Part 5C. Use Rules

1. Intent

   The intent of the standards of this Section (Accessory To) is to allow an accessory use to complement a primary use by limiting its scale in proportion to the primary use, thereby ensuring that the accessory use does not undermine the mix of primary uses that the Use District is intended to accommodate.

2. Applicability

   This Section (Accessory To) applies to new construction, a major remodel, a lot modification, a use modification, or a renovation when the applied Use District (Part 5B.) includes "Accessory to" in the Use Standard column of the Use District table.

3. Standards

   The proposed use shall be accessory to the use identified in the Specification column in the Use District table and comply with all of the following:

   1. Accessory uses are only allowed when provided on the same lot or within the same building as the primary use.

   2. The floor area of the accessory use shall not exceed 25 percent of the floor area designated for the primary use.

   3. For outdoor uses located at-grade, the total lot coverage occupied by the accessory use shall not exceed 25 percent of the lot coverage occupied by the primary use. In instances where the accessory use is located outdoors and the primary use is within a building, the lot coverage of the accessory use shall not exceed 25 percent of the building coverage area occupied by the primary use.

   4. Where there are conflicts between the use standards required for the accessory use and the primary use, the most restrictive of the use standards shall prevail.

4. Measurement

   1. For measuring floor area, see Sec. 14.2.7. (Floor Area).

   2. The maximum floor area allowed for an accessory use is calculated by multiplying the total floor area occupied by the primary use by 25 percent.

   3. Lot coverage is measured by dividing the total at-grade surface area occupied by a use by the total lot area.

   4. The maximum lot coverage allowed for an accessory use is calculated by multiplying the total lot coverage occupied by the primary use by 25 percent

   5. Where the accessory use is located outdoors and the primary use is within a building, the maximum lot coverage allowed for an accessory use is calculated by multiplying the total building footprint occupied by the primary use by 25 percent.

5. Relief

   1. A 20 percent or less square footage increase for the allowable accessory use may be granted in accordance with Sec. 13B.5.2. (Adjustment).

   2. See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Incidental To) is to allow an incidental use to complement a primary use in limited scale, to ensure that the incidental use does not undermine the mix of primary uses that the Use District is intended to accommodate.

2. Applicability

   This Section (Incidental To) applies to new construction, a major remodel, a lot modification, a use modification, or a renovation when the applied Use District (Part 5B.) includes "Incidental to" in the Use Standard column of the Use District table.

3. Standards

   The proposed use shall be incidental to the use identified in the Specification column in the Use District table and comply with all of the following:

   1. Uses that are required to be incidental to a primary use are only allowed when provided on the same lot or within the same building as the primary use.

   2. The floor area of the incidental use shall not exceed the floor area designated for the primary use.

   3. For outdoor uses located at-grade, the total lot coverage occupied by incidental use shall not exceed the lot coverage occupied by the primary use. In instances where the incidental use is located outdoors and the primary use is within a building, the lot coverage of the incidental use shall not exceed the building coverage area occupied by the specified primary use.

   4. Where there are conflicts between the use standards required for the incidental use and primary use, the most restrictive of the use standards shall prevail.

4. Measurement

   1. For measuring floor area, see Sec. 14.2.7. (Floor Area).

   2. The maximum floor area allowed for an incidental use is calculated by determining the total floor area designated for the primary use.

   3. Lot coverage is measured by dividing the total at-grade surface area occupied by a use by the total lot area.

   4. The maximum lot coverage allowed for an incidental use is calculated by determining the total lot coverage occupied by the primary use.

   5. Where the incidental use is located outdoors and the primary use is within a building, the maximum lot coverage allowed for an incidental use is calculated by determining the total building footprint occupied by the primary use.

5. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (In Conjunction With) is to ensure that a proposed use is consistently combined with other specified uses to help sustain the mix of uses that a Use District is intended to accommodate, and to achieve the benefits of multi-use facilities.

2. Applicability

   This Section (In Conjunction With) applies to new construction, a major remodel, a lot modification, a use modification, or a renovation when the applied Use District (Part 5B.) includes "In conjunction with" in the Use Standard column of the Use District table.

3. Standards

   The proposed use shall be provided in conjunction with the use or uses specified in the Specification column in the Use District table and comply with all of the following:

   1. Uses that are required to be in conjunction with another specified use are only allowed when provided on the same lot or within the same unified development as the specified use.

   2. The proposed use may exceed the size of the specified use.

   3. When a Use District table includes a “Minimum area” requirement in the Use Standard column, the proposed use shall only be allowed when the specified use is provided with dedicated floor area that meets or exceeds the minimum floor area ratio cited in the Use District table's Specification column.

   4. Where there are conflicts between the use standards of the specified use and the proposed use, the most restrictive of the use standards shall prevail.

4. Measurement

   1. A use shall be measured as in conjunction with another use when both uses are present concurrently on the same lot, within the same building, or within the same unified development.

   2. The minimum area that is required to be dedicated for a use is calculated by multiplying the total lot area or cumulative site area by the floor area ratio specified in the Use District table's Specification column.

      1. For measuring floor area, see Sec. 14.2.7. (Floor Area).

      2. For calculating the total lot area, see Sec. 2C.1.1. (Lot Area).

      3. Cumulative site area shall be calculated by determining the total square footage of all land area within a unified development.

5. Relief

   1. A 20 percent or less reduction in the minimum floor area requirement for the specified use may be granted in accordance with Sec. 13B.5.2. (Adjustment).

   2. See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Size) is to allow a proposed use while ensuring the scale of the use is compatible with the overall mix of uses that the Use District is intended to accommodate.

2. Applicability

   This Section (Size) applies to new construction, a major remodel, a use modification, or a renovation when the applied Use District (Part 5B.) includes "Size" in the Use Standard column of the Use District table.

3. Standards

   1. Size, Entire Use

      Where the Use District Table specifies "Size, entire use", uses limited to a specified size for the entire use are allowed only when the total area dedicated to the proposed use on a lot is less than or equal to the size maximum specified in the Use District table.

   2. Size, Tenant Space

      Where the Use District Table specifies "Size, tenant space", uses limited to a specified size per tenant space are allowed only when the ground floor area of an individual tenant space dedicated to the proposed use is less than or equal to the size maximum specified in the Use District table.

      1. Multiple tenant spaces dedicated to the same subject use may be allowed on the same lot or within the same building, provided that each tenant space is less than or equal to the size maximum specified in the Use District table.

      2. Upper story floor area is exempt from tenant space size limits.

   3. Size, Dwelling Unit Average

      Where the Use District Table specifies "Size, dwelling unit average", dwelling uses required to conform to an average unit size are allowed only when the average floor area provided to dwelling units within the same building is equal to or greater than the average size specified in the Use District table.

4. Measurement

   1. Size, Entire Use

      The size of an entire use shall be measured by calculating the cumulative area dedicated to the proposed use on a single lot.

      1. For uses located within a building, the total floor area shall be used to determine cumulative area.

      2. For uses not located within a building, the total square footage shall be used to determine cumulative area.

   2. Size, Tenant Space

      The size of a tenant space shall be measured by calculating the floor area dedicated to the proposed use that meets the following criteria:

      1. Is located on the ground story of a building;

      2. Has a dedicated entrance, not shared with any other tenant space;

      3. Has no direct connections to another tenant space sharing a wall with the tenant space dedicated to the proposed use;

      4. Is not inclusive of common corridors and shared restrooms intended for all tenants of a building.

   3. Size, Dwelling Unit Average

      The average dwelling unit size shall be measured by determining the total floor area dedicated to dwelling units within a building; then dividing the total floor area allocated to dwelling units by the total number of dwelling units within the building. The result will be the average dwelling unit size.

   4. For measuring floor area, see Sec. 14.2.7. (Floor Area).

5. Relief

   1. A 20 percent or less increase in the maximum size specified by the Use District may be granted in accordance with Sec. 13B.5.2. (Adjustment).

   2. See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Location) is to limit proposed uses to lots having specific qualities in order to ensure the use is compatible with its surroundings and complies with the intent of the Use District.

2. Applicability

   This Section (Location) applies to new construction, a lot modification, or a use modification when the applied Use District (Part 5B.) includes "Location" in the Use Standard column of the Use District table.

3. Standards

   1. Alley Abutting

      Where the Use District table specifies "Alley Abutting" for the location requirement, the proposed use may be permitted when the use is located on a lot that abuts an alley having a width of 15 feet or greater.

   2. Boulevard or Avenue Fronting

      Where the Use District table specifies "Boulevard or Avenue Fronting" for the location requirement, the proposed use may be permitted when the use is located on a lot sharing a lot line with a street designated as a boulevard or avenue. On through lots sharing a lot line with a street designated as a Collector or Local, the proposed use may only be permitted on the 1/2 portion of the lot that is fronting a street designated as a boulevard or avenue.

   3. Ground Story

      Where the Use District table specifies “Ground Story” as the location requirement, the proposed use shall be located at the ground story of a building and no portion of the use shall be located on any upper story of a building.

   4. Upper Story

      Where the applied Use District table specifies “Upper Story” as the location requirement, the proposed use shall be located in the upper stories of a building and no portion of the use shall be located on the ground story of a building.

   5. Corner Lot

      Where the Use District table specifies "Corner Lot" for the location requirement standard, the proposed use may be permitted when the use is located on a lot located at the intersection of two streets.

4. Measurement

   1. Alley width is measured as the narrowest horizontal distance between opposite edges of a designated alley.

   2. For lot line determination see Sec. 14.2.12. (Lot Line Determination).

   3. For lot area measurement see Sec. 2C.1.1.D. (Lot Area, Measurement).

5. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Hours of Operation) is to limit the negative impacts of the proposed use on neighboring lots containing residential or other sensitive uses by limiting the duration of activity for a subject use.

2. Applicability

   This Section (Hours of Operation) applies to a use when the applied Use District (Part 5B.) includes "Hours of operation" in the Use Standard column of the Use District table.

3. Standards

   1. The proposed use shall not open to the public or perform services for clients or customers earlier than the time of earliest open specified by the Use District table.

   2. The proposed use shall not be open to the public or performing services for clients or customers later than the time of latest close specified by the Use District table.

   3. An additional hour prior to the earliest allowed opening time and after the latest allowed closing time is permitted for the following activities:

      1. Opening preparations and closeout tasks associated with the use;

      2. Clearing of all temporary installations, debris, trash and any other material associated with the use;

      3. Trash service; and

      4. Loading and unloading activities, including deliveries and shipments.

4. Measurement

   Subject to Subsection C. (Standards), hours of operation are measured as the hours during which the proposed use is open to the public or performing services for clients or customers.

5. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Screening) is to mitigate negative external impacts from a proposed use on the surrounding area through filtering pollutants, reducing noise, and promoting visual interest in order to maintain comfort for users of the subject lot, adjacent lots, and the public realm.

2. Applicability

   Screening standards apply to new construction, a major remodel, a lot modification, or a use modification when the applied Use District (Part 5B.) includes "Screening" in the Use Standard column of the Use District table.

3. Standards

   Proposed uses shall be screened using the screen type specified by the Use District tables as described in Div. 4C.8. (Screening) subject to the following:

   1. Frontage screens shall meet the standards provided in Sec. 4C.8.1.C. (Frontage Screens).

   2. Transition screens shall meet the standards provided in Sec. 4C.8.2.C. (Transition Screens).

   3. Outdoor storage screening shall meet the standards provided in Sec. 4C.8.3. (Outdoor Storage Screening).

4. Measurement

   1. Frontage screens shall be measured according to the provisions of Sec. 4C.8.1.D. (Frontage Screens).

   2. Transition screens shall be measured according to the provisions of Sec. 4C.8.2.D. (Transition Screens).

   3. Outdoor storage screening shall be measured according to the provisions of Sec. 4C.8.3.D. (Outdoor Storage Screening).

5. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A. 1.2.C.4. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Enclosure) is to mitigate potential external impacts from activities generated by a proposed use such as pollutants, debris or noise on surrounding areas.

2. Applicability

   1. Enclosure standards apply to new construction, a major remodel, or a use modification when the applied Use District (Part 5B.) includes "Enclosure" in the Use Standard column of the Use District table.

   2. Enclosure requirements shall not apply to motor vehicle parking and use areas, such as parking stalls, drive aisles, and maneuvering, loading, and staging areas, that serve the subject use.

3. Standards

   1. Indoors

      Where the Use District table specifies “Indoors” for the enclosure standard, the proposed use shall be located entirely within a building that meets the following criteria:

      1. Has an enclosure of 100 percent, with the exception of building entrances and bay doors, which shall remain closed except during the allowed hours of operation.

      2. Is sheltered by a solid roof, including mechanical ventilation to prevent fugitive emissions, unless another regulatory agency requires natural ventilation. A stack, vent and flare is exempt from this requirement.

   2. Covered

      Where the Use District table specifies “Covered” for the enclosure standard, any area containing the proposed use shall meet the standards of a covered area specified in Sec. 14.2.2. (Covered Area (%)).

   3. Enclosed

      Where the Use District table specifies “Enclosed” for the enclosure standard, any area containing the proposed use shall meet the standards of enclosed specified in Sec. 14.2.4. (Enclosure).

   4. Covered & Enclosed

      Where the Use District specifies “Covered & enclosed” for the enclosure standard, any area containing the proposed use shall meet the standards of both covered area specified in Sec. 14.2.2. (Covered Area (%)) and enclosed specified in Sec. 14.2.4. (Enclosure).

4. Measurement

   1. For the measurement of indoors, see Sec. 14.2.2.A.3. (Sheltered), Sec. 14.2.2. (Covered Area (%)) and Sec. 14.2.4.B. (Measurement).

   2. For the measurement of covered, see Sec. 14.2.2.A.1. (Covered Area (%)).

   3. For the measurement of enclosed, see Sec. 14.2.4.B. (Measurement).

5. Exceptions

   Motor vehicle use areas allowed in connection with the subject use are exempt from enclosure requirements.

6. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Separation) is to ensure appropriate distancing between a proposed use, that may be disruptive or hazardous, and residents and sensitive uses within its vicinity.

