ARTICLE 2.9 CONDOMINIUMS, COMMUNITY APARTMENTS AND STOCK COOPERATIVES

(Art. 2.5 Renumbered Art. 2.9 by Ord. No. 162,832, Eff. 10/26/87.)

Section

12.95.2   Conversion Projects: Residential; Residential to Commercial/Industrial.

12.95.3   Conversion Projects: Commercial/Industrial; Commercial/Industrial to Residential.

SEC. 12.95.2. CONVERSION PROJECTS: RESIDENTIAL; RESIDENTIAL TO COMMERCIAL/INDUSTRIAL.

   (Title and Section Amended by Ord. No. 154,960, Eff. 4/3/81.) (Section Renumbered by Ord. No. 162,832, Eff. 10/26/87.)

   A.   Purpose: The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to mitigate the hardship caused by displacement of tenants, particularly those in low to moderate cost housing and those who are elderly, families with minor dependent children, the handicapped and the disabled; to promote the safety of conversion projects and correction of Building Code violations in such projects; to provide adequate off-street parking; to encourage construction of new rental units to replace units lost due to conversions; to protect the existing rental housing stock by reducing conversions; to provide increased opportunities for the ownership of commercial or industrial real property in the form of condominiums or stock cooperatives; to assure that the continued use of buildings for commercial or industrial purposes is substantially consistent with applicable general and specific plans; and to generally regulate projects in accordance with applicable general and specific plans and with the public health, safety and welfare.

   B.   Applicability: The provisions of this section shall apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date this section becomes effective. The provisions of this amendment to this section shall only apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date the amendment becomes effective, except as otherwise expressly stated in this section. For purposes of this subsection, a decision is rendered on the date of the Advisory Agency’s public hearing and announced decision, or where no such decision is announced, the date of mailing of the Advisory Agency’s letter of decision and findings to the applicant.

   C.   Definitions: The terms used in this section are defined in Sections 12.03 and 17.02 of the Municipal Code.

   D.   Application Requirements:

   1.   Residential Conversion Projects:

   a.   A residential conversion project shall comply with the Division of Land regulations in Article 7 of this chapter, the provisions of this section and other applicable state laws and local ordinances.

   b.   In addition to the information required by other applicable sections of this Code, the following information shall be submitted at the time of filing.

   (1)   Building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer.

   (a)   Description of the features of the type of building and project, including age, type of construction, number of dwelling units, number of habitable rooms per dwelling unit; and

   (b)   Site plan, including buildings, structures, yards, open spaces, and accessory storage areas and buildings including trash storage areas; and

   (c)   Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided; dimensions of stalls, aisles and driveways; locations of columns, walls and other obstructions; total number of covered and uncovered parking spaces and location and number of guest parking spaces.

   (2)   Tenant Information. Name and address of each tenant; total number of project occupants; length of tenancy; rent schedule for 18 months preceding the application; relocation assistance plan. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   (3)   Sales Information. Anticipated range of sales prices of individual dwelling units or shares based on information known at the time of application; anticipated terms of sale to existing tenants; statement as to whether sales will be permitted to families with minor children; incentives to tenants for the purchase of the dwelling units; written notice to the tenants of an exclusive right to purchase the dwelling unit occupied by the tenant; and the number of tenants that have expressed interest in purchasing their dwelling unit. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   (4)   Floor and elevation plans, including indications of common and private areas, and required exits.

   (c)   The following additional information may be required by the Advisory Agency as a condition of approval:

   (1)   Certificate of Housing Compliance Inspection Report as provided by Section 91.0318 of the Municipal Code, or equivalent report satisfactory to the Advisory Agency, which report shall detail any violations of provisions of Chapter IX enacted after such permit was issued and which are explicitly made applicable to existing structures.

   (2)   Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City):

   (a)   Building component reports indicating conditions and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect;

   (b)   Structural pest control report, prepared by a licensed pest control contractor;

   (c)   Acoustical report, indicating (1) the type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and (2) the feasibility of various levels of improvement, prepared by a licensed acoustical engineer; and

   (d)   Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.

   (3)   Any other information, including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the Municipal Code.

   2.   Residential to Commercial/Industrial Conversion Projects.

   a.   A residential to commercial/industrial conversion project shall comply with the Division of Land regulations in Article 7 of this chapter, the provisions of this section and other applicable state laws and local ordinances.

   b.   In addition to the information required by other applicable sections of this Code, the following information shall be submitted at the time of filing.

   (1)   Tenant Information: Name and address of each tenant in the existing residential building; rent schedule for eighteen (18) months preceding the application and relocation assistance plan if any;

   (2)   Building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer.

   (a)   Description of the features of the type of building and project, including age, type of construction, the number of separate units proposed, the square footage of each such unit and of the entire building.

   (b)   Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided, dimensions of stalls, aisles, and driveways, locations of columns, walls, and other obstructions, and location and number of guest parking spaces.

   (c)   The following additional information may be required by the Advisory Agency as a condition of approval.

   (1)   Building component reports indicating condition and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect.

   (2)   Site plan, including, buildings, structures, yards, open spaces, and accessory storage areas and buildings including trash storage areas.

   (3)   Floor and elevation plans, including indication of common and private areas, and required exists.

   (4)   Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City)

   (5)   Any other information, including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the Municipal Code.

   3.   All Projects. No application for tentative or preliminary parcel map approval of a residential conversion project or a residential to commercial/ industrial conversion project shall be accepted without adequate evidence from the applicant that each tenant of the project has received: written notice of intention to file a tentative or preliminary parcel map application at least 60 days prior to the filing of the application and a written copy of the relocation assistance provisions of Sections 47.06 and 47.07 of this Code. Any person who becomes a tenant of a residential rental unit proposed for conversion to a residential or commercial/industrial condominium, stock cooperative or community apartment project after the date of the filing of the application shall be given written notice of the pendency of the application prior to entering into any written or oral rental agreement. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   E.   Tenant Notification:

   1.   Notification of hearing on tentative map or preliminary parcel map. (Amended by Ord. No. 178,632, Eff. 5/26/07.) In addition to other notification requirements of this Code, the Department of City Planning shall give notice of any public hearing on a tentative map or preliminary parcel map to each tenant in each dwelling unit of the building or buildings proposed for conversion.

   This notice shall be in writing and mailed no less than ten days prior to the public hearing on the tentative map or preliminary parcel map.

   The notice may include a questionnaire, to be completed at the option of each tenant, regarding the approximate ages and disabilities or handicaps, if any, of the household members, comments concerning the physical condition of the building and its various components and characteristics as outlined in Subparagraph (2) of Paragraph c. of Subdivision 1. of Subsection D. of this section, and any other information as may be pertinent to the pending proceedings.

   2.   Notification of proposed conversion prior to termination of tenancy due to the conversion. Each tenant of a conversion project subject to this section shall be given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Each person who becomes a tenant of the conversion project after the date of the 180 days written notice shall be given a copy of the notice of intention to convert before entering into any written or oral rental agreement, but shall not be entitled to 180 days written notice prior to termination of tenancy due to the conversion or proposed conversion. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   3.   Residential Conversion Project – Notification of exclusive right to purchase. The applicant shall give each tenant of any proposed residential conversion project written notice of an exclusive right to contract for the purchase of the dwelling unit occupied by the tenant or purchase of a share in the corporation entitling the shareholder to enjoy exclusive occupancy of the unit upon the same or more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. The right shall run for a period of not less than 90 days from the issuance of the subdivision public report pursuant to Section 11018.2 of the California Business and Professions Code, unless the applicant receives prior written notice of the tenant’s intention not to exercise the right.

   Where two or more units are combined pursuant to conditions of tentative map or preliminary parcel map approval, the notice required by this Subdivision 3 shall be given to the tenants of the combined units and priority among tenants shall be determined in an equitable manner. A tenant who is prevented from purchasing their unit due to combination of units shall be given a right of first refusal with respect to the comparable unit in the same residential conversion project, to the extent possible.

