SEC. 12.27.1. ADMINISTRATIVE NUISANCE ABATEMENT PROCEEDINGS.

   (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   See Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A of this Code.

SEC. 12.28. ADJUSTMENTS AND SLIGHT MODIFICATIONS.

   (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   A.   Adjustments. The Director shall have the authority to grant adjustments in the Yard, area, Building line and height requirements of Chapter 1 of this Code, pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code. An adjustment shall not be permitted for relief from a density (Lot area per unit) or height requirement, excluding fences and hedges, if the request represents an increase of 20 percent or more than what is otherwise permitted by this Code. A request for an increase of 20 percent or more shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.

   The Director shall also have the authority to grant adjustments in Residential Floor Area of no more than a ten percent increase beyond what is otherwise permitted by Chapter 1 of this Code. A request for an increase in Residential Floor Area greater than ten percent shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.

   B.   The Director shall have the authority to grant slight modifications in the yard and area requirements of Chapter 1 of this Code where circumstances make the literal application of the yard and area requirements impractical. Slight Modifications from the yard and area requirements shall be limited to:

   1.   deviations permitting portions of buildings to extend into a required yard or other open space a distance of no more than 20 percent of the width or depth of the required yard or open space only when the request is filed incidental to another application or appeal within the jurisdiction of the Director; and

   2.   deviations of no more than ten percent from the required lot area regulations. In those cases, the procedures for notice, hearing, time limits and appeals shall be the same as those applicable to the underlying application or appeal. In granting a slight modification, the Director may impose conditions related to the interests addressed in the findings set forth in Sec. 13B.5.2.E.

   C.   Procedures for Adjustments. See Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code.

   D.   Public Hearing and Notice.

   1.   Notwithstanding the provisions of Sec. 13B.5.2 (Adjustment) of Chapter 1A of this Code, an application for an adjustment to permit a game court, including a tennis or paddle tennis court, accessory to a primary residential use on the same lot, or to permit the erection of light standards in conjunction with that use shall be set for public hearing and notice shall be given in the same manner required for adjustments unless the applicant has secured the approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.

   2.   For R1, RS, RE and RA Zoned properties, the Zoning Administrator must conduct a public hearing for any Adjustment requests.

SEC. 12.29. VIOLATION OF CONDITIONS – PENALTY.

   (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   See Sec. 13A.2.7. (Scope of Decision) of Chapter 1A of this Code.

SEC. 12.30. BOUNDARIES OF ZONES.

   (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)

   A.   Purpose. It is intended that zone and height district boundaries coincide with street, alley, or lot lines, unless otherwise shown on the zoning map. However, under certain conditions, zone boundaries do not precisely coincide with street, alley, or lot lines and in those cases, the Director shall make adjustments pursuant to this section. Boundary adjustments are normally requested in contemplation of more extensive development of the property involved. In connection with those plans, standard street dedication is essential. Therefore, the following procedure is necessary to be established so that standard dedication and improvement of streets and alleys abutting the subject property may be required, where reasonable, as a prerequisite to the approval of the zone boundary adjustment.

   B.   Street, Alley or Lot Lines. The zone boundaries shall be either street, alley or lot lines unless otherwise shown on the zoning map, and where the indicated boundaries on the zoning map are approximately street, alley or lot lines, the street, alley or lot lines shall be construed to be the boundaries of those zones.

   C.   Scale on Map. Where the zone boundary lines are not approximately street alley or lot lines, or where property indicated on the zoning map is acreage and not subdivided into lots and blocks, the zone boundary lines on the zoning map shall be determined by the scale contained on the map.

   D.   Symbol for Zone. Where one symbol is used on the zoning map to indicate the zone classification of an area divided by an alley or alleys, that symbol shall establish the classification of the whole of that area.

   E.   Street or Right of Way – Allocation or Division. A street, alley, railroad or railway right-of-way, watercourse, channel or body of water, included on the zoning map shall, unless otherwise indicated, be included within the zones of adjoining property on either side of the street, alley, railroad or railway right-of-way, watercourse, channel or body of water; and where the street, alley, right- of-way, watercourse, channel or body of water, serves as a boundary between two or more different zones, a line midway in the street, alley, right-of-way, watercourse, channel or body of water, and extending in the general direction of its long dimension shall be considered the boundary between zones.

   F.   Vacated Street or Alley. In the event a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in the street or alley shall be included within the zone of the adjoining property on either side of the vacated street or alley. In the event the street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former center line of the vacated street or alley.

   G.   Individual Adjustments. The Director may, upon written request and after notice and hearing to the owners of the property affected by the proposed decision, make minor adjustments in the location of zone boundaries to carry out the intent of this section when:

   1.   Property as shown on the zoning map was in acreage but has been subsequently divided or approved for division into parcels or lots and blocks by a parcel map or final tract map and the parcel or lot and block arrangement does not conform to that anticipated when the zone boundaries were established;

   2.   Property was redivided or approved for redivision by a parcel or final tract map into a different arrangement of lots and blocks than indicated on the zoning map; or

   3.   A lot which was of record in the Los Angeles County Recorder’s Office on July 30, 1962, and which was on that date and is, at the time the request is made, in two different zones as determined by scaling the zoning map and where there is nothing apparent on the map to indicate that the zone boundary line should be retained in its scaled location. Where uncertainty exists in applying the provisions of this section or where revision is necessary to correct dimensional or mapping errors the Director may, upon the Director’s own initiative, or upon the request of the Planning Department staff, determine the location of the zone boundary lines by written decision. Zone boundary adjustments permitted pursuant to this subsection shall be limited to a distance of no more than 50 feet. When the adjustment is requested prior to recordation because of a situation arising as described in Subdivisions 1. and 2. of this subsection the Director’s decision shall not become effective until after the parcel map or final tract map has been recorded with the Office of the County Recorder.

   H.   Director Decision. Whenever the public necessity, convenience, general welfare or good zoning practice justify the action, the Director may approve, conditionally approve or deny any zone boundary adjustment pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code. The Director may impose any conditions the Director deems appropriate to mitigate the negative impacts created by the development made possible by a zone boundary adjustment. One of the conditions may require that the abutting streets, alleys or highways be dedicated and improved in conformance with the standards for improvement of streets, alleys and highways, if the Director determines that traffic on the abutting streets, alleys or highways will be increased or impeded as a result of the zone boundary adjustment. However, an offer to dedicate and/or filing of a bond in conformance with the procedures set forth in Section 12.37 C. and D. of this Chapter shall be construed as compliance with these requirements. The zoning map in the City Planning Department shall be made to conform with the Director’s decision after the conditions imposed, if any, by the Director have been fulfilled. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   I.   Maps. A reproducible map shall accompany each application for boundary adjustments. This map shall be legibly drawn using a scale of 100 feet or 200 feet to the inch and in addition to data the Director may require in order to make a proper decision on the request for boundary adjustment, the map shall clearly show the following:

   1.   The dimensions and legal description of the parcel, the existing zone lines and the distance from the parcel to the nearest cross street; and

   2.   The abutting streets, alleys and highways and their dedicated width.

   J.   Height Districts. The procedure provided for in this section for the decisions on boundaries of zones shall also be followed in deciding boundaries of height districts.

   K.   Adjustment of C or M and P or PB Zone Boundaries.

   1.   Where a combination of C or M and P or PB Zones has been established on a lot, the Director may, upon written request from the owner of the property involved, adjust the boundary between the C or M Zone and the P or PB Zone, provided that the C or M Zone is not increased in area and that no portion of the C or M Zone is adjusted to within 50 feet of a street, center line of an alley or an A or R Zone, except that the C or M Zone may be as close to any particular street, alley center line or lot line in an A or R Zone as it was prior to the adjustment of the boundary. This exception shall not apply to a lot or portion of a lot in the C or M Zone which is less than 250 square feet.

   2.   (Deleted by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

SEC. 12.31. INTERPRETATION – PURPOSE – CONFLICT.

   (Amended by Ord. No. 141,821, Eff. 5/24/71.)

