A. Use.
1. Private Garage Not Required – Topography – Where a lot abuts upon a street or place which due to topographic conditions or excessive grades is not accessible by automobile, and such lot is to be occupied by not more than a one-family dwelling, no private garage shall be required.
2. Public Utilities and Public Services – The provisions of this article shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewers and sewer mains, and incidental appurtenances.
3. Family Day Care Homes. (Amended by Ord. No. 173,085, Eff. 3/19/00.) Notwithstanding any other provisions of this article to the contrary, and in all zones wherein residential uses are permitted by right the following shall apply:
(a) Small Family Day Care Homes: Any dwelling unit may be used as a small family day care home, with up to eight children, as defined in Section 12.03, if it is licensed by the State of California as a small family day care home. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(b) Large Family Day Care Homes: Any dwelling unit may be used as a large family day care home, with up to 14 children, as defined in Section 12.03, if it is licensed by the State of California as a large family day care home, and if it complies with the conditions set forth in Subparagraph (1) below. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(1) Conditions. A large family day care home shall comply with the following conditions:
(i) Provide drop-off facilities, such as curb spaces or driveway area, which are necessary to avoid interference with traffic and promote the safety of the children;
(ii) Comply with any standards adopted by the State Fire Marshal pursuant to Subdivision (d) of Section 1597.46 of the California Health and Safety Code relating to large family day care homes;
(iii) Comply with all provisions of the Los Angeles Municipal Code relating to large family day care homes and dwelling units;
(iv) The use shall not create an unreasonable level of disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties;
(v) Name plates and signs shall conform to the provisions of Section 12.21 A.7.;
(vi) Play equipment, swings, sandboxes, or structures shall be located in the rear yard only;
(vii) No loud speaker or public address system shall be installed or operated on any open portion of the premises, and any phonograph, radio or other recorded music used in connection with any activity shall be sufficiently modulated to ensure that the use does not disturb the adjoining and neighboring residents;
(viii) The existing residential character of the building and site shall be maintained, including the exterior facade, landscaping, fences, walls, lawn area, and driveways;
(ix) The floor space of any dwelling unit used for the operation of a large family day care home shall not be increased for such use, and the floor space shall not be altered to reasonably preclude its continued use as a dwelling unit; and
(x) There shall be at least 300 feet between the lot containing the building where the proposed large family day care home will be located and the building housing any existing large family day care home. This distance is to be measured along the shortest street route between the two lots as determined by the Department of Recreation and Parks. (Second Sentence Amended by Ord. No. 181,192, Eff. 7/27/10.)
(2) Notice of Intention to Operate Large Family Day Care Home. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A Notice of Intention to Operate a Large Family Day Care Home shall be filed in the public office of the Department of City Planning, on forms provided by the Department. The forms shall be accompanied by all information deemed necessary by the Department. The notice shall include verification provided by the Department of Recreation and Parks that the large family day care home is in compliance with the concentration and spacing condition set forth in Section 12.22 A.3.(b)(1)(x) above. (Sentence Amended by Ord. No. 181,192, Eff. 7/27/10.)No fee shall be charged and no public hearing shall be required in connection with the filing of the notice.
(3) Exemption from Concentration and Spacing Condition. If a proposed Large Family Day Care Home is not in compliance with the concentration and spacing condition set forth in Section 12.22 A.3.(b)(1)(x) above, then the operator may apply to the Zoning Administrator for an exemption from this condition pursuant to Section 12.24 X.25. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(4) Violation of Conditions – Authority of Zoning Administrator to Require Modification of Conditions of Operation or Discontinuance of Large Family Day Care Homes. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Notwithstanding any other provision of this Chapter, the Zoning Administrator may require a modification of the conditions of operation or the discontinuance of a large family day care home if the Zoning Administrator finds that as operated or maintained there has been a violation of any of the conditions or standards set forth in Subparagraph (1) of Paragraph (b) of this Subdivision, or that such use:
(i) jeopardizes or endangers the public health or safety of persons residing in, working on, or occupying the premises; or
(ii) constitutes a public nuisance; or
(iii) violates any provision of this chapter or any other city, state or federal regulations, ordinance or statute.
The procedure for the modification of the conditions of operation or discontinuance of a large family day care home shall be as provided for in Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A of this Code.
4. Sale of Christmas Trees – Notwithstanding any provisions of this article to the contrary, the annual retail sale, including sales by philanthropic, political, patriotic, and charitable associations, of Christmas trees and ornaments shall be permitted in all zones, except the RE, RS, R1, RU, RZ, and RMP Zones, between December first and twenty-fifth, inclusive, and the necessary permits and licenses may be issued provided that: (Amended by Ord. No. 164,904, Eff. 7/6/89.)
(a) Any lights used to illuminate the site shall be arranged to reflect the light away from any adjacent residentially-zoned property except that this restriction does not apply to frosted light bulbs of 100 watts or less; and
(b) There shall be no use of any sound equipment in the residential zone in conjunction with the retail sale of Christmas trees; and
(c) The operator of such a sale of Christmas trees shall post a Two Hundred Dollar ($200.00) cleanup deposit with the Office of the City Clerk prior to any lot preparation or sales; and
(d) The operator of such a sale of Christmas trees shall comply with all other applicable provisions of the Los Angeles Municipal Code.
5. (Title and First Para. Deleted by Ord. No. 172,489, Eff. 4/16/99.)
(a) (Amended by Ord. No. 173,492, Eff. 10/10/00.) Notwithstanding any other provisions of Articles 2 and 3 of this chapter to the contrary, no oil well, controlled drill site or temporary geological exploratory hole may be permitted in an A, R, P or C Zone within the area located between the mean high tide line of the City’s shoreline and a line 1,000 yards landward from that line. This prohibition shall not be construed or interpreted as affecting:
(1) any shore line areas within the Los Angeles Harbor except for Cabrillo Beach;
(2) any oil well, controlled drill site or a facility for the production of oil gases or other hydrocarbon substances in existence on the effective date of this subdivision;
(3) any connected subterranean gas holding areas and facilities that are operated as a public utility pursuant to Section 14.00; and
(4) subsurface drilling and producing operations more than 500 feet below the surface of this area.
(b) Ordinances 159,607, 159,608 and 159,609, which created Oil Drilling Districts U–171–A, U–172–A and U–173–A, respectively, to allow exploration and production of oil within 1,000 yards of the mean high tide in the City of Los Angeles, are hereby repealed.
(c) This subdivision shall apply to all supplemental use districts within this area for which a vested right for production of oil has not accrued as of the effective date of this subdivision
(d) If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Ordinance provisions thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and causes of this ordinance are declared to be severable.
[Subdivision 5.(a) - (d) adopted by the voters as Initiative Ordinance “O” on November 8, 1988, Eff. 11/30/88.]
6. Infrequent Helicopter Landings. (Amended by Ord. No. 150,623, Eff. 4/13/78.) Notwithstanding any provision of this article to the contrary, helicopters may land and take off in any zone except RA, R, C1 and CR Zones, provided that a permit therefore has first been obtained from the Fire Department under the provisions of Division 5, Article 7 of Chapter 5 of this Code. Such helicopter landings and takeoffs shall not exceed three per day in or upon any single location or premises except that the Fire Department may permit as many such landings and takeoffs in or upon any single location or premises in a day as it determines are required by the individual nature of each such helicopter use, including occasions of civic interest, and are consistent with the public health, safety, general welfare and intent of this article. In the RA, R, C1 or CR Zones helicopters may land and take off in or upon any single location not more than two times per calendar year in a park, school ground or other similar type of public open space, for educational programs sponsored by the Los Angeles Police Department or the Los Angeles City Unified School District, provided that the Fire Department permit referred to above has first been obtained. Nothing herein shall prevent nor curtail the operation of emergency helicopter landing facilities as required in Section 57.4705 of the Los Angeles Municipal Code.
The provisions of this subdivision shall not be construed or interpreted as permitting the establishment of a regularly operating airport, aircraft landing field, heliport or helistop.
7. Temporary Operations of Carnivals and Rides. (Added by Ord. No. 130,076, Eff. 5/26/65.)– Notwithstanding any provisions of this article to the contrary, carnival shows and amusement enterprises of a similar type may be operated in the P Zone for a period of not to exceed five consecutive days in any 30 day period in or upon any single location, provided that:
(1) All such operations are conducted at least 200 feet from any school or adjoining occupied property classified in any A or R Zone.
(2) Such operations do not cause or produce any dust, gas, smoke, noise, fumes, odors, or vibrations detrimental to other property in the neighborhood or to the welfare of the occupants thereof.
(3) Any lights used to illuminate the event are arranged so as to reflect the light away from any adjacent residentially used premises.
(4) No public address system in connection with the event is installed on the property unless it is modulated so as not to be disturbing to occupants of any nearby dwelling units.
(5) All structures, apparatus and appurtenances shall be removed from the premises the next day following the closing of the carnival.
(6) The hours of such operation to be limited between the hours of 10:00 a.m. and 10:00 p.m.
8. Occasional Use of Private Homes for Adult Education Classes. (Added by Ord. No. 132,573, Eff. 8/5/66.) — Notwithstanding any provision of this article to the contrary, adult education classes shall be permitted in homes in the RA or R Zones and no additional off-street parking shall be required in conjunction therewith, provided that:
(a) Classes are held not more than one day a week for a period not to exceed three hours per day end each class does not meet for more than fifteen weeks in any one semester.
(b) Classes are purely incidental to the use of the property as a home and no more than thirty persons are permitted to attend each class.
(c) Classes primarily involve oral discussions and no laboratory equipment, heavy machinery, or large tools are used in connection therewith, except small record players, slide projectors and other similar audiovisual teaching aids.
(d) All classes are scheduled on the first floor of the building.
For the purpose of this subdivision “adult education classes” shall mean any educational programs conducted by University Extension of University of California or any other comparable university.
No certificate of occupancy shall be required in connection with the use authorized by this ordinance.
9. Maintenance of Accessory Structures. (Amended by Ord. No. 172,839, Eff. 11/1/99.) Notwithstanding any provisions of this article to the contrary, an accessory building or structure may be maintained on a lot without a main building and a residential building may be maintained on a lot without the required off-street parking for the periods of time as authorized by the Advisory Agency in conformance with Article 7 of Chapter 1 of this Code.
10. Model. (Amended by Ord. No. 174,999, Eff. 1/15/03.) Notwithstanding any other provision of this article, a model or models, as defined in Article 7 of Chapter 1 of this Code, may be erected and maintained on any lot or site designated by the Advisory Agency as a site for a model or models on an approved or conditionally approved tentative map, in the A, RE, RS, R1, RU, RZ, RMP, or RW1 Zones with respect to one-family homes, and in the R2, RD, RW2, R3, RAS3, R4, RAS4, or R5 Zones with respect to multiple unit structures, i.e., buildings containing more than one dwelling unit, for a period of time as determined by the Advisory Agency, provided that:
(a) In an “H” hillside or mountainous area, a grading plan for the entire approved or conditionally approved subdivision or any final map unit thereof has been approved by the Grading Division of the Department of Building and Safety and a Grading Certificate has been issued for the property involved or that the grading is being carried on under the authorization of a valid grading permit.
(b) Necessary easements for the installation of water system facilities and underground utilities have been dedicated and the developer has guaranteed the cost of relocation or future adjustment of these facilities to the satisfaction of the Department of Water and Power.
(c) The owner assumes liability for any damage caused to water system facilities and underground utilities prior to final street improvements in a manner satisfactory to the Department of Water and Power.
(d) Adequate fire protection facilities are provided to the satisfaction of the Fire Department.
(e) Adequate sewer facilities are provided to the satisfaction of the Bureau of Engineering and the Los Angeles County Health Department.
(f) A paved access roadway at least 20 feet in width is provided which is satisfactory to the Department of Building and Safety.
(g) Off-street parking be provided as follows:
(1) For multiple unit structures, the numbers and location of the off-street parking facilities shall be determined by the Advisory Agency;
(2) For one-family detached structures, one lot for each six model dwellings or fraction thereof shall be located contiguous to the model dwelling sites. All off-street parking facilities and driveways shall be dust-proofed with asphaltic surfacing or with decomposed granite which is sprinkled at sufficient intervals to prevent dust, or by an alternate method of dust control satisfactory to the Department of Building and Safety.
(h) The model dwelling sites are attractively maintained and, with respect to one- family detached structures, attractively landscaped.
(i) Not more than one sign is placed on each designated model dwelling. Said sign shall not exceed 12 square feet in area and shall be used only for identification or directional purposes. Prohibited are banners, posters, pennants, ribbons, streamers, string of light bulbs, spinners, or other similarly moving devices.
(j) Any furnishings placed in the model dwelling are maintained solely for purposes accessory to the display of the model dwelling and in no way are used to sell or promote the sale of such furnishings.
(k) Prior to the issuance of any building permit for a model dwelling, the property owner shall first execute and file with the Superintendent of Building a notarized agreement assuming all risks and agreeing to all of the conditions set forth in this Subdivision 10. With respect to one-family detached structures, the agreement shall further provide that in the event that a final map which includes the property whereon the model dwelling is located is not recorded, all buildings or structures authorized by said permit shall be removed, within 90 days from the expiration of the tentative tract, and that if all buildings and structures are not completely removed as required above, they may be confiscated and removed or demolished by the City without further notice. Prior to the erection of any model dwelling that is a one-family detached structure, authorized pursuant to the approval of any subdivision and contingent thereon, the property owner shall post in the Department of Building and Safety a bond in favor of the City of Los Angeles (to be approved by the City Attorney and duplicates to be furnished to the City Attorney) in an amount satisfactory to the Department of Building and Safety sufficient to defray any expense incurred by the City in the removal or demolition of the model dwelling or dwellings. The bond shall be released to the property owner or person legally entitled thereto either upon recordation of the subdivision tract map or upon removal of the concerned structures or buildings, as the case may be, to the satisfaction of the Superintendent of Building. (Amended by Ord. No. 158,561. Eff. 1/14/84.)
(l) This subdivision shall apply to approved or conditionally approved tentative tract maps which include model dwelling units and which have not been recorded as of the effective date of this ordinance. (Added by Ord. No. 158,561, Eff. 1/14/84.)
11. (Amended by Ord. No. 145,410, Eff. 2/16/74.) Notwithstanding any other provisions of this article, a real estate tract sales office may be established and maintained in one model dwelling approved in accordance with the provisions of Section 12.22 A.10. or in a dwelling constructed on a recorded lot previously designated as a model dwelling site by the Advisory Agency and temporarily serving as an example of houses or units built or to be built in the same subdivision, provided that:
(a) No general real estate brokerage business is conducted on the premises, and any business transacted thereon is limited to the original sale of vacant or improved land shown on the tentative map or units of airspace shown on the condominium plan.
(b) All name plates and signs conform to the provisions of Section 12.21 A.7.
(c) The tract sales office is attractively maintained and, where located in a one-family detached structure, is attractively landscaped.
(d) The property owner has first executed and filed with the Superintendent of Building a notarized agreement agreeing to comply with all other provisions of this Subdivision and, further, agreeing that after all dwelling units in the development are initially sold or rented, all tract sales being conducted within the structure will cease; all signs will be entirely removed from the premises; any residential type of sliding glass door in a private garage doorway will be replaced with a conventional private garage door, and any sales office activity located in a private garage will be discontinued and this area reconverted for the storage of private vehicles. (Amended by Ord. No. 158,561, Eff. 1/14/84.)
12. (Added by Ord. No. 149,472, Eff. 5/14/77.) Notwithstanding any other provision of this article, equipment and material storage yards used exclusively in connection with public facilities projects may be located in the A, R and C Zones, provided the following conditions are complied with.
(a) That such storage activities not be commenced prior to the execution of the construction contract with the governmental entity authorizing such work, and such storage activity be terminated within 30 days of the expiration of the contract or 30 days after completion of the construction, whichever comes first.
(b) That no storage or related activities be located closer than 25 feet to any residential improvement unless a solid 8 foot high fence be constructed along the entire property line adjoining such improvement, except at parking of employees’ personal vehicles shall be permitted within the 25 foot buffer area, and such parking area need not comply with the requirements of Section 12.21 A.6. of this article.
(c) That the premises and grounds be frequently sprinkled and watered to prevent dust from becoming a nuisance to the neighboring residents.
(d) That there be no stockpiling of materials above 8 feet.
(e) That hours of operation including servicing and maintenance of all stored equipment be only between 7:00 a.m. and 6:00 p.m., and at no time on Saturdays, Sundays or holidays except in emergencies.
Prior to the use of any land for equipment and material storage activities pursuant to this Subdivision, the operator or operators of such storage yard shall obtain a certificate of occupancy of land as provided for in Section 12.26 E. of the Los Angeles Municipal Code. Where it can be shown to the satisfaction of the Superintendent of Building that the conditions of this Subdivision are not being complied with, the Superintendent may revoke the certificate of occupancy. Such revocation may be appealed to the Board of Building and Safety Commissioners pursuant to the provisions of Section 98.0403 of this Code.
13. Infrequent Use of Property for Commercial Filming. (Amended by Ord. No. 170,516, Eff. 6/18/95.) Notwithstanding any of the provisions of this article to the contrary, property in all zones may be used for the purpose of infrequent filming of commercial motion pictures and still photographs, provided that a permit therefor has first been obtained from the City Council, or whomever the Council by order, resolution or ordinance may delegate such authority. The City Council, or whomever the Council by order, resolution or ordinance may delegate such authority shall adopt such rules and regulations concerning the issuance of said permits as may be necessary to assure that filming will be conducted at such times and in such a manner as to cause a minimum of interference with the enjoyment and use of adjacent property, and consistent with public health, safety and general welfare.
14. (None)
15. Parking Requirements For Showcase Theaters. (Added by Ord No 148,910, Eff. 11/18/76.) Notwithstanding any provision of this article to the contrary, the parking for showcase theaters required under Section 12.21 A.4.(e), (g), (i), (m); Section 12.21 A.5.; and Section 12.26 C. and 12.26 E.5. may be provided on the site, or off the site under a written agreement approved by the City Attorney and the Superintendent of Building. Where off-site parking is provided under any written agreement other than a Parking Covenant, such agreement shall be for a minimum of one year and shall be signed by the theater operator and the lessee or owner of the property upon which the required parking spaces shall be located. This agreement shall remain in effect for the duration of the existence of the showcase theater. Such agreement shall be filed with the Department of Building and Safety.
Where the parking covenant or other written agreement provides for parking on a lot which does not meet the design standards set forth in Section 12.21 A.5. and 12.21 A.6. but which parking area met the applicable Municipal Code design standard when originally established, such spaces shall be accepted for purposes of this Subdivision without compliance with the provisions of Section 12.21 A.5. and 12.21 A.6.
16. Outside Automobile Hoists. (Amended by Ord. No. 172,468, Eff. 4/1/99.) Any type of outside automobile hoist in the C2, C4, C5, CM or M1 Zones is prohibited.
17. Temporary Residency in Residential Vehicle Pending Reconstruction of Disaster – Destroyed Dwelling. (Added by Ord. No. 153,144, Eff. 12/28/79.)
(a) Use of Land Permit. Notwith standing any other provision of this Code to the contrary, the Department of Building and Safety may issue a use of land permit to any resident- owner of a single-family dwelling destroyed by disaster to temporarily place and reside in a residential vehicle upon the subject property. Such use of land permit shall be limited to a period of one year from the date of the subject disaster, during which period a building permit for the reconstruction of the subject dwelling unit must be obtained. When such a building permit is obtained the use of land permit shall be valid for an additional period to total no more than two years from the date of the subject disaster or until the dwelling unit is complete, whichever occurs first. No other extension of time shall be granted for such use of land permit.
(b) Fence Requirement. Where a residential vehicle is placed within a required yard area, such residential vehicle shall be screened from public view by a fence constructed to the specifications of Section 91.4401(c) of this Code; on corner lots, the restrictions of Section 62.200 of this Code shall also apply. Such fence shall be maintained in good condition and appearance.
(c) Yard Area Requirements. Such residential vehicle must observe five-foot front, side and rear yards and adequate access shall be assured to permit the removal of such residential vehicle after reconstruction of the disaster-destroyed dwelling unit.
(d) Site Restoration. Within thirty (30) days of the removal of the residential vehicle, all equipment and utilities accessory to such residential vehicle and any nonconforming fence constructed pursuant to this section shall be removed and the site restored to permitted use and condition.
18. Developments Combining Residential and Commercial Uses. Except where the provisions of Section 12.24.1 of this Code apply, notwithstanding any other provision of this chapter to the contrary, the following uses shall be permitted in the following zones subject to the following limitations: (Amended by Ord. No. 163,679, Eff. 7/18/88.)
(a) Any use permitted in the R5 Zone on any lot in the CR, C1, C1.5, C2, C4 or C5 Zones provided that such lot is located within the Central City Community Plan Area or within an area designated on an adopted community plan as “Regional Center” or “Regional Commercial”. Any combination of R5 uses and the uses permitted in the underlying commercial zone shall also be permitted on such lot. (Amended by Ord. No. 182,452, Eff. 4/4/13.)
(b) Any use permitted in the CR, C1, C1.5, C2, C4 or C5 Zones on any lot in the R5 Zone provided that the lot is located within the Central City Community Plan Area. Any combination of these commercial and residential uses shall also be permitted on the lot. Commercial uses or any combination of commercial and residential uses may be permitted on any lot in the R5 Zone by conditional use pursuant to Section 12.24 W.15. outside the Central City Community Plan Area. (Amended by Ord. No. 182,452, Eff. 4/4/13.)
(c) Yards. Except as provided herein, the yard requirements of the zone in which the lot is located shall apply.
(1) The yard requirements of the C2 Zone shall apply to buildings located on lots in the R5 Zone in a redevelopment project area approved by the City Council if such buildings are used exclusively for commercial uses.
(2) The following yard requirements shall apply to buildings located on lots in the R5 Zone which are used for any combination of commercial and residential uses:
(i) The yard requirements of the C2 Zone shall apply to the portions of such buildings used exclusively for commercial uses.
(ii) No yard requirements shall apply to the portions of such buildings which are used exclusively for residential uses and which abut a street, private street or alley, if the first floor of such buildings at ground level is used for commercial uses or access to the residential portions of such buildings.
(3) No yard requirements shall apply to the residential portions of buildings located on lots in the CR, C1, C1.5, C2, C4, and C5 Zones used for combined commercial and residential uses, if such portions are used exclusively for residential uses, abut a street, private street or alley, and the first floor of such buildings at ground level is used for commercial uses or for access to the residential portions of such buildings.
(4) No yards shall be required along air space lot boundaries within the interior of buildings.
(d) The residential and commercial density, maximum floor area or height otherwise permitted for any lot shall not be increased by reason of the existence of one or more air space lots.
(e) Pedestrian Bridges. Residential uses in a building combining residential and commercial uses shall be limited to the floors above the level of a connecting pedway or pedestrian bridge except that the Director of Planning may modify or waive this requirement if the Director finds unusual topography or other special circumstances justify such modification or waiver.
(f) (Amended by Ord. No. 173,492, Eff. 10/10/00.) In the event of a conflict between the terms of this subdivision and the terms of a specific plan enacted prior to December 31, 1981, the terms of the specific plan shall prevail. The terms of this subdivision shall not apply within the boundaries of the Century City North Specific Plan.
19. Dwelling Adjacent to An Equinekeeping Use. (Amended by Ord. No. 173,492, Eff. 10/10/00.) Notwithstanding any provision of this Code to the contrary, the City shall not issue a building permit for a residential building (excluding non- habitable rooms) that is less than 35 feet from a legally established equine use, unless the Zoning Administrator makes an exception in accordance with Section 12.24 X.5.
20. Adult Entertainment Businesses. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(a) Exceptions from Section 12.70 C. of this Chapter.
(i) A person may establish and maintain, or continue to operate, an adult entertainment business on a lot within 500 feet of an “A” or “R” Zone, or within the “CR”, “C1” or “C1.5” Zones, if a site consistent with Section 12.70 C. of this Chapter is not reasonably available elsewhere in the City for the establishment or relocation of the subject adult entertainment business. This exception shall only apply to an adult entertainment business which is otherwise in compliance with all other provisions of this chapter including Section 12.70 C. of this Chapter.
A site is “reasonably available” elsewhere in the City if it meets all of the following criteria:
(1) Its use as the proposed adult entertainment business is consistent with all applicable zoning regulations, including Section 12.70 C. of this Chapter.
(2) It is available for use, purchase, or rental as an adult entertainment business.
(3) It has adequate street access, street lighting, and sidewalks.
(4) It is at least 500 feet away from any uses which are or may become obnoxious or offensive by reason of emission of odor, dust, smoke, noise, gas, fumes, cinders, refuse matter or water carried waste.
This exception shall not apply to massage parlors or sexual encounter establishments.
(ii) To apply for an exception, an applicant shall file an application with the Department of City Planning, on a form provided by the Department, identifying the present or proposed location of the adult entertainment business, and accompanied by data supporting the proposed exception and the fee provided for in Section 19.01 of this Chapter.
The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. An exception shall be approved if it meets the requirements of Subparagraph (i) above.
If the Zoning Administrator, Area Planning Commission or Council disapproves an exception, then it shall make findings of fact showing how a site consistent with Section 12.70 C. of this Chapter is reasonably available elsewhere in the City for the establishment or relocation of the subject adult entertainment business.
(b) Extensions of the Section 12.70 C. of this Chapter Amortization Period.
(i) An adult entertainment business existing on March 6, 1986 and operating within 500 feet of a lot in an “A” Zone or “R” Zone or, within the “CR”, “C1”, or “C1.5” Zones may be continued, as specified below:
(1) If the adult entertainment business is otherwise in compliance with all other provisions of this chapter including Section 12.70 C. of this Chapter; and
(2) If the adult entertainment business is subject to a written lease, entered into prior to March 6, 1986, with a termination date extending beyond March 6, 1988, then the adult entertainment business may continue until the expiration of the present term of the lease but no later than March 6, 1991; or
(3) If the adult entertainment business invokes the investment of money in real property, improvements, or stocks in trade such that a termination date beyond March 6, 1988 is necessary to prevent undue financial hardship, then it may be continued until March 6, 1991.
(ii) To apply for an extension of time, an applicant shall file an application with the Department of City Planning, on a form provided by the Department, identifying the present or proposed location of the adult entertainment business, and accompanied by data supporting the extension request and the fee provided for in Section 19.01 of this Chapter. An extension shall be approved if it meets the requirements of Subparagraph (i) above.
The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code shall be followed to the extent applicable.
An appeal from the determination of the Zoning Administrator on whether a proposed exception meets the requirements of Subparagraph (i) may be taken to the Area Planning Commission in the same manner as prescribed in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. The Area Planning Commission’s decision may be appealed to the City Council. The appeal to the Council shall follow the procedures set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code. However, a decision on any appeal shall be made within 30 days of the expiration of the appeal period. This time limit may be extended by mutual written consent of the applicant and the Area Planning Commission or Council, whichever then has jurisdiction over the appeal.
If the Zoning Administrator, Area Planning Commission or Council disapproves an extension, then it shall make findings of fact showing how the proposed extension fails to meet the requirements of Subparagraph (i).
21. (Deleted by Ord. No. 171,687, Eff. 8/19/97.)
22. (Deleted by Ord. No. 170,752, Eff. 12/14/95.)
23. Mini-Shopping Centers and Commercial Corner Development. (Amended by Ord. No. 175,223, Eff. 6/30/03.) If the requirements set forth in Paragraph (a) and the conditions set forth in Paragraph (b) of this subdivision are met, and the proposed use or uses are not enumerated in Section 12.24 W.27., then a conditional use approval pursuant to Section 12.24 W.27. shall not be required for any new use, change of use or addition of floor area to a Mini-Shopping Center or a Commercial Corner Development.
(a) Development Standards.
(1) Height. Buildings or structures located in Height District Nos. 1 and 1-L shall not exceed a maximum height of 45 feet. However, buildings or structures shall comply with the provisions of Section 12.21.1 A.10., “Transitional Height,” of this Code.
(2) Front Yard. The front yard requirements set forth in Sections 12.12.2 C., 12.13 C.1. and 12.13.5 B.1. of this Code shall not apply to Mini-Shopping Centers or Commercial Corner Developments.
(3) Windows. The exterior walls and doors of a ground floor containing non- residential uses that front adjacent streets shall consist of at least fifty percent transparent windows, unless otherwise prohibited by law.
(4) Parking.
(i) Notwithstanding Section 12.21 A.5.(h) of this Code to the contrary, no tandem parking shall be permitted, except those spaces reserved exclusively for residential use.
(ii) Bicycle parking shall be provided as required by Section 12.21 A.16. of this Code.
(iii) Parking in the Downtown Business District shall be provided as required by Section 12.21 A.4.(i) of this Code.
(5) Lighting. All public areas of the lot or lots not covered by a building shall have night lighting for safety and security. All other open exterior areas, such as walkways and trash areas, shall have low- level, security-type lighting. All exterior lighting shall be directed onto the lot or lots, and all flood lighting shall be designed to eliminate glare to adjoining properties. All parking areas shall have a minimum of 3/4 foot-candle of flood lighting measured at the pavement.
(6) Signs.
(i) In addition to the requirements set forth in Division 62 of this Code, no person shall erect on the lot or lots the following signs, as defined in Section 91.6203 of this Code without first obtaining a conditional use permit: pole signs; projecting signs; or roof signs.
(ii) Monument signs and information signs shall be located only within the landscape-planted areas of the lot or lots.
(7) Utilities. All new utility lines which directly service the lot or lots shall be installed underground. If underground service is not currently available, then provisions shall be made for future underground service.
(8) Walls and Trash Storage. A solid masonry wall at least six feet in height shall be erected along the lot lines of the lot or lots where the lot or lots abut or are across an alley from any residential zone or use, except for that portion of the lot line where an access driveway is required by the City. Trash storage bins shall be located within a gated, covered enclosure constructed of materials identical to the exterior wall materials of the building.
(9) Recycling Area or Room. Every Mini-Shopping Center or Commercial Corner Development shall conform to the requirements of Section 12.21 A.19.(c) of this Code.
(10) Landscaping. All landscaping shall comply with Sections 12.41, 12.42 and 12.43 of this Code and the following requirements:
(i) Landscaping – Setback. (Amended by Ord. No. 177,103, Eff. 12/18/05.) A landscaped, planted area having a minimum inside width of five feet shall be required along all street frontages of the lot and on the perimeters of all parking areas of the lot or lots which abut a residential zone or use.
Notwithstanding the above, in the Downtown Business District as defined in Section 12.21 A.4.(i) of this Code, a landscape (planted) area having a minimum inside width of five feet shall be required on the peri- meters of all parking areas of the lot which abut a residential zone or use.
(ii) Irrigation System. An automatic irrigation system shall be provided for all landscaped areas. This system shall be installed prior to the issuance of any certificate of occupancy.
(b) Conditions of Operation. A Mini- Shopping Center or a Commercial Corner Development shall comply with the following conditions:
(1) Maintenance. The condition of the lot or lots, including but not limited to parking areas, exterior walls, required lighting, and landscaped areas, shall at all times be maintained in a safe and sanitary condition and in a state of good repair. Exterior wall surfaces shall at all times be kept free from graffiti and any marks of vandalism.
(2) Debris Removal. The lot or lots shall at all times be kept clear of weeds, rubbish, and all types of litter and combustible materials. Trash receptacles shall be located throughout the open areas of the lot or lots.
(3) Hours. Parking lot cleaning and sweeping, and trash collections from and deliveries to a Mini-Shopping Center or Commercial Corner Development, shall occur no earlier than 7 a.m., nor later than 8 p.m., Monday through Friday, and no earlier than 10 a.m., nor later than 4 p.m., on Saturdays and Sundays.
(4) Landscape Maintenance. Maintenance of landscaped areas shall include continuous operations of watering, removal of weeds, mowing, trimming, edging, cultivation, reseeding, plant replacement, fertilization, spraying, control of pests, insects, and rodents, or other operations necessary to assure normal plant growth. All trees, shrubs and ground cover shall be maintained as healthy and vigorous at all times. Irrigation systems, installed pursuant to the requirements in Sub- subparagraph (a)(10)(ii) above shall be continuously maintained in accordance with Section 12.41 B.5. of this Code.
(5) Covenant. Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of Planning, acknowledging that the owner shall implement each of the conditions set forth in Paragraph (b) of this subdivision, and shall not permit the erection of any of the signs enumerated in Paragraph (a)(6) of this subdivision or the establishment of any uses enumerated in Section 12.24 W.27. of this Code without first obtaining a conditional use approval. The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners. The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.
(c) Existing Building Changed to Mini- Shopping Center or Commercial Corner Development.
(1) An existing building or buildings may be converted to a Mini-Shopping Center or to a Commercial Corner Development without first obtaining a conditional use approval if all of the following requirements are met:
(i) all alterations result in no more than a twenty percent increase in the existing floor area of all of the buildings on a lot or lots;
(ii) the proposed Mini- Shopping Center or the Commercial Corner Development use or uses are not enumerated in Section 12.24 W.27.;
(iii) no sign identified in Paragraph (a)(6) of this subdivision shall be erected on the site; and
(iv) the proposed Mini- Shopping Center or the Commercial Corner Development complies with the conditions of operation of Paragraph (b) of this subdivision.
(2) For an existing Mini-Shopping Center, or existing Commercial Corner Development use, no person shall establish as a new use, any of the uses enumerated in Section 12.24 W.27. of this subdivision without first obtaining a conditional use approval.
(d) Exemptions. The following Projects shall not be subject to this subdivision:
(1) A Mixed Use Project as defined in Section 13.09 B.3. that consists of predominantly residential uses and does not contain commercial uses enumerated in Section 12.24 W.27.;
(2) Adaptive Reuse Projects as defined in Section 12.22 A.26.; and
(3) Libraries, governmental offices, police stations, fire stations, and other government owned related facilities or uses.
(e) Specific Plan Compliance. If, as determined by the Director of Planning or the Director's designee, the provisions of this Section conflict with those of an adopted Specific Plan, then the provisions of the Specific Plan shall prevail.
24. Mobile Medical Facilities and Bloodmobiles. (Added by Ord. No. 166,045, Eff. 8/17/90.)
(a) Notwithstanding any provision of this article to the contrary, any mobile medical facility may operate once a month for no more than 72 consecutive hours, in any single established parking area, in the P, PB, CR, C1, C1.5, C2, C4, CM, M1, M2 and M3 Zones, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the facility does not obstruct any driveway access aisle or required parking space.
(b) Notwithstanding any provision of the article to the contrary, any bloodmobile may operate once a month for no more than 72 consecutive hours, in any single established parking area in any zone, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the bloodmobile does not obstruct any driveway access aisle or required parking space.
(c) Notwithstanding any provision of this article to the contrary, any mobile medical facility may operate once a week for no more that 72 consecutive hours, in any single established hospital parking area, in the P, PB, CR, C1, C1.5, C2, C4, CM, M1, M2 and M3 zones, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the facility does not obstruct any driveway access aisle or required parking space. (Added by Ord. No. 170,161, Eff. 1/16/95.)
25. Affordable Housing Incentives – Density Bonus. (INTERIM) (Amended by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
See Section 12.22 A.37. (State Density Bonus Program) of this Code.
An existing program described outside of former Section 12.22 A.25. of this Code, that follows the procedures of former Section 12.22 A.25.(g) as of February 11, 2025, the operative date of this amendment, shall follow the review procedures outlined in:
(a) Section 12.22 A.37.(d)(1) (Building and Safety Review) of Chapter I of this Code, where the existing program references the procedures of former Section 12.22 A.25.(g)(1) of this Code.
(b) Section 13B.2.5 (Director Determination) of Chapter 1A of this Code, where the existing program references the procedures of former Section 12.22 A.25.(g)(2) of this Code.
(c) Section 12.22 A.37.(d)(3) (City Planning Commission Review) of Chapter I of this Code, where the existing program references the procedures of former Section 12.22 A.25.(g)(3) of this Code.
26. Citywide Adaptive Reuse Projects. (Amended by Ord. No. 188,793, Eff. 2/1/26.)
(a) Purpose. The purpose of this subdivision is to implement the General Plan by facilitating the retention and conversion of existing, underutilized, or historically significant buildings, to new Residential Uses. This will reduce vacant space, create opportunities for new housing, and preserve the City’s architectural and cultural legacy. Encouraging the reuse of buildings is a sustainable practice to retain many of the resources that went into their initial construction and thereby reduce greenhouse gas emissions. Such productive reuse will support mixed commercial and residential uses in order to improve air quality, and reduce vehicle trips and vehicle miles traveled, by locating residents, jobs, and services near each other.
(b) Relationship to Other Zoning Provisions. For Adaptive Reuse Projects, if a provision of this subdivision differs with a provision of any specific plan, supplemental use district, “Q” condition, “D” limitation, or any citywide provision of Chapter I of this Code, then this subdivision shall prevail. Notwithstanding anything to the contrary above, Adaptive Reuse Projects shall be subject to the following exceptions and additional provisions:
(1) If a provision of this subdivision differs with a provision of any Historic Preservation Overlay Zone (HPOZ), then the provision of the HPOZ shall prevail, pursuant to Division 13B.8. (Historic Preservation) of Chapter 1A of the Code. Adaptive Reuse Projects involving other Designated Historic Resources may be eligible for the incentives set forth in Paragraphs (h) and (i) of this subdivision and shall be reviewed pursuant to Section 91.106.4.5 of this Code and/or Section 22.171 et seq. of the Los Angeles Administrative Code, as these sections may be amended or reorganized from time to time.
(2) Adaptive Reuse Projects seeking tax abatement for a qualified historical property eligible under the Mills Act, pursuant to California Government Code Sections 50280 - 50290, shall be subject to the procedures in Section 19.140 et seq. of the Los Angeles Administrative Code.
(3) If a provision of this subdivision differs with a provision of any Sign District (SN) then the provision of the Sign District shall prevail, pursuant to Section 13.11 of this Code.
(4) Unless otherwise stated in this subdivision, new construction outside the existing building envelope that is part of an Adaptive Reuse Project or Unified Adaptive Reuse Project shall be subject to: the applicable citywide provisions of Chapter I of the Code; any applicable “Q” conditions or “D” limitations; and any applicable specific plan, supplemental use district, and/or Streetscape Plan. These provisions shall apply unless an incentive, concession, waiver or reduction of these development standards is granted pursuant to Sections 12.22 A.37.(d), 12.22 A.38.(d), or 12.22 A.39.(d) of this Code.
Exterior changes resulting from improvements in building safety or building system performance, such as to accommodate required structural or energy conservation upgrades, shall not be considered new construction, additions, or additional floor area for the purpose of granting incentives under Section 12.22 A.26.(h) of this Code.
(5) If a provision of this subdivision differs with Sections 12.22 A.37., 12.22 A.38., or 12.22 A.39. of this Code, then those sections shall prevail, except that the procedures and standards of review of this subdivision shall apply for Surveyed Historic Resources and Designated Historic Resources.
(6) An Adaptive Reuse Project shall comply with the Affordable Housing Linkage Fee requirements in Section 19.18 of this Code.
(7) An Adaptive Reuse Project proposed within the boundaries of the Adaptive Reuse Subareas shall be eligible for the following:
(i) All incentives and procedures in this subdivision;
(ii) A change of use to Hotel, pursuant to Section 12.22 A.26.(d) of this Code; and
(iii) Upon application to the Zoning Administrator, an Adaptive Reuse Project may be located in the MR1, MR2, M1, M2 and M3 zones, subject to the procedures set forth in Section 12.22 A.26.(f)(4) of this Code.
(c) Definitions. Notwithstanding any other provisions of this Code to the contrary, the following definitions shall apply to this subdivision, and any reference to state or federal law in this subdivision shall be to the law as written and in effect on the date the reference is adopted. Words and phrases not defined in this paragraph shall be construed as defined in Section 12.03 of this Code.
Adaptive Reuse Subareas. The areas mapped as the Adaptive Reuse Subareas by Section 9 of the Citywide Adaptive Reuse Ordinance (Ord. No. 188,793).
Legacy Small Business. Any business that meets all the following criteria: has been in continuous operation within a 2-mile radius of the Adaptive Reuse Project site, in the geographical boundaries of the City of Los Angeles for at least 20 years, with no break in operations exceeding two years, and that meets at least two of the following standards:
(i) Has no more than 50 full-time equivalent employees;
(ii) Employs individuals capable of speaking non-English languages who can serve multi-lingual members of the community and posts a placard stating that non-English languages are spoken in the establishment, written in the respective language offered. The placard shall be located within 5 feet of the entrance along the primary street lot line, and shall be a minimum of 8 1/2" by 11" in size, with text in at least a 12-point font;
(iii) The business accepts government issued assistance such as Electronic Benefits Transfer (EBT) and posts a placard stating that it accepts government issued assistance such as EBT. The placard shall be located within 5 feet of the entrance along the primary street lot line, and shall be a minimum of 8 1/2" by 11" in size, with text in at least a 12-point font;
(iv) The business pays employee wages equal to or greater than those for non-airport employees as specified in Section 10.37.2 of Article 11 of the Los Angeles Administrative Code.
Live/Work Unit. A dwelling unit that includes workspace designated for productive uses and entrepreneurial activities, so long as such uses and activities are allowed in the underlying zone, and that may include areas for display or sale of products produced therein.
Non-Residential Use. Any use other than those defined in Residential Use.
Residential Use. Any use that provides housing accommodations serving as a primary residence or having an occupancy of greater than thirty days, or that provides residential Supportive Services, or that is a Home Occupation. A Residential Use only includes Dwelling Units, Efficiency Dwelling Units, Supportive Housing, Dormitories, Guest Rooms, Live/Work Units, or Joint Living and Work Quarters.
(d) Uses Allowed in Adaptive Reuse Projects. Notwithstanding any other provisions of this Code to the contrary, an Adaptive Reuse Project that is eligible for the incentives provided in this subdivision shall be allowed as follows:
(1) In all or any portion of an eligible building or parking building, a change of use is allowed from an existing Non-Residential Use or Hotel, excluding a Residential Hotel or Residential Unit as defined in Section 47.73 of this Code, to a new Residential Use.
