City of Culver City, California
Agenda Item Report
Meeting Date: July 23, 2012 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING – Consideration of an Appeal of
the Municipal Code Appeal Committee’s Decision on May 16, 2012 to Require
Removal of the Kitchen Cabinets Installed in an Illegal Garage Conversion as a
Condition of Approval Granting Deferred Compliance.
Contact Person/Dept.: Sharon Guidry
Community Development
Phone Number: 310-253-5940
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No []
Public Hearing: [x] Action Item: [] Attachments: [x]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: Published in the Culver City News (07/12/12); (E-Mail) Meetings and
Agendas – City Council (07/20/12).
Department Approval:
Sol Blumenfeld: (07/10/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/19/12)
Chief Financial Officer Approval:
Jeff Muir (07/19/12)
City Manager Approval:
John M. Nachbar (07/20/12)
RECOMMENDATION:
Staff recommends the City Council conduct a public hearing to consider an appeal
from Sabrina Jones, owner of residential property located at 4168 Baldwin Avenue
(Appellant), of the Municipal Code Appeals Committee (MCAC or Committee)
decision to require removal of kitchen cabinets installed in an illegal garage
conversion as a condition of deferred compliance. Deferred compliance allowed the
property owner additional time to legalize the garage as an accessory residential
structure. Staff further recommends the City Council deny the appeal and affirm the
MCAC’s decision to require removal of the kitchen cabinets as a condition of
deferred compliance.
PROCEDURE:
1. Mayor seeks motion from City Council to receive and file the affidavits of
publication and posting of notices and correspondence received in response to
the public hearing notices; and,
2. Mayor calls for a staff report and the City Council Members may pose questions
to staff as desired; and,
3. Mayor seeks a motion to open the public hearing; and,
4. Mayor seeks a motion to close the public hearing after all public testimony has
been presented; and,
5. City Council discusses the item and arrives at its decision.
BACKGROUND:
City of Culver City, California
Agenda Item Report
On April 28, 1997, the City Council adopted Resolution No. 97-R032 approving the
City’s Code Enforcement Policy (Policy) related to illegal property conversions.
(Subsequently, the Policy was re-numbered to Policy No. 2402 by Resolution No.
97-R067, see Attachment 1). The purpose of the Policy was to establish consistent
Code Enforcement policies and practices regarding illegal property conversions to
ensure compliance with the Culver City Municipal Code (CCMC) and to provide
guidance to staff and the MCAC in obtaining compliance. The MCAC is comprised
of the Assistant City Manager (sitting as designee of the City Manager), the
Community Development Director and the Fire Marshal.
The Policy establishes hearing procedures and guidelines for the MCAC
(Attachment 2), which include factors the Committee can consider when determining
whether to grant deferred compliance (an extended period of compliance to correct
code violations). Those factors are: aggravating or mitigating circumstances
surrounding the violation in question, culpability of appellant, effect of violation on
neighboring properties, economic hardship of appellant if forced to comply, and
other miscellaneous circumstances.
On February 16, 2011, a complaint was filed with Enforcement Services Division
alleging a garage was converted into living quarters at the above referenced
property. Historical records show that the garage has been converted as far back as
2006. Enforcement action was initiated in 2006 and in 2008 the Appellant was again
contacted regarding the illegal garage conversion, however, no action was taken by
the Appellant or other responsible parties to correct the violation.
An inspection was conducted on March 22, 2011 by Code Enforcement. The
inspection confirmed that the garage was illegally converted into a separate dwelling
unit consisting of a bedroom, a second sleeping area, a wall heater, living room,
dining area, full kitchen facilities, and a bathroom with a shower, all without required
permits or clearance. A Warning Notice was issued to the Appellant to obtain
Planning Clearance and Building Permits to either legalize the garage conversion or
convert it back to its original permitted use.
The Appellant did not take action after the issuance of the Warning Notice; therefore,
on August 4, 2011, Enforcement Services issued an Order to Comply (OTC) which
stated that the illegal garage conversion must be brought into compliance by
September 6, 2011. An OTC is appealable to the MCAC. On August 19, 2011, the
Appellant filed an appeal of the OTC to the MCAC, seeking deferred compliance.
An MCAC hearing was originally held on October 18, 2011. At that time, after
reviewing all of the detailed background information presented by staff and
discussing the matter with Appellant, the MCAC continued the hearing until May 16,
2012, to allow time for Appellant to determine which of three compliance options she
would pursue, and to then obtain a design professional to create a site plan and
drawings for submittal to the Planning Division. Additionally, the MCAC instructed City of Culver City, California
Agenda Item Report
Appellant to obtain a life safety inspection from the Building and Safety and Fire
Prevention Divisions, to address any immediate safety concerns. The inspection was
performed and all corrective action was taken. Additionally, Appellant submitted the
required plans and drawings to the Planning Division.
On May 16, 2012, the MCAC reconvened. At that hearing, the Committee heard
testimony from the Appellant, property co-owner Shamshi Espana, and City staff,
including Enforcement Services Manager Sharon Guidry and Associate Planner
Josh Williams. After careful consideration of the evidence presented, the MCAC
granted a period of deferred compliance until November 30, 2012 to bring the
property into compliance. As conditions of approval of deferred compliance, the
Committee required removal of all kitchen facilities, including the stove, refrigerator,
and kitchen cabinets. The Appellant is appealing only the portion of the Committee’s
decision that requires removal of the kitchen cabinets.
Staff has applied a significant amount of resources over the years related to the
enforcement of this illegal conversion. The total estimated costs associated with the
investigation, research, and enforcement of this illegal garage conversion to date is
$7,543.00.
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These costs do not include staff time associated with attendance at the City Council
Appeal Hearing.
DISCUSSION:
In using their discretion to require removal of the kitchen cabinets, the Committee
members unanimously concluded that it was appropriate to condition the granting of
deferred compliance on the removal of all kitchen facilities, including the stove,
refrigerator, and kitchen cabinets. The Committee reasoned that leaving in the
kitchen cabinets would increase the probability that the unit could be more easily re-
converted to an illegal dwelling unit in the future. They expressed their belief that,
in return for granting deferred compliance, the Committee should apply adequate
conditions so that the converted space does not become an illegal unit again.
