(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Public Benefit Projects and Performance Standards. Where not permitted by right or by Conditional Use Permit pursuant to Subsections U., or W. of Section 12.24. of this Chapter, the following public benefit uses are permitted in any zone, unless restricted to certain zones or locations. The uses shall meet the following performance standards or conditional use permit approved pursuant to Subsection B. of this Section. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
1. Cemeteries.
(a) Performance Standards:
(1) All buildings on the site are at least 300 feet from any adjoining street or any A or R zoned property or residential use;
(2) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties;
(3) There is a solid, decorative, masonry or wrought iron wall or fence at least eight feet in height, or the maximum height permittee by the zone, whichever is less. The wall or fence encircles the periphery of the property and does not extend into the required front yard setback;
(4) The front yard setback is as least as deep as the setback required by the zone;
(5) The property is improved with a ten foot landscaped buffer along the periphery of the property which is maintained and is equipped with an automatic irrigation system;
(6) The site has only one double- faced monument sign, with a maximum of 20 square feet per side;
(7) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence; (Amended by Ord. No. 173,492, Eff. 10/10/00.)
(8) All streets, alleys or sidewalks adjoining the property meet standard street dimensions; (Amended by Ord. No. 173,492, Eff. 10/10/00.)
(9) The use meets the parking requirements of Section 12.21 A.; and (Added by Ord. No. 173,492, Eff. 10/10/00.)
(10) The property has sufficient areas for assembly. (Added by Ord. No. 173,492, Eff. 10/10/00.)
(b) Purposes: (Amended by Ord. No. 173,492, Eff. 10/10/00.) The purposes of these Performance Standards are to provide landscaping, open space, scale, bulk, height, yards and setbacks, particularly with regard to the main building, which are similar to those in the adjacent properties in the neighborhood. Signage, where permitted by city regulations, should not exceed in size or number those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level on adjoining or abutting properties after completion of the project. Sufficient off-street parking should be provided so as to preclude the need for utilization of on-street parking by the use allowed on the site. Assembly areas for funeral services should be located so as not to block the City streets. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current level of service. Ingress and egress to the main buildings or uses on the site should be sufficient to accommodate expected usage by the public and/or occupants of the facility. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should be located so as to not reflect on adjoining residential uses. A decorative wall or fence should be located to ensure protection for the site and adjacent uses. Graffiti should be prevented and eliminated when it is found on the site.
2. Density increase for a Housing Development Project to provide for additional density in excess of that permitted in Section 12.22 A.25. (Amended by Ord. No. 179,681, Eff. 4/15/08.)
(a) Performance Standards:
(1) The development project contains the requisite number of Restricted Affordable Units as set forth in Section 12.24 U.26.(a)(1) through (5) of the Los Angeles Municipal Code; (Amended by Ord. No. 185,373, Eff. 2/26/18.)
(2) The development project complies with the standards contained in the Affordable Housing Incentives Guidelines approved by the City Planning Commission;
(3) The use is conducted in conformance with the City’s noise regulations pursuant to Chapter 11 of this Code;
(4) No buildings are higher than any main building on adjoining property;
(5) All portions of the required front yard not used for necessary driveways and walkways, including decorative walkways, are landscaped and maintained, not otherwise paved, and equipped with an automatic irrigation system;
(6) The development meets the open space requirements of Section 12.21 G.;
(7) Only one identification sign is displayed on the site and it is on the building face. The sign does not exceed 20 square feet, does not extend more than two feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building;
(8) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties;
(9) Yards, at a minimum, should meet Code requirements or those prevalent on adjoining or abutting properties, whichever is the most restrictive;
(10) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence; (Amended by Ord. No. 173,492, Eff. 10/10/00.)
(11) Parking areas are landscaped pursuant to the requirements of Section 12.21 A.6.; (Amended by Ord. No. 173,492, Eff. 10/10/00.)
(12) All streets, alleys and sidewalks adjoining the property meet standard street dimensions; (Added by Ord. No. 173,492, Eff. 10/10/00.)
(13) A solid, decorative, masonry or wrought iron wall or fence at least six feet in height, or the maximum height permitted by the zone, whichever is less. The wall or fence encircles the periphery of the property and does not extend into the required front yard setback; and (Amended by Ord. No. 177,103, Eff. 12/18/05.)
(14) There are no outdoor public telephones on the site. (Added by Ord. No. 173,492, Eff. 10/10/00.)
