Zoning Manual
Zoning Manual
Zoning Manual
Zoning Code
Manual and Commentary
Fourth Edition
The City of Los Angeles Department of Building and Safety (LADBS) is pleased to announce the
publication of the newly updated fourth edition of the Zoning Code Manual and Commentary. This
manual will assist in providing consistent and uniform interpretations of the Zoning Code.
The Zoning Code Manual and Commentary provides a cumulative summary of more than 230 written
policies and interpretations made by the Department of Building and Safety, the Department of City
Planning, and the Office of the City Attorney pertaining to the interpretation and administration of
specific sections of the City of Los Angeles Planning and Zoning Code. Many of the original versions of
these policies and interpretations were decades old, not easily located and consequently, not
consistently applied. The obsolete policies and interpretations were not included in this manual.
Each topic has been presented in this manual in a Question and Answer format with illustrated
examples and a simplified explanation of the underlying concept intended to facilitate the users
understanding of the code and provide an easy reference to the various interpretations. Ten new
interpretations related to zoning issues contained in the previously released collection of LADBS
Information Bulletins have been included in this manual and the corresponding updated Bulletins have
been made a part of the appendices for reference purposes.
This manual is a commentary that should be used as a supplement to the Code and not as a substitute
for it. A final decision regarding a particular zoning issue will be made only after due consideration has
been given to all other applicable Zoning Code provisions.
As a part of our continuing effort to enhance customer service and assist the development industry, the
Zoning Code Manual and Commentary has been made available on LADBS Internet site at
www.ladbs.org under the heading Zoning.
We will continue to update this Zoning Code Manual and Commentary on the Departments website
and will include new Zoning Code issues and commentaries to facilitate the efficient distribution of
information to the public. Your comments and suggestions for improving this document are requested
and welcome.
REFERENCES
Each topic covered in this manual is based on specific reference material that was previously
distributed or, in some cases, the topic is only an illustration or summary of the code.
The reference legend is indicated at the bottom of each topic in parenthesis including the
corresponding date or document number. The following is a glossary of the abbreviations used
throughout the manual.
B.Z.A.
Bldg. Bur. Chief
Bldg. Bur. Dir.
Bldg. Bur. memo
C.A.O.
Code item
D.O.P.
DCP
IB
LADBS
P.C. Chief
Unsigned Memo
V.N. Zoning Manual
ZA
ZAI
Z.E. memo
ZA/ ZE
Z.E.I.
ZI
EXEC. OFFICE MEMO
Prior Editions
Technical Editor:
1st edition,
2nd edition,
3rd edition,
4th edition,
4th edition
4th edition
4th edition
April 1993
December 1993
July 1996
2005
Revision 1 July 2011
Revision 2 July 2013
Revision 3 October 2013
Table of Contents
Code Section
Topic
Page
Section 11.5.7
Section 12.03
Section 12.03
Section 12.03
Section 12.03
Section 12.03
Section 12.03
Section 12.03
11
Section 12.03
12
Section 12.03
Family. Definition.
13
Section 12.03
14
Section 12.03
Frontage. Definition.
20
Section 12.03
21
22
23
25
Section 12.03
Section 12.03
Section 12.03
Section 12.03
Section 12.03
Code Section
Topic
Page
Section 12.03
Kennel - Definition.
26
Section 12.03
27
Section 12.03
28
Section 12.03
29
Section 12.03
33
Section 12.03
34
Section 12.03
36
Section 12.03
37
Section 12.03
38
Section 12.03
39
Section 12.03
40
Section 12.03
43
Section 12.03
44
Section 12.03
45
Section 12.03
46
Section 12.03
47
Section 12.03
48
Section 12.03
49
Section 12.03
50
51
53
Signs in PF Zones
55
Section 12.03
Section 12.04
Section 12.04.09
ii
Code Section
Topic
Page
Section 12.05A6
56
57
Section 12.07A6
58
Section 12.07.C.1
59
Section 12.07.C.1
60
Section 12.08C1
62
Section 12.08C1
63
Section 12.08
64
Section 12.09C2
66
Section 12.09.1B4
67
Section 12.09.3
68
Section 12.12
69
Section 12.12C4
70
Section 12.12.1A3(b)
71
Section 12.12.2A1
72
73
Section 12.12.2A9
76
Section 12.12.3A2(a)25
77
Section 12.13.5A2(b)2
78
Section 12.13.5A9
79
Section 12.13.5B1
80
Section 12.14A
81
Section 12.06
iii
Code Section
Topic
Page
Section 12.14A
82
Section 12.14A
83
Section 12.14A
84
Section 12.14A
85
Section 12.14A1(a)
87
Section 12.14A1(b)(2)
88
Section 12.14A1(b)(2)
89
Section 12.14A1(b)(2)
90
Section 12.14A3
91
Section 12.14A8
92
Section 12.14A9
93
Section 12.14A42
94
Section 12.14A42
95
Section 12.14A42(c)
96
Section 12.16A2
97
Section 12.16.A2(o)
98
99
100
101
102
Section 12.17.6A2
103
Section 12.19A1.5
104
Section 12.19A4(b)2
105
Section 12.17.5B5(f)
Section 12.17.6A6(b)
iv
Code Section
Topic
Page
Section 12.21A4
107
Section 12.21A4
109
110
Section 12.21A4
111
Section 12.21A4
117
Section 12.21A4
118
Section 12.21A4
125
Section 12.21A4
126
Section 12.21A4
128
Section 12.21A4(a)
129
Section12.21A.4.(C)
130
Section 12.21.4
134
Section 12.21A4(c)
140
Section 12.21A4(c)
143
145
146
147
149
150
151
Section 12.21A4
Section 12.21A4(c)(3)
Section 12.21A4(c)(3)
Section 12.21A4(c)(4) , (5)
Section 12.21A4(d)3
Section 12.21A4(e)
Section 12.21A4(e)
Code Section
Topic
Page
Section 12.21A4(e)
152
Section 12.21A4(f)
153
Section 12.21A4(g)
154
Section 12.21A4(g)
155
Section 12.21A4(h)
156
Section 12.21A4(h)
158
Section 12.21A4(m)
159
Section 12.21A4(m)
160
Section 12.21A4(x)
161
162
Section 12.21A5(a)
163
Section 12.21A5(a)1(ii)
164
Section 12.21A5(a)1(ii)
165
Section 12.21A5(b)
166
Section 12.21A5(c)
167
Section 12.21A5(e)
168
169
Section 12.21A5(h)
170
Section 12.21A5(h)
171
Section 12.21A5(h)
172
173
Section 12.21A5(l)
Parking striping.
174
Section 12.21A5
Section 12.21A5(f)
vi
Code Section
Topic
Page
Section 12.21A6(c)
175
Section 12.21A6(c)
176
Section 12.21A6(d)
177
Section 12.21A6(f)
178
Section 12.21A13
179
Section 12.21A16
180
Section 12.21A17(a)(3)
181
Section 12.21A17(a)(3)
182
Section 12.21A17(b)2
183
184
Section 12.21A17c(2)
185
186
191
193
Section 12.21A17(i)3(a)
194
Section 12.21A17(i)
195
Section 12.21A17(e)1, 2
Section 12.21A17(i)
Section 12.21C1
Remodeling of
196
Section 12.21C1(c)
197
Section 12.21C1(c)
198
Section 12.21C1(c)
199
vii
Code Section
Topic
Page
Section 12.21C1(e)
200
Section 12.21C1(e)
201
Section 12.21C1(e)
203
Section 12.21C1(g)
205
Section 12.21C1(k)
206
Section 12.21C2(b)
208
Section 12.21C2(b)
210
Section 12.21C2(b)
211
212
Section 12.21C5(a)
214
Section 12.21C5(b)
215
Section 12.21C5(b)
216
Section 12.21C5(c)
217
218
Section 12.21C5(h)
219
Section 12.21.1
220
Section 12.21.1
221
Section 12.21.1A8
222
Section 12.21.1A10
223
Section 12.21.1B2
224
Section 12.21.1B3(a)
Rooftop Guardrails.
225
Section 12.22A2
226
Section 12.21C5(a)
viii
Code Section
Topic
Page
Section 12.22 A4
227
Section 12.22A17
228
229
230
231
232
233
234
235
236
237
Section 12.22A28
238
Section 12.22C1
239
Section 12.22 C4
240
241
Section 12.22C6
242
Section 12.22C20
243
Section 12.22A18
Section 12.22A18(a)
Section 12.22A23
Section 12.22A23
Section 12.22A23
Section 12.22A23
Section 12.22A23(a)(1)
Section 12.22A23(a)(6)
Section 12.22A23(c)2
ix
Code Section
Topic
Page
Section 12.22C20
246
Section 12.22C20
250
Section 12.22C20
251
252
Section 12.22C20(e)
253
254
Section 12.22C20(f)
255
Section 12.22C20(f)
256
Section 12.22C20(h)
257
259
260
Section 12.22C20(m)
261
Section 12.22C20(m)
262
Section 12.22C20(m)
263
Section 12.23A3
264
265
Section 12.23A3(c)
266
Section 12.23A3(c)
268
Section 12.23A3(c)
269
271
Section 12.22C20
Section 12.22C20(l)
Section 12.22C20(l)
Section 12.23A3(a)3
Section 12.23A3(c)
Code Section
Topic
Page
Section 12.23A7
272
273
Section 12.24L
274
Section 12.24U5
275
276
277
Section 12.24W42
278
Section 12.24W43
279
Section 12.24W49
282
Section 12.26A2
283
Section 12.26B
285
Section 12.26 E2
286
287
288
Section 12.32R
289
Section 12.32R5(c)
290
Section 12.37A
291
293
294
Section 12.24L
Section 12.24W4
Section 12.24W13, 49
Section 12.26 E2
Section 12.37G
Section 12.37G
xi
Code Section
Topic
Page
Section 12.37G
295
Section 12.70B12
297
Section 12.70C
299
Section 14.3.1
300
Section 16.03
303
Section 16.05C
305
Section 16.05C
306
307
Section 17.50B3
308
Section 17.50B3
309
Section 18.00
310
Section 18.00
311
Section 18.00
312
Section 18.00
313
314
Section 43.30
Fortune Telling
315
APPENDICES
INFORMATION BULLETINS
316
Section 18.10
Index
317
xii
Section 11.5.7
Commenced
Construction
Phrases. Definition
and
Similar
Q-
The City of Los Angeles has enacted a number of Specific Plans and other zoning
ordinances containing a provision which exempts a Project from compliance to the provisions
of such ordinance if development pursuant to a valid building permit is commenced or
started by a specified date. What is it meant by the work is commenced or work is
started phrases?
A-
pg. 1
Zoning Manual
Section 12.03
Q-
Can an accessory building exceed the number of stories, height or area of the
single family dwelling to which it is accessory?
A-
To answer the portion of the question concerning height and number of stories, let's
review the definition of Accessory Building in the code. It states in part: "A detached
subordinate building, the use of which is customarily incidental to that of the main dwelling...."
At issue here is the interpretation of the word subordinate. Webster's dictionary defines it as
something placed in a lower rank or class; inferior in order, nature, importance etc. In this
definition, physical characteristics are not involved. This would support the concept that the
intensity of use and other characteristics are relevant when determining what constitutes a
subordinate building but not the building height and/or stories.
Further, L.A.M.C. Section 12.21C5(f), requires side yards for two-story accessory
buildings as required for a main building. The code does not limit the height and/or number of
stories of an accessory building to something less than that of the main dwelling. However, in
the Use regulations of the A and R zones, the Code does limit accessory buildings to a
maximum of two stories. Therefore, it is clear that an accessory building cannot exceed two
stories.
As to the portion of the question dealing with the area of an accessory building,
LADBS has for a long time, interpreted that the cumulative floor area of all accessory
buildings cannot exceed the area of the main dwelling. This policy is valid since intensity of
use is generally dependent on floor area. As defined in the code, the floor area of a garage
used to provide the required parking is not included as floor area of the main building or the
accessory buildings.
Certain uses, such as horse stables which are specifically allowed by the code,
including the number of horses that may be kept, may be permitted to exceed the area of the
main dwelling upon review by a supervisor.
(Z.E. memo 8-28-92, Z.E. memo 4-23-93)
pg. 2
Zoning Manual
Section 12.03
Q-
This definition specifies that an Accessory Living Quarters "...is used solely as the
temporary dwelling for guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate dwelling unit".
What constitutes temporary use, and further, what constitutes kitchen facilities?
A-
pg. 3
Zoning Manual
Section 12.03
Accessory Use.
restrictive zone.
pg. 4
Zoning Manual
Section 12.03
Q-
Accessory Use.
American flag.
Definition.
Display of the
In what zone is it permissible to use a flag pole for the display of the American flag?
A-
The display of the American flag is considered to be accessory use in any zone.
Permanent or temporary flag poles must comply with any other building and zoning code
regulations related to height, building permit requirement, etc.
When located in the P zone, a flag pole is considered to be "customarily incident to
the operation" of a parking area and will be permitted provided the pole is not located within
15 feet of any street, in any required yard area, or within 30 feet of an A or R zone.
(P.C. Chief 7-29-87)
pg. 5
Zoning Manual
Section 12.03
Q-
Can a private home be used for conducting classes or similar group gatherings in a
residential zone?
A-
Section 12.22A8 of the Zoning Code contains specific provisions for the
occasional use of private homes for University Extension Courses.
(Z.A.I. 2322)
pg. 6
Zoning Manual
Section 12.03
Accessory Use.
Trucks.
Definition.
Storage of Tow
Q-
This section which defines "Accessory Use" states in part: "...The rental, storage, or
storage for rental purposes of a commercial vehicle which exceeds a registered net weight of
5,600 pounds shall not be considered an accessory use in any zone more restrictive than the
MR1 zone...".
Does this preclude the storage of tow trucks as part of a tow truck dispatching
business when such use is permitted by the zone (e.g. in the C2 zone)?
A-
This prohibition does not apply in such case since the tow trucks are not rented or
leased but are considered an integral part of the tow truck dispatching service which is the
main permitted use. When subject to the conditions of the C2 zone, the storage of these
trucks must be located in the rear half of the lot, limited to a maximum of 3,000 sq. ft. and be
enclosed by a 6' high solid fence with solid gates as specified in Sec. 12.14A42.
See also Section 12.14A42 C2 Zone Regulations. Tow Truck Dispatching
Business. in this manual.
(ZA 89-1317(ZAI))
pg. 7
Zoning Manual
Section 12.03
Q-
Provide examples illustrating what constitutes a Ground Floor Addition as the term
is defined in the Section 12.03.
A-
(Code item)
pg. 8
Section 12.03
Q-
A-
That the school, head start program, child care or adult care service is
operated by the religious institution as part of its program and is only an
accessory function in connection with the principal use of the premises for
religious purposes.
2.
That the teachers and supervisors are employed by the religious institution
and under supervision of its authorities. Any compensation paid to teachers
or supervisors shall be paid by the institution rather than some private or
affiliated group. This shall not prevent the religious institution from utilizing
funds allocated to it by a governmental agency to pay salaries of teachers
and supervisors.
3.
4.
The above determination only applies to churches or houses of worship which have
obtained Conditional Use or have a deemed-to-be-approved conditional use status. It does
not apply in the R4, R5, CR, C2, C4 and C5 where the institution, school, child or adult care
is permitted by right as the main use.
This does not prevent a site in the R3 zone12.22c20 to be used for child care of up
to 20 children (permitted by Sec. 12.10A5.5) unless specifically prohibited by the religious
institution's Conditional Use.
pg. 9
Zoning Manual
(ZA 92-1025(ZAI))
pg. 10
Zoning Manual
Section 12.03
Building Area.
Definition.
Developments
Combining Residential and Commercial Uses.
pg. 11
Zoning Manual
Section 12.03
Buildable Area.
Streets.
Q-
How is the Buildable Area calculated for lots in the C or M zone when a Future
Street or Future Alley has been offered? Is this area deducted?
A-
Section 17.02 of the Zoning Code defines a Future Street or Alley as: "Any real
property which the owner thereof has offered for dedication to the City for street or alley
purposes but which has been rejected by the City Council..." The definition further specifies
that the City Council may later accept the dedication by resolution without further action by
the owner of the lot. An Offer to Dedicate does not reduce the area of the lot unless and until
the City accepts it.
Section 12.03 defines Buildable Area as the area of the lot excluding yard spaces,
building line setback spaces, or that space that may be used only for accessory buildings or
uses. Future Street spaces are not specified as one of the exclusions and therefore the
Buildable Area of a C or M-zoned lot may be calculated including the area of the Future
Street or Alley. All required setbacks, however, are measured from the ultimate lot line.
(Z.E. memo 12-8-92)
pg. 12
Zoning Manual
Section 12.03
Family. Definition.
Q-
The code specifies that a Family is a "...group of not more than five persons
(excluding servants) who need not be related by blood or marriage living together in a
dwelling unit...". Is this definition accurate in light of past Court cases?
A-
In the case of City of Santa Barbara vs. Beverly Adamson, the California Supreme
Court decided that precluding more than five unrelated persons from residing together is
unconstitutional. Another case; City of Chula Vista vs. Pagard, supported that decision under
certain conditions as follows:
The group of persons must be "Living Together"; i.e. they form a close group with
social, economic and psychological commitments to each other. This means that they may
share expenses, rotate chores and eat evening meals together.
Situations where rooms are rented, people maintain separate appliances, or
members of the group are changed at frequent intervals (such as each month or so), are
nothing else than rooming houses, or other guest room arrangement not within the realm of a
single family.
(Dept. Mgr. memo 8-4-81, C.A.O. 7-1-81)
pg. 13
Zoning Manual
Section 12.03
This item consists of seven questions and answers on Community care facilities that serve
six individuals or less.
Q1 -
A1 -
Section 1502 of the State of California Health and Safety Code textually states as
follows:
"As used in this chapter:
(a)
"Community care facility" means any facility, place or building that is
maintained and operated to provide non-medical residential care, day treatment,
adult day care, or foster family agency services for children, adults, or children and
adults, including, but not limited to, the physically handicapped, mental impaired,
incompetent persons, and abused or neglected children, and includes the following:
(1) "Residential facility" means any family home, group care facility, or
similar facility determined by the director, for 24-hour non-medical care of
persons in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual.
(2) "Adult day care facility" means any facility that provides non-medical care
to persons 18 years of age or older in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living
or for the protection of the individual on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that provides
nonmedical care, counseling, educational or vocational support, or social
rehabilitation services on less than a 24-hour basis to persons under 18
years of age who would otherwise be placed in foster care or who are
returning to families from foster care. Program standards for these facilities
shall be developed by the department, pursuant to Section 1530, in
consultation with day treatment and foster care providers.
(4) "Foster family agency" means any individual or organization engaged in
the recruiting, certifying, and training of, and providing professional support
to, foster parents, or in finding homes or other places for placement of
children for temporary or permanent care who require that level of care as an
alternative to a group home. Private foster family agencies shall be
organized and operated on a nonprofit basis.
pg. 14
Zoning Manual
(5) "Foster family home" means any residential facility providing 24-hour
care for six or fewer foster children that is owned, leased, or rented and is
the residence of the foster parent or parents, including their family, in whose
care the foster children have been placed. The placement may be by a
public or private child development agency or by a court order, or by
voluntary placement by a parent, parents, or guardian.
(6) "Small family home" means any residential facility, in the licensee's family
residence, that provides 24-hour care for six or fewer foster children who
have mental disorders or developmental or physical disabilities and who
require special care and supervision as a result of their disabilities. A small
family home may accept children with special health care needs, pursuant to
subdivision (a) of Section 17710 of the Welfare and Institutions Code. In
addition to placing children with special health care needs, the department
may approve placement of children without special health care needs, up to
the maximum capacity.
(7) "Social rehabilitation facility" means any residential facility that provides
social rehabilitation services for no longer than 18 months in a group setting
to adults recovering from mental illness who temporarily need assistance,
guidance or counseling. Program components shall be subject to program
standards pursuant to Article 1 (commencing with Section 5670) of Chapter
2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility that provides
mental health treatment services to children in a group setting and that has
the capacity to provide secure containment. Program components shall be
subject to program standards developed and enforced by the State
Department of Mental Health pursuant to Section 4094 of the Welfare and
Institutions Code.
Nothing in this section shall be construed to prohibit or discourage
placement of persons who have mental or physical disabilities into any
category of community care facility that meets the needs of the individual
placed, if the placement is consistent with the licensing regulations of the
department.
(9) "Full-service adoption agency" means any licensed entity engaged in the
business of providing adoption services, that does all of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination of
parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or child.
pg. 15
Zoning Manual
Q2 -
A2 -
Section 1566.3 of the State of California Health and Safety Code states in part:
"Whether or not unrelated persons are living together, a residential facility which
serves six or fewer persons shall be considered a family for the purposes of this
article. In addition, the residents and operators of such facility shall be considered a
family for the purposes of any law or zoning ordinance which relates to the
residential use of the property pursuant to this article. ...
...No conditional use permit, zone variance, or other zoning clearance shall be
required of a residential facility which serves six or fewer persons which is not
required of a family dwelling of the same type in the same zone.
Use of a family dwelling for purposes of a residential facility serving six or fewer
persons shall not constitute a change of occupancy for purposes of ... local building
codes. ...
pg. 16
Zoning Manual
For the purposes of this section, "family dwelling," includes, but is not limited to,
single family dwellings, including units in duplexes, and units in apartment
dwellings, mobile homes located in Mobile home parks, units in cooperatives, units
in condominiums, units in townhouses, and units in planned unit developments."
(End of quote)
As stated, the State Code preempts any city ordinance. Therefore, the City of Los
Angeles cannot impose any restrictions or requirements on these State-licensed
facilities unless they are applicable to all dwellings of the same type in the same
zone.
Q3 -
Specifically, per State law, what types of facilities are permitted to be treated as
residential use?
A3- The following uses are permitted when the number of persons served does not
exceed six and the State has granted the appropriate license:
a)
b)
family care home, foster home or group home for mentally disordered or
otherwise handicapped persons or dependent and neglected children.
c)
d)
A facility used for the housing of "wards of the juvenile court", is not considered a
community care facility even if it houses six or less clients and therefore such use cannot be
considered as residential.
Q4 -
Can community care facilities housing six or less persons be established in several
apartment units within an apartment building?
A4 -
Section 1520.5 of the Health and Safety Code contains provisions that prevent over
concentration of residential care facilities which impair the integrity of residential
neighborhoods. Section 1520.5(b) states:
"(b) As used in this section, "over concentration" means that if a new license is
issued, there will be residential care facilities which are separated by a distance of
pg. 17
Zoning Manual
300 feet or less, as measured from any point upon the outside walls of the
structures housing those facilities. Based on specific local needs and conditions,
the director may approve a separation distance of less than 300 feet with the
approval of the city or county in which the proposed facility will be located."
Section 1520(f) further states:
"(f) Foster families and residential care facilities for the elderly shall not be
considered in determining over concentration of residential care facilities, and
license applications for those facilities shall not be denied upon the basis of over
concentration."
Q5 -
A5 -
Q6 -
How many staff members are allowed in the facility to administer the program?
A6 -
The State code is silent on this issue. It only specifies that the limit of "..."six or
fewer persons" does not include the licensee or member of the licensee's family or persons
employed as facility staff."
Q7-
Does the Fire Department need to approve a facility that cares for 6 or fewer
persons?
A7-
Yes, while the City cannot impose additional requirements on these facilities, the
State Fire Marshall has adopted standards for the life safety of the occupants. The Fire
Department of the City of Los Angeles is in charge of assuring that these standards are met.
Any work, not otherwise exempt from a permit, that needs to be done to meet those
standards must be performed under a building permit.
pg. 18
Zoning Manual
pg. 19
Zoning Manual
Section 12.03
Frontage. Definition.
pg. 20
Zoning Manual
Section 12.03
Q-
From the Zoning Code standpoint how does a Guest Room, a Guest House and
Accessory Living Quarters differ from each other?
A-
While these types of uses may have similar floor layouts in that they all contain
sleeping rooms, full bathrooms and, no kitchens, their intended use is substantially different.
Use: An important difference is that both a Guest House and a Guest Room (which
is a typical hotel room) constitute main uses, while an Accessory Living Quarters can only
exist when accessory to a single family dwelling on the same lot.
A Guest House, and a Boarding House (both defined in L.A.M.C. Sec. 12.03) may
contain up to five guest rooms. A building that contains more than five guest rooms becomes
a hotel, hostel, apartment or apartment-hotel.
Zone and lot area requirements: Accessory Living Quarters are permitted in any
zone in conjunction with a single family dwelling provided the lot meets the minimum area
required for an accessory living quarters specified in the particular zone. Projects in the R3
and less restrictive zones require special consideration for possible flexible use. A guest
room is permitted in a zone according to the classification of the building in which it is
contained, (i.e. Boarding House, Hotel etc.) and must comply with the applicable zone's lot
area requirements.
Parking: Accessory Living Quarters do not need to be provided with additional
parking except as required by 12.21A17(h). Guest rooms, on the other hand, must be
provided with parking as required by Section 12.21A4(b).
pg. 21
Zoning Manual
Section 12.03
Definition.
Q-
A-
pg. 22
Zoning Manual
Section 12.03
Definition.
Q-
A-
pg. 23
Zoning Manual
This interpretation became effective for plans submitted after May 4, 1993 but does
not apply to any building or structure in areas governed by Specific Plans that specifically
treat height measurement or in areas regulated by "Hillside" regulations.
ZA 91-0845(ZAI)), Supersedes ZA 86-1089(ZAI)
pg. 24
Zoning Manual
Section 12.03
Non-commercial Keeping of
Including Fowl) Pigeon Keeping
Birds
(Not
Q-
A-
In researching the answer to the above question it became apparent that the Use
List [ZA94-0288(ZAI)] is inconclusive on the subject of pigeon keeping.
In this case, however, the Zoning Administrator, by ZA 84-0961 ZAI, opined that
aviaries are associated with bird raising, including pigeons, and are for commercial or
agricultural purposes. Aviaries are permitted in the A1, A2, MR1, M1, MR2, M2, and M3
Zones and therefore so is pigeon keeping as an agricultural or commercial main use.
This is contrasted with the keeping of pigeons as a hobby or as pets and not for
commercial purposes. Inasmuch as they are not considered fowl1, the non-commercial
keeping of pigeons without regards to the number is a permitted accessory2 use in the RA,
RE, RS, R1, RU, and RZ Zones under the definition of accessory use contained in Section
12.03.
1
pg. 25
Zoning Manual
Section 12.03
Kennel - Definition.
Q-
Can the occupant of a dwelling who keeps more than four dogs on a residential lot
for non-commercial use, be considered to be in violation of the Zoning Code for maintaining a
dog kennel?
A-
Yes, regardless of whether the dogs are kept only as pets, for the enjoyment of a
homeowner, or are used in some commercial activity, when more than four dogs of at least
four months of age are kept on a parcel of land, it will constitute a dog kennel. Such use is
not permitted on a residential lot.
A kennel is first permitted by right in the MR1 zone if located 500 ft. or farther away
from a residential zone.
