ORDINANCE NO. 940 AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD, APPROVING ZONE TEXT AMENDMENT 2014-001 TO FIX TYPOGRAPHICAL ERRORS, CLARIFY CERTAIN EXISTING LANGUAGE AND TO ALLOW FOR COTTAGE FOOD OPERATIONS IN RESIDENTIAL ZONES. The City Council of the City of West Hollywood does hereby ordain as follows: The City Council of the City of West Hollywood hereby finds, resolves, and orders as follows: SECTION 1. The City of West Hollywood initiated amendments to the Zoning Ordinance, Article 19 of the Municipal Code, to fix typographical errors, clarify certain existing policies and implement simple changes in state law. SECTION 2. A public hearing was duly noticed and held at the Planning Commission meeting of Thursday, March 20, 2014. The Planning Commission reviewed the staff report, considered all pertinent testimony, and unanimously recommended approval of Zone Text Amendment 2014-001 to the City Council with Resolution No. PC 14-1079. SECTION 3. The City Council of the City of West Hollywood properly reviewed and considered this matter at a public hearing on June 23, 2014. Public notice of the hearing was advertised by publication in the Beverly Press newspaper on June 12, 2014; and by mailing to owners of affected properties, required state and local agencies, and West Hollywood neighborhood groups on June 13, 2014. SECTION 4. This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061. This section of CEQA states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This project qualifies for this exemption because each revision simply clarifies existing Municipal Code policy and therefore has no potential for causing a significant effect on the environment. Additionally, some items within this project are categorically exempt under Section 15305, which exempts minor alterations in land use limitations which do not result in any change in land use or density. Further, some items are exempt under Section 15302, which states that reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are exempt. Several of the proposed text changes to the WHMC modify the permit process and submission requirements for single family home and duplex remodel projects. The text changes do not modify the total number of units permitted on a parcel, nor the size, scale, height, or density of the structures permitted in the WHMC. The construction or conversion of single family homes and duplexes are categorically exempt under section 15303 of California Environmental Quality Act (CEQA). Because the legislature has
Page 2 of 13 determined that the underlying projects (single family homes and duplexes) pertaining to the text changes do not have the potential to create significant environmental impacts, changes to the administrative permit process for single family homes and duplexes also do not have the potential to create significant environment impacts, as discussed in section 15061(b)(3) of CEQA. The proposed text change related to Cottage Food Operation is exempt under Section 15301 states that operation, repair, maintenance, permitting, leasing, licensing or minor alterations of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination are exempt. Cottage Food Operations do not create additional impacts because they are limited to a designated area within the existing home, cannot have more than one employee, and are subject to all other existing limitations for home-based businesses. SECTION 5. The West Hollywood City Council hereby finds that Zone Text Amendment 2014-001 is consistent with the Goals and Policies of the General Plan, specifically Policy Goal LU-1 which states that the City should Maintain an urban form and land use pattern that enhances quality of life and meets the community s vision for its future. The text changes in this amendment will create a more orderly and correct zoning ordinance, which is necessary to meet this goal. SECTION 6. The following row of Table 2-2 of Section 19.06.030 of Chapter 19.06 of Title 19 of PERMIT REQUIRED BY ZONE Specific LAND USE 2 R1 R2 R3 R4 Regulations Legalization of illegal dwelling units P1 P1 P1 P1 19.36.270 Use SECTION 7. Section 19.06.070 of Chapter 19.06 of Title 19 of the West The aggregated maximum average size of all dwelling units within a new residential project shall be no greater than 1,500 square feet in the R3 district, and no greater than 1,200 square feet in the R4 district. The calculation of maximum average unit size shall not include any City required inclusionary units. This provision shall apply only if all existing dwelling units on the site are demolished and new dwelling units are constructed. SECTION 8. Section 19.06.080 of Chapter 19.06 of Title 19 of the West All new residential projects in the R3 and R4 zoning districts shall be built to a minimum of 90% of the density allowed by the zoning district. Notwithstanding the provisions of Section 19.22.040(A), if the maximum allowable density allows 11 units, an on-site inclusionary unit shall be incorporated into a project consisting of 10 units. This