   F.   Tentative Map And Preliminary Parcel Map Approval:

   1.   All tentative maps and preliminary parcel maps filed in connection with residential or residential to commercial/industrial conversion projects shall be subject to the Division of Land Regulations contained in Article 7 of this chapter, except as herein otherwise provided. All such maps shall be subject to the General Plan and any applicable specific plan only to the extent that such plan contains a definite statement of policies and objectives explicitly applicable to conversion projects, except as otherwise provided in this subsection.

   2.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a residential or residential to commercial/industrial conversion project, if it finds (a) that the map is not substantially consistent with the applicable density provisions of the General Plan or specific plans in effect at the time the original building permit was issued, and (b) the application for map approval is filed less than five years from the date the original certificate of occupancy for the building was issued. The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a residential to commercial/industrial conversion project where the conversion would be inconsistent with either the existing zoning pattern or applicable general or specific plan, unless it finds that there are special circumstances which justify approval of the map. Such circumstances may exist only with respect to the following facts (1) the prevailing pattern of residential and commercial/industrial land use in the vicinity of the project site; and (2) the existing and anticipated need for commercial/industrial development in the planing area in which the project is located.

   EXCEPTION: This provision shall not apply to any residential or residential to commercial/industrial conversion project involving buildings for which a building permit was applied for prior to July 1,1978.

   3.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a residential or residential to commercial/industrial conversion project if it finds that any applicable general plan or specific plan provision contains a definite statement of policies and objectives explicitly applicable to conversion projects and the proposed map is not substantially consistent with such provision.

   4.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a residential or a residential to commercial/industrial conversion project if it finds that there are uncorrected violations of Chapter IX of the Municipal Code, and that an adequate plan to correct such violations has not been developed or accomplished. For purposes of this provision, Chapter IX of the Municipal Code means the Code in effect when the building permit was issued and other subsequently enacted regulations explicitly made applicable to existing structures.

   5.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a residential or residential to commercial/industrial conversion project, if it finds that (a) the building permit for the building was issued prior to October 1, 1933, and the building is of unreinforced masonry construction, or (b) the building is more than three stories in height without an elevator. This provision may be waived where the Advisory Agency finds that any such condition has been corrected in conformity with Municipal Code standards.

   6.   After considering the following criteria, the Advisory Agency may approve a tentative map or preliminary parcel map for a residential or residential to commercial/industrial conversion project, unless it makes both of the following findings: (1) the vacancy rate of the planning area in which the property is located is five percent or less, and (2) the cumulative effect of the rental housing market in the planning area of successive residential or residential to commercial/industrial conversion projects (past, present and future) is significant. A finding of significant cumulative effect shall be based on the following factors: (a) in the case of residential conversion projects only, the number of tenants who are willing and able to purchase a unit in the building; (b) the number of units in the existing residential building prior to conversion; (c) the number of units which would be eliminated in case conversion occurred in order to satisfy Municipal Code parking requirements; (d) the adequacy of the relocation assistance plan proposed by the subdivider; and (e) any other factors pertinent to the determination. “Vacancy rate” shall refer to the most current vacancy rate for multiple-family dwelling units as published by the Department of City Planning in its Semi-Annual Population Estimate and Housing Inventory, or other estimate or survey satisfactory to the Advisory Agency. “Planning area” shall refer to those areas established by the Director of Planning for purposes of community planning pursuant to Section 11.5.6 of the Municipal Code.

   G.   Relocation Assistance:

   1.   Requirement. The Advisory Agency shall require, as a condition of map approval, that the applicant execute and record a covenant and agreement, in a form satisfactory to the Advisory Agency, binding the applicant and any successor-in- interest to provide relocation assistance in a manner consistent with Section 47.06 of this Code. The covenant and agreement shall be executed and recorded within ten days after the expiration of the appeal period, or final approval, whichever is later, for tentative map or preliminary parcel map approval and a copy provided to each tenant within five days of recordation. The covenant and agreement shall run to the benefit of any eligible tenant, as defined in Subdivision 2. of this section and shall be enforceable by any eligible tenant or by the City. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   2.   Eligible Tenant. As used in this Subsection G., the term “eligible tenant” means any tenant who was resident of the property both on the date of tentative or preliminary parcel map application and the date of approval of such map, or at any time thereafter, and who does not intend to purchase a unit in the conversion project. (Amended by Ord. No. 185,224, Eff. 12/13/17.)

   3.   Special Protection. An eligible tenant is entitled to “special protection”, as defined in this subsection, if the tenant meets the definition of “Qualified Tenant” in Section 47.06 of this Code. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   4.   Dispute Resolution. The covenant and agreement specified in Subdivision 1. of this subsection shall establish an expeditious mechanism to resolve any disputes among tenants, the applicant and the City concerning the interpretation or application of the covenant and agreement. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   5.   (Deleted by Ord. No. 178,632, Eff. 5/26/07.)

   6.   Continued Tenancy Pending Relocation; Eviction; Review Procedure. Until each eligible tenant is successfully relocated pursuant to the provisions of this subsection, the tenant shall be permitted to reside in the unit presently occupied in the conversion project. There shall be no time limit for such continued tenancy for each tenant qualified for “special protection,” as defined in Subdivision 3. of this Subsection G. In all other cases, the subdivider is not required to consent to continued tenancy beyond twelve months from the date of tentative map or preliminary parcel map approval or the date on which the 120-day notice of intent to convert is given to all tenants, whichever is the later.

   A eligible tenant may be evicted, notwithstanding the paragraph above, for the following reasons only:

   a.   The tenant has failed to pay the rent to which the landlord is entitled.

   b.   The tenant has violated an obligation or covenant of the tenancy, other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord.

   c.   The tenant is committing or permitting to exist a nuisance in or is causing damage to, the rental unit or to the appurtenances thereof, or to the common areas of the property containing the rent unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or adjacent building.

   d.   The tenant is using or permitting a rental unit to be used for any illegal purpose.

   e.   The tenant who had a written lease or rental agreement which terminated on or after November 10,1979, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term or like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this subsection.

   f.   The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.

   g.   The person in possession of the rental unit at the end of the lease term is a subtenant not approved by the landlord.

   Any dispute regarding an eligible tenant’s right to continue tenancy pursuant to this Subdivision 5. may be heard by the Advisory Agency when application for such review is made by the subdivider or an eligible tenant. The Advisory Agency may release the applicant from further compliance with a relocation assistance plan with respect to any eligible tenant where it finds that the tenant is not entitled to continued tenancy pursuant to the provisions of this Subdivision 6.

   7.   (Deleted by Ord. No. 178,632, Eff. 5/26/07.)

   8.   (Deleted by Ord. No. 178,632, Eff. 5/26/07.)

   9.   (Renumbered as Subd. 4 by Ord. No. 178,632, Eff. 5/26/07.)

   10.   (Deleted by Ord. No. 178,632, Eff. 5/26/07.)

   H.   Parking:

   1.   Residential Conversion Projects.

   a.   The minimum number of resident parking spaces per dwelling unit shall be one and one-quarter parking spaces per dwelling unit having three or less habitable rooms and one and one-half parking spaces per each dwelling unit having more than three habitable rooms. The Advisory Agency may increase or decrease the required number of parking spaces up to and including three-quarters of a space per dwelling unit, where it finds that such modification is consistent with the purposes of this section.

   b.   The minimum number of guest parking spaces shall be one quarter space per dwelling unit for projects containing 50 or fewer units and one-half space per dwelling unit for projects containing more than 50 units. The Advisory Agency may modify the guest parking requirement up to and including one-half space per unit where it finds such modification consistent with the purposes of this section.

   c.   The Advisory Agency may require up to one of the required resident parking spaces per dwelling unit to be provided in a private garage or carport where it finds that such is reasonable and feasible and consistent with the purposes of this section.

   d.   Where the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum numbers established by this section, the number of parking spaces shall not be diminished.

   e.   In the Central City Area as described in Section 12.21 A.4.(p) of the Municipal Code, the required parking ratio shall be no less than therein provided.

   f.   Where the total number of required spaces includes a fraction, the provision of Section 12.21 A.4.(k) of the Municipal Code shall govern.

   g.   The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 21.21 A.5. and 6. of the Municipal Code.