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall control. Provided, that such provisions shall not apply to any variance or exception granted prior to the effective date of this article: (a) by ordinance pursuant to the provisions of Ordinances Nos. 42,666 (N.S.), 66,750, 74,140 or Chapter I of the Los Angeles Municipal Code, and which variance or exception has been utilized and not repealed by Section 12.27 B.6. of this chapter; (b) by determination of the Administrator or Board pursuant to the provisions of Chapter I of said Code; and (c) by determination of the former Board of City Planning Commissioners pursuant to the provisions of Ordinance No. 74,145 or Chapter I of said Code. Provided, further, that such provisions shall not be interpreted or construed as interfering with the continuation of those existing specific uses which heretofore were required by Ordinance to be located in the following special districts:

   (a)   Cemetery Districts – Ordinance No. 19,534 (N.S.);

   (b)   Undertaking Districts – Ordinance No. 31,746 (N.S.);

   (c)   Public Camp Districts – Ordinance No. 44,434 (N.S.);

   (d)   Mental Sanitarium Districts – Ordinance No. 58,647; and

   (e)   Rabbit and Poultry Slaughter House District – Ordinance No. 65,050.

   In no case, however, shall any of the above uses be extended or expanded onto property not so used at the time this article became effective.

SEC. 12.32. LAND USE LEGISLATIVE ACTIONS.

   (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   A.   See Sec. 13B.1.2. (Specific Plan Adoption / Amendment), Sec. 13B.1.3. (Zoning Code Amendment) and Sec. 13B.1.4.B. (Zone Change) of Chapter 1A .

   B.   (This subsection intentionally left blank.)

   C.   (This subsection intentionally left blank.)

   D.   (This subsection intentionally left blank.)

   E.   Amendment to the Zoning Regulations. See Sec. 13B.1.3. (Zoning Code Amendment) of Chapter 1A of this Code.

   F.   Zone Changes and Height District Changes. See Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code.

   G.   Special Zoning Classifications.

   1.   T Classification.

   (a)   Purpose. In the consideration of a proposed change of zone pursuant to Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code, it may be determined that public necessity, convenience and general welfare require that provision be made for the orderly arrangement of the property concerned into lots and/or that provision be made for adequate streets, drainage facilities, grading, sewers, utilities, park and recreational facilities; and/or that provision be made for payments of fees in lieu of dedications and/or that provision be made for other dedications; and/or that provision be made for improvements; all in order that the property concerned and the area within which it is located may be properly developed in accordance with the different and additional uses to be permitted within the zone to which the property is proposed for change.

   (b)   T Classification. Instead of immediately and finally rezoning the property or changing the height district, the ordinance shall place it in a T or Tentative classification pending the recordation of a Final Map in compliance with the provisions and requirements of Article 7 of this chapter, or, in certain instances hereinafter specified by the recordation of a Parcel Map in compliance with said provisions and requirements, or, where no map is necessary, by completion or assurance of all dedications, payments, and improvements which are required by the Council to be provided, to the satisfaction of the appropriate City departments. For the purposes of this Subsection, the term “payments” shall include dedications or payments pursuant to Section 12.33 of this Chapter.

   (c)   Map Symbol. The T or Tentative classification shall be indicated by the symbol T in parentheses preceding the proposed zoning designation; for example, (T)R4-2.

   (d)   Allowed Uses. While property remains in the T Tentative classification, and until the Department of Building and Safety has received notification from the Department of the recordation of the Final Map or Parcel Map, or the completion or assurance of the required dedications, payments or improvements, which are to the satisfaction of the appropriate City departments in accordance with those conditions as have been imposed by the City Council, the property may continue to be used only for the purposes permitted in the zone applicable to the property prior to its T Tentative classification. No permits shall be issued, no buildings or structures shall be erected or constructed, and no land shall be used for any other purpose. Provided, however, that grading or other improvements which have been required as a prerequisite to the approval of the Final Map or Parcel Map or other required dedications, payments and improvements of the property may be accomplished. The Council may also permit the removal of the T Tentative classification by the recordation of a Parcel Map or by completion of all required dedications, payments and improvements in lieu of a Final Map after report and recommendations from the Director that all the necessary improvements can be accomplished and assured under Parcel Map procedures; or where no map is necessary, completion of all required dedications, payments and improvements.

   (e)   Time Limit. Property shall remain in the T Tentative classification until a Final Map or a Parcel Map of the property has been approved by the Council and recorded in the County Recorder’s Office, or until the Department has notified the Superintendent of Building of the completion to the satisfaction of the appropriate City agencies of all required dedications, payments and improvements, or until the classification expires as provided in this subsection. Unless otherwise authorized by the City Council, dedications, payments and improvements must be completed for the entire area subject to the change of zone.

   (f)   Removal of T. When a Final Map or Parcel Map has been approved by the Council and recorded, or the Superintendent of Building has been notified by the Department of the completion of all required dedications, payments, and improvements, the property shall no longer be designated as being within the T Tentative classification, the T Tentative designation shall be removed from City records, and the new zone designation shall become finally effective. The Council may authorize the removal of a T Tentative classification by any procedure which assures any appropriate dedications, payments or improvements including any dedication, payment or improvement described in Section 12.33 of this chapter. If the Tentative classification expires, the zone change and height district proceedings shall terminate and the property shall be redesignated as described in Paragraph (h) below.

   (g)   Assurance of Dedications, Payments and Improvements. Prior to making a report and recommendation, the Director of Planning or the Director of Planning’s authorized representative shall obtain a report from the Bureau of Engineering as to whether all the necessary improvements can be accomplished and assured under Parcel Map procedures, or, if no map is necessary, without a map. The report shall be made within 40 calendar days of the date of request or within additional time as may be agreed upon by the Department and the Bureau of Engineering.

   (h)   Time Limit. (Amended by Ord. No. 182,106, Eff. 5/20/12.) Except as provided in Subdivision 2. of this subsection, as to those properties placed in the T classification subsequent to March 26, 1973, property shall not remain in a T Tentative classification for more than six years after the effective date of the ordinance creating it without the recording of a Final Tract Map or a Final Parcel Map, or a decision by the Department that all required dedications, payments and improvements have been made or assured to the satisfaction of the appropriate City agencies.

   EXCEPTIONS: Property may remain in a T Tentative classification for an additional 60 months if the ordinance creating the classification took effect between July 15, 2005, and December 31, 2007; an additional 48 months if the ordinance took effect between January 1, 2008, through December 31, 2008; and an additional 24 months if the ordinance took effect between January 1, 2009, and December 31, 2010, provided that the Director makes a written finding that the prior discretionary approval and the required environmental review considered significant aspects of the approved project and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the extension. Property may also remain in a T Tentative classification for a longer period of time through operation of Sec. 13A.2.7.A.2. of the Code.

   When these time limitations expire, the T Tentative Zone classification and the zoning authorized thereby shall become null and void, the rezoning proceeding shall be terminated, and the property thereafter may only be utilized for those purposes permitted prior to the commencement of the rezoning proceedings and shall be so redesignated.

   (i)   Time limit Does Not Include Moratoria. The time limit for property placed in a T Tentative classification which is also the subject of a Tentative Map shall not include any time during which a development moratorium, as defined in California Government Code Section 66452.6(b), has been imposed and is in existence after the effective date of the ordinance placing the property in a T Tentative classification, provided that the moratorium affects the property and does not exceed five years. Provided further that for property placed in a T Tentative Classification which is also the subject of a Tentative Map and which requires the expenditure of $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, then the T Tentative Classification shall be extended for the life of the Tentative Map.

   (j)   Restoration to Former Zoning. Except as provided for in subdivision 2. of this subsection, as to those properties placed in the T Tentative classification prior to March 26, 1973 and which remain in a T Tentative classification for more than six years, the City Planning Commission, the Director or the Director’s designee may investigate the circumstances therefor. When deemed appropriate by the Commission or upon the request of the Council, and after due notice to the owner of the property as shown on the records of the City Engineer or the records of the County Assessor, the City Planning Commission, the Director or the Director’s designee shall submit a report and recommendation to the Council concerning the restoration of the property to its former zoning or height district classification. Where the recommendation is that the property be changed to its former classification, or when the Council requests that the property be changed to its former classification, an ordinance accomplishing the change shall be transmitted with the report and recommendation to the Council. Notwithstanding any other provisions of this Code to the contrary, no public hearing need be held nor further notice given as a prerequisite to the adoption of an ordinance restoring the property to its former classification. (Amended by Ord. No. 181,595, Eff. 4/10/11.)

