways. Parking areas shall be landscaped in compliance with the following requirements: 1. Plant materials. Plant materials shall be evenly-distributed throughout the parking lot using a combination of trees, shrubs, and ground cover. 2. Curbing. Areas containing plant materials shall be bordered by a concrete curb at least 6 inches high and 6 inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles may be approved by the Director. 3. Location of landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands. 4. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of 2 feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a 2-foot bumper overhang while maintaining the required parking dimensions. See Figure 3-5 below: Figure 3-5 Bumper Overhang area 5. Parking lot perimeter landscaping. Parking area perimeters shall be landscaped as follows. The Director may adjust the tree spacing requirements of this Subsection based upon the growth characteristics and proper maintenance practices for the species of trees proposed. See Figure 3-6, next page: 3-17 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft Figure 3-6 Parking Lot Perimeter Landscaping Requirements a. Adjacent to streets. Parking areas for nonresidential uses adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area with a minimum width of 5 feet (inside dimension). i. Screening plant materials. The landscaping shall be designed and maintained to screen cars from view from the street and plant materials shall be selected to provide a minimum height of 36 inches at time of planting. The Director may approve screening of less than 36 inches when deemed necessary to protect the public interest. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices to meet the intent of this requirement; however screening materials may not use only solid masonry walls without plant cover. 3-18 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-19 ii. Shade trees. Shade trees shall be provided at a minimum rate of one for every 20 linear feet of landscaped area, and may include areas of clustered trees. b. Adjacent to residential use. Parking areas for nonresidential uses adjoining residential uses shall be designed to provide a landscaped planting strip between the parking area and the common property line bordering the residential use with a minimum width of 5 feet (inside dimension). One tree shall be provided for each 20 linear feet of the landscaped planting strip. i. A solid masonry wall with a minimum height of 6 feet shall be provided along the property line to address land use compatibility issues such as nuisance noise and light or glare. ii. For properties adjoining alleys a landscape strip of 2 feet shall be provided on the public right of way side of a required masonry wall. 6. Interior parking lot landscaping. Landscaping is required within parking lots to provide shade, reduce pavement heat gain, and soften the appearance of large paved areas (See Figure 3-7). a. Planter islands. Planter islands with a minimum width of 5 feet (inside dimension) and at least one tree shall be provided at the beginning and end of every parking row. In addition, a planter island with a shade tree shall be provided at least every 4 spaces within a parking row. b. Larger projects. Parking lots with more than 150 spaces shall provide a concentration of landscape elements at primary entrances. Such elements may include specimen trees, flowering plants, enhanced paving, and project identification. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft Figure 3-7 Examples of Interior Parking Lot Landscaping EXAMPLE 1 EXAMPLE 2 17.310.025 - Landscape Standards A. General Requirements. 1. Minimum width of landscaped areas. Landscaped areas that may be counted toward required landscaping shall have a minimum width of 3 feet, exclusive of the curb, wall, and footing below. In addition, the landscaped tree planters shall have a minimum width of 4 feet in compliance with Subsection B.1.d., below. 2. Concrete curb required. When near a parking area or drive aisle, landscaping shall be protected with a minimum 6-inch high concrete curb above the surrounding pavement or ground level. 3. Maintenance required. Landscaping shall be continuously maintained free of weeds, debris, litter or temporary signage. This is intended to include proper pruning of trees and shrubs, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular water of all plants. 3-20 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-21 4. Irrigation required. All landscaped areas shall be provided with a permanent automatic irrigation system. This watering system shall consist of piped water lines terminating in an appropriate number of sprinklers or hose bibs to insure a sufficient amount of water for plants within the landscaped area. B. Planting Material. 1. Trees. a. Trees shall be planted a minimum of 3 feet from any structure or wall. b. Newly planted trees shall be staked in compliance with City standards. c. The minimum width of planters containing trees shall be 4 feet clear, interior dimensions, exclusive of curbs, walls, and footing below. d. Trees in landscape planters less than 10 feet in width or located closer than 5 feet from pavement, curbs, or a permanent structure shall be provided with root barriers as determined necessary by the Director. e. Number of Trees: i. Parking Area: Refer to 17.340.020.C. ii. Street setbacks: 1 per 250 square feet of landscaped area. iii. Balance of site: 1 per 500 square feet of landscaped area. iv. Street trees: 1 per 25 foot length of street frontage. The Director may modify this requirement based on spread of tree at maturity. f. Minimum tree container sizes for all trees on a site shall be specified as follows: i. At least 20 percent of the trees shall be 36-inch box size or larger ii. At least 30 percent of the trees shall be 24-inch box size or larger iii. The remaining 50 percent shall be 15-gallon size or larger. The Director may accept certain species of onsite trees at less than 15-gallon size if it is determined that the survival/establishment chances are enhanced when planted at a smaller size. iv. The Director may modify the minimum tree container sizes required based on site conditions. g. Street trees shall be 24-inch box size or larger. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-22 2. Ground cover and shrubs. a. All landscaped areas should consist of drought tolerant plant materials wherever possible. b. Artificial shrubs, groundcover, or turf shall not be allowed. c. Crushed rock, redwood chips, pebbles, stone, and similar materials may be allowed up to 10 percent of the total required landscape area. d. All shrubs shall be planted from a minimum 5-gallon size containers. One-gallon size containers may be allowed for shrubs that are not commonly available in 5-gallon size containers, subject to approval by the Director. e. Ground cover shall be generally spaced at a maximum of 6 to 8 inches on center. When used as ground cover, minimum 1 gallon sized shrubs may be planted 18 to 24 inches on center. C. Plant selection and grouping. 1. Plants having similar water use shall be grouped together in separate high, medium, and low hydrozones. 2. Plants shall be selected appropriately based upon their adaptability to the climatic, geological, and topographical conditions of the site. The use of drought-tolerant plant materials and locally appropriate California Native Plants is encouraged wherever possible. D. Irrigation. 1. Runoff and overspray. a. Soil types and infiltration rate shall be considered when designing irrigation systems. b. Irrigation systems shall be designed to eliminate runoff, overspray or other similar conditions where any water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. c. Proper irrigation equipment and schedules, including repeat cycles, shall be used to closely match water application rates to soil infiltration rates to eliminate runoff. 2. Equipment. a. A separate landscape water meter shall be installed for all projects except for any project with a landscaped area of less than 5,000 square feet. b. Automatic control systems, including an automatic rain shut-off device, shall be required for all irrigation systems. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft c. Plants that require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water requirements shall be used in that area. d. Anti-drain (check) valves shall be installed at strategic points on all slopes to prevent low-head drainage. e. Irrigation heads and emitters shall have matched precipitation rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. E. Maintenance. 1. Irrigation equipment shall be continuously maintained in good working condition to assure water conservation, eliminate overspray and runoff. 2. Litter and weeds shall be removed from all landscaped areas on a regular basis. 3. Turf areas shall be mowed and fertilized on a regular basis and be kept green. Accumulations of leaves, twigs, bark, and other similar materials shall be removed on a regular basis. 4. Landscaping shall be maintained in a manner consistent with a project’s approved final landscape plan. Maintenance of the approved landscaping shall consist of regular watering, pruning, fertilizing and mulching under a schedule approved as part of the landscape plan. 5. Landscaping maintenance shall include the removal of dead, decayed, diseased, or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement, or maintenance as determined by the Director. 6. All landscaping which, due to lack of maintenance, accident, damage, disease, or other cause, fail to show a healthy appearance and growth, shall be replaced. Replacement plants shall conform to all standards that govern the original planting installation, approved landscaping plan, or as approved by the Director. 7. Before a Certificate of Occupancy is issued, a landscape maintenance agreement shall be filed with the Division insuring continued maintenance of the landscaping. 17.310.030 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 and shall include the following minimum information: 1. Proposed and existing buildings and structures. 3-23 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-24 2. Proposed parking areas. 3. Proposed landscaped areas 4. A calculation of the total landscaped area. 5. Preliminary list of plant materials. B. Final Landscape Plan. Following approval of a land use permit a final landscape and irrigation plan prepared and signed by a California licensed landscape architect or licensed landscape contractor, shall be submitted as part of the application for a building permit. The final landscape and irrigation plan shall include the following minimum information. Other information as deemed necessary by the Director, including a grading design plan, hardscape plan, and/or soils analysis may also be required. 1. Landscape design plan specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies the following: a. Plant materials, trees, shrubs, groundcover, turf, and other vegetation. In addition to the new plant materials, all existing plants to remain and all existing plants to be removed or relocated shall be identified. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated. b. Property lines and street names. c. Streets, driveways, walkways, steps, and other paved areas. d. Pools, ponds, water features, fences, and retaining walls. e. Designation of hardscape areas. f. Existing and proposed buildings and structures including pad elevations, if applicable. g. Natural features including rock outcroppings, existing trees, and existing shrubs that will remain. h. Tree staking, plant installation, soil preparation, and any other applicable planting and installation details. i. A calculation of the total landscaped area and percentage of turf area. j. Designation of recreational areas. k. Landscape installation specifications. l. Landscape maintenance specifications including landscape contractors maintenance period. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Landscaping 17.310 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-25 2. Irrigation design plan specifications. The irrigation design plan shall be drawn on project base sheets, at the same scale as the landscape design plan, and shall accurately identify: a. Location and size of separate water meters for the landscaped areas as required, including service line and size. b. Location and size of the point of connection (POC) for the existing or modified irrigation system. c. Location, type and size of all components of the irrigation system including automatic controllers, main and lateral, valves, sprinkler heads, moisture-sensing devices, rain switches, quick couplers, backflow prevention devices, and automatic rain shut off devices. d. Static water pressure at the point of connection to the public water supply. e. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each remote control valve and head radius or water coverage for each head (diameter for full heads). f. Estimated annual water use expressed in inches per square foot of landscaped area per year. g. Hydrozones of high, medium, and low water usage shall be differentiated by color or patterning. All plants listed on the plant list or legend shall be classified and grouped by category of hydrozone. C. Certificate of Completion. A Certificate of Completion signed and sealed by the licensed landscape architect or licensed landscape contractor that prepared the plans and submitted after installation and inspection of the project shall be required prior to issuance of a Certificate of Occupancy. 17.310.035 Landscape Design Guidelines. This section is intentionally left blank until Landscape Design Guidelines are developed. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-26 Chapter 17.320 - OFF-STREET PARKING AND LOADING Sections: 17.320.005 - Purpose 17.320.010 - Applicability 17.320.015 - General Parking Regulations 17.320.020 - Number of Parking Spaces Required 17.320.025 - Alternative Parking Provisions 17.320.030 - Handicapped Parking 17.320.035 - Parking Design and Layout Standards 17.320.040 - Driveway and Site Access Standards 17.320.045 - Bicycle Parking 17.320.050 - Loading Area Requirements 17.320.005 – Purpose This Chapter establishes regulations to ensure that sufficient off-street parking and loading facilities are provided for all uses and that parking and loading facilities are properly designed and located to meet the needs of specific uses. 17.320.010 - Applicability Every use and structure, including a change or expansion of a use or structure shall provide parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed. 17.320.015- General Parking Regulations A. Parking and Loading Spaces to be Permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve during the life of the use. The Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use with the approval of a Temporary Use Permit (See Section 17.520) or during construction activities. B. Parking and Loading to be Unrestricted. Owners, lessees, tenants, or persons having control of the operation of a premise for which parking or loading spaces are required shall not prevent, prohibit or restrict authorized persons from using these spaces. C. Restriction of Parking Area Use. Required off-street parking, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of motorized, operative vehicles. In all non-residential and in the front setback area of residential zones, parking areas shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this Title. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-27 D. Located on Same Site. Parking and loading facilities shall be located on the same site with the use the facilities serve. However, off-site parking may be permitted subject to the requirements of Section 17.350.025 (Alternative Parking Provisions). E. Located Off-Street. All parking and loading facilities required by this Chapter shall be provided off-street and shall not be located within any public street, sidewalk, alley, or parkway, unless expressly allowed by other provisions of this Title. F. Unimproved Areas. Portions of a parking area not improved for parking or loading facilities or needed for vehicular circulation shall be landscaped in compliance with plans approved by the City. G. Surplus Parking. The provisions of this Chapter shall also apply to parking and loading facilities provided in excess to those required, unless otherwise expressly stated in this Title. 17.320.020 - Number of Parking Spaces Required Each use shall provide at least the minimum number of parking spaces required by this Section. A. Parking Requirements by Land Use. Each land use shall be provided the number of parking spaces required by Table 3-3, except where a greater number of spaces are required through a conditional use permit or other permit approval; or where parking requirements are adjusted in compliance with Section 17.320.025 (Alternative Parking Provisions). B. Basis for Calculations. In any case where Table 3-3 establishes a parking requirement based on the floor area of a use in a specified number of square feet (e.g. 1 space per 350 sf), the floor area shall be construed to mean gross floor area. 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. C. Multi-Tenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use, except where: 1. The site qualifies to be considered a shopping center and the parking ratio shall be that required for the shopping center as a whole as provided in Table 3-3. 2. The site qualifies for shared parking in compliance with Section 17.320.025.E. D. Non-Residential Change of Use, Expansion of Structure. 1. When the use of a structure changes to a use that is required by Table 3-3 to have the same number of parking spaces as the immediately previous use, no additional parking spaces shall be required for the new 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. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-28 3. 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 Title for the immediately previous use and the total number of spaces required by the new use. E. Residential Additions. Additions to single family homes, duplexes or triplexes that result in no more than four bedrooms per unit are not required to provide additional parking to meet the parking requirement of Table 3-3. However, additions resulting in five or more bedrooms per unit shall provide the minimum parking required by Table 3-3. F. Uses Not Listed. Parking for land uses not specifically listed by Table 3-3 shall be provided based on the most similar use in the table as determined by the Director. G. Bench or Bleacher Seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be not less than 18 inches of continuous bench space for the purpose of calculating the number of required parking spaces. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-29 H. Table 3-3. Parking Requirements by Land Use. 1. Residential uses. Table 3-3A Land Use Type: Residential Vehicle Spaces Required Accessory dwelling units 1 uncovered space in addition to that required for the primary dwelling unit(s). Mobile home parks 1 space in conjunction with each mobile home site, plus 1 space for each 2 mobile home sites for guest parking located as approved by the City. Up to 900 sf – 2 spaces. Greater than 900 up to 1500 sf – 3 spaces. Live / Work unit Greater than 1500 sf – 4 spaces. Studio and 1 bedroom, less than 900 sf – 1 space. Studio and 1 bedroom, greater than 900 sf – 2 spaces. 2 – 3 bedroom units – 2 spaces. 4 bedroom units – 3 spaces. 1 space for every additional bedroom greater than 4. Multi-family dwellings and residential component of Mixed-use development (1) Guest parking – 1 space for every 4 residential units. Residential Care Facilities 1 space for each 3 patient beds. Senior citizen congregate care housing 1 space per each 2 residential units, plus one space for each 4 units for guests and employees. Senior housing 1 space per unit, plus one guest parking space for each 10 units. Single family, duplex and triplex units (1) 2 spaces per dwelling unit. Notes: (1) See Section 17.320.035.M (Special Requirements for Residential Uses) CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-30 2. Commercial uses. Table 3-3B Land Use Type: Commercial Uses (1) Vehicle Spaces Required Accessory Food Service Same as primary use. Accessory Retail Use Same as primary use. Animal boarding and kennels 1 space per 350 sf. of indoor use area; plus 1 space for 1000 sf of outdoor use area. Auto and Vehicle Sales 1 space per 350 sf of indoor use area; plus 1 space for 1000 sf of outdoor use area. Banks and financial services 1 space per 250 sf. Bars and nightclubs 1 space per 100 sf, plus one space for every 30 sf of dance floor. Convenience stores 1 space per 225 sf, with a minimum of 8 spaces. Day care facilities Child or Adult Day Care Centers 1 space per 300 sf of floor area. Large family day care home 1 space per employee, in addition to required residential spaces. Small family day care home As required for the single-family dwelling (see parking requirement for residential uses). Hotels and Motels 1 space for each guest room; plus 1 space for each 20 guest rooms; plus retail, restaurant and conference uses calculated at 1 space per 100 sf. Medical services Hospitals 1 space for each 1.5 patient beds, plus required spaces for accessory uses as determined by the Director. Medical/dental offices, clinics and labs 1 space per 350 sf. Offices, administrative, corporate, professional 1 space per 350 sf. Plant Nurseries 1 space per 350 sf of indoor use area; plus 1 space for 1000 sf of outdoor use area. Restaurants General (Table Service) 1,500 sf or less. 1 space per 300 sf. with a minimum of 3 spaces. Greater than 1,500 sf. 1 space per 100 sf. Takeout (Counter Service), with customer tables 1 space per 75 sf, with a minimum of 8 spaces. Takeout (Counter Service), no tables 1 space per 350 sf. Located in shopping centers: Less than 25% of floor area of center for all restaurants. Parking requirement covered under the general requirement for shopping center. Greater than 25% of floor area of center for all restaurants. Portion of restaurant(s) exceeding 25% of shopping center’s floor area shall use the same parking requirement for general restaurants, above. Table continues on next page CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-31 Land Use Type: Commercial Uses (1) Vehicle Spaces Required Outdoor dining: No parking required for first 250 sf of outdoor dining area. Any outdoor dining area exceeding 250 sf shall be included as restaurant floor area in determining the parking requirement. Retail and service uses, general 1 space per 350 sf. Shopping centers – general (2)(3) Less than 5 acres in net parcel area 1 space per 250 sf (Also see restaurant requirements). 5 acres and greater of net parcel area 1 space per 200 sf (Also see restaurant requirements). Storage, personal storage facilities 1 space per 50 storage units or 5,000 sf of storage area, whichever is greater. Plus 2 additional spaces for the manager’s office, with a minimum of 5 spaces per facility. Vehicle Services Carwash – self service 2 spaces for each washing stall. Carwash – full service 10 spaces; plus 10 space queuing area for drying of vehicles; plus queuing area for 3 vehicles ahead of each wash lane. Carwash – automated, accessory to fueling station 4 spaces plus queuing area for 3 vehicles ahead of the wash lane (in addition to the parking required for fueling station). Fueling stations 1 space per 225 sf (includes convenience store) with a minimum of 3 spaces. For parking required above the minimum of 3, half of the parking provided at pump islands may be credited towards meeting parking requirements. Maintenance, repair, installation, etc. 3 spaces per service bay (work station), plus 1 space for each 350 sf of additional retail sales and service. Veterinary clinics 1 space per 350 sf. Notes: (1) Parking for certain uses within the CD zone are subject to the requirements of Section 17.230.035.C. (2) Parking requirements for bars, nightclubs, health/fitness facilities and theaters shall be calculated separately in all cases. (3) A multi-tenant regional shopping center of 600,000 sf floor area or more with one or more traditional department stores, excluding those common areas as described in Section 17.320.020.D of this Chapter, may provide a parking ratio as recommended in a parking demand study approved by the City; provided, that the parking demand study (i) is prepared, at the sole cost and expense of the applicant, by an independent traffic engineer licensed by the State of California who is reasonably approved by the Director prior to the commencement of that study, and (ii) presents reasonable justification for modification to the parking ratio(s) otherwise required under Table 3-3 of this Chapter. If, as reasonably determined by the Director, the parking demand study supports requiring a parking ratio greater than that otherwise required in the Code, then the higher parking ratio shall apply. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-32 3. Recreation, education and public assembly uses. Table 3-3C Land Use Type: Recreation, Education & Public Assembly (1) Vehicle Spaces Required Assembly uses, religious places of worship, clubs, mortuaries with congregational services, meeting halls, membership organizations, sports arenas, stadiums, and theaters 1 space for each 5 fixed seats, and 1 space per 35 sf of assembly or seating area with no fixed seats, plus required spaces for ancillary uses (e.g. restaurant). Commercial Recreational Activities Outdoor recreation facilities Determined by Conditional Use Permit or Comprehensive Plan. Tennis, Racquetball, handball or other courts 2 spaces per court, plus 1 space per 300 sf for ancillary uses. Health/fitness facilities 1 space per 200 sf. Indoor amusement/entertainment facilities Arcades 1 space per 250 sf. Batting cages 2 spaces per cage. Bowling alleys 5 spaces per lane, plus required spaces for ancillary uses. Pool and billiard rooms 2 spaces per table, plus required spaces for ancillary uses. Skating Rinks 1 space per 100 sf. Libraries, Museums and Art Galleries 1 space per 350 sf. Schools Preschools, Kindergarten and Grades 1 through 9 when used exclusively for this purpose 1.5 spaces per classroom, plus 1 space for each 200 sf of indoor assembly area. Schools in which any portion of their instruction includes Grades 10 and above 1 space per 35 sf of classroom floor area. Schools, specialized instruction 1 space per 100 sf of classroom floor area. Colleges and Universities 1 space per 35 sf of classroom floor area. Studios for dance, art, music, photography, etc 1 space per 200 sf of gross floor area. Notes: (1) Parking for certain uses within the CD zone are subject to the requirements of Section 17.230.035.C. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-33 4. Industrial uses. Table 3-3D Land Use Type: Industry, Manufacturing & Processing Vehicle Spaces Required General manufacturing, industrial and processing uses. 1 space per 500 sf, which may include office space (incidental to the primary use) comprising up to 20% of the total floor area. Parking for additional office space shall be provided at the rate of 1 space per 350 sf. Laundries and dry cleaning plants 1 space per 500 sf. Media Production 1 space per 350 sf. Printing and Publishing 1 space per 500 sf, which may include office space (incidental to the primary use) comprising up to 20% of the total floor area. Parking for additional office space shall be provided at the rate of 1 space per 350 sf. Public Utility facilities 1 space per 500 sf. Recycling facilities - large collection and processing 1 space per 500 sf. Research and Development 1 space per 350 sf. Warehousing and distribution facilities 1 space per 1,000 sf, which may include office space (incidental to the primary use) comprising up to 10% of the total floor area. Parking for additional office space shall be provided at the rate of 1 space per 350 sf. Wholesaling and Distribution facilities 1 space per 500 sf, which may include office space (incidental to the primary use) comprising up to 20% of the total floor area. Parking for additional office space shall be provided at the rate of 1 space per 350 sf. 17.320.025- Alternative Parking Provisions Where conditions preclude the provision of the number of required parking spaces on the lot for which the parking is required, the following procedures for alternative parking are available, subject to City approval: A. In Lieu Fees. The number of parking spaces required by Section 17.320.020 (Number of Parking Spaces Required) may be reduced if the City Council authorizes the use of an in-lieu fee to be paid by the applicant towards the development of public parking facilities. The in-lieu fee shall be deposited in a fund administered by the City Treasurer for the purpose of acquiring and developing future public parking facilities within the same district or area. The amount of the fee and time of payment shall be established by Council resolution. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft B. Government Owned Parking Facilities. A long-term lease with the City, Culver City Redevelopment Agency, County, State, or Federal Government or an agency thereof, may be undertaken to satisfy a parking requirement through use of government owned parking facilities, provided all of the following are met: 1. The lease shall be for no less than 10 years; 2. The lease shall be renewed at the end of the 10 year period if alternative parking has not been provided, or the use for which the parking is required shall be terminated; 3. Leased parking shall be located within 750 feet legal walking distance measured from the primary entrance of the use to which it is covenanted, or other distance determined by the Director to be appropriate; and 4. The lessee enters into an agreement with the City to comply with all required conditions. C. Pooled Parking in the CD District. Parking in the CD zoning district may be provided through a “pooled parking” arrangement in conjunction with applicable entitlement approvals. Pooled parking shall allow utilization of both on- and off-street public parking spaces to satisfy parking requirements. In the event the downtown parking demand exceeds the pooled parking supply, as determined by the Director, all new buildings or proposed intensification of uses in the CD zoning district shall be required to provide parking on-site or as otherwise allowed in this Chapter. D. Off-Site Parking. The use of off-site parking to satisfy the requirements of Table 3-3 shall be provided in compliance with the following standards. 1. Location. All off-site parking spaces except valet-serviced spaces shall be located within 750 feet legal walking distance measured from the primary entrance to the site, or other distance determined by the Director to be appropriate. 2. Design and improvement standards. All newly-constructed off-site parking spaces shall conform to the same standards of access, configuration, landscaping, lighting, layout, location, noise attenuation, and size as are required by this Chapter for on-site parking spaces. 3. 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. 4. Terms of off-site parking. A City-approved covenant shall be recorded that includes a description of the off-site parking, a requirement that the owner of the separated lot maintain the required parking for the life of the use to which it is covenanted, and a provision for liquidated damages for violations of the conditions of approval. 5. Loss of off-site spaces. a. Notification to the City. The owner or operator of a business that uses approved off-site space to satisfy the parking requirements of this Chapter shall immediately notify the Director of any change of ownership or use of the property for which the spaces are required, and of any termination or default or the agreement between the parties. 3-34 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-35 b. Effect of termination of agreement. Upon notification that a lease for required off-site parking has terminated, the Director shall determine a reasonable time in which one of the following shall occur: i. Substitute parking is provided that is acceptable to the Director; or ii. The size or capacity of the use is reduced in proportion to the parking spaces lost. E. Shared Parking Facilities. Two or more nonresidential uses shall be allowed to meet the parking requirements of this Chapter by sharing the same off-street parking facilities, subject to approval of an Administrative Use Permit and the following conditions. 1. Parking study required. A parking demand study shall be prepared by the City at the applicant’s expense that verifies that the sharing uses have acceptable different peak hour parking demands. 2. Distance to parking. The shared parking spaces shall fall within 750 feet legal walking distance measured from the primary entrance to the site, or other distance determined by the Director to be appropriate. 3. Covenant required. A City-approved covenant shall be recorded that includes a description of the shared parking arrangement, a requirement that all current and future tenants are notified of and shall adhere to the same hours of operation and conditions of the shared parking approval, and a provision for liquidated damages for violations of the conditions of approval. 17.320.030 - Handicapped Parking Parking areas shall include parking spaces accessible to the disabled as follows: A. Number of Spaces and Design Standards. Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code and the Federal Accessibility Guidelines. Disabled accessible parking spaces shall count toward fulfilling the parking requirements of this Chapter. B. Residential Multi-Family Uses. For each dwelling unit required to be designed to accommodate the physically handicapped or required to be made adaptable for the physically handicapped, the required parking shall be provided in compliance with California Administrative Code, Part 2, Title 24. 17.320.035 - Parking Design and Layout Guidelines A. Access to Parking Areas and Parking Spaces. 1. Access to parking lots. Parking lots shall be designed to prevent access at any point other than at designated access drives. 2. Parking space location. Parking spaces shall not be located within 10 feet of an access driveway, measured from the property line. See Figure 3-8, next page: CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft Figure 3-8 Parking Space Location 3. Internal maneuvering area. Parking areas shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for single-family homes, duplexes or triplexes on non-arterial streets, which may be designed to permit backing a vehicle into a public street right-of-way. A. Access to Adjacent Sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Director. B. Parking Space and Lot Dimensions. 1. Parking spaces. a. Residential spaces. Parking spaces within carports and garages shall have minimum interior dimensions of 9 feet in width by 18 feet in length for each vehicle. Uncovered parking spaces shall have a minimum dimension of 8 feet 6 inches feet in width by 18 feet in depth. 3-36 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft b. Tandem parking spaces. Each tandem parking space shall be 9 feet in width by 18 feet in depth. i. Within duplex, triplex and multi-family developments, tandem parking spaces can only be assigned to a single unit, and may count toward the requirement for covered spaces, but may not count as guest space. Tandem parking may be arranged to be no more than two spaces in depth. ii. Within non-residential districts, tandem parking may be provided for required parking spaces where authorized through an Administrative Use Permit. The use of the 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 Director determines that the nature of the use and its operation will not require attended parking. Tandem parking may be arranged to be no more than three spaces in depth. c. All other parking spaces. Minimum parking spaces dimensions shall be as shown in Table 3-4 and Figure 3-9. 2. Parking lot aisles. Drive aisles within parking areas shall be designed and constructed in compliance with the following standards. a. Aisle width. Parking area aisles shall comply with the minimum dimensional requirements in Table 3-4 and Figure 3-9. b. Visibility. Drive aisles shall be designed and located so that adequate visibility is ensured for pedestrians, bicyclists, and motorists when entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility. 3-37 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft Table 3-4 – Parking Space and Drive Aisle Dimensions Minimum Dimensions Angle of Parking Parking Space Depth Parking Space Width (1) Aisle Width (one way) (2) Aisle Width (two way) (2) 0 degrees (parallel parking) 26 feet 8 feet, 6 inches 12 feet 18 feet 30 to 45 degrees 19 feet 8 feet, 6 inches 13 feet 20 feet 46 to 60 degrees 21 feet 8 feet, 6 inches 17 feet 21 feet 61 -90 degrees 18 feet 8 feet, 6 inches 27 feet 27 feet Notes: (1) Each parking space that is adjoined on either side of its longer dimension by a fence, wall, partition, column, post or similar obstruction, and the obstruction is located less than 14 feet from the access aisle measured along the length of the stall shall have its minimum width increased by at least 10 inches on the side of the obstruction. (2) The Director may require greater aisle widths where slopes or other obstructions are encountered. Figure 3-9 Parking Space and Aisle Dimension 3-38 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-39 C. Curbing and Wheel Stops. 1. Continuous concrete curbing at least 6 inches high and 6 inches wide, with breaks to allow on- site drainage, shall be provided along the edges of parking spaces adjacent to fences, walls, other structures, property lines, pedestrian walkways and planted areas. Curbing shall be placed within the parking space a minimum of 2 feet from the front of the space. Alternatively, wheel stops can be placed to allow for 2 feet of vehicle overhang area within the dimension of the parking space. Wheel stops or curbs are not required where two parking spaces are contiguous at the width (“head to head”). Alternative barrier designs to protect planted areas may be approved by the Director. 2. To increase the parking lot landscaped area, a maximum of 2 feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a 2-foot bumper overhang while maintaining the required parking dimensions. (See Figure 3-5) D. Slopes of Driveways, Ramps and Parking Areas. The slopes of driveways, ramps and parking areas shall comply with the following requirements. 1. Driveways and ramps. Driveways and ramps shall not exceed a maximum slope of 20 percent measured along the driveway centerline. Where there is a change in the slope of the driveway, it shall be demonstrated to the satisfaction of the Director that vehicles will be able to pass over the change in slope without interference with an average vehicle’s undercarriage. The 20 feet of driveway or ramp closest to the exit shall not exceed a slope of 3 percent or as determined appropriate by the Director. 2. Parking areas. Parking areas shall have a maximum grade of 5 percent, measured in any direction. E. Landscaping. Parking area landscaping shall be provided in compliance with Chapter 17.310 (Landscaping). F. Lighting. Parking areas within non-residential areas shall have lighting that provides adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structures, and shall not exceed a maximum height of 18 feet. All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way. Lighting location shall take into account the location and expected mature characteristics of on-site landscape materials. G. Directional Areas and Signs. 1. Parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. 2. The Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient ingress and egress and circulation of vehicles in a parking facility. H. Striping and Identification. Parking spaces shall be clearly outlined with 4 inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement. I. Surfacing. Parking spaces and maneuvering areas shall be paved and permanently maintained with a minimum thickness of 2 inches of asphalt, concrete, or other all-weather surface over a minimum CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft thickness of 4 inches of a base material; or paved and permanently maintained with a minimum thickness of 4 inches of Portland cement or as deemed appropriate by the Director. Alternative surfaces for parking and loading areas may be approved by the Community Development Director and the Public Works Director, provided that the material used meets aesthetic standards as determined by the Director, improves drainage and permeability, and responds to any historic guidelines for the property and its setting. J. Interior Parking Clearance. Covered parking areas shall be provided with a minimum of 7 feet of unobstructed clearance from finished floor surface to any ceiling, beam, entranceway, pipe, suspended sign or other obstruction, improvement, or device overhead, except as approved by the Director for storage cabinets or other suspended or cantilevered obstructions. Where a covered parking area is intended for or is accessible to the general public use, each entrance shall be clearly posted with a sign indicating the minimum interior clearance actually provided. K. Subterranean Parking. Subterranean parking structures shall comply with all requirements of this section and the following additional requirements when located within a required setback: 1. Invisibility. No portion of a subterranean structure shall project or be visible above the finished grade of the setback in which it is located; except approved semi-subterranean structures, which may project and be visible above the finished grade within required side and rear setbacks only. 2. Accommodate landscaping. The subterranean structure shall be designed to accommodate landscaping or other setback area improvements as required by this Title. 3. Covered structure. When located within a required street-facing setback area, the subterranean structure shall be fully covered by landscaping. L. Parking Structures. Parking structures providing parking for residential and non-residential uses shall comply with all requirements of this section and the following additional requirements: 1. Parking structures shall comply with the setback requirements and height limits of the applicable zoning district. 2. Parking structures visible from street frontages shall be designed to be architecturally compatible with adjacent buildings and shall not adversely impact abutting pedestrian sidewalks. 3. Structure elevations should use color, massing, or architectural features to reduce the appearance of bulk. 4. Parking structure facades facing residential parcels shall: a. Be enclosed to prevent light spill, noise, or pollutants from impacting dwellings; and b. Incorporate architectural design elements, including surface treatments, offset planes, structural articulation, and landscaping to provide visual interest and compatibility with adjacent dwellings. M. Special Parking Requirements for Residential Uses. 3-40 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-41 1. Driveway length. Within the R1, R2, and R3 Zones, access for every parking space shall be provided by a paved driveway not less than 20 feet in length, measured from the end of the parking space to the nearest public or private street right-of-way line from which access to parking is provided. 2. Paving of street facing setback. Within residential zoning districts, no more than 25 percent of any required setback facing a street shall be paved to provide access to onsite parking, unless paving of a larger area is required to comply with Subsection A., above (e.g., to provide a standard 16-foot double wide driveway for a two car garage within the 20-foot front set back area), or unless such paving involves a circular driveway which is otherwise in compliance with Section 17.320.040.C. 3. Covered parking. a. In the R1 Zone, all required parking shall be fully covered within a garage or carport. b. In the R2 and R3 Zones, all required parking for single family (detached) dwellings shall be fully covered within a garage or carport. One half of all required parking for multifamily (attached) dwellings must be fully covered within a garage or carport. c. In the RLD, RMD and RHD Zones, all required parking for single family (detached) dwellings shall be fully covered within a garage or carport. Only One half of all required parking for multiple family (attached) dwellings shall be fully covered within a garage or carport. 4. Guest parking. Guest parking for multi-family residential uses shall be designated and restricted for the exclusive use of the guests with appropriate signs and pavement markings 17.320.040 – Driveway and Site Access Standards A. Driveway Widths. Minimum driveway widths shall be as follows: 1. Driveway serves less than 20 spaces = 10 feet wide. 2. Driveway serves residential use with 20 or more spaces = 18 feet wide. 3. Driveway serves nonresidential use with 20 or more spaces = 25 feet wide. 4. Driveways serving as parking aisles shall be increased in width as necessary to provide parking stall backup area as required by Section 17.320.035 (Parking Design and Layout Guidelines). 5. Driveway aprons shall conform to standards established in Title 9.08 (Streets and Sidewalks) of the Municipal Code. B. Garage Access. A driveway to a residential parking garage located behind a dwelling shall meet the access and maneuvering standards of Section 17.320.035 (Parking Design and Layout Guidelines). C. Circular Drive. A circular driveway on residential property shall not involve paving of more than 60 percent of the area within the required street-facing setback. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-42 D. Visibility at Driveways. 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. 17.320.045 – Bicycle Parking Bicycle parking shall be provided for all multi-family projects and non-residential uses in compliance with this Section. A. Number of Bicycle Spaces Required. 1. Multi-family projects shall provide bicycle parking spaces equal to a minimum of 10 percent of the required vehicle spaces, unless separate secured garage space is provided for each unit. The bicycle spaces shall be distributed throughout the project to the extent feasible. 2. Retail commercial uses shall provide bicycle parking spaces equal to a minimum of 5 percent of the required vehicle spaces, distributed to serve customers and employees of the project. 3. Other non-residential uses providing employment shall provide bicycle parking spaces equal to a minimum of 5 percent of the required vehicle spaces, distributed to serve employees and visitors to the project. B. Bicycle Parking Design. 1. Parking equipment. Each bicycle parking space shall include a stationary parking device, as approved by the Director, to adequately secure the bicycle. 3. Parking layout. Each bicycle space shall be a minimum of 2 feet in width. Bicycle spaces shall be separated from motor vehicle parking spaces by at least 5 feet of open area. Bicycle spaces shall be conveniently located and generally within proximity to the main entrance of a structure. 17.330.050 - Loading Area Requirements A. Loading area size categories. Size Minimum Dimensions Minimum Area Overhead Clearance Small 8'-6” x 18' 150 sf 7 ft Medium 10' x 30' 12' x 25' 300 sf 12 ft Large 12' x 40' 480 sf 13.5 ft Extra large 12' x 60' 19' x 40' 720 sf 13.5 ft B. Number of Loading Spaces Required. Nonresidential uses shall provide the number of loading spaces in compliance with the following standards. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-43 1. For a building having no door opening larger than 8 feet in width and accessible to vehicles, one small loading area shall be provided on-site. 2. For a building having any door opening exceeding 8 feet but less than 12 feet in width and accessible to vehicles, and with no dock high or depressed ramp, one medium loading area shall be provided for each such door opening on-site. 3. For a building having any door opening exceeding 12 feet in width or a dock high or depressed ramp accessible to vehicles, one large loading area shall be provided for each door opening, dock high or depressed ramp; or one or more extra large loading areas may be required if the City determines that tractor and double trailer rigs may use the door opening, or dock high or depressed ramp. C. Exceptions. 1. The requirement to provide required small loading areas may be satisfied by: a. Approval by the City Engineer or Traffic Committee of a public street curbside loading zone, which is so painted or signed by the City, provided such loading zone is on the same side of the street, within the same block, and within 100 feet of the uses for which it is to be credited towards loading area requirements. b. Posting and maintaining one of the required on-site prime access standard parking spaces with a City approved “Loading Only” sign designating the time period for loading, provided the time period does not exceed one-half hour per day for loading during normal business hours. 2. A door that only provides access to mechanical, electrical equipment or similar rooms shall not require a loading area. D. Standards for Loading Areas. Loading areas shall be provided in the following manner: 1. Access. Loading areas accessible only from a public street right-of-way shall be located to allow head-in and head-out access from and to the public street right-of-way. Back-in access may be permitted if it is determined by the Director that no feasible alternative exist. 2. 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 structure(s). 3. Loading ramps/docks. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances. 4. Location. Loading areas shall be located as follows: a. As near as possible to building door openings providing loading access. b. Situated to ensure that the loading facility is screened from adjacent streets as much as possible. c. Situated to avoid adverse impacts upon neighboring properties. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Off-Street Parking and Loading 17.320 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-44 5. Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened with a solid masonry wall, at least 6 feet in height and of a design approved by the Director. 6. Identification. Loading areas shall be designed, laid out, and clearly marked as being distinct from required parking spaces and aisles, unless the City approves the use of the parking area as an undesignated overlay loading area during non-business hours. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-45 Chapter 17.330- SIGNS Sections: 17.330.005 - Purpose 17.330.010 - Applicability 17.330.015 - Definitions 17.330.020 - Sign Standards by Zoning District 17.330.025 - Standards for Specific Types of Signs 17.330.030 - General Requirements for all Signs 17.330.035 - Prohibited and Restricted Signs 17.330.040 - Signs in Public Right of Way 17.330.045 - Non-conforming Signs 17.330.050 - Sign Permit Requirements 17.330.005 - Purpose The purposes of this Chapter are to: A. To create a framework for a comprehensive, balanced system of signs that is aesthetically pleasing, compatible with its environment, and an enhancement to business opportunities in Culver City. B. To allow the display of signs that are appropriate to the type of activity to which they pertain, are legible under the circumstances they are seen, and are expressive of the identification and advertising needs of business proprietors, and the real estate needs of property owners. C. To avoid traffic safety hazards to motorists, bicyclists and pedestrians caused by visual distractions and obstructions. 17.330.010 - Applicability A. Signs Regulated. The sign standards provided in this chapter shall apply to all signs in all zoning districts. Only signs authorized by this chapter shall be allowed. B. Applicability to Sign Content. The provisions of this Chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or non- commercial. C. Definitions. Definitions of specific types of signs and other terms used in this chapter are contained in Section 17.330.015. 17.330.015 - Definitions Architectural Feature. A soffit, column, wing wall, canopy, roof eave, balcony and any other similar element that does not create an interior floor space. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-46 Awning. A permanent or temporary structure attached to and wholly supported by a wall of a building and installed over and partially in front of doors, windows or other openings in a building and consisting of a frame and a top of canvas or other similar material covering the entire space enclosed between the frame. Background Canopy Area. The outer surface area of a canopy that is reasonably visible to public view. Background Wall Area. The largest rectangular opaque portion of each wall segment within which wall signs are displayed. Backlit Characters. That method of sign illumination achieved by concealing the light source between the three-dimensional opaque letters, numbers or other characters of a sign and the solid surface of a building or structure on which the sign characters are mounted that result in the night time perception of a halo around the silhouette of each sign character. Business Frontage. The portion of a building occupied by a single business tenant, and fronts on a public street, faces a courtyard, pedestrian corridor or walkway, parking lot or alley. Cabinet Sign. A sign that contains all the text and/or logo symbols within a single enclosed cabinet and which may or may not be illuminated. Canopy Depth. The maximum perpendicular distance that a canopy projects away from the building wall to which it is attached. Canopy, Nonstructural. See Awning. Canopy Sign. A sign displayed on an awning or a canopy. Canopy, Structural. An architectural feature that: A. Projects from, and is totally supported by, the exterior wall of a building. B. Provides protection from the elements to pedestrians below, or to occupants within the building. C. Is usually positioned above a window or a door. D. Is permanent in that it is not retractable and cannot be removed from the building without altering the building structure. Canopy Width. The maximum parallel distance that a canopy extends across the building wall to which it is attached. Changeable Copy Sign. A sign with a message comprised of letters, numbers, or other characters that are manually or mechanically changed to display different messages. Construction Sign. A temporary sign that identifies the names, addresses and telephone numbers of parties directly involved in the business occupancy, construction, design, or financing of pending or in-progress physical improvements to the premises. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-47 Corporate Flag Sign. A wind-activated flag with a message that is an inherently distinctive logo or trademark for a business. Decorative Banner and Flag. A festive permanent graphic display that is made of durable cloth, plastic or similar non-rigid material, and that either displays no message or displays only a predominately pictorial message that does not directly identify or advertise a business on the premises. Directional Sign. A sign that identifies to motorists or pedestrians an entry or exit point to or from an adjacent public right-of-way, or to or from various points of passage on or within private property. Electronic Message Sign. A sign with a message comprised of letters, numbers, or other characters that are electronically changed to display different messages. Event Sign. A sign that identifies, advertises or promotes a special or temporary event. False Mansard. A sloped wall segment that is above or projects down and away from a vertical wall of a building, and that is not a building roof, as defined by the Uniform Building Code. Freestanding Sign. A sign that is displayed on and is totally supported by one or more support elements that are on the ground, with no part of the sign attached to a building or similar structure. Holiday Sign. A temporary sign or display that is placed in remembrance or celebration of any recognized religious, local, State or Federal holiday. Institutional Flag. A wind-activated flag with a message that is an inherently distinctive symbol for a particular government jurisdiction. New Business Sign. A temporary sign that displays only the name of a new business or a change in the name of an existing business. Nonconforming Sign. Any sign that does not comply with this Chapter. Off-site Sign. Any sign with a message that does not relate directly to an active use of the premises on which it is displayed. On-site Sign. Any sign with a message that relates directly to an active use of the premises on which it is displayed. Parapet Wall Sign. A wall sign that is located below the top of the parapet line of a building and above the top of the window line of the highest story of the building, and including a sign on a false mansard. Public Information. A message of potential interest to the general public as a whole that includes no business identification, advertising, or promotional information (e.g., time and temperature information). Public Information Sign. A sign that displays only a public information message. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-48 Real Estate Sign. A sign that indicates the availability of land or buildings for sale, lease, rent, or other permanent or temporary disposition. Sign. Any emblem, icon, insignia, logo, replica, symbol or trademark that displays a message in lettered, written, numbered, pictorial or any other visually perceptible form, and including the support elements, distinct background area and decorative embellishments thereof. Does not include murals, paintings or other works of art that are not intended to advertise or identify any business or product. Sign Copy. All portions of a sign that display a message. Sign Face Area. The area of a sign that includes copy and distinct background surfaces. Special Event. A duly licensed and approved activity of limited duration that is not directly related to an established business on the premises where the event is held, such as a carnival or Christmas tree sales on a vacant or unused lot, or a fundraising activity of a nonprofit organization held on the improved premises of an established business. Support Element. The structural portion of a sign that secures it to the ground, a building or to another structure. Temporary Banner Sign. A sign that is made of durable cloth, plastic or similar non-rigid material that displays business identification, advertising or promotional message, and that is displayed only for a short period of time as regulated in this Chapter. Temporary Event. A duly licensed and approved activity of limited duration that is directly related to an established business on the premises where the event is held, such as the outdoor sales of Christmas trees by a supermarket, or a weekend festive promotion for a business that is staged outdoors and that provides complimentary food, music, entertainment or similar attractions to entice public attendance or participation. Theater Marquee Sign. A sign attached to or made an integral part of the structural canopy of a theater. Vertical Clearance. The distance from the bottom of a sign, but not including the support elements of a freestanding sign, to the average finished grade below, or to the grade of the nearest point of an adjoining public right-of-way with a higher elevation if within 5 feet thereof. Wall Sign. A sign that is displayed on, or is attached to, an exterior wall of a building or structure. Window Sign. A permanent or temporary sign that is displayed on the surface of any glass or glazed material, or that is displayed inside and close enough to a window to be reasonably visible from outside the window. 17.330.020 – Sign Standards by Zoning District CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-49 Only the signs and sign area authorized by this Section shall be allowed unless otherwise expressly provided in section 17.330.025 (Standards for Specific Types of Signs). A. Residential Zones 1. Permanent identification sign. One permanent identification wall or freestanding sign not to exceed 32 square feet in area for multi-family residential developments of four or more units, displaying only the name and address of the integrated multiple residential development shall be allowed for each 400 feet of lineal street frontage on which the development has access, provided that: a. Sign proximity. The minimum distance between each identification sign shall be 200 feet. b. Maximum height. The maximum height of any freestanding sign shall not exceed 5 feet. c. Minimum setback. The minimum setback for any freestanding sign shall be 10 feet from every adjoining lot line and 5 feet from every street-facing lot line. d. Attachment. Any wall sign shall be attached to and parallel with the front wall of the building and the street. e. Accessories prohibited. No other object placed to attract additional attention shall be attached to any identification sign or placed anywhere on the lot. f. Materials. The style, color, materials, texture, and exterior finish of any identification sign shall be closely compatible with the exterior building materials used on-site. 2. Permanent information sign. One unlighted permanent information freestanding sign in addition to each permanent identification sign, not to exceed 32 square feet in the area for multi-family residential developments of four or more units, identifying the residential development and providing sales, rental, or lease information and meeting the following standards: a. Sign proximity. The sign shall be placed within a 100 foot radius of the corresponding permanent identification sign(s). b. Maximum height. The maximum height of the sign, including its support, shall not exceed 5 feet. c. Minimum setback. The minimum setback for any freestanding sign shall be ten feet from every adjoining lot line and 5 feet from every street facing lot line. d. Accessories prohibited. No other object placed to attract additional attention shall be attached to any information sign or placed anywhere on the lot. e. Materials. The style, color, materials, texture, and exterior finish of any information freestanding sign and its support elements shall be closely compatible with the exterior building materials used on-site. 3. Identification signs for nonresidential uses in residential zones. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-50 a. Permanent identification signs. One unlighted permanent identification sign per lot, not to exceed 8 square feet in area in the R1, R2 and R3 Zones and not to exceed 32 square feet in area in the RLD, RMD, and RHD Zones, attached to and parallel with the front wall of the building and the street, displaying only the name of the facility, shall be allowed in every residential zone, subject to the following standards: i. Materials. The style, color, materials, texture and exterior finish of any identification sign shall be closely compatible with the exterior building materials used on-site. ii. Accessories prohibited. No other object placed to attract additional attention shall be attached to the sign or placed anywhere on the lot. b. Freestanding signs. If more than one building or structure exists on the lot or if the lot exceeds 200 feet of lineal street frontage, one freestanding sign in place of the wall sign allowed under Section 17.330.020.A.3.a. above shall be allowed in every residential zone, subject to the following standards: i. Maximum height. The maximum height of the freestanding sign including its support shall not exceed 5 feet. When walls or hedges which conform to applicable Culver City Municipal Code regulations are on a front lot line, the freestanding sign shall be placed so that its bottom edge is no more than 12 inches above the wall or hedge. ii. Minimum setback. The minimum setback for any freestanding sign shall be 10 feet from every adjoining lot line and 5 feet from every street facing lot line. iii. Materials. The style, color, materials, texture, and exterior finish of any identification freestanding sign and its support elements shall be closely compatible with the exterior building materials used on-site. iv. Accessories prohibited. No other object placed to attract additional attention shall be attached to the sign or placed anywhere on the lot. B. Nonresidential Zones. Table 3-5 identifies the types of signs allowed in non-residential zoning districts. TABLE 3-5 SIGN STANDARDS FOR NON-RESIDENTIAL ZONING DISTRICTS Sign Type (1) Maximum Sign Area Maximum Sign Height Maximum Number of Signs Location Additional Requirements CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-51 Freestanding Signs 50 sf of sign area per face; 100 sf maximum for all freestanding sign faces. 20 ft maximum for first freestanding sign allowed; 6 ft maximum for all additional freestanding signs allowed. 1 per site provided that the site has a minimum of 100 ft of frontage on one street. 1 additional freestanding sign allowed for each additional 200 sf of street frontage for a site, up to a maximum of 5 freestanding signs. Setback 2 ft from street facing property lines and 25 ft from interior property lines. Setback at least 50ft from other freestanding signs along the same frontage. Set at least 75 ft from the boundary of any residentially zoned property. See Section 17.330.025 for Standards for Specific Types of Signs. Wall Signs 25 sf or; 1 1/2 sf of sign area per linear foot of business frontage, up to a maximum of 200 sf per business frontage. Wall sign area shall not exceed 40% of the background wall area on which the sign is placed; whichever is more. For background wall area more than 4 ft in height: 1 ft below edge of roof. For background wall area up to 4 ft in height: at least 6 inches below edge of roof. Limited by area and location, not by number. Affixed to a wall. Shall not cover doors, windows, or architectural features. See Section 17.330.025 for Standards for Specific Types of Signs. Parapet Wall Signs Buildings up to 3 stories: Sign area is included in the total allowed for wall signs. Buildings 4 stories or more: Not limited in sign area. For background wall area more than 4 ft in height: 1 ft below edge of roof. For background wall area up to 4 ft in height: at least 6 inches below edge of roof. 2 stories or less: limited by area and location, not by number. 3 stories or more: maximum of 2 parapet signs per building on opposite, not adjoining parapets. Shall not cover any architectural features. See Section 17.330.025 for Standards for Specific Types of Signs. Table continues on next page. Notes: (1) See Figure 3-10 for illustration of sign types. TABLE 3-5 SIGN STANDARDS FOR NON-RESIDENTIAL ZONING DISTRICTS Sign Type (1) Maximum Sign Area Maximum Sign Height Maximum Number of Signs Location Additional Requirements CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-52 Canopy Signs Front of canopy: 1 ½ if of sign area per linear foot of canopy width. Sides of canopy: 2 sf of sign area per linear foot of canopy depth. Sign area is not to exceed 40% of background canopy area on which the sign is displayed. Canopy sign area shall reduce the allowable wall sign area from which the canopy projects. When mounted above or below a structural canopy, 1 ½ sf of sign area per lineal ft of canopy width. Limited by location, not by height, when on the face of the canopy. Limited by area and location, not by number. May be located on any exterior surface of a canopy that is located below the third floor line of a building. No part of a canopy sign displayed on the vertical or sloped surface of a canopy shall project beyond the edges of the canopy surface on which it is displayed. See Section 17.330.025 for Standards for Specific Types of Signs. Window Signs Shall not occupy more than 25% of the total window area. Limited by location, not by height. Limited by area, not by number. May be placed on first and second floor windows only. See Section 17.330.025 for Standards for Specific Types of Signs. Directional Signs 4 sf per sign face. The area of a directional sign shall be in addition to other allowable sign area for a business or site, except if displayed as a window sign, it shall be subject to the sign face area limits for window signs. The height of a directional sign shall be subject to the height limits for the physical type of sign it is (e.g., wall sign), except that the height of freestanding directional signs is limited to 48 inches. As approved by the Director. Placement of a directional sign shall be subject to the location limits for the physical type of sign it is (e.g., wall sign). See Section 17.330.025 for Standards for Specific Types of Signs. Table continues on next page. Notes: (1) See Figure 3-10 for illustration of sign types. TABLE 3-5 SIGN STANDARDS FOR NON-RESIDENTIAL ZONING DISTRICTS Sign Type (1) Maximum Sign Area Maximum Sign Height Maximum Number of Signs Location Additional Requirements CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-53 Public Information Signs The area of a public information sign shall be subject to the size limits for the physical type of sign it is (e.g., wall sign), provided that the Director may approve a public information sign in addition to other allowable sign area for a business or site, if the sign is determined to be unique in terms of providing an important public service. The height of a public information sign shall be subject to the height limits for the physical type of sign it is (e.g., wall sign). Limited by type and size, not by number. The placement of a public information sign shall be subject to the location limits for the physical type of sign it is (e.g., wall sign). See Section 17.330.025 for Standards for Specific Types of Signs. Corporate Flag Signs 4 ft by 6 ft, 24 sf. Maximum height of a corporate flag sign is determined by the allowable height of its mast or staff support element structure, which is regulated by the height limits prescribed for buildings and structures in each zoning district. 1 per business. The placement of a corporate flag sign shall be subject to the location limits for the physical type of sign it is (e.g., freestanding sign). See Section 17.330.025 for Standards for Specific Types of Signs. Notes: (1) See Figure 3-10 for illustration of sign types.CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft Figure 3-10 Types of Signs 17.330.025 – Standards for Specific Types of Signs A. Canopy Signs. 1. A canopy sign may be attached above or below a structural canopy, subject to the following: a. When above or below the canopy, it shall not exceed 16 inches in height, 12 inches in thickness, nor two-thirds the length of the canopy face parallel to the sign. b. When above the canopy, it shall have no distinct background area. c. When below the canopy, it shall have a minimum 8-foot vertical clearance to finished grade below. 2. For theater marquee signs see Subsection 17.330.025.L.2. B. Changeable Copy Signs. A changeable copy sign shall only be allowed for the following uses, and shall be subject to the limits for the physical type of sign it is (e.g., wall sign): 1. Vehicle fueling station price signs. 2. Government buildings. 3. Places of worship. 3-54 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-55 4. Real estate offices. 5. Restaurant menu signs along drive-through lanes or at outdoor walk-up service areas only. 6. Schools. 7. Theater marquee signs. C. Corporate Flag Signs. 1. When displayed in a group with one or more institutional flags: a. All rules of etiquette prescribed by law or convention for the institutional flag display, including but not limited to the "over and under" and "left and right" relative positions of the flags, shall apply to the corporate flag sign display. b. In no event shall the size or height of the corporate flag sign exceed the size or height of any institutional flag displayed in the group. D. Decorative Banners and Flags. Decorative banners and flags shall only be allowed if approved by a master sign program under Subsection 17.330.050.C.2. E. Directional Signs. 1. A directional sign shall contain no brand, trade or business identification or advertising information. 2. Deviations from the directional signs standards contained in Table 3-5 may be approved by the Director where unusual needs, circumstances, or conditions exist relative to re- stricted visibility, the size of the property, or the number of access points. F. Electronic Message Signs. 1. An electronic message sign shall be displayed only if the information displayed is predomi- nately public information as determined by the Director. 2. An electronic message sign shall be subject to the limitations for the physical type of sign it is (e.g., wall sign). G. Freestanding Signs 1. Landscaping. A freestanding sign shall be placed within a landscaped area of not less than 20 square feet. The Director can approve a reduction of the size of or eliminating the planter, if necessary, to avoid creating or increasing a parking nonconformity or safety hazard. 2. Canister. A single sided or two-sided freestanding sign shall not exceed 24 inches in thickness. The side, bottom and top panel edges of the sign shall be enclosed with opaque materials that match, or are compatible in appearance with, the sign. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-56 3. Multiple sign canisters. Multiple sign canisters on a single freestanding sign shall be compatibly configured as approved by the Director. 4. Sign mounting. Freestanding signs shall be mounted on one or more supports or have a solid monument type base. Posts shall not have a diameter greater than 12 inches. Supports shall be well designed, compatible and in scale with the design of the sign. All support elements shall have continuous finished appearance. 5. Multiple business sign copy. The sign copy on a freestanding sign serving a multiple business building or a shopping center: a. May include the names of individual businesses located within the building or center, as well as the building or center name and street address. b. Shall have sign copy character styles, and sign copy and background colors that are compatible with one another. c. Shall contain no more than four vertically stacked rows of individual business signs. Each row can have multiple lines of copy. 6. Sign projection. A freestanding sign may project over a paved public sidewalk up to 4 feet or one-half the width of the sidewalk, whichever is less, provided that: a. The bottom of the projecting portion of the sign has a minimum of 12 feet of vertical clearance over the sidewalk. b. The sign has only finished sign copy faces and finished panel edges projecting over the sidewalk. c. The minimum required area of the landscaped planter beneath or in close proximity to the sign is placed fully behind the property line; unless a public right-of-way landscaping encroachment permit is granted. d. No part of the sign is closer than 18 inches to the street curb face. H. Gasoline Station Signs. In addition to other signs allowed by this Chapter, gasoline stations or businesses that sell motor vehicle fuel to the public shall be allowed the following signs: 1. Fuel price signs. a. One double-sided fuel price sign not exceeding 20 square feet per face shall be allowed per site. b. The fuel price sign shall be incorporated into the permanent freestanding sign for the business, if one is provided; however the area of the fuel price sign shall not be counted towards the maximum allowable sign area for the freestanding sign. c. No information other than as required or allowed by local, State or Federal law shall be displayed on a fuel price sign. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-57 d. Additional or larger fuel price signs may be approved if the applicant can show to the Director's satisfaction that this would be necessary to meet the minimum requirements established by County, State or Federal law. 2. Service island signs. May be displayed directly on the vertical face of a service island canopy and under the canopy (e.g. on support columns), provided that the total of all such temporary and permanent signs displayed shall not exceed 30 square feet for each row of pumps. I. Public Information Signs. 1. A public information sign shall contain no brand, trade, identification, promotional, advertising or operational information directly related to a business. 2. A public information sign required by any governmental agency shall be exempt from these restrictions. J. Street Address Signs. Any street address sign with letters or number up to 6 inches in height, or larger, if required by the Fire Chief, shall not subject to the limits for the physical type of sign it is (e.g., wall sign). K. Temporary Signs. Temporary signs (including real estate signs) are allowed only in compliance with the standards in Table 3-6A and 3-6B. For permit requirements see Section 17.330.050 (Sign Permit Requirements). CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-58 TABLE 3-6A STANDARDS FOR TEMPORARY SIGNS Sign Type Maximum Sign Area Maximum Sign Height Maximum Number of Signs Time Limit Additional Requirements New Business Signs 1 sf for each linear foot of business frontage, up to 100 sf per business frontage. Below edge of roof. 1 per business frontage. 90 days or until a permanent sign is installed, whichever is less. A new business sign composed of durable, non- rigid material may be installed over and covering the sign of the prior business it is to replace. Future Occupancy Signs 25 sf per sign. Below edge of roof. If freestanding, 6 ft maximum height. 1 per business frontage. Shall be removed upon first occupancy of the site. Shall contain only the name(s) of future occupant(s) of the site. Event Signs As appropriate for the event that is being held, as determined by the Director. As appropriate for the event that is being held, as determined by the Director. As appropriate for the event that is being held, as determined by the Director. Event signs may be displayed only on the days the event is held, for a reasonable promotional period in advance of the event and for a reasonable take down period after the event, as determined by the Director. Event signs may include balloons, pennants, and similar festive decorations, provided that: They are displayed no more than 30 ft above grade; They are not made of metallic or mylar material; Safe and proper clearance from any overhead wire or other nearby potentially hazardous obstruction or feature is maintained. Temporary Banner Signs 3 ft by 6 ft, 18 sf in area. Below edge of roof. Maximum of 1 near each public entrance of a business. Maximum of 30 consecutive days, not more than 4 times per calendar year. Shall be securely fastened against a wall or structural canopy. Construction Signs 24 sf. Below edge of roof. If freestanding, 6 ft maximum height. 1 per street frontage. Removed within 7 days of issuance by the City of the final Certificate of Occupancy for the building or site. Shall contain only the names, addresses, and telephone numbers of parties directly involved in the business occupancy, construction, design or financing of the pending or in-progress improvements to the premises. Holiday Signs As Determined reasonable by the Director. As Determined reasonable by the Director. As Determined reasonable by the Director. Limited to display between 45 days prior to and 15 days after the holiday to which they pertain. Display no business, product, or advertising name, symbol or logo information. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-59 TABLE 3-6B STANDARDS FOR TEMPORARY REAL ESTATE SIGNS Sign Type Max. Sign Area Maximum Sign Height Max. Number of Signs Location Time Limit Additional Requirements Non - Residential Real Estate Signs 24 sf. Below edge of roof. If freestanding, 6 ft maximum height. 1 per business frontage. Must be placed only on private property. Shall be removed within 7 days following the sale, lease or disposition of the real property. The sign shall be constructed of durable, rigid materials suitable to their location and purpose. Only interior window signs may be made of non-rigid material. The sign shall be non-illuminated. Residential Temporar y for sale, rent or lease signs 18 inches by 24 inches in size. Below edge of roof. If freestanding, no more than 4 ft in height. If a wall or hedge is located on a front property line, the sign may be placed on the wall or hedge and have a maximum height of no more than 3 ft above the wall or hedge. 1 per lot. Within the front yard setback, not less than 5 ft from any street facing lot line or less than 10 ft from an interior lot line; or attached to the front of the building. Shall be removed within 7 days following the sale, lease or disposition of the real property. The sign shall be non- illuminated. The sign may have two sign faces. No flag, arrow, pennant, streamer, banner, or any other similar object shall be attached to the real estate sign or placed anywhere on the lot, provided that two information signs, not exceeding 5 inches by 16 inches each, may be attached to the bottom of the real estate sign. Residential On site open house signs 4 sf per face. Below edge of roof. If freestanding, no more than 4 ft in height. If a wall or hedge is located on a front property line, the sign may be placed on the wall or hedge and have a maximum height of no more than 3 ft above the wall or hedge. 1 per lot Within the front yard setback or attached to the front of the building. The open house sign and flag shall be displayed only during the period of time the open house is actually in progress. One flag allowed to be attached to the sign. Residential Public parkway open house signs 4 sf per face. 4 ft above parkway grade. 2 signs per corner, 4 signs maximum per intersection No sign shall obstruct the safe and convenient use by the public of adjoining sidewalk, curbside parking, or roadway areas. No sign shall be attached to any tree, pole, bench, or any other parkway feature. Displayed only on Sundays from 9:00 am to 6:00 p.m. The sign may have 2 sign faces. The message content shall only relate to an activity actually in progress during the allowable display period. Constructed of solid masonite, metal or similar rigid material that is no more than one-fourth inch thick, and is securely fastened to a metal or wooden stake or other freestanding support. Flags, pennants, and other wind- activated devices are prohibited. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-60 L. Theater Signs. 1. Above-roof identification signs. Vertical identification signs that consist of individual characters displayed on sculpted, visually prominent architectural features that rise vertically from and above theater buildings shall be encouraged by the City through the master sign program process in Subsection 17.330.050.C.2. 2. Marquee signs. a. Identification signs that consist of script characters displayed on the top of a marquee (structural canopy) shall be encouraged by the City. b. Changeable copy signs that display current or coming programs on the entire vertical surface of a theater marquee shall be allowed. 3. Product display cabinets. When encased within glass-faced cabinets built into first floor street-facing exterior building walls, current or coming program information shall not be considered signs regulated by this Chapter. M. Wall Signs 1. General a. A wall sign shall not exceed 12 inches in thickness when displayed as a single face sign parallel with the wall, or as a double face sign perpendicular to the wall. b. A wall sign shall not project over a common private property line without the written consent of the adjoining property owner. 2. Temporary wall signs. The aggregate of all temporary signs allowed under Table 3-6 a and b that are simultaneously displayed as wall signs shall not exceed 50 percent of the maximum permanent wall sign area allowed on the wall on which the temporary signs are displayed. 3. Multiple business wall signs. In addition to the location regulations in Table 3-5, the following regulations apply to wall signs on a building with two or more businesses: a. Placement. A wall sign shall be placed on the portions of exterior building walls that correspond with the interior location of the business to which the sign pertains, provided that where this provision would not result in a reasonably visible sign from the adjacent public right-of-way, the Director shall approve alternate placement of the sign. b. Horizontal separation. Wall signs on the same wall segment for horizontally adjacent (side-by-side) businesses shall have a minimum 4-foot horizontal separation. c. Vertical separation. Wall signs on the same wall segment for vertically adjacent businesses (a business located above another business) within the same building shall have a minimum two foot vertical separation. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-61 d. Separation exceptions. The Director may approve deviations from the above separation requirements in cases where unusual building design or configuration conditions would not result in a reasonably visible sign opportunity. 4. Projecting wall signs: The following standards apply to projecting wall signs: a. The maximum distance between the wall and the outer edge of the sign shall be 4 feet, or if a paved public sidewalk is below, 50 percent of the width of the sidewalk, whichever is less. b. The maximum height of the sign shall be 20 feet above grade. c. The minimum vertical clearance from the bottom of the sign to finished grade below shall be 8 feet. d. Projecting wall signs shall be included in the maximum sign face area allowed in Table 3-5. 5. False mansard signs. a. A wall sign may be displayed on a false mansard only if the vertical distance between the bottom of the false mansard and the top of the window line below is less than 18 inches. b. Any gap between the sides or bottom of the sign and the mansard shall be architecturally enclosed so that the sign appears to be an integral part of the false mansard structure. N. Window Signs. 1. In determining window area, perimeter window frames, mullions and building façade divisions shall be used to measure the outside window dimensions, rather than interior, ornamental, nondescript frames and dividers. 2. When a sign of 2 square feet or more in area and with characters more than 2 inches high is placed inside of a building within 30 inches of and facing a transparent window, the sign shall be considered a window sign. 3. Glass doors shall be considered as windows and a glass door sign shall be considered a window sign. 4. No sign on the outside of a window shall extend onto or over the perimeter window frames, mullions or building facade divisions of the window on which it is displayed. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 17.330.030 – General Requirements for All Signs A. Sign Area Measurement. The measurement of sign area for the purpose of determining compliance with this Chapter is as follows: 1. For a three-dimensional canister sign, the two-dimensional area within the outer edges of the sign canister. 2. For a sign with two-dimensional (e.g., painted) or three-dimensional (e.g., raised) characters and with a background that is indistinguishable in appearance from the entire two-dimensional surface of the building or structure on which the sign is displayed, the aggregate surface area of all of the sign characters. 3. For a sign with two-dimensional or three-dimensional characters and with a background that is distinguishable in appearance from the two-dimensional surface of the building or structure on which the sign is displayed, the area within the edges of the distinguishable background area, plus the aggregate surface area of any sign characters that fall outside of the distinguishable background area. 4. For two or more signs on the same two-dimensional surface, or on the same wall segment, the aggregate area of each sign. 5. For cylindrical, spherical, and similar curved-surface signs, the area equal to one-half the total surface area. 6. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area. B. Sign Height Measurement. Sign height shall be measured as the vertical distance from the lowest point of the base of the sign structure to the highest point of the sign. The lowest point of the sign structure shall not include fill, planters, or other material artificially placed to allow increased sign height. See Figure 3-11, below: Figure 3-11 Sign Height Measurement 3-62 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-63 C. Sign Location Requirements. All signs identifying an occupant, business, or use shall be located on the same site as the occupant, business, or use. D. Aesthetic Design Standards. 1. Compatibility. a. All signs shall be architecturally compatible with, and integrally related to, the design features of the buildings, structures and premises on which they are displayed. b. In assessing compatibility, the style, color, material, lighting and other components and features of signs, including their support elements, decorative embellishments and the buildings, structures and premises on which the signs are displayed, shall be taken into account. 2. Support elements. The support elements for all signs shall appear to be free of any angle iron, bracing, guy wires or similar features. 3. Preferred sign features. Signs with the following design features are preferred by the City: a. Non-illuminated backgrounds for any interior illuminated canister sign, or indistinguishable backgrounds for wall and canopy signs that are not interior illuminated. b. Channel letters, neon script and similar three dimensional interior illuminated sign characters with a background that is not distinguishable from the building. c. Signs with backlit characters. E. Sign Illumination. 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 use colored lights or other design elements that may be confused with or mistaken for traffic-control devices. 4. All 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. 5. Light sources shall utilize energy-efficient fixtures to the greatest extent possible. 6. All lighting aimed at the exterior surface of a sign to illuminate it shall be provided with opaque deflection or shielding devices as determined necessary by the Director to prevent CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-64 the lighting source from glaring or shining onto adjacent properties and public rights-of- way. 7. String lights with light bulbs exceeding one watt shall be prohibited exterior to a building, except in connection with allowable holiday signs and displays, or as may be allowed in connection with special or temporary events. 8. Beacon and strobe lights shall be prohibited, excluding aircraft warning lights required by the Federal Aviation Agency. 9. Exterior klieg lights (search lights) shall be allowed by permit issued by the Police Department pursuant to this Code for grand openings, special events and other promotions. F. Installation. 1. In conjunction with replacement or modification of an existing sign, any newly exposed portions of a building or structure on which the sign is displayed shall be repaired and repainted as necessary to restore a uniform appearance to the building surface or structure prior to final inspection approval of the replacement or modified sign. Compliance with this requirement shall include the removal of any excess conduit and supports, and the patching or filling of any exposed holes. 2. The electrical conduit from a sign to its power source shall be concealed or otherwise obscured from view in a manner approved by the Director. G. Maintenance Standards. The following maintenance standards shall be continually met for all signs within the City: 1. Maintenance of a sign shall include periodic cleaning, replacement of flickering, burned out or broken light bulbs, mending or replacement of any faded, peeled, cracked or otherwise damaged or broken parts thereof, and other activities as necessary to comply with the purpose and intent of this Chapter. 2. Maintenance shall include repainting of a painted sign that has faded or that is on a building or structure that is repainted, provided that the repainted sign is identical to the former sign in message content, size and location on the building or structure. 3. Special and routine maintenance shall be caused to be practiced as necessary by the owner or occupant of premises at the owner's or occupant's expense, regardless of the cause of the state of disrepair of the sign, or of the occupancy-vacancy status of the premises. 17.330.035 – Prohibited and Restricted Signs A. Prohibited Signs. The following signs shall be specifically prohibited: 1. Emitting signs. As used herein, signs that emit smoke, steam, laser or hologram lights, or other similar features. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-65 2. Hazardous signs. As used herein, signs that constitute a public nuisance or a potential threat to the health, safety or well being of the general public due to their height, illumination intensity, location, movement, placement, size or other design features or characteristics. 3. Signs covering architectural features. Signs that cover any portion of a visually prominent three-dimensional relief detail that adorns, embellishes or ornaments an architectural feature of a building or structure (e.g., a fresco, medallion, lantern, decorative tile work, sculpted cornice, routed or recessed numerals or letters, etc.) 4. Home occupation signs. Signs advertising home occupations. B. Restricted Signs. The following signs are prohibited except where allowed under certain circumstances as outlined in this Section or through the approval of a master sign program. 1. Active signs. Including animated signs, beacon light signs, blinking signs, flashing signs (except for theater signs as provided in Section 17.330.025), strobe light signs, and variable message signs (except for changeable copy signs and electronic message signs as provided in Section 17.330.025); or active signs as may be approved under a master sign program 2. Balloon signs. Except as provided in Sections 17.330.025 for special events and temporary events. 3. Changeable copy signs. Except as provided in Section 17.330.025 for certain specific uses or as may be approved under a master sign program. 4. Freeway-oriented signs. As may be approved under a master sign program. 5. Moving signs. As may be approved under a master sign program. 6. Off-site signs. Except as provided in Section 17.330.040 for certain public right-of-way signs. 7. Portable freestanding signs. Including A-frame and sandwich-type signs, except as may be approved under Sections 17.330.025 for special events or temporary events. 8. Roof signs. Except for certain theater signs as may be approved under a master sign program, or historical signs if approved under Chapter 38 of the Municipal Code. 9. Improperly attached signs. Signs that are attached to or suspended between trees, light poles, utility poles, or similar devices not originally designed, intended or approved for the purpose of supporting signs, except as may be approved under Section 17.330.025 for special events or temporary events. 