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FOREWORD
CHAPTER I GENERAL PROVISIONS AND ZONING
GENERAL PLANNING DEPARTMENT INFORMATION
ARTICLE 1 GENERAL PROVISIONS
ARTICLE 1.2 ADMINISTRATIVE CITATIONS
ARTICLE 1.5 PLANNING - COMPREHENSIVE PLANNING PROGRAM
ARTICLE 2 SPECIFIC PLANNING - ZONING - COMPREHENSIVE ZONING PLAN
SEC. 12.00. TITLE.
SEC. 12.01. CONTINUATION OF EXISTING REGULATIONS.
SEC. 12.02. PURPOSE.
SEC. 12.03. DEFINITIONS.
SEC. 12.04. ZONES - DISTRICTS - SYMBOLS.
SEC. 12.04.01. VIOLATIONS OF SPECIFIC PLANS.
SEC. 12.04.05. “OS” OPEN SPACE ZONE.
SEC. 12.04.09. “PF” PUBLIC FACILITIES ZONE.
SEC. 12.05. “A1” AGRICULTURE ZONE.
SEC. 12.06. “A2” AGRICULTURAL ZONE.
SEC. 12.07. “RA” SUBURBAN ZONE.
SEC. 12.07.01. “RE” RESIDENTIAL ESTATE ZONE.
SEC. 12.07.1. “RS” SUBURBAN ZONE.
SEC. 12.08. “R1” ONE-FAMILY ZONE.
SEC. 12.08.1. RU RESIDENTIAL URBAN ZONE.
SEC. 12.08.3. RZ RESIDENTIAL ZERO SIDE YARD ZONE.
SEC. 12.08.5. “RW1” RESIDENTIAL WATERWAYS ZONE.
SEC. 12.09. “R2” TWO-FAMILY ZONE.
SEC. 12.09.1. “RD” RESTRICTED DENSITY MULTIPLE DWELLING ZONE.
SEC. 12.09.3. “RMP” MOBILEHOME PARK ZONE.
SEC. 12.09.5. “RW2” RESIDENTIAL WATERWAYS ZONE.
SEC. 12.10. “R3” MULTIPLE DWELLING ZONE.
SEC. 12.10.5. RAS3 RESIDENTIAL/ACCESSORY SERVICES ZONE PURPOSE STATEMENT.
SEC. 12.11. “R4” MULTIPLE DWELLING ZONE.
SEC. 12.11.5. RAS4 RESIDENTIAL/ACCESSORY SERVICES ZONE PURPOSE STATEMENT.
SEC. 12.12. “R5” MULTIPLE DWELLING ZONE.
SEC. 12.12.1. “P” AUTOMOBILE PARKING ZONE.
SEC. 12.12.1.5. “PB” PARKING BUILDING ZONE.*
SEC. 12.12.2. “CR” LIMITED COMMERCIAL ZONE.
SEC. 12.13. “C1” LIMITED COMMERCIAL ZONE.
SEC. 12.13.5. “C1.5” LIMITED COMMERCIAL ZONE
SEC. 12.14. “C2” COMMERCIAL ZONE.
SEC. 12.16. “C4” COMMERCIAL ZONE.
SEC. 12.16.1. “CW” CENTRAL CITY WEST SPECIFIC PLAN ZONE.
SEC. 12.16.2. ADP ALAMEDA DISTRICT SPECIFIC PLAN ZONE.
SEC. 12.16.3. LASED LOS ANGELES SPORTS AND ENTERTAINMENT DISTRICT SPECIFIC PLAN ZONE.
SEC. 12.16.4. CEC CONVENTION AND EVENT CENTER SPECIFIC PLAN ZONE.
SEC. 12.16.5. USC-1A UNIVERSITY OF SOUTHERN CALIFORNIA UNIVERSITY PARK CAMPUS SPECIFIC PLAN SUBAREA 1A ZONE.
SEC. 12.16.6. USC-1B UNIVERSITY OF SOUTHERN CALIFORNIA UNIVERSITY PARK CAMPUS SPECIFIC PLAN SUBAREA 1B ZONE.
SEC. 12.16.7. USC-2 UNIVERSITY OF SOUTHERN CALIFORNIA UNIVERSITY PARK CAMPUS SPECIFIC PLAN SUBAREA 2 ZONE.