Page 3 of 13 provision shall apply only if all existing dwelling units on the site are demolished and new dwelling units are constructed. SECTION 9. Subsection C of Section G-08.060 of Chapter G-08 of Title 19 of the West C. Height Limits on Hedges. Hedge heights shall be in compliance to guidelines set out in Section 19.20.050. SECTION 10. The following rows of Table 2-5 and the explanatory notes at the end of the table of Section 19.10.030 of Chapter 19.10 of Title 19 of the West Hollywood Municipal Code are amended to read as follows: PERMIT REQUIRED BY ZONE Specific Use LAND USE 2 CN CC/SSP CA CR PDCSP PF 3 Regulations Pet shops P 1, 16 P 1, 16 P 1, 16 P1, 16 Firearm sales CUP CUP CUP 19.36.134 Notes: (1) Zone clearance or development permit may be required; see Chapters 19.42 and 19.48. (2) See Section 19.03.020(E) regarding uses not listed. See Article 19-6 for definitions of the listed uses. (3) See Municipal Code Chapter 11.12 regarding uses in public parks. (4) Accessory to a restaurant, coffee house and live theater. Night clubs and bars are listed separately. (5) Use prohibited within city parks. (6) Ground floor office use not permitted in certain areas of the SSP district by the Sunset Specific Plan. (7) Use not allowed within the SSP (Sunset Specific Plan) district. (8) See Chapter 19.54 for requirements and procedures for Special Event Permits and Temporary Use Permits. (9) Allowed on San Vicente Boulevard only, except within the Sherbourne Triangle site. (10) Not allowed within the Sherbourne Triangle site. (11) See the Pacific Design Center Specific Plan for details.
Page 4 of 13 (12) Not allowed in the CN2 district or in the commercial-only overlay district. (13) Allowed only on properties with frontage on Santa Monica Boulevard, outside the commercial-only overlay district. (14) As part of a mixed-use development only. (15) A conditional use permit may be required if the city s demonstrated need has been met. See Section 19.36.125. (16) No pet shop shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City of West Hollywood. SECTION 11. Subsection C(1)b of Section 19.20.050 of Chapter 19.20 of Title 19 of b. Hedges. Hedges (and any supporting apparatus) are allowed with no restriction on height so long as the hedges do not block sightlines for drivers per Section 19.28.130.D or pedestrians as determined by the Director. The Director may require trimming, removal, or other modifications to the hedge as required to promote and protect the public health, safety, and welfare. SECTION 12. Subsection A of Section 19.20.060 of Chapter 19.20 of Title 19 of A. Green Building General Requirements. All new development, remodels, and tenant improvements shall comply with the following requirements of the West Hollywood Municipal Code, as applicable. Where this section references another portion of the Municipal Code, the applicability provisions of that section shall be used to determine applicability. This section is to be used in conjunction with the Green Building Standards of the California Code of Regulations Title 24, Part 11. Where conflicts in language may exist between this section and the California Code of Regulations, Title 24, Part 11, the more restrictive green building provision shall prevail. SECTION 13. Subsection C of Section 19.26.020 of Chapter 19.26 of Title 19 of C. Tree Removal. Removal of mature trees or the reduction of an existing landscaped area shall: 1. Not require a permit for trees in areas of duplexes and single-family dwellings that are not located within the front setback area; 2. Require a zone clearance in all other cases. SECTION 14. Subsection B(1) of Section 19.26.040 of Chapter 19.26 of Title 19 of