10. Signs on historical buildings. Signs that are added to or modified on historically designated buildings or structures, except as may be approved under Chapter 15.05 (Historic Preservation Program) of the Municipal Code. 11. Vehicle signs. A vehicle sign is any temporary sign that is attached to or placed on or against any stationary motor vehicle or trailer, and that identifies, advertises or promotes a business, but excluding signs that are permanently or magnetically attached to motor CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-66 vehicles or rolling stock that are regularly used to conduct normal business activities, such as deliveries, service calls, field work or related duties. 12. Wind-activated signs. Except institutional flags, corporate flag, decorative banner and flag signs, special event signs or temporary event signs as provided in Section 17.330.025. 17.330.040 – Signs in the Public Right-of-Way The authorizations, prohibitions and restrictions of this Section shall apply to all publicly and privately owned or controlled signs in the public right-of-way, except as provided in Subsection 17.330.025.K. A. Privately owned or controlled temporary or permanent signs shall be prohibited on or over the public right-of-way, except as otherwise authorized pursuant to this Title or other duly enacted legislation of the City. This Section also shall not apply to signs in any portion of the public right-of-way that is temporarily or permanently in use for private commercial or non-commercial purposes, other than transportation purposes, pursuant to a lease, license, permit or other entitlement issued by the City. B. Temporary or permanent signs placed by the City, Redevelopment Agency or other authorized government agency (as specified in Subsection 8, below), or their respective agent, for public purposes shall be allowed in the public right-of-way, This Section shall not be interpreted to impose an obligation on the City or Redevelopment Agency to place any signs in the public right-of-way, except as required by law. Allowable signs may include signs relating to any of the following: 1. Regulation of traffic and traffic safety, including pedestrian and bicycle traffic, and parking. 2. Identification or directions to streets; public buildings and facilities; public or private medical, lodging, transportation, educational, sanitation, or other facilities or services; public or private places or events of public interest; scenic or historical resources, or other destinations or points of interest. 3. Access to public services or facilities. 4. Safety and emergencies, including identification and warning signs concerning potential hazards or hazardous conditions, utility installations, flood hazards or flood control facilities, emergency conditions or services and crime and accident scene control. 5. Flags or emblems of the United States, California or of another government, governmental agency or public institution. 6. Statements concerning any policy of the City and/or Redevelopment Agency. 7. Promotion of civic events and activities. a. Signs allowed by this Subsection shall be limited to signs, banners, pennants or other displays placed by the City and/or Redevelopment Agency relating to any civic event or activity organized or sponsored by the City or Redevelopment Agency. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-67 b. For the purposes of this subsection, the following definitions shall apply: i. “Civic event or activity” means any event or activity organized or sponsored by the City or Redevelopment Agency including, but not limited to, (a) any public program or educational activity; and (b) the commemoration or celebration of any historical date, event or person, holiday or persons or events of local, state or national significance. ii. “Sponsored,” for purposes of this Section means that the City and/or Redevelopment Agency is (a) participating in an official capacity in the planning , preparation or promotion of the event or activity; and (b) contributing 25% of the total estimated costs of the civic event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing. 7. Any other signs posted by a public agency exercising its legal authority of performing governmental functions within the City’s public right-of-way. 17.330.045 – Non-Conforming Signs A. Abatement of Nonconforming Signs. 1. Except as provided in Subsection 2, below and notwithstanding any other nonconforming provisions of this Title, any legal nonconforming sign that would otherwise be allowed to remain under this Chapter shall be removed or modified to conform to the requirements of this Chapter as follows: a. Abandonment. A nonconforming sign that is no longer in active use because the business has ceased operating at the premises where the sign is located shall be removed within 90 days of cessation of the business. b. Agreement. A nonconforming sign that is subject to an agreement between the City and the sign owner may remain in accordance with the provisions of that agreement. c. Change of copy, sign face area, and/or structure. i. The sign copy or sign face area on existing nonconforming signs for new or existing businesses may be changed as long as there is no alteration to the physical structure or support elements of the sign. Any such change shall not require other nonconforming signs on site to be brought into compliance. ii. The physical structure or support elements of any one existing nonconforming sign for an existing business may be changed as long as the total combined maximum amount of allowable sign face area is not exceeded. Any such change shall not require that other nonconforming signs on the site be brought into compliance. d. Damage. A nonconforming sign that sustains less than 50 percent damage to its structure shall be repaired or replaced as soon as possible, but not more than 180 days CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-68 after the date of the damage. If damaged more than 50 percent, it shall be removed or modified to meet this Title within 180 days of the date of the damage. e. Intensification. All nonconforming signs for a business premises shall be made to conform to this Chapter: i. When a new business intensifies the use of a property which will require a Site Plan and Design Review or a similar discretionary review as set forth in this Title. ii. When a remodel or expansion of an existing business results in doubling the gross square footage of an existing building, or exceeds 10,000 square feet, whichever is less. f. Facade remodel. Remodel of a front building facade shall require that all nonconforming signs located on the front facade or affected by the facade remodel be brought into compliance. g. New freestanding sign. Addition of a new freestanding sign shall require that all nonconforming signs on the site be brought into compliance. However, the addition of other new conforming signs on the site shall not require that other nonconforming signs be brought into compliance. h. Relocation. A nonconforming sign proposed to be relocated shall be made conforming at the time of relocation, except where the relocation occurs as a result of a City or Redevelopment Agency public improvement project. i. Traffic hazard/unsafe condition. Any nonconforming sign that constitutes a traffic hazard or creates any other unsafe condition shall be subject to immediate removal or modification as necessary to eliminate the hazardous or unsafe condition. 2. City or Redevelopment Agency revitalization programs. A business participating in a City or Redevelopment Agency sponsored revitalization program shall not be required to make all nonconforming signs on the premises conform at the time of revitalization, unless the revitalization program specifically requires such compliance. 3. Sign removal. Any nonconforming sign may be removed as a singular improvement without requiring other nonconforming signs to be simultaneously removed. 17.330.050 – Sign Permit Requirements No sign shall be installed, constructed or altered unless it is first approved in compliance with this Section. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-69 A. Review Process. The Director shall review and may approve a sign if the proposed sign is in substantial conformance with the requirements of this Chapter, any approved multi-business sign program or master sign program. In addition, the installation of any sign may require a building permit, as determined by the Building Official. B. Hardship Exemptions. 1. Where the owner/user of a proposed or existing sign believes that compliance with the provisions of this Chapter, coupled with unusual geographic or building design and configuration conditions pertaining to the site, or contractual conditions limiting the use thereof, would create an undue economic hardship on the use of property, (s)he may apply to the Director for a hardship exemption. The Director's decision in such cases shall be based on one or more of the following criteria: a. The site is unusual in size, shape or topography. b. Improvements on the site or on adjoining public or private properties cause a visual obstruction. c. The site is improved with a multiple business development and is encumbered by an existing contractual obligation that precludes the modification of one or more other existing signs for other businesses at the same time as the installation of a new sign or a modification to an existing sign on the same sign structure is proposed for a business on the premises. 2. Approval of a hardship exemption may be subject to conditions, such as specific limitations on the time that a new or modified sign may be displayed. 3. The applicant has the burden of proof to show to the City's satisfaction that a hardship exists. C. Comprehensive Sign Programs. 1. Multiple business sign programs. a. The purpose of a multiple business sign program is to achieve design compatibility amongst all signs displayed on a single ownership parcel that is occupied by two or more separate businesses. b. The submittal of a multiple business sign program shall be required for each multi- tenant development that is occupied by two or more separate businesses at the time the first new permanent sign or first modification to an existing permanent sign on the premises is proposed, except that a multiple business sign program is not required for a project with an approved master sign program. c. A multiple business sign program, or the equivalent, approved prior to the effective date of this Title or any amendment to this Title, shall be revised, if necessary, to conform to this Chapter at the time the first new permanent sign or modification to an existing permanent sign is proposed on the premises. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 –PC Approved Final Draft 3-70 d. A multiple business sign program shall be submitted by or with the consent of the property owner or master lessor. e. A multiple business sign program shall consist of plans and text describing the details of all signs, existing-to-remain, modified, and new signs, that are and that may be displayed on the premises. f. The Director shall prepare and furnish to potential multiple business sign program applicants a list of the items and criteria to be addressed in a multiple business sign program. g. Only the types of signs allowed by the regulations of this Chapter shall be approved under a multiple business sign program. h. The Director shall approve, conditionally approve, or disapprove any application for a multiple business sign program. 2. Master sign programs. a. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in this Chapter can be modified to insure that signs for a uniquely planned or designed development or area are most appropriate for that particular development or area. b. A master sign program may be: i. Required by the Director for any development that requires a Site Plan Review in compliance with Chapter 17.540, or a similar discretionary review; or ii. Requested by the owner or master lessor of a development; or iii. Initiated by the City or the Culver City Redevelopment Agency for a particular area in furtherance of a specific plan, revitalization program, overlay zone, or other area wide planning tool. c. A master sign program may include provisions that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in this Chapter. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited or restricted by this Chapter. d. The City desires to encourage creative sign proposals where the standard provisions of this Chapter do not well suit a particular need, situation or circumstance. In exchange, certain signs that otherwise would be allowed by this Chapter might not be allowed. e. Each master sign program applicant shall show to the Director's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets, on balance, the general purpose and intent of this Chapter. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Signs 17.330 Article 3 - Site Planning & General Development Standards August 2005 – PC Approved Final Draft 3-71 f. A master sign program, or the equivalent, that was approved by the City or Redevelopment Agency prior to the effective date of this Title or any amendment to this Title, shall be deemed to conform to this Chapter. g. The Director shall approve, conditionally approve, or disapprove any application for a master sign program. h. A new master sign program approval shall be obtained for substantial revisions to the original approval, as determined by the Director. D. Appeals of Decisions. A decision rendered by the Director may be appealed to the Commission in compliance with Section 17.630.030 (Appeals of Decision). CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-1 ARTICLE 4 Standards for Specific Land Uses Chapter 17.400 - Standards for Specific Land Uses ...................................................................4-1 17.400.005 - Purpose........................................................................................................4-2 17.400.010 - Applicability................................................................................................4-2 17.400.015 - Alcoholic Beverage Sales............................................................................4-2 17.400.020 - Animal Boarding, Pet Day Care, Veterinary Clinics and Animal Hospitals.4-3 17.400.025 - Automatic Teller Machines (ATMs) .............................................................4-4 17.400.030 - Check Cashing Businesses ..........................................................................4-6 17.400.035 - Child Day Care Facilities ............................................................................4-6 17.400.040 - Condominium Conversions...........................................................................4-8 17.400.045 - Drive-In and Drive-Through Facilities......................................................4-11 17.400.050 - Firearms Sales .............................................................................................4-12 17.400.055 - Home Occupations ....................................................................................4-12 17.400.060 - Live/Work Development Standards ..........................................................4-15 17.400.065 - Mixed Use Development Standards ..........................................................4-15 17.400.070 - Outdoor Dining ...........................................................................................4-15 17.400.075 - Outdoor Retail Sales and Displays............................................................4-17 17.400.080 - Outdoor Storage ........................................................................................4-18 17.400.085 - Pawnshops...................................................................................................4-19 17.400.090 - Recycling Facilities .....................................................................................4-19 17.400.095 - Residential Uses - Accessory Dwelling Units.............................................4-24 17.400.100 - Residential Uses - Accessory Residential Structures ................................4-25 17.400.105 – Residential Uses - Multifamily Residential Standards ............................4-27 17.400.110 - Telecommunications Facilities..................................................................4-29 17.400.115 - Temporary Storage Containers..................................................................4-36 17.400.120 - Vehicle Fueling Stations .............................................................................4-37 17.400.125 - Vehicle Repair Shops ................................................................................4-39 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-2 Chapter 17.400 - STANDARDS FOR SPECIFIC LAND USES 17.400.005 - Purpose This Chapter provides site planning and development standards for land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) in individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts. 17.400.010 - Applicability Land uses and activities covered by this Chapter shall comply with the provisions applicable to the specific use, in addition to all other applicable provisions of this Title. A. Where allowed. The uses that are subject to the standards in this Chapter shall be in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards). B. Land use permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Chapter for a specific use. 17.400.015 - Alcoholic Beverage Sales This Section provides location and operating standards for the establishment of alcoholic beverage sales facilities (for off-site or on-site consumption), in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards): A. Permit Requirement. Establishments offering the retail sales of alcoholic beverages are subject to all of the restrictions of the applicable zoning district and shall only be allowed as identified in Table 4-1, which may require an Administrative Use Permit (AUP) or a Conditional Use Permit (CUP) in compliance with Chapter 17.530. TABLE 4-1 PERMIT REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES Zoning District(s): Type of Establishment Permit Requirement CN Zoning District: 1. Alcoholic beverage sales incidental to a restaurant or retail use if located: a. Within 300 ft of residentially zoned property or an elementary/secondary school. CUP CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft Permit Zoning District(s): Type of Establishment Requirement b. More than 300 ft from a residentially zoned property or an elementary/secondary school. AUP CG, CD, CC, CRR, CRB, IL, IG, and S Zoning Districts: 1. Alcoholic beverage sales that are not incidental to a restaurant if located: a. Within 300 ft of residentially zoned property or an elementary/secondary school. CUP b. More than 300 ft from a residentially zoned property or an elementary/secondary school. No use permit required 2. Alcoholic beverage sales incidental to a restaurant if located: a. Within 300 ft of residentially zoned property or an elementary/secondary school. AUP b. More than 300 ft from a residentially zoned property or an elementary/secondary school. No use permit required 3. Alcoholic beverage sales with the concurrent retailing of motor vehicle fuel. CUP B. Considerations for Approval of a Use Permit. In making the findings required for the approval of an Administrative Use Permit or Conditional Use Permit, the following issues shall also be considered. 1. Whether the proposed use will result in an undue concentration of establishments dispensing alcoholic beverages. 2. Whether the proposed use will result in any adverse impact on any adjacent or nearby residential uses, religious facilities, schools, libraries, public parks and playgrounds, and other similar uses. C. Vehicle Fueling Stations Selling Alcoholic Beverages. In addition to the other requirements of this section, vehicle fueling stations selling alcoholic beverages shall be subject to the following: 1. No advertisement of alcoholic beverages shall be displayed at motor vehicle fuel islands. 2. No illuminated advertising for alcoholic beverages shall be located on buildings, windows, doors, or freestanding signs. 17.400.020 – Animal Boarding, Pet Day Care, Veterinary Clinics and Animal Hospitals 4-3 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-4 This Section provides operational standards for kennels, pet day care facilities, veterinary clinics and animal hospitals in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone- Specific Development Standards). A. Operational Standards. 1. All operations must be conducted within a completely enclosed building. 2. Outdoor dog runs are permitted only within the IG or IL zone and when the facility is located at least 200 feet from a residentially zoned property. 3. The areas within the building where animals are boarded shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to surrounding properties, as determined by the Director. 4. The areas of the building where animals are boarded shall have a minimum of 10 air changes per hour. 5. Animal isolation areas shall have 100% fresh air with all air exhausted and none returned to the ventilation system. 6. Public access areas shall be provided with a separate ventilation system from the animal boarding and treatment areas. 7. The areas used for animal boarding, isolation, and treatment shall be constructed of easily cleaned materials. 8. All areas where animals are present shall be cleaned a minimum of twice daily in order to provide appropriate odor control and sanitation. 17.400.025 - Automatic Teller Machines (ATMs) This Section provides location, development, and operating standards for automatic teller machines (ATMs), in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards): A. Location Requirements. ATMs proposed on the exterior of structures shall be (See Figure 4- 1): 1. Setback from an adjacent street curb or alley by a minimum of 7 feet. 2. A privacy area immediately in front of each ATM measuring at least 5 feet wide by 4 feet deep shall be provided. Methods for defining the privacy area shall be approved by the Director. 3. Located to not eliminate or substantially reduce any landscaped areas. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-5 4. Located to not allow drive-through access from a vehicle. 5. Located to ensure the safety and security of patrons. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft FIGURE 4-1 ATM LOCATION REQUIREMENTS B. Design. All construction and modifications to the exterior of the structure pertaining to the installation of the ATMs shall be completed in a manner consistent with the architectural design of the structure and in conformance with all applicable City architectural standards and guidelines. C. Lighting. Each exterior ATM shall be provided with security lighting in compliance with Section 17.300.040 (Outdoor Lighting) or State law, whichever is more restrictive. D. Maintenance. Each ATM shall be provided with receptacles sufficient in size and number to accommodate trash and smoking materials generated by users of the ATM. E. Parking. In addition to any other off-street parking required by Chapter 17.320 (Off-Street Parking and Loading) for any other uses located on the site, each exterior ATM shall require one off-street parking space. The required parking shall be located as close as possible to, but not more than 100 feet from, the ATM, and shall be marked, as approved by the Director, for the exclusive use of ATM customers. ATMs located within the CD zone are exempt from both the parking space and proximity requirements. 4-6 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-7 17.400.030 - Check Cashing Businesses This Section provides location and operating standards for check cashing business in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Distance Separation. A minimum linear distance of 1,000 feet shall be required to separate all check cashing businesses from another existing check cashing or pawnshop business, parks, playground, primary and/or secondary schools, and single-family zoned property. B. Plans Required. Development plans shall be submitted with the application for the required Conditional Use Permit clearly illustrating the details of the proposed exterior (e.g., elevations, lighting, signs, etc.), interior (e.g., layout and design, lighting, window display, etc.), days and hours of operation, and customer queuing in order to ensure that the use shall be developed and operated in a manner that would be compatible with an attractive, stable, and thriving commercial district conducive to retail shopping. 17.400.035 - Child Day Care Facilities This Section provides location, development, and operating standards for child day care facilities, in a manner that recognizes the needs of childcare operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this Title and requirements imposed by the California State Department of Social Services. Licensing by the Department of Social Services is required for all facilities. The establishment of a child day care facility shall comply with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards), and the following criteria and standards: A. Large Family Day Care Home – Administrative Use Permit Required. A Large Family Day Care Home requires approval of an Administrative Use Permit, in compliance with Chapter 17.530 (Administrative Use Permits and Conditional Use Permits), and is subject to the following additional provisions: 1. Notice of filing of the application shall be in accordance with Chapter 17.620 (Public Hearings and Administrative Review) and the following additional requirements: a. The notice shall include information on the right to request a hearing on the application. b. The notice shall be mailed by the Director within 15 days after receipt of a complete application. 2. Except as provided in Subsection A.3., immediately below, the Director shall have authority without a hearing to approve, conditionally approve, or disapprove the application based on the required findings in Chapter 17.530 (Administrative Use Permits and Conditional Use Permits). 3. If one of the property owners or occupants notified in compliance with Subsection A. 1. above files a written request with the Division within 15 days after the date the notice was mailed, the application shall be referred to the Planning Commission for public hearing. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-8 The hearing shall be promptly scheduled by the Director. Notice of the hearing shall be in accordance with Chapter 17.620 (Public Hearings and Administrative Review). Any person may present oral or written testimony at the hearing. The Planning Commission shall approve, conditionally approve, or disapprove the application based on the required findings in Chapter 17.530 (Administrative Use Permits and Conditional Use Permits). 4. The decision on the application by the Director or Commission may be appealed in compliance with Chapter 17.630 (Appeals). B. Large Family Day Care Homes - Development Standards. The following standards shall apply: 1. The home shall be the principal residence of the child care provider, and the child care use shall be incidental to the residential use. 2. A minimum 175-foot radius separation shall be provided from every other similar use. However, if the frontage of the proposed use is along the same street as the frontage of another similar use, the minimum separation shall be 300 linear feet. 3. A minimum of 600 square feet of open space shall be provided for an outdoor play area, none of which shall be located in the required front setback, and all of which may be satisfied by the minimum open space requirements identified in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). 4. Use of the outdoor play areas shall be limited to the hours of 8:00 a.m. to 6:00 p.m. only. 5. On-site advertising signs shall be prohibited. 6. In addition to the required residential parking, one additional on-site parking space shall be provided for each employee not residing on the site. 7. The traffic and noise generated by a large family day care home shall not adversely impact the residential character of the neighborhood in which it is located. The applicant shall provide the Director with information relating to traffic and noise on an environmental information form provided by the City. This information shall be used to determine whether adverse impacts will likely occur. If the applicable review authority determines adverse impacts will likely occur, the application may be approved subject to development conditions (e.g., mitigation measures) which would reduce the identified impacts to acceptable levels. 8. Each operator shall secure and maintain a valid State issued license for the operation of a large family day care home at the proposed location. The Use Permit shall not become effective until the applicant provides the Director with a copy of the State issued license nor shall it remain in effect unless the applicant maintains a current valid State issued license. 9. The Fire Department shall conduct a fire clearance inspection for the facility upon receipt of the appropriate paperwork from the California State Department of Social Services. Fire and life safety inspections will be conducted annually thereafter. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-9 17.400.040 - Condominium Conversions A. Purpose and Applicability. 1. The purpose of the standards and requirements contained in this Section is to control and regulate the conversion of rental dwelling units to condominiums for the purpose of assuring the orderly conversion of such units consistent with City policies regarding public health, safety, and welfare. 2. These provisions shall apply to proposals to convert existing developments of 5 or more rental dwelling units on any parcel to condominiums, which shall require the approval of a Site Plan Review by the Planning Commission subject to compliance with the Property Development Standards described herein. 3. Developments of less than 5 rental units shall be prohibited from converting to condominiums. B. Application Requirements. 1. Applications for a Site Plan Review and a Tentative Map to allow a project to convert from rental to ownership units shall be accompanied by sufficient information to evaluate the project for compliance with the provisions of this Section. 2. Required information shall include the following: a. Plans. A detailed site plan and floor plan, as required by the Planning Division, that reflect existing conditions and proposed improvements to the building and/or site. b. General conditions report. A report detailing the condition and estimating the remaining useful life of each element of the proposed condominium project including: built-in household appliances, mechanical systems, electrical systems, plumbing systems, sewer systems, foundations, framing, roofs, heating and cooling systems, interior and exterior wall coverings, utility connections, fire sprinkler systems, alarm systems, standpipe systems, structural elements, trash disposal facilities, parking facilities, recreational facilities, landscaped areas, and storage areas. This report shall be prepared by an independent, State-licensed structural engineer, architect, or general contractor. c. Building history report. A report detailing the major uses of the development site since construction and the date and description of all structural renovations, operating system upgrades, major repairs requiring a building permit, and construction of structures, fences, walls, landscaping, etc. d. Pest report. A pest information report addressing the present condition of the structure as it may be affected by dry rot, roaches, termites, or other insects, and recommending work required to render the structure free of infestation. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-10 e. Acoustical report. An inter-unit acoustical report, prepared by a licensed and certified acoustical professional. f. Site improvements report. A report that lists all proposed site improvements. g. Tenant list. One typed mailing list and two sets of mailing labels (formatted for reproduction on City labels) with the names and addresses of all tenants of the project at the time of the application to the City. An updated list of tenant names and addresses shall be submitted every 6 months following submittal of the application until such time as final action has been taken. h. Tenant notification. The subdivider shall submit copies of all written notices required by the California State Subdivision Map Act and Section 17.400.055.E., Tenants' Rights, with a complete list of all tenants notified. i. Other information. Other information as may be required by the Director to provide a thorough evaluation of the proposed condominium project. C. Inspections. The following inspections shall be made after the application has been deemed complete: 1. The Building Official or designee shall review the General Conditions Report and inspect the property to verify the accuracy of the General Conditions Report, to identify any health and safety hazards, and to identify any non-permitted construction on the site. 2. The Fire Marshal shall review the General Conditions Report and inspect the property to determine the sufficiency of the current fire protection systems and to identify any health and safety hazards. D. Property Development Standards. 1. Minimum project size. A minimum of 5 units per development shall be required for the conversion of existing multi-family dwelling units to condominiums. 2. Access ways and exiting. All life and fire safety issues, such as stairs, corridors, and doors, shall comply with Uniform Building Code regulations in effect at the time of conversion. 3. Adequate light and ventilation. Adequate light and ventilation shall meet Uniform Building Code regulations in effect at the time of conversion. 4. Emergency egress. Emergency egress shall meet Uniform Building Code regulations in effect at the time of conversion. 5. Fire suppression. Smoke detectors meeting current Uniform Building Code requirements at the time of conversion shall be installed in residential units and other enclosed common areas (e.g. hallways, recreation rooms, and utility rooms). Additional fire suppression equipment (e.g. alarm systems, fire extinguishers, and smoke detectors) shall also be provided as required by the Fire Department. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-11 6. Minimum room dimensions. Minimum room dimensions, including minimum ceiling heights, floor area, and width, shall meet the Uniform Building Code regulations in effect at the time of conversion. 7. One hour separation. A minimum one hour separation shall be provided between dwelling units and accessory rooms, such as common storage rooms and laundry rooms. 8. Structural condition. Structures shall be in sound condition, pest- and vermin-free, and watertight, as determined by the General Conditions Report and the inspection by the Building Official or designee. 9. Off-Street parking. Off-street parking shall be provided consistent with Zone Standards in effect at the time of conversion. 10. Separate utility metering. The consumption of gas and electricity shall be separately metered for each dwelling unit. A water shut-off valve shall be provided for each dwelling unit. 11. Sound attenuation. Common walls and ceilings of units shall be constructed or upgraded using techniques to limit noise transmission as specified by the Uniform Building Code for new construction or equivalent in effect at the time. 12. Public works. Missing or damaged off-site improvements, including the following, shall be repaired or replaced: curb and gutter, drive aprons, sidewalks, streetlights, and street trees. 13. Landscaping. All landscaping shall be in compliance with Chapter 17.310 (Landscaping). 14. Laundry facilities. Each dwelling unit shall be provided with its own laundry facilities, or alternate group facilities that are convenient to all dwelling units and approved by the City. 15. Minimum unit size. The minimum unit size shall be consistent with Zone Standards in effect at the time of conversion. 16. Open space. Each dwelling unit shall be provided with accessible on-site open space consistent with Zone Standards in effect at the time of conversion. 17. Shock mounting of mechanical equipment. All permanent mechanical equipment, including domestic appliances, shall be shock mounted, isolated from the floor and ceiling, or otherwise insulated in a manner to lessen the transmission of vibration and noise. 18. Trash enclosures. Required trash enclosures shall be in compliance with City standards at the time of conversion. 19. Additional standards. Additional standards applicable to the site as determined through the Site Plan Review process. E. Tenants’ rights. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-12 1. The subdivider shall adhere to all applicable noticing requirements of the California State Subdivision Map Act. 2. The subdivider shall furnish tenants with a copy of this Section. 3. The subdivider shall not increase tenant's rents for a period of one year from providing to such tenants notification of intent to convert. 4. Upon notice of termination of tenancy, the subdivider shall provide a relocation allowance equal to 2 months current rent to all current, non-purchasing tenant households that received notification of intent to convert subsequent to entering into a rental or lease agreement. 5. The subdivider shall grant an extension of tenancy at the time of termination as necessary to permit each tenant of the proposed condominium project in attendance at a K-12 school within the City to complete the current school term. F. Findings. The Planning Commission may approve a Site Plan Review application for a condominium conversion if it finds that the proposed conversion project meets the following: 1. All the provisions and standards for conversion of a project to condominiums as set forth in this Section are met. 2. A Tentative Map has been approved, or is concurrently being approved, for the condominium conversion project. 3. The overall design and physical condition of the condominium conversion achieves a high standard of safety, quality, and appearance. 4. The subdivider has not engaged in coercive, retaliatory eviction or action regarding tenants after the submittal of the first application for City review through the date of approval. 17.400.045 - Drive-In and Drive-Through Facilities This Section provides standards for the location, development, and operation of drive-in and drive- through facilities, in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone- Specific Development Standards), which shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness.: A. Development standards for drive-in/drive through facilities. 1. Drive aisle length. The drive through aisle shall provide a minimum of 140 feet of queuing length, of which at least 60 feet shall be provided before an on-site menu board. The drive aisle shall be measured along the centerline from the entry or beginning of a drive-aisle, to the center of the farthest service window area. 2. Drive aisle width. Drive aisles shall have a minimum 10 foot interior radius at curves and a minimum 12 foot width. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 3. Drive aisle separation. Each drive aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to any off-street parking spaces. 4. Drive aisle entrance. Each entrance to a drive aisle and the direction of traffic flow shall be clearly designated by signs and/or pavement markings as deemed necessary by the Director. 5. Walkways. Pedestrian walkways should not intersect the drive aisles to the extent possible. Where they do, they shall have clear visibility and be emphasized by enhanced paving or markings as deemed necessary by the Director. 6. Screening. Each drive aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjoining land uses, public rights-of-way, and parking lots, as deemed necessary by the Director, 7. Decorative wall. A 6 foot high solid decorative masonry wall shall be constructed on each property line that adjoins a residential developed parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. 8. No reduction in parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces. 17.400.050 – Firearms Sales This Section provides location and operating standards for firearms sales in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Distance Separation. A minimum linear distance of 1,000 feet shall be required to separate all establishments that offer firearms for sale from all other establishments that offer firearms for sale, and from parks, playgrounds, and primary and/or secondary schools. 17.400.055 - Home Occupations This Section provides standards for home occupations, in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). It is the intent of the City to allow a home occupation within a dwelling unit provided the home occupation is deemed incidental to and compatible with surrounding residential uses: A. Allowed Home Occupations. The following are deemed appropriate business activities when conducted by the occupants of a dwelling in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood. Allowable home occupations shall be limited to the following activities: 1. Art, music and similar fine-art related lessons, and academic tutoring, which do not generate more than six additional vehicle trips to the dwelling each day; 4-13 CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-14 2. Office-type uses, including an office for an accountant, architect, attorney, consultant, insurance agent, licensed therapist, musician, planner, technical advisor, or writer, which do not generate more than six additional vehicle trips to the dwelling each day. 3. Office/information uses that involve the use of a computer, telephone, and other electronic equipment, which do not generate more than six additional vehicle trips to the dwelling each day. 4. Art and craft work (ceramics, painting, photography, sculpture, etc); 5. Sewing (e.g., dressmaking, millinery) and small handcrafts. 6. Other uses the Director deems to be of the same general character as those listed above, and not detrimental to the applicable residential zoning district and surrounding neighborhood. B. Prohibited Home Occupations. The following list presents examples of commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited: 1. Adult business activities or businesses. 2. Businesses that involve the breeding , grooming, harboring, raising, or training of dogs, cats, or other animals on the premises. 3. Carpentry and cabinet making (does not prohibit a normal wood-working hobby operation). 4. Dance club or night club. 5. Fortune telling (psychic). 6. Hair, nail, facial, and similar personal care 7. Manufacturing and/or assembly. 8. Massage therapy. 9. Medical and dental offices, clinics, and laboratories. 10. Personal self-storage (mini-storage). 11. Plant nursery. 12. Retail sales (e.g. stock on hand and customers coming to the home are NOT allowed). 13. Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit “mobile” minor repair or detailing at the customer’s location). 14. Welding and machining. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-15 15. Other uses determined by the Director not to be incidental to or compatible with residential activities. C. Operating Standards. Home occupations are an accessory use to the primary residential use of the site, and shall comply with all of the following operating standards. 1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence, and shall not alter the appearance of the dwelling. 2. Limitations on clients. No customer or client visits to the site of a home occupation shall be permitted, except for the activities identified in Subsections A.1. and 2., above. A physically or mentally impaired individual who is prevented, by the nature of the impairment, from independent travel, may invite clientele, customers, or patrons to the premises to conduct business that do not exceed more than 6 additional vehicle trips to the dwelling each day. 3. Visibility. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity or storage of materials be visible from the adjoining public right-of-way, or from neighboring residential properties. 4. Display, sales or storage. Outdoor display, indoor or outdoor sales, or outdoor storage of materials shall not be allowed on the premises. 5. Advertising. Advertising signs on or off the site shall not be allowed. 6. Parking. The use shall not significantly impact the on-street parking in the neighborhood. 7. Safety, occupancy classification. Activities conducted and equipment or material uses shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials. 8. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances, nor any other negative effect that may be felt, heard, or otherwise sensed on adjoining parcels, as determined by the Director. 9. Employees. A home occupation shall have no employees working on the site of the home occupation other than full-time residents of the dwelling. 10. Deliveries. The frequency of deliveries shall not exceed that normally and reasonably occurring for a residence, nor shall the types of vehicles. 11. Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles, and one commercially licensed automobile, pickup truck, or van. 12. Equipment. The use of power equipment not normally associated with a residence shall not be allowed as part of a home occupation, nor shall any other mechanical equipment. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-16 13. Utility services modifications. The home occupation use shall not have utility service modifications, other than those required for normal residential use, that would be classed as commercial or industrial in load or design. 17.400.060 - Live/Work Development Standards Pending City Council Action. 17.400.065 – Mixed Use Development Standards Pending City Council Action. 17.400.70 – Outdoor Dining This Section provides location, development, and operating standards for outdoor dining facilities in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). A. Definition. As used in this Section, an outdoor dining area is a place on the public sidewalk or private property where patrons may consume food and/or beverages provided by an adjacent food service establishment. The establishments may either provide table service in the outdoor dining area or sell take-out items consumed in the outdoor dining area. B. Outdoor Dining (Public Right of Way). 1. Standards and procedures. All standards and procedures for the operation of outdoor dining areas in the public right of way are contained in City Council Resolution No. 96- R008, and in Section 9.08.035 (Use of Sidewalks for Outdoor Dining) of the Municipal Code. 2. Agreement required. Outdoor dining on the public sidewalk may only occur subject to an Outdoor Dining License Agreement approved by the City Engineer in compliance with Section 9.08.035 (Use of Sidewalks for Outdoor Dining) of the Municipal Code. 3. Sale of alcoholic beverages. Establishments serving alcoholic beverages that apply for an Outdoor Dining License Agreement shall meet the additional requirements of the State Alcohol Beverage Control Board. Sale of the alcoholic beverages in outdoor dining areas shall comply with Section 17.400.015 (Alcoholic Beverage Sales). 4. Parking. All space used for outdoor dining on the public sidewalk shall be added to the gross square footage of the food service establishment when calculating parking requirements, as specified in Section 17.320.020 (Number of Parking Space Required). C. Outdoor Dining (Private Property). 