(C.A.O. 391, Code Item)
pg. 26
Zoning Manual
Section 12.03
Q-
In the case where a record lot was cut by an old lot split (before such split required the
approval of City Planning) into two parcels whereby a land locked parcel was created behind
the other parcel that abuts the street, can building permits for construction be issued on
either of the two parcels?
A-
No, a permit cannot be issued for construction on either of the two parcels. Section
12.21C1(c) requires that every main building be located on a "Lot". A land-locked parcel
does not meet the definition of "Lot" in Section 12.03 which requires frontage "for a distance
of at least 20 feet upon a street."
Even though the remaining parcel abutting the street meets the definition of "Lot," it
cannot be issued a permit because such construction upon the conforming parcel would tend
to freeze the situation and establish the other parcel irrevocably as being illegal and useless.
Both parcels can be legalized by providing a Private Street and a Certificate of
Compliance as approved by City Planning.
(C.A.O. 417X)
pg. 27
Zoning Manual
Section 12.03
Q-
Other than lot subdivisions resulting from a Tract Map or a Parcel Map, what
documents are acceptable for an applicant to show proof that an old lot cut was done legally?
A-
All non-record parcels (those cut without a Tract Map or Parcel Map must have
their lot cut date established to determine if the cut was made in compliance with the State
Law requirements at the time the cut was made.
The following is a list of acceptable and unacceptable documentation:
Acceptable evidence:
1-
2-
3-
4-
5-
6-
Quitclaim Deed
2-
Trust Deed
3-
Title Policy
4-
Building Permit
pg. 28
Zoning Manual
Section 12.03
Q-
What are the applicable dates and lot size requirements necessary to establish
legality of a lot cut depending on the zone of the subject lot?
A-
The following is a summary of the applicable dates and lot size requirements
depending on the zone:
First determine the zone of the lot and if the lot is substandard as to area or width, it must
have been cut prior to the date stated. If the lot was cut after the specified date, the lot cut
was not done legally (Also see Notes at the end of this answer.)
pg. 29
Zoning Manual
LOT DIMENSIONS OF EXISTING LOT CUT WITHOUT LOT CUT IS LEGAL ONLY IF
CITY PLANNING APPROVAL
THE CUT WAS DONE PRIOR
TO (date)
R ZONES (Except RA, RS, RE and any zone within the H district)
Lot area is less than 5,000 sq. ft. OR the lot width is less 6-1-1946
than 50 ft.
Lot area is at least 5,000 sq. ft. AND the lot width is at 7-29-1962
least 50 ft.
RA ZONE (See note No.2)
Lot area is less than 17,500 sq. ft. (or less than 20,000 6-1-1946
sq. ft. incl. area of street to centerline) OR the lot width is
less than 70 ft.
Lot area is at least 17,500 sq. ft. (or 20,000 sq. ft. incl. 7-29-1962
area of street to centerline) AND the lot width is at least
70 ft.
RS ZONE
Lot area is less than 7,500 sq. ft. OR the lot width is less 6-1-1946
than 60 ft.
Lot area is at least 7,500 sq. ft. AND the lot width is at 7-29-1962
least 60 ft.
RE ZONES (See note No.2)
Lot area is less than 5,000 sq. ft. OR the lot width is less 6-1-1946
than 50 ft.
Lot area is at least 5,000 sq. ft. but less than 11,000 sq. 7-1-1955
ft. OR the lot width is at least 50 ft. but less than 70 ft.
Lot area is at least 11,000 sq. ft. AND the lot width is at 7-29-1962
least 70 ft.
R1-1-H, RE11-1-H and any other zone with the H designation (See note No.2)
Lot area is less than 5,000 sq. ft. OR the lot width is less 6-1-1946
than 50 ft.
Lot area is at least 5,000 sq. ft. but less than 15,000 sq. 6-29-1960
ft. OR the lot width is at least 50 ft. but less than 80 ft.
Lot area is at least 15,000 sq. ft. AND the lot width is at 7-29-1962
least 80 ft.
pg. 30
Zoning Manual
A1 ZONE
Lot area is less than 5,000 sq. ft. OR the lot width is less 6-1-1946
than 50 ft.
Lot area is at least 5 acres AND the average lot width is 7-29-1962
at least 300 ft.
A2 ZONE
Lot area is less than 5,000 sq. ft. OR the lot width is less 6-1-1946
than 50 ft.
Lot area is at least 2 acres AND the average lot width is 7-29-1962
at least 150 ft.
C ZONES (used for residential purposes)
Lot area is less than 5,000 sq. ft. OR the lot width is less 6-1-1946
than 50 ft.
Lot area is at least 5,000 sq. ft. AND the lot width is at 7-29-1962
least 50 ft.
C ZONES (not used for residential purposes)
Lot size is any size, BUT the lot width is less than 40 ft.
6-14-1962
Lot area is any size AND the lot width is at least 40 ft.
7-29-1962
M ZONES
Lot the lot width is any size AND the lot width is any size. 7-29-1962
Notes:
1.
If a lot is cut prior to a zone change, the date applicable to the zone at the time of the
cut must be used.
2.
RE11, RE15 and RE20 zones were established on May 2, 1965 with minimum widths
of 70, 80 and 80 feet and minimum lot area 11,000, 15,000 and 20,000 sq. ft.
respectively. Prior to that date, only RE zone (with no suffix) existed. On May 2, 1965
those RE lots became designated as RE11. The RE40 zone was subsequently
established on July 8, 1965 with a minimum width of 80 feet and lot area of 40,000 sq.
ft.
3.
Lot cuts made after 7-29-62 require that additional procedures be followed in
conformance with the States Subdivision Map Act, e.g.: Parcel Map, Tract Map, or
pg. 31
Zoning Manual
P.M. Ex. Any cut performed in violation must obtain a Certificate of Compliance from
the Department of City Planning before a permit can be issued.
4.
In cases where a dwelling was built prior to September 6,1961 with frontage on a
private road easement, the easement can be used for access. If any new construction
on such lot is proposed, private street approval from City Planning is necessary.
5.
See Sec. 12.22C22 for flag lots in the H hillside areas or in the Mountain Fire District
for lot widths.
6.
7.
Regardless of the zone, any lot cut performed after 7-29-62 not in conformance with
the Subdivision Map Act is considered illegal.
pg. 32
Zoning Manual
Section 12.03
Q-
Is the recordation of a lot tie affidavit required when interior alterations are proposed to
an existing building developed over more than one lot?
A-
Lot tie affidavits are generally not required for tenant improvements to existing
buildings straddling property lines. However, major changes of use or occupancy, and
particularly those that affect existing parking requirements, will require the affidavit.
(Exec. Officer memo 11-20-92)
pg. 33
Zoning Manual
Section 12.03
Q-
A-
pg. 34
Zoning Manual
pg. 35
Zoning Manual
Section 12.03
Q-
One of the criteria specified in the code for defining a mini-shopping center is whether
more than one retail business is located within the building or buildings located on the site.
How does one determine if a proposed "shell" building contains more than one retail
business at the time plan check is performed?
A-
The Zoning Administrator has determined that two key features to look for in
determining the number of retail businesses located on a site are:
1)
The number of entrances to the building. If the building is subdivided in such a way
that access to the various portions (other than small storage areas) of the building is
only possible from the outside, then it is to be assumed that more than one business is
located on the site.
2)
Interior layout of the building. If the floor plan shows that various areas inside the
building are not interconnected to promote internal circulation, or otherwise the interior
layout is such that it will likely hold more than one business, then the determination
that more than one business is located on the site should be made.
"Flexible" floor layouts: For multi-tenant buildings that are not purportedly used for
retail purposes but contain large exterior glass storefronts, see "Section 12.21A4(c)
Warehouse (and wholesale buildings) Parking. Multiple tenants with glass storefronts."
of this manual.
(Z.A. 89-0944(ZAI))
pg. 36
Zoning Manual
Section 12.03
Q -
Is a site which is developed with a gasoline service station and a car wash business
considered as a mini- shopping center? In other words, are these two uses considered two
separate retail businesses?
A - If the car wash is not greater than 500 square feet in area, the car wash can be
considered an accessory use as specified in the ordinance and therefore such use does not
constitute a mini-shopping center. Further, the Zoning Administrator has determined that the
car wash cannot be open between 11 p.m. and 7 a.m. If the car wash exceeds 500 square
feet or is open between 11 p.m. and 7 a.m. then a CUP is required.
In the event the car wash is part of a commercial corner development as defined in the
code, then a CUP is required regardless of the size of the car wash.
(Z.A. 89-0944(ZAI))
pg. 37
Zoning Manual
Section 12.03
pg. 38
Zoning Manual
Section 12.03
Q-
Does the area beneath a Netted Horticultural Structure (NHS) constitute Floor Area for
off-street automobile parking and other Zoning Code requirements?
A-
pg. 39
Zoning Manual
Section 12.03
Q1 -
Under what conditions and in what zones are outdoor dining areas permitted in
conjunction with restaurants?
A1 -
Q2 - Which provision takes precedence; that contained in the Code or that in the ZAI?
pg. 40
Zoning Manual
A 2-
These provisions overlap in some cases but do not supersede one another. An
unroofed area used for dining in conjunction with a restaurant may be permitted per ZAI 1808
in the C2 and less restrictive zones. A roofed, though not completely enclosed Outdoor
Dining Area, must comply with the limitations in the Code specified above and those
contained in each zone or else, the floor area must be computed in the normal manner. In
the CR, C1 and C1.5 zones, Outdoor Eating Areas are permitted only if they comply with
the definition in Section 12.03 and the regulations contained in each zone.
pg. 41
Zoning Manual
Permitted
O.K.
zones
Per
Code
and
as
defined in
Sec. 12.03
Per
1808
1
ZAI
in
Permitted in Yards
Roofed/
Unroofed
Max. area
Floor
Area 1
Other
limitations
C2,C4,CM
&M
Either
50%
of
interior
dining area
Exempt
Ground Floor
Restaurant
CR,
C1.5,
No
Unroofed
only
C1,
C2,C4,CM
&M
No limit
No
any level
pg. 42
Zoning Manual
Section 12.03
Q-
A-
According
to
the
definition
of
Recreation
Room
in
Section
12.03,
acceptable plumbing fixtures would be those
"...that are utilized in a bar or for hobby
activities. Such a room ... may not include
facilities for the cooking and preparation of
food." Therefore, the Department has
historically permitted up to bath and a
single compartment bar sink in a recreation
room. Figures No. 10 & 11 show typical
recreation room floor plans depending on
whether there is a swimming pool on the lot or
not.
pg. 43
Zoning Manual
Section 12.03
Q-
When is a kitchen, in a dwelling unit, considered a habitable room for the purpose of
calculating parking space requirements?
A-
10'
Parking:
3 habit. rms.
(kit/din +
liv. rm. +
bedroom.)
Density:
3 habit.
rooms.
(kit +
bath
dining
room
liv. rm.
kitchen
> 100
10'
bedroom
liv/din room +
bedroom.)
10'
Parking:
2 habit. rms.
(kit +din/
liv room)
Density:
1 habit. rm.
(liv.din rm)
bath
dining
kitchen
<100
9'
liv. rm.
Figure 12
pg. 44
Zoning Manual
Section 12.03
Q-
How is the number of stories determined for a stepped building on a sloping lot?
A-
Figure No. 13 included below indicates how the number of stories is determined in the
case of a stepped building that essentially parallels the grade contour. Note that in order to
use this concept the maximum step permitted in the building is 4 feet. In addition, per Section
12.21C1 and 12.21.1A8, in determining the required side and rear yards of a building as well
as in determining the number of stories, any basements containing habitable rooms shall be
considered a story.
(Z.E. memo 11-22-94)
pg. 45
Zoning Manual
Section 12.03
Story Determination
Buildings.
for
Irregularly-shaped
Q-
How is the number of stories determined for a donut-shaped building with an inner
court and varying grade elevations?
A-
The illustration provided in Figure No.14 clarifies that, in these instances, only the
exterior perimeter of the building is taken into account.
pg. 46
Zoning Manual
Section 12.03
Q-
The Old Venice District has many thoroughfares labeled as named streets, Courts,
and Places that are of substandard street width. How are these thoroughfares considered
with regard to setbacks and passageway requirements?
A-
pg. 47
Zoning Manual
Section 12.03
Q-
What is the significance of the designation Hillside on certain streets when indicated
on ZIMAS?
A-
Under former ZAI 1270, the Chief Zoning Administrator issued a 1950 ruling which
provided that (only) in hillside areas identified through the printing of the word Hillside on
the street as depicted on the ZIMAS and determined to be significantly impacted by
topographical features, no setback from the street would have to be observed by a dwelling
or garage.
However, that ruling has since been revised in order to improve access by vehicles,
including emergency vehicles, driver visibility and prevailing setback. Therefore,
notwithstanding any provisions of the Municipal Code to the contrary, it is now required to
provide a prevailing yard with a minimum 5-foot setback to any structure citywide on Hillside
stamped streets.
Only when a prevailing setback cant be determined (see prevailing setbacks calculation in
this manual), provide a 5-foot setback in lieu of the standard front yard as required for the
Zone. When applicable, larger setbacks required by ICOs or Specific Plans, must be
provided.
(ZA 2001-0331(ZAI) as clarified on 1-5-94), Supersedes ZAI 1270, ZA 90-1439 ZAI
(Repealed ZAI 1270)
pg. 48
Section 12.03
Q -
Provide an abbreviated method of calculating the required width of side yards for A
and R zones depending on various circumstances.
A-
pg. 49
Section 12.03
Q -
A-
pg. 50
Zoning Manual
Section 12.03
Q-
A-
The term Height of Building or Structure is defined in Section 12.03 of the Zoning
Code, in part, as ... the vertical distance above grade measured to the highest of the roof,
structure, or the parapet wall, whichever is highest... .
The term Grade (Adjacent Ground Elevation) is further defined in the same section, in part,
as ...lowest point of elevation of the finished surface of the ground, paving or sidewalk within
the area between the building and the property line, or when the property line is more than 5
feet from the building, between the building and a line 5 feet from the building.
The term Building is then further defined in the same section 12.03 as Any structure having
a roof supported by columns or walls, for the housing, shelter, or enclosure of persons,
animals, chattels or property of any kind. Thus, if there are any exterior walls or columns on
a structure, that wall and/or columns defines the perimeter of a building. For example,
attached decks which are supported by columns are considered to be part of the building and
therefore the outermost supporting columns of the deck are considered to be the perimeter of
the building.
There are some instances in which there are no supporting walls or columns under certain
elements of a building. For example a cantilever balcony is supported at a wall or
beam/column line at some distance from the edge of the balcony. Historically, up to 5 feet of
cantilever projection has been allowed without it being considered as part of a building
when defining height of a building. Similarly, for many years, the Building Code specifically
allowed a projection of up to 5 feet beyond a building line without having it be considered as
part of the floor area.
Thus, when determining the height of a building, any open, unenclosed, cantilever balcony,
not exceeding 5 feet beyond the support, are not to be included in the definition of a building.
In cases in which balconies exceed 5 feet, up to 5 feet of the balconies may be excluded
from the definition of the building. See the attached two sketches for illustrations. The first
Figure illustrates cases in which a projection does not exceed 5 feet. The second Figure
illustrates cases in which a projection exceeds 5 feet.
For floor area determination, refer to Information Bulletin No. P/BC 2002-02.
pg. 51
Zoning Manual
pg. 52
Zoning Manual
Section 12.04
Q-
How are the Use, Height and Floor area regulations applied to lots that have more that
none zone and (or) height district designation?
A-
pg. 53
Zoning Manual
in R4-1 zone
The maximum floor area for a building (or portion) in the R4-1 portion of the lot is therefore
3x4050 = 12,150 sq. ft.
Similarly, the maximum floor area of a building (or portion) in the R4-2 zone is 6x2250 =
13500 sq. ft.
Example 2: This situation
as illustrated below involves a lot
zoned C2-1/PB-2. The floor area
for a building in the C2-1 is limited
to 1.5 times the B.A. of the C2
zone only with no limitation of
stories.
B. A. of C2-1 = 60x100 =
6000 sq. ft.
(There are no yards required for a
commercial building)
Max.
floor
area
for
commercial building in C2 portion
is then 1.5x6000 = 9000 sq. ft. A
parking building is the only use
permitted for a building in the PB2 zone. Such building presents a
special case in that it is not
subject to a floor area limitation;
instead in the PB-2 zone a
parking building is only limited to
a height of 6 stories.
(Training Officer memo 9-7-93)
pg. 54
Zoning Manual
Section 12.04.09
Q-
Signs in PF Zones
A-
Although signs are not specifically enumerated as permitted uses under LAMC
Section 12.04.09, using signs for identification and for the display of messages and
information related to the use of the property is inherently integral with the main use of the
property. Therefore, signs displaying messages, identification and/or information regarding
the use on the same lot are permitted, subject to the limitation under LAMC Section 91.6208,
monument signs, Section 91.6209, Projecting Signs, Section 91.6210, wall signs, and
Section 91.6211, illuminated architectural canopy signs.
pg. 55
Zoning Manual
Section 12.05A6
Q-
Please clarify conditions of operation for a plant nursery in the A1, and A2 zones.
A-
The Zoning Administrator has interpreted that plant nurseries in agricultural zones
may only sell those products which are grown on the premises. This is based on the fact that
the code allows one stand in the A1 and A2 zones "for the sale of those products raised or
produced on the same premises...." These products may be sold at retail or at wholesale.
Similarly, the code also allows greenhouses, lathouses and buildings or rooms used "for
packing of products raised on the premises".
Even though products may be sold at retail or wholesale, the nurseries permitted in
the A1 and A2 zones are the growing/producing-type of nurseries and not the commercialtype retail nurseries such as those first permitted in the C2 zone.
Plants that have to be started under certain favorable conditions not encountered at
the subject A1 or A2 site, may be brought to the site for further propagation but would have to
remain on the premises long enough to have attained growth to require transplanting to new
pots or containers before they are sold from the premises. In other words, plants brought in
only to be resold are not considered to have been "raised or produced on the premises" and
therefore, such activity would constitute a violation in the A1 or A2 zone.
In no event is the sale of gardening supplies, tools, seeds, fertilizers etc. permitted in
the A1 and A2 zones.
(ZAI 1840, V. N. Zoning Manual '67, Information Bulletin No. P/ZC 2002-007)
pg. 56
Zoning Manual
Section 12.06
Q -
Can the Department of Recreation and Parks of the City of Los Angeles lease its land
to a private enterprise and allow it to be developed with a recreational use such as a
miniature golf and arcade project in the A2 zone?
A-
"(d)
Parks, playgrounds or community centers, owned and operated by a
governmental agency"
"(e) Golf courses; except driving tees or ranges, miniature and pitch and putt
courses...and similar uses operated for commercial purposes."
The primary question here presented is whether a miniature golf course seemingly operated
for a commercial purpose may properly be established on A2 land notwithstanding the
express prohibition contained in Section 12.06A2(e).
The City Charter gives the Department of Recreation and Parks the authority to
determine what is a park and recreational use. If Recreation and Parks determines that the
project (e.g. miniature golf and arcade) constitutes a recreational use, the Department of
Building and Safety must accept that determination as controlling. Hence, the proposed
project would be regulated by Subsection "d".
The City Attorney further interpreted that even though the facilities are constructed by
a private party through a long term lease, the Department of Recreation and Parks is still
assumed to exercise control over the proposed playground.
(C.A.O. 530)
pg. 57
Zoning Manual
Section 12.07A6
Q-
Since the RA zone allows farming (excluding animal raising) and truck gardening
(including nurseries), is the display and sale of products that have been grown on the lot
permitted to be conducted in the premises?
A-
Unlike the A1 and A2 zone, the code does not allow the display or sale of products
produced upon the premises in the RA zone. Truck gardening consists of the growing of
vegetables for delivery to an approved retail (market) establishment. Similarly, in the context
of Sec. 12.07A6, Farming entails the growth and not the retail sale of products from within
the premises. A Nursery consists of plants grown on the lot that, if grown for other than
private purposes, must be sold out of an approved commercial location. The selling of
products from an RA-zoned lot is subject to Conditional Use per Section 12.24.
(Z.E. Memo 2-23-96, Information Bulletin No. P/ZC 2002-007)
pg. 58
Zoning Manual
Section 12.07.C.1
Q -
Are lots that are separated by an alley included as part of the same "frontage" when
determining prevailing setback?
A-
pg. 59
Zoning Manual
Section 12.07.C.1
Q -
Provide example illustrating how required front yard is calculated when Prevailing
Setback needs to be determined.
A-
In the following example, the prevailing setback of the block is calculated for purposes
of determining the required front yard that lot 24 must observe due to a room addition:
Note: You can utilize the Prevailing Setback Calculator provided on the
www.LADBS.org under Zoning to determine the required prevailing setback for a lot subject
to prevailing setback requirement.
1.
Total frontage=
62+4x50+55+70+65+2x40+35 = 567 feet
3.
4.
pg. 60
Zoning Manual
NOTE: The subject lot is adjoining a "Projecting Building" on lot 23. (27' is less than
prevailing setback). Per 12.22.C.5 the required setback for subject lot may be
(30+27)/2 = 28'-6"
Answer
1
The subject lot is included in the setback calculations since the Code refers to all of
the developed lots. The Prevailing setback is then a generic term that applies to the
entire block.
pg. 61
Zoning Manual
Section 12.08C1
Q -
What is the required front yard for a key lot that adjoins a commercial or industrial
reverse corner lot?
A-
pg. 62
Zoning Manual
Section 12.08C1
Q -
What is the front yard required for key lots that adjoin reverse corner lots on both sides
(double key lots)?
A-
pg. 63
Zoning Manual
Section 12.08
Q-
What is the minimum side yard requirement for lots less than 30' in width and
when does the requirement of not less than 3 feet minimum yard apply?
A-
When the side yard requirements of a zone allows a reduced yard for a narrow
lot width, the provision . . . but in no event to less than three feet in width shall be used as
the minimum yard width for lots less than 30 feet wide. All Code required increases due to
the height of the building, or the number of stories shall be added to the initial minimum
three-foot width, to arrive at the final required side yard dimension.
Example:
Section 12.08 C 2 states that for lots less than 50' wide in the R1 One-family zone, the side
yard may be reduced to ten percent of the width of the lot, but in no event to less than three
feet in width.
INCORRECT WAY TO CALCULATE SIDE YARD EXAMPLE:
R1 Zone, lot width is 25 feet, building height is 27 feet and the lot is not subject
to the hillside regulations.
Per 12.08C2(a) the required five foot side yard may be reduced to no less
than three feet.
25 ft. x 10 % = 2.5 ft.
A one foot increase is required due to a building height of greater than 18 feet
per Section 12.08C.2.(b).
2.5 ft. + 1 ft. = 3.5 ft. > 3 ft. minimum side yard required.
This result is NOT correct
pg. 64
Zoning Manual
pg. 65
Zoning Manual
Section 12.09C2
Q-
This section states that side yards in the R2 zone are required to be the same
as required in the R1 Zone - Section 12.08 C2. Does that mean that (Big House) Section
12.08 C2(b) side yards apply to construction in the R2 Zone ?
A-
Although the Ordinance does not specifically regulate the R2 Two-family zone,
this section of the zoning code refers side yard requirements to be same as required in R1
zone. Therefore, main buildings in the R2 zone require side yard increase due to the height
of building as mandated by the zoning code in the same manner as the R1 zone.
(Z.E. memo 5-26-95)
pg. 66
Zoning Manual
Section 12.09.1B4
Q-
The RD zone regulations are silent regarding lots of non-conforming area and/or
width. What are the density requirements for such legal nonconforming lots?
A-
While it is true that this zone does not contain specific provisions for lots of
nonconforming area and/or width, the provisions of 12.23-E can be applied. This section
states that "A nonconforming lot may be occupied by any use permitted in the zone in which
it is located, except for those uses which require a width, area or other lot dimension other
than the minimum specified in the area requirements of said zone. However no more than
two dwelling units shall be permitted on a lot with an area of less than 4000 square feet...".
Consequently, nonconforming lots as to width or area may be developed using the
appropriate density ratio. In the event such lot has an area of less than 4000 sq. ft. it must
then be limited to no more than two units.
For example a 3999 sq. ft. lot of RD-1.5 zone (1500 q. ft. per unit) can be
developed with two units. If the lot were zoned RD-2 (2000 sq. ft. per unit) then it could only
contain one unit. Further, if zoned RD-4 or RD-5 or RD-6, only one unit can be built on such
lot without an area variance from City Planning.
(ZAI 93-0228)
pg. 67
Zoning Manual
Section 12.09.3
Q-
What authority does the City of Los Angeles have to enforce zoning ordinances in
mobile home parks?
A-
pg. 68
Zoning Manual
Section 12.12
in
Q-
This code section specifies that hotels, motels or apartment hotels are permitted
under certain conditions. Uses incidental to such buildings are also permitted "...provided
such business is conducted only as a service to persons living therein...." In light of this
provision, can restaurants in such hotels, motels, and apartment hotels on lots zoned R5
serve food to the general public who are neither guests nor tenants of the building?
A-
No, from the statements above, it is clear that restaurants in hotels, motels, or
apartment hotels are not permitted to serve the general public but only the persons living or
residing therein. Immediate guests of building tenants can also be served and such service
would be considered as being provided to persons "living therein".
An occasional uninvited customer that is not a guest may be served provided there
was no intentional effort to advertise or otherwise attract the general public.
On the other hand, this would not permit the utilization of the facilities by an
organization or a club simply because one of the members of such organization rents a unit
or guest room in the building in order to gain access to the building's facilities.
Additionally, a company, community organization or similar, cannot rent a unit or
guest room and then sell tickets for food or drinks to be consumed in the restaurant within the
building. The participants are no longer considered as guests but as paying customers.
(C.A.O. 528(BS)/529(CP))
pg. 69
Zoning Manual
Section 12.12C4
Q-
Under this code section, minimum lot area in the R5 zone are not defined for guest
rooms as in the R3 and R4 zones, but guest rooms are a permitted use in the R5 Zone. Is
there a minimum lot area per guest room in the R5 zone even though it does not specify
such?
A-
The R5 zone has no lot area regulation for the guest rooms. The only lot area
provision for the R5 zone is that the minimum lot area unit shall be 200 sq. ft. This is not an
error by omission since the guest rooms are a permitted use in the R5 zone.
Height district limitations on total floor area in the building prevent an unlimited number of
guest rooms.
pg. 70
Section 12.12.1A3(b)
Q-
pg. 71
Zoning Manual
Section 12.12.2A1
Q -
The CR zone does not allow clinics nor hospitals. What is the definition of a clinic?
How are clinics different from medical offices?
A-
pg. 72
Zoning Manual
April10, 2013
TO:
Lincoln Lee
Department of Building and Saftey
FROM:
Linn K. Wyatt
Chief Zoning Administrator
Department of Planning
SUBJECT:
Los Angeles Municipal Code Section 12.12.2-A,1, subsections (g) and (h), establishes
that the following uses are permitted within the CR Limited Commercial Zone:
(g)
(h)
Within the CR Zone, Rapid HIV Antibody Screening Test procedures are
permitted as follows:
1)
2)
References:
th
pg. 73
See the attached "FDA-approved Rapid HIV Antibody Screening Tests" list dated
February 4, 2008, for the CLIA "waived" tests. The most current FDA-approved list shall
be used to determine those "waived" screening tests that are permitted in the CR Zone,
as explained above.