2. Applicability

   This Section (Separation) applies to new construction, a lot modification, or a use modification when the applied Use District (Part 5B.) includes "Separation" in the Use Standard column of the Use District table.

3. Standards

   The proposed use shall be located at least the minimum distance away from any specified use, Use District, or lot line as provided in the Use District table.

4. Measurement

   Use separation shall be measured as the horizontal distance to any portion of a lot or building designated with the proposed use from one of the following:

   1. When measured from a specified use, the nearest lot line of all lots containing that specified use.

   2. When measured from a Use District, the nearest lot line of all lots zoned as that Use District.

5. Relief

   1. A 20 percent or less reduction in required distance away from any specified use, Use District, or lot line may be granted in accordance with Sec. 13B.5.2. (Adjustment).

   2. See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Amplified Sound Restrictions) is intended to reduce potential negative external sound impacts from activities generated from a subject use on the surrounding area by regulating amplified sound for said subject use.

2. Applicability

   This Section (Amplified Sound Restrictions) standard applies to new construction, a major remodel, a site modification, an exterior modification, or a use modification when the applied Use District (Part 5B.) includes "Amplified sound restrictions" in the Use Standard column of the Use District table.

3. Standards

   Where the applied Use District table specifies “Amplified Sound Restrictions” are “Applicable", no amplified sound is permitted and all background music and permanently installed speakers are prohibited in areas dedicated to the subject use which meet one or more of the following criteria:

   1. Are uncovered,

   2. Are unenclosed, or

   3. Meet the definition of an outdoor dining area.

4. Measurement

   A subject use shall be measured as having no amplified sound if there is an absence of any permanently installed speakers in all areas on the lot that meet the criteria outlined in Subsection C. (Standards), above.

5. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Designated Work Space) is to ensure that a specified amount of floor area as part of a dwelling unit is dedicated to uses that generate productive activity, creative enterprises, and employment.

2. Applicability

   This Section (Designated Work Space) applies to new construction, a major remodel, a use modification, or a renovation when the applied Use District (Part 5B.) includes "Designated work space" in the Use Standard column of the Use District table.

3. Standards

   1. Where the applied Use District table specifies a “Designated Work Space” is “Required”, the proposed use shall be combined with a space that meets all the following standards:

      1. Contained within each dwelling unit provided;

      2. Occupy a minimum of 48 percent of the total floor area of each live/work unit;

      3. Designed and intended for general commercial uses and/or light industrial uses;

      4. Have a minimum width of 10 feet;

      5. Have a minimum depth of 15 feet;

      6. Have a minimum floor to ceiling height of 16 feet when occupying the ground story of a building;

      7. Have a minimum floor to ceiling height of 10 feet when occupying the upper stories of a building; and

      8. Provide an open plan area, with no fixed interior separation walls for 70 percent of the total designated work space area.

   2. Where the Use District table stipulates that live/work uses shall be provided in conjunction with a minimum area reserved for specified uses, the designated work space incorporated within each live/work unit can be included in the calculation of the minimum floor area required to be reserved for specified uses.

4. Measurement

   1. Designated work space area as a percentage of each live/work unit shall be calculated as the total floor area of the designated work space area divided by the total floor area of the live/work unit.

   2. For determining the ground story, see Sec. 14.2.10.A. (Ground Story).

   3. Designated work space width is measured as the shortest horizontal distance along the boundaries of the Designated Work Space.

   4. Designated work space depth is measured from the primary entrance to the Designated Work Space inward to the closest edge of the Designated Work Space.

   5. Floor to ceiling height is measured vertically from the top of the finished floor to the top of the ceiling above.

   6. Only portions of the interior space that meet that minimum depth, width, and floor to ceiling height dimensions shall be counted towards meeting the designated work space standard.

5. Exceptions

   1. Adaptive Reuse

      Designated work space provided as part of an adaptive reuse project shall be exempt from all design and dimension standards listed in Subsection C. (Standards) above. Instead, the following standards shall apply to designated work space provided as part of an adaptive reuse project:

      1. Shall be contained within each live/work unit provided.

      2. Shall occupy a minimum of 10 percent of the total floor area of each live/work unit.

   2. Industrial-Mixed 4

      Standard provisions described in Subsection C. (Standards) above allowing the Designated Work Space incorporated within each live/work unit to be included in the calculation of the minimum floor area required to be reserved for specified uses shall not apply to projects in the Industrial-Mixed 4 Use District.

6. Relief

   1. A reduction in any dimensional standard of 20 percent or less may be granted in accordance with Sec. 13B.5.2. (Adjustment).

   2. A reduction in the minimum floor area required to be Designated Work Space of 20 percent or less may be granted in accordance with Sec. 13B.5.2. (Adjustment).

   3. See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Project Category Exceptions) is to allow or prohibit specific project types as an exception to permissions or standards applied to a proposed use.

2. Applicability

   This Section (Project Category Exceptions) applies to new construction, a major remodel, a lot modification, a use modification, or a renovation when the applied Use District (Part 5B.) includes "Project category exceptions" in the Use Standard column of the Use District table.

3. Standards

   1. Project Category Exceptions

      1. Where the Use District table specifies a “Project category exceptions”, the use standard will cite one of the following project category listed below:

         1. New construction

         2. Change of use

         3. Intensification of use

         4. Adaptive reuse project

         5. Affordable Housing

         6. Campus Unified Development

      2. The Use District table will specify that the project category (or categories) cited are either “exempt” or “prohibited”.

   2. Exempt

      When the Use District table specifies that one of the project categories listed in Paragraph 1. (Project Category Exceptions) above is “Exempt”, the project shall be exempted from otherwise complying with any general use standards and restrictive permission levels that applies to the proposed use.

   3. Prohibited

      When the Use District table specifies that the one of the project types listed in Paragraph 1. (Project Category Exceptions) above is “Prohibited”, the proposed use shall not be permitted in accordance with Sec. 5A.3.2. (Permitted (P)) when the use is provided as part of the project type cited.

   4. New Construction

      Where the use standard cites "new construction" as the project category exception, any project involving new construction in order to accommodate the proposed use shall be either “exempt” in accordance with Paragraph 2, or “prohibited” in accordance with Paragraph 3, based on the exception citied in Use District table's specification column.

   5. Change of Use

      Where the use standard cites "change of use" as the project category exception, any project involving a change of use in order to accommodate the proposed use shall be either “exempt” in accordance with Paragraph 2, or “prohibited” in accordance with Paragraph 3, based on the exception citied in Use District table's specification column.

   6. Intensification of Use

      Where the use standard cites "intensification of use" as the project category exception, any project involving an intensification of use in order to accommodate the proposed use shall be either “exempt” in accordance with Paragraph 2, or “prohibited” in accordance with Paragraph 3, based on the exception citied in Use District table's specification column.

      1. Intensification Threshold

         When the Use District table includes an intensification threshold represented as a percentage (%), the use exception applies only to intensification of use projects that are less than or equal to the threshold cited.

         1. Floor Area

            The increase in the total floor area dedicated to the proposed use shall be limited to a percentage increase from the previously approved floor area dedicated to the use, based on the percentage cited in the Use District table's Specification column.

         2. Dwelling Units

            The increase in the total number of dwelling units shall be limited to a percentage increase from the number of previously approved dwelling units, based on the percentage cited in the Use District table's Specification column.

         3. Lodging Units

            The increase in the total number of lodging units shall be limited to a percentage increase from the number of previously approved lodging units, based on the percentage cited in the Use District table's Specification column.

   7. Adaptive Reuse

      Where the use standard cites "adaptive reuse" as the project category exception, any project involving an adaptive reuse project in accordance with Sec. 9.4.5. (Downtown Adaptive Reuse Program) or Sec. 9.4.6. (Citywide Adaptive Reuse Program) carried out order to accommodate the proposed use shall be either “exempt” in accordance with Paragraph 2. (Exempt), or “prohibited” in accordance with Paragraph 3. (Prohibited), based on the exception citied in Use District table's specification column.

   8. Affordable Housing

      Where the use standard cites "affordable housing" as the project category exception, any project reserving a specified percentage of dwelling units as restricted affordable units, in accordance with the definition of restricted affordable unit in Div. 14.3. (Glossary), shall be “exempt” in accordance with Paragraph 2. (Exempt) when the exception is citied in the Use District table's specification column.

      1. Dwelling Unit Threshold

         When the Use District table includes a dwelling unit threshold, the exception applies to projects that reserve the minimum percentage of the total number of dwelling units as restricted affordable units, based on the percentage cited in the Use District table's Specification column.

   9. Campus Unified Development

      Where the use standard cites "campus unified development" as the project category exception, any project involving proposed use provided within a unified development shall be “exempt” in accordance with Paragraph 2. (Exempt), when the exception is citied in the Use District table's specification column and the unified development meets the following criteria:

      1. The site comprises a total area of 15 acres or more.

      2. A total floor area equivalent to a floor area ratio of 0.5, or greater is designated to one or more of the following uses:

         1. Hospital: regional

         2. School: post-secondary

         3. Office

         4. Manufacturing light: all

         5. Research & development

         6. Soundstages & backlots

4. Measurement

   1. New Construction

      Measured as any project involving new construction, as defined in Sec. 14.2.15.B.1. (New Construction).

   2. Change of Use

      Measured as any project involving a change of use, as defined in Sec. 14.2.15.B.6.a. (Change of Use), in order to accommodate the proposed use.

   3. Intensification of Use

      Measured as any project involving an intensification of use, as defined in Sec. 14.2.15.B.6.b. (Intensification of Use), in order to accommodate the proposed use.

   4. Adaptive Reuse

      Measured as any project involving the conversion of all or any portion of an eligible building from a commercial or industrial use to dwelling uses in accordance with Sec. 9.4.5. (Downtown Adaptive Reuse Program) or Sec. 9.4.6. (Citywide Adaptive Reuse Program).

   5. Affordable Housing

      Measured as a project reserving a specified percentage of dwelling units as restricted affordable units, in accordance with the definition of restricted affordable unit in Div. 14.3. (Glossary).

      1. Dwelling Unit Threshold

         Measured by dividing the total number of dwelling units a project sets aside as restricted affordable units by the total number of all dwelling units provided by the project.

5. Relief

   1. Relief from a project category exception that prohibits a specified project type may be granted in accordance with Sec. 13B.5.3. (Variance).

   2. See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

1. Intent

   The intent of the standards of this Section (Affordable Housing) is to limit housing development within a Use District to projects that include affordable housing.

2. Applicability

   This Section (Affordable Housing) applies to projects involving new construction or a use modification when the applied Use District (Part 5B.) includes "Affordable housing" in the Use Standard column of the Use District table.

3. Standards

   Projects including dwelling units shall provide, at minimum, the percentage of dwelling units specified by the Use District table as restricted affordable units.

4. Measurement

   1. The percentage of dwelling units on a lot that are restricted affordable units is calculated by dividing the number of affordable units by the total number of dwelling units on the lot, exclusive of a manager unit or units.

   2. Dwelling units are measured as restricted affordable units when provided in accordance with the definition of restricted affordable unit in Div. 14.3. (Glossary).

5. Relief

   See the Use Standard column in the Use District table for relief options pursuant to Sec. 5A.1.2.C.6. (Relief from Use Standard).

Supplemental use standards are development and operational regulations that apply only to the specified use. Supplemental use standards are unique for each use and, unless specific project activities are listed, apply to any project affecting the subject use. See the Use District for applicable supplemental use standards. When a supplemental use standard for a specified use does not apply the Use District will indicate “Not required” for that specified use.

Supplemental procedures are modifications of existing procedures from Sec. 13B. (Processes & Procedures) that apply to the approval of a specified use or allowed relief from the use standards when indicated in the applied Use District. When supplemental procedures for a specified use do not apply, the Use District will indicate “Not required” for that specified use.

Supplemental use findings are additional findings or requirements that apply to the conditional use process for specified uses when indicated by the applied Use District. When applicable, supplemental use findings are unique for each use. See the Use District for applicable supplemental use findings. When supplemental use findings for a specified use with a conditional use process does not apply, the Use District will indicate “Not required” for that specified use.

1. Household Business: Home Occupation

   1. Supplemental Standards

      1. Client visits related to the commercial use in a household business: home occupation shall be limited to one client visit per hour within the specified hours of operation.

      2. No more than one person not residing on the premises may be employed to work on the premises as part of the household business: home occupation

      3. On-site deliveries and shipments related to the commercial use in a household business: home occupation shall not be performed by vehicles having a gross vehicular weight rating designation greater than Class 4 or greater than 16,000 pounds. Deliveries from larger trucks shall occur no more frequently than once every two months.

2. Household Business: Joint Living & Work Quarters

   1. Supplemental Findings

      1. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit), the Zoning Administrator shall also consider all of the following:

         1. That the uses of property surrounding the proposed location of the household business: joint living & work quarters and the use of the proposed location will not be detrimental to the health, safety and welfare of prospective residents of the quarters;

         2. That the proposed household business: joint living & work quarters will not displace viable industrial uses and will not substantially lessen the likelihood that the property will be available in the future for industrial uses; and

         3. That an applicant for the proposed household business: joint living & work quarters involving the conversion of an existing building or portion of a building that was originally designed for non-residential occupancy has made good faith efforts to prevent the displacement of non-residential occupancy, and has submitted:

            1. Documentation showing proof of at least five years of non-residential vacancy and efforts to replace non-residential tenants, such as rental listings or other forms of advertisements, etc.

            2. Contact information of prior non-residential tenant(s) to allow the Zoning Administrator to confirm that the tenant wasn't offered money to break their lease, unjustly evicted or locked out, not offered lease renewal, subject to threats or intimidation, repeated interruptions of essential services such as heat, water, and electricity, or subject to other disruptions which caused them to leave their commercial space including failure on behalf of the landlord to repair damages or deliberate construction-related disruptions like blocked entrances, excessive dust or debris.

1. Utilities: Wireless Facility: All

   1. Supplemental Standards

      The wireless facility shall meet all applicable standards required by Sec. 4C.12.4. (Wireless Telecommunication Facilities).