(b) Purposes: (Amended by Ord. No. 173,492, Eff. 10/10/00.) The purposes of these Performance Standards are to provide for landscaping, open space, scale, bulk, height, yards and setbacks, particularly with regard to the main buildings, which are similar to those in the adjacent properties in the neighborhood. Signage, where permitted by City regulations, should not exceed in size or number those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level so as to be disturbing to persons on adjoining or abutting properties after completion of the project. Public telephones on the site should be located to discourage loitering. Sufficient off-street parking should be provided to preclude the need for utilization of on-street parking by the use allowed on the site. The proposed use should be designed in a manner that will minimize the generation of loitering of individuals on or adjacent to the site. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current level of service. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should not reflect on adjoining residential uses. Walls, fences, or other visible security devices should be similar to those on the adjoining properties. Graffiti should be prevented and eliminated when it is found on the site. The use should encourage the availability of affordable housing.
3. Libraries, museums, fire or police stations or governmental enterprises which are controlled by this article.
(a) Performance Standards:
(1) The use is conducted in conformance with the City’s noise regulations pursuant to Chapter 11 of this Code;
(2) There are no outdoor public telephones on the site; (Amended by Ord. No. 173,492, Eff. 10/10/00.)
(3) No buildings are higher than any structure on adjoining property;
(4) No guard dogs are used to patrol at night;
(5) There is no use of barbed, razor or concertina wire;
(6) Security lighting is provided in parking areas;
(7) Setbacks are at least as deep as required for institutions by Section 12.21 C.3.;
(8) The property is improved with a ten foot landscaped buffer along the periphery of the property which is maintained and is equipped with an automatic irrigation system;
(9) Parking areas are landscaped pursuant to the requirements of Section 12.21 A.6.;
(10) Only one identification sign is displayed on the site and it is on the building face. The sign does not exceed 20 square feet, and does not extend more than two feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building;
(11) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties;
(12) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence;
(13) The use meets the parking requirements of Section 12.21 A.;
(14) The site is a corner site;
(15) The majority of the frontage is on a major or secondary highway; and
(16) All streets, alleys and sidewalks adjoining the property meet standard street dimensions.
(b) Purposes: The purposes of these Performance Standards are to provide for landscaping, open space, scale, bulk, height, yards and setbacks, particularly with regard to the main buildings, which are similar to those in the adjacent properties in the neighborhood. Signage, where permitted by city regulations, should not exceed in size or number those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level on adjoining or abutting properties after completion of the project. Public telephones on the site should be located to discourage loitering. Sufficient off- street parking should be provided to preclude the need for utilization of on-street parking by the use allowed on the site. The proposed use should be designed in a manner that will minimize the generation of loitering of individuals on or adjacent to the site. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current level of service. Ingress and egress to the main buildings or uses on the site are sufficient to accommodate expected usage by the public and/or occupants of the facility. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should not reflect on adjoining residential uses. Walls, fences, or other visible security devices should be similar to those on the adjoining properties. Graffiti should be prevented and eliminated when it is found on the site.
4. Mobile home parks where any trailer or mobile home is permitted to remain longer than one day, and which were lawfully in existence on December 6, 1986.
(a) Performance Standards:
(1) No buildings are higher than any main building on adjoining property or across a street or alley from the use.
(2) The use is conducted in conformance with the City’s noise regulations pursuant to Chapter 11 of this Code.
(3) There is a solid, decorative, masonry or wrought iron wall/fence at least eight feet in height, or the maximum height permitted by the zone, whichever is less. The wall/fence encircles the periphery of the property and does not extend into the required front yard setback.
(4) The front yard is at least as deep as the setback required by the zone.
(5) The property is improved with a ten foot landscaped buffer along the periphery of the property, which is maintained and is equipped with an automatic irrigation system.
(6) Parking areas are landscaped pursuant to the requirements of Section 12.21 A.6.
(7) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence.
(8) Only one identification sign is displayed on the site and it is on the building face. The sign does not exceed 20 square feet, and does not extend more than two feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building.
(9) (Amended by Ord. No. 173,492, Eff. 10/10/00.) The use meets the parking requirements of Section 12.21
A.;
(10) (Amended by Ord. No. 173,492, Eff. 10/10/00.) All streets, alleys or sidewalks adjoining the property meet standard street dimensions;
(11) (Added by Ord. No. 173,492, Eff. 10/10/00.) There are no outdoor public telephones on the site; and
(12) (Added by Ord. No. 173,492, Eff. 10/10/00.) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties.