Note: Those HIV rapid tests that are "waived" per the CLIA program categories, but that
use venipuncture to obtain a specimen are not permitted by-right in the CR Zone. In
addition, rapid tests that are categorized as other than "waived" per the CLIA categories
(i.e., "moderate complexity", "high complexity", "non-waived") are not permitted by-right
in the CR Zone. These CLIA categories of test procedures, as well as tests that rely on
venipuncture, are routinely performed in laboratories, and thus would not be allowed in
the CR Zone except via separate entitlement (e.g., conditional use for a hospital).
LKW:Imc
th
pg. 74
pg. 75
Section 12.12.2A9
Open Storage
enclosures
in
the
CR
zone.
Trash
Q-
Since open storage is not permitted in the CR, C1, and C1.5 zones, are open trash
enclosures permitted in these zones?
A-
The Department has allowed any building in the above zones to have open storage
of trash containers or movable trash bins provided:
1-
2-
The trash storage area is completely enclosed by a solid wall or fence (with
necessary solid gates) not less than six feet high.
3-
No trash is stored in the trash storage areas except that which is generated
by the buildings or by the permitted uses on the lot.
pg. 76
Zoning Manual
Section 12.12.3A2(a)25
Open Storage
Enclosures.
in
the
C1
zone.
Trash
pg. 77
Zoning Manual
Section 12.13.5A2(b)2
C1.5 zone
Stores.
Use
limitations.
Second-Hand
Q -
Uses permitted in the C1.5 zone include certain retail stores. This zone, however,
requires that all merchandise be sold new. Are there any exceptions that permit used
merchandise to be sold in the C1.5 zone?
A-
Stores selling second hand books, (provided books are primarily confined to hard
back with not more than 15% of the books being of the paperback variety), postage stamps,
coins, antiques, objects of art, refurbished pinball machines, arcade games and jukeboxes
are permitted in the C1.5 zone. These products (except for used books) derive their value
from their historical meaning and are generally collector's items
(ZA 93-0112(ZAI))
pg. 78
Zoning Manual
Section 12.13.5A9
Trash
pg. 79
Zoning Manual
Section 12.13.5B1
Q-
This code section requires a 10' front yard for all lots and also requires a side and
rear setback in the C1.5 zone as required in the C1 zone. However, C1 zone regulations
provide that for a corner lot, the front lot line shall be that which adjoins a major or secondary
highway. Is this provision (for corner lots) also applicable to the C1.5 zone even though it is
not specifically mentioned in the code?
A-
pg. 80
Zoning Manual
Section 12.14A
Q-
A-
Item 27 of the above Code Section permits automobile repair by right in the C2 zone
when located more than 300' from an RA or R zone. A tow truck operation can be considered
as an incidental use to a lawfully established repair garage provided that the tow trucks only
go out to perform emergency roadside service or to bring vehicles to the premises for repair.
Transported automobiles must be repairable and may be stored on the site if they
are intended to be repaired. Sections 12.26I(4) and 12.14A42 contain the requirements for
the storage of vehicles.
Also see Sec. 12.14A42 Open Storage in Conjunction with Automotive Repair
Shops in C2 zone in this manual.
(ZAI 2035)
pg. 81
Zoning Manual
Section 12.14A
Baseball Batting
Q-
Are baseball batting cages permitted in the C2 zone. Additionally, how are their
parking requirements figured?
A-
Baseball batting cages have been considered as an amusement enterprise and thus
are allowed in the C2 or less restrictive zones except the C4 Zone. Per ZAI Case No. 1363,
batting cages are allowed without having to be located within a completely enclosed building.
The netting (e.g. chain link) that typically is part of a batting cage's construction is used for
containment of the balls and does not constitute a building. A "building" as defined in Section
12.03 is "any structure having a roof ... for the housing, shelter, or enclosure of persons...."
Chain link fencing material, in this application, does not meet that criteria.
Since a batting cage is not classified as a building, there are no provisions in the
Zoning Code for required parking and therefore no parking is required. Any accessory
buildings provided for refreshments, baseball equipment, offices, bathrooms, etc. must be
provided with 1 parking space per 100 sq. ft. of floor area.
Netting other than chain link fencing material must be individually evaluated to
determine if it would constitute a building.
Note: A batting cage, being an amusement enterprise, must comply with limitations
of C-zoned corner lots and mini-shopping centers.
(ZAI 1363, Z.E. memo 11-3-93)
pg. 82
Zoning Manual
Section 12.14A
Q-
A-
As "retail" is not defined anywhere in the code, the City Attorney has interpreted that
a retail business is that type of enterprise which is maintained for the sale of goods and
merchandise to the general public at that location. This opinion is consistent with the
definition of "retail" in Webster's Dictionary which states: "to sell in small quantities to the
ultimate consumer".
The described business does not meet the definition of retail as specified above and
therefore it is not permitted in the C2 zone even if the number of employees engaged in the
manufacturing or assembling operations does not exceed five. Such use amounts to the
operation of a small manufacturing plant with wholesale sales and would be first permitted in
the CM zone.
(C.A.O. 399)
pg. 83
Zoning Manual
Section 12.14A
Q-
A-
The zoning code has no specific listing for the sale of live poultry. Uses such as
wholesale poultry dealer, poultry keeping, poultry raising and poultry slaughterhouse are
specifically excluded from the C2 zone.
A poultry market is allowed in the C2 zone (first permitted in the C1 zone).
Inasmuch as the selling of live poultry from a poultry market would require the keeping of
poultry, which is not a permitted use within the zone, it is evident that the sale of live poultry
could not be an allowed use in the C2 zone. In addition, since a poultry market is first
permitted in the C1 zone, it becomes apparent that a poultry market was not intended to
describe the sale of live poultry.
A possible exception involving the sale of live poultry may be the sale of live poultry
as pets from pet or bird stores which would be permitted in the C2 zone.
(Z. E. Memo 7-21-95)
pg. 84
Zoning Manual
Section 12.14A
This item consists of two questions related to used furniture and used auto parts.
Q1 -
A 1-
Retail sales are first permitted in the C1 zone (by Sec 12.13.A2(a)24) provided that
articles sold are new. The Use List specifies that a furniture store is permitted in the C1 zone.
The C2 zone allows the same C1 uses without the requirement that the merchandise sold be
new. These facts would support the notion that the sale of secondhand furniture is permitted
in the C2 zone.
The confusion has arisen due to M2 regulations found in Section 12.19A4(a)3 as well
as the Use List which state that the "Storage, Display, processing or sales of secondhand
furniture and appliances." is a permitted use in the M2 zone provided that there can be "No
crushing, smashing, bailing, or reduction of metal..." with provisions for noise level limits and
open storage in bulk.
Clearly, these conditions would be irrelevant to a business engaged only in the retail
sale of secondhand furniture of the sort that would be permitted in the C2 zone. This M2 use
assumes that all of the listed functions will be carried out, i.e. storage, display, processing
and sales (not exclusively retail) of second hand furniture.
In conclusion, the retail sale of secondhand furniture in the C2 zone is permitted with
the customary limitations of Sec. 12.14A1(b). In these businesses there is no storage (other
than those articles available for sale).
Q2 -
A2 -
The confusion here is due to the statement in the Use List which indicates that
"Automobile parts are first permitted in the C2 zone. Since secondhand automobile parts are
not found in the Use List, the question of where used parts may be sold becomes unclear.
Used or secondhand auto parts is a general term that can be associated with scrap
body parts, broken down or unrepairable parts, and other accessories that may also be
labeled as "Junk". Clearly, such use would not be permitted in the C2 zone and therefore the
Zoning Administrator justifiably has differentiated between new and used auto parts.
The acceptance or sale by bona fide automobile parts retail dealers of used
automobile parts (including tires or batteries) tendered in exchange for, or in part payment of
new or previously rebuilt, reconstructed or remanufactured automobile parts shall be
permitted in the C2 zone and shall not be deemed to constitute engaging in the business of
selling or dealing in used auto parts.
pg. 85
Zoning Manual
pg. 86
Zoning Manual
Section 12.14A1(a)
Q -
Is a storage building permitted as main use in the C2 zone?. If so, under what
conditions?
A-
A storage building may be allowed in the C2 zone if it contains retail merchandise with
an incidental office in connection with a retail store operation provided the floor area does not
exceed 4500 sq. ft.
Retail merchandise may be sold elsewhere or it may be sold at the site. In cases
where the retail store is located at another site, a "Maintenance of Building Affidavit" will be
required to advise present and future property owners that the storage use is permitted as
long as it is maintained in conjunction with a specified store. The Affidavit must also specify
that the use of building will be made to comply with zone regulations in the event the use is
no longer in conjunction with the retail store.
The Zoning Administrator determined that such use is not substantially different from a
wholesale business with incidental storage space such as those permitted in the C2 zone.
Consequently, the "Use List" was modified to allow: "Storage Building for Retail Merchandise
with Office (Maximum 4500 sq. ft. of Space used for Storage)".
(Z.A.I. 2398)
pg. 87
Zoning Manual
Section 12.14A1(b)(2)
Q-
A-
The code lists a "Bakery or bakery goods distributor" as first permitted in the CM zone
(Section 12.17.1A2(a)6). Additionally, the "Use list" relegates a "Bakery goods distributor" to
the CM zone.
The Zoning Administrator, under the provisions of Section 12.21A2 of the code, is
specifically prohibited from determining that a use is permitted in one zone when the code
specifically lists the use as first permitted in a less restricted zone; e.g., a use listed in the C2
zone shall not be permitted in the C1 zone.
Consequently a Bakery Goods Distributor is not permitted in the C2 zone even if the
storage area does not exceed 4500 sq. ft.
(ZAI 1603)
pg. 88
Zoning Manual
Section 12.14A1(b)(2)
C2
zone
regulations.
Small
Parts/Accessories - Wholesale.
Aircraft
Q -
Is the wholesale distribution of small aircraft parts such as compasses, small valves,
strainers, gaskets etc. permitted in the C2 zone?
AThe Zoning Administrator has interpreted the above use to fall within the general
category of "hardware store" as such use is permitted in the C2 zone. Per Sec.
12.14A1(b)(2), the business may be operated as a wholesale enterprise if the storage space
does not exceed 4,500 sq. ft. and there is no manufacturing, assembling, compounding,
processing or treating of materials.
(ZAI 1543)
pg. 89
Zoning Manual
Section 12.14A1(b)(2)
Q -
Is there a limit as to the maximum amount of incidental storage area that a retail
store may maintain on the same lot?.
ANo, a retail store or business of the type permitted in the C2 zone is not limited as to
the amount of storage space provided that such space is used for incidental storage.
Merchandise stored must be that which is intended to be sold from the same premises.
(Z.A.I. 2398)
pg. 90
Zoning Manual
Section 12.14A3
C2 zone Regulations.
Restrictions.
Q-
What are the applicable restrictions regulating the establishment of a billiard or pool
hall? Further, is there a minimum number of tables that can be located in a business before
it is defined as a "billiard or pool hall"?
A-
Billiard or pool halls may be permitted by right in the C2, C5, CM, M1, M2 and M3
zones provided none of the following conditions apply:
a)
b)
Commercial building when the lot is within 500 feet from an A or R zone.
c)
The billiard or pool is open for business between 2 a.m. and 6 a.m. See
Section 12.14A3.
To answer the second question, per Section 103.112 of the Los Angeles Municipal
Code, even one pool table constitutes a "billiard or pool hall" regardless of whether it is a
main use or accessory to a main use.
(Z.E. memo 2-19-93)
pg. 91
Zoning Manual
Section 12.14A8
Q-
A-
An open air bicycle race track can be regarded as a "sports arena or stadium".
These types of facilities are permitted in the Use List (List No 1) found in the back of the
Zoning Code. The List further prohibits those facilities used for automobile, motorcycle, dog
or horse races, or rodeos.
Inasmuch as bicycle race tracks are not prohibited by the Use List, they would be
permitted in the C2 zone provided the seating capacity does not exceed 3,000.
(ZAI 1360)
pg. 92
Zoning Manual
Section 12.14A9
Q -
Is a self-service car wash of the type that is customarily equipped with a traveling
wand to spray soap and water on the car which is then dried by hand permitted in the C2
zone? If so, under what conditions?
A-
2-
3-
so
of
pg. 93
Zoning Manual
Section 12.14A42
Q1 -
Under what conditions does the parking of vehicles that are awaiting repairs in a
auto repair facility constitute open storage and thus need to comply with the requirements of
this Section for open storage? Are these cars allowed to be placed in the required parking
stalls?
A1 -
The Department has long interpreted that automobiles that are driveable in their
present condition and are awaiting repairs are not considered to constitute storage.
However, automobiles that are inoperable, wrecked, damaged or unlicensed and awaiting
repairs are considered storage and may be in violation.
To completely answer this question, however, it is necessary to draw a difference
between a road-worthy vehicle that is "parked" and a similar vehicle that is "stored". Section
80.73.2 of the LAMC prohibits a vehicle to be left standing upon a street for a continuous
period of 72 hours unless it is driven at least one mile during that period. It seems
reasonable that this Department use the same criteria for vehicles (regardless of their
working condition) left on private commercial property. However, vehicles that are
inoperable, wrecked, damaged, unlicensed that are kept while awaiting repairs for any length
of time constitute storage and are subject to the limitations required by the zone for open
storage.
For definition of wrecked see Section 12.17.5B5(f) Storage of Wrecked Auto Automobiles
not Permitted in MR1 Zone. Definition of Wrecked.
Q 2-
What are the requirements for allowing open storage accessory to automotive repair
shops? Can this storage be located in the front of the building when such building is located
in the back of the lot? (The confusion results due to Section 12.14A42 which states that
open storage of materials and equipment is only permitted when the structure is located on
the front portion of lot.)
A2 - Since the intent of these provisions appear that of preventing visual blight, it seems
irrelevant whether a building is located on the front of the lot or not provided that all the other
conditions are followed as follows: a solid wall or fence is required for open storage. In the
C2 and CM Zone, open storage may be located in front of a building located in the rear half
of the lot, provided such storage area is located on the rear one-half of the lot and is confined
to an area not exceeding 3,000 square feet.
(Z.E. memo 12-7-95)
pg. 94
Zoning Manual
Section 12.14A42
Q-
Is the storage of tow trucks used in conjunction with a legal tow truck dispatch
business permitted in the C2 zone? (Truck storage is first permitted in the MR1 zone)
A-
Yes, provided that where the tow truck dispatch is the main use there is no storage
of towed vehicles on the site. Storage of towed vehicles is permitted only in conjunction with
an auto repair business.
On-site storage of tow trucks is limited to those trucks employed in the tow truck
dispatching business. The number of tow trucks permitted to be stored depends only on the
size of the business. Additionally, open storage of tow trucks must conform to the limitations
of 12.14A42.
See also Section 12.03 Accessory Use. Definition. Storage of Tow Trucks in this
manual.
(ZA 89-1317(ZAI))
pg. 95
Zoning Manual
Section 12.14A42(c)
pg. 96
Zoning Manual
Section 12.16A2
Q-
A-
Yes. The sale of food over the counter through a window is permitted. Moreover,
sale to sidewalk customers is also permitted in the C4 Zone. The C4 Zone allows uses
authorized in the C2 Zone (with exceptions that are not relevant hereto) which in turn permits
C1 Zone uses. The C1 zone, however, allows a restaurant, tea room, or cafe conducted
wholly within a building and therefore, a walk-up window is not permitted in the C1 zone.
The C2 Zone, per Section 12.14A14, permits drive-in businesses, including
refreshment stands, restaurants, without any mention made of confinement to an "enclosed
building". In fact, outdoor eating areas are permitted with some limitations. Such uses are
carried over to the C4 zone with the same regulations.
Since there are no restrictions in the Zoning Code for using the public sidewalk
service from a walk-up window, the Street Use Inspection Division of the Department of
Public Works shall be consulted for any proposed uses on a public sidewalk.
(C.A.O. 502)
pg. 97
Zoning Manual
Section 12.16.A2(o)
Q-
Are there any exceptions to this code section which prohibits secondhand stores in
the C4 zone?
2.
3.
Second hand books; provided books are primarily confined to hard back with
not more than 15% of the books being of the paperback variety.
4.
Collector's items such as stores dealing in postage stamps, coins and similar.
5.
Jewelry shops; where the sale of used jewelry does not occupy more than
15% of the floor area and the principal use is the sale of new jewelry.
6.
7.
8.
9.
pg. 98
Zoning Manual
Q-
Is Multi-Media Production permitted by right in the MR1 and MR2? What is the
parking requirement?
A-
Among the purposes of the MR1 and MR2 Zones is "to preserve industrial land for
light industrial uses and to provide for non-retail businesses which enhance the City's
employment base." per LAMC Section 12.17.5 A 4 and Section 12.18 A 4. There has been
some hesitation in accepting multi-media production as consistent with this description.
Multi-media production is conducted primarily with computer-based technology.
Technicians and operators typically produce electronic imagery at individual work stations
creating an appearance similar to a general office use, rather than a traditional
industrial/manufacturing
facility.
However, MR1 and MR2 Zones have also been established with the purpose to "reflect and
accommodate the shift in industrial land uses from traditional industrial activity to uses such
as those involving record management, research and development, information processing,
electronic technology, and medical research." per LAMC Section 12.17.5 A 5 and Section
12.18 A 5.
The creation of an electronic product through multi-media production is consistent
with the purpose of accommodating the shifting industrial base involving a use of electronic
technology. In recognition of the city's changing industrial base and consistent with the
expressed purposes for establishing the MR1 and MR2 Zones, an interpretation allowing
multimedia
production
in
MR1
and
MR2
Zones
is
necessary.
Once it is decided that multi-media production is permitted on a given property, the parking
requirements must be determined based on one parking space for every 500 sq. ft. of floor
area per Section 12.21A4(c), since the multi-media production is considered as an industrial
use.
Some confusion arises when determining parking requirements for existing
warehouse buildings considered for multi-media production use. Currently, one parking
space for every 500 sq. ft. of floor area up to 10,000 sq. ft. plus one space for every
additional 5,000 sq. ft. of warehouse use is required per Section 12.21A4(c)(1). No change of
use is permitted from an existing warehouse to a multi-media production without providing
the additional parking spaces required for the new use based on one parking space for every
500 sq. ft. of floor area per Section 12.21A4(c).
(Z.E. memo 10-06-97)
pg. 99
Zoning Manual
QA-
The Zoning Administrator has determined that federal credit union operation is
permitted by right in the MR Zones with no need for zoning entitlements.
(ZA 97-0352(ZAI))
pg. 100
Zoning Manual
Section 12.17.5B5(f)
Q-
Storage of "wrecked" automobiles is not permitted in the MR1 zone as a main use.
What constitutes a "wrecked" automobile? In what zone is the storage and/or sale of wrecked
automobiles permitted as a main use?
A-
pg. 101
Zoning Manual
Section 12.17.6A6(b)
Q -
This code Section requires that open storage be enclosed on all sides with a solid wall
or fence. Can open storage in conjunction with automotive repair establishments In the M1
zone, be maintained throughout the lot if the lot is completely enclosed by a fence as
specified in Sec. 12.17.6A6(b), or does the open storage use need to be restricted to the rear
half of the lot as required in the C2 zone? The question is asked since Sec. 12.17.6A2
requires these uses to be conducted in accordance with all building enclosure and fence
enclosure limitations of said C2 zone. (It appears that Section 12.17.6A2 is in conflict with
Section 12.17.6A6).
A- Open storage in the M1 Zone as an accessory use to an auto repair facility is subject
to Section 12.17.6A6(b). The only limitation specified in that section is that the area be
enclosed on all sides with a solid wall or fence and necessary solid gates all at least six feet
in height. The open storage area can thus be located anywhere on the lot.
(Z.E. memo 12-7-95)
pg. 102
Zoning Manual
Section 12.17.6A2
Q-
This code section specifies that in the M1 zone, the uses permitted include those
commercial uses permitted in the C2 zone thereby implying that an elementary or high
school would be permitted since they are permitted in the C2 zone. However, section
12.24U24 requires conditional use permit for elementary and high schools when located in M
zones. Which section governs?
A-
Per Plannings Use List of ZA2003-4842 (ZAI), the following uses are permitted by right with
a CUP under Section 12.24U24.
a. Public School (Elementary or High schools) RAS3, R4, RAS4, R5, CR, C2, C4 and
C5
b. Private School (Elementary or High schools) RAS3, RAS4, CR, C2, C4 and C5
c. Colleges RAS3, R4, RAS4, R5, CR, C2, C4 and C5
d. Art School, Professional or Scientific School CR*, C1. C1.5, C2, C4, C5, CM, M1,
M2 and M3
e. Dance, Drama, Music, School - C2, C4, C5, CM, M1, M2 and M3
f. Trade School, technical or occupational C2, C4, C5, CM, M1, M2 and M3
*CR zone: school with classroom or lecture instruction only, not including dancing
school music school, trade school, nor any school specializing in the manual training,
shop work or in the repair or maintenance of machinery or mechanical equipment.
Under Section 12.24U24, a CUP is required for the following developments:
a. All Public schools, Elementary and High school (kindergarten through 12th grade).
b. Private schools , Elementary and High (kindergarten through 12th grade) in the A, RE,
RS, R1, RU, RZ, RMP, RW1, R2, RD, RW2, R3, C1, C1.5 or M zonesincluding
Charter Schools or Nursery Schools;
c. Private schools (other than elementary or high or nursery schools) in the A, R, CR,
C1, or C1.5 zones.. such as Colleges and Universities.
(ZA 89-0400(ZAI))
pg. 103
Section 12.19A1.5
Q -
Does the repair of automobiles in the open in an M2 zone constitute a violation of the
Zoning Code?
pg. 104
Zoning Manual
Section 12.19A4(b)2
Q - This code section requires a solid masonry wall or a "solid fence" enclosing certain
uses that are not within a building such as an auto dismantling yard. Can a chain link fence
with interwoven slats be used to comply with this requirement?
A-
Per Webster's New International Dictionary of the English Language, the term "Solid"
is defined as "Entirely of one substance, formation, or character, even or unbroken in
surface; flush, as a solid panel or solid wall."
Roget's Thesaurus defines Solid as "dense, impermeable, thick, massive, strong,
substantial, stable, firm." Anyone who has viewed a chain link fence with interwoven slats
knows that such a fence does not fit the description of a "solid fence" based on the definitions
described here. Thus, such a fence does not meet the code requirements of this section.
Note: When this ordinance was first enacted,(during the 50's) the Department briefly
permitted chain link with slats as meeting the requirement. There may be some old existing
non-conforming businesses with chain link fence with interwoven slats that received a permit
at that time.
An acceptable solid wall or fence shall be any fence or wall constructed entirely
of inherently solid materials with no openings (e.g., masonry or concrete) or any materials
uniformly applied to another type of fence structure (e.g., chain link) which material, once
affixed, substantially screens from view that which the fence is intended to enclose in such a
way that a person outside the property cannot readily identify what is on the other side.
Woven slats of wood or other material in chain link fences will not satisfy these
requirements except as permitted by Los Angeles Municipal Code (LAMC) Section
12.05A15(c) and 12.13.5 A12(d) which specifically allow chain link fence (enclosure) with
wooden slats.
In general, acceptable materials to be applied to chain link fences shall be materials
specifically designed and manufactured for application to chain link fences. Such material
shall be designed to hold up to the elements over time. Materials not designed to be applied
to fences such as tarps or similar fabrics shall not be acceptable.
The maintenance requirements per LAMC Section 12.21 A9 should be enforced when
approving materials for new fences.
The foregoing applies to the solid wall or fence requirement of the following code sections:
12.14A42(c), 12.17A3(c), 12.17.1A4(b), 12.17.5B5, 12.17.5B9(b), 12.17.5B9(d),
12.17.6A6(b), 12.17.6 A8(b), 12.18B3, 12.19A4(b)(2), 12.20A6(b)(1), 12.22a12(B),
12.23C1(c)(3), 12.24C27(g), 12.24C61(b)(1).
pg. 105
Zoning Manual
pg. 106
Zoning Manual
Section 12.21A4
Q-
Case 1
A-
The exception for Downtown Business District [Sec. 12.21A4(i)] requires parking at a
rate of one space per 1,000 s.f. for commercial buildings (other than schools, auditoriums or
places of assembly) having a floor area of 7,500 s.f. or more. This building would require 8
parking spaces. Note that buildings with less than 7,500 s.f. require no parking.
Case 2
New 8,000 s.f. restaurant located in DBD and in the Community
Redevelopment Area (CRA) (ZI 940).
A-
The exception for CRA areas [Sec. 12.21A4(x)(3)] starts off by eliminating the DBD,
"Except for the Downtown Business District area...". Therefore only the DBD exception
would apply and the required parking would be the same as in CASE 1, i.e. 8 spaces
required.
Case 3
Legally existing 3000 s.f. office building (circa 1992) converted to 900 s.f. of
restaurant and 2100 s.f. of retail. Currently there are 6 spaces required and provided.
A-
Nonconforming parking rights are not applicable in this case since the existing parking
provided conforms to the current code requirement for office use. However, the parking
requirement for the new uses is calculated as follows:
(2100 x 4/1000) retail+ (900 x 5/1000) small restaurant = 13 spaces
Case 4
Existing legally non-conforming 3,000 s.f. restaurant with no parking converted
to retail and a 2000 s.f. addition
A-
Existing restaurant is nonconforming as to parking. Since the new use requires less
parking than the prior use, no additional parking is required for this area. The addition
however, is new construction and needs to be provided with parking per the current code.
Eight additional spaces are then required. Any surplus nonconforming parking credit cannot
be used to satisfy the requirements of the addition.
pg. 107
Zoning Manual
(Code item)
pg. 108
Zoning Manual
Section 12.21A4
Calculation
of
Required
Parking
for
Restaurants in the San Vicente Scenic Corridor
Specific Plan Area.
Q -
The Specific Plan requires 15 parking spaces per thousand square feet of floor area
for restaurants that are not located in shopping centers or in office buildings with six or more
stories. Further, the Specific Plan also requires one parking space per 300 sq. ft. of floor area
for other commercial uses (see Specific Plan for all uses). Based on this language, what is
the required parking ratio for a restaurant that is located in a shopping center or in an office
building with six or more stories?
A-
The confusion has resulted from the fact that when the Specific Plan was adopted,
the Municipal Code only required two spaces per thousand square feet for restaurants. Since
then, the code has been revised so that it now requires ten spaces per thousand sq. ft.. The
City Attorneys office has generally advised that notwithstanding any other language, where
provisions in the Code differ from or conflict with each other, the more restrictive provisions
prevail. Therefore, the argument that a restaurant located in a shopping center or in an office
building with six or more stories may provide 3 spaces per thousand as any other
commercial use instead of 10 per thousand as required by the Code is not valid.
Therefore, the parking ratio for a restaurant located in a shopping center or in an office
building over six stories in the San Vicente Specific Plan is 10 spaces per thousand.
(D.O.P. memo 11-9-95)
pg. 109
Zoning Manual
Section 12.21A4
Q-
Are floor areas dedicated to accessory uses within a building required to be provided
with parking at the same ratio as the main
commercial use being considered?