[Reserved]

1. Animal Services: General

   1. Supplemental Standards

      1. The maximum number of adult dogs or cats is limited to no more than 20, or one for every 60 square feet of floor area of the facility, rounded up to the nearest whole number, whichever results in the greater number of animals.

      2. No more than 30 percent of the floor area of the facility shall be used for overnight boarding.

      3. Animal boarding areas shall not occupy the area within the first 20 feet, as measured from the storefront of the facility, and shall be separated from retail, grooming, or food storage areas.

2. Eating & Drinking: All

   Any portion of any eating & drinking use on private property designed and intended for the service and consumption of food and drinks, that has less than 75 percent enclosure (regardless of covered area percentage), or less than 25 percent covered area (regardless of enclosure percentage) shall be considered an outdoor dining area and subject to the following:

   1. Supplemental Standards

      1. The outdoor dining area must be provided in conjunction with an eating & drinking use that has 75 percent or more enclosure or 25 percent or more covered area pursuant to Sec. 5C.1.3. (In Conjunction With).

      2. The outdoor dining area supplemental standards may, at the applicant's request, supersede conditions associated with the outdoor dining area which were previously imposed as part of a discretionary approval.

      3. Hours of operation in the outdoor dining area shall end at 10:30 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday if the outdoor dining area is abutting or across an alley from a Residential Use District (Div. 5B.3.). If the outdoor dining area is not abutting or across an alley from a Residential Use District (Div. 5B.3.), then the outdoor dining area is subject to applicable hours limitation imposed by law, discretionary action, or other previously issued permit.

      4. Despite any provisions to the contrary, the noise levels of the area dedicated to the outdoor dining area shall not exceed the standards set forth in the Noise Ordinance.

      5. Live music, live entertainment including but not limited to disc jockeys, karaoke, dancing, and sexually oriented business uses are prohibited in outdoor dining areas.

      6. Pool tables and billiard tables are prohibited in outdoor dining areas.

      7. Television monitors and other similar audiovisual devices are prohibited in outdoor dining areas.

      8. Outdoor dining areas shall be cleaned nightly and adjoining sidewalk areas shall be kept free of debris, litter, and graffiti.

      9. A City-issued identification shall be posted in outdoor dining areas and made clearly visible to the public, indicating that the area is subject to the standards of the Al Fresco Ordinance. The identification shall include the City’s MyLA311 portal as the contact information for complaints or concerns regarding the operation of the outdoor dining area during regular business hours. A hotline phone number and contact information for LADBS shall be provided for complaints or concerns regarding the operation of the outdoor dining area that occur after business hours. A telephone number of the restaurant operator or manager shall be provided for complaints or concerns regarding the operation of the outdoor dining area.

      10. A sign reminding guests to be respectful of surrounding neighbors shall be posted in outdoor dining areas.

   2. Relief

      Relief from the supplemental standards in Paragraph 1. (Supplemental Standards), above may be granted through a variance, pursuant to Sec. 13B.5.3. (Variance).

   3. Noncompliance/Revocation

      1. Failure to Comply

         Failure to comply with any of the regulations and standards set forth in this Subsection (Eating & Drinking: All) shall constitute a violation of the Zoning Code (Chapter 1A) and may result in a citation, Administrative Citation, Orders to Comply and/or other available enforcement mechanisms identified herein or in the LAMC.

      2. Inspections

         The City shall have the authority to conduct inspections, consistent with Chapter IX. (Building Regulations), Sec. 98.0105. (Inspections) of this Code, to verify compliance with all of the requirements prescribed in this Subsection (Eating & Drinking: All). The owner and restaurant operator shall be notified of the deficiency or violation and shall be required to timely correct and eliminate the deficiency or violation.

      3. Enforcement

         Enforcement of the requirements pursuant to this Subsection (Eating & Drinking: All) is not exhaustive and the City may pursue other remedies.

      4. Citations and/or Orders to Comply

         A citation for violating this Subsection (Eating & Drinking: All) shall include, but is not limited to, Administrative Citations and/or Notice to Appear Citations issued by the Los Angeles Police Department, and Orders to Comply and/or Notices of Violation issued by the Department of Building and Safety.

      5. Administrative Process Applicable to Administrative Citations

         Unless otherwise specified herein, all Administrative Citations issued for violations of this Subsection (Eating & Drinking: All) shall be subject to the provisions set forth in Chapter I. (General Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code, including, but not limited to, an administrative hearing and appeal process as set forth in Chapter I. (General Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code and the City’s authority to use any civil remedy available to collect any unpaid administrative fine.

      6. Revocation

         Violations of the standards in Paragraph 1. (Supplemental Standards) above may result in revocation of the building permits for the outdoor dining area pursuant to Sec. 13B.6.3. (Building Permit Revocation).

      7. Criminal and Other Remedies Available

         Any violation of Paragraph 1. (Supplemental Standards) above may be prosecuted as a misdemeanor. In cases where the City Attorney elects to criminally prosecute a violation, the defendant shall be subject to all applicable penalties authorized by Chapter I. (General Provisions and Zoning), Sec. 11.00. (m) (Provisions Applicable to Code) of this Code and not the administrative fines authorized by this Subsection (Eating & Drinking: All).

3. Lodging

   1. Supplemental Findings

      In addition to the findings set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit), the City Planning Commission, or the City Council on appeal, shall make findings on each of the following:

      1. Whether there is sufficient market demand for the proposed lodging use;

      2. That the granting of the application will not significantly impact the demand for housing, public transit, childcare and other social services in the surrounding area, taking into consideration the impact of the additional employees of the lodging use, the part-time or seasonal nature of work at the lodging use, and of the lodging use's employees' expected compensation;

      3. Whether applicant will take measures to employ residents of neighborhoods surrounding the lodging use in order to minimize increased demand for regional transportation and to reduce demand for motor vehicle trips and motor vehicle miles of travel;

      4. Whether the applicant will take measures to encourage lodging use employees and guests to use public transportation, cycling and other non-automotive means of transportation;

      5. Whether the lodging use will take measures to support small businesses in the immediate vicinity and whether the applicant will adopt any measures to increase demand for local goods and services;

      6. That the lodging use will negatively impact the availability of existing affordable and rent stabilized housing. That the applicant will take measures to replace any rent stabilized or restricted affordable units existing on the site within the past 10 years with affordable housing and any non-restricted or rent stabilized housing with moderate income housing.

4. Retail: Firearms

   1. Supplemental Findings

      In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit), the Zoning Administrator, or the Area Planning Commission on appeal, shall make findings on each of the following:

      1. That the proposed use will not result in an over-concentration of this use in the area; and

      2. That the number of firearms available for sale at the lot does not pose the potential to contribute to violent crimes involving firearms in the surrounding area.

5. Retail: Large Format

   1. Supplemental Findings

      1. In addition to a Conditional Use Permit with approval by the City Planning Commission, pursuant to Sec. 13B.2.3. (Class 3 Conditional Use Permit), new retail: large format uses are required to prepare an economic impact analysis report for submission to the Department of City Planning and the Economic & Workforce Development Department for review in conjunction with its application to the Department of City Planning. The Economic & Workforce Development Department shall complete its review of the report within 60 days after receipt of the report from the applicant. The report shall identify the following:

         1. The economic impact on retail businesses within a three-mile radius, based on the potential to divert or expand the local or regional customer base. Data portraying the existing customer volume of the study area, as well as the anticipated customer volume of the study area, shall be included in the report.

         2. The destruction or demolition of any buildings, structures, facilities, or site area containing any of the following uses: any residential use, civic facility, school, nature reserve, open space, public, or public recreation.

         3. Contribution to the local retail market in terms of providing lower in cost or higher in quality goods and services than currently available to residents within a three-mile radius. A survey of goods and services offered by retail uses within a three-mile radius shall be included within the report.

         4. The number of permanent jobs displaced or created as a direct result of the project. Permanent jobs shall be categorized by the employment sector within the report.

         5. Fiscal impact on City tax revenue, either positive or negative.

         6. Viability of future reuse of the project site in the event the business vacates the premises based on factors such as building design, site layout, and lease terms requiring the lot to remain vacant for a significant amount of time.

         7. Reasonable expectation that employment solicitation by day laborers will occur at or around the lot.

         8. Measures to mitigate any materially adverse impacts identified within the report.

      2. If determined by the City Planning Commission, or the City Council on appeal, that based on the findings of the report, or any other information received before or at a public hearing, that there is a reasonable expectation that employment solicitation by day laborers will occur at or around the lot, then the following measures may be required to the satisfaction of the City Planning Commission, or the City Council on appeal:

         1. The project shall accommodate employment solicitation by day laborers with dedicated congregation space that meets the following criteria:

            1. Is sufficient in size based on reasonably expected users;

            2. Located along, but clear of a pedestrian accessway leading to a primary entrance; and

            3. Is covered to provide adequate shelter from the weather.

         2. Amenities including publicly accessible sources of drinking water, toilet and trash facilities, tables, and seating areas shall also be made available during business hours of operation.

         3. A signage plan, indicating the location of signs at appropriate locations throughout the lot, directing users to dedicated congregation areas and amenities.

6. Retail: Pet Shop

   1. Supplemental Standards

      The total number of adult dogs and cats in a pet shop shall not exceed one for every 45 square feet of floor area of the facility, rounded up to the nearest whole number, up to a maximum of 40 adult dogs and cats.

7. Sexually Oriented Business: General

   1. Supplemental Findings

      Pursuant to Paragraph 2. (Supplemental Procedure) below, the Zoning Administrator shall allow a sexually oriented business: general to be established and maintained if a site does not meet distancing standards in the applied Use District table, and a site is not reasonably available elsewhere in the City for the establishment or relocation of the subject sexually oriented business: general use. A lot is reasonably available elsewhere in the City if it meets all of the following criteria:

      1. Its use as the proposed sexually oriented business: general is consistent with all applicable zoning regulations, including the Use District standards in the applied Use District table.

      2. It is available for use, purchase, or rental as a sexually oriented business: general.

      3. It has adequate street access, street lighting, and sidewalks.

      4. It is at least 500 feet away from any uses which are or may become obnoxious or offensive by reason or emission of odor, dust, smoke, noise, gas, fumes, cinders, refuse matter or water-carried waste.

   2. Supplemental Procedure

      1. To apply for an exception to the distancing standards in the applied Use District table, an applicant shall file an application pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) with the Department of City Planning, on a form provided by the Department, identifying the present or proposed location of the sexually oriented business: general, and accompanied by data supporting the supplemental findings in Paragraph 1. (Supplemental Findings) above. The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) shall be replaced with the procedure listed in Subparagraph b. below.

      2. No additional findings other than those listed in Paragraph 1. (Supplemental Findings) above shall be required. If the Zoning Administrator disapproves an application for an exception, then it shall make findings of fact showing how a lot consistent with the Use District standards in the applied Use District tables is reasonably available elsewhere in the City for the establishment or relocation of the subject sexually oriented business: general.

1. Motor Vehicle Services: Light, Heavy, & Large Vehicle

   1. Supplemental Standards

      1. For new construction involving new floor area or a major remodel, bay doors and other building entrances and exits designed and intended for motor vehicle access shall not be frontage lot line facing.

      2. Bay doors and other building entrances and exits designed and intended for motor vehicle access shall remain closed except during the allowed hours of operation.

      3. New off-street freight loading areas shall be in compliance with development standard requirements for freight loading areas pursuant to Sec. 4C.2.2.C.2. (Freight Loading Areas).

      4. All client vehicles being serviced by motor vehicle services use shall be stored on-site.

      5. An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.4. (Annual Inspection Monitoring (Type 2)).

2. Motor Vehicle Services: Car Wash

   1. Supplemental Standards

      For new construction involving new floor area or a major remodel, bay doors and other building entrances and exits designed and intended for motor vehicles shall not face any residential use or school unless the residential use or school is located more than 100 feet from the car wash facility.

3. Fueling Station: All

   1. Supplemental Standards

      An off-street freight loading area, in compliance with development standard requirements for freight loading areas pursuant to Sec. 4C.2.2.C.2. (Freight Loading Areas), shall be provided to adequately accommodate all loading and unloading of fuel, vehicles, goods, and any other activities requiring the use of commercial vehicles for transportation.

4. Motor Vehicle Sales & Rental: All

   1. Supplemental Standards

      An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.4. (Annual Inspection Monitoring (Type 2)).

5. Storage, Indoor: Self-Service Facility

   1. Supplemental Findings

      In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit), the Zoning Administrator, or the Area Planning Commission on appeal, shall make findings on each of the following:

      1. That the granting of the application will not significantly detract from the intent of the Use District, including supporting quality employment and productive industries; and

      2. That the granting of the application will not significantly detract from any applicable community plan policies intended to generate active pedestrian oriented development and higher employment densities in the surrounding area.

6. Storage, Outdoor: Standard Vehicle, & Large Vehicle

   1. Supplemental Standards

      An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.4. (Annual Inspection Monitoring (Type 2)).

7. Storage, Outdoor: Donation Bin

   1. Supplemental Standards

      1. The collection bin shall not be located within a frontage yard or within 10-feet of any property line.

      2. No more than one collection bin shall be located on any lot.

      3. Collection bins shall be emptied in accordance with their posted pick-up schedule, and the area surrounding the collection bins shall be maintained free of overflow goods and materials, litter, debris, posted bills, and graffiti at all times.

      4. In order to prevent unauthorized access to the collection bin, a tamper-resistant locking mechanism shall secure the opening of the collection bin.

      5. The collection bin shall be fabricated of durable, noncombustible, and waterproof materials.

      6. Collection bins shall be illuminated between sunset and sunrise by a light source providing at least one footcandle of light.

      7. The collection bin shall be clearly identified with the operator’s name, address, and telephone number, the lot owner’s name, address of the lot, the types of items or materials that may be deposited, the pick-up schedule, a notice that no material shall be left outside the enclosure, and instructions to call 311 to register any complaint regarding the collection bin with the Department of Building and Safety.

8. Storage, Outdoor: Cargo Container

   1. Supplemental Standards

      1. The entire lot shall be graded pursuant to Chapter IX. (Building Regulations), Div. 70. (Grading, Excavation and Fills) of this Code.

      2. All driveways, accessways, and parking areas shall be covered with a decomposed granite, crushed gravel, or similar material and be treated with dust control methods.