1. Review requirement. An outdoor dining or seating area shall require the approval of an Administrative Use Permit, and shall be developed in compliance with an approved site CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-17 plan which indicates the areas dedicated for outdoor dining and the maximum seating capacity for the outdoor dining area. 2. Location requirements. a. The outdoor dining area shall be located directly adjacent to the food service establishment which it serves. b. When located immediately adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the residential use. 3. Operating requirements. a. Outdoor cooking. Cooking within an outdoor dining area may occur only with Administrative Use Permit approval. b. Placement of tables. Tables shall be placed only in the locations shown on the approved site plan. c. Hours of operation. The hours and days of operation on the outdoor dining area shall be identified in the approved Administrative Use Permit. d. Clean-up and maintenance. Outdoor dining areas shall be kept in a clean condition and free of litter and food items which constitute a nuisance to public health, safety and welfare. 4. Lighting. Illumination for outdoor dining areas shall incorporate lighting which shall be installed to prevent glare onto, or direct illumination of, any residential property or use, in compliance with Section 17.300.040 (Outdoor Lighting). 5. 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 comply with Chapter 17.310 (Landscaping). 6. Parking. All space used for outdoor dining shall be added to the gross square footage of the food service establishment when calculating parking requirements, as specified in Section 17.320.020 (Number of Parking Space Required). 7. Sale of alcoholic beverages. Outdoor dining areas serving alcoholic beverages shall meet and be in compliance with the requirements of the State Alcohol Beverage Control Board. Alcoholic beverages in outdoor dining areas shall comply with Section 17.400.015 (Alcoholic Beverage Sales). 8. Design compatibility. a. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-18 b. The use of awnings, plants, umbrella, and other human scale elements is encouraged to enhance the pedestrian experience if applicable. c. The relationship of outdoor dining areas to churches, hospitals, public schools, and residential uses shall be considered by the Director. Mitigation measures should be utilized to eliminate potential impacts related to glare, light, loitering, and noise. d. Outdoor dining areas shall not inhibit vehicular or pedestrian traffic flow. 9. Additional standards. At the discretion of the 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 dining area. a. Amplified sound and music may be prohibited within the outdoor dining area. b. 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. c. Separation by a physical barrier to define the limits of the outdoor dining space may be required, with the design to be approved by the Director. 17.400.075 - Outdoor Retail Sales and Display This Section provides location, development, and operating standards for outdoor retail sales and display on privately owned property in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Accessory Outdoor Display. Outdoor displays incidental and complementary to an allowed use on commercially zoned parcels shall be subject to the approval of an Administrative Use Permit approved by the Director, and all of the following standards: 1. Outdoor displays shall be: a. Approved with a defined fixed location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, or parking spaces. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic. b. Directly related to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site. c. Limited to the hours of operation of the business and portable and removed from public view at the close of each business day. d. Managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair. e. Placed to avoid obstruction of structure entrances and on-site driveways. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-19 2. Outdoor displays shall not be: a. Placed within 100 feet of any residential dwelling, except for mixed-use projects. b. Placed so as to impede or interfere with the reasonable use of the store front windows for display purposes. c. Counted toward the gross floor area in determining the parking requirement for the use. d. Permitted to include signage graphics, balloons, banners, flags, streamers, wind activated devices, or other similar devices within the display area, except for building or freestanding signs pursuant to Chapter 17.330 (Signs). 17.400.080 - Outdoor Storage This Section provides location and operating standards for the establishment of outdoor or open storage of materials in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Location. The storage shall: 1. Be ancillary to the primary use of the main structure; 2. Not comprise more than 25 % of the total gross land area of the subject parcel; 3. Be paved in compliance with City standards; 4. Not be located within a required off-street parking or loading area. B. Enclosure Required. An outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate. The Director may allow the substitution of a solid fence, after determining that the substitution would adequately comply with the provisions of this Section. 1. The required wall or fence shall: a. Not be less than 6 feet nor more than 8 feet in height. b. Incorporate design elements to prohibit or prevent easy climbing and access by unauthorized persons. c. Be subject to the approval of the Director. 2. Walls abutting a right of way shall comply with Section 17.300.030 (Fences, Hedges, and Walls). C. 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. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-20 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 outside the enclosed storage area. 4. If abutting a residential zoning district, only be accessed between 8:00 a.m. and 10:00 p.m., to avoid being a nuisance to neighbors. D. Landscaping. Landscaping shall be installed, wherever possible, to lessen the visual impact of the outdoor storage area. The design, installation, and maintenance of the landscaping shall comply with Chapter 17.310 (Landscaping). 17.400.085 - Pawnshops This Section provides location and operating standards for pawnshops in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Distance separation. A minimum linear distance of 1,000 feet shall be required to separate all pawnshops from another existing pawnshop, check cashing business, park, playground, primary and/or secondary school, and single-family zoned property. B. Plans required. Development plans shall be submitted with the application for the Conditional Use Permit required for pawnshops, clearly illustrating the details of the proposed exterior (e.g., elevations, lighting, signs, etc.), interior (e.g., layout and design, lighting, window display, etc.), days and hours of operation, and customer queuing in order to ensure that the use shall be developed and operated in a manner compatible with an attractive, stable, and thriving commercial district conducive to retail shopping; and C. Prohibited hours of operation. Pawnshops shall be prohibited from public operations between the hours of 9:00 p.m. and 9:00 a.m. 17.400.090 - Recycling Facilities This Section provides location, development, and operating standards for various types and sizes of recycling facilities, in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone- Specific Development Standards): A. Permit requirements. Recycling facilities are subject to permit review/approval in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), provided that the development standards established in this Section are met. B. Definitions. The following words and phrases as used in this Title are defined as follows: Recycling Facilities. Facilities open to the public for the collection or processing of recyclable material, subject to certification under the California Beverage Container Recycling and Litter Reduction Act, which include the following types of facilities: 1. Incidental Small Collection Recycling Facility. A use which is incidental to a primary use of property and is established for the acceptance of recyclable materials from the public, CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-21 occupying less than 500 square feet. Incidental small collection recycling facilities may include the following as defined in this Chapter: a. One or more single reverse vending machines in a grouping that includes separate containers adjacent to each machine. b. Recyclable material containers which do not utilize power driven processing equipment. 2. Small Collection Recycling Facility. A use subordinate to and different from the main use of property, which subordinate use is established for the acceptance of recyclable materials from the public, occupies an area no larger than 1,200 square feet and which involves no permanent structures. A small collection facility may include the following: a. One or more bulk reverse vending machines. b. A mobile recycling unit c. Kiosk type units. 3. Large Collection Recycling Facility. A collection facility that is larger than 1,200 square feet and is the main use of the property and may include permanent structures. For the purposes of this definition, the area shall be composed of the cumulative total of all permitted recycling facilities on a site, lot or parcel. The use is established for the acceptance and storage of recyclable materials from the public. 4. Recyclable Material. Aluminum, glass, plastic, paper and other items which are intended for remanufacture or reconstitution for the purpose of reuse in an altered or renewed form. Refuse or materials deemed hazardous by the Culver City Fire Chief are expressly excluded from this definition. 5. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. 6. Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers. 7. Recycling Facility, Processing. A building or enclosed space used for the collection and processing of recyclable materials for efficient shipment, or to an end user’s specifications, through baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, remanufacturing and other methods. C. Standards for Specific Types of Recycling Facilities. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-22 1. Reverse Vending Machines. Reverse vending machines shall comply with the following standards: a. Accessory use only. The machines shall be installed as an accessory use in compliance with the applicable provisions of this Title, and shall not require additional parking. b. Location Requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be located within 30 feet of a building entrance, and shall be constructed of durable waterproof and rustproof materials. c. Maximum size. When located outdoors, the area occupied by the machines shall not exceed 50 square feet, including any protective enclosure, nor 8 feet in height. d. Signs. Signs shall not exceed a maximum of 4 square feet on each machine, exclusive of operating instructions. e. Hours of operation. The machines shall have operating hours which are the same as the operating hours of the primary use. f. Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation as determined by the Director. 2. Small Collection Facilities. Small collection facilities shall comply with the following standards. a. Location requirements. Small collection facilities shall: i. Not be located within 100 feet of any parcel zoned or occupied for residential use; ii. Be set back at least 10 feet from any public right of way, and not obstruct vehicular or pedestrian circulation. b. Maximum Size. A small collection facility shall not occupy more than 1,200 square feet nor more than 6 parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers. c. Appearance of facility. Collection containers and any site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods. d. Operating standards. Small collection facilities shall: i. Not use power-driven processing equipment, except for reverse vending machines. ii. Accept only glass, metal or plastic containers, paper, clothing, and reusable items; and CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-23 iii. Use containers that are constructed with durable waterproof and rust proof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule. iv. Shall not exceed noise levels of 50 dBA as measured at the property line of the nearest residentially zoned or occupied property, and in no event shall exceed 60 dBA. v. Collection of recyclable materials and normal maintenance of the facility shall only be performed during the following hours. (a) Mondays through Fridays: from 7:00 am to 6:00 pm (b) Saturdays: from 8:00 am to 6:00 pm. (c) Sundays: from 9:00 am to 6:00 pm (d) If emergency maintenance or repairs must be performed during other hours, the Culver City Police Department shall be notified prior to performing the maintenance or repairs. vi. Containers for the 24 hour donation of materials shall be at least 100 feet from any residentially zoned property unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. vii. Shall be free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day. e. Signs. Notwithstanding any other Municipal Code provision, the following information shall be displayed for each facility on one or more signs that collectively do not exceed 16 square feet. i. Identification of the types of material to be deposited. ii. Operating instructions. iii. Hours of Operation iv. Telephone number of the operator, responsible person or company. f. Lighting. The collection facilities shall be illuminated when needed to ensure comfortable and safe operation as determined by the Director. g. Planters. The facility should, wherever feasible, be located adjacent to an existing planter area if pedestrian or vehicular circulation will not be obstructed or screened with additional landscaping as determined by the Director. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-24 h. Storage of materials. All recyclable materials shall be stored in containers. Outdoor storage of materials is prohibited. i. Parking requirements. i. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed. ii. 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. iii. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility would be on the site. 3. Large collection facilities. Large collection facilities shall comply with the following standards. a. Location requirements. The facility shall not abut a parcel zoned or used for residential use. b. Container location. Containers shall be constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials. c. Screening. The facility shall be screened from public rights of way by landscaping and solid masonry walls at least 6 feet in height or shall be located within an enclosed structure. Walls abutting a right of way shall comply with Section 17.300.030 (Fences, Hedges, and Walls). d. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district. e. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers ,shall not be visible above the height of the required solid masonry walls. f. Operating standards. i. The site shall be maintained to be clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. ii. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-25 iii. Noise levels shall not exceed 50 dBA as measured at the property line of residentially zoned or occupied property, and in no event shall exceed 60 dBA. 4. Processing facilities. Processing facilities shall comply with the following standards. a. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use or noise sensitive receptors (such as hospitals and schools) and shall be located within an enclosed building except for incidental storage. Facilities must be at least 500 feet from residential property or noise sensitive receptors. b. Limitation on use. Processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. c. Container location. Containers provided for 24-hour donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials. d. Screening. A processing facility shall be located within an area enclosed on all sides by a solid masonry wall, not less than 8 feet in height, and landscaped on all street frontages. e. Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Stored material, excluding truck trailers, shall not be visible above the height of the required solid masonry walls. f. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, and free of litter and debris, shall not be detectable on adjoining parcels. 17.400.095 – Residential Uses - Accessory Dwelling Units This section establishes the standards for the development of an Accessory Dwelling Unit in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards): A. Minimum Lot Size. A minimum lot size of 6,000 square feet shall be required for the construction, use and maintenance of accessory dwelling units. B. Maximum Unit Size. The maximum permitted unit size may be up to 1/2 the gross square footage of the primary dwelling unit on the lot, but shall not exceed 600 gross square feet in floor area. C. Minimum Unit Size. The minimum unit size shall be 220 gross square feet. D. Zones in which Accessory Dwelling Units may be Constructed. The construction, use, and maintenance of accessory dwelling units shall only be permitted in the R1, R2 and R3 Zones. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-26 E. Density. Accessory dwelling units shall be permitted on properties with no more than one existing dwelling unit currently on the site. No more than one accessory dwelling unit is allowed on a property. F. Minimum Room Dimensions. Minimum room dimensions, including ceiling heights, floor area and width, shall meet the Uniform Building Code regulations in effect at the time of construction. G. Location. Accessory dwelling units shall be located behind the primary dwelling. H. Parking. One uncovered non-tandem parking space shall be required for an accessory unit. Required parking may not be located within the front setback area leading to the required covered parking. No tandem parking is permitted unless it is adjacent to an alley. If access to parking for the accessory dwelling unit is provided from an alley, the applicant shall pay a pro- rata share for the paving of an unpaved alley. I. Habitability. Accessory dwelling units shall be fully habitable and shall include kitchen and bathroom facilities. A maximum of one separate bedroom shall be permitted per unit. J. Occupancy Restrictions. There shall be no occupancy restrictions on the accessory unit however, the applicant for an accessory unit pursuant to this section must be a resident property owner. K. Setbacks. The setback requirements for an accessory dwelling unit shall be the setback requirements of the Zone in which the dwelling unit is located. L. Conversion of Nonconforming Structure. When an existing nonconforming accessory structure is converted to an accessory dwelling unit, the required setbacks for the zone in which the unit is located must be provided. Legal nonconforming setbacks must be brought into conformance with the zoning regulations in effect at the time the unit is converted. M. Design Standards. Specific design standards to encourage design compatible with existing structures on-site and to protect the privacy of adjacent properties may be applicable to the project as determined by the Administrative Use Permit process. N. Additional Standards. All other standard requirements shall apply according to the zone in which the subject property is located; including but not limited to, open space, building height and distance between structures. 17.400.100 – Residential Uses - Accessory Residential Structures This Section provides standards for accessory structures allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards): A. General Requirements for Residential Accessory Structures. 1. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to and not alter the residential character of the site. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-27 2. Allowable heights. The maximum allowable heights of residential accessory structures are specified in Table 4-2, Maximum Heights for Residential Accessory Structures, below. TABLE 4-2 MAXIMUM HEIGHTS FOR RESIDENTIAL ACCESSORY STRUCTURES Applicable Zoning District Maximum Height Single-Family Residential (R1), Two-Family Residential (R2) and Three-Family Residential (R3) zoning districts. 26 ft Low density Multiple Residential (RLD), Medium Density Multiple Residential (RMD) and High Density Multiple Residential (RHD) zoning districts. 30 ft 3. Allowable setbacks. a. The structure shall have a setback of at least two feet from every perimeter property line, except that the setback shall be the same as required for the primary dwelling in the zoning district in which the accessory structure is located whenever the accessory structure: i Exceeds 12 feet in height; or ii. Is within a setback facing a public street right-of-way. b. If the structure is a carport or garage, it shall be set back from a public street right-of- way as necessary to conform with the requirements of Section 17.320.035.N. (Special Parking Requirements for Residential Uses). c. Exceptions. The following structures are exempt from the accessory structure setback requirements: i. Movable structures not exceeding 12 feet in height including children’s play equipment, pet shelters, and similar structures may be placed within a required side or rear setback without limitation on location. ii. Trash enclosures may be placed within a required rear or side setback without limitation on location. 4. Site coverage. Roofed accessory structures shall not occupy more than 50% of the required rear or side setbacks, provided that the Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50% is substituted elsewhere on the site, provided that: a. The Director determines that the usability and location of the substitute area is equally satisfactory. b. The substitute area does not exceed a slope of 10%, and has no dimension less than 15 feet. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-28 17.400.105 – Residential Uses - Multifamily Residential Standards This section provides development and operation standards for multi-family residential projects, addressing the requirements for private and common open space, laundry facilities, and other required project features in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone- Specific Development Standards). A. Open Space Requirements. All multi-family residential projects shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space) as required in Chapter 17.210 (Residential Zoning Districts). 1. Configuration of open space. a. Location on site. Required open space areas: i. Shall be easily accessible. ii. Shall be provided as continuous, usable site elements, which may include setback areas at ground level. iii. 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 as determined by the Director. Provision of private open space shall not reduce the common open space requirements of this section. b. Rooftop open space. Private open space and up to 40% of the common open space may be located on a rooftop, provided that they: i. Include substantial active or passive recreational facilities and/or landscaping as approved by the Director. ii. 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 or on adjacent parcels. iii. Comply with the limitations in subsection A.1.c., below. c. Dimensions. All open space areas shall be of sufficient size to be usable by residents as determined by the Director. i. Private open space areas shall have a minimum dimension of 7 feet, and a configuration that would accommodate a rectangle of at least 100 square feet. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-29 ii. 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. Uncovered areas required. At least 33% of the perimeter of the private open space of each unit, or 100% 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. 2. 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. b. Shall not include driveways, public or private streets, parking spaces, or utility easements where the ground surface cannot be used appropriately for open space, or other areas primarily designed for other operational functions. 3. 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. 4. Surfacing. Open space areas shall be surfaced with any practical combination of turf, paving, decking, concrete, or other serviceable material. 5. Landscaping. The applicant shall submit a landscape plan for approval by the Director. Landscape design, installation, and maintenance shall comply with Chapter 17.310 (Landscaping). 6. Slope. Required open space areas shall not exceed a slope of 10%. B. Facility and Design Requirements. 1. Front yard paving. No more than 45% of the total area of the front yard setback shall be paved for walkways, driveways, and other hardcover pavement. 2. Laundry facilities. All residential developments with 4 or more dwelling units shall provide common laundry facilities, except developments with facilities provided within each unit. a. Keyed access. Laundry facilities shall be provided with keyed access for “tenants only.” b. Location. The facilities shall be evenly disbursed throughout the multi-family development and easily accessible to all tenants as approved by the Director. 3. Outdoor lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 17.300.040 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-30 development and away from adjacent properties. Lighting of at least 1-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 and adjacent properties. All proposed lighting shall be shown on the required landscape plan. 4. 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. 5. Solid waste recycling. Each project shall incorporate innovative designs, both interior and exterior, to make solid waste recycling more convenient and accessible to the occupants. 17.400.110 – Telecommunications Facilities A. Purpose. This Section provides location, development, and operating standards for telecommunications facilities (e.g., dish antenna and cellular mobile radio telephone utility facilities), in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone- Specific Development Standards) and in accordance with Municipal Code Sections 15.02.600 through 15.02.625. B. Definitions. The following words and phrases, as used in this Section are defined as follows: Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g. water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building. Cellular. An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennas. Cellular mobile radio telephone utility facility. A type of remote communication installation that includes a grouping or series of antennas that transmit, relay, and receive radio waves, together with equipment that is functionally integrated into a communication system, that is located on a cell site that is part of a network for transmission of telephone service. Co-location. The locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted, or structure-mounted facility. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-31 Dish Antenna. A parabolic, dish-like antenna which transmits and/or receives electromagnetic waves by line of sight. Ground-Mounted Antenna. An antenna the entire weight of which is supported by a manufacturer and/or installer specified and City approved platform, framework, pole or other structural system, which system is affixed directly on or in the ground by a foundation and which system is free-standing, excluding lateral bracing to a building. Height. The vertical distance between the highest point of a dish antenna when actuated to its most vertical position and the grade below for a ground-mounted dish antenna, and to the roof below for a roof-mounted dish antenna. Monopole. A structure composed of a single spire used to support antennas and related equipment. Primary Dish Antenna Facility. A facility which is the primary use of a site consisting of 1 or more dish antennas, the ancillary structures and electronic equipment necessary to support or operate the antennas, and offices for the business selling transmission services. Reasonable Functional Use. The positioning of a dish antenna which permits substantially unobstructed line of sight with geosynchronous orbiting satellites or microwave dish antennas from or to which the dish antenna receives or transmits electromagnetic waves. Satellite Dish Antenna. An antenna for the home, business or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites. C. Dish Antenna Regulations. 1. Small satellite dish antennas. Satellite dish antennas with a maximum diameter of 24 inches for residential installations, up to a maximum of 2 per dwelling unit; and 78 inches for commercial installations are regulated by Federal law and are exempt from the requirements of this Section. When placed on an historic "Landmark" or "Significant" designated building, per Chapter 15.05, satellite antennas shall comply with the U.S. Secretary of the Interior standards. Compliance with those standards is met if the satellite antenna is placed so that it has no public visibility and does not permanently alter any design feature or element of an historic "Landmark" or "Significant" designated building. If compliance with the U.S. Secretary of the Interior standards cannot be met, alternate locations that still allow reasonable, functional use of the satellite antenna shall be examined and an Administrative Certificate of Appropriateness may be required. 2. Quantity and permit requirements. Table 4-3 below outlines the quantity and permit requirements for dish antennas other than satellite dish antennas exempted above. All dish antennas shall be installed, modified and maintained in accordance with Chapter 15.02 of the Municipal Code and the design provisions set forth in Section 17.400.130.4, below. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-32 TABLE 4-3 - DISH ANTENNA QUANTITY AND PERMIT REQUIREMENTS Location Size Quantity Permit Required Notes All Residential Zones Larger than 24 inch in diameter. 1 per lot or 1 per multifamily residential complex. Building permit only. No transmitting dish antenna shall be permitted in a residential zone. Non- residential zones Less than 6.5 feet in diameter. 3 Building permit only. Receiving and/or transmitting permitted. Must be ancillary to a primary use. Non- residential zones 6.5 feet in diameter to 12 feet in diameter. 3 Administrative Use Permit. Receiving and/or transmitting permitted. Must be ancillary to a primary use. Non- residential zones Greater than 12 feet in diameter. 3 Conditional Use Permit Receiving and/or transmitting permitted. Must be ancillary to a primary use. Non- residential zones Primary Dish Antenna Facility. As determined by CUP. Conditional Use Permit Receiving and/or transmitting permitted. Must be a primary use. IL, IG and S zones Larger than 24 inches in diameter. 4 or more. Administrative Use Permit, if completely screened (1). Conditional Use Permit, if not completely screened (2). Receiving and/or transmitting permitted. Must be ancillary to a primary use. Notes: (1) Completely screened shall mean that the tallest portion of the antenna(s) structure(s) is/are at, or, below the tallest portion of the screening or parapet wall. (2) Not completely screened shall mean that some, or all, of the antenna(s) structure(s) is/are visible from adjoining properties and/or public rights of way. 3. Design standards. Every dish antenna shall be installed, modified and maintained in compliance with the provisions of Chapter 15.02 of the Municipal Code and with the following standards: a. Installation requirements. i. All dish antennas larger than 24 inches in diameter shall be ground-mounted unless the City determines, after considering all applicable regulations of this Chapter and the particular characteristics of the site and improvements whereon a dish antenna is proposed, that a ground-mounted installation is not reasonably feasible or that a roof-mounted installation would better enable screening of the antenna as required in Subsection 4.f., below. The Director may determine that a ground-mounted installation may not be reasonably feasible when: CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-33 (a) The ground mounted installation would not provide reasonable functional use when installed at the maximum height and maximum diameter anywhere on the parcel as permitted by this Section; or (b) The ground mounted installation is precluded from location anywhere on the parcel by other requirements of this Chapter, including but not limited to off-street parking. (c) The ground mounted installation impedes on vehicular or pedestrian circulation and access. ii. The City may require a roof-mounted installation if the City determines that a roof-mounted installation is superior to a ground-mounted installation for purposes of screening. b. Location, height and setbacks. Every dish antenna shall comply with the location, height and setback regulations of this Title, except that: i. No dish antenna shall be installed at a height greater than that approved by the City. In determining the maximum allowable height, the City shall consider the manufacturer's and/or installer's recommended specifications and the heights and potential line of sight obstructions resulting from nearby terrain, structures, landscaping and other features having mass impenetrable by electromagnetic waves; and ii. A roof-mounted dish antenna may be permitted to exceed the maximum allowable building height, but in no case by more than 10 feet. The dish antenna shall be mounted above the roof no higher than is absolutely necessary to safely clear the roof when actuated to its most vertical position. c. Actuation. A dish antenna may be actuated provided applicable height and screening regulations of this Section are met with the dish antenna in its most vertical position, and provided applicable setback regulations of this Section are met with the dish antenna in its most horizontal position. d. Color. No dish antenna shall be of a bright, shiny or glare reflective finish. Every dish antenna shall be finished in colors to insure compatibility with the site and the surrounding area, as determined by the Director. e. Graphics and Signs. No dish antenna shall be used to display a sign or any other graphic. For purposes of this Section, a graphic shall include any display or arrangement of 2 or more colors, patterns dots, lines or other symbols or characters, the primary use or purpose of which, as determined by the Director, is to attract attention to the dish antenna, its manufacturer or its user. A manufacturer's identification label and/or any government required identification or safety labels may be affixed to the backside of the dish or the structural support for the antenna. f. Screening. i. Every dish antenna larger than 24 inches in diameter shall be screened to the City's satisfaction. In determining acceptability of screening, the City shall take into account: CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-34 (a) All existing and/or proposed improvements on and adjacent to the site, including landscaping, walls, fences or other specifically designed devices which preclude or minimize the visibility of the antenna; (b) The grade of the site on which the dish antenna is proposed as related to surrounding, nearby grades of properties and public street rights-of-way; (c) The height of the building(s) on and adjacent to the site above or on which the dish antenna is proposed to be mounted; (d) The configuration of roofline(s) of the building(s) on and adjacent to the site; (e) The general existing aesthetic composition and character of the surrounding neighborhood; and (f) Any other circumstances the City considers relevant. ii. No dish antenna greater than 24 inches in diameter shall be permitted on or above that part of a pitched roof sloping towards and having visibility from a street facing property line. iii. Where, based on the foregoing considerations, the City determines full 4 sided screening is not reasonably feasible, the emphasis for screening shall be placed from the following prioritized views: (a) From all adjoining public streets; (b) From all adjoining residentially zoned properties; (c) From nearby public streets; (d) From nearby residentially zoned properties; and (e) From adjoining and nearby nonresidential zoned properties. iv. Approval of screening may include reasonable conditions deemed by the City necessary to minimize the visual impact of a dish antenna. g. Security. Every ground-mounted dish antenna shall be secured from access to the general public by fencing or another deterring device or means as the City may approve or require so that the antenna is not an attractive nuisance. h. Material. The City may require a dish antenna to consist of solid or mesh material as determined most effective in minimizing the appearance of the dish if it is not fully screened. 4. Plans and permits. a. In addition to the procedures established in Subsection 3 (Quantity and permit requirements), no dish antenna shall be installed or modified except in accordance with plans and a building permit approved by the City. In addition to complying with the structural and electrical requirements of Chapter 15.02 of the Municipal Code, the plans filed with the building permit application shall include a site plan, drawn to scale CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-35 and by dimension, showing all dish antenna and site specific information and details necessary for the City to determine compliance with all applicable provisions of this Chapter. The City may require supplemental information to be filed with the building permit application and basic site plan pursuant to this subsection. b. In addition to the above, plans filed for a transmitting dish antenna shall include microwave interference and radiation data and specifications, all other information required to be filed with the Federal Communications Commission (FCC) in support of the required application for an FCC license, and any other plans and information the City deems relevant. c. Once a building permit for a dish antenna has been issued by the City and installation pursuant thereto has started, all work and improvements per the approved plans and permit shall be completed within 6 months. Failure to complete the work and improvements within 6 months shall be grounds for the City to revoke the permit and require removal of the dish antenna. d. The City may condition any building permit for a dish antenna issued pursuant to this Section upon the removal or modification of any other antennas on the site which are nonconforming with applicable Code requirements. 5. Exceptions. The provisions of this Section may be modified or waived by the City in the following cases: a. National defense or security dish antenna installations; and b. Any receiving dish antenna located in such a manner as to be invisible from any off- site view. 6. Exemptions. The provisions of this Section do not apply to the following: a. Temporary installations for testing for telecommunications purposes only, not to exceed 3 days duration on any 1 lot or parcel for each such purpose; b. Portable dish antennas not to exceed 6 feet in diameter and 35 pounds in weight when set free-standing on the ground in a side yard or rear yard area which is screened from view from any adjoining public street right-of-way as would be required for a permanent installation. D. Cellular Mobile Radio Telephone Utility Facilities. 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: a. On existing buildings (e.g. a rooftop, church steeple, rooftop stairwell or equipment enclosures, etc.). b. Co-location facilities. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-36 c. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening. d. On parcels which will not require significant visual mitigation. 2. Design standards. Every facility shall be designed, installed, modified, and maintained in compliance with following standards: a. Location, height and setbacks. i. More than 1 facility shall be allowed on a site at the Director’s discretion. ii. The facility shall comply with the height and setback requirements for the zoning district in which it is located. iii. The facility shall not be located in a required parking, maneuvering, or vehicular/ pedestrian circulation area. b. Screening. The facility shall be screened from adjacent and nearby public rights-of- way and properties. Screening shall be accomplished through the following specific or equivalent measures, as applicable and as determined by the Director: i. The antennas shall be located in or on existing building features or other site improvements wherever possible, as opposed to creating new building features, site improvements, or monopoles for the support of the antennas. ii. If new building features or other site improvements are necessary for the support of the antennas, they shall be minimized in scale or be designed to architecturally match or compatibly blend with the structure and site to which they are added, and shall not be higher than 13 and 1/2 feet above the roof. iii. If monopoles are necessary for the support of the antennas, they shall be located near existing utility poles, trees, or other similar objects; consist of colors and materials (e.g., metal or creosote wood) that best blend with their background; and have no individual antennas on the poles other than those approved with the subject Administrative Use Permit. iv. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view and placed underground or inside of the screening or monopole structure supporting the antennas. v. The facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility, as determined by the Director. c. Signs. Except for required or allowed safety-oriented signs, no facility shall display signs. The telephone numbers to contact in an emergency shall be posted on each facility. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-37 d. Security. Every facility shall be secured from access to the general public by fencing or other deterring device or means as the City may approve or require so that the antenna is not an attractive nuisance. e. Colors. The antennas, equipment, and supporting structure which are not completely screened shall be painted a single neutral, non-glossy color (e.g., earth tones, black, gray, etc.) to match or be compatible with the site and surrounding area as determined by the Director. 3. Plans and permits. a. All facilities shall be installed in accordance with the plans and building permit approved by the City. In addition to complying with the structural and electrical requirements of Chapter 15.02 of the Municipal Code, the plans filed with the building permit application shall include a site plan, drawn to scale, showing the location of all antennas, equipment and supporting structures and site specific information and details necessary for the City to determine compliance with all applicable provisions of this Chapter. The City may require supplemental information to be filed with the building permit application and basic site plan pursuant to this subsection. b. In addition to the above, plans filed for a facility shall include microwave interference and radiation data and specifications; all other information required to be filed with the Federal Communications Commission (FCC) in support of the required application for an FCC license, and any other plans and information the City deems relevant. c. Once a building permit for a facility has been issued by the City and installation pursuant thereto has started, all work and improvements per the approved plans and permit shall be completed within 6 months. Failure to complete the work and improvements within 6 months shall be grounds for the City to revoke the permit and require removal of the facility. d. The City may condition any building permit for a facility issued pursuant to this Section upon the removal or modification of any other antennas on the site which are nonconforming with applicable Code requirements. 17.400.115 - Temporary Storage Containers This Section provides location, development, and operating standards for temporary storage containers, in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Approval by the Director. Temporary storage containers shall be allowed subject to approval of a Temporary Use Permit, see Chapter 17.520 (Temporary Use and Special Event Permits) by the Director, and subject to all of the provisions of the applicable zoning district; B. Applicability. Temporary storage containers may be allowed if unusual circumstances exist that require the use of a temporary storage container, as determined by the Director. Unusual circumstances include, but are not limited to, construction, business relocation, and natural disasters. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-38 C. Development standards for temporary storage containers. 1. A temporary storage container shall: a. Not be visible from a public street; b. Not be located in a required parking or landscape area; c. Be painted to match the structure(s) on site; and d. Be located on-site not more than 180 days during any consecutive twelve-month period, unless an extension is granted by the Director. 2. Fences, walls, and/or landscaping, or other methods approved by the Director shall be required to properly screen the temporary storage container from a public street, right-of- way, or adjacent residential zoning districts. 3. No signs, other than the operating company identification, shall be allowed on a temporary storage container. 4. The use of a temporary storage container for seasonal storage shall be prohibited. 17.400.120 – Vehicle Fueling Stations This Section provides location, development ,and operating standards for vehicle fueling stations in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Allowable Uses. Vehicle fueling stations shall be limited to selling vehicle fuels and supplying goods and services required in the operation and maintenance of motor vehicles. These shall include the following: 1. Automotive retail sales. The retail sale of batteries, motor fuels, tires, lubricants and oils. 2. Repairs. Incidental minor repairs, including brake, lubrication, tire, and tune up service shall be conducted entirely within an enclosed structure in compliance with the standards in Section 17.400.120 (Vehicle Repair Shops) and where allowed by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards), subject to a conditional use permit. 3. Convenience store. A new or existing vehicle fueling station may include an on site convenience store, as an accessory use where allowed by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards). B. Prohibited Uses. The following uses and services are prohibited at vehicle fueling stations: 1. Autobody and fender repair, painting, upholstery work, and dismantling. 2. Tire recapping, machine work or welding. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-39 3. Overhauling, replacement, or repairing of differentials, engines, front suspension, and transmissions; C. Operational Standards. All vehicle fueling stations shall comply with the following operational standards. 