Article 19.6 — ADAPTIVE REUSE PLANNED DEVELOPMENT OVERLAY ZONE (C-3 (AR))

There is hereby created an overlay zone designated as the adaptive reuse planned development overlay zone (C-3 (AR)). (Ord. 03-O-2422, eff. 3-7-2003)

The C-3 (AR) zone shall apply to lots 200 and 201 of tract 4988 in the city as per map book 54, pages 98 and 99, records of the county recorder. (Ord. 03-O-2422, eff. 3-7-2003)

Unless the context plainly requires otherwise, the following definitions shall govern this article:

ADAPTIVE REUSE: The conversion or renovation of an existing commercial development to residential uses or a combination of residential and commercial uses.

ENTERTAINMENT USE: Any entertainment, other than "live musical accompaniment to dining" as defined in

section 10-3-2703 of this chapter, and shall include, but not be limited to, movie theaters, playhouses, video arcades, nightclubs, and similar uses.

PLANNED DEVELOPMENT: A development that is approved pursuant to the procedures of article 18.4 of this chapter. (Ord. 03-O-2422, eff. 3-7-2003)

No lot, premises, building or portion thereof in the C-3 (AR) zone shall be used for any purpose except those approved by the reviewing authority as part of a planned development pursuant to article 18.4 of this chapter. (Ord. 03-O-2422, eff. 3-7-2003)

Unless otherwise specified, for the purposes of this article the reviewing authority for an adaptive reuse planned development shall be the city council. The city council shall conduct a noticed public hearing regarding the request for a planned development and shall follow the procedures set forth in article 18.4 of this chapter in reviewing said request. (Ord. 03-O-2422, eff. 3-7-2003)

In lieu of the findings required for planned developments pursuant to section 10-3-1844 of this chapter, the reviewing authority may approve a planned development application for an adaptive reuse development if it makes all of the following findings:

A. The proposed adaptive reuse development is consistent with the general plan and any specific plans adopted for the area.

B. The proposed adaptive reuse development will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

C. The proposed adaptive reuse development will ensure the efficient use of existing resources and provide additional housing opportunities.

D. The proposed adaptive reuse development will not create any significant, adverse traffic safety hazards, pedestrian-vehicle conflicts or pedestrian safety hazards and will minimize impediments to vehicular circulation and pedestrian safety.

E. The proposed adaptive reuse development will encourage development of pedestrian friendly environments by allowing the conversion of impersonal, underutilized commercial buildings to residential uses while preserving a street level presence that holds the interest of pedestrians and attracting additional neighborhood commercial uses.

F. The proposed adaptive reuse development will promote the public health, safety or general welfare. (Ord. 03-O2422, eff. 3-7-2003)

The following restrictions shall apply to adaptive reuse developments in the C-3 (AR) zone:

A. Notwithstanding any other provision of this title, the reviewing authority may permit the combination of residential and commercial uses on a lot in C-3 (AR) zone in conjunction with the approval of an adaptive reuse development through a planned development approved pursuant to article 18.4 of this chapter.

B. Except as otherwise provided in this article, an adaptive reuse development may include any use permitted in the C-3 zone.

C. A portion of the Wilshire Boulevard frontage of all adaptive reuse developments shall be reserved for pedestrian oriented commercial uses.

D. No residential units may be located on the ground floor of an adaptive reuse development. The ground floor of an adaptive reuse development shall be used exclusively for the following purposes: 1) the entry lobby for the residential component; 2) a media room, concierge station, gym/workout facility, and/or other amenities for the residential component; or 3) commercial uses. The location and size of any ground floor use in an adaptive reuse development shall be subject to review by the reviewing authority as part of a planned development pursuant to article 18.4 of this chapter.

E. No restaurants or bars may be included in an adaptive reuse development unless otherwise approved by the reviewing authority as part of a planned development approval pursuant to article 18.4 of this chapter.

• F. No entertainment uses may be included in an adaptive reuse development.

• G. The mezzanine or second story of an adaptive reuse development may be used for commercial office uses.

• H. No medical uses may be included in an adaptive reuse development.

• I. Any use not expressly authorized by this article is hereby prohibited in an adaptive reuse development.