      3. All containers shall be empty and cleaned of any residue which may pose any kind of physical or health risk.

      4. The stacking of cargo containers more than 20 feet high shall only be permitted if a structural analysis done by a licensed engineer or architect in the State of California is submitted to and approved by the Department of Building and Safety.

      5. An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.3. (Annual Inspection Monitoring (Type 1)).

9. Storage, Outdoor: Official Motor Vehicle Impound

   1. Supplemental Standards

      An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.3. (Annual Inspection Monitoring (Type 1)).

[Reserved]

1. Animal Products Processing

   1. Supplemental Standards

      The curing, tanning, or storage of raw animal hides is not permitted within 500 feet of a sensitive use, or a Residential Use District (Div. 5B.3.), Residential-Mixed Use District (Div. 5B.4.), or Agricultural Use District (Div. 5B.2.).

2. Manufacturing, Heavy: Petroleum & Coal Products

   1. Supplemental Standards

      In addition to a Conditional Use Permit with approval by the City Planning Commission, or the City Council, pursuant to Sec. 13B.2.3. (Class 3 Conditional Use Permit), new manufacturing, heavy: petroleum & coal products facilities and existing facilities expanding operations beyond the current property lines are required to:

      1. That any new or expanding manufacturing, heavy: petroleum & coal products facility comply with all of the required Unified Programs (Unified Hazardous Waste and Hazardous Materials Management Regulatory Program). California Environmental Reporting System (CERS) database submittals may serve as proof of compliance;

      2. Submit to the Department of City Planning and the City Planning Commission a health assessment of the project for the surrounding vicinity identifying pollution and population indicators, such as, but not limited to, those analyzed in the California Communities Environmental Health Screening Tool; the number of people affected by the project; short term or permanent impacts caused by the project; likelihood that impacts will occur; and recommended mitigation measures; and

      3. Submit to the Department of City Planning and the City Planning Commission a truck routing plan that minimizes the incidence of a commercial truck traveling past sensitive uses.

3. Salvage Yard

   1. Supplemental Standards

      An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.3. (Annual Inspection Monitoring (Type 1)).

4. Recycling Facility: Collection

   1. Supplemental Standards

      1. The recycling facility: collection shall not be located within a frontage yard or within 10-feet of any property line or any other building located on the same site.

      2. All deposited goods and materials, temporary installations, debris, trash, and any other material associated with the use shall be placed or stored in a fully covered and enclosed recycling facility, and not be left or stored outdoors beyond the hours of operation.

      3. Collection facilities shall be emptied in accordance with their posted pick-up schedule, and the area surrounding the collection bins shall be maintained free of overflow goods and materials, litter, debris, posted bills, and graffiti at all times.

      4. In order to prevent unauthorized access to the collection facility, a tamper-resistant locking mechanism shall secure the opening of the collection facility.

      5. The receptacle, container, or bin in which goods and materials are stored shall be fabricated of durable, noncombustible, and waterproof materials.

      6. The recycling collection facility enclosure shall be clearly identified with the operator’s name, address, and telephone number, the lot owner’s name, address of the lot, the types of items or materials that may be deposited, the pick-up schedule, a notice that no material shall be left outside the enclosure, and instructions to call 311 to register any complaint regarding the facility with the Department of Building and Safety.

      7. An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.3. (Annual Inspection Monitoring (Type 1)).

5. Recycling Facility: Sorting & Processing

   1. Supplemental Standards

      1. All leachates shall be collected, controlled, disposed of, and shall not be allowed to remain at the lot at any time.

      2. An annual site inspection shall be conducted by LADBS, pursuant to Sec. 13B.10.3. (Annual Inspection Monitoring (Type 1)).

6. Waste Facility: Organic Waste

   1. Supplemental Standards

      All leachates shall be collected, controlled, disposed of, and shall not be allowed to remain at the lot at any time.

7. Waste Facility: Hazardous Waste, & Solid Waste

   1. Supplemental Standards

      All leachates shall be collected, controlled, disposed of, and shall not be allowed to remain at the lot at any time.

   2. Supplemental Findings

      In addition to the other findings required by Sec. 13B.2.3. (Class 3 Conditional Use Permit), the City Planning Commission shall make all of the following findings:

      1. That the proposed location of the facility will not result in an undue concentration of waste processing facilities in the immediate area, will not create a cumulative impact with special consideration given to the location of waste facilities already permitted, and will support the equitable distribution of these facilities citywide.

      2. That the facility will not detrimentally affect nearby residential uses and other sensitive land uses, taking into consideration the number and proximity of residential buildings, churches, schools, hospitals, public playgrounds, nursing homes, daycare centers, and other similar uses within a 1,500-foot radius of the proposed lot.

      3. That the facility operator will provide community benefits as determined appropriate to businesses and residents likely to be impacted by this facility, taking into consideration the location of the proposed lot and nearby uses.

8. Mineral & Ore Extraction

   1. Supplemental Findings

      In addition to a Conditional Use Permit with approval by the City Planning Commission, pursuant to Sec. 13B.2.3. (Class 3 Conditional Use Permit), new mineral & ore extraction facilities and existing facilities expanding operations beyond the current property lines are required to:

      1. Comply with all of the required Unified Programs (Unified Hazardous Waste and Hazardous Materials Management Regulatory Program). California Environmental Reporting System (CERS) database submittals may serve as proof of compliance;

      2. Submit a health assessment of the project for the surrounding vicinity identifying pollution and population indicators, such as, but not limited to, those analyzed in the California Communities Environmental Health Screening Tool; the number of people affected by the project; short term or permanent impacts caused by the project; likelihood that impacts will occur; and recommended mitigation measures;

      3. Submit a health assessment of the project for the surrounding vicinity identifying pollution and population indicators, such as, but not limited to, those analyzed in the California Communities Environmental Health Screening Tool; the number of people affected by the project; short term or permanent impacts caused by the project; likelihood that impacts will occur; and recommended mitigation measures; and

      4. Submit a truck routing plan that minimizes the incidence of a commercial truck traveling past residences, churches, schools, hospitals, public playgrounds, nursing homes, child care centers, and other similar uses.

1. Animal Keeping: Bees

   1. Supplemental Standards

      1. Beekeeping operators shall be registered as a beekeeper with the Los Angeles County Agricultural Commission.

      2. A water source for bees shall be provided at all times on the lot where the bees are kept.

      3. The total number of beehives shall be limited to one for each 2,500 square feet of lot area.

      4. Beehives shall not be located within a frontage yard or within five feet of any property line.

2. Animal Keeping: Dairy

   1. Supplemental Standards

      1. The lot area for an animal keeping: dairy shall not be less than 20 acres.

      2. Where bovines are being kept, the number kept shall not exceed one bovine for each 4,000 square feet of lot area.

3. Animal Keeping: Equine, Commercial

   1. Supplemental Standards

      1. The lot area for an equine keeping use shall not be less than 17,500 square feet.

      2. The number of equines kept shall not exceed one equine for each 4,000 square feet of lot area.

      3. An animal which is under 12 months of age, and is the offspring of or is unweaned and being nursed by a female equine lawfully kept on the property where said animal is kept, shall not be considered an equine and shall be allowed by right on said property.

4. Animal Keeping: Equine, Non-commercial

   1. Supplemental Standards

      1. The lot area for an equine keeping use shall not be less than 17,500 square feet.

      2. The number of equines kept shall not exceed one equine for each 4,000 square feet of lot area.

      3. An animal which is under 12 months of age, and is the offspring of or is unweaned and being nursed by a female equine lawfully kept on the property where said animal is kept, shall not be considered an equine and shall be allowed by right on said property.

5. Animal Keeping: Livestock

   1. Supplemental Standards

      1. The lot area for an animal keeping: livestock use shall not be less than 17,500 square feet.

      2. The number of livestock kept shall not exceed one animal for each 4,000 square feet of lot area.

6. Animal Keeping: Small Animals

   1. Supplemental Standards

      1. When used for commercial purposes, the lot area for an animal keeping: small animals use shall not be less than five acres. There is no lot size minimum required for non-commercial animal keeping: small animals.

7. Plant Cultivation: Farming

   1. Supplemental Standards

      One farm stand having a floor area no larger than 200 square feet is allowed accessory to plant cultivation: farming provided it meets the following standards:

      1. Only agricultural products produced on the lot may be sold at the farm stand.

      2. The farm stand shall be set back a minimum of 10 feet from all frontage lot lines.

Special use programs are established for uses that require a detailed and prescriptive set of performance standards for safe, orderly, and efficient operation, in addition to any general use standards and supplemental standards or findings that may be included in the Use District table.

1. Intent

   The Inclusionary Housing Program is intended to ensure the development of housing that is affordable to a range of households at all income levels by requiring that a portion of all projects involving the construction of dwelling units, referred to in this Section (Inclusionary Housing Program) as an inclusionary housing project, pursuant to this program includes restricted affordable units. When implemented, this program will help to increase the availability of dwelling units at all income levels, and help the City meet its share of regional housing needs in a manner that is consistent with the General Plan and other City policies related to housing.

2. Applicability

   1. The requirements of this Section (Inclusionary Housing Program) apply to a project involving new construction, a major remodel, a use modification, or a renovation, that will result in 10 or more dwelling units on a lot included on the Inclusionary Housing Map, as established in Sec. 1.5.10. (Inclusionary Housing Map), and as outlined in the Subsections below.

   2. The requirements of this Section (Inclusionary Housing Program) do not apply to a project involving new construction, a major remodel, a use modification, or a renovation, that will result in 9 or fewer dwelling units. These projects are considered permitted if the applied Use District specifies the use permission level of “S” or “S*” for the dwelling use, but may be subject to additional use standards as established in the applied Use District (Part 5B.).

   3. Lots that have not been designated on the Inclusionary Housing Map shall not be subject to the requirements of this Section (Inclusionary Housing Program).

   4. An adaptive reuse project in accordance with Sec. 9.4.5. (Downtown Adaptive Reuse Program) or Sec. 9.4.6. (Citywide Adaptive Reuse Program) shall not be subject to the requirements of this Section (Inclusionary Housing Program).

   5. A project subject to this Section (Inclusionary Housing Program) shall be referred to as an inclusionary housing project.

3. Inclusionary Standards

   An inclusionary housing project shall comply with the following requirements in this Subsection (Inclusionary Standards), or the requirements of an applicable Community Plan Implementation Overlay, unless a project otherwise complies with the alternatives established in Subsection D. (Inclusionary Alternatives) below.

   1. Inclusionary Rental (IR)

      An inclusionary housing project providing dwelling units which are for rent shall set aside the minimum required restricted affordable units for rent provided in the applicable Inclusionary Program Set Designation. Dwelling units within the project which are for sale shall not be subject to the minimum required restricted affordable units.

   2. Inclusionary Rental & For-Sale (IRF)

      An inclusionary housing project providing dwelling units which are either rental, for-sale, or a combination of both, shall set aside the minimum required restricted affordable units as required by the designated Affordability Requirement Set. The designated Affordability Requirement Set shall be determined for a lot by referring to the Inclusionary Housing Map.

   3. Inclusionary Program Set Designations

      An inclusionary housing project shall provide, at minimum, the percentage of restricted affordable units specified in at least one of the income ranges listed in the applicable Affordability Requirement Set, as established below. The applicable Affordability Requirement Set for an inclusionary housing project shall be based on the Inclusionary Housing Set the project is located within on the Inclusionary Housing Map.

      Affordability Requirement Sets
      Inclusionary Housing Set	Affordability Requirements
      	Acutely Low Income	Extremely Low Income	Very Low Income	Low Income	Moderate Income
      A	8%	8%	10%	12%	16%
      B	12%	13%	15%	17%	28%
      C	80%	80%	80%	80%	80%

      1. Calculating Required Units

         The minimum percentage of required restricted affordable units shall be calculated based on the total number of dwelling units in the inclusionary housing project. Any number resulting in a fraction shall be rounded up to the next whole number, and not calculated as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit). Restricted affordable units provided pursuant to this program may also count towards the affordable housing incentive programs established in Sec. 9.2.1. (Density Bonus) or Sec. 9.3.2. (Local Affordable Housing Incentive Program), provided they comply with the requirements in those Sections.

      2. For-Sale Units

         Restricted affordable units which are offered on a for-sale bases shall be subject to an applicant agreement with the Los Angeles Housing Department that ensures that a for-sale unit that qualified the applicant for the Inclusionary Housing Program meets either of the following conditions:

         1. The unit is initially occupied by a moderate income household, low income household, very low income household, or extremely low income household, as required, and it is offered at an affordable housing cost, as that cost is defined in California Health and Safety Code, Sec. 50052.5. (Definitions) and is subject to an equity sharing agreement; or

         2. The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in the California Revenue and Taxation Code, Sec. 402.1. (General Requirements), Paragraph (10). and that includes all of the following:

            1. A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit housing corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser;

            2. An equity sharing agreement, as specified in Paragraph 4. (Equity Sharing Agreement) of Subsection E. (Records & Agreements) below; and

            3. Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to moderate income households, low income households, very low income households, or extremely low income households, as defined in California Health and Safety Code, Sec. 50052.5. (Definitions).

      3. Restricted Affordable Unit Size & Distribution

         The size, construction finishes, and distribution of all required restricted affordable units shall be provided in accordance with any guidelines established by the Los Angeles Housing Department.

   4. Non Designated Lots

      Lots that have not been designated on the Inclusionary Housing Map are not be subject to the requirements of this Section (Inclusionary Housing Program). Residential uses on non-designated lots with an applied Use District assigning an S (Special Use Program) permission level shall be permitted in accordance with Sec. 5A.3.2. (Permitted (P)), in addition to any applicable general or supplemental use standards as indicated by an asterisk (*) in accordance with Sec. 5A.3.3. (Use Standard Applies).

4. Inclusionary Alternatives

   In lieu of compliance with the requirements in Subsection C. (Inclusionary Standards) above, the requirements of this Section (Inclusionary Housing Program) may be satisfied by implementing one of the following alternatives if approved pursuant to the applicable process in Subsection F. (Procedures) below.