   (k)   General Plan Consistency. In the implementation of Paragraph (i) of this Subdivision, the former zoning or height district classification may be inconsistent with the current General Plan designation for the property. In this case, the property shall be changed to the least intense zoning or height district classification consistent with the General Plan.

   2.   Q Qualified Classification.

   (a)   Purpose. Except where property is being changed to the RA, RE, RS or R1 Zone, provision may be made in a zoning ordinance pursuant to Sect.13B.1.4. (Zone Change) of Chapter 1A of this Code, that the property not be utilized for all the uses ordinarily permitted in a particular zone classification and/or that the development of the site shall conform to certain specified standards, if the limitations are deemed necessary to:

   (1)   Protect the best interests of and assure a development more compatible with the surrounding property or neighborhood;

   (2)   Secure an appropriate development in harmony with the objectives of the General Plan; or

   (3)   Prevent or mitigate potential adverse environmental effects of the zone change.

   (b)   Q Classification.

   (1)   Where limitations are deemed necessary the zoning ordinance may, instead of immediately and finally changing the zone or height district on the property, place it in a Q Qualified classification. Except as provided for in Paragraphs (f) of (g) of this subdivision, the Q Qualified classification shall be deemed to be a temporary classification until the time the proceedings are either terminated or completed as provided in this section.

   (2)   Prior to the issuance of permits for the construction of buildings or structures authorized by the Qualified enactment, the plans for them shall be submitted to and approved by the Director as being in full compliance with all limitations and standards set forth in the ordinance.

   (c)   Map Symbol. The Q classification shall be indicated by the symbol Q in parentheses preceding the proposed designation; for example, (Q)C2-1.

   (d)   Allowed Uses. While property remains in a Q Qualified classification, whether temporary or permanent as provided for in Subdivision 3. of this subsection, it may be used for any of the uses permitted in the zone applicable to the property prior to its Q Qualified classification, unless the use or uses are prohibited in the zone classification to which the property is being changed, or are subject to limitations as are specified in the Qualified classification to which the property is being changed. Prior to the issuance of permits for the construction of buildings or structures authorized by reason of the Qualified zone enactment, the plans therefor must be submitted to and approved by the Director of Planning or by the Director of Planning’s designated representative as being in full compliance with all limitations and standards set forth in that ordinance.

   (e)   Certificate of Occupancy. Property shall remain in a temporary (Q) Qualified classification for the period of time provided in Paragraph (f) of this subsection or until a Certificate of Occupancy is issued by the Superintendent of Building for one or more of the uses first permitted by the Qualified zone ordinance. The Superintendent of Building shall notify the Director of the issuance of the Certificate of Occupancy. Once the Certificate of Occupancy is issued: (i) the (Q) Qualified classification shall no longer be considered temporary; (ii) the parentheses shall be removed from the designation; and (iii) the new zone designation shall become finally effective and shall be placed on the appropriate City records with the symbol “Q” being a permanent part of the symbol designation; for example QR3-1. All applicable limitations and/or standards within the Qualified classification ordinance shall thereafter be considered to apply permanently to the specific uses. The temporary Qualified classification and the accompanying conditions that have become permanent and are shown with brackets shall have the same status as those that have become permanent, but shown with neither parenthesis nor brackets. (Amended by Ord. No. 177,103, Eff. 12/18/05.)

   (f)   Time Limit. (Amended by Ord. No. 182,106, Eff. 5/20/12.) Except as provided below and in Subsection I., property shall not remain in a Q Qualified classification for more than six years unless during that time:

   (1)   there is substantial physical development of the property to allow for one or more of the uses for which the Q Qualified classification was adopted; or

   (2)   if no physical development is necessary, then the property is used for one or more of the purposes for which the Q Qualified classification was adopted.

   EXCEPTION: Property may remain in a Q Qualified classification for an additional 60 months if the ordinance creating the classification took effect between July 15, 2005, and December 31, 2007; an additional 48 months if the ordinance took effect between January 1, 2008, through December 31, 2008; and an additional 24 months if the ordinance took effect between January 1, 2009, and December 31, 2010, provided that the Director makes a written finding that the prior discretionary approval and the required environmental review considered significant aspects of the approved project and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the extension.

   When these time limitations expire, the Q Qualified classification and the authority contained therein shall become null and void, the rezoning proceedings shall be terminated, and the property thereafter may only be utilized for those purposes permitted prior to the commencement of the rezoning proceedings.

   In addition, the Director may determine that the development has not been continuously and expeditiously carried on to completion, but that one or more usable units has been completed and that the partial development will meet the requirements for the utilization of the (Q) classification. The Director may impose conditions on the partial development to meet the intent of this subdivision. The Director shall advise the Department of Building and Safety of the Director’s decision. Thereafter, a Certificate of Occupancy may be issued after compliance with the Director's decision, and the temporary (Q) classification shall be permanent on that portion of the property determined by the Director to be appropriate to the completed portion of the development. The Qualified classification and the authority contained therein shall become null and void as to the remainder of the property. Notwithstanding any other provision of this Code to the contrary, no public hearing need be held nor notice be given before terminating the (Q) Qualified classification and restricting the property to its previously permitted uses.

   (g)   Non-Conforming Improvements. In the event that buildings or structures designed for occupancy by uses which were not permitted prior to the (Q) Qualified classification are located on property on which the (Q) Qualified classification is terminated, the buildings or structures shall be completely removed forthwith by the owner at the owner’s own expense, unless their design is altered and they are immediately completed in full compliance with all applicable regulations for uses permitted prior to the (Q) Qualified classification.

   (h)   Q’s with T’s. Property may simultaneously be classified as being in a (Q) or [Q] Qualified classification and T Tentative classification. The T designation shall be removed prior to utilization of the additional uses permitted by the (Q) or [Q] Qualified classification. In no event shall there be any change in the time limitations of this section or any extension of them.

   (i)   Time Limit Does Not Include Moratoria. However, for property placed in a Q Qualified classification which is also the subject of a Tentative Map, the six year time period for the Q Qualified Classification shall not include any time during which a development moratorium, as defined in California Government Code Section 66452.6(f), has been imposed and is in existence after the effective date of the ordinance placing the property in a Q Qualified Classification, provided that the moratorium affects the property and does not exceed five years. Provided further that for property placed in a Q Qualified Classification which is also the subject of a Tentative Map and which requires the expenditure of $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, then the Q Qualified classification shall be extended for the life of the Tentative Map, including any time extensions approved by the Advisory Agency. For the purposes of this subsection, a zone change or height district change shall be deemed a change incident to division of land when the project’s environmental analysis includes a description of both the change and the division of land, and the proposed development of the site does not deviate substantially from the original project description. In particular, the proposed development shall be substantially the same regarding density, the number of dwelling units, the amount of floor area, uses, height and massing of buildings, amount of grading, and other relevant attributes.

   (j)   Q Conditions in the RA, RE, RS and R1 Zones.  (Added by Ord. No. 174,406, Eff. 2/28/02.) Notwithstanding Paragraph (a) of this Subdivision, properties being changed to the RA, RE, RS and R1 zones may be placed in the “Q” Qualified classification in order to impose conditions to mitigate adverse environmental effects of the zone change identified in a Mitigated Negative Declaration or Environmental Impact Report.

   3.   Permanent [Q] Qualified Classification. In consideration of a proposed change of zone or height district, the Council may determine to impose a permanent Q Qualified classification rather than a classification which expires. The permanent Qualified classification shall be identified on the Zoning Map by the symbol Q in brackets, preceding the proposed zoning designation; for example, [Q]M2-1; or, in combination with a T Tentative classification, [T][Q]C2-2. There shall be no time limit on removal of the brackets around the [Q] Qualified designation nor on removal of the T Tentative designation. After the conditions of the permanent [Q] Qualified classification have been fulfilled, the brackets surrounding the Q symbol shall be removed. After the conditions of the T Tentative classification have been fulfilled, the symbol [T] shall be removed from the zone designation.