SEC. 12.16.8. USC-3 UNIVERSITY OF SOUTHERN CALIFORNIA UNIVERSITY PARK CAMPUS SPECIFIC PLAN SUBAREA 3 ZONE.
SEC. 12.16.9. PVSP PONTE VISTA AT SAN PEDRO SPECIFIC PLAN ZONE.
SEC. 12.16.10. DNSP DISTRICT NOHO SPECIFIC PLAN ZONE.
SEC. 12.17. “C5” COMMERCIAL ZONE.
SEC. 12.17.1. “CM” COMMERCIAL MANUFACTURING ZONE.
SEC. 12.17.2. “CM(GM)” COMMERCIAL MANUFACTURING (GLENCOE/MAXELLA) SPECIFIC PLAN ZONE.
SEC. 12.17.5. “MR1” RESTRICTED INDUSTRIAL ZONE.
SEC. 12.17.5.5. “CCS” CENTURY CITY SOUTH SPECIFIC PLAN STUDIO ZONE.
SEC. 12.17.6. “M1” LIMITED INDUSTRIAL ZONE.
SEC. 12.18. “MR2” RESTRICTED LIGHT INDUSTRIAL ZONE.
SEC. 12.18.1. “WC” WARNER CENTER SPECIFIC PLAN ZONE.
SEC. 12.19. “M2” LIGHT INDUSTRIAL ZONE.
SEC. 12.19.1. LAX LOS ANGELES INTERNATIONAL AIRPORT ZONE.
SEC. 12.20. “M3” HEAVY INDUSTRIAL ZONE.
SEC. 12.20.1. SL OCEAN - SUBMERGED LAND ZONE.
SEC. 12.20.2. COASTAL DEVELOPMENT PERMITS (PRIOR TO CERTIFICATION OF THE LOCAL COASTAL PROGRAM.)
SEC. 12.20.2.1. COASTAL DEVELOPMENT PERMIT PROCEDURES AFTER CERTIFICATION OF THE LOCAL COASTAL PROGRAM.
SEC. 12.20.3. “HP” HISTORIC PRESERVATION OVERLAY ZONE.
SEC. 12.21. GENERAL PROVISIONS.
SEC. 12.21.1. HEIGHT OF BUILDING OR STRUCTURES.
SEC. 12.21.2. HEIGHT OF BUILDINGS OR STRUCTURES IN CENTURY CITY.
SEC. 12.21.3. HEIGHT OF BUILDINGS OR STRUCTURES IN COMMUNITY REDEVELOPMENT PLAN AREAS.
SEC. 12.21.4. HEIGHT OF BUILDINGS OR STRUCTURES IN ENTERPRISE ZONES.
SEC. 12.21.5. HEIGHT OF BUILDINGS OR STRUCTURES IN CENTERS STUDY AREAS.
SEC. 12.21.6. HEIGHT OF BUILDINGS OR STRUCTURES IN ALL R1V, R1F, AND R1R ONE-FAMILY ZONE VARIATIONS.
SEC. 12.22. EXCEPTIONS.
SEC. 12.22.1. CITY OF LOS ANGELES SAFER FILMING ORDINANCE.
SEC. 12.23. NONCONFORMING BUILDING AND USES.
SEC. 12.24. CONDITIONAL USE PERMITS AND OTHER SIMILAR QUASI-JUDICIAL APPROVALS.
SEC. 12.24.1. LAND USE DETERMINATION BY CITY PLANNING COMMISSION.
SEC. 12.25. TIME LIMITATIONS.
SEC. 12.26. DEPARTMENT OF BUILDING AND SAFETY.
SEC. 12.27. VARIANCES.
SEC. 12.27.1. ADMINISTRATIVE NUISANCE ABATEMENT PROCEEDINGS.
SEC. 12.28. ADJUSTMENTS AND SLIGHT MODIFICATIONS.
SEC. 12.29. VIOLATION OF CONDITIONS - PENALTY.
SEC. 12.30. BOUNDARIES OF ZONES.
SEC. 12.31. INTERPRETATION - PURPOSE - CONFLICT.
SEC. 12.32. LAND USE LEGISLATIVE ACTIONS.
SEC. 12.33. PARK FEES AND LAND DEDICATION.
SEC. 12.34. APPLICATION OF PROVISIONS.
SEC. 12.35. ZONING OF ANNEXED OR UNZONED AREAS.
