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(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.
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.
(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.
SEC. 12.36. PROJECTS REQUIRING MULTIPLE APPROVALS. (CHARTER § 564).
(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.2.10. (Multiple Approvals) of Chapter 1A of this Code.
(Title amended by Ord. No. 150,799, Eff. 6/5/78.)
A. Requirement. No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot in any R3 or less restrictive zone (as such order of restrictiveness is set forth in Subsection B. of Section 12.23); or on any lot in the RD1.5, RD2 or RD3 Zones; if such lot abuts a major or secondary highway or collector street unless the one-half of the highway or collector street which is located on the same side of the center of the highway or collector street as such lot has been dedicated and improved for the full width of the lot so as to meet the standards for such highway or collector street provided in Subsection H. of this section; and further provided that in the case of either a corner lot or an L- shaped interior lot abutting a major or secondary highway and a local street which intersect, that one-half of the local street, on the same side of the center of said local street as such lot, has been dedicated and improved for that portion of said lot or lots within 300 feet of the ultimate property line of said highway so as to meet the standards for local streets provided in Subsection H. of this section and provide adequate right-turn ingress to and egress from the highway; or such dedication and improvement has been assured to the satisfaction of the City Engineer respectively. As used in this section, the Center/Control line of the arterial or collector street shall mean the center of those arterial or collector streets as shown on the Citywide Circulation System Map of the Circulation Element of the General Plan or, with respect to collector streets, on the adopted community plans of the Land Use Element of the General Plan on file in the offices of the Department of City Planning. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
1. The maximum area of land required to be so dedicated shall not exceed 25% of the area of any such lot which was of record on March 1, 1962 in the Los Angeles County Recorder’s Office. In no event shall such dedication reduce the lot below a width of 50 feet or an area of 5,000 square feet.
2. No such dedication for any highway, collector street or any other street shall be required with respect to those portions of such a lot occupied by a legally existing main building which is to remain.
3. No additional improvement shall be required on such a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto.
4. No building or structure shall be erected on any such lot after March 1, 1962 within the dedication required by Subsection H. of this section.
5. No dedication shall be required where the existing right-of-way is equal to or greater than the street standard, even where the improved sidewalk does not meet the standard dimension. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
6. Where the existing improved roadway meets or exceeds the street standard, no dedication shall be required except as necessary to bring the abutting sidewalk dimension into compliance with the street standard as depicted in the most recent version of the Bureau of Engineering’s standard plan number S470. (Added by Ord. No. 184,718, Eff. 3/4/17.)
7. Nothing herein shall preclude the decision maker on a discretionary entitlement from requiring a dedication or improvement greater than what is set forth in this section, if the decision maker determines that a greater dedication or improvement bears an essential nexus and rough proportionality to a project impact. (Added by Ord. No. 184,718, Eff. 3/4/17.)
8. For streets accompanied by a parallel frontage and/or service road and for streets designated as divided streets, existing roadway dimensions are deemed to be in compliance with the street standards and no additional dedication or improvement is required. A dedication for sidewalk improvement shall be required, however, as necessary to bring the abutting sidewalk dimension into compliance with the street standard. (Added by Ord. No. 184,718, Eff. 3/4/17.)
9. Additional dedication and improvement requirements may be imposed in order to ensure compliance with the Americans with Disabilities Act. (Added by Ord. No. 184,718, Eff. 3/4/17.)
10. Notwithstanding the above, in order to obtain street consistency, the Bureau of Engineering on a by-right project, or the decision maker on a discretionary entitlement, may modify this section’s dedication and improvement requirements for meandering streets or portions of streets that lack uniform roadway widths, including for divided streets, and streets accompanied by a parallel frontage and/or service road. (Added by Ord. No. 184,718, Eff. 3/4/17.)
The guidelines developed by Streets Standards Committees shall be consistent with the goals and purpose of the Transportation Element of the General Plan as determined by the City Planning Commission. These guidelines shall also establish a procedure for notice to interested persons, including the Council-member of the district where the property is located.
B. Exceptions. (Amended by Ord. No. 172,315, Eff. 12/31/98.) The provisions of Subsection A. of this section shall not apply to the following construction projects:
1. One single-family dwelling with customary accessory buildings when erected on a vacant lot.
2. Additions and accessory buildings incidental to a legally existing residential building, provided no additional dwelling units or guest rooms are created.