   4.   D Development Limitations.

   (a)   Purpose. Notwithstanding any provisions of Section 12.21.1 of this Code to the contrary, provisions may be made in an ordinance establishing or changing any Height District pursuant to Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code that a building or structure may be built to a specific maximum height or floor area ratio less than that ordinarily permitted in the particular Height District classification; or that buildings may cover only a fixed percentage of the area of the lot; or that buildings be set back in addition to setbacks otherwise required by this Code. These limitations shall be known as D Development limitations.

   (b)   Findings. In establishing D limitations, the Council shall find that any or all the limitations are necessary:

   (1)   to protect the best interests of and assure a development more compatible with the surrounding property or neighborhood, and

   (2)   to secure an appropriate development in harmony with the objectives of the General Plan, or

   (3)   to prevent or mitigate potentially adverse environmental effects of the Height District establishment or change.

   (c)   Map Designation. The imposition of D Development limitations shall be indicated by the symbol D following the Height District designated on the Zone Map; for example, C2-1-L-D, R4-2-D, RD1.5-1-VL-D, etc.).

   (d)   Permanence of D Development Limitations. D Development limitations shall not be affected by any failure to remove a (T) Tentative classification or the parentheses of a Q Qualified classification.

   H.   Amendments of the T Classification and Clarifications of the Q Classification or D Limitation.

   1.   Application. A request for an amendment of Council’s instructions involving the T Classification or a clarification of a Q Classification or D Limitation set forth in an ordinance pursuant to Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code may be filed by one or more of the owners or lessees of the subject property with the Department on a form accompanied by information required by the Department and by a fee as provided in Section 19.01.

   2.   Guidelines. The City Planning Commission shall adopt guidelines for the Director to utilize in considering these requests. The City Planning Commission may amend the guidelines from time to time as it deems appropriate.

   3.   Hearing. Proceedings for an amendment to Council instructions or a clarification need not be set for hearing.

   4.   Director’s Authority.

   (a)   Approval of Request. If the Director decides that the request complies with the City Planning Commission’s guidelines, then the Director may approve or conditionally approve a request subject to the findings below.

   (b)   Disapproval of Request. If the Director decides that the request does not comply with the City Planning Commission guidelines for considering requests for amendments or clarifications, the Director shall deny the request. The decision of the Director that a request does not comply with the City Planning Commission guidelines shall be final.

   5.   Findings. The Director, or the City Council on appeal, shall approve an amendment or clarification if the Director or the City Council finds that:

   (a)   The request is consistent with the City Planning Commission guidelines; and

   (b)   The amendment or clarification is necessary in order to carry out the intent of the City Council in adopting the T or Q Classification or D Limitation; and

   (c)   The amendment or clarification would have only a minimal effect on adjacent property and would not result in a significant or substantial deprivation of the property rights of other property owners.

   6.   Notice of Decision.

   (a)   Notice. After making a decision pursuant to this subsection, the Director or City Clerk, as appropriate, shall notify the applicant in writing. Written notice shall also be mailed to the owners of all property within and outside of the City that is within 300 feet of the exterior boundaries of the property involved, using for the purpose of notification the last known name and address of owners shown upon the records of the City Engineer or the records of the County Assessor. (Amended by Ord. No. 181,595, Eff. 4/10/11.)

   (b)   Expanded Notice.

   (1)   If all property within the 300-foot radius is under the same ownership as the property involved in the proceeding, then the owners of all property which adjoins the ownership, or is separated only by a street, alley, public right-of-way or other easement, shall also be notified as provided in this subdivision.

   (2)   If these notice provisions will not result in notice being given to at least 20 different owners of at least 20 different parcels of property other than the subject property, then the 300-foot radius for notification shall be increased in increments of 50 feet until the required number of owners, and parcels of property, are encompassed within the expanded area. Notification shall then be given to all property owners within that area.

   7.   Effective Date of Decision. A decision of the Director pursuant to this subdivision shall become final and effective upon the close of the 20 day appeal period, if not appealed.

   8.   Appeals of Director’s Decision.  (Amended by Ord. No. 173,492, Eff. 10/10/00.) An applicant or any person aggrieved by a decision of the Director may appeal that decision to the City Council. The appeal shall be in writing and shall set forth specifically where there is error or abuse of discretion in the decision by the Director pursuant to this subdivision. The appeal shall be filed with the Department of City Planning and accompanied by a fee as provided in Section 19.01 of this Code. The City Council may approve, conditionally approve, or disapprove the appeal if it finds there is error or abuse of discretion in the determination by the Director. If the Council makes this decision, it shall make written findings pursuant to Subdivision 5. of this subsection. The decision of the City Council shall be final.

   I.   (This subsection intentionally left blank.)

   J.   F Funded Improvement Classification.

   1.   Purpose. In consideration of a proposed change of zone pursuant to Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code, the Council may determine that public necessity, convenience or general welfare indicate rezoning for an area is desirable, but that street lighting and fire hydrants in the area are so lacking or inadequate that provision for these facilities shall be made prior to the more intensive use of the area contemplated by the zone change.

   2.   Improvements. If the Council determines that provision should be made for street lighting, fire hydrants, or both, it shall designate the improvements. The ordinance changing the zone of the property concerned may in addition to rezoning the property place it in an F or Funded Improvement classification pending installation of all designated street lighting and fire hydrants by the owners of the property, or payment of a pro rata share of the cost of improvement as estimated by the City Engineer. Unless otherwise determined by the Council, the entire area rezoned in each zone change case shall have its own separate Funded Improvement Account.

   3.   Map Symbol. The F or Funded Improvement classification shall be indicated by the symbol F in parentheses immediately before the combination of symbols designation; for example, (F)R3-1.

   4.   Issuance of Permits. While the property remains in an F Funded Improvement classification, and until the Department of Building and Safety has received notification from the Board of Public Works that the required improvements have been installed to the satisfaction of the City Engineer, or that the pro rata share of the improvement charge has been paid to the City, or that the improvements are assured by an assessment district, the property may continue to be used only for the purposes permitted in the zone applicable to the property prior to its F Funded Improvement classification. No permits shall be issued, no buildings or structures shall be erected or constructed, and no land shall be used for any other purpose.

   5.   Funded Improvement Accounts.

   (a)   Establishment. Unless otherwise determined by the Council, the Board of Public Works shall establish a separate Funded Improvement Account for each zone change area placed in the F Funded Improvement classification. Each account shall be maintained until the funds are expended to complete all the designated improvements in that the area, or until the Board of Public Works determines the account is no longer necessary.

   (b)   Unit Charges. The Board of Public Works shall establish one or more standard unit charge, based upon front footage, acreage, or other equitable measurements. The charges shall be estimated by the City Engineer to be sufficient to reimburse the City for its cost of installation, materials, design, surveying, inspection, testing of materials, appurtenant work, and all other applicable costs. Unit charges may vary depending on geographic or other special conditions. Upon request, the City Engineer shall advise any property owner of the total charge for the installation of the required improvements, and the proportionate share of the charges for the property. In the event a property owner installs any of the improvements designated for the property, a proportionate adjustment of the pro rata improvement charge shall be made.

   (c)   Earlier Improvements. The Board of Public Works may authorize the earlier installation of certain of the designated improvements which are more urgently needed than the others when its Funded Improvement Account contains sufficient funds to cover the cost of the improvements.

   (d)   Completion of Improvements. When 60% of the total estimated improvement charges have been collected in any Funded Improvement Account, the Board of Public Works may cause the designated improvements for the area to be completed either by the City or by contract, using monies from the revolving fund established by Paragraph (e) below for the remainder of the costs, if sufficient amounts are available in it. Upon completion of all the designated improvements in a zone change area placed in the F Funded Improvement classification, the Funded Improvement Account for that area shall be terminated.

   (e)   Revolving Fund. There is hereby established the Funded Improvement Revolving Fund to be administered by the Board of Public Works, which shall be used to finance completion of improvements in areas in the F Funded Improvement classification. The Council, after a report from the Board of Public Works, may appropriate monies to the Fund. The Board of Public Works shall periodically report to the Council on the operation of the Revolving Fund as well as any need for additional funds. When a Funded Improvement Account for a rezoned area has been terminated, all remaining pro rata improvement charges due as a prerequisite to obtaining building permits shall be paid into the Revolving Fund.

