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A. Purpose. This Section provides standards for the development of new live/work and work/live units and for the reuse of existing commercial and industrial structures to accommodate live/work or work/live opportunities. Live/work and work/live units are intended, but not required to be occupied by business operators who live in the same structure that contains the commercial activity or industry.

1. A live/work unit refers to a space in which the predominant use is residential, and commercial activity is a secondary use. Live/work being predominantly live-oriented, the quiet enjoyment expectations of the neighbors in the building or adjacent buildings take precedence over work needs of the unit in question. Live/work is less likely to accommodate walk-in trade due to the intensive impact of customers upon what is intended primarily as a residence.

2. A work/live unit refers to a space in which the commercial activities are the predominant use and the residential component is a secondary use. Work/live being a predominantly work-oriented, more intense occupancy, is more likely to accommodate greater noise generation, mechanical, musical, or otherwise. Work/live is more likely to accommodate a walk-in trade.

B. Application requirements. In addition to the information and materials required for a Minor Use Permit (MUP) or Conditional Use Permit (CUP) application by the Implementing Zoning Ordinance, a CUP application for a live/work or work/live as the reuse of existing commercial or industrial structures unit shall include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards exist. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to residents. If the Phase I assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required.

C. Limitations on use. The non-residential component of a live/work or work/live project shall be a use allowed within the applicable zone by Section 3. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

1. Adult businesses;

2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

3. No occupancy classified as an H occupancy by the California Building Standards Code shall be allowed.

4. Welding, machining, or any open flame work; and

5. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work or work/live unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

D. Design standards.

1. Floor area requirements. The net total floor area of a live/work or work/live space shall be 3,000 square feet maximum. Separation and access. Each live/work or work/ live unit shall be separated from other live/work or work/live units or other uses in the structure. Access to each live/work or work/live unit shall be provided from shopfronts, directly from the street from common access areas, corridors, or halls; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.

2. Facilities to accommodate commercial or industrial activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

3. Building and fire code compliance. Any building which contains a live/work or work/live occupancy shall comply with the latest edition of the CBC and applicable building and life safety policies for such occupancies.

E. Operating requirements.

1. Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

2. Non-resident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the Minor Use Permit or Conditional Use Permit in zones that require such use permits. The employment of three or more persons who do not reside in the live/ work or work/live unit may be permitted subject to Minor Use Permit or Conditional Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements

3. Client and customer visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the Minor Use Permit or Conditional Use Permit if applicable to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas

F. Required findings. In addition to the findings required for zones where a live/work or work/live unit requires a Minor Use Permit or Conditional Use Permit, its approval shall require that the review authority first make all of the following findings, in addition to the findings required for a MUP or CUP approval:

1. The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection C. (Limitations on use).

2. The establishment of live/work or work/live units will not conflict with nor inhibit permitted industrial or commercial uses in the area where the project is proposed;

3. The building containing live/work units and each live/work unit within the building has been designed to ensure that they will function predominantly as residential uses with incidental work spaces. ; and

4. The building containing work/live units and each work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations in compliance with applicable regulations;