A-
pg. 110
Zoning Manual
Section 12.21A4
Q-
A - The following table covers history of parking for commercial uses starting since 1946.
The number of spaces required is identified by a letter on the right-hand side. See legend on
next page.
pg. 111
Zoning Manual
pg. 112
Zoning Manual
pg. 113
Zoning Manual
Current parking provisions for commercial and industrial buildings. Plans submitted on or before 03-30-90 were
exempt but needed to commence construction by 05-19-91. See following question under Section 12.21A4 Current
parking for Commercial Buildings.
pg. 114
Zoning Manual
LEGEND:
A=
One 126 sq. ft. space on site or within 1500 ft. therefrom for every 1000 sq. ft. of total floor area.
A' =
One 8 ft. x 18 ft. space on site or within 1500 ft. therefrom for every 1000 sq. ft. of total floor area.
A =
One 126 sq. ft. space on site or within 1500 ft. therefrom for every 10 fixed seats.
B=
One 8 ft. x 18 ft. space on site or within 1500 ft. therefrom for each 10 seats or if no fixed seats, one space
per 100 sq. ft. of floor area exclusive of stage.
B' =
Same as A' up to 10,000 sq. ft. Beyond 10,000 sq. ft. additional parking computed at the rate of 1 space per
5,000 sq. ft.
C=
One 8 ft. x 18 ft. space per 500 sq. ft. of floor area on site or within 750 ft. therefrom.
C=
Same as C up to 10,000 sq. ft. Beyond 10,000 sq. ft. additional parking computed at the rate of 1 space per
5,000 sq. ft.
D=
One space for every 5 seats or one space per 35 sq. ft. of floor area if no fixed seats on site or within 750 ft.
therefrom.
E=
F=
G=
The larger of one space per 500 sq. ft. of floor area or .2 spaces per bed.
pg. 115
Zoning Manual
H=
H' =
J=
K=
L=
M=
The larger of one space per 50 sq. ft. of floor area or 1 per 5 fixed seats.
N=
O=
One space per classroom or a minimum of one space per 500 sq. Ft. of floor area.
NOTE: In some cases, where special ordinances such as Specific Plans, Q conditions, etc. contain more stringent
parking requirements, those requirements control over code specifications.
(Code item)
pg. 116
Zoning Manual
Section 12.21A4
Q -
What are the current parking requirements for commercial type uses?
A-
See LADBS Information Bulletin No. P/ZC 2002-011 in the Appendix. It is also
available on LADBS.org web site.
pg. 117
Zoning Manual
Section 12.21A4
Q-
A-
The following table provides a history of required parking for residential buildings. The
number shown to the right indicates number of spaces required per unit and/or guest room.
Also see legend for further clarification.
pg. 118
Zoning Manual
pg. 119
Zoning Manual
pg. 120
Zoning Manual
pg. 121
Zoning Manual
Driveway width minimums were designated as 8' for 1 and 2-fam. Dwellings and 9' for others.
Ord #129,334 - Effective 02-28-65 for plans submitted after 5-28-65 and permits obtained after 11-24-65
One family dwellings in RA, RE, RS and R1 zone. .................................................................................................... 2(g')
One family dwelling in R2 Zones .................................................................................................................... 1(s") & 1(g')
One family dwelling in all other Zones....................................................................................................................... 2(s")
pg. 122
Zoning Manual
LEGEND:
g = within garage on site
g' = 8 ft. x 18 ft. space within garage on site
s = 126 sq. ft. space on site
s' = 126 sq. ft. space on site or within 1500 ft. therefrom
s" = 8 ft. X 18 ft. space on site
s"'= space on site or within 750 ft. therefrom
pg. 123
Zoning Manual
pg. 124
Zoning Manual
Section 12.21A4
Q-
What are the current parking requirements for residential type uses?
A-
See the LADBS Information Bulletin No. P/ZC 2002-011 available on LADBS.org
website.
pg. 125
Zoning Manual
Section 12.21A4
1 - How is the new number of required parking spaces calculated for a building
undergoing a change of use or occupancy?
A 1-
Whenever the new use or occupancy of a building requires more parking spaces as
opposed to its current use or occupancy, the new number of required parking spaces is
calculated by adding the nonconforming number of parking spaces currently being
maintained (or the number of parking spaces required by the current code whichever is
smaller*) to the number of additional spaces required due to the change.
Existing parking provided and maintained is generally the number that is indicated in
prior building permits, C. of O.'s or any other official record. For further explanation of this
issue see "Section 12.21A4(m) Parking for existing Buildings, to be maintained." of this
manual.
Q2 -
How is the additional number of parking spaces calculated for a building that is
undergoing a change of use or occupancy?
A2 -
The additional number of parking spaces required due to a change of use is equal to
the difference between the number of spaces required by the current code for the NEW use
and the number of spaces required by the current code for the OLD use**.
pg. 126
Zoning Manual
EXAMPLE:
Two adjoining small restaurants, currently independent, in a mini-shopping center (900
and 950 sq. ft. respectively), are being combined to form a 1850 sq. ft. restaurant.
Assuming currently there are 32 provided parking spaces on site while the code-required
number of parking spaces for the present uses is 55. Therefore, parking is nonconforming.
The new number of required parking spaces is figured as follows:
** Additional Parking Required= parking for new use -parking for old use
= 1850/100 - (900+950)/200
= 18 (.5 frac. dropped) - 9
=9
Total required parking spaces = current nonconforming parking + additional parking due
to change
=32 + 9
= 41
(Plan Check Chief memo 9-8-78)
pg. 127
Zoning Manual
Section 12.21A4
Q-
The Outdoor Eating Areas are addressed in ZAI 1808 (unroofed) and also in Section
12.03 (roofed or unroofed) of the code. The two sets of regulations, took effect at a different
time periods and that has caused a slight confusion in their application. See the item Section
12.03 Outdoor Dining and eating Areas- Definition of this manual for the difference between
the
two
regulations.
Per ZAI 1808, Outdoor Eating Areas are limited to areas without any roof covering. By
definition, any area without a roof results in no floor area. Since parking requirements for
restaurants are based on floor area, it can easily be concluded that no additional parking is
required
for
unroofed
Outdoor
eating
Area.
On the other hand, Outdoor Eating Areas, as defined in 12.03, may have a roof covering.
Thus, they cannot follow the same logic as per ZAI 1808. However, the definition of floor
area, in 12.21.1A5 states in part,
In computing the total floor area within a building, the gross area confined within the
exterior walls within a building shall be considered as floor area of that floor of the
building, except for the space for the space devoted to ..., and outdoor eating areas of
ground floor restaurants.
Although the definition of floor area in 12.03 of the code is silent regarding the exclusion
of Outdoor Eating Areas, it is confirmed that Outdoor Eating Areas were intentionally meant
to be excluded from the floor area, thereby resulting in no additional parking.
Therefore, in the enforcement of the Section 12.21.1A5, it has been determined that
the parking requirements for the outdoor eating area are intentionally waived, both as per
12.03 of the Code and as per ZAI 1808 as long as the Outdoor Eating Area (whether roofed
or
not)
is
for
a
ground
floor
restaurant.
(Chief ZA memo 10-17-01)
pg. 128
Zoning Manual
Section 12.21A4(a)
Q-
Since dwelling units in the R2 zone must be provided with at least one of the required
parking spaces within a private garage, how is this regulation applied when only one space is
required?
A- Although most dwelling units in the R2 zone require more than one parking space, it
is clear that any required parking spaces in excess of one may be uncovered. Therefore,
where only one space is required per dwelling units such as in the Central City Area, the
required space must be in a private garage and in addition, it shall not be compact nor
parked in tandem.
(Z. E. memo 4-12-96)
pg. 129
Zoning Manual
Section12.21A.4.(C)
INDUSTRIAL BUILDINGS
Main use of Building (or portions of) *
Health or Athletic Club, Bath House, Gymnasium, Video
arcades, Karaoke, Laser tag or similar amusement
enterprises
2. Studio for dance, yoga, martial art smaller than 1000sq ft with
no more than 10 occupants at any given timeparking at
1/500
3. Skating/Roller Rinks, Bowling Alleys, Basketball Court (Sitting or viewing area at 1 per 100; with stadium seating for
spectators 1 per 35 or 1 per 5 fixed seats)
1.
4.
1 per 100
5.
1 per 200
6.
Retail, Take-Out Restaurant (no seating), Art Gallery (retail) or 1 per 250
Discount Wholesaler selling to the general Public, Gold buying
7.
1 per 500
8.
1 per 500
9.
1 per 500
10.
1 per 50 or 1 per 5
fixed seats
1 per 500
1 per 500
pg. 130
13.
1 per 500
1 per 500
1 per 200
4. Hospital
pg. 131
Ratio(spaces/unit)
b.
Ratio (spaces/unit)
1.
2.
3.
No change in
parking in
connection with
change of use.
pg. 132
Ratio (spaces/unit)
2 (on-site only)
2 (on-site only)
1.5 (on-site only)
1 (on-site only)
1
One half
One third
1 per 35 sq. ft. or 1
per 5 fixed seats
1 per 100 sq. ft.
Plannings tract
condition
N/A
pg. 133
Section 12.21.4
To:
From:
Subject:
Ordinance No. 182386 amending the Los Angeles Municipal Code (LAMC) to encourage safe
and secure bicycle parking and expand the bicycle parking requirements beyond commercial,
institutional and industrial uses to include residential developments has become effective on
March 13, 2013. The ordinance also allows replacement of required automobile parking
spaces with bicycle parking spaces for existing commercial uses.
Any permits for a new development or additions of floor area, dwelling units or guest rooms to
an existing development shall be subject to the requirements of providing bicycle parking
spaces with the following exceptions:
1.
2.
3.
4.
5.
6.
Unmanned Facilities
Any developments with individually accessed private garages for each unit
such as townhouses or group dwellings. Short term parking shall be
provided for any development more than 10 dwelling units with private
garages
Any Change of Use permits including Adaptive Reuse projects
For all residential buildings containing 3 or less dwelling units; 5 or less
guest rooms; or a combination of five or less dwelling units plus guest
rooms. This exemption shall include any buildings of a Small Lot
Subdivision.
Any projects where plans were accepted by the Department of Building
and Safety per Section 12.26A3 prior to March 13, 2013.
As determined by Department of City Planning, any projects for which the
Project has an approved entitlement or a filed and accepted application.
The following are the highlights of the ordinance and a few examples showing the calculation
of the required number of bicycle parking spaces for different uses:
How many bicycle parking spaces are required?
Short-term and Long-term bicycle parking spaces shall be provided per Table 12.21A.16(a)(2)
for a new development OR only for the portion of a new addition to an existing development.
After the first 100 bicycle parking spaces are provided for non-residential uses listed in Table
12.21A.16(a)(2), additional required bicycle parking spaces may be provided at a rate of 5% of
pg. 134
the automobile parking spaces for both short and long term bicycle parking spaces according
to the Los Angeles Green Building Code Article 99.05.106.4. These bicycle parking spaces
can be either Short or Long Term as determined by the business or property owner beyond the
first 100 bicycle parking spaces. This 5% rate can be applied to replacement only and not
swapping.
Example 1
An office Building with 1,500,000 sq. ft. of floor area.
Code required Bicycle parking spaces = 150 (short) and 300 (long)
= 450 total
Beyond 100 required bicycle parking spaces, this building would be
eligible for the reduction in the number of required bicycle parking spaces
pg. 135
section 12.22.A.25(d)
The 10% or 15% replacement can be combined with the parking reduction
per section 12.22A25(d).
If the number of bicycle parking spaces required by the code would not exceed the reduction
as permitted above, a developer may choose to provide more bicycle parking spaces up to the
percentage allowed as long as four bicycle parking spaces are provided for each automobile
parking space replaced.
Example 2
Part a)
An affordable residential project with 88 units located within 1,500 of a
transit stop.
Code required automobile parking spaces: 176
Code required bicycle parking spaces: 9 (short term) + 88 (long
term) = 97
Incentive: 97 bicycle parking / 4 = 24 cars
Check: 24/176 = 13.6% < 15% (since it is close to transit, this
works)
Final requirement for the project is 176 24 = 152 automobile spaces and
97 bicycle spaces.
Example 2
Part b)
Owner wants to maximize the 30% by providing more bicycle parking
spaces for the same project instead of one of the existing parking
reductions allowed by the density bonus incentive.
The developer does not have to replace the entire 30% if they wish to provide less bicycle
parking spaces. The developer could replace only 20% if they provided 140 bicycle parking
spaces.
Zoning Manual 4th Edition, Revision 3, October 2013
pg. 136
pg. 137
and enclosed on all sides to protect the bicycle from inclement weather.
Long-term bicycle parking including bicycle cages shall not be located in
the required front yard, open space, landscaping area or within one of the
dwelling units/guest rooms.
Bicycle racks can be located within the front yard beyond the required
landscaping area.
Both bicycle racks and bicycle cages can be located in the passageway,
side yard or rear yard.
Long Term
Outdoor Long-term
Bicycle Corral
Indoor Long-term
Art Racks
pg. 138
pg. 139
Section 12.21A4(c)
Q-
Can the parking required for a gas station canopy be provided under the canopy
itself? What about the parking required for other uses such as a convenience store or auto
repair bays?
A-
pg. 140
Zoning Manual
iii)
For disabled access parking stall design see Chapter 11 of the Los
Angeles Building Code.
Example: A proposed service station is shown in Figure No. 25. The project consists
of a 2600 sq. ft. canopy, a 600 sq. ft. convenience store and 1000 sq. ft. auto repair
garage.
*Parking for canopy:
2600/500 = 5.2 i.e. 5 stalls < 8
cars pumping gasoline OK
*Parking for store:
600/250 = 2.4 stalls
Located outside of canopy. All
code requirements apply.
*Parking for auto service:
1000/500 = 2 stalls
Located outside of canopy. All
code requirements apply. May
be placed in front of repair bays
doors but not inside of building.
Exits from the building must be
kept clear.
Disabled accessible parking requirements:
i)
ii)
for canopy.
2.4 + 2 = 4.4 (i.e. 4 spaces)
pg. 141
Zoning Manual
pg. 142
Zoning Manual
Section 12.21A4(c)
Q-
Some warehouse buildings, or wholesale buildings not open to the public, are
designed in such a way that they can easily be used as retail stores. Namely, they are
subdivided into multiple tenant spaces and storefronts or roll down doors facing the public
sidewalk or parking area. Two questions arise; Is this permissible? And if it is, how is the
parking figured in such instances?
A-
It is permitted to subdivide a
warehouse building into multiple
tenant spaces containing storefronts
or roll down doors facing the public
sidewalk or parking area. However
the following limitations will apply
depending on the quantity of
storefront provided:
1.
In cases where the
individual
tenant
space
shows that more than 30%
of the length of an exterior
wall is dedicated to a
storefront, the space shall
be classified as a retail store
for zoning and building code
purposes.
2.
When
individual
tenant spaces have 30% or
less of their exterior walls
dedicated to storefronts,
then the parking required for
the building shall be the
cumulative sum of stalls
required for each tenant
space. Further, the owner of
the building shall execute a Maintenance of Building Affidavit agreeing to limit these
tenant spaces to warehouse use only.
pg. 143
Zoning Manual
Example: Figure No. 26 shows a 37,000 sq. ft. warehouse with three tenants.
Spaces A and B have more than 30% of one of their exterior walls as storefront.
Therefore, these two spaces are considered as retail use for building and zoning
code purposes. Space C has 30% or less of its narrower exterior wall as storefront
and no storefront along its long wall. Space C is considered as warehouse use and
will be required to file the Maintenance of Building Affidavit to limit its use to
warehousing.
No. of parking spaces required:
Space A Space B
10,000 + 9000
250
Space C
+ {10,000+ 8000} = 98
500
5000
If none of the three tenant spaces exceeded the 30% storefront limit, parking would
be:
Space A Space B
10,000 + 9000
500
Space C
+ {10,000+ 8000} = 60
500
5000
pg. 144
Zoning Manual
Section 12.21A4(c)(3)
Q- What are the parking requirements for Music Entertainment Rooms also known as
"karaoke"?
A-
If open during extended hours, these establishments will require Conditional Use if
located such that it constitutes a Commercial Corner Development or it is within a Mini
Shopping Center.
(ZA 92-1171(ZAI))
pg. 145
Zoning Manual
Section 12.21A4(c)(3)
Q-
How are the parking requirements for establishments such as skating rinks and
bowling alleys determined? Are they considered as auditoriums if fixed seating is provided
for the public in viewing areas?
A-
pg. 146
Zoning Manual
of
Combined
Q -
Inasmuch as these provisions of the code require the parking for restaurants to be
calculated based on the gross floor area of the restaurant, how are parking requirements
calculated for restaurants when the same business contains other uses such as retail uses?
A-
Two
different
products are sold,
e.g.
ready-to-eat
food,
and
other
products
or
unprepared
food.
Any area dedicated
to the sale of readyto-eat food (such as
baked
goods
or
similar) for off-site
consumption
must
be included as part
of the restaurant
use.
b)
Even though no
complete
physical
separation
is
required, two distinct
areas for each use
must be provided.
c)
The floor area for each use must be clearly documented on the permit.
d)
The area dedicated to retail must be at least 10% of the restaurant floor area.
Otherwise, the entire area shall be considered as a restaurant.
pg. 147
Zoning Manual
e)
The Use of the Building description on the permit application must clearly
indicate the two uses: Restaurant/Retail.
f)
g)
pg. 148
Zoning Manual
Section 12.21A4(d)3
Q-
The zoning code requires parking for clinics, medical office buildings, and other
medical service facilities to be provided at one per 200 sq. ft. Please clarify what is covered
by clinic and other medical service facilities.
A-
Section 1200 of the California Health and Safety Code defines clinic as an organized
outpatient health facility which provides direct medical, surgical, dental, optometric, or
podiatric advice, services, or treatment to patients who remain less than 24 hours.
There is sufficient evidence to conclude that services or professions engaged in the
healing of human beings were meant to be regulated in the same manner whether services
are provided by an "MD" or not. Therefore, the following professions are to be treated as
medical services for parking requirements: Acupressurist, acupuncturist, chiropractor, dentist,
optometrist, physical therapist, podiatrist, psychoanalyst, and psychologist.
Note that Acupressurist is not considered a medical service when applying the
definition of massage business per 12.70 and 12.14A37.
(ZA 93-0231(ZAI))
pg. 149
Zoning Manual
Section 12.21A4(e)
Q-
Parking Requirements.
Areas in Hotels.
Assembly rooms/
A-
One of the functions of many hotels is to provide meeting rooms and assembly areas
for various activities. Since a large percentage of the persons using these areas are not
staying in the hotel, the Zoning Administrator has determined that additional parking is
required for such assembly rooms/areas.
Hotels & Motels with meeting rooms, ballrooms & assembly areas that are 750 sq. ft.
or larger require parking in accordance with 12.21A4(e) for said meeting rooms & assembly
areas in addition to the off-street parking spaces required for guest rooms, dwelling units,
restaurants that are open to the public, & office space.
(ZA 88-1405))
pg. 150
Zoning Manual
Section 12.21A4(e)
Q-
The Code allows the incidental use of a school, church, lodge, auditorium,
recreational and community center or other similar building for bingo purposes. What is the
parking requirements for bingo use?
A-
The Zoning Administrator has determined that bingo parlor rooms of 750 sq. ft. or
larger area must provide one parking space for every five seats or 35 sq. ft. of floor area in
addition to parking required for other uses on the site. However, no additional parking is
required if the room is already approved for assembly use.
(ZA 88-1405(R))
pg. 151
Zoning Manual
Section 12.21A4(e)
Q-
Should classrooms and/or meeting areas associated with churches and houses of
worship be required to provide parking in addition to parking for the main sanctuary?
A-
Though the Zoning Administrator has conceded that in some instances churches may
use these accessory rooms simultaneously with the main sanctuary, he has determined that
off street parking requirements for churches shall continue to be based on the main assembly
area or the sanctuary of the house of worship or church. The Department will continue its
policy of establishing parking requirements using the larger of the main sanctuary or a multipurpose room.
(ZA 88-1405(R))
pg. 152
Zoning Manual
Section 12.21A4(f)
Q-
A-
A child care facility most resembles an elementary school in its function and use.
Therefore, the parking requirement for a child care facility will be the same as that of an
elementary school, i.e. one parking space per classroom.
In addition, the parking requirement for a child care facility should be based on one
space per 500 sq. ft. of floor area if it exceeds the number of spaces obtained using one
space per classroom.
(Chief Z.A. memo 7-15-85)
pg. 153
Zoning Manual
Section 12.21A4(g)
Q -
Can a building provide its required parking at an off-site parking location if that off-site
location is not within the city's boundaries? If so, under what conditions?
A-
Yes, off-site parking for building sites within the city may be located on property that
is outside the city's boundary. Evidence from the adjoining municipality such as building
permits or certificates of occupancy must be presented to show that additional parking is
legally available for off-site use. Evidence provided must show that the proposed parking
arrangement is in compliance with local zoning and building laws.
Other requirements must be met as in the normal case:
a)
b)
Covenant and agreement shall be recorded by the owner of the parking lot site
with the City of Los Angeles to maintain the off-site parking for the life of the
building.
Although the City of Los Angeles may not be able to enforce the provisions of the
covenant as to land outside the city by the denying of subsequent permits, the city may
rescind the Certificate of Occupancy for the beneficiary building if the terms of the covenant
are violated.
(C.A.O. 484)
pg. 154
Zoning Manual
Section 12.21A4(g)
Q-
Can parking stalls required for an auto repair shop be provided in front of a repair bay
door? Can they be provided within the auto repair bay area?
A-
The required parking space may be located outside in front of the bay door provided
it is not a required exit and there is no pilot door within the bay door. In that case, all
applicable provisions of 12.21A5, and 6 will apply in the normal manner.
Parking cannot be located within the building's repair area to satisfy its own required
parking. In other words, a car being repaired inside the building cannot serve as a parking
space. A parking space however, may be located within 18' of the bay doors and certain
minor work (electrical diagnostics, battery charging and changing and tire replacement) may
be performed on those vehicles per Sec. 12.26 I3 d).
(Z.E. memo 6-15-93)
pg. 155
Zoning Manual
Section 12.21A4(h)
Community
Q -
How wide must a Community Driveway be and what other conditions must be met in
order to provide a Community Driveway?
A-
2-
3-
4-
pg. 156
Zoning Manual
to ext. wall of comm. bldgs. or to entrance of dwell. units and 300' max
driveway length - see illustration herein and Section 12.21A6(c) Paving of
Street and Parking Areas in this manual) as stated in Section 57.09.03 of the
Los Angeles Municipal Code, but in no event less than 20 feet;
5-
6-
(D. O. P. Private Street Regulations, General Variations 2001-1 and 2001-2 (supersedes
Regulations of 2-1-96))
pg. 157
Zoning Manual
Section 12.21A4(h)
Q 1-
A1 -
This is neither an intentional nor subtle substitution of the private street requirement.
More accurately, it is a variation of the private street regulations to allow for driveway access
that cannot be used as substitute for street frontage. The application of the Director of
Plannings Community Driveway policy is distinctly separate for single family uses and RW1
or more restrictive zone than it is for other situations (multi-family residential, commercial, or
industrial uses).
Q2 -
Are items such as drainage, legal exits and utilities automatically permitted over a
community driveway for all lots involved?
A2 -
Exiting, drainage and utility easements are an uncommon occurrence and are not
taken care of with a community driveway. If easements are necessary for such purposes,
they must be documented on separate affidavits. The Community Driveway affidavit is only
to be used for vehicular access. Check with the Grading Division for drainage easement
affidavit forms. For other types of easements, it may be possible to use a Maintenance of
Building Affidavit.
(Z. E. memo 3-13-96)
pg. 158
Zoning Manual
Section 12.21A4(m)
Q- The provisions of this section require existing parking spaces to be maintained. Many
older single-family dwellings have garages with interior dimensions large enough to
accommodate two cars but have a door that is less than 16'. What is the minimum size door
that would be assumed to accommodate two cars?
A-
Current code arbitrarily allows a minimum garage door width of 16' in a 2-car garage
when serving SFD. There are many existing dwellings built when the code only required one
parking space or no parking at all. The Department has interpreted that a structure with a
door opening of less than 14'-6" may be considered as a one- car garage. Therefore, in such
cases only one parking space needs to be maintained. In other words, two parking spaces
shall be maintained if the door opening is at least 14' - 6" wide.
(V. N. Zoning Manual 2-8-68)
pg. 159
Zoning Manual
Section 12.21A4(m)
Q -
This section specifies in part: "Off-street automobile parking space being maintained
in connection with an existing main building or structure shall be maintained so long as said
main building or structure remains...". How is this provision interpreted when parking is not
indicated on a building permit or Certificate of Occupancy?
A-
The Department determines whether off-street parking spaces are being maintained
in connection with an existing main building or structure within the meaning of LAMC Section
12.21A4(m) as follows:
1.If City-issued entitlement, approval, or permit specifies the number of parking spaces for
the building, structure, or use, then that entitlement, approval, or permit shall control.
2.If the building , structure, or use was established prior to June 1, 1946 and if there Is no
City-issued entitlement, approval, or permit specifying the number of parking spaces for the
building, structure, or use, then parking spaces shall be considered as being maintained in
connection with an existing main building or structure when such spaces are:
a.
Contiguous or adjacent to, or are upon the property upon which said building is
located;
b.
Owned by or under common ownership with the person, firm or corporation, etc.,
owning the property upon which the main building is located; and
c.
Either (i) shown by record covenant, agreement, lease, deed, or other document to
be used, or (ii) so openly and notoriously used for such purposes prior to June 1,
1946 as to put reasonable and prudent on notice of such use.
pg. 160
Section 12.21A4(x)
Q-
This section allows reduced parking for certain uses which include "commercial
office" use when located in those CRA and some Enterprise zone areas listed in Section
12.21A4(x). Are medical offices eligible for these reduced parking requirements?
A- This section states in part; "...there need only be two parking spaces for every one
thousand feet of combined gross floor area of commercial office, business, retail, restaurant,
bar and related uses, trade schools, or research and development buildings on any lot".
LADBS Zoning Engineer (Z.E.) determined that the term Commercial office includes
general office use and medical office.
Buildings located within the specified CRA and Enterprise zone areas that are also
within the Downtown Parking District may comply with DPD parking ratios of 12.21A4(I).
(Z.E. memo 9-23-98)
pg. 161
Zoning Manual
Section 12.21A5
Existing non-
Q-
A-
pg. 162
Zoning Manual
Section 12.21A5(a)
Q-
A-
Section 12.21A5(a)2 requires every parallel parking stall to be 26' long. However, the
Department allows such compact stalls to be 23' long.
(Information Bulletin No. P/ZC 2002-001)
pg. 163
Zoning Manual
Section 12.21A5(a)1(ii)
Q-
Illustrate conditions under which the basic stall width increase is not required for
apartments or condominiums due to obstructions along the side of a stall.