   2.   Residential to Commercial/Industrial Conversion Projects.

   a.   The required minimum number of parking spaces to be provided in a residential to commercial/industrial conversion project shall be one parking space for each 200 square feet of that portion of the total floor area of a building to be used as a medical office, clinic or other medical service facility and one parking space for each 500 square feet of that portion of the total floor area in a building to be used for other commercial or for industrial purposes. “Total floor area”, as used herein, shall exclude floor area used for automobile parking or driveways, for basement storage or for rooms housing mechanical equipment incidental to the operation of buildings.

   b.   The Advisory Agency may increase the required minimum number of parking spaces by not more than seventy five percent (75%), including any allowance for guest parking, where it finds that such modification is consistent with the purposes of this section.

   c.   Where the number of parking spaces required by other provisions of this Code in existence on the date of map application exceeds the minimum numbers established by this section, the number of parking spaces shall not be diminished.

   d.   In the Central City Area as described in Section 12.21 A.4.(p) of the Municipal Code, the required parking ratio shall be no less than therein provided.

   e.   Where the total number of required parking spaces includes a fraction, the provisions of Section 12.21 A.4.(k) of the Municipal Code shall govern.

   f.   The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.

   I.   Building Reports – Residential Conversion Projects. The Advisory Agency may require, as a condition of approval, that the applicant notify such person who communicates an interest in purchasing a unit or share that the following reports are available for inspection during normal business hours, and shall take all reasonable steps to assure that such reports fully, fairly and accurately describe the conditions reported:

   1.   Any report submitted pursuant to Subsection D. of this section.

   2.   A report concerning compliance with the sound transmission control standards established by Section 91.4903(h) of the Municipal Code.

   3.   Report concerning compliance with the residential energy conservation standards established by Article 1, Part 6, Title 24 of the California Administrative Code.

   4.   A report concerning compliance with the elevator safety standards established by Title 8 of the California Administrative Code.

   5.   A report concerning compliance with any provision of Chapter IX of the Municipal Code which the Advisory Agency and the Superintendent of Building find appropriate for such reporting purpose.

   J.   Low And Moderate Income Housing – Residential Conversion Projects: Each residential conversion project shall comply with Section 12.39* of the Municipal Code relating to low and moderate income housing.

* Section 12.39 was repealed by Ord. No. 180,308 Eff. 12/7/08.

   K.   Rental Housing Production:

   1.   As a condition of tentative map or preliminary parcel map approval, the Advisory Agency shall require that the applicant or the applicant’s successor-in-interest pay to the City a fee of $1,492 for each unit in a residential or residential to commercial/industrial conversion project, based on the number of units in the project prior to conversion. For the year beginning July 1, 2008, and all subsequent years, the fee amount shall be adjusted on an annual basis pursuant to the formula set forth in Section 151.06 D. of this Code. The adjusted amount shall be rounded to the nearest $50 increment. This fee shall be paid prior to approval of the final map by the City Engineer. (Amended by Ord. No. 178,632, Eff. 5/26/07.)

   2.   All fees collected pursuant to this Subsection K. shall be deposited and held in the Rental Housing Production Account of the Los Angeles Housing Department, which account is hereby established to be administered by the Los Angeles Housing Department separately from all other money expended by the Department. Money in this account shall be used exclusively for the development of low and moderate income rental housing in the City, pursuant to guidelines carrying out this purpose prepared by the Department and approved by resolution of the City Council. (Amended by Ord. No. 187,122, Eff. 8/8/21.)

SEC. 12.95.3. CONVERSION PROJECTS: COMMERCIAL/INDUSTRIAL; COMMERCIAL/INDUSTRIAL TO RESIDENTIAL;

   (Added by Ord. No. 154,960, Eff. 4/3/81.) (Section Renumbered by Ord. No. 162,832, Eff. 10/26/87.)

   A.   Purpose. The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to promote the safety of conversion projects and correction of Building Code violations; to provide adequate off-street parking; to provide increased opportunities for the ownership of commercial or industrial real property in the form of condominiums or stock cooperatives; to assure that the continued use of buildings for commercial or industrial purposes is substantially consistent with applicable general and specific plans; and to generally regulate projects in accordance with applicable general and specific plans and with the public health, safety and welfare.

   B.   Applicability. The provisions of this section shall apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date this section becomes effective. The provisions of any amendment to this section shall only apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date the amendment becomes effective, except as otherwise expressly stated in this section. For purposes of this subsection, a decision is rendered on the date of the Advisory Agency’s public hearing and announced decision or, where no such decision is announced, the date of mailing of the Advisory Agency’s letter of decision and findings to the applicant.

   C.   Definitions. The terms used in this section are defined in Sections 12.03 and 17.02 of the Municipal Code.

   D.   Application Requirements:

   1.   Commercial/Industrial to Residential Conversion Projects:

   a.   A commercial/industrial to residential conversion project shall comply with the Division of Land regulations in Article 7 of this chapter, the provisions of this section and other applicable state laws and local ordinances.

   b.   In addition to the information required by other applicable sections of this Code, the following information shall be submitted at the time of filing:

   (1)   Building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer:

   (a)   Description of the features of the type of building and project, including age, type of construction, number of dwelling units, number of habitable rooms per dwelling unit; and

   (b)   Site plan, including buildings, structures, yards, open spaces, accessory storage areas and buildings, including trash storage areas: and

   (c)   Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided; dimensions of stalls, aisles and driveways; location of columns, walls and other obstructions; total number of covered and uncovered parking spaces and location and number of guest parking spaces.

   (2)   Sales Information. Anticipated range of sales prices of individual dwelling units or shares based on information known at the time of application; and statement as to whether sales will be permitted to families with minor children.

   (3)   Floor and elevation plans, including indication of common and private areas and required exits.

   c.   The following additional information may be required by the Advisory Agency as a condition of approval.

   (1)   Certificate of Housing Compliance Inspection Report as provided by Section 91.0318 of the Municipal Code, or equivalent report satisfactory to the Advisory Agency, which report shall detail any violations of Chapter IX of the Municipal Code in effect at the time the building permit was issued and any violations of provisions of Chapter IX enacted after such permit was issued and which are explicitly made applicable to existing structures.

   (2)   Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City):

   (a)   Building component reports indicating condition and estimated remaining useful live of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect;

   (b)   Structural pest control report, prepared by a licensed pest control contractor;

   (c)   Acoustical report indicating (a) the type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and (b the feasibility of various levels of improvement, prepared by a licensed acoustical engineer; and

   (d)   Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.

   (3)   Any other information, including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the purposes of the Municipal Code.

   2.   Commercial/Industrial Conversion Projects.

   a.   A commercial/industrial conversion project shall comply with the Division of Land Regulations in Article 7 of this chapter, the provisions of this section and other applicable State laws and local ordinances.

   b.   In addition to the information required by other applicable sections of this Code, building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer, shall be submitted at the time of filing:

   (1)   Description of the features of the type of building and project, including age, type of construction, number of separate units proposed, the square footage of each such unit and of the entire building.

   (2)   Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided, dimensions of stalls, aisles and driveways; location of columns, walls, and other obstructions; total number of parking spaces and guest parking spaces.

   c.   The following additional information may be required by the Advisory Agency as a condition of approval:

   (1)   Building component reports, indicating condition and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer licensed general building contractor, licensed general engineering contractor or architect;

   (2)   Site plan, including buildings, structures, yards, open spaces and accessory storage areas and buildings including trash storage areas;

   (3)   Floor and elevation plans, including indication of common and private areas and required exits;

   (4)   Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City;

   (5)   Any other information including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the purposes of the Municipal Code.

