Notwithstanding any provisions to the contrary contained in this chapter, rooftop dining and rooftop open air dining uses may be permitted subject to the following:
   A.   Rooftop Dining Standards:
      1.   The proposed use complies with the definitions of a "rooftop dining use" and "rooftop open air dining use", as defined in section 10-3-100 of this chapter.
      2.   The proposed use is located on a property in the C-3 Commercial Zone in the business triangle, defined as the area 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. Specific plans and/or overlay zones approved through a planned development that apply to properties located in the C-3 Commercial Zone in the business triangle shall control the allowable use and development of such properties, and shall be separately amended to allow rooftop dining uses.
      3.   Any element of an enclosed rooftop restaurant and/or related unenclosed rooftop structure:
         a.   May not exceed 15 feet above the adjacent roof deck;
         b.   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 street so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected; and
         c.   Has an enclosed floor area total that shall not exceed the lesser of (1) three thousand five hundred (3,500) square feet; (2) fifty percent (50%) of the total floor area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development. Such area shall not be counted towards the floor area limitation otherwise applicable to the property.
         d.   Shall be permanently affixed to the rooftop. This requirement shall not apply to furniture or other typical features in the dining area, but only the enclosed and/or unenclosed structures.
      4.   A landscape buffer is provided along all rooftop edges that face a public street. The landscape buffer shall be permanently affixed to the rooftop, at least forty-two inches (42") in height, and may be comprised of living and/or nonliving plant materials.
      5.   Parking for any indoor restaurant floor area on the rooftop or rooftop open air dining shall be provided pursuant to the requirements for "eating and bar facilities located in the Business Triangle" and "open air dining on private property" in section 10-3-2730 of this chapter. If the rooftop dining use requires more parking spaces than are provided on-site, the requirement for the rooftop dining may be satisfied through the use of off-site parking located within seven hundred and fifty feet (750') of the use site, provided that at a minimum the required parking spaces are secured through a lease that makes such parking spaces available from six o'clock (6:00) P.M. to ten o'clock (10:00) P.M. on weekdays, and during operating hours of the rooftop dining use on the weekends. If off-site parking is used to satisfy parking requirements for the rooftop dining use, valet parking services must also be provided during the time periods stated above and whenever the off-site parking is in use.
      6.   Background music on the rooftop is permitted, as long as the music is not noticeably audible beyond the site property lines. The only form of live entertainment permitted on a rooftop dining area shall be a musical performance by no more than two (2) performers. For purposes of these regulations, a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded selections of music, so long as the live music is not noticeably audible beyond the property lines. Areas where musicians perform may not be located on any raised platform, stage or other mechanism designed to enhance the visibility of the musicians to patrons and may not have any special lighting other than ambient lighting and lighting specifically focused upon and designed to illuminate any sheet music the musicians might use.
      7.   Rooftop dining areas, including any associated bar areas, shall not be accessible to the public unless the restaurant is operating.
      8.   A designated waiting area that is not located on the public right-of-way shall be provided for patrons.
   B.   Rooftop Dining Use Permit. A rooftop dining use that complies with the standards in section 10-3-3107.5 A. of this chapter shall be reviewed and approved, subject to the following review procedures:
      1.   Required Findings.
         a.   The proposed rooftop dining use is consistent with the general plan;
         b.   The proposed rooftop dining use will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;
         c.   The nature, configuration, location, density, height and manner of operation of the rooftop dining use will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; and
         d.   The proposed rooftop dining use will not be detrimental to the public health, safety or general welfare.
      2.   Reviewing Authority. The Director of Community Development or their designee shall be the reviewing authority for all rooftop dining permits, however, if in the opinion of the Director, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission and the Planning Commission shall serve as the reviewing authority for such rooftop dining permit and shall conduct a noticed public hearing regarding the requested rooftop dining permit.
      3.   Notice. Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.
      4.   Restrictions and Conditions. In granting a rooftop dining permit, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the findings required.
      5.   Appeals from Decisions. The applicant or any person aggrieved by any decision of the planning commission regarding an open air dining permit may appeal the decision to the city council. Any decision of the director pursuant to this article may be appealed to the planning commission, and any decision of the planning commission on appeal may be appealed to the city council. Any appeals pursuant to this section shall be pursued in a manner consistent with the procedures set forth in title 1, chapter 4, article 1 of this code, shall be in writing, and shall be received by the city clerk within fourteen (14) days after the date of the reviewing authority's action.
      6.   Pilot Program. In order to ensure that proposed rooftop dining uses are consistent with the intent of this ordinance, the Director of Community Development shall forward the first three Rooftop Dining Permits submitted for review to the Planning Commission. The fee and public noticing for such review shall be consistent with the requirements for a Director-level review. (Ord. 21-O-2843, eff. 10-15-2021)