(2) A change of use from Non-Residential Use to a Hotel shall only be allowed in an Adaptive Reuse Project located in the Adaptive Reuse Subareas if approved under Section 12.24 U.4. and Section 13B.2.3. of this Code.
(3) A change of use from a Hotel, excluding a Residential Hotel or Residential Unit as defined in Section 47.73 of this Code, to a Residential Use may be allowed in an Adaptive Reuse Project, provided that the Hotel has fewer than 300 rooms, with the room count based on the date of the hotel's initial Certificate of Occupancy or January 1, 2025, whichever room count is greater.
(4) Only an Adaptive Reuse Project that results in five or more residential units that meet the definition of Residential Use defined in this subdivision, shall be eligible for the incentives and procedures in this subdivision.
(5) Active Ground Floor Uses. An existing ground floor commercial use may be converted to a Residential Use provided that the converted ground floor maintains active uses as follows: at least the first 15 feet of depth of the converted ground floor, measured perpendicularly from the primary pedestrian entrance, shall have indoor occupiable space designed and intended for general commercial use, public and institutional use, and/or common indoor amenity space, including Live/Work Unit(s), fitness room(s), lounge(s), lobbie(s) or co-working space(s).
(6) Transparency. The ground floor of the building may be modified provided that the new ground floor use either maintains or increases transparency of the existing facade and does not reduce the existing condition of exterior glazing. This requirement shall apply when any portion of a ground floor is accessed directly from a public street, or along the entirety of any facade that serves as the primary pedestrian entrance for the building. Notwithstanding the above, reductions in ground floor transparency shall be allowed as required for seismic reinforcement, fire/life safety concerns, or other upgrades to improve building system performance of the existing building.
Table 12.22 A.26.(d)(7): For illustrative purposes only, the below table summarizes the changes of use allowed in Adaptive Reuse Projects as described in Section 12.22 A.26.(d)(1) - (3) above.
Applicable Area
Change of use of Buildings
Permitted (P) or
Not Permitted (NP)
From Existing Use
To Proposed Use
Applicable Area
Change of use of Buildings
Permitted (P) or
Not Permitted (NP)
From Existing Use
To Proposed Use
Citywide*
Non-Residential Use
Residential Use
P
Hotel
NP
Hotel, except for change of use of any existing Residential Hotel or Residential Unit as defined in LAMC Section 47.73
Residential Use
Permitted (P) if Hotel has fewer than 300 guest rooms
Residential Use or Hotel
Non-Residential Use
NP
Subareas
Non-Residential Use
Residential Use
P
Hotel
Permitted (P) with Class 3 Conditional Use Permit
Hotel, except for change of use of any existing Residential Hotel or Residential Unit as defined in LAMC Section 47.73
Residential Use
Permitted (P) if Hotel has fewer than 300 guest rooms
Residential Use or Hotel
Non-Residential Use
NP
* Except for that portion of Los Angeles within the boundaries of the Downtown Community Plan and Community Plan areas subject to Article 9 of Chapter 1A of the new Zoning Code as they are adopted.
(e) Eligible Buildings. The provisions of this subdivision shall apply to Adaptive Reuse Projects in all or any portion of the following buildings and parking buildings located in the R2, RD1.5, RD2, RD3, RD4, RD5, RD6, RW2, R3, RAS3, R4, RAS4, R5, CR, C1, C1.5, C4, C2, C5, CM, P, PB, and PF Zones, and any zones within a specific plan or supplemental use district listed in Paragraph (I) in which multifamily residential uses are allowed, provided that the qualifying age of the building or parking building, as listed below, is verified by a Certificate of Occupancy, finaled building permit, or other similar suitable government issued documentation.
(1) Buildings constructed according to the building and zoning codes in effect at the time they were constructed, for which at least 15 years have elapsed since the date of permitted and completed construction.
(2) Buildings constructed according to the building and zoning codes in effect at the time they were constructed, for which at least five years, but less than 15 years, have elapsed since the date of permitted and completed construction, if the Adaptive Reuse Project is approved pursuant to Section 12.24 X.1.(c) and Section 13B.2.1. (Class 1 Conditional Use Permit) of this Code.
(3) Any parking building, or parking area within an existing building, constructed according to the building and zoning codes in effect at the time they were constructed, for which at least five years have elapsed since the date of permitted and completed construction.
(f) Procedures. An Adaptive Reuse Project that meets the applicable requirements of Section 12.22 A.26.(e) of this Code, shall be reviewed according to the following procedures based on the age of the building or parking building and the requested incentives.
(1) Building Permit Review. For purposes of this section, the following Adaptive Reuse Projects that seek incentives described in Section 12.22 A.26.(h) shall be issued building permits if they comply with this subdivision and all other applicable requirements under the Code:
(i) Adaptive Reuse Projects involving building(s) for which at least 15 years have elapsed since the date of permitted and completed construction;
(ii) Adaptive Reuse Projects involving existing parking building(s) or parking areas within an existing building for which at least five years have elapsed since the date of permitted and completed construction.
(2) Administrative Review. The following projects shall be reviewed and approved by the Director of Planning under an Administrative Review process pursuant to Section 13B.3.1. of Chapter 1A of this Code, and according to the following additional procedures:
(i) Unified Adaptive Reuse Projects providing on-site affordable housing utilizing incentives pursuant to Section 12.22 A.26.(i), in combination with any incentives listed in Paragraph 12.22 A.26.(h) of Chapter I of the Code; and/or
(ii) Adaptive Reuse Projects involving a Surveyed Historic Resource, subject to all the following additional procedures:
a. Prior to the issuance of a building permit, any proposed alteration of a Surveyed Historic Resource shall be reviewed by the Office of Historic Resources to ensure compliance with the Secretary of the Interior’s Standards for Rehabilitation. An Adaptive Reuse Project involving a Surveyed Historic Resource that complies with the Secretary of Interior Standards for Rehabilitation shall be eligible to use the California Historical Building Code.
b. Any proposed alteration to a Surveyed Historic Resource that does not meet the Secretary of the Interior's Standards for Rehabilitation to the satisfaction of the Office of Historic Resources shall not be eligible for Administrative Review. In such cases, the Adaptive Reuse Project shall be subject to a Class 1 Conditional Use under Section 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code.
c. If the Director of Planning, or designee within the Office of Historic Resources, determines based on substantial evidence that the Surveyed Historic Resource is not a historical resource, as defined by California Public Resources Code Section 21084.1, then such property shall not be considered a historical resource.
(3) Review of Projects Involving Designated Historic Resources and/or Historic Preservation Overlay Zones. Adaptive Reuse Projects involving Designated Historic Resources, or that are located within an Historic Preservation Overlay Zone (HPOZ), shall follow the procedures below:
(i) Adaptive Reuse Projects located within an HPOZ shall be reviewed and approved pursuant to Division 13B.8. (Historic Preservation) of Chapter 1A of the Code.
(ii) Adaptive Reuse Projects involving Designated Historic Resources may be eligible for the incentives in Section 12.22 A.26.(h) of this Code; and shall be reviewed pursuant to Section 91.106.4.5 of this Code and Section 22.171 et seq. of the Los Angeles Administrative Code, as applicable.
(iii) Rooftop additions to Designated Historic Resources may be allowed in Unified Adaptive Reuse Projects providing affordable housing, as set forth in Section 12.22 A.26.(i)(2) of this Code below; and shall be reviewed pursuant to Section 91.106.4.5 of this Code and Section 22.171 et seq. of the Los Angeles Administrative Code.
(4) Zoning Administrator Review – Class 1 Conditional Use. The Zoning Administrator shall review and approve the following Adaptive Reuse Projects pursuant to Section 12.24 X.1. and Section 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code:
(i) Adaptive Reuse Projects involving building(s) for which at least five years and less than 15 years have elapsed since the date of permitted and completed construction;
(ii) Adaptive Reuse Projects involving building(s) or parking building(s) for which at least 15 years have elapsed since the date of permitted and completed construction, and which are requesting incentives not listed in Sections 12.22 A.26.(h) or 12.22 A.26.(i);
(iii) Unified Adaptive Reuse Projects that request floor area averaging, transfer of residential density, or both, and, which do not meet the requirements of Section 12.22 A.26.(i) of this Code, shall be reviewed pursuant to Section 12.24 X.1.(c)(3) of this Code; and
(iv) Adaptive Reuse Projects located in the MR1, MR2, M1, M2, and M3 Zones within the boundaries of the Adaptive Reuse Subareas.
(5) Class 3 Conditional Use. Adaptive Reuse Projects involving a change of use from a Non-Residential Use to a Hotel located within the boundaries of the Adaptive Reuse Subareas shall be reviewed and approved pursuant to Section 12.24 U.4. of Chapter I and Section 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code.
(6) Review of Adaptive Reuse Projects in the Coastal Zone. Adaptive Reuse Projects located in the Coastal Zone shall be subject to any applicable Coastal Development Permit procedures pursuant to Section 13B.9.1. of Chapter 1A of this Code.
(g) Project Area. The provisions of the Citywide Adaptive Reuse Ordinance shall apply within the City, except for the Downtown Community Plan Area, and other areas of the City that become subject to the standards in Chapter 1A of this Code through a Community Plan update. Adaptive Reuse Projects within the Downtown Community Plan Area shall be subject to Section 9.4.5 (Downtown Adaptive Reuse Program) of Chapter 1A of this Code; and other areas of the City that become subject to the standards in Chapter 1A of this Code through a Community Plan update, shall be subject to Section 9.4.6 (Citywide Adaptive Reuse Program) of Chapter 1A of this Code.
(h) Incentives. Notwithstanding any other provisions of this Code to the contrary, an Adaptive Reuse Project shall be entitled to the incentives in Subparagraphs (1) through (15) below.
(1) Rooftop Amenity Structures. An Adaptive Reuse Project may construct new rooftop amenity structures on the existing roof, whether on the uppermost or on multiple roof levels. Such rooftop amenity structures shall not constitute new floor area or height. The construction of new rooftop amenity structures shall meet all other Los Angeles Municipal Code requirements and shall:
(i) Be constructed and maintained for the sole purpose of providing additional amenities or open space for the use of all residents or guests, such as fitness rooms, lounges, or shade structures; and
(ii) Shall not exceed one story in height.
(2) Intermediate Levels. An Adaptive Reuse Project may include an intermediate level or levels between the floor and ceiling of any existing permitted story, including mezzanines. Such intermediate levels shall not constitute new floor area if they are added entirely within the existing building envelope.
An intermediate level may consist of either a partial or full floor, and the clear height above and below the intermediate level shall be compliant with the requirements of California Building Code Section 1208.2, as adopted and amended by the City in Chapter IX of this Code.
(3) Density. New Residential Uses shall not be subject to the minimum lot area per Dwelling Unit requirements, or minimum lot area per Guest Room requirements, of the zone in which they are located.
(4) Minimum Unit Size. Adaptive Reuse Projects shall be exempt from any minimum unit size zoning requirements. Dwelling Unit or Guest Room sizes shall be subject to all other Los Angeles Building Code and Los Angeles Fire Code requirements that regulate room size to protect health, life safety, and/or habitability.
(5) Off-Street Automobile Parking and Bicycle Parking. As part of an Adaptive Reuse Project, any off-street automobile parking space or spaces that exist in excess of current parking requirements may be converted to a Residential Use, residential amenities, or other uses as allowed by this subdivision in addition to any uses allowed by the underlying zone. The required number of parking spaces shall be the same as the number of spaces that are observed to physically exist on the site at the time of application submittal for the Adaptive Reuse Project. Observed existing parking spaces that are maintained in their current configuration shall otherwise be exempt from the provisions of Sections 12.21 A.4. and 12.21 A.5. of this Code. Reconfiguration of such existing parking spaces to bring the parking layout up to current standards, such as for the purposes of improving safety or access, or to accommodate required structural, seismic or mechanical system upgrades, shall also be exempt from the requirements of Sections 12.21 A.4. and 12.21 A.5. of this Code.
All new parking spaces provided in excess of the minimum parking required by the Code shall comply with Section 12.21 A.5. of this Code. However, any combination of standard, compact or tandem spaces may be provided for parking spaces above the number of spaces observed to physically exist at the time of application. New tandem parking spaces created pursuant to this paragraph may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times the parking area is open for use.
The total number of parking spaces required shall be calculated based on the Adaptive Reuse Project’s proposed number of Dwelling Units, Efficiency Dwelling Units, Supportive Housing, Dormitories, Live/Work Units, Joint Living and Work Quarters, or Guest Rooms, and any other remaining Non-Residential Uses. Should the total number of parking spaces be less than the number of observed spaces that physically exist at the time of application submittal, then the project may reduce the parking spaces to the number of spaces required under the parking calculation.
Adaptive Reuse Projects subject to the parking exemptions under Government Code Section 65863.2 shall still provide electrical vehicle parking spaces, (EV) supply equipment and parking spaces accessible to persons with disabilities, according to the EV and accessible parking standards in this Chapter and the Los Angeles Green Building Code. The total number of new EV and accessible parking spaces shall be based on the total number of parking spaces provided in the Adaptive Reuse Project.
Adaptive Reuse Projects shall not be subject to the Bicycle Parking Ordinance for Residential Uses, codified at Section 12.21 A.16. of Chapter I or Division 4C.3 of Chapter 1A of this Code. However, the required number of bicycle parking spaces shall be the same as the number of spaces that physically existed on the lot at the time that the application for the Adaptive Reuse Project was submitted. If the total bicycle parking is separately calculated based on the Adaptive Reuse Project’s proposed number of Dwelling Units, Efficiency Dwelling Units, Supportive Housing, Dormitories, Live/Work Units, Joint Living and Work Quarters, or Guest Rooms, and the calculated bicycle parking requirement is less than the number of bicycle parking spaces that exist on the lot, then the number of existing bicycle parking spaces may be reduced to the number of bicycle parking spaces required under the parking calculation.
(6) Floor Area. Existing, permitted floor area that exceeds the floor area permitted by the zone, height district, specific plan, supplemental use district, or any other citywide provision of Chapter I of this Code shall be allowed to remain. The following shall not constitute new floor area that enlarges an existing building or parking building:
(i) A change of use of any area within the envelope of an existing building to Residential Use;
(ii) The change of use of any area within the envelope of an existing building to common amenities or open space areas for residents or guests, or to other incidental Accessory Use; or
(iii) All other areas exempted from floor area calculation, pursuant to Section 12.21.1 A.5. of this Code.
(7) Floor Area Reallocation. An Adaptive Reuse Project may remove existing permitted floor area from an existing building to create new interior light wells or courtyards, recessed balconies or other open space inset from exterior walls, or other such features that provide natural light and ventilation and improve habitability. Any amount of existing permitted floor area removed from an existing building may be reallocated to building additions that extend or increase the gross floor area outside the envelope of an existing building but do not increase the number of stories or height of the structure. Any addition resulting from this reallocation shall be eligible for incentives under Section 12.22 A.26.(h) provided that the addition meets all requirements of Chapter I of this Code for new residential construction, including, but not limited to, required open space, yards, and height.
Figure 12.22 A.26.(h)(7)(i):
Example of Reallocation of Existing Floor Area
(8) Height. Notwithstanding any current height limit of the underlying zone, height district, specific plan, supplemental use district, or any other applicable citywide provision of Chapter I of the Code, an existing permitted building that is part of an Adaptive Reuse Project shall be allowed to maintain its existing permitted height.
Any additional story created entirely within an existing permitted building, which is part of an Adaptive Reuse Project, shall be exempt from any limit on the number of stories imposed by Chapter I of this Code. New rooftop amenity structures located on the existing roof, pursuant to Section 12.22 A.26.(h)(1) of this Code, or additional stories added pursuant to Section 12.22 A.26.(i)(2) of this Code, shall be exempt from the maximum allowable height or number of stories established in the underlying zone or overlay.
(9) Yards. An existing yard that is non-conforming to current yard requirements of the zone, specific plan, supplemental use district, or any other citywide provision of this chapter, and was created by a permitted structure, shall be allowed to remain.
(10) Step-backs and Transitional Height. An existing permitted building that is part of an Adaptive Reuse Project shall be exempt from any applicable upper story or building mass provisions established by the zone, height district, specific plan, supplemental use district, or any other citywide provision of this chapter.
(11) Open Space and Landscaping. An existing permitted building that is part of an Adaptive Reuse Project shall be exempt from any common or private open space requirements that a change of use would otherwise require. However, if an existing building site includes open, outdoor gathering areas such as plazas, courtyards, terraces, or roof gardens, then at least 50 percent of this existing open space shall be retained.
New landscaping shall not be required in an Adaptive Reuse Project, except that public realm improvements shall be provided in the form of new street trees in accordance with the standards of Point 1.2 a., of the Landscape and Site Design Ordinance Point System, referenced in Section 12.40 of this Code.
(12) Mini-Shopping Center and Commercial Corner Development Regulations. An Adaptive Reuse Project shall be exempt from the mini-shopping center and commercial corner development regulations set forth in Section 12.22 A.23. of this Code.
(13) Project Review. An Adaptive Reuse Project shall be exempt from Project Review under Section 13B.2.4. of Chapter lA of the Code.
(14) Loading Space. Where an existing loading space is provided, such space may be retained and shall be allowed to maintain its current, existing dimensions, notwithstanding the provisions of Section 12.21 C.6. of this Code. If no loading space exists, then no loading space shall be required for the development of an Adaptive Reuse Project.
(15) Commercial Tenant Preservation or Retention.
(i) An Adaptive Reuse Project that preserves or retains an active ground floor use shall be eligible for exemption from the calculation of floor area as provided in this paragraph. Up to 1,500 square feet of active uses located on the ground floor shall be exempt from the calculation of floor area, provided that the exempted ground floor space meets all the following requirements:
a. Active space shall be designed and intended for Neighborhood Retail and Service Uses. Areas for circulation, storage, mechanical equipment, automobile parking, lobbies, mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15 percent of an area designated as an active use.
b. The project shall provide ground floor transparency of at least 60 percent along the primary Frontage, except that existing commercial tenants retained in place shall comply with the provisions of Section 12.22 A.26.(d)(6) of this Code.
c. The project shall provide a ground floor entrance, at minimum, for every 50-foot interval along the front property line that provides both ingress and egress pedestrian access to the ground floor of the building, except that existing commercial tenants retained in place shall be exempt from this requirement.
(ii) Any Adaptive Reuse Project that preserves or retains a Legacy Small Business shall receive a floor area ratio bonus equivalent to two times the existing square floor area of the Legacy Small Business.
When new construction retains a Legacy Small Business or multiple Legacy Small Businesses on the ground floor of a development, either by preservation of the tenant spaces or by the leasing of new tenant spaces to Legacy Small Businesses, the floor area of those Legacy Small Businesses may be exempted from the total floor area calculation of the new construction. Proof of retention to the satisfaction of the City shall be required, and may be satisfied with: a legible, signed, and dated copy of a lease agreement; a recorded covenant in a form approved by the City; and a written, signed confirmation of the Legacy Small Business owner.
(i) Incentives for Unified Adaptive Reuse Projects Providing Affordable Housing. In addition to the incentives offered under Section 12.22 A.38. or Section 12.22 A.39. of this Code, and the incentives in Paragraph (h) above, a qualifying Unified Adaptive Reuse Project that provides the required affordable housing may use one or both of the following incentives.
(1) Type I Unified Adaptive Reuse Projects: Unlimited Density Bonus for New Construction. A Unified Adaptive Reuse Project may use unlimited density for the new construction consistent with the eligibility standards and other provisions of Sections 12.22 A.38.(e)(2), 12.22 A.38.(f)(2), and 12.22 A.39.(c)(9) of this Code.
Type I Unified Adaptive Reuse Projects shall be subject to all of the following:
(i) Accessible Amenities. All site amenities, whether located in the existing building(s) or as an expansion of new floor area, shall be accessible to all occupants. Access to amenities for Restricted Affordable Units shall comply with Section 16.61 of this Code, including the Fair Housing Requirements for Affordable Housing.
(ii) Designated Historic Resources or Surveyed Historic Resources. For buildings listed as Designated Historic Resources or Surveyed Historic Resources that are part of a Unified Adaptive Reuse Project, the existing floor area, up to a maximum of 50,000 square feet, shall be exempt from the maximum floor area limit for the lot or lots. However, this incentive shall not be used if the Unified Adaptive Reuse Project involves any demolition or facade alteration, of any portion of a Designated Historic Resource or Surveyed Historic Resource, that does not comply with the Secretary of the Interior's Standards.
(iii) Restricted Affordable Units. The required number of Restricted Affordable Units in the Unified Adaptive Reuse Project shall be provided according to the applicable provisions of Sections 12.22 A.38.(c) or 12.22 A.39.(c) of this Code.
(iv) Floor Area Averaging and Transfer of Residential Density. A Unified Adaptive Reuse Project shall be permitted to use floor area averaging, transfer of residential density, or both. All owners of the property requesting floor area averaging, transfer of residential density, or both, and all owners of each lot contained in the Unified Adaptive Reuse Project shall execute and record a covenant and agreement against each subject lot. A copy of each executed and recorded covenant and agreement shall be filed with the Los Angeles City Planning Development Services Center. Each covenant shall run with the land, be approved by the Director or their designee prior to the issuance of any building permits, and guarantee the following: the use of any floor area converted to a Residential Use shall be maintained and not changed; all occupants of the Unified Adaptive Reuse Project shall have equal access to all site amenities; and the pedestrian circulation between buildings and site amenities shall be maintained and not reduced.
Figure 12.22 A.26(i)(1)(iv)a.:
Example of a Type I Unified Adaptive Reuse Project with New Construction on the Same Lot
Figure 12.22 A.26(i)(1)(iv)b.:
Example of Type I Unified Adaptive Reuse with New Construction Directly Across the Street or Alley from a Lot
(v) Termination of Approval. An applicant utilizing any of the incentives of this Paragraph must have a building permit plan check application deemed complete for the entirety of the Unified Adaptive Reuse Project within seven years of obtaining any Administrative Review approval for the Unified Adaptive Reuse Project. Failure to do so shall result in the Administrative Review approval becoming null and void with no further force or effect, and all subsequent project phases shall be subject to a Class 1 Conditional Use approval process described in Section 13B.2.1 of Chapter 1A of this Code.
(2) Type II Unified Adaptive Reuse Projects: Density Bonus for Two Additional Stories. A Unified Adaptive Reuse Project shall be eligible for up to a two-story addition to the uppermost floor of the existing permitted building. Such addition shall be exempt from floor area or height limitations, and shall be subject to all the following:
(i) Limitation. The two additional stories shall be limited to either two stories above existing conditions or two stories above the maximum height allowed by the project site's underlying zone, whichever is greater.
Figure 12.22 A.26(i)(2)(i)a.:
Type II Unified Adaptive Reuse with Two Additional Stories
(ii) Additional Floor Area and Height. A project utilizing this incentive shall be eligible for additional FAR and height incentives as described in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i) of Section 12.22 A.38. and Table 12.22 A.39.(e)(1) of Section 12.22 A.39. of this Code, only if used in conjunction with a Type I Unified Adaptive Reuse Project.
(iii) Restricted Affordable Units. Restricted Affordable Units included in the two additional stories shall be provided according to the affordability percentages listed under Section 19.18 B.2.(b) of this Code, shall meet the affordable housing requirements under Section 16.61 of this Code, and shall meet the Fair Housing Requirements for Affordable Housing. The required percentage of Restricted Affordable Units shall be based upon the complete number of residential units proposed in the new floor area within the additional stories.
(j) Adaptive Reuse Projects Filed Pursuant to State Law. For projects filed pursuant to California Government Code Section 65913.12, an extremely affordable adaptive reuse project, as defined by that statute, in any zone may be allowed to use the incentives in Sections 12.22 A.26.(h) and 12.22 A.26.(i) of this Code. To qualify as an extremely affordable adaptive reuse project, the project shall meet all of the affordability criteria under Section 65913.12(a)(3)(D) of the California Government Code, as defined on the date of adopting this paragraph.
Exception: Any extremely affordable adaptive reuse project on a site, adjoining a site, or across a street or alley from a site where more than one-third of the square footage on the site is dedicated to industrial uses shall not be eligible for the provisions of this paragraph. For purposes of Paragraph (j), the term “dedicated to industrial uses” shall have the same meaning as that term is defined in Section 65913.12(a)(1) of the California Government Code, as defined on the date of adopting this paragraph.
(k) Uses. Notwithstanding the nonconforming provisions of Section 12.23 of this Code, or the provisions concerning the location of Accessory Buildings under Section 12.21 C.5. of this Code, all new Residential Uses shall be allowed in Adaptive Reuse Projects, so long as the use is allowed by the underlying zone or approved under Section 12.24 X.1. and Section 13B.2.1 (Class 1 Conditional Use Permit) of this Code.
(l) Relationship to Specific Plans and Supplemental Use District Ordinances. Unless otherwise stated in this subdivision, Adaptive Reuse Projects, aside from any expansion of new floor area as part of a Unified Adaptive Reuse Project, shall not be subject to zoning regulations found in specific plans and supplemental use districts, including, but not limited to, the Ordinances listed below:
(1) Alameda District Specific Plan (171,139)
(2) Avenue 57 Transit Oriented District (174,663)
(3) Bunker Hill Specific Plan (182,576)
(4) Central City West Specific Plan (166,704)
(5) Century City North Specific Plan (156,122)
(6) Century City West Specific Plan (186,370)
(7) Century City South Specific Plan (168,862)
(8) Coastal Bluffs Specific Plan (170,046)
(9) Coliseum District Specific Plan (185,042)
(10) Colorado Boulevard Specific Plan (178,098)
(11) Cornfield Arroyo Seco Specific Plan (182,617)
(12) Crenshaw Corridor Specific Plan (184,795)
(13) Devonshire / Topanga Corridor Specific Plan (168,937)
(14) District No-Ho Specific Plan (188,144)
(15) Exposition Corridor Transit Neighborhood Plan (186,402)
(16) Foothill Boulevard Corridor Specific Plan (170,694)
(17) Girard Tract Specific Plan (170,774)
(18) Glencoe / Maxella Specific Plan (171,946)
(19) Granada Hills Specific Plan (184,296)
(20) Hollywoodland Specific Plan (168,121)
(21) Jordan Downs Urban Village Specific Plan (184,346)
(22) Los Angeles International Airport (LAX) Specific Plan (185,164)
(23) Los Angeles Sports and Entertainment District Specific Plan (181,334)
(24) Loyola Marymount University Specific Plan (181,605)
(25) Mt. Washington / Glassell Park Specific Plan (168,707)
(26) Mulholland Scenic Parkway Specific Plan (167,943)
(27) North University Park Specific Plan (158,194)
(28) North Westwood Village Specific Plan (163,202)
(29) One San Pedro (188,594)
(30) Oxford Triangle Specific Plan (170,155)
(31) Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371)
(32) Paramount Pictures Specific Plan (184,539)
(33) Park Mile Specific Plan (162,530)
(34) Playa Vista Area D Specific Plan (176,235)
(35) Porter Ranch Land Use / Transportation Specific Plan (185,903)
(36) San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736)
(37) San Pedro Specific Plan (166,352)
(38) San Vicente Scenic Corridor Specific Plan (173,381)
(39) Television City 2050 (188,467)
(40) University of Southern California University Park Campus Specific Plan (182,343)
(41) Valley Circle Boulevard/Plummer Street Scenic Corridor Specific Plan (151,615)
(42) Valley Village Specific Plan (168,613)
(43) Venice Coastal Zone Specific Plan (175,693)
(44) Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052)
(45) Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749)
(46) Warner Center 2035 Plan (182,766)
(47) Westwood Community Multi-Family Specific Plan (163,203)
(48) Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644)
(49) Wilshire - Westwood Scenic Corridor Specific Plan (155,044, 176,416)
(50) Hollywood CPIO (Ordinance No. TBD)
(51) San Pedro CPIO District (185,539)
(52) South Los Angeles CPIO District (185,927)
(53) Southeast Los Angeles CPIO District (185,925)
(54) Sylmar CPIO District (184,268)
(55) West Adams - Baldwin Hills - Leimert CPIO District (184,794)
(56) Westchester - Playa del Rey CPIO District (187,155)
(57) Broadway Theater and Entertainment District Design Guide (180,871)
(58) Canoga Park - Commercial Corridor CDO District (174,519)
(59) Cypress Park & Glassell Park CDO (108,561)
(60) Downtown Canoga Park CDO District (173,508)
(61) Downtown Westchester CDO District (179,907)
(62) Echo Park CDO District (180,880)
(63) Fletcher Square CDO District (178,157)
(64) Lincoln Boulevard CDO District (179,906)
(65) Lincoln Heights CDO District (176,658)
(66) Little Tokyo CDO District (183,011)
(67) Loyola Village CDO District (180,797)
(68) Miracle Mile CDO District (176,331)
(69) Pacoima CDO District (175,545)
(70) Panorama City CDO (175,549)
(71) Reseda Central Business District CDO District (176,557)
(72) Sun Valley CDO District (174,398)
(73) Toluca Lake Village CDO (184,366)
(74) Van Nuys Central Business District CDO District (174,420)
(75) West Wilshire Boulevard CDO District (174,161)
(76) Atwater Village POD (173,676)
(77) Westwood / Pico NOD (171,859)
(78) Westwood Boulevard POD (174,260)
(79) Redevelopment Plan Areas (186,325)
27. Reasonable Accommodation – Fair Housing Protections for Individuals with Disabilities. See Sec. 13B.5.5. (Reasonable Accommodation) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
28. Automotive Use. (Added by Ord. No. 178,382, Eff. 3/24/07.) In the C2 or less restrictive zones, a new automotive use, change of use or addition of floor area to an existing automotive use may be established without first obtaining an approval pursuant to Section 12.24 W.4. of this Code if the development standards set forth in Paragraph (a) and the operating conditions set forth in Paragraph (b) of this subdivision are met. Notwithstanding the above, new automobile dealership franchises, and their associated activities, are exempt from the requirements of this subdivision.
(a) Development Standards.
(1) Windows. The exterior walls and doors of any building, excluding bay doors and/or security grills, housing an automotive use, which are parallel to a street, shall consist of at least 50 percent transparent windows, unless otherwise prohibited by law.
(2) Bay Doors. Bay doors or vehicle entrances, exits and openings shall not face any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone that is within 100-feet from the face of the building containing the bay door, vehicle entrance, exit or opening.
(3) Wash Rack. Every wash rack shall be constructed or arranged so that entrances, exits and openings shall not face any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone within 100-feet of the side of the building containing the bay door, vehicle entrance, exit or opening.
(4) Fences. Fences or walls erected along the front lot line shall not exceed 36-inches in height.
(5) Automotive hoists. Automotive hoists of any type or size, shall be located and operated only inside a building enclosed on at least three sides.
(6) Signs.
(i) In addition to the requirements set forth in Sections 91.6201 et seq. of this Code, no person shall erect a pole sign or projecting sign, as defined in Section 91.6203 of this Code, on the lot or lots without first obtaining a conditional use permit pursuant to Section 12.24 W.4. of this Code.
(ii) Monument signs and information signs may only be located within the landscape-planted areas of the lot or lots.
(7) Utilities. All new utility lines which directly service the lot or lots shall be installed underground. If underground service is not available at the time the application is submitted and fees paid for plan check, then provisions should be made for future underground service to the satisfaction of the Bureau of Engineering, if determined necessary by the Department of Water and Power.
(8) Walls and Trash Storage. A solid masonry wall at least six feet in height shall be erected along the lot lines of the lot or lots where the lot or lots abut or are across an alley from any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone, except for that portion of the lot line where an access driveway is required by the City as determined by the Department of Building and Safety. Trash storage bins shall be located within a gated enclosure constructed of solid masonry and finished to match the exterior wall materials of the main building.
(9) Landscaping. All landscaping shall comply with Sections 12.41, 12.42 and 12.43 of this Code and the following requirements:
(i) Landscaping – Setback. A landscaped, planted area having a minimum width of five feet shall be required along all street frontages of the lot or lots, except for that portion of the lot line where an access driveway is required by the City as determined by the Department of Building and Safety, and on the perimeters of all parking areas of the lot or lots that abut a residential zone or use.
(ii) Irrigation System. An automatic irrigation system shall be provided for all landscaped, planted areas. The system shall be installed and operational prior to the issuance of any certificate of occupancy.
(10) Lighting. All exterior and flood lighting shall be directed onto the lot or lots and shall be designed to eliminate any glare to adjoining properties.
(b) Operating Conditions.
(1) Spray painting shall not be conducted.
(2) Junkyard or automobile dismantling activities shall not be conducted.
(3) Public address system shall not be permitted.
(4) Site cleaning, sweeping, trash collection, and deliveries to the site shall be limited to the following hours: Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday and Sunday 8:00 a.m. to 5:00 p.m. Notwithstanding the above, trash collection shall not be allowed on Sundays or legal holidays.
(5) Hours of operation shall be limited to: Monday through Friday, 7:00 a.m. to 7:00 p.m.; Saturday, 9:00 a.m. to 8:00 p.m.; and Sunday, 11:00 a.m. to 8:00 p.m.
(6) All loading, including those of vehicles, shall occur on-site.
(7) Vehicles being repaired shall be stored on-site. Any off-site parking shall comply with Section 12.21 A.6. of this Code.
(8) Accessory sales activities shall not occur outside a fully enclosed building.
(9) Trailers and/or temporary modular buildings shall not be permitted as a work area.
(10) Arcades or game machines shall not be permitted.
(11) Temporary canopy tents shall not be permitted when the tents are visible from the street.
(12) The site where the automotive use is located shall be kept clear of weeds, rubbish, and all types of litter and combustible materials at all times. One trash receptacles shall be located for every 200 square feet of open space and shall be uniformly distributed throughout the open areas of the site.
(13) Any automotive laundry or wash rack, in which power driven or steam cleaning machinery is used, shall maintain noise levels below the levels provided in Table II of Section 111.03 of this Code. The comparison between the noise emanating from the automotive laundry or wash rack and from Table II shall be made in the manner set forth in Section 111.02(a) of this Code.
(14) Any automotive sound shop or automotive alarm shop shall be wholly conducted within a fully enclosed building. No portion of the building or its associated parking area shall be within 50 feet of any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, A or R zoned lot.
(15) All operational conditions imposed by the Department of Building and Safety in its annual inspections of automotive repair and used vehicle sales area pursuant to Section 12.26 I. of this Code shall be followed.
(16) On-site pennants, banners, ribbons, streamers, spinners, balloons and supergraphic signs are prohibited.
(17) All windows and glass doors shall be maintained free of any signs.
(18) Covenant. Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of Planning, acknowledging that the owner shall implement each of the conditions set forth in this paragraph, and shall not permit the establishment of any uses enumerated in Section 12.24 W.4. of this Code without first obtaining a conditional use approval. The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners. The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.
(c) Existing Building Changed to Automotive Use and/or an Existing Automotive Use Being Expanded or Remodeled. An existing building or buildings may be converted or an existing automotive use may be expanded without first obtaining a conditional use approval if all of the following requirements are met:
(1) All alterations result in no more than a 20 percent increase in the existing floor area of all of the buildings on a lot or lots cumulatively over the previous five years.
(2) The proposed automotive use complies with all the conditions of operation of Paragraph (b) above.
(3) Any reuse of an existing structure that is required to go through a CUP process shall have all standards established by the Zoning Administrator.
(d) Specific Plan Compliance. Notwithstanding any other provision of this Code to the contrary, if the Director determines that the provisions of this subdivision conflict with those of an adopted Specific Plan, pedestrian oriented, commercial and artcraft, community design overlay, historic preservation overlay or transit-oriented district, area or zone, then the provisions of that Specific Plan, district, area or zone shall prevail.
29. Floor Area Bonus for the Greater Downtown Housing Incentive Area. (Added by Ord. No. 179,076, Eff. 9/23/07.)
(a) Definitions.
Area Median Income (AMI) - the median income in the Los Angeles County as determined annually by the United States Department of Housing and Urban Development (HUD), or any successor agency, adjusted for household size.
Floor Area Bonus - an increase in floor area greater than the otherwise maximum allowable floor area, as set forth in Section 12.21.1 of the Code.
Income, Very Low, Low or Moderate - annual income of a household that does not exceed amounts designated for each income category as determined by HUD, or any successor agency.
Income, Workforce - the annual income of a household that does not exceed 150% of the Area Median Income as determined by HUD, or any successor agency.
Restricted Affordable Unit - a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Very Low, Low, Moderate or Workforce Income households, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(b) Eligibility for Floor Area Bonus. A residential (including Apartment Hotel and mixed-use) building in the Greater Downtown Housing Incentive Area containing the requisite number of Restricted Affordable Units as determined by the Department of City Planning and as set forth in Subparagraphs (1), (2) and (3) below shall be granted the following incentives in accordance with Paragraph (c) below:
(1) 5% of the total number of dwelling units shall be provided for Very Low Income households; and
(2) One of the following shall be provided:
(i) 10% of the total number of dwelling units for Low Income households; or
(ii) 15% of the total number of dwelling units for Moderate Income households; or
(iii) 20% of the total number of dwelling units for Workforce Income households.
(3) Any dwelling unit or guest room occupied by a household earning less than 50% of the Area Median Income that is demolished or otherwise eliminated shall be replaced on a one-for-one basis within the Community Plan Area in which it is located.
(4) Fractional Units. In calculating Restricted Affordable Units, any number resulting in a fraction shall be rounded up to the next whole number.
(c) Incentives.
(1) A 35% increase in total floor area. In computing the total floor area of a residential building or residential portion of a building, any public area accessible to all residents, including public common areas that serve both residential and commercial uses, and any unenclosed architectural features and areas of a building shall not be considered part of the total floor area of a residential or residential portion of a building. The floor area shall be measured to the center line of partitions separating public and non-public common areas.
(2) The open space required by Section 12.21 G. of this chapter shall be reduced by one-half, provided that a fee equivalent to the amount of the relevant park fee, pursuant to Section 19.17, shall be paid for all dwelling units, with the following exception: units qualifying under Section 12.33 C.3.(d) shall be allowed to reduce the open space requirement by one-half without payment of such fee. The in-lieu fee shall be placed in a trust fund with the Department of Recreation and Parks for the purpose of acquisition, development and maintenance of open space and/or streetscape amenities within the Greater Downtown Housing Incentive Area, and within the Community Plan Area in which the project is located. The in-lieu fee is independent of any required park and recreation impact fee. (Amended by Ord. No. 184,505, Eff. 1/11/17.)
(3) No parking space shall be required for dwelling units or guest rooms dedicated to or set-aside for households that earn less than 50% of the Area Median Income as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) No more than one parking space (including spaces allocated for guest parking) shall be required for each dwelling unit.
(d) Covenant. Prior to issuance of a building permit to create a residential or mixed- use building or an Apartment Hotel, the following shall apply:
(1) For any project qualifying for a Floor Area Bonus that contains rental housing for Low, Very Low, Moderate or Workforce Income households, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for at least 55 or 99 years as specified in Section 16.61 A. of this Code, from the issuance of the Certificate of Occupancy. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
(2) For any project qualifying for a Floor Area Bonus that contains for-sale housing for Moderate or Workforce Income households, a covenant acceptable to the Los Angeles Housing Department and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
30. Downtown Design Guide. (Deleted by Ord. No. 188,420, Eff. 1/20/25, Oper. 1/27/25.)
31. Transit Oriented Communities Affordable Housing Incentive Program. (Initiative Ordinance 184,745, adopted by the voters on 11/8/16.)
(a) Application of TOC Affordable Housing Incentive Program. This Transit Oriented Communities Affordable Housing Incentive Program, and the provisions contained in the TOC Affordable Housing Incentive Program Guidelines, shall apply to all Housing Developments that are located within a one-half mile radius of a Major Transit Stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code. Each one-half mile radius around a Major Transit Stop shall constitute a unique Transit Oriented Communities Affordable Housing Incentive Area.
(b) Preparation and Content of TOC Incentive Guidelines. Within 90 days of enactment of this Ordinance, the Director of Planning shall prepare TOC Affordable Housing Incentive Program Guidelines (“TOC Guidelines”) that provide the eligibility standards, incentives, and other necessary components of this TOC Incentive Program described herein. Nothing in the TOC Guidelines shall restrict any right authorized in the underlying zone or height district. The TOC Guidelines shall be drafted consistent with the purposes of this Subdivision and shall include the following:
(1) Eligibility for TOC Incentives. A Housing Development located within a TOC Affordable Housing Incentive Area shall be eligible for TOC Incentives if it provides minimum required percentages of On-Site Restricted Affordable Units, meets the applicable replacement requirements of Section 16.60 of this Code, and does not seek or receive a density or development bonus under the provisions of California Government Code Section 65915 or any other State or local program that provides development bonuses. Minimum required percentages of On-Site Restricted Affordable Units shall be determined by the Department of City Planning and set forth in the TOC Guidelines at rates that meet or exceed 11% of the total number of dwelling units affordable to Very Low income households; or 20% of the total number of dwelling units affordable to Lower Income households. The Department of City Planning shall also establish an option for a Developer to qualify for the TOC Incentives by providing a minimum percentage of units for Extremely Low Income Households, which shall be set at no less than 7%. In calculating the required Restricted Affordable Units, the percentage shall be based on the total final project unit count, and any number resulting in a fraction shall be rounded up to the next whole number. In creating the TOC Guidelines, the Department of City Planning shall identify incentives for projects that adhere to the labor standards required in Section 5 of this Ordinance provided, that no such incentives will be created that have the effect of undermining the affordable housing incentives contained herein or in Government Code Section 65915. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
(2) TOC Incentives. An Eligible Housing Development shall be granted TOC Incentives, as determined by the Department of City Planning consistent with the following:
(i) Residential Density increase. An Eligible Housing Development shall be granted increased residential density at rates that shall meet or exceed a 35% increase. In establishing the density allowances, the Department of City Planning may allow adjustments to minimum square feet per dwelling unit, floor area ratio, or both, and may allow different levels of density increase depending on the Project’s base zone and density.