Page 5 of 13 1. Landscaping Outside Fences and Walls. Freestanding fences or walls that are adjacent to any public street or sidewalk shall be located to provide a landscaped area along the frontage between the fence or wall and the street. Landscaping outside of fences and walls for parking lots shall be in compliance with Section 19.28.100(B) (Parking area landscaping requirements). SECTION 15. Subsection C(1) of Section 19.26.040 of Chapter 19.26 of Title 19 of 1. Parkways. Proposed residential developments shall provide for the installation and maintenance of a parkway landscaping strip with a minimum width of three feet along the entire street frontage of the site between the sidewalk and the street curb, except when determined infeasible or undesirable by the Director of Public Works. See also Section 19.20.160 for sidewalk requirements. SECTION 16. Subsection C(2) of Section 19.26.040 of Chapter 19.26 of Title 19 of 2. Removal of Mature Trees. The following requirements apply only when a permit is required for tree removal by this chapter. a. Mature trees may only be removed if: (1) The tree poses a hazard. In order to verify that a hazard exists, the city may require a tree hazard assessment to be performed by a qualified arborist; or (2) The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure; or (3) The roots of the tree are causing damage to paved areas or sewer and plumbing lines; or (4) The tree has an incurable disease or pest infestation that cannot be eliminated. The city may require this condition to be verified by a qualified arborist. (5) The tree is out of keeping in character or form with a proposed comprehensive landscaping plan or with an otherwise cohesive existing landscaping. (6) The tree has been damaged to the point that it cannot recover and grow properly or that it will grow in a misshapen or unsightly manner. (7) The Director determines that the removal of the tree is necessary to carry out construction in compliance with approved plans. b. A mature tree that is removed shall be replaced with a species in a location that will grow to replace the removed tree without posing the hazards for which the tree was removed. c. The Director may allow trees to be replaced with other types of landscaping if the property includes other trees that provide shade such that additional trees are not necessary, or if a replacement tree would be out of character or form in conjunction with an approved comprehensive landscaping
Page 6 of 13 plan, or if in the opinion of the Director there is no suitable location on the property for a replacement tree. SECTION 17. Subsection H of Section 19.26.050 of Chapter 19.26 of Title 19 of H. Trees, shrubs, flowers, and other plants may be placed in a required yard. SECTION 18. Subsection B(4) of Section 19.28.040 of Chapter 19.28 of Title 19 of 4. When more than 50 percent of the floor area of a structure (other than a single-family dwelling or duplex) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter, except that if an unreinforced masonry building, constructed before 1933, is demolished, a new structure of equivalent size shall be required to provide only the number of parking spaces that existed before the demolition, if construction is begun within one year of demolition. SECTION 19. A new subsection F is added to Section 19.28.090 of Chapter 19.28 of Title 19 of the West Hollywood Municipal Code to read as follows: F. Non-residential parking in residential zones. Covered parking spaces may be required at the discretion of the review authority if necessary to mitigate impacts. SECTION 20. The following row in Table 3-11 of Section 19.34.030 of Chapter 19.34 of Title 19 of Sign Class Allowed Sign Types Maximum Number of Signs Maximum Sign Area Maximum Sign Height Location Requirements Lighting Allowed? Additional Requirements 6. Real estate signs See Section 19.34.050(F). SECTION 21. Subsection B(3) of Section 19.34.040 of Chapter 19.34 of Title 19 of 3. Signs shall not have blinking, flashing, or fluttering lights, or other illuminating devices that have a changing light intensity, brightness, or color, except for large screen video signs approved in compliance with Section 19.34.080(H), and creative signs approved in compliance with Section 19.34.060; SECTION 22. Subsection F(3)c of Section 19.34.080 of Chapter 19.34 of Title 19 of c. Permitted only in conjunction with new construction of at least 10,000 square feet or a substantial remodel, pursuant to Section 19.48.020(D) of this code.