SEC. 12.36. PROJECTS REQUIRING MULTIPLE APPROVALS. (CHARTER § 564).
SEC. 12.37. HIGHWAY AND COLLECTOR STREET DEDICATION AND IMPROVEMENT.
SEC. 12.38. DEDICATION OF STREETS BY LONG TERM LEASES.
SEC. 12.39. LOW AND MODERATE HOUSING.
SEC. 12.40. LANDSCAPE - GENERAL REQUIREMENTS.
SEC. 12.41. LANDSCAPE - WATER MANAGEMENT.
SEC. 12.42. LANDSCAPE.
SEC. 12.43. SOURCE REDUCTION OF WASTE.
SEC. 12.50. AIRPORT APPROACH ZONING REGULATIONS.
SEC. 12.70. ADULT ENTERTAINMENT ZONING.
SEC. 12.80. HOMELESS SHELTERS - EMERGENCIES - CITY OWNED AND LEASED PROPERTY.
SEC. 12.81. HOMELESS SHELTERS - EMERGENCIES - CHARITABLE ORGANIZATIONS.
SEC. 12.82. HOMELESS SHELTERS - EMERGENCIES - EL NIÑO 2016.
ARTICLE 2.9 CONDOMINIUMS, COMMUNITY APARTMENTS AND STOCK COOPERATIVES
ARTICLE 3 SPECIFIC PLAN - ZONING SUPPLEMENTAL USE DISTRICTS
ARTICLE 4 PUBLIC BENEFIT PROJECTS
ARTICLE 4.3 ELDERCARE FACILITY UNIFIED PERMIT PROCESS
ARTICLE 4.4 SIGN REGULATIONS
ARTICLE 4.5 TRANSFER OF FLOOR AREA RIGHTS - CENTRAL CITY COMMUNITY PLAN AND CITY CENTER REDEVELOPMENT PROJECT AREAS
ARTICLE 5 REFERRALS - LAND FOR PUBLIC USE
ARTICLE 6 LOCAL EMERGENCY TEMPORARY REGULATIONS
ARTICLE 6.1 REVIEW OF DEVELOPMENT PROJECTS
ARTICLE 7 DIVISION OF LAND REGULATIONS
ARTICLE 8 PRIVATE STREET REGULATIONS
ARTICLE 9 FEES
CHAPTER 1A CITY OF LOS ANGELES ZONING CODE
CHAPTER II* LICENSES, PERMITS, BUSINESS REGULATIONS
CHAPTER III PUBLIC HEALTH CODE
CHAPTER IV PUBLIC WELFARE
CHAPTER V PUBLIC SAFETY AND PROTECTION
CHAPTER VI PUBLIC WORKS AND PROPERTY
CHAPTER VII TRANSPORTATION
CHAPTER VIII TRAFFIC
CHAPTER IX BUILDING REGULATIONS
CHAPTER X BUSINESS REGULATIONS
CHAPTER XI NOISE REGULATION
CHAPTER XII THE WATER CONSERVATION PLAN OF THE CITY OF LOS ANGELES
CHAPTER XIII THE EMERGENCY ENERGY CURTAILMENT PLAN OF THE CITY OF LOS ANGELES
CHAPTER XV RENT STABILIZATION ORDINANCE
CHAPTER XVI HOUSING REGULATIONS
CHAPTER XVII RULES AND REGULATIONS GOVERNING THE USE OF THE LOS ANGELES AIRPORTS
CHAPTER XVIII EMPLOYEE WAGES AND PROTECTIONS
CHAPTER XIX ENVIRONMENTAL PROTECTION
CHAPTER XX COVID-19 PROTECTION AND RECOVERY*
TABLES
Los Angeles Planning and Zoning
Chapter 1A City of Los Angeles Zoning Code
Table of Amending Legislation for Chapter 1A
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SEC. 12.37. HIGHWAY AND COLLECTOR STREET DEDICATION AND IMPROVEMENT.
   (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.)
 