(ii) Parking. An Eligible Housing Development shall be granted parking reductions consistent with California Government Code Section 65915(p).
(iii) Incentives and Con- cessions. An Eligible Housing Development may be granted up to either two or three incentives or concessions based upon the requirements set forth in California Government Code Section 65915(d)(2).
(c) Approval of TOC Guidelines and Incentives. The City Planning Commission shall review the TOC Guidelines and shall by vote make a recommendation to adopt or reject the TOC Guidelines.
(d) Process for Changing TOC Incentives and Eligibility. The TOC Incentives and the required percentages for On-Site Restricted Affordable Units may be adjusted for an individual TOC Affordable Housing Incentive Area through a Community Plan update, Transit Neighborhood Plan, or Specific Plan, provided that the required percentages for On-Site Restricted Affordable Units may not be reduced below the percentages set forth in subdivision (b).
(e) Procedures. Application for the TOC Incentives shall be made on a form provided by the Department of City Planning, and shall follow the procedures outlined in Los Angeles Municipal Code Section 12.22 A.25.(g).
(f) Covenant. Prior to issuance of a building permit to create a Housing Development, the following shall apply:
(1) For any Housing Development qualifying for a TOC Incentive that contains rental housing for Extremely Low, Very Low, or Lower Income households, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for 55 or 99 years as specified in Section 16.61 A. of this Code. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
(2) For any Housing Development qualifying for a TOC Incentive that contains for-sale housing, a covenant acceptable to the Los Angeles Housing Department and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
(g) Definitions.
“Eligible Housing Development” shall mean a Housing Development that includes On-Site Restricted Affordable Units at a rate that meets or exceeds the minimum requirements to satisfy the TOC Incentives, as determined by the Department of City Planning and as set forth in paragraph (b)(1) above.
“Extremely Low-Income Households” is defined in Section 50106 of the Health and Safety Code.
“Housing Development” shall mean the construction of five or more new residential dwellings units, the addition of five or more residential dwelling units to an existing building or buildings, the remodeling of a building or buildings containing five or more residential dwelling units, or a mixed use development containing residential dwelling units.
“Lower Income Households” is defined in Section 50079.5 of the Health and Safety Code.
“On-Site Restricted Unit” shall mean a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Extremely Low, Very Low, or Lower income households, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
“Very Low-Income Households” is defined in Section 50105 of the Health and Safety Code.
32. Home-Sharing. (Added by Ord. No. 185,931, Eff. 7/1/19.) In all zones wherein residential uses are permitted by right, the following shall apply:
(a) Purpose. The purpose of this subdivision is to allow for the efficient use and sharing of a residential structure which is a Host’s Primary Residence, without detracting from the surrounding residential character or the City’s available housing stock.
(b) Definitions. The following definitions shall apply to this subdivision:
(1) Administrative Guidelines. The Department of City Planning or Office of Finance may promulgate regulations, which may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, enforcement procedures, and disclosure requirements, to implement the provisions, and consistent with the intent, of this subdivision.
(2) Booking Service. Any reservation and/or payment service provided by a Person that facilitates a Short-Term Rental transaction between a Person and a prospective guest or Transient user, and for which the Person collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment of services provided for the transaction.
(3) Citation. Includes any enforcement citation, order, ticket or similar notice of violation, relating to the condition of or activities at a Person’s Primary Residence or property, issued by the Los Angeles Department of Building and Safety, Los Angeles Housing Department, Los Angeles Police Department or Los Angeles Fire Department, including an Administrative Citation issued pursuant to Article 1.2 of the Los Angeles Municipal Code. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) Extended Home-Sharing. Home-Sharing that is permitted for an unlimited number of days in a calendar year.
(5) Hosting Platform. A Person that participates in Short-Term Rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a Booking Service transaction using any medium of facilitation.
(6) Host. An individual who is registered for Home-Sharing as the term is defined in Section 12.03 of this Code.
(7) Person. Shall have the same meaning as that term is defined in Section 21.7.2 of this Code.
(8) Platform Agreement. A signed agreement between a Home-Sharing Hosting Platform (Platform) and the City, which, among other things, provides that the Platform will collect and submit the Transient Occupancy Tax to the City on behalf of Hosts and Persons listed for Short Term Rentals.
(9) Primary Residence. The sole residence from which the Host conducts Home-Sharing and in which the Host resides for more than 6 months of the calendar year.
(10) Rental Unit. A Dwelling Unit, Guest Room, Accessory Living Quarters, other residential structure, or portion thereof.
(11) Short-Term Rental. A Rental Unit, rented in whole or in part, to any Person(s) for transient use of 30 consecutive days or less. Rental Units within City- approved Hotels, motels, Transient Occupancy Residential Structures and Bed and Breakfasts shall not be considered a Short-Term Rental.
(12) Transient. Shall have the same meaning as that term is defined in Section 21.7.2 of this Code.
(c) Home-Sharing Registration.
(1) Application. To register for Home-Sharing, an applicant shall file an application with the Department of City Planning in a manner provided by the Department, and shall include: information needed to verify the Host’s identification and Primary Residence; identification of a local responsible contact person; a list of all Hosting Platforms to be used; whether Home-Sharing is for an entire Rental Unit or a portion thereof; and any other information required by the instructions on the application and/or by the guidelines promulgated by the Director of Planning. Payment of any filing fee required under Section 19.01 E. shall be included with the application. If the required information for registration, including any filing fee, is not received within 45 days of submittal of the application, the Home-Sharing registration will be considered withdrawn.
(2) Eligibility Requirements. The following requirements must be met at the time of submitting an application for Home- Sharing registration:
(i) The applicant has obtained a Transient Occupancy Registration Certificate from the Office of Finance pursuant to Section 21.7.6 of this Code, unless the applicant exclusively lists the applicant’s Primary Residence on Hosting Platforms that have a Platform Agreement with the City of Los Angeles.
(ii) The proposed Home- Sharing is consistent with the provisions of this subdivision and is limited to the Host's Primary Residence.
a. A renter or lessee shall not engage in Home- Sharing without prior written approval of the landlord. A renter or lessee shall provide copies of the landlord's written approval to the City at the time of filing the application for registration. A landlord may proactively prohibit Home- Sharing by tenants at any or all of the owner’s properties by submitting a notification in writing to the Department of City Planning.
b. A Primary Residence that is subject to affordable housing covenants, and/or Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”), and/or are income-restricted under City, state or federal law, is not eligible for Home-Sharing.
c. No Primary Residence which is the subject of any pending Citation may be registered for Home-Sharing.
d. No Person may apply for or obtain more than one Home-Sharing registration or otherwise operate more than one Home-Sharing Rental Unit at a time in the City of Los Angeles.
(3) Expiration and Renewal. A Home-Sharing registration is valid for one year from the date of issuance. It may not be transferred or assigned and is valid only at the Host’s Primary Residence. A Home- Sharing registration may be renewed annually if the Host: (1) pays the renewal fee; (2) has complied with the provisions of this subdivision for the past year; (3) provides information concerning any changes to the previous application for, or renewal of, the Home-Sharing registration; and (4) submits Home-Sharing records described in Subparagraph (e)(2) for the last year to demonstrate compliance with this subdivision, unless the Host lists exclusively on a Hosting Platform with a Platform Agreement that includes a provision for pass-through registration for applicants for a Home-Sharing registration. The records described in Subparagraph (e)(2) shall be made public to the extent required by law.
(4) Suspensions and Revocations. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Notwithstanding any other provision of this Code to the contrary, the Director may require the suspension, modification, discontinuance or revocation of any Home-Sharing registration if it is found that the Host has violated this subdivision or any other city, state, or federal regulation, ordinance or statute.
(i) Suspension. If a Host receives two Citations, the Host’s Home-Sharing registration shall be suspended for 30 days or as long as at least one Citation is open, whichever is longer. The suspension shall become effective 15 days after the mailing of a Notice of Intent to Suspend the Host. If a Host initiates an appeal of either Citation, the suspension will take effect only if the appeal is not resolved entirely in the Host’s favor.
a. A Host may challenge a Citation by submitting an appeal to the City department that issued the Citation and providing notice to the Department of Planning as described in the Administrative Guidelines.
b. Where no process is described in the Citation, a Host may challenge a Citation by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-Compliance) of Chapter 1A of this Code, with no further appeal to a Commission or City Council.
(ii) Revocation. If three Citations have been issued to the Host and have been sustained (after exhaustion of any related remedies, including appeals) within a registration year, the Host’s Home-Sharing registration shall be revoked. The revocation of a Host’s Home-Sharing registration shall become effective 15 days after the mailing of a Notice of Intent to Revoke to the Host.
a. A Host may challenge a Notice of Intent to Revoke by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-Compliance) of Chapter 1A of this Code, with no further appeal to a Commission or City Council.
b. Pursuant to the revocation, the Host shall be prohibited from participating in Home-Sharing for one year from the effective date of the Notice of Intent to Revoke.
(iii) Modification. The Director may modify, discontinue or revoke any Home-Sharing registration based upon an order to show cause, pursuant to Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A of this Code, why any proposed modifications, discontinuances or revocations of any Home-Sharing registration should not be issued. The Director shall provide notice to the Host and/or recorded owner and lessee(s) of the Host’s Primary Residence to appear at a public hearing at a time and place fixed by the Director to respond to the Director’s order to show cause.
(d) Prohibitions.
(1) No Person shall offer, advertise, book, facilitate or engage in Home Sharing or Short-Term Rental activity in a manner that does not comply with this subdivision.
(2) A Host may not participate in Home-Sharing unless all advertisements clearly list the City-issued Home Sharing registration number or pending registration status number.
(3) No Host shall engage in Home- Sharing for more than 120 days in any calendar year unless the City has issued the Host an Extended Home-Sharing registration pursuant to Paragraph (h).
(4) Accessory Dwelling Units for which a complete building permit application was submitted on or after January 1, 2017, to the Department of Building and Safety pursuant to Section 12.26 A.3. may not be used for Home- Sharing, unless an applicant demonstrates the Accessory Dwelling Unit is the applicant’s Primary Residence.
(5) No Host shall offer, advertise, or engage in Home-Sharing in a non- Residential Building, including but not limited to, a vehicle parked on the property, a storage shed, trailer or any temporary structure, including, but not limited to, a tent.
(6) If a Host lists a Primary Residence on multiple listings on multiple Hosting Platforms, only one listing may be booked at any given time.
(7) A Host may not rent all or a portion of the Host’s Primary Residence for the purposes of Home-Sharing to more than one group of guests or under more than one booking, at any given time.
(8) Home Sharing is not permitted in buildings that have been converted from units subject to Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”) to single family homes until five years after the date of conversion.
(9) Except for allowable Home Occupations, non-residential uses including, but not limited to, sales or exchange of products, events that charge a fee, or the promotion, display or servicing of any product shall not be permitted during Home-Sharing activity.
(10) A Host shall only advertise on a Hosting Platform that was listed on the Host’s Home-Sharing application form, unless the Host has submitted a written request and received written approval from the Department of City Planning to use another Hosting Platform.
(11) No more than 2 overnight guests (not including children) are allowed per habitable room, not including kitchens, during Home-Sharing activities.
(12) There shall be no use of sound amplifying equipment, as that term is defined in Section 111.01(j) of this Code after 10:00 p.m. and no evening outdoor congregations of more than 8 people (excluding children) during Home-Sharing activities. Home-Sharing activities are subject to the noise regulations in the Los Angeles Municipal Code.
(13) A Host whose Home-Sharing registration has been suspended is prohibited from participating in Home- Sharing for the duration of the suspension.
(14) A Host whose Home-Sharing registration has been revoked may not participate in Home-Sharing unless and until a new registration is authorized.
(e) Host Requirements.
(1) A Host may be responsible for any nuisance violations, as described in Sec. 13B.6.2. (Nuisance Abatement / Revocation) of Chapter 1A of this Code, arising at the Host’s Primary Residence during Home-Sharing activities. The Host, or owner of the Host’s Primary Residence if the Host does not own it, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(2) The Host shall keep and preserve, for a minimum period of three years, all records regarding each Home- Sharing stay, including the length of stay and the price paid for each stay, and any other records required by Administrative Guidelines promulgated by the Director.
(3) On the Home-Sharing registration application, a Host shall acknowledge and consent to Office of Finance and other City agencies’ inspection of records at all reasonable times and places for purposes of enforcement of this Subdivision.
(4) The Host shall fully comply with all the requirements of Article 1.7 of the Los Angeles Municipal Code (establishing the Transient Occupancy Tax) and successor Sections.
(5) The Host shall pay a per-night fee for each night of Home-Sharing, which will be deposited into the Short Term Rental Enforcement Fund per the requirements in Section 5.576 of the Los Angeles Administrative Code. The City Council shall adopt, by resolution, a per-night fee based on an analysis of the cost of implementing, maintaining, and enforcing this subdivision.
(6) Every Host shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life and safety codes; information related to emergency exit routes on the property and contact information, including the contact information of the Host or a designated responsible agent of the Host.
(7) Every Host that lists a Primary Residence located in a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 shall include in all Host listings and post written notices on any patio or deck that smoking is not permitted in any exterior of the property.
(8) Every Host shall provide a code of conduct to guests that includes the relevant provisions of this Subdivision and other information to address behavioral, safety, security, and other matters, as required in the Department’s Administrative Guidelines.
(9) Every Host shall authorize any Hosting Platform on which the Host’s Primary Residence is listed to provide to the City the Host listing and other information described in Subsection (f)(4).
(10) Every Host must consent to receive all City notices and citations regarding their Home-Sharing registration by U.S. mail.
(f) Hosting Platform Responsibilities.
(1) Hosting Platforms shall not process or complete any Booking Service transaction for any Person unless the Person has a valid Home-Sharing registration number issued by the City or a pending registration status number.
(2) Hosting Platforms shall not process or complete any Booking Service transaction for any Host listing that has exceeded the authorized 120-day limit in one calendar year unless the Host has obtained an Extended Home-Sharing approval.
(3) Within 45 days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the Department of City Planning contact information for an employee or representative responsible for responding to requests for information, including requests related to possible violations of this Subdivision. Hosting Platforms that commence listings in the City after the effective date must provide this information prior to facilitating Home-Sharing activity or providing Booking Services within the City.
(4) Subject to applicable laws, a Hosting Platform with listings in the City shall provide to the Department of City Planning, on at least a monthly basis, in a format as specified by the City, the Home- Sharing registration number of each listing, the name of the person responsible for each listing, the street address of each listing and, for each booking that occurs within the reporting period, the number of days booked.
(5) In the event a Hosting Platform has entered into an agreement with the Office of Finance to collect and remit Transient Occupancy Tax pursuant to Los Angeles Municipal Code Section 21.7.1 et seq., and a Host has assigned the responsibilities for the collection and remittance of the Transient Occupancy Tax to the Hosting Platform, then the Hosting Platform and the Host shall have the same duties and liabilities, including but not limited to the collection and remittance of the tax to the City on a monthly basis.
(6) Exception. The provisions of this paragraph shall not apply to a Hosting Platform whenever it (a) complies with the Administrative Guidelines, issued by DCP and approved by resolution of the City Council, that describe how the Platform shall satisfy the Hosting Platform responsibilities in this paragraph, or (b) enters into a Platform Agreement, the terms of which shall be set forth in a master Platform Agreement approved by the City Council, that establishes the manner in which the Hosting Platform supports the City’s enforcement of this subdivision and meets the purposes of the Platform responsibilities in this paragraph. Each individual Platform Agreement shall be approved by the City Council.
(g) Enforcement of Violations.
(1) The provisions in this Subsection shall be in addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this Subdivision.
(2) Any Person who has failed to comply with the provisions of this Subdivision may be subject to the provisions of Section 11.00 of this Code. The owner and/or operator of any property used for Short Term Rentals, including the Host or owner of any Host Primary Residence, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection.
(3) The Director may, at any time, require the modification, discontinuance, or revocation of any Home-Sharing registration in the manner prescribed in Subparagraph (c)(4).
(4) The ACE program in Article 1.2 of this Chapter may be utilized to issue administrative citations and impose fines pursuant to this Subdivision. The citation shall be served by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the operator of the Short Term Rental, the Host, and/or the property owner, if different than the operator or Host, shown on the County’s last equalized property tax assessment roll. Fines for violations of this subdivision shall be as follows:
(i) Hosting Platform: a $1,000 fine per day shall be imposed for any of the following violations:
a. Completing a Booking Service transaction for each listing without a valid City Home-Sharing registration number or pending registration status number.
b. Completing a Booking Service transaction for each listing where more than one property is affiliated with a single Host, or each listing where the Host’s home address does not match the listing location.
c. Completing a Booking Service transaction for any listing for a Rental Unit where the Host’s Home-Sharing or Extended Home-Sharing registration has been revoked or suspended by the City.
d. Completing a Booking Service transaction for any Rental Unit lacking Extended Home-Sharing approval that has exceeded the authorized 120-day limit for hosting Short-Term Rentals in one calendar year.
(ii) Owner of Primary Residence and/or Host and/or Person:
a. A daily fine of $500, or two times the nightly rate charged, whichever is greater, for advertising a Rental Unit for the purposes of Short-Term Rental in violation of this Subdivision.
b. A daily fine of $2,000, or two times the nightly Rent charged, whichever is greater, for each day of Home- Sharing activity beyond the 120 day limit in a calendar year, unless the Host has a valid Extended Home-Sharing Registration.
c. For all other violations of this subdivision, the administrative fine shall be levied according to the amounts described in Section 11.2.04(a)(2) of this Code. The square footage for the use in calculating the fine shall be the amount of indoor space to which the Transient guest has access. If the square footage is unable to be ascertained, it shall be deemed to be between 500 and 2,499 square feet.
(iii) The fine amounts listed above shall be updated annually, from the date of effective date of this ordinance, according to the Consumer Price Index for All Urban Consumers (CPI-U).
(h) Extended Home-Sharing. For Hosts who participate in Extended Home-Sharing, the following shall apply:
(1) Application and Eligibility Requirements.
(i) Ministerial Approval. Extended Home-Sharing may be approved by the Director if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are met:
a. The Host maintains a current Home-Sharing registration and has maintained a Home-Sharing registration for at least six months or has hosted for at least 60 days based on substantial evidence provided by the Host or Hosting Platform;
b. No more than one Citation was issued within the prior three years; and
c. The Host provides proof of mailing of a notification concerning commencement of Extended Home-Sharing, which includes a Director-issued publication outlining the complaint process, to adjacent and abutting owners and occupants on a form provided by the Department.
(ii) Discretionary Approval. A discretionary review of an Extended Home-Sharing application is required if the Host complies with Subparagraph (h)(1)(i)a., but two Citations have been issued within the prior three years.
a. If the Director finds that the matter may have a significant effect on neighboring properties, the Director may set the matter for public hearing. Written notice of the hearing shall be sent by First Class Mail at least 21 days prior to the hearing to the applicant, owners and tenants of the property involved, owners and tenants of all properties adjacent and abutting the proposed Extended Home-Sharing activity, the City Councilmember representing the area in which the property is located, and the applicable Neighborhood Council. If the Director determines that the matter will not have a significant effect on neighboring properties, no hearing shall be held.
b. The Extended Home- Sharing application may only be approved if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are met, to the satisfaction of the Director of Planning:
1. The Host provides proof of mailing of a notification, which includes a Director-issued publication outlining the complaint process, to adjacent and abutting owners and occupants on a form provided by the Department;
2. In consideration of any comments received by the public on the application, the Director finds the use is in substantial conformance with the following findings:
A. That the Extended Home-Sharing will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region;
B. That the Extended Home-Sharing operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, the availability of housing, or the public health, welfare, and safety;
C. That the Extended Home-Sharing substantially conforms with the purpose, intent, and provisions of the General Plan, the applicable community plan, and any applicable specific plan; and
D. That there is no substantial evidence of continued nuisance behavior from the location.
c. If no appeal is filed within 15 days from the date of the Director’s determination approving or denying an Extended Home-Sharing application, the Director’s decision is final. An appeal to the Area Planning Commission may be filed by the applicant or any adjacent and abutting owner and occupant. An appeal shall be filed at the public counter of the Planning Department within 15 days of the date of the Director's decision. The appeal shall set forth specifically how the appellant believes the Director’s findings and decision are in error. The Area Planning Commission may grant, conditionally grant or deny the appeal. The failure of the Commission to act upon an appeal within 75 days after the expiration of the appeal period, or within an additional period as may be agreed upon by the applicant and the Director, shall be deemed a denial of the appeal and the original action on the matter shall become final.
(2) Ineligibility. If the Host’s Home-Sharing registration has been suspended or revoked, the Host is not eligible to apply for Extended Home- Sharing for two years from the effective date of the revocation or suspension or as long as a Citation remains open or unresolved, whichever is later.
(3) Expiration and Renewal. An Extended Home-Sharing registration is valid for one year from the date of issuance. An Extended Home-Sharing registration is subject to the same expiration and renewal terms described in Subparagraph (c)(3) and may be renewed annually if the Host meets the same renewal requirements in that subparagraph.
(4) Revocations. An Extended Home Sharing approval shall be revoked if there are two Citations within a registration year in accordance with the process set forth in Paragraph (c)(4). Pursuant to the revocation, the Host shall be prohibited from participating in Home-Sharing for two years from the effective date of the Notice of Revocation or as long as a Citation remains open or unresolved, whichever is later.
(i) Administration and Regulations. No Person shall fail to comply with the Administrative Guidelines.
(j) Effective Date. This ordinance shall take effect on July 1, 2019.
(k) Severability. If any provision of this Subdivision is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Subdivision which can be implemented without the invalidated provisions, and to this end, the invalid provisions of this Subdivision are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
33. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). (Added by Ord. No. 186,481, Eff. 12/19/19.)
(a) Purpose. The purpose of this subdivision is to provide for the creation of ADUs and JADUs consistent with California Government Code Sections 65852.2 and 65852.22, as amended from time to time.
(b) Applicability. The following development standards shall apply:
(1) A detached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (d).
(2) An attached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (e).
(3) A Movable Tiny House (MTH) shall be approved if in compliance with all of the provisions in Paragraph (c), except for those provisions in Paragraph (c) which apply solely to buildings and structures; and all of the provisions in Paragraph (f).
(4) A JADU shall be approved if in compliance with all of the provisions provided in Sections 65852.2(e)(1)(A) and 65852.22 of the Government Code.
(5) An ADU described by Section 65852.2(e)(1)(A) or (C) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code.
(6) An ADU described by Section 65852.2(e)(1)(B) or (D) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the provisions provided in Paragraph (g).
(c) Development Standards.
(1) Comply with all applicable objective provisions required pursuant to Chapter 1 of this Code, including provisions stated in the underlying applicable zone and height district, Specific Plan, Historic Preservation Overlay Zone, Community Planning Implementation Overlay and other applicable zoning ordinances, policies or other documents established pursuant to Chapter 1, Article 3 of this Code. In any instance where there is conflict, this subdivision shall govern. Notwithstanding the prior two sentences and notwithstanding anything to the contrary in this Subdivision 33:
(i) No minimum lot size requirement shall apply to an ADU;
(ii) No minimum square footage requirement for either an attached or detached ADU shall apply that prohibits an efficiency unit;
(iii) No other minimum or maximum size for an ADU, including size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, shall apply for either attached or detached dwellings that does not permit at least an 800 square foot ADU that is at least 16 feet in height with 4-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(2) An ADU which complies with this subdivision shall not require a discretionary planning approval. The ADU project shall be reviewed in a ministerial and administrative manner, limited to only considering the project’s compliance with the applicable objective standards. An application to create an ADU shall be acted upon within 60 days from the date the City receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU until the City acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(3) Except where otherwise prohibited by this subdivision, an ADU is permitted in all zones where residential uses are permitted by right.
(4) No ADU is permitted on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the following exceptions:
(i) The ADU is located within the boundaries of either the Northeast Los Angeles Community Plan Area or the Silver Lake - Echo Park - Elysian Valley Community Plan Area; or
(ii) The ADU complies with all of the following requirements:
a. Notwithstanding Subparagraph (c)(10) below, the ADU is protected throughout with an approved automatic fire sprinkler system, in compliance with the Los Angeles Plumbing Code;
b. Notwithstanding Subparagraph (c)(12) below, one off-street parking space is provided for the ADU; and
c. The ADU is located on a lot fronting on a street that is improved with a roadway width of 20 feet or more in unobstructed width, as measured along the entire frontage of the subject property, after any associated dedication and improvement. In the event the ADU is located on a Through Lot or a Corner Lot, the lot must front on at least one street that is improved with a roadway width of 20 feet or more in unobstructed width after any associated dedication and improvement.
(5) Except as otherwise permitted by this subdivision, only one ADU is permitted per lot.
(6) An ADU may only be created on a lot that contains a proposed or existing dwelling. Other non-residential uses and accessory residential uses may be permitted on the lot, consistent with the uses permitted by the zone.
(7) No passageway for an ADU, nor space between buildings, as per LAMC 12.21 C.2. and LAMC 12.21 C.5.(d), is required in conjunction with the construction of an ADU. Building Code separation requirements still apply.
(8) No additional setbacks shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure, converted to an ADU or portion of an ADU. A setback of no more than 4 feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(9) ADUs are required to comply with all applicable Building and Residential Codes for the proposed use.
(10) ADUs are not required to provide fire sprinklers if they are not required for the primary residence.
(11) ADUs located where a private sewage disposal system is being used, shall require approval by the local health officer.
(12) Parking Requirements:
(i) ADU Parking. One parking space is required for an ADU, except that no parking is required for an ADU that is:
a. Located within one- half mile walking distance of a public transit. For this purpose, public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public; or
b. Located within one block of a designated pick-up and drop-off location of a car share vehicle; or
c. Located in an architecturally and historically significant district listed in or formally determined eligible for listing in the National Register of Historic Places or California Register of Historical Resources or located in any City Historic Preservation Overlay Zone; or
d. Part of the proposed or existing primary residence or an accessory structure.
(ii) ADU Parking Location. ADU parking is allowed in any yard area or passageway. When located in a required front yard, the parking must be located on an existing driveway. Parking may be provided through tandem parking where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Driveway access areas located in the required front yard shall not be expanded to provide required parking. Other objective parking and driveway standards in the LAMC apply, including those found in Sections 12.21 A.5. and 12.21 A.6. However, Section 12.21 A.6.(d) of this Code shall not apply to parking required for an ADU.
(iii) Replacement Parking. No replacement parking shall be required when a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU.
(d) Detached Accessory Dwelling Unit Requirements. Detached ADUs, except those described in Paragraph (f), below, must comply with all provisions of Paragraph (c) and all of the following provisions provided in this Paragraph (d). In addition, Detached ADUs must comply with all applicable provisions of Section 12.21 C.5. that are not in conflict with these Paragraphs (c) and (d).
(1) The Floor Area for a detached ADU shall not exceed 1,200 square feet. Limits on Floor Area on a lot apply separately and may further limit allowable Detached ADU square footage, except as otherwise provided by this Subdivision 33.
(2) Structures containing a detached ADU shall not be greater than two stories.
(3) Detached ADUs shall not be located between a proposed or existing dwelling unit and the street adjoining the front yard, except in the following cases:
(i) Where the ADU is on a Through Lot and complies with LAMC Section 12.21 C.5.(k); or
(ii) Where the ADU is being added to a lawfully existing garage or accessory structure building.
(e) Attached Accessory Dwelling Unit Requirements. Attached ADUs can be either attached to or completely contained within an existing or proposed dwelling, and must comply with all provisions in Paragraph (c) and all of the following provisions in this Paragraph (e):
(1) If there is an existing primary dwelling, the Floor Area of an attached ADU may not exceed 50 percent of the existing primary dwelling.
(2) Limits on Floor Area on a lot apply separately and may further limit allowable attached ADU square footage, except as otherwise provided by this Subdivision 33.
(3) Nothing in this subdivision shall prohibit an attached ADU with a Floor Area of less than 850 square feet, or less than 1,000 square feet for an attached ADU that provides for more than one bedroom.
(f) Requirements for Movable Tiny Houses as Accessory Dwelling Units. A Movable Tiny House must comply with all of the provisions provided in Paragraph (c) except for any provisions in Paragraph (c) which apply solely to buildings and structures; and this Paragraph (f):
(1) Only one Movable Tiny House is allowed to be located on a lot and no lot may be approved for more than one moveable tiny house in a twelve month period.
(2) When sited on a lot, the undercarriage (wheels, axles, tongue and hitch) shall be hidden from view.
(3) The wheels and leveling or support jacks must sit on a paved surface compliant with LAMC 12.21 A.6.(c).
(4) Mechanical equipment shall be incorporated into the structure and not located on the roof.
(5) Movable Tiny Houses shall be connected to water, sewer and electric utilities.
(6) Moveable Tiny Houses are not required to have separate street addresses from the primary dwelling unit.
(7) Movable Tiny Houses are not required to have sprinklers, but shall follow the ANSI A119.5 or NFPA 1192 standards relating to health, fire and life-safety.
(8) Movable Tiny Houses shall have the following design elements:
(i) Cladding and Trim. Materials used on the exterior of a moveable tiny house shall exclude single piece composite, laminates, or interlocked metal sheathing.
(ii) Windows and Doors. Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim. Windows and doors shall not have radius corners.
(iii) Roofing. Roofs shall have a minimum of a 12:2 pitch for greater than 50 percent of the roof area, and shall not be composed of wooden shingles.
(iv) Extensions. All exterior walls and roof of a moveable any tiny house used as an ADU shall be fixed with no slide-outs, tip-outs, nor other forms of mechanically articulating room area extensions.
(9) Movable Tiny Houses shall not be greater than two stories.
(10) Movable Tiny Houses shall not be located between the proposed or existing single-family dwelling unit and the street adjoining the front yard, except where the Movable Tiny House is on a Through Lot and complies with LAMC 12.21 C.5.(k).
(g) Accessory Dwelling Units Otherwise Required By State Law. An application for a building permit shall be approved to create an ADU pursuant to Section 65852.2(e)(1)(B) or (D) of the Government Code within a residential or mixed-use zone, in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the following requirements:
(1) An ADU created pursuant to Section 65852.2(e)(1)(B) of the Government Code shall have a Floor Area of not more than 800 square feet and a height of no more than 16 feet; and
(2) An ADU created pursuant to Section 65852.2(e)(1)(B) or (D) of the Government Code shall not be located on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the exceptions stated in Subparagraph (4) of Paragraph (c) of this subdivision.
(h) General Provisions. The following general provisions apply to all ADUs, JADUs, and lots where any ADU or JADU is located.
(1) In the event where an ADU or JADU would be created as a result of a conversion of an entire existing dwelling unit, any newly constructed dwelling unit located between the ADU or JADU, and the rear lot line, shall not exceed 1,200 square feet.
(2) In cases where additional dwelling units are added to a lot after the creation of the ADU or JADU, an ADU and JADU will be counted towards the overall number of dwelling units as permitted by the zone.
(3) ADUs and JADUs may be rented but shall not be sold separate from the existing or proposed dwelling unit on the same lot. Movable Tiny Houses may be sold when removed from the lot.
(4) Applicants for ministerial approval of a permit application for the creation of an ADU or JADU shall not be required to correct nonconforming zoning conditions. For this purpose, nonconforming zoning condition means a physical improvement on a property that does not conform to current zoning standards.
(5) A certificate of occupancy for an ADU or JADU shall not be issued before a certificate of occupancy for the primary dwelling.
(i) Zoning Administrator Authority. It is the intent of the City to retain all portions of this subdivision regarding ADUs and JADUs not in conflict with state law. The Zoning Administrator shall have authority to clarify, amend or revoke any provision of this subdivision as may be necessary to comply with any state law regarding ADUs or JADUs.
(j) Interpretation Consistent with State Law. This subdivision is not intended to conflict with state law. This subdivision shall be interpreted to be compatible with state enactments.
(k) California Coastal Act. Nothing in this subdivision shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 [Division 20 (commencing with Section 30000) of the Public Resources Code], except that the Department shall not be required to hold public hearings for coastal development permit applications for ADUs or JADUs.
(l) Enforcement. Enforcement of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an ADU described in paragraph (1) or (2) below, upon request of an owner of an ADU, shall be delayed subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The ADU unit was built before January 1, 2020.
(2) The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.
34. Restaurant Beverage Program. (Added by Ord. No. 187,402, Eff. 3/31/22.) In the CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones, the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed administratively without obtaining a conditional use approval as otherwise required by Section 12.21 A.10. of this Code if all of the following requirements and standards are met:
(a) Eligibility Criteria.
(1) The restaurant is located within an area mapped and adopted by City Council Resolution for the Restaurant Beverage Program. The City Council shall have the ability to establish and subsequently modify the area by the adoption of resolutions based on a finding that the establishment or modification is in conformity with public necessity, convenience, general welfare and good zoning practice.
(2) The restaurant shall be maintained as a bona fide eating place with an operational kitchen where food is prepared onsite and with a full menu containing an assortment of foods. Food service is available at all times during operating hours. The restaurant provides seating and dispenses food and refreshments for consumption on the premises and not solely for the purpose of food takeout or delivery.
(3) The restaurant shall operate under a Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.
(4) If the restaurant or property has been the subject of nuisance abatement or revocation, it shall be eligible for the Restaurant Beverage Program upon conclusion of those proceedings only if the proceeding(s) did not result in the revocation of any permit or require any corrective conditions.
(5) The restaurant shall have between a minimum of 10 patron seats and a maximum of 150 patron seats, including any outdoor seating.
Exemption. Outdoor Dining Areas pursuant to 12.21 A.24. shall be exempt from the above outdoor seating limitation. (Added by Ord. No. 188,073, Eff. 1/31/24.)
(6) The restaurant has obtained the necessary approvals to operate any outdoor seating, including but not limited to, revocable permits issued by the Bureau of Engineering, Department of Public Works.
(7) The restaurant is not a Drive- Through Fast Food Establishment, as defined in the LAMC.
(8) The restaurant is not located in a Hotel, as defined in the LAMC.
(9) The restaurant is not part of any multiple-tenant entitlement pursuant to Sections 12.24 W.1. and 12.24 W.18.(a) of the LAMC.
(10) Daily hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean- up and maintenance.
(11) All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.
(12) Pool tables and billiard tables are prohibited.
(13) Dancing and Adult Entertainment pursuant to LAMC Sections 12.24 W.18. and 12.70 are prohibited.
(14) There shall be no minimum drink purchase required of patrons.
(15) There shall be no charge for admission.
(16) The restaurant shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
(17) All service of alcoholic beverages shall be conducted by an employee.
(18) The restaurant shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.
(19) No employee, while working, shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
(20) No employee, while working, shall be engaged for the specific purpose of sitting with or otherwise spending time with customers while on the premises.
(21) There shall be no age limitation restricting access to any portion of the restaurant.
(22) The restaurant has a business tax registration certificate issued by the City of Los Angeles.
(b) Development Standards and Operations.
(1) There shall be no shared seating between the restaurant and other restaurants.
(2) The restaurant shall only use fixed bars that are depicted on floor plans. Portable bars are prohibited.
(3) Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to 6 feet above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be fully transparent and ensure the occupants are visible to persons looking into the private dining or banquet room.
(4) For properties abutting or across an alley from an A or R zoned lot:
(i) a wholly enclosed building, at least 8 feet in height above grade and extending at least the full length of the outdoor dining area, shall be located between the outdoor dining area and an A or R zoned lot that may or may not be separated by an alley. This requirement shall not apply to outdoor dining permitted on a public sidewalk by a revocable permit issued by the Bureau of Engineering, Department of Public Works; and
(ii) outdoor seating shall be limited to the ground floor only.
Exemption. Outdoor Dining Areas pursuant to LAMC Section 12.21 A.24. shall be exempt from the above standards. (Added by Ord. No. 188,073, Eff. 1/31/24.)
(5) Outdoor food and beverage service shall be limited to seated patrons.
(6) Live entertainment, karaoke, or disc jockeys on the premises are prohibited.
(7) Television monitors or screens are prohibited in all outdoor areas.
(8) Music or speakers are prohibited in all outdoor areas.
(9) Entertainment in conjunction with the restaurant shall be limited to indoor ambient music at a low volume that is not audible outside of the building.
(10) Any music, sound or noise which is under the control of the restaurant shall comply with Sections 112.06 or 116.01 of the LAMC (citywide noise regulations). A City representative from a department authorized to inspect for compliance with noise regulations may visit the site during operating hours to measure the noise levels. If, upon inspection, it is found that the noise level exceeds the level allowed by the citywide noise regulations, the owner / operator shall be notified and shall be required to modify or eliminate the source of the noise or retain an acoustical engineer to recommend, design, and implement noise control measures within the property, such as noise barriers, sound absorbers, or buffer zones.
(11) A City-issued placard pursuant to this section issued by the Department of City Planning shall be posted by the restaurant in an area clearly visible to the public, indicating that the restaurant is subject to the requirements and restrictions of the Restaurant Beverage Program.
(12) A copy of this ordinance shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.
(13) No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time.
(14) Any portion of the restaurant used for private events shall be subject to all the same development standards and operations, including hours of operation, stated herein.
(15) A telephone number and email address shall be provided for complaints or concerns regarding the operation of the restaurant. The phone number and email address shall be provided on the restaurant’s website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:
(i) Entry, visible to pedestrians; and
(ii) Customer service desk, front desk or near the reception area.
(16) The restaurant shall respond to complaints within 24 hours. The restaurant shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.
(c) Security.
(1) Within the restaurant, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).
(2) All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
(3) A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.
(d) Monitoring.
(1) The restaurant shall maintain the premises and adjoining rights-of-way free of debris and litter.
(2) The restaurant shall monitor both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
(3) The restaurant shall take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. For purposes of this subparagraph, reason- able steps include, but are not limited to:
(i) Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may jeopardize personal safety;
(ii) Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and
(iii) Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.
(4) Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.
(5) All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
(6) Loitering is prohibited in all areas under the control of the restaurant. A “No Loitering or Public Drinking” sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.
(7) An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.
(8) The restaurant shall comply with California Labor Code 6404.5 which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices or hookah pipes, within any enclosed place of employment.
(9) A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
(10) Within the first six months of the Restaurant Beverage Program administrative clearance, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the restaurant shall request the Los Angeles Police Department or California Department of Alcoholic Beverage Control to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for all new hires within three months of their employment.
(e) Administration.
(1) Upon submission of an application for the Restaurant Beverage Program administrative clearance, the applicant shall pay the fees required per LAMC Section 19.04 for: Administrative Clearance – Restaurant Beverage Program; Monitoring Restaurant Beverage Program Compliance; and Inspection and Field Compliance Review of Operations. The applicant must also submit the following with the application:
(i) A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards pursuant to Section 12.22 A.34. of the LAMC;
(ii) A revocable permit from the Bureau of Engineering, Department of Public Works is required for any outdoor dining area located in the public right-of-way. A copy of the approved revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way as permitted by this administrative clearance.
(2) Prior to the administrative clearance, the owner and operator shall execute and record a covenant and agreement acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder’s Office. A certified copy bearing the Recorder’s number and date shall be provided to the Department of City Planning. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns.
(3) The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements and standards pursuant to Section 12.22 A.34. of this Code. Upon payment of fees pursuant to Section 19.04, the applicant is subject to the following:
(i) Within the first 24 months of the administrative clearance, an inspector will conduct a site visit to assess compliance with, or violations of, any of the provisions of Section 12.22 A.34. A second inspection shall take place within 36 months of the first inspection.
(ii) The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective actions taken by the City.
(4) The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the restaurant is located shall be notified at the time an application for the Restaurant Beverage Program, pursuant to LAMC Section 12.22 A.34., is filed. If the restaurant is not within the boundaries of a Neighborhood Council, then notification to only the applicable Council District office shall be sufficient.
(5) If three citations for violating the Restaurant Beverage Program, LAMC Section 12.22 A.34.(a) through (e), are issued to the restaurant in any two-year period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to rely on the exception to Section 12.21 A.10. or Section 12.24 W.1. of the LAMC provided by Section 12.22 A.34. for five years commencing on the date of the third citation.
(i) A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.
(ii) The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.
(6) The owner or the operator of the restaurant shall reapply for the administrative clearance if there is:
(i) a change in State alcohol license type;
(ii) a modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating**; or
(iii) a change in the ownership or the operator of the restaurant.
**Exemption. Modification to the number of seats or outdoor seating for the purposes of Outdoor Dining Areas pursuant to LAMC Section 12.21 A.24. shall not require reapplication. (Added by Ord. No. 188,073, Eff. 1/31/24.)
35. Restaurant Beverage Program – Alcohol Sensitive Use Zone. (Added by Ord. No. 187,402, Eff. 3/31/22.) In the CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones, the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed administratively for one year without obtaining a conditional use approval as otherwise required by Section 12.21 A.10. of this Code if all of the requirements and standards below are met. Upon the completion of the one year provisional period, a review shall be completed and a determination shall be made pursuant to Section 12.22 A.35.(e) if the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed to continue per the administrative clearance.
(a) Eligibility Criteria.
(1) The restaurant is located within an area mapped and adopted by City Council Resolution for the Restaurant Beverage Program – Alcohol Sensitive Use Zone. The City Council shall have the ability to establish and subsequently modify the area by the adoption of resolutions based on a finding that the establishment or modification is in conformity with public necessity, convenience, general welfare, and good zoning practice. The City Council may further determine, by resolution, if restaurants located in an Alcohol Sensitive Use Zone shall be limited to the sale of beer and wine only during the provisional one year period.
(2) Prior to filing the application, the applicant shall conduct outreach by presenting information about the restaurant at one or more Certified Neighborhood Council meetings, Business Improvement District meetings, or other meetings of such established community organization if the restaurant is not within either a Certified Neighborhood Council or Business Improvement District boundary. Presentations shall include a flyer or other summary including the restaurant name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits).
(3) The restaurant shall be maintained as a bona fide eating place with an operational kitchen where food is prepared onsite and with a full menu containing an assortment of foods. Food service is available at all times during operating hours. The restaurant provides seating and dispenses food and refreshments for consumption on the premises and not solely for the purpose of food takeout or delivery.