The Committee members further expressed that the Appellant has had a large
amount of time to correct the violations and has thus far failed to do so. In granting
an additional six months to comply, the Appellant will have had more than one year
since the item was first brought before the Committee. (This does not include the
time period from the initial enforcement action by Code Enforcement). The
Committee concluded that to leave the kitchen facilities in a state where it could be
easily converted back to an illegal dwelling unit would not be consistent with the
intent of the Policy. (See Attachment 3—Draft Minutes of the May 16, 2012 MCAC
hearing). (Note the minutes have not yet been approved by the MCAC since it has
not convened since the May 16, 2012 hearing). City of Culver City, California
Agenda Item Report
Appellant responded by stating that the CCMC does not establish what type of
cabinets may be installed in an accessory residential structure if a property owner
sought to lawfully construct such assessory structure before the work has been
completed. Staff submits that the CCMC also does not specifically require the
water, gas lines, and plumbing fixtures to be capped into the wall as consistently
required by the MCAC and the Building and Safety Division; however, that action is
necessary to prevent easy reconversion. Further, if an applicant submits plans to
lawfully construct an accessory residential structure where no kitchen is proposed,
kitchen cabinets are not shown. For City Council's convenience, relevant portions of
the CCMC pertaining to Accessory structures are included as Attachment 4.
In using its discretion to require removal of the kitchen cabinets, the MCAC decision
was consistent with the premise that proper design influences lawful behavior.
Community Policing Through Environmental Design Theory (CPTED) (as defined by
the National Crime Prevention Institute) notes that the proper design can lead to a
reduction in incidences of unlawful behavior.|1010| Whether the owner can reuse the
cabinets or must forfeit the cost for them is not within the jurisdiction of the
Committee, but whether the property will become a predestined code enforcement
problem most certainly is within its jurisdiction.
When making their decision, the MCAC members reasoned that the CCMC permits
accessory residential structures without kitchen facilities. Allowing the kitchen to
essentially remain intact would conflict with the lawfully permitted use of the space
and cause confusion for future property owners and tenants relative to the intended
use of the property. The Committee therefore reasoned that it was necessary to
require removal of the kitchen cabinets as a condition of granting deferred
compliance.
A letter was sent to Appellant on May 17, 2012, confirming the MCAC decision
granting deferred compliance (Attachment 5). Appellant timely appealed the portion
of the decision requiring the removal of the kitchen cabinets (Attachment 6). Per the
Policy: “The standard of review by the City Council concerning a decision of the
Municipal Code Appeals Committee shall be whether the Committee abused its
discretion under the guidelines established by the City Council.” The “guidelines”
referenced are those set forth in the Policy as discussed earlier in the staff report.
FISCAL ANALYSIS:
The cost to the property owner/Appellant to abate the illegal unit has been deferred
for over four years. However, the enforcement action in connection with the subject
property has cost the City approximately $7,543.00 in staff time and resources
during this period. Overall, the City should expect to reduce the costs for potential
repeat enforcement action for the same violation if the cabinets are removed from
the premises.
City of Culver City, California
Agenda Item Report
NOTES:
1. Total estimated staff costs per hour:
Enforcement Services Manager – 12hrs = $ 671
Deputy City Attorney – 8hrs = $ 1192
Code Enforcement Analyst – 16hrs = $ 508
Code Enforcement Officers 17hrs = $ 648
Associate Planner – 7hrs = $ 468
Secretary – 19hrs = $ 620
Committee Chair Martin Cole – 5hrs = $ 1075
Committee Member Blumenfeld - 6hrs = $ 564
Committee Member Bowden - 3hrs = $ 489
Fire Inspector – 4hrs = $ 504
4 Building Inspectors – 1hr ea. = $ 176
Sr. Building Inspector – 1 hr = $ 52
Public Notifications 2 = $ 576
Total: $ 7543
2. The following represent some of the questions typically addressed under CEPTED:
• What is the space supposed to be used for?
• What was the original intended purpose for the space?
• How well does the space support its intended use or its current use?
• Is there conflict?
• Is there confusion or conflict in the manner in which the physical design is
intended to control behavior?
• How well does the physical design support the intended function?
• How well does the physical design support the desired or acceptable behavior?
ATTACHMENTS:
1. Resolution No. 97-R067 and Policy 2402
2. Resolution No. 97-R023
3. Draft Minutes of May 16, 2012 MCAC hearing
4. CCMC §17.400.100 – Accessory Residential Structures
5. May 17, 2012 Letter from Enforcement Services confirming deferred compliance
6. May 25, 2012 Letter from Appellant requesting appeal to City Council
7. CCMC §17.700.010 – Definitions
8. CCMC §17.400.095 – Accessory Dwelling Units
9. Photograph of kitchen in illegally converted garage
MOTION:
That the City Council:
(Staff’s recommendation) Deny the appeal and affirm the MCAC’s decision to
require removal of the kitchen cabinets as a condition of deferred compliance.
MEETING DATE: 07.23.12
AGENDA ITEM: PUBLIC HEARING - Consideration an Appeal of the Municipal
Code Appeal Commiftee's decision on May 16, 2012 to require removal of the kitchen
cabinets installed in an illegal garage conversion as a condition of approval granting
deferred compliance.
ATTACHMENTS
1. Resolution No. 97-R067 and Policy 2402
2. Resolution No. 97-R023
3. Minutes of May 16, 2012 MCAC hearing
4. GCMG § 17.400.100— Accessory Residential Structures
5, May 17, 2012 Letter from Enforcement Services confirming
deferred compliance
Pages
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5-11
12-16
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6. May 25, 2012 Letter from Appellant requesting appeal to
City Council
7. Photograph of kitchen in illegally converted garage
8. CCMC § 17.700.010 — Definitions
9. CCMCC § 17.400.095 — Accessory Dwelling Units
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51-52 ATTACHMENT I
RESOLUTION NO. 97-R067 -
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RESOLUTION OF THE CITY COUNCIL OF THE CITY -
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OF CULVER. CITY, CALIFORNIA, READOPTING AND
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. RENUMBERING IRE COUNCIL POLICY RELATING-TO
CODE ENFORCEMENT POLICY AND RESCINDING
RESOLUTION NO. 97-R032.
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WHEREAS, the City Council adopted Resolation No. 97-R032 at its
meeting of April 28, 1997, approving and adopting the City's Code Enforcement Policy
Related to Illegal Property Conversions, hereinafter the "POLICY"; and
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WHEREAS, there is a need to renumber the Coirneil Policy Statement
Myrriber for the POLICY ira order to maintain it in proper sequence; and
there is no - chang,e. to the POLICY except assigning -the
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12 POLICY a new Connril Policy Number
NOW, THEREFORE, the City council of the City of Culver City,
California, DOES HEREBY RESOLVE as follows:
I. The City Council here* approves and adopts the renumbering of
the City Council Policy Statement Number fr -cm 2401 to 2402 entitled "Code
Enforcement Policy Relating to Illegal Property Conversion?, which is attached hereto
as Exhibit "A"; and
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97R067 • 21 .&r,44 /7-4—
NoIZMAR. Y.