A-
Two different situations are shown in Figure No. 29 labeled Residential Parking
Layout". One situation shows an aisle width of 26'-8" and no obstructions along the side of
the stall for the first 14' that are closer to the main access aisle. The second situation shows
28' of access aisle with side obstructions along the side of the stall permitted as shown. In
both cases, the 10" increase to the basic stall width is not required when the obstruction is
located
in
cross-hatched
areas.
pg. 164
Zoning Manual
Section 12.21A5(a)1(ii)
Parking Stall
obstructions.
width
increase
due
to
Q-
The code requires a parking stall's minimum width to be increased by 10" when there
is obstruction along its long side within 14' from the access aisle a) Does this requirement
apply to parallel stalls? b) Does it apply when the parking stall adjoins a property line even
when currently there are no physical obstructions?
A-
The 10" increase requirement does not apply to parallel parking under any
circumstances.
As for the second question, when a parking stall adjoins a property line on its side,
the 10" increase is required whether there is an obstruction currently existing or not. The
reason is that an obstruction, such as a building or a fence may be constructed on the
adjoining lot in the future.
(Information Bulletin No. P/ZC 2002001)
pg. 165
Zoning Manual
Section 12.21A5(b)
Q-
Illustrate how the Basic Stall Width (BSW) increase of 3' (2' for compact stalls) is
provided for end stalls when parking is between 800 and 900 from the access aisle.
A-
Figure No. 31 illustrates two different ways of providing the required end-stall width
increase. This increase, however, is not required when the access bay width is 32'. If access
bay width is less than 32' but more than 28', the required end stall width increase can be
interpolated. For example, for an access bay width of 30', the end stall width increase for a
standard stall is 1'-6" for std. cars and 1'-0" for compact cars.
pg. 166
Zoning Manual
Section 12.21A5(c)
Q-
The code specifies that "in each parking area or garage containing 10 or more
parking stalls for other than dwelling units, not more than 40% of the required parking stalls
may be designated as compact stalls...". Clarify how "each parking area or garage" is
interpreted.
A-
pg. 167
Zoning Manual
Section 12.21A5(e)
Driveway
Location.
substandard width alleys.
Access
through
Q-
Under what conditions are alleys of substandard width (< 20') not deemed to provide
adequate automobile access?
A-
pg. 168
Zoning Manual
Section 12.21A5(f)
Q-
A-
Bulletin
No.
P/ZC
pg. 169
Zoning Manual
Section 12.21A5(h)
Q-
A-
b)
c)
d)
Boarding or Rooming houses (one dwelling unit and not more than 5
guestrooms - Sec. 12.03).*
* Parking must be in a private garage or parking area (i.e. for residential use
only). See "Parking Area, Private--" definition in Sec.12.03). One stall per unit
and all the stalls required for guestrooms must be readily accessible.
(Code item)
pg. 170
Zoning Manual
Section 12.21A5(h)
Q-
Since tandem parking is not defined in the code, what is the maximum number of
cars that can be parked in tandem for commercial (i.e. public garage or public parking area)
applications? What is considered as an acceptable layout?
A-
The
Department
has
historically allowed a maximum of two
cars parked one behind the other.
This interpretation is consistent with
code provisions for private garages or
private
parking
areas
serving
residential buildings, (where permitted
by code). The Zoning Administrator
has specified that the parking spaces
must be "easily accessible" even
when tandem layout is used and that
more than two stalls in a row would
not allow parked cars to be "easily
accessible".
While the typical case provides for
two cars lined up in a straight line (as
seen in the illustration), some
variations may be accepted in the
most extreme and unusual cases
provided access to other stalls is not
obstructed. Perpendicular tandem
parking (see illustration) is not
permitted).
(ZAI 2076-A)
pg. 171
Zoning Manual
Section 12.21A5(h)
- Are parking machines or devices which allow automobiles to be raised and lowered
thereby stacking two cars vertically in one space permitted by code?
A-
pg. 172
Zoning Manual
Q-
The code allows parked cars to back out onto a public street or sidewalk only when
the driveway used serves no more than two dwelling units and the street is classified as
Local or Collector. The following questions refer to backing out maneuvers:
1- Can vehicles back into the stalls from within a parking area?
2- Can vehicles back out onto an alley?
3- In those instances where backing out is permissible, is there a maximum
distance before a turnaround area is required?
A-
1-
Yes, backing into a parking stall from within the lot is permissible.
Backing into a stall directly from the street is not permitted.
2-
Yes.
3-
pg. 173
Zoning Manual
Section 12.21A5(l)
Q-
Parking striping.
A-
pg. 174
Zoning Manual
Section 12.21A6(c)
Q- This code section requires that all parking areas be surfaced with paving or concrete.
Does this requirement apply even when the street is unimproved?
A- Yes, this requirement applies even when the street is not improved as is sometimes
the case in hillside areas.
(P.C. Chief 6-13-88, Fire Code)
pg. 175
Zoning Manual
Section 12.21A6(c)
Q-
Is a raised landscape strip or curb permitted to project into the required parking
spaces since Section 12.21A6(c) requires that parking areas to be covered with pavement or
Portland cement ?
A-
Both of the above layouts are permitted provided the landscaping complies with conditions 1
and 2 above.
(Z.E. memo 5-18-2000)
pg. 176
Zoning Manual
Section 12.21A6(d)
Q-
Is a fence which needs to be installed around parking areas also required along
access driveways?
A-
pg. 177
Zoning Manual
Section 12.21A6(f)
Q-
Does the Department have any pre-approved plans for parking fences less than 6"
thick?
A-
No, the Department does not have pre-approved plans that applicants can readily
use. The code requires fences at parking areas of 5 cars or more to be constructed of 6"
thick masonry or concrete "...designed to withstand lateral force and constructed pursuant to
plans approved by the Department of Building and Safety."
The above is to be interpreted as follows:
a)
Walls (fences) must be designed to withstand lateral wind and seismic loads
as required by Div. 16 of the Building Code.
b)
Masonry walls must be designed per Div. 21 and if concrete is used then they
must be designed per Div. 19 of the Building Code.
c)
pg. 178
Zoning Manual
Section 12.21A13
See 12.21A4(e)
pg. 179
Zoning Manual
Section 12.21A16
Bicycle Parking
Buildings.
and
Showers.
Existing
Q-
Can this code section be applied to existing buildings? If so, under what conditions?
A-
This page is revised due to a new Bicycle Parking Ordinance #182386 effective as of
March 13, 2013 which allows replacement of some of the required automobile parking
spaces with bicycle parking spaces for existing commercial uses.
Read Section 6307 of the Los Angeles Building Code for Shower and locker
requirements, When swapping the existing automobile parking spaces with bicycle
parking spaces, lockers must be provided per this section. Showers are required only
for new building or additions to an existing building.
pg. 180
Section 12.21A17(a)(3)
Hillside regulations.
projections.
Q-
Part of Ordinance No. 168,728 added Section 12.21A17(a)(3) which states in part:
"open unenclosed stairways, porches, platforms, and landing places... shall not project or
extend into the front yard...".
Are there any exceptions to this provision or will a variance be required from City
Planning if an applicant is required to construct structures such as a driveway "bridge" to
access his required parking?
A-
The Department has determined that the following items shall not be included within
the scope of 12.21A17(a)(3) and will be permitted within the front yard:
1.
2.
3.
Up to a 3' - 6" high retaining wall (and any necessary guardrail of open
construction) when used to retain a built up level pad, landing, or planter box
on a lot.
pg. 181
Zoning Manual
Section 12.21A17(a)(3)
Hillside regulations.
projections.
Q-
What projections are permitted in the required front yard? Also, are the provisions of
Section 12.22C20 applicable except as specifically modified by the Hillside Ordinance? Items
in question are fences, eaves, balconies, etc.
A-
The Hillside Ordinance allows all projections that are otherwise permitted by the code
except as specifically provided for in this section. The provisions of Section 12.22C20
(projections into yards) and Information Bulletin No. P/ZC 2002-006, are therefore applicable
to lots regulated by the Hillside Ordinance if the provisions of said section are not in conflict
with the provisions of Section 12.21A17(a)3. For example, projections such as eaves,
cornices and fences are therefore permitted if in conformity with Section 12.22C20. As stated
in the item titled Section 12.21A17(a)(3) Hillside regulations. Allowable front yard
projections., balconies, on the other hand, must be at least 10' high in order to project into a
front yard.
Also see Section 12.21A17(b)2 Side Yard Width for Multi-story Buildings in Hillside
Ordinance Area above for further clarification.
(Z.E. memo 7-1-96)
pg. 182
Zoning Manual
Section 12.21A17(b)2
Q -
This Section specifies in part ...the side yard required by the zone in which the lot is
located...shall be increased one foot for each increment of ten feet or fraction thereof above
the first 18 feet of height of the main building.
Are the side yard increases required due to the height of buildings over 18' high
required by the above language of the Hillside Ordinance cumulative with the side yard
increases of each zone due to buildings of more than two stories?
A-
pg. 183
Zoning Manual
Section 12.21A17c(2)
Q -
When determining the height of a dwelling subject to the Hillside Ordinance, in the
case where the lowest elevation and/or the highest elevation of a lot occurs at more than one
location, which horizontal distance should be used in determining the slope of a lot? For
example, in the Figure N0. 38, should distance AB be used or should AC be used?
A-
Inasmuch as the Code is silent regarding this situation when determining the
maximum allowable height of a building, it will be this Departments acceptable practice to
use the shortest distance as this will yield the greatest slope.
In this situation, the slope
measured between A and B is (60'6')/100' = 54% and the slope
between A and C is (60'-6')/80' =
66.67%. The steeper slope, 66.67%
may be used to calculate the
permissible height of the dwelling.
Since the slope exceeds 66%, the
height of the dwelling may be 45'.
(Z.E. memo 7-29-94)
pg. 184
Zoning Manual
Q-
Does the Department of Building and Safety have the authority to waive fire
sprinklers when required by the Hillside Ordinance?
A-
Neither the Department of Building and Safety nor the Fire Department have the
authority to unilaterally waive the requirement for fire sprinklers. Requests for waiver of
sprinkler system are subject to a Zoning Administrators action per Sec. 12.27 X and must be
directed to the Department of City Planning for action.
(Code Item)
pg. 185
Zoning Manual
Section 12.21A17(e)
Q-
and
Driveway
What are the street and driveway access requirements in the Hillside Ordinance?
A- Single family dwellings, including accessory buildings and structures, located within
the Hillside Area are subject to the requirements of Section 12.21A17 of the LA Zoning Code,
hereinafter referred to as the Hillside Ordinance.
A project is exempt, however, from the requirements of the Hillside Ordinance if it complies
with any of the five exceptions listed in Section 12.21A17(i). Exception 2 allows a project to
be exempt if the lot has vehicular access by way of a Continuous Paved Roadway (CPR) of
at least 28 feet in width. The CPR begins at the driveway apron which provides access to
the main residence and must be continuous and without permanent obstacles to the
boundary of the Hillside Area. Projects exempt from the requirements of the Hillside
Ordinance for any reason are subject to the requirements of the Big House Ordinance.
A project, a new single family dwelling or an addition to an existing single family dwelling ,
which is not exempt from the Hillside Ordinance must comply with the provisions of Section
12.21A17(e) as follows, in addition to other requirements of the Hillside Ordinance:
a.
Street dedication: If the lot fronts on a substandard street, half of the width of
the street for a length equal to the entire frontage of the lot must be dedicated to onehalf of the Standard Hillside Limited Street dimensions or to a lesser dimension as
determined by the City Engineer; and
b.
Roadway width along the entire street frontage: If the lot fronts on a
substandard street, the improved roadway width for a length equal to the entire
frontage of the lot must be at least 20 feet. Relief from this requirement may only be
granted by the Zoning Administrator pursuant to Section 12.24X21 of the LA Zoning
Code; and
c.
Roadway width from site to boundary of Hillside Area: The continuous paved
roadway from the driveway apron which provides access to the main residence of the
subject lot to the boundary of the Hillside Area must be at least 20 feet in width.
Relief from this requirement may only be granted by the Zoning Administrator
pursuant to 12.24X21.
Depending on the site-specific circumstances, see the following Figures, a project may be:
pg. 186
Zoning Manual
(a).
Exempt from the Hillside Ordinance, but subject to the Big House Ordinance;
(b).
Subject to the Hillside Ordinance without the need for approval by the ZA; or
(c).
pg. 187
Zoning Manual
WILLIES TRAIL
SFD
KO
MA
RC
CI
LE
20 ft min. CPR to lot 5
but less than 28 ft.
12
D
SF
pg. 188
Zoning Manual
SFD
SFD
CPR* is at least
20 ft wide
*CPR = Continuous Paved Roadway from driveway apron to Hillside area boundary
20 min. roadway width adjacent to subject lot
ZA approval required because roadway adjacent to lot is <20 even though CPR is at
least 20 from driveway apron.
pg. 189
Zoning Manual
pg. 190
Zoning Manual
Section 12.21A17(e)1, 2
Q1 -
Section 12.21A17(e)(1) requires that at least one-half of the width of the street(s) be
dedicated for the full width of the lot to Standard Hillside Limited Street dimensions or to a
lesser width when approved by the City Engineer prior to issuance of a permit for new
construction of or addition to a one family dwelling.
Does the dedicated portion of the street need to be improved? And when can Public
Works require dedication of less than half street of Standard Hillside Limited Street
standards? Lastly, are street dedication requirements appealable?
A1 -
Q2 -
A 2-
Street improvements is not specifically required but may be necessary when the
street is improved to a width of less than 20 feet and the applicant wishes to avoid filing for a
discretionary action per section 12.24X21
pg. 191
Zoning Manual
(Code Item)
Q 3-
If a parcel has more than one frontage, is it intended that all frontages be improved or
only the frontage over which vehicular access is obtained?
A 3-
pg. 192
Zoning Manual
Section 12.21A17(i)
Q-
A dwelling is proposed on a lot in a tract that recorded in January of 1991 with certain
developer-imposed covenants, conditions and restrictions (CC&R) located in the R1-1 Zone.
The CC&Rs imposed by the developer were filed with the original Map. There were no
CC&Rs nor other conditions imposed by the Advisory Agency when the tract was approved
six years earlier. Is this project exempt from the Hillside Ordinance requirements?
A-
pg. 193
Zoning Manual
Section 12.21A17(i)3(a)
Hillside Ordinance
Additions.
Exemptions
Small
Q-
This exception specifies that cumulative additions made after 9-14-92 of up to 750 sq.
ft. are exempt from the Hillside Ordinance provided that there are two parking spaces on the
lot and the additions maintain certain height limitations. Since the Zoning Administrators
Interpretation ZA96-0241(ZAI) states: Therefore, if a lot is not subject to the Hillside
Ordinance or Coastal Zone provisions, through either geographical exclusion or by specific
exception, it would automatically be subject to the Big House Ordinance, are these small
additions subject to the Big House Ordinance?
A-
pg. 194
Zoning Manual
Section 12.21A17(i)
Hillside
Ordinance
Remodeling of Buildings.
Addition
and
Q - Can a project which involves both an addition and remodel work on the rest of the
building be exempt from the Hillside regulations?
A-
Section 12.21A17(i) states four exceptions by which the Hillside Ordinance regulations
are not applicable. Item number (2) of the subparagraph states in part Any addition ... Item
number (4) of the same subparagraph states in part Any remodeling ... which does not add
square
footage
...
In many, if not most, of the additions, there is usually a certain amount of remodeling. Some
are limited to only those areas directly related to the addition. In other cases, some or most
other parts of the existing building, not directly related to the addition, are remodeled as well
in conjunction with the addition work. Since item 4 has a condition that remodeling which
does not add square footage is exempt from the Hillside regulation, questions arose as to
whether the two exceptions can be combined. That is, can a project which involves an
addition and remodel work on the rest of the building be exempted from the Hillside
regulations?
In light of the fact that most additions inevitably also involve some remodeling work, it is
determined that the two exceptions may be combined. However, all other limitations as
stated in the two exceptions must be strictly adhered to. For example, the total cost of
proposed remodel work, together with the addition, are limited to 50% of the replacement
cost
of
the
previously
existing
building.
(Chief Zoning Administrator memo dated 11-17-2000)
pg. 195
Zoning Manual
Section 12.21C1
pg. 196
Zoning Manual
Section 12.21C1(c)
Q-
This section requires all parts of a main building in all zones, except the RZ zone, to
be "connected in a substantial manner by common walls or continuous roof." What
constitutes "substantial manner"?
A-
Parts of a main building connected by a solid roof of no less than 10' in width or by no
less than 4' of common wall are deemed to be a "substantial" connection. Internal connection
must be provided when required by other code sections. (See Section 12.22 C20(h)
Construction of Breezeway/Patio Cover when Attached to Two Buildings in this manual for
further clarification.)
(B.Z.A. Case 2858-ZAI 80-141A)
pg. 197
Zoning Manual
Section 12.21C1(c)
Interconnection
Dwelling.
within
Single
Family
Q-
Besides being connected by either 10' of solid roof or 4' of common wall, are all
portions of a single family dwelling required to be connected from within?
A-
b)
The above interpretation does not change the Department's long standing practice to
require all bedrooms in a single family dwelling to be interconnected through common living
space. Compliance with the criteria specified above would permit, for example, an
independent recreation room. The recreation room would not need an interior connection
with the remaining dwelling. Unusual layouts that may constitute flexible units are not
permitted.
(B.Z.A. Case 2858-ZAI 80-141A)
pg. 198
Zoning Manual
Section 12.21C1(c)
Q-
A-
Two single-family dwellings are permitted in the A1 and A2 zones when the lot area
requirements are complied with.
One-family dwellings (note plural) are permitted uses in the A1, A2, RA, RE, RS, R1,
RU, RZ and RW1 zones. Most of these zones also contain minimum lot area requirements
per dwelling unit clearly implying that more than one single-family dwelling can possibly be
permitted on one lot. However, pursuant to Section 12.21C1(c) of LAMC, ...every main
building shall be located and maintained on a "lot" or "air space lot" as defined in this article,
and all parts of such building shall be connected in a substantial manner by common walls or
a continuous roof... Additionally, ...There may not be more than one such building on a lot
in the RA, RE, RS, R1, RU, RMP, or RW1 Zones, or on a group of lots in the RZ Zone...
Effectively, by this section, in all these zones indicated, there can be only one main
building, therefore, a single one-family dwelling on a lot. However, note that the limitation
does not apply to the A1 and A2 zones, allowing more than one main building on a lot. This
was intentional and therefore two or more single- family dwellings are allowed on parcels in
the A1 and A2 zones provided the lot area requirements are met.
(Z.E. memo 1-20-00)
pg. 199
Zoning Manual
Section 12.21C1(e)
Q-
This section requires that R or RA lots of less than one acre (43,560 sq. ft.) maintain
the original front yard when subsequent rearrangement of property lines done "...without
recording a subdivision map..." creates a front yard on a different street. The question is:
What constitutes a "subdivision map"?
A-
Parcel Maps (PM's), Divisions of Land (D of L's), and Parcel Map Exemptions (PM
Ex's) are not subject to Section 17.07. Any lots subdivided with a PM, D of L or PM Ex must
maintain the original front yard as required by this Section. An illegal lot cut that has been
granted a Certificate of Compliance (C of C) must also maintain the original front yard.
(ZAI 2369)
pg. 200
Zoning Manual
Section 12.21C1(e)
Q-
How are the yard setbacks determined for lots less than one acre (43,560 sq. ft.)in
the RA or R zone that are subject to the provisions of this section requiring that the original
front yard be maintained due to
subsequent
rearrangement
of
property lines (through lot splits or lot
ties) without recording a Subdivision
Map?
A-
pg. 201
Zoning Manual
pg. 202
Zoning Manual
Section 12.21C1(e)
Q-
How is this Section (as described in the previous question) applied to Reverse Corner
Lots created by dividing a lot or combining a group of lots?
A-
Reverse Corner Lots created by combining or dividing lots in such a way that the
frontage would be on a different street must be developed with the front yard along the street
upon which the original record lots had their frontage. In this case the side and rear yards
shall be determined and provided on the basis of the original front lot line rather than the new
technical front lot line. Under this arrangement two front yards do not have to be observed.
In Figure No. 41, lot 9 was the original lot which was later split into three lots creating
a new reverse corner lot with frontage on a different street. Note that the original front yard is
maintained and a side yard is provided along the new front lot line.
(ZAI 1128)
pg. 203
Zoning Manual
Section 12.21C1(g)
Q-
This Section states that not more than 50 percent of a required front yard shall be
designed, improved or used for access driveways. Under what circumstances is it
permissible to pave more than 50 percent of a required front yard? How does this regulation
apply to the keeping of a recreational vehicle as accessory use to the main residential use?
A- This
Section
requires
landscaping of those portions of the
required front yard not used as
driveways and walkways for lots
containing one or more units or a hotel
in the RE, RS, RU, R1, R2, R3, RAS3,
RAS4, RD, R4, R5 or C zones.
*R.V. PARKING: Recreational
vehicle storage is considered as an
accessory use to a dwelling. An R.V.
may be stored in an A or R-zoned lot
provided it is not within the front yard
setback or the code-required side yard
along the lot line of a corner lot and
provided it is enclosed from view by a
wall or a fence. LAMC 12.21A8(b) and
LAMC 12.21A6(a).
NOTE: There are no limitations
on the maximum side yard that may be
used as a driveway. In corner lots, the
street with the narrower frontage is
considered to be the front of the lot
thereby determining the location of the
front yard. The side yard is then located
along the lot line with the longer
frontage. This applies regardless of where the architectural front of the dwelling is located.
Curb cuts must be approved by the Department of Public Works in all cases.
(Z.E. memo 6-1-95)
pg. 204
Zoning Manual
Section 12.21C1(g)
Q -
This section states in part: "No swimming pool, fish pond or other body of water which
is designed to contain water 18 inches or more in depth shall be permitted in any required
yard space in which fences over 3-1/2 feet in height are prohibited...". Would a swimming
pool be permitted in an area (such as a front yard in an R zone) where a fence higher than 31/2 feet was allowed by a variance, conditional use or any other discretionary action?
A-
pg. 205
Zoning Manual
Section 12.21C1(k)
Q-
When can the Department approve a request to separate (unmerge) lots that are
presently tied by use or by a Lot Tie Affidavit?
A-
Article 1.5 of the Subdivision Map Act, titled: "Merger of Parcels" provides the sole
and exclusive authority for local agencies to establish, by ordinance, a procedure for merging
of contiguous parcels merged on or after January 1984. This article prescribes the
procedures that local agencies must follow for the implementation of such ordinance. As part
of these procedures, local agencies must provide prior written notice to the property owner
of their intention to merger and must also afford owners the opportunity for a hearing.
For parcels merged prior to January 1, 1984, article 1.5 specifies in part: "After
January 1, 1986, no parcel merged prior to January 1, 1984, shall be considered merged
unless a notice of merger has been recorded prior to January 1, 1986." The City of Los
Angeles does not have a currently valid merger ordinance as mandated by State Act and
therefore cannot prevent a property owner from unmerging two or more contiguous parcels
even if they do not comply to minimum area and/or width requirements.
The following termination conditions shall apply to lots that are tied together by
recorded covenant or by use (no covenant). In the case where a recorded lot tie covenant
exists, a termination covenant will have to be recorded.
Procedure for all Lots:
Lots that are currently tied by use or by a lot tie affidavit may be separated and
developed separately provided:
1.
The individual lots were legally created by an original subdivision or are portions of
lots that were legally split. The validity of such split is verified by determining the lot
cut date following the normal procedures. For example, an RA Zone lot of less than
17,500 sq. ft. area or less than 70' of width must have been split prior to June 1, 1946
to be a legal lot.
2.
All buildings, structures and/or accessory uses are removed or altered in such a way
that all such main buildings and uses with their required yards are located on one lot,
and all remaining buildings, structures or uses must conform to the Building and
Zoning Code regulations.
pg. 206
Zoning Manual
Compliance with conditions 1 and 2 above will therefore allow the issuance of a
permit for demolition of a building built across a property line thereby automatically
unmerging the lots when no lot tie affidavit was filed.
Any deviation from above policies require City Planning approval for compliance with
Subdivision Map Act requirements.
(Exec. Officer memo 5-18-93)
pg. 207
Zoning Manual
Section 12.21C2(b)
Required
Buildings.
Passageway
for
Residential
Q-
A-
pg. 208
Zoning Manual
pg. 209
Zoning Manual
Section 12.21C2(b)
pg. 210
Zoning Manual
Section 12.21C2(b)
Q-
The passageway from the street to the entrance of each dwelling unit or to a hallway
as required by this section must be increased by 2' for each story over two contained in the
building. Basements containing habitable rooms are considered stories per 12.21.1A8, yet
12.03 (definition of Story) makes no such reference, are these basements included in the
number of stories when determining the passageway width for a building?
A- Section 12.21.1A8 shall be interpreted to apply only for determination of the allowable
number of stories based on height regulations of Sec. 12.21.1. A basement with habitable
rooms shall not constitute an additional story for determination of passageway width.
Further, section 12.21C1(l) requires a basement with habitable rooms to be
considered a story when determining side and rear yards. This provision does not affect
passageway width either. (A laundry room or any residential common area in the basement
such as accessory recreation room for a multi- family residential facility shall not be
considered a habitable room for the determination of yard requirements.)
(PC Chief memo 2-2-81)
(Zoning Engineer memo 2/16/2006)
pg. 211
Section 12.21C5(a)
Q- Section 12.21C5(a) requires an animal keeping structure (for keeping of equines and
similar), to be placed no less than 75' from the habitable rooms of a neighbor's dwelling unit.
Further, section 12.22A19 requires the habitable rooms of any residential building to be
placed at least 35' from a legally established equine use. Are these two sections in conflict
with each other? When is the construction of a new dwelling, or the addition to an existing
dwelling permitted to be located less than 75' from and adjoining equine keeping use?
A-
These
code
sections
illustrate the same situation but form
different perspectives and therefore
do not conflict. Per 12.22A19, the
habitable rooms of a proposed
dwelling or proposed addition to a
dwelling may be located less than
75' (and as close as 35') from a
legally existing equine use on an
adjacent lot.
However, per 12.21C5(a) a
proposed equine use cannot be
placed within 75' of the habitable
rooms of an existing dwelling on an
adjoining lot.
The idea behind these two
sections is based on the perception
that the proposed equine use is
more onerous to the existing
adjoining dwelling. On the other
hand, the proponents of a dwelling
(or addition) would be presumed to
be aware of the existing adjoining
equine use and may voluntarily build
their project as close as 35' to the animal use. Refer to Fig. No. 47 for clarification.
This interpretation is validated by provisions of 12.23G which recognizes that a permit
for a single family dwelling, or addition to one, may be issued within 75' of a legally existing
equine use in non-K districts. In such cases the code allows the equine use to continue.
pg. 212
Zoning Manual
pg. 213
Zoning Manual
Section 12.21C5(a)
Q -
A-
Even though this Section refers to a "dwelling unit", other code sections that regulate
animal keeping structures, such as 12.22A19 and 12.27H use the term "residential buildings"
instead. The intent of all these code sections is to regulate animal keeping uses that are in
proximity of any residential building. Therefore, buildings such as apartments, hotels etc. are
within the scope of Section 12.21C5(a).
Accessory buildings, such as accessory living quarters and servants' quarters are
residential (habitable) buildings and therefore are also within the scope of Section
12.21C5(a). Other accessory buildings such as recreation rooms, storage sheds or garages
are not habitable and thus not subject to this restriction.