 
SEC. 12.38. DEDICATION OF STREETS BY LONG TERM LEASES.
   (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.
 
 
SEC. 12.39. LOW AND MODERATE HOUSING.
   (Repealed by Ord. No. 180,308, Eff. 12/7/08.)
 
 
SEC. 12.40. LANDSCAPE – GENERAL REQUIREMENTS.
   (Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
 
   A.   Purpose.
 
   1.   To bring greater order and certainty to the development process.
 
   2.   To respond to State-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and amelioration of air quality.
 
   3.   To increase the amount and quality of appropriate landscaping appurtenant to all land uses in the City.
 
   4.   To establish a minimum level of regulation that protects the public and at the same time allows for design flexibility.
 
   B.   Prohibitions. Notwithstanding any provisions of Chapter 1 of this Code to the contrary, the Department of Building and Safety shall not issue any building, grading, or use of land permit for any Project unless the Department of City Planning determines that the proposed landscaping will meet the provisions of Sections 12.40 through 12.43 of this Code and has been assured that any proposed landscaping will be installed.
 
   C.   Exceptions. The provisions of Sections 12.40 through 12.43 of this Code shall not apply to:
 
   1.   Any Project involving replacement of an earthquake hazardous building demolished as a result of an enforcement of the Earthquake Safety Ordinance (Division 88, Article 1, Chapter IX of the Los Angeles Municipal Code.)
 
   2.   Any Project for which a building permit is required
 
   (a)   in order to comply with an order issued by the Department of Building and Safety to repair an unsafe or substandard condition, or
 
   (b)   in order to rebuild as a result of destruction by fire, earthquake, or other natural disaster.
 
   3.   Any Project regulated by Subparagraph (i) of Section 12.04.05 B.1.(a) of this Code.
 
   4.   Any Project which has obtained a still-valid discretionary land use approval from the City prior to the operative date of this section, and which also required approval of landscape documents.
 
   5.   Any Project where plans were accepted by the Department of Building and Safety for plan check prior to the operative date of this ordinance. This exception does not apply to any Project where changes were later made to the Project which increase the gross square footage or number of parking spaces by more than five percent. This exception shall no longer be valid if construction is not commenced within one year of the date of issuance of the permit.
 
   6.   Any landscape that is designated a Historic- Cultural Monument.
 
   7.   Cemeteries.
 
   D.   Definitions. Whenever the following terms are used in Sections 12.40 through 12.43 they shall be construed as defined below. Words and phrases not defined herein shall be construed as defined in Sections 12.03, and in the Guidelines adopted by the City Planning Commission pursuant to Subsection F. below.
 
   Grass - Any relatively low-growing living ground cover of the family Poaceae (Graminae), usually mown. Includes, but is not limited to, members of the species Agropyron (Wheat Grass), Agrostis (Bent Grass, Redtop), Bouteloua (Blue Grama Grass), Buchloe (Buffalo Grass), Cynodon (Bermudagrass), Festuca (Fescue), Lolium (Rye Grass), Poa (Bluegrass), Stenotaphrum (St. Augustine Grass), Zoysia (Korean Grass). Does not include members of the family Poaceae (Graminae), that are usually not mown, such as members of the species Aristidia (Triple-Awned Grass), Miscanthus (Eulalia Grass), Muhlenbergia (Deer Grass).
 
   Landscape Practitioner - Any person licensed by the State of California to design, install or maintain landscape or irrigation systems. Any person specifically exempted by the State from the licensing requirements in the field of landscape or land management. Any owner who designs, installs or maintains landscaping or irrigation systems on the owner’s own property.
 
   Lawn Area - Any relatively low-growing, living, ground cover, typically (but not necessarily) mown, that will withstand foot traffic, and that requires dry- season irrigation greater than that required by Common Bermudagrass (Cynodon dactylon). Includes Dichondra and Clovers (Trifolium species.)
 
   Native (Plant) - Any (plant) species indigenous to the Los Angeles area existing before European settlement, as identified in James Hendrickson’s The Jepson Manual, or its successor standard reference, as adopted by the Director of Planning.
 
   Native (Plant) Community - A recurring combination of native (plant) species that reflects parallel responses to similar combinations of environmental conditions, as identified in Robert F. Holland’s “Preliminary Descriptions of the Terrestrial Natural Communities of California,” or its successor standard reference, as adopted by the Director of Planning.
 