(4) The restaurant shall operate under a Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.
(5) The restaurant shall operate with gross annual sales of alcohol not in excess of 45 percent of the restaurant’s total sales.
(6) If the restaurant or property has been the subject of nuisance abatement or revocation, it shall be eligible for the Restaurant Beverage Program – Alcohol Sensitive Use Zone upon conclusion of those proceedings only if the proceeding(s) did not result in the revocation of any permit or require any corrective conditions.
(7) The restaurant shall have between a minimum of 10 patron seats and a maximum of 150 patron seats, including any outdoor seating.
(8) The restaurant has obtained the necessary approvals to operate any outdoor seating, including but not limited to revocable permits issued by the Bureau of Engineering, Department of Public Works.
(9) The restaurant is not a Drive- Through Fast Food Establishment, as defined in the LAMC.
(10) The restaurant is not located in a Hotel, as defined in the LAMC.
(11) The restaurant is not part of any multiple-tenant alcohol entitlement pursuant to Sections 12.24 W.1. and 12.24 W.18.(a) of the LAMC.
(12) Daily hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean- up and maintenance.
(13) All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.
(14) Pool tables or billiard tables are prohibited.
(15) Dancing and Adult Entertainment pursuant to LAMC Sections 12.24 W.18. and 12.70 are prohibited.
(16) There shall be no minimum drink purchase required of patrons.
(17) There shall be no charge for admission.
(18) The restaurant shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
(19) All service of alcoholic beverages shall be conducted by an employee.
(20) The restaurant shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.
(21) No employee, while working, shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
(22) No employee, while working, shall be engaged for the specific purpose of sitting with or otherwise spending time with customers while on the premises.
(23) There shall be no age limitation restricting access to any portion of the restaurant.
(24) The restaurant has a business tax registration certificate issued by the City of Los Angeles.
(b) Development Standards and Operations.
(1) There shall be no shared seating between the restaurant and other restaurants.
(2) The restaurant shall only use fixed bars that are depicted on floor plans. Portable bars are prohibited.
(3) Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to 6 feet above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be fully transparent and ensure the occupants are visible to persons looking into the private dining or banquet room.
(4) For properties abutting or across an alley from an A or R zoned lot:
(i) a wholly enclosed building, at least 8 feet in height above grade and extending at least the full length of the outdoor dining area, shall be located between the outdoor dining area and an A or R zoned lot that may or may not be separated by an alley. This requirement shall not apply to outdoor dining permitted on a public sidewalk by a revocable permit issued by the Bureau of Engineering, Department of Public Works; and
(ii) outdoor seating shall be limited to the ground floor only.
(5) Outdoor food and beverage service shall be limited to seated patrons.
(6) Live entertainment, karaoke, or disc jockeys on the premises are prohibited.
(7) Television monitors or screens are prohibited in all outdoor areas.
(8) Music or speakers are prohibited in all outdoor areas.
(9) Entertainment in conjunction with the restaurant shall be limited to indoor ambient music at a low volume that is not audible outside of the building.
(10) Any music, sound or noise which is under the control of the restaurant shall comply with Sections 112.06 or 116.01 of the LAMC (citywide noise regulations). A City representative from a department authorized to inspect for compliance with noise regulations may visit the site during operating hours to measure the noise levels. If, upon inspection, it is found that the noise level exceeds the level allowed by the citywide noise regulations, the owner/operator shall be notified and shall be required to modify or eliminate the source of the noise or retain an acoustical engineer to recommend, design, and implement noise control measures within the property, such as noise barriers, sound absorbers, or buffer zones.
(11) A City-issued placard pursuant to this section issued by the Department of City Planning shall be posted by the restaurant in an area clearly visible to the public, indicating that the restaurant is subject to the requirements and restrictions of the Restaurant Beverage Program – Alcohol Sensitive Use Zone.
(12) A copy of this ordinance shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.
(13) No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time.
(14) Any portion of the restaurant used for private events shall be subject to all the same development standards and operations, including hours of operation, stated herein.
(15) A telephone number and email address shall be provided for complaints or concerns regarding the operation of the restaurant. The phone number and email address shall be provided on the restaurant’s website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:
(i) Entry, visible to pedestrians; and
(ii) Customer service desk, front desk or near the reception area.
(16) The restaurant shall respond to complaints within 24 hours. The restaurant shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.
(c) Security.
(1) Within the restaurant, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).
(2) All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
(3) A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.
(d) Monitoring.
(1) The restaurant shall maintain the premises and adjoining rights-of-way free of debris and litter.
(2) The restaurant shall monitor both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
(3) The restaurant shall take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. For purposes of this subparagraph, reasonable steps include, but are not limited to:
(i) Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may jeopardize personal safety;
(ii) Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and
(iii) Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.
(4) Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.
(5) All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
(6) Loitering is prohibited in all areas under the control of the restaurant. A “No Loitering or Public Drinking” sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.
(7) An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.
(8) The restaurant shall comply with California Labor Code 6404.5 which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices or hookah pipes, within any enclosed place of employment.
(9) A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
(10) Within the first six months of the Restaurant Beverage Program – Alcohol Sensitive Use Zone administrative clearance, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the restaurant shall request the Los Angeles Police Department or California Department of Alcoholic Beverage Control to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for all new hires within three months of their employment.
(e) Administration.
(1) Upon submission of an application for the Restaurant Beverage Program – Alcohol Sensitive Use Zone administrative clearance, the applicant shall pay the fees required per LAMC Section 19.04 for: Administrative Clearance – Restaurant Beverage Program; Monitoring Restaurant Beverage Program Compliance; and Inspection and Field Compliance Review of Operations. The applicant must also submit the following with the application:
(i) A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards pursuant to Section 12.22 A.35. of the LAMC;
(ii) The flyer or other summary including the restaurant name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits) prepared and presented for outreach purposes pursuant to LAMC Section 12.22 A.35.(a)(2);
(iii) Proof of outreach conducted pursuant to LAMC Section 12.22 A.35.(a)(2) which shall include an official agenda listing the restaurant as intending to apply for the Restaurant Beverage Program – Alcohol Sensitive Use Zone or a letter on organization letterhead attesting to the appearance or presence of the applicant before the Board; and,
(iv) A revocable permit from the Bureau of Engineering, Department of Public Works is required for any outdoor dining area located in the public right-of-way. A copy of the approved revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way as permitted by this provisional administrative clearance.
(2) Prior to the administrative clearance, a Covenant and Agreement, on a form provided by the Department of City Planning, acknowledging and agreeing to comply with all the terms established herein shall be recorded in the County Recorder’s Office. The Covenant and Agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. After recordation, a certified copy bearing the Recorder’s number and date shall be provided to the Department of City Planning.
(3) The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements and standards pursuant to Section 12.22 A.35. of this Code. Upon payment of fees pursuant to Section 19.04, the applicant is subject to the following:
(i) Within the first 24 months of the administrative clearance, an inspector will conduct a site visit to assess compliance with, or violations of, any of the provisions of Section 12.22 A.35. A second inspection shall take place within 36 months of the first inspection.
(ii) The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective actions taken by the City.
(4) The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the restaurant is located shall be notified at the time an application for the Restaurant Beverage Program – Alcohol Sensitive Use Zone, pursuant to LAMC Section 12.22 A.35., is filed. If the restaurant is not within the boundaries of a Neighborhood Council, then notification to only the applicable Council District office shall be sufficient.
(5) If three citations for violating the Restaurant Beverage Program – Alcohol Sensitive Use Zone, LAMC Section 12.22 A.35.(a) through (e), are issued to the restaurant in any two-year period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to rely on the exception to Section 12.21 A.10. or Section 12.24 W.1. of the LAMC provided by Section 12.22 A.35. of the LAMC for five years commencing on the date of the third citation.
(i) A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.
(ii) The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.
(6) Upon completion of a one year provisional period, which begins the day following issuance of administrative clearance and ends 365 days thereafter, the restaurant’s compliance with provisions for the sale and dispensing of alcoholic beverages, as authorized under Section 12.22 A.35., shall be subject to a review, by the Department of City Planning, of the number of validated complaints received by the City pertaining to Section 12.22 A.35. Validated complaints shall consist of complaints which result in any of the following City enforcement actions:
(i) Orders to Comply issued by the Department of Building and Safety for violations of the provisions of Section 12.22 A.35.; and
(ii) Citations issued by the Los Angeles Police Department for violations of the provisions of Section 12.22 A.35.; and
(iii) Any other City enforcement-related action for violations of the provisions of Section 12.22 A.35.;
(a) In response to complaints submitted by the public through a City complaint portal; or
(b) As a result of City- initiated inspections.
(7) If a restaurant receives five or more valid complaints upon the completion of the one year provisional period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to use Section 12.22 A.35. as an exception to Section 12.21 A.10. of the LAMC. Restaurants that are ineligible under Section 12.22 A.35. and wish to continue the sale or dispensing of alcoholic beverages shall only be permitted pursuant to Section 12.24 W.1.
(8) If a restaurant receives four or fewer valid complaints upon completion of the one year provisional period, the restaurant shall be allowed to continue in the Restaurant Beverage Program – Alcohol Sensitive Use Zone. The restaurant shall continue to be subject to the provisions set forth in Section 12.22 A.35.
(9) The owner or the operator of the restaurant shall reapply for the provisional administrative clearance if there is:
(i) a change in State alcohol license type;
(ii) a modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating; or
(iii) a change in the ownership or the operator of the restaurant.
36. Trucking-Related Uses. (Added by Ord. No. 188,287, Eff. 7/1/24.) Notwithstanding anything to the contrary in Article 2 of this Chapter, within the Geographic Project Area, Trucking-Related Uses shall be prohibited as provided below:
(a) Use Regulations.
(1) Prohibition. This Subdivision prohibits the issuance of all permits and certificates of occupancy associated with the establishment or the expansion of all Trucking-Related Uses as a primary use. This prohibition shall not apply to an Electric Vehicle Charging Facility, Large Vehicle, which complies with the development standards in Subparagraph (2).
(2) Electric Vehicle Charging Facility, Large Vehicle. In the Geographic Project Area, Electric Vehicle Charging Facility, Large Vehicle uses shall be subject to the following development standards:
(i) The use shall not be within 200 feet of a Sensitive Use or within 200 feet of a residential or an agricultural zoned parcel.
(ii) The facility is surrounded by a minimum 3.5-foot-high concrete or masonry wall that has a minimum thickness of 8 inches along any lot line abutting a street. Walls shall not include chain link, barbed wire, or concertina. No wall may be constructed of tires, junk, leaves or other discarded materials.
(iii) A minimum 4-foot landscaped buffer shall be required at the frontage lot line with a minimum of 20 perennial plants including shrubs, vines, succulents, grasses and ferns every 50 feet with a minimum height at maturity of three (3) feet, shall be provided on the exterior side of the frontage wall.
(iv) A minimum of three (3) trees with a minimum 15-gallon container size and a minimum caliper of one inch at the planting (or the standard specified by the American Standard for Nursery Stock) shall be required for every 50 feet of the frontage lot line.
(v) Trees shall be planted on the exterior side of the required frontage wall.
(vi) Design and install of irrigation systems pursuant to Guidelines BB-Irrigation Specification (adopted pursuant to Section 12.41 B.2. of the LAMC).
(b) Expiration. The Ordinance shall expire upon the effective date of the adoption of a comprehensive update to the Wilmington-Harbor City Community Plan or other amendment to the City’s Zoning Ordinance, which regulates Trucking-Related Uses within the Geographic Project Area.
(c) Definitions. The following terms and phrases shall be used to construe, and be limited to only construing, this Subdivision A.36.:
(1) Electric Vehicle Charging Facility, Large Vehicles. Any fueling station dedicated to providing electric vehicle charging for large vehicles. Large vehicles include vehicles possessing three (3) or more axles, such as trailer trucks, construction vehicles, and motor homes. Electric Vehicle Charging Facility, Large Vehicle, does not include electric vehicle charging stalls within a parking area serving another use or uses.
(2) Geographic Project Area. The area of the Wilmington-Harbor City Community Plan, bounded by the following: Sepulveda Boulevard and Lomita Boulevard on the north, Alameda Street on the east, Western Avenue on the west, and the jurisdictional boundary with the Port of Los Angeles on the south (Harry Bridges Boulevard), except the industrial area east of Alameda Street and the Wilmington Industrial Park area located south of G Street, east of Quay Avenue, south of D Street and Lakme Avenue.
(3) Sensitive Use. A residential use, a medical use, a school use, or any open space and indoor/outdoor recreational uses, which include, but are not limited to, skate parks, playgrounds, gymnasiums, fitness centers, sports courts, and athletic fields.
(4) Truck Parking (Parking of Trucks). A building, structure, or principal use of land used to park freight trucks, freight truck trailers, or the associated equipment/accessories, including, but not limited to, storage of chassis, container stackers, cranes, and forklift trucks.
(5) Trucking-Related Uses. Uses where a building, structure or principal use of land relates to the use, operation, service or storage of freight trucks and freight truck operations. Trucking-Related Uses include but are not limited to, Truck Parking, Truck Storage, Trucking Terminal, Trucking Yard, Electric Vehicle Charging Facility, Large Vehicle, and similar uses.
(6) Truck Storage (Commercial Vehicle Storage). A building, structure, or principal use of land used to store freight trucks, freight truck trailers, or the associated equipment/accessories, including, but not limited to, storage of chassis, container stackers, cranes, and forklift trucks.
(7) Trucking Terminal. A building, structure, or principal use of land where freight trucks dock to unload/load and transport goods, and which may include the storage of freight trucks or truck trailers or associated equipment/accessories, including, but not limited to, chassis, container stackers, cranes, and forklift trucks. Trucking Terminal does not include commercial uses of land such as grocery or retail stores with loading docks.
(8) Trucking Yard. A building, structure or principal use of land used to store freight trucks, freight truck trailers or the associated equipment/accessories including but not limited to chassis, container stackers, cranes, and forklift trucks and may include a maintenance yard.
(d) Nothing in this Subsection is intended to allow any uses, not otherwise allowed under this Chapter or any ordinance adopted under this Chapter. And nothing in this Subsection is intended to prohibit any use not explicitly prohibited by this Subsection.
37. State Density Bonus Program. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
(a) Purpose. The purpose of this subdivision is to establish procedures for the implementation of State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, and to increase the production of affordable housing, consistent with City policies.
(b) Definitions. The following definitions shall apply to this subdivision:
Disabled Veteran. Disabled Veteran shall be as defined in California Government Code Section 18541.
Homeless Person. Homeless Person as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
Incentive. As defined in Section 12.03 of this Code.
Lower Income Student. A student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in California Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission affirming that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
Senior Citizens. Individuals who are at least 62 years of age, except that for projects of at least 35 units that are subject to this subdivision, a threshold of 55 years of age may be used, provided all applicable City, state and federal regulations are met.
Senior Citizen Housing Development. A Housing Development that has at least 35 dwelling units or guest rooms, as defined in California Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Sections 798.76 or 799.5. It also includes a residential care facility for the elderly, as defined in California Health and Safety Code Section 1569.2.
Shared Housing Building. A residential or mixed-use structure, with five or more Shared Housing Units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants as defined in California Government Code Section 65915(o)(7)(A).
Shared Housing Unit. One or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, and is used for permanent residence in a Shared Housing Building, and is as further defined in Government Code Section 65915(o)(7)(B). A Shared Housing Unit shall comply with the definition of “Guest Room” for purposes of zoning and allowable density.
Student Housing Development. Student Housing Development shall be as defined in California Government Code Section 65915(b)(1)(F).
Transitional Foster Youth. Transitional Foster Youth shall be as defined in California Education Code Section 66025.9.
Very Low Vehicle Travel Area. It shall be as defined in California Government Code Section 65915(o)(9).
Waiver. Waivers are reductions in Development Standards that will have the effect of physically precluding the construction of a Housing Development meeting the eligibility criteria of Paragraph (c), at the densities or with the Incentives permitted under this Subdivision 37., as also discussed in California Government Code Section 65915(e). Waivers neither reduce nor increase the number of Incentives to which a project is entitled.
(c) Eligibility. To qualify for the provisions of this subdivision, a project must satisfy all of the following:
(1) Meet the definition of a Housing Development or Shared Housing Building, with five or more Dwelling Units or Shared Housing Units (collectively referred to in this Subdivision 37. as “residential units” or “units”), including mixed-use developments. For the purpose of establishing the minimum number of five residential units, Density Bonus units shall be excluded.
(2) Reserve a percentage of the residential units (excluding units added by a Density Bonus) provided in a project as:
(i) Restricted Affordable Units for at least one of the following income levels in Table 12.22 A.37.(c)(2)(iii) below, or
(ii) Restricted residential units, as specified, for one of the Target Populations listed in Table 12.22 A.37.(c)(2)(iii) below.
Table 12.22 A.37.(c)(2)(iii)
Required Percentage of Restricted Units
Income Level
Minimum % of Units Provided (Excluding Units Added by a Density Bonus)
Very Low Income (For Rental or For Sale)
5
Lower Income (For Rental or For Sale)
10
Moderate Income (For Sale)
10
Target Population
Minimum % of Units Provided (Excluding Units Added by a Density Bonus)
Senior Citizen
100 1
Transitional Foster Youth, Disabled Veteran, or Homeless Persons 2
10
Lower Income Students 3
20
Footnotes
1. Units must be in a Senior Citizen Housing Development that must comply with Sections 51.2 and 51.3 of the California Civil Code and all units provided in the resulting Senior Citizen Housing Development should be reserved for Senior Citizens regardless of the specifications stated in Table 12.22 A.37.(c)(2)(iii).
2. Units provided for Transitional Foster Youth, Disabled Veterans, or Homeless Persons in Table 12.22 A.37.(c)(2)(iii) shall be provided as Very Low Income Restricted Affordable Units.
3. Units provided for Lower Income Students shall be provided at an affordability level as specified in California Government Code Section 65915(b)(1)(F).
(3) The Housing Development does not require the demolition of a Designated Historic Resource, as demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code, and any proposed alteration to a Designated Historic Resource shall not be approved until any required review pursuant to the Los Angeles Municipal Code, or other state or federal law, is completed.
(d) Procedures. A Housing Development that meets the provisions of this subdivision shall be reviewed pursuant to Procedures described in this paragraph. Though an approval of a Density Bonus or Incentive pursuant to this subdivision shall not, in and of itself, trigger a General Plan Amendment, Zone Change, Project Review or other discretionary review actions required by this Code, the applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply for Housing Developments seeking other discretionary approvals in conjunction with an application pursuant to these procedures in Paragraph (d).
(1) Los Angeles Department of Building and Safety Review. A Housing Development seeking Base Incentives described in Paragraph (e) and/or Incentives listed on the Menu of Incentives described in Section 12.22 A.37.(f)(2) of this Code shall be considered ministerial and processed by the Department of Building and Safety.
(i) Exception. A Housing Development requesting Incentives from the Menu of Incentives that cannot comply with the criteria established in Section 12.22 A.37.(f)(1)(iii) of this Code shall comply with procedures set forth in Section 12.22 A.37.(d)(2) of this Code.
(2) Expanded Administrative Review. The following Housing Developments shall be ministerially reviewed by the Department of City Planning pursuant to Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code. As defined in this section, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). Housing Developments requesting a Waiver in addition to any Incentives shall be subject to the Procedures described in Section 12.22 A.37.(d)(3) of this Code.
(i) Housing Developments That Request the Public Benefit Options. Housing Developments that request only Public Benefit Options described in Paragraph (g) in addition to an Incentive listed on the Menu of Incentives shall not be subject to any hearing procedures regardless of the provisions contained in Section 13B.3.2.D of this Code.
(ii) Housing Developments Requesting Incentives Not on the Menu of Incentives. Housing Developments that request an Incentive not listed on the Menu of Incentives described in Section 12.22 A.37.(f)(2) of this Code may be subject to a public hearing as described in Section 13B.3.2.D of this Code.
(3) City Planning Commission Review. The following Housing Developments must file an application pursuant to the procedures set forth in Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code. Notwithstanding the provisions set forth in Section 13B.2.3 of Chapter 1A, the decision of the City Planning Commission shall be final and not further appealable.
(i) Housing Developments Requesting A Waiver. A Waiver shall be approved by the applicable decision-making authority unless that decision-making authority makes one of the following findings:
a. The Development Standard associated with a request for a Waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph (c) at the densities or with the Base Incentives and Additional Incentives permitted under this subdivision.
b. The Waiver would have a Specific Adverse Impact as defined in California Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the Specific, Adverse Impact. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
d. The Waiver would be contrary to state or federal law.
(ii) Housing Developments Seeking Density Bonuses Exceeding this Subdivision. In addition to the procedures set forth in Section 13B.2.3 of Chapter 1A of this Code, a Housing Development requesting a Density Bonus that exceeds the Density Bonuses authorized by Section 12.22 A.37.(e) of this Code shall be subject to the requirements and findings set forth in Section 12.24 U.26. of this Code.
(4) One Hundred Percent Affordable Housing Projects. One Hundred Percent Affordable Housing Projects shall be reviewed pursuant to Section 12.22 A.39. of this Code.
(5) Other Discretionary Approvals. Applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code apply to a Housing Development seeking another discretionary approval in conjunction with an application pursuant to the Procedures in Paragraph (d). Regardless of any other findings that may be applicable, the decision maker must approve the requested Base Incentives and Additional Incentives, either on or not on the Menu of Incentives described in Section 12.22 A.37.(f)(2) of this Code, requested under this subdivision unless the decision maker, based upon substantial evidence, makes one or more of the disapproval findings described in Section 12.22 A.37.(f)(1)(ii) of this Code.
(6) Applicability of Procedures, Program Standards and Incentives.
(i) If a public hearing, when required, has been held for a project, and prior to the operative date of this subdivision the project’s entitlement application was filed and associated fees paid, the project shall be subject to all applicable provisions of Chapter 1 of this Code, including any Incentive menus or options, that were in effect on the date the application was filed and fees were paid.
(ii) If a public hearing, when required, has not yet been held for a project, and prior to the operative date of this subdivision the project’s entitlement application was filed and associated fees paid, the applicant may elect to apply the Procedures and comply with the Program Standards of this subdivision. Any such project shall be subject to all other applicable provisions in Chapter 1 of this Code, including any Incentive menus or options, that were in effect on the date the application was filed and fees were paid.
(iii) If on or after the operative date of this subdivision a new project entitlement application is filed and associated fees are paid, the project shall be subject to all applicable provisions of this subdivision. A project shall only be able to apply the Incentives of this subdivision, including any Incentive menus or options, if on or after the operative date of this subdivision both a new entitlement application is filed and associated fees are paid.
(e) Base Incentives. A Housing Development shall be granted any of the Base Incentives established in this paragraph in exchange for the required minimum percentage of Restricted Affordable Units established in Paragraph (c) of this subdivision. A project that qualifies for Base Incentives established in this paragraph shall also be eligible for Additional Incentives pursuant to paragraph (f) and Public Benefit Options pursuant to Paragraph (g) of this subdivision unless otherwise stated.
(1) Density.
(i) For Sale or Rental Housing with Very Low or Lower Income Restricted Affordable Units and for Sale Housing with Moderate Income Units. For sale or rental housing with Very Low Income or Lower Income Restricted Affordable Units and For Sale Housing with Moderate Income units shall receive a Density Bonus as follows in Table 12.22 A.37.(e)(1)(i)a., but shall not exceed 50% unless seeking an Additional Density Bonus pursuant to Table 12.22 A.37.(e)(1)(ii)a. Residential units constructed as a result of a Density Bonus may be permitted in geographic areas of the Housing Development other than the areas where Restricted Affordable Units or residential units for a Target Population are located.
Table 12.22 A.37.(e)(1)(i)a.
Required Percentage of Restricted Affordable Unit Set Asides - Density Bonuses
Percentage of Density Bonus
Percentage of Very Low Income
Percentage of Lower Income
Percentage of Moderate Income (For-Sale)
Percentage of Density Bonus
Percentage of Very Low Income
Percentage of Lower Income
Percentage of Moderate Income (For-Sale)
5
-
-
10
6
-
-
11
7
-
-
12
8
-
-
13
9
-
-
14
10
-
-
15
11
-
-
16
12
-
-
17
13
-
-
18
14
-
-
19
15
-
-
20
16
-
-
21
17
-
-
22
18
-
-
23
19
-
-
24
20
5
10
25
20.5
-
-
-
21
-
-
26
21.5
-
11
-
22
-
-
27
22.5
6
-
-
23
-
12
28
23.5
-
-
-
24
-
-
29
24.5
-
13
-
25
7
-
30
25.5
-
-
-
26
-
14
31
26.5
-
-
-
27
-
-
32
27.5
8
15
-
28
-
-
33
28.5
-
-
-
29
-
16
34
29.5
-
-
-
30
9
-
35
30.5
-
17
31
-
-
36
31.5
-
-
-
32
-
18
37
32.5
10
-
-
33
-
-
38
33.5
-
19
-
34
-
-
39
34.5
-
-
-
35
11
20
40
38.75
12
21
41
42.5
13
22
42
46.25
14
23
43
50
15
24
44
(ii) Additional Density Bonus. A Housing Development that provides Restricted Affordable Units sufficient to qualify for a 50% Density Bonus may seek an Additional Density Bonus pursuant to Table 12.22 A.37.(e)(1)(ii)a. provided that the resulting Housing Development does not restrict more than 50 percent of a Housing Development’s residential units, excluding bonus units, to Restricted Affordable Units. The Additional Density Bonus shall be calculated by excluding any Density Bonus units allowed by Table 12.22 A.37.(e)(1)(i)a. The Additional Density Bonus shall also be calculated separately from the Density Bonus allowed by Table 12.22 A.37.(e)(1)(i)a. to account for the rounding of fractional numbers for both the Density Bonus and Additional Density Bonus pursuant to Section 12.22 A.37.(h)(5) of this Code. This Additional Density Bonus provision may be used in lieu of Section 12.24 U.26. of this Code to the extent the bonus is available as specified herein.
Table 12.22 A.37.(e)(1)(ii)a.
Required Percentage of Restricted Affordable Unit Set Asides - Additional Density Bonuses
Percentage of Density Bonus
Percentage of Very Low Income
Percentage of Moderate Income
Percentage of Density Bonus
Percentage of Very Low Income
Percentage of Moderate Income
20
5
5
22.5
-
6
23.75
6
-
25
-
7
27.5
7
8
30
-
9
31.25
8
-
32.5
-
10
35
9
11
38.75
10
12
42.5
-
13
46.25
-
14
50
-
15
(iii) Housing for Target Populations. A Housing Development that provides residential units for a Target Population as described in Table 12.22 A.37.(c)(2)(iii), shall receive a Density Bonus as follows in Table 12.22 A.37.(e)(1)(iii)a. The Density Bonus may be granted in lieu of a Density Bonus for residential units set aside as Restricted Affordable Units based on Table 12.22 A.37.(e)(1)(i)a.
Table 12.22 A.37.(e)(1)(iii)a.
Housing for Target Populations - Density Bonuses
Target Population
Percentage of Density Bonus
Senior Citizen
20% of the number of Senior Citizen units
Transitional Foster Youth / Disabled Veterans / Homeless Persons
20% of the number of Target Population units giving rise to a Density Bonus
Lower Income Student Development
Percent Bonus
Percent of Units (excluding bonus units) that are Restricted Affordable Units
35%
20%
38.75%
21%
42.5%
22%
46.25%
23%
50%
24%
Footnotes
1. Senior Citizen Housing Development must comply with Sections 51.2 and 51.3 of the California Civil Code.
(iv) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California Government Code Section 65915(g), as verified by the Department of City Planning, shall be granted a Density Bonus of 15% as specified in California Government Code Section 65915(g), in addition to the Density Bonus sought pursuant to Section 12.22 A.37.(e)(1) of this Code, up to a combined maximum density increase of 35%.
(2) Parking. Upon the request of an applicant a Housing Developments may reduce the number of required parking spaces set forth in this Code or other applicable City land use regulation as follows, pursuant to California Government Code Section 65915(p):
(i) Parking shall not be required for Housing Developments located within one-half mile of a Major Transit Stop pursuant to California Government Code Section 65863.2.
(ii) If a Housing Development is not eligible for parking reductions pursuant to California Government Code Section 65863.2, a Housing Development may utilize the vehicular parking ratio described in Table 12.22 A.37.(e)(2)(ii)a.
Table 12.22 A.37.(e)(2)(ii)a.
Vehicular Parking Ratio for Eligible Housing Developments
Number of Bedrooms
Parking Spaces per Residential Unit Type
Zero to one bedroom
1
Two to three bedrooms
1.5
Four and more bedrooms
2.5
(iii) Provided parking shall be sold or rented separately from the residential units in Housing Developments with 16 or more units consistent with California Civil Code Section 1947.1, as verified by the Los Angeles Housing Department.
(iv) Required automobile parking ratios apply to all residential units in a Housing Development (not just the Restricted Affordable Units), inclusive of disabled and required guest parking where applicable. All parking spaces provided shall comply with Section 12.21 A.5. of this Code. Except that any combination of standard, compact, tandem or uncovered parking spaces may be provided consistent with California Government Code Section 65915(p)(4). Tandem parking spaces that do not comply with Section 12.21 A.5.(h)(2) of this Code may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times.
(v) Required parking spaces provided may be uncovered consistent with California Government Code Section 65915(p)(4).
(f) Additional Incentives. A Housing Development shall be granted a number of Additional Incentives pursuant to the provisions of this paragraph in addition to the Base Incentives established in Section 12.22 A.37.(e) of this Code.
(1) A Housing Development shall be eligible for a specified number of Additional Incentives based on providing the applicable percentage of residential units (excluding units added by a Density Bonus) listed in Table 12.22 A.37.(f)(1)(i) below as Restricted Affordable Units. A Housing Development may request Incentives listed on the Paragraph (f)(2) Menu of Incentives or request an Incentive not on the Menu of Incentives in order to seek a deviation from a Development Standard elsewhere in the Los Angeles Municipal Code or a Housing Development site’s applicable zoning ordinance, Community Plan, Specific Plan, or overlay. Refer to Paragraph (d) for the approval Procedure that is applicable to the Housing Development’s Incentive request.
Table 12.22 A.37.(f)(1)(i)
Allowed Number of Additional Incentives
Level of Affordability
Required Percentage of Residential Units Provided as Restricted Affordable Units (Excluding Units Added by a Density Bonus)
1 Incentive
2 Incentives
3 Incentives
4 Incentives 1
Very Low Income (for rental or for sale)
5%
10%
15%
16%
Lower Income (for rental or for sale)
10%
17%
24%
N/A
Moderate Income (for sale)
10%
20%
30%
45%
Lower Income Student Housing
20%
23%
N/A
N/A
Footnotes
1. One Hundred Percent Affordable Housing Projects shall be processed pursuant to Section 12.22 A.39. of this Code.
(ii) An Incentive allowed per Table 12.22 A.37.(f)(1)(i) and requested pursuant to the applicable procedure in Paragraph (d) of this subdivision shall be granted unless any one of the following written findings are made based upon substantial evidence:
a. The Incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
b. The Incentive will have a Specific Adverse Impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to low-income and moderate-income households. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Incentive would be contrary to state or federal law.
(iii) To be eligible for the Menu of Incentives described in Section 12.22 A.37.(f)(2) of this Code, a Housing Development shall comply with the following:
a. The Housing Development shall not be located in a Very High Fire Hazard Severity Zone, a Sea Level Rise Area, or the Coastal Zone.
(iv) Commercial Off-Site. Pursuant to California Government Code Section 65915.7, a commercial development may request one Incentive set forth in California Government Code Section 65915.7(b) if the commercial developer directly contributes affordable housing, or enters into a contract for partnered housing described in 65915.7 with a housing developer to construct affordable housing. If Section 65915.7 sunsets, this provision shall be of no further force or effect. If a commercial developer partners with a housing developer, an agreement, subject to approval by the Department of City Planning, shall identify exactly how the commercial developer will contribute affordable housing. Housing constructed pursuant to this Commercial Off-Site provision shall be constructed on the site of the commercial development or on a site that meets all of the following requirements:
a. Located within the boundaries of the City of Los Angeles; and
b. In close proximity to public amenities including schools and employment centers; and
c. Located within one-half mile of a Major Transit Stop.
(2) Menu of Incentives. A Housing Development may request one or more of the following Incentives not to exceed the number of Incentives allowed by Table 12.22 A.37.(f)(1)(i). Each request from the Menu of Incentives shall constitute one Incentive request unless otherwise stated.
(i) Yards. Housing Developments may request a reduction of otherwise required yards as follows in Table 12.22 A.37.(f)(2)(i)a. In C zones, yard reductions from the Table may be requested as one Incentive. Separately in R zones, yard reductions from the Table may also be requested as one Incentive.
Table 12.22 A.37.(f)(2)(i)a.
Allowed Yard Incentives
Zone
Yard Incentive
C Zones
Side, Rear and Front Yards. A Housing Development may utilize any or all of the yard requirements for the RAS3 zone per Section 12.10.5 of this Code. A Housing Development on a commercially zoned site adjacent to a property zoned RD or more restrictive may provide a rear yard of not less than five feet.
R Zones
Front Yards. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line of adjacent buildings along the same street frontage. Or, if a site is a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there are no adjacent buildings, no reduction is permitted.
Side and Rear Yards. Up to 30% decrease in the required width or depth of any individual yard or setback.
(ii) Floor Area Ratio. A Housing Development may request an increase in the otherwise allowed Floor Area Ratio (FAR) equal to the percentage of Density Bonus for which the Housing Development is eligible, not to exceed 35% or a maximum FAR of 3.0:1, whichever is greater, if located within a one-half mile radius (2,640 feet) of a Major Transit Stop. In a mixed-use development, the FAR bonus will apply only to the new residential units and required amenity areas for the residential units; and the nonresidential portion shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
a. Exception. A project on a lot zoned “RD” Restricted Density or more restrictive, or on a lot with a Designated Historic Resource, or Non-Contributor, shall not be eligible for an on- menu FAR incentive.
(iii) Height. A Housing Development may request a height increase to permit a maximum of eleven additional feet or one additional story, whichever is lower. This increase in height shall be applicable over the entire development site regardless of the number of underlying height limits, including Transitional Height or stepback requirements, except when the Transitional Height Incentive below is also requested. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use Housing Developments.
a. Notwithstanding Section 12.21.1 of this Code, for Housing Developments where a rooftop deck is provided, roof structures for the housing of an elevator or stairway may exceed the building height limit by up to 17 feet on sites where the applicable Height District limits height to 30 feet or 45 feet provided the proposed roof structure(s) is set back from the roof perimeter by 5 feet.
(iv) Transitional Height. A Housing Development may select the following transitional height requirements in Table 12.22 A.37.(f)(2)(iv)a. below, as illustrated by Figure 12.22 A.37.(f)(2)(iv)b., in lieu of those found in: Section 12.21.1 A.10. of this Code; any applicable transitional height limits in a Housing Development site’s applicable zoning, Community Plan, Specific Plan, or overlay; any requirements for reduced building heights or step-backs when a development site is adjoining a RW1 or more restrictive zone; and the transitional height requirements found in Section 12.21.1 A.10. of this Code or any applicable Specific Plan or overlay for the portion of a Housing Development site abutting the OS zone.
Table 12.22 A.37.(f)(2)(iv)a.
Allowed Transitional Height Incentives
Step Back Distance*
Side or Rear Step-Back
10-feet
4 Story Step-Back
30-feet
6 Story Step-Back
50-feet
* Setback and Step-back is measured from the property line.
Figure 12.22 A.37.(f)(2)(iv)b.
(v) Building Spacing and Passageways. A Housing Development subject to the provisions set forth in Section 12.21 C.2. of this Code may request a reduction in building spacing and passageway requirements as follows:
a. Up to a 30% reduction in the space between buildings required pursuant to Section 12.21 C.2.(a) of this Code; and
b. Up to a 50% reduction in the width of the passageway required pursuant to Section 12.21 C.2.(b) of this Code or the space provided to meet a site’s side yard requirement, whichever provides a greater reduction. Passageways provided may extend from any public street adjacent to the Housing Developments site.
(vi) Lot Coverage. A Housing Development may request up to a 20% increase in lot coverage limits, provided that the landscaping for the Housing Development meets a minimum of 30 points under the Landscape and Site Design Ordinance at Section 12.40 of this Code, and the Landscape and Site Design Point System.
(vii) Lot Width. A Housing Development may request up to a 25% decrease from a lot width requirement, provided that the landscaping for the Housing Development meets a minimum of 30 points under the Landscape and Site Design Ordinance at Section 12.40 of this Code, and the Landscape and Site Design Point System.
(viii) Open Space. In lieu of the open space calculations set forth in Section 12.21 G.2. of this Code, a Housing Development requesting an open space Incentive may calculate the usable open space requirement as 15% of the total lot area or 10% of the total floor area confined within the perimeter walls of the provided residential units, whichever is greater, provided that the overall design of the Housing Development meets a minimum of 30 points under the Landscape and Site Design Ordinance at Section 12.40 of this Code, and the Landscape and Site Design Point System. Common Open Space shall constitute at least 50% of the usable open space calculated under this incentive and shall be provided as outdoor space and comply with applicable provisions of Section 12.21 G.2.(a) of this Code. Usable open space provided as Private Open Space shall comply with Section 12.21 G.2(b) of this Code.
(ix) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as a part of the lot area for purposes of calculating the maximum density permitted by the underlying zone in which the Housing Development is located.
(x) Averaging of Floor Area Ratio, Density, Parking, or Open Space, and Permitting Vehicular Access. A Housing Development that is located on one or more contiguous lots, not separated by a street or alley, may average and permit the floor area, density, open space and residential and commercial parking over the project site, and permit vehicular use and access between a less restrictive zone and a more restrictive zone, provided that:
a. The proposed Housing Development includes the number of Restricted Affordable Units sufficient to qualify for a 35% Density Bonus; and
b. No further lot line adjustment, or any other action that may cause the Housing Development site to be subdivided, shall be permitted subsequent to this grant during the life of the proposed development pursuant to a covenant running with the land that is recorded with the Los Angeles County Recorder prior to the issuance of any building permit; and
c. The proposed uses in the Housing Development are located on areas of the development site where the proposed uses are permitted by the underlying zone(s) of each area; and
d. The proposed Housing Development is located on one or more contiguous lots that are not separated by a street or alley.
(xi) Supplementary Parking Reductions. An applicant may request the following reductions as a single Incentive:
a. Commercial Parking. A Housing Development may request the elimination of any requirement to provide new, or maintain existing, automobile parking spaces required by Chapter 1 of this Code associated with a commercial use that is proposed in conjunction with the Housing Developments.
b. General Parking Reduction. A Housing Development located within one-half mile radius of a High-Quality Transit Service may receive up to a 50% reduction in required parking spaces pursuant to California Government Code Section 65915(p)(5).
(xii) P Zone. In lieu of the limitations described in Section 12.12.1 and Section 12.12.1.5 of this Code, in a P or PB zone a Housing Development may include the uses and area standards permitted in the least restrictive adjoining zone. For purposes of this P Zone Incentive the phrase “adjoining zone” refers to the zones of properties abutting, across the street or alley from, or having a common corner with, the subject property.
(xiii) Relief from a Development Standard. A Housing Development may request up to 20% relief from a Development Standard contained in Chapter 1 of this Code, a Community Plan, an overlay, a Specific Plan, a Q Condition, or a D Condition. A Housing Development requesting this Incentive must provide landscaping for the Housing Development that meets a minimum of 30 points under the Landscape and Site Design Ordinance in Section 12.40 of this Code, and the Landscape and Site Design Point System. This Incentive may be requested more than once, but shall require the use of an Incentive for each request.
a. Exception. This Incentive shall not apply to Development Standards that regulate FAR, height, yards / setbacks, ground story requirements, signs, parking in front of buildings, required trees, pedestrian access, or usable open space. This Incentive also shall not apply to a Designated Historic Resource, or a Non-Contributor.
(xiv) Senior Independent Housing. In lieu of otherwise applicable limitations, a Housing Development or Senior Citizen Housing Development that also meets the definition of Senior Independent Housing may be permitted in any zone that would otherwise allow a Housing Development. In addition, a Senior Independent Housing development that qualifies as a Shared Housing Building shall be treated the same as a Shared Housing Building.
(g) Public Benefit Options. A Housing Development shall be granted any number of Public Benefit Options pursuant to the provisions described below in addition to the Base Incentives established in Section 12.22 A.37.(e) of this Code and the Additional Incentives described in Section 12.22 A.37.(f) of this Code. A Housing Development located in Sea Level Rise Areas, Very High Fire Hazard Severity Zones, or the Coastal Zone, and a project that provides fewer restricted units than required for the maximum number of Incentives available to an income category or Target Population, shall not be eligible for the Public Benefit Options described in Section 12.22 A.37.(g)(2) or Section 12.22 A.37.(g)(3) of this Code.
(1) Child Care Facility. A Housing Development that includes a Child Care Facility located on the premises of, as part of, or adjacent to, the Housing Development; that records a covenant in the project site’s chain of title to the benefit of the City using language to the satisfaction of the City, that requires the Child Care Facility be maintained for at least 55 years; and that complies with the requirements set forth in California Government Code Section 65915(h)(2), shall be granted either of the following:
(i) An increase in the floor area of the Housing Development’s residential unit space equal to the floor area of the Child Care Facility included in the Housing Development; or
(ii) An additional Incentive listed on the Menu of Incentives or not listed on the Menu of Incentives, using the procedures of Section 12.22 A.37.(d)(2) of this Code, that contributes significantly to the economic feasibility of the construction of the Child Care Facility.
(iii) Notwithstanding the Public Benefit Options available under this Subparagraph (1), pursuant to California Government Code Section 65915(h)(3), a Density Bonus or Incentive for a Child Care Facility shall not be provided if the applicable decision-maker finds, based on substantial evidence, that the community has adequate Child Care Facilities.