1. Location and display of accessories, batteries, and tires for sale shall be on or within 3 feet of the pump island or the main structure’s exterior; 2. No vehicle rental activities shall be conducted on the vehicle fueling station site; 3. All outdoor/open storage of materials shall be limited to a maximum area of 150 square feet and shall be enclosed by a 6 foot high solid decorative masonry wall, subject to the approval of the Director; D. Development Standards. All vehicle fueling stations shall comply with the following development standards. 1. If a vehicle fueling station adjoins a residential zoning district, a 6 foot high solid decorative masonry wall, in compliance with Section 17.300.030 (Fences, Hedges and Walls) shall be installed along the property line that adjoins the residential zoning district. 2. A 3 foot wide planting strip shall be located on the station site along the entire length of the wall separating the vehicle fueling station from adjacent residentially zoned property and public street rights-of-way, except for driveway openings. All unpaved areas shall be landscaped, in compliance with Chapter 17.310 (Landscaping); 3. A planter area of not less than 100 square feet shall be provided at the corner of 2 intersecting streets, in compliance with Chapter 17.310 (Landscaping). 4. Additional landscaping may be required by the Director to screen the vehicle fueling station from adjacent residential properties. 5. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Section 17.300.040 (Outdoor Lighting). E. Site Maintenance. All vehicle fueling stations shall comply with the following maintenance standards. 1. Used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles shall not be located outside of the main structure. 2. A refuse storage area, completely enclosed with a masonry wall not less than 5 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. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-40 3. Driveways and service 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 system. F. Additional Conditions. Additional conditions (e.g., hours of operation, sign regulations, structure materials and design) may be imposed by the applicable review authority as deemed reasonable and necessary to protect the public health, safety, and general welfare of the community; 17.400.125 - Vehicle Repair Shops This Section provides location, development, and operating standards for vehicle repair shops, in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards): A. Operational Standards. All vehicle repair shops shall comply with the following operational standards. 1. All work shall be performed within a fully enclosed structure. 2. All structures shall be sufficiently soundproofed to prevent a disturbance or a nuisance to the surrounding properties, in compliance with Chapter 9.07, Noise Regulations, of the Municipal Code. 3. Dismantling of vehicles for purposes other than repair is prohibited. 4. Vehicle parking or loading and unloading shall only occur on-site and not in adjoining public streets or alleys. 5. Vehicles shall not be stored at the site for purposes of sale (unless the use is also approved as a vehicle sales lot). 6. Damaged or wrecked vehicles shall not be stored for purposes other than repair. 7. Location and display of accessories, batteries, and tires for sale shall be on or within 3 feet of the main structure’s exterior. 8. No vehicle rental activities shall be conducted on the vehicle repair shop (unless the use is also approved as a vehicle rental lot). 9. All outdoor/open storage of materials shall be limited to a maximum area of 150 square feet and shall be enclosed by a 6 foot high solid decorative masonry wall, subject to the approval of the Director. B. Development Standards. All vehicle repair shops shall comply with the following development standards. CULVER CITY MUNICIPAL CODE - TITLE 17 - ZONING CODE Standards for Specific Land Uses 17.400 Article 4 – Standards for Specific Land Uses August 2005 – PC Approved Final Draft 4-41 1. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Section 17.300.040 (Outdoor Lighting). 2. 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 as determined by the Director. C. Site Maintenance. All vehicle fueling stations shall comply with the following maintenance standards. 1. Used or discarded automotive parts or equipment shall not be located outside of the main structure unless located within an approved outdoor storage area. 2. A refuse storage area, completely enclosed with a masonry wall not less than 5 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. 3. Driveways and service 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 system. D. Additional Conditions. Additional conditions (e.g., hours of operation, sign regulations, structure materials and design) may be imposed by the applicable review authority as deemed reasonable and necessary to protect the public health, safety, and general welfare of the community; CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-1 ARTICLE 5 Land Use and Development Permit Procedures Chapter 17.500 - Applications, Processing, and Fees .............................................................. 5-4 17.500.005 - Purpose........................................................................................................5-4 17.500.010 - Authority for Land Use and Zoning Decisions .............................................5-4 17.500.015 - Application Preparation and Filing ...............................................................5-6 17.500.020 - Application Fees..........................................................................................5-6 17.500.025 - Initial Application Review ..........................................................................5-7 17.500.030 - Environmental Assessment ...........................................................................5-8 Chapter 17.510 - Zoning Clearances........................................................................................... 5-9 17.510.005 - Purpose........................................................................................................5-9 17.510.010 - Applicability................................................................................................5-9 17.510.015 - Criteria for Clearance ..................................................................................5-9 Chapter 17.520 - Temporary Use and Special Event Permits .............................................. 5-10 17.520.005 - Purpose......................................................................................................5-10 17.520.010 - Applicability..............................................................................................5-10 17.520.015 - Allowed Temporary Uses and Special Events ..........................................5-11 17.520.020 - Review Authority ......................................................................................5-12 17.520.025 - Application Filing and Processing ............................................................5-13 17.520.030 - Conditions of Approval...............................................................................5-13 17.520.035 - Development and Operating Standards.......................................................5-14 17.520.040 - Post Approval Procedures ...........................................................................5-14 Chapter 17.530 - Administrative Use Permits and Conditional Use Permits...................... 5-16 17.530.005 - Purpose......................................................................................................5-16 17.530.010 - Applicability..............................................................................................5-16 17.530.015 - Application Filing, Processing, and Review ...............................................5-16 17.530.020 - Findings and Decision.................................................................................5-17 17.530.025 - Conditions of Approval...............................................................................5-17 17.530.030 - Post Approval Procedures ...........................................................................5-17 Chapter 17.540 - Site Plan Review ........................................................................................... 5-19 17.540.005 - Purpose......................................................................................................5-19 17.540.010 - Applicability..............................................................................................5-19 17.540.015 - Application Filing, Processing and Review ..............................................5-20 17.540.020 - Findings and Decision.................................................................................5-21 17.540.025 - Conditions of Approval...............................................................................5-21 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-2 17.540.030 - Post Approval Procedures ...........................................................................5-22 Chapter 17.550 - Variances and Administrative Modifications .............................................5-23 17.550.005 - Purpose......................................................................................................5-23 17.550.010 - Applicability..............................................................................................5-23 17.550.015 - Application Filing, Processing, and Review ...............................................5-24 17.550.020 - Findings and Decision.................................................................................5-24 17.550.025 - Conditions of Approval...............................................................................5-25 17.550.030 - Post Approval Procedures ...........................................................................5-25 Chapter 17.560 - Comprehensive Plans.................................................................................. 5-26 17.560.005 - Purpose......................................................................................................5-26 17.560.010 - Applicability..............................................................................................5-26 17.560.015 - Application Filing, Processing, and Review ...............................................5-26 17.560.020 - Findings and Decision.................................................................................5-27 17.560.025 - Comprehensive Plan Modifications, Major and Minor...............................5-28 17.560.030 - Conditions of Approval...............................................................................5-29 17.560.035 - Post Approval Procedures ...........................................................................5-29 Chapter 17.570 - Specific Plans ................................................................................................. 5-30 17.570.005 - Purpose......................................................................................................5-30 17.570.005 - Initiation of Specific Plans ........................................................................5-30 17.570.005 - Preparation of Content of Specific Plans.....................................................5-30 17.570.005 - Filing, Processing and Adoption of Specific Plans .....................................5-31 17.570.005 - Implementation and Amendments...............................................................5-32 Chapter 17.580 - Density Bonus and other Bonus Incentives................................................. 5-33 17.580.005 - Purpose......................................................................................................5-33 17.580.010 - Applicability..............................................................................................5-33 17.580.015 - Application Filing, Processing and Review ..............................................5-33 17.580.020 - Findings and Decision.................................................................................5-34 17.580.025 - Conditions of Approval...............................................................................5-34 17.580.030 - Post Approval Procedures ...........................................................................5-34 Chapter 17.590 - Development Agreements ............................................................................. 5-35 17.590.005 - Purpose......................................................................................................5-35 17.590.010 - Applicability..............................................................................................5-35 17.590.015 - Application Filing, Processing and Review ..............................................5-35 17.590.020 - Public Hearings ...........................................................................................5-36 17.590.025 - Content of Development Agreement...........................................................5-37 17.590.030 - Execution and Recordation .........................................................................5-37 17.590.035 - Environmental Review..............................................................................5-37 17.590.040 - Periodic Review ........................................................................................5-37 17.590.045 - Amendment or Cancellation of Development Agreement ........................5-38 17.590.050 - Effect of Development Agreement............................................................5-38 17.590.055 - Approved Development Agreements ........................................................5-38 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-3 Chapter 17.595 - Permit Implementation, Time Limits, and Extensions ............................ 5-39 17.595.005 - Purpose......................................................................................................5-39 17.595.010 - Conformance to Plans .................................................................................5-39 17.595.015 - Effective Date of Permits or Entitlements...................................................5-39 17.595.020 - Applications Deemed Approved .................................................................5-40 17.595.025 - Performance Guarantees............................................................................5-40 17.595.030 - Time Limits and Extensions......................................................................5-40 17.595.035 - Changes to an Approved Project .................................................................5-41 17.595.040 - Resubmittals ..............................................................................................5-41 17.595.045 - Covenants..................................................................................................5-42 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Applications, Processing, and Fees 17.500 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-4 Chapter 17.500 - APPLICATIONS, PROCESSING, AND FEES Sections: 17.500.005 - Purpose 17.500.010 - Authority for Land Use and Zoning Decisions 17.500.015 - Application Preparation and Filing 17.500.020 - Application Fees 17.500.025 - Initial Application Review 17.500.030 - Environmental Assessment 17.500.005 - Purpose This Chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by this Title. 17.500.010 - Authority for Land Use and Zoning Decisions Table 5-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other approvals required by this Title. The Director may defer action on permit applications and refer the item(s) to the Commission for the final decision. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Applications, Processing, and Fees 17.500 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-5 TABLE 5-1 REVIEW AUTHORITY Role of Review Authority (1) Type of Permit or Decision Procedure is in Section Director Board of Zoning Adjustment Planning Commission City Council Administrative and Amendments General Plan Amendments 17.610 Recommend Decision Interpretations 17.120 Decision Appeal Appeal Appeal Time Extensions 17.580 Decision Appeal Appeal Zoning Map Amendments 17.610 Recommend Decision Zoning Text Amendments 17.610 Recommend Decision Land Use Permits/Development Approvals Administrative Use Permits 17.530 Decision Appeal Appeal Administrative Site Plan Review 17.540 Decision Appeal Appeal Administrative Modifications 17.550 Decision Appeal Appeal Comprehensive Plans 17.560 Recommend Decision Conditional Use Permits 17.530 Decision Appeal Development Agreements 17.590 Recommend Decision Master Sign Program 17.360 Decision Appeal Appeal Site Plan Review 17.540 Decision Appeal Specific Plans 17.570 Recommend Decision Special Event Permits 17.520 Decision (2) Appeal Appeal Temporary Use Permits 17.520 Decision Appeal Appeal Variances 17.550 Decision Appeal Zoning Clearances 17.510 Decision Appeal Appeal Notes: (1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.630 (Appeals). (2) Decisions on Special Events permits may be referred to the Committee on permits and licenses for review and approval per Municipal Code Chapter 11.01. (General Licensing). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Applications, Processing, and Fees 17.500 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-6 17.500.015 - Application Preparation and Filing The preparation and filing of applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Map, and Zoning Code), and other matters pertaining to this Title shall comply with the following requirements. A. Preliminary Project Review. 1. Purpose. The purpose of the preliminary project review is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in this Title, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review. 2. Applicability. A prospective applicant or agent is required to submit a preliminary project review request with the Division before formal submittal of a project application. 3. Procedure. Upon submittal of a preliminary project review request the item shall be scheduled for a Project Review Committee (PRC) meeting in accordance with the PRC meeting schedule established by the Division. The applicant shall be invited to attend the PRC meeting where opportunities for discussion about the project and exchange of information on potential issues between City staff and the applicant takes place. Neither the preliminary project review nor the provision of information and/or pertinent policies shall be construed as a recommendation or an official determination for approval or disapproval of the application or project. B. Application contents. Applications shall be filed with the Division on the appropriate City application form, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any applicable Division handout; and any additional information required by the Director in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project. C. Eligibility for filing. All zoning approval and other applications required by this Title shall be filed with the Division. Applications may be made by: 1. The owner of the subject property. 2. Any agent or representative, with the written consent of the property owner. D. Filing date. The filing date of any application shall be the date on which the application is deemed complete by the Division. 17.500.020 - Application Fees A. Filing fees required. The Council shall, by resolution, adopt a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Title, hereafter referred to as the City Council Fee Resolution. The schedule of fees may be obtained from the Division and may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Site Plan Review also requires a Variance, both CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Applications, Processing, and Fees 17.500 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-7 fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, rather than a flat application fee(s), in compliance with the City Council Fee Resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete. B. Refunds and withdrawals. 1. Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds shall be issued due to a disapproval of an application. 2. In the case of an application withdrawal, the Director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal. 17.500.025 - Initial Application Review Each application filed with the Division shall be initially processed as follows: A. Completeness review. The Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when: 1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division hand-out, and any additional information required by the Director have been provided and accepted as adequate. 2. All necessary fees and deposits have been paid and accepted. B. Notification of applicant. The applicant shall receive written notification within 30 days of submittal that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, shall be provided. C. Expiration of application. If a pending application is not deemed complete within 6 months after the first filing with the Division, the application shall expire and be deemed withdrawn and any remaining deposit amount shall be refunded, subject to administrative processing fees. D. Extension of application. The Director may grant one 6 month extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits and other materials will be required to commence processing of a new project application on the same property. E. Additional information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.500.030. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Applications, Processing, and Fees 17.500 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft F. Referral of application. At the discretion of the Director, or where otherwise required by this Title, State, or Federal law, an application filed in compliance with this Title may be referred to any public agency that may be affected by or have an interest in the proposed land use activity. 17.500.030 - Environmental Assessment After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs, shall be in compliance with the City’s CEQA Guidelines. 5-8 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Zoning Clearance 17.510 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-9 Chapter 17.510 - ZONING CLEARANCE Sections: 17.510.005 - Purpose 17.510.010 - Applicability 17.510.015 - Criteria for Clearance 17.510.005 - Purpose A Zoning Clearance is a ministerial permit that is used by the Division to verify that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval of permits previously issued for the subject site. 17.510.010 - Applicability Zoning Clearance shall be required in conjunction with Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the Municipal Code or this Title for any new use or change of use. Where no other authorization is required, Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity. 17.510.015 - Criteria for Clearance The Director shall grant Zoning Clearance after determining: 1. The request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel, in full compliance with this Title; and 2. The request complies with the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission for new construction of 750 gross square feet or more. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Temporary Use Permits 17.520 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-10 Chapter 17.520 - TEMPORARY USE AND SPECIAL EVENT PERMITS Sections: 17.520.005 - Purpose 17.520.010 - Applicability 17.520.015 – Allowed Temporary Uses and Special Events 17.520.020 – Review Authority 17.520.025 – Application Filing and Processing 17.520.030 – Conditions of Approval 17.520.035 – Development and Operating Standards 17.520.040 – Post Approval Procedures 17.520.005 - Purpose This Chapter provides a process for reviewing proposed temporary uses and special events to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses and special events with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A Temporary Use Permit or Special Event Permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of their temporary nature. These activities are regulated to avoid incompatibility between the proposed activity and surrounding areas. 17.520.010 - Applicability A. Permit Requirement. A Temporary Use or Special Event permit approved by the applicable review authority shall be required for all uses identified in Section 17.520.015 (Allowed Temporary Uses and Special Events), and shall be issued before the commencement of the activity. B. Exempt Activities. The following temporary uses and events are exempt from the requirement for a Temporary Use or Special Event Permit and other city approval. Uses other than the following shall comply with Section 17.520.015 (Allowed Temporary Uses and Special Events). 1. On-site contractor’s construction yards, in conjunction with an approved construction project. The activity shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project. 2. Events which occur in meeting halls, theaters, or other permanent indoor or outdoor public assembly facilities subject to all applicable regulations of the Culver City Municipal Code. 3. Promotional activities related to the primary product lines of a retail business, and similar activities (e.g. book readings and signings at book stores, opening receptions at art galleries). 4. Emergency public health and safety activities. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Temporary Use Permits 17.520 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-11 17.520.015 – Allowed Temporary Uses and Special Events The following temporary uses and special events may be allowed, subject to the issuance of a Temporary Use or Special Event Permit by the applicable review authority. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property, except uses that are exempt from the provisions of this Chapter in compliance with Section 17.520.010 (Applicability). A. Allowed Temporary Uses. 1. Construction Yards. Off-site contractor construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project. 2. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The temporary use permit may be approved for up to 1 year, or upon expiration of the building permit, whichever occurs first. 3. Seasonal Sales Lots. Seasonal sales activities (for example, Halloween, Christmas) including temporary residence or security trailers, on non-residential properties. The sales activity may be approved for a maximum of 30 days or a length of time determined to be appropriate by the applicable review authority. 4. Storage. Enclosed temporary storage, unrelated to a construction project. The use may be approved for a maximum of 1 year. See Section 17.400.115 (Temporary Storage Containers) for specific standards. 5. Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. A permit for a temporary real estate office may be approved for a maximum of 1 year. 6. Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project. 7. Temporary Work Trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed: a. During construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force; or b. Upon demonstration by the applicant that this temporary work site is a short-term necessity, while a permanent work site is being obtained. The permit for a temporary trailer may be granted for up to 1 year. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Temporary Use Permits 17.520 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-12 8. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, are compatible with the zoning district and surrounding land uses. B. Allowed Special Events. 1. Outdoor Events. The following outdoor events may be allowed: a. Entertainment and Assembly Events. Outdoor entertainment and assembly events, including carnivals, circuses, concerts, fairs, farmers’ markets, festivals, flea markets, food events, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rummage sales, second hand sales, swap meets and other similar events designed to attract large crowds and which are held on private or public property, for up to 12 days per year or as determined appropriate by the applicable Review Committee. b. Display or Exhibit Events. Outdoor display or exhibit events, including art, cultural, and educational displays and arts and crafts exhibits on non-residential properties, when not a part of the established primary use of the site, for up to 12 days per year. c. Outdoor Sales Events. Special events related to an existing business with temporary outdoor sale of merchandise in any commercial zoning district, in compliance with the following provisions: i. There shall be no more than 4 sales in any calendar year. ii. Each sale shall be limited to 3 consecutive days. iii. The merchandise displayed shall be that customarily sold on the site. iv. The site is utilized for a permanently established business holding a valid business tax certificate as required. d. Similar Special Events. Similar temporary events which, in the opinion of the Director, are compatible with the zoning district and surrounding land uses. 17.520.020 – Review Authority A. Director Review. The Director shall be responsible for the review and approval of all permits for temporary uses, and special events not reviewed by the Committee on Permits and Licenses, identified in Section 17.520.015 (Allowed Temporary Uses and Special Events), and the extension of these permits. B. Committee on Permits and Licenses. The Committee shall be responsible for the review and approval of all permits for special events, unless reviewed by the Director, identified in Section 17.520.015.B. (Allowed Special Events), and the extension of these permits. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Temporary Use Permits 17.520 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-13 17.520.025 – Application Filing and Processing An application for a Temporary Use Permit and Special Event permit shall be filed with the Division and processed as follows. A. Application contents. The application shall be made on forms furnished by the Division, and shall be accompanied by the information identified in any applicable City handouts and permit applications. B. Time for filing. A temporary use or special event permit application shall be filed as follows: 1. Temporary Use Permit. A temporary use permit application shall be filed at least 14 days in advance of the proposed commencement of the use. 2. Special Event Permit. A special event permit application shall be filed at least 7 days in advance of a proposed minor event, and 14 days in advance of a proposed major event. The Director or Committee shall determine whether a proposed special event is minor or major based on the characteristics of, and activities associated with the event, and the likely impacts on the surrounding community. 3. Additional Permits Required. Temporary uses and special events may be subject to additional permits and other city approvals, licenses, and inspections required by applicable laws or regulations. 17.520.030 - Conditions of Approval In approving a temporary use permit or special event permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions to ensure that: A. The use or event is limited to a duration that is no more than the maximum allowed duration, as determined appropriate by the review authority. B. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g. sanitation and water), public access, and the absence of physical constraints. C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing land uses on-site and in the vicinity of the subject property. D. The temporary use or activity will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Title. E. Adequate temporary parking will be provided in order to accommodate the vehicle traffic generated by the temporary use or special event either on-site or at alternate locations acceptable to the review authority. F. The use or event will comply with all applicable provision of local, State and Federal laws or regulations. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Temporary Use Permits 17.520 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-14 G. Any other pertinent factors affecting the operation of the temporary use or special event will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use or event, in compliance with the intent and purpose of this Chapter. 1. Conditions may require the provision of: a. Sanitary and medical facilities. b. Security and safety measures. c. Solid waste collection and disposal. 2. Conditions may regulate: a. Nuisance factors including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations. b. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested. c. Temporary signs. d. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards. 17.520.035 –Development and Operating Standards. A. General Standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary uses and special events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate. B. Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Chapter 17.300 (General Property Development and Use Standards), as applicable to the use, in addition to those identified in Subsection A, above and Section 17.520.30 (Conditions of Approval). 17.520.040 - Post Approval Procedures The approval or denial of a Temporary Use Permit or Special Event Permit may be appealed in compliance with Chapter 17.630 (Appeals). The procedures of Chapter 17.580 (Permit Implementation, Time Limits and Extensions) shall apply after the approval of the permit. A. Condition of the Site Following a Temporary Use or Special Event. Each site occupied by a temporary use or special event shall be cleaned of debris, litter or any other evidence of the CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Temporary Use Permits 17.520 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-15 temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Title. B. Revocation. A Temporary Use or Special Event Permit may be revoked or modified, with only a 24 hour notice, in compliance with Section 17.650 (Revocations and Modifications). C. Extension of the Permit. 1. Temporary Uses. The Director may extend the operational length of a temporary use or special event if the delay is beyond the control of, and was not the result of actions by, the permittee. D. Expiration of Permit. A Temporary Use or Special Event Permit shall be considered to have expired when the approved use has ceased or was suspended. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Administrative Use Permits and Conditional Use Permits 17.530 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft CHAPTER 17.530 - ADMINISTRATIVE USE PERMITS AND CONDITIONAL USE PERMITS Sections: 17.530.005 - Purpose 17.530.010 - Applicability 17.530.015 - Application Filing, Processing, and Review 17.530.020 - Findings and Decision 17.530.025 - Conditions of Approval 17.530.030 - Post Approval Procedures 17.530.005 - Purpose This Chapter provides procedures for reviewing Administrative Use Permit and Conditional Use Permit applications that are intended to allow for specified activities and uses as identified in the various zoning districts, whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Administrative Use Permits and Conditional Use Permits shall be reviewed for compatibility, configuration, design, location, and potential impacts of the proposed use and suitability of the use to the site and surrounding area. 17.530.010 - Applicability An application for an Administrative Use Permit or Conditional Use Permit shall be required for a specified land use that is listed in Article 2 (Zoning Districts and Allowable Land Uses) as being subject to approval of an Administrative Use Permit or Conditional Use Permit. 17.530.015 - Application Filing, Processing, and Review A. Filing. An application for an Administrative Use Permit or Conditional Use Permit shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.530.020 (Findings and Decision), below. B. Notice, Hearings, and Administrative Review. Notice, hearings and administrative review regarding an application for an Administrative Use Permit or Conditional Use Permit shall be provided in compliance with Chapter 17.620 (Public Hearings and Administrative Review), and as follows: 1. Administrative Use Permits. The Director shall conduct an administrative review of an application for an Administrative Use Permit. 2. Conditional Use Permits. The Commission shall conduct a public hearing on an application for a Conditional Use Permit. 5-16 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Administrative Use Permits and Conditional Use Permits 17.530 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-17 17.530.020 - Findings and Decision Following an administrative review or public hearing, the appropriate review authority shall record the decision in writing with the findings on which the decision is based. The Administrative Use Permit or Conditional Use Permit may be approved, with or without conditions, only after first making all of the following findings, and any additional findings required for the approval of specific land uses in Article 4 (Standards for Specific Land Uses): A. The proposed use is allowed within the subject zoning district with the approval of an Administrative Use Permit or Conditional Use Permit and complies with all other applicable provisions of this Title and the Municipal Code. B. The proposed use is consistent with the General Plan and any applicable Specific Plan. C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity of the subject site. D. The subject site is physically suitable for the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints. E. The establishment, maintenance or operation of the proposed use will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 17.530.025 - Conditions of Approval In approving an Administrative Use Permit or Conditional Use Permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions which may include, but are not limited to, the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission to ensure that the approval will be in compliance with the findings required by Section 17.530.020 (Findings and Decision), above. 17.530.030 - Post Approval Procedures A. General Procedures. Procedures relating to appeals, revocations and modifications as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.580 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of an Administrative Use Permit or Conditional Use Permit application. B. Permit Validity. An Administrative Use Permit or Conditional Use Permit granted pursuant to the provisions of this Chapter that is valid and in effect, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of 1 year, the use permit shall be deemed to be expired and shall become null and void. Upon expiration, further continuation of the activity on-site will require approval of a new Administrative Use Permit or Conditional Use Permit application. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Site Plan Review 17.540 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft CHAPTER 17.540 - SITE PLAN REVIEW Sections: 17.540.005 - Purpose 17.540.010 - Applicability 17.540.015 – Application Filing, Processing and Review 17.540.020 - Findings and Decision 17.540.025 – Conditions of Approval 17.540.030 - Post Approval Procedures 17.540.005 - Purpose This Chapter provides procedures and standards for the comprehensive review of proposed development projects to: ensure compliance with the required standards, design guidelines, and ordinances of the City; minimize potential adverse effects on surrounding properties and the environment; and protect the integrity and character of the residential, commercial and public areas of the City. The specific purposes of this Chapter are as follows: A. Develop property in a manner that respects the physical and environmental characteristics of each site and will complement surrounding properties and the City in general; B. Ensure that each new development is designed to best comply with the purpose and intent of the zoning district in which the property is located, and does not result in an adverse effect on the aesthetic, architectural, health, and safety related qualities of adjoining properties or upon the City in general; C. Ensure access to each property and a circulation pattern that is safe and convenient for both pedestrians and vehicles; D. Ensure the orderly and harmonious appearance of structures with associated site improvements (e.g. landscaping, parking areas, signs, etc.). E. Implement and promote the goals and policies of the General Plan; 17.540.010 - Applicability A. Subject to Review. Site Plan Review shall be required for: 1. Residential. The construction of a new residential project of 3 or more units or the addition to an existing residential project that would result in 3 or more units. 2. Nonresidential. Construction of a new building of 5000 gross square feet or more; or the addition of 5000 square feet or more to an existing building within a 1 year period. 3. Change or intensification. An intensification of the use or a change to a use that is not similar to the previous use, as determined by the Director. 5-18 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Site Plan Review 17.540 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 4. Move-on. Moving a building or structure onto a site. B. Exempt from review. The following projects are exempt from Site Plan Review: 1. Any construction, addition, or alteration to an individual single-family or two-family dwelling or appurtenant structure, or two single-family dwellings on a single parcel; 2. Those activities and structures identified in 17.110.010 (Exemptions from Land Use Permit Requirements). 17.540.015 - Application Filing, Processing, and Review A. Filing. An application for a Site Plan Review shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.540.020 (Findings and Decision), below. B. Notice, Hearings, and Administrative review. Notice, hearings and administrative review regarding an application for a Site Plan Review shall be provided in compliance with Chapter 17.620 (Public Hearings and Administrative Review). C. Designated review authority. The Director shall be the designated review authority on each Site Plan Review application, provided that the Director shall refer any application to the Commission for final decision if any of the following criteria apply: 1. The proposed development project is for a residential use that contains 10 or more units. 2. The proposed development project is for a nonresidential use of 15, 000 square feet or more of gross floor area. 3. The proposed development project otherwise requires Commission review of a land use permit, such as a Variance, Conditional Use Permit, subdivision or zone change application. In such cases, the Site Plan Review shall occur concurrently with the review of the other land use permits. D. Referral to the Planning Commission. If the Director determines that there are unusual circumstances or special conditions related to an application, the Director may defer action and refer such application to the Commission for final decision. E. Project Review Procedures. In conducting a Site Plan Review for a particular project, the Director shall consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the City in general. A Site Plan Review shall be conducted by comparing the proposed project to applicable General Plan policies, any applicable specific plan, adopted development standards, design guidelines, and other applicable City ordinances. 17.540.020 - Findings and Decision 5-19 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Site Plan Review 17.540 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-20 Following an administrative review or public hearing, the appropriate review authority shall record the decision in writing with the findings on which the decision is based. The Site Plan Review may be approved, with or without conditions, only after first making all of the following findings, and any additional findings required for the approval of specific land uses in Article 4 (Standards for Specific Land Uses): A. The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines. B. The architectural design of the structure(s) and their materials and colors are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines. C. The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines. D. The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare. E. The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site. F. The proposed project is consistent with the General Plan and any applicable specific plan. 17.540.025 - Conditions of Approval The Director may approve or recommend approval of a Site Plan Review for a proposed project in compliance with 17.540.020 (Findings and Decision), and may impose conditions upon the project including, but not limited to, the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission to ensure that the project will meet all of the required findings. Conditions may relate to both on- and off-site improvements that are reasonable and necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the respective zoning district and all applicable development standards and design guidelines. 17.540.030 - Post Approval Procedures CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Site Plan Review 17.540 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-21 Procedures relating to appeals, notices, revocations and modifications as identified in Article 6 (Zoning Code Administration), in addition to those identified in 17.580 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Site Plan Review. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Variances and Administrative Modifications 17.550 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft CHAPTER 17.550 – VARIANCES AND ADMINISTRATIVE MODIFICATIONS Sections: 17.550.005 - Purpose 17.550.010 - Applicability 17.550.015 - Application Filing, Processing, and Review 17.550.020 - Findings and Decision 17.550.025 - Conditions of Approval 17.550.030 - Post Approval Procedures 17.550.005 - Purpose The provisions of this Chapter allow for: A. Administrative Modification of specific development standards of this Title when the strict application of those standards creates an unnecessary, involuntarily created hardship or unreasonable regulation which makes it impractical to require compliance with the development standards. B. Variances from the development standards of this Title only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography or other conditions, the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and in identical zoning districts. 17.550.010 - Applicability A. Administrative Modification. The Director may grant an Administrative Modification for only the development standards identified in Table 5-2 (Administrative Modifications). An Administrative Modification may be granted only once for a specific type of request per parcel. A request which exceeds the limitations identified in Table 5-2 shall require the filing of an application for a Variance. TABLE 5-2 ADMINSTRATIVE MODIFICATIONS Types of Administrative Modification Allowed Maximum Adjustment 1. Dwelling Unit Size. A decrease in the minimum square footage requirements for dwelling units 10% 2. Fence or Walls. Fences, gates, pilasters, or walls in the side or rear yards that exceed 6 ft in height. Not to exceed 8 ft 3. Distances between structures. A decrease in the minimum distance between a detached accessory structure and the main structure. 10% 5-22 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Variances and Administrative Modifications 17.550 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-23 4. Open Space. A decrease in the minimum open space requirements. 