(ZA 85-1131(ZAI), Z.E.I. 6-10-93)
pg. 214
Zoning Manual
Section 12.21C5(b)
Q - Are there any special provisions that allow accessory buildings to be placed in the
front half of a lot when the lot fronts a Hillside (purple) street?
A-
pg. 215
Zoning Manual
Section 12.21C5(b)
Q-
A-
The original ordinance that established tennis court requirements added section
12.21C5(m). That section states "Tennis or paddle tennis courts, including fences and light
standards accessory to a primary residential use... shall observe the same side, front and
rear yards required for a one-story main building...except as otherwise provided in Section
12.22C20(m) of this code".
The code defines "Building" as "any structure having a roof...for the housing, shelter
or enclosure of persons, animals...." A Tennis or Paddle Tennis Court is not a building as
defined in Section 12.03.
Therefore, a tennis court or paddle tennis court is not subject to a setback from the
front lot line different than that which would be required for a one story main building.
(Code Item, ZA 90-0167(ZV))
pg. 216
Zoning Manual
Section 12.21C5(c)
Q-
This section states: "On a reverse corner lot, an accessory building shall not be
located nearer to the side lot line on the street side of such corner lot than the front yard
depth required on the lot in the rear, nor be located nearer than 5 feet to the side lot line of
such lot". Please illustrate this
provision.
A-
pg. 217
Zoning Manual
Cabanas,
Q-
A-
No less than one wall of the accessory building is entirely open except for
structural supports.
b)
The accessory building must be within the rear 30' of the lot or no less than 75'
from front lot line as otherwise required by 12.21.C5(j).
c)
The accessory building must comply with Building Code exterior wall
construction requirements due to proximity to property lines.
d)
The accessory building may contain an enclosed bathroom. -See this manual
"Sec.12.03 Recreation Room. Definition." for plumbing fixtures permitted.
pg. 218
Zoning Manual
Section 12.21C5(h)
Accessory Uses
restrictive zones.
not
permitted
in
more
Q -
A-
pg. 219
Zoning Manual
Section 12.21.1
Q-
What is the maximum permitted height for a privately used satellite dish or antenna
tower in the residential zones?
A-
This section, established by Ord. 161,716, eff. 12/6/86, states that "In the A1, A2, RA,
RE, RS, R1, RZ, R2, RMP, and RW2 zone and in those portions of the RD and R3 zones
which are also in Height District No. 1, no building or structure shall exceed forty five (45) feet
in height. In the RU and RW1 zones, no building or structure shall exceed thirty (30) feet in
height".
Clearly, such things as antenna towers, satellite dishes and the like, used incidentally
to the residential use, are structures as defined in Sec. 12.03 and must observe any required
height limits due to height district or any other ordinance.
Additionally, even though the code does not specifically regulate location of these
structures, it seems reasonable that certain setbacks be required. Section 12.21C5(f) of the
Zoning Code requires a two-story accessory building to be located at least 5 feet from the
rear lot line and same setback from side lot line as required for a main building.
In consideration of the above code sections, antenna towers (including guy wires)
and satellite dishes must be located as required for a two story accessory building.
(Z.E. memo 6-1-84)
pg. 220
Zoning Manual
Section 12.21.1
Q-
A-
pg. 221
Zoning Manual
Section 12.21.1A8
pg. 222
Zoning Manual
Section 12.21.1A10
Transitional
Structures.
Height
Applicability
to
Q-
Section 12.21.1A10 restricts the height of buildings, does these restriction apply to
other Structures?
Does Section 12.21.1A10 apply to lots with RW1 or more restrictive
zoned property located across a street?
A-
The first sentence of 12.21.1A10 states in part Notwithstanding any other provisions
of this section, portions of buildings on a C or M zoned lot.... One argument offered was that
since this section only referred to buildings and not structures, the requirements were only
applicable to buildings and not to structures.
However, the second paragraph of this section which provides an exception to the
provisions, clearly references building and structures. Additionally, Section 12.27I9, which
gives the Zoning Administrator the authority to grant variances to the provisions of
12.21.1A10, also clearly references buildings and structures. Therefore, it is evident that the
provisions of 12.21.1A10 apply to buildings as well as other structures.
As for the second question, there is no indication that the requirements would not
apply across street. Although Section 12.21.1A10 which states When the highest existing
elevation of the adjacent property in the RW1.... indicates there is an exception for property
that is adjacent, this is specific to the exception and does not apply to the general
requirement. Therefore, the requirements of 12.21.1A10 apply to the C or M zones when
located
within
199
feet
of
RW1
or
more
restrictive
zones.
(ZE memo 11-9-99)
pg. 223
Zoning Manual
Section 12.21.1B2
Q -
What is the height allowed for buildings that are not subject to the Hillside Ordinance
(12.21 A17) in height districts "1L" and "1XL" when there is more than 20' difference between
lowest and highest grade and the code allows the height to exceed the height limit by 12'?
A- The Code states in part: "When the elevation of the highest adjoining sidewalk or
ground surface within a 5-foot horizontal distance of the exterior wall of a building exceeds
grade by more than 20 feet, a building may exceed the height in number of feet prescribed by
this section by not more than 12 feet. However, such additional height shall not be permitted
to the extent that such additional height causes any portion of the building or structure to
exceed a height in number of feet as prescribed by this section as measured from the highest
point of the roof structure or parapet wall to the elevation of the ground surface which is
vertically below said line of measurement..."
The application of this language when applied to the case of the "1L" designation
(where the basic height limit is 75'), requires that the building not exceed 75' in height using
the "plumb line" method of measurement, but allows the overall height to be 87'. Similarly in
the "1XL" height district (basic height limit is 30'), the height cannot exceed 30' using the
"plumbline" method with a 42' limitation on the overall height.
(ZA 89-1339 (ZAI))
pg. 224
Zoning Manual
Section 12.21.1B3(a)
Rooftop Guardrails.
Q-
A-
The rooftop guardrails can be considered as a roof structure per LAMC 12.21.1B3(a)
when required as a part of roof decks which are proposed to meet the open space
requirements for apartment buildings per LAMC Section 12.21G.
Furthermore, the rooftop guardrails will not be considered in determining the height of
a
building
subject
to
the
following
limitations:
1.
This determination shall only apply where open space is required to be
provided by Section 12.21G of the Zoning Code and shall not apply where a specific
plan
defines
how
building
height
is
to
be
measured.
2.
The guardrail shall not exceed the minimum height required pursuant to Section
91.0509
of
the
L.A.M.C.
3.
The guardrail shall be located at least 5'-0" from the perimeter of the roof and
shall be located no closer to the perimeter of the roof than permitted by the
requirements of Section 12.21G2(a)(4)(ii) which states roof decks in developments
built at an R3 or an RAS3 density, ...., may be used as common open space,
excluding that portion of the roof within ten feet from the parapet wall.
4.
pg. 225
Zoning Manual
Section 12.22A2
pg. 226
Zoning Manual
Section 12.22 A4
Q-
Is the use of a single mobile trailer for sales office and the use of a single commercial
storage container for storage of products permitted in conjunction with the open air sales of
pumpkins? Is the seasonal sale of pumpkins outside of a building permitted?
A-
The Zoning Administrator has determined that pumpkin sales is similar to sale of
Christmas Trees, and is permitted under the same LAMC Section 12.22A4, subject to the
provisions of that subsection, except that such sales shall be permitted only between October
15 and 31, inclusive.
The ZA determination is based on review of the custom/practice of the sale of
pumpkins in conjunction with the enjoyment of the Halloween activities.
It is a basic precept of the Municipal Code that besides a main use, those activities
normally customarily incidental are also by inference, likewise permitted. In this case, a
storage facility as well as sales facility, both as described and restricted, supra, during the
colder weather season are reasonable, customary and permitted.
(ZA 87-1100(l), clarification, 10-3-1991)
pg. 227
Zoning Manual
Section 12.22A17
as
is
Temporary
Destroyed
Q - The Zoning Code allows a Use of Land permit to be issued for a "Residential Vehicle"
for temporary shelter when the existing dwelling on the same lot has been destroyed by a
disaster. Please answer the following questions:
a) What qualifies as a Disaster?
b) When is a dwelling "destroyed"?
c) What constitutes a Residential Vehicle?
d) Are there any structural requirements that need to be complied with before a Use of Land
permit can be issued for the use of such vehicle?
A-
pg. 228
Zoning Manual
Section 12.22A18
and
Q -
What is the appropriate method of calculating the Buildable Area of a lot when
determining the total permitted floor area of a building combining residential and commercial
uses?
A-
"...For the purpose of computing the height district limitations on total floor area in buildings
of any height, the buildable area that would apply to a one story building on the lot shall be
used.
Notwithstanding the above, in computing the height district limitations on total floor
area for any development of residential dwelling units, or of both residential dwelling units
and commercial uses, in the C2, C4 or C5 zones, buildable area shall have the same
meaning as lot area.
As stated in the code, the buildable area for the C2, C4 and C5 zones is clear. (There are a
number of exceptions, however, to the buildable area in the C2, C4 and C5 zones that are
clearly stated in the code). For all other zones that permit developments combining
residential and commercial uses where the first floor of such buildings at ground level (first
story) is used for commercial purposes or access to the residential portions of such buildings,
the Buildable Area calculation is the same as for a one story building used entirely for
commercial purposes. Where the first story of the proposed development is used in whole or
in part for residential uses, then the Buildable Area is computed excluding the area of the
yards.
(Chief ZA letter 10-19-82)
pg. 229
Zoning Manual
Section 12.22A18(a)
Application
of
Lot
Area
(Density)
Requirements for Developments Combining
Residential and Commercial Uses
Q-
Section 12.22A18(a) allows ... any combination of R5 uses and the uses permitted in
the underlying commercial zone... in the CR, C1, C1.5, C2, C4, and C5 Zones within the
area specified in this section. Does the phrase R5 uses as used therein refer to the lot area
requirements (density) of the R5 zone or the underlying C zone?
A-
Generally, the lot area requirements for the C zones, as mentioned in the section,
refer to the lot area requirements of R4 or R3 Zones. However, this section for developments
combining residential and commercial uses specifically allows R5 uses. One question related
to density that arises is whether to apply R5 lot area requirements or R3 / R4 lot area
requirements as referenced in the lot area requirements of C zones.
In the enforcement of this section, the Zoning Administrator has been determined that
the lot area requirements of the R5 zone are to be applied to projects subject to this section.
Although it is not explicitly stated in the section, the last sentence of the section implies
applying area requirements of R5 zone, not R3 or R4 zone. This interpretation has been
confirmed by the Office of Zoning Administrator who reviewed the original staff report for the
ordinance.
(ZA / ZE joint memo 5-18-2000)
pg. 230
Zoning Manual
Section 12.22A23
(CCD)-
In consultation with the Chief Zoning Administrator, it is concluded that the word
adjoins shall include lots that are abutting each
other either along a line or specifically at a point
Commercial
(e.g. a corner).
Corner
Example:
STREET
STREET
1
C2-1
4
C2-1
2
C2-1
5
R1-1
3
C2-1
6
R1-1
STREET
STREET
lot 5 at a line.
pg. 231
Zoning Manual
Section 12.22A23
Commercial
Corner/Mini-Shopping
Center
Development - Multi-zone or Permitted by
Variance.
Q - This Section imposes restrictions on C or M-zoned Corner Lots in Height District 1, 1L, 1-VL or 1-XL that adjoin or are separated only by an alley or are located across the street
from an RA or R-zoned lot or improved with a single family dwelling and Mini Shopping
Centers. Does this ordinance apply to multiple-zone lots (C and R zone for example)? Does
it also apply to commercial uses permitted by variance on a lot that is not C or M-zoned?
A- It has long been the practice of the Zoning Administrator's office that regardless of the
zones and lot lines which may exist on a property, if a site is developed in such a way as to
be functionally integrated, it is looked upon as one development site. The intent of the City
Council was to regulate commercially utilized and not just commercially zoned lots.
Therefore, this ordinance is applicable to multiple-zone lots and to lots where the
commercial use is permitted by variance.
(ZA 88-0590 (ZAI))
pg. 232
Zoning Manual
Section 12.22A23
Q -
If a building has a mixed use, namely commercial and residential uses, does the
residential use constitute another business for the purpose of defining a mini-shopping
center? How is the required parking determined?
A- No, the residential use does not constitute another business. However, projects which
contain residential uses but otherwise meet the definition of a mini-shopping center are still
considered mini-shopping centers.
Parking required for the residential portions of the mini-shopping center must be
calculated per 12.21A4 requirements.
(Z.A. 89-0944(ZAI))
pg. 233
Zoning Manual
Section 12.22A23
Commercial Corner
Hours of Operation.
Development
(CCD)-
The primary issue relates to noise and audio equipment (speakers and voices), and any
impacts therefrom. So, an ATM which does not require any interpersonal interaction, and
only requires you to interact with the machine, is OK inside a bank, or in a free standing
kiosk. They are NOT subject to commercial corner hours of operation.
The next issue is associated with drive-thru banks, pharmacies and ATM's. The drive-thru
ATM doesn't require any amplified voice since you are still interacting with the machine, not a
person, so they are NOT subjected to commercial corner hours of operation.
However, a drive-thru bank is different as it does have amplified audio, same as drivethrough pharmacies. These are subject to commercial corner hours of operation.
(Chief ZAs email)
pg. 234
Section 12.22A23(a)(1)
Mini-Shopping
Developments.
District 1XL
Centers/Commercial Corner
Maximum height in Height
Q -
This section specifies that a "...building or structure shall not exceed a maximum
height of 45 feet." Does this supersede the height limitation of Height District 1XL?
A-
No, where the mini-shopping center is in the 1XL Height District, a building or structure
constructed on the site must not exceed 30 feet or two stories in height. Also, if a mini
shopping center is within the specified distances to the RW-1 or more restrictive zone per
12.21.1A10 (Transitional Height); it must comply with the more restrictive provision.
(Z.A. 89-0944(ZAI))
pg. 235
Zoning Manual
Section 12.22A23(a)(6)
Q-
What type of signs require a Conditional Use or Plan Approval required for newly
proposed sign in existing Mini-Shopping Centers and Commercial Corner
Developments?
A-
pole signs
projecting signs
roof
signs
shall require a Plan Approval or a Conditional Use (as appropriate) by the Department of City
Planning. Monument signs and information signs do not require Conditional Use provided
they are located only within the landscape-planted areas of the lot or lots.
This applies to both mini-shopping centers and commercial corner developments.
A Plan Approval is a formal discretionary action by the Zoning Administrator as described in
Section
12.24M.
(Z.E. memo dated 10-13-00, ZA 2000-0581(A))
pg. 236
Zoning Manual
Section 12.22A23(c)2
Q -
What is the applicable date to determine whether a Mini Shopping Center (MSC) or a
Commercial Corner Lot Development (CCLD) is considered to be existing? Is Conditional
Use authorization required to erect signs in existing mini-shopping centers or corner lot
developments?
A-
All newly proposed signs as identified in 12.22A23(a)(6), i.e. pole signs; projecting
signs; roof signs; shall require a plan approval or a conditional use (as appropriate) by the
Department of City Planning. This applies to both mini-shopping centers and commercial
corner
developments.
A plan approval is a formal discretionary action by the Zoning Administrator as described in
Section
12.24M.
(ZA 00-0581(ZAI), Z. E. memo 11-13-00)
pg. 237
Zoning Manual
Section 12.22A28
Automotive Use
Use the following matrix to find out what code section applies to your automotive business.
Each color noted below is associated with a code section that contains the development
standards and operating conditions the automotive business is required to comply with. The
following pages contain all related definitions and code sections.
USE
C4
C2
C5
CM
MR1
M1
MR2
M2
M3
CUP per
12.24 W2
(same for
C1.5 zone)
Comply
with 12.14
A6 and
12.22 A28
Comply
with 12.14
A6 and
12.22 A28
Comply
with 12.14
A6 and
12.22 A28
Zone
Variance
Comply
with 12.14
A6 and
12.22 A28
Zone
Variance
Comply
with 12.14
A6 and
12.22 A28
Comply
with 12.14
A6 and
12.22 A28
USED AUTO
SALES
Comply
with 12.22
A28
Comply
with 12.22
A28
Comply
with 12.22
A28
Comply
with 12.22
A28
Zone
Variance
Comply
with 12.21
A6
Zone
Variance
Comply
with 12.21
A6
Comply
with 12.21
A6
NEW AUTO
SALES
Comply
with 12.21
A6
Comply
with 12.21
A6
Comply
with 12.21
A6
Comply
with 12.21
A6
Zone
Variance
Comply
with 12.21
A6
Zone
Variance
Comply
with 12.21
A6
Comply
with 12.21
A6
Comply
with 12.22
A28
Comply
with 12.22
A28
Comply
with 12.22
A28
Comply
with 12.22
A28
Zone
Variance
Comply
with
12.17.6
A14
Zone
Variance
Comply
with
12.17.6
A14
Comply
with
12.17.6
A14
Comply
with
12.17.6A13
Comply
with
12.17.6A13
Comply
with
12.17.6A13
Comply
with
12.17.6A13
GAS STATION
CAR WASH
(CUP is required for a
Commercial Corner
Development or MiniShopping Center)
AUTO REPAIR
(read definition below)
AUTO BODY
SHOP
(with spray painting
and dismantling
activities)
TRUCK REPAIR
OR
OVERHAULING
CUP per
12.24 W3
Comply
with 12.22
A28
Comply
with 12.22
A28
Comply
with 12.22
A28
Zone
Variance
Comply
with
12.17.6A13
(> 500 from
res. uses,
zones and
schools)
Comply
with
12.17.6A13
Zone
Variance
CUP per
12.24 W4
CUP per
12.24 W4
CUP per
12.24 W4
CUP per
12.24 W4
Zone
Variance
Zone
Variance
Zone
Variance
Zone
Variance
Zone
Variance
Permitted
by-right
Permitted
by-right
Permitted
by-right
Permitted
by-right
Permitted
by-right
Zone
Variance
Zone
Variance
Zone
Variance
Zone
Variance
Zone
Variance
Permitted
by-right
Zone
Variance
Permitted
by-right
Permitted
by-right
Zone
Variance
(12.17.5 B4 n.)
TRUCK RENTAL
OR STORAGE
YARD
(12.17.6 3(c) for
trucks, utility rental
trailers or commercial
vehicles)
Note: Display, rental, storage of household moving rental trucks or utility rental trailers as part of the
accessory use to an auto service station with development conditions is permitted per section 12.14A6(e)(2).
pg. 238
Zoning Manual 4th Edition, Revision 3, December 18, 2013
Section 12.22C1
Q-
Can the space between a Building Line (established per Sec 14.00) and the street
line be occupied by any architectural projections permitted by 12.22C20?
A-
Section 12.22C1 specifies that "...the space between such building or setback line and
the front or side lot line may be used as the front or side yard required by this article".
However, Section 12.32R4 states that "...no person shall build or maintain any
building, structure, wall, hedge, fence or other improvement within the space between the
street line and the building line...."
pg. 239
Zoning Manual
Section 12.22 C4
pg. 240
Zoning Manual
pg. 241
Zoning Manual
Section 12.22C6
Q -
This Section states that in a sloping lot ..."the front yard need not exceed 50% of that
required in the zone". Can prevailing setback be used as the front yard "required in the zone"
when figuring the required setback in a sloping lot?
A- It has been interpreted that this code Section refers to the arbitrary front yard required
in each zone. For example, in the R1 zone, the front yard required is 20% of the depth of the
lot not to exceed 20'. To determine the front yard using this Section the prevailing setback is
not used.
In the above example, the largest front yard that could be required would be 50% of
20' (i.e. 10') provided there is no prevailing setback for the block. If, on the other hand, there
is a prevailing setback along the subject block, the setback required cannot be reduced by
virtue of a sloping lot condition.
(P.C. Chief memo 1-17-78)
pg. 242
Zoning Manual
Section 12.22C20
In order to establish a uniform policy for the regulation of mechanical and electrical
equipment, the architectural and building projections into required yards, Section 12.22C20
shall be interpreted to permit or prohibit the location of basements, projections and
equipment in yards as follows:
1. Pool Filters, Pool Heaters, Air Coolers, Air Conditioning Units and Water Heaters:
a.
b.
Not permitted in that portion of a required side yard located between the front
lot line and the most rear portion of the main building, or to be installed under or
enclosed by allowable projections, such as stairways, porches, etc.
EXCEPTION: Tankless water heater, individual portable air coolers or
air conditioning units may project 18 inches into a required side yard,
provided such side yard is not reduced to less than three feet in width.
c.
ii.
b.
Permitted to project 18 inches into a side yard, provided such side yard is not
reduced to less than three feet in width.
c.
pg. 243
3. Ventilation Ducts:
a.
b.
Are not permitted in a side yard, except that vents located within a stuccoed
enclosure may project 12 inches into a required side yard, provided such side
yard is not reduced to less than three feet in width, and a minimum one-hour
separation between duct and building is maintained.
c.
When connected to the main building, ducts may project 30 inches into a
required rear yard, provided a minimum one-hour separation is maintained
between duct and building (no enclosure required).
NOTE:All duct exhaust outlets must comply with Section 505.9 of the 1999 LA
Mechanical Code.
Not permitted in a front yard except that Gas Meters for single family dwellings
and duplexes may be located in the front yard provided they do not project
more than 18 inches into the required front yard and are no more than 42
inches above finished or natural grade, whichever is lower.
b.
Permitted to project 18 inches into a required side yard, provided side yard is
not reduced to less than three feet in width.
c.
b.
Not permitted in that portion of a side yard located between the front property
line and the most rear portion of the main building on the lot.
c.
6. Architectural Projections.
a.
Suspended planter or flower boxes above the first floor level may project 30
inches into a required front yard of building line setback as allowed for Cornices
and Balconies.
pg. 244
b.
Vertical fins may project a maximum of 12 inches into a required front yard,
provided the fins are not more than six inches in thickness and not less than six
feet apart.
c.
A bay window or garden type window of nominal size may project 8 inches into
a required side yard, provided the width of the side yard is not reduced to less
than three feet.
d.
An eave may project 30 inches into a five foot side yard at the front of the
building for a distance of six feet from the front yard.
e.
Section 12.22 C 20 allows balconies, canopies, cornices, belt courses, sills and
other similar architectural features (not including bay windows or vertical
projections) to project into required yards, passageway or other open spaces.
To differentiate between these allowable projections and vertical projections which are
prohibited, a four foot maximum height of allowable projection in any one story will be
permitted. No two adjacent stories may be combined to form any one projection
exceeding four feet in height.
7. Substructure Projections Into Required Yards and Passageways in any zone provided:
a.
Portions of a basement which are located in the required yard do not extend
more than 18 inches above existing or finished grade, whichever is lower. For
Building Lines, the basement structure must be entirely below the existing or
finished grade of a lot whichever is lower.
b.
c.
The area above substructure projections in required yards may be utilized for raised planters,
walkways, fences, etc provided the substructure complies with the requirements outlined
above and the improvements above the substructure comply with all other municipal code
requirements. The height of such improvements shall be measured from the natural ground
level adjacent thereto.
In determining the number of stories, any basement containing habitable rooms shall be
considered a story. (LAMC 12.21.1A.8)
pg. 245
Section 12.22C20
pg. 246
Zoning Manual
pg. 247
Zoning Manual
pg. 248
Zoning Manual
pg. 249
Zoning Manual
Section 12.22C20
Q -
What are the regulations pertaining to sun decks when located within required
yards?
A-
Location of sun decks is not clearly addressed in the Code. Therefore, the
Department has developed Information Bulletin P/ZC 2002-004 to address the location
and height limits for attached and detached decks. A copy of this bulletin can be obtained
on the LADBS web site at www.ladbs.org .
pg. 250
Zoning Manual
Section 12.22C20
pg. 251
Zoning Manual
Section 12.22C20
Q -
Are above ground electrical transformers installed by the Department of Water and
Power allowed to be placed within any required yard setbacks?
A-
Yes, Section 12.22A2 specifies that the provisions of the zoning code may not be
construed to interfere with the installation and maintenance for public utility purposes of
structures such as electrical transmission and distribution lines and incidental
appurtenances.
Section 17.05N describes incidental appurtenances as being equipment such as
transformers, terminal boxes, and meter cabinets. However, the equipment allowed within
the yard setbacks is only that which is installed by the Department of Water and Power or
other public utility.
(C.A.O. 515)
pg. 252
Zoning Manual
Section 12.22C20(e)
Q -
Can a graded level building pad exceed 6 feet above the natural ground level if not
located within the front, side or rear yard of a lot ?
A-
Section 12.21C1(g) of the Planning and Zoning Code states that Every required
front, side and rear yard shall be open and unobstructed from the ground to the sky,
except for those projections permitted by Sections 12.08.5, 12.09.5 and 12.22 of the
Code.
Section 12.22C20(e) allows a built-up grade to extend a maximum of 6 feet into
any yard provided it is not more than 6 feet above the natural grade and the landing does
not extend above the level of the first floor. However, when located outside of any
required yards, the Zoning Administrator has concluded that there is no applicable
Municipal Code section restricting the height of a building pad to 6 feet above the natural
grade even when effectively raising the height of the roof of a building. If, however,
retaining walls are used, then the height of the building is measured down to the original
grade elevation. Similarly, when the project is subject to the Hillside Ordinance (i.e. Sec.
12.21A17.), the height must be measured from the original grade even if no retaining
walls are used.
(ZA 89-1285(ZAI))
pg. 253
Zoning Manual
Q -
A-
In a Subdivision where there has been general grading activities which changed
the original contour of the land, the height of the structure should be measured from the
finished ground level of the property after the general subdivision grading has occurred
rather than the original ground level prior to such grading operations.
This interpretation, measuring height of these structures from the finish grade
resulting from general grading, is valid for subdivisions of five acres or more.
Individual grading operations on one or few adjoining lots do not receive the same
consideration and the height of the structures should be measured from natural grade or
from the finish grade that resulted from the original subdivision grading operations if any.
In any event, where two or more contiguous lots are graded concurrently and the
finish grade contours are altered along the common lot lines, the height of fences, walls or
hedges may be measured from the finish grade.
(Z.A.I. 1412)
pg. 254
Zoning Manual
Section 12.22C20(f)
Q -
Can the guardrail required adjacent to a raised walk exceed the maximum height
permitted for a fence in a front yard?
A-
pg. 255
Zoning Manual
Section 12.22C20(f)
Q -
A-
pg. 256
Zoning Manual
Section 12.22C20(h)
Construction of Breezeway/Patio
when Attached to Two Buildings
Cover
Q -
Under what conditions should the proposed breezeway/patio cover shown below
be permitted in conjunction with residential buildings?
ACase 1:
Breezeway
is up to 5 feet
width
The Zoning Administrator and the City Attorney have interpreted parts of a building
connected by a solid roof of no less than 10 feet in width (trellis permitted only for any
portion in excess of 10 feet in width) to be substantially connected; therefore, all portions
pg. 257
Zoning Manual
pg. 258
Zoning Manual
Section 12.22C20(l)
Q -
By this Section, the code restricts projections into yards so as to maintain complete
access around and in close proximity to main residential buildings and accessory living
quarters. If a fence is provided, a 30" gate must be provided. Is open parking permitted to
be located within this space?