(2) Multi-Bedroom Units. A Housing Development that includes units with three bedrooms or more, and executes a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future, shall be granted one of the following options to requested Floor Area and Height Incentives:
(i) A Housing Development that includes units with three bedrooms or more in a minimum of 10% of its overall residential units (including units added by a Density Bonus), shall be granted additional Floor Area and/or Height in addition to what is available on the Menu of Incentives in Section 12.22 A.37.(f)(2) of this Code as follows in Table 12.22 A.37.(g)(2)(i)a.; or
Table 12.22 A.37.(g)(2)(i)a.
Additional FAR and Height for Multi-Bedroom Units
Overall Residential Units (including Density Bonus Units)
Additional FAR
Additional Height (Stories)
0 - 30
0.5:1
1
31 - 50
1.0:1
1
51 - 75
1.5:1
2
75+
2.0:1
2
(ii) Any Housing Development that includes a residential unit with three bedrooms or more shall be granted the following Floor Area and Height Incentive options, as described in (a) and (b) below:
a. An exemption of the square footage of all residential units with three or more bedrooms from the Floor Area calculations so that the specified residential units do not count against the maximum Floor Area allowed on the development site; and/or
b. An additional story of height beyond what is available in the applicable height Incentive as listed in the Menu of Incentives at Section 12.22 A.37.(f)(2) of this Code, provided, the square footage of this additional story is limited to the square footage exempted as a result of applying Section 12.22 A.37.(g)(2)(ii)a. of this Code above.
(3) Surveyed Historic Resource Facade Rehabilitation. A project incorporating a Surveyed Historic Resource into the project design shall be granted additional Floor Area up to 1.0 FAR and 22 feet in height beyond what is available and requested as an Incentive from on the Menu of Incentives in Section 12.22 A.37.(f)(2) of this Code, provided all of the following standards are met:
(i) The project retains all street Frontage facades to a depth of 10 feet;
(ii) New Floor Area shall be setback behind the 10-foot retention area, except that outdoor open space, balconies, and non-habitable architectural projections may encroach on the 10-foot retention area. In instances where a lot contains dual-frontages, the setback shall be applied from both Frontages; and
(iii) Rehabilitation of the facades is completed pursuant to the Secretary of the Interior’s Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning. This option does not apply if the Office of Historic Resources has determined that the Surveyed Historic Resource is not eligible for listing individually or as a contributor as described in the definition in Section 12.03 of this Code.
(h) Program Standards. The following Program Standards shall be applicable to any Housing Development that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) Eligibility For Other Density Bonus Programs. A Housing Development seeking a Density Bonus or other development incentives pursuant to this subdivision is not eligible for a Density Bonus or other development incentives pursuant to the procedures of any other housing incentive program contained in this Code, a Community Plan, an overlay, Specific Plan, or any other City regulation or guideline. However, a project may utilize the streamlining procedures and Incentives for Adaptive Reuse Projects (Sec. 12.22 A.26. of this Code) and in the Housing Element Sites Streamlining Program (Sec. 16.70 of this Code), provided that the project meets the requirements for all utilized programs.
(2) Calculating Maximum Allowable Residential Density. Per California Government Code Section 65915(o)(6), a Housing Development shall calculate its Maximum Allowable Residential Density, before the application of a Density Bonus, using the maximum number of units allowed under a Housing Development site’s applicable zoning ordinance, Specific Plan, overlay, or General Plan land use designation, whichever is greater. If a range is permitted, the maximum number of units allowed by the specific zoning range, Specific Plan, or General Plan land use designation shall be applicable when determining a Housing Development’s density prior to the application of a Density Bonus. Residential units added using an incentive program contained in a Specific Plan, overlay, or other City program granting development bonuses, shall not count toward a Housing Development’s Maximum Allowable Residential Density.
(3) Calculating Restricted Affordable Units or Target Population Units. The required number of Restricted Affordable Units or Target Population units shall be calculated based on the number of residential units (excluding units added by a Density Bonus) provided in a Housing Development.
(4) Calculating a Density Bonus. In addition to the provisions set forth in Section 12.22 A.37.(h)(2) of this Code, for the purpose of calculating a Density Bonus, the following shall apply:
(i) Residential units that comprise a Housing Development shall be on contiguous lots, not separated by a street or alley, that are the subject of a single development application, but do not need to be based on individual subdivision maps or lots.
(ii) A Shared Housing Unit and its proportional share of associated common area facilities shall comply with the definition of a Guest Room pursuant to California Government Code Section 65915(o)(7)(B).
(iii) An applicant for a Housing Development may have the ability to apply a lesser percentage of Density Bonus, including but not limited to, no Density Bonus.
(5) Fractional Numbers.
(i) Units. For the purposes of this subdivision, calculations for the following resulting in fractional numbers shall be rounded up to the next whole number:
a. Maximum Allowable Residential Density;
b. Density Bonus units;
c. Number of Restricted Affordable Units or Target Population units;
d. Number of Replacement Housing Units;
e. Vehicular Parking; and
f. Number of Multi-Bedroom Units provided pursuant to Section 12.22 A.37.(g)(2) of this Code.
(6) Replacement Housing Units and Demolition Protections. A Housing Development must meet any applicable housing replacement requirements and demolition protections of California Government Code Section 65915(c)(3) and Section 16.60 of this Code, as verified by the Los Angeles Housing Department (LAHD) prior to the issuance of a building permit. Replacement Housing Units required pursuant to this subdivision may count towards any Restricted Affordable Unit requirements.
(7) Standards for Restricted Affordable Units. A Housing Development must meet the applicable requirements regarding the size, location, amenities and allocation of Restricted Affordable Units in Sections 16.61 B. and 16.61 C. of this Code, and in any Implementation Memorandum, Technical Bulletin or User Guide prepared and adopted by the Los Angeles Housing Department or Department of City Planning. Restricted Affordable Units are subject to a recorded affordability restriction of 55 years, or 99 years pursuant to Section 16.61 A. of this Code as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Section 19.14 of this Code.
(8) Rent Schedules. Restricted Affordable Units required as part of a Housing Development shall be rented at rates that do not exceed those specified in California Health and Safety Code 50052.5 for for-sale units or California Health and Safety Code Section 50053 for rental units.
(9) Implementation Memorandums, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memorandums, Technical Bulletins and/or User Guides for State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, for the purpose of providing additional information pertaining to this subdivision and maintaining consistency with State Density Bonus Law.
(10) Covenants. Prior to the issuance of a building permit for any Housing Development qualifying for a Density Bonus pursuant to the provisions of this subdivision, covenants acceptable to the Los Angeles Housing Department and consistent with the requirements in this subdivision and set forth in Section 16.61 of this Code shall be recorded with the Los Angeles County Recorder.
(11) Story. A story for purposes of granting an Incentive or Waiver for additional height through this subsection shall be defined as 11 feet.
(i) Relationship to Other Laws, Plans, Requirements and Codes. The following provisions shall govern the relationship of this Subdivision 37. to other laws, plans, requirements and codes for any Housing Development that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) A Housing Development that meets the eligibility criteria established in Paragraph (c) of this subdivision, and complies with the Procedures established in Paragraph (d) of this subdivision may utilize a multiple family residential dwelling use with a minimum of two-thirds residential floor area even though use limitations may apply to a project site.
(2) If any of the Procedures described in Paragraph (d), Base Incentives described in Paragraph (e), Additional Incentives described in Paragraph (f), Public Benefit Options described in Paragraph (g), or Waivers requested pursuant to Section 12.22 A.37.(d)(3)(i) of this Code, differ from any otherwise applicable Community Plan, Specific Plan, overlay, supplemental use district, “Q” condition, “D” limitation, or citywide regulation established through Chapter 1 of this Code, including but not limited to the Ordinance Nos. listed below, this subdivision shall prevail where the Housing Development applicant elects to seek approval under this subdivision.
(i)
Alameda District Specific Plan (171,139)
(ii)
Avenue 57 Transit Oriented District (174,663)
(iii)
Bunker Hill Specific Plan (182,576)
(iv)
Century City North Specific Plan (156,122)
(v)
Century City West Specific Plan (186,370)
(vi)
Century City South Specific Plan (168,862)
(vii)
Coastal Bluffs Specific Plan (170,046)
(viii)
Coliseum District Specific Plan (185,042)
(ix)
Colorado Boulevard Specific Plan (178,098)
(x)
Convention Center and Arena Specific Plan (188,077)
(xi)
Cornfield Arroyo Seco Specific Plan (182,617)
(xii)
Crenshaw Corridor Specific Plan (184,795)
(xiii)
Devonshire / Topanga Corridor Specific Plan (168,937)
(xiv)
District No Ho Specific Plan (188,144)
(xv)
Exposition Corridor Transit Neighborhood Plan (186,402)
(xvi)
Foothill Boulevard Corridor Specific Plan (170,694)
(xvii)
Girard Tract Specific Plan (170,774)
(xviii)
Glencoe / Maxella Specific Plan (171,946)
(xix)
Granada Hills Specific Plan (184,296)
(xx)
Hollywoodland Specific Plan (168,121)
(xxi)
Jordan Downs Urban Village Specific Plan (184,346)
(xxii)
Los Angeles Airport / El Segundo Dunes Specific Plan (167,940)
(xxiii)
Los Angeles International (LAX) Specific Plan (185,164)
(xxiv)
Los Angeles Sports and Entertainment District Specific Plan (181,334)
(xxv)
Loyola Marymount University Specific Plan (181,605)
(xxvi)
Mt. Washington / Glassell Park Specific Plan (168,707)
(xxvii)
Mulholland Scenic Parkway Specific Plan (167,943)
(xxviii)
North Westwood Village Specific Plan (163,202)
(xxix)
Oxford Triangle Specific Plan (170,155)
(xxx)
Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371)
(xxxi)
Paramount Pictures Specific Plan (184,539)
(xxxii)
Park Mile Specific Plan (162,530)
(xxxiii)
Playa Vista Area B Specific Plan (165,638)
(xxxiv)
Playa Vista Area C Specific Plan (165,639)
(xxxv)
Playa Vista Area D Specific Plan (176,235)
(xxxvi)
Ponte Vista at San Pedro Specific Plan (182,937 and 182,939)
(xxxvii)
Porter Ranch Land Use / Transportation Specific Plan (180,083)
(xxxviii)
Redevelopment Plans (186,325)
(xxxix)
San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736)
(xl)
San Vicente Scenic Corridor Specific Plan (173,381)
(xli)
University of Southern California University Park Campus Specific Plan (182,343)
(xlii)
Valley Village Specific Plan (168,613)
(xliii)
Venice Coastal Zone Specific Plan (175,693)
(xliv)
Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052)
(xlv)
Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749)
(xlvi)
Warner Center 2035 Plan (182,766)
(xlvii)
Westwood Community Multi-Family Specific Plan (163,203 and 163,186)
(xlviii)
Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644)
(xlix)
Wilshire - Westwood Scenic Corridor Specific Plan (155,044)
(3) Despite Section 11.05 of this Code (Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which are Referenced to in the Los Angeles Municipal Code), any references to State or Federal statutes or regulations in this subdivision shall be to those statutes or regulations as written and in effect on the date the ordinance adding those references is adopted. This general rule is intended to control over a specific rule to the contrary and shall not be subject to the rule of statutory construction that where there is a conflict, a specific statute controls over a general statute. References within this subdivision to requirements of other City or government agencies or Chapters of the Los Angeles Municipal Code, as well as other local, state, and federal codes are provided for informational purposes and are not intended to be comprehensive or to provide exemption from any additional applicable regulations from other City or government agencies or sections of the Los Angeles Municipal Code not explicitly referenced in this subdivision.
(j) Interpretation Consistent with State Density Bonus Law. This subdivision is intended to be interpreted as consistent with State Density Bonus Law contained in California Government Code Sections 65915 - 65918. If at any time, this subdivision becomes inconsistent with California Government Code Sections 65915 - 65918, as Determined by the Director of Planning, the provisions of State Density Bonus Law shall apply.
38. Mixed Income Incentive Program. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
(a) Purpose. The purpose of this subdivision is to establish specific Incentives and procedures for the implementation of State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, and to increase the production of affordable housing near transit, in Higher Opportunity Areas as defined in Section 12.03 of this Code, and on major corridors. In conjunction with the Incentives granted by state law, this subdivision shall offer Incentives through the paragraphs of this subdivision, and Waivers as defined in Section 12.22 A.37. of this Code, for the purposes of increasing the feasibility of housing construction.
(b) Definitions. The following definitions shall apply to this subdivision:
Consolidated Development. A residential development, or mixed-use development with two-thirds of the square footage designated for residential units, that consists of multiple lots with the same owner or developer.
Corridor. A major street with Street Designations as designated in the Mobility Element of the General Plan, including a Local, Collector, Avenue, and Boulevard.
Direct Pedestrian Access. A means of approaching or entering a lot from the public right-of-way as a pedestrian.
Finished Floor Elevation. The finished floor height associated with the ground story.
Frequent Bus Service. An existing or planned bus route, as identified in coordination by a local or regional transit agency, with a service frequency of 30 minutes or less during Peak Commute Hours in at least one direction.
Ground Floor Frontage. The lowest story within a building which is accessible to the street, the floor level of which is within three feet above or below curb level, is parallel to or primarily facing any public street, and which is at least 15 feet in depth of the total depth of the structure.
Higher Opportunity Areas. See definition in Section 12.03 of this Code.
Incentive. As defined in Section 12.03 of this Code.
Market Tier. Categories of residential market areas adopted by City Council resolution, as described in the Affordable Housing Linkage Fee Ordinance in Section 19.18 C.1. of this Code, for the purposes of informing the amount of the Linkage Fee to be assessed for a given project.
Moderate and Lower Opportunity Areas. See definition in Section 12.03 of this Code.
Opportunity Corridor. A Corridor in Higher Opportunity Areas as defined in Section 12.03 of this Code.
Opportunity Corridor Transition Area Incentive Project. A project on a site located in whole or in part within 750 feet of an Opportunity Corridor Incentive Area, that involves the construction of, addition to, or remodeling of any building or buildings which result in the creation of four or more residential units.
Peak Commute Hour. Peak periods are considered to be between 6:00 to 9:00 a.m. and 3:00 to 7:00 p.m.
Rapid Bus. A higher quality bus service that may include several key attributes, including full-time dedicated bus lanes, branded vehicles and defined stations, high frequency, limited stops at major intersections, intelligent transportation systems, and possible off-board fare collection and/or all door boarding. Rapid Bus includes, but is not limited to, Metro Bus Rapid Transit lines, Metro Rapid 700 lines, Metro NextGen Tier 1 lines that replaced Metro Rapid 700 lines, Metro G (Orange) and J (Silver Lines), Big Blue Rapid lines and the Rapid 6 Culver City bus. Rapid Bus lines do not need to meet the 15-minute average Peak Commute Hour headways if intersecting at a qualified Major Transit Stop.
Total Units. The complete number of residential units in a project after a Density Bonus is awarded pursuant to this subdivision.
Waiver. See definition in Section 12.22 A.37.(b) of this Code.
(c) Eligibility. To qualify for the provisions of this subdivision, a project approved under the Mixed Income Incentive Program must satisfy all of the following eligibility requirements:
(1) Meet the definition of one of the following Project Types; consist of Dwelling Units, referred to in this Subdivision 38. as “residential units” or “units;” contain no Shared Housing Units; and include the minimum Total Units required as described in Table 12.22 A.38.(c)(1)(i):
Table 12.22 A.38.(c)(1)(i)
Eligible Project Types and Total Units Required
Project Type
Minimum Total Units Required
Transit Oriented Incentive Area Project
Five or more
Opportunity Corridor Incentive Area Project
Five or more
Opportunity Corridor Transition Area Incentive Project
Four or more
Type I Unified Adaptive Reuse Project 1
Five or more
Footnote
1 See Section 12.22 A.26.(i)(1) of this Code for additional requirements associated with a Type I Unified Adaptive Reuse Project. (Amended by Ord. No. 188,793, Eff. 2/1/26.)
(2) Be located in and meet the requirements of a Transit Oriented Incentive Area, Opportunity Corridor Incentive Area, or an Opportunity Corridor Transition Incentive Area as described in Paragraphs (e), (f), and (g) below, except that a property abutting, across the street or alley, or having a common corner with a site eligible for Opportunity Corridor Incentives shall also be eligible for the Opportunity Corridor Incentives as described in Paragraph (f) below.
(3) Reserve a percentage of the project’s Total Units for:
(i) Restricted Affordable Units in at least one of the following income levels as defined on Table 12.22 A.38.(c)(3)(iii), or by providing the combination of income levels as defined on Table 12.22 A.38.(c)(3)(iv); or
(ii) Restricted Affordable Units in an Opportunity Corridor Transition Area Incentive Project in at least one of the following income levels, as defined on Table 12.22 A.38.(c)(3)(v); or
(iii) Twenty percent Restricted Affordable Units for Lower Income Households, consistent with California Government Code Section 65583.2, if a project is proposed on a Lower Income Rezoning Housing Element Site as defined in Section 16.70 of this Code.
Table 12.22 A.38.(c)(3)(iii) 1
Single Affordability Options for Meeting Restricted Affordable Units
Market Tier
Incentive Program
Minimum Percent of Total Units Provided as Restricted Affordable Units
Transit Oriented Incentive Area
Opportunity Corridor Incentive Area
Income Level
Extremely Low Income
(For Rental or For Sale)
Very Low Income
(For Rental or For Sale)
Lower Income
(For Rental or For Sale)
Low and Medium Market Tiers
T1
OC-1
9%
12%
21%
T2
OC-2
10%
14%
23%
T3
OC-3
11%
15%
25%
High Medium and High Market Tiers
T1
OC-1
11%
14%
23%
T2
OC-2
12%
16%
25%
T3
OC-3
13%
17%
27%
Footnote
1. A Type I Unified Adaptive Reuse Project shall provide Restricted Affordable Units in accordance with the project site’s Market Tier location and Base Incentives used. Type I Unified Adaptive Reuse Projects that utilize Base Incentives contingent on a site’s location in a Transit Oriented Incentive Area shall provide Restricted Affordable Units in conjunction with a site’s applicable Transit Oriented Incentive Area Tier. Type I Unified Adaptive Reuse Projects that utilize Base Incentives contingent on a site’s location in an Opportunity Corridor Incentive Area shall provide Restricted Affordable Units in conjunction with a site’s applicable Opportunity Corridor. Restricted Affordable Units shall be provided and distributed throughout the entire Type I Unified Adaptive Reuse Project in compliance with Section 16.61 B. of this Code.
Table 12.22 A.38.(c)(3)(iv)
Mixed Affordability Options for Meeting Restricted Affordable Units
Opportunity Area
Minimum Percent of Total Units Provided as Restricted Affordable Units 1
Income Level
Acutely Low Income
(For Rental or For Sale)
Extremely Low Income
(For Rental or For Sale)
Very Low Income
(For Rental or For Sale)
Moderate Income
(For Rental or For Sale)
Moderate and Lower Opportunity Areas
-
4% 2
8%
-
Higher Opportunity Areas
4% 2
4%
-
12%
Footnote:
1 Provided at least one affordability income category is consistent with the minimum affordability requirements pursuant to California Government Code Sections 65915.
2 Projects utilizing the combinations of mixed affordability described in Table 12.22 A.38.(c)(3)(iv) to meet the required Restricted Affordable Units must provide one 3-bedroom covenanted unit per project.
Table 12.22 A.38.(c)(3)(v)
Opportunity Corridor Transition Incentive Area Restricted Affordable Unit Requirements
Incentive Program
Minimum Number of Total Units Provided as Restricted Affordable Units 1, 2
Opportunity Corridor Transition Incentive Area
Income Level
Very Low Income
(For Rental or For Sale)
Lower Income
(For Rental or For Sale)
Moderate Income
(For Rental or For Sale)
CT-1A
-
-
1 unit
CT-1B, and CT-2
1 unit
1 unit
2 unit
CT-3
2 units
2 units
3 units
Footnote:
1. For consolidated lots, the project shall provide the same affordability as required per individual lot. For example, if a project consolidated two lots into one project using CT-2 incentives, the project would be required to provide either 2 Very Low Income or Lower Income units, or 4 Moderate Income units.
2. Provided at least one affordability income category is consistent with the minimum affordability requirements pursuant to California Government Code Sections 65915.
(4) The project site does not include any lots located in: a single family or more restrictive zone (RW and more restrictive zone); a manufacturing zone that does not allow multiple family residential uses (M1, M2, and M3); or the CM, MR1, and MR2 zones where no residential uses are permitted from an applicable planning overlay, “Q” condition or “D” limitation.
(5) The project site does not include any lots located within a Very High Fire Hazard Severity Zone (VHFHSZ), the Coastal Zone, or a Sea Level Rise Area. Except that a project site that is located within a VHFHSZ or Coastal Zone shall be eligible for Opportunity Corridor Incentives as defined in Paragraph (f), if properties that are abutting, are across the street or alley, or have a common corner with the subject property, are not in a VHFHSZ or Coastal Zone, and are eligible for the Opportunity Corridor Incentives as described in Paragraph (f) below.
(6) The project would not require the demolition of any of the following, as demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code.
(i) A Designated Historic Resource; or
(ii) Any Surveyed Historic Resource, eligible or architectural historic resource identified for any historic protection or special consideration or review by an applicable overlay or Specific Plan including sites located in: the South Los Angeles Community Plan Implementation Overlay (CPIO) Section 1-6.C.5.b; the Southeast Los Angeles CPIO Section 1-6.C.5.b; the West Adams CPIO Ch.1, Section 6.C.5.b; the San Pedro CPIO Ch.1, Section 7.C.5.b; Westwood Village Specific Plan; Echo Park Community Design Overlay (CDO) District; or the North University Park Specific Plan.
(7) A project involving a Designated Historic Resource shall be consistent with the Secretary of the Interior’s Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning.
(8) A project shall not be located in the Boyle Heights Community Plan, the Harbor Gateway Community Plan, the Wilmington-Harbor City Community Plan, the Downtown Community Plan (previously Central City North Community Plan and the Central City Community Plan Areas), and the Cornfield Arroyo Seco Specific Plan.
(d) Procedures. A project that meets the provisions of this subdivision shall be reviewed pursuant to the Procedures, as set forth below. An approval of a Density Bonus or Incentive pursuant to this subdivision shall not, in and of itself, trigger a General Plan Amendment, Zone Change, Project Review, the applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply to projects seeking other discretionary approvals in conjunction with an application pursuant to the Procedures in Paragraph (d).
(1) Los Angeles Department of Building and Safety Review. A project seeking Base Incentives described in Paragraphs (e)(2), (f)(2) or (g)(3), and/or Additional Incentives listed on the Menu of Incentives in Paragraph (h) shall be considered ministerial and processed by the Department of Building and Safety.
(2) Expanded Administrative Review. The following projects shall be ministerially approved pursuant to Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code. As defined in this subdivision, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). The following explains how Expanded Administrative Review procedures are applicable:
(i) A Project That Requests the Public Benefit Options. A project that requests Public Benefit Options described in Paragraph (i) and Additional Incentives listed on the Menu of Incentives in Paragraph (h), shall not be subject to any hearing procedures regardless of the provisions contained in Section 13B.3.2.D in Chapter 1A of this Code.
(ii) A Project Requesting Incentives Not Listed on the Menu of Incentives. A project that requests Incentives not listed on the Menu of Incentives described in Section 12.22 A.38.(h)(2) of this Code may be subject to a public hearing as described in Section 13B.3.2.D in Chapter 1A of this Code. A project also shall satisfy the below criteria in order to remain eligible for approval through this subdivision:
a. A project requesting Incentives not listed in on the Menu of Incentives in Paragraph (h) shall be required to meet a minimum of 35 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
b. A project shall refrain from requesting an Incentive not on, or in excess of, the Menu of Incentives in the following Development Standard areas: Floor Area Ratio (FAR), Height, Open Space requirements, tree planting requirements, ground story requirements, and/or yards / setback requirements. A project that seeks any of these types of Incentives not on the menu are not eligible for approval through this Subdivision 38., and instead shall seek approval pursuant to the Procedures, Incentive menu and other requirements described in Section 12.22 A.37. of this Code.
c. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is only eligible for Incentives contained in Paragraph(g) and is not eligible to combine requests for Incentives on or off any other Incentive menu.
(3) Director’s Determination. The Director of Planning shall review the following projects pursuant to Section 13B.2.5 of Chapter 1A of this Code.
(i) Projects Requesting up to One Waiver. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.38.(d)(5) of this Code.
Exception. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is not eligible to request a Waiver.
(4) City Planning Commission Review. The following projects must file an application pursuant to Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code. Notwithstanding the provisions set forth in Section 13B.2.3. of Chapter 1A, the decision of the City Planning Commission shall be final and not further appealable.
(i) Projects Requesting More Than One Waiver. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.38.(d)(5) of this Code.
Exception. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is not eligible to request a Waiver.
(5) Findings for Waivers. A Waiver requested pursuant to the procedures described in this paragraph shall be approved by the applicable decision-making authority unless that decision-making authority makes one of the following findings:
(i) The Development Standard associated with a request for Waiver or will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph (c) at the densities or with the Base Incentives or Additional Incentives permitted under this subdivision.
(ii) The Waiver would have a Specific Adverse Impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the Specific, Adverse Impact. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
(iii) The Waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(iv) The Waiver would be contrary to state or federal law.
(6) Other Discretionary Approvals. Applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code apply to a project seeking another discretionary approval in conjunction with an application pursuant to the Procedures in Paragraph (d). Regardless of any other findings that may be applicable, the decision maker must approve the requested Base Incentives and Additional Incentives, either on or not on the Menu of Incentives described in Paragraph (h), requested under this subdivision unless the decision maker, based upon substantial evidence, makes one or more of the disapproval findings described in Section 12.22 A.38.(h)(1) of this Code.
(7) One Hundred Percent Affordable Housing Projects. One Hundred Percent Affordable Housing Projects shall be reviewed pursuant to Section 12.22 A.39. of this Code.
(8) Density Bonuses, Incentives or Waivers Exceeding this Subdivision. A project that seeks additional Density Bonuses, Incentives or Waivers beyond what is expressly allowed by this subdivision, shall be reviewed pursuant to Section 12.22 A.37. of this Code, along with the requirements and findings in Section 12.24 U.26. of this Code for additional density if applicable.
(9) Applicability of Procedures, Program Standards and Incentives. A project shall only be eligible for review through this Subdivision 38., including any Incentive menus or options, if on or after the operative date of this subdivision both a new entitlement application is filed and associated fees are paid.
(e) Transit Oriented Incentive Area.
(1) Eligibility. A project may seek Base Incentives by satisfying the eligibility criteria for this project type as described in Paragraph (c), and according to the eligibility criteria for Transit Oriented Incentive Areas described below.
(i) Each one-half mile radius (2,640 feet) around a Major Transit Stop, shall constitute a unique Transit Oriented Incentive Area.
(ii) Each lot within a Transit Oriented Incentive Area shall be determined to be in a specific subarea based on the shortest distance between any point on the lot and a qualified Major Transit Stop as delineated in Table 12.22 A.38.(e)(1)(iv) below.
(iii) Each lot in a Transit Oriented Incentive Area shall be determined to be in a specific Transit Oriented Incentive Area (T-1, T-2, T-3) based on the shortest distance between any point on the lot and a qualified Major Transit Stop.
Table 12.22 A.38.(e)(1)(iv)
Transit Oriented Incentive Area Subareas 1
Type of
Major Transit Stop
Eligibility Subarea Based on Distance to
Major Transit Stop
Description
T-1
T-2
T-3
Two Regular Buses (intersection of two non- Rapid Bus Lines each with at least 20-minute average peak headways)
< 2,640 feet
-
-
Regular plus Rapid Bus (intersection of a regular bus and a Rapid Bus line)
750 - 2,640 feet
< 750 feet
-
Two Rapid Buses (intersection of two Rapid Bus lines)
1,500 - 2,640 feet
< 1,500 feet
-
Metrolink Rail Stations
750 - 2,640 feet
< 750 feet
-
Metro Rail Stations and Bus Rapid Transit Stations
-
≤ 2,640 feet
< 750 feet from intersection with another rail line or a Rapid Bus
Footnote:
1. Major Transit Stop (MTS), MTS type, and Subarea verification (T-1, 2, 3) are analyzed separately. MTS types and Subareas reliant on the presence of a Rapid Bus, do not need to use the Rapid Bus as the basis for first identifying the MTS. For example, the Regular Plus Rapid Bus MTS type could be based on two regular buses that constitute the MTS, plus a Rapid Bus that stops at the MTS.
(2) Base Incentives. A project shall be granted Base Incentives established in Table 12.22 A.38.(e)(2)(i), in exchange for the required minimum percentage of Restricted Affordable Units established in Paragraph (c) of this subdivision. A project that qualifies for Base Incentives established in the table below shall also be eligible for Public Benefit Options listed in Paragraph (i) of this subdivision. For Type I Unified Adaptive Reuse Projects that meet the eligibility criteria established in Section 12.22 A.38.(c) of this Code, notwithstanding the Density Bonuses described in Table 12.22 A.38.(e)(2)(i), the density shall be limited by floor area and Base Incentives for Parking, FAR, and Height shall only apply to the project’s new construction.
Table 12.22 A.38.(e)(2)(i)
Transit Oriented Incentive Area Base Incentives
Eligibility Subarea
Density Bonus
Parking
Floor Area Ratio (FAR)
Height
Eligibility Subarea
Density Bonus
Parking
Floor Area Ratio (FAR)
Height
In each subarea, the maximum increase in the otherwise Maximum Allowable Residential Density shall be as follows:
In each subarea, the required parking
ratio shall be as follows: 1, 2, 6
In each subarea, the maximum allowable FAR shall be as follows: 3, 4
In each subarea, the maximum allowable height permitted shall be equal to the following: 5
T-1
Moderate and Lower Opportunity Areas: 100%
No parking minimum required. If parking is provided, up to 40% of spaces may be provided as compact vehicular spaces. Tandem parking may also be permitted so long as a 24-hour attendant is present on-site.
R - zones: 40% increase.
One additional story, up to 11 additional feet.
C - zones: 3.25:1 max. total, or 40% increase, whichever is greater.
Higher Opportunity Areas: 120%
R - zones: 40% increase.
C - zones: 4.2:1 max. total, or 45% increase, whichever is greater.
T-2
Moderate and Lower Opportunity Areas: 110%
R - zones: 40% increase.
Two additional stories, up to 22 additional feet.
C - zones: 4.2:1 max. total, or 50% increase, whichever is greater.
Higher Opportunity Areas: Limited by Floor Area
R - zones: 45% increase.
C - zones: 4.5:1 max. total, or 50% increase, whichever is greater.
T-3
Moderate and Lower Opportunity Areas: 120%
R - zones: 45% increase.
Three additional stories up to 33 additional feet.
C - zones: 4.5:1 max. total, or 50% increase, whichever is greater.
Higher Opportunity Areas: Limited by Floor Area
R - zones: 50% increase.
C - zones: 4.65:1 max. total, or 55% increase, whichever is greater.
Footnotes:
1. Required automobile parking applies for all residential units in a project (not just the Restricted Affordable Units), inclusive of disabled and required guest parking, where applicable. All parking spaces provided shall comply with Section 12.21 A.5. of this Code. Except that any combination of standard, compact or tandem spaces may be provided. Tandem parking spaces that do not comply with Section 12.21 A.5.(h)(2) of this Code may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times.
2. Pursuant to California Civil Code Section 1947.1, provided parking shall be sold or rented separately from the units in properties with 16 or more units, as verified by the Los Angeles Housing Department.
3. The maximum increase in the allowable Floor Area Ratio (FAR) permitted shall be equal to the table above, provided that any additional floor area provided through this paragraph is utilized only by the new residential units and required amenity areas for the residential units. Any non-residential uses shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
4. For the purpose of applying this Incentive, commercial zones include Hybrid Industrial zones, Commercial Manufacturing zones and any defined area in a Specific Plan or overlay district that allows for both commercial uses and residential uses.
5. The increase in height shall be applicable to a project over the entire project site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use Projects.
6. Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
(ii) Exceptions to Base Incentives.
a. A site with a Maximum Allowable Residential Density of less than 5 units shall be eligible for the following Density Bonuses:
i. T-1: 60%
ii. T-2: 70%
iii. T-3: 80%
b. A site with a Maximum Allowable Residential Density of less than 5 units that has a Designated Historic Resource or Non-Contributor, shall not be eligible for Incentives to increase allowable FAR or height above one additional story, up to 11 additional feet.
c. In a Specific Plan or overlay district that has a FAR available through its own development bonus or incentive program to provide affordable housing, a project may utilize the bonus FAR of the Specific Plan or overlay district in lieu of the FAR maximum described above in Table 12.22 A.38.(e)(2)(i).
(iii) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements, which for the purposes of this Base Incentive shall mean the relocation of an established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive for roadway widening relief shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including but not limited to sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
a. Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or a project subject to procedures in Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(f) Opportunity Corridor Incentive Area.
(1) Eligibility. A project may seek Base Incentives by satisfying the eligibility criteria for this project type in Paragraph (c), and the below requirements that include the Opportunity Corridor Incentive Area subareas, described in Table 12.22 A.38.(f)(1)(i), below.
Table 12.22 A.38.(f)(1)(i)
Opportunity Corridor Incentive Area Subareas
Eligibility Subarea
Corridor
Requirements
Geographic
Criteria
OC-1
Corridors with Frequent Bus Service
Lots in whole or in part in Higher Opportunity Areas
OC-2
Corridors with High Quality Transit Service
OC-3
Corridors within one-half mile from Metro Rail Station or Portal and Bus Rapid Transit Stop
(ii) Corridor Access. A project must provide Direct Pedestrian Access to the eligible Opportunity Corridor.
(iii) Frontage. Each eligible lot must provide a minimum 25-foot frontage along the eligible Corridor, or be part of a Consolidated Development with a 25-foot frontage along the eligible Corridor.
(iv) Street Designations. A Corridor in and OC-1 and OC-2 eligibility subareas includes Local and Collector street designations as identified in the Mobility Element of the General Plan. A Corridor in the OC-3 eligibility subarea shall be limited to Avenue and Boulevard street designations as identified in the Mobility Element of the General Plan.
(2) Base Incentives. A project shall be granted Base Incentives established in this paragraph as defined in Table 12.22 A.38.(f)(2)(i) below, in exchange for the required minimum percentage of Restricted Affordable Units established in Section 12.22 A.38.(c)(3) of this Code. A project that qualifies for Base Incentives established in Table 12.22 A.38.(f)(2)(i) below shall also be eligible for Public Benefit Options listed in Paragraph (i) of this subdivision. For a Type I Unified Adaptive Reuse Project that meet the eligibility criteria established in Section 12.22 A.38.(c) of this Code, the Base Incentives shall only apply to the project’s new residential units and required amenity areas for the residential units.
Table 12.22 A.38.(f)(2)(i)
Opportunity Corridor Incentive Area Base Incentives
Eligibility Subarea
Density Bonus
Parking
Floor Area Ratio
Height
Description
In each subarea, the maximum increase in the otherwise Maximum Allowable Residential Density shall be as follows:
In each subarea, the required parking
ratio shall be as follows: 1, 2, 5
In each subarea, the maximum allowable FAR permitted shall be as follows: 3
In each subarea, the maximum allowable height permitted shall be equal to the following: 4
OC-1
Limited by Floor Area
No Parking required.
R - zones: 45% increase.
One additional story, up to 11 additional feet; or a maximum allowable height of 5 total stories, whichever is greater.
C - zones: 4.5:1, or 50% increase, whichever is greater.
OC-2
R - zones: 50% increase.
Two additional stories, up to 22 additional feet; or a maximum allowable height of 6 total stories, whichever is greater.
C - zones: 4.65:1, or 55% increase, whichever is greater.
OC-3
4.8:1, or 60% increase, whichever is greater.
Three additional stories, up to 33 additional feet; or a maximum allowable height of 7 total stories, whichever is greater.
Footnotes:
1. Required automobile parking applies for all residential units in an eligible project (not just the Restricted Affordable Units), inclusive of disabled and required guest parking, where applicable. All parking spaces provided shall comply with LAMC Section 12.21 A.5. Except that any combination of standard, compact or tandem spaces may be provided. Tandem parking spaces that do not comply with LAMC Section 12.21 A.5.(h)(2) may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times.
2. Pursuant to California Civil Code Section 1947.1, provided parking shall be sold or rented separately from the units in properties with 16 or more units, as verified by the Los Angeles Housing Department.
3. The maximum increase in the allowable FAR permitted shall be equal to the table above, provided that any additional floor area provided through this subdivision is utilized only by the new residential units and required amenity areas for the residential units. Any non-residential uses shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
4. The increase in height shall be applicable to a project over the entire project site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use projects.
5. Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
(ii) Exceptions.
a. A site with a Designated Historic Resource or Non-Contributor shall not be eligible for an Incentive to increase allowable FAR or height above one additional story, up to 11 additional feet.
b. In a Specific Plan or overlay district that has a FAR available through a development bonus or incentive program to provide affordable housing, a project may choose to utilize the Bonus FAR and affordability requirement of the Specific Plan or overlay district in lieu of the FAR maximum described above in Table 12.22 A.38.(e)(2)(i).
(iii) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements pursuant to Section 12.37 of this Code which for the purposes of this Base Incentive shall mean the relocation of an established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive for roadway widening shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including but not limited to sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
a. Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or Projects subject to procedures in Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(g) Opportunity Corridor Transition Incentive Area.
(1) Eligibility. A project may seek Base Incentives by satisfying the eligibility criteria for this project type in Paragraph (c), and the below criteria for Opportunity Corridor Transition Incentive Area subareas, described in Table 12.22 A.38.(g)(1)(i), below.
Table 12.22 A.38.(g)(1)(i)
Opportunity Corridor Transition Incentive Area Subareas
Eligibility Subarea
Site Requirements
Eligible Underlying Project Site Zones
Geographic Criteria
CT-1
Lots in whole or in part within 750 feet of the rear property line of a lot located within an Opportunity Corridor Incentive Area.
RD zones and R2 zones
Higher Opportunity Areas
CT-2
Lots in whole or in part within 500 feet of the rear property line of a lot located within an Opportunity Corridor Incentive Area.
CT-3
Lots in whole or in part within 250 feet of the rear property line of a lot located within an Opportunity Corridor Incentive Area.
(ii) Property Line Measurement. Opportunity Corridor Transition Incentive Area subareas are defined by measuring the distance from the rear property line of the lots located within an Opportunity Corridor Incentive Area. Where a lot is a Reverse Corner Lot in an Opportunity Corridor Incentive Area, distance shall be measured from the lot’s property line parallel to the Opportunity Corridor. In the case that lots within the Opportunity Corridor Incentive Area are abutting or are consolidated, the buffer measurement will not be adjusted to accommodate the new rear property line of the consolidated site.
(iii) Exceptions.
a. A site with a Designated Historic Resource, or Non-Contributor shall not be eligible for CT-3 Incentives, but is eligible for CT-2 Incentives if the lot meets all other criteria.
(2) A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is not eligible to request a Waiver. An Opportunity Corridor Transition Incentive Area Project is also not eligible to combine requests for Incentives on or off any other Incentive menu. However, a project may request to use the Incentives from a lower eligibility subarea.
(3) Base Incentives. A project shall be granted Base Incentives established in this paragraph as defined in Table 12.22 A.38.(g)(3)(i) below, in exchange for the required minimum number of Restricted Affordable Units established in Paragraph (c)(3) of this subdivision for the Opportunity Corridor Transition Incentive Area. The Base Incentives in Table 12.22 A.38.(g)(3)(i) are expressed as project site maximums, and are not in addition to a site’s underlying Development Standards. The maximum density corresponds to a maximum Floor Area Ratio (FAR) and height in the table cell to the immediate right, and may not be mixed with greater FAR and height maximums. However, nothing in Table 12.22 A.38.(g)(3)(i) is intended to prevent a project from voluntarily providing parking or using a lower maximum density, height or FAR.
Table 12.22 A.38.(g)(3)(i)
Opportunity Corridor Transition Area Base Incentives
Eligibility Subarea
Density Bonus
Floor Area Ratio
(maximum permitted)
Parking
Height
(maximum permitted)
Eligibility Subarea
Density Bonus
Floor Area Ratio
(maximum permitted)
Parking
Height
(maximum permitted)
Description
In each subarea, the maximum Density including bonus shall be as follows:
For each subarea, the maximum FAR shall be equal to the following:
Required automobile parking for all residential units in a project (not just the restricted affordable units), inclusive of disabled and required guest parking, where applicable, shall be as follows: 1, 3
In each subarea, the maximum allowable height permitted shall be as follows:
CT-1A 2
4 units
1.15:1
No parking required.
2 stories
CT-1B 2
5 units
1.30:1
6 units
1.45:1
CT-2
7 units
1.60:1
3 stories
8 units
1.75:1
9 units
1.90:1
10 units
2.0:1
CT-3
11 units
2.15:1
12 units
2.30:1
13 units
2.45:1
14 units
2.60:1
15 units
2.75:1
16 units
2.90:1
Footnotes:
1. Pursuant to California Civil Code Section 1947.1, provided parking shall be sold or rented separately from the units in properties with 16 or more units, as verified by the Los Angeles Housing Department.
2. Sites are eligible for CT-1 site requirements from Table 12.22 A.38.(g)(1)(i).
3. Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
(ii) Lot Requirements. A project is eligible for a reduction of an otherwise required Lot standard as part of a subdivision as follows:
a. Minimum Lot Area: 600 square feet
b. Minimum Lot Width: 15 feet
c. Minimum Lot Access: A 3-foot pedestrian access easement may be provided in lieu of vehicular access requirements.
(iii) Yards. A project is eligible for a reduction of an otherwise required Yard standard to the following minimums:
a. Front yard setback of 10 feet.
b. Side yard setback of 4 feet for a three-story structure, or 3 feet for a two-story structure.
c. No interior side yard setback shall be required for buildings that are part of the same development.
d. Rear yard setback of 4 feet, provided structures maintain a height of less than 26 feet within 15 feet of the rear property line.
e. Alley setback of zero feet for structures that maintain a height of less than 26 feet for at least the first 15 feet from the alley.