   E.   Tentative Map And Preliminary Parcel Map Approval:

   1.   All tentative maps and preliminary parcel maps filed in connection with the commercial/ industrial to residential or commercial/industrial conversion projects shall be subject to the Division of Land Regulations contained in Article 7 of this chapter, except as herein otherwise provided. All such maps shall be subject to the General Plan and any applicable specific plan only to the extent that such plan contains a definite statement of policies and objectives explicitly applicable to such conversion projects, except as otherwise provided in this subsection.

   2.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that the map is not substantially consistent with the applicable density provisions of the General Plan or specific plans in effect at the time the original building permit was issued.

   EXCEPTION:

   This provision shall not apply to any commercial/industrial or commercial/industrial to residential conversion projects for which a building permit was applied for prior to July 1, 1978.

   3.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project where such conversion would be inconsistent with either the existing zoning pattern or applicable general or specific plan, unless it finds that there are special circumstances which justify approval of the map. Such circumstances may exist only with respect to the following facts: (1) the prevailing pattern of commercial/industrial and residential land use in the vicinity of the project site; and (2) the existing and anticipated need for residential development and continued commercial/industrial development in the planning area in which the project is located.

   4.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that any applicable General Plan or Specific Plan provision contains a definite statement of policies and objectives explicitly applicable to such conversion projects and the proposed map is not substantially consistent with such provision.

   5.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that there are uncorrected violations of Chapter IX of the Municipal Code, and that an adequate plan to correct such violations has not been developed or accomplished. For purposes of this provision, Chapter IX of the Municipal Code means the Code in effect when the building permit was issued and other subsequently enacted regulations explicitly made applicable to existing structures.

   6.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that (a) the building permit for the building was issued prior to October 1, 1933, and the building is of unreinforced masonry construction, or (b) the building is more than three stories in height without an elevator. This provision may be waived where the Advisory Agency finds that any such condition has been corrected in conformity with current Municipal Code standards.

   F.   Parking.

   1.   Commercial/Industrial to Residential Conversion Projects.

   a.   The minimum number of resident parking spaces per dwelling unit shall be one and one-quarter parking spaces per each dwelling unit having three or less habitable rooms and one and one-half parking spaces per each dwelling unit having more than three habitable rooms. The Advisory Agency may increase or decrease the required number of parking spaces up to and including three-quarters of a space per dwelling unit, where it finds such modification is consistent with the purposes of this section.

   b.   The minimum number of guest parking spaces shall be one-quarter space per dwelling unit for projects containing 50 or fewer units and one-half space per dwelling unit for projects containing more than 50 units. The Advisory Agency may modify the guest parking requirements up to and including one-half space per unit where it finds such modification consistent with the purposes of this section.

   c.   The Advisory Agency may require up to one of the required resident parking spaces per dwelling unit be provided in a private garage or carport where it finds that such is reasonable and feasible and consistent with the purposes of this section.

   d.   There the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum numbers established by this section, the number of parking spaces shall not be diminished.

   e.   In the Central City Area as described in Section 12.21 A.4.(p) of the Municipal Code, the required parking ratio shall be no less than therein provided.

   f.   Where the total number of required spaces includes a fraction, the provision of Section 12.21 A.4.(k) of the Municipal Code shall govern.

   g.   The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.

   h.   (Added by Ord. No. 172,571, Eff. 6/3/99.) Notwithstanding any other provisions of this chapter to the contrary, the required number of parking spaces in Adaptive Reuse Projects in the Downtown Project Area pursuant to Section 12.22 A.26. shall be the same as the number of spaces that existed on the site as of the effective date of this ordinance, and shall be maintained and not reduced. Adaptive Reuse Projects shall otherwise be exempt from the provisions of Section 12.21 A.4.(m) of this Code.

   2.   Commercial/Industrial Conversion Projects.

   a.   The required minimum number of parking spaces to be provided in a commercial/ industrial conversion project shall be one parking space for each 200 square feet of that portion of the total floor area in a building to be used as a medical office, clinic or other medical service facility and one parking space for each 500 square feet of that portion of the total floor area in a building to be used for other commercial or for industrial purposes. “Total floor area”, as used herein, shall exclude floor area used for automobile parking or driveways, for basement storage or for rooms housing mechanical equipment incidental to the operation of buildings.

   b.   The Advisory Agency may increase or decrease the required minimum number of required parking spaces by not more than one hundred percent (100%) including any allowance for guest parking, where it finds that such modification is consistent with the purposes of this section.

   c.   Where the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum number established by this subsection, the number of parking spaces shall not be diminished.

   d.   Where the total number of required parking spaces includes a fraction, the provisions of Section 12.21 A.4.(k) of the Municipal Code shall govern.

   e.   The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.

   f.   In the Central City Area as described in Section 12.21 A.4.(P) of the Municipal Code, the required parking ratio shall be no greater than therein provided.

   G.   (None.)

   H.   Building Reports – Commercial/Industrial To Residential Conversion Projects. The Advisory Agency may require, as a condition of approval, that the applicant notify any person who communicates an interest in purchasing a residential condominium or share in a residential stock cooperative that the following reports are available for inspection during normal business hours, and shall take reasonable steps to assure that such reports fully, fairly and accurately describe the conditions reported:

   1.   Any report submitted pursuant to Subsection D. of this section.

   2.   A report concerning compliance with the sound transmission control standards established by Section 91.4903(h) of the Municipal Code.

   3.   A report concerning compliance with the residential energy conservation standards established by Article 1, Part 6, Title 24 of the California Administrative Code.

   4.   A report concerning compliance with the elevator safety standards established by Title 8 of the California Administrative Code.

   5.   A report concerning compliance with any provisions of Chapter IX of the Municipal Code which the Advisory Agency and the Superintendent of Building find appropriate for such reporting purpose.

   I.   Commercial / Industrial To Residential Projects – Low and Moderate Income Housing. Each commercial/industrial to residential conversion project shall comply with Section 12.39* of the Municipal Code relating to low and moderate income housing.

* Section 12.39 was repealed by Ord. No. 180,308 Eff. 12/7/08.

ARTICLE 3 SPECIFIC PLAN – ZONING SUPPLEMENTAL USE DISTRICTS

(Title Amended by Ord. No. 138,800, Eff. 6/13/69, Oper. 6/23/69.)

Section

13.01   “O” Oil Drilling Districts.

13.02   “S” Animal Slaughtering Districts.

13.03   “G” Surface Mining Operations Districts.

13.04   “RPD” Residential Planned Development Districts.

13.05   “K” Equinekeeping Districts.

13.06   Commercial and Artcraft Districts.

13.07   Pedestrian Oriented District.

13.08   “CDO” Community Design Overlay District.

13.09   Mixed Use District.

13.10   Fence Heights District.

13.11   “SN” Sign District.

13.11.1   “TCN” Transportation Communication Network District.

13.12   “NSO” Neighborhood Stabilization Overlay District.

13.13   “RFA” Residential Floor Area District.

13.14   “CPIO” Community Plan Implementation Overlay District.

13.15   “MPR” Modified Parking Requirement District.

13.16   “HS” Hillside Standards Overlay District.

13.17   “RIO” River Improvement Overlay District.

13.18   “CUGU” Clean Up Green Up Overlay District.

13.19   “RG” Single-Family Zone Rear Detached Garage District.

13.20   “HCR” Hillside Construction Regulation District.

13.21   Violation.

SEC. 13.00. ESTABLISHMENT OF DISTRICTS.

   (Repealed by Ord. No. 173,277, Eff. 6/25/00, Oper. 7/1/00.)

SEC. 13.01. “O” OIL DRILLING DISTRICTS.

   (Amended by Ord. No. 187,709, Eff. 1/18/23.)

