A. Except as provided in subsection C of this section, the owners of all nonresidential buildings which are altered or reconstructed during the process of complying with the seismic safety requirements set forth in this chapter shall be entitled to a waiver of the following requirements and fees provided that there is no change in the use of such building that would require provision of additional parking pursuant to this code:
1. Development plan review requirements of title 10, chapter 3, article 31 of this code;
2. Park and recreational facilities tax requirements pursuant to title 3, chapter 1, article 7 of this code;
3. Street and alley dedication and improvement requirements pursuant to title 10, chapter 6 of this code; and
4. Fine arts ornamentation requirements pursuant to title 3, chapter 1, article 8 of this code.
B. Notwithstanding any other provision of this code, and as an incentive to maintain the existing scale of buildings within the city, the following provisions shall apply to those buildings that are remodeled or reconstructed at the same time that seismic safety measures are constructed pursuant to this chapter:
1. If the remodeled or reconstructed building is located within the minimum existing setback and the maximum existing height of the existing building, and the remodeled or reconstructed building does not have a greater floor area than the existing building, then the owner shall receive an exemption from any provision contained in title 10, chapter 3 of this code that would require the provision of additional parking or compliance with zoning requirements that were not applicable to the existing building because the zoning requirements were adopted after construction of the existing building provided, however, that the owner shall not be exempt from the architectural review requirements and procedures of title 10, chapter 3, article 30 of this code.
2. If the remodeled or reconstructed building includes an addition to the existing building that does not exceed seven hundred (700) square feet in area or thirty five feet (35') in height, and the remodeled or reconstructed building does not otherwise exceed the minimum existing setback and maximum existing height of the existing building and does not otherwise have a greater floor area than the existing building, then the owner shall be exempted from any provision of this code that would require additional parking. However, in order to receive such exemption, the owner must pay a fee for the cost of construction of additional off street parking spaces at a rate to be calculated pursuant to subsection F of this section.
3. If the remodeled or reconstructed building includes an addition to the existing building that exceeds seven hundred (700) square feet in area, but the total floor area ratio of the remodeled or reconstructed building does not exceed 1.33, and the height of the addition does not exceed thirty five feet (35'), then the owner shall be exempted from any provision of this code that would require provision of additional parking. However, in order to receive such exemption, the owner must pay a fee for the cost of construction for additional parking spaces to be calculated pursuant to subsection F of this section.
C. The provisions of subsections A and B of this section shall not be applicable to owners of nonresidential buildings if remodeling or renovation that accompanies seismic safety measures includes an addition to the building that exceeds seven hundred (700) square feet in area and the total floor area ratio of the remodeled or reconstructed building exceeds 1.33 or the height of the addition exceeds thirty five feet (35').
D. The provisions of subsections A and B of this section shall not be applicable to a building unless, before remodeling, reconstruction, or demolition, the owner of the building to be remodeled or reconstructed provides photographs and documentation showing the minimum existing setback and maximum existing height of the building. Additionally, if an owner elects to demolish the building pursuant to subsection 9-5-202A1c of this article, the owner must commence reconstruction within one year after demolition or the provisions of subsections A and B of this section shall not be applicable to the reconstruction of the building. Finally, the provisions of subsections A and B of this section shall not apply unless reconstruction is completed within two (2) years after demolition. In particular cases of special circumstances, the director of building and safety may grant an extension of these time limits.
E. Notwithstanding section 10-3-2732 of this code, if remodeling or reconstruction of a building altered pursuant to subsection B of this section results in the permanent removal of any existing on site parking spaces, the owner may pay an in-lieu fee for the cost of constructing an equivalent number parking spaces at a rate to be calculated pursuant to subsection F of this section.
F. For the purposes of this article, the construction cost for any additional or replacement parking spaces shall be established at five thousand two hundred fifty dollars ($5,250.00) per space for buildings remodeled or reconstructed pursuant to subsection B1 or B2 of this section. For buildings remodeled or reconstructed pursuant to subsection B3 of this section, the construction cost for additional or replacement parking spaces shall be established at nine thousand nine hundred dollars ($9,900.00) per space. Payment of said fees shall be made prior to the issuance of the building permit for structural alterations approved by the director of building and safety as provided in section 9-5-202 of this article. The foregoing construction cost shall be revised annually by the director of building and safety on July 1 of each year to reflect any change in the cost of construction from the previous year based on the engineering news record construction cost index for the Los Angeles area.
G. Building owners whose unreinforced masonry bearing wall buildings, as defined by section 9-5-102 of this chapter, were in existence on or after January 1, 1990, and who structurally upgraded their buildings in accordance with either: 1) division 88 of article 1 of chapter 9 of the Los Angeles City Municipal Code, or 2) the 1973, or later, edition of the Uniform Building Code, shall be eligible for the incentive plan for nonresidential buildings as set forth in this section, provided that alterations or reconstructions are conducted within the schedule set forth in table 9-5-3, section 9-5-301 of this chapter, and provided that all requirements of this section that can be applied to previously completed alterations or reconstructions have been met to the satisfaction of the director of building and safety. (Ord. 92-O-2153, eff. 10-23-1992)