• J. No adaptive reuse development shall include a supermarket. (Ord. 03-O-2422, eff. 3-7-2003)

Except as otherwise specifically provided in this article for adaptive reuse developments, development in a C-3 (AR) zone shall comply with the zoning regulations applicable to the underlying zone. Nothing in this article shall require a development to comply with the provisions of the C-3 (AR) zone to the extent the development fully conforms to the requirements of the underlying zone. (Ord. 03-O-2422, eff. 3-7-2003)

A. No Additional Height: The height of an adaptive reuse development in the C-3 (AR) zone shall not be converted, altered or enlarged.

B. Exceptions: Notwithstanding the provisions of subsection A of this section, certain elements of the height of an adaptive reuse development in the C-3 (AR) zone may be increased in accordance with the following height restrictions:

1. Unoccupied Architectural Features: Notwithstanding any other provision of this code, unoccupied and architectural features such as skylights, clerestories, trellises, sound barriers or walls, and wind screens may exceed the existing height of the building by not more than twelve feet (12') in height if such unoccupied architectural features are approved by the reviewing authority as part of a planned development pursuant to article 18.4 of this chapter and do not exceed thirty three percent (33%) of the roof area upon which they are located and, except for open structures (such as trellises) and wind screens, no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.

2. Rooftop Uses: Except for unoccupied architectural features or wind screens, notwithstanding any other provision of this code rooftop improvements described in section 10-3-1976 of this article that are approved by the reviewing authority as part of a planned development pursuant to article 18.4 of this chapter may exceed the height limits established by this section by not more than twelve feet (12') in height provided the structure housing the rooftop use is set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public right of way so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected. (Ord. 03-O-2422, eff. 3-7-2003)

A. No Alteration Of Setbacks: The building setbacks of an adaptive reuse development in the C-3 (AR) zone shall not be converted, altered or enlarged.

B. Exceptions: Notwithstanding the provisions of subsection A of this section, an adaptive reuse development in the C-3 (AR) zone may increase the encroachment into existing setbacks of certain elements of the structure in accordance with the following restrictions:

1. Unoccupied Architectural Features: Notwithstanding any other provision of this code, unoccupied architectural features such as security walls and sound barriers or walls may increase the existing encroachment into a required setback of the building if such unoccupied architectural features are required by the reviewing authority and approved as part of a planned development pursuant to article 18.4 of this chapter. (Ord. 03-O-2422, eff. 3-7-2003)

Notwithstanding any other provision of this code, the following density limits shall apply to adaptive reuse developments in the C-3 (AR) zone:

A. Maximum FAR: The floor area ratio of the adaptive reuse development shall not exceed the floor area ratio for the existing commercial building being converted.

B. Additional Floor Area For Residential Uses: Notwithstanding the provisions of subsection A of this section, a portion of the existing above grade parking structure of an adaptive reuse development may be converted to residential uses or storage for residential use provided all of the following criteria are satisfied:

1. The units in the converted area comply with the minimum unit size requirements set forth in section 10-3-1974 of this article.

2. After the conversion, the gross habitable floor area of the building, inclusive of all common areas, does not exceed the floor area of the existing commercial building by more than fourteen percent (14%). Areas located in the

parking structure and used exclusively to provide storage for residential tenants in the adaptive reuse development shall not be considered in determining the gross habitable floor area of the building.

3. After the conversion, sufficient off street parking is provided in the parking structure to satisfy the parking requirements imposed by this chapter for all uses in the adaptive reuse development.

C. Minimum Average Dwelling Unit Size: If the residential component of an adaptive reuse development is comprised solely of rental units, the average floor area of all residential units in the adaptive ruse development shall be at least eight hundred (800) square feet. If any portion of the residential component of an adaptive reuse development is comprised of condominium units, the average floor area of all residential units in the adaptive reuse development shall be at least one thousand two hundred (1,200) square feet. (Ord. 03-O-2422, eff. 3-7-2003; amd. Ord. 03-O-2434, eff. 12-6-2003)

Notwithstanding any other provision of this code, parking for adaptive reuse developments located in the C-3 (AR) zone shall be provided in accordance with this section.