   1. In-Lieu Fee

      The affordability provisions of this program may be satisfied by the payment of an in lieu fee to the City in lieu of constructing the restricted affordable units within the inclusionary housing project. The fee is due and payable to the Affordable Housing Trust Fund, established in Chapter 122. (Affordable Housing Trust Fund), Div. 5. (Finance) of the LAAC at the time of and in no event later than issuance of the first building permit, concurrent with and proportional to project phases. The developer may defer payment of all or a portion of the in lieu fee until, but no later than issuance of the Certificate of Occupancy, by payment of a deferral surcharge, as established in Paragraph d. (Deferral Surcharge), below, with the in lieu fee. The in lieu fee shall be determined by the City based on the following:

      1. Fee

         The amount of the in lieu fee shall be determined by the number of dwelling units equivalent to 1.1 times the required number of on-site restricted affordable units for the inclusionary housing project, in the same proportion of affordability, multiplied by the applicable affordability gap, as established in Paragraph b. (Affordability Gap) below.

      2. Affordability Gap

         The City shall identify the affordability gap for rental and ownership units of each bedroom size (studio, one bedroom, two bedroom and three bedroom) for each required affordability level supported by a study (affordability gap study) that considers the following:

         1. Rental Units

            For rental dwelling units, the study shall collect and determine, by unit type and affordability level, the following information from recently completed affordable housing projects funded by the City’s Affordable Housing Trust Fund: total development costs and operating expenses. The study shall also determine the amount of permanent financing available based on restricted rents and prevailing interest rates. The difference between the total development cost and permanent financing amount shall be the affordability gaps per unit by unit type and affordability level.

         2. For-Sale Units

            For for-sale dwelling units, the study shall identify the market median sales prices by unit type in the 34 Community Plan areas. It shall determine the restricted sales prices of for-sale units by unit type and affordability level. The difference between the market median sales price and the restricted sales price shall be the affordability gaps per unit by unit type and affordability level.

      3. Bi-Annual Fee Adjustment

         The City shall adjust the in lieu fee every two years, based on the results of a new affordability gap study. An affordability gap study, the proposed adjusted affordability gaps, and the adjusted fees shall be published within two years of the date that the original affordability gaps study is released, and consecutively thereafter by the date that is two years after the release of the previous affordability gaps study. If the City does not meet the deadline in this paragraph, the in lieu fee will remain set at the existing level until the provisions of this paragraph are met.

      4. Deferral Surcharge

         The deferral surcharge will be assessed at the Wall Street Journal Prime Rate plus 200 basis points at the time such fee is due, (at the issuance of the building permit). The deferral surcharge fee shall be deposited into the Affordable Housing Trust Fund established in Chapter 122. (Affordable Housing Trust Fund), Div. 5. (Finance) of the LAAC.

5. Records & Agreements

   Prior to the issuance of a building permit, the following requirements shall be met.

   1. Restricted Affordable Unit Covenants

      For any inclusionary housing project that contains restricted affordable units, a covenant acceptable to the Los Angeles Housing Department must be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for at least 99 years, except as established in Subparagraph a., Subparagraph b., and Subparagraph c. below, from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. The following are exempt from the 99 year covenant length:

      1. An inclusionary housing project in which 100 percent of all dwelling units, exclusive of a manager unit or units, are restricted affordable units, which are subject to a recorded affordability restriction of at least 55 years or utilize public subsidies that are tied to a specified covenant period. At minimum, all restricted affordable units in the inclusionary housing project shall be covenanted for at least 55 years; or

      2. A mixed-income inclusionary housing project utilizing public subsidies that are tied to a specified covenant period. At minimum, all restricted affordable units in the inclusionary housing project shall be covenanted for at least 55 years; or

      3. Inclusionary housing projects financed by low-income housing tax credits. At minimum, all restricted affordable units in the inclusionary housing project shall be covenanted for at least 55 years.

   2. Conflicts of Duration of Affordability Covenants

      If the duration of affordability covenants established in Paragraph 1. (Restricted Affordable Unit Covenants) above conflicts with the duration for any other government requirement, the longest duration controls.

   3. Right of Enforcement

      Any covenant described in this Section (Inclusionary Housing Program) must provide for a right of enforcement by the City, any tenant, and the owner of any building to which a covenant and agreement applies.

   4. Equity Sharing Agreement

      An inclusionary housing project that has opted to an equity sharing agreement for for-sale restricted affordable units shall be required to enter into an agreement with the Los Angeles Housing Department as outlined below, unless it is in conflict with the requirements of another public funding source or law.

      1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.

      2. Except as provided in Subparagraph e. below, the local government shall recapture any initial subsidy, as defined in Subparagraph c. below, and its proportionate share of appreciation, as defined in Subparagraph d. below, which amount shall be used within five years for any of the purposes described in the California Health and Safety Code Sec. 33334.2., Subdivision (e). that promote home ownership.

      3. For purposes of the equity sharing agreement, the Los Angeles Housing Department’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

      4. For purposes of the equity sharing agreement, the Los Angeles Housing Department’s proportionate share of appreciation shall be equal to the ratio of the Los Angeles Housing Department’s initial subsidy to the fair market value of the home at the time of initial sale.

      5. If the unit is purchased or developed by a qualified nonprofit housing corporation the Los Angeles Housing Department may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by California Health and Safety Code, Sec. 50079.5. within the jurisdiction of the Los Angeles Housing Department.

6. Procedures

   The Department of Building and Safety shall issue a building permit for any inclusionary housing project that meets the requirements of this Section (Inclusionary Housing Program).

   1. Administrative Guidelines

      An inclusionary housing project utilizing an alternative in Subsection D. (Inclusionary Alternatives) above, shall also require approval from the Department of City Planning pursuant to Sec. 13B.3.1. (Administrative Review).

1. Intent

   To allow for the efficient use and sharing of a residential structure which is a host’s primary residence, without detracting from the surrounding residential character or the City’s available housing stock.

2. Definitions

   The following definitions shall apply to this Section (Home-Sharing Program):

   1. Administrative Guidelines

      The Department of City Planning or Office of Finance may promulgate regulations, which may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, enforcement procedures, and disclosure requirements, to implement the provisions, and consistent with the intent, of this Section (Home-Sharing Program).

   2. Booking Service

      A booking service is defined as any reservation or payment service provided by a person that facilitates a short-term rental transaction between a person and a prospective guest or transient user, and for which the person collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation or payment of services provided for the transaction.

   3. Citation

      Citation includes any enforcement citation, order, ticket or similar notice of violation, relating to the condition of or activities at a person’s primary residence or property, issued by the Department of Building and Safety, Los Angeles Housing Department, Los Angeles Police Department, or Los Angeles Fire Department, including an Administrative Citation issued pursuant to Chapter I. (General Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code.

   4. Extended Home-Sharing

      Extended home-sharing is defined as home-sharing that is permitted for an unlimited number of days in a calendar year.

   5. Host

      Host is defined as an individual who is registered for home-sharing pursuant to this Section (Home-Sharing Program).

   6. Hosting Platform

      Hosting platform is defined as a person that participates in short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking service transaction using any medium of facilitation.

   7. Person

      Person shall have the same meaning as that term is defined in Chapter II. (Licenses, Permits, Business Regulations), Sec. 21.7.2. (Definitions) of this Code.

   8. Platform Agreement

      Platform agreement is defined as a signed agreement between a hosting platform and the City, which, among other things, provides that the platform will collect and submit the Transient Occupancy Tax to the City on behalf of hosts and persons listed for short-term rentals.

   9. Primary Residence

      Primary residence is defined as the sole residence from which the host conducts home-sharing and in which the host resides for more than six months of the calendar year.

   10. Rental Unit

       Rental unit is defined as a dwelling unit or residential structure, or portion thereof.

   11. Short-Term Rental

       Short-term rental is defined as a rental unit, rented in whole or in part, to any person(s) for use of 30 consecutive days or less. Rental units within City-approved lodging uses shall not be considered a short-term rental.

   12. Transient

       Transient shall have the same meaning as that term is defined in Chapter II. (Licenses, Permits, Business Regulations), Sec. 21.7.2. (Definitions) of this Code.

3. Home-Sharing Registration

   To register a home-sharing, home-based business, the applicant shall provide the material below to the satisfaction of the Director of Planning within 45 days of when the application is first submitted:

   1. Information verifying the host’s identification and primary residence;

   2. Identification of a local responsible contact person;

   3. A list of all hosting platforms to be used;

   4. Whether home-sharing is for an entire rental unit or a portion thereof;

   5. Any other information required by the instructions on the application or by the guidelines promulgated by the Director of Planning; and

   6. Payment of any filing fee required under Article 15. (Fees).

4. Eligibility Requirements

   The following requirements shall be met at the time of submitting an application for home-sharing registration:

   1. The applicant has obtained a Transient Occupancy Registration Certificate from the Office of Finance pursuant to Chapter II. (Licenses, Permits, Business Regulations), Sec. 21.7.6. (Registration) of this Code, unless the applicant exclusively lists their primary residence on hosting platforms that have a platform agreement with the City of Los Angeles.

   2. The proposed home-sharing is consistent with the provisions of this Subsection (Eligibility Requirements) and is limited to the host’s primary residence.

      1. A renter or lessee shall not engage in home-sharing without prior written approval of the landlord. A renter or lessee shall provide copies of the landlord’s written approval to the City at the time of filing the application for registration. A landlord may proactively prohibit home-sharing by tenants at any or all of the owner’s properties by submitting a notification in writing to the Department of City Planning.

      2. A primary residence that is subject to affordable housing covenants, or Chapter XV. (Rent Stabilization Ordinance) of this Code, or are income-restricted under city, state, or federal law, is not eligible for home-sharing.

      3. No primary residence which is the subject of any pending citation may be registered for home-sharing.

      4. No person may apply for or obtain more than one home-sharing registration or otherwise operate more than one home-sharing rental unit at a time in the City of Los Angeles.

5. Expiration & Renewal

   1. A home-sharing registration is valid for one year from the date of issuance. It may not be transferred or assigned and is valid only at the host’s primary residence. A home-sharing registration may be renewed annually if the host:

      1. Pays the renewal fee;

      2. Has complied with the provisions of this Section (Home-Sharing Program) for the past year;

      3. Provides information concerning any changes to the previous application for, or renewal of, the home-sharing registration; and

      4. Submits home-sharing records described in Sec. 5C.3.2.H. (Host Requirements) below for the last year to demonstrate compliance with this Section (Home-Sharing Program), unless the host lists exclusively on a hosting platform with a platform agreement that includes a provision for pass-through registration for applicants for a home-sharing registration.

   2. The records described in Sec. 5C.3.2.H. (Host Requirements) below shall be made public to the extent required by law.

6. Suspensions & Revocations

   Notwithstanding any other provision to the contrary, the Director of Planning may require the suspension, modification, discontinuance or revocation of any home-sharing registration if it is found that the host has violated this Section (Home-Sharing Program) or any other city, state, or federal regulation, ordinance or statute.

   1. Suspension

      If a host receives two citations, the host’s home-sharing registration shall be suspended for 30 days, or as long as at least one citation is open, whichever is longer. The suspension shall become effective 15 days after the mailing of a Notice of Intent to Suspend the host. If a host initiates an appeal of either citation, the suspension will take effect only if the appeal is not resolved entirely in the host’s favor.

      1. A host may challenge a citation by submitting an appeal to the City department that issued the citation and providing notice to the Department of City Planning as described in the Administrative Guidelines.

      2. Where no process is described in the citation, a host may challenge a citation by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-Compliance), with no further appeal to a commission or City Council.

   2. Revocation

      If three citations have been issued to the host and have been sustained (after exhaustion of any related remedies, including appeals) within a registration year, the host’s home-sharing registration shall be revoked. The revocation of a host’s home-sharing registration shall become effective 15 days after the mailing of a Notice of Intent to Revoke to the host.

      1. A host may challenge a Notice of Intent to Revoke by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-Compliance), with no further appeal to a commission or City Council.

      2. Pursuant to the revocation, the host shall be prohibited from participating in home-sharing for one year from the effective date of the Notice of Intent to Revoke.

   3. Modification

      The Zoning Administrator may modify, discontinue or revoke any home-sharing registration based upon an order to show cause, pursuant to Sec. 13B.6.2.A.1. (Zoning Administrator Authority), why any proposed modifications, discontinuances or revocations of any home-sharing registration should not be issued. The Zoning Administrator shall provide notice to the host or recorded owner and lessees of the host’s primary residence to appear at a public hearing at a time and place fixed by the Zoning Administrator to respond to the Zoning Administrator's order to show cause.

7. Prohibitions

   1. No person shall offer, advertise, book, facilitate or engage in home-sharing or short-term rental activity in a manner that does not comply with this Section (Home-Sharing Program).

   2. No person or host may advertise a rental unit for short term rental or home sharing unless all advertisements clearly list a City-issued home sharing registration number for that rental unit.

   3. No host shall engage in home-sharing for more than 120 days in any calendar year unless the City has issued the host an extended home-sharing registration pursuant to Subsection K. (Extended Home-Sharing) below.

   4. Accessory dwelling units for which a complete building permit application was submitted on or after January 1, 2017, to the Department of Building and Safety pursuant to Sec. 13B.10.1.B.2(a) (General Provisions; Permits and Vesting of Development Plan) may not be used for home-sharing, unless an applicant demonstrates the accessory dwelling unit is the applicant’s primary residence.

   5. No host shall offer, advertise, or engage in home-sharing in a non-residential building, including but not limited to, a vehicle parked on the property, a storage shed, trailer or any temporary structure, including, but not limited to, a tent.

   6. If a host lists a primary residence on multiple listings on multiple hosting platforms, only one listing shall be booked at any given time.

   7. A host shall not rent all or a portion of their primary residence for the purposes of home-sharing to more than one group of guests or under more than one booking, at any given time.

   8. Home-sharing is not permitted in buildings that have been converted from units subject to Chapter XV. (Rent Stabilization Ordinance)of this Code to single-unit dwellings until five years after the date of conversion.

   9. Except for allowable household business: home occupation uses, non-residential uses including, but not limited to, sales or exchange of products, events that charge a fee, or the promotion, display or servicing of any product shall not be permitted during home-sharing activity.