   Permeable - A material that permits water penetration to a soil depth of 18 inches or more, including non porous surface material poured or laid in sections not exceeding one square foot in area and collectively comprising less than two-thirds of the total surface area of loosely laid material such as crushed stone or gravel.
 
   Project - Any use of land, construction or addition which includes more than 2,000 gross square feet of impermeable surface. A Project shall include new parking areas and additions to existing parking areas constructed with impermeable paving and new parking buildings. A Project shall not include construction of or addition to one-family dwellings, nor shall a Project include any structure or use of land which is permeable.
 
   Stream - Any perennial or intermittent stream or river identified on United State Geological Survey Maps.
 
   Wetland - Any natural lake, intermittent lake, pond, intermittent pond, marsh, swamp, seep or spring identified on United States Geological Survey Maps.
 
   E.   Landscape Point System. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Department of City Planning shall not approve proposed landscape for any Project unless the landscape satisfies the requirements of the landscape point system, as established by the City Planning Commission. A Project that satisfies any landscape requirements of Sections 12.40 through 12.43 of this Code or any other sections of this Code, may accrue points.
 
   F.   Approvals. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Director of Planning shall have the authority to issue approvals under Sections 12.40 through 12.43 of this Code. The Director shall review and approve or disapprove the proposed landscape. These decisions shall be based on the requirements for application submittal established by the City Planning Commission. The City Planning Commission shall adopt and revise, as necessary, guidelines to implement the provisions of Sections 12.40 through 12.43. The Director may also grant exemptions from Sections 12.40 through 12.43 if the Director finds that these landscaping requirements are inappropriate due to the temporary nature of the Project.
 
   G.   Certificate of Substantial Completion.
 
   1.   When the approved landscape has been substantially installed, a landscape practitioner shall file a certificate of substantial completion certifying to the Department of City Planning, that the proposed landscape required in Sections 12.40 through 12.43 of this Code has been substantially provided on the Project.
 
   2.   Substantial completion may be guaranteed by the applicant, in lieu of actual installation. A performance bond, certificate of deposit, letter of credit, surety deposit, or other instrument satisfactory to the City Attorney, in any amount equal to the cost of the landscape, shall be posted with the City to ensure satisfactory completion of the landscape.
 
   3.   Nothing in this subsection shall be construed to prevent the Department of Building and Safety from issuing a certificate of occupancy, when otherwise permitted or required.
 
   H.   Relationship To The Provisions of The Los Angeles Municipal Code.
 
   1.   Existing “Q” Conditions, “D” Development Limitations or “F” Funded Improvement Classifications. In the case of conflicts between Sections 12.40 through 12.43 of this Code with existing “Q” conditions, “D” development limitations or “F” funded improvements classifications, the existing “Q” conditions, “D” development limitations or “F” funded improvement classifications shall control.
 
   2.   Existing Specific Plans. In the case of conflicts between Sections 12.40, 12.42 and 12.43 of this Code with existing specific plans, the provisions of the following existing specific plans shall control: Central City West Specific Plan, Colorado Boulevard Specific Plan, Devonshire-Topanga Specific Plan, Granada Hills Specific Plan, Mulholland Scenic Parkway Specific Plan (controls over Section 12.42 only), Pacific Palisades Commercial Village Specific Plan, Park Mile Specific Plan, Playa Vista Specific Plan, Porter Ranch Specific Plan (controls over Section 12.43 only), Reseda Central Business District Specific Plan, San Vicente Scenic Corridor Specific Plan, Valley Village Specific Plan, the Venice Coastal Zone regulations, Ventura-Cahuenga Boulevard Corridor Specific Plan, Warner Center Specific Plan, and Wilshire-Westwood Scenic Corridor Specific Plan. In the case of conflicts between Sections 12.40 through 12.43 of this Code with the provisions of the Mount Washington Specific Plan or the Foothill Boulevard Corridor Specific Plan, the more restrictive provisions shall control. (Amended by Ord. No. 171,694, Eff. 9/26/97.)
 