A. Parking for all uses in an adaptive reuse development shall be provided in accordance with the applicable provisions of this chapter.

B. An adaptive reuse development shall provide parking for the commercial and residential components that is physically separated. The adaptive reuse development may provide a common entry driveway to access the commercial and residential parking areas; provided, that once inside the parking facility separate parking areas are provided for residential and commercial uses and entry to the parking area for the residential component is restricted to prohibit access by patrons and tenants of the commercial component.

C. Parking requirements for residential units in the adaptive reuse development may be satisfied through the use of tandem parking. Tandem parking may only be used to satisfy the parking needs for units that require more than one parking space.

D. Guest parking for residential units may be provided in the commercial parking area of an adaptive reuse development. In addition, fractions of residential parking spaces (0.5 or more) required for any dwelling unit may be located in the commercial parking area if approved by the reviewing authority as part of a planned development pursuant to article 18.4 of this chapter. (Ord. 03-O-2422, eff. 3-7-2003)

Balconies, patios and certain architectural features in an adaptive reuse development in the C-3 (AR) zone shall maintain the following setbacks:

A. Balconies: An adaptive reuse development may include balconies that comply with all of the following provisions:

1. The balcony does not project more than twenty four inches (24") into any required or existing setback;

2. The total length of the balcony at any one story does not exceed fifty percent (50%) of the length of the wall on which it is located;

3. The end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and

4. The enclosure of the balcony does not exceed fifty four inches (54") in height.

• B. Eaves: Roof eaves projecting no more than twenty inches (20") into the required or existing setback, provided that such eaves have been approved by the architectural commission.

C. Architectural Projections: Architectural projections, such as half timbers, corbels, bay windows, and window

and door accents, but excluding balconies, projecting no more than twelve inches (12") into the required or existing

setback. (Ord. 03-O-2422, eff. 3-7-2003)

Except as otherwise provided in this section, loading facilities for adaptive reuse developments in the C-3 (AR) zone shall be provided in accordance with sections 10-3-2740 through 10-3-2744 inclusive of this chapter unless otherwise approved by the reviewing authority as part of a planned development approval pursuant to article 18.4 of this chapter. (Ord. 03-O-2422, eff. 3-7-2003)

A. The following minimum floor area requirements shall apply to all dwelling units within an adaptive reuse development:

1. Efficiency Unit: An efficiency unit shall have a minimum floor area of six hundred (600) square feet.

2. One Bedroom: A one bedroom dwelling unit shall have a minimum floor area of six hundred (600) square feet.

3. Two Bedrooms: A two (2) bedroom dwelling unit shall have a minimum floor area of one thousand (1,000) square feet.

4. Three Or More Bedrooms: A dwelling unit with three (3) or more bedrooms shall have a minimum floor area of one thousand four hundred (1,400) square feet. (Ord. 03-O-2422, eff. 3-7-2003)

The residential components of all adaptive reuse developments in the C-3 (AR) zone shall provide a minimum of two hundred (200) square feet of outdoor living space per dwelling unit. The outdoor living space requirement may be met through the provision of: a) private patio or balcony areas for each unit, b) a common open area or areas accessible to all residents, or c) a combination of private and common areas. (Ord. 03-O-2422, eff. 3-7-2003)

A. Notwithstanding any other provision of this code and subject to the restrictions set forth in this section, the reviewing authority may permit, as part of a planned development pursuant to article 18.4 of this chapter, adaptive reuse developments in the C-3 (AR) zone to exceed height, story and density limitations otherwise applicable to adaptive reuse developments in order to permit the establishment of rooftop uses, including common patios/seating areas, rooftop gardens, pools and spas and related restroom facilities provided that:

1. The reviewing authority makes the findings set forth in subsection 10-3-2804B of this chapter regarding the rooftop restroom facilities.

2. The additional height above the existing building height will not exceed twelve feet (12').

3. The adaptive reuse development includes a maximum of two (2) rooftop restroom facilities.

4. The aggregate floor area of all rooftop restroom facilities permitted pursuant to this section shall not exceed two hundred (200) square feet or such minimum floor area as may be required by federal or state law, whichever is greater.

