ARTICLE 1 GENERAL PROVISIONS

The City Council originally established the City Planning Department by ordinance, adopted on April 9, 1920. The Department included a Commission of 51 members, serving without salary, and one paid secretary. At that time, the City had an area of 364 square miles and a population of 576,000. In 1925, when the citizens adopted the original City Charter, the City Planning Commission, together with all other Commissions of City Government, was changed to five members. The new City Charter adopted in June of 1999, operative in July 2000, expanded the City Planning Commission to nine members. The new City Charter also created seven area planning commissions each covering different areas of the City.

Over the years, the Department has grown to a total of over 260 staff members. During this same period, the City has grown to an area of 467 square miles with a population of about 3.9 million people.

FUNCTIONS

The Department is charged with the responsibility of preparing, maintaining and implementing a General Plan for the development of the City. The General Plan consists of the Framework Element, which provides overall guidance for the future of the City, various other citywide elements including the state-mandated elements such as the Transportation, Open Space and the Land Use among others. The Land Use Element is largely made up of the community plans that fall for a range of allowable land uses and intensities of uses as well as other matters relating to the use of land unique to each of the City’s many communities. The Department periodically updates these plans as needed.

The Planning Department implements the General Plan utilizing a variety of tools, mainly through the application of zoning regulations and the division of land into separate parcels. Traditional zones, specific plans, overlay districts, special use permits, such as conditional uses, and a variety of other instruments all regulate the use of land. The zoning portion of the Municipal Code, specific plans and other regulatory tools establish development standards applicable to matters such as heights of structures, setbacks, lot coverage, open space, parking, design and the like. Those seeking relief from the strict application of these regulations, apply to the Department, which can grant that relief, when justified, through use of variances or other similar tools tailored for specific purposes. The Department of City Planning in conjunction with other City Agencies regulates the division of land into separate lots in accordance with the State Subdivision Map Act. The Department also reports on the acquisition or development of land for public use.

ORGANIZATION

The CITY PLANNING COMMISSION is composed of nine private citizens who serve without salary, except for a small attendance fee. The Planning Commission is responsible for giving advice and making recommendations to the Mayor, Council, Director of Planning, and other City departments and agencies with respect to zoning ordinances, amendments to the General Plan and related activities, including legislation. The Commission studies planning policy matter and makes reports and recommendations to other governmental officers or agencies as may be necessary to implement and secure compliance with the General Plan; and performs other functions prescribed by the Charter or ordinance. The Commission holds public hearings to hear evidence that forms the basis of its decisions.

The AREA PLANNING COMMISSIONS each consist of five private citizens who serve without salary, except for a small attendance fee. These commissions largely serve as appeals boards for actions taken by the Department or the Zoning Administrator on such matters as, conditional uses and variances. When authorized to do so by ordinance, the Area Planning Commissions also act as original decision makers on some zoning matters and advise the City Planning Commission and the Department on changes to the General Plan affecting their geographical areas. The Commission holds public hearings to hear evidence that forms the basis of its decisions.

The DIRECTOR OF PLANNING is the chief administrative officer of the Department and is responsible for the appointment and removal of all employees, annual departmental budget preparation and the expenditure of funds. The Director is responsible for preparing the General Plan of the City and amendments to the General Plan; all zoning and other land use regulations and requirements, including maps of all districts and zones; investigating and acting on the design and improvement of all subdivisions of land as the advisory agency under the State Subdivision Map Act; and having those additional powers and duties as provided by ordinance. The Director is assisted by three Deputy Directors who take responsibility for overseeing the various operations of the Planning Department. The professional staff is grouped functionally into the following divisions:

a. Three COMMUNITY PLANNING DIVISIONS; the Valley, West/Coastal and Metro community planning divisions; prepare and revise plans for various sections of the City and recommend changes in zoning, site plan review applications and other matters involving specific plans and other special zoning tools to the Area and City Planning Commissions and the City Council.

b. The DEPARTMENT SYSTEMS AND GEOGRAPHIC INFORMATION SYSTEM (GIS) DIVISION is responsible for the orderly development and coordination of automated equipment and systems applications. The division is responsible for developing and maintaining the City’s Zoning Map Automation System (ZMAS) and the Department’s case tracking system as well as providing systems and GIS support to the Department.

c. The CITYWIDE PLANNING DIVISION prepares and revises the citywide elements of the General Plan and is responsible for the Department’s Annual Report on growth and infrastructure.

d. The OFFICE OF ZONING ADMINISTRATION is responsible for investigating and making determinations on all applications for variances from zoning ordinances, many conditional uses and other special zoning permits. A determination made by a Zoning Administrator is final unless appealed. Another function of the Office of Zoning Administration is performed within the Code Studies Section which is responsible for conducting comprehensive studies resulting in amendments to the Planning and Zoning Code. The Office includes the Division of Land, which administers the State Subdivision Map Act including the processing of applications for tract and parcel maps as well as other related minor procedures. The Department’s environmental review function for private applications is also located in this division. The division also operates the public office located at 201 North Figueroa Street in downtown Los Angeles.

e. The ADMINISTRATIVE SERVICES DIVISION is responsible for the administrative management of the Department– handling its accounting, personnel, and supply needs; providing its general graphics, drafting and clerical services; assisting the Director of Planning in preparing the Department’s annual budget requests and providing management information services.