- • 'Ci.tY Attorney
ATTACHMENT I
9. The effective date - of this Council Policy Statement No. 2402 shall
be the effective date on which the POLICY was fast approved an4 adopted by the City
Connell at its meeting of April 2g, 1997; and
3. Resolution No. 97-R032 is hereby res ' cinded.
APPROVED and ADOPTED this 21st thy of July, 1997.
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ALBERT VERA.
MAYOR, CITY OF CULVER CITY
ATTEST:
APPROVED AS TO FORM:
ii 11(104-- 04/17
TOM CRUNK,
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28 PIN= lam -rcm PAPER. ATTACHMENT I
• CITY OF CULVER ccry
• COUNCIL :POLICY STATEMENT
General Subject CITUANS AND SERVICE
Specific Subject Code knforcement -
Porky Relating to •
Illegal Property ConversiOns
Policy-Number: 2402
Date Issued: 04/28/97
RfFedtive Date: 94/28/ 97_
ResclutionNo: 97-R 067 ,
PURPOSE:
To establish consistent Code Enforcement policies and practices regarding illegal property
-converSions to ensue compliance with the loctunicipal code and to provide guidance to staff
and Vie Municipal Code Appeals committee iabbtainingcoMpliance
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for
which no nermit was obtained.
_ The City; Cc:liana directs that when an afte,r4b2 .-factpanfit may be obtained for an
illegal conversion to property, the property : Ow shall be directed to obtain the required
permit. This may mean preparing pians i sanniteing 4ie plans Cl.r City 'S Approval and -
paying a penalty for not ohtairkinz the Remit When the wrist:Awl:ion, W.45 ori_ .0.WilY -
undertaken. So long as a permit maybe obtairectj no amnesty or delayed compliance with
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Picipgi 'code is appropriate,. e`odeatifiSrcaTjent gafris directed to 'Provide a .
reasonable tirai 6 obtain plans and their
approval hethKepasPing
°the,'"
IL LllerI propertycariversionich cannot be . cn ermitt&d der un men
municipal or building -cod 6 . provisions but which uray have be.eii when the
conversion was eon strutted :
The City Council directs that when it can be detennined that.a property conversion
may have been permitted under the code provisions in place when the conversion was -
constructed, it shall be treated as provided in Paragraph I above. The property owner
shall be required to obtain an after-the-fact permit consistent with code ptoyisions at then
time of conversion and pay any permit ' penalty required, by the current provisions of the
municipal code.
RxwAlcmccE,ounawc
PRshrt -ED REcrazo
9 7R06 7 ATTACHMENT
TH. 'dial property conversions which involve violations of the municipal code,
fire code or buildin code whicl _ re ate to health and safet provis. •
The City Connell believes that illegal conversions which create potential violations
of code provisions relating to health -and safety sh.Otilci not be Owed. Where health and
safety violations may exist, the property owner shall be required to remedy the violation
immediately or show by a preponderance of evidence fo the MtmicIpal Code Appeals
Committee thRt.the alleged -violation does not constitute a violation which affects the
health or safety of Culver Cityresidents and property owners. • Shoold the property owner
request inspection by City employees to determine the existence of a health or safety
violation, the property owner shall pay an appropriate
inspection
fee and rnay be required
to expose those portionS-1 .- )f the construction which wouldglow-inspection to determine
whether violatien$ relating to health and safety cedst and to arr.eot them expeditibusly.
Failure to pal the required inspection fed-or failure to allow inspection as requested by
City inspectors shall constitute prima fade evidence of a health or'safety vilai
W. Itlievd conversions which cannot be permitted under either current -
Previous code provisions. -
' The tity Council believes that compliance Niaiti the provisions ofthe ththicital- -
code is required of all -property owners_ However, under some circumstauces, the.tithe for
compliance sliould be defeated by a period of years; Or until a change of ownership
occurs - This &retied petiod of complIhnee tides not apply to owners with piVerties
described iii sdetiotts 1, II, and lit above. The City Conrad bAS determined thattlie
provisions ofthe nnmicipal code guarantee the qtalitir 4badittg cOnstractitnt provide
adequate Offstteet *king, geattid cOtlform-0 ., pi:ope i rtly separtton, aff. -4f011. on
krill:ring lid:04S; Iddaficitiof electrital, sewer, _MA phuthing connection and pre-StfOoft
of public edgeraeritito name oily a few'. -
gut, the CR' y colmoil has also determined thRt in eceptitinal ciretiratattes, the
titne to bring a rion-confotnting property WO varii .plikice withtle Code May be extended
The decision of whether to' extend the time for compliance shall be ffit4e by the Municipal
Code Appeals Committee based upon criteria established by the City CounciL Should the
property owner desire to appeal the decision of the Munitipal Code Appeals Committee,
he/she May do so by filing a liotice ofAppeal 'With the City Clerk withitten (10) days of
the ComMittee's decision:
• The standard of review by the City Couricil Concerning a derision of the Municipal
Code Appenls Committee shall be whether the Committee abused its discretion under the
guidelines established by the City Couna .