10% 5. Parking Lot Dimensions. A decrease in the minimum parking lot and loading dimensions (e.g. aisle, driveway, and space widths) 10% 6. Projections. An increase in the allowed projections into setbacks in compliance with section 17.300.020 (Setback regulations and exceptions) 10% 7. Setbacks. A decrease in the minimum required setbacks. 10% 8. Structure Height. An increase in the maximum allowable structure height; provided that the increase complies with the height limitation established by the 1990 City of Culver City initiative. 10% B. Variance. The Commission may grant a Variance from the requirements of this Title; except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 2 (Zoning District and Allowable Land Uses). 17.550.015 - Application Filing, Processing, and Review A. Filing. An application for an Administrative Modification or a Variance shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.550.020 (Findings and Decision), below. B. Notice and hearings. Notice and hearings regarding an application for a Variance or an Administrative Modification shall be provided in compliance with Chapter 17.620 (Public Hearings and Administrative Review), and as follows: 1. Administrative Modification. The Director shall conduct an administrative review of an application for an Administrative Modification. 2. Variance. The Commission shall conduct a public hearing on an application for a Variance. 17.550.020 - Findings and Decision A. Administrative Modification Findings. The Director shall record the decision in writing with the findings on which the decision is based. The Administrative Modification may be approved, with or without conditions, only after making all of the following findings: 1. The strict application of the applicable development standard creates an unnecessary, involuntarily created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Variances and Administrative Modifications 17.550 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-24 2. Approval of the Administrative Modification would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district. 3. The project is consistent with the General Plan and complies with all other applicable provision of this Title. B. Variance Findings. The Commission shall record the decision in writing with the findings on which the decision is based. The Variance may be approved, with or without conditions, only after making all of the following findings: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, and topography), or to the intended use of the property, so that the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. 2. The strict application of the applicable development standard creates an unnecessary, involuntarily created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. 3. The Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought. 4. The project is consistent with the General Plan and complies with all other applicable provisions of this Title. 5. Approval of the Variance would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district. 17.550.025 - Conditions of Approval In approving an Administrative Modification or Variance, the review authority may impose reasonable and necessary specific design, locational, and operational conditions which may include, but are not limited to, the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission to ensure that the approval will be in compliance with the findings required by Section 17.550.020 (Findings and Decision), above. 17.550.030 - Post Approval Procedures Procedures relating to appeals, notices, revocations and modifications as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.580 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of an Administrative Modification or a Variance application. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Variances and Administrative Modifications 17.550 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft CHAPTER 17.560 – COMPREHENSIVE PLANS Sections: 17.560.005 - Purpose 17.560.010 - Applicability 17.560.015 - Application Filing, Processing, and Review 17.560.020 - Findings and Decision 17.560.025 - Comprehensive Plan Modifications, Major and Minor 17.560.030 - Conditions of Approval 17.560.035 - Post Approval Procedures 17.560.005 - Purpose This Chapter provides procedures for reviewing Comprehensive Plans that allow for flexibility in the application of zoning code standards to proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and other impacts than the zoning code standards would produce without adjustment. 17.560.010 - Applicability An application for a Comprehensive Plan shall be filed with the Division when required for development in the PD zone in compliance with Chapter 17.260 (Planned Development Zoning Districts). Comprehensive Plans proposed for development within the OS zone shall comply with Section 17.270.030 (OS Open Space District Requirements) in addition to the requirements of this Chapter. 17.560.015 - Application Filing, Processing, and Review A. Filing. An application for a Comprehensive Plan shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by this Title or the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by 17.560.020 (Findings and Decision), below; or, the findings required by Section 17.270.030.E for the OS zone. B. Comprehensive Plan Requirements. All Comprehensive Plans shall be prepared and endorsed by a professional team which shall include a licensed landscape architect, a registered civil engineer and a licensed architect, as applicable, and shall include, but not be limited to the following: 1. Site plan showing building(s), various functional use areas, parking and circulation. 2. Description of development standards, which may include, but not be limited to, building heights, setbacks and parking requirements. 5-25 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Variances and Administrative Modifications 17.550 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-26 3. Preliminary building plans, including floor plans and exterior elevations. 4. Landscaping plans, including a plant palette. 5. Lighting and signage plans. 6. Civil Engineering plans, including site grading, public rights-of-way improvements, drainage, trash/recycling areas, and public utility extensions, as necessary. 7. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines. 8. Other information or applicable materials as may be deemed necessary by the Director. C. Notice and hearings. Notice and hearings regarding an application for a Comprehensive Plan or a modification to an approved Comprehensive Plan shall be provided in compliance with Chapter 17.620 (Public Hearings and Administrative Review). D. Review Authority. A Comprehensive Plan shall be approved by the adoption of an Ordinance or disapproved by a Resolution of the City Council after consideration of the Planning Commission’s recommendation. 17.560.020 - Findings and Decision The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the Comprehensive Plan. The City Council, after a public hearing, may approve, conditionally approve or disapprove a Comprehensive Plan. A Comprehensive Plan may be approved provided the facts submitted and evaluated during the review process support the following findings or the findings required by Section 17.270.030.E for the OS zone. A. The proposed Comprehensive Plan can be substantially completed within 4 years. B. The proposed development is capable of creating an environment of sustained desirability and stability or adequate assurance will be provided such objective will be attained. C. The proposed uses will not be substantially detrimental to present and potential surrounding uses but will have a beneficial effect. D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic and the development will not generate traffic that will overload the adjacent street network. E. The proposed development is compatible with the surrounding area. F. The types and locations of any proposed commercial development can be economically justified. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Comprehensive Plans 17.560 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-27 G. The Comprehensive Plan is in conformance with the General Plan, or a concurrent General Plan amendment is in process. H. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated in the Comprehensive Plan and is desired by the City Council. I. Existing and proposed utility services are adequate for the proposed uses. J. The Comprehensive Plan has complied with all applicable City requirements. 17.560.025 – Comprehensive Plan Modifications, Major and Minor. A. Major changes or alterations to an approved Comprehensive Plan shall be considered by the Planning Commission at a public hearing which shall make recommendations to the City Council. The City Council may then approve, conditionally approve or disapprove the proposed changes or alterations, after a public hearing. B. The Director may administratively approve minor changes or alterations to an approved Comprehensive Plan, subject to appeal pursuant to Chapter 17.630; provided, that the Director makes the following findings: 1. The proposed changes are consistent with the intent of the approved Comprehensive Plan; 2. The proposed changes will not adversely impact the environment; 3. The proposed changes will not be detrimental to the surrounding uses; 4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development; and 5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved Comprehensive Plan. C. If the Director determines the above findings cannot be made, then the request shall be considered a major change and referred to the Planning Commission for review at a public hearing and for City Council review at a public hearing. D. Maintenance, rehabilitation, renovation, and reconstruction of existing structures, that will not alter the site plan, shall not require a Comprehensive Plan or any Comprehensive Plan modification, minor or major. E. All determinations required by this subsection are subject to appeal pursuant to section 17.630. 17.560.030 - Conditions of Approval CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Comprehensive Plans 17.560 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-28 The City Council may approve a Comprehensive Plan in compliance with 17.540.020 (Findings and Decision), and may impose conditions upon the project including, but not limited to, the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission to ensure that the project will meet all of the required findings. Conditions may relate to both on- and off-site improvements that are reasonable and necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the Comprehensive Plan and all applicable development standards and design guidelines. Nothing in this Chapter shall preclude the Planning Commission from recommending, and the City Council from approving a Comprehensive Plan in concept only and requiring subsequent discretionary review of that Comprehensive Plan. 17.560.035 - Post Approval Procedures Procedures relating to appeals, notices, revocations and modifications as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.580 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Comprehensive Plan application. The City Council may modify any provisions of this section after consideration of the Planning Commission recommendations. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Specific Plans 17.570 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft CHAPTER 17.570 - SPECIFIC PLANS Sections: 17.570.005 - Purpose 17.570.010 - Initiation of Specific Plans. 17.570.015 - Preparation and Content of Specific Plans. 17.570.020 - Filing, Processing and Adoption of Specific Plans. 17.570.025 - Implementation and Amendments. 17.570.005 – Purpose This Chapter provides procedures for preparing, processing, reviewing, adopting and amending a Specific Plan. A Specific Plan can be used to systematically implement the General Plan for any part of the City. 17.570.010 – Initiation of Specific Plans. A Specific Plan may be initiated in the following manner: A. City. By a Resolution of Intention adopted by the Council; or B. Property Owner. By an application in compliance with Chapter 17.500 (Applications, Processing and Fees). For Specific Plans proposed by private property owners, the project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with the full written concurrence of all applicable property owners. 17.570.015 - Preparation and Content of Specific Plans. The initiator shall prepare a draft Specific Plan for review by the City that includes detailed information in the form of text and diagrams, organized in compliance with an outline furnished by the Division and State law (Government Code Section 65451). The following information shall be provided: A. Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas. B. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation, transportation, water, and other essential facilities proposed to be located within the Specific Plan area and needed to support the proposed land uses. C. Land Use and Development Standards. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 5-29 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Specific Plans 17.570 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-30 D. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria. E. Relationship to General Plan. A discussion of the relationship of the Specific Plan to the objectives, policies, general land uses, and programs of the General Plan. F. Design Standards and Guidelines. Standards and guidelines for proposed structures and public street features within the boundaries of the Specific Plan area. G. Additional Information. The Specific Plan shall contain any additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant. 17.570.020 – Filing, Processing and Adoption of Specific Plans. A. Filing and Initial Processing. A draft Specific Plan proposed by a property owner shall be filed with the Division and shall be accompanied by the fee required by the City’s Fee Resolution. A draft plan proposed by an applicant or prepared by the City shall then be processed in the same manner as required for General Plans by State law (Government Code Sections 65350 et seq.), and as provided by this Section. B. Division Evaluation. After the receipt of a draft Specific Plan, the Division shall conduct an initial review of the draft Specific Plan in compliance with Section 17.500.025 (Initial Application Review) to determine whether it complies with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant with a written explanation of why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Division and the Division determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing. C. Environmental Review. The draft Specific Plan shall be subject to environmental review in compliance with the California Environmental Quality Act (CEQA), and the City’s CEQA Guidelines. D. Public Hearings. A proposed Specific Plan shall be subject to public hearings before both Commission and Council before its adoption, as follows: 1. Commission. The hearing shall receive public notice and be conducted in compliance with Chapter 17.620 (Public Hearings and Administrative Review). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with subsection (E), below; and 2. Council. Following the hearing at which the Commission makes a recommendation, a public hearing on the Specific Plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Chapter 17.620 (Public Hearings and Administrative Review). After the hearing, the Council may adopt the Specific Plan, may deny the plan, or CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Specific Plans 17.570 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-31 may adopt the plan with changes, with appropriate findings, provided that any substantial modifications to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356). Failure of the Commission to report within the time period set by the Council, shall be deemed a recommendation for the approval of the changes. E. Conformance with the General Plan. The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with the objectives, policies, general land uses, and programs of the General Plan and other adopted goals and policies of the City. The Specific Plan shall be adopted by ordinance in compliance with State law (Government Code Section 65453) and shall become effective 30 days following the date the decision is rendered by the Council. 17.570.025 – Implementation and Amendments A. Development within Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by a Specific Plan only if first found consistent with the Specific Plan. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with State law (Government Code Section 65456). B. Amendments. 1. An adopted Specific Plan shall be amended through the same procedure specified by this chapter for the adoption of a Specific Plan. 2. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code C. Modifications. Development standards identified in an adopted Specific Plan may be modified, by either the Director, or Commission, only as specified in the Specific Plan. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Density Bonus and Other Bonus Incentives 17.580 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-32 Chapter 17.580 - DENSITY BONUSES AND OTHER BONUS INCENTIVES Sections: 17.580.005 - Purpose 17.580.010 – Applicability 17.580.015 – Application Filing, Processing and Review 17.580.020 – Findings and Decision 17.580.025 – Conditions of Approval 17.580.030 – Post Approval Procedures 17.580.005 - Purpose This Chapter is intended to implement the requirements of State law for density bonuses and other bonus incentives pursuant to Government Code, Section 65915, as amended, and the goals and policies of the Housing Element of the City’s General Plan. 17.580.010 – Applicability In all zoning districts the City Council shall implement the density bonus and other bonus incentive provisions of Government Code, Section 65915, as amended. Notwithstanding the forgoing sentence, where other provisions set forth in this Title provide processes through which the City may implement the density bonus and other bonus incentive provisions of Government Code, Section 65915, as amended, neither those provisions nor any other provision of this Title are intended to require the City to grant modifications in any zone in addition to those which may be required by Government Code, Section 65915. 17.580.015 - Application Filing, Processing, and Review A. Filing. An application for a density bonus or other bonus incentives shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all the information specified in the application form, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.580.020 (Findings and Decision), below. B. Notice and Hearings. Notice and hearings regarding an application for a density bonus and other bonus incentives shall be provided in compliance with Chapter 17.620 (Public Hearings and Administrative Review): C. Review Authority. Requests for a density bonus and other bonus incentives shall be reviewed by the Commission who shall make a recommendation, on which the Council shall act upon by resolution. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Density Bonus and Other Bonus Incentives 17.580 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-33 17.580.020 – Findings and Decision The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the density bonus and other bonus incentives request. The City Council, after a public hearing, may approve, conditionally approve or disapprove a density bonus and other bonus incentives. A density bonus and other bonus incentives may be approved provided the facts submitted and evaluated during the review process support the following findings: A. The project would be compatible with the purpose and intent of the General Plan and the provisions of this Title. B. The project will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. C. The number of dwellings can be accommodated by existing and planned infrastructure capacities. D. Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with Government Code, Section 65915, as amended and the purpose and intent of this Title. E. There are sufficient provisions to guarantee that the designated dwelling units would remain affordable in the future. 17.580.025 - Conditions of Approval The City Council may approve a density bonus and other bonus incentives in compliance with 17.580.020 (Findings and Decision), and may impose conditions upon the project including, but not limited to, the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission to ensure that the project will meet all of the required findings. Conditions may relate to both on- and off- site improvements that are reasonable and necessary to mitigate project-related impacts, and to carry out the purpose and requirements of this Title and applicable development standards and design guidelines. 17.580.030 - Post Approval Procedures Procedures relating to appeals, notices, revocations and modifications as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.580 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a density bonus and other bonus incentives. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Development Agreements 17.590 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-34 Chapter 17.590 – DEVELOPMENT AGREEMENTS Sections: 17.590.005 - Purpose 17.590.010 - Applicability 17.590.015 - Application Filing, Processing and Review 17.590.020 - Public Hearings 17.590.025 - Content of Development Agreement 17.590.030 - Execution and Recordation 17.590.035 - Environmental Review 17.590.040 - Periodic Review 17.590.045 - Amendment or Cancellation of Development Agreement 17.590.050 - Effect of Development Agreement 17.590.055 - Approved Development Agreements 17.590.005 - Purpose This Chapter provides procedures and requirements for the review and approval of development agreements consistent with the provisions of State law. 17.590.010 – Applicability A. Initiation. Consideration of a Development Agreement may be initiated by: 1. The Council; or 2. Property owner(s) or other person having a legal or equitable interest in the property proposed to be subject to the agreement. 17.590.015 – Application Filing, Processing and Review A. Owner’s Request. An owner of real property may request and apply through the Division to enter into a Development Agreement provided that: 1. The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the Director; 2. The application is accompanied by all documents, information, and materials required by the Division. B. Director Review. The Director shall receive, review, process, and prepare recommendations for Commission and Council consideration on all applications for development agreements. C. Concurrent Processing and Public Hearings. All development-related applications shall be processed and scheduled for public hearing concurrently with the application for a Development Agreement. The Council shall be the review authority for the Development Agreement and all CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Development Agreements 17.590 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-35 associated applications. D. Fees. The application for a Development Agreement shall include the processing fee established by the city’s Fee Resolution. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 17.590.040.A, below. 17.590.020 – Public Hearings. A. Commission Hearing. The Director, upon finding the application for a Development Agreement complete, shall set the date for a public hearing before the Commission in compliance with Chapter 17.620 (Public Hearings and Administrative Review). Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application. B. Council Hearing. Upon receipt of the Commission’s recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Chapter 17.620 (Public Hearings and Administrative Review). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application with appropriate findings in compliance with Subsection E (Required Findings), below. If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Section 65857). Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification. C. Notice of the Hearings. Notice of the hearings outlined in Subsections A and B, above, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867). D. Adopting Ordinance. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Government Code Section 65867.5). E. Required Findings. The ordinance shall contain the following findings and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings: 1. The Development Agreement is in the best interests of the city, promoting the public interest and welfare; 2. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable Specific Plan, and this Title; 3. The Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of Sections 17.590.025.A (Mandatory contents) and 17.590.025.B (Permissive contents), below. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Development Agreements 17.590 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-36 F. Referendum. The ordinance is subject to referendum in compliance with State law (Government Code Section 65867.5). 17.590.025 – Contents of Development Agreement. A. Mandatory Contents. A Development Agreement entered into in compliance with this Chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2 [Agreement contents]). B. Permissive Contents. A Development Agreement entered into in compliance with this Chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2 [Agreement contents]), and any other terms determined to be appropriate and necessary by the Council, including provisions for the payment to the city of monetary consideration. 17.590.030 – Execution and Recordation A. Effective Date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant. B. Conditioning Approval. The provisions of this Chapter shall not be construed to prohibit the Director, Commission or Council from conditioning approval of a discretionary permit or entitlement on the execution of a Development Agreement where the condition is otherwise authorized by law. C. Recordation. A Development Agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law (Government Code Section 65868.5). 17.590.035 – Environmental Review The approval or conditional approval of a Development Agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA). 17.590.040 – Periodic Review A. Periodic Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review by the Director during the full term of the agreement. Appropriate fees to cover the city’s costs to conduct the periodic reviews shall be collected from the contracting party in compliance with Section 17.590.015 (Application Filing), above. B. Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Development Agreements 17.590 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-37 D. Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the Director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the Commission which may recommend to the Council that the agreement be terminated or modified. The procedures for the termination or modification hearing shall comply with Section 17.590.020 (Public Hearings), above. 17.590.045 – Amendment or Cancellation of Development Agreement A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Government Code Section 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a Development Agreement. 17.590.050 – Effect of Development Agreement A. Rules, Regulations and Policies. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications, and Building Code provisions applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. B. State Law. In compliance with State law (Government Code Section 65866), unless specifically provided for in the Development Agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement. Further, a Development Agreement does not prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies. 17.590.055 – Approved Development Agreements Development Agreements approved by the Council shall be on file with the City Clerk. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Permit Implementation, Time Limits and Extensions 17.595 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft CHAPTER 17.595 - PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS Sections: 17.595.005 - Purpose 17.595.010 - Conformance to Plans 17.595.015 - Effective Date of Permits or Entitlements 17.595.020 - Applications Deemed Approved 17.595.025 - Performance Guarantees 17.595.030 - Time Limits and Extensions 17.595.035 - Changes to an Approved Project 17.595.040 - Resubmittals 17.595.045 - Covenants 17.595.005 - Purpose This Chapter provides requirements for the implementation or "exercising" of the permits or entitlements specified by this Title, including time limits and procedures for granting extensions of time and changes to an approved project. 17.595.010 - Conformance to Plans A. Compliance. All work for which project drawings and plans have received approval by the Director, Commission, or Council shall be performed in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the review authority and any minor changes approved by the Director. B. Changes. Any minor changes to or deviations from the approved drawings and plans that do not change the intent of the original approval may be approved by the Director. In the case of a discretionary permit, the original review authority shall review and approve any major changes, in compliance with 17.595.035 (Changes to an Approved Project), below. 17.595.015 - Effective Date of Permits or Entitlements A. Discretionary Decisions by the Director or Commission. Any Administrative Use Permit, Conditional Use Permit, Administrative Modification, Variance, or Site Plan Review, shall become effective on the 11 th working day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.630 (Appeals). A decision shall be considered rendered as follows: 1. Decisions made following a public hearing. When a resolution is adopted without changes or with changes that are read into the record. 2. Decisions made by the Director. When a Notice of Decision is signed by the Director. 5-38 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Permit Implementation, Time Limits and Extensions 17.595 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-39 B. Ministerial Permits. Zoning Clearances and other ministerial staff decisions shall be effective immediately upon being stamped and signed by Staff. C. Decisions by Council. Any Comprehensive Plan, Development Agreement, Specific Plan, or amendment to the Zoning Map and this Title shall become effective on the 30th day following the date the decision is rendered by the Council. A General Plan amendment shall become effective immediately upon adoption of a resolution by the Council. 17.595.020 - Applications Deemed Approved A permit application deemed approved shall be subject to all applicable provisions of this Title, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established. 17.595.025 - Performance Guarantees A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The Director, in concert with the Building Official, shall be responsible for setting the amount of the required security at a level that is reasonable in relation to the conditions being guaranteed. 17.595.030 - Time Limits and Extensions A. Time limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire 1 year from the date of approval if the use has not been exercised, unless otherwise specified in the permit or entitlement. A time extension may be granted in compliance with Subsection C., below, if a written request is submitted by the applicant and received by the Division prior to expiration of the approval. If a permit or entitlement has not been exercised within the established time frame and a time extension is not granted the permit or entitlement shall deemed void. B. Permit implementation - exercising the permit or entitlement. The zoning approval shall not be deemed “exercised” until the permittee has commenced actual construction (after obtaining any required construction permit); provided that in all cases, construction shall be diligently pursued until completion of the subject structure. If no construction is required, the zoning approval shall be deemed “exercised” when the permittee has actually commenced the allowed use on the subject site in compliance with the conditions of approval. C. Project Phasing. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phases was exercised, unless otherwise specified in the zoning approval, or the zoning approval shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the zoning approval shall be exercised before the expiration of the Tentative Map, or the zoning approval shall expire and be deemed void. D. Extensions of time. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Permit Implementation, Time Limits and Extensions 17.595 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-40 1. The applicant shall file a written request for an extension of time with the Division, accompanied by the required filing fee, prior to expiration of the approval. 2. The burden of proof is on the applicant to establish, with substantial evidence that the zoning approval should be extended. Upon determination that the applicant has made a good faith effort to establish the permit, the Director may extend the time to establish an approved permit for up to an additional 12 months, unless the conditions of approval authorize longer extensions. Whenever an extension is requested after approval of a first extension, the Director shall notify the Commission and Council of such request prior to acting upon same. 17.595.035 - Changes to an Approved Project An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request. A. Minor changes may be approved, modified, or denied by the Director. Major changes shall be approved, modified or denied by the original review authority. B. The Director shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in: 1. Significant impacts to the surrounding neighborhood. 2. Significant environmental impacts. 3. A change to the approved use or a significant change to project design. 4. A change to the basis on which the environmental determination for the project was made. 5. A change to the basis upon which the review authority made the findings for approval of the project. A major change request shall be processed in the same manner as the original permit or entitlement. 17.595.040 - Resubmittals For a period of 1 year following the approval, disapproval or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. The Director shall determine whether the new application is for a discretionary land use permit or entitlement which is the same or substantially similar to the previously approved or disapproved permit or entitlement. 17.595.045 - Covenants When necessary to achieve the land use goals of the City, the City may require a property owner(s) to execute and record a Covenant in favor of the City. The Covenant may be imposed as a condition of CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Permit Implementation, Time Limits and Extensions 17.595 Article 5 – Land Use and Development Permit Procedures August 2005 – PC Approved Final Draft 5-41 approval by the Director, Commission, or Council. The applicable processing fees shall be specified in the City Council Fee Resolution, which may be obtained from the Division. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft ARTICLE 6 Zoning Code Administration Chapter 17.600 - Administrative Responsibility...................................................................... 6-3 17.600.005 - Purpose......................................................................................................... 6-3 17.600.015 - City Council ................................................................................................. 6-3 17.600.020 - Planning Commission................................................................................... 6-3 17.600.025 - Board of Zoning Adjustment...................................................................... 6-4 17.600.030 - Community Development Director ............................................................ 6-4 Chapter 17.610 - Nonconforming Uses, Structures, and Parcels...............................................6-5 17.610.005 - Purpose........................................................................................................6-5 17.610.010 - Nonconforming Uses.....................................................................................6-5 17.610.015 - Loss of Nonconforming Status....................................................................6-6 17.610.020 - Nonconforming Structures ..........................................................................6-6 17.610.025 - Exemptions and Exceptions ........................................................................6-9 17.610.030 - Maintenance and Repair............................................................................6-10 17.610.035 - Nonconforming Parcels...............................................................................6-10 17.610.040 - Unlawful Uses and Structures .....................................................................6-11 17.610.045 - Nuisance Abatement..................................................................................6-11 Chapter 17.620 - General Plan, Zoning Map and Zoning Code Amendments ..................... 6-12 17.620.005 - Purpose....................................................................................................... 6-12 17.620.010 – Initiation of Amendments ........................................................................ 6-12 17.620.015 – Application Filing, Processing and Review............................................... 6-12 17.620.020 - Commission Action on Amendments......................................................... 6-13 17.620.025 - Council Action on Amendments .............................................................. 6-13 17.620.030 - Findings.................................................................................................... 6-13 17.620.035 - Prezoning.................................................................................................. 6-13 Chapter 17.630 - Public Hearings and Administrative Review............................................ 6-15 17.630.005 - Purpose....................................................................................................... 6-15 17.630.010 - Notice of Public Hearings and Administrative Review............................ 6-15 17.630.015 - Notice of Decision – Director .................................................................. 6-20 17.630.020 - Notice of Decision – Commission............................................................ 6-20 17.630.025 - Finality of Decision by Director or Commission ....................................... 6-21 17.630.030 - Recommendation by Commission............................................................ 6-21 17.630.035 - Notice of Decision – Council ..................................................................... 6-21 17.630.040 - Mailing of the Notice of Decision............................................................ 6-21 6-1 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-2 Chapter 17.640 - Appeals........................................................................................................... 6-22 17.640.005 - Purpose....................................................................................................... 6-22 17.640.010 - Council Review ........................................................................................ 6-22 17.640.015 - Commissions Review ................................6-Error! Bookmark not defined. 17.640.020 - Appeal by both the Council and Commission.......................................... 6-23 17.640.025 - Appeals of Decisions................................................................................ 6-23 17.640.030 - Filing and Processing of Appeals............................................................... 6-23 17.640.035 - Notice for Appeal Hearings...................................................................... 6-24 17.640.040 - Notice of Final Decision – Commission .................................................. 6-24 17.640.045 - Appeal Pending ........................................................................................ 6-24 Chapter 17.650 - Enforcement................................................................................................... 6-25 17.650.005 - Purpose....................................................................................................... 6-25 17.650.010 - Violations ................................................................................................... 6-25 17.650.015 - Remedies Not Exclusive .......................................................................... 6-25 17.650.020 - Inspection ................................................................................................... 6-25 17.650.025 - Recovery of Costs .................................................................................... 6-26 17.650.030 - Additional Permit Processing Fees............................................................. 6-26 Chapter 17.660 - Revocations and Modifications .................................................................. 6-27 17.660.005 - Purpose....................................................................................................... 6-27 17.660.010 - Hearings and Notice ................................................................................... 6-27 17.660.015 - Review Authority Action ........................................................................... 6-27 17.660.020 - Action Following Revocation .................................................................. 6-28 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Administrative Responsibility 17.600 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-3 Chapter 17.600 - ADMINISTRATIVE RESPONSIBILITY Sections: 17.600.005 - Purpose 17.600.010 - City Council 17.600.015 - Planning Commission 17.600.020 - Board of Zoning Adjustment 17.600.025 - Community Development Director 17.600.005 - Purpose This Chapter defines the authority and responsibilities of City staff and official bodies in the administration of this Title. 17.600.010 - City Council The Council shall perform the duties and functions prescribed in this Title, which include the following: A. Review Authority on Specified Planning Matters. Final decisions on Development Agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process; and B. Appeals. The review of any appeal filed from a decision by the Commission. The functions listed above shall be performed in compliance with 17.500.010 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority) and the California Environmental Quality Act (CEQA) 17.600.015 - Planning Commission A. Appointment. The Commission shall be appointed and serve in compliance with Chapter 3.03 (Commissions and Agencies) of the Municipal Code. B. Duties and Authority. The Commission shall perform the duties and functions prescribed by Chapter 3.03 (Commissions and Agencies) of the Municipal Code and this Title, including the following: 1. The review and final decision on development projects and related environmental documents; and 2. The recommendation, to the Council for final decisions, on Development Agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Administrative Responsibility 17.600 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-4 3. The functions listed above shall be performed in compliance with 17.500.010 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority) and the California Environmental Quality Act (CEQA). 17.600.020 - Board of Zoning Adjustment A. Appointment. The Board shall be comprised of two appointed members of the Commission and serve in compliance with Chapter 3.03 (Commissions and Agencies) of the Municipal Code. B. Duties and Authority. The Board shall perform the duties and functions prescribed by Chapter 3.03 (Commissions and Agencies) of the Municipal Code and this Title, including the review and final decision on any interpretations of this Title by the Director. 17.600.025 - Community Development Director A. Duties and Authority. The Director: 1. Shall have the responsibility to perform all of the functions designated by State law; 2. Shall perform the duties and functions prescribed in this Title, including the review of any administrative development project in compliance with 17.500.010 (Authority for Land Use and Zoning Decisions), Table 5-1 (Review Authority and the California Environmental Quality Act (CEQA); 3. Shall perform other responsibilities assigned by the Council and Commission; and B. Delegation and Supervision. The Director may delegate the responsibilities of the Director to assigned City staff under the supervision of the Director. When the Director designates a City staff person, the staff person shall perform the duties assigned by the Director in addition to those listed in Subsection A, above, as appropriate to the personnel title of the designee. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Non-Conforming Uses, Structures and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft CHAPTER 17.610 - NONCONFORMING USES, STRUCTURES, AND PARCELS Sections: 17.610.005 - Purpose 17.610.010 - Nonconforming Uses 17.610.015 - Loss of Nonconforming Status 17.610.020 - Nonconforming Structures 17.610.025 - Exemptions and Exceptions 17.610.030 - Maintenance and Repair 17.610.035 - Nonconforming Parcels 17.610.040 - Unlawful Uses and Structures 17.610.045 - Nuisance Abatement 17.610.005 - Purpose This Chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the City that were lawfully established, constructed, or subdivided before the adoption or amendment of this Title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or future amendments thereto. It is the intent of this Chapter to encourage the continuing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance. 17.610.010 - Nonconforming Uses A. Continuation of Use. Any non-conforming use may be maintained and continued provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the non-conforming use. Alterations which do not increase or enlarge a nonconforming use may be approved. B. Abandonment or Discontinuance of Use. A nonconforming use which has been abandoned or has been discontinued for a period of one year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title. C. Change of Use. A nonconforming use that is changed to, or replaced by a conforming use shall result in termination and subsequent abandonment of the nonconforming use. D. Nonconforming Oil Use. Land which has been used for the drilling, production, or processing of oil, gas, or other hydrocarbons, may continue in the use regardless of the applicable zoning district. The provisions of this Subsection shall not apply to gasoline service stations or other 6-5 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Non-Conforming Uses, Structures and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-6 like uses, or to any oil well, oil well structures, or equipment that has been abandoned or the use has been discontinued for a period of at least one year E. Conditional Uses. 1. Conformity of uses requiring Administrative Use Permits and Conditional Use Permits. Any use existing at the time of adoption of this Title, in a zoning district that allows the use subject to the granting of an Administrative Use Permit or Conditional Use Permit, shall be deemed a legal nonconforming use and may only continue to the same extent that it previously existed. 