   (f)   Removal of F Classification. Each parcel of property shall remain in the F Funded Improvement classification until the owner has installed all designated improvements determined by the City Engineer to pertain to the property, or has paid the improvement charges, or the improvements have been completed or guaranteed under assessment proceedings, and the Board of Public Works has notified the Department of Building and Safety. Thereafter, each parcel shall no longer be designated as being within the classification and the F Funded Improvement designation shall be removed from the City records. A copy of the notification shall be furnished to the Department.

   K.   (Deleted by Ord. No. 182,242, Eff. 10/9/12.)

   L.   (Deleted by Ord. No. 182,242, Eff. 10/9/12.)

   M.   Changes of Zone Relating to Projects Subject to Section 12.24.1. In connection with a change of zone subject to the provisions of Section 12.24.1 of this Code, the ordinance changing the zone may provide that one or more of the uses permitted by that ordinance shall be exempt from the requirements of this Code.

   N.   Changes Incident to Self-Contained Communities.

   1.   Agricultural Zones. Where property is in an A1, A2 or RA Zone, a proposed plan for the development of a new self-contained community with a town lot subdivision design may be submitted to the Commission for its consideration, provided the plan indicates that adequate provision is made for school and playground sites, municipal facilities, utilities and other services.

   2.   Subdivision Map Required. If the Commission finds that the location and plan of the proposed community are tentatively acceptable, it shall initiate the zone changes which may be necessary for the completion of the plan. After holding the public hearing required in connection with the proposed zone changes, the Commission may approve the plan including the proposed zone changes, but the approval shall be subject to the filing and recordation of a subdivision map conforming to the plan. If the self- contained community plan and the proposed zone changes are approved by the Commission, the plan and the proposed zone changes shall be submitted to the Council for its consideration. If the Council concurs in the action of the Commission, the ordinance required to effect the changes shall be presented to the Council only after a tentative subdivision map has been submitted to and approved by the Council.

   O.   Establishment or Change of H Hillside Areas.

   1.   Procedure. Whenever the public necessity, convenience or general welfare justify the action, the Council by ordinance may create or change the boundaries of an H Hillside Area. The fees to be paid and the procedure to be followed shall be the same as prescribed in Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code for a change of zone. However, where the establishment or change of an H Hillside Area is initiated by the Council or the Commission and consists of a parcel or parcels of land totaling in excess of 20 acres, publication in a newspaper of general circulation, designated by the City Clerk for official advertising in the area involved, not less than 24 days prior to the date of the public hearing, giving notice of the time, place and purpose of the hearing shall be sufficient notice of the hearing, and the mailing of individual notices shall not be required.

   2.   Exception. Where the Commission initiates a change of zone from the R1-H to the RE15-H zone on property generally described in Subdivision 3. of this Subsection, publication in a newspaper of general circulation, designated by the City Clerk for official advertising in the area involved, at least 24 days prior to the date of the public hearing, giving notice of the time, place and purpose of the hearing shall be sufficient notice, and the mailing of individual notices shall not be required.

   3.   Boundaries. Sunset Boulevard from Pacific Coast Highway to Western Avenue, Western Avenue and its northerly extension to the common city boundary line between Los Angeles City and the City of Glendale, westerly on the City boundary line from the northerly extension of Western Avenue to Lankershim Boulevard, southerly on Lankershim Boulevard to Ventura Boulevard, westerly on Ventura Boulevard from Lankershim Boulevard to the westerly City boundary line, southerly on the westerly City boundary line to Pacific Coast Highway, and easterly on Pacific Coast Highway to Sunset Boulevard.

   P.    (This subsection intentionally left blank.)

   Q.    (This subsection intentionally left blank.)

   R.   Building Lines.

   1.   Purpose. It is the purpose of this article to provide regulations for the establishment, change or removal of building lines along any street or portion of a street in order to provide for the systematic execution of the General Plan; to obtain a minimum uniform alignment from the street at which buildings, structures or improvements may be built or maintained; to preserve the commonly accepted characteristics of residential districts; to protect and implement the “Highways and Freeways Element of the General Plan”; to provide sufficient open spaces for public and private transportation; to facilitate adequate street improvements; to prevent the spread of major fires and to facilitate the fighting of fires; and to promote the public peace, health, safety, comfort, convenience, interest and general welfare.

   2.   Procedures for Establishment, Change or Removal of Building Lines. Except for the provisions below, the procedures set forth in Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code shall be used for the establishment, change or removal of building lines.

   (a)   Initial Decision-Maker. Area Planning Commissions shall have the authority to make recommendations on building line ordinances.

   (b)   Notice. Notwithstanding the notice requirements of Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code, the following notice shall be required for actions on building lines:

   (1)   By Mailing Notices: A written notice shall be mailed at least 24 days prior to the date of the hearing to the applicant, to the owner or owners of the property involved and to the owners of properties abutting that portion of the street on which the building line is to be established, changed or removed. The written notice shall be mailed to the last known name and address of the owners as shown upon the records of the City Engineer or the records of the County Assessor; or

   (2)   By Posting Notices on the Street Affected: The Board of Public Works shall be notified whenever a public hearing on a building line proceeding is set. The Board shall cause copies of the notice of the public hearings to be posted within 20 days after receiving the notification and at least 24 days prior to the date set for public hearing. The Board shall post at least three notices, not more than 300 feet apart, in front of each block or part of a block along the street involved in the building line proceeding.

   (c)   Public Hearing for Certain Building Line Actions. Notwithstanding the provisions of Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code, no separate public hearings will be required for the establishment, change or removal of a building line when it is incidental to subdivisions or zone changes as specified in Paragraphs (e) and (f) of this Subdivision.

   (d)   Action on Building Line Change. The procedures in Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code shall be used for establishment or change to a building line.

   (e)   Building Line Incident to Subdivision. In connection with the consideration of a tentative subdivision map by the Advisory Agency, the Advisory Agency may recommend to the Area Planning Commission or the City Planning Commission, whichever is considering the matter, the establishment, change or removal of a building line on streets within the subdivision, if the Advisory Agency finds it is necessary for the proper development and use of the lots or to achieve any purpose set forth in Subdivision 1. of this Subsection. The recommendation shall be in the form of a written report. Upon the receipt of the report, the Commission shall advise the subdivider that the proposed building line matter will be considered at a regular Commission meeting. The meeting shall constitute the required public hearing and no further notice need be given. If the Commission approves the establishment, change or removal of a building line, an ordinance in conformity with that recommendation shall be presented to the Council for adoption concurrently with its action on the final subdivision tract map.

   (f)   Building Line Incident to Zone Change. In connection with its hearing and consideration of a proposed zone change, the Area Planning Commission or the City Planning Commission may also consider the establishment, change or removal of a building line on the property involved or on adjoining property under the same ownership as the property involved in the zone change proceeding. If the Commission finds that it is necessary to establish, change, or remove a building line in order to give proper effect to the zoning proposed in the proceeding, or to achieve any purpose set forth in Subdivision 1 of this Subsection, the Commission may act upon the building line matter simultaneously with the zone change proposal. Only one notice of public hearing need be given concerning the proposed zone change and the building line proceeding and both matters may be considered at the one public hearing. If the Commission approves the establishment, change or removal of a building line, an ordinance in conformity with that recommendation shall be presented to the City Council for adoption concurrently with the ordinance involving the proposed zone change.

   (g)   Notification to Building and Safety. The Department of Building and Safety shall be notified relative to an initial City Council or Area Planning Commission approval of a building line proceeding, and whenever the proceeding is terminated by the City Council.

   3.   Building Permits Shall Not Be Issued During Proceedings. After the approval of a building line proceeding by the Area Planning Commission or by the Council upon an appeal from a disapproval, and until the time the ordinance establishing, changing or removing a building line in the proceedings becomes effective, or until the time the proceedings are terminated by the City Council, no building permit shall be issued for the erection of any building, structure or improvement between any proposed building line and the street line, and any permits so issued shall be void.