A-
The intent of this Section appears to be to limit the extent of projections from a
building and to regulate the height and location of fences so that access around main
residential buildings is maintained. The code language ("No architectural feature, fire
escape, porch, balcony or other projection...) makes this clear.
It has been argued that this provision was placed in the code to facilitate
firefighting. However, there is no such provision in the building code for residential nor
commercial buildings. Additionally, Section 12.21A6(a) specifically permits parking areas
to be located within required yards (except the front yard and side yard along the side
street of a corner lot).
In conclusion, there is no language in the code that prevents location of open
parking areas within the access space around main residential buildings and accessory
living quarters. Open parking is permitted, of course, provided that the zone allows open
parking.
(Z.E.I. 12-22-92)
pg. 259
Zoning Manual
Section 12.22C20(l)
main
Q -
What is the maximum vertical height permitted for a structure such as a raised
platform when located within the required accessible path around a main residential
building?
A-
Vertical cuts or fills or raised structures such as planters, landings, decks etc. up to
24" are not assumed to restrict access In cases where the 24" limit is exceeded, ramps or
stairs must be provided.
Any naturally existing topographical condition, will be considered as accessible.
However, should this area also be used as an exit, a conforming stair must be provided.
(Unsigned memo, ZEI 1-28-93)
pg. 260
Zoning Manual
Section 12.22C20(m)
courts.
Q -
The above code Section and ZAI 78-100 refer to a requirement of a fence "no
higher than 10' above the court's surface" around tennis courts. Can this be interpreted to
permit fences less than 10' high?
A-
The 10' high standard was intended to be both the minimum and the maximum
permitted height. A tennis or paddle tennis court with an enclosing fence of less than 10'
in height is not permitted.
The reason for the requirement was to establish a height which would serve to
prevent errant balls from exiting the site onto adjoining properties.
Such fence, however may be 12' high when the entire tennis or paddle tennis court
is 25' or more from all property lines.
(ZAI 78-100 clarified 10-27-88 and 1-23-89)
pg. 261
Zoning Manual
Section 12.22C20(m)
Q -
ZAI 78-100 specifies that any portion of a tennis or paddle tennis court which has
a court surface 6 feet or more above the natural adjacent grade shall be located at least
50 feet from all property lines. Does this mean that the entire court must be 50' from P.L.'s
even when only a portion of the court is 6' high?
A-
No, only that portion of the court that has a surface 6 ft. or more above the natural
adjacent grade must be at least 50 ft. from all property lines.
(ZAI 78-100 clarified 8-12-82)
pg. 262
Zoning Manual
Section 12.22C20(m)
Q - The Zoning Code specifies regulations on tennis courts. However, some lots
include what can be termed as a game court, allowing other games with balls. Are
these Game Court allowed? If so, what are the limitations.
A-
pg. 263
Zoning Manual
Section 12.23A3
Nonconforming
Buildings
additions and alterations.
Substantial
Q-
A-
pg. 264
Zoning Manual
Section 12.23A3(a)3
Q -
A-
pg. 265
Zoning Manual
Section 12.23A3(c)
Q-
A-
pg. 266
Zoning Manual
Since a 3-story single family dwelling would now require an additional 1 ft. of side
yard, a 6 ft. minimum side yard would now be required for the entire single family
dwelling.
The existing one story house has nonconforming rights to a 5' side yard and not to
a 6' side yard and thus the exception cannot be used.
Example 2.
additions.
Existing one story building with proposed first and second story
Since the one and two story additions are defined as ground floor additions per the
big house ordinance, the proposed addition must comply with the setback requirements of
the big house ordinance. Assuming that the two story addition is more than 18' in height,
a six foot side yard setback would be required for both the one and two story additions.
For projects subject to the Hillside Ordinance, the required setback applies to all
additions. Therefore, assuming that the two story addition exceeds 18 feet in height, the
one and two story additions would require a six foot side yard setback. Again, however, if
the proposed additions create a Major Remodel-Hillside as defined in Section 12.03, then
the provisions of the hillside ordinance require that the entire building comply with the
required setbacks and therefore, the proposed addition would not be permitted
Example 3. Existing one story building with proposed second story addition
For projects subject to the big house ordinance, the proposed 2nd story addition is
not considered a ground floor addition since it does not expand the footprint of the
building. Therefore the proposed addition may be constructed with a five foot side yard
setback.
For projects subject to the hillside ordinance, the required setback would be
dependent on the height of the dwelling. Assuming the addition would be greater than 18'
but less than 28', the required setback would be 6 feet for the entire building.
(Training Officer memo 11-12-91, Z.E. memo dated 8-21-98)
pg. 267
Zoning Manual
Section 12.23A3(c)
Q-
pg. 268
Zoning Manual
Section 12.23A3(c)
Q-
Is an addition to a residential building with an existing front yard of less than the
prevailing setback limited to the same restrictions as a building nonconforming as to side
or rear yards, that is, could the addition maintain the existing setback? Is the addition
limited in height or in length? For example, if the prevailing setback along the block is 20',
is the situation shown in Alternative A permitted by Code? Or must the addition conform
with the limitations depicted in Alternative B?
A-
Section
12.23A3(c)
regulates additions
to
buildings
nonconforming only
as
to
yard
requirements. The
building
in
Alternative A is not
nonconforming as
to
front
yard
requirements. The
existing 15' setback
is the required front
yard setback for the
lot, and may be
used to establish
the
prevailing
setback required for
new construction on
lots located along
the same street
frontage.
Therefore,
the
addition shown in
Alternative A is
permitted and may
exceed the height of
the existing building so long as it complies with Sec. 12.21.1.
The exception is in the event that the original house was built when the lot was not
governed by prevailing setback; either under a different zone or being subject to the
Hillside street setback -ZAI 1270 or ZA -90-1439(ZAI). In those cases the existing setback
pg. 269
Zoning Manual
pg. 270
Zoning Manual
Section 12.23A3(c)
Q - Are Ground Floor Additions, as such term is defined in Sec. 12.03 (as Addition,
Ground Floor), eligible to use the nonconforming rights as to yard regulations as intended
by the Big House Ordinance?
A-
Yes, the Department has determined, in consultation with the Department of City
Planning, that the provisions contained in Section 12.23A3(c) are applicable to ground
floor additions that are subject to the provisions of the Big House ordinance.
(ZE memo 8-21-98)
pg. 271
Zoning Manual
Section 12.23A7
Q -
This Section permits the "replacement" of URM buildings with the same
nonconforming height, number of stories, lot area, loading space or parking. Is the intent
of this Section that the building be reconstructed with the same general configuration of
the existing building?
A-
The Zoning Administrator in his latest interpretation has clarified that the intent of
this provision was to facilitate the replacement of earthquake hazardous buildings.
Therefore a replacement building may be constructed enjoying the nonconforming
rights specified in this Section even if the building is not substantially the same as the
building demolished. The new building may have less floor area, lower height or number
of stories. It may also exceed those characteristics when compared with the original
building provided code limits are not exceeded. If additional floor area is provided,
nonconforming parking rights, for example, are preserved for the existing floor area, and
only the added floor area must be provided with parking as required by present code.
(Chief Z.A. memo 8-23-91)
pg. 272
Zoning Manual
Section 12.24L
Q-
A-
The answer to this question depends on the date that the business was
established. Lets review the relevant code provisions. Per 12.24L an automotive repair
business legally established prior to the establishment of the Conditional Use
requirements (building permit issued prior to 2/9/89) is said to have Deemed to be
approved Conditional Use Status, provided that the business complies with the code
conditions that authorized such use (zone requirements etc.). In addition, section 12.24P
specifies that no conditional use may be changed to a different type of conditional use
unless a new application for conditional use is filed and granted.
The question then becomes: Does a change in auto repair activity constitute a
change to a different type of conditional use? The answer is no. The use is still
Automotive Repair as listed in 12.24W4 and therefore no new conditional use is
required. The new activity must continue to be carried out in conformity with all provisions
applicable at the time the use was established.
The question can now be clarified to be whether or not a Deemed-to-be-Approved
determination by the Department of City Planning is required.
The answer is: not necessarily. Newer auto repair uses established with permits
issued after 2/9/89 must conform with the conditions of the Conditional Use permit that
originally allowed the business. Plan check engineers must determine during plan check
whether the new activity will observe the conditions in the Conditional Use approval and
require a clearance sign off by City Planning on the permit application. Only those
businesses that would violate any of the original conditions need to be referred to City
Planning. Those that will continue to observe all the conditions imposed, shall be granted
deemed-to-be-approved status by the plan check engineer.
(Z.E. memo 5-11-95)
pg. 273
Zoning Manual
Section 12.24L
Q-
What constitutes a "Deemed to be Approved Site" for conditional use? When does
an applicant need a Deemed to be Approved determination and approval from City
Planning?
A-
A "Deemed to be approved site" is a lot or portion which is lawfully being used for
any of the uses enumerated in Section 12.24 where such uses are no longer permitted by
right due to a zone change or an amendment to the Code.
Any time an existing Deemed to be Approved use is expanded or intensified, an
approval from City Planning will be required. This should be in the form of a "Plan
Approval" or a new conditional use action. In any case, a written approval and a permit
sign off by City Planning is required prior to issuance of a building permit.
For example, an existing firearms dealer is applying for a permit to add 1000
square feet of floor area. Pursuant to Section 12.24P, a Plan Approval from City Planning
shall be obtained and any conditions so stipulated shall be enforced.
Another example of a Deemed to be approved site occurs in the case where an
existing auto repair (within 300 ft. of a R Zone) is expanding without adding floor area
when it takes over an adjacent tenant space not currently used for auto repair. Although
the project does not entail the addition of floor area, the "deemed to be approved" use is
becoming more intensive and will require City Planning's review.
Planning approval will not be required when the scope of the project is for repair or
cosmetic work (i.e. stucco, new restrooms, etc.) which does not add floor area or intensify
the use.
(ZA Memo No. 65 2-17-87)
pg. 274
Zoning Manual
Section 12.24U5
Qa
What is the appropriate process to follow when dealing with a proposal to establish
halfway
house
work
furlough
facility?
A-
There are residential facilities wherein individuals who are still under sentence but
upon leaving a formal correctional institution are allowed to reside and engage in a
program under which they reside for a certain period of time in a facility which allows for
sheltered reuniting into community life as a transitional experience. As noted, the
individuals are still under sentence and must live in the facility and be monitored even
though they may leave the premises for work or under other allowable circumstances.
The Zoning Administrators position has been and continues to be that such facilities are
considered to be correctional institutions for the purpose of the zoning regulations and as
such, a conditional use application pursuant to Section 12.24U5 of the LAMC must be
followed.
(ZA memorandum No. 102, 8-07-97)
pg. 275
Zoning Manual
Section 12.24W4
Q -
When does a Gas Service Station need Conditional Use? What constitutes auto
repair?
A-
pg. 276
Zoning Manual
Section 12.24W13, 49
Q-
How does the recent introduction of very small aperture terminal (VSAT) antennae
and Terrestrial microwave antennae (TMA) affect the zoning locations which govern the
use of such antennae?
A-
The diameter of any VSAT antenna shall not exceed 6 feet in diameter. Terrestrial
microwave antennae shall not exceed 8 feet in diameter.
2)
The power output of the associated with the antenna does not exceed 2 watts.
3)
Such antennae will still be subject to the building height limitations of the zone in which
the antennae are located.
(ZA Case No. 88-0466(R) of 4-4-88 & 3-22-90)
pg. 277
Zoning Manual
Section 12.24W42
Q -
This Section requires discretionary approval for indoor swap meets. They are
defined as a business within a building where new or secondhand merchandise is sold by
ten or more vendors and a fee is charged either to the vendors or to the public. Does this
apply to stores that give long term leases to vendors?
A-
Retail sales under a written lease for a specific stall/space for a minimum period of
one year where there is no fee or charge to patrons/shoppers in order to be able to enter
the premises or shop is not considered to be an "Indoor swap meet" and it is not subject
to discretionary approval by this code Section.
(ZA 90-1440(ZAI))
pg. 278
Zoning Manual
Section 12.24W43
Date:
To:
From:
Subject:
Zoning Memorandum No. 120 (see attached) permits a detached second dwelling unit
not to exceed 1200 sq. ft. floor area on a lot that is zoned for single-family or multifamily use.
Since the Zoning Memorandum does not clarify whether to use the "Residential Floor
Area" definition or "Floor Area" definition as described in the Zoning Code to calculate
the second dwelling unit floor area, the Planning Department has provided the following
guideline to exclude the areas listed below from the second dwelling unit floor area:
The total area of 200 sq. ft. per required covered parking space for the main
dwelling unit and/or second dwelling unit
The first 250 sq. ft. of attached porches, patios, and breezeways with a solid roof
if they are open on at least two sides
pg. 279
LOS
PLANNING
OlH',\RTMENT
l
FROM:
Michael LeGrande
Chief Zoning Administrator
SUBJECT:
State Assembly Bill 1866 became effective on July 1, 2003 amending Government
Code Sections 65583.1, 65852.2 and 65915 that allows the creation of second dwelling
units on residentially zoned lots, be considered ministerially without discretionary review
or hearing. The intention of this memorandum is to assist with implementing AB 1866. It
supersedes a previous memorandum issued by Robert Janovici, former Chief Zoning
Administrator, and Peter Kim, former Zoning Engineer, dated June 23, 2003.
A second dwelling unit is permitted by right on a lot if it meets ALL of the following AB
1866 standards:
1.
The second unit is not intended for sale and may be rented;
2.
3.
4.
The second unit is either located within the living area of the existing dwelling
(attached) or on the same lot as the existing dwelling (detached);
5.
The total area of the increased floor area of an attached second unit does not
exceed 30 percent of the existing floor area;
6.
The total area of the floor area for a detached second unit does not exceed 1,200
square feet;
7.
pg. 280
8.
The local building code requirements which apply to dwellings, as appropriate, are
also met; and
9.
APPROVAL
If the proposed second dwelling unit meets all nine AB 1866 standards, the Department of
Building and Safety shall approve the plans and issue a building permit.
If the
proposed unit meets all nine standards but is governed by an historic preservation
overlay zone, specific plan, or other zoning regulation that requires architectural review or a
similar type of review, then the Department of Building and Safety shall refer the applicant to
the Department of City Planning. The Planning Department may impose conditions on the
project as a result of this architectural or similar review, but may not deny the second unit if it
otherwise meets all nine AB 1866 standards.
ALTERNATIVE APPROVAL
If a proposed second dwelling unit does not comply with the nine standards listed
above, then AB 1866 does not apply and all applicable regulations in the zoning code
govern. If an applicant still wishes to build a second unit, then two options may be
available:
First Option. Obtain all necessary approvals as provided by the zoning code. For
example, if a proposed second dwelling unit complies with all nine standards set forth
above except the required rear yard, then the applicant would have to file for two
discretionary land use approvals: (1) an adjustment, pursuant to LAMC Section
12.28, for a reduced rear yard; and (2) a variance, pursuant to LAMC Section 12.27,
for an increase in density to permit an additional unit on a lot where the zoning only
allows one dwelling unit.
Second Option. Obtain an approved conditional use permit from the Zoning
Administrator pursuant to either LAMC Section 12.24-W,43 or LAMC Section
12.24-W,44, subject to all applicable requirements and limitations set forth in those
sections.
MULTIPLE DWELLING ZONES
AB 1866 shall not be construed to allow an increase in the density of a zone that may permit
two or more dwelling units on a single lot. For example, a third dwelling unit on a lot zoned R2
is not allowed by right pursuant to AB 1866.
ML:AB:TR:GJ:Imc
pg. 281
Section 12.24W49
Q-
The Code has specific Sections which regulate communication transmitting facilities
which are not considered public utility/service uses or structures. However, some confusion
has arisen in the proper application for allowing a receiving device since the code is silent on
this type of facility. Are receiving facilities permitted in a C-Zoned lot? Where will they be
first allowed by right?
A-
The Zoning Administrator has determined that receiving devices, such as radio,
television, microwave or other similar receivers, shall be considered similar to the perspective
transmitting devices. Therefore a discretionary approval shall be the appropriate vehicle for
allowing such a receiving facility in the C or MR zones or more restrictive.
Since such communication uses have been determined to be similar in the
requirement for discretionary approval, it would be logical that they would be allowed by right
in the same zones as their transmitting counterparts. Therefore, a receiving device, such as
a radio receiving structure, shall be allowed by right in the M1, M2, and M3 Zones.
(Chief ZA Memo 3-23-88)
pg. 282
Zoning Manual
Section 12.26A2
Q -
Are there any regulations regarding the use of catering trucks in the City of Los
Angeles for ambulatory sales of food products?
A-
The Zoning Code does not specifically refer to the use of these catering trucks.
Typically, these vehicles are used to visit commercial sites and sell their goods to the
employees that work at those sites. These visits generally coincide with the employees
break times or lunch periods and are of a short duration.
The Building Code, by 91.7208 allows the use of "Industrial Catering Trucks" (I.C.T.)
in Fire Districts #1 and #2. An I.C.T. is defined in the Building Code as a motor vehicle used
to sell ready-to-eat food and beverages that have been prepared elsewhere not within the
vehicle in an approved establishment. Persons selling out of these vehicles are referred to as
"Hawkers" in the County of Los Angeles Public Health Code.
The Department's policy regarding Catering trucks is as follows:
a)
Sales conducted out of any catering truck parked on a public way are not regulated by
this Department.
b)
Sales on private property from a catering truck equipped to prepare food are not
permitted. Such activity (cooking and/or food preparation) must be conducted within a
building. Health code refers to these vehicles as "itinerant restaurants".
c)
Sales on private property of packaged food and drink items from an I.C.T. are
permitted with the following conditions:
1)
2)
3)
4)
Length of stay at a particular site must be of short duration and only as long as
necessary to serve the occupants of the building on the lot where the I.C.T. is
parked. Time of stay cannot extend so as to encourage sales to customers not
connected with the building or use that is on the lot. During the time of stay,
I.C.T. operator must maintain the premises in a clean and orderly condition.
pg. 283
Zoning Manual
In any case, an ICT must be moved to another location at least 500 ft. away measured
in a straight line within each one hour period.
(Z.E. memo 9-2-93)
pg. 284
Zoning Manual
Section 12.26B
This Section specifies in part: ...slight modifications from the yard requirements shall be
limited to deviations permitting portions of buildings to extend into a required yard or other
open space a distance of not to exceed 20 percent of the width or depth of such required
yard or other open space. However, for structures and additions existing prior to January 1,
1995, slight modifications may be granted for yard deviations slightly over 20 percent. The
following questions deal with the interpretation of this provision.
A1 -
Yes, the language in the Ordinance: a required yard or other open space, is intended
to include passageways and required open space between buildings. Therefore any requests
to deviate more that 20% of the required distance must be referred to City Planning. The
Department of Building and Safety, may consider requests for slightly over 20% of the
required yard or open space dimension if construction was existing prior to January 1, 1995.
Q 2 - Can the Department of Building and Safety consider a modification for an over height
fence if such fence existed prior to January 1, 1995?
A2 -
No, after January 1, 1995, neither the Department staff nor the Board may consider
requests for over-height fences. All requests for over-height fences must be referred to the
Department of City Planning for consideration.
pg. 285
Zoning Manual
Section 12.26 E2
Q-
Can a Use of Land be conducted on a lot without the benefit of a building on that lot?
A-
Certain uses such as public parking lots often have no employees and the business
involves minimal transactions and therefore they are which has historically been permitted to
occur in the open in all C and M zones without a building. Other uses, such as auto sales in
C Zones or auto dismantling yards in M Zones typically have several employees and the
business entails a more complicated transactions which involve paper work and records. It is
not legal to do business from a trailer, storage container, junk car, bus, or similar vehicle.
This then dictates that a permanent building be required to function as an office or place of
business in conjunction with most uses. If however, an applicant wishes to conduct the
necessary financial transactions in the open, such activity is only permitted in the M2 or M3
Zones. Whenever issuing a use of land permit for an open type business, we should be
cognizant of the fact that, practically speaking, an office building is essential to the main
business and advise the applicant that a separate permit would be required for such office
building.
In summary:
1.
2.
Car sales, auto dismantling yards and other similar uses require an office building in
all zones except in the M2 and M3 Zones where such activities may be carried out in
the open.
3.
Sanitary facilities are required per LADBS Information Bulletin P/BC 2002-95
pg. 286
Zoning Manual
Section 12.26 E2
Q -
Can one Use of Land Permit be issued over more than one lot without the benefit of
a lot tie affidavit?
A-
Use of Land permits such as junk yards, automobile sales, parking, and the like are
not restricted to just one lot even if the lots involved are owned by separate individuals.
Depending on the layout and physical nature of the lots involved, one Use of Land permit
may be sufficient to cover all sites, or it may be necessary to have a separate Use of Land
permit for each lot. For instance, a used car sales lot is proposed on a certain Lot 1.
Adjacent to Lot 1 is Lot 2 which is vacant and owned by another individual. One Use of Land
permit describing both lots could be obtained for the used car sales use on both lots.
However, if there were other uses and/or buildings on Lot 2, a separate permit for used car
sales should be issued for that portion of Lot 2 which will have the used car sales use.
A separate Use of Land permit would ensure that any requirements of existing uses
on Lot 2, such as parking, landscaping, fencing, etc. are properly maintained independently
of Lot 1. In this case, the car sales portion on Lot 2 must comply with code independently of
Lot 1 (fences, landscaping, etc.).
Since the lots are owned by separate individuals, a lot tie cannot be performed unless
the two owners became partners and changed the grant deeds to reflect such partnership.
Note that an applicant who pulls a permit for another owners site does so under the premise
that it is with the owners knowledge and consent.
(Z. E. Memo 3-15-94)
pg. 287
Zoning Manual
Q -
What are the differences between (Q) and [Q] qualified zone prefix designation? (e.g.
(Q)RD3-1 or [Q]RD3-1)
A-
Qualified classifications, (Q) or [Q], are used in conjunction with a zone change. (Q)
classification indicates that site development must be completed within a limited period of
time. If no development occurs within 6 years or the development is not continuously carried
out to its completion, the Director of Planning has the authority to nullify the zone change and
the property would revert back to the previous zone.
[Q] classification, on the other hand, is permanent. There is no time limit for
construction of projects on the property.
While in a temporary (Q) or permanent [Q] classification, the property may also be
used for any of the uses permitted by the zone existing prior to the qualified classification
provided that such use is permitted by the new zone.
Upon development of the property and after the Certificate of Occupancy is issued,
the parenthesis are removed and brackets will be added to indicate that the conditions are
permanent (e.g. [Q]RD3-1).
Upon issuance of a C. of O. for new buildings on property classified (Q) or [Q],
inspectors must notify City Planning.
(Code item, Z.E. memo 3-3-93)
pg. 288
Zoning Manual
Section 12.32R
pg. 289
Zoning Manual
Section 12.32R5(c)
Q-
A-
The purpose of Building Line setbacks is to provide additional open space for light and
ventilation, to lessen fire danger, to provide sufficient open spaces for public and private
transportation, to protect and implement the "Highways and Freeways element of the
General Plan" etc..
Since the majority of these reasons deal with above-grade construction, Section
12.32R5(c) exempts construction below the natural or finish grade of a lot whichever is lower
from the provisions of this article.
To assure that proposed below-grade construction does not conflict with the Highways
and Freeways element of the General plan, such construction must obtain Highway
Dedication clearance from the Department of Public Works prior to issuance of a permit.
pg. 290
Zoning Manual
Section 12.37A
Q -
A-
pg. 291
Zoning Manual
Per 12.37A1, no dedication is required since any dedication will reduce the area of the
lot to less than 5000 sq. ft. However, per Section 12.37H, 12 ft. would be required to be
dedicated in order to provide a highway half width of 52 ft. ( 104 ft. is the required width for a
major highway). Therefore, per Section 12.37A4, the proposed building cannot be
constructed within the front 12 ft. even though the Department of Public Works cannot
actually require that the dedication be carried out.
(C.A.O. 537)
pg. 292
Zoning Manual
Section 12.37G
Q -
This Code Section allows the area of a lot as it existed prior to any street dedication
pursuant to Section 12.37 (Commonly known as the R3 ordinance), to be used when
calculating density.
In the case where a piece of property has been previously subdivided and dedications
were made either as part of the subdivision or possibly as part of the proceedings for a
building permit for a building that was never constructed, or as part of zone variance, zone
change or conditional use, is a new project entitled to density based on the area of the lot
prior to such dedication?
A-
The Chief Zoning Administrator has determined that land use entitlements should be
determined on the basis of the original lot area at least until such time as the street is
physically widened. Section 12.37G reads as follows, "In applying all other provisions of this
article, the area of such lot shall be considered as that which existed immediately prior to
such required street widening."
Additionally, because tract and parcel maps are governed by Article 7, Division of
Land, Section 12.37-G is not applicable, and land use entitlements are properly determined
on the basis of the area of the lot subsequent to highway dedication.
Consequently, area of dedications in conjunction with old subdivisions cannot use the area of
the dedicated street when calculating the maximum number of units permitted on the lot.
However, if new development takes places on a lot with an existing, recorded dedication, or
on lots with old permits where the building was never constructed, land use entitlements shall
be based on the original and not the ultimate lot lines until the street is physically widened.
LADBS will assume that all existing dedications have been improved unless clearance is
obtained from the Department of Public Works indicating that the improvements have not
taken pace. Once such clearance is obtained then LADBS will determine the lot area based
on the original lot lines.
pg. 293
Zoning Manual
Section 12.37G
pg. 294
Zoning Manual
Section 12.37G
Q - In reference to lots affected by street widening for RD1.5, RD2, RD3 or R3 or less
restrictive zones, the last paragraph of Section 12.37G reads as follows:
"In applying all other provisions of this article, the area of such lot shall be considered
as that which existed immediately prior to such required street widening."
What is the appropriate area of the lot to use in determining maximum permitted Floor
Area Ratio (FAR) and residential density?
A-
The reference to "this article" in the section restricts the application of Section 12.37G
to any provision contained in Article 2 of the Municipal Code, namely zone changes,
conditional uses, and variance, as well as the issuance of building permits. Therefore, the
land use entitlements are properly determined on the basis of the area of the lot prior to
highway dedication.
Because tract and parcel maps are governed by Article 7, Division of Land, Section 12.37-G
is not applicable, and land use entitlements are properly determined on the basis of the area
of the lot subsequent to highway dedication.
(ZA
Memo
No.
104,
2-13-1998)
pg. 295
Zoning Manual
Section 12.70B8
Q -
This section defines Massage Parlor as An establishment where, for any form of
consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar
treatment or manipulation of the human body is administered unless such treatment or
manipulation is administered by a medical practitioner... Are stress reduction massages
performed open to full public view classified as a Massage Parlor and thereby subject to
Adult Entertainment Business conditions? What if the massage is given by a State licensed
massage technician?