2. Previous Administrative Use Permits or Conditional Use Permits in effect. A use that was established with an Administrative Use Permit or a Conditional Use Permit but is no longer a use allowed by this Title within the applicable zoning district may continue in compliance with the provisions and terms of the original permit. If the Administrative Use Permit or Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the original permit. 17.610.015 - Loss of Nonconforming Status A. Termination by Discontinuance of Use. 1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least one year, the rights to a legal nonconforming status shall terminate. 2. The one-year period shall not apply if the Director determines that legitimate and continual efforts to reuse or release the subject property have been made during the one-year period. 3. The determination of abandonment shall be supported by evidence satisfactory to the Director (such as the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation). 4. Without further action by the City, further use of the site or structure shall comply with all of the current regulations of the applicable zoning district and all other applicable provisions of this Title. 17.610.020 - Nonconforming Structures A. Alterations or Additions. The construction, enlargement, expansion, extension, or reconstruction of a nonconforming structure shall be subject to the following: 1. Increase in area. The work shall be allowed if it results in an increase or enlargement of the area, space, or volume of the structure only if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, staircase CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Nonconforming Uses, Structures, and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-7 and landing area encroachments, and the requirements of the Uniform Building Code are met. New additions or alterations shall not increase existing nonconformities (e.g., the construction may comply with the existing nonconforming setbacks but shall not propose any further encroachment in the required setbacks). 2. Improvements to nonconforming multi-family and nonresidential primary structure(s) a. Major improvement defined. A major improvement is an improvement that will add 10% or more, with a minimum of 750 square feet, to the existing gross floor area of the multi-family or nonresidential structure(s) on the site, as determined by the Building Official. b. Minor improvement defined. If the City determines that the estimated value of the work for which the permit is requested is equal to 10 percent or more of the replacement value of the multi-family or nonresidential structure(s) on the site, but at least $50,000.00 (to be adjusted annually each July 1 st to reflect the increase in the Consumer Price Index for all Urban Consumers, Los Angeles/Riverside/Orange County Area as established by the U.S. Department of Labor for the period from March of the preceding year through March of the current year), it shall be considered a minor improvement. In application of this Section, "work value" and "replacement value" shall be determined as follows: i. Work value. Each permit shall indicate the value of the work to be performed. If the Building Official believes the work value estimate indicated on the permit is too low, the Building Official shall estimate the value of the proposed work for the purpose of this calculation. ii. Replacement value. The replacement value of an existing structure shall be determined using tables of reconstruction costs published by the International Conference of Building Officials. The type of construction is determined, and a cost per square foot is derived from the table. This cost is multiplied by the number of gross square feet in the structure to obtain the estimated reconstruction cost of the structure. iii. Commercial revitalization area. If the proposed minor improvements include exterior building facade improvements to an existing structure located within an area designated by the Council as a Commercial Revitalization Area, the portion of the work value devoted to exterior building facade improvements shall not be included in determining the 10 percent or $50,000.00 enforcement threshold for minor improvements. c. Incidental improvements defined. An improvement that does not qualify as a major or minor improvement shall be considered an incidental improvement. d. Requirements. Whenever a permit for a major improvement or minor improvement to an existing nonconforming structure is requested, the Director shall not approve the application unless the requirements of Table 6-1 are met: CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Nonconforming Uses, Structures, and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-8 TABLE 6-1 REQUIREMENTS FOR MAJOR AND MINOR IMPROVEMENTS Requirement Major Improvement Minor Improvement 1. The appropriate number of parking spaces shall be provided for the type of uses proposed for the site, in compliance with 17.320 (Off-Street Parking). ¦ 2. Any sign on the subject site shall be in compliance with 17.330 (Signs). ¦ ¦ 3. All roof equipment screening shall be provided in compliance with 17.300.035 (Screening). ¦ ¦ 4. All trash enclosures shall be provided subject to the approval of the Sanitation Manager and the Director. ¦ ¦ 5. Parking lot landscaping, paving, screening, and striping shall meet all City requirements; provided, compliance with the requirements does not decrease the number of available parking spaces in compliance with 17.320 (Off-Street Parking). ¦ ¦ 6. Fences, walls, and hedges shall comply with 17.300.030 (Fences, Hedges, and Walls). ¦ ¦ 7. The project shall conform to the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Planning Commission. ¦ ¦ 8. Notwithstanding requirement 5, above, the addition of floor area to an existing structure shall not be allowed unless there is additional parking to serve the newly-added floor area, in compliance with 17.320 (Off-Street Parking). ¦ B. Nonconforming Due to Parking. A structure that is nonconforming due to the lack of compliance with off-street parking standards may undergo changes in compliance with this Section, subject to the following provisions: 1. Residential additions. Additional parking spaces shall not be required for additions to single family homes, duplexes or triplexes that result in no more than four bedrooms per unit. However, additions resulting in five or more bedrooms per unit shall provide the minimum parking required. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Nonconforming Uses, Structures, and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-9 2. Multi-family residential structures. Additional parking spaces shall not be required provided the change does not result in an increase in the number of dwelling units, nor the elimination of the only portion of the parcel that can be used for the required/existing vehicle parking or access; 3. Nonresidential structures and uses. Structures with parking space deficiencies shall be allowed to expand or accommodate a change of use provided that: a. The expansion or new use has the same or lesser parking requirement as the existing or previous use or structure; b. The expansion or new use has a greater parking requirement than the existing or previous use or structure and a sufficient number of additional parking spaces have been provided to accommodate the net increase of required spaces in the following manner: i. The net new parking spaces shall equal the number of spaces directly required by the change in use only; ii. The number of additional parking spaces shall equal the number of spaces directly required by the expansion area only; iii. Where there are two or more nonconforming structures on a site, but not all structures are proposed for additions, changes, or intensifications, parking nonconformities for the structures not proposed for additions, changes, or intensifications may remain as they are. 17.610.025 – Exemptions and Exceptions Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g. fire, earthquake, or other calamity) may be reconstructed or replaced provided: A. Development Standards. The new structure(s) shall comply with the development standards (such as building envelope and footprint standards) in effect when the damaged or destroyed structure(s) was originally constructed; provided however, that the new structure(s) shall contain no more dwelling units and/or floor area than the damaged structure(s). B. Building and Fire Code Compliance. All new construction shall comply with the current Building and Fire Code requirements; however, the Building Official may require compliance for areas other than the new construction when deemed necessary. C. Time Limits. A building permit for reconstruction must be obtained no later than 18 months after the date of destruction, and construction must be pursued diligently to completion. D. Current Requirements. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Nonconforming Uses, Structures, and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft E. Extensions. If the applicant submits a written request before expiration of the 18 months, containing reasonable justification for an extension, the Director may extend the deadline for issuance of the building permit for up to an additional 18 months. 17.610.030 - Maintenance and Repair A. Maintenance and Repair. A nonconforming structure may be continued, improved, and maintained, subject to the restrictions contained in this Chapter. B. Seismic Retrofitting/Building Code Compliance. Repairs or alterations required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations. The seismic retrofitting and Code compliance shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (such as Title 24 and the California Code of Regulations). 17.610.035 - Nonconforming Parcels A nonconforming parcel of record that does not comply with the access, area, or width requirements of this Title for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria specified by this Section. A. Applicability. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following: 1. Approved subdivision. The parcel was created through a subdivision approved by the City; 2. Variance or lot line adjustment. The parcel was approved through the Variance procedure, in compliance with Chapter 17.550 (Variances and Administrative Modifications) or resulted from a lot line adjustment; or 3. Partial government acquisition. The parcel was created in compliance with the provisions of this Title, but was made nonconforming when a portion of the parcel was acquired by a governmental entity. B. Further Division or Reduction of Parcel - Prohibited. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Title, or that makes the use of the parcel more nonconforming. 17.610.040 - Unlawful Uses and Structures 6-10 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Non-Conforming Uses, Structures and Parcels 17.610 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-11 Any use or structure which did not comply with the applicable provisions of this Title or prior planning and zoning regulations when established are violations of this Title and are subject to the provisions of Chapter 17.650 (Enforcement). This Chapter does not grant any right to continue occupancy of property containing an illegal or unpermitted use or structure. The activity shall not be allowed to continue unless/until permits and entitlements required by this Title and the Municipal Code are first obtained. 17.610.045 - Public Nuisance Abatement In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the Director in compliance with Chapter 9.04 (Nuisances) of the Municipal Code. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE General Plan, Zoning Map and Zoning Code Amendments 17.620 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-12 Chapter 17.620 - GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS Sections: 17.620.005 – Purpose 17.620.010 – Initiation of Amendments 17.620.015 – Application Filing, Processing and Review 17.620.020 - Commission Action on Amendments 17.620.025 - Council Action on Amendments 17.620.030 - Findings 17.620.035 - Prezoning 17.620.005 - Purpose This Chapter provides procedures for the amendment of the General Plan, the Zoning Map, and this Title. A General Plan Amendment may include revisions to strategies, goals, land use designations, policies, or text. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Title may modify any procedure, provision, requirement, or standard applicable to the development or use of property within the City. 17.620.010 – Initiation of Amendments An amendment may be initiated as follows: A. Council. A resolution of intention initiated by the Council; B. Commission. A resolution of intention by the Commission; or C. Property Owner. An application from a property owner. 17.620.015 - Application Filing, Processing, and Review A. Filing. An application for an amendment shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.620.030 (Findings), below. B. Notice and Hearings. Notice and hearings regarding an application for an amendment shall be provided in compliance with Chapter 17.620 (Public Hearings and Administrative Review) CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE General Plan, Zoning Map and Zoning Code Amendments 17.620 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-13 17.620.020 - Commission Action on Amendments The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in 17.620.030 (Findings), below. 17.620.025 - Council Action on Amendments Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in 17.620.030 (Findings), below. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification may first be referred back to the Commission for its recommendation. 17.620.030 - Findings An amendment to the General Plan, the Zoning Map, or this Title may be approved only if all of the following findings can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings. A. Mandatory Findings Required for all Amendments: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and 3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA). B. Additional Finding for Zoning Map Amendments: The site(s) is physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development. 17.620.035 - Prezoning A. Purpose. An unincorporated property within the City’s sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the City. The initiation and the procedures for the prezoning shall be the same procedures that govern the rezoning of property within the City. Upon the effective date of annexation of property that has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the City’s Official Zoning Map. All property not prezoned by the CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE General Plan, Zoning Map and Zoning Code Amendments 17.620 Council prior to annexation shall be designated in the R1 (Single-Family Residential) zoning district upon annexation (See 17.200.015.F, Zoning Upon Annexation). B. Commission Action on Prezoning. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in Subsection D., below. C. Council Action on Prezoning. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in Subsection D., below. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification may first be referred back to the Commission for its recommendation. D. Findings for Prezoning. A prezoning may only be approved if all of the following findings can be made: 1. The proposed prezoning is consistent with the goals, policies, and strategies of the General Plan; 2. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and 3. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested/anticipated land use development(s). Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-14 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-15 Chapter 17.630 - PUBLIC HEARINGS AND ADMINISTRATIVE REVIEW Sections: 17.630.005 - Purpose 17.630.010 - Notice of Public Hearings and Administrative Review 17.630.015 - Notice of Decision –Director 17.630.020 - Notice of Decision – Commission 17.630.025 - Finality of Decision by Director or Commission 17.630.030 - Recommendation by Commission 17.630.035 - Notice of Decision – Council 17.630.040 - Mailing of the Notice of Decision 17.630.005 - Purpose This Chapter provides procedures for public hearings before the Commission and Council and for administrative review by the Director. When a public hearing is required by this Title, public notice shall be given and the hearing shall be conducted as provided by this Chapter. 17.630.010 - Notice of Public Hearings and Administrative Review Table 6-2 below identifies the noticing requirements for public hearings or public reviews before the Commission or Council. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 TABLE 6-2 MANDATORY PUBLIC HEARINGS OR PUBLIC REVIEWS BEFORE THE COMMISSION OR COUNCIL Type of Notice Required Type of Discretionary Review Mailed Notice Published Notice Posted Notice Within 30 days after application deemed complete A. Deadline 21 days before the date of the public hearing or review 14 days before the date of the public hearing or review B. Type of Discretionary Review Applications: 1. Comprehensive Plan ¦ ¦ ¦ 2. Conditional Use Permit (CUP) except No. 3, below ¦ 3. CUP for sale of alcoholic beverages ¦ ¦ 4. General Plan Amendment: a. Land use map change ¦ ¦ b. Text amendment ¦ 5. Site Plan Review ¦ ¦ 6. Specific Plan ¦ ¦ 7. Subdivision (CCMC Ch. 15.10) ¦ ¦ 8. Variance ¦ ¦ 9. Zoning Code/Map Changes a. Map change ¦ ¦ ¦ b. Text amendment ¦ A. Mailed Notice. Written notices for public hearings identified in Table 6-2 scheduled for the Commission or Council shall be given in the following manner: 1. Notices shall be mailed, postage prepaid to the following: a. The applicant, occupants and owner(s), or their agent, of the property being considered; Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-16 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-17 b. The owners and occupants of all property within a radius of 300 feet of the exterior boundaries of the property or the perimeters of the premises of the proposed use involved in the application. This Subsection establishes the minimum mailed notice requirements and shall not preclude the provision of notice to a greater number of persons; c. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected; and d. A person who has filed a written request for notice with the Director and has paid the fee established by the most current City Council Fee Resolution for the notice. 2. Notices shall be mailed at least 21 days before the date scheduled for the public hearing or review. 3. For the purposes of this notification, the last known name and address of each property owner as identified in the records of the Los Angeles County Assessor shall be used, unless a more current source of this information is known. 4. The address of occupants shall be determined by visual site inspection or other reasonably accurate means. The occupant notice requirement can be met by mailing the notice to the occupant(s). 5. At the time of filing the application, the applicant or designee shall provide a list of property owners and occupants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in compliance with the requirements of this Section. 6. The City shall prepare the notice, which shall clearly state the following information: a. The date, place, and time of the scheduled hearing; b. The name of the hearing body; c. A general explanation of the matter to be considered; d. A general description, in text or by diagram, of the location of the subject property; e. The manner in which additional information may be received; f. Any other pertinent information deemed appropriate by the Director; and g. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the City’s use of the State promulgated CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-18 7. The Director has the discretion on a case-by-case basis to require the applicant to expand the mailing list beyond the minimum mailing area identified in Subparagraph A.1.b., above, based on criteria including traffic impact, parking demand, building shade and shadow, noise corridor, cul-de-sac street, view impact, and other potential impact(s) and physical boundaries that could help delineate the impact area. 8. In the event a public hearing or review is opened but continued to a date certain by the Commission or Council, further notice is not required but may be given at the Director's discretion. 9. The failure of any person or addressee to receive a written mailed notice shall not invalidate the public hearing or review proceedings, provided that the Commission, or the Council, may continue the public hearing or review if deemed necessary, in compliance with Paragraph A.8., above. B. Published Notice. Published notices of public hearings or reviews identified in Table 6-2 before the Commission and the Council shall be given in the following manner: 1. 14-day notice. A notice shall be published at least once in a local newspaper of general circulation in the City not less than 14 days before the date of the public hearing or review. The Director has the discretion to publish the notice in other newspapers; and 2. Content of notice. The content of the notice of a public hearing shall be provided in compliance with Subparagraphs A.6.a.-g., above. C. Posted Notice. In addition to the mailed notice and published notice identified in Subsections A. and B., above, posted notices for a public hearing or review before the Commission or Council for the applications identified Table 6-2 concerning specific real property, shall be provided at the applicant’s expense in compliance with the following provisions: 1. The sign shall be posted within 30 days after the subject application is deemed complete by the Division. More than one sign may be required by the Director for a large project or a project site with more than one street frontage. 2. The sign shall be located in a conspicuous place on the property abutting a public street not less than one foot nor more than 10 feet inside the property line. In the event the sign is not visible at this location, the sign may be attached to a structure, freestanding fence, or wall that has a minimal setback. 3. The sign shall be in compliance with the following requirements: a. The size of the sign shall be twelve square feet in sign area, generally measuring three feet by four feet; b. The sign shall not exceed eight feet in height from the ground level, however, if the property is surrounded by fences, walls, or hedges at or near the property lines, additional height shall be provided as necessary to ensure visibility of the sign from the public right-of-way; CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-19 c. The sign shall not be illuminated; d. The sign shall include factual information about the title of the pending development, project case number, brief description of the request, name and telephone number of project proponent, location of property, and the Division telephone number. In addition, the date, location, and time of the scheduled public hearing or review shall be shown on the sign as soon as that information is confirmed by the City, but no later than 21 days before the scheduled public hearing or review; e. The size, style, and color of the sign’s lettering shall meet the specifications approved by the Director; f. A Building Permit shall not be required for the posting of a sign, installed in compliance with this Section. 4. The sign shall remain in place until the expiration of the appeal period following a decision by the review authority. If the application requires the Council's final approval or if an appeal is filed, the sign shall remain in place with the new hearing date noted until the final decision by the Council. The sign shall be removed within 10 days of either the end of the appeal period or the final decision by the Council, whichever applies. 5. The applicant shall submit to the Director an affidavit verifying that the sign was posted on the site in a timely manner in compliance with this Section. 6. Failure to post the sign, to include required information, or to comply with applicable placement or graphic standards and requirements may result in a delay in the required public hearing or review. D. Notice of Administrative Use Permits, Administrative Site Plan Review and Administrative Modification applications. Table 6-3 below identifies the noticing requirements for administrative actions by the Director. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-20 TABLE 6-3 MAILED NOTIFICATION REQUIREMENTS FOR ADMINISTRATIVE DISCRETIONARY REVIEW APPLICATIONS Notice Requirement Type of Administrative Review See Chapter Mailed Notice Mailing Deadline A. Administrative Use Permits : 17.530 All property owners and occupants within a 300-foot radius 15 days before the anticipated date of decision by Director B. Administrative Modifications. 17.550 All adjacent property owners and occupants 15 days before the anticipated date of decision by Director C. Administrative Site Plan Reviews. 17.540 All adjacent property owners and occupants 15 days before the anticipated date of decision by Director 1. In addition to all persons notified in compliance with Table 6-3 above, a notice of decision on the Administrative Site Plan Review, Administrative Modification and Administrative Use Permit applications shall be mailed to the applicant and other parties directly involved with the application, in compliance with 17.630.045 (Mailing of the Notice of Decision), below. E. Additional Notice. In addition to the types of notice required by Subsections A. through D., above, the Director may provide additional notice with content or using a distribution method as the Director determines is necessary or desirable (e.g., on the Internet). F. Effect of Notification Requirements. Nothing in the public notification requirements identified in this Section is intended to supersede the procedures established in this Chapter for other discretionary reviews. 17.630.015 - Notice of Decision – Director The Director may record the decision, refer the matter to the Commission for determination, or defer action and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City. 17.630.020 - Notice of Decision – Commission The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action, take specified items under advisement, and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/ monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Public Hearings and Administrative Review 17.630 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-21 17.630.025 - Finality of Decision by Director or Commission The decision of the Director or Commission is final unless appealed in compliance Chapter 17.640 (Appeals). 17.630.030 - Recommendation by Commission At the conclusion of a public hearing on a Comprehensive Plan, Development Agreement, Specific Plan, prezoning, or a proposed amendment to the General Plan or Zoning Map/Code, the Commission shall forward a recommendation, including all required findings, to the Council for final action. 17.630.035 - Notice of Decision – Council For an application requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and general welfare of the City. 17.630.040 - Mailing of the Notice of Decision Within 10 working days after the final decision or recommendation is rendered by the appropriate review authority, a notice of the decision, recommendation, any applicable conditions of approval, and any reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application. A copy of the notice shall also be sent to the property owner, if different from the applicant and to all other persons who have filed a written request for notice. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Appeals 17.640 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-22 Chapter 17.640 - APPEALS Sections: 17.640.005 - Purpose 17.640.010 - Commission Review 17.640.015 - Council Review 17.640.020 - Appeal by both the Council and Commission 17.640.025 - Appeals of Decisions 17.640.030 - Filing and Processing of Appeals 17.640.035 - Notice for Appeal Hearings 17.640.040 - Notice of Decision – Commission 17.640.045 - Appeal Pending 17.640.005 - Purpose This Chapter provides procedures for the following: A. The Council’s review of a decision rendered by the Commission; B. The Commission’s review of a decision rendered by the Director; C. The simultaneous request for an appeal by both the Council and Commission; and D. The filing of an appeal, by other than the Council or Commission, of a decision rendered by the Director or Commission. 17.640.010 - Commission Review A member of the Commission may request the opportunity to discuss any decision previously rendered by the Director; however, a majority vote of the Commission is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing. 17.640.015 - Council Review A member of the Council may request the opportunity to discuss any decision previously rendered by the Director or Commission; however, a majority vote of the Council is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council. 17. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Appeals 17.640 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-23 17.640.020 - Appeal by both the Council and Commission If members of both the Commission and Council file an appeal from the same decision, the matter shall be scheduled for Council determination. The Council shall determine whether the appeal shall be considered, and if so, by which review authority. Once the Council determines that the appeal should be heard, the appeal shall be scheduled for hearing by the review authority designated by the Council. 17.640.025 - Appeals of Decisions An appeal filed by other than the Council or Commission shall be heard by the following review authorities: A. Director Appeals. A decision rendered by the Director may be appealed to the Commission; and B. Commission Appeals. A decision rendered by the Commission may be appealed to the Council. 17.640.030 - Filing and Processing of Appeals A. Timing and form of appeal. Appeals shall be submitted in writing and filed with the Division or City Clerk, as applicable, within 15 days after the decision date identified in the notice of decision. Appeals addressed to the Commission shall be filed with the Division, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal as required by Paragraph C. below. Appeals shall be accompanied by the filing fee established by the City Council Fee Resolution. The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. B. Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the matter and schedule the matter for consideration by the appropriate review authority. C. Required Statement and Evidence. 1. Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed. 2. Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions to mitigate potential impacts 3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Appeals 17.640 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-24 D. Action. If the matter originally required a noticed public hearing, the Division or City Clerk, as applicable, shall notice the hearing in compliance with Section17.634.040 (Notice for Appeal Hearings). At the hearing, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. 1. By resolution, the review authority may affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal. 2. When reviewing an appeal, the review authority may amend or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal. 3. When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval. 4. If new or different evidence is presented on appeal, the Commission or Council, may, but shall not be required to, refer the matter back to the Director or Commission for further consideration. 17.640.035 - Notice for Appeal Hearings A. Appeal of Commission’s decision. Where an appeal of a Commission decision made following a public hearing noticed in compliance with 17.620.010 (Notice for Public Hearings and Administrative Review), above, is filed with the City Clerk and a hearing on the merits of the appeal is placed in the Council agenda, notice shall be given in compliance with 17.620.010 (Notice for Public Hearings and Administrative Review), above, unless the Council determines otherwise. B. Appeal of Director’s decision. The Director may require mailed notices on a case-by-case basis in compliance with 17.620.010 (Notice for Public Hearings and Administrative Review), above, for the appeal of an administrative discretionary review decision to the Commission or Council. At minimum, notice of the appeal shall be mailed to all persons who previously received notice of the Director's decision at least 21 days before the scheduled public hearing or review. 17.640.040 - Notice of Final Decision – Commission Within 10 working days after the final decision is rendered by the Commission, a notice of the decision and any applicable conditions of approval shall be mailed to the appellant at the address shown on the application. A copy of the notice shall also be sent in compliance with 17.620.045 (Mailing of the Notice of Decision). 17.640.045 - Appeal Pending While an appeal is pending, the establishment of any affected use or structure shall be held in abeyance and all permits and licenses issued for the use or structure shall be stayed. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Enforcement 17.650 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-25 Chapter 17.650 - ENFORCEMENT Sections: 17.650.005 - Purpose 17.650.010 - Violations 17.650.015 - Remedies Not Exclusive 17.650.020 - Inspection 17.650.025 - Recovery of Costs 17.650.030 - Additional Permit Processing Fees 17.650.005 - Purpose This Chapter provides procedures which are intended to ensure compliance with the requirements of this Title and the conditions of land use permit approval. 17.650.010 - Violations A. Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved or operated contrary to the provisions of this Title or any condition of approval, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. B. Stop Work Order. Construction in violation of this Title or any condition imposed through this Title shall be subject to the issuance of a "Stop Work Order." A violation of a Stop Work Order shall constitute a misdemeanor. C. Penalty. Any violation of or failure to comply with the provisions of this Title shall be deemed to be a misdemeanor, and punishable as such, notwithstanding the fact that at the discretion of the City Attorney, the violation of any section of this Title may be prosecuted as an infraction. Each day a violation of any provision of this Title continues shall be a new and separate violation. 17.650.015 - Remedies Not Exclusive All remedies contained in this Title for the handling of violations or enforcement of the provisions of this Title are not mutually exclusive of any other applicable provisions of City, County, State, or Federal law and do not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. 17.650.020 - Inspection Every owner and applicant seeking an approval or any other action through this Title shall allow authorized City officials, or their designees, reasonable access to any premises or property which is the subject of the approval or other action. Once approval or other action has been granted in compliance with this Title, the owner or applicant shall allow authorized City officials, or their designees, access to CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Enforcement 17.650 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-26 the premises where there is reasonable cause to believe the premises or property is not in compliance with the approval or other action. 17.650.025 - Recovery of Costs The procedures for the recovery of administrative costs and expenses incurred by the City for the enforcement of this Title or any condition imposed through this Title, in cases where no permits are required to correct a violation, shall be followed as set forth in Sections 9.04.600, et seq. of the Culver City Municipal Code. 17.650.030 - Additional Permit Processing Fees Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Title, or any condition imposed through this Title, shall pay the additional permit processing fees established by the City Council Fee Resolution for the correction of the violation before being granted a permit for a use or structure on the site. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Revocations and Modifications 17.660 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-27 Chapter 17.660 - REVOCATIONS AND MODIFICATIONS Sections: 17.660.005 - Purpose 17.660.010 - Hearings and Notice 17.660.015 - Review Authority Action 17.660.020 - Action Following Revocation 17.660.005 - Purpose This Chapter provides procedures for securing revocation or modification of previously approved applications, permits, and entitlements. 17.660.010 - Hearings and Notice The appropriate regulatory authority shall hold a public hearing to determine if an application, permit, or entitlement granted in compliance with the provisions of this Title should be revoked or modified. Written notice shall be mailed (except for Temporary Use Permits) at least 21 days before the public hearing to the project applicant and/or property owner, as identified in the records of the Los Angeles County Assessor, unless a more current source of this information is known. 17.660.015 - Review Authority Action A. Permit revocation or modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., Director, Commission, or Council) that originally approved the permit or entitlement if any one of the following findings can be made: 1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and general welfare require the revocation; 2. The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement(s) in the application or in the applicant’s testimony presented during the public hearing for the permit or entitlement; 3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated; 4. The use or structure for which the permit was granted has ceased to exist or has been suspended for at least one year, as defined in Section 17.610.030. (Loss of Nonconforming Status); 5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Revocations and Modifications 17.660 Article 6 - Zoning Code Administration August 2005- PC Approved Final Draft 6-28 6. The improvement/use allowed by the permit has become detrimental to the public health, safety, or general welfare, or the manner of operation constitutes or is creating a nuisance. B. Administrative Modification or Variance revocation/modification. An Administrative Modification or Variance may be revoked or modified by the review authority that originally approved the permit or entitlement if any one of the following findings can be made, in addition to those outlined in Paragraphs A.1-6., above: 1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the grantee has not substantially exercised the rights granted by the Administrative Modification or Variance; or 2. One or more of the conditions of the Administrative Modification or Variance have not been met or have been violated, and the grantee has not substantially exercised the rights granted by the Administrative Modification or Variance. 17.660.020 - Action Following Revocation When a revocation or modification hearing is initiated by the City, the permit or entitlement shall be suspended automatically and the property owner shall be notified immediately. When necessary, in order to protect public health, safety, or general welfare, an authorized City official may order all or any portion of the operations formerly authorized by the permit or entitlement, to cease during the time of suspension. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 7 - Definitions August 2005 – PC Approved Final Draft 7-1 ARTICLE 7 Definitions Chapter 17. 700 - Definitions .................................................................................................... 7-2 17.700.005- Purpose............................................................................................................... 7-2 17.700.010- Definitions of Specialized Terms and Phrases ................................................ 7-2 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Article 7 - Definitions August 2005 – PC Approved Final Draft 7-2 Chapter 17.700 - DEFINITIONS 17.700.005 - Purpose This Article provides definitions of terms and phrases used in this Title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Title. If a word is not defined in this Article, or in other provisions of the Title, the most common dictionary definition is presumed to be operative. 17.700.010 - Definitions of Specialized Terms and Phrases The following definitions are in alphabetical order: A. Definitions, “A.” Accessory Dwelling Unit. Attached or detached residential dwelling unit, which provides complete, independent living facilities for one or more persons, and that contains permanent provisions for sleeping, eating, cooking, and sanitation on the same parcels as single-family and duplex dwellings. Accessory Food Service. A use accessory to a primary retail use occupying no more than 20% of the gross floor area of the primary use where customers are served prepared food and/or beverages from a walk-up ordering counter for either on or off premise consumption. Accessory Retail Use. The retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, industrial, or studio complex for the purpose of serving employees or customers of the primary use, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals, as well as convenience stores and food service establishments within hotel, office and industrial complexes. Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. Accessory Use. A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located. Accessory Uses and Structures, Residential. Any use and/or structure that is customarily a part of or clearly incidental to a residence, which does not change the character of the residential use and/or household. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property: Garages Gazebos Greenhouses Outdoor recreational amenities, such as tennis and other on-site sport courts Spas and hot tubs Storage sheds Swimming pools Workshops CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-3 Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth-based TV and radio broadcasts; see "Telecommunications Facilities." Adult Business. Any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons merchandise, services, or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by State law. Adult Day Care Facilities. State-licensed facilities that provide non-medical care and supervision for more than six adults for periods of less than 24 hours. Aisle. A driveway which also serves as a maneuvering space for ingress and egress to one or more adjacent parking spaces. Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Title. Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption. Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation. Allowed use. A use of land identified by Article 2 (Zoning Districts and Allowable Land uses) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan review and/or building permit approval, subject to compliance with all applicable provisions of this Title. Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting. See also “Structural alteration.” Animal Sales and Services: 1. Animal Boarding and Kennels. Public or commercial facilities for the keeping, boarding, or maintaining of common household pets for commercial purposes, except for dogs or cats offered for sale in pet shops. 2. Pet Shops. Retail stores selling or offering for adoption birds, cats, dogs, fish, and other common household pets, including supplies for the care and feeding of the animals sold. This use may include pet grooming, but not the overnight boarding of animals other than those for sale. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-4 3. Pet Day Care. A facility for the primary purpose of same day short-term keeping, boarding or maintaining of animals that do not require medical treatment and excludes the keeping of animals overnight. 4. Veterinary Clinics and Animal Hospitals. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. This may include the incidental overnight boarding of animals. Approval. Includes both approval and approval with conditions. Architectural Feature. A soffit, column, wing wall, canopy, roof eave, balcony, and any other similar element that does not create an interior floor space. Assembly: 1. Clubs, Lodges, and Private Meeting Halls. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: Business associations Political Organizations Civic, social and fraternal organizations Professional membership organizations Labor Unions and similar organizations Other membership organizations 2. Religious Places of Worship. Facilities operated by organizations for worship, or the promotion of religious activities, such as churches, synagogues, mosques, and temples; and accessory uses on the same site, such as living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the church itself. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp) are classified according to their respective activities. Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with Section 17.400.020 (Automatic Teller Machines). Awning. A permanent or temporary structure attached to and wholly supported by a wall or a building and installed over and partially in front of doors, windows or other openings in a building and consisting of a frame and a top of canvas or other similar material covering the entire space enclosed between the frame. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-5 B. Definitions, “B”. Banks and Financial Services. Financial institutions including: Banks and trust companies Credit agencies Holding (but not primarily operating companies) Lending and thrift institutions Other investment companies Securities/commodity contract brokers and dealers Security and commodity exchanges Vehicle finance (equity) leasing agencies Does not include check cashing or pay day loan facilities. Bedroom. Any room in a dwelling except a living room, bathroom, dining room or kitchen, but including a den, family room, game room, library, office, play room, sewing room, study, or other room which could, under the Building Code of the City of Culver City, be used for sleeping purposes without structural modification, and also including an alcove, loft or similar feature within a room other than a bedroom. Building. See "Structure." Business Frontage. The portion of a building occupied by a single business tenant, and fronts on a public street, faces a courtyard, pedestrian corridor or walkway, parking lot or alley. Business and Consumer Support Services. Establishments primarily providing consumers and businesses with services including maintenance, repair and service, testing, rental, as well as the following: Blueprinting Business equipment repair services (except vehicle repair, see “Vehicle Service – Maintenance/Repair”) Computer-related services (rental, repair) Copying, quick printing, and blueprinting services Equipment rental businesses within buildings Film processing laboratories Heavy equipment repair services where repair occurs on the client site Household appliance and equipment repair services Janitorial and maid services Mail advertising services (reproduction and shipping) Photocopying and Photofinishing Protective Services (other than office related) Window cleaning C. Definitions, “C”. California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur. Canopy Depth. The maximum perpendicular distance that a canopy projects away from the building wall to which it is attached. Canopy, Nonstructural. See Awning. Canopy, Structural. An architectural feature that projects from, and is totally supported by, the exterior wall of a building; provides protection from the elements to pedestrians below, or to CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-6 occupants within the building; is usually positioned above a window or a door; and is permanent in that it is not retractable and cannot be removed from the building within the building. Canopy Width. The maximum parallel distance that a canopy extends across the building wall to which it is attached. Carport. A roofed structure over a driveway, the purpose of which is to shelter a vehicle. Catering Services. Preparation and delivery of food and beverages for off-site consumption which may include provisions for on-site pickup. A catering service ancillary to a primary restaurant use is included under the definitions of “Restaurants.” Check Cashing. Check cashing is a primary business, other than a bank, credit union, or other similar financial institution, that cashes, sells, and/or processes checks, money orders, electronic money transfers, and other financial documents for a fee. Child Day Care Facilities. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are also required to be licensed by the California State Department of Social Services: 1. Child Day Care Center. Commercial or non-profit child day care facilities designed, approved and licensed as a child care center with no permanent resident. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with another related facility, or as an independent land use. 2. Large Family Day Care Home. A day care facility located in a residence where a full- time resident provides care and supervision for 7 to 12 children (plus 2 additional children after school). Children under the age of 10 years who reside in the home count as children served by the day care facility. 3. Small Family Day Care Home. A day care facility located in a residence where a full- time resident provides care and supervision for 6 or fewer children (plus 2 additional children after school). Children under the age of 10 years who reside in the home count as children served by the day care facility. City. The City of Culver City, State of California, referred to in this Title as the "City." City Council. The City Council of Culver City, referred to in this Title as the "Council." Clubs, Lodges and fraternal organizations: Permanent headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: Business associations Civic, social and fraternal organizations Labor unions and similar organizations Political organizations Professional membership organizations Other membership organizations CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-7 Commercial Entertainment and Recreation: 1. Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement/entertainment services for a fee or admission charge, including ice skating and roller skating, batting cages, pool and billiard rooms as primary uses and bowling alleys. 2. Arcade. Any premises containing 4 or more entertainment devices, or any premises wherein 50% or more of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or any accessory use of the premises. For purposes of this definition, amusement device means any mechanical or electronic game, machine, or equipment which is played or used for amusement, which, when so played or used involves skill and which is activated by coin, token or key, or for which the player or user pays money for the privilege of playing or using. 3 or less machines are not considered a land use separate from the primary use of the site. Up to 10 amusement devices are permitted in conjunction with a multiplex movie theater complex without being considered an Arcade. 3. Outdoor Commercial Recreation. Facilities for various outdoor participant sports or entertainment and types of recreation where a fee is charged for use, such as amphitheatres, golf-driving ranges separate from golf courses, miniature golf courses, batting cages, swim and tennis clubs. Does not include parks and playgrounds, which are defined separately. 4. Theaters. Indoor facilities for public assembly and group entertainment, other than sporting events, including civic theaters and facilities for "live" theater and concerts, and motion picture theaters. Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Public Recreational Facilities.” Common Interest Development. Any residential condominium, community apartment house, or stock cooperative. Condominium. As defined by Civil Code Section 1351, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. D. Definitions, “D”. Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Detached. Any structure that does not have a wall or roof in common with another structure. Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Title. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-8 Development Agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 17.590 of this Title and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project. District. See "Zoning District." Drive-in and Drive-thru Facilities. Retail or service facilities where products or services are provided to motorists who remain in their vehicles. These facilities include drive-thru fast-food restaurants, and drive-up bank teller windows, dry cleaners, pharmacies, etc. Does not include: automatic teller machines (ATMs), automobile service stations, or car washes, which are separately defined. Duplex. Attached residential structures under single ownership containing two dwellings. Dwelling unit. Any structure designed or used for the shelter or housing that contain permanent provisions for sleeping, eating, cooking and sanitation occupied by or intended for one or more persons on a long term basis. E. Definitions, “E”. Eating and Drinking Establishments: 1. Bars and Night Clubs. Businesses where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include Adult Businesses. 2. Restaurant, Counter Service. A retail business where customers are served prepared food and/or beverages from a walk-up ordering counter for either on- or off-premise consumption, which may include fast-food and take-out restaurants A restaurant with drive-up or drive-through service is instead included under the definition of "Drive-in and Drive-Thru Facilities." 3. Restaurant, Table Service. A retail business selling food and beverages prepared on the site, where most customers are served food at tables for on-premise consumption. These restaurants may also provide food on a take-out basis and live entertainment that is clearly secondary to table service. Emergency Shelter. Facilities for the emergency or temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-9 Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA). F. Definitions, “F”. False Mansard. A sloped wall segment that is above or projects down and away from a vertical wall of a building, and that is not a building roof, as defined by the Uniform Building Code. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. G. Definitions, “G”. General Plan. The City of Culver City General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Title as the "General Plan." Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. H. Definitions, “H”. Handcraft Industries. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa, tanning or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor activities. Home Occupation. The conduct of a business within the business owner’s primary residence, with the business activity being subordinate to the residential use of the property. Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic/fitness facilities, and accessory retail uses. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-10 I. Definitions, “I”. Internet Café. A business where customers can use a computer with Internet access for a fee, usually per hour or minute. It may also sell food and beverages. J. Definitions, “J”. No specialized terms beginning with the letter ”J” are used at this time. K. Definitions, “K”. Kitchen. Any room or space within a building used or designated for the cooking or preparation of food. L. Definitions, “L”. Landscaping: 1. Hardscape Areas. Areas including patios, decks, walkways and paving. 2. Hydrozone. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. 3. Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). 4. Landscaped Area. The entire parcel less the building footprint, driveway, parking, and hardscaped area. Water features are included in the calculation of the landscaped area. 5. Landscaping. Areas that include live plant materials (trees, shrubs, vines, groundcover or turf) in containers or at grade. 6. Overspray. Water that is delivered beyond the landscaped areas. 7. Parkway. Land area between street curb and sidewalk. 8. Runoff. Water that is not absorbed by the landscaping to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a severe slope. 9. Street Trees. Trees planted within a public street right-of-way. 10.Turf. A single-bladed grass or sod. Land use permit. Authority granted by the City to use a specified site for a particular purpose, including but not limited to Administrative Use Permits, Comprehensive Plans, Conditional Use Permits, Specific Plans, Variances and planning clearances, as established by Article 5 (Land Use and Development Permit Procedures) of this Title. Laundries and Dry Cleaning Plants. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-11 upholstery cleaners. Does not include laundromats or dry cleaning pick-up stores with limited dry cleaning equipment; see "Personal Services." Libraries and Museums. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature. Live/Work Unit. An integrated housing unit and working space occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity. Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Title. Types of lots include the following: 1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee. 3. Interior lot. A lot abutting only one street. 4. Key lot. An interior lot, the front of which adjoins the side property line of a corner lot. 5. Reverse corner lot. A corner lot, the rear of which abuts a key lot. 6. Through lot. A lot with frontage on two generally parallel streets. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft Figure 7-1 Examples of Lot Types Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot. Lot coverage. See "Site Coverage." Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Director shall determine lot depth for parcels of irregular configuration. Lot frontage. The boundary of a lot adjacent to a public street right-of-way. Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as follows: 1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. 2. Interior lot line. Any lot line not abutting a street. 3. Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line. 7-12 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 4. Side lot line. Any lot line that is not a front or rear lot line. 5. Zero Lot Line. The location of a structure on a lot in such a manner that one or more edges rests directly on a lot line. Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The Director shall determine lot width for parcels of irregular shape. Figure 7-2 – Lot Features M. Definitions, “M”. Manufacturing: 1. Chemical Product Manufacturing. Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Facilities included in this definition manufacture three general classes of products: (1) basic chemicals, such as acids, alkalines, salts, and organic chemicals; (2) chemical products to be used in further manufacture, such as synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption, such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the Retail Trade group in the land use and permit tables. 2. Construction Materials Manufacturing. Manufacturing, processing, and sales involving concrete, plaster, lumber, paving and roofing materials as defined below: 7-13 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-14 Concrete, Gypsum and Plaster Product Manufacturing. Manufacturing establishments producing bulk concrete, concrete building block, brick, tile and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and manufacture of gypsum products, such as plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under “Building Material Stores.” Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: Containers, pallets and skids Turning and shaping of wood products Milling operations Wholesaling of basic wood products Trusses and structural beams Wood product assembly Craft-type shops are included in “Artisan Shops” and other wood and cabinet shops are included under “Furniture and Fixture Manufacturing.” The indoor retail sale of building materials is included under “Building Material Stores.” Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar. 3. Electronics and Equipment Manufacturing. Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation. storage, transmission, transformation and use of electrical energy, including: Appliances, such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines Aviation instruments Electronic transmission and distribution equipment Electronic components and accessories, and semiconductors, integrated circuits, related devices Electronic instruments, components and equipment such as calculators and computers Electrical welding apparatus Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting Industrial apparatus, Industrial controls Instruments for measurement, testing, analysis and control, associated sensors and accessories Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electro-medical and electrotherapeutic apparatus, electrical equipment for internal combustion engines Motors and Generators Optical instruments and lenses Photographic equipment and supplies Pre-recorded magnetic tape Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies Surveying and drafting instruments Telephone and telegraph apparatus Transformer, switch gear and switchboards Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Services”), or research and development facilities separate from manufacturing (see “Research and Development”). CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-15 4. Fabric Product Manufacturing. Manufacturing establishments fabricating clothing, draperies, and other similar products, and/or producing textiles and leather products, which may include any of the following operations: Coating, waterproofing, or otherwise treating fabric Dying and finishing fiber, yarn, fabric and knit apparel Manufacture of knit apparel and other finished products from yarn Manufacture of felt goods, lace goods ,non-woven fabrics and miscellaneous textiles Manufacturing of woven fabric, carpets and rugs from yarn Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage Upholstery manufacturing Custom tailors and dressmakers not operating as factory and not located on the site of a clothing store (“General Retail Stores”) are instead included under “Personal Services.” 5. Food and Beverage Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes: Bakeries (Non-retail) Bottling plants Breweries Candy, sugar and confectionary products manufacturing Catering services separate from stores or restaurants Coffee roasting Dairy products manufacturing Fats and oil product manufacturing Fruits and vegetable canning, preserving and related processing Grain mill products and by-products Meat, poultry, and seafood canning, curing, byproduct processing Soft drink production Miscellaneous food item preparation from raw products 6. Furniture and Fixtures Manufacturing. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. 7. Glass, Metal, and Plastics Product Manufacturing. Manufacturing establishments 1) producing flat glass and other glass products, which are pressed, blown, or shaped from glass produced in the same establishment; 2) assembling metal parts, including uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products; and 3) producing finished plastic products, fiberglass, and rubber products such as tires, footwear, flooring, and other rubber products from natural, synthetic or reclaimed rubber. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-16 8. Machinery Manufacturing. The manufacturing of machinery and equipment used for the manufacturing of other products; as parts in the assembly of other products; and for end- use purposes, including the following: Constructive equipment Laundry and Dry Cleaning Die Casting Materials Handling Engines and Turbines Oil Field Equipment Farming and Gardening Passenger and Freight Elevators Food Products Manufacturing Printing Heating, Ventilation, Air Conditioning Refrigeration Equipment Industrial Trucks and Tractors Textile Manufacturing 9. Paper Product Manufacturing. The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products such as paper bags, boxes, envelopes, wallpaper, etc. 10.Small-Scale Products Manufacturing. Manufacturing establishments not classified in another major manufacturing group, including: musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous products. 11.Stone, Clay and Pottery Products Manufacturing. Manufacturing establishments engaged primarily in producing, cutting, shaping, and finishing marble, granite, slate, brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles. Also includes establishments engaged primarily in buying or selling partly finished monuments and tombstones. Artist/craftsman uses are included in "Handcraft Industries” and “Small-Scale Products Manufacturing." Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types: 1. Backlots/Outdoor Facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops. 2. Indoor Support Facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), special effects and optical effects units, film laboratories, etc. 3. Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops. Medical Services: 1. Office/Clinics. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, dental and other personal health services. Counseling services by other than medical doctors or psychiatrists are included under "Offices." 2. Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-17 These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports. 3. Laboratories. Medical and dental laboratories. Metal Products Fabrication, Machine and Welding Shops. Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products. Blacksmith and welding shops Sheet metal shops Machine shops and boiler shops Mixed-Use Project. Any development that contains a combination of residential and nonresidential uses within one building or an integrated group of buildings on one development site. Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over 8 feet in width and 40 feet in length , with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single-Family Dwellings”. Mobile Home Park. Any site that is planned and improved to accommodate 2 or more mobile homes used for residential purposes, or on which 2 or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. Multiple-Family Dwellings. A building or a portion of a building used and/or designed as residences for four or more families living independently of each other. Includes: apartments; townhouse development (four or more attached single-family dwellings where no unit is located over another unit); senior citizen multi-family housing; and common interest development (such as condominiums). N. Definitions, “N”. Non-Conforming Structure. A structure that was legally constructed and which does not conform to current code provisions/standards prescribed for the zoning district in which the structure is located. Non-Conforming Use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Title and which does not conform to current code provisions governing allowable land uses for the zoning district in which the use is located. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-18 O. Definitions, “O”. Offices. This Title distinguishes between the following types of office facilities. These do not include: medical offices (see "Medical Services – Office/Clinics"); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use. 1. Administrative/Business. Establishments providing direct services to consumers, such as credit, lending, and trust agencies, insurance agencies, real estate offices, and utility company offices. 2. Government. City, and other local, state, and federal government agency or service facilities. Includes post offices. 3. Broadcasting Offices and Studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including antennas and towers, are included under the definition of "Telecommunications Facilities." 4. Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include: Advertising agencies Architectural, engineering, planning and surveying services Computer software production and programming services Educational, scientific and research organizations Media post production services Graphic design, fashion, photography and commercial art studios Writers and artists offices 5. Professional. Professional offices including: Accounting, auditing and bookkeeping services Attorneys Counseling services Court reporting services Data processing Services Detective agencies and similar services Employment, stenographic, secretarial and word processing services Literary and talent agencies Management and public relations services Open Space, Common. Areas of a developed site that are available for active and/or passive recreational use by residents of a multi-family residential project. Open Space, Private. An area of a developed site that is contiguous to and directly accessible from an individual dwelling unit, which is available for active and/or passive recreational uses by the inhabitants of the dwelling unit, and which is open on top or on at least one side. P. Definitions, “P”. Parking Facilities. Service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-19 street parking required by the Title). Includes sites where vehicles are stored for rental or leasing. Parks and Playgrounds. Public parks, play lots, playgrounds, and athletic fields for non- commercial neighborhood or community use, including tennis courts. If privately owned, the same facilities are included under the definition of “Private Residential Recreation Facilities”. Personal Services. Establishments providing non-medical services as a primary use, including: Hair, nail, facial, and personal care Psychics Clothing rental Shoe repair shops Dry cleaning pick-up stores with limited equipment Tailors Laundromats, (self service laundries) Tanning Salons Massage therapy, (licensed therapeutic) These uses may also include accessory retail sales of products related to the services provided. Pipelines and Utility Lines. Transportation facilities for the conveyance of water or commodities other than petroleum. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Utility lines include facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices"), or distribution substations (see "Public Utility Facilities"). Planning Commission. The City of Culver City Planning Commission, appointed by the City Council in compliance with Government Code Section 65101 referred to throughout this Title as the “Commission”. Porte Cochere. A roofed structure extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter a person entering or exiting a vehicle. Primary Structure. A structure that accommodates the primary use of the site. Primary Use. The main purpose for which a site is permitted, developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur. Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business and Consumer Support Services." Private Residential Recreational Facilities. A privately-owned, non-commercial recreation facility provided for a residential project or neighborhood residents, including swimming pools and sport court facilities. Does not include golf courses, country clubs, or private sport courts accessory to single-family dwellings. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-20 Public Recreational and Cultural Facilities. Facilities owned and operated by public agencies including community centers, libraries, museums, outdoor theatres and similar types of facilities. Public Safety Facilities. Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. Public Utility Facilities. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission level to another or to local distribution and service levels. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: Electrical substations and switching stations Natural gas regulating and distribution facilities Public water system wells, treatment plants and storage Telephone switching facilities Wastewater treatment plants, settling ponds and disposal fields These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards. Q. Definitions, “Q”. No definitions of terms beginning with the letter “Q” are used at this time. R. Definitions, “R”. Recycling Facilities. Facilities open to the public for the collection or processing of recyclable material, subject to certification under the California Beverage Container Recycling and Litter Reduction Act, which include the following types of facilities: 1. Incidental Small Collection Recycling Facility. . A use which is incidental to a primary use of property and is established for the acceptance of recyclable materials from the public, occupying less than 500 square feet. Incidental small collection recycling facilities may include the following as defined in this Chapter: a. One or more single reverse vending machines in a grouping that includes separate containers adjacent to each machine. b. Recyclable material containers which do not utilize power driven processing equipment. 2. Small Collection Recycling Facility. A use subordinate to and different from the main use of property, which subordinate use is established for the acceptance of recyclable materials from the public, occupies an area no larger than 1200 square feet and which involve no permanent structures. Small collection recycling facilities may include the following as defined in this Chapter: a. One or more bulk reverse vending machines. b. A mobile unit CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-21 c. Kiosk type units. 3. Large Collection Recycling Facility. A collection facility that is larger than 1,200 square feet and is the main use of the property and may include permanent structures. The 1,200 square feet area shall be composed of the cumulative total of all permitted recycling facilities on a site, lot or parcel. The use is established for the acceptance and storage of recyclable materials from the public. 4. Recyclable Material. Aluminum, glass, plastic, paper and other items which are intended for remanufacture or reconstitution for the purpose of reuse in an altered or renewed form. Refuse or materials deemed hazardous by the Culver City Fire Chief are expressly excluded from this definition. 5. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slop with a value not less than the container’s redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. 6. Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers. 7. Recycling Facility, Processing. A building or enclosed space used for the collection and processing of recyclable materials for efficient shipment, or to an end user’s specifications, through baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, remanufacturing and other methods. Research and Development. Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies (see "Offices - Production"), soils and other materials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services – Office/Clinics"). Residential Care Facility. Facilities providing 24 hour residential, assisted living, social and personal care for children, the elderly, and people with limited ability for self-care. Varying levels of care and supervision are provided. Residential care facilities may include basic services and community space. Includes: board and care homes; children’s homes; transitional houses; orphanages; rehabilitation centers; convalescent homes, nursing home and similar facilities. Excludes facilities for persons requiring surgical or other primary medical treatment. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-22 Retail: 1. Artisan Shops. Retail stores selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold. 2. Building Material Stores. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, tile, fixtures, nursery stock, lawn and garden supplies. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies to the trade are classified in "Wholesaling and Distribution." Hardware stores are listed in the definition of "General Retail Stores," even if they sell some building materials. 3. Construction Equipment Sales. Retail establishments selling or renting heavy construction equipment, including cranes, earth-moving equipment, heavy trucks, etc. 4. Convenience Stores. Retail stores of 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility. 5. General Retail Stores. Stores and shops selling lines of merchandise not specifically listed under another use classification. Such types of stores and lines of merchandise include: Appliances Art Gallery Antiques Artists' supplies Bakeries (retail only) Bicycles Books Cameras and photographic supplies Clothing and accessories Computer and computer equipment Consumer Electronics Department stores Drug and discount stores Collectable items sales Curio, Gift and souvenir shops Dry goods Fabrics and sewing supplies Florists and houseplant stores (indoor) Furniture and Home Furnishing Grocery stores Hardware Hobby materials Jewelry Luggage and leather goods Musical instruments, parts and accessories Newsstands Orthopedic supplies Religious goods Small wares Specialty shops Sporting goods and equipment Stationery Toys and games Variety stores 6. Pawn Shops. Retail establishments that accept personal property as collateral for loans, and offer the property for sale to the public. 7. Second Hand Stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of antiques is included under "Art, Antique, Collectible and Gift Sales." The sale of cars and other used vehicles is included under "Auto, Mobile Home and Vehicle Sales." CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.000 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-23 8. Shopping Center. A site occupied by a mix of commercial uses that are primarily retail stores, but may also include personal service uses, eating and drinking establishments, or other uses with higher parking requirements, where the businesses share common pedestrian and parking areas. 9. Warehouse Retail. A retail store emphasizing product lines other than groceries, with a sales floor of 40,000 square feet or larger, that typically package and sell products in large quantities or volumes, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. S. Definitions, “S”. Schools. Public and private educational institutions, including: Boarding schools Business, secretarial, and vocational schools Colleges and universities Elementary, middle, and junior high schools High schools Military academies Professional schools (law, medicine, etc.) Seminaries/religious ministry training facilities Also includes specialized non-degree granting schools offering instruction in: Art Ballet and other dance Bartending Computers and electronics Cooking Drama Driver education Language Music Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Child Day Care Facilities"). See also the definition of “Studios for Art, Dance, Music, Photography, etc.” for smaller-scale facilities offering specialized instruction. Senior Citizen Congregate Care Housing. Senior congregate care housing facilities are multiple-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. Setback. The distance by which the wall of a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. See also “Yard”. Signs. 1. Background Canopy Area. The outer surface area of a canopy that is reasonably visible to public view. 2. Background Wall Area. The largest rectangular opaque portion of each wall segment within which wall signs are displayed. 3. Backlit Characters. That method of sign illumination achieved by concealing the light CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-24 source between the three-dimensional opaque letters, numbers or other characters of a sign and the solid surface of a building or structure on which the sign characters are mounted that result in the night time perception of a halo around the silhouette of each sign character. 4. Cabinet Sign. A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. 5. Canopy Sign. A sign displayed on an awning or a canopy. 6. Changeable Copy Sign. A sign with a message comprised of letters, numbers, or other characters that are manually or mechanically changed to display different messages. 7. Construction Sign. A temporary sign that identifies the names, addresses and telephone numbers of parties directly involved in the business occupancy, construction, design, or financing of pending or in-progress physical improvements to the premises. 8. Corporate Flag Sign. A wind-activated flag with a message that is an inherently distinctive logo or trademark for a business. 9. Decorative Banner and Flag. A festive permanent graphic display that is made of durable cloth, plastic or similar non-rigid material, and that either displays no message or displays only a predominately pictorial message that does not directly identify or advertise a business on the premises. 10. Directional Sign. A sign that identifies to motorists or pedestrians an entry or exit point to or from an adjacent public right-of-way, or to or from various points of passage on or within private property. 11. Electronic Message Sign. A sign with a message comprised of letters, numbers, or other characters that are electronically changed to display different messages. 12. Event Sign. A sign that identifies, advertises or promotes a special or temporary event. 13. Freestanding Sign. A sign that is displayed on and is totally supported by one or more support elements that are on the ground, with no part of the sign attached to a building or similar structure. 14. Holiday Sign. A temporary sign or display that is placed in remembrance or celebration of any recognized religious, local, State or Federal holiday. 15. Institutional Flag. A wind-activated flag with a message that is an inherently distinctive symbol for a particular government jurisdiction. 16. New Business Sign. A temporary sign that displays only the name of a new business or a change in the name of an existing business. 17. Nonconforming Sign. Any sign that does not comply with this Title. 18. Off-site Sign. Any sign with a message that does not relate directly to an active use of the CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-25 premises on which it is displayed. 19. On-site Sign. Any sign with a message that relates directly to an active use of the premises on which it is displayed. 20. Parapet Wall Sign. A wall sign that is located below the top of the parapet line of a building and above the top of the window line of the highest story of the building, and including a sign on a false mansard. 21. Public Information. A message of potential interest to the general public as a whole that includes no business identification, advertising, or promotional information (e.g., time and temperature information). 22. Public Information Sign. A sign that displays only a public information message. 23. Real Estate Sign. A sign that indicates the availability of land or buildings for sale, lease, rent, or other permanent or temporary disposition. 24. Sign. Any emblem, icon, insignia, logo, replica, symbol or trademark that displays a message in lettered, written, numbered, pictorial or any other visually perceptible form, and including the support elements, distinct background area and decorative embellishments thereof. Does not include murals, paintings or other works of art that are not intended to advertise or identify any business or product. 25. Sign Copy. All portions of a sign that display a message. 26. Sign Face Area. The area of a sign that includes copy and distinct background surfaces. 27. Support Element. The structural portion of a sign that secures it to the ground, a building or to another structure. 28. Temporary Banner Sign. A sign that is made of durable cloth, plastic or similar non- rigid material, that displays a business identification, advertising or promotional message, and that is displayed only for a short period of time as regulated in this Chapter. 29. Theater Marquee Sign. A sign attached to or made an integral part of the structural canopy of a theater. 30. Vertical Clearance. The distance from the bottom of a sign, but not including the support elements of a freestanding sign, to the average finished grade below, or to the grade of the nearest point of an adjoining public right-of-way with a higher elevation if within 5 feet thereof. 31. Wall Sign. A sign that is displayed on, or is attached to, an exterior wall of a building or structure. 32. Window Sign. A permanent or temporary sign that is displayed on the surface of any glass or glazed material, or that is displayed interior and close enough to a window to be reasonably visible from outside the window. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-26 Single-Family Dwellings. A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations. Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Site coverage. The percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles. Special Event. A duly licensed and approved activity of limited duration that is not directly related to an established business on the premises where the event is held, such as a carnival or Christmas tree sales on a vacant or unused lot, or a fundraising activity of a nonprofit organization held on the improved premises of an established business. Storage: 1. Warehouse Storage. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include personal storage facilities offered for rent or lease to the general public. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use. 2. Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, then the space between the floor and the ceiling above. Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Article. Street line. The boundary between a street right-of-way and property. Structural alteration. Any construction or physical change in the supporting members of a structure, such as bearing walls, columns, beams or girders. See also “Alteration.” Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Title, the term "structure" includes "buildings." CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-27 Studios for Art, Dance, Music, Photography, etc. Small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. These include facilities for: individual and group instruction and training in the arts; performing arts and production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; and aerobics and gymnastics studios with no other fitness facilities or equipment. Larger facilities are included under the definition of “Schools, Specialized Education and Training.” Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1351: a condominium project, a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative. Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions. T. Definitions, “T”. Tandem Parking. A parking space configuration where two or more parking spaces are lined up behind each other. Telecommunications: 1. Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. 2. Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (eg. Water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building. 3. Cellular. An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennas. 4. Cellular mobile radio telephone utility facility (facility). A type of remote communication installation that includes a grouping or series of antennas that transmit, relay, and receive radio waves, together with equipment that is functionally integrated into a communication system, that is located on a cell site that is part of a network for transmission of telephone service. 5. Co-location. The locating of wireless communications equipment from more one provider on a single ground-mounted, roof-mounted, or structure-mounted facility. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-28 6. Dish Antenna. A parabolic, dish-like antenna which transmits and/or receives electromagnetic waves by line of sight. 7. Ground-Mounted Antenna. An antenna the entire weight of which is supported by a manufacturer and/or installer specified and City approved platform, framework, pole or other structural system, which system is affixed directly on or in the ground by a foundation and which system is free-standing, excluding lateral bracing to a building. 8. Height. The vertical distance between the highest point of a dish antenna when actuated to its most vertical position and grade below for a ground-mounted dish antenna, and to the roof below for a roof-mounted dish antenna. 9. Monopole. A structure composed of a single spire used to support antennas and related equipment. 10. Primary Dish Antenna Facility. A facility which is the primary use of a site consisting of 1 or more dish antennas, the ancillary structures and electronic equipment necessary to support or operate the antennas, and offices for the business selling transmission services. 11. Reasonable Functional Use. The positioning of a dish antenna which permits substantially unobstructed line of sight with geosynchronous orbiting satellites or microwave dish antennas from or to which the dish antenna receives or transmits electromagnetic waves. 12. Satellite Dish Antenna. An antenna for the home, business or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites. 13. Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, commercial satellite dish antennas, conduit and equipment structures. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see "Pipelines and Utility Lines"). Temporary Event. A duly licensed and approved activity of limited duration that is directly related to an established business on the premises where the event is held, such as the outdoor sales of Christmas trees by a supermarket, or a weekend festive promotion for a business that is staged outdoors and that provides complimentary food, music, entertainment or similar attractions to entice public attendance or participation. Transit Stations. Passenger stations for vehicular and rail mass transit systems; includes buses, taxis, railways, etc. Triplex. Attached residential structure under single ownership containing three dwellings. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-29 U. Definitions, “U”. Unit. See "Dwelling Unit." Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained. V. Definitions, “V”. Variance. A discretionary entitlement that may waive or relax the development standards of this Title, in compliance with Chapter 17.550 (Variances and Administrative Modifications). Vehicle Sales and Services: The sales, rental, repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes, but it not limited to the following categories: 1. Accessories Installation. Minor facilities that specialize in the addition of supplemental convenience items or devices to vehicles that do not involve the primary operating system of a vehicle (such as motors or transmissions) or structural features (such as body, chassis, or suspension). These establishments provide installation of alarms, stereos, window tinting, etc. 2. Auto and Vehicle Sales/Rental. Retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and moped sales (see "Retail: General Retail Stores"); tire recapping establishments (or "Service Stations," which are separately defined. 3. Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicle Sales and Services"). Does not include businesses dealing exclusively in used parts. 4. Body/Paint. Facilities that provide vehicle painting, body, frame, and fender work. 5. Car Washes. Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See Chapter 17.520.010 (Temporary Use Permits). 6. Fueling Stations. A retail business selling gasoline or other motor vehicle fuels. Does not include repair services that are incidental to fuel services (see “Vehicle and Services: Maintenance/Repair), the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work (see “Vehicle Sales and Services: Paint/Body”), or the rental of vehicle storage or parking spaces. A convenience store on the same site as a fueling station is considered a separate land use, and is separately defined. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-30 7. Impounding/Storage. Facilities that provide impounding and storage of towed or impounded vehicles. Does not include towing (see “Vehicle Sales and Services: Towing”). 8. Maintenance/Repair. Repair facilities dealing with vehicles including the installation, replacement, tuning, or maintenance of the various parts, equipment, or operating systems of a vehicle. 9. Mobile Home and Recreational Vehicle Sales. Retail establishments selling and/or renting the following new or used vehicles and products: Boats Campers/camper shells Golf carts Jet skis Mobile homes Motor homes Motorcycles Snowmobiles Travel/recreational trailers Other recreational vehicles 10. Towing, No Storage. Facilities that provide vehicle towing. Does not include storage of towed or impounded vehicles (see “Vehicle Sales and Services: Impounding/Storage”). W. Definitions, “W”. Warehousing and Distribution. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes terminal facilities for handing freight and cold storage. Does not include: warehouse, storage or personal storage facilities offered for rent or lease to the general public (see "Storage, Personal Storage Facilities"); and warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution). Wing Wall. A wall that extends from an exterior building wall; is architecturally integrated into the design of the building to which it is attached and which has the effect of partially or entirely “fencing” an outdoor area. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; to the trade; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: Agents, merchandise or commodity brokers, and commission merchants Assemblers, buyers and associations engaged in the cooperative marketing of farm products Merchant wholesalers Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. X. Definitions, “X”. No specialized terms beginning with the letter “X” are used at this time. Y. Definitions, “Y”. Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Title. See Section 17.300.020 (Setback Regulations and Exceptions). 1. Front Yard. An area extending across the full width of the lot between the front lot line and the required setback. CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Definitions of Specialized Terms 17.700.010 Article 7 - Definitions August 2005 – PC Approved Final Draft 7-31 2. Rear Yard. An area extending the full width of the lot between a rear lot line and the required setback. 3. Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback. Z. Definitions, “Z”. Zoning District. Any of the residential, commercial, industrial, planned development, special- purpose, or overlay districts established by Article 2 of this Title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). Zoning Code. The Culver City Zoning Code, Title 17 of the Culver City Municipal Code, referred to herein as "this Title”.