(b) Purposes: The purposes of these Performance Standards are to provide for landscaping, open space, scale, bulk, height, yards and setbacks, particularly with regard to the main buildings, which are similar to those in the adjacent properties in the neighborhood. Signage, where permitted by City regulations, should not exceed in size or number those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level so as to disturb persons on adjoining or abutting properties after completion of the project. Public telephones on the site should be located to discourage loitering. Sufficient off-street parking should be provided to preclude the need for utilization of on-street parking by the use allowed on the site. The proposed use should be designed in a manner that will minimize the generation of loitering of individuals on or adjacent to the site. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current existing level of service. Ingress and egress to the main buildings or uses on the site are sufficient to accommodate expected usage by the public and/or occupants of the facility. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should not reflect on adjoining residential uses. Walls, fences, or other visible security devices should be similar to those on the adjoining properties. Graffiti should be prevented and eliminated when it is found on the site.
5. Parks, playgrounds, or recreational or community centers in the A, R or C1 Zones.
(a) Performance Standards:
(1) The outdoor play/recreational area is at least 100 feet away from any A or R zones or residential use;
(2) There are no outdoor public telephones on the site;
(3) There is no public address system or amplified sound on the site;
(4) The use is conducted in conformance with the City’s noise regulations set forth in Chapter 11 of this Code;
(5) The hours of operation are restricted to between 7 a.m. and 10 p.m. of every day;
(6) There is no outdoor activity from dusk to dawn;
(7) No buildings are higher than any main building on adjoining property or across the street or alley from the use;
(8) The property is improved with a ten foot landscaped buffer along the periphery of the property, which is maintained and is equipped with an automatic irrigation system;
(9) Only one identification sign is displayed on the site and it is on the building face. The sign does not exceed 20 square feet, does not extent more than two feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building;
(10) Parking areas are landscaped pursuant to the requirements of Section 12.21 A.6.;
(11) The use meets the parking requirements of Section 12.21 A.;
(12) The site is a corner site;
(13) (Amended by Ord. No. 173,492, Eff. 10/10/00.) The majority of the frontage is on a major or secondary highway;
(14) (Amended by Ord. No. 173,492, Eff. 10/10/00.) All streets, alleys or sidewalks adjoining the property meet standard street dimensions;
(15) (Added by Ord. No. 173,492, Eff. 10/10/00.) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties; and
(16) (Added by Ord. No. 173,492, Eff. 10/10/00.) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence.
(b) Purposes: (Amended by Ord. No. 173,492, Eff. 10/10/00.) The purposes of these Performance Standards are to provide for landscaping, open space, scale, bulk, height, yards and setbacks, particularly with respect to the main buildings, which are similar to those in other properties in the neighborhood. Signage, where permitted by City regulations, should not exceed in size or number those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level on adjoining or abutting properties after completion of the project. When adjacent to residential uses, the site should not be used at times or in a manner that would be disturbing to neighbors. Public telephones should not be located in places where they would encourage loitering. Sufficient off- street parking should be provided to preclude the need for utilization of on-street parking by the use allowed on the site.
The proposed use should be designed so that loitering of individuals on or adjacent to the site will not be generated by the use. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current level of service. Ingress and egress to the main building(s) or uses on the site should be sufficient to accommodate expected usage by the public and/or occupants of the facility. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should be located so that it does not reflect on adjoining residential uses. Graffiti should be prevented or eliminated when it is found on the site.
6. Public utilities and public services uses and structures, except wireless telecommunication facilities and radio or television transmitters in the A, R, C or MR Zones.
(a) Performance Standards:
(1) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties;
(2) The use is conducted in conformance with the City’s noise regulations pursuant to Chapter 11 of this Code;
(3) There are no outdoor public telephones on the site;
(4) No buildings are higher than any building on adjoining property;
(5) No guard dogs are used to patrol at night;
(6) There is no use of barbed, razor or concertina wire;
(7) Security lighting is provided in parking areas;
(8) The property is improved with a ten foot landscaped buffer along the periphery of the property which is maintained and is equipped with an automatic irrigation system;
(9) Parking areas are landscaped pursuant to the requirements of Section 12.21 A.6.;
(10) Only one identification sign is displayed on the site and it is on the building face. The sign does not exceed 20 square feet, and does not extend more than two feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building;
(11) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence;
(12) The use meets the parking requirements of Section 12.21 A.;
(13) The site is a corner site;
(14) Yards, at a minimum, should meet Code requirements or those prevalent on adjoining properties, whichever is the most restrictive;
(15) The majority of the frontage is on a major or secondary highway; and
(16) All streets, alleys or sidewalks adjoining the property meet standard street dimensions.