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Raltiam• CCPCH.0011/0bC
lharrnam ces213CYCZO PArEe. •
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97R067 ATTACHMENT 2
RESOLUTION NO 97-R023
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA ESTABLISHING
ADMINISTRATIVE HEARING PROCEDURES FOR THE
MUNICIPAL CODE APPEALS COMMITTEE
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WHEREAS, Sections 22-56 and 22-60 provide that the Municipal Code
Appeals Committee shall conduct public hearings to hear appeals of municipal code
violations and administrative assessments
WHEREAS, The City desires to establish administrative hearing
procedures for the Committee
NOW, THEREFORE, the City Council of the City of Culver City,
California, DOES HEREBY RESOLVE as follows
1 The Municipal Code Appeals Committee shall be chaired by the
Chief Administrative Officer or his/her designee and shall include the Fire Chief or
histher designee, and the Community Development Director or his/her designee
(a) The Role of the Chairperson
(1) The chairperson is responsible for presiding over
committee meetings and guiding the committee in performing its
functions This responsibility includes maintaining proper
decorum, preventing disturbance or interruption of the committee in
their duties, and preventing improper conduct or statements on the
part of other members of The committee
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97R023 ATTACHMENT 2
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(b) The primary duty of the chairperson is to recognize
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appellants and/or their representatives for the purpose of permitting them
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to present testimony that will form the basis of their appeals The
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chairperson is required to see that all persons who are entitled to be
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recognized are given a reasonable opportunity for presentation of their
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business or testimony The chairperson also is given the authority to
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ensure that evidence presented is relevant to the appeal The secretary
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shall ensure that the minutes of committee hearings shall be recorded
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The following procedures are recommendations for the conduct of the
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Municipal Code Appeals Committee
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2 Procedures for Committee Hearings
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(a) Chairperson shall call the meeting to order
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(b) The Secretary shall take a roll call
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(c) Chairperson shall entertain a motion regarding the
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Secretary's Report
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(d) Chairperson shall ask it there are any corrections to the
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minutes of any previous meeting being submitted for approval If not, ask
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for a motion for approval
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(e) Chairperson shall call for appeals to be heard as they
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appear in order on the agenda
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(f) Chairperson shall call for the appellant or their
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representative to approach the lectern and to state their name and
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address The Chairperson shall allow the appellant or their
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97R023 II
ATTACHMENT 2
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representative to state the basis for their appeal and then proceed as
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follows
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. (1) If neither the appellant nor their representative is
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present, then the committee shall proceed with the hearing as
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detailed below When voting on motions concerning absentee
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appellants, the committee may base their decisions solely on the
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appellant's written appeal as presented to the City Clerk
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(g) Chairperson shall call for appellant to state the basis of their
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appeal, including any relevant testimony, evidence or witnesses, (relaxed
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rules of evidence shall apply) as provided by the California Code of
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Adnrimistrative Procedures )
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(h) Chairperson may call for a staff report detailing the
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violation(s) in question
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• (i) If necessary, any member of the committee may question
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staff or the appellant or hisiher representative No oath shall be required
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(j) When appropriate during the appellant's testimony, any
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member of the committee may question the appellant, their counsel, any
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witness, or staff
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(k) At any time during the appellant's testimony, or after the
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presentation when it appears that all facts and circumstances relating to
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the appeal have been considered, committee may make motions to grant
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or deny the appeal, or to continue the case until a further date Every
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97R023 ATTACHMENT 2
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motion must be seconded and the record should indicate who made and
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seconded the motion
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(1) Applications to continue any hearing shall be subject
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to the discretion of the committee
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(I) When considenng appeals, the committee may refer
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to the guidelines set out in Exhibit "A "
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(1) When considering whether to grant amnesty or
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an extended period of compliance, the committee shall state
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for the record what factors included in the guidelines
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attached as Exhibit "A" hereto were considered by the
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committee
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(m) Chairperson will then ask if the committee desires any
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discussion If they do, chairperson will allow discussion to take place If
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no discussion is desired, or upon completion of discussion, the
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chairperson shall then call for a vote
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(n) Chairperson will then declare the vote •
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(1 )
In order for a motion to grant an appeal to pass, it
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must be approved by a majority vote
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(2) If a motion to grant an appeal does not pass by
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majority vote, then the motion fails and the appeal is denied
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(a) After all appeals have been heard, the chairperson shall
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allow public participation
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9TRO2i EDWARD M WOLKOWITZ
BY
Mayor Albert Vera, Vice Mayor
ATTEST
To 07
TOM CRUNK,
City Clerk
APPROVED AS TO FORM
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ATTACHMENT 2
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(p)
Chairperson may then call for any other business from staff
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or the committee, e g, known) the next hearing date
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(q) Chairperson may then adjourn the heanng after all the
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business of the committee is concluded
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APPROVED and ADOPTED this
24th day of March , 1997
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97R023 . I
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EXHIBIT W
ATTACHMENT 2
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GUIDELINES FOR GRANTING AMNESTY OR A CONTINUANCE
OF COMPLIANCE WITH AN ORDER TO COMPLY REGARDING
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ILLEGAL PROPERTY CONVERSIONS
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1 The Committee shall consider the following factors when
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considering whether to grant amnesty or an extended period of compliance to correct
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Code violations
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(a) Aqqravatincior mitiqatina circumstances surroundinq the
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violation in auestion
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Factors to consider may be previous violations relating to
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the property in question or by the appellant, the length of time of
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existence of the violation(s), and the severity of the violation(s),
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etc
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(b) Culpability of appellant
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The Committee may consider whether the appellant is
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personally responsible for the violation Appellant may present
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evidence that he/she acquired the property with the violation(s)
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existing In determining whether appellant had knowledge of the
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violation the committee may consider documents relating to the
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purchase of the property For example, if when the appellant
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acquired the property, the violation, e g, building conversion, or
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addition, was a factor in determining the purchase value of the
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property, then the committee may presume that the appellant knew
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9 7R02 3 ATTACHMENT 2
of the violating condition of the property when acquiring the
property
(G)
Effect of violation on neighboring properties
Committee may consider neighbor's
complaints or impact of the violation on surrounding
properties as factors when determining what if any
relief shall be provided
(d) Economic hardship of appellant if forced to comply
In order to present a claim of economic
hardship an actual showing of financial incapacity to
remedy the code violation within the designated
period is required This showing cannot be based on
appellant's oral declaration alone A written
declaration of the costs for remedial work and the
financial condition of the appellant must be presented
to prove an economic hardship
(e) Miscellaneous circumstances
The Committee may consider any other
relevant factors in their deliberations and shall state
them on the record of the proceeding if they have a
basis for the final decision
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97R023 ATTACHMENT 3
MINUTES OF
MAY 16,2012
MUNICIPAL CODE APPEALS COMMITTEE
10:05 A.M.
CULVER CITY, CA
CALL TO ORDER
Committee Chairman called the Municipal Code Appeals Committee to order at 10:05 a.m.
ROLL CALL
PRESENT: Martin Cole, Assistant City Manager, Chairman
Sol Blumenfeld, Community Development Director
Mike Bowden, Fire Marshall, Fire Prevention
STAFF: Lisa Vidra, Deputy City Attorney
Sharon Guidry, Enforcement Services Manager
Marian Aspnes, Code Enforcement Officer
Josh Williams, Associate Planner
SECRETARY REPORT:
A motion was made, seconded and passed imanimously to receive and file the Secretary's Report regarding the
posting of the Agenda for this meeting.
APPROVAL OF MINUTES
A Motion was made, seconded and passed unanimously to approve the minutes of April 18, 2012.
DISCUSSION ITEM
Continuation of Appeal
ITEM 4A
Sabrina Jon es
4168 Baldwin Avenue
Culver City, California 90232
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1 ATTACHMENT 3
The meeting was called to order by Chairman Cole.
Ms. Guidry gave an overview of the October 18, 2011 Municipal Codes Appeals Committee Hearing_ The
Committee continued the October 18th hearing until today to allow time for a life safety inspection of the
converted garage by the City's Fire and Building and Safety Divisions as well as for the Appellant to select and
submit plans for one of the four compliance options provided by the Planning Division. The appellant
completed the requirements for the life safety inspection and submitted plans to the Planning Division for
review_ The Committee is meeting today to decide whether to grant a period of deferred compliance or deny the
request.