   4.   Compliance. After the effective date of any ordinance establishing a building line, no person shall build or maintain any building, structure, wall, fence, hedge or other improvement within the space between the street line and the building line so established, and the Department of Building and Safety shall refuse to issue any permit for any building, structure or improvement within that space.

   5.   Exceptions – Nonconforming Buildings.

   (a)   Permitted Projections. Any improvements or projection permitted in a front yard, or in a side yard adjoining a street by Section 12.22 C.20. of Article II, may extend or be located in the same manner in the space between an established building line and the adjacent street line. Further, a marquee may extend into the space between an established building line and the adjacent street line a distance of not more than 12 feet from the face of the building to which it is attached, providing the building be lawfully devoted to a business use.

   (b)   Nonconforming Buildings. A nonconforming building, structure or improvement may be maintained except as otherwise provided in Sections 12.23 A. and 12.23 D.

   (c)   Subsurface Improvements. The provisions of this article do not apply to buildings, structures or improvements located below the natural or finished grade of a lot whichever is lower.

   (d)   Street Vacation. Any building line existing along a public street hereafter vacated shall be deemed automatically removed when the City Council makes its order of vacation unless the order of vacation provides otherwise.

   (e)   Enforcement. The provisions of Div. 13B.10. (Department of Building and Safety) of Chapter 1A of this Code concerning enforcement of the zoning regulations shall also apply to the enforcement of the provisions of this article.

   S.   Supplemental Use Districts. (Amended by Ord. No. 181,412, Eff. 1/2/11.)

   1.   Purpose. The purpose of Article 3 of this chapter is to regulate and restrict the location of certain types of uses whose requirements are difficult to anticipate and cannot adequately be provided for in the “Comprehensive Zoning Plan”. These uses, the boundaries of the districts where they are permitted, the limitations governing their operations, and the procedure for the establishment of new districts, are provided for in Article 3 of this chapter. Except for the “Supplemental Uses” permitted by Article 3 of this chapter, all property within the districts hereby established is subject to the provisions of the “Comprehensive Zoning Plan”.

   2.   Districts. (Amended by Ord. No. 188,081, Eff. 2/5/24.) In order to carry out the provisions of this article, the following districts are established:

      “O”   Oil Drilling District

      “S”   Animal Slaughtering District

      “G”   Surface Mining District

      “RPD”   Residential Planning Development District

      “K”   Equinekeeping District

      “CA”   Commercial and Artcraft District

      “POD”   Pedestrian Oriented District

      “CDO”   Community Design Overlay District

      “MU”   Mixed Use District

\      “FH”   Fence Height District

      “SN”   Sign District

      “TON”   Transportation Communication Network District

      “RFA”   Residential Floor Area District

      “NSO”   Neighborhood Stabilization Overlay District

      “CPIO”   Community Plan Implementation Overlay District

      “HS”   Hillside Standards Overlay District

      “MPR”   Modified Parking Requirement District

      “RIO”   River Improvement Overlay District

      “CUGU”   Clean Up Green Up Overlay District

      “RG”   Rear Detached Garage District

      “HCR”   Hillside Construction Regulation District

   These districts and their boundaries are shown on portions of the “Zoning Map” as provided for in Section 12.04 and made a part thereof by a combination of the zone and district symbols. This map and the notations, references and other information shown on it which pertain to the boundaries of these districts are made a part of this article as if fully described here. Reference is hereby made to those maps, notations, references and other information for full particulars.

   3.   Establishment of Districts.

   (a)   Requirements. The procedure for initiation or an application to establish, change the boundaries of or repeal a supplemental use district shall be as set forth in Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code with the following additional requirements.

   (b)   (Repealed by Ord. No. 188,081, Eff. 2/5/24, Oper. 1/22/24.)

   (c)   Action on the Initiation or Application.

   (1)   Authority. Notwithstanding the provisions of Subsection C., only the City Planning Commission is authorized to make recommendations regarding approval or disapproval in whole or in part on an application for or the initiation of the establishment of a supplemental use district to the Council.

   (2)   Notice. Notice of the public hearing shall also be given to the Bureau of Engineering and Department of Transportation for an application or initiation to establish a supplemental use district.

   (3)   (Repealed by Ord. No. 188,081, Eff. 2/5/24, Oper. 1/22/24.)

   (4)   Disapproval – Appeal to Council. If the City Planning Commission recommends disapproval of an application, in whole or in part, any owner or lessee of property included in a proposed district may appeal that decision to the Council by filing an appeal with the City Planning Commission pursuant to the procedure set forth in Subsection D. of this section.

   4.   Administrative Clearance – Director Authority for Sign Off. See Sec 13B.3.1. (Administrative Review) of Chapter 1A of this Code.

SEC. 12.33. PARK FEES AND LAND DEDICATION.

   (Title and Section Amended by Ord. No. 184,505, Eff. 1/11/17.)

   A.   Purpose. New residential dwelling units increase demand on existing park and recreational facilities and create the need for additional facilities. The purpose of this Section is to enable the acquisition of land and the collection of fees to be used for the purpose of developing new or rehabilitating existing recreational facilities in order to create a healthy and sustainable city.

   B.   Types of Fees. The type and amount of park and recreation impact fee associated with a project depends on the type of project being developed. Subdivision projects consisting of more than 50 residential units are subject to a Quimby in-lieu fee. All other residential projects are subject to a park mitigation fee. Collectively, these fees are referred to in this Code as park fees.

   C.   Subject Properties. All new residential dwelling units and joint living and work quarters shall be required to dedicate land, pay a fee or provide a combination of land dedication and fee payment for the purpose of acquiring, expanding and improving park and recreational facilities for new residents. For the purposes of this subsection, dwelling units, Accessory Dwelling Units, Junior Accessory Dwelling Units, and joint living and work quarters shall be referred to as “dwelling units” or “residential dwelling units”. (Amended by Ord. No. 186,481, Eff. 12/19/19.)

   1.   Residential Subdivision Projects That Contain More Than 50 Dwelling Units. A subdivision containing more than 50 dwelling units shall be required to participate in an early consultation with the Department of Recreation and Parks and Department of City Planning pursuant to Subsection D. and may be required to dedicate land, make park improvements, pay a park fee or provide a combination of land dedication and park fee payment.

   2.   All Other Residential Projects. For residential subdivision projects containing 50 or fewer dwelling units or for non-subdivision residential projects that are seeking a building permit for a project application that contains any number of net new dwelling units, the project shall pay a park fee pursuant to Subsection E. Applicants may choose to dedicate land or new park and recreational facilities, and/or improve existing park and recreational facilities in lieu of payment of a park fee.

   3.   Exemptions. The following types of development shall not be required to pay a park fee:

   (a)   Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created.

   (b)   Replacement of existing dwelling units on the same lot resulting in no net increase of residential dwelling units.

   (c)   The replacement of a destroyed or partially destroyed or damaged building or structure where no additional dwelling units are created.

   (d)   Affordable housing pursuant to Subsection G. of this Section.

   (e)   Accessory Dwelling Units and Junior Accessory Dwelling Units. (Amended by Ord. No. 186,481, Eff. 12/19/19.)

   (f)   Non-residential development.

   D.   Residential Subdivision Projects That Contain More Than 50 Dwelling Units.

   1.   Early Consultation. Applicants shall meet with the Department of Recreation and Parks and Department of City Planning staff in advance of submitting a tract map application for a project of more than 50 units. The purpose of this early consultation is to discuss whether the City requires land dedication for the project and/or to discuss credits available to the applicant, if any. The Department of Recreation and Parks shall provide written verification of the consultation to the project applicant within ten (10) business days of the meeting. Written verification of this consultation shall be required before the Department of City Planning accepts an application for a tentative tract map.

   2.   Formula for Park Land Dedication.

   (a)   The Department of Recreation and Parks shall calculate the amount of land to be dedicated by determining the number of non- exempt (per Section 12.33 C.3.) net new dwelling units in the proposed project and multiply that number by the average number of people per occupied dwelling unit and multiplying that by the park service factor:

LD = (DU x P) x F

LD:   Land to be dedicated in acres.

DU:   Total number of new market-rate dwelling units.

P:   Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. Census for the City of Los Angeles.

F:   Park service factor, as indicated by the Department of Recreation and Parks rate and fee schedule.