5. The aggregate floor area of any rooftop uses permitted pursuant to this section shall not exceed thirty three percent (33%) of the roof area upon which they are located unless otherwise approved by the reviewing authority as part of a planned development approval pursuant to article 18.4 of this chapter.

6. Any rooftop structures permitted pursuant to this section shall be set back from the face of any exterior wall of the floor immediately below so that a forty five degree (45°) angle to the vertical plane of the nearest outside wall is not intersected.

7. Notwithstanding the provisions of subsection A6 of this section, a rooftop structure may intersect a forty five degree (45°) angle to the vertical plane of the nearest outside wall provided that the exterior wall of the rooftop structure is constructed in the same plane as the exterior wall of the floor below and the rooftop structure will not exceed the applicable maximum allowable height otherwise permitted by more than forty five inches (45").

8. Use of the rooftop facilities shall be restricted to residents and guests of residents of the adaptive reuse development.

9. No admittance or use fees shall be charged to use the rooftop pool facilities. Nothing in this provision shall prohibit the imposition or collection of home owner association fees on residents of an adaptive reuse development to offset the costs of operating and maintaining such rooftop pool facilities.

10. Notwithstanding the provisions of this chapter permitting certain elements to be located above maximum height limits, only those elements required by law to project above the roof deck shall be permitted to exceed the twelve foot (12') height limit of the structure enclosing the rooftop use permitted hereby. (Ord. 03-O-2422, eff. 3-72003)

The following design standards shall be incorporated into all adaptive reuse developments in the C-3 (AR) zone:

• A. Noise Attenuation:

1. All dwelling units shall be constructed with double glazed glass windows.

2. The exterior walls of all dwelling units, and any interior walls or floor/ceilings that separate dwelling units from commercial uses shall comply with the sound transmission standards set forth in sections 1208 and 1208A of the Uniform Building Code, as amended by the 1998 California Building Code, or their successors.

3. All dwelling units shall be equipped with internal air conditioning.

• B. Odors: Air conditioning systems for the residential component shall be located and designed in a manner sufficient to prevent adverse impacts from odors generated by the commercial component.

• C. Miscellaneous:

1. Parking spaces for commercial tenants and their customers shall be physically separated from parking spaces for residents of the adaptive reuse development. The adaptive reuse development may provide a common entry driveway to access the commercial and residential parking areas; provided, that once inside the parking facility separate parking areas are provided for residential and commercial uses and entry to the parking area for the residential component is restricted to prohibit access by patrons and tenants of the commercial component.

2. The entrance(s) to the residential uses of an adaptive reuse development shall be restricted to prohibit access to the residential component by patrons and tenants of the commercial component. (Ord. 03-O-2422, eff. 3-7-2003)

Unless otherwise provided in this article, all commercial uses in an adaptive reuse development shall comply with the general operational requirements set forth in section 10-3-1956 of this chapter. (Ord. 03-O-2422, eff. 3-7-2003)

Prior to the sale or rental of any residential unit in an adaptive reuse development, the then current owner of the adaptive reuse development or the then current owner of a residential unit being sold or leased shall provide the prospective purchaser or renter of such unit with a written disclosure statement. The disclosure statement shall be executed by the prospective purchaser or renter and shall clearly state that the purchaser or renter is fully informed and acknowledges the following:

• A. The adaptive reuse development is located in a commercial zone;

• B. The primary intent of the commercial zone is to promote commercial activity;

• C. The adaptive reuse development is surrounded by and includes commercial uses;

• D. Commercial uses may generate greater noise, traffic, and other impacts on the residential units than other residential uses;

E. The presence of residential units in the adaptive reuse development does not alter the nature of the underlying commercial zone or require adjacent commercial uses or the commercial uses in the adaptive reuse development to curtail their regular activities or to comply with higher standards with respect to noise, traffic or other impacts;

F. The adaptive reuse development is located in a commercial zone and is not eligible for inclusion in a preferential parking district nor are residents of the adaptive reuse development eligible to participate in preferential parking zones on adjacent residential streets. (Ord. 03-O-2422, eff. 3-7-2003)