   A.   Application. The provisions of this section shall apply to the districts established by ordinance and to remain until said district is terminated in accordance with City Charter Section 558. The provisions of this section shall not apply to the location of subterranean gas holding areas or oil wells which are operated as a public utility regulated by the California Public Utilities Commission.

   B.   Definitions. For the purpose of this section the following words and phrases are defined:

   “Controlled Drilling Site” shall mean that particular location within an oil drilling district in an “Urbanized Area” upon which surface operations for the drilling, deepening or operation of an oil well or any incidental operation are, subject to the conditions prescribed by written determination by the Zoning Administrator.

   “Drilling and Production Site in the Los Angeles City Oil Field Area” shall mean locations within an oil drilling district in the “Los Angeles City Oil Field Area” upon which surface operations for the drilling, deepening or operation of an oil well or any operation incident thereto, are subject to the conditions prescribed by written determination by the Zoning Administrator.

   “Los Angeles City Oil Field Area” shall mean all land in the City within the areas identified on the maps in Ordinance No. 156,166 located in Council File No. 80-3951 and shall include all oil producing zones beneath those areas but no deeper than the third zone beneath the surface of the earth.

   “Non-urbanized Area” shall mean all those portions of the City which the City Planning Commission or Council has determined will not be detrimentally affected by the drilling, maintenance, or operation of oil wells. In making its determination, the City Planning Commission, or the Council on appeal, shall give due consideration to the amount of land subdivided, the physical improvements, the density of population and the zoning of the district.

   “Oil Well” shall mean any well or hole already drilled, being drilled or to be drilled into the surface of the earth which is used or intended to be used in connection with coring, or the drilling for prospecting for or producing petroleum, natural gas or other hydrocarbon substances, or is used or intended to be used for the subsurface injection into the earth of oil field waste, gases, water or liquid substances, including any such existing hole, well or casing which has not been abandoned in accordance with the requirements of Article 7 of Chapter 5 of the Los Angeles Fire Code except any well operated by a public utility regulated by the California Public Utilities Commission.

   “Oil Well Class I or A” shall mean any oil well drilled, conditioned, arranged, used or intended to be used for the production of petroleum.

   “Oil Well Class II or B” shall mean any oil well drilled, conditioned, arranged, used or intended to be used only for the subsurface injection into the earth of oil field waste, gases, water or liquid substances.

   “Producing Zone” shall mean a reservoir or series of reservoirs of sufficient thickness and productivity of hydrocarbons as to form an economic source of supply and which is segregated from other reservoirs or series of reservoirs by natural boundaries or barriers to such an extent as to make its separate development either economically or mechanically desirable in accordance with good oil field practice.

   “Urbanized Area” shall mean all land in the City, except land in the M3 Zone, and land which has been determined to be “Non-urbanized Area” by the City Planning Commission or Council or land located in the “Los Angeles City Oil Field Area”.

   C.   (None)

   D.   (None)

   E.   Standard Conditions. These Standard Conditions remain only to the extent that they are incorporated by ordinance through the establishment of an oil drilling district:

   1.   Non-urbanized Areas. Each oil drilling district established in a non-urbanized area shall be subject to the following conditions:

   (a)   Each district shall contain a net area of one acre or more which shall be composed of contiguous parcels of land that may be separated by an alley or walk, except that a district may contain an area of less than one acre where it is surrounded on all sides by streets.

   (b)   Each drilling site in any district shall contain a net area of one acre or more and shall be composed of contiguous parcels of land which may be separated only by an alley or walk. A drilling site may contain less than one acre of area where it is surrounded on all sides by public or approved private streets.

   Only one oil well Class I or A may be established or maintained on each acre of land, except that there may be one oil well Class I or A on any land surrounded on all sides by public or approved private streets. Provided, however, in determining conditions for drilling pursuant to former Subsection H., the Zoning Administrator may permit surface operations for more than one oil well Class I or A in a semi-controlled drilling site where the additional wells are to be bottomed under adjacent land in a drilling district in lieu of surface operations. There shall be no less than one net acre of land in the combined drill site and production site for each well in a semi-controlled drilling site. The Zoning Administrator shall require a site of more than one acre for each oil well where a larger area is required in the particular oil drilling district. The Zoning Administrator may require larger minimum drilling sites or production areas when reasonably necessary in the public interest for a particular oil producing section.

   Where drilling sites greater than one acre are required and two or more lessees or oil drilling developers in a block or area have at least one net acre each, but all lessees or developers do not have the greater area required for drilling under these regulations, the Zoning Administrator shall equitably allocate permitted wells among the competing lessees or developers. Where necessary, the lessee or developer having control of the larger portion of the property shall be given preference. In those situations outlined above, in addition to the proration required by Paragraph (d) of this subdivision, the Zoning Administrator shall require that the lessee or developer who is authorized to drill the well shall offer an equitable consolidation agreement to the lessee or developer who has not been permitted to drill. This consolidation agreement shall contain an offer in writing, open for acceptance for 30 days, giving the other lessees or developers a choice of either:

   (i)   a lease on terms and conditions agreed upon, or on substantially the same terms and conditions contained in leases owned by the applicant; or,

   (ii)   a consolidation agreement agreed upon providing that each lessee or developer shall contribute to the cost of drilling and operation of the well and share in the production from the well in the proportion that the area of their property bears to the total area in the drilling unit.

   (c)   No public street, alley, walk or way shall be included in determining the net area within any district or drilling site.

   (d)   Where the drilling site is so located as to isolate any parcel of land in the drilling district in such a manner that it could not be joined with any other land so as to create another drilling site of the area required in the particular district in which it is located, the Zoning Administrator shall require, as a condition to the drilling and production on the drilling site, that the owner, lessee or permittee or their successor shall pay to the owners of the oil and gas mineral rights in each isolated parcel, a pro-rata share of the landowners’ royalty in all of the oil and gas produced from the drilling site, the share to be in that proportion as the net area of the isolated parcel is to the total net area of the drilling site plus the area of all the isolated parcels, provided that the landowners’ royalty shall be determined in accordance with any existing contracts for payments to the landowners of the drilling site, but, in no event, as to the owner of the isolated parcel or parcels, shall it be less than a 1/6th part of the oil and gas produced and saved from the drilling site.

   2.   Urbanized Areas. Each oil drilling district established in an urbanized area shall be subject to the following conditions:

   (a)   Each district shall be not less than 40 acres in area, including all streets, ways and alleys within the boundaries thereof.

   (b)   Not more than one controlled drill site shall be permitted for each 40 acres in any district and that site shall not be larger than two acres when used to develop a district approximating the minimum size; provided, however, that where the site is to be used for the development of larger oil drilling districts or where the Zoning Administrator requires that more than one oil drilling district be developed from one controlled drilling site, the site may be increased, at the discretion of the Zoning Administrator when concurred in by the Board of Fire Commissioners, by not more than two acres for each 40 acres included in the district or districts.

   (c)   The number of oil wells Class I or A which may be drilled and operated from any controlled drilling site may not exceed one well to each five acres in the district or districts to be explored from said site.

   Notwithstanding the above, should the City Council determine that an urbanized oil drilling district contains more than one producing zone, the City Council may then authorize, by ordinance, the drilling of additional oil wells Class I or A, not to exceed one well per five acres for each identified producing zone, and specify the maximum number of wells to be drilled as the result of such authorization.

   (d)   Each applicant, requesting a determination by the Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H. of this section, must have proprietary or contractual authority to drill for oil under the surface of at least 75 percent of the property in the district to be explored.