Page 7 of 13 SECTION 23. Subsection D of Section 19.34.110 of Chapter 19.34 of Title 19 of D. Temporary Signs Limited by Size and Period of Display. The temporary signs listed in Section 19.34.050(F) (Temporary Signs) are exempt from sign permit requirements in compliance with Section 19.34.050(G). See Section 19.34.030 for permit requirements for temporary sales and promotional signs. SECTION 24. Section 19.34.120 of Chapter 19.34 of Title 19 of the West A sign, other than a designated historic sign, that advertises or otherwise identifies a business or activity that is no longer conducted on premises shall be removed by the owner or lessee of the premises within ninety days of the close of business, or the cessation of the identified activity. This section does not require the removal of a designated historic sign. SECTION 25. Subsection A of Section 19.36.140 of Chapter 19.36 of Title 19 of A. Limitations on Use. The following are examples of business activities that are allowed as home occupations within a residential primary use that is the principal residence of the business owner, and uses that are not allowed as home occupations. 1. Allowed Home Businesses. The following uses may be approved by the Director in compliance with this section: a. Art and craft work (ceramics, painting, photography, sculpture) b. Clothing production, sewing; c. Computer and telecommunications-based services, including information processing and telemarketing; d. Individual instruction and counseling, including music lessons for individual pupils, tutoring, and counseling; e. Office-type uses, including an office for an architect, attorney, consultant, insurance agent, musician, planner, technical advisor, or writer; f. Cottage food operations; g. Any other use that may, as determined by the Director, be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood. SECTION 26. Subsection H of 19.36.300 of Chapter 19.36 of Title 19 of the West H. Satellite Dish Antennas. Satellite antennas are subject to the requirements of Section 19.36. 350 (Telecommunications Facilities). SECTION 27. Subsection D of Section 19.36.320 of Chapter 19.36 of Title 19 of
Page 8 of 13 D. Nonconforming Residential Structures - Additions. 1. A single-family dwelling or duplex with a proposed addition that exceeds 500 square feet shall comply with applicable provisions of the Zoning Ordinance and shall not maintain nonconforming structure status. 2. Additions to existing structures may project into a required side yard of a residential structure that is nonconforming as to side yard requirements, provided the required side yard is not reduced to less than four feet due to the projection, and the additions maintain the actual existing setback of the structure to which it relates. SECTION 28. Subsection A of Section 19.38.030 of Chapter 19.38 of Title 19 of A. Approval of Urban Art Plan and Value of Art. The applicant shall file with and receive approval from the Arts and Cultural Affairs Commission for an Urban Art Plan for the project site and structures. The plan shall provide for the installation of public art with a value of at least one percent of the valuation of the project as determined by the Building Official. SECTION 29. A new subsection 6 is added to Section 19.44.020.A of Chapter 19.44 of Title 19 of A. When Required. An administrative permit shall be required for any land use listed in Article 19-2 (Zoning Districts and Allowable Land Uses) as requiring administrative permit approval, and the following uses and construction: 1. An exterior alteration that changes architectural character or theme; 2. Up to 500 square feet of second story construction to either a single family home or duplex either as a new second story or an addition to an existing second story. 3. An addition of more than 500 to 1,000 square feet to any structure other than a single-family home or duplex. 4. An addition which does not exceed 500 square feet but changes the architectural character or theme, or encloses a balcony in conformance with Section 19.72.030(B); 5. Garages, carports, and other residential accessory structures under 500 square feet which do not maintain the same architectural character as the primary structure(s); 6. Outdoor dining areas. SECTION 30. Subsection B of Section 19.48.020 of Chapter 19.48 of Title 19 of B. An addition of more than 500 square feet to a single-family dwelling or duplex (see Section 19.36.320(D), Residential Uses - Single-Family Dwellings and Duplexes); SECTION 31. The following rows of Table 4-2 in Section 19.48.030 of Chapter 19.48 of Title 19 of the West Hollywood Municipal Code are amended to read as follows:
Page 9 of 13 Review Authority Type of Use or Project Director Commission Project of 10,000 sq.ft. or more of new or additional gross floor area, or requires 49 or more parking spaces, or requires a Conditional Use Permit or Variance Project of less than 10,000 sq.ft. of new or additional gross floor area, that requires less than 49 parking spaces, and does not require a Conditional Use Permit or Variance SECTION 32. Section 19.50.020 of Chapter 19.50 of Title 19 of the West Discretionary approval of a demolition permit shall be secured under the provisions of this chapter before demolition of any building or structure (see demolition definition in Section 19.90.020, Definitions of Specialized Terms and Phrases) and before commencement of a substantial remodel as that term is defined in Section 19.48.020(D) (Development Permits - Applicability). Approval of a demolition permit shall also be required before a structure is moved from any site within the city. SECTION 33. Section 19.50.060 of Chapter 19.50 of