   3.   Future Specific Plans, “Q” Conditions, “D” Development Limitations or “F” Funded Improvement Classifications. Future specific plans, “Q” conditions, “D” development limitations or “F” funded improvement classifications may impose alternate landscape requirements, if they expressly state that the specific plan’s, ”Q” conditions’s, “D” development limitation’s or “F” funded improvement classification’s landscape requirements are intended to supersede the standards set forth in Sections 12.40 through 12.43 of this Code.
 
   I.   If any provision of Sections 12.40 through 12.43 conflicts with Article 7, Chapter V of this Code, Article 7, Chapter V shall control.
 
   J.   Unless specifically prohibited by this Code, any existing features and techniques that fulfill the requirements of Sections 12.40 through 12.43 of this Code may be used to satisfy the requirements of these sections. The provisions of Sections 12.40 through 12.43 of this Code shall not require the removal of any existing structures or features nor prohibit any existing, installed landscape techniques. Where conflicts arise, all efforts shall be made to conform to the provisions of Sections 12.40 through 12.43 of this Code in a reasonable and practical manner.
 
 
SEC. 12.41. LANDSCAPE – WATER MANAGEMENT.
   (Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
 
   A.   Purpose. To contribute to conservation of the City’s imported water resources mandated by state law by setting minimum standards for water delivery systems to landscapes.
 
   B.   Requirements and Prohibitions.
 
   1.   No building permit, use of land permit, or grading permit for which landscape is required or for which landscape is provided shall be issued, except when the purpose is to construct a one-family dwelling, unless the Department of City Planning first determines that the required Water Management features and techniques, established by the City Planning Commission will be installed on the subject lot. No water management approval shall be required or issued for these permits unless a landscape approval required for the permits has first been issued by the Department of City Planning.
 
   2.   All permanent irrigation systems required under the provisions of this Code that use potable water shall meet the minimum specifications for features and techniques established by the City Planning Commission.
 
   3.   No irrigation system shall be required for undisturbed native or undisturbed natural vegetation, provided that the overall hydrologic regime that supported the vegetation remains unaltered. At the discretion of the Department of City Planning, an irrigation system may be required when the applicant proposes to establish native plantings, designed to take advantage of natural rainfall.
 
   4.   No portion of this section shall be construed to mandate any specific type of irrigation equipment, either existing or to be developed, except backflow preventers, nor any specific method of application of water, either existing or to be developed, provided it meets the criteria set forth in this section, unless specifically required by other sections of this Code. The provision of hose bibs or quick coupler valves shall be considered the provision of an irrigation system, provided all points of the irrigated area are less than 50 feet from a hose bib or quick coupler valve; no portion of the irrigated area slopes at more than a 5:1 grade; and the total area to be irrigated does not exceed 500 square feet.
 
   5.   Irrigation Maintenance. All portions of every irrigation system shall be continuously maintained in a condition such that the intent of the irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve head, emitter, or other irrigation device shall be considered evidence of non- maintenance.
 
   6.   For the purposes of this section only, a Landscape practitioner is as defined in Section 12.40 D. and also includes any person certified by a professional organization in the field of water management, or any person with a bachelor’s degree or equivalent from a California college or university, in the field of water management, when not in conflict with applicable State licensing laws and guidelines adopted by the Director of Planning. The Director is hereby authorized to adopt guidelines and procedures necessary to implement the provisions of this section.
 
   7.   Mulch. Owners of landscaping shall be encouraged to provide for plant mulching with planted areas provided with a layer of mulch a minimum of three inches deep, to aid the growth of the plants.
 
 
SEC. 12.42. LANDSCAPE.
   (Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
 
   A.   Conservation of Energy.
 
   1.   Purpose. To contribute to mitigation of increasing urban temperatures, thereby reducing the need for new power generating facilities, the following regulations shall apply.
 
   2.   Tree Planting. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Applications for landscape approval shall contain a proposal for shading of walls of structures in accordance with the guidelines established by the City Planning Commission.
 
   B.   Heat and Glare Reduction.
 
   1.   Purpose. To contribute to the mitigation of increasing urban temperatures, thereby reducing the need for new power generating facilities, to reduce storm water runoff, and to increase ground water recharge, the following regulations shall apply.
 
   2.   Vehicular Use Areas. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Notwithstanding any other provisions of this Code to the contrary, applications for landscape approval shall contain a proposal for heat and glare reduction in vehicular use areas in accordance with guidelines established by the City Planning Commission.
 
