A. Notwithstanding any provisions to the contrary contained in this title, and subject to architectural review pursuant to article 30 of this chapter, the following rooftop uses may be permitted in accordance with the standards outlined in this section:
1. Rooftop uses in the C-3, C-R, C-3A, and C-3B Zones that exceed the height, story, and/or density limitations otherwise applicable to the development. For the purposes of this subsection A1, rooftop uses shall include gymnasiums, lunchrooms and structures or uses ancillary to such lunchrooms, unenclosed terraces that are ancillary to a gymnasium or lunchroom, and unenclosed architectural features that are not otherwise excluded from the definition of "height of building" in section 10-3-100 of this chapter. Such rooftop uses may be permitted by the Planning Commission provided that as to any such rooftop uses:
a. The Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.
b. The additional height above the maximum height limit otherwise applicable to the development will not exceed fifteen feet (15'). Furthermore, in no event shall the distance between the floor and ceiling of the gymnasium or lunchroom and structures or uses ancillary to such lunchroom exceed fifteen feet (15').
c. The total floor area of the rooftop use shall not exceed the maximum allowable floor area otherwise applicable to the development by more than: 1) three thousand five hundred (3,500) square feet; 2) fifty percent (50%) of the total area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development, whichever is less.
d. The total area of any unenclosed terraces that are ancillary to a rooftop use, or unenclosed architectural features shall not exceed fifty percent (50%) of the total area of the story immediately below the rooftop use.
e. Unless otherwise authorized by the Planning Commission as part of the development plan review, no food service, other than vending machines, shall be provided in connection with the rooftop use.
f. The subject structure provides not less than the minimum number of parking spaces required by this section as of the date when building permits for the structure were issued. In addition, two (2) parking spaces shall be provided for any rooftop gymnasium and additional parking as may be required pursuant to subsection A1l of this section shall be provided.
g. Unless otherwise authorized by the Planning Commission as part of the development plan review, only persons who work in the building or are registered hotel guests shall be permitted to use the rooftop facilities.
h. No admittance or use fees shall be charged for the use of the rooftop facilities.
i. The rooftop uses permitted pursuant to this subsection A1 shall be set back from the front property line or from the required front setback line immediately adjacent thereto, whichever is the more restrictive, so that a forty five degree (45°) angle to such line is not intersected. In addition, all enclosed rooftop structures shall be set back a minimum of five feet (5') from the street-facing facade of the story immediately below.
j. Notwithstanding the provisions of subsection A1i of this section, unenclosed architectural features approved pursuant to this section may intersect a forty five degree (45°) angle to the vertical plane of the nearest outside wall if the Planning Commission finds that such features are architecturally compatible with the building and will not adversely impact the building's scale and massing.
k. Notwithstanding the provisions in the definition of "height of building" in section 10-3-100 of this chapter permitting certain elements to be located above maximum height limits, only those elements required by law to project above the roof deck shall be permitted to exceed the fifteen foot (15') height limit of the structure enclosing the rooftop use permitted herein.
l. The Planning Commission may modify the area limitations set forth in subsections A1c, item 2, A1c, item 3, and A1d of this section, provided that additional parking is provided for such rooftop uses. The amount of additional parking required shall be established by the Planning Commission as part of the development plan review.
m. A landscape plan is required to be submitted as part of the development plan review application for a rooftop use.
2. Rooftop uses in the City's commercial zones that do not exceed the height, story, and density limitations otherwise applicable to the development. For the purposes of this subsection A2, rooftop uses shall include gymnasiums, lunchrooms and structures or uses ancillary to such lunchrooms, and unenclosed terraces that are ancillary to a gymnasium or lunchroom located above the top story of the building. Such rooftop uses may be permitted by the Planning Commission provided that as to any such rooftop uses:
a. The Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.
b. The total floor area of the rooftop use shall not exceed: 1) three thousand five hundred (3,500) square feet; 2) fifty percent (50%) of the total area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development, whichever is less.
c. The total area of any unenclosed terraces that are ancillary to a rooftop use, or unenclosed architectural features shall not exceed fifty percent (50%) of the total area of the story immediately below the rooftop use.
d. Unless otherwise authorized as part of the development plan review, no food service, other than vending machines, shall be provided in connection with the rooftop use.
e. The subject structure provides not less than the minimum number of parking spaces required by this Code as of the date when building permits for the structure were issued. In addition, two (2) parking spaces shall be provided for any rooftop gymnasium and additional parking as may be required pursuant to subsection A2i of this section.