Title 19 of the West The Building Official shall not issue a demolition permit, or a building permit which includes demolition, for demolition of any structure, or for a substantial remodel, as that term is defined in Section 19.48.020(D) (Development Permits - Applicability) unless: A. Discretionary approval of the demolition permit has been obtained in compliance with this chapter; B. The applicant has received all required planning entitlements for the proposed new construction for the site, provided evidence that construction financing has been secured or committed, and executed architectural, engineering and construction contracts, unless the demolition is exempt from this requirement by virtue of Section 19.50.040(C), and the Building Official has received both an application for building and demolition permits and complete plans and specifications for the replacement buildings; C. In the event that the building to be demolished contains registered rental units, the tenant notice and relocation requirements of the Rent Stabilization Ordinance have been met to the satisfaction of the Director of Rent Stabilization; and D. In the event that the building to be demolished contains rental housing, the applicant has offered the right of first refusal to occupy any replacement housing to be constructed on the site to tenants displaced by the demolition; provided, however that occupancy of inclusionary units shall be governed by the provisions of Chapter 19.22 (Affordable Housing Requirements and Incentives).
Page 10 of 13 SECTION 34. Subsection A(5) of Section 19.54.030 of Chapter 19.54 of Title 19 of 5. Seasonal Sales Lots. Seasonal sales activities (for example, Halloween, Christmas) including temporary residence or security trailers, on non-residential properties and undeveloped residential properties on arterial streets. A permit shall not be required when the sales are at the site of an established commercial business holding a valid city business tax certificate as required. The sales activity may be approved for a maximum of thirty days. SECTION 35. Subsection E(2) of Section 19.58.150 of Chapter 19.58 of Title 19 of 2. Planning Commission Review and Action. For rehabilitation incentives which involve adaptive reuse and either: (i) where the proposed use would typically require Commission approval; or (ii) is a proposed urban inn or Bed and Breakfast Inn, the Planning Commission shall be the approval authority. The Commission shall consider the recommendation of the HPC, if any, regarding the request. SECTION 36. Section 19.60.010 of Chapter 19.60 of Title 19 of the West This chapter provides for adjustments from the development standards of this Zoning Ordinance only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. A variance or modification is not required for alterations, modifications or other changes to a non-conforming structure or non-conforming use where the alterations, modifications or changes make the structure or use more compliant with the development standards of this Zoning Ordinance. SECTION 37. Subsection B of Section 19.72.030 of Chapter 19.72 of Title 19 the West B. Expansions. A nonconforming structure may be expanded, provided that the expansion complies with all applicable provisions of this Zoning Ordinance. Singlefamily dwellings and duplexes may expand up to 500 square feet without having to bring the entire structure into compliance with the Zoning Ordinance. The expansion of a nonconforming structure may exceed the density and height restrictions of this Zoning Ordinance in the following cases. SECTION 38. The following definitions are added to the alphabetical list of definitions in Section 19.90.020 of Chapter 19.06 of Title 19 of the West Hollywood Municipal Code to read as follows:
Page 11 of 13 Arterial Street. A roadway that primarily serves regional and local vehicular traffic along commercial corridors. Collector Street. A roadway that primarily carries vehicular traffic to and from a residential neighborhood. Cottage Food Operation. An enterprise at a private home where low-risk food products are prepared or packaged in the home kitchen for sale to consumers. A Cottage Food Operation shall not operate as a food facility or wholesale food manufacturer. Demolition of a Single-family Dwelling or Duplex. The destruction and removal of the exterior walls and building foundation of a single-family dwelling or duplex. Demolition of a Commercial, Multi-family or Other Non-Residential Structure. See Major Remodel. Mature Tree. A tree that has reached 75% of typical height and spread/canopy for its species. SECTION 39. The following definitions in the alphabetical list of definitions in Section 19.90.020 of Chapter 19.06 of Title 19 of the West Hollywood Municipal Code are amended to read as follows: Personal Services. Establishments providing non-medical services as a primary use, including: barber and beauty shops clothing rental dry cleaning pick-up stores with limited equipment home electronics repair laundromats (self-service laundries) psychic readers shoe repair shops spas and hot tubs tailors tanning salons tattoo parlors These uses may also include accessory retail sales of products related to the services provided. Personal services do not include Personal Training in Health/Fitness Facilities. Pet Shops. Retail stores selling birds, fish, and other common household pets, including supplies for the care and feeding of the animals sold. The retail sale of dogs or cats is prohibited under WHMC 9.50.020. This use may include pet grooming, but not the boarding of animals other than those for sale. See Veterinary Clinics, Animal Hospitals, Kennels, Boarding.