   10. A host shall only advertise on a hosting platform that was listed on the host’s home-sharing application form, unless the host has submitted a written request and received written approval from the Department of City Planning to use another hosting platform.

   11. No more than two overnight guests (not including children) are allowed per habitable room, not including kitchens, during home-sharing activities.

   12. There shall be no use of sound amplifying equipment, as that term is defined in Chapter XI. (Noise Regulation), Sec. 111.01. (j). (Definitions) of this Code after 10:00 pm and no evening outdoor congregations of more than eight people (excluding children) during home-sharing activities. Home-sharing activities are subject to the noise regulations in Chapter XI. (Noise Regulation) of this Code.

   13. A host whose home-sharing registration has been suspended is prohibited from participating in home-sharing for the duration of the suspension.

   14. A host whose home-sharing registration has been revoked may not participate in home-sharing unless and until a new registration is authorized.

8. Host Requirements

   1. A host, or owner of the host’s primary residence if the host does not own it, may be responsible for any nuisance violations, as described in Sec. 13B.6.2. (Nuisance Abatement/Revocation), arising at the host’s primary residence during home-sharing activities. Either the host, or owner of the host’s primary residence if the host does not own it, may be assessed a minimum inspection fee, as specified in Chapter IX. (Building Regulations), Sec. 98.0412. (Inspection Fees) of this Code for each site inspection.

   2. The host shall keep and preserve, for a minimum period of three years, all records regarding each home-sharing stay, including the length of stay and the price paid for each stay, and any other records required by Administrative Guidelines promulgated by the Director of Planning.

   3. On the home-sharing registration application, a host shall acknowledge and consent to Office of Finance and other City agencies’ inspection of records at all reasonable times and places for purposes of enforcement of this Section (Home-Sharing Program).

   4. The host shall fully comply with all the requirements of Chapter II. (Licenses, Permits, Business Regulations), Article 1.7. (Transient Occupancy Tax) of this Code.

   5. The host shall pay a per-night fee for each night of home-sharing, which will be deposited into the Short Term Rental Enforcement Fund per the requirements in Sec. 5.576. (Creation and Administration of the Short-Term Rental Enforcement Trust Fund) of the LAAC. The City Council shall adopt, by resolution, a per-night fee based on an analysis of the cost of implementing, maintaining, and enforcing this Section (Home-Sharing Program).

   6. Every host shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life and safety codes; information related to emergency exit routes on the property and contact information, including the contact information of the host or a designated responsible agent of the host.

   7. Every host that lists a primary residence located in a Very High Fire Hazard Severity Zone designated pursuant to California Government Code Sec. 51178. (Moderate, High, and Very High Fire Hazard Severity Zones) shall include in all host listings and post written notices on any patio or deck that smoking is not permitted in any exterior of the property.

   8. Every host shall provide a code of conduct to guests that includes the relevant provisions of this Section (Home-Sharing Program) and other information to address behavioral, safety, security, and other matters, as required in the Department of City Planning Administrative Guidelines.

   9. Every host shall authorize any hosting platform on which their primary residence is listed to provide to the City the host listing and other information described in Paragraph 4. of Subsection I. (Hosting Platform Responsibilities) below.

   10. Every host shall consent to receive all City notices and citations regarding their home-sharing registration by U.S. mail.

9. Hosting Platform Responsibilities

   1. Hosting platforms shall not process or complete any booking service transaction for any person, unless the person has a valid home-sharing registration number issued by the City.

   2. Hosting platforms shall not process or complete any booking service transaction for any host listing that has exceeded the authorized 120-day limit in one calendar year, unless the host has obtained an extended home-sharing approval.

   3. Within 45 days of the effective date of this Section (Home-Sharing Program), hosting platforms with listings located in the City shall provide to the Department of City Planning the contact information for an employee or representative responsible for responding to requests for information, including requests related to possible violations of this Section (Home-Sharing Program). Hosting platforms that commence listings in the City after the effective date shall provide this information prior to facilitating home-sharing activity or providing booking services within the City.

   4. Subject to applicable laws, a hosting platform with listings in the City shall provide to the Department of City Planning, on at least a monthly basis, in a format as specified by the City, the home-sharing registration number of each listing, the name of the person responsible for each listing, the street address of each listing and, for each booking that occurs within the reporting period, the number of days booked.

   5. In the event a hosting platform has entered into an agreement with the Office of Finance to collect and remit transient Occupancy Tax pursuant to Chapter II. (Licenses, Permits, Business Regulations), Article 1.7. (Transient Occupancy Tax) of this Code, and a host has assigned the responsibilities for the collection and remittance of the transient Occupancy Tax to the hosting platform, then the hosting platform and the host shall have the same duties and liabilities, including but not limited to the collection and remittance of the tax to the City on a monthly basis.

   6. Exception

      The provisions of this Subsection I. (Hosting Platform Responsibilities) shall not apply to a hosting platform whenever it,

      1. Complies with the Administrative Guidelines, issued by the Department of City Planning and approved by resolution of the City Council, that describe how the hosting platform shall satisfy the hosting platform responsibilities in this Subsection I. (Hosting Platform Responsibilities), or

      2. Enters into a platform agreement, the terms of which shall be set forth in a master platform agreement approved by the City Council, that establishes the manner in which the hosting platform supports the City's enforcement of this Section (Home-Sharing Program) and meets the purposes of the hosting platform responsibilities in this Subsection I. (Hosting Platform Responsibilities). Each individual platform agreement shall be approved by the City Council.

10. Enforcement of Violations

    1. The provisions in this Subsection (Enforcement of Violations) shall be in addition to any criminal, civil, or other legal remedy established by law that may be pursued to address violations of this Section (Home-Sharing Program).

    2. Any person who has failed to comply with the provisions of this Section (Home-Sharing Program) may be subject to the provisions of Chapter I. (General Provisions and Zoning), Sec. 11.00. (Provisions Applicable to Code) of this Code. The owner or operator of any property used for home-sharing, including the host or owner of any host's primary residence, may be assessed a minimum inspection fee, as specified in Chapter IX. (Building Regulations), Sec. 98.0412. (Inspection Fees) of this Code for each site inspection.

    3. The Director of Planning may, at any time, require the modification, discontinuance, or revocation of any home-sharing registration in the manner prescribed in Subsection F. (Suspensions & Revocations) above.

    4. The Administrative Citation Enforcement (ACE) program in Chapter I. (General Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code may be utilized to issue Administrative Citations and impose fines pursuant to this Section (Home-Sharing Program). The citation shall be served by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the operator of the short-term rental, the host, or the property owner, if different than the operator or host, shown on the County’s last equalized property tax assessment roll. Fines for violations of this Section (Home-Sharing Program) shall be as follows:

       1. Hosting platform: a $1,000 fine per day shall be imposed for any of the following violations:

          1. Completing a booking service transaction for each listing without a valid City home-sharing registration number or pending registration status number.

          2. Completing a booking service transaction for each listing where more than one property is affiliated with a single host, or each listing where the host’s home address does not match the listing location.

          3. Completing a booking service transaction for any listing for a rental unit where the host’s home-sharing or extended home-sharing registration has been revoked or suspended by the City.

          4. Completing a booking service transaction for any rental unit lacking extended home-sharing approval that has exceeded the authorized 120-day limit for hosting short-term rentals in one calendar year.

       2. Owner of primary residence or host or person:

          1. A daily fine of $500, or two times the nightly rate charged, whichever is greater, for advertising a rental unit for the purposes of short-term rental in violation of this Section (Home-Sharing Program).

          2. A daily fine of $2,000, or two times the nightly rent charged, whichever is greater, for each day of home-sharing activity beyond the 120 day limit in a calendar year, unless the host has a valid extended home-sharing registration.

          3. For all other violations of this Section (Home-Sharing Program), the administrative fine shall be levied according to the amounts described in Chapter I. (General Provisions and Zoning), Sec. 11.2.04. (a)(2) (Administrative Fines) of this Code. The square footage for the use in calculating the fine shall be the amount of indoor space to which the transient guest has access. If the square footage is unable to be ascertained, it shall be deemed to be between 500 and 2,499 square feet.

       3. The fine amounts listed above shall be updated annually, from the date of effective date of this ordinance, according to the Consumer Price Index for All Urban Consumers (CPI-U).

11. Extended Home-Sharing

    For hosts who participate in extended home-sharing, the following shall apply:

    1. Application & Eligibility Requirements

       1. Ministerial Approval

          Extended home-sharing may be approved by the Director of Planning if, in addition to the eligibility requirements for home-sharing, all of the following requirements are met:

          1. The host maintains a current home-sharing registration and has maintained a home-sharing registration for at least six months or has hosted for at least 60 days based on substantial evidence provided by the host or hosting platform.

          2. No more than one citation was issued within the prior three years.

          3. The host provides proof of mailing of a notification concerning commencement of extended home-sharing, which includes a Director of Planning-issued publication outlining the complaint process, to abutting owners and occupants on a form provided by the Department of City Planning.

       2. Discretionary Approval

          A discretionary review of an extended home-sharing application is required if the host complies with Sub-subparagraph i. of Subparagraph a. (Ministerial Approval) above, but two citations have been issued within the prior three years.

       3. If the Director of Planning finds that the matter may have a significant effect on neighboring properties, the Director may set the matter for public hearing. Written notice of the hearing shall be sent by First Class Mail at least 21 days prior to the hearing to the applicant, owners, and tenants of the property involved, owners and tenants of all properties abutting the proposed extended home-sharing activity, the City Councilmember representing the area in which the property is located, and the applicable Neighborhood Council. If the Director determines that the matter will not have a significant effect on neighboring properties, no hearing shall be held.

       4. The extended home-sharing application may only be approved if, in addition to the eligibility requirements for home-sharing, all of the following requirements are met, to the satisfaction of the Director:

          1. The host provides proof of mailing of a notification, which includes a Director of Planning-issued publication outlining the complaint process, to abutting owners and occupants on a form provided by the Department of City Planning.

          2. In consideration of any comments received by the public on the application, the Director finds the use is in substantial conformance with the following findings:

             1. That the extended home-sharing will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, City, or region;

             2. That the extended home-sharing operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, the availability of housing, or the public health, welfare, and safety;

             3. That the extended home-sharing substantially conforms with the purpose, intent, and provisions of the General Plan, the applicable community plan, and any applicable Specific Plan; and

             4. That there is no substantial evidence of continued nuisance behavior from the location.

       5. If no appeal is filed within 15 days from the date of the Director’s determination approving or denying an extended home-sharing application, the Director’s decision is final. An appeal to the Area Planning Commission may be filed by the applicant or any abutting owner and occupant. An appeal shall be filed at the public counter of the Department of City Planning within 15 days of the date of the Director’s decision. The appeal shall set forth specifically how the appellant believes the Director’s findings and decision are in error. The Area Planning Commission may grant, conditionally grant, or deny the appeal. The failure of the Area Planning Commission to act upon an appeal within 75 days after the expiration of the appeal period, or within an additional period as may be agreed upon by the applicant and the Director, shall be deemed a denial of the appeal and the original action on the matter shall become final.

          1. Ineligibility

             If the host’s home-sharing registration has been suspended or revoked, the host is not eligible to apply for extended home-sharing for two years from the effective date of the revocation or suspension or as long as a citation remains open or unresolved, whichever is later.

          2. Expiration & Renewal

             An extended home-sharing registration is valid for one year from the date of issuance. An extended home-sharing registration is subject to the same expiration and renewal terms described in Subsection E. (Expiration & Renewal) above and may be renewed annually if the host meets the same renewal requirements in that Subsection.

          3. Revocations

             An extended home-sharing approval shall be revoked if there are two citations within a registration year in accordance with the process set forth in Subsection F. (Suspensions & Revocations) above. Pursuant to the revocation, the host shall be prohibited from participating in home-sharing for two years from the effective date of the Notice of Revocation or as long as a citation remains open or unresolved, whichever is later.

12. Administration & Regulations

    No person shall fail to comply with the Administrative Guidelines.

13. Effective Date

    This effective date of this Section (Home-Sharing Program) is July 1, 2019.

1. Intent

   To enable regulations for alcohol sales to be applied through an opt-in program that serves as an alternative to traditional conditional use permit in compliance with the California Constitution. Alternative permission areas allow for the sale or dispensing of alcoholic beverages to be tailored to local neighborhoods and districts in accordance with the needs of the surrounding economic and social context, while protecting public health, safety, and welfare.

2. Applicability

   1. For establishments on lots identified as being within an Alcohol Permission Area, as established in Sec. 1.5.9. (Alcohol Permission Area Map), all uses involving the sale or dispensing of alcoholic beverages (eating & drinking: alcohol service, and retail: alcohol uses) shall be subject to the use permission levels and performance standards as established in Subsection C. (Alcohol Permission Area Standards) below that correspond to the specified Alcohol Permission Area designation.

   2. Establishments on lots not designated as being within a specific Alcohol Permission Area as established in Sec. 1.5.9. (Alcohol Permission Area Map) shall require review and approval by the Zoning Administrator for the permission to sell or dispense of alcoholic beverages in accordance with Paragraph 5. (Unmapped/Noncompliant Establishments) of Subsection G. (Process) below.

   3. If the establishment or property has been the subject of Nuisance Abatement/Revocation pursuant to Sec. 13B.6.2. (Nuisance Abatement/Revocation) resulting in the revocation of any permit or imposition of any corrective conditions, all uses involving the sale or dispensing of alcoholic beverages shall require review and approval by the Zoning Administrator in accordance with Paragraph 5. (Unmapped/Noncompliant Establishments) of Subsection G. (Process) below.

   4. If the establishment is proposing to modify or expand existing alcohol service to an outdoor dining area, the operator may be permitted pursuant to the Outdoor Dining Area Administrative Alcohol Authorization Process in Paragraph 6. (Outdoor Dining Area Administrative Alcohol Authorization) of Subsection G. (Process), below.