3. Additions and accessory buildings incidental to a legally existing non-residential building, provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed 500 square feet.
C. Dedication Procedure.
1. Any person required to dedicate land by the provisions of this section shall make an offer to dedicate, properly executed by all parties of interest including beneficiaries in deeds of trust as shown by a current preliminary title report prepared by a Title Company approved by the City Engineer for that purpose. The trustee under a deed of trust shall not be required to execute the dedicatory instrument, unless, in the view of the City Engineer, such execution is necessary to satisfactorily dedicate the land. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the City Attorney and the City Engineer; be in such terms as to be binding on the owner, the owner’s heirs, assigns or successors in interest and shall continue until the City Council accepts or rejects such offer or until one year from the date such offer is filed with the City Engineer for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the City Council. The offer shall be recorded by the City Engineer in the Office of the County Recorder of Los Angeles County upon its acceptance by the City Engineer. The City Engineer shall accept or reject the offer for recordation within 10 days after it is filed with the City Engineer. The offer shall thereafter be promptly processed by the City Departments concerned and submitted to the City Council, in order to complete the dedication within one year. If the offer is rejected by the City Council or not processed within one year, the City Engineer shall issue a release from such offer which shall be recorded in the Office of the County Recorder unless the parties making the offer wish to have the time extended. (Amended by Ord. No. 152,425, Eff. 6/29/79, Oper. 7/1/79.)
D. Improvement Procedure.
1. Any person required to make improvements by the provisions of this section shall either make and complete the same to the satisfaction of the City Engineer or shall file with the City Engineer a bond in such an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required.
2. Such bond may be either a cash bond or a bond executed by a company authorized to act as a surety in this State. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the City may at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State of California.
3. Whenever the owner elects to deposit a cash bond, the City is authorized, in the event of any default on the owner’s part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.
4. When a substantial portion of the required improvement has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner’s control, the City Engineer may accept the completed portion and consent to a proportionate reduction of the surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.
5. Whenever a surety bond has been filed in compliance with this section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.
6. The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.
7. For purposes of this section, improvement shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to the City Engineer’s satisfaction. When the City Engineer accepts the bond or the work has been completed to the City Engineer’s satisfaction, the City Engineer shall notify the Department of Building and Safety thereof.
E. Issuance Of Building Permits After Certification Of Dedication And Improvement. When all dedication and improvements required by this section have been completed or satisfactorily assured a building permit may be issued.
F. Fees. (Amended by Ord. No. 184,718, Eff. 3/4/17.) In addition to all other required fees, the following fees shall be charged for services provided for processing applications pursuant to the provisions of this section:
1. A nonrefundable fee as set forth in Section 11.12 for every property requiring the City Engineer to investigate and determine whether the provisions of this section require a dedication of land or improvement to land.
2. A fee as set forth in Section 11.12 for Bureau of Engineering services for processing real estate transfer documents for every property for which the provisions of this section require a dedication of land.
3. A nonrefundable fee in the amount of $1,970 paid to the Department of City Planning for processing waiver requests pursuant to the provisions of Subsection I. of this section.
4. A nonrefundable fee of $1,570 paid to the Department of City Planning for processing appeals pursuant to the provisions of Subsection I. of this section.
G. Lots Affected By Street Widening. (Amended by Ord. No. 125,340, Eff. 9/23/63.) On a lot which is affected by street widening required by the provisions of this section all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by said widening; provided, however, that for the purpose of establishing the required front yard depth on a frontage where the ultimate street line has been determined under the provisions of this section, the depths of all existing front yards may be measured from such ultimate street line instead of the front lot line.
In applying all other provisions of this Article, the area of such lot shall be considered as that which existed immediately prior to such required street widening.
