§ 17.220.025 PERFORMANCE STANDARDS FOR MIXED USE ZONES.
A.   General Performance Standards. Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, noxious, fire, explosive, or other potentially objectionable condition, hazard, or public nuisance that would adversely affect the surrounding area per the standards below. Public nuisances may be enjoined or otherwise abated by the City in the manner described in CCMC Chapter 9.04: Nuisances and any other applicable provision of State or local law.
   1.   Dust control and soil erosion. Any ground or soil disturbance due to excavation, grading, building construction, removal of vegetation, or other similar acts shall adequately and effectively control dust and limit soil erosion. Dust and other types of air pollution, borne by the wind from sources such as storage areas, yards, roads, conveying equipment, and the like on the lot, must be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.
   2.   Air contaminants. Uses, activities, and processes shall not operate in a manner that emits excessive dust, odor, fumes, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District (SCAQMD). The City shall consult, when appropriate, with SCAQMD to determine which uses shall be equipped with emission-control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by SCAQMD prior to issuance of a building permit or other approval authorizing construction activities. All devices shall be maintained by the owner.
   3.   Heat, light, and glare. Any existing or proposed use or portion thereof that creates heat, light, or glare that constitutes or may be considered a nuisance or hazard on any adjacent property, such as use of arc welders or furnaces, security lighting or spot lights, or reflecting building materials or water features, or similar equipment, shall shield or control all sources of heat, light, or glare in such manner as will prevent the issuance, continuance, or recurrence of the disturbing emissions. Heat emitted by a use shall not cause a temperature increase of more than five degrees Fahrenheit on an adjacent property.
   4.   Electromagnetic disturbances and radiation. Any existing or proposed use or portion thereof that can or may generate any electrical disturbances or produce any electromagnetic or radioactive emanations that can or may be considered a nuisance or hazard shall shield or control the source of the electrical or radioactive emanations in such manner as will prevent the issuance, continuance, or recurrence of any hazardous or disturbing emanations. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.
   5.   Odors. No noxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
   6.   Noise and vibration.
      a.   Noise. Any existing or proposed use or portion thereof that can or may generate noise that constitutes or may be considered a nuisance or hazard on any adjacent property, shall control the source of the noise in such manner as will prevent the issuance, continuance, or recurrence of any hazardous or disturbing emanations. All existing or proposed uses and activities shall conform to the Noise Element of the General Plan and CCMC Chapter 9.07: Noise Regulations. All construction activity shall conform to CCMC § 9.07.035 (Construction).
   7.   Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.
   8.   Waste.
      a.   Discharge. Waste and hazardous liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with all Federal, State, and local regulations.
      b.   Containment. Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including but not limited to paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way that cannot be tracked or carried by wind off-site.
   9.   Hazardous waste and materials. Uses, activities, and processes involving the use, storage, or disposal of hazardous and extremely hazardous materials shall be regulated and monitored according to standards established by the United States Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC), the LA County Department of Public Health, and the City of Culver City Fire and Building Codes. See also CCMC Chapter 9.03: Health, Sanitation, and Hazardous Materials.
   10.   Fire and explosive hazards. Materials that present potential fire or explosion hazards must be transported, stored, and used only in conformance with all applicable Federal, State, and local regulations. Uses, activities, and processes involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices, adequate firefighting and fire suppression equipment, and devices standard in the industry, except as otherwise provided by applicable fire codes. No use shall store or process flammable or explosive materials more than the quantities exempted by the Building Code, unless a permit has been granted by the Fire Department. All incineration is prohibited with the exception of substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity.
   11.   Maintenance of required facilities. All physical facilities required in this Chapter, such as buildings and structures, paving, fences, walls, and landscaping, shall be kept and maintained in a neat, clean, orderly, operable, and usable condition.
B.   Mixed Use Performance Standards. The purpose of this section is to ensure that residential uses in mixed use projects and buildings are not adversely impacted by adjacent commercial or industrial uses, including but not limited to traffic, noise, light, and safety impacts.
   1.   Applicability. The following performance standards shall apply to non-residential uses in mixed use developments within the city.
   2.   Hours of operation. The hours of operation for non-residential uses in mixed-use developments shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. daily, unless modified by an administrative or conditional use permit.