   (b)   Any land dedication for park and recreation purposes shall not be deducted from a site’s gross lot area for the purposes of calculating project density, lot area, buildable area or floor area ratio.

   (c)   If after recording the final map there is an increase in the number of dwelling units to be built or a change in the number and/or type of dwelling units designated which increases the number of persons served by the subdivision, the project applicant shall be required to dedicate additional land and/or pay additional fees, as determined by the Department of Recreation and Parks and the City Planning Department.

   3.   Park Land Dedication Radius. Any land dedication for park and recreation purposes shall be located within a certain radius from the project site, as specified below:

   (a)   Neighborhood Park: within a 2-mile distance

   (b)   Community Park: within a 5-mile distance

   (c)   Regional Park: within a 10-mile distance

   4.   Review of Land Dedication.

   (a)   Upon receiving the project application for the tentative tract map, the Department of City Planning shall transmit the project application with land dedication to the Department of Recreation and Parks.

   (b)   After receipt of the project application, the Department of Recreation and Parks shall determine whether the land dedication proposal complies with the Department of Recreation and Park’s existing park and recreation standards and requirements.

   (c)   If the Department of Recreation and Parks determines that the land dedication proposal meets the standards and requirements of the department, the General Manager of the Department of Recreation and Parks shall prepare a report to the Board of Recreation and Parks Commissioners regarding the proposed dedication. The Board of Recreation and Parks Commissioners may accept or decline the land dedication.

   5.   Payment of Park Fee. If the project will not be dedicating land for park and recreational purposes, the project applicant shall pay a park fee pursuant to Subsection E. of this section.

   E.   Park Fees for Non-Subdivision Residential Projects, Residential Subdivisions With 50 Units or Fewer, or Residential Subdivisions With More Than 50 Units That Are Not Dedicating Land.

   1.   Fees and Fee Schedule. The park fee amount depends on the type of project. The Department of Recreation and Parks shall collect these fees pursuant to Section 19.17 and the Department of Recreation and Parks rate and fee schedule.

   2.   Fee Calculation. The Department of Recreation and Parks shall calculate the amount of the park fee due for each residential development project by determining the number of new non-exempt (pursuant to Section 12.33 C.3.) dwelling units in the proposed project and multiplying the number of units by the park fee amount per dwelling unit according to the following formula:

Project Park Fee = DU x PRF

   DU:   Total number of new, non-exempt (per Section 12.33 C.3.) dwelling units.

   PRF:   Park Fee per unit.

   3.   Fee Expenditure Radius. Recreational sites and facilities shall be located within a certain radius from the project site, as specified below:

   (a)   Neighborhood park: within a 2-mile distance.

   (b)   Community park: within a 5-mile distance.

   (c)   Regional park: within a 10-mile distance.

   4.   Phase-in Period. The park fee shall be phased in as described in Section 19.17 of this Code.

   5.   Indexing. Any fee imposed by this Section shall be adjusted on July 1st of each year by a percentage equal to a weighted average of the annual percentage change in: (1) the Construction Cost Index for Los Angeles, as published by Engineering News Record, or its successor publication, for the 12 month period between March in the year in which the adjustment is made and the month of March in the immediately preceding year; and (2) the annual percentage change in the Median Home Sales Price for the City of Los Angeles, as published by Dataquick News, or its successor publication, for the 12-month period between March in the year in which the adjustment is made and the month of March in the immediately preceding year.

   6.   Fee Payment Timing.

   (a)   Residential Subdivision Projects. The park fee for residential subdivisions shall be calculated and collected prior to final subdivision map approval.

   (b)   Residential Non-Subdivision Projects. For other residential development projects, the park fee shall be calculated and collected prior to the issuance of the Certificate of Occupancy.

   F.   Park Fee as Additional Requirement. The park fee enacted by this Section is a fee imposed on residential development projects reflecting each project’s proportionate share of the cost of providing park land and improvements necessary to meet the needs created by each respective development. As such, the park fee is additional and supplemental to, and not in substitution of, on-site open space requirements required by the City’s Municipal Code, specific plan(s), or any other planning document, such as those included in Section 12.21.

   G.   Affordable Housing Exemption.

   1.   Notwithstanding any other provision contained in this section, new residential dwelling units which are rented or sold to persons or households of very-low, low or moderate income shall receive an affordable housing exemption from the park fee and land dedication requirement.

   (a)   An affordable housing unit shall receive an exemption from the requirement for dedication of land for park and recreational purposes and/or payment of the park fee if the affordable housing unit is affordable to a household at or below 120% of AMI.

   (b)   In projects with a mix of market-rate and affordable housing units, only the affordable housing units shall receive this exemption.

   2.   For any affordable housing unit qualifying for an exemption, 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 years from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. (Amended by Ord. No. 187,122, Eff. 8/8/21.)

   3.   The Los Angeles Housing Department shall evaluate the project application to ensure it meets the above requirements and shall advise the Department of Recreation and Parks and the Department of City Planning about whether the project meets those requirements. (Amended by Ord. No. 187,122, Eff. 8/8/21.)

   4.   Should any qualifying affordable housing unit cease to operate as a qualifying affordable housing unit before the 55-year period has expired, then the parks fee for each said unit shall be paid to the City at the then current rate.

   H.   Credits.

   1.   Public Land Dedication or Improvement to Dedicated Land.

   (a)   Public Land Dedication. In lieu of paying the park fee, land may be dedicated to the City of Los Angeles for public park and recreational purposes, at the City’s option. This may be with or without recreational facility improvements. The amount of land to be dedicated shall be determined pursuant to one of the following formulas, and credit shall be granted, square foot for square foot, for any land dedicated to the City:

Subdivision Projects:

LD = (DU x P) x F1

LD:   Land to be dedicated in acres.

DU:   Total number of net new, non-exempt (per Section 12.33 C.3.) dwelling units.

P:   Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. Census for the City of Los Angeles.

F1:   Park service factor for subdivision projects, as indicated by the Department of Recreation and Parks rate and fee schedule.

Non-Subdivision Projects:

LD = (DU x P) x F2

LD:   Land to be dedicated in acres.

DU:   Total number of net new, non-exempt (per Section 12.33 C.3.) dwelling units.

P:   Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. Census for the City of Los Angeles.

F2:   Park service factor for non- subdivision projects, as indicated by the Department of Recreation and Parks rate and fee schedule.

   (b)   Improvement to Dedicated Land. In lieu of paying the park fee or dedicating land, the City may permit improvements to be made to land being dedicated as a City park or recreational facility.

   (c)   The total amount of credits shall not exceed 100 percent of the calculated requirement for the park fee or land dedication.

   (d)   Credit shall be granted for the property dedicated pursuant to this Section, dollar for dollar, in satisfaction of any park fee required to be paid. The cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by RSMeans Building Construction Cost Data or similar measure. Credits may be awarded for on-site or off-site land dedication and/or park improvements.

   (e)   The Department of Recreation and Parks shall determine whether the proposal complies with the department’s park and recreational standards and requirements. If the department determines the proposal meets the department’s standards and requirements, the General Manager of the Department of Recreation and Parks shall prepare a report to the Board of Recreation and Parks Commissioners regarding the proposed dedication or improvement. The Board of Recreation and Parks Commissioners may accept or decline the land dedication, new park and recreational facility, or improvement to existing park and facilities.

   (f)   If the dedication and/or improvement is accepted by the Board of Recreation and Parks Commissioners in lieu of the park fee or land dedication, or any portion thereof, the City shall reduce or waive the fee, or land dedication, or any portion thereof, upon dedication of the property and/or guarantee of the improvement. The guarantee of the improvement shall be to the satisfaction of the Department of Recreation and Parks and shall be by a deposit with the Department of Recreation and Parks of an irrevocable deposit instrument issued by a bank, savings and loan association or other depository whose deposits are insured by an instrumentality of the federal government. The deposit must be fully insured by such instrumentality. The deposit instrument must be in a form that permits collection by the City of Los Angeles at maturity without further consent of any other party.