H. Improvement Standards. (Amended by Ord. No. 150,799, Eff. 6/5/78.)
1. All arterial and collector streets shall be constructed and improved in accordance with the standards adopted by the City Planning Commission pursuant to LAMC 17.05 B. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
2. (Amended by Ord. No. 173,217, Eff. 6/11/00.) All streets not designated major or secondary highways or collector streets, but that intersect said highways, shall be dedicated to a maximum width of sixty (60) feet. Roadway and parkway widths shall conform to those standards adopted by the City Planning Commission in accordance with LAMC 17.05 B., depending upon street classification type. Whenever uncertainty exists as to the application of the provisions of this section, or in instances of streets so classified as requiring less than 60 feet of dedication in order to conform to the minimum width standards as adopted in accordance with Section 17.05 B. of this Code, the City Engineer shall make any necessary determinations.
3. All improvements required to be made by the provisions of this subsection shall be done in accordance with the current applicable provisions of the Standard specifications for Public Works Construction adopted by the City Council.
4. The City Engineer may approve and allow such variations from the aforesaid requirements as the City Engineer determines are made necessary by the conditions of the terrain and the existing improvements contiguous to the property involved.
I. Waiver and Appeals. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
1. This subdivision shall constitute the exclusive mechanism for waivers and appeals of dedication and improvement requirements under this section. Waivers of dedication or improvement requirements may not be granted by City Council motion.
2. Waivers for By-Right Projects. Any person seeking a waiver of this section’s dedication or improvement requirements for a project that does not require a discretionary entitlement shall file an application for a waiver with the Director of Planning.
(a) Notice. Within 10 calendar days of the receipt of an application for a waiver, the Director shall mail notice of the requested waiver to the following individuals and entities with a notice that all comments shall be submitted to the Director no later than 14 calendar days following mailing of the notice:
(1) Owners of property across the street or alley from the subject property;
(2) Owners of property with frontage along the same street that has a common corner with or that abuts the subject property;
(3) Owners of property with frontage along the same street that has a common corner with or that abuts any properties listed in Subparagraphs (1) and (2) above;
(4) The Council member of the district where the subject property is located; and
(5) The Department of Transportation and Bureau of Engineering.
(6) Notification pursuant to this section shall also be provided to Advisory Agency members for waivers that requires the modification of a Map.
a. Any person seeking a waiver that requires a modification of a Map shall submit a map modification request and payment of map modification fees to the Bureau of Engineering as required by Section 17.11.
(b) Findings. The Director may waive, reduce or modify the required dedication or improvement as appropriate after making any of the following findings, in writing, based on substantial evidence in the record:
(1) The dedication or improvement requirement does not bear a reasonable relationship to any project impact.
(2) The dedication or improvement is not necessary to meet the City’s mobility needs for the next 20 years based on guidelines the Streets Standards Committee has established.
(3) The dedication or improvement requirement is physically impractical.
(c) Written Determination. The Planning Director shall issue a determination regarding the request no sooner than 15 calendar days following mailing of the notice described above, and no later than 75 days from receipt of the waiver application, or within any additional period mutually agreed upon by the applicant and the Planning Director. The Planning Director shall mail the determination letter to all individuals to whom notice of the application was provided.
(d) Appeal. Any person required to dedicate land or make improvements pursuant to this section may appeal the Planning Director’s decision to the Area Planning Commission. The appeal shall be filed within 15 calendar days of the date of mailing of the Planning Director’s determination letter. Such appeal shall be made in writing, shall be filed at the Department of City Planning’s public counter, shall state in clear and concise language the grounds for the appeal, and shall be accompanied by a filing fee in the amount specified above.
(1) Before acting on any appeal, the Area Planning Commission shall set the matter for a hearing, giving at least 15 calendar days’ notice to the individuals identified in Paragraph 2.(a) above.
(2) On appeal, the Area Planning Commission shall consider the waiver request de novo based on the findings set forth in Subdivision 2.(b) above. The Area Planning Commission shall act to approve or deny the appeal within 75 calendar days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the Area Planning Commission.
3. Waivers for Discretionary Projects. For projects that require a discretionary entitlement, an applicant shall file a waiver request as part of the master land use application or subdivider’s statement for the project. In such case, the decision maker for the discretionary entitlement shall process the waiver request pursuant to the procedures established for the discretionary entitlement, but may only grant a waiver after making one of the required findings set forth in Subdivision 2.(b) above. The waiver request must be set forth in the application filed with the Department of City Planning, and may not be raised for the first time at the hearing on the entitlement or at any entitlement appeal hearing. The applicant may appeal the waiver determination pursuant to the same procedures that govern the entitlement; except in the case of projects that include a tentative map, the waiver determination is subject to only one level of appeal. On appeal, the decision maker shall consider the waiver request de novo based on the findings set forth in Subdivision 2.(b) above.