   3.   Nuisances and limitations on use.
      a.   No commercial use, activity, or process shall be operated in an objectionable manner due to fumes, noxious odor, dust, smoke, gas, noise, or vibrations that may be detrimental to any other uses and occupants on the same property.
      b.   Any activity or use as determined by the Director not to be compatible with residential uses and/or to have the possibility of affecting the health or safety of residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or create a hazard because of materials, processes, products, or wastes, shall not be permitted within any mixed use development or mixed-use zoning district. This includes, but is not limited to, storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use and welding, machining, or open flame work.
   4.   Noise and vibration. All residential units shall be designed to minimize adverse noise impacts from non-residential uses and shall comply with the maximum levels in the Noise Element of the Culver City General Plan and CCMC Chapter 9.07: Noise Regulations. Proper design may include, but shall not be limited to, building orientation, double glazed windows, wall and ceiling insulation, and orientation of vents. Residential and live/work units shall be constructed to minimize the transmission of noise and vibration with a minimum impact insulation class (IIC) of 60 for all residential and live/work walls, floors, and ceilings.
   5.   Access and security.
      a.   Shared elevators shall have security code access for residents to reach residential floors and to use the elevators during late evening and early morning hours. Security code access is not required for live/work access areas. Separate commercial and residential elevators are encouraged.
      b.   Residential units shall be designed to ensure the security of residents through the provision of separate and secured entrances and exits that are directly accessible to parking areas. Where residential units are in the same structure as a non-residential/commercial use, access to residential units shall be from a secured area or entrance located on the ground floor. Non-residential and residential uses located on the same floor shall not have common entrance hallways or common balconies. Shared or common residential entrances shall automatically lock upon closing.
   6.   Air quality and odors. All residential units shall be designed to minimize adverse impacts from mechanical equipment and operations of non-residential uses on air pollutant emissions and odors. Odors released from any operation or activity shall not exceed detectable concentration beyond lot lines, measured at any location on the lot lines. Non-residential uses with attached residential units shall provide state-of the-art ventilation systems to prevent odors from penetrating residential units. This includes the provision of grease interceptors and venting shafts for cooktops, ovens, and other food heating equipment for mixed-use buildings with ground-floor commercial space. Ground floor commercial vents for restaurants or other food production related businesses may not be located directly below residential uses. Residential and live/work units shall be designed to allow for cross-ventilation and have high quality HVAC systems, to the extent feasible.
   7.   Parking access. Parking access and circulation design shall minimize vehicle circulation through residential neighborhood streets.
   8.   Utilities, equipment, service, and loading areas.
      a.   Utilities, equipment, service, and refuse areas shall be designed and located per the standards in § 17.300.035.C. (Utilities, Equipment, Service, Loading, and Refuse Areas).
      b.   Commercial loading and outdoor storage.
         i.   Commercial loading areas and outdoor storage areas shall be designed and located away from residential units and shall be screened from view at ground level from the residential portion of the project and from adjacent residential developments. See additional location and screening standards in § 17.300.035.C. (Utilities, Equipment, Service, Loading, and Refuse Areas) and § 17.400.080 (Outdoor Storage).
         ii.   Loading, unloading, and all service and maintenance activities shall be conducted within the hours of operation noted in § 17.220.025.B.2. (Hours of operation) to minimize noise and other negative impacts on residential uses.
   9.   Refuse and recycling.
      a.   Refuse and recycling shall be designed and located per the standards in § 17.300.035.C.3. (Refuse and recycling).
      b.   Separate refuse areas. The residential units shall maintain a separate refuse and recycling storage area from that used by the non-residential uses. It shall be clearly marked for residential use only and use by non-residential uses is prohibited.
   10.   Lighting. Lighting for non-residential uses shall be appropriately designed, located, and shielded to ensure that it does not negatively impact the residential units in the development or any adjacent residential uses and shall comply with § 17.300.040 (Outdoor Lighting). Adequate lighting shall be provided adjacent to sidewalks and other public spaces to preserve the amenity and safety of those spaces for nighttime pedestrian use.
   11.   Covenant. A City-approved covenant shall be executed by the owner of each residential unit within a mixed use development for recording in the land records of Los Angeles County, and shall include statements that the occupant(s) understand(s) and accept(s) he/she is living in a mixed use development, and that commercial activities are permitted pursuant to the regulations of the CCMC. If the project includes rental residential units, the project owner shall execute such covenant and a copy of the recorded covenant shall be provided to each new occupant of the rental units.
(Ord. No. 2024-006)