PROCEDURES

Requests for action by the Department of City Planning are made in the form of applications filed at the Department’s two public offices. At the time an application is filed and accepted, a fee must be paid by the applicant dependent on the type of action requested and in accordance with current fee schedules established by the City Council. Cases are usually set for hearing before a Zoning Administrator, hearing officer or one of the Planning Commissions. A recommendation to a Planning Commission or a decision is rendered and distributed.

APPEALS

In many instances, applicants or persons aggrieved by a decision may appeal that action. On matters acted upon by the City Planning Commission, an appeal may be made to the City Council. On matters acted upon by a Zoning Administrator or the Director of Planning, an appeal may be made to Area Planning Commissions or City Planning Commission as prescribed by law and, thereafter, in certain cases, to the City Council. Details on these and other appealable decisions can be obtained from a Department office. For an appeal, the appellant must file an appeal, together with the appropriate fee imposed by ordinance, at the Department’s public counters.

ARTICLE 1
GENERAL PROVISIONS

Section

11.00 Provisions Applicable to Code.

11.01 Definitions and Interpretation.

11.02 Inconsistent Permits and Licenses.

11.03 Post War Renewal of Licenses of Craftspersons and Others.

11.04 Delinquent Accounts– Uncollectible Cancellation.

11.05 Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which Are Referred to in the Los Angeles Municipal Code.

11.06 Violation of Municipal Ordinances– Citation in Lieu of Taking Arrested Person Before Magistrate.

11.07 Bad Check Collection Fees.

11.08 City Departments Exempt from Paying Fees or Charges Required by this Code.

11.09 Administrative Determinations– Notice– Judicial Review.

11.10 Exemptions Relating to the Los Angeles 200th Anniversary Celebration.

11.11 Use of the Metric System of Measure as an Alternative System of Measurement.

11.12 Summary of Fees for Bureau of Engineering Services Provided Pursuant to the Provisions of this Chapter.

11.13 Recommendation, Action or Approval by the Community Redevelopment Agency of the City of Los Angeles (CRA/LA), a Designated Local Authority Successor to the Community Redevelopment Agency of the City of Los Angeles (CRA/LA-DLA).

SEC. 11.00. PROVISIONS APPLICABLE TO CODE.

(Amended by Ord. No. 175,676, Eff. 1/11/04.)

(a) Short Title. Reference to Code in Prosecutions. Designation in Ordinances. This Code, which consists of criminal or regulatory ordinances of this City, shall be known as the “Official Los Angeles Municipal Code,” and it shall be sufficient to refer to the Code as the “Los Angeles Municipal Code” in any prosecution for the violation of any of its provisions; it shall also be sufficient to designate any ordinance adding to, amending or repealing this Code or a portion of this Code as an addition or amendment to or a repeal of the “Los Angeles Municipal Code.”

(b) Existing Law Continued. The provisions of this Code, to the extent they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations of the Code and not as new enactments.

(c) Construction. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objectives and to promote justice.

(d) Effect of Code on Past Actions and Obligations Previously Accrued. Neither the adoption of this Code nor the repeal of any ordinance of this City shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date of the ordinance, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under the ordinance, nor be construed as affecting any of the provisions of the ordinance relating to the collection of any license or penalty or the penal provisions applicable to any violation, nor to affect the validity of any bond or cash deposit in lieu of a bond, required to be posted, filed or deposited pursuant to any ordinance or its violation, and all rights and obligations associated with the ordinance shall continue in full force and effect.

(e) References to Specific Ordinances. The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances that are specially designated by a number or otherwise and which are included within this Code, but those references shall be construed to apply to the corresponding provisions contained within this Code.

(f) Heading, Effect of. Division, chapter, article and section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, chapter, article or section.

(g) Reference to Acts or Omissions Within This City. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Los Angeles and that territory outside of this City over which the City has jurisdiction or control by virtue of the Constitution, Charter or any law, or by reason of ownership or control of property.

(h) Proof of Notice. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

(i) Notices, Service of. Whenever a notice is required to be given under this Code, unless different provisions in this Code are otherwise specifically made applicable, the notice may be given either by personal delivery to the person to be notified or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the person’s last known business or residence address as it appears in the public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.

(j) Prohibited Acts; Include Causing, Permitting, Suffering. Whenever in this Code any act or omission is made unlawful it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.

(k) Validity of Code. If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Code. The Council of this City hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase or portion of the Code, irrespective of the fact that any one portion or more sections, subsections clauses, phrases or portions are declared invalid or unconstitutional.

(l) In addition to any other remedy or penalty provided by this Code, any violation of any provision of this Code is declared to be a public nuisance and may be abated by the City or by the City Attorney on behalf of the people of the State of California as a nuisance by means of a restraining order, injunction or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City or the City Attorney, on behalf of the people of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, the provisions of this Code or seek any other relief or remedy available at law or equity. (Amended by Ord. No. 177,103, Eff. 12/18/05.)