Chairman Cole stated that the Committee was provided with two options that the Appellant chose, and t the question
today is whether or not to grant deferred compliance and for what length of time.
Member Bowden asked if there was a recommendation from staff.
Ms. Guidry stated that staff does not have issue with any of the four options provided by the Planning Division because
they are all consistent with the City Code. Staff believes that it would be reasonable for the Committee to consider a time
frame based on the circumstances of Ms. Jones and her family to bring the property into compliance and consider deferred
compliance for that length of time as opposed to allowing the condition to continue until such time as the property sells or
transfers.
Ms. Sabrina Jones, Appellant, addressed. the Committee and stated that she would like at least one year to
comply; however the carport would be constructed as soon as possible. She requested the additional time in
order to finish her education program and to also be able to have time for all of her son's activities. She said she
will complete her college program in August of this year.
Mrs. Shamsi Espana, Ms. Jones' sister and also co-owner of the property, addressed the committee. She
expressed her financial concerns stating that she is a Special Education teacher who will be encountering 5
furlough days this year. Her husband is a Special Ed Assistant and is not paid during the summer months.
They have four children, so relying on one income until September would have a great financial impact.
Chairman Cole asked Mrs. Espana if she would be open to a year's time as proposed by her sister.
Mrs. Espana answered that she would be open to a year's time.
Member Blumenfeld asked if she has prepared a cost estimate for the work.
Mrs. Espana stated that they have not prepared a cost estimate and will be obtaining three or four quotes for the
work to be performed.
Member Blumenfeld requested Mr. Josh Williams, Associate Planner, to present the two options chosen by the
Appellant.
Mr. Williams presented Option A and Option B. Option A includes the removal of the stove and the removal of
13
2 ATTACHMENT 3
the refrigerator with all kitchen cabinetry and counter tops remaining in the kitchen. Option B proposed the
removal of the stove, the refrigerator, and also the kitchen sink. Both options require any gas lines to be capped.
The major difference between Option A & B is that the kitchen sink remains in one and is removed in the other.
Neither option presents removal of the kitchen cabinets.
Member Blumenfeld moved that the Committee accept the full removal of the kitchen as proposed in Option B
with removal of the sink, including the plumbing, as well as removal or capping of the gas line. The deferred
compliance would be granted until the end of November, 2012. This timeframe would also include construction
of the carport
Member Blumenfeld clarified that even though a sink may be permitted in an accessory building the fact that
this has been a unit makes it problematic and creates a predestined code enforcement problem. He further
stated that the time table of November gives the applicant six more months to comply as opposed to the year
only because this situation has been going on for a long time already.
Mrs. Espana addressed the Committee. She stated that it would be a financial struggle to meet the November,
2012 tiraeframe. Additionally, keeping the cabinets would increase the value of that space and she would like
to request that the cabinets remain.
Ms. Guidry added that consideration for economic hardship as a reason for deferral would require
documentation showing financial hardship. This had been discussed with Ms. Jones on previous occasions. Mrs_
Espana stated that her previous taxes may not show what is current and that she has not completed her current
taxes.
Ms, Vidra clarified that the documentation does not need to be tax returns, but a written declaration showing the
cost of the remedial work and their financial condition.
Member Blumenfeld reiterated his motion and stated that 6 months should be reasonable. From the City's
perspective, to abate conditions and then to go after them is not a good use of Code Enforcement resources_
Eliminating the sinkis critical as it is a precursor to creating another unit in that space.
Chairman Cole asked whether the proposed option included the removal of the cabinetry.
Member Blumenfeld stated that anything that can be done to remove the propensity to create an additional unit
should be completed. He continued by stating that the problem is this space is a kitchen and if the owners sell
this property in this condition, a future owner is going to move a stove and a microwave in and put in a sink and
the City is going to be back abating this condition. The Committee's charge is to try and abate the condition
and try to provide some latitude to the owner. He said the Committee has given the Appellant a huge amount of
time to defer compliance to accommodate a school schedule and even their financial schedule by allowing them
another 6 months. He believes the Committee is reasonably accommodating them and will still meet the city's
objectives.
Ms. Guidry offered to show a photo of the kitchen as a visual_
14
3 ATTACHMENT 3
Member Blumenfeld viewed the photo and indicated that it shows a full kitchen and if the sink and stove are
removed, in effect there would still be a kitchen space. And that it would be likely that somebody would buy it
and reconvert it back to an illegal unit at some point and the city does not have the resources to keep doing this.
Every hearing is costly. Member Blumenfeld recommended proceeding with his motion. .
Mrs. Espana asked for clarification regarding an accessory unit.
Ms. Guidry reviewed the details to bring an accessory dwelling unit into compliance.
Ms. Jones voiced her concern regarding the disposal of the cabinets. The intention of the cabinets is to have
extra storage space and that having them removed would not be saving an resources and there would be
additional costs to have them removed.
Ms. Guidry expanded on Member Blumenfeld' s comment on predestined code enforcement issues stating a
theory called CPTED (Community Policing Through Environmental Design). CPTED theory is well
documented and. published that when certain conditions are allowed through design standards it is more likely
that the condition can. and will be easily turned into a code enforcement violation.
Member Blumenfeld suggested that the counter tops can be used elsewhere or within the rest of the structure.
Or the owner could sell them.
Member Bowden asked if the other options are still available for the owner to increase the square-footage and
keep the kitchen and have it as a legal second unit.
Member Blumenfeld explained that those options were available when it became a code enforcement action.
The owner opted not to do that.
Chairman Cole entertained the motion on the floor.
A MOTION WAS MADE BY MEMBER BLLTMENFELD, SECONDED BY MEMBER MCCORMICK AND
PASSED UNANIMOUSLY AS FOLLOWS:
THE MOTION INCLUDES OPTION B AND THAT A DEFERRED COMPLIANCE PERIOD IS GRANTED
TO THE END OF NOVEMBER 2012 TO COMPLEIE THE WORK WHICH INCLUDES THE CARPORT
AND THE WORK CONSIDERED IN OPTION B AND THE REMOVAL OF THE CABINETRY AND THE
SINK, PLUS ALL OTHER ITEMS REQUIRED TO BE REMOVED IN OPTION B.
Chairman Cole suggested a second motion.
A SECOND MOTION WAS MADE BY CHAIRMAN COLE, SECONDED BY MEMBER BOWDEN AND
PASSED UNANIMOUSLY AS FOLLOWS:
IN THE CASE THAT DEFERRED COMPLIANCE IS NOT ACHIEVED BY THE END OF NOVEMBER IN
ACCORDANCE WITH THE FIRST MOTION THAT WAS PROVIDED THAT STAFF MAY CONTINUE
WITH ENFORCEMENT WITHOUT RETURNING TO THIS COMMITTEE.