3. Alcohol Permission Area Standards

   The allowance of eating & drinking: alcohol service and retail: alcohol uses shall be subject to the permission levels, performance standards, security standards, and supplemental procedures, which are applicable based on the designated Alcohol Permission Area as established in the table below. The standards are described fully in Subsection D. (Performance Standards), Subsection E. (Security Standards), and Subsection F. (Supplemental Procedures) below. Proposed uses shall be reviewed and permitted by their corresponding procedures as established in Subsection G. (Process) below.

   	Alcohol Sales Standard Applicability
   Alcohol Permission Areas	Alcohol Sensitive Sales Area	Limited Restaurant Beverage Area	Restaurant Beverage Area	Restaurant & Bar Nightlife Area
   Use Permission
   Eating & Drinking:
   Alcohol Service	Requires Class 2 CUP	Permitted	Permitted	Permitted
   Retail:
   Alcohol	Not Permitted	Requires Class 2 CUP	Requires Class 2 CUP	Requires Class 2 CUP
   Performance Standards (see Subsection D.)
   1.In Conjunction with Restaurant	Applicable	Applicable	Applicable	Not Applicable
   2.Lodging Establishments	Applicable	Applicable	Applicable	Not Applicable
   3.Food Halls/Courts	Applicable	Applicable	Applicable	Not Applicable
   4.Amount of Patron Seating	Not Applicable	Applicable	Applicable	Not Applicable
   5.Booth/Group Seating	Not Applicable	Applicable	Applicable	Not Applicable
   6.Private Dining & Banquet Rooms	Not Applicable	Applicable	Applicable	Not Applicable
   7.Hours of Operation	Applicable	Applicable	Applicable	Not Applicable
   8.Alcohol License Type	Applicable	Applicable	Applicable	Not Applicable
   9.Gross Sales Limit	Applicable	Applicable	Not Applicable	Not Applicable
   10.Serving of Alcohol	Applicable	Applicable	Applicable	Applicable
   11.Fixed Bar Areas	Applicable	Applicable	Applicable	Not Applicable
   12.Live Entertainment	Applicable	Applicable	Applicable	Not Applicable
   13.Dance Floors	Applicable	Applicable	Applicable	Not Applicable
   14.Pool/Billiard Tables	Applicable	Applicable	Applicable	Not Applicable
   15.Patron Access Requirements	Applicable	Applicable	Applicable	Not Applicable
   16.Adult-Oriented Activities	Applicable	Applicable	Applicable	Not Applicable
   17.Alcohol-Oriented Events	Applicable	Applicable	Applicable	Not Applicable
   18.Proximity to Agricultural or Residential Use Districts	Applicable	Applicable	Applicable	Applicable
   19.“Good Neighbor” Standards	Applicable	Applicable	Applicable	Applicable
   20.On-Site Notices & Information	Applicable	Applicable	Applicable	Applicable
   Security Standards (see Subsection E.)
   1.Interior Illumination	Applicable	Applicable	Applicable	Not Applicable
   2.Exterior Illumination	Applicable	Applicable	Applicable	Applicable
   3.Surveillance System	Applicable	Applicable	Applicable	Applicable
   4.Loitering	Applicable	Applicable	Applicable	Applicable
   5.Electronic Age Verification	Applicable	Applicable	Applicable	Applicable
   6.Patron & Employee Conduct	Applicable	Applicable	Applicable	Applicable
   7.On-Duty Authority	Applicable	Applicable	Applicable	Applicable
   8.“Responsible Beverage Service” (RBS) Training	Applicable	Applicable	Applicable	Applicable
   Supplemental Procedures (see Subsection F.)
   1.Notice of Application	Applicable	Applicable	Applicable	Applicable
   2.Preliminary Outreach	Applicable	Applicable	Not Applicable	Not Applicable
   3.Provisional Approval	Not Applicable	Applicable	Not Applicable	Not Applicable

4. Performance Standards

   The following standards apply if "Applicable" is provided for the Alcohol Permission Area for that performance standard type.

   1. In Conjunction With Restaurant

      Eating & drinking: alcohol service uses shall only be permitted in conjunction with a restaurant which complies with all of the following provisions:

      1. The establishment is a restaurant, which shall include an operational kitchen where food is prepared on-site and with a full menu containing an assortment of foods. Food service is available at all times during operating hours.

      2. The restaurant shall not include drive-through facilities.

      3. All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.

      4. The restaurant has a business tax registration certificate issued by the City of Los Angeles.

      5. Outdoor food and beverage service shall be limited to seated patrons.

   2. Lodging Establishments

      The restaurant providing alcohol service shall not be located in a lodging establishment.

   3. Food Halls/Courts

      There shall be no shared seating between the restaurant providing alcohol service uses and other restaurants.

   4. Amount of Patron Seating

      The restaurant providing alcohol service shall have between a minimum of 10 patron seats and a maximum of 150 patron seats. Any patron seating provided in an outdoor dining area that has less than 75 percent enclosure (regardless of covered area percentage), or less than 25 percent covered area (regardless of enclosure percentage), shall not be counted toward the maximum number of patron seats allowed.

   5. Booth/Group Seating

      Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. This requirement shall not apply to any booth or group seating provided in an outdoor dining area that has less than 75 percent enclosure (regardless of covered area percentage), or less than 25 percent covered area (regardless of enclosure percentage).

   6. Private Dining & Banquet Rooms

      Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to six feet above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be composed of a transparent surface and ensure the occupants are visible to persons looking into the private dining or banquet room. Hours of operation may be further limited by a use standard listed in the Use District table for the applied Use District (Part 5B.).

   7. Hours of Operation

      Daily hours of operation shall be limited to the hours between 7:00 am and 11:00 pm for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean-up and maintenance.

   8. Alcohol License Type

      The restaurant shall operate under a valid Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.

   9. Gross Sales Limit

      The establishment shall operate with gross annual sales of alcohol not in excess of 45 percent of the establishment’s total sales.

   10. Serving of Alcohol

       The serving of alcoholic beverages shall be subject to the following requirements:

       1. All service of alcoholic beverages shall be conducted by an employee.

       2. The establishment shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.

   11. Fixed Bar Areas

       The establishment shall only use fixed bars that are depicted on floor plans submitted to the Department of City Planning. Portable bars are prohibited.

   12. Live Entertainment

       Live entertainment, karaoke, or disc jockeys on the premises are prohibited.

   13. Dance Floors

       Dance floors or other designated dance areas on the premises are prohibited.

   14. Pool/Billiard Tables

       Pool tables and billiard tables are prohibited.

   15. Patron Access Requirements

       The establishment shall not impose any of the following patron restrictions or requirements:

       1. Minimum drink purchase required of patrons.

       2. Charge for admission.

       3. Age limitation restricting access to any portion of the restaurant.

       4. No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time. Any portion of the restaurant used for private events shall be subject to all the same applicable standards.

   16. Adult-Oriented Activities

       The establishment shall not engage in any of the following adult-oriented activities:

       1. Activities established in Sec. 5D.6.13. (Sexually Oriented Business).

       2. Solicitation or acceptance of any alcoholic or non-alcoholic beverage from any customer by any employee while working.

       3. Engage any employee for the specific purpose of sitting with or otherwise spending time with customers while on the premises.

   17. Alcohol-Oriented Events

       The establishment shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

   18. Proximity to Agricultural or Residential Use Districts

       For establishments on lots abutting or across an alley from a lot with an applied Agricultural Use District (Div. 5B.2.) or Residential Use District (Div. 5B.3.):

       1. Outdoor seating shall be limited to the ground story and surrounding grade only; and

       2. A wholly enclosed building, at least eight feet in height above-grade and extending the full length of the outdoor dining area, shall be located between the outdoor dining area and a lot with an applied Agricultural Use District (Div. 5B.2.) or Residential Use District (Div. 5B.3.) that may or may not be separated by an alley. The wholly enclosed building shall extend at minimum along the full length of the outdoor dining area. This requirement shall not apply to outdoor dining areas that comply with Sec. 5C.2.4.B. (Eating & Drinking: All) or outdoor dining permitted on a public sidewalk by a revocable permit issued by the Department of Public Works, Bureau of Engineering.

   19. “Good Neighbor” Standards

       All participating establishments shall be responsible for maintaining conformance with the following “good neighbor” standards:

       1. Debris & Litter

          The establishment shall maintain the premises and adjoining rights-of-way free of debris and litter.

       2. Graffiti Abatement

          Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.

       3. Waste Receptacles

          All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.

       4. Entertainment Equipment

          Entertainment equipment, including televisions monitors/screens, music/speakers shall be prohibited outdoors, and shall be limited to indoor ambient sound at a low volume that is not audible outside of the building.

   20. On-Site Notices & Information

       All participating establishments shall provide the following on-site notices and information on the premises:

       1. City-Issued Placard

          A placard pursuant to this Section (Alcohol Sales Program) issued by the Department of City Planning shall be posted by the establishment in an area clearly visible to the public, indicating that it is subject to the requirements and restrictions applicable to the designated Alcohol Permission Area.

       2. Copy of Alcohol Sales Program

          A copy of this Section (Alcohol Sales Program) shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.

       3. Complaint Number

          A telephone number and email address shall be maintained for complaints or concerns regarding the operation of the establishment. The phone number and email address shall be provided on the establishment's website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:

          1. Entry, visible to pedestrians; and

          2. Customer service desk, front desk or near the reception area, and visible to patrons.

       4. Complaint Response Time

          The establishment shall respond to complaints within 24 hours. The establishment shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.

5. Security Standards

   The following standards apply if "Applicable" is provided for the Alcohol Permission Area for that security standard type.

   1. Interior Illumination

      Within the establishment, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).

   2. Exterior Illumination

      In addition to the requirements in Sec. 4C.10.1.C.2. (Lighting Quantity), all exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be installed in conformance with Sec. 4C.10.1.C.1. (Light Trespass).

   3. Surveillance System

      A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.

   4. Loitering

      Loitering is prohibited in all areas under the control of the establishment. A "No Loitering or Public Drinking" sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.

   5. Electronic Age Verification

      An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.

   6. Patron & Employee Conduct

      The establishment shall monitor both patron and employee conduct on the premises, and take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. Reasonable steps include, but are not limited to:

      1. Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may jeopardize personal safety;

      2. Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and

      3. Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.

   7. On-Duty Authority

      A minimum of one on-duty manager with authority over the activities within the establishment shall be on the premises at all times that the establishment is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable state laws, LAMC requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The establishment shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.

   8. “Responsible Beverage Service” (RBS) Training

      Within the first six months of the date of approval in accordance with the applicable process established in Subsection G. (Process) below, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the establishment shall request the California Department of Alcoholic Beverage Control or Los Angeles Police Department to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for each new hire within three months of the start of employment.

6. Supplemental Procedures

   In addition to the procedures established in Sec. 13B.3.1. (Administrative Review) or pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit), whichever is applicable, the following supplemental procedures shall be carried out when "Applicable" to is provided for the Alcohol Permission Area:

   1. Notice of Application

      The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the establishment is located shall be notified by the Department of City Planning at the time an application is filed. If the establishment is not within the boundaries of a Neighborhood Council, then notification to only the applicable City Council District office shall be sufficient.

   2. Preliminary Outreach

      Prior to filing the application, the applicant shall conduct outreach by presenting information about the establishment at one or more Certified Neighborhood Council meetings, Business Improvement District meetings, or other meetings of such established community organization if the establishment is not within either a Certified Neighborhood Council or Business Improvement District boundary. Presentations shall include a flyer or other summary including the establishment name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits).

   3. Provisional Approval

      The sale of beer and wine within the establishment shall be limited to a one year provisional period that begins the day following the date of approval by the Department of City Planning and ends after 365 days. Upon completion of the one year provisional period, the Department shall conduct a review of the establishment's compliance with this section and any validated complaint received by the City and take actions consistent with the following:

      1. Validated Complaints

         Validated complaints are complaints that were either submitted by the public through a City complaint portal or initiated as a result of City-initiated inspections regarding violations of the provisions applicable to the designated alcohol permission area, and which result in an Order to Comply issued by the Department of Building and Safety, or citations issued by the Los Angeles Police Department, or any other City enforcement-related action.

      2. Four or Fewer Validated Complaints

         If an establishment receives four or fewer validated complaints upon completion of the one year provisional period, the establishment shall be allowed to continue participating in the Alcohol Sales Program pursuant to this Section (Alcohol Sales Program). The restaurant shall continue to be subject to the provisions applicable to the designated Alcohol Permission Area.

      3. Five or More Validated Complaints

         If an establishment receives five or more validated complaints upon the completion of the one year provisional period, the provisional approval by the Department of City Planning shall be terminated. If the establishment wishes to continue the sale or dispensing of alcoholic beverages, it shall only be permitted with approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit).

7. Process

   1. Alcohol Sensitive Sales Area

      1. For establishments on lots identified as being within an Alcohol Sensitive Sales Area, retail: alcohol uses are not permitted.

      2. Eating & drinking: alcohol service uses shall be provided in conjunction with a restaurant which complies with all of the performance standards provided in Subsection D. (Performance Standards) and shall require review and approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) for permission to sell or dispense alcoholic beverages in accordance with Paragraph 5. (Unmapped/Noncompliant Establishments) below.

   2. Limited Restaurant Beverage Area

      1. For establishments on lots identified as being within a Limited Restaurant Beverage Area, eating & drinking: alcohol service uses shall be permitted by the Department of City Planning, pursuant to Sec. 13B.3.1. (Administrative Review), when in compliance with the applicable provisions established for the Limited Restaurant Beverage Area in Sec. 5C.3.3.C. (Alcohol Permission Area Standards).

      2. For establishments that do not seek administrative review pursuant to Sec. 13B.3.1. (Administrative Review), permission to sell or dispense alcoholic beverages shall require review and approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) in accordance with Paragraph 5. (Unmapped/Noncompliant Establishments) below.

   3. Restaurant Beverage Area

      1. For establishments on lots identified as being within a Restaurant Beverage Area, eating & drinking: alcohol service uses may be permitted by the Department of City Planning, pursuant to Sec. 13B.3.1. (Administrative Review), when in compliance with the applicable provisions established for the Restaurant Beverage Area in Sec. 5C.3.3.C. (Alcohol Permission Area Standards).