Violations of this Code are deemed continuing violations and each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500 for each and every offense.

As part of any civil action, the court may require posting of a performance bond to ensure compliance with this Code, applicable state codes, court order or judgment.

(m) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor unless that violation or failure is declared in this Code to be an infraction. An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provisions of this section. Any violation of this Code that is designated as a misdemeanor, may be charged by the City Attorney as either a misdemeanor or an infraction.

Every violation of this Code is punishable as a misdemeanor unless provision is otherwise made, and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment.

Every violation of this Code that is established as an infraction, or is charged as an infraction, is punishable by a fine as set forth in this Code section, or as otherwise provided in this Code, not to exceed $250.00 for each violation.

Violations of this Code may be addressed through the use of an Administrative Citation as set forth in Article 1.2 of Chapter 1 of this Code. The administrative fines prescribed by Chapter 1, Article 1.2 may be sought as an alternative to other legally available civil and criminal remedies. (Amended by Ord. No. 184,766, Eff. 3/27/17.)

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by that person, and shall be punishable accordingly.

(n) Pursuant to Government Code Section 38773, the City may summarily abate any nuisance at the expense of the persons creating, causing, committing, or maintaining it and the expense of the abatement of the nuisance may be a lien against the property on which it is maintained and a personal obligation against the property owner.

(o) Pursuant to Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to California Health and Safety Code Section 17980.

SEC. 11.01. DEFINITIONS AND INTERPRETATION.

(a) The following words and phrases whenever used in this Code shall be construed as defined in this section unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

“City” shall mean the area within the territorial city limits of the City of Los Angeles and such territory outside of this City over which the City has jurisdiction or control by virtue of any Constitutional or Charter provision, or any law, “Council” shall mean the City Council of this City. “Oath” includes affirmation.

“Find” or “Finding” shall mean a written finding. (Added by Ord. No. 182,095, Eff. 5/7/12.)

“Health Department” or “Department of Health,” after 6/30/64, shall mean the Los Angeles County Health Department. (Added by Ord. No. 127,508, Eff. 6/29/64.)

“Health Officer” or “Health Authority” or “Board of Health Commissioners,” after 6/30/64, shall mean the County Health Officer of the County of Los Angeles, or their duly authorized representative (Added by Ord. No. 127,508, Eff. 6/29/64.)

“Office”. The use of the title of any officer, employee, or any office or ordinance or Charter shall mean such officer, employee, office, ordinance or Charter of the City of Los Angeles unless otherwise specifically designated.

“Person” shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, servant, officer or employee of any of them.

“Planning Committee” shall mean the Planning and Land Use Management Committee of the City Council. (Added by Ord. No. 164,740, Eff. 5/27/89, Oper. 7/1/89.)

“Shall” and “May.” “Shall” is mandatory; “May” is permissive.

“Street” shall include all streets, highways, avenues lanes, alleys, courts places, squares, curbs or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

There is nothing in the context of the Los Angeles Municipal Code... which justifies holding that the word streets is used therein to designate a “roadway” exclusive of is sidewalks. Unless it is associated with language restricting its meaning, the term street in its ordinary acceptation, includes sidewalks.

People v. Noble. Cr.A 1498.

See also Note 11(a) 44 C.J. p 883; Bonnett v San Francisco, 65 Cal 230; Marini v. Graham, 67 Cal 130, 132; Ex parte Taylor, 87 Cal. 91, 94; Vanderhurst v. Tholcke, 113 Cal. 147, 150.

“Written” shall include printed, typewritten, mimeographed or multigraphed.

(b) Grammatical Interpretation.

“Genders.” Any gender includes the other genders.

“Singular and Plural.” The singular number includes the plural, and the plural, the singular.

“Tenses.” Words used in the present tense include the past and future tenses and vice versa.

“Use of Words and Phrases.” Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language.

(c) Civil Code Provisions. The provisions of Sections 13 and 1645 of the Civil Code of the State of California are hereby adopted in the interpretation of words and phrases, unless otherwise provided herein.

SEC. 11.02. INCONSISTENT PERMITS AND LICENSES.

(Amended by Ord. No. 134,358, Eff. 6/8/67.)

Notwithstanding any other provisions of this Code or any other ordinance of the City of Los Angeles, no permit or license shall be issued in violation of any provisions of this Code or any other ordinance of the City of Los Angeles; if any permit or license is issued in violation of any provision of this Code or any other ordinance of the City of Los Angeles the same shall be void. Any permit or license issued, which purports to authorize the doing of any act prohibited by any other provision of this Code or any other ordinance of the City of Los Angeles, shall be void. Provided, however, that upon publication of a zone change, height district or building line ordinance the Superintendent of Building may issue a permit for a building or structure which will comply with all of the requirements of the new zone, height district or building line. No such permit shall be issued unless the applicant has first executed and filed with the Superintendent of Building a notarized agreement assuming all risk and agreeing to remove all buildings or structures authorized by the permit in the event the zone change, height district or building line ordinance should become effective.

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