   (e)   Each applicant or the applicant’s successor in interest shall, within one year from the date the written determination is made by a Zoning Administrator prescribing the conditions controlling drilling and production operations as provided in former Subsection H. of this section, execute an offer in writing giving to each record owner of property located in the oil drilling district who has not joined in the lease or other authorization to drill the right to share in the proceeds of production from wells bottomed in the district, upon the same basis as those property owners who have, by lease or other legal consent, agreed to the drilling for and production of oil, gas or other hydrocarbon substances from the subsurface of the district. The offer hereby required must remain open for acceptance for a period of five years after the date the written determination is made by a Zoning Administrator. During the period the offer is in effect, the applicant, or the applicant’s successor in interest, shall impound all royalties to which the owners or any of them may become entitled in a bank or trust company in the State of California, with proper provisions for payment to the record owners of property in the district who had not signed the lease at the time the written provisions were made by a Zoning Administrator, but who accepts the offer in writing within the five-year period. Any such royalties remaining in any bank or trust company at the time the offer expires which are not due or payable as provided above shall be paid pro-rata to those owners who, at the time of the expiration, are otherwise entitled to share in the proceeds of the production.

   (f)   The entire controlled drilling site shall be adequately landscaped, except for those portions occupied by any required structure, appurtenance or driveway, and all landscaping shall be maintained in good condition at all times. Plans showing the type and extent of the landscaping shall be first submitted to and approved by the Zoning Administrator.

   (g)   Each applicant requesting a determination by a Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H. of this section, shall post in the Office of Zoning Administration a satisfactory corporate surety bond (to be approved by the City Attorney and duplicates to be furnished to the City Attorney) in the sum of $5,000 in favor of the City of Los Angeles, conditioned upon the performance by the applicant of all of the conditions, provisions, restrictions and requirements of this section, and all additional conditions, restrictions or requirements determined and prescribed by a Zoning Administrator. No extension of time that may be granted by a Zoning Administrator or any change or specifications or requirements that may be approved or required by the Zoning Administrator or by any other officer or department of the City or any other alteration, modification of waiver affecting any of the obligations of the grantee made by any City authority or by any other power or authority whatsoever shall be deemed to exonerate either the grantee or the surety on any bond posted pursuant to this section.

   (h)   If a Zoning Administrator determines, after first receiving a report and recommendation from the Board of Public Works or its designee, that oil drilling and production activities within the district have caused or may cause subsidence in the elevation of the ground within the district or in the immediate vicinity, then after consulting with recognized experts in connection with that problem and with those producing hydrocarbons from the affected area, the Zoning Administrator shall have the authority to require the involved oil producer or producers to take corrective action, including re-pressurizing the oil producing structure or cessation of oil drilling and production.

   (i)   A Zoning Administrator may impose additional conditions or require corrective measures to be taken if the Zoning Administrator finds, after actual observation or experience with drilling one or more of the wells in the district, that additional conditions are necessary to afford greater protection to surrounding property.

   3.   (None)

   4.   Los Angeles City Oil Field Area. Each oil drilling district established in the Los Angeles City Oil Field Area shall be subject to the following conditions:

   (a)   The boundary of each district shall follow the center line of city streets as far as practicable;

   (b)   Each district shall include the streets, ways, and alleys within the boundaries thereof and shall be substantially compact in area;

   (c)   The drilling, pumping, redrilling, repairing, maintenance or other servicing of any new oil well Class I or A in said district shall be conducted only on a Drilling and Production Site in the Los Angeles City Oil Field Area upon which site at least one Class I or A oil well was (i) in existence on January 24, 1982; and (ii) had not been abandoned in accordance with State Division of Oil and Gas regulations prior to January 24, 1982; and (iii) has a Los Angeles Fire Department Serial Number, which number was in existence on January 24, 1982;

   (d)   The number of new oil wells Class I or A permitted on such a Drilling and Production Site in the Los Angeles City Oil Field Area shall not exceed one well to each acre in the District;

   (e)   Each applicant, requesting a determination by the Zoning Administrator prescribing the conditions controlling new drilling and production operations as provided in former Subsection H. must have proprietary or contractual authority to drill for oil under the surface of at least 75% of the total land area of the property in the district to be explored.

   (f)   Within one year from the date the written determination is made by a Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H., each applicant or the applicant’s successor in interest shall offer in writing to each record owner of property located in the oil drilling district who has not joined in the lease or other authorization to drill, the right to share in proceeds of production from new wells bottomed in the district upon the same basis as those property owners who have, by lease or other legal consent, agreed to the drilling for and production of oil, gas or other hydrocarbon substances from the sub-surface of the district. The offer hereby required must remain open for acceptance for a period of five years after the date the written determination is made by a Zoning Administrator. During the period the offer is in effect, the applicant, or the applicant’s successor in interest, shall impound all royalties to which the owners or any of them may become entitled in a bank or trust company in the State of California, with proper provisions for payment to the record owners of property in the district who had not signed the lease at the time the written determination was made by a Zoning Administrator, but who accepts the offer in writing within the five-year period. Any royalties remaining in any bank or trust company at the time the offer expires which are not due or payable as provided above shall be paid pro-rata to those owners who, at the time of the expiration, are otherwise entitled to share in the proceeds of the production.

   (g)   The entire site upon which new oil wells are to be drilled shall be adequately fenced and landscaped; plans showing the type and extent of the landscaping shall be first submitted to and approved by the Zoning Administrator.

   (h)   Each applicant requesting a determination by a Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H., shall post in the Office of Zoning Administration a satisfactory corporate surety bond (to be approved by the City Attorney and duplicates to be furnished by the applicant) in the sum of $5,000 in favor of the City of Los Angeles, conditioned upon the performance by the applicant of all of the conditions, provisions, restrictions, and requirements of this section, and all additional conditions, restrictions, or requirements determined and prescribed by a Zoning Administrator. No extension of time that may be granted by a Zoning Administrator or any change of specifications or requirements that may be approved or required by the Zoning Administrator or by any other officer or department of the City or any other alteration, modification or waiver affecting any of the obligations of the grantee made by any city authority or by any other power or authority whatsoever shall be deemed to exonerate either the grantee or the surety of any bond posted pursuant to this section.

   (i)   If a Zoning Administrator determines, after first receiving a report and recommendation from the Board of Public Works or its designee, that oil drilling and production activities within the district have caused or may cause subsidence in the elevation of the ground within the district or in the immediate vicinity, then after consulting with recognized experts in connection with the problem and with those persons producing hydrocarbons from the affected area, the Zoning Administrator shall have the authority to require the involved oil producer or producers to take corrective action, including re-pressurizing the oil producing structure or cessation of oil drilling and production.

   (j)   A Zoning Administrator may impose additional conditions or require corrective measures to be taken if the Zoning Administrator finds, after actual observation or experience with drilling one or more of the wells in the district, that additional conditions are necessary to afford greater protection to surrounding property.

   F.   Additional Conditions. In addition to the standard conditions applying to oil drilling districts, the Council, by ordinance, or the Zoning Administrator may have imposed other conditions in each district as deemed necessary and proper. These Additional Conditions remain to the extent that they were incorporated by reference in an ordinance or into approvals issued by the Zoning Administrator under former Subsection H. and I. of Section 13.01 prior to the effective date of this ordinance.

   Some of these additional conditions, which may have been imposed in the ordinance establishing the districts or by the Zoning Administrator in determining the drilling site requirements, and which may have been applied by reference, are as follows:

   1.   That all pumping units established in said district shall be installed in pits so that no parts thereof will be above the surface of the ground.

   2.   That all oil produced in said district shall be carried away by pipe lines or, if stored in said district, shall be stored in underground tanks so constructed that no portion thereof will be above the surface of the ground.

   3.   That the operator of any well or wells in the district shall post in the Office of Zoning Administration a $5,000 corporate surety bond conditioned upon the faithful performance of all provisions of this article and any conditions prescribed by a Zoning Administrator. No extension of time that may be granted by a Zoning Administrator, or change of specifications or requirements that may be approved or required by the Zoning Administrator or by any other officer or department of the City, or other alteration, modification or waiver affecting any of the obligations of the grantee made by any City authority shall be deemed to exonerate either the grantee or the surety on any bond posted as required in this article.

   4.   That the operators shall remove the drilling rig from each well within thirty (30) days after the drilling of said well has been completed, and thereafter, when necessary, such completed wells shall be serviced by portable drilling rigs.