   C.   Air Quality Enhancement.
 
   1.   Purpose. To ensure coordination between landscape and other features of the urban environment and to contribute to the processes of oxygen regeneration, clearing the air of harmful pollutants, and removal of air-borne particulates, the following regulations shall apply.
 
   2.   Procedure. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Applications for landscape approval shall contain a proposal for air quality enhancement, in accordance with the guidelines established by the City Planning Commission.
 
   D.   Soil and Watershed Conservation.
 
   1.   Purpose. To conserve the unique character of the City which is largely determined by its landforms; and to encourage the restoration of such native areas as are unavoidably disturbed by development; to conserve soil and accumulated organic litter and reduce erosion by utilization of a variety of methods; and to increase residence time of precipitation in the watershed, the following regulations shall apply.
 
   2.   General Requirements.
 
   (a)   (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Department of Building and Safety shall not issue any building permits for a Project where soil and watershed conservation techniques, as provided in this section and in the guidelines established by the City Planning Commission, have not been used, as determined by the Department of City Planning. Notwithstanding the provisions of Article 1 of Chapter IX of this Code, all cut and fill slopes in Hillside Areas determined under the provisions of that article of this Code to be subject to erosion, shall be planted and irrigated pursuant to the provisions of this subdivision.
 
   (b)   All cut and fill slopes in Hillside Areas shall be landform graded and landform planted to the maximum extent feasible where such techniques do not affect the stability of the graded slopes. Where landform grading is unsuitable for the entire graded area, portions of the graded area may be required by the Department of City Planning to be landform graded and landform planted, consistent with public safety. Nothing in this paragraph shall prohibit the Department of Building and Safety from enforcing the planting and irrigation provisions of the Grading Division of Chapter IX of this Code.
 
   (c)   The Director shall take measures to ensure that the planting of slopes shall take into consideration such factors as degree of slope, slope orientation, type of soil, rooting depth of plants, fire dangers, availability of water, original native communities, depth of soil, and other relevant design factors.
 
   (d)   Non-native plants, when used, shall compliment native communities in growth habit, foliage color, cultural requirements, and flowering behavior.
 
   3.   Required Vegetation. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Manufactured slopes shall be planted in accordance with the guidelines established by the City Planning Commission.
 
   E.   Landscape Techniques.
 
   1.   Turf Block. Turf block, turf stone or similar materials shall be considered non-planted areas, except in planted portions of emergency access ways when permitted by the Fire Department. (Amended by Ord. No. 171,530, Eff. 4/4/97.)
 
   2.   Coordination with Signs and Lighting. All planting shall be coordinated with all signs and lighting on the Project site, both upon installation of the planting and upon the planting reaching its maximum designed size. All shall be designed such that one will not interfere with the other, nor require excessive maintenance.
 
   3.   Planting Techniques. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) All planting shall be accomplished in accordance with the guidelines established by the City Planning Commission.
 
   F.   Walls. All concrete or masonry walls shall have a minimum nominal thickness of six inches unless designed to withstand lateral force and constructed pursuant to plans approved by the Department of Building and Safety.
 
 
SEC. 12.43. SOURCE REDUCTION OF WASTE.
   (Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
 
   A.   If any landscape includes grass, all grass clippings shall be recycled on- or off-site, and shall not be introduced into the off-site waste stream.
 
   B.   If a lot is 7,500 square feet or greater, all vegetative waste, except that which is not appropriate to recycle, shall be recycled on- or off-site and shall not be introduced into the off-site waste stream.
 
   C.   In any landscape with lawn area greater than 15 percent of the planted area, all lawn area waste shall be recycled on- or off-site.
 
   D.   Exceptions shall be made when the waste is produced by installation of the landscape, as a result of fulfilling the requirements of Division 88, Article 1 of Chapter IX of this Code, or as a result of fulfilling the requirements of Article 7, Chapter V of this Code.
 
   E.   Notwithstanding any other provision of this Code, except for Subsection A., the provisions of this section shall take effect only at the time and in the manner that the Board of Public Works, after a public hearing, certifies to the Director that sufficient off-site facilities exist to handle the expected volume of recycled vegetative waste.
 
 
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