(iv) Multi-Bedroom Units. A project that includes a minimum of 40% of Total Units as 3- bedrooms or larger, shall be granted either additional Floor Area up to 0.5 FAR or an additional 11 feet in height. This is provided the project provides the City with a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee that the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future.
(v) Building Spacing and Passageways. A project does not need to meet zoning requirements related to spaces between buildings or passageways pursuant to Section 12.21 C.2. of this Code.
(vi) Consolidated Development. In the case that an Opportunity Corridor Transition Area Incentive Project consolidates multiple lots, the Density Bonuses established in Table 12.22 A.38.(g)(3)(i) shall be available to each lot. However, FAR and height bonuses shall not exceed the maximum permitted in Table 12.22 A.38.(g)(3)(i).
a. For example, if two CT-1B lots are consolidated into one project, the project is eligible for up to 12 units, with 1.45:1 FAR maximum and a height maximum of 2 stories; or if two CT-2 lots are consolidated in one project, the project is eligible for up to 20 units, with a 2.0:1 FAR maximum and a height maximum of 3 stories.
b. If a project consolidates two lots of differing incentive areas, for example CT-2 and CT-3, the incentives of the more intense incentive area shall be permitted on both lots.
(vii) Calculating Floor Area Ratio. In lieu of the calculation of Buildable Area as defined in Section 12.03 of this Code, Floor Area Ratio or FAR shall be defined as the measurement of the total floor area of all buildings on a lot in relation to the size of the lot, inclusive of yards and setbacks.
(viii) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements, which for the purposes of this Base Incentive shall mean the relocation of an established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive for roadway widening shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including but not limited to sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
a. Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or a project subject to procedures in Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(4) Performance Standards. A project approved pursuant to this subdivision shall meet the following Performance Standards, and no deviations from these standards shall be granted, except that any project resulting from the conversion of, or an addition up to a maximum of 1,200 square feet to, an existing structure need not comply with these standards.
(i) Common Outdoor Open Space Standards. A project shall provide at-grade Common Outdoor Open Space per Table 12.22 A.38.(g)(4)(ii) that is accessible to all the residential tenants of a project. The Common Outdoor Open Space shall be open to the sky and have no structures that project into the area, except for Outdoor Amenity areas as described in Section 12.03 of this Code, and except for Projections into Yards as provided in Section 12.22 C.20.(b) of this Code. This common open space requirement shall supersede the per residential unit calculation of common open space in Section 12.21 G.2. of this Code. In lieu of the provisions of Section 12.21 G.2. of this Code, a project must meet at least one Common Outdoor Open Space typology from the menu listed in Table 12.22 A.38.(g)(4)(ii), below.
a. Minimum Planting Area. The Common Outdoor Open Space provided shall comply with the provisions of Section 12.21 G.2.(a)(3) of this Code regarding minimum planting area.
Table 12.22 A.38.(g)(4)(ii)
Common Outdoor Open Space Types Menu
Common Outdoor Open Space Typologies:
Dimension Requirements (minimum)
Standards
Courtyard
Courtyard width (minimum): 30% of lot width or 15 feet, whichever is greater
Courtyard depth (minimum): 40% of lot depth (minimum)
Placement of courtyard shall comply with at least one of the following standards:
1. The courtyard shall be oriented so that it and an existing open space courtyard on an adjoining lot (unseparated by a street or alley) work together to create the effect of one large open space.
2. The courtyard shall be contiguous with the minimum front yard setback creating a single deep combined courtyard that unites the minimum courtyard and front yard spaces.
3. The courtyard shall be an internal courtyard, entirely contained onsite.
Paseo
Paseo width (minimum): 10% of lot width or 10 feet wide, whichever is greater
Paseo depth (minimum): 60% of the lot depth
A Paseo shall be located between residential structures, perpendicular to the front lot line. A Paseo shall have a minimum 4 foot wide unobstructed pedestrian pathway accessible from the Ground Floor Frontage. A Paseo may be covered by architectural projections, but no structures or habitable space shall encroach on the Paseo, and it shall be for pedestrian use only.
Rear Yard
Rear Yard width (minimum): 50% of lot width
Rear Yard depth (minimum): 10% of lot depth, or 15 feet, whichever is greater
Located adjacent to the rear property lot line and open to the sky.
(iii) Entrances.
a. Street-Facing Entrance. Each unit fronting a public street (provided there is no structure located between the lot line and unit) shall have an entrance facing the public street and one of the following entry features:
1. Porch. A wide, raised platform, projecting in front of a street-facing entrance, that is entirely covered but not enclosed. A porch shall have a minimum depth of 4-1/2 feet, a minimum of 30% of the building width, and a finished floor elevation between 2 to 5 feet.
2. Forecourt. A yard screened with a short wall, fence or hedge that provides significant privacy for tenants located on the ground story, near sidewalk grade. A forecourt shall have a minimum depth of 8 feet, a minimum width of 10 feet, required covered entrance, and a fence or wall height between 2 feet and 6 inches, to 3 feet and 6 inches.
3. Recessed Entry. A space set behind the building face plane providing sheltered access to a street-facing entrance. A recessed entry shall have a depth between 3 to 15 feet minimum, and a maximum width of 5 feet, and a required covered entrance.
Figure 12.22 A.38.(g)(4)(iii)a.4.
Porch
Forecourt
Recessed Entry
(iv) Ground Floor External Entrances. A ground floor external entrance to units not located on a street-fronting lot line, shall have an entrance oriented towards the open space when adjacent to the open space.
(v) Parking Areas, Garages, and Carports.
a. Location.
1. No above-ground parking areas including parking structures and parking stalls, shall be allowed between a Ground Floor Frontage and public right-of-way.
2. A new detached garages or carport shall be located behind the main building(s) facade, furthest from the Ground Floor Frontage Line.
3. An attached parking area shall be located either underground (subterranean or semi-subterranean) or behind any main building.
4. An access driveway shall be provided from an alley when present and determined feasible by the City’s Department of Transportation.
(h) Additional Incentives. In addition to the Base Incentives established in Paragraphs (e) and (f), a project that satisfies eligibility criteria set forth in Section 12.22 A.38.(c) of this Code shall have the ability to select up to four Incentives from the Menu of Incentives provided in Section 12.22 A.38.(h)(2) of this Code below or use an Incentive to seek a deviation from a Development Standard elsewhere in the Los Angeles Municipal Code. Such a project may receive up to four Incentives provided a project includes the applicable percentage of Restricted Affordable Units (excluding units added by a Density Bonus) that is necessary to obtain the maximum number of Incentives available to an income category under California Government Code Section 65915, as listed in Table 12.22 A.37.(f)(1)(i). Refer to Section 12.22 A.38.(d) of this Code for the approval Procedure that is consistent with the project’s Incentive request. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives are not eligible for Additional Incentives on or off the Menu of Incentives in Section 12.22 A.38.(h)(2) of this Code. For Type I Unified Adaptive Reuse Projects, Additional Incentives shall only apply to the project’s new residential units and required amenity areas for the residential units.
(1) A project shall be eligible for up to four Additional Incentives. A project may request Incentives listed in Paragraph (f)(2) or use an Incentive to seek a deviation from a Development Standard elsewhere in this Code or a project site’s applicable zoning ordinance, Community Plan, Specific Plan, or overlay. Refer to Paragraph (d) for the approval Procedure that is consistent with the project’s Incentive request.
(i) Incentives requested pursuant to the applicable procedure in Paragraph (d) of this subdivision shall be granted unless any one of the following written findings are made, based upon substantial evidence:
a. The Incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
b. The Incentive will have a Specific Adverse Impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to low-income and moderate-income households. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Incentive would be contrary to state or federal law.
(2) Menu of Incentives. A project may elect to request one of the following Incentives not to exceed the allowed number of Incentives pursuant to Paragraph (h)(1) above. Each request from the Menu of Incentives shall constitute one Incentive request unless otherwise stated.
(i) Yards. A project may request a reduction of otherwise required yards as follows in Table 12.22 A.38.(h)(2)(i)a. In C zones, yard reductions from the Table may be requested as one Incentive. Separately in R zones, yard reductions from the Table may also be requested as one Incentive.
Table 12.22 A.38.(h)(2)(i)a.
Allowed Yard Incentives
Zone
Yard Incentive
C Zones
Side, Rear and Front Yards. A project may utilize any or all of the yard requirements for the RAS3 zone per Section 12.10.5 of this Code. A project on a commercially zoned site adjacent to a property zoned RD or more restrictive may provide a rear yard of not less than five feet.
R Zones
Front Yards. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line of adjacent buildings along the same street frontage. Or, if a site is a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there are no adjacent buildings, no reduction is permitted. If a project occupies all the lots on an entire street frontage, a reduction to the front yard is permitted so long as it is to the same dimension as a corresponding increase to the rear yard.
Side and Rear Yards. Up to 30% decrease in the required width or depth of any individual yard or setback.
(ii) Ground Floor Height. A project involving the construction of a new building or addition may receive up to a 20% reduction in any Ground Floor Height restrictions contained in an overlay, Specific Plan, Q condition or D condition.
(iii) Transitional Height. A project may select the following transitional height requirements in Table 12.22 A.38.(h)(2)(iii)a. below, as illustrated by Figure 12.22 A.38.(h)(2)(iii)b., in lieu of those found in: Section 12.21.1 A.10. of this Code; any applicable transitional height limits in a project site’s applicable zoning, Community Plan, Specific Plan, or overlay; any requirements for reduced building heights or stepbacks when a project site is adjoining a RW1 or more restrictive zone; the transitional height requirements found in Section 12.21.1 A.10. of this Code or any applicable Specific Plan or overlay for the portion of a project site abutting the OS zone.
Table 12.22 A.38.(h)(2)(iii)a.
Allowed Transitional Height Incentives
Step Back Distance*
Side or Rear Setback
10-feet
4 Story Step-Back
30-feet
6 Story Step-Back
50-feet
* Setback and Step-back is measured from the property line.
Figure 12.22 A.38.(h)(2)(iii)b.
(iv) Building Spacing and Passageways. A project subject to the provisions set forth in Section 12.21 C.2. of this Code may request a reduction in building spacing and passageway requirements as follows:
a. Up to a 30% reduction in the space between buildings required pursuant to Section 12.21 C.2.(a) of this Code; and
b. Up to a 50% reduction in the width of the passageway required pursuant to Section 12.21 C.2.(b) of this Code or the space provided to meet a site’s side yard requirement, whichever provides a greater reduction. Passageways provided may extend from any public street adjacent to the project site.
(v) Lot Coverage. A project may request up to a 20% increase in lot coverage limits, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(vi) Lot Width. A project may request up to a 25% decrease from a lot width requirement, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(vii) Open Space. In lieu of the open space calculations set forth in Section 12.21 G.2. of this Code, a project may calculate their usable open space requirement as 15% of the total lot area or 10% of the total floor area confined within the perimeter walls of the provided Residential Units, whichever is greater, provided that the overall design of the project meets a minimum of 30 points under the Landscape and Site Design Ordinance pursuant to Section 12.40 of this Code, and the Landscape and Site Design Point System. Common Open Space shall constitute at least 50% of the usable open space calculated under this incentive and shall be provided as outdoor space and comply with applicable provisions of Section 12.21 G.2.(a) of this Code. Usable open space provided as Private Open Space shall comply with Section 12.21 G.2.(b) of this Code.
(viii) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as a part of the lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.
(ix) Averaging of Floor Area Ratio, Density, Parking or Open Space, and Permitting Vehicular Access. A project that is located on one or more contiguous lots, not separated by a street or alley, may average and permit the floor area, density, open space and residential and commercial parking over the project site, and permit vehicular use and access between a less restrictive zone and a more restrictive zone, provided that:
a. No further lot line adjustment or any other action that may cause the project site to be subdivided, shall be permitted subsequent to this grant during the life of the proposed project pursuant to a covenant running with the land that is recorded with the Los Angeles County Recorder prior to the issuance of any building permit; and
b. The proposed uses in the project are located on areas of the development site where the proposed uses are permitted by the underlying zone(s) of each lot; and
c. The proposed project is located on one or more contiguous lots that are not separated by a street or alley.
(x) P Zone. In lieu of the limitations described in Sections 12.12.1 and 12.12.1.5 of this Code, in a P or PB zone, a project may include the uses and area standards permitted in the least restrictive adjoining zone. For purposes of this P Zone Incentive the phrase “adjoining zone” refers to the zones of properties abutting, across the street or alley from, or having a common corner with, the subject property.
(xi) Relief from a Development Standard. A project may request up to 20% relief from a Development Standard contained in Chapter 1 of this Code, an overlay, a Specific Plan, a Community Plan, a Q Condition, or a D Condition. A project requesting this Incentive must provide landscaping for the project that meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System. This Incentive may be requested more than once but shall require the use of an Incentive for each request.
a. Exception. This Incentive shall not apply to Development Standards that regulate FAR, height, yards / setbacks, ground story requirements, signs, parking in front of buildings, required trees, pedestrian access, or usable open space. This Incentive shall not apply to a Designated Historic Resource, or Non-Contributor.
(i) Public Benefit Options. Per Paragraphs (e)(2) or (f)(2), all Projects that qualify for the Base Incentives contained in this subdivision shall be eligible for one or more of the following Public Benefit Options. A project utilizing the Opportunity Corridor Transition Incentive Area program is not eligible for Public Benefit Options. A project may utilize more than one Public Benefit Option if eligible, and development Incentives granted in exchange for Public Benefits may be stacked. These Public Benefit Options may be combined with the Additional Incentives in Paragraph (h). If a project includes five of the following Public Benefit Options, it shall receive an additional 11 feet in height.
(1) Child Care Facility. A project that includes a Child Care Facility located on the premises of, as part of, or adjacent to, the project; and that records a covenant in the project site’s chain of title to the benefit of the City using language to the satisfaction of the City, that requires the Child Care Facility be maintained for at least 55 years; shall be granted either of the following:
(i) An increase in the floor area of the project’s residential unit space equal to the floor area of the Child Care Facility included in the project; or
(ii) An additional Incentive listed on the Menu of Incentives or not listed on the Menu of Incentives, using the procedures of Section 12.22 A.38.(d)(2) of this Code as applicable, that contributes significantly to the economic feasibility of the construction of the Child Care Facility. A project that utilizes this Incentive may request an additional 11 feet in height.
(iii) Notwithstanding the Public Benefit Options available under this Subparagraph (1), pursuant to California Government Code Section 65915(h)(3), a Density Bonus or Incentive for a Child Care Facility shall not be provided if the applicable decision-maker finds, based on substantial evidence, that the community has adequate Child Care Facilities.
(2) Multi-Bedroom Units. A project that includes units with three bedrooms or more, and executes a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee that the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future, shall be granted one of the following options to requested Floor Area and Height Incentives:
(i) A Housing Development that includes three bedrooms or more in a minimum of 10% of its overall residential units (including units added by a Density Bonus) shall be granted additional Floor Area and/or Height as follows in Table 12.22 A.38.(i)(2)(i)a. in addition to what is available in the applicable FAR and Height incentive as listed for Base Incentives in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i); or
Table 12.22 A.38.(i)(2)(i)a.
Additional FAR and Height for Multi-Bedroom Units
Overall Residential Units (including Density Bonus Units)
Additional FAR
Additional Height (Stories)
0 - 30
0.5:1
1
31 - 50
1.0:1
1
51 - 75
1.5:1
2
75+
2.0:1
2
(ii) Any Housing Development that includes residential units with three bedrooms or more shall be granted the following:
a. An exemption of the square footage of all residential units with three or more bedrooms from the floor area calculations so that the specified residential units do not count against the maximum Floor Area allowed on the development site; and/or
b. An additional story of height beyond what is available in the applicable height incentive as listed for Base Incentives in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i). The square footage of this additional story shall be limited to the square footage exempted as a result of applying Section 12.22 A.38.(g)(3)(ii)a. of this Code.
(3) Preservation of Trees. An additional 11 feet of height may be awarded for a project that maintains existing mature, Significant Trees (any tree that measures 12 inches or more in diameter at 4-1/2 feet above the average natural grade at the base of the tree and/or is more than 35 feet in height), as verified by a focused Tree Report prepared by a certified arborist. A covenant shall be filed in the project site’s chain of title to the benefit of the City using language to the satisfaction of the Planning Department that requires the tree to be maintained for at least 15 years unless a certified arborist certifies that the tree is dead, dying, or dangerous to public health.
(4) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California Government Code Section 65915(g), as verified by the Department of City Planning, shall be granted a Density Bonus of 15% as specified in California Government Code Section 65915(g).
(5) Active Ground Floor Exemption from Calculation of Floor Area. An active use, up to 1,500 square feet, located on the ground story shall be exempt from the calculation of floor area.
(i) For the purpose of exempting an active use on the ground story from calculating floor area, active space shall be designed and intended for Neighborhood Retail and Service Uses. Areas for circulation, storage, mechanical equipment, parking, lobbies, mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15% of an area designated as an active use.
(ii) A project utilizing this option shall provide a ground story transparency of a minimum of 60% along the building Frontage.
(iii) A project utilizing this option shall provide a ground floor entrance at minimum every 50 feet along the front property line that provides both ingress and egress pedestrian access to the ground story of the building.
(6) Privately Owned Public Space. A project that provides 4% of buildable lot area that is dedicated as Privately Owned Public Space above the project site’s required Common Outdoor Open Space, shall be eligible for a zero rear yard setback and shall be eligible to utilize the Additional Incentive titled Relief From a Development Standard, as described in Section 12.22 A.38.(h)(2)(xi) of this Code, in order to deviate from site landscaping requirements.
(7) Surveyed Historic Resource Facade Rehabilitation. A project incorporating a Surveyed Historic Resource into the project design shall be granted additional Floor Area up to 1.0 FAR and 22 feet in height beyond what is available and requested as an Incentive from the Base Incentives in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i), provided all of the following standards are met:
(i) The project retains all street Frontage facades to a depth of 10 feet, and
(ii) New Floor Area shall be setback behind the 10-foot retention area, except that outdoor open space, balconies, and non-habitable architectural projections may encroach on the 10-foot retention area. In any instance where a lot contains dual-frontages, the setback shall be applied from both Frontages, and
(iii) Rehabilitation of the facade is completed pursuant to the Secretary of the Interior’s Standards for Rehabilitation, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning. This option does not apply if the Office of Historic Resources has determined that the Surveyed Historic Resource is not eligible for listing individually or as a contributor as described in the definition in Section 12.03 of this Code.
(j) Program Standards. The following Program Standards shall be applicable to any project that meets the eligibility criteria established in Paragraphs (e), (f), and (g) of this subdivision.
(1) Eligibility For Other Density Bonus Programs. A project seeking a Density Bonus or other development incentives pursuant to this subdivision is not eligible for a Density Bonus or other development incentives pursuant to the procedures of any other housing incentive program contained in the Los Angeles Municipal Code, a Community Plan, an overlay, Specific Plan, or any other City regulation or guideline. However, a project may utilize the streamlining procedures and Incentives for Adaptive Reuse Projects (Sec. 12.22 A.26. of this Code) and in the Housing Element Sites Streamlining Program (Sec. 16.70 of this Code), provided that the project meets the requirements for all utilized programs.
(2) Calculating Maximum Allowable Residential Density. The Maximum Allowable Residential Density of a project site shall be calculated pursuant to Government Code Section 65915(o)(6), before the application of a Density Bonus, using the maximum number of units allowed under a project site’s applicable zoning ordinance, Specific Plan, overlay, or General Plan land use designation, whichever is greater. If a range is permitted, the maximum number of units allowed by the specific zoning range, Specific Plan, or General Plan land use designation shall be applicable when determining a project site’s density prior to the application of a Density Bonus. Residential units added using an incentive program contained in a Specific Plan, overlay, or other City program granting development bonuses, shall not count toward a project’s Maximum Allowable Residential Density.
(3) Calculating Restricted Affordable Units. The required number of Restricted Affordable Units shall be calculated based on a project’s Total Units and shall include any unit added by a Density Bonus awarded pursuant to this subdivision.
(4) Calculating a Density Bonus. For the purposes of calculating a Density Bonus, the following shall apply:
(i) Residential units that comprise a project shall be on contiguous lots, not separated by a street or alley, that are the subject of a single development application, but do not need to be based on individual subdivision maps or lots.
(ii) An applicant for a project may have the ability to apply a lesser percentage of Density Bonus, including but not limited to, no Density Bonus.
(5) Fractional Numbers.
(i) Units. For the purposes of this subdivision, calculations for the following resulting in fractional numbers shall be rounded up to the next whole number:
a. Maximum Allowable Residential Density;
b. Density Bonus units;
c. Number of Restricted Affordable Units;
d. Number of Replacement Housing Units;
e. Vehicular Parking; and
f. Number of Multi-Bedroom Units provided pursuant to Section 12.22 A.38.(i)(2) of this Code.
(6) Multiple Lots. A building that crosses one or more lots is eligible for the Transit Oriented Incentive Area or Opportunity Corridor Incentive Area that corresponds to the lot with the highest incentive area benefits permitted in Table 12.22 A.38.(e)(1)(iv) or Table 12.22 A.38.(f)(1)(i).
(7) Update Frequency. The Director shall have the authority to issue and update eligibility maps on an annual basis in order to align the programs of this Subdivision 38. with updated zoning, transit and geographic data, including updates to Resource Areas as defined and identified by the California Tax Credit Allocation Committee (TCAC), and updates to the locations of Major Transit Stops.
(8) Updates to Community Plans, Specific Plans, Transit Neighborhood Plans and Overlays. Community Plans, Specific Plans, Transit Neighborhood Plans and overlays with sites eligible for project approval through the Mixed Income Incentive Program in this Subdivision 38., shall meet at minimum the Base Incentives and required percentage of Restricted Affordable Units for every lot eligible. If a Community Plan Update, Specific Plan, Transit Neighborhood Plan, or overlay subsequently proposes to exceed the development Incentives or percentages of Restricted Affordable Units set forth in this subdivision, the Community Plan, Specific Plan, Transit Neighborhood Plan, or overlay may supersede the Transit Oriented Incentive Area program. If these provisions are met, these subsequently adopted land use plans shall not be subject to the Update Frequency provisions of Subparagraph (7) of Paragraph (j) above.
(i) Exception. If a Community Plan, Specific Plan, Transit Neighborhood Plan, or overlay subsequently assigns a site a zone that does not match the minimum Base Incentives for every lot eligible for the Transit Oriented Incentive Area program, the land use plan shall be required to demonstrate that the zoning action does not result in the net loss of residential capacity.
(9) Request for a Lower Eligibility Subarea. Even though a project site may be eligible for a certain Transit Oriented Incentive Area or Opportunity Corridor Incentive Area, an applicant may choose to select a lower Transit Oriented Incentive Area, Opportunity Corridor Incentive Area, or Opportunity Corridor Transition Incentive Area within the applicable Market Tier by providing the percentage of Restricted Affordable Units required for any lower Transit Oriented Incentive Area or Opportunity Corridor Incentive Area and be limited to the Incentives available for the lower Transit Oriented Incentive Area or Opportunity Corridor Incentive Area.
(10) Replacement Housing Units. A project approved under this subdivision must meet any applicable housing replacement requirements and demolition protections of California Government Code Section 65915(c)(3) and Section 16.60 of this Code, as verified by the Los Angeles Housing Department (LAHD) prior to the issuance of a building permit. Replacement Housing Units required pursuant to this subparagraph may count towards any Restricted Affordable Unit requirements.
(11) Standards for Restricted Affordable Units. A project must meet the applicable requirements regarding the size, location, amenities and allocation of Restricted Affordable Units in Sections 16.61 B. and C. of this Code, and in any Implementation Memorandum, Technical Bulletin or User Guide prepared and adopted by the Los Angeles Housing Department or Department of City Planning. Restricted Affordable Units are subject to a recorded affordability restriction of 55 years, or 99 years pursuant to Section 16.61 A. of this Code as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Section 19.14 of this Code.
(12) Rent Schedules. Restricted Affordable Units required as part of a project shall be rented at rates that do not exceed those specified in California Health and Safety Code 50052.5 for for-sale units or California Health and Safety Code Section 50053 for rental units. Restricted Affordable Units associated with One Hundred Percent Affordable Housing Projects shall comply with the Restricted Affordable Unit requirements set forth in Section 12.22 A.39.(c) of this Code.
(13) Implementation Memorandums, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memorandums, FAQs, Forms / Applications and/or User Guides for State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, for the purpose of providing additional information pertaining to this subdivision and maintaining consistency with State Density Bonus Law.
(14) Covenants. Prior to the issuance of a building permit for any project qualifying for a Density Bonus pursuant to the provisions of this Subdivision, covenants acceptable to the Los Angeles Housing Department and consistent with the requirements in this subdivision and set forth in Section 16.61 of this Code shall be recorded with the Los Angeles County Recorder.
(15) Story. A story for purposes of granting an Incentive or Waiver for additional height through this subsection shall be defined as 11 feet.
(k) Relationship to Other Laws, Plans, Requirements and Codes. The following provisions shall govern the relationship of this Subdivision 38. to other laws, plans, requirements and codes for any project that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) A project that meets the eligibility criteria established in Paragraph (c) of this subdivision, and complies with the Procedures established in Paragraph (d) of this subdivision, may utilize a multiple family residential dwelling use with a minimum of two-thirds residential floor area even though use limitations may apply to a project site.
(2) If any of the Procedures described in Paragraph (d), Base Incentives described in Paragraphs (e), (f), and (g), Additional Incentives described in Paragraph (h), Public Benefit Options described in Paragraph (i), or Waivers requested pursuant to Section 12.22 A.38.(d)(4) of this Code differ from any otherwise applicable Community Plan, Specific Plan, overlay, supplemental use district, “Q” condition, “D” limitation, or citywide regulation established through Chapter 1 of this Code, including but not limited to the Ordinance Nos. listed below, this subdivision shall prevail where the project applicant seeks approval through this subdivision.
(i)
Alameda District Specific Plan (171,139)
(ii)
Avenue 57 Transit Oriented District (174,663)
(iii)
Bunker Hill Specific Plan (182,576)
(iv)
Century City North Specific Plan (156,122)
(v)
Century City West Specific Plan (186,370)
(vi)
Century City South Specific Plan (168,862)
(vii)
Coastal Bluffs Specific Plan (170,046)
(viii)
Coliseum District Specific Plan (185,042)
(ix)
Colorado Boulevard Specific Plan (178,098)
(x)
Convention Center and Arena Specific Plan (188,077)
(xi)
Cornfield Arroyo Seco Specific Plan (182,617)
(xii)
Crenshaw Corridor Specific Plan (184,795)
(xiii)
Devonshire / Topanga Corridor Specific Plan (168,937)
(xiv)
District No Ho Specific Plan (188,144)
(xv)
Exposition Corridor Transit Neighborhood Plan (186,402)
(xvi)
Foothill Boulevard Corridor Specific Plan (170,694)
(xvii)
Girard Tract Specific Plan (170,774)
(xviii)
Glencoe / Maxella Specific Plan (171,946)
(xix)
Granada Hills Specific Plan (184,296)
(xx)
Hollywoodland Specific Plan (168,121)
(xxi)
Jordan Downs Urban Village Specific Plan (184,346)
(xxii)
Los Angeles Airport / El Segundo Dunes Specific Plan (167,940)
(xxiii)
Los Angeles International (LAX) Specific Plan (185,164)
(xxiv)
Los Angeles Sports and Entertainment District Specific Plan (181,334)
(xxv)
Loyola Marymount University Specific Plan (181,605)
(xxvi)
Mt. Washington / Glassell Park Specific Plan (168,707)
(xxvii)
Mulholland Scenic Parkway Specific Plan (167,943)
(xxviii)
North Westwood Village Specific Plan (163,202)
(xxix)
Oxford Triangle Specific Plan (170,155)
(xxx)
Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371)
(xxxi)
Paramount Pictures Specific Plan (184,539)
(xxxii)
Park Mile Specific Plan (162,530)
(xxxiii)
Playa Vista Area B Specific Plan (165,638)
(xxxiv)
Playa Vista Area C Specific Plan (165,639)
(xxxv)
Playa Vista Area D Specific Plan (176,235)
(xxxvi)
Ponte Vista at San Pedro Specific Plan (182,937 and 182,939)
(xxxvii)
Porter Ranch Land Use / Transportation Specific Plan (180,083)
(xxxviii)
Redevelopment Plans (186,325)
(xxxix)
San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736)
(xl)
San Vicente Scenic Corridor Specific Plan (173,381)
(xli)
University of Southern California University Park Campus Specific Plan (182,343)
(xlii)
Valley Village Specific Plan (168,613)
(xliii)
Venice Coastal Zone Specific Plan (175,693)
(xliv)
Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052)
(xlv)
Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749)
(xlvi)
Warner Center 2035 Plan (182,766)
(xlvii)
Westwood Community Multi-Family Specific Plan (163,203 and 163,186)
(xlviii)
Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644)
(xlix)
Wilshire - Westwood Scenic Corridor Specific Plan (155,044)
(3) Despite Section 11.05 (Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which are Referenced to in the Los Angeles Municipal Code) of this Code, any references to State or Federal statutes or regulations in this subdivision shall be to those statutes or regulations as written and in effect on the date the ordinance adding those references is adopted. This general rule is intended to control over a specific rule to the contrary and shall not be subject to the rule of statutory construction that where there is a conflict, a specific statute controls over a general statute. References within this subdivision to requirements of other City or government agencies or chapters of the Los Angeles Municipal Code, as well as other local, state, and federal codes are provided for informational purposes and are not intended to be comprehensive or to provide exemption from any additional applicable regulations from other City or government agencies or sections of the Los Angeles Municipal Code not explicitly referenced in this subdivision.
(l) Interpretations Consistent with State Density Bonus Law. This subdivision is intended to be interpreted as consistent with State Density Bonus Law contained in California Government Code Sections 65915 - 65918. If at any time, this subdivision becomes inconsistent with California Government Code Sections 65915 - 65918, as Determined by the Director of Planning the provisions of State Density Bonus Law shall apply.
39. Affordable Housing Incentive Program. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
(a) Purpose. The purpose of this subdivision is to establish procedures for implementing State Density Bonus requirements as set forth in California Government Code Sections 65915 - 65918 for affordable housing projects, including Priority Housing Projects, and to increase the production of affordable housing citywide with tailored application for sites on parking (P) zones, public facility (PF) zones, and sites owned by Public Agencies, Faith-Based Organizations and nonprofit Community Land Trusts and Cooperatives. In conjunction with the Incentives granted by state law, this subdivision shall offer Incentives and Waivers for the purposes of increasing the feasibility of affordable housing construction.
(b) Definitions. The following definitions shall apply to this subdivision:
Faith-Based Organization Project. A housing project located on land owned entirely, whether directly or through a wholly owned company or corporation, by a Religious Institution at the time of project filing, developed by or in partnership with a Qualified Developer. This includes ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Public Benefit Corporation Law at California Corporations Code, Title 1, Division 2, Part 2, Section 5110 et seq.
General Commercial Uses. A use that involves business activity serving the general public, including retail, professional and personal services, hospitality, and entertainment.
Incentive. As defined in Section 12.03 of this Code.
Moderate Opportunity Areas. Moderate Resource Areas and areas experiencing moderate rates of rapid change as defined and identified by the California Tax Credit Allocation Committee (TCAC).
Public Agency. Refer to California Government Code Section 20056.
Public Land Project. A housing project located in a Public Facility (PF) Zone and/or located on lots owned by a Public Agency.
Qualified Developer. The same meaning as California Government Code Section 65913.16(b)(9)(A) - (C), exclusive of (D). For purposes of this subdivision, a Qualified Developer shall also include a Community Development Financial Institution (CDFI) identified on the United States Department of the Treasury’s CDFI Fund list of Certified CDFIs at the time of project filing, provided the CDFI maintains a non-profit status pursuant to Section 501(c)(3) of the United States Internal Revenue Code.
Religious Institution. Refer to California Government Code Section 65913.16(b)(10).
Sea Level Rise Area. As defined in Section 12.03 of this Code.
Shared Equity Project. A housing project located on land owned by a Public Agency, a Community Land Trust as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a Limited- equity Housing Cooperative or Workforce Housing Cooperative Trust as defined in California Civil Code Section 817, except that residential units, in addition to being sold or rented to income qualified persons, may also be held by the non-profit corporation for the purpose of making Lower Income units (as defined in Sec. 12.03 of this Code) financially stable. The land must be owned by the Public Agency, Community Land Trust, Limited-equity Housing Cooperative or Workforce Housing Cooperative Trust at the time of project filing through the issuance of a Certificate of Occupancy.
Shared Housing Building. As defined in Section 12.22 A.37.(b) of this Code.
Shared Housing Unit. As defined in Section 12.22 A.37.(b) of this Code.
Total Units. The complete number of residential units in a project after a Density Bonus is awarded pursuant to this subdivision.
Very Low Vehicle Travel Area. Refer to California Government Code Section 65915(o)(9).
Waiver. As defined in Section 12.22 A.37.(b) of this Code.
(c) Eligibility Criteria. To qualify for the provisions of this subdivision, a project must satisfy the following eligibility requirements:
(1) Satisfy the definition of a One Hundred Percent Affordable Housing Project, Public Land Project, Shared Equity Project, or a Faith-Based Organization Project and have five or more Total Units. A project shall consist of Dwelling Units, except that a One Hundred Percent Affordable Housing Project may also consist of Shared Housing Units in a Shared Housing Building. A One Hundred Percent Affordable Housing Project that contains Shared Housing Units may seek approval through this Subdivision 39., however other projects that contain Shared Housing Units shall seek approval through Section 12.22 A.37. of this Code. For purposes of this Subdivision 39., the terms “residential units” or “units” shall refer to Dwelling Units, but for One Hundred Percent Affordable Housing Projects these terms shall also refer to Shared Housing Units due to the project type.
(2) Reserve a percentage of the project’s Total Units as Restricted Affordable Units as specified in Table 12.22 A.39.(c)(2)(i).
Table 12.22 A.39.(c)(2)(i)
Required Percentage of Restricted Affordable Units
Project Type
Minimum % of Total Units that are Restricted Affordable Units 1
One Hundred Percent
Affordable Housing Project
100% 1
Public Land Project
80% 2
Faith-Based Organization Project
80% 3
Shared Equity Project
80% 4
Footnotes:
1. In a One Hundred Percent Affordable Housing Project per California Government Code Section 65915(b)(1)(G), all units including shared housing units in a shared housing building (including Density Bonus units but excluding a manager’s unit or staff units pursuant to California Government Code Section 65193.16), shall be Restricted Affordable Units for Lower Income households (California Health and Safety Code Section 50079.5), except that up to 20 percent of all units may be for Moderate Income households (California Health and Safety Code Section 50053 and 50093). The affordable rents for at least 20 percent of all units shall be set per California Health and Safety Code Section 50053, and affordable rents for the remaining units shall be set for Lower Income households as determined by the California Tax Credit Allocation Committee. For for-sale units, the affordable housing costs are defined by California Health and Safety Code Section 50052.5.
2. A Public Land Project shall a percentage of residential units (excluding units added by a Density Bonus) as Restricted Affordable Units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent Very Low Income (for rent or sale), 25 percent Lower Income (for rent or sale), or 45 percent Moderate Income (for-sale only), as those referenced incomes, rents and housing costs are specified in California Government Code Section 65915. The remaining required Restricted Affordable Units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to 120 percent of the area median income as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sections 50052.5 and 50053. A project may elect to set these remaining Restricted Affordable Units at a lower income and affordability level. In addition, 20 percent of Total Units (inclusive of Density Bonus units) may be unrestricted.
3. A Faith-Based Organization Project shall provide a percentage of residential units (excluding units added by a Density Bonus) as Restricted Affordable Units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent Very Low Income (for rent or sale), 25 percent Lower Income (for rent or sale), or 45 percent Moderate Income (for sale only) as those referenced incomes, rents and housing costs are specified in California Government Code Section 65915. The remaining required Restricted Affordable Units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost for Lower Income households, as determined by the California Tax Credit Allocation Committee or per California Health and Safety Code Sections 50052.5 and 50053; but the exception is that up to 20 percent of the remaining Restricted Affordable Units may be set at an affordable rent or for-sale housing cost to households earning up to 120 percent of the area median income, as determined by the California Tax Credit Allocation Committee or per California Health and Safety Code Sections 50052.5 and 50053. A project may elect to set these remaining required Restricted Affordable Units at a lower income and affordability level. In addition, 20 percent of Total Units may be unrestricted.
4. A Shared Equity Project shall provide a percentage of residential units (excluding units added by a Density Bonus) as Restricted Affordable Units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent Very Low Income (for rent or sale), 25 percent Lower Income (for rent or sale), or 45 percent Moderate Income (for-sale only), as those referenced incomes, rents and housing costs are specified in California Government Code Section 65915. The remaining required Restricted Affordable Units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to 120 percent of the area median income as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sections 50052.5 and 50053. A project may elect to set these remaining Restricted Affordable Units at a lower income and affordability level. In addition, 20 percent of Total Units may be unrestricted.
(3) A One Hundred Percent Affordable Housing Project site shall not include any lots located in a single family or more restrictive residential zone (RW and more restrictive zone) if a project site’s Maximum Allowable Residential Density is less than five units. A Shared Equity Project site shall not include lots located in a single family or more restrictive residential zone (RW and more restrictive).
(4) A Faith-Based Organization Project utilizing land purchased by a Religious Institution after January 1st, 2024, shall not include any lots located in a single family or more restrictive residential zone (RW and more restrictive) unless the filing Religious Institution owns a lot with an existing Church or House of Worship use located within 528 feet of the project site.
(5) A One Hundred Percent Affordable Project with a Maximum Allowable Residential Density of less than five units, a Faith-Based Organization Project, or a Shared Equity Project, shall not include any lots located in a manufacturing zone that does not allow multiple family residential uses (M1, M2, M3), including sites zoned CM, MR1, and MR2 with no residential uses permitted from an applicable planning overlay.
(6) A One Hundred Percent Affordable Project that has a Maximum Allowable Residential Density of less than five units, a Faith-Based Organization Project, or a Shared Equity Project, shall not include any lots located in a Very High Fire Hazard Severity Zone (VHFHSZ), the Coastal Zone, or a Sea Level Rise Area.
(7) A Faith-Based Organization Project or Shared Equity Project, satisfies both the following where the project is located on a lot with a Surveyed Historic Resource that is classified as a historical resource, as defined by California Public Resources Code Section 21084.1 and determined by the Office of Historic Resources.
(i) If proposed alterations to a Surveyed Historic Resource do not meet the Secretary of the Interior’s Standards for Rehabilitation, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of the City of Planning, the Discretionary Procedure pursuant to Section 12.22 A.39.(d)(3) of this Code shall be followed; and
(ii) The Faith-Based Organization Project or Shared Equity Project does not require Demolition, as defined in Section 13B.8.1.C of Chapter 1A of this Code, of a Surveyed Historic Resource.
(8) The project does not require the demolition of a Designated Historic Resource, as demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code, and any proposed alteration to a Designated Historic Resource shall not be approved until any required review pursuant to the Los Angeles Municipal Code, or any other state or federal law, is completed.
(9) A Type I Unified Adaptive Reuse Project, as defined in Section 12.22 A.26.(i)(1) of this Code, that meets the definition of a One Hundred Percent Affordable Housing Project, Public Land Project, Faith- Based Organization Project, or a Shared Equity Project, and that complies with the eligibility criteria associated with the corresponding project type, applies both the following: (Amended by Ord. No. 188,793, Eff. 2/1/26.)
(i) The portion of the Type I Unified Adaptive Reuse Project consisting of new construction may be eligible for Base Incentives, Additional Incentives, and Public Benefits Options in Section 12.22 A.39. of this Code for the respective project type definition unless otherwise stated; and
(ii) The Type I Unified Adaptive Reuse Project shall comply with the Procedures set forth in Section 12.22 A.39.(d) of this Code based on the corresponding project type definition and associated project request.
(d) Procedures. A project that meets the eligibility and other criteria of this subdivision shall be reviewed pursuant to the Procedures set forth below. Though an approval of a Density Bonus or Incentive pursuant to this subdivision shall not, in and of itself, trigger a General Plan Amendment, Zone Change, Project Review or other discretionary review actions required by this Code, the applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply to projects seeking other discretionary approvals in conjunction with an application pursuant to these procedures in Paragraph (d).
(1) Los Angeles Department of Building and Safety Review. A project seeking Base Incentives described in Paragraph (e) and/or Additional Incentives listed on the Menu of Incentives in Paragraph (f) shall be considered ministerial and processed by the Department of Building and Safety.
(i) Exceptions.
a. Faith-Based Organization Projects and Shared Equity Projects with a Surveyed Historic Resource shall seek approval pursuant to Subparagraph (2) of Paragraph (d).
(2) Expanded Administrative Review. The following projects shall be ministerially approved pursuant to Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code. As defined in this subdivision, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). The following projects use Expanded Administrative Review:
(i) A project that requests the Public Benefit Options. A project that requests only Public Benefit Options in Paragraph (g) and Additional Incentives listed on the Menu of Incentives shall not be subject to any hearing procedures regardless of the provisions contained in Section 13B.3.2.D of Chapter 1A of this Code.
(ii) A project seeking Additional Incentives not listed on the Menu of Incentives described in Paragraph (f) pursuant to California Government Code Section 65915(d).
(iii) A project that requests only up to one Waiver. The Waiver shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code.
(iv) A Faith-Based Organization Project or Shared Equity Project with a Surveyed Historic Resource.
(v) A project requesting Additional Incentives from the Menu of Incentives that cannot comply with the criteria established in Section 12.22 A.39.(f)(1)(ii) of this Code shall be subject to the Public Hearing procedures described in Section 13B.3.2.D of Chapter 1A of this Code in addition to the general procedures described in Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code.