15
4 ATTACHMENT 3
AUDIENCE PARTICIPATION
There was no audience participation.
ADJOURNMENT
A MOTION WAS MADE BY CHAIRMAN COLE, SECONDED BY MEMBER BLUMENFELD AND
PASSED UNANIMOUSLY THAT THIS MEETING BE ADJOURNED AT 10:50 AM.
16
5 ATTACHMENT 4
§ *17.400.1000 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.
2. Allowable heights. The maximum allowable heights of residential accessory structures are specified in Table
4-4 (Maximum Heights for Residential Accessory Structures) below.
Table 4-4
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 feet
Low Density Multiple-Residential (RLD), Medium Density
Multiple-Residential (RIVfD) and High Density Multiple-Residential
(RHD) Zoning Districts. 30 feet
3. Allowable setbacks.
a. The structure shall have a setback of at least 2 feet from every perimeter property line, except that the setback
shall be the same as that 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 Subsection 17.320.035.N. (Special Parking Requirements for Residential
Uses).
c. Exceptions. The following structures are exempt from the accessory structure setback requirements.
17 ATTACHMENT 4
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.
(Ord. No. 2005-007 § 1 (part))
18 Sol Blumenfeld
Community Development Director
CITY OF CULVER CITY
9770 Culver Boulevard, Culver City, Cafifornia 9027
ENFORCEMENT SERVICES DIVISION
ATTACHMENT 5
310 253-5940
310 253-5824 Fax
May 17, 2012
Shamshi Espana
1243 12
th
St 47
Santa Monica, California 90401
RE: Decision of the Municipal Code Appeals Committee
4168 Baldwin Avenue, Culver City, CA
Dear Mrs. Espana .
Thank you for attending the meeting of the Municipal Code Appeals Committee held on
May 16, 2012 at Culver City City Hall regarding the above referenced property. The
Committee granted a period of deferred compliance for the unperrnitte,clgarage
conversion until November 30, 2012 with the following conditions:
The Appellant is required to fulfdl the following requirements:
• Submit plans for approval of selected option Accessory Residential Stricture-
Plan to include construction of required covered parking spaces and removal of
kitchen.
• Obtain required building, electrical, plumbing, and mechanical permits for
required work,
• Remove kitchen sink, stove, refrigerator, and kitchen cabinets_
• Cap or remove kitchen plornbing and gas lines in accordance with Building
Division standards.
• Complete all above requirements including demolition, construction, and final
inspections by November 30, 2012.
Should you desire to appeal the decision of the MCAC, you may do so by filing a Notice
of Appeal with the City Clerk no later than May 28, 2012.
If I can be of any further assistance to you, please don't hesitate to contact me at 310-
253-5940. City Hall is open Monday through Friday 7:30 a.m. — 5:30 pm. City Hall is
closed alternating Fridays.
Sin
baron mdry, Manager
Enforcement Services
19
Culver City Employees take pride in effeavftly providing the highest levels of service to enrich the quality cf life for the community by building on
our tradition of tante than seventyftvelears of public sarvic, by Our present commitment and by our dedicaCion to meet the challenges of the
future.
PRNITEIDON RECYCLED ATTACHMENT 6
5-25-12
To Whom it May Concern,
We have received your letter providing LIS with requirements from the City for
4168 Baldwin Ave. We are agreeable to all oft* requirements, except -for
one which we are appealing- The city has stated in the letter thet we must
remove the kitchen sink, stove: refrigerator, and kitchen cabinets. We will be
removing the kitchen sink, stove and refrigerator. However we would like to
keep (and the law entitles us to keep) the cabinets as storage. We were
informed over the- past 8 months by the planning division that in an "accessory
structure," such as the one we have, we are permitted to have storage space.
Substantial sums have been spent on the kitchen cabinets (real wood) -and
granite counter tops, which should be considered permissible storage
Space:. Not only would we have to spend money to remove the •
storage cabinets but the cabinets and Counters will net be able to be reused
economically and will be wasted 'thereby Creating more waste and pollution for
no reason. Of course we are moving forward to =imply with capping the gas
and removing stove, refrigerator, and sink. in place of the stove we will build
some type of shehres or create something so that there could be more storage
space available to create a flush look. The aaainetiistorage have already been
installed and they are legal in aperrnitted accessory unit, and their removal
would create unnecessary hardship, watte, and Pollution.
During our meeting on May 16, 2012 there was a concern that having the
cabinets Could lead to someone recreating the same situation. I would
propose the flip side is that this soon to be permitted accessory will serve the
purpose it is intended tO Serve simply as an .aCcessoty withextra space and
shelving. It's fair to say that none of us have conirel OF know what the future will
bring. As I understand the situation, a future ovmer could pot the same
cabinetsIsterage into the unit after it is removed and not be in violation of any
laws. We urge you to please consider the intention of what this space is being
permitted for, to acknowledge -that we are safely in the guidelines of what's
allowed in an accessory, and to trust that the integrity of this space will be kept
We have always responded to your letters, cans, request requirements, your
meetings, and complied to your deadlines. We have shown throughout this
process constant communication ; cooperation, and good faith. Please know
ifs our intention to bring these matters to completion and to abide by the City's
permits. You may contact me directly at (310) 433-9885 if needed. Thank you!
Sincerely,
Sabrina Jones
20 ATTACHMENT 7
21 ATTACHMENT 8
w§ 017.700.010 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 pthriary 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.
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.
22 ATTACHMENT 8
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 that 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, and that is not intended for general traffic circulation.
Allowed Use. A use of land identified by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific
Standards) as a permitted or conditional use that may be established with a 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.
I. Animal Boarding and Kennels. Public or commercial facilities for the keeping, bearding, or maintaining of
common household pets for commercial purposes, except for dogs or cats offered for sale in pet shops.
2. 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.
3. Pet Shops. Retail stores selling or offering for adoption birds, oats, 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.
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. Soffit, column, wing wall, canopy, roof cave, balcony, bell tower, spires, clock tower,
cupolas, turrets, and any other similar element that does not create an interior floor space.
Arterial Street. Arterial streets include primary and secondary arterial streets. Primary arterial streets are major
cross-town thoroughfares. Secondary arterial streets connect primary arterial streets to smaller streets and
residential neighborhoods. Primary and secondary arterial streets art defined in the General Plan Circulation
Element.
23 ATTACHMENT 8
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.
/. 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
§ 17.400.025 (Automatic Teller Machines).