   5.   That the drilling site shall be fenced or landscaped as prescribed by the Zoning Administrator,

   6.   (None)

   7.   That, except in case of emergency, no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered to or removed from the drilling site, except between the hours of 8:00 a.m. and 8:00 p.m. of any day.

   8.   That adequate fire fighting apparatus and supplies, approved by the Fire Department, shall be maintained on the drilling site at all times during drilling and production operations.

   9.   That no refining process or any process for the extraction of products from natural gas shall be carried on at a drilling site.

   10.   (None)

   11.   (None)

   12.   (None)

   13.   That no more than one well shall be bottomed in each five (5) acres of the drilling district.

   14.   That no new oil wells shall be spudded in after the President of the United States, or other proper authority, has declared that a state of war no longer exists.

   15.   (None)

   16.   (None)

   17.   That any person requesting a determination by the Zoning Administrator prescribing the conditions under which oil drilling and production operations shall be conducted, as provided in former Subsection H., shall agree in writing on behalf of themselves and their successors or assigns, to be bound by all of the terms and conditions of this article and any conditions prescribed by written determination by the Zoning Administrator; provided, however, that the agreement in writing shall not be construed to prevent the applicant or the applicant’s successors or assigns from applying at any time for amendments pursuant to this Article or to the conditions prescribed by the Zoning Administrator, or from applying for the creation of a new district or an extension of time for drilling or production operations.

   18.   That all production equipment used shall be so constructed and operated that no noise, vibration, dust, odor or other harmful or annoying substances or effect which can be eliminated or diminished by the use of greater care shall ever be permitted to result from production operations carried on at any drilling site or from anything incident thereto to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in methods of production shall be adopted as they, from time to time, become available if capable of reducing factors of nuisance or annoyance.

   19.   Wells which are placed upon the pump shall be pumped by electricity with the most modern and latest type of pumping units of a height of not more than sixteen (16) feet. All permanent equipment shall be painted and kept in neat condition. All production operations shall be as free from noise as possible with modern oil operations.

   20.   All drilling equipment shall be removed from the premises immediately after drilling is completed, sump holes filled, and drilling or service rigs removed within sixty (60) days after the completion of the well.

   21.   That, subject to the approval of the Board of Fire Commissioners, the operators shall properly screen from view all equipment used in connection with the flowing or pumping of wells.

   22.   Upon the completion of the drilling of a well the premises shall be placed in a clean condition and shall be landscaped with planting of shrubbery so as to screen from public view as far as possible, the tanks and other permanent equipment, such landscaping and shrubbery to be kept in good condition.

   23.   That not more than two wells may be drilled in each city block of the drilling district and bottomed under that block. However, at the discretion of the Zoning Administrator, surface operations for additional wells may be permitted in each of the blocks where each additional well is to be directionally drilled and bottomed under an adjacent block now or hereafter established in an oil drilling district in lieu of a well drilled on the adjacent block and under a spacing program which will result in not exceeding two wells bottomed under each block.

   24.   That not more than one (1) well shall be drilled in each city block of the drilling district; provided, however, that a second well may be drilled in that block bounded by “L”, Gulf Avenue, Denni Street and Wilmington Boulevard, only in the event said second well be directionally drilled or whipstocked so that the bottom of the hole will be bottomed under the (Gulf Avenue School property located in the block bounded by “L” Street, Roman Avenue, Denni Street and Gulf Avenue, and in lieu of a well which might otherwise be permitted to be drilled in said last mentioned block.

   25.   That not more than one (1) well may be drilled in each city block of the drilling district.

   26.   That all power operations other than drilling in said district shall at all times be carried on only by means of electrical power, which power shall not be generated on the drilling site.

   27.   (None)

   28.   (None)

   29.   That not more than two (2) wells may be drilled in each city block of the drilling district; provided, however, that two (2) additional wells may be drilled in each of the following described blocks: (a) the block bounded by Q Street, Lakme Avenue, Sandison Street and Broad Avenue; and (b) the block bounded by Sandison Street, Lakme Avenue, Broad Avenue and the southerly boundary of Tract No. 1934, but only if such additional wells are directionally drilled or whipstocked so that they will be bottomed under the Hancock-Banning High school property, located in the block bounded by Delores Street, Broad Avenue, Pacific Coast Highway and Avalon Boulevard, in lieu of the four (4) wells which might otherwise be permitted to be drilled in the last mentioned block.

   30.   (None)

   31.   Not more than four (4) controlled drilling sites shall be permitted in this district, and such sites shall not be larger than two (2) acres.

   32.   The number of wells which may be drilled to any oil sand from the controlled drilling site shall not exceed one (1) well to each five (5) acres in the district, but in no event shall there be more than one (1) well to each two and one-half (2 1/2) acres.

   33.   That drilling operations shall be commenced within, ninety (90) days from the effective date the written determination is made by the Zoning Administrator or Area Planning Commission, or within any additional period as the Zoning Administrator may, for good cause, allow and thereafter shall be prosecuted diligently to completion or else abandoned strictly as required by law and the premises restored to their original condition as nearly as practicable as can be done. If a producing well is not secured within eight (8) months, the well shall be abandoned and the premises restored to its original condition, as nearly as practicable as can be done. The Zoning Administrator, for good cause, shall allow additional time for the completion of the well.

   34.   That an internal combustion engine or electrical equipment may be used in the drilling or pumping operations of the well, and if an internal combustion engine is used, that mufflers be installed on the mud pumps and engine so as to reduce noise to a minimum, all of said installations to be done in a manner satisfactory to the Fire Department and to the Zoning Administrator.

   35.   (None)

   36.   That not more than two (2) production tanks shall be installed for each producing well, neither one of which shall have a rated capacity in excess of one thousand (1,000) barrels; provided, however, that if in the opinion of the Zoning Administrator it is necessary in order to provide for the maximum safety of operations or to decrease the number of individual production tank settings on any property, the Zoning Administrator may increase the number of such production tanks to not more than three (3), having a greater capacity not to exceed two thousand (2,000) barrels each. The Zoning Administrator shall permit such wash tanks or heating facilities as may appear necessary to ship or remove production from the premises. The plans for said tank or tanks, including the plot plan showing the location thereof on the property, shall be submitted to and approved in writing by the Zoning Administrator before said tank or tanks and appurtenances are located on the premises; and that said tank or tanks and appurtenances shall be kept painted and maintained in good condition.

   37.   All waste substances such as drilling muds, oil, brine or acids produced or used in connection with oil drilling operations or oil production shall be retained in water-tight receptors from which they may be piped or hauled for terminal disposal in a dumping area specifically approved for such disposal by the Los Angeles Regional Water Pollution Control Board No. 4.

   38.   Any wells drilled shall be cased tight to bedrock or effective means satisfactory to the State Oil and Gas Supervisor used to prevent vertical movement of groundwater.

   39.   The applicant shall provide the Department of Water and Power and the State Oil and Gas Supervisor with a precise plot plan of the drilling plant and roads leading thereto, and to make such safeguards as the Department deems necessary to assure the safety of the existing 50" water main which crosses the district involved.

   40.   The Department of Water and Power of the City of Los Angeles shall be permitted to review and inspect methods used in the drilling and producing operations and in the disposal of waste, and shall have the right to require changes necessary for the full protection of the public water supply.

   41.   (None)

   42.   That the number of wells which may be drilled to any oil sand shall not exceed one (1) well to each five (5) acres in the district, but in no event shall there be more than one (1) well to each two and one- half acres.

   43.   That drilling, pumping and other power operations shall at all times be carried on only by electrical power and that such power shall not be generated on the controlled drilling site or in the district.

