Chapter 17.28 — LIVE/WORK UNITS

The purposes of a live/work ordinance are to:

• A. Provide locations where appropriate new businesses can start up;

• B. Provide opportunities for people to live in mixed-use industrial and commercial areas when it is compatible with existing uses;

• C. Provide opportunities for business operators to live in the same structure that contains their commercial or industrial activity;

• D. Provide standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities; and

• E. Ensure that live/work units are designed to function as both a live and work space.

• A. This chapter shall apply to live/work units where permitted or conditionally permitted in the mixed-use zones as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Allowable uses for the non-residential portion of the live/work unit shall be those uses permitted or conditionally permitted in the respective zone.

• B. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.

• A. The review authority for live/work units shall depend on the permit required by the zone in which the unit is proposed, as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

• B. The review authority shall be guided by the provisions of this chapter when reviewing a live/work unit application, in addition to the standards of the zone in which the live/work unit is proposed.

Live/work units and allowable uses shall be permitted in the C/R-MU and B/R-MU mixed-use zones and conditionally permitted in the C/O-MU and C/I-MU mixed-use zones, as provided in Part 2 (Zoning Districts, Land Uses, and Development Standards). Uses within live/work units shall be limited to only those uses allowed in the applicable zoning district, except where prohibited in Section 17.28.050 (Prohibited Use).

The following uses are not permitted as part of a live/work unit:

• A. Adult-oriented businesses.

• B. Vehicle sales, service, maintenance, or repair.

• C. Welding, machining, or open-flame work (with the exception of a restaurant use), unless confined to a separate building from any live/work unit.

• D. Any use that might affect the health or safety of nearby residents or tenants because of its potential to create dust, noise, vibration, noxious gases, odors, smoke, or any other negative impacts.

• A. Compatibility. Live/work units shall be designed to be compatible with neighboring structures and uses.

• B. Floor Area.

  1. In the B/R MU and C/R MU zones, the net total floor area of a live/work unit shall be a minimum of 750 square feet within each unit. A minimum of 200 square feet of the floor area within each live/work unit shall be designated, reserved, and used as work space for permitted commercial uses.

  2. In the C/O MU and C/I MU zones, the net floor area for each building shall meet the minimum floor area ratio requirements for the respective zone.

• C. Location of Uses. The ground-floor portion of a live/work unit shall be a non-residential use and face a public street or interior drive aisle.

• D. Amenities.

  1. Live/work units shall be equipped with a kitchen space and sanitary facilities.

  2. Live/work units shall provide a minimum of 100 square feet per residential unit of usable open space, consisting of a combination of private residential open space and usable common areas.

  3. A live/work development project shall provide a minimum of one production space or central business center no less than 500 square feet in area. This area shall be open and available to all residents free of charge from 8 AM – 10 PM each day and provide amenities to facilitate business activities that may include, but are not limited to, free wi-fi connectivity, conference center, production workspaces, etc., as approved by the Development Services Director.

• E. Height and Setbacks. The height and setback standards for each zone shall apply for live/work units.

• F. Allowed Projections and Encroachments. Architectural features, porches, stoops, balconies, awnings, and canopies may encroach into required setbacks and rights-of-way as identified in Section 17.10.060 (Setback Requirements and Exceptions).

• G. Ground Floor Height. The ground floor level of a live/work unit shall have a minimum floor-tofloor height of 14 feet.

• H. Design. Live/work units should be designed to offer a high level of spatial flexibility to adapt to the diverse needs of those living and working in the unit over time, including, but not limited to, open floor plans, modular or demountable partitions, the ability to combine adjacent units into one unit, etc. Units should be oriented and designed to receive ample natural light through the use of large commercial windows, skylights, and other methods, while maintaining high thermal performances.

• I. Materials. Live/work developments are encouraged to incorporate industrial and commercial design and materials into the architectural style of the building, including exposed concrete, wood and metal finishes, and appropriate ventilation, flooring, and storage spaces similar to the types of finishes commonly found in comparable commercial or industrial facilities.

• J. Transparency. Each live/work unit shall have a pedestrian-oriented frontage that publicly displays the interior of the non-residential areas of the structure.

• K. Access to Units. Where more than one live/work unit is proposed within a single structure, each live/work unit shall be separated from other live/work units and other uses in the structure. Access to individual units shall be from streets, common access areas, or external corridors. Access to each unit shall be clearly identified to provide for emergency services.

• A. Valid Business License. At least one resident or commercial tenant in each live/work unit shall maintain a valid business license for a business on the premises, so long as a business is in operation.

• B. Employees. Employment within a live/work unit shall be limited to persons residing in the unit and two additional employees, unless the owner of the unit, or commercial tenant desiring to lease the work space, can demonstrate to the satisfaction of the Development Services Director that additional employees will not cause a parking shortage or other disturbance to the community.

• C. Sale or Rental of Portions of Unit. The designated work space of a live/work unit shall not be separately sold, leased, or rented for residential use.

• D. Vehicles. No truck or van with a payload rating of more than 2 tons shall be parked on or in front of a parcel occupied by a live/work unit.

• E. Deliveries. Deliveries to and pick-ups from a live/work unit shall not interfere with vehicle circulation and shall occur only between 8:00 a.m. and 8:00 p.m. Monday through Saturday. Deliveries shall be limited to 12 per day.

• F. On-Premises Sales. On-premises sales of goods are limited to those produced within the live/work unit, provided the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

• G. Outdoor Storage. Outside storage is prohibited. All supplies and storage materials shall be inside of buildings at all times.

• H. Garbage Enclosures. Garbage/recycling bins shall be screened from view at all times.

• I. Noise. Noise levels shall be maintained at 65 decibels as measured at the closest property line at all times. No fabrication or construction shall take place outside that would create a noise level exceeding 65 decibels at the property line.

• A. Prior to obtaining a building permit, the property owner(s) of the proposed live/work unit shall submit to the Development Services Department a signed and notarized covenant on a form prescribed by the Development Services Director and approved by the City Attorney, together with applicable recording fees. The covenant shall place future buyers on notice of Section 17.28.070(A) through (J) of this chapter.

• B. The property owner(s) shall file the covenant with the San Bernardino County Recorder's office.