Awning. A permanent or temporal,/ structure attached te, and wholly supported by, a wall or a building,
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.
B. Definitions, '`B".
Banks and Financial Services. Financial institutions including:
Banks and trust companies;
Credit unions;
Lending and thrift institutions;
Securities/commodity contract brokers and dealers;
Credit agencies;
Holding (but not primarily operating) companies;
Other investment companies
Security and commodity exchanges;
Does not include check-cashing or payday-loan facilities. Vehicle finance (equity) leasing agencies.
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, playroom, sewing room, study, or other room that could, under the
Building Code of the 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.
Blank Wall. Any wall that is not enhanced by architectural detailing, artwork, landscaping, windows, doors, or
similar features. Solid and mechanical doors and glass with less than 80% transparency are considered blank
wall areas.
Building. See "Structure."
24 ATTACHMENT 8
Business Frontage. The portion of a building occupied by a single business tenant, which 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 (Cal. Pub. Res. Code §§ 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 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.
25 ATTACHMENT 8
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 ftill-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.
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 siitilar organizations;
Political organizations;
Professional membership organizations;
Other membership organizations.
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
26 ATTACHMENT 8
any accessory use of the premises. For purposes of this definition, Amusement Device means any mechanical
or electronic game, machine or equipment played or used for amusement, which, when so played or used,
involves skill, is activated by coin, token or key, or for which the player or user pays money for the privilege of
playing or using. Three or fewer 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 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 dubs. 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 Cal. Civil Code § 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, "Ir.
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.
Development Agreement. A contract between the City and an applicant for a development project, in
compliance with Chapter 17.590 of this Title and Cal_ Gov't Code §§ 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, and the like. 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.
27 ATTACHMENT 8
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.
I. 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, and the like). 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.
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 Cal. Gov't Code §§ 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.
28 ATTACHMENT 8
Health/fitness Facilities. Fitness centers, gymnasiums; health and athletic dubs, 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 primaty 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, and the like. 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.
I. Del- millions, "I".
Internet Cafe. 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 "T" 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".
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.
Landscaping.
I. Hardscape. Constructed landscape elements, including items such as colored or textured concrete pavers,
wood decks, rockwork, masonry planters, wood box planters, water features, walls and fences.
2. Hardscape Areas. Areas including patios, decks, walkways and paving.
3. 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_
4. 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).
5. Landscaped Area. The open space area (entire parcel less the building footprint, driveway, and parking area)
developed with ornamental plant material, and bardscape. Water features are included in the calculation of the
landscaped area_
29 ATTACHMENT 8
6. Landscaping. Ornamental live plant materials (trees, shrubs, vines, groundcover or turf) in containers or at
grade and decorative hardscape areas.
7. Overspray. Water delivered beyond the landscaped areas.
8. Parkway. Land area between Street curb and sidewalk.
9. Plant Materials. Trees, shrubs, vines ground cover, turf or any other ornamental live plants.
10. Planted Area. Areas including live ornamental plant materials installed within open space landscaped
areas.
11. Runoff. Water that is not absorbed by the planted area 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.
12. Street Trees. Trees planted within a public street right-of-way.
13. Turf. A single-bladed grass or sod.
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; industiial laundries; carpet and upholstery cleaners. Does not include laundromats or dry
cleaning pick-up stores with limited dry cleaning equipnient; see "Personal Services."
Libraries and Museums. Public or quasi-public facilities, including aquariurns, 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.
30 ATTACHMENT 8
Figure 7-1
Eap1es of 1_?t ,T .w
Lot Area.
1. Gross Lot Area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street
rights-of-way.
2. 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.
31 ATTACHMENT 8
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.
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,"
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, allcalines, 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.
32 ATTACHMENT 8
2, Construction Materials Manufacturing. Manufacturing, processing, and sales involving concrete, plaster,
lumber, paving and roofing materials as defined below.
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 assetnbly.
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 components and accessories, and semiconductors, integrated circuits, related devices;
Electronic instruments, components and equipment such as calculators and computers;
Electronic transmission and distribution equipment;
Electrical welding apparatus;
Industrial apparatus;
Industrial controls;
Instruments for measurement, testing, analysis and control, associated sensors and accessories;
Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
33 ATTACHMENT 8
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;
Transformers, switch gears and switchboards.
Does not include testing laboratories (soils, materials testing, and the like) (see "Business Support Services") or
research and development facilities separate from manufacturing (see "Research and Development").
4. Fabric Product Manufacturing. Manufacturing facilities 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 felt goods, lace goods, non-woven fabrics and miscellaneous textiles;
Manufacture of knit apparel and other finished products from yarn;
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 facilities producing or processing foods and beverages
for human consumption, and certain related products. Includes:
Bakeries (non-retail);
Bottling plants;
Breweries;
34 ATTACHMENT 8
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 facilities: 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.
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, and the like.
10.
Small-scale Products Manufacturing. Manufacturing facilities not classified in another major
manufacturing group, including: musical instruments; toys; sporting and athletic goods; pens, pencils, and other
35 ATTACHMENT 8
office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other
miscellaneous products.
11. Stone, Clay and Pottery Products Manufacturing. Manufacturing facilities 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
Indushies" 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.
Indcior Support Facilities. Administrative and technical production support facilities, including
administrative and production offices, post-production facilities (editing and sound recording studios, foley
stages, and the like.), special effects and optical effects units, film laboratories, and the like.
3. Soundstages. Warehouse-type
facilities providing space for the construction and use of indoor sets, including
supporting workshops and craft shops. Does not include facilities using live audiences.
Medical Services.
1. Offices/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.
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.
Facilities 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, including:
Blacksmith and welding shops;
Machine shops and boiler shops;
Sheet metal shops.
Mixed Use Project. Any development that contains a combination of residential and non-residential uses
within one building, or an integrated group of buildings on one development site.
Mobile Home. A trailer, transportable in one or more sections, certified under the National Manufactured
Housing Construction and Safety Standards Act of 1974, over 8 feet in width and 40 feet in length, with or
without a permanent foundation. Does not include recreational vehicle, commercial coach or factory-built
36 ATTACHMENT 8
housing. A mobile home on a permanent foundation is included under the definition of "Single-Family
Dwellings".
Mobile Home Park. Any site 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 multiple-family
housing; and common interest development (such as condominiums).
N. Definitions, "N".
Nonconforming 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.
Nonconforming -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.
0. Definitions, "0".
Offices. This Title distinguishes between the following types of office facilities. These do not include: medical
offices (see "Medical Services - Offices/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;
37 ATTACHMENT 8
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.
Ornamental Feature. A statue, fountain, sculpture or any other similar freestanding decorative element that
does not provide shelter and is not a sign, and which serves an aesthetic purpose.