   44.   That an internal combustion engine or steam-driven equipment may be used in the drilling or pumping operations of the well, and, if an internal combustion engine or steam-driven equipment is used, that mufflers be installed on the mudpumps and engine; and that the exhaust from the steam-driven machinery be expelled into one of the production tanks, if such tanks are permitted, so as to reduce noise to a minimum, all of said installations to be found in a manner satisfactory to the Fire Department and Zoning Administrator.

   45.   That drilling operations shall be carried on or conducted in connection with only one well at a time in any one such district, and such well shall be brought in or abandoned before operations for the drilling of another well are commenced; provided, however, that the Zoning Administrator may permit the drilling of more than one well at a time after the discovery well has been brought in.

   46.   That all oil drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for and production of oil, gas and other hydrocarbon substances. Proven technological improvements in drilling and production methods shall be adopted as approved by the Zoning Administrator, as they may become, from time to time, available, if capable of reducing factors of nuisance and annoyance.

   47.   That all parts of the drilling or service rig above the drilling or service rig floor not reasonably necessary for ingress and egress including the elevated portion thereof used as a hoist, shall be enclosed with fire-resistive soundproofing material approved by the Fire Department and the Zoning Administrator, and the same shall be painted or stained so as to render the appearance of said drilling or service rig as unobtrusive as practicable.

   48.   That all tools, pipe and other equipment used in connection with any drilling or production operations shall be screened from view, and all drilling operations shall be conducted or carried on behind a solid fence, which shall be maintained in good condition at all times and be painted or stained so as to render such fence as unobtrusive as practicable.

   49.   That no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered to or removed from the controlled drilling site except between the hours of 8:00 o’clock a.m. and 6:00 o’clock p.m., on any day, except in case of emergency incident to unforeseen drilling or production operations, and then only when permission in writing has been previously obtained from the Zoning Administrator.

   50.   That no earthen sumps shall be used.

   51.   That within sixty (60) days after the drilling of each well has been completed, and said well placed on production, or abandoned, the drilling or service rig, all boilers and all other drilling equipment shall be entirely removed from the premises unless such drilling or service rig and appurtenant equipment is to be used within a reasonable time limit determined by the Administrator for the drilling of another well on the same controlled drilling site.

   52.   That no oil, gas or other hydrocarbon substances may be produced from any well hereby permitted unless all equipment necessarily incident to such production is completely enclosed within a building, the plans for said building to be approved by the Department of Building and Safety and the Fire Department. This building shall be of a permanent type, of attractive design and constructed in a manner that will eliminate as far as practicable, dust, noise, noxious odors and vibrations or other conditions which are offensive to the senses, and shall be equipped with such devices as are necessary to eliminate the objectionable features mentioned above. The architectural treatment of the exterior of such a building shall also be subject to the approval of the Administrator.

   53.   That no oil, gas or other hydrocarbon substances may be produced from any well hereby permitted where same is located within or immediately adjoining subdivided areas where ten (10) percent of the lots or subdivided parcels of ground, within one- half (1/2) mile radius thereof, are improved with residential structures, unless all equipment necessarily incidental to such production is countersunk below the natural surface of the ground and such installation and equipment shall be made in accordance with Fire Department requirements.

   54.   That there shall be no tanks or other facilities for the storage of oil erected or maintained on the premises and that all oil products shall be transported from the drilling site by means of an underground pipe line connected directly with the production pump without venting products to the atmospheric pressure at the production site.

   55.   That not more than two production tanks shall be installed on said drilling site, neither one of which shall have a rated capacity in excess of one thousand (1,000) barrels; that the plans for said tank or tanks, including the plot plans showing the location thereof on the property, shall be submitted to and approved in writing by the Administrator before said tank or tanks and appurtenances are located on the premises, and that said tank or tanks and appurtenances shall be kept painted and maintained in good condition at all times.

   56.   That any production tanks shall be countersunk below the natural surface of the ground and the installation thereof shall be made in accordance with safety requirements of the Fire Department.

   57.   That no refinery, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises at anytime.

   58.   That no sign shall be constructed, erected, maintained or placed on the premises or any part thereof, except those required by law or ordinance to be displayed in connection with the drilling or maintenance of the well.

   59.   That suitable and adequate sanitary toilet and washing facilities shall be installed and maintained in a clean and sanitary condition at all times.

   60.   That any owner, lessee or permittee and their successors and assigns, must at all times be insured to the extent of one hundred thousand dollars ($100,000) against liability in tort arising from drilling or production, or activities or operations incident thereto, conducted or carried on under or by virtue of the conditions prescribed by written determination by the Zoning Administrator as provided in former Subsection H. of this section. The policy of insurance issued pursuant hereto shall be subject to the approval of the City Attorney, and duplicates shall be furnished to the City Attorney. Each such policy shall be conditioned or endorsed to cover such agents, lessees or representatives of the owner, lessee or permittee as may actually conduct drilling, production or incidental operations permitted by such written determination by the Administrator.

   61.   (None)

   62.   All onshore drilling and production installations or facilities shall be removed and the premises restored to their original conditions after all oil and gas wells have been abandoned, unless the City Planning Commission determines otherwise.

   63.   (None)

   64.   (None)

   G.   (None)

   H.   (None)

   I.   (None)

   J.   (None)

   K.   Maintenance of Drilling and Production Sites. The following regulations shall apply to existing nonconforming oil wells within the City of Los Angeles, including oil wells operating pursuant to any zone variance, whether by ordinance or approval of a Zoning Administrator, and all oil wells in an M3 Zone which are within 500 feet of a more restrictive zone, until such uses are required to cease operations pursuant to LAMC Section 12.23 C.4.:

   1.   All stationary drilling and service rigs, including their floors and foundations, shall be removed within 30 days after completion or abandonment of the well (notwithstanding any other provisions of this Code to the contrary).

   2.   The motors, engines, pumps and tanks of all such oil wells shall be sealed so that no offensive or obnoxious odor or fumes can be readily detected from any point on adjacent property.

   3.   The well pumping equipment for such wells shall be muffled or soundproofed so that the noise emanating therefrom, measured from any point on adjacent property, is no more audible than surrounding street traffic, commercial or industrial noises measured at the same point.

   4.   The maximum height of the pumping units for such wells shall not exceed 15 feet above existing grade level.

   5.   The site of such wells shall be so landscaped, fenced or concealed that the well and all of its appurtenant apparatus is reasonably protected against public entry, observation or attraction.

SEC. 13.02. “S” ANIMAL SLAUGHTERING DISTRICTS.

   A.   Application. The provisions of this section shall apply to the districts wherein animal slaughtering is permitted.

   B.   Conditions. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) In the ordinance establishing an animal slaughtering district, the Council may impose conditions as it deems necessary and proper. In its report to the Council relative to the establishment of a district, the City Planning Commission may suggest conditions for consideration.

   C.   (Initiative Ordinance No. 10,999, as amended by Ordinance No. 36,675, (N.S.) repealed by voters April 5, 1977).

   D.   Other Districts. In addition to the districts established by Subsection C. of this section, other districts within which animal slaughtering is permitted and the conditions applying thereto shall be subject to the approval of development plans by the Administrator. (Amended by Ord. No. 177,103, Eff. 12/18/05.)

   E.   Development Plans. Prior to the erection or enlargement of any building in any animal slaughtering district and prior to the development of an animal slaughtering plant in a new district established in accordance with the provisions in this section, plans for the use shall first be submitted to and approved by the Zoning Administrator. In approving the plans, the Zoning Administrator may require changes and additional improvements in connection with the proposed development as the Zoning Administrator deems necessary in order to give effect to the provisions of this section and to other provisions of this chapter relating to zoning, and which are not in conflict with the conditions specified in the ordinance establishing the district. Any determination by the Zoning Administrator may be appealed to the Area Planning Commission as provided for in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   F.   Permits – No permit shall be issued for the development of an animal slaughtering plant, or for the erection, enlargement or maintenance of buildings for animal slaughtering purposes, and no person shall perform any such development or construction work, except in full compliance with plans approved by the Administrator as herein provided.