A-
(ZA 96-0473(ZAI))
(Building Bureau Chief Memorandum 8/2/2010
pg. 296
Section 12.70B12
Q -
A-
The Department was advised by the City Attorney that a business may be considered
a sexual encounter establishment (S.E.E.) if its operation allows, permits, or condones either
tacitly or explicitly specified sexual activity to occur. This may be fostered by mechanical
devices, lighting, or interior design
Bath houses, health spas, athletic clubs or other similar uses may be considered as a
"Bath**" (see definition below). These establishments, with an architectural arrangement that
provides for several rooms and private areas may be considered an S.E.E. In these cases,
questions must be asked to insure that the layout and expected operation is more
appropriate for the specified use rather than that of an S.E.E.
In addition, the following conditions may be imposed where appropriate:
1-
Floor plan to designate room uses and furniture layout and description of business
operation to be specified.
2-
Signs posted indicating that management inspections will be conducted and minimum
clothing required at all time.
3-
4-
5-
pg. 297
Zoning Manual
therewith, a steam room, dry room, plunge, shower bath, or sleeping accommodations, or
any other type bath for treating the human body.
(Bldg. Bur. Chief 1-6-82)
pg. 298
Zoning Manual
Section 12.70C
Q -
A-
Section 12.70B17 defines A.E.B.'s as: "... Adult Arcade, Adult Bookstore, Adult
Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Massage Parlor or Sexual
Encounter Establishment...". These types of businesses are further defined in Section
12.70B.
Massage Parlors and Sexual Encounter Establishments are not permitted by right in
any zone. Section 12.24W18(c) allows the Zoning Administrator to consider Massage Parlors
and Sexual Encounter Establishments under Conditional Use proceedings.
All other A.E.B.'s are permitted in the C2, C5, CM, M1, M2 and M3 provided:
a)
b)
c)
they are not within 500 ft. of any religious institution, school or public park. (Public
Park includes any playground, swimming pool, beach, pier, reservoir, golf course or
athletic field under the control of the City Department of Recreation and Parks or the
County Department of Beaches.
d)
Each type of A.E.B. constitutes a separate business even if operated in conjunction with
another A.E.B. at the same establishment. For example an Adult Cabaret with an Adult
Arcade in the same establishment constitute two separate A.E.B.'s. See 12.70B for
definitions of the different types of A.E.B.'s.
Section 12.22A20 provides exceptions to 12.70C and permits the Zoning
Administrator to Conditionally approve those A.E.B.'s meeting the specified criteria.
(Code item)
pg. 299
Zoning Manual
Section 14.3.1
pg. 300
Facility
Alzheimers/Dementia
Care Housing (see note #1)
Medical
Services
Provided
Yes (see note
#3)
Layout
Permitted
Zones
Permitted
Parking
Requirements
Yards
Requirements
Entitlements
12.24 W.24
For facilities with
more than 5 guest
rooms
12.24 W.24
For facilities with
more than 5 guest
rooms (see note #9)
12.24 W.24
For facilities with
more than 5 guest
rooms
(see note #9)
Guest rooms
only
12.21 A.4.(d)(5)
(see note #8)
Dwelling
units or guest
rooms
12.21 A.4.(d)(5)
(see note #7 & 8)
Eldercare Facility
(see note #1)
Depending on
the type of
residential
housing
provided (see
note #3 and/or 4
per above)
Dwelling
units or guest
rooms (see
note #6)
12.21 A.4.(d)(5)
(see note #8)
Senior Independent
Housing
Dwelling
units only
12.21 A.4.(d)(5)
(see note #7 & 8)
Guest rooms
only
12.21 A.4.(d)(5)
(see note #8)
Dwelling
units or guest
rooms
12.21 A.4.(a) or
(b)
Dwelling
units or guest
rooms
12.21 A.4.(a) or
(b)
Dwelling
12.21 A.4.(a) or
12.24 W.24
For facilities with
more than 5 guest
rooms
12.24 W.24
For facilities with
more than 5 guest
rooms
(see note #9)
12.24 W.24
For facilities with
more than 5 guest
rooms
(see note #9)
12.24 W.24
pg. 301
#3)
units or guest
rooms
Boarding House
Retirement Hotel
No (see note #4
& #5)
One dwelling
unit and not
more than
five guest
rooms
Dwelling
units and/or
more than
five guest
rooms
(b)
residential uses
12.21 A.4.(a)
and/or (b)
12.21 A.4.(a)
and/or (b)
12.24 W.24
For facilities with
more than 5 guest
rooms (see note #9)
NOTES:
1. These facilities shall be licensed by the California Department of Social Services
2. These facilities shall be licensed by the California Department of Health.
3. Accessory services permitted on site include but are not limited to the following: Common dining, cleaning service, recreational facilities, medical
clinic, assistance or medical help, medication by staff, regular nurse supervision, doctor visits, counseling and referral facilities. If those services are
provided to persons other than the residents of the facility, the use must be permitted by the Zone and additional parking shall be provided for each
use.
4. Accessory uses or services for the residents of the facility are permitted such as recreation facilities, cleaning services, or leasing office.
5. Except in the R4 Zone, incidental business serving the residents of the facility only are permitted when the business is conducted within the main
building, the entrance to the business is from the inside of the building, and no sign advertising such business is visible from outside of the building.
6. A minimum of 75 percent of the floor area, exclusive of the common areas, shall consist of Senior Independent Housing and/or Assisted Living Care
Housing. The remaining 25% can be used for Alzheimers/Dementia Care Housing and/or Skilled Nursing care Housing which allow medical
services.
7. For any facilities occupied by Disabled persons, further parking reduction may be permitted under 12.21 A.4.(u) with conditions or 12.24 W.38 with
ZAs approval.
8. For bicycle parking requirement, use Institutional Uses per Table 12.21 A.16.(a)(2).
9. Any uses above could be considered as a transient occupancy residential structure when the duration of stay is less than 30 days and the residential
building is used for one or more dwelling units OR a combination of - 3 or more dwelling units + not more than 5 guest rooms or suites of rooms. (A
building with more than six guest rooms is classified as a Hotel; therefore, Entitlement is required per 12.24W.24 regardless of the stay duration).
The Zoning Code may be accessed at http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:lapz_ca
pg. 302
Section 16.03
Q -
A-
b)
Work must be completed within two years of obtaining a permit for reconstruction.
c)
In the event of reconstruction, the footing may not encroach into any areas needed for
street dedication as determined by City Planning upon recommendation by Public
Works.
d)
Work subject to the South Central Alcoholic Beverage Specific Plan, (ZI 1231) must
comply with those requirements. Other repair or reconstruction work is exempt from
any other ICO, IPRO, or Specific Plan.
e)
Work in buildings subject to the Hillside Ordinance need only comply with paragraphs
12.21A17(d) and (e) regarding Fire Protection and Street Access respectively.
f)
Work in designated Historical buildings or work within HPOZ areas must comply with
applicable requirements and clearances.
g)
Extent of demolition work within a building must be limited to only that portion
damaged by the disaster that needs reconstruction. Undamaged portions or the entire
building may be demolished and rebuilt to its nonconforming status only when:
1)
pg. 303
Zoning Manual
2)
The cost of repair exceeds 50 % of the replacement cost of the building, not
including the value of the foundation.
Any demolition permits issued pursuant to this provision must clearly state that
"Building damage due to earthquake (or flood, fire, etc.) exceeds 50% of its
replacement value (excl. foundation). Nonconforming rights are maintained per Sec.
16.03A."
h)
Commercial buildings in residential zones are subject to removal within the time limits
specified in 12.23A6 and 12.23B1. This ordinance does not extend the time periods.
i)
Conditional Uses must go through the Zoning Administrator approval process per
12.24 except that the following uses are exempt provided the buildings containing
such uses are rebuilt as they originally existed with the same footprint and height:
Airports, Correctional Institutions, Educational institutions, Governmental
enterprises(libraries, museums, fire and police stations etc.), Piers, jetties, man-made
islands and floating installations, Public Utilities and public service uses and
structures, Elementary or High Schools, Electric power generating sites, OS Open
Space uses, Child care or nursery facilities, Churches and Hospitals or sanitariums.
The following Conditional Uses are not exempt and must fully comply with all
current applicable provisions: Establishments dispensing alcoholic beverages, swap
meets, gun shops, pawnshops and automotive repair establishments.
Minor repair work does not need to be referred to the Z.A.'s office. Any repair or
reconstruction work that involves demolition and/or replacement of a buildings roofed
areas must be sent for Plan Approval clearance in accordance with Section 12.24M.
j)
Buildings in the Coastal Zone may be repaired without a coastal permit provided a
clearance for construction in the coastal zone is obtained from the Department of City
Planning.
pg. 304
Zoning Manual
Section 16.05C
Q -
Are projects of 50,000 sq. ft. or less subject to a Site Plan Review?
A-
pg. 305
Zoning Manual
Section 16.05C
Exemption from
Condominiums
Site
Plan
Review
for
Q - Site Plan provisions require that any development of 50 or more dwelling units or
guest rooms or any combination thereof obtain Site Plan Review approval. Is such an action
required for a condominium or apartment project which has received Tentative approval as a
condominium by the Advisory Agency?
A-
No. The Director of Planning has determined that a separate Site Plan Review is not
necessary for a condominium project since the Department of City Planning has already
made a prior discretionary action on the project which has taken into account the impact the
project will have on the environment.
For apartment projects that have been tentatively approved for condominiums but the
applicant is requesting a permit as apartments, Site Plan Review will not be required when all
of the following conditions are met:
1.
2.
City Planning's Site Plan Unit approval prior to the issuance of the permit is obtained.
Certificate of Occupancy cannot be issued if the conditions of approval are not met.
3.
All conditions resulting from any necessary Design Review Board action filed through
the Department of City Planning are complied with.
4.
A covenant approved by City Planning agreeing to comply to the above has been
recorded by the applicant. Covenant must then be attached to the plans.
pg. 306
Zoning Manual
Q-
These Sections require new tentative subdivision maps to comply with the applicable
zoning requirements and to comply with the minimum lot width and area required by the zone
of the property. How are these requirements applied when the proposed subdivision involves
one lot of substandard width and/or area that is legally nonconforming?
A-
The above code Sections refer to subdivisions of land that create lots or relocate
property lines. A condominium subdivision allows individual ownership of a unit or air rights
but does not rearrange property lines nor create new lots. A legal residential lot
nonconforming as to width or area will retain its nonconforming rights and may be developed
as per Section 12.23E. Other requirements such as density, parking, and open space must
be addressed.
Apartment buildings nonconforming as to density that are converted to Condominium
and are also nonconforming as to parking or area/height regulations will require discretionary
action by City Planning prior to recordation of map.
This interpretation applies when the existing boundary lot lines are not changed. If
Highway Dedication is required further reducing the area of the lot, a variance will be
required prior to recordation of the map.
(ZAI 93-0228)
pg. 307
Zoning Manual
Section 17.50B3
Parcel Map
approval.
Exemptions
Conditions
of
Q -
Since Parcel Map Exemptions are not recorded with the County Recorder's office (as
required for Tract Maps and Parcel Maps), how can it be verified that all conditions for
approval have been met and that all Parcel Map Exemption proceedings have been
completed?
A-
A Parcel Map Exemption is a division of land that adjusts a common property line
between two or more lots. The mere indication on a map of a P.M.Ex. number on a lot does
not necessarily indicate that all conditions have been met and that the process has been
finalized.
In all cases, new deeds must be recorded for all of the lots involved using the new
legal description. These documents are approved by City Planning for recordation. Along
with new deeds, lot tie affidavits approved by City Planning, must also be recorded. In recent
times, however, City Planning has substituted the lot tie affidavit requirement for a Certificate
of Compliance.
Either document, as approved by City Planning, is acceptable as proof that the Parcel
Map Exemption was approved and all conditions were met. As it is normally the case, the
corresponding affidavit or C. of C. numbers are then entered on the appropriate map. In
cases where there is an indication of a PMEX but no lot tie affidavits or C. of C. numbers
have been entered, the PMEX. must be assumed to be invalid. At this point the applicant can
be directed to City Planning so that the required documents for each of the involved lots can
be generated and entered on the map.
(Z.E. memo 2-17-93 and 6-3-96)
pg. 308
Zoning Manual
Section 17.50B3
Parcel
Map
description.Error! Bookmark not defined.
Exemptions.
Legal
Q -
What is the correct legal description to be used on a building permit when lot lines
have been realigned by a Parcel Map Exemption (PMEX)?
A-
A PMEX is a lot line adjustment that does not become effective until Lot Tie Affidavits
and new Grant Deeds (approved for recording by City Planning) or Certificate of
Compliances are recorded for each of the involved lots. The legal description in those
documents is NOT in the form of: "Parcel ......of PMEX....... ", instead, it is a metes and
bounds description. The description indicated on a permit application must match that shown
on the recorded documents.
(Z.E. memo 2-17-93)
pg. 309
Zoning Manual
Section 18.00
Private Street
Driveways.
Regulations
Community
pg. 310
Zoning Manual
Section 18.00
Q-
A vacant lot zoned for single family use fronting on a Private Street is proposed to be
developed with a one family dwelling. The approved private street traverses the lot as
illustrated in Figure No. 68. How are the setbacks interpreted? Are two separate lots
created? If so, can each lot have a single family dwelling?
A-
In general, the yard and area requirements for such lots are applied in the
same manner as lots adjoining public streets. However, in some cases the construction of a
private street necessitates the traversing of a lot. To justify such arrangements, it must be
remembered that a private street is a private road easement which has been determined to
provide the required street access and frontage to a lot(s).
The intent of a
traversing private street is
not to create two separate
lots but to provide adequate
and safe vehicular access
(for police, fire, sanitation
and public service vehicles)
including supply of water for
domestic and also fire
fighting
purposes.
Such
resulting portions of a lot
should be taken as the
equivalent
of
a
lot
intersected by a driveway,
i.e. no separate buildable
lots are created. Therefore
only one single family
dwelling may be built on the
lot.
Figure No. 68 indicates how
such a lot may be developed
and how yards may be
determined. Other layouts
may be possible so long as
they are within the spirit and
intent of the code.
(ZI 1525)
pg. 311
Zoning Manual
Section 18.00
Q -
What are the required yards a main residential building must observe when lot is on a
private street?
A-
Lots adjacent to a private street are entitled to use such private street in order to
provide the required frontage and access. Additionally, Section 18.00A requires lots or
building sites which abut a private street to conform to the minimum requirements of the code
before a permit can be issued.
In light of the above and inasmuch as the code has no specific language, the
Department has long required all yard and building location requirements found elsewhere in
the code, to be observed for any project adjacent to a private street. The private street is then
treated as a public street.
Prior to the issuance of a building permit, approval from City Planning pursuant to
Section 18.10 must be secured. City Planning approval is not required when the private
street was approved in conjunction with a recorded subdivision map or on a file record of
survey for the subject lot. (Section 18.00B)
(V.N. Zoning Manual 6-2-67)
pg. 312
Zoning Manual
Section 18.00
Q -
Should properties which have access via Private Road Easements obtain approval
from the Director of Planning for subsequent alteration and/or addition permits for lots
previously developed with a still-existing single family dwelling?
A-
Yes. Since often times these new requests for permits occur several years after the
original structures approval, the Director of Planning may not have taken into consideration
future alterations to the property that may have an impact on the Private Street access All
such permits shall be further reviewed by the Deputy Director of Planning prior to issuance.
(D.O.P. memo 10-17-89)
pg. 313
Zoning Manual
Section 18.10
Q -
This code Section requires the Department of City Planning to certify in writing to the
Department of Building and Safety that any Private Street conditions have been met before
a permit can be issued "...for the erection of buildings on lots or building sites which are
contiguous to private streets or private road easements...". Does this requirement apply to
accessory buildings and additions to existing buildings?
A-
Yes, the Department of Building and Safety has been asked by the Department of City
Planning to refer all applicants for permits for new dwellings, additions or accessory buildings
on sites that have access from a private street or a private road easement to that Department
for clearance. Clearance will be required even for sites that have a previously approved
private street or private road easement.
(P.C. Chief memo 11-21-89)
pg. 314
Zoning Manual
Section 43.30
Fortune Telling
Q -
Section 43.30 of the Los Angeles Municipal code currently prohibits the advertising of
possession of occult or psychic powers such as those that are involved in fortune telling,
palm reading, numerology, prophecy, spiritual communication, etc. The Code further
prevents a person from engaging in a business for which advertisement is prohibited. Does
LADBS enforce this provision?
A-
In 1985 the State of California Supreme Court, in the case of Spiritual Psychic
Sciences Church of Faith vs. The City of Azusa declared a similar ordinance prohibiting
fortune telling as unconstitutional.
The City Attorney for the City of Los Angeles has advised that Section 43.30 should
not be enforced. Consequently, business license requests and other permits for "fortune
telling" and similar uses cannot be denied on grounds of Section 43.30. The use will be
considered as an office for Zoning and Building Code enforcement purposes.
(Z.E. memo 10-13-93)
pg. 315
APPENDICES
INFORMATION BULLETINS
Appendix-1
Appendix-2
Appendix-3
Appendix-4
Appendix-5
Appendix-6
Appendix-7
Appendix-8
Appendix-9
Appendix-10
pg. 316
Index
Obstructions
259
Parking permitted
258
Accessory Building.
Definition.
Height
218
215
217
Size limit.
21
Definition
214
Accessory Use
Community- oriented in churches
Home classes
219
In Hotels
150
Pigeon Keeping
Additions to Nonconf. Buildings
Adjoins
Adult Day Care
25
264, 265
231
9, 14
Adult Entertainment
Definition
295
296
Where permitted
298
89
Alley, substandard
296
Driveway access
168
American Flag
Display
Antenna
Conditional Use
Antennas
281
220
150
Auditorium
A spectator attraction
Auto Part Sales- Used
146
85
Auto Repair
Change of activity
272
Deemed-to-be-approved
272
Definiton
275
In M-1 zone
102
94
Parking location
155
95
104
173
88
82
Basement
With habitable rooms
211
Basement Walls
Effect on building height.
Bath houses
Bathroom facilities in rec. room
22
296
43
180
92
Additions
270
194
8
66
91
Bingo Parlors
Parking
151
Bird Keeping
25
Bowling Alleys
Parking
146
Breezeway
Construction
256
Buildable Area
Comm/ Res. mixed use
Future streets
In Multi- zone Lots
Mixed uses
11
12, 294
53
229
Building
Connection
Definition
197, 256
38
Building Line
Purpose
289
Underground construction
289
Building Lines
Projections
238, 288
224
252
Car Wash
Conditions of Operation
93
37
Catering Trucks
Regulations
282
Child Care
Foster Family
14
296
Up to 20 Children
Church
Parking requirements
Classes at Home
152
6
Clinics
Parking
Communication Receiving Facilities
149
281
16
14
156, 309
158
Compact Stalls
Parallel parking
Per parking area
163
164, 167
Conditional Use
Auto Repair
275
275
Deemed-to-be-Approved
273
Expansion of use
273
306
Condominiums
Site plan review
305
109
197
198
232
232
CRA Parking
161
107
Day Care
Accessory to a Church
9
296
Adults
Decks
Constructed within yard
249
Deemed to be Approved
Conditional use
Density
273
230
292
292
Destroyed
Definition
228
Disaster
Reconstruction after
302
Division of Land
Condo. projects
306
Dog Keeping
Maximum number
26
46
Driveway
Community
156, 309
169
Driveway Regulations
204
271
Eldercare Facilities
299
14
Electrical Transformers
Projection into yards
End Parking Stall
252
166
Enlargement
Definition
267
296
161
Equinekeeping Uses
Distance to Residential Buildings
214
Equinekeeping uses.
Proposed structure
212
Equinekeeping usues
Distance to existing dwelling
212
Family
Definition
Federal Credit
13, 18
100
Fence Height
At tennis courts
260
205
254
Fences
Admin. modifications
285
177
Hedges as fences
255
96, 105
Fire Sprinklers
Waiver- Hillside Ordinance
185
Flag Pole
Accessory use
36
51
109
39
Fortune Telling
314
80
296
Front Yard
Adjoining a "Project Building"
240
62
63
239, 294
80
204
60
Raised grade
254
Sloping Lot
241
201
203
Subdivision defined
200
Frontage
Definition
59
Furniture Stores
Second-hand in C-2 zone
85
Future Streets
Buildable area & yards
Buildable area calculation
Game Courts
294
12
262
159
140, SeeServiceStation
34
Grade
Built-up pad
Definition
Height measurement
Natural
252
23
23, 221
253
Grade, raised
In front yard
254
8
296
Group Home
Up to six clients
14
Guest House
Definition
21
Guest Room
Conditions
Habitable Basements
21
211
Habitable Room
Kitchen
44
Halfway House
274
255
220
At excavated areas
23
22
Grade measurement
221
Hillside Ordinance
184
In steeper terrain
224
23
53
Retaining walls
22
Stepped building
45
Highway Dedication
Effect on front yard
239
292
292
Substandard lot
290
292
Hillside Ordinance
Allowable height
184
Fire sprinklers
185
181, 182
193
Newer subdivisions
193
296
Slope of a lot
184
Small additions
194
Street improvements
191
Street width
191
Hillside Regulations
Additions and alterations
195
Driveway access
186
181, 182
Hillside Street
Setbacks
196
Home Classes
Horse Keeping
212
Hotels
Parking required
150
Hotels in R5 zone
Incidental buisnesses
Juveniles, Housing
69
17
Karaoke
Parking required
145
Kennel
Definition
26
Kitchen
Definition
Land- locked Parcels
Landscape of Front Yard
3
27
204
Lot
Double key lot
63
Land- locked
27
Lot Area
After highway dedication
292
292
Lot Cuts
Applicable dates & requirements
28
Establishing legality
29
296
307
80
34
Lot Tie
Affidavit Use of lans
286
206
Use of land
286
When required
33
Massage Parlors
Definition
295
Mechanical Lifts
Used for parking
172
Medical Office
Definition
72
Parking
149
161
36, 143
235
36
Residential Uses
233
233
Service Stations
Signs
37
236
237
233
Residential uses
233
29
Buildable area
229
233
Mobile Homes
Defined
68
Multi-Media
99
Multi-Zone Lots
Advertising signs
71
Code applicability
53
235
Uses
219
SeeGrade
253
39
Non-conforming Building
"Big House" additions
270
266
Definition
38
Enlargement
267
Front yard
268
271
Substantial alterations
263
264
Nurseries
In the RA zone
58
Nurseries, plants
Floor area
39
In A1 & A2 zone
56
227
Open Dining
Outdoor eating
128
When permitted
40
Open Sales
296
Walk-up window
97
Open Spaces
Admin. modifications
284
76
79
94
94
102
Open Uses
Use or land
285
Outdoor Dining
Parking requirements
When permitted
Paddle Tennis
128
40
262
163
Side obstructions
165
Parcel Map
Not a "Subdivision"
200
307
Defined
307
Legal description
308
94
Parking
Accessory areas inculded
110
150
173
44
180
296
Bingo parlors
151
Bowling alleys
146
Change of use
107
153
Churches
152
117
Compact stalls
164, 167
CRA
107
161
164, 167
Fence construction
178
Fence requirement
177
Gas stations
140
118
107
Karaoke
145
44
155
Mechanical lifts
172
Medical services
149
237
Non-conforming layouts
162
Non-conforming rights
127
Outside of city
154
163
Paving
175
R-2 zone
129
Residential Buildings
125
128
147
109
Service stations
140
Skating rinks
146
Special Plan
109
296
Stall width
164, 165
Striping
174
Tandem
170, SeeTandemParking
Tandem layout
171
Parking Access
Substandard vehicles
168
159
125, 160
Parking History
Residential buildings
118
Parking Layout
Apartments and condominiums
164
End stall
166
Side obstructions
165
175
Parking Permitted
Within 30
258
Parking Spaces
Calculation
110
165
164
56
Parochial Schools
Accessory to a church
Passageway for Residential buildings
9
208
Passageway to Street
Old Venice District
210
Passageway Width
Habitable basements
211
Patio Covers
Permitted in yard
218
296
Paving
Front yards
Paving of Parking Areas
Pigeon Keeping
204
174
25
Pool Hall
Definition
91
Where permitted
91
Pool, Swimming
In front yard
Poultry Sales
205
84
Prevailing Lots
Sloping lots
241
Prevailing Setback
Additions
268
Calculation
60
Frontage
59
Sample Calculation
60
312
Private Street
Planning approval
313
Setbacks
312
Yard setbacks
311
Private Streets
Traversing a lot
310
Projecting Building
Created by Highway Dedication
239
240
Projections
Breezeway
256
Building line
288
Building lines
238
249
DWP Transformers
251
181, 182
296
254
314
57
251
226
288
Purple Streets
Accessory building
215
Q Condition Prefix
Significance
R.V. Parking
287
204
R-2 Zone
Parking
129
RA Zone
Farming
Race Tracks in C-2 Zone
58
92
281
254
67
Reatail Use
Definition
Rebuilt Auto Parts
83
98
Receiving Facilities
TV, Radio, etc.
Reconstruction after Disaster
281
302
57
Residential Buildings
Proximity to equine uses
214
17
296
14
17
18
18
18
Types of uses
17
16
Residential Vehicle
Definition
Restaurants in Hotels
228
69
Retaining Wall
Defintion
In front yards
22
249
217
Roof Connection
to form one building
Rooftop Guardrails
197
225
School, Parochial
Accessory uses
103
Second Dwelling
278
Second-Hand Stores
C1.5 zone
78
C-2 zone
85
C-4 zone
98
Senior Housing
299
Service Station
Conditional use not required
In mini-shopping centers
275
37
Parking Required
140
Services performed
275
296
Shelter, temporary
Dwelling destroyed
Shower in a Recreation Room
Side Yards
Hillside Ordinance
228
43
64, 66
183
66
Signs
55
71
237
236
198
199
305
304
Skating Rink
Parking
Sloping Lot- Front Yard
Solid Fence Enclosure
Stadiums in C-2 Zone
State Code References
State-licensed Residential Facility
146
241
96, 105
92
149
14
Stepped Building
Number of stories
45
Storage Building
In C-2 Zone
Storage of Tow Trucks
87
7
Storage Space
In conjunction with retail store
90
Story
Definition
45
296
Determination
46
Habitable Basements
45
Street
Unimproved
175
Street Dedication
Hillside Ordinance
191
292
Substandard lots
290
Street Widening
292
Subdivision
Condominium purposes
306
Defined
200
Substandard Lots
Subjct to Highway Dedication
290
306
277
Swimming Pool
Location
205
Tandem Parking
Maximum number of stacked cars
171
Mechanical Lifts
172
170
Permitted
170
Temporary Shelter
After dwelling destruction
228
Tennis Court
6' high or higher
261
Fence height
261
Located in front
216
Tow Trucks
Accessory Use
Dispatch
95
81
296
Truck Gardening
Definition
Truck Storage in C Zones
58
7, 95
Underground Construction
Over a building line
289
Unimproved Street
Access
175
271
Use of Land
Accessoy uses in more restrictive zone
219
On a vacant lot
285
286
85
Used Furniture
Sales in the C-2 zone
85
78
In C4 zone, exceptions
98
219
Venice District
Streets
47
97
In C4 zones
97
143
93
251
83
296
Wholesale Sales
In C2 zone
89
276
Where permitted
281
Wrecked Automobiles
Definition
101
101
Yard
Method of measurement
50
Yards
"Big House" in R2 zone
66
267
Admin. modifications
284
63
183
62
311
R-2 zone
66
49
2014
296