(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
Pursuant to Charter Section 555, the City’s comprehensive General Plan may be adopted, and amended from time to time, either as a whole, by complete subject elements, by geographic areas or by portions of elements or areas, provided that any area or portion of an area has significant social, economic or physical identity.
A. Amendments. Amendments to the General Plan of the City shall be initiated, prepared and acted upon in accordance with the procedures set forth in Charter Section 555 and this section.
B. Initiation of Plan Amendment. (Amended by Ord. No. 184,745, eff. 12/13/16.) As provided in Charter Section 555, an amendment to the General Plan may be initiated by the Council, the City Planning Commission or the Director of Planning. Initiations by the Council or City Planning Commission shall be by majority vote. If an amendment is initiated by the Council or City Planning Commission, then it shall be transmitted to the Director for report and recommendation to the City Planning Commission.
Whether initiated by the Director, the Council or the City Planning Commission, the Director shall prepare the amendment and a report recommending action by the City Planning Commission. The report shall contain an explanation of the reasons for the action recommended.
After the Director prepares a Plan amendment and report, the Director shall transmit the file to the City Planning Commission for its action. Nothing in this section shall restrict the adoption of a General Plan amendment which permits the development of a project if:
1. The project (a) is located in an area classified on January 1, 2016, as a Regional Center, a Downtown Center, in an area zoned as Industrial, or a Major Transit Stop including all land within a one-half mile radius of a Major Transit Stop; or (b) each residential unit in the project, exclusive of a manager's unit or units, is affordable to, and occupied by, either a Lower or Very Low Income household;
2. All building and construction work on the project will be performed at all tiers by contractors which (a) are licensed by the State of California and the City of Los Angeles; (b) shall make a good-faith effort to ensure that at least 30% of all their respective workforces' construction workers' hours of Project Work shall be performed by permanent residents of the City of Los Angeles of which at least 10% of all their respective workforces' construction workers' hours of Project Work shall be performed by Transitional Workers whose primary place of residence is within a 5-mile radius of the covered project; (c) employ only construction workers which possess all licenses and certifications required by the State of California and the City of Los Angeles; (d) pay their construction workers performing project work the wages prevailing in the project area determined pursuant to California Labor Code § 1770; and (e) have at least 60% of their respective construction workforces on the project from: (1) workers who have graduated from a Joint Labor Management apprenticeship training program approved by the State of California, or have at least as many hours of on-the-job experience in the applicable craft which would be required to graduate from such a state-approved apprenticeship training program, and (2) registered apprentices in an apprenticeship training program approved by the State of California or an out-of-state, federally-approved apprenticeship program; and
3. If the General Plan amendment results in increased allowable residential floor area, density or height, or allows a residential use where previously not allowed, projects with ten or more residential dwelling units shall also provide affordable housing consistent with the provisions of Section 5 of the Build Better LA Initiative.
For the purposes of this Section the following terms have the meaning shown:
"Transitional Worker" means an individual who, at the time of commencing work on the project, resides in an Economically Disadvantaged Area or Extremely Economically Disadvantaged Area and faces at least two of the following barriers to employment: (1) being homeless; (2) being a custodial single parent; (3) receiving public assistance; (4) lacking a GED or high school diploma; (5) having a criminal record or other involvement with the criminal justice system; (6) suffering from chronic unemployment; (7) emancipated from the foster care system; (8) being a veteran; or (9) being an apprentice with less than 15% of the apprenticeship hours required to graduate to journey level in a program.
"Economically Disadvantaged Area" means a zip code that includes a census tract or portion thereof in which the median annual household income is less than $40,000 per year, as measured and reported by the U.S. Census Bureau in the 2010 U.S. Census and as updated by the parties upon the U.S. Census Bureau issuing updated Median Annual Household Income data by census tract in the American Community Survey.
"Extremely Economically Disadvantaged Area" means a zip code that includes a census tract or portion thereof in which the median annual household income is less than $32,000 per year, as measured and reported by the U.S. Census Bureau in the 2010 U.S. Census and as updated by the parties upon the U.S. Census Bureau issuing updated Median Annual Household Income data by census tract in the American Community Survey.
The Department of Public Works, Bureau of Contract Administration shall bear administrative responsibilities for the labor standards required by this section.