(vi) A Public Land Project that received a preceding resolution of support from City Council, and request more than one Waiver. The Waiver shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code.
(3) Director’s Determination. The Director of Planning shall review the following projects pursuant to Section 13B.2.5 of Chapter 1A of this Code:
(i) A project requesting up to three Waivers. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code.
(4) City Planning Commission Review. The following projects must file an application pursuant to Section 13B.2.3 of Chapter 1A of this Code. Notwithstanding the provisions set forth in Section 13B.2.3 (Class 3 Conditional Use Permit) of this Code, the decision of the City Planning Commission shall be final and not further appealable.
(i) A project that requests more than three Waivers. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code.
(5) Findings for Waivers. Any Waivers requested pursuant to the Procedures described in this paragraph shall be approved by the applicable decision-making authority unless that decision-making authority makes one of the following findings:
(i) The Development Standard associated with a request for Waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph (c) at the densities or with the Base Incentives and Additional Incentives permitted under this subdivision.
(ii) The Waiver would have a Specific Adverse Impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
(iii) The Waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(iv) The Waiver would be contrary to state or federal law.
(6) Other Discretionary Approvals. Applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code apply for a project seeking other discretionary approvals in conjunction with an application pursuant to the Procedures in Paragraph (d). Regardless of any other findings that may be applicable, the decision-maker must approve the requested Base Incentives and Additional Incentives, either on or not on the Menu of Incentives described in Section 12.22 A.39.(f)(2) of this Code, requested under this subdivision unless the decision-maker, based upon substantial evidence, makes one or more of the disapproval findings described in Section 12.22 A.39.(f)(1)(i) of this Code.
(7) Density Bonuses, Incentives or Waivers Exceeding this Subdivision. A project that seeks additional Density Bonuses, Incentives or Waivers beyond what is expressly allowed by the subdivision, shall be reviewed pursuant to Section 12.22 A.37. of this Code, along with the requirements and findings in Section 12.24 U.26. of this Code, for additional density if applicable.
(8) Applicability of Procedures, Program Standards and Incentives. If a public hearing, when required, has not yet been held for a project, and prior to the operative date of this subdivision a project’s entitlement application was filed and associated fees paid, the applicant may elect to apply the Procedures and comply with the Program Standards of this subdivision. Any such project shall be subject to all other applicable provisions in Chapter 1 of this Code, including any Incentive menus or options, that were in effect on the date the application was filed and fees were paid. A project shall only be eligible for the Incentives of this subdivision, including any Incentive menus or options, if on or after the operative date of this subdivision both a new entitlement application is filed and associated fees are paid.
(e) Base Incentives. A project that meets the eligibility criteria established in Paragraph (c) may use Base Incentives described in this paragraph, in exchange for the required minimum percentage of Restricted Affordable Units established in Paragraph (c) of this subdivision. A project that qualifies for Base Incentives established in Table 12.22 A.39.(e)(1) below shall also be eligible for Public Benefit Options listed in Paragraph (g). For Type I Unified Adaptive Reuse Projects that meet the eligibility criteria established in Section 12.22 A.39.(c) of this Code, notwithstanding the Density Bonuses described in Table 12.22 A.39.(e)(1), the Base Incentives for parking, FAR, and height shall only apply to the project’s new construction and the density shall be limited by floor area. (Amended by Ord. No. 188,793, Eff. 2/1/26.)
Table 12.22 A.39.(e)(1)
Affordable Housing Incentive Program - Base Incentives
Eligibility Subarea
Density Bonus
Parking
Floor Area Ratio (FAR)
Height
Description
In each Subarea, the maximum increase in the otherwise Maximum Allowable Residential Density shall be as follows:
In each Subarea, the required parking shall be as follows: 1, 2
In each Subarea, the maximum allowable FAR permitted shall be as follows: 3
In each Subarea, the maximum increase
in the allowable
height permitted shall be equal to the following: 4
Citywide
Any Density Bonus provided by California Government Code Section 65915.
0.5 Parking Spaces per Unit. 5
Sites with a Maximum Allowable Residential Density of less than 5 units: The maximum FAR shall be equal to 1.5:1.
Otherwise, the maximum FAR shall be: 3.0:1, or a 35% increase, whichever is greater.
Sites with a Maximum Allowable Residential Density of less than 5 units: Bonus of up to 11' or 1 story, whichever is greater.
Otherwise, a maximum bonus of 22' or 2 stories, whichever is greater.
Lots located within a half mile of a Major Transit Stop or Very Low Vehicle Travel Area 6
Limited by Floor Area
No minimum parking required.
Sites with a Maximum Allowable Residential Density of less than 5 units: The maximum FAR shall be equal to 2.0:1.
Otherwise, the maximum FAR shall be: 4.5:1, or a 50% increase, whichever is greater.
Sites with a Maximum Allowable Residential Density of less than 5 units: Bonus of up to 11' or 1 story, whichever is greater.
Otherwise, a maximum bonus of 33' or 3 stories, whichever is greater.
Higher Opportunity Areas or Moderate Opportunity Areas
Limited by Floor Area
No minimum parking required.
Required parking for current or proposed non-residential uses may be reduced by 25%
Sites with a Maximum Allowable Residential Density of less than 5 units: The maximum FAR shall be equal to 2.5:1
Otherwise, the maximum FAR shall be: 4.65:1, or a 55% increase, whichever is greater.
Sites with a Maximum Allowable Residential Density of less than 5 units: Bonus of up to 11' or 1 story, whichever is greater.
Otherwise, a maximum bonus of 33' or 3 stories, whichever is greater.
Footnotes:
1. Required automobile parking applies for all residential units in a project (not just the Restricted Affordable Units), inclusive of disabled and required guest parking, where applicable. All parking spaces provided shall comply with LAMC Section 12.21 A.5. Except that any combination of standard, compact or tandem spaces may be provided. Tandem parking spaces that do not comply with LAMC Section 12.21 A.5.(h)(2) may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times. Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
2. For consistency with California Government Code Section 65913.6, parking that was previously required under a Conditional Use Permit pursuant to LAMC Section 12.24 for an existing “church” or “house of worship” use, or that would be required as part of a Conditional Use Permit for a proposed “church” or “house of worship” use, shall be reduced by 50%.
3. Provided that any additional floor area provided through this subdivision is utilized only by the new residential units and required amenity areas for the residential units. Any non-residential uses shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
4. The increase in height shall be applicable to a project over the entire project site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use projects.
5. No parking shall be required for a project meeting the criteria of California Government Code Section 65915(p)(3). No minimum parking is required for a Faith-Based Organization Project if there is a car share vehicle within one block of the lot.
(2) Automobile Parking Zone. In lieu of the limitations described in Sections 12.12.1 and 12.12.1.5 of this Code, in a P or PB zone, a project may utilize the Maximum Allowable Residential Density, uses, and applicable Development Standards permitted in the least restrictive adjoining zone.
(i) Lots with Dual Zoning. In cases where a lot contains split zoning with a P or PB Zone, the entire lot may utilize the Maximum Allowable Residential Density, uses, and applicable Development Standards of the least restrictive adjoining zone.
(3) Public Land Project. In lieu of the requirements in Sections 12.24 U.21. and 12.04.09 B.9. of this Code, a Public Land Project shall be permitted to utilize a multiple family residential dwelling use; the applicable Incentives identified for projects with a Maximum Allowable Residential Density of five in Table 12.22 A.39.(e)(1); and either:
(i) Utilize Maximum Allowable Residential Density, uses, and applicable Development Standards as permitted in the least restrictive adjoining zone. Regardless of adjacent zoning, all Public Land Projects shall be granted a base Floor Area Ratio of 3.0:1, a base height of three stories or 33 feet whichever is greater; or
(ii) Seek more than one Waiver through an Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code, where a project has received a preceding resolution of support from City Council.
(4) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements, which for the purposes of this Base Incentive shall mean the relocation of an established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive for roadway widening shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including, but not limited to, sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
(i) Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or projects subject to procedures in Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(5) Exceptions.
(i) A One Hundred Percent Affordable Housing Project with five or more units (excluding bonus units) pursuant to section (i) of California Government Code Sections 65915 shall not be eligible for the FAR and Parking Incentives indicated in Table 12.22 A.39.(e)(1) and shall be limited to the Density Bonus, Parking, and Height Incentives for projects meeting the eligibility criteria of California Government Code Section 65915(b)(1)(G), as set forth in California Government Code Section 65915(d), (f) and (p) if any of the following is applicable:
a. The project is located in a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area; or
b. The project is located in a manufacturing zone that does not allow multiple family residential uses (M1, M2, M3) or is located in a hybrid industrial zone (CM, MR1, MR2) with residential use restrictions from an applicable planning overlay.
c. The project is located in a single-family or more restrictive residential zone (RW or more restrictive).
(ii) In a Specific Plan or overlay district that has FAR available through a development bonus or incentive program to provide affordable housing, a project may utilize the bonus FAR of the Specific Plan or overlay district in lieu of the FAR maximum described in Table 12.22 A.39.(e)(1).
(iii) A Faith-Based Organization Project or Shared Equity Project shall be limited to the low density Base Incentives indicated in Table 12.22 A.39.(e)(1) for a site with a Maximum Allowable Residential Density of less than five units, regardless of the underlying Maximum Allowable Residential Density or zoning of the project site.
a. Measure ULA Exception. A Shared Equity Project receiving funding from a program established under Ordinance 187,692 (Measure ULA) shall be eligible for Incentives as determined by the project site’s Maximum Allowable Residential Density.
(f) Additional Incentives. A project that satisfies the applicable eligibility criteria of this Subdivision 39. shall be granted a number of Additional Incentives pursuant to the provisions described below in addition to the Base Incentives established in Paragraph (e).
(1) A project shall be eligible for up to five Additional Incentives. A project that satisfies the applicable eligibility criteria of this Subdivision 39. may receive up to five Incentives provided a project includes the applicable percentage of Restricted Affordable Units (excluding units added by a Density Bonus) that is necessary to obtain the maximum number of Incentives available to an income category under California Government Code Section 65915, as listed in Table 12.22 A.37.(f)(1)(i). A project may request Incentives listed in the Menu of Incentives in Paragraph (f)(2) or use an Incentive to seek a deviation from a Development Standard elsewhere in the Los Angeles Municipal Code or a project site’s applicable zoning ordinance, Community Plan, Specific Plan, or overlay. Refer to Paragraph (d) for the approval Procedure that is consistent with the project’s Incentive request.
(i) Incentives requested pursuant to the applicable procedure in Paragraph (d) of this subdivision shall be granted unless any one of the following written findings are made, based upon substantial evidence:
a. The Incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
b. The Incentive will have a Specific Adverse Impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to low-income and moderate-income households. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Incentive would be contrary to state or federal law.
(ii) To be eligible for the Menu of Incentives described in Section 12.22 A.39.(f)(2) of this Code a project shall comply with all of the following:
a. The project shall not be located in a Very High Fire Hazard Severity Zone, Sea Level Rise Area or the Coastal Zone.
b. The project would not require the Demolition, as Demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code, of a Designated Historic Resource, or any Surveyed Historic Resource, eligible or architectural historic resource identified for any historic protection or special consideration or review by an applicable overlay or Specific Plan including sites located in the South Los Angeles Community Plan Implementation Overlay (CPIO) Section 1-6.C.5.b; the Southeast Los Angeles CPIO Section 1-6.C.5.b; the West Adams CPIO Ch.1, Section 6.C.5.b; the San Pedro CPIO Ch.1, Section 7.C.5.b; Westwood Village Specific Plan; Echo Park Community Design Overlay (CDO) District; or the North University Park Specific Plan.
c. The project shall not include any lots located in a manufacturing zone that does not allow multiple family residential uses (M1, M2, M3) or lots located in a hybrid industrial zone (CM, MR1, MR2) with residential use restrictions from an applicable planning overlay, except for Public Land Projects.
(2) Menu of Incentives. A project may elect to request any of the following Incentives not to exceed the allowed number of Incentives pursuant to Paragraph (f)(1) above. Each request from the Menu of Incentives shall constitute one Incentive request unless otherwise stated.
(i) Yards. A project contained in this subdivision may request a reduction of otherwise required yards as follows in Table 12.22 A.39.(f)(2)(i)a. In C zones, yard reductions from the Table may be requested as one Incentive. Separately in R zones, yard reductions from the Table may also be requested as one Incentive.
Table 12.22 A.39.(f)(2)(i)a.
Affordable Housing Incentive Program - Allowed Yard Incentives
Zone
Yard Incentive
C Zones
Side, Rear and Front Yards. A project may utilize any or all of the yard requirements for the RAS3 zone per Section 12.10.5 of this Code. A project on a commercially zoned site adjacent to a property zoned RD or more restrictive may provide a rear yard of not less than five feet.
R Zones
Front Yards. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line of adjacent buildings along the same street frontage. Or, if a site is a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there are no adjacent buildings, no reduction is permitted. If a project occupies all the lots on an entire street frontage, a reduction to the front yard is permitted so long as it is to the same dimension as a corresponding increase to the rear yard.
Side and Rear Yards. Up to 30% decrease in the required width or depth of any individual yard or setback.
(ii) Transitional Height. No otherwise applicable requirement for transitional height including Section 12.21.1 A.10. of this Code, or any applicable transitional height limits in a project site’s applicable zoning, Community Plan, Specific Plan, or overlay, including any requirements for reduced building heights when a project site is adjoining a more restrictive zone, shall need to be met.
(iii) Ground Floor Activation. Where nonresidential Floor Area is required by a zoning ordinance, Specific Plan, Community Plan Implementation Overlay, Pedestrian Overlay Zone, or other set of Development Standards, including to meet the definition of a Mixed Use Project in Section 13.09 B.3. of this Code, that requirement may be reduced by 50 percent and be satisfied by residential lobbies, community rooms, resident amenities spaces, child care centers, supportive services areas, or common open space or use whose primary purpose is to provide services and assistance to residents of the building or the general public.
(iv) Ground Floor Height. A project may request a 30% reduction in any ground floor height requirement.
(v) Commercial Parking. A project may request the elimination of any requirement to provide new or maintain existing automobile parking spaces associated with a commercial use that is proposed in conjunction with the project.
(vi) Building Spacing and Passageways. A project subject to the provisions set forth in Section 12.21 C.2. of this Code may request a reduction in building spacing and passageway requirements as follows:
a. Up to a 30% reduction in the space between buildings required pursuant to Section 12.21 C.2.(a) of this Code.
b. Up to a 50% reduction in the width of the passageway required pursuant to Section 12.21 C.2.(b) of this Code or the space provided to meet a site’s side yard requirement, whichever provides a greater reduction. Passageways provided may extend from any public street adjacent to the project site.
(vii) Lot Coverage. Up to a 20% increase in lot coverage limits, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(viii) Lot Width. Up to a 25% decrease from a lot width requirement, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(ix) Open Space. In lieu of the open space calculations set forth in Section 12.21 G.2. of this Code, a project requesting this Incentive may calculate its usable open space requirement as 15% of the total lot area or 10% of the total floor area confined within the perimeter walls of the provided residential units, whichever is greater, provided that the overall design of the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System. Common Open Space shall constitute at least 50% of the usable open space calculated under this incentive and shall be provided as outdoor space and comply with applicable provisions of Section 12.21 G.2.(a) of this Code. Usable open space provided as Private Open Space shall comply with Section 12.21 G.2.(b) of this Code.
(x) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as a part of the lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.
(xi) Averaging of Floor Area Ratio, Density, Parking or Open Space, and Permitting Vehicular Access. A project that is located on two or more contiguous lots, not separated by a street or alley, may average and permit the floor area, density, open space, and residential and commercial parking over the project site, and permit vehicular use and access between a less restrictive zone and a more restrictive zone, provided that:
a. No further lot line adjustment or any other action that may cause the project to be subdivided, shall be permitted subsequent to this grant during the life of the proposed project pursuant to a covenant running with the land that is recorded with the Los Angeles County Recorder prior to the issuance of any building permit; and
b. The proposed uses in the project are located on areas of the development site where the proposed uses are is permitted by the underlying zone(s) of each lot; and
c. The proposed project is located on one or more contiguous lots that are not separated by a street or alley.
(xii) Relief from a Development Standard. A project may request up to 20% relief from a Development Standard contained in Chapter 1 of this Code, an overlay, a Specific Plan, a Community Plan, a Q Condition, or a D Condition. A project requesting this Incentive must provide landscaping for the projects that meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System. This Incentive may be requested more than once, but shall require the use of an Incentive for each request.
a. Exception. This Incentive shall not apply to Development Standards that regulate FAR, height, yards / setbacks, signs, parking in front of buildings, required trees, pedestrian access, or usable open space. This Incentive shall not apply to a Designated Historic Resource, or a Non- Contributor.
(xiii) Lot Requirements. A Faith-Based Organization Project or a Shared Equity Project on a site with a Maximum Allowable Residential Density of less than five units is eligible for a reduction of otherwise required Lot standards, as part of a subdivision as follows:
a. Minimum Lot Area: 600 square feet
b. Minimum Lot Width: 15 feet
c. Minimum Lot Access: A 3-foot pedestrian access easement may be provided in lieu of vehicular access requirements.
(xiv) Yards. A Faith-Based Project or a Shared Equity Project on a site with a Maximum Allowable Residential Density of less than 5 units is eligible for the reduction of otherwise required Yard standards as follows:
a. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line, of adjacent buildings along the same street frontage. Or, if a site is located on a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there are no adjacent buildings, no reduction is permitted. If a project occupies all the lots on an entire street frontage, a reduction to the front yard is permitted so long as it is to the same dimension as a corresponding increase to the rear yard.
b. A side yard setback of 4 feet for a three-story structure, or side yard setback of 3 feet for a two-story structure.
c. No interior side yard setback shall be required for buildings that are part of the same development.
d. Rear yard setbacks of 4 feet, provided structures maintain a height of less than 26 feet within 15 feet of the rear property line.
e. Alley setbacks of zero feet for structures that maintain a height of less than 26 feet in height for at least the first 15 feet from the alley.
(xv) Building Spacing and Passageways. A Faith-Based Organization Project or Shared Equity Project on a site with a Maximum Allowable Residential Density of less than five units does not need to meet zoning requirements related to building spacing or passageways pursuant to Section 12.21 C.2. of this Code.
(g) Public Benefits Options. A project that qualifies for the Base Incentives contained in this Subdivision 39. shall be eligible for one or more of the following Public Benefit Options. A project may utilize more than one Public Benefit Option if eligible, and bonuses granted in exchange for Public Benefits may be stacked. These Public Benefit Options may be combined with the Additional Incentives granted pursuant to Paragraph (f). If a project includes 5 of the following Public Benefit Options, they shall receive an additional 11 feet in height. A Faith-Based Organization Project, or a project located in Very High Fire Hazard Severity Zones, Coastal Zones or Sea Level Rise Areas, shall only be eligible for Public Benefit Options listed in Sections 12.22 A.39.(g)(1) and 12.22 A.39.(g)(4) of this Code.
(1) Child Care Facility. A project that includes a Child Care Facility located on the premises of, as part of, or adjacent to, the project; and that records a covenant in the project site’s chain of title to the benefit of the City using language to the satisfaction of the City, that requires the Child Care Facility be maintained for at least 55 years, shall be granted either of the following:
(i) An increase in the Floor Area of the project’s residential unit space equal to the Floor Area of the Child Care Facility included in the project; or
(ii) An additional Incentive listed on the Menu of Incentives or not listed on the Menu of Incentives, using the procedures of Section 12.22 A.39.(d)(1) or (d)(2) of this Code as applicable, that contributes significantly to the economic feasibility of the construction of the Child Care Facility. A project that utilizes this Incentive may request an additional 11 feet in height.
(iii) Notwithstanding the Public Benefit Options available under this Subparagraph (1), pursuant to California Government Code Section 65915(h)(3), a Density Bonus or Incentive for a Child Care Facility shall not be provided if the applicable decision-maker finds, based on substantial evidence, that the community has adequate Child Care Facilities.
(2) Multi-Bedroom Units. A Housing Development that includes units with three bedrooms or more, and executes a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future, shall be granted one of the following options to requested Floor Area and Height incentives:
(i) A Housing Development that includes three bedrooms or more in a minimum of 10% of its overall residential units (including units added by a Density Bonus), shall be granted additional Floor Area and Height in addition to what is available through the Base Incentives in Section 12.22 A.39.(e) of this Code as follows in Table 12.22 A.39.(g)(2)(i)a.; or
Table 12.22 A.39.(g)(2)(i)a.
Additional FAR and Height for Multi-Bedroom Units
Overall Residential Units (including Density Bonus Units)
Additional FAR
Additional Height (Stories)
0 - 30
0.5:1
1
31 - 50
1.0:1
1
51 - 75
1.5:1
2
75+
2.0:1
2
(ii) Any Housing Development that includes residential units with three bedrooms or more shall be granted the following:
a. An exemption of the square footage of all residential units with three or more bedrooms from the floor area calculations, so that the specified bedrooms do not count against the allowed floor area of the site; and/or
b. An additional story of height beyond what is available in the applicable height Incentive as listed for Base Incentives in Paragraph (e). The square footage of this additional story shall be limited to the square footage exempted as a result of applying Section 12.22 A.39.(g)(2)(ii)a. of this Code.
(3) Preservation of Trees. Additional 11 feet of height may be awarded for projects that maintain existing mature, Significant Trees (any tree that measures 12 inches or more in diameter at four and one-half feet above the average natural grade at the base of the tree and/or is more than 35 feet in height), as verified by a focused Tree Report prepared by a certified arborist. A covenant shall be filed in the project site’s chain of title to the benefit of the City using language to the satisfaction of the City that requires the tree to be maintained for at least 15 years unless a certified arborist certifies that the tree is dead, dying or dangerous to public health.
(4) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California Government Code Section 65915(g), as verified by the Department of City Planning, shall be granted a Density Bonus of 15% as specified in California Government Code Section 65915(g).
(5) Active Ground Floor Exemption from Calculation of Floor Area. Active uses, up to 1,500 square feet, located on the ground story shall be exempt from the calculation of floor area.
(i) For the purposes of exempting active uses on the ground story from calculating floor area, active space shall be designed and intended for Neighborhood Retail and Service Uses. Areas for circulation, storage, mechanical equipment, parking, lobbies, mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15% of an area designated as an active use.
(ii) Projects utilizing this option shall provide a ground story transparency of a minimum of 60% along the building Frontage.
(iii) Projects utilizing this option shall provide a ground floor entrance at minimum every 50 feet along the front property line that provides both ingress and egress pedestrian access to the ground story of the building.
(6) Privately Owned Public Space. A project that provides 4% of buildable lot area that is dedicated as Privately Owned Public Space above the project site’s required Common Outdoor Open Space, shall be eligible for a zero rear yard setback and shall be eligible to utilize the Additional Incentive titled Relief From a Development Standard as described in Section 12.22 A.39.(f)(2)(xii) of this Code in order to deviate from site landscaping requirements.
(7) Surveyed Historic Resource Facade Rehabilitation. A project incorporating a Surveyed Historic Resource into the project design shall be granted additional Floor Area up to 1.0 FAR and 22 feet in height beyond what is available and requested as an Incentive from the Base Incentives in Table 12.22 A.39.(e)(1), provided all of the following standards are met:
(i) The project retains all street Frontage facades to a depth of 10-feet,
(ii) New Floor Area shall be setback behind the 10-foot retention area, except that outdoor open space, balconies, and non-habitable architectural projections may encroach on the 10-foot retention area. In instances where a lot contains dual-frontages, the setback shall be applied from both Frontages, and
(iii) Rehabilitation of the facades is completed pursuant to the Secretary of the Interior’s Standards for Rehabilitation, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning. This option does not apply if the Office of Historic Resources has determined that the Surveyed Historic Resource is not eligible for listing individually or as a contributor as described in the definition in Section 12.03 of this Code.
(h) Program Standards. The following program standards shall be applicable to any project that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) Eligibility For Other Density Bonus Programs. A project seeking a Density Bonus or other development incentives pursuant to this subdivision are not eligible for a Density Bonus or other development incentives pursuant to the procedures of any other housing incentive program contained in the Los Angeles Municipal Code, a Community Plan, an overlay, Specific Plan, or any other City regulation or guideline. However, a project may utilize the streamlining procedures and Incentives for Adaptive Reuse Projects (Sec. 12.22 A.26. of this Code) and in the Housing Element Sites Streamlining Program (Section 16.70 of this Code), provided that the project meets the requirements for all utilized programs.
(2) Calculating Maximum Allowable Residential Density. The Maximum Allowable Residential Density of a project site shall be calculated pursuant to California Government Code Section 65915(o)(6), before the application of a Density Bonus, using the maximum number of units allowed under a project site’s applicable zoning ordinance, Specific Plan, or General Plan land use designation, whichever is greater. If a range is permitted, the maximum number of units allowed by the specific zoning range, Specific Plan, or General Plan land use designation shall be applicable when determining a project site’s density prior to the application of a Density Bonus. Residential units added using an incentive program contained in a Specific Plan, overlay, or other City program granting development bonuses, shall not count toward a project’s Maximum Allowable Residential Density. A project in a P or PB zone shall calculate Maximum Allowable Residential Density using additional provisions pursuant to Section 12.22 A.39.(e)(2) of this Code, and a Public Land Project shall calculate Maximum Allowable Residential Density using additional provisions pursuant to Section 12.22 A.39.(e)(3) of this Code.
(3) Calculating Restricted Affordable Units. The required number of Restricted Affordable Units shall be calculated based on the Total Units of a project (including bonus units), or provided residential units excluding bonus units, as specified in this subdivision.
(4) Calculating a Density Bonus. For the purposes of calculating a Density Bonus, the following shall apply:
(i) Residential units that comprise a project shall be on contiguous lots, not separated by a street or alley, that are the subject of a single development application, but do not need to be based on individual subdivision maps or lots.
(ii) An applicant for a project has the ability to apply a lesser percentage of Density Bonus, including but not limited to, no Density Bonus.
(5) Fractional Numbers.
(i) Units. For the purposes of this subdivision, calculations for the following resulting in fractional numbers shall be rounded up to the next whole number:
a. Maximum Allowable Residential Density;
b. Density Bonus Units;
c. Number of Restricted Affordable Units;
d. Number of Replacement Housing Units;
e. Vehicular Parking; and
f. Number of Multi-Bedroom Units provided pursuant to Section 12.22 A.39.(g)(2) of this Code.
(6) Replacement Housing Units and Demolition Protections. A project approved under this subdivision must meet any applicable housing replacement requirements and demolition protections of California Government Code Section 65915(c)(3) and Section 16.60 of this Code, as verified by the Los Angeles Housing Department (LAHD) prior to the issuance of a building permit. Replacement Housing Units required pursuant to this subdivision may count towards any Restricted Affordable Unit requirements.
(7) Standards for Restricted Affordable Units. A Project must meet the applicable requirements regarding the size, location, amenities and allocation of Restricted Affordable Units in Section 16.61 B. and C. of this Code, and in any Implementation Memorandum, Technical Bulletin or User Guide prepared and adopted by the Los Angeles Housing Department or Department of City Planning. Restricted Affordable Units are subject to a recorded affordability restriction of 55 years, or 99 years pursuant to Section 16.61 A. of this Code as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Section 19.14 of the Los Angeles Municipal Code.
(8) Implementation Memorandums, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memorandums, FAQs, Forms / Applications and/or User Guides for State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, for the purpose of providing additional information pertaining to this subdivision and maintaining consistency with State Density Bonus Law.
(9) Covenants. Prior to the issuance of a building permit for any project qualifying for a Density Bonus pursuant to the provisions of this subdivision, covenants acceptable to the Los Angeles Housing Department and consistent with the requirements in this subdivision and set forth in Section 16.61 of this Code shall be recorded with the Los Angeles County Recorder. For Shared Equity Projects covenants shall restrict the resale of the property to a Public Agency, Community Land Trusts as defined in the California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), Limited Equity Housing Cooperatives, or Workforce Housing Cooperative Trusts as defined in California Civil Code Section 817, or nonprofit affordable housing corporations pursuant to United States Internal Revenue Code Section 501(c)(3).
(10) Interpretation Consistent with State Density Bonus Law. This subdivision is intended to be interpreted as consistent with State Density Bonus Law contained in California Government Code Sections 65915 - 65918. If at any time, this subdivision becomes inconsistent with California Government Code Sections 65915 - 65918, as determined by the Director of Planning, the provisions of State Density Bonus Law shall apply.
(11) Update Frequency. The Director shall have the authority to issue and update eligibility maps on an annual basis in order to align the programs of this Subdivision 39. with updated zoning, transit, and geographic data updates, including updates to Resource Areas as defined and identified by the California Tax Credit Allocation Committee (TCAC), and updates to the locations of Very Low Vehicle Travel Areas and Major Transit Stops.
(12) Adjoining Zone. Refers to the zones of properties abutting, across the street or alley from, or having a common corner with, the subject project site for purposes of this Subdivision 39.
(13) Income Limits, For-sale Costs, and Rent Schedules. Restricted Affordable Units required as part of a One Hundred Percent Affordable Housing Project, Public Land Project, Faith-Based Organization Project, or Shared Equity Project shall meet the income limit, for-sale cost and rent schedule requirements specified for these projects in footnotes (1) (2) (3) and (4) of Table 12.22 A.39.(c)(2)(i).
(14) Story. A story for purposes of granting an Incentive or Waiver for additional height through this subsection shall be defined as 11 feet.
(i) Relationship to Other Laws, Plans, Requirements and Codes. The following provisions shall govern the relationship of this Subdivision 39. to other laws, plans, requirements and codes for any project that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) A project that meets the eligibility criteria established in Paragraph (c) of this subdivision, and complies with the Procedures established in Paragraph (d) of this subdivision, may utilize a multiple family residential dwelling use with a minimum of two-thirds residential floor area even though use limitations may apply to a project site.
(2) If any of the Procedures described in Paragraph (d), Base Incentives described in Paragraph (e), Additional Incentives described in Paragraph (f), Public Benefit Options described in Paragraph (g), or Waivers requested pursuant to Sections 12.22 A.39.(d)(2) or 12.22 A.39.(d)(4) of this Code, differ from any otherwise applicable Community Plan, Specific Plan, overlay, supplemental use district, “Q” condition, “D” limitation, or citywide regulation established through Chapter 1 of this Code, including but not limited to the Ordinance Nos. listed below, this subdivision shall prevail where the project applicant seeks approval through this subdivision.
(i)
Alameda District Specific Plan (171,139)
(ii)
Avenue 57 Transit Oriented District (174,663)
(iii)
Bunker Hill Specific Plan (182,576)
(iv)
Century City North Specific Plan (156,122)
(v)
Century City West Specific Plan (186,370)
(vi)
Century City South Specific Plan (168,862)
(vii)
Coastal Bluffs Specific Plan (170,046)
(viii)
Coliseum District Specific Plan (185,042)
(ix)
Colorado Boulevard Specific Plan (178,098)
(x)
Convention Center and Arena Specific Plan (188,077)
(xi)
Cornfield Arroyo Seco Specific Plan (182,617)
(xii)
Crenshaw Corridor Specific Plan (184,795)
(xiii)
Devonshire / Topanga Corridor Specific Plan (168,937)
(xiv)
District No Ho Specific Plan (188,144)
(xv)
Exposition Corridor Transit Neighborhood Plan (186,402)
(xvi)
Foothill Boulevard Corridor Specific Plan (170,694)
(xvii)
Girard Tract Specific Plan (170,774)
(xviii)
Glencoe / Maxella Specific Plan (171,946)
(xix)
Granada Hills Specific Plan (184,296)
(xx)
Hollywoodland Specific Plan (168,121)
(xxi)
Jordan Downs Urban Village Specific Plan (184,346)
(xxii)
Los Angeles Airport / El Segundo Dunes Specific Plan (167,940)
(xxiii)
Los Angeles International (LAX) Specific Plan (185,164)
(xxiv)
Los Angeles Sports and Entertainment District Specific Plan (181,334)
(xxv)
Loyola Marymount University Specific Plan (181,605)
(xxvi)
Mt. Washington / Glassell Park Specific Plan (168,707)
(xxvii)
Mulholland Scenic Parkway Specific Plan (167,943)
(xxviii)
North Westwood Village Specific Plan (163,202)
(xxix)
Oxford Triangle Specific Plan (170,155)
(xxx)
Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371)
(xxxi)
Paramount Pictures Specific Plan (184,539)
(xxxii)
Park Mile Specific Plan (162,530)
(xxxiii)
Playa Vista Area B Specific Plan (165,638)
(xxxiv)
Playa Vista Area C Specific Plan (165,639)
(xxxv)
Playa Vista Area D Specific Plan (176,235)
(xxxvi)
Ponte Vista at San Pedro Specific Plan (182,937 and 182,939)
(xxxvii)
Porter Ranch Land Use / Transportation Specific Plan (180,083)
(xxxviii)
Redevelopment Plans (186,325)
(xxxix)
San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736)
(xl)
San Vicente Scenic Corridor Specific Plan (173,381)
(xli)
University of Southern California University Park Campus Specific Plan (182,343)
(xlii)
Valley Village Specific Plan (168,613)
(xliii)
Venice Coastal Zone Specific Plan (175,693)
(xliv)
Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052)
(xlv)
Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749)
(xlvi)
Warner Center 2035 Plan (182,766)
(xlvii)
Westwood Community Multi-Family Specific Plan (163,203 and 163,186)
(xlviii)
Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644)
(xlix)
Wilshire - Westwood Scenic Corridor Specific Plan (155,044)
(3) Despite Section 11.05 (Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which are Referenced to in the Los Angeles Municipal Code) of this Code, any references to State or Federal statutes or regulations in this subdivision shall be to those statutes or regulations as written and in effect on the date the ordinance adding those references is adopted. This general rule is intended to control over a specific rule to the contrary and shall not be subject to the rule of statutory construction that where there is a conflict, a specific statute controls over a general statute. References within this subdivision to requirements of other City or government agencies or Chapters of the Los Angeles Municipal Code, as well as other local, state, and federal codes are provided for informational purposes and are not intended to be comprehensive or to provide exemption from any additional applicable regulations from other City or government agencies or sections of the Los Angeles Municipal Code not explicitly referenced in this subdivision.
40. Administrative Approval for One Hundred Percent Affordable Housing Projects. (Added by Ord. No. 188,788, Eff. 12/19/25.)
(a) Purpose. The purpose of this subdivision is to establish procedures for implementing State Density Bonus requirements as set forth in California Government Code Sections 65915 - 65918, relative to the administrative approval of the One Hundred Percent Affordable Housing Projects specified in this subdivision, in order to increase the production of affordable housing consistent with objective review standards and City policies, and with reference to specified state laws as they exist on the date of adopting this subdivision. This subdivision shall offer Incentives and Waivers for the purposes of increasing the feasibility of affordable housing construction. This subdivision may be referred to as the “Affordable Housing Streamlining Program”.
(b) Projects Submitted Under Executive Directive No. 1 or Prior To Effective Date. A One Hundred Percent Affordable Housing Project that meets the eligibility criteria for Executive Directive No. 1 as applicable, and submits either a preliminary application, as authorized by state law, a vesting of development plan per Section 13B.10.1.B.2 of Chapter 1A of this Code, or a City Planning Application for an Executive Directive No. 1 project to the Department of City Planning, along with any associated submittal fees, prior to November 18, 2025, is not required to meet the provisions of Paragraphs (c), (d), (e), (f), (g), (h)(2), (h)(3), (h)(4) and (i) of this subdivision to be eligible for approval in accordance with this subdivision. A One Hundred Percent Affordable Housing Project that meets all the criteria of this subdivision, submits an applicable preliminary application, vesting of development plan, or City Planning Application, and pays all submittal fees, on or after November 18, 2025 but before the effective date of this subdivision, may amend its application and make a written election to be converted to processing through the Affordable Housing Streamlining Program upon the effective date of this subdivision; but such a project must comply with all provisions of this subdivision to be eligible for approval in accordance with this subdivision, and will have timelines calculated from the date the application is converted and any associated fees are paid for the conversion.
(c) Eligibility Requirements. To qualify for the provisions of this subdivision, a One Hundred Percent Affordable Housing Project must elect to proceed under this subdivision and meet all of the following eligibility requirements:
(1) The project site does not include any parcel, that in whole or in part, is located in a single family or more restrictive zone, or is located in a manufacturing zone, Specific Plan, or planning overlay that does not allow multi-family residential uses.
(2) If the project site includes any parcel with a residential zoning classification in whole or in part, then the entire project site’s zoning must permit the construction of five or more residential units, rounded up to the nearest whole number, prior to the grant of any density bonus or the application of a bonus statute or program.
(3) The project, excluding any additional density, concessions, Incentives, or Waivers of development standards, granted pursuant to the Density Bonus Law in California Government Code Section 65915 or any other local affordable housing incentive program, is consistent with objective zoning standards and objective overlay and design review standards in effect at the time that the development application is submitted pursuant to this subdivision.
(4) The project does not require review and approval of any action pursuant to the following:
(i) Coastal development permit, pursuant to Division 13B.9.1 (Coastal Development Permit Pre-Certification) or Division 13B.9.2 (Coastal Development Permit (Post-Certification) of Chapter 1A of this Code.
(ii) Applicant requested relief from a standard or requirement via a quasi-judicial relief process established in Section 13B.5.1 through Section 13B.5.4 (Quasi-Judicial Relief) of Chapter 1A of this Code.
(iii) Applicant requested waiver or appeal of a dedication and improvement requirement under Section 12.37 I. of Chapter 1 of this Code.
(iv) Deviation from a development standard applied through a Specific Plan for Community Plan Implementation Overlay (CPIO) pursuant to Section 13B.4.5 (Project Exception) or Section 13B.4.4 (Project Adjustment) of Chapter 1A of this Code.
(v) Any form of legislative action pursuant to Division 13B.1 (Legislative Action) of Chapter 1A of this Code.
(5) The project would not include any parcel that includes the following:
(i) Any Designated Historic Resource, or any parcel within a historic district, or any parcel included within any Historic Preservation Overlay Zone (HPOZ); or
(ii) Any surveyed or eligible historic resource identified within the South Los Angeles Community Plan Implementation Overlay (CPIO) Section 1-6.C.5.b, the Southeast Los Angeles CPIO Section 1-6.C.5.b, the West Adams CPIO Section 6.C.5.b, or the San Pedro CPIO Section 7.C.5.b; or
(iii) Any surveyed historic or eligible architectural resource located in the Westwood Village Specific Plan, Central City West Specific Plan, Echo Park CDO District, or the North University Park Specific Plan.
(6) The project is not located on a hazardous waste site that is listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to California Health and Safety Code Section 25356, unless either of the following apply:
(i) The site contains an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the California Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to California Government Code Section 65962.5.
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the California Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(7) A project site that is or was previously used as a gas or oil well as identified by the California Geologic Energy Management Division shall not be approved until a Phase I environmental assessment is completed, and a Phase II environmental assessment is completed if warranted, as defined in California Health and Safety Code Section 25403. A “No Further Action” letter, or some other comparable documentation issued by the appropriate regulatory agency shall be required to establish eligibility for this program.
(8) The project does not include any parcels that are located in the Very High Fire Hazard Severity Zone portion of the Hillside Area Map pursuant to Section 1.5.6. (Hillside Area Map) of Chapter 1A of this Code.
(9) The project is not located on a parcel or parcels subject to the Rent Stabilization Ordinance (RSO) containing a project site total of 12 or more units that are occupied or were occupied in the five-year period preceding the application.
(d) Performance Standards. A One Hundred Percent Affordable Project approved pursuant to this subdivision shall meet all the following performance standards, and no deviation (including via Incentives or Waivers), from these standards shall be granted, except that any project resulting from the conversion of an existing structure need not comply with these standards.
(1) Increase in Floor Area Ratio (FAR). A One Hundred Percent Affordable Housing Project located in a residential zone shall be eligible to request an off-menu Incentive or Waiver for no more than a 100 percent increase in the total project Floor Area Ratio (FAR), or up to a 3.5:1 FAR, whichever is greater.
(2) Reduction in Yards for Projects Located in Residential Zones or Land Use Designations. A One Hundred Percent Affordable Housing Project located in a residential zone or land use designation shall be eligible to request an off-menu Incentive or Waiver for no less than a Side Yard setback of 5 feet and a Rear Yard setback of 8 feet. An off-menu Incentive or Waiver for a reduction of Front Yard setback shall be limited to no more than the average of the Front Yards of buildings on adjoining lots along the same street frontage. Or, if located on a corner lot or adjacent to a vacant lot, the Front Yard setback may align with the façade of the building on the adjoining lot along the same front lot line. If there are no buildings on adjoining lots, no reduction in the Front Yard setback is permitted. For the purpose of requesting an Incentive or Waiver to reduce required yards, all adjustments to individual yards or setbacks may be combined to count as one off-menu Incentive, one Waiver, or one on-menu Incentive.
(3) Screening of At or Above Grade Parking Areas. Any parking area provided at or above grade shall be concealed as follows:
(i) Surface Parking Screening. Where any surface parking area abuts a public street, a landscape buffer, planted with shade trees and shrubs, of a minimum of three feet in width shall be provided between the property line and the subject surface parking.
(ii) Ground Floor and Upper Floor Screening. Ground floor and above-grade vehicular parking and circulation area located within a building or structure, including within a standalone building or structure, shall be screened with:
a) Active uses such as residential units, amenities such as gyms and other common areas serving residential tenants, or commercial uses, or
b) Visually opaque materials or treatments on exterior, street-facing walls of the parking area, provided that opaque materials shall not have less than 60% opacity for any individual tier of parking measured in elevation projection. Screening systems can include openings for natural ventilation, such as louvers, solid walls, or spandrel systems. Parking area enclosures shall not include perforated metal screening products.
Minimum opacity is measured as a percentage calculated as the sum of all solid areas on a parking facade area divided by the total parking facade area projected horizontally and perpendicular to the facade area. When a parking structure tier uses more than one screening treatment with varying opacities, the opacity for the entire level is calculated as a weighted average of the opacities of all the treatments used on the tier. The opacity of each screening treatment is weighted by the percent of the total parking screen facade area covered by that screening treatment.