f. Unless otherwise authorized as part of the development plan review, only persons who work in the building or are registered hotel guests shall be permitted to use the rooftop facilities.
g. No admittance or use fees shall be charged for the use of the rooftop facilities.
h. Unless otherwise authorized as part of the development plan review, the rooftop uses permitted pursuant to this subsection A2 shall be set back from the front property line or from the required front setback line immediately adjacent thereto, whichever is the more restrictive, so that a forty five degree (45°) angle to such line is not intersected.
i. The Planning Commission may modify the area limitations set forth in subsections A2b, item 2, A2b, item 3, and A2c of this section, provided that additional parking is provided for such rooftop uses. The amount of additional parking required shall be established by the Planning Commission as part of the development plan review.
j. A landscape plan is required to be submitted as part of the development plan review application for a rooftop use.
3. Rooftop uses in that portion of the C-3 Zone, known as the business triangle, bounded to the northeast by the alley parallel to and northwest of Crescent Drive, to the southwest by the north side of Wilshire Boulevard and to the northwest by Santa Monica Boulevard north roadway, that exceed height, story and/or density regulations otherwise applicable to the development. Such rooftop uses may be permitted by the Planning Commission provided that as to any such rooftop uses:
a. The rooftop use is not an office, storage use, or a restaurant use unless such use is a rooftop dining or rooftop open air dining use in the business triangle approved and permitted pursuant to section 10-3-3107.5 of this chapter.
b. The Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.
c. In addition to the findings set forth in section 10-3-3104 of this chapter, the Planning Commission finds that the proposed rooftop use will be of such limited intensity, frequency and/or duration so as not to significantly and adversely impact traffic and circulation in the surrounding area.
d. The additional height above the maximum height limit otherwise applicable to the development shall not exceed fifteen feet (15').
e. The floor area ratio of the building shall not exceed two to one (2:1). However, if the floor area ratio of the building exceeds two to one (2:1) prior to the establishment of a rooftop use, then the rooftop use may be established if a portion of the existing building is removed or converted to a use which is not calculated as "floor area" as defined in section 10-3-100 of this chapter so that there is no net increase in the existing floor area of the building.
f. The combined area of the rooftop use and the area designated for mechanical equipment does not exceed fifty percent (50%) of the total area of the story immediately below.
g. The additional structure shall be set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public right-of-way so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected.
4. Rooftop unenclosed terraces and unenclosed architectural features located in the C-3, C-R, C-3A and C-3B Zones that are: a) not ancillary to a gymnasium or lunchroom; and b) that are not otherwise excluded from the definition of "height of building"; may be permitted by the Director of Community Development, or may be forwarded by the Director to the Planning Commission for consideration, provided that as to any such unenclosed rooftop uses:
a. The Director of Community Development or Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.
b. Unless otherwise authorized by the Planning Commission, the total area of the unenclosed terraces and unenclosed architectural features shall not exceed fifty percent (50%) of the total area of the story immediately below the unenclosed rooftop use.
c. Unless otherwise authorized as part of the development plan review, no food service shall be provided in connection with the unenclosed terraces and unenclosed architectural features.
d. Unless otherwise authorized as part of the development plan review, only persons who work in the building or are registered hotel guests shall be permitted to use the unenclosed terraces and unenclosed architectural features.
e. No admittance or use fees shall be charged for the use of the unenclosed terraces and unenclosed architectural features.
f. Unless otherwise authorized as part of the development plan review, the unenclosed rooftop uses permitted pursuant to this subsection A4 shall have a seventy two inch (72") tall barrier, with the use of transparent material required above forty five inches (45") in height, for any building side located within five feet (5') of a public street or facing any residentially zoned property.
g. Unenclosed architectural features permitted pursuant to this subsection A4 shall be set back from the front property line or from the required front setback line immediately adjacent thereto, whichever is the more restrictive, so that a forty five degree (45°) angle to such line is not intersected.
h. A landscape plan is required to be submitted as part of the development plan review application for a rooftop use.
B. In approving an application for a rooftop use, the Planning Commission may impose such conditions as it deems appropriate, including, without limitation, a condition that requires the subject property owner to record a covenant that a rooftop facility shall only be used for the specific use proposed, and requiring the applicant annually to attest at the time of application for or renewal of its City business license that the rooftop facility is only used for the specific use permitted. (Ord. 17-O-2733, eff. 6-16-2017; amd. Ord. 21-O-2843, eff. 10-15-2021)