C. Action by City Planning Commission on Proposed Amendments.
1. Notice and Hearing. Before the City Planning Commission acts on a proposed Plan amendment and the Director’s recommendation, the matter shall be set for a public hearing. The City Planning Commission may hold the hearing itself or may direct the Director to hold the hearing. In either event, notice of the time, place and purpose of the hearing shall be given by at least one publication in a newspaper of general circulation in the City (designated for this purpose by the City Clerk), at least ten days prior to the date of the hearing. Notice shall also be mailed to any person requesting notice of the hearing.
At the time of the hearing, the City Planning Commission or the Director shall hear public testimony from anyone wishing to be heard on the matter. The City Planning Commission or the Director may continue the hearing to another date announced publicly at the hearing being continued; no additional notice of the continued hearing need be given. If the hearing is conducted by the Director, he or she shall submit a report to the City Planning Commission summarizing the information received. The report may also contain a recommendation to the City Planning Commission regarding its action on the proposed amendment. The Director shall file his or her report with the City Planning Commission after the close of the hearing.
2. City Planning Commission Action. After receiving the Director’s report, or after the close of a public hearing conducted by the City Planning Commission, the City Planning Commission shall recommend to the Mayor and the Council that the proposed amendment be approved or disapproved in whole or in part. The City Planning Commission’s report to the Mayor and the Council shall set forth the Commission’s reasons for its recommendation.
The City Planning Commission shall act within 90 days after receiving the Director’s report pursuant to Subsection B. If the City Planning Commission fails to do so, the City Planning Commission’s failure to act shall be deemed a recommendation for approval of the Plan amendment.
If the City Planning Commission recommends approval of any proposed Plan amendment or disapproval of either a proposed amendment initiated by the Director or the Council, the Commission shall transmit as soon as possible those actions to the Mayor for consideration and report to the Council. If the City Planning Commission recommends the disapproval of a Plan Amendment initiated by it, the City Planning Commission shall report its decision to the Council and Mayor.
D. Action by the Mayor on Proposed Amendments. Within 30 days after receipt of the City Planning Commission’s recommendation, the Mayor shall make a recommendation to the Council on the proposed Plan amendment. The Mayor’s report to the Council shall set forth the Mayor’s reasons for his or her recommendation. If the Mayor does not act within the 30-day period, the Mayor’s inaction shall be deemed a recommendation for approval of the Plan amendment.
E. Action by the Council on Proposed Amendments. After receiving the recommendations of the City Planning Commission and the Mayor, or at the expiration of the 30-day period for the Mayor to act, the Council shall hold a public hearing on the proposed Plan amendment.
After the close of the public hearing, the Council may do either of the following: (Amended by Ord. No. 177,103, Eff. 12/18/05.)
1. Approve or disapprove the Plan amendment in whole or in part in accordance with Charter Section 555(e); or
2. Propose changes to the Plan amendment.
The Council shall take either of these actions within 75 days after receiving the recommendation of the Mayor, or within 75 days after the expiration of the Mayor's time to act if the Mayor has not made a timely recommendation. The failure of the Council to act within that 75-day period shall constitute a disapproval of the Plan amendment. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
In accordance with Charter Section 555(e), if both the City Planning Commission and the Mayor recommend approval of a proposed amendment, the Council may adopt the amendment by a majority vote. If either the City Planning Commission or the Mayor recommends the disapproval of a proposed amendment, the Council may adopt the amendment only by at least a two-thirds vote. If both the City Planning Commission and the Mayor recommend the disapproval of a proposed amendment, the Council may adopt the amendment only by at least a three-fourths vote.
F. Proposed Changes by the Council. If the Council proposes changes to the Plan amendment that differ from the amendment as initiated or the recommendation of the City Planning Commission, the matter shall be returned simultaneously to the City Planning Commission and the Mayor for their recommendations on the proposed changes. In acting on those changes, the City Planning Commission and the Mayor shall follow the procedures set forth above for their initial action. The City Planning Commission shall act within 60 days of receipt of the Council’s proposed change. The Mayor shall act within 30 days of the receipt of the City Planning Commission’s recommendation on the proposed change, or the expiration of the time for the City Planning Commission to act if the Commission fails to make a timely recommendation. If either the City Planning Commission or the Mayor does not act within the time period, that inaction shall be deemed a recommendation of approval of the proposed changes. The recommendations of the Commission and the Mayor on any changes made by the Council shall affect only those changes. The Council shall act to approve or disapprove, in whole or in part, the Plan amendment, including the Council’s changes, within 120 days after receiving both the City Planning Commission’s and the Mayor’s recommendations on the Council’s proposed changes, or the expiration of their time to act on those changes.