(4) Street Facing Entrance. Any building fronting a public street shall have at least one entrance facing a public street.
(5) Pedestrian Access. A means of approaching or entering a lot from the public right-of-way as a pedestrian shall be provided to the street facing entrance from a public street.
(6) Minimum Glazing. All floors located above the ground floor shall have glazing equivalent to a minimum of 20 percent of the facade area. Ground floor facades in commercial zones fronting the primary street shall have glazing equivalent to a minimum of 30 percent of the facade area.
(7) Accessory Dwelling Units. Any inclusion of an Accessory Dwelling Unit, or the future conversion of amenity space or parking area, including but not limited to recreation rooms, community rooms, storage rooms, office, and fitness rooms, into a dwelling unit (including an Accessory Dwelling Unit) shall be provided as a covenanted affordable unit at affordability levels and terms equal to the approved project.
(8) Stepbacks. For projects seeking a height increase of three stories, or more than 22 feet, the top story of the project shall be stepped back 10 feet from the exterior building face fronting any public street; and for these projects consisting of buildings with 70 linear feet or greater in width along the front street frontage, the top story of the project shall be stepped back 10 feet from all exterior building faces. Any portion of a building that is already set back 10 additional feet or more from required / allowed front, side and rear yards shall be exempt from these requirements. Projects with any frontage on a street with a General Plan Mobility Element designation of Boulevard or Avenue shall be exempt from these requirements.
(9) Transitional Height. The building height limit shall be stepped-back at a 45 degree angle as measured from a horizontal plane originating 25 feet above grade at the property line of any adjoining lot in the RW1 zone or more restrictive zone.
(e) Replacement Units and Occupant Protections.
(1) Determination of Protected Units. In determining the number of Protected Units contained on the site of the proposed development the Housing Department shall allow a minimum Replacement Unit Determination response period of 30 days to ensure low-income tenants are able to successfully and accurately demonstrate their true household income. The Housing Department’s outreach to tenants shall consider tenants’ internet, computer access, and language needs, and whether in-person outreach is appropriate.
(2) Security Deposit. Returning tenants shall not be required to pay a security deposit greater than one half of their initial monthly rent, and shall be permitted to pay any required security deposit up to 90 days after moving into their replacement unit.
(f) Labor Provisions. The applicant certifies that one of the following is true for the housing development project, as applicable:
(1) The entirety of the development project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the California Labor Code.
(2) The development has a project labor agreement.
(i) The labor provisions shall not apply to a contractor or subcontractor that is subject to a bona fide collective bargaining agreement that covers all construction workers and that provides for the use of apprentices, wage and benefit contributions equal to or greater than the prevailing wage, and a grievance procedure.
(ii) The labor provisions shall not apply where the developer has entered into a pre-hire multi-trade collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project.
(3) The development is over 85 feet in building height, as “building height” is defined in Section 91.202 of Chapter IX of this Code and its definitions adopted by reference, and is not in its entirety a public work, and therefore shall be subject to the following:
(i) The project sponsor certifies to the lead agency that the work will be subject to a project labor agreement. The term “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the California Public Contract Code.
(ii) Other Enforcement. The labor provisions and requirements of this subdivision may be enforced by a civil action against an employer brought by a joint labor management committee. Furthermore, a joint labor management committee may refer ongoing investigations to the Bureau of Contract Administration (BCA) for local enforcement purposes under the purview of the BCA.
(4) The development is no more than 85 feet in building height, as “building height” is defined in Section 91.202 of Chapter IX of this Code and its definitions adopted by reference, and therefore shall not be subject to the additional labor provisions in this program.
(g) Labor Notification. Enforcement will include the Planning Department notifying the Bureau of Contract Administration’s Office of Wage Standard of the successful issuance of an approval through this subdivision. The Office of Wage Standard will post on its website a list of all One Hundred Percent Affordable Housing Projects subject to the requirements of this subdivision and expeditiously respond to any complaints associated with labor standards. This will include Bureau of Contract Administration inspectors dedicated to these projects.
(h) Administrative Review Process. A One Hundred Percent Affordable Housing Project that elects to proceed according to this subdivision and meets the provisions of this subdivision, shall be: ministerially approved pursuant to Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code; shall not be subject to any hearing procedures within Expanded Administrative Review consistent with the intent of the program; and shall be subject to the following supplemental procedures. As defined in this section, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). No City agency shall require a discretionary permit process, but objective standards will be applied. The City shall not exercise any subjective judgment in deciding whether and how to carry out or approve the project. The project shall not be subject to review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code.
(1) Modification of Action. Modification may be allowed as permitted through Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code.
(2) Eligibility for Development Incentives. Except as limited in Subparagraphs (3) and (4) of Section 12.22 A.40.(h) of this Code, a One Hundred Percent Affordable Housing Project approved pursuant to this subdivision may request any otherwise applicable density bonus, Incentives, or Waivers for which they are eligible, pursuant to California Government Code Section 65915 or other provisions of this Municipal Code that provide such bonuses, Incentives, or Waivers in exchange for the provision of affordable housing. Projects requesting a Density Bonus pursuant to Government Code Section 65915 and any local implementation of Government Code Section 65915, may request the five additional Incentives may request the five additional Incentives as an on-menu Incentive where the Incentive is listed on an applicable Incentive menu, or an off-menu Incentive where the Incentive is not listed on an applicable Incentive menu. Projects requesting a Density Bonus pursuant to Government Code Section 65915 and any local implementation of Government Code Section 65915, may apply as an on-menu Incentive any applicable Base or Additional Incentive from the Transit Oriented Communities Affordable Housing Incentive Program pursuant to Section 12.22 A.31., the Qualified Permanent Supportive Housing Ordinance pursuant to Section 14.00 A.13., or any Community Plan Implementation Overlay (CPIO). Any request for a density bonus, Incentive, or Waiver in exchange for affordable housing shall be reviewed according to the Administrative Review Process provided by this subdivision, except for projects pursuing Density Bonus that seek additional Incentives, or Waivers or modification of development standards not on the menu of any local implementation of Government Code Section 65915.
(3) Limitation on Number of Incentive and Waiver Requests. Projects seeking approval pursuant to this subdivision that are also seeking Density Bonuses pursuant to California Government Code Section 65915, shall be eligible for no more than five on-menu or off-menu Incentives and one Waiver or modification of a development standard.
(4) Limitation on Types of Requests for Incentives, Waivers, or Modifications of Any Development Standard(s) Not on the Menu. For any projects approved pursuant to this subdivision that request any Incentives, Waivers, or modifications of any development standard(s) not on the menu described in California Government Code Section 65915 or any local implementation of Government Code Section 65915, such requests shall be limited as follows:
(i) Increase in Height. A One Hundred Percent Affordable Housing Project located in a residential zone shall be eligible to request an off-menu Incentive or Waiver for no more than a total project height increase of three stories, or 33 feet, in excess of the otherwise applicable height limit imposed by the project’s zoning.
(ii) Reduction in Open Space. A One Hundred Percent Affordable Housing Project located in any zone shall be eligible to request an off-menu Incentive or Waiver for no more than a 50 percent reduction or deviation in the otherwise required Open Space.
(iii) Reduction in Bicycle Parking. A One Hundred Percent Affordable Housing Project located in any zone shall be eligible to request an off-menu Incentive or Waiver for no more than a 50 percent reduction in the otherwise required bicycle parking.
(iv) Reduction in Tree Planting Requirements. A One Hundred Percent Affordable Housing Project located in any zone shall be eligible to request an off-menu Incentive or Waiver for no more than a 25 percent reduction (or deviation) in any otherwise required tree planting requirements.
(v) Ground Story Requirements. A One Hundred Percent Affordable Housing Project located in a commercial zone shall be eligible to request an off-menu Incentive or Waiver for no more than a 30 percent reduction in any otherwise required ground story requirement related to minimum height, nonresidential floor area, glazing and transparency, or pedestrian entrance number and spacing. If requesting multiple modifications to ground story requirements, they may be combined to count as one Incentive or Waiver, but each individual request shall not exceed a 30 percent reduction.
(5) Other Procedures or Requirements. If the application or related applications for a One Hundred Percent Affordable Housing Project would require noticing, hearing, or appeal pursuant to any otherwise required approval pursuant to the Los Angeles Municipal Code, those procedures shall be superseded by the procedures outlined in this subdivision. All City departments are directed to process all plans for such One Hundred Percent Affordable Housing projects using the streamlined ministerial review process currently used for projects eligible under California Government Code Section 65913.4.
(6) Covenant. Prior to the issuance of a Building Permit for a One Hundred Percent Affordable Housing Project, a covenant acceptable to the Los Angeles Housing Department, consistent with the requirements in this subdivision and those requirements set forth in Section 16.61 of this Code, shall be recorded with the Los Angeles County Recorder. If the duration of affordability covenants provided for in this subdivision differs from the duration of any other government requirement, the longest duration shall control. Any covenant described in this subparagraph must provide for a private right of enforcement by the City, any tenant, or owner of any building to which a covenant and agreement applies.
(7) Affordability Criteria. The affordable rents must either all be set to be affordable to Lower Income households with rents or housing costs that are affordable to Lower Income households, or at least 20 percent of all restricted affordable units in the project shall be set per California Health and Safety Code Section 50053, and affordable rents for the remaining units shall be set at an amount consistent with the maximum rent levels for Lower Income households as determined by the California Tax Credit Allocation Committee. For for-sale units, the affordable housing costs are defined by California Health and Safety Code Section 50052.5.
(i) Relationship to Other Sections of the Los Angeles Municipal Code.
(1) If any of the Performance Standards in Paragraph (d) or Administrative Review Process in Paragraph (h) differ with those of any otherwise applicable Specific Plan, supplemental use district, “Q” condition, “D” limitation, or citywide regulation established in Chapter 1 of this Code, including but not limited to the ordinance numbers listed below, this subdivision shall prevail. Furthermore, to the extent permitted by law, a One Hundred Percent Affordable Housing Project approved pursuant to this subdivision shall not require any procedures under any Specific Plan, Supplemental Use District, or other overlay, including but not limited to the ordinance numbers listed below.
(i)
171,139 (Alameda District Specific Plan)
(ii)
174,663 (Avenue 57 Transit Oriented District)
(iii)
182,576 (Bunker Hill Specific Plan)
(iv)
156,122 (Century City North Specific Plan)
(v)
186,370 (Century City West Specific Plan)
(vi)
168,862 (Century City South Specific Plan)
(vii)
170,046 (Coastal Bluffs Specific Plan)
(viii)
186,105 (Coastal Transportation Corridor Specific Plan)
(ix)
185,042 (Coliseum District Specific Plan)
(x)
178,098 (Colorado Boulevard Specific Plan)
(xi)
182,617 (Cornfield Arroyo Seco Specific Plan)
(xii)
184,795 (Crenshaw Corridor Specific Plan)
(xiii)
168,937 (Devonshire/Topanga Corridor Specific Plan)
(xiv)
186,402 (Exposition Corridor Transit Neighborhood Plan)
(xv)
170,694 (Foothill Boulevard Corridor Specific Plan)
(xvi)
171,946 (Glencoe/Maxella Specific Plan)
(xvii)
184,296 (Granada Hills Specific Plan)
(xviii)
168,121 (Hollywoodland Specific Plan)
(xix)
184,346 (Jordan Downs Urban Village Specific Plan)
(xx)
167,940 (Los Angeles Airport/El Segundo Dunes Specific Plan)
(xxi)
181,334 (Los Angeles Sports and Entertainment District Specific Plan)
(xxii)
168,707 (Mt. Washington/Glassell Park Specific Plan)
(xxiii)
167,943 (Mulholland Scenic Parkway Specific Plan)
(xxiv)
171,128 and 158,194 (North University Park Specific Plan)
(xxv)
163,202 (North Westwood Village Specific Plan)
(xxvi)
170,155 (Oxford Triangle Specific Plan)
(xxvii)
184,371 (Pacific Palisades Commercial Village and Neighborhood Specific Plan)
(xxviii)
162,530 (Park Mile Specific Plan)
(xxix)
165,638 (Playa Vista Area B Specific Plan)
(xxx)
165,639 (Playa Vista Area C Specific Plan)
(xxxi)
176,235 (Playa Vista Area D Specific Plan)
(xxxii)
182,937 and 182,939 (Ponte Vista at San Pedro Specific Plan)
(xxxiii)
180,083 (Porter Ranch Land Use / Transportation Specific Plan)
(xxxiv)
186,325 (Redevelopment Plans)
(xxxv)
175,736 (San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan)
(xxxvi)
166,352 (San Pedro Specific Plan)
(xxxvii)
173,381 (San Vicente Scenic Corridor Specific Plan)
(xxxviii)
182,343 (University of Southern California University Park Campus Specific Plan)
(xxxix)
168,613 (Valley Village Specific Plan)
(xl)
175,693 (Venice Coastal Zone Specific Plan)
(xli)
174,052 (Ventura-Cahuenga Boulevard Corridor Specific Plan)
(xlii)
173,749 (Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan)
(xliii)
182,766 (Warner Center 2035 Plan)
(xliv)
163,203 and 163,186 (Westwood Community Multi-Family Specific Plan)
(xlv)
187,644 (Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan)
(xlvi)
155,044 (Wilshire - Westwood Scenic Corridor Specific Plan)
(xlvii)
185,539 (San Pedro CPIO District)
(xlviii)
185,927 (South Los Angeles CPIO District)
(xlix)
185,925 (Southeast Los Angeles CPIO District)
(l)
184,268 (Sylmar CPIO District)
(li)
184,794 (West Adams-Baldwin Hills-Leimert CPIO District)
(lii)
187,155 (Westchester - Playa del Rey CPIO District
(liii)
180,871 (Broadway Theater and Entertainment District Design Guide)
(liv)
174,519 (Canoga Park-Commercial Corridor CDO District)
(lv)
108,561 (Cypress Park & Glassell Park CDO)
(lvi)
173,508 (Downtown Canoga Park CDO District)
(lvii)
179,907 (Downtown Westchester CDO District)
(lviii)
180,880 (Echo Park CDO District)
(lix)
178,157 (Fletcher Square CDO District)
(lx)
179,906 (Lincoln Boulevard CDO District)
(lxi)
176,658 (Lincoln Heights CDO District)
(lxii)
183,011 (Little Tokyo CDO District)
(lxiii)
180,797 (Loyola Village CDO District)
(lxiv)
176,331 (Miracle Mile CDO District)
(lxv)
175,545 (Pacoima CDO District)
(lxvi)
175,549 (Panorama City CDO)
(lxvii)
176,557 (Reseda Central Business District CDO District)
(lxviii)
174,398 (Sun Valley CDO District)
(lxix)
184,366 (Toluca Lake Village CDO)
(lxx)
174,420 (Van Nuys Central Business District CDO District)
(lxxi)
174,161 (West Wilshire Boulevard CDO District)
(lxxii)
173,676 (Atwater Village POD)
(lxxiii)
171,859 (Westwood/Pico NOD)
(lxxiv)
174,260 (Westwood Boulevard POD)
(2) Any subdivision request for the lot or lots included in a project site shall not be streamlined, and shall be subject to all applicable review procedures and laws, including, Division 13B.7 (Division of Land) of Chapter 1A of this Code. Other types of entitlements for the project may be reviewed pursuant to this subdivision as specified.
(3) A non-residential use that is not permitted by-right by the zoning, a non-residential use requiring a conditional use permit, a Recreational Vehicle Park, and any transient-occupancy use where unit occupancy is allowed for a period of 30 consecutive days or less, is not eligible for Administrative Review pursuant to this subdivision and shall be subject to applicable review procedures and laws.
B. (None)
C. AREA.
1. Building Lines – Where a Building Line or Setback Line has been established by ordinance, the space between such Building or Setback Line and the front or side lot line may be used as the front or side yard, as the case may be, in lieu of the front or side yard required by this article.
2. Side Yard Waived for First Story Garage – Where a residential building is more than two stories or 28 feet in height and the first story is designed and used solely for automobile parking or other accessory purpose, the required side yard need not be increased in width for said first story; provided that the floor surface above such story is not more than seven feet above the adjacent ground elevation at any point, except that the floor surface may be eight feet above the adjacent ground elevation at the exits and entrances to the automobile parking area. (Added by Ord. No. 109,714, Eff. 8/26/57.)
3. Incentives to Produce Housing in the Greater Downtown Housing Incentive Area. (Amended by Ord. No. 179,076, Eff. 9/23/07.) Notwithstanding any other provision of this chapter to the contrary, for lots in the R4, RAS4, R5, CR, C2, C4, and C5 zones in the Greater Downtown Housing Incentive Area, the following shall apply:
(a) No yard requirements shall apply except as required by the Downtown Design Guide as approved by the City Planning Commission. The Director of Planning or the Director's designee shall stamp and sign the plans showing the required yards. The applicant shall submit the stamped and signed plans to the Department of Building and Safety along with the plans submitted for a building permit. (Amended by Ord. No. 186,325, Eff. 11/11/19.)
(b) For the purpose of calculating the buildable area for residential (including Apartment Hotel or mixed-use) buildings, the buildable area shall be the same as the lot area.
(c) The maximum number of dwelling units or guest rooms permitted shall not be limited by the lot area provisions of this chapter so long as the total floor area utilized by guest rooms does not exceed the total floor area utilized by dwelling units.
(d) Notwithstanding the provisions of Section 12.21 G.2. of this Code to the contrary, there shall be no prescribed percentage of the required open space that must be provided as either common open space or private open space.
4. (Repealed by Ord. No. 181,076, Eff. 3/28/10.)
5. (Repealed by Ord. No. 181,076, Eff. 3/28/10.)
6. Front Yard – Sloping Lot – Where the elevation of the ground at a point fifty (50) feet from the front lot line of a lot and midway between the side lot lines differs ten (10) feet or more from the curb level, the front yard need not exceed fifty (50) percent of that required in the zone.
7. (None)
8. Front Yard – Unit Development – Where all the lots in a frontage in an “R” Zone are developed as a unit with one-family dwellings, the required front yard may be reduced by not more than five feet on part of the lots, provided the average of the front yard depth for the entire frontage is not less than the minimum front yard required in the zone in which the property is located.
9. Side Yards Reduced – Where all the lots in a frontage are developed as a unit with residential buildings, the required side yard may be reduced on one side of each lot, provided that:
(a) The total combined width of the side yards on each lot is not less than the sum of the widths of the side yards required in the zone in which the property is located; and
(b) The buildings are so located that the narrow side yard on one lot adjoins the wide side yard on the adjoining lot; and
(c) No side yard is less than three feet in width for buildings two stories or less in height, nor less than three feet in width, plus the increased width for additional stories above two stories where required by the area regulations of the zone in which the property is located. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
Where lots comprising 50% or more of a frontage are developed with buildings having varying side yards conforming to the above regulations, or where all the lots in a frontage have deed restrictions requiring such varying side yards, all the lots in such frontage may be developed in the same manner.
10. Rear Yard – Includes One-Half Alley. Except in the RS, R1, RU, RZ, RMP, and R2 Zones, in computing the depth of a rear yard where the rear yard opens onto an alley or in the RW Zone onto a court of not more than 30 feet in width, one-half the width of the alley or court may be assumed to be a portion of the required rear yard. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
11. Rear Yard – Includes Loading Space – Loading space provided in accordance with this article may occupy a required rear yard or portion thereof but in no case shall any portion of a street or alley be counted as part of the required loading space.
12. Accessory Buildings in Yards. Accessory buildings may be located in a required yard in conformance with the provisions of Section 12.21 C.5. (Amended by Ord. No. 125,278, Eff. 9/16/63.)
13. Lots Affected by Acquisitions for Public Use. (Amended by Ord. No. 144,536, Eff. 5/3/73.) Where a building or structure is located upon a lot portion of which is acquired for any public use, (by condemnation, purchase, dedication, or otherwise) by any governmental entity, or if all or a part of a separate off-street automobile parking area serving such building or structure is acquired for public use, such building or structure may be maintained, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the area regulations or off-street automobile parking requirements of this article. Further, if such building or structure is partially located upon the area being acquired for public use, it may be relocated upon the same lot or premises or remodeled or reconstructed without observing the required yard space adjacent to the new lot line created by such acquisition, and without reducing the number of dwelling units to conform to the area regulations of the zone in which it is located and without observing the off-street automobile parking requirements of this article. The exemptions provided in this paragraph permit compliance only to the extent that such non-compliance is caused by an acquisition for public use.
If only a portion of an existing building or structure is acquired for public use, the repair, remodeling or reconstruction of the remainder of said building or structure which was made necessary by said acquisition, shall conform to the provisions of the building code. Any portion of the building or structure which is not required to be repaired, remodeled or reconstructed by reason of said acquisition shall not be required to be made to conform to the provisions of the building code, unless it would otherwise be required to conform thereto independently of and in the absence of said acquisition of only a portion of the building or structure.
If a lot resulting from the acquisition of all or a portion of a parcel for public use does not comply with the area requirements of the zone in which it is located, or if a legally existing nonconforming lot is further reduced in size because of such acquisition, said lot may be utilized and a building permit shall be issued for any purpose permitted in the zone, so long as the lot is not smaller in size or width than one-half (1/2) of the minimum area or width required for the zone. (Amended by Ord. No. 150,362, Eff. 1/13/78.)
14. (None)
15. (None)
16. Lot Area – Includes One-Half Alley. In computing the number of dwelling units allowed by the minimum lot area per dwelling unit requirements of this article on a lot abutting upon one or more alleys, one-half the width of such alley or alleys may be assumed to be a portion of the lot. (Added by Ord. No. 121,925, Eff. 6/4/62.)
17. Lot Area Acreage – Includes One-Half Street. In computing the lot area of a lot in the A1 and A2 Zones, that portion of the width of all abutting streets or highways, which would normally revert to the lot if the street were vacated, may be assumed to be a portion of the lot. (Amended By Ord. No. 133,218, Eff. 11/19/66.)
18. Lot Area in Hillside Subdivisions – On land located within an RA or RE Zone and also within the “H” Hillside or mountainous area, there may be lots having less than the minimum lot area specified within said zones and there may be a single-family dwelling on each lot if the lot is shown with a separate letter or lot number on a recorded Subdivision Tract Map or Parcel Map. (Amended By Ord. No. 139,736, Eff. 1/31/70.)
19. Through Lot – May Be Two Building Site – Where a through lot has a depth of 150 feet or more, each half of the lot may be improved as though it is a separate lot, with the rear line of each approximately equidistant from the front lot lines. The location of all buildings and the number of dwelling units therein shall comply with the requirements of the zone in which the through lot is located, except that in any case there may be at least one single-family dwelling on each half. (Amended By Ord. No 116,389, Eff. 6/29/60.)
The provisions of this subdivision shall not apply to lots in the RE Zone, or to lots in any zone that are also within the “H” Hillside or Mountainous Area. (Amended by Ord. No. 127,777, Eff. 8/1/64.)
20. Projections Into Yards.
(a) A canopy above an entrance and extending over a driveway which leads to a detached garage or a parking space not abutting a dwelling, for the temporary shelter of automobiles, commonly referred to as a porte cochere, may project into a required side yard, but not nearer than 30 in to any lot line, provided such structure is not more than one story in height and 20 feet in length, and is entirely open on at least three sides except for the necessary supporting columns and customary architectural features. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(b) Cornices, belt courses, sills, or other similar architectural features (not including bay windows or vertical projections), may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than two inches for each one foot of width of such yard, and may project into a required front yard, rear yard, side yard adjoining the street lot line of a corner lot, passageway, or other open space not more than 30 inches, except as provided in Section 12.08.5 C.1.(c), provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than three feet. Eaves may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than four inches for each one foot of width of such side yard, provided the width of such side yard is not reduced to less than two and one-half feet. Eaves may also project into a required front yard, rear yard, side yard adjoining the street lot line of a corner lot, passageway, or other open space not more than 30 inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one-half feet. Chimneys may project into a required passageway not more than one foot and may project into a required front yard, rear yard, side yard, or other required open space, except as provided in Section 12.08.5 C.1.(c), not more than two feet, provided the width of any required side yard is not reduced to less than three feet. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(c) Fire escapes may extend or project into any front, side or rear yard not more than four (4) feet.
(d) (Amended by Ord. No. 138,685, Eff. 7/10/69.) Except in an RW Zone, where a required passage may not be reduced in any manner, open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet, and such balconies may extend into a required front yard, passageway, other open space, or the side yard adjoining the street lot line of a corner lot, not more than 30 inches, provided the width of a side yard adjoining the street lot line or a corner lot is not reduced to less than 30 inches.
(e) Open, unenclosed porches, platforms, or landing places (including access stairways thereto) not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into the required front yard, side yard, rear yard, passageway, or other open space, not more than six feet, provided that in no event shall any such porch, platform or landing space be more than six feet above the natural ground level adjacent thereto. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(f) Fences and Walls in the A and R Zones. (Amended by Ord. No. 154,798, Eff. 2/20/81.)
(1) Fences and Walls. For the purposes of Article 2 through 6 of this chapter, the terms “fence” and “wall” shall include latticework, ornamental fences, screen walls, hedges or thick growths of shrubs or trees. Fence and wall height shall be measured from the natural ground level adjacent thereto.
(2) Front Yards. (Amended by Ord. No. 173,754, Eff. 3/5/01.) In the R Zones, fences, walls, and landscape architectural features of guard railing around depressed ramps, not more than three and one-half feet in height above the natural ground level adjacent to the feature, railing or ramp, may be located and maintained in any required front yard. In the A Zones (including the RA Zone), a fence or wall not more than six feet in height may be located and maintained in the required front yard. In both the A and R Zones, a fence or wall not more than eight feet in height may be located and maintained in the required front yard when authorized by a Zoning Administrator pursuant to Section 12.24 X.7.
In both the A and R zones, an unobstructed chainlink fence not more than ten feet in height may be located and maintained in all yards when required by the Department of Building and Safety pursuant to the provisions of Sections 91.3303 and 91.6103 and Division 89 of Article 1 of Chapter IX of this Code.
(3) Side Yards, Rear Yards and Other Spaces. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A fence or wall not more than eight feet in height may be located and maintained within the required side yard, rear yard or other open space of any lot in an RW Zone and within the required side yard, rear yard or other open space of a lot within any other A or R zone which is 40 feet or more in width, provided the lot is not located within the boundary of a “Hillside Area”, as defined in Section 91.7003 of this Code.
A fence or wall not more than six feet in height may be located and maintained within the required side yard, rear yard or other open space of any lot in an A or R Zone, other than an RW Zone, which is less than 40 feet in width or which is located within the boundary of a “Hillside Area”, as defined in Section 91.7003 of this Code, except that in either case a fence or wall not more than eight feet in height may be located in the yards or other open space when authorized by a Zoning Administrator pursuant to Section 12.21 A.2.
In the A Zones (including the RA Zone), a fence or wall not more than eight feet in height may be located on the side street lot line of any reversed corner lot; provided, however, that if the lot is located within the boundary of a “Hillside Area”, as defined in Section 91.7003, the fence or wall shall not exceed six feet in height.
In the R Zones, other than the RW Zones, a fence or wall located within five feet of the side street lot line of a reversed corner lot may not exceed three and one- half feet in height. In the RW Zones, a fence or wall located within three feet of the side street lot line of either a corner lot or a reversed corner lot may not exceed three and one-half feet in height.
(4) Access Ways. Access ways shall be maintained in accordance with the provisions of Section 12.22 C.20.(1).
(5) Maintenance of Fences and Walls. Fences shall be maintained in accordance with the provisions of Section 12.21 A.9.
(6) Masonry and Concrete Walls. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A masonry or concrete fence or wall over three and one-half feet in height shall be built in accordance with the provisions of Section 91.106.1 of this Code.
(7) Fences and Walls Enclosing Parking Areas. Fences and walls enclosing parking areas shall be provided in accordance with the provisions of Section 12.21 A.6.
(8) Fences and Walls Around Pools. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A fence or wall not exceeding four and one-half feet in height, as required by Section 91.6109 of this Code, may be erected and maintained to enclose a swimming pool, fish pond or other body of water existing in a required yard prior to June 1, 1956.
(9) Fences and Walls Around Schools. An open mesh type fence to enclose an elementary or high school site may be located and maintained in any required yard.
(10) Fences and Walls Around Tennis Courts. The provisions of Section 12.20 C.20.(m) shall control with respect to tennis court fences.
(11) Fences and Walls at Street Intersections. Fences and Walls at street intersections shall comply with the provisions of 62.200 of this Code.
(g) (None)
(h) A one-story covered passageway, commonly referred to as a breezeway, not over five feet in width, extending from a main residential building to a private garage or other accessory building may be erected and maintained in a required rear yard. Such passageway shall be located not less than five feet from all lot lines and shall be unenclosed, except that on a corner lot there may be a wall or fence not over six feet in height along the street side of such passageway.
(i) Landscape features such as trees, shrubs, flowers or plants, shall be permitted in any required front, side, or rear yard, passageway or other open space, provided that they do not produce a hedge effect contrary to the provisions of Paragraphs (f) and (g) above. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(j) Name plates, signs, and advertising matter, as permitted by this article, may be located in any required front yard, side yard, rear yard, passageway or other open space; provided that the total area of all identification signs in any required yard, shall not exceed 12 square feet, and any sign appertaining to the sale of farm products raised or produced on the premises shall be located at least ten feet from any side lot line. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(k) Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a Group R or Group H Occupancy, provided that: such awnings or canopies do not extend more than four feet into a required front yard or building line space at the front of a lot, and have no vertical support within said yard or space; such awnings or canopies do not extend more than 30 inches into a required side yard, rear yard, building line space at the side of a lot, passageway or other open space, but in no event nearer than 30 inches to an interior lot line; and where such awnings or canopies project into a required front or side yard, passageway or other open space, they may extend only over the windows or doors to be protected and for 12 inches on each side thereof. (Amended by Ord. No. 121,925, Eff. 6/4/62.)
(l) Notwithstanding the provisions of this subdivision, no architectural feature, fire escape, porch, balcony, or other projection permitted in a yard, passageway or other open space, shall be located and maintained so as to preclude complete access about and on each side of and in close proximity to main buildings and accessory living quarters at all times. Where a fence or wall is provided or maintained, a gate or other suitable opening at least two and one-half feet in width shall be deemed adequate for access through said fence or wall; provided further that where such fence or wall is located adjacent to an alley and is over six feet in height, adequate access shall be provided through such wall or fence onto the adjacent alley. At least five feet of clear and open space shall be maintained between any two main buildings, including the projections, on any one lot. (Amended by Ord. No. 154,798, Eff. 2/20/81.)
(m) (Added by Ord. No. 151,466, Eff. 10/27/78.) Tennis or paddle tennis courts, including fences and light which are accessory to a primary residential use on the same lot in the A or R Zones may extend into a portion of the required rear yard of such lot if such court and its appurtenances meet all of the following conditions:
(i) The court surface is not more than 2 feet above the natural adjacent grade at any point.
(ii) The court is enclosed with a fence no higher than 10 feet above the court surface and all portions of such fence above a height of six feet are an open chain link type fence.
(iii) Any light standards and fixtures are no higher than 20 feet above the court surface.
(iv) The court is located a distance from the rear lot line at least equal to the width of the side yard required for a one- story main building in the zone but in no event less than 5 feet.
21. Lot Widths and Yard Requirements for RE15–H Zones. Lot widths and yard area requirements for the R1 Zone shall apply to lots in the RE15–H Zone if said lots are shown as numbered lots on a tentative subdivision tract map or parcel map approved by the Advisory Agency or the Director of Planning for the City of Los Angeles prior to January 1, 1967 and recorded in the Office of the Los Angeles County Recorder prior to July 1, 1967. (Added by Ord. No. 134,673, Eff. 7/31/67.)
22. Width and Area Flag Lots in Mountainous Areas. Where a flag lot is situated in the “H” Hillside or the Very High Fire Hazard Severity Zone pursuant to Section 57.4908 of the Municipal Code, the lot width may be calculated by measuring the width of the main buildable portion of said flag lot on a straight line parallel to the general direction of the frontage street and midway between the rear and front lines of the main buildable portion of the flag lot provided, however, that the main buildable portion contains the lot width and not less than 90% of the lot area required for lots in the zone classification in which the flag lot is situated, said lot area to be calculated exclusive of the area contained within the access strip portion of the flag lot. (Amended by Ord. No. 176,943, Eff. 10/5/05.)
23. (Repealed by Ord. No. 164,145, Eff. 12/8/88.)
24. Zero Side Yard Lots – Remain Separate Lots. If several lots are developed with building crossing lot lines, as permitted by Section 12.08.3 B.1. of this Code, they shall remain separate lots, notwithstanding such construction across the lot lines. (Added by Ord. No. 159,532, Eff. 1/3/85.)
25. Zero Side and Rear Yard Development in Multiple Residential Zones. In the R2, RD, R3, RAS3, R4, RAS4, and R5 Zones, lots may be developed with either attached dwellings crossing lot lines or detached dwellings not crossing lot lines. These dwellings may contain one dwelling unit on a lot and may observe the lot width, yard, passageway and other requirements for development in the RZ Zone. Every lot so developed shall have a minimum lot area of 2,500 square feet. No lots may be developed in accordance with this subdivision unless the lots and uses are approved in connection with a preliminary parcel map, tentative tract map or modification approved subsequent to January 1, 1985. Development so approved shall meet the density requirement of the zone in which the lots are located. (Amended by Ord. No. 174,999, Eff. 1/15/03.)
26. Yards Required for Historically Significant Buildings. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, in connection with any change of use in an historically significant building, the yards required shall be the same as the yards observed by the existing structures on the site. An historically significant building is defined as a structure that is designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historical Resources, the City of Los Angeles List of Historic-Cultural Monuments, or a Contributing Structure in an Historic Preservation Overlay Zone (HPOZ) established pursuant to Div. 13B.8. (Historic Preservation) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
27. Small Lot Subdivision. (Amended by Ord. No. 185,462, Eff. 4/18/18.) The purpose of this provision is to create alternative fee-simple home ownership within the multi-family and commercial zones. A small lot subdivision shall be permitted in the RD, R3, R4, R5, RAS and the P and C zones pursuant to an approved tract or parcel map. A subdivision for the purposes of small lots enables the construction of new small lot homes and provides opportunities for the preservation of existing residential dwelling units located on a single lot to be rehabilitated as for-sale dwellings on individual small lots.
(a) Construction of New Small Lots. Notwithstanding any provisions of this Code relating to minimum lot area, in the RD, R3, R4, R5, RAS and the P and C zones, parcels of land may be subdivided into lots which may contain one, two or three dwelling units, provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for each zone, or, in the case of a P zone, the density of the subdivision shall comply with the minimum lot area per dwelling unit of the least restrictive abutting commercial or multi- family residential zone(s).
(1) A parcel map or tract map, pursuant to Section 17.00 et seq. of this Code, shall be required for the creation of a small lot subdivision. The parcel map or vesting tentative tract map must comply with the Advisory Agency Small Lot Map Standards; and
(2) For small lot subdivision projects, no demolition, grading, building permit or certificate of occupancy shall be issued unless the Director of Planning has reviewed the application, pursuant to Sec. 13B.3.1. (Administrative Review) of Chapter 1A of this Code, and determined that the small lot subdivision project complies with the City Planning Commission’s Small Lot Design Standards. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(i) The Director shall establish guidelines, requirements, and forms as may be necessary to conduct the review of the administrative clearance to determine conformance with the Small Lot Design Standards.
(ii) The application for this administrative clearance shall be filed concurrent with the tract or parcel map application and at any time a subsequent alteration or addition is proposed.
(iii) As a condition of approval, all small lot subdivisions shall be required to conform to the plans approved by the Director of Planning.
(3) The minimum lot width shall be 18 feet and the minimum lot area shall be 600 square feet. The Advisory Agency shall designate the location of front yards in the subdivision tract or parcel map approval.
(4) Access shall be provided to a lot containing a dwelling unit and to its required parking spaces, pursuant to Section 12.21 A.4.(a) by way of a public or private street, an alley, or an access easement.
(5) The lot area coverage by all structures shall not exceed 75% of an approved small lot, unless the tract or parcel map provides an open space easement equivalent to 25% of the lot area of each lot not meeting this provision.
(6) No front, side, or rear yard shall be required between interior lot lines created within an approved small lot subdivision.
(7) The provisions of the front yard of the underlying zone shall apply to the Front Lot Line of the perimeter of the subdivision.
(8) The following shall apply to the perimeter of the subdivision:
(i) For any subdivision that shares a property line with an R1 or more restrictive single family zone, the provisions of the front yard, side yard and rear yard of the underlying zone shall apply. A minimum five-foot side yard shall be required.
(ii) For any subdivision that does not share a property line with an R1 or more restrictive single family zone, the following shall apply:
a. A minimum five-foot yard shall be required along the Side Lot Line of the perimeter of the subdivision; and
b. A minimum ten-foot yard shall be required along the Rear Lot Line of the perimeter of the subdivision, except that where the Rear Lot Line abuts an alley a minimum five-foot rear yard shall be required along the perimeter of the subdivision.
(9) No passageway pursuant to Section 12.21 C.2. of this Code shall be required.
(10) In a P zone, lots may be developed as a small lot subdivision, provided that the General Plan land use designation of the lot is “commercial” or “multiple family residential”.
(11) A dwelling unit in a small lot subdivision shall not be required to comply with Paragraphs (a), (b), and (f) of Section 12.21 A.17. of this Code.
(12) Fences and walls within the yard setback areas adjacent to a public right-of- way, except alleys, and along the perimeter of the proposed subdivision shall be no more than three and one-half feet in height in accordance with Section 12.22 C.20. of this Code. Fences and walls within the yard setback areas along the perimeter, not adjacent to the public right-of-way, of the proposed subdivision shall be no more than six feet in height in accordance with Section 12.22 C.20. of this Code.
(13) Lots created within a small lot subdivision are exempt from the “frontage” requirement as defined in the definition of “Lot” pursuant to Section 12.03.
(b) Small Lot Subdivisions of Existing Dwelling Units. The purpose of this Subsection is to further facilitate fee-simple home ownership opportunities through the preservation of existing housing within the City.
Existing Group Dwellings, Bungalow Courts, and detached single, duplex, and triplex dwelling structures maintained under a single ownership with an original building permit issued more than 45 years prior to the date of submittal of the application for subdivision, or where information submitted with the subdivision application indicates that the building(s) is/are more than 45 years old based on the date the application is submitted may be subdivided into small lots and shall comply with Subparagraphs (1), (2) (4), and (9) through (13) of Paragraph (a) of this Subdivision. All existing structures shall be legally constructed with an issued building permit or Certificate of Occupancy.
(1) Notwithstanding any provisions of this Code relating to minimum lot area to the contrary, in the RD, R3, R4, R5, RAS and the P and C zones, parcels of land may be subdivided into lots which may contain one, two or three dwelling units, provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for each zone, or in the case of a P zone, the density of the subdivision shall comply with the minimum lot area per dwelling unit of the least restrictive abutting commercial or multi- family residential zone(s). Bungalow courts and existing structures that are nonconforming as to use, density, yards, or parking may be subdivided provided that the subdivision does not further increase the density nor reduce the yards, and that existing required parking be maintained, respectively.
(2) A nonconforming building, structure, or improvements may be maintained or repaired or structurally altered provided it conforms to Section 12.23 A. of this Code. However, alterations to existing structures shall also be in conformance with the “Bungalow Court and Existing Structure” Small Lot Design Standards adopted by the City Planning Commission.
(3) All existing dwellings shall provide parking as required on each dwelling’s most recently issued permit. No additional parking is required.
(4) All new dwellings added to the small lot subdivisions of existing dwelling units shall be subject to subparagraphs (1) through (13) of Paragraph (a) of this Subdivision, including current setback requirements, parking, and applicable Small Lot Design Standards.
(c) Exceptions. The provisions of this section do not apply to any of the following projects, which shall comply with the regulations in effect prior to the effective date of this ordinance, as applicable:
(1) Any small lot subdivision entitlement application filed and accepted and deemed complete prior to the effective date of this ordinance as determined by the Department of City Planning.
(2) Any project for which the City has approved a small lot subdivision discretionary land use entitlement as of the effective date of this ordinance, but that has not yet submitted plans and appropriate fees to the Department of Building and Safety for plan check, as determined by the Department of City Planning.
28. Minimum Density in the RD2, RD1.5, R3, RAS3, R4, RAS4, R5, C1, C1.5, C2, C4, C5 and CM Zones. (Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25.) In the RD2, RD1.5, R3, RAS3, R4, RAS4, R5, C1, C1.5, C2, C4, C5 and CM Zones, the minimum density requirements of these zones shall not apply to the following types of development projects or lots, unless located on a site that is designated as a Lower Income Rezoning Housing Element Site:
(a) An addition, remodel or rehabilitation that results in 1,500 square feet or less of net new Floor Area and that results in no demolition of an existing Dwelling Unit(s);
(b) A project where the only new Dwelling Unit(s) added to the parcel is an Accessory Dwelling Unit(s);
(c) A project to reconstruct an Existing Dwelling Unit that has been damaged by a disaster or is deemed unsafe by LADBS and that results in no increase to the amount of Floor Area in the prior building or buildings;
(d) A development located on any of the environmentally sensitive sites specified in subparagraphs (B) to (K) of California Government Code Section 65913.4(a)(6), including a Very High Fire Hazard Severity Zone, regardless of any mitigation;
(e) Lots where at least 60% of the Lot is composed of a Slope(s) that is 30% or greater, as determined by a Slope Analysis Map prepared in accordance with LAMC Section 12.21 C.10.(b)(1).
(f) A lot that is designated as parks or open space in any plan or zoning designation;
(g) A lot that contains a Designated Historic Resource; or
(h) A lot that cannot achieve the minimum density requirement due to any objective provision in the Los Angeles Municipal Code that physically precludes the construction of a development, as determined by the Los Angeles Department of Building and Safety, or due to any provision of a Specific Plan, Q, T, or D Condition, or a Community Plan Implementation Overlay.