If the discretionary entitlement(s) for a project have already been approved prior to the effective date of this ordinance, an applicant may apply for a waiver following the procedures for waivers for by-right projects set forth above.
4. Waivers for a Map Modification. Notwithstanding the Parcel, Tentative or Final Tract Map modification procedures set forth in 17.11, 17.14, 17.53 or 17.59, projects that have an approved and/or recorded Map and where the street standards for which the original dedication and/or improvements were revised after the Map was either approved and/or recorded may apply for a waiver from a street dedication and/or improvement using the Waivers for By-Right Projects process described in Section 12.37 I.2., with the Director acting for the Advisory Agency.
5. Exceptions. Projects located in a Hillside area that seek to obtain a waiver from a required street dedication and/or improvement shall continue to use the procedures described in Sections 12.24 X.21. and X.28. as applicable.
6. Authority of the City Engineer. Notwithstanding any other requirement of this Code, the City Engineer may waive or modify any condition of approval or other obligation related to right-of-way improvement or dedication consistent with the Circulation Element of the City’s General Plan without requiring any discretionary entitlement, including, but not limited to, a modification under Sections 12.37 I.4. and 17.14. Nothing in this section is intended to relieve applicants and the City of compliance with the Subdivision Map Act and state law.
J. City May Share The Cost Of Making Unusual Improvements. Upon proper application to the City Council and upon recommendation of the City Engineer, the City may accept and provide for contribution toward the cost of making any improvement required by the provisions of this section which the City Engineer determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this section in the immediate vicinity of the said improvement.
K. City Engineer To Determine Street Alignment. Whenever uncertainty exists as to the proper application of the provisions of this section in the matter of street alignment, the City Engineer shall determine their application in conformity with the spirit and intent of this section. (Added by Ord. No. 125,340, Eff. 9/23/63.)
L. Written Notification To Permit Applicants Required. When the City Engineer determines that the provisions of this section are applicable to any building permit application, the City Engineer shall inform the permit applicant of the City Engineer’s determination, of the specific requirements of this Section which the City Engineer determines to be applicable thereto and of the availability and procedure for appeal of the City Engineer’s determination to the City Council. (Amended by Ord. No. 153,949, Eff. 7/19/80.)
(Added by Ord. No. 157,737, Eff. 7/25/83.)
A. Eligibility. A lessee holding a parcel of real property under a long term lease may offer to dedicate or convey a street easement for the term of the lease only in satisfaction of the requirements of Section 12.37
of this Code providing the following conditions are met.
1. Such lease is of record in the office of the County Recorder, and the lessee certifies under penalty of perjury that, except for the rental provided for by such lease, the owners will receive no financial benefit or other income from the proposed development during the term of the lease.
2. The area of real property to be so dedicated will be used for sidewalk only, and not for vehicular traffic and not for the installation of any subsurface or above surface lines, pipes, or other public or private utility facilities, except for such facilities which will connect from the fully dedicated streets into the buildings to be constructed.
3. That notwithstanding that the adjacent public street is fully improved with all improvements as specified in Section 12.37 A.3., the sidewalk will be fully constructed and all other necessary or desirable public improvements in the adjacent street will be fully constructed by the lessee as a part of its development on the leasehold estate, and the lessee shall post the requisite bonds to guarantee such construction, and
4. The total value of the improvements to be constructed for which the dedication is required is $3,000,000.00 or more, as determined by the Department of Building and Safety.
B. Dedication Document. The dedication of the leasehold estate for street purposes pursuant to this section shall be a form of deed making specific reference to the document creating the leasehold estate and the deed shall convey only the leasehold rights. The City Engineer is authorized to accept such deeds and place same of record with the County Recorder of Los Angeles County without further authority of the City Council, upon the approval of such deed as to form by the City Attorney. Dedication of a leasehold estate for street purposes shall not be approved and no building shall issue if the City Attorney determines that the granting of such public right will cause a forfeiture or termination of the leasehold rights in the area to be dedicated.
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