Page 12 of 13 SECTION 40. Section 20.04.030 of Chapter 20.04 of Title 20 of the West Notwithstanding the provisions of Section 20.04.010, the Subdivision Ordinance is amended by amending Los Angeles County Code Sections 21.16.070 and 21.16.075 to read as follows: 21.16.070 Notice of public hearing. At least 28 days prior to a public hearing held pursuant to this Title 21, the Director shall cause a notice, which contains the time and place of the hearing, a general description of the location of the proposed division of land, and a statement of a person s right to appear and be heard, to be published and posted in accordance with Section 19.74.020 of the West Hollywood Municipal Code, and in the case of a proposed conversion of residential real property to a common interest development, mailed by first-class mail to each tenant residing in the subject building. 21.16.075 Posting. Property which is the subject of a public hearing pursuant to this Title 21 shall be posted in compliance with subsection (b) of Section 19.74.020 of the West Hollywood Municipal Code. SECTION 41. Subsection A of Section 20.04.040 of Chapter 20.04 of Title 20 of A. Any building or structure proposed to be converted from residential rental housing to common interest development shall conform to or shall be found by the Planning Commission to be in substantial conformance with the design standards contained in West Hollywood Municipal Code Section 19.36.100, Common Interest Development Design Standards and with all standards, including off-street parking, required of new multiple residential structures provided in Title 19 of the West Hollywood Municipal Code. Conditions may be imposed on the map to assure that the project is as nearly in conformance with design standards as is practicable. The Director may exempt from the requirements of this paragraph conversions in which tenants residing in the building and representing eighty percent (80%) or more of the units agree to purchase units or conversions carried out by a government agency or nonprofit organization for the purpose of providing, maintaining or developing housing for senior citizens or persons of low and moderate income. SECTION 42. The number of the page between pages 19-254.1 and 19-254.3 of Title 19 of 19-254.2
Page 13 of 13 PASSED, APPROVED AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting held the 21 st day of July, 2014, by the following vote: AYES: Councilmember: Duran, Land, Prang, Mayor Pro Tempore Heilman and Mayor D Amico. NOES: Councilmember: ABSENT: Councilmember: ABSTAIN: Councilmember: ATTEST: /s/ John D Amico JOHN D AMICO, MAYOR /s/ Yvonne Quarker YVONNE QUARKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST HOLLYWOOD ) I, YVONNE QUARKER, City Clerk of the City of West Hollywood, do hereby certify that the foregoing Ordinance No. 14-940 was duly passed, approved and adopted by the City Council of the City of West Hollywood at a regular meeting held on the 21 st day of July, 2014, after having its first reading at the regular meeting of said City Council on the 23 rd day of June, 2014. I further certify that this ordinance was posted in three public places as provided for in Resolution No. 5, adopted the 29th day of November, 1984. WITNESS MY HAND AND OFFICIAL SEAL THIS 22 nd DAY OF July, 2014. YVONNE QUARKER, CITY CLERK