   2.   Privately Owned Park and Recreational Facilities. Where facilities for park and recreational purposes are provided in a proposed residential development and such facilities will be privately owned and maintained by the future owners of the development, the areas occupied by such facilities shall be partially credited against the requirement of dedication of land for park and recreational purposes of the payment of a park fee thereof, provided that the following standards are met to the satisfaction of the Department of Recreation and Parks: (1) that each facility is available for use by all the residents of the residential development; and (2) that the area and the facilities satisfy the recreation and park needs of the residential development so as to reduce the need for public recreation and park facilities to serve the project residents.

   (a)   The amount of credits for non-publicly accessible park and recreational facilities shall not exceed 35 percent of the calculated requirement for the park and recreation impact fee or land dedication. Credits may be awarded for on-site or off-site private facilities.

   (b)   The amount of credits for publicly accessible, privately maintained park and recreational facilities shall not exceed 100 percent of the calculated requirement for the park and recreation impact fee or land dedication. Credits may be awarded for on-site or off-site private facilities.

   (c)   Private park and recreational facilities shall include a variety of active and passive amenities, as determined by the Department of Recreation and Parks.

   (d)   Credit shall be granted, dollar for dollar, for any recreational and park impact fees required to be paid for the property pursuant to this Section, as determined by the Department of Recreation and Parks. The cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by RSMeans Building Construction Cost Data or similar.

   (e)   Credits shall not be given for the following:

   (1)   Yards, court areas, setbacks and other open space areas required to be maintained by the City’s Municipal Code, specific plan or any other planning document.

   (2)   Common open space and/or private open space required by the City’s Municipal Code, specific plan(s), or any other planning document, such as those included in Section 12.21.

   (f)   The granting of credits shall also be subject to the following:

   (1)   The private ownership and maintenance of the facilities shall be adequately provided for by written agreements; and

   (2)   The use of the private facilities, whether publicly or non-publicly accessible, is restricted for park and recreational purposes by recorded covenants acceptable to the Department of Recreation and Parks which run with the land and which cannot be defeated or eliminated without the consent of the City Council; and

   (3)   The proposed facilities are reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and

   (4)   The proposed non-public facilities are available for use by all the residents of the proposed residential development; and

   (5)   Any proposed publicly- accessible, privately-maintained park and recreational facilities are accessible for use by the general public with no discrimination between residents and non-residents, are open at hours comparable to those of City parks and facilities, and have appropriate signage indicating that the space is public; and

   (6)   The facilities are in substantial accordance with, and meet the policies and standards for, the development of park and recreational facilities.

   3.   Dwelling Unit Construction Tax Credit. A credit shall be allowed whenever a dwelling unit construction tax previously has been paid pursuant to Section 21.10.3 of the Municipal Code for dwelling units constructed on land for which a fee is required to be paid in accordance with the provisions of this Section. Said credit shall be equal to the amount of the tax previously paid, but shall not exceed the amount of any fee required to be paid under the provisions of this Section.

   4.   Credit Request Timing. The project applicant shall submit any requests for credit, and the Department of Recreation and Parks may only approve such requests, prior to the approval of the Final Map or prior to the date of final inspection, or the date of the Certificate of Occupancy, whichever is earliest and applicable, and prior to the dedication of any land or payment of any park fee.

   I.   Park Fee Account and Accounting.

   1.   Park Fee Account. The City of Los Angeles establishes a separate park and recreation fee trust fund account (hereinafter “account”) to which any park fee collected by the City shall be posted. The funds of the account shall not be commingled with any other funds or revenues of the City. Any interest accrued by the account shall be used solely for the purposes of park and recreational facility acquisition, expansion and improvement.

   2.   Park Fee Accounting. Within 180 days after the last day of each fiscal year, the Department of Recreation and Parks shall report to the Board of Commissioners of Recreation and Parks on the amount of the fee income (including interest income), expenditures, status of the trust fund account, and intrafund transfers. The Department of Recreation and Parks shall also report on each of the park and recreational facilities on which fees were committed in the last fiscal year and the approximate date by which the construction of the park and recreational facilities will commence. The City shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 or successor section.

   3.   Refund of Fees Under the Government Code.

   (a)   Park fees collected pursuant to this section shall be committed by the City within five years of receipt of payment for a residential development project to serve or benefit residents of the project for which the fees were collected.

   (b)   If the fees are not committed as specified in this section, Quimby fees shall be refunded in accordance with California Government Code Section 66477 or successor section. All other park fees shall be refunded in accordance with California Government Code Section 66001 or successor section.

   4.   Other Refunds. In the event that an applicant requests a refund for reasons not set forth in Government Code Sections 66001 or 66477, or their successor sections, if any, the applicant shall submit a claim for a refund with the Department of Recreation and Parks. Upon the department’s determination, the fee payer may receive a refund, without interest, of the fees paid pursuant to this section; however, the portion of any fee revenue received by the City as reimbursement of its costs in administering the provisions of this section shall not be refunded. The fee payer shall submit an application for a refund to the City within one year of payment. Failure to timely submit the required application for refund shall constitute an absolute waiver of any right to the refund.

   J.   Use of Park Fees or Lands Dedicated Pursuant to this Section.

   1.   The dedicated lands or park fees collected pursuant to this section shall be used for the acquisition, improvement and expansion of public parks and recreational facilities. The fees shall be committed and expended in accordance with the provisions and procedures established in this section. The park fee may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by, or on behalf of, the City to finance such park and recreational facility improvements; and any administrative costs incurred by the City in accordance with this section.

   2.   Interest accrued on Quimby in-lieu fees collected pursuant to this section may be applied outside the project development for which the original fees were collected, provided that the Department of Recreation and Parks holds a public hearing prior to committing the interest, and uses the interest to develop new or rehabilitate existing neighborhood or community parks or recreational facilities within the City. All such public parks and recreational facilities shall comply with the principles and standards set forth in the General Plan.

   3.   All such public parks and recreational facilities shall comply with the principles and standards set forth in the General Plan.

   4.   The park or recreational facilities acquired, improved or expanded shall be publicly accessible and serve or benefit the project that dedicated the land or paid the fees.

   K.   Effective Date.

   1.   This ordinance shall take effect on the 60th day following its adoption.

   2.   Any park fee paid prior to the effective date of this ordinance shall not be recalculated pursuant to the provisions of this ordinance.

   3.   Any project that would otherwise be subject to a park fee pursuant to this section but has acquired vested rights under Section 12.26 A.3. of this Code prior to the effective date of this ordinance, and/or has an approved vesting tentative map pursuant to Section 17.15, the application for which has been deemed complete prior to the effective date of this ordinance, shall not be subject to a park fee.

   4.   Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit project where the park fee has not yet been paid and a Certificate of Occupancy has not been issued by the Department of Building and Safety prior to the effective date of this ordinance shall not be subject to a park fee. (Added by Ord. No. 186,481, Eff. 12/19/19.)

   L.   Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance 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.

SEC. 12.34. APPLICATION OF PROVISIONS.

   The provisions of this chapter shall apply to all buildings, structures or land owned, operated or controlled by any person, Corporation or to the extent permitted by law, governmental agency. (Amended by Ord. No. 142,870, Eff. 3/9/72.)

SEC. 12.35. ZONING OF ANNEXED OR UNZONED AREAS.

   (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)

   All land or territory annexed to the City after the effective date of this section shall be immediately classified in the R1 Zone and in Height District No. 1 (R1-1) unless the Council specifically determines otherwise by ordinance. The Council may establish specific zoning by ordinance for land or territory to be annexed. The zoning ordinance may be adopted concurrently with the annexation. Unless the specific zoning is established by ordinance, the Zoning Map shall be amended to indicate the land or territory annexed as R1-1 without additional proceedings.

   Any land or territory in the City which is not indicated on the Zoning Map as being in any zone shall be construed as being classified in the same zone as that existing on the side of the street opposite the subject land or territory, and the Zoning Map is hereby amended to indicate that zone without additional procedure.

   In those portions of the City where height districts have been established, any land or territory which is not indicated on the Zoning Map as being in any height district shall be construed as being classified in the same height district as that existing on the side of the street opposite the subject land or territory, and the Zoning Map is hereby amended to indicate that height district without additional procedure.

   Where uncertainty exists as to the zone or height district to be indicated on the map, the zone or height district shall be determined by the City Planning Commission by written decision.