(b) Purposes: The purposes of these Performance Standards are to provide for landscaping, open space, scale, bulk, height, yards and setbacks, particularly with regard to the main buildings, which are similar to those in the adjacent properties in the neighborhood. Signage, where permitted by City regulations, should not exceed in size or number of those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level on adjoining or abutting properties after completion of the project. Public telephones on the site should be located to discourage loitering. Sufficient off-street parking should be provided to preclude the need for utilization of on-street parking by the use allowed on the site. The proposed use should be designed in a manner that will minimize the generation of loitering of individuals on or adjacent to the site. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current level of service. Ingress and egress to the main buildings or uses on the site are sufficient to accommodate expected usage by the public and/or occupants of the facility. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should not reflect on adjoining residential uses. Walls, fences, or other visible security devices should be similar to those on the adjoining properties. Graffiti should be prevented and eliminated when it is found on the site.
7. Recreational vehicle parks and mobile home parks in the A, R or C Zones where any trailer, mobile home or recreational vehicle is permitted to remain longer than one day and which were lawfully created after the effective date of the ordinance adding this use to the Code.
(a) Performance Standards:
(1) No buildings are higher than any main building on adjoining property or across a street or alley from the use;
(2) The use is conducted in conformance with the City’s noise regulations pursuant to Chapter 11 of this Code;
(3) There is a solid decorative masonry or wrought iron wall/fence at least eight feet in height, or the maximum height permitted by the zone, whichever is less. The wall/fence encircles the periphery of the property and does not extend into the required front yard setback;
(4) The front yard setback is at least as deep as the setback required by the zone;
(5) The property is improved with a ten foot landscaped buffer along the periphery of the property, which is maintained and is equipped with an automatic irrigation system;
(6) Parking areas are landscaped pursuant to the requirements of Section 12.21 A.6.;
(7) Only one identification sign is displayed on the site and it is on the building face. The sign does not exceed 20 square feet, and does not extend more than 2 feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building;
(8) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence;
(9) (Amended by Ord. No. 173,492, Eff. 10/10/00.) The use meets the parking requirements of Section 12.21
A.;
(10) (Amended by Ord. No. 173,492, Eff. 10/10/00.) All streets, alleys or sidewalks adjoining the property meet standard street dimensions;
(11) (Added by Ord. No. 173,492, Eff. 10/10/00.) There are no outdoor public telephones on the site; and
(12) (Added by Ord. No. 173,492, Eff. 10/10/00.) Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties.
(b) Purposes: The purposes of these Performance Standards are to provide for landscaping, open space, scale, bulk, height, yards and setbacks, particularly with regard to the main buildings, which are similar to those in the adjacent properties in the neighborhood. Signage, where permitted by City regulations, should not exceed in size or number those located on the same block or across the street from the site. The noise levels created on the site should not increase the ambient noise level so as to be disturbing to persons on adjoining or abutting properties after completion of the project. Public telephones on the site should be located to discourage loitering. Sufficient off-street parking should be provided to preclude the need for utilization of on-street parking by the use allowed on the site. The proposed use should be designed in a manner that will minimize the generation of loitering of individuals on or adjacent to the site. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the existing level of service. Ingress and egress to the main buildings or uses on the site are sufficient to accommodate expected usage by the public and/or occupants of the facility. Access to and from the site should be sufficient to meet police and fire safety needs beyond the explicit requirements of City codes as determined by the Police, Fire and Building and Safety Departments. Lighting on the site should not reflect on adjoining residential uses. Walls, fences, or other visible security devices should be similar to those on the adjoining properties. Graffiti should be prevented and eliminated when it is found on the site.
8. Shelters for the homeless (as defined in Section 12.03) containing not more than 30 beds are permitted by right in the R3, M1, M2 and M3 Zones with reduced parking requirements.
(a) Performance Standards:
(1) There no other shelters for the homeless within 300 feet of the subject property;
(2) The use is conducted in conformance with the City’s noise regulations pursuant to Chapter 11 of this Code;
(3) There are no outdoor public telephones on the site;
(4) No signs are present on the property relating to its use as a shelter for the homeless;
(5) No outdoor toilets are present on the site;
(6) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence;
(7) At least ten percent of the number of parking spaces otherwise required by Section 12.21 A.4. are provided, and in no event are fewer than two spaces provided; and
(8) All streets, alleys or sidewalks adjoining the property meet standard street dimensions.
(b) Purposes: Shelters should be separated from one another a sufficient distance to avoid too many in one neighborhood. Noise levels created on the site should not increase the ambient noise level on adjoining or abutting properties after completion of the project