      2. For establishments that do not seek administrative review pursuant to Sec. 13B.3.1. (Administrative Review), permission to sell or dispense alcoholic beverages shall require review and approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) in accordance with Paragraph 5. (Unmapped/Noncompliant Establishments) below.

   4. Restaurant & Bar Nightlife Area

      1. For establishments on lots identified as being within a Restaurant & Bar Nightlife Area, alcohol service may be permitted to sell or dispense alcoholic beverages by the Department of City Planning, pursuant to Sec. 13B.3.1. (Administrative Review), when in compliance with the applicable provisions established for the Restaurant & Bar Nightlife Area in Sec. 5C.3.3.C. (Alcohol Permission Area Standards).

      2. For establishments that do not seek administrative review pursuant to Sec. 13B.3.1. (Administrative Review), permission to sell or dispense alcoholic beverages shall require review and approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) in accordance with Paragraph 5. (Unmapped/Noncompliant Establishments) below.

   5. Unmapped/Noncompliant Establishments

      For establishments on lots that do not have an Alcohol Use Permission Area designation, or establishments on lots identified as being within Alcohol Sales Area but do not seek compliance with the provisions applicable to the designated Alcohol Permission Area, or that have had a permit revoked or had corrective conditions applied as a result of Nuisance Abatement/Revocation pursuant to Sec. 13B.6.2. (Nuisance Abatement/Revocation), eating & drinking: alcohol service and retail: alcohol uses shall require review and approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) for the sale or dispensing of alcoholic beverages and be subject to the following:

      1. Supplemental Findings

         In addition to the findings otherwise required by Sec. 13B.2.2. (Class 2 Conditional Use Permit), the Zoning Administrator shall also consider:

         1. Whether the granting of the application will result in an undue concentration of uses that dispense alcoholic beverages within a 1,000-foot radius of the lot according to the California Department of Alcoholic Beverage Control’s guidelines for undue concentration.

         2. The existing crime rate nearby, especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace, and disorderly conduct, and whether revocation or nuisance proceedings have been initiated for any similar use in the area.

         3. Whether the proposed use will not detrimentally affect nearby Residential Use Districts (Div. 5B.3.) or sensitive uses.

      2. Multiple Approvals

         With the exception of retail: alcohol, permission for multiple approvals to allow alcohol service for three or more tenant spaces may be applied for under a single conditional use permit entitlement, subject to the following:

         1. Tenant spaces are maintained under a single ownership within a unified complex comprising a combined floor area of 10,000 square feet or greater on the same site.

         2. The entitlement application for multiple conditional use permits shall be subject to processes and procedures required by Sec. 13B.2.2. (Class 2 Conditional Use Permit).

         3. Project review, as established in Sec. 13B.2.2.H. (Modification of Entitlement), shall be completed for each individual tenant space resulting in approval for each individual tenant space prior to the establishment of the proposed use within the subject tenant space.

         4. Applications shall detail the square footage of each tenant space, suite or unit number, hours of operation, and specific nature of proposed use for each tenant-operator space.

         5. Each individual tenant space shall be separately addressed with applicable site-specific conditions. Any change in tenant-operator shall be required to apply for approval of plans as established in Sec. 13B.2.2.H. (Modification of Entitlement), in order to evaluate the applicability of existing conditions and review any potential changes in site operations and conditions.

      3. Process Exemption

         Establishments that have outdoor dining areas that comply with Sec. 5C.2.4.B. (Eating & Drinking: All) shall be exempt from conditional use approval or a plan approval for the purposes of providing an outdoor dining area.

   6. Outdoor Dining Area Administrative Alcohol Authorization

      1. Eligibility Criteria & Standards

         On-site alcohol service provided in conjunction with an eating & drinking use involving the sale of food for on-site consumption may be provided in an outdoor dining area on private property and/or in the public right-of-way through an administrative alcohol authorization, pursuant to Sec. 13B.3.1. (Administrative Review), provided the establishment meets all of the following eligibility criteria and standards:

         1. The establishment is not located on a lot identified as being within an Alcohol Sensitive Sales Area.

         2. The outdoor dining area complies with Sec. 5C.2.4.B. (Eating & Drinking: All) or is permitted on a public sidewalk by a revocable permit issued by the Department of Public Works, Bureau of Engineering

         3. The eating & drinking establishment has a valid approval for the alcohol service use they wish to expand from the Department of City Planning or have existing alcohol sales with no conditional use approval prior to March 1, 1977;

         4. The eating & drinking establishment has a license to sell alcohol from the California Department of Alcoholic Beverage Control;

         5. The eating & drinking establishment is not subject to any enforcement mechanisms set forth in Sec. 5C.2.4.B. (Eating & Drinking: All) that upon further investigation by the City, result in citation, the imposition of fines or penalties, or revocation;

         6. The eating & drinking establishment has not been the subject of a wage claim, on or after January 31, 2024, under Chapter XVIII. (Employee Wages and Protections), Article 8. (Los Angeles Office of Wage Standards Ordinance) of this Code.

      2. Performance Standards

         1. Any fixed or portable bars located in an outdoor dining area shall not used as a point of sale;

         2. All alcohol shall be delivered to and served at tables by employees;

         3. All patrons shall be seated.

      3. Deemed Approved with LA Al Fresco Authorization

         1. Establishments that have a valid LA Al Fresco Authorization issued or renewed as of January 31, 2024 and have not been previously revoked for violations shall be considered deemed approved and authorized to continue alcohol service operations of the outdoor dining area in compliance with the eligibility criteria and standards set forth in Subparagraph a. (Eligibility Criteria & Standards), above.

         2. No fee shall be charged for administrative verification of Al Fresco deemed approved status. Deemed approved status must be obtained within six months of the expiration of the previously-issued temporary authorization (LA Al Fresco Temporary Authorization).

      4. Expanded Outdoor Dining Area Clearance

         1. Establishments that did not receive deemed approved status through the LA Al Fresco Temporary Authorization shall be authorized to serve in outdoor dining areas pursuant to an Expanded Outdoor Dining Area Clearance issued in compliance with the eligibility criteria and standards set forth in Subparagraph a. (Eligibility Criteria & Standards), above.

         2. The “Building Permit Clearance - Minor” fee pursuant to Sec. 15.3.2. (Ministerial Action Fees) of this Code shall be charged for an Expanded Outdoor Dining Area Clearance.

8. Records & Agreements

   1. Case File Material

      Upon submission of an application for the Alcohol Sales Program, the applicant shall submit the following with the application, which shall be kept as part of the case file:

      1. A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards as established for the Alcohol Use Permission Area designation;

      2. When the establishment is in a Limited Restaurant Beverage Area, a flyer or other summary including the establishment name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits) prepared and presented for outreach purposes;

      3. When the establishment is in a Limited Restaurant Beverage Area, proof of outreach conducted pursuant to Paragraph 2. (Preliminary Outreach) of Subsection F. (Supplemental Procedures) above which shall include an official agenda listing the establishment as intending to apply for the Alcohol Sales Program or a letter on organization letterhead attesting to the appearance or presence of the applicant before the Board of the local Certified Neighborhood Council, Business Improvement District, or established community organization pursuant to Paragraph 2. (Preliminary Outreach) of Subsection F. (Supplemental Procedures) above; and

      4. A revocable permit from the Department of Public Works, Bureau of Engineering, is required for any outdoor dining area located in the public right-of-way. A copy of the approved revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way.

      5. Establishments seeking to expand an existing alcohol approval to an outdoor dining area and that are eligible for approval through an Outdoor Dining Area Administrative Alcohol Authorization shall submit materials required pursuant to Paragraph 6. (Outdoor Dining Area Administrative Alcohol Authorization) of Subsection G. (Process) above.

   2. Covenant & Agreement

      1. Prior to approval by the Department of City Planning pursuant to Sec. 13.B.3.1. (Administrative Review), or by the Zoning Administrator pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit), a Covenant and Agreement acknowledging and agreeing to comply with all applicable performance and security standards or conditions of approval shall be recorded with the Los Angeles County Recorder. The Covenant and Agreement shall run with the land and shall be binding for any subsequent owners, heirs or assigns. After recordation, a certified copy bearing the recorder’s number and date shall be provided to the Department of City Planning.

      2. This Paragraph (Covenant & Agreement) does not apply to projects authorized pursuant to Sec. 5C.3.3.G.6. (Outdoor Dining Area Administrative Alcohol Authorization).

   3. Mandated Inspections

      The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements and standards as established in this Section (Alcohol Sales Program). Upon payment of fees pursuant to Chapter I. (General Provisions and Zoning), Sec. 19.04. (Fees for Sign Off or Clearance Requests) of this Code, the applicant is subject to the following:

      1. Within the first 24 months of the approval by the Department of City Planning, pursuant to Sec. 13B.3.1. (Administrative Review), or by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit), an inspector shall conduct a site visit to assess compliance with, or violations of, any of the applicable provisions of this Section (Alcohol Sales Program). A second inspection shall take place within 36 months of the first inspection.

      2. The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed may result in additional corrective actions taken by the City.

   4. Violations

      If an establishment is issued three citations for violating the provisions applicable to the designated Alcohol Permission Area in any two-year period, the approval by the Department of City Planning shall be terminated and the establishment shall be made ineligible to participate in the Alcohol Service Program for a period of five years commencing on the date of the third citation. If the establishment wishes to continue the sale or dispensing of alcoholic beverages, it shall only be permitted with approval by the Zoning Administrator, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit).

      1. A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.

      2. The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.

   5. Modification of Establishment

      The owner or the operator of the establishment shall reapply for approval by the Department of City Planning, pursuant to Sec. 13B.3.1. (Administrative Review), if there is:

      1. A change in State alcohol license type;

      2. A change in the ownership or the operator of the establishment; or,

      3. A modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating. However, establishments that are eligible for an Outdoor Dining Area Administrative Alcohol Authorization pursuant to Paragraph 6. (Outdoor Dining Area Administrative Alcohol Authorization) of Subsection G. (Process) above shall not be required to reapply for approval pursuant to Sec. 13B.3.1. (Administrative Review) and may request approval through Outdoor Dining Area Administrative Alcohol Authorization instead.

1. Intent

   To increase access to healthy food in neighborhoods and expand opportunities for small-scale entrepreneurs through a set of performance standards that ensure the safe, orderly, and efficient operation of farmer's markets.

2. Performance Standards

   1. Retail: farmers' market, certified activities are limited to two days per week, and limited to the hours of operation specified by the applied Use District (Part 5B.).

   2. Operator shall be limited to certified producers, non-profit organizations, and local government agencies.

   3. If selling fruits, nuts, or vegetables, the producer is authorized by the County Agricultural Commissioner to sell directly to consumers these products that are produced upon the land which the certified producer farms and owns, rents, leases or sharecrops.

   4. If selling eggs, honey, fish and other seafood and freshwater products, live plants, and other agricultural products, the market operator and producer secure all necessary licenses, certificates and health permits which are required to sell these products directly to consumers, provided these products are raised, grown, caught, and processed, if necessary, in California.

   5. Safety barricades shall be provided to separate and protect vendors and their customers from moving vehicles wherever active motor vehicle use areas and farmer's market activities are not separated by a permanent curb.

   6. Trash containers shall be provided during the hours of operation.

   7. Any portion of the lot used for market activities shall be cleaned at the close of hours of operation. For purposes of this Section (Certified Farmers' Market) only, “cleaned” shall include, but not be limited to, the removal of stalls, materials, debris and trash, etc., used in conjunction with market activities.

   8. (EBT) card payments shall be accepted by all vendors for all hours of operation. A Food and Nutrition Service (FNS) Number issued by the United States Department of Agricultural shall be available at the public’s request as proof of Electronic Benefit Transfer (EBT) card acceptance.

   9. Certification of the Certified Farmers’ Market and contact information for the operator shall be posted at the main entry, and otherwise available at the public’s request. The contact person shall be available during the hours of operation and shall respond to any complaints. The operator shall keep a log of complaints received, the date and time received, and their disposition.

1. Intent

   To accommodate the seasonal retail sale of ornamental pumpkins and Christmas trees through a set of performance standards that ensure the safe, orderly, and efficient operation of temporary market activities on a lot.

2. Performance Standards

   1. The operator of such sale of pumpkins and/or Christmas trees shall pay a business tax and post a $200 clean-up deposit with the City’s Office of Finance prior to any lot preparation or sales.

   2. Pumpkin Sales

      This use, including construction or preparation of the lot, fencing, trailers, tents, storage, equipment, installations, and sales is permitted between October 15th and October 31st inclusive. The lot must be cleaned and restored to its original condition by November 14th. Failure to do so will result in forfeiture of the clean-up deposit.

   3. Christmas Tree Sales

      This use, including construction or preparation of the lot, fencing, trailers, tents with aggregate area up to 600 sq. ft., storage, equipment, installations, and sales is permitted between December 1st and December 25th inclusive. The lot must be cleaned and restored to its original condition by January 8th. Failure to do so will result in forfeiture of the clean-up deposit.

   4. Pumpkin & Christmas Tree Sales

      This use, including construction or preparation of the lot, fencing, trailers, tents, storage, equipment, installations, and sales of pumpkins is permitted between October 15th and October 31st inclusive. The lot must be cleaned of pumpkins and accessory materials by November 7th. Thereafter, the lot must be maintained secure, clean, and not utilized. Existing fencing, trailers, and equipment may be maintained on the lot until the sale of Christmas trees commencing on December 1st through December 25th inclusive. The lot must be cleaned and restored to its original condition by January 8th. Failure to do so will result in forfeiture of the clean-up deposit.

   5. Any lights to illuminate the site shall be arranged to reflect the light away from any lots zoned with a Residential Use District (Div. 5B.3.) or Residential-Mixed Use District (Div. 5B.4.), except that this restriction does not apply to frosted light bulbs of 100 watts or less.

   6. There shall be no use of any sound equipment in any Residential Use District (Div. 5B.3.) or Residential-Mixed Use District (Div. 5B.4.) in conjunction with the retail sale of pumpkins and Christmas trees.

   7. A Los Angeles County Health Department approved chemical toilet shall be provided on the premises.