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 priinary use. (All primary uses are considered
to include any customer or public use off-street parking required by this 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:
38 ATTACHMENT 8
Clothing rental;
Dry cleaning pick-up stores with limited equipment;
Hair, nail, facial, and personal care;
Laundromats (self-service laundries);
Massage therapy (licensed therapeutic);
Psychics;
Shoe repair shops;
Tailors;
Tanning Salons;
Tattoo Parlors.
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 Cal. Gov't Code § 65101, referred to throughout this Title as the "Commission".
Porte Cechere. 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 oceur
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.
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 Cal. Gov't Code §
53091:
Electrical substations and switching stations;
39 ATTACHMENT 8
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, whieh include the
following types of facilities:
I. Incidental Small Collection Recycling Facility. A use incidental to a primary use of property, established
for the acceptance of recyclable materials from the public, and 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 that 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 involves no permanent structures. Small collection recycling facilities may
include the following as defined in this Chapter:
a. One or more bulk reverse vending machines;
13, A mobile unit;
c_ Kiosk-type units.
3.
Large Collection Recycling Facility. A collection facility larger than 1,200 square feet that 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 intended for remanufacture or
reconstitution for reuse in an altered or renewed form_ Refuse or materials deemed hazardous by the Culver City
Fire Chief are expressly excluded from this definition.
40 ATTACHMENT 8
5. Reverse Vending Machine. An automated mechanical device that 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 larger than 50 square feet, designed to accept
more than one container at a time, that 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,
which 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 - Offices/Clinics").
'Residential Care Facility. Facilities providing 24-hour Jesidential, 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. .
Retail.
I. 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, and the like.
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.
S. 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:
41 Appliances;
Antiques;
Art gallery;
Artists' supplies;
Bakeries (retail only);
Bicycles;
Books;
Cameras and photographic supplies;
Clothing and accessories;
Collectable items sales;
Computer and computer equipment;
Consumer electronics;
Curio, gift and souvenir shops;
Department stores;
Drug and discount stores;
Dry goods;
Fabrics and sewing supplies;
ATTACHMENT 8
Florists and houseplant stores (indoor);
Furniture and home furnishing;
Grocery stores;
Hardware;
Hobby materials;
Jewelry;
Luggage and leather goods;
Musical instruments, parts and accessories;
Newstands;
Orthopedic supplies;
Religious goods;
Small wares;
Specially 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. Secondhand 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?'
8. Shopping Corder. 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, "5".
Schools. Public and private educational institutions, including:
Boarding schools;
High schools;
Business, secretarial, and vocational schools;
Military academies;
Colleges and universities;
Professional schools (law, medicine, and the like);
Elementary, middle, and junior high schools;
Seminaries/religious ministry training facilities.
42 ATTACHMENT 8
Also includes speciali7ed 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, and the like" for smaller-scale facilities offering specialized
instruction.
Senior Citizen Congregate Care Blousing. 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 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 results in the nighttime perception of a halo around the
silhouette of each sip character.
4. 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.
5. Canopy Sign. A sign displayed on an awning or a canopy .
6. Changeable Copy Sign. A sip 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.
43 ATTACHMENT 8
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 displayed on, and totally supported by, one or more support elements on the
ground, with no part of the sign attached to a building or similar structure.
14. Holiday Sign. A temporary sign or display 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 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 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 sip that indicates the availability of land or buildings for sal; 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, 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.
44 ATTACHMENT 8
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, made of durable cloth, plastic or similar non-rigid material, that displays
a business identification, advertising or promotional message, and 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 fmished 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.
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 (Ul3C), 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 chunpster enclosures, and the like) and architectural features (e.g., chinuaeys,
balconies, decks above the first floor, porches, stairs, and the like). 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 fimd-raising 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.
45 ATTACHMENT 8
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.
Street Wall. The wall of a building facing the street or near the property line. The street wall may include
arcades, colonnades, recessed pedestrian entrances, decorative stairs, public art, and other features deemed
pedestrian-oriented.
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 requites attachment to the ground or attachment to
something located on the ground. For the purposes of this Title, the term "structure" includes "buildings."
Studios for Art, Dance, Music, Photography, and the like. 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 Cal. Civil
Code § 1351: a condominium project, a community apartnaent project, or the conversion of five OT more
existing dwelling units to a stock cooperative.
Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Gov't Code, commencing with §
66410 as presently constituted, and any amendments to those provisions.
Subterranean Parking. A parking area predominantly underneath a building.
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 that may be
mounted on a vertical support structure.
2. Building- or Roof-mounted Antenna. An antenna mounted on the side or top of a building or another
structure (e.g., water tank, billboard, church steeple, freestanding sign, and the like), where the entire weight of
the antenna is supported by the building, through the use of an approved framework or other structural system
attached to one or more structural members of the roof or walls of the building.
46 ATTACHMENT 8
3. Cellular. An analog or digital wireless communication technology 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 functionally integrated into a communication system, 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.
6. Dish Antenna. A parabolic, dish-like antenna. that 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
freestanding, affixed directly on or in the ground by a foundation, 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 that 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 that permits substantially unobstructed line
of sight with geosyuchronous 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, 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 staged outdoors and providing 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,
and the like.
Triplex. Attached residential structure under single ownership containing three dwellings.
47 ATTACHMENT 8
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 is not limited to, the
following categories.
I. 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, and the like.
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") or bicycle
and moped sales (see "Retail - General Retail Stores").
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 (Temporary Use, Special Event
and Temporary Event 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/Rep 'air"), the storage or
repair of wrecked or abandoned vehicles, vehicle painting, body or fender work (see "Vehicle Sales and
Services - Body/Paint"), or the rental of vehicle storage or parking spaces. A convenience store (see "Retail -
Convenience Store") on the same site as a fueling station is considered a separate land use, and is separately
defined.
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.
48 ATTACHMENT 8
9.
Mobile Home and Recreational Vehicle Saks. 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. 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 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").
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.
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 has the effect of partially or entirely "fencing" an outdoor area.
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 § 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.
2. Rear Yard. An area extending the full width of the lot between a rear lot line and the required setback.
49 ATTACHMENT 8
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 Code. The Culver City Zoning Code, Title 17 of the Culver City Municipal Code, referred to herein as
"this Title".
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, and the like).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2006-009 § 21)
50 ATTACHMENT 9
§ 017A00.0950 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 one half 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 RI, R2 and R3 Zones.
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 init 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 tandemparking 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.
L 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.
51 ATTACHMENT 9
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. To encourage design compatible with existing structures on-site and to
protect the privacy of adjacent properties, specific design standards 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.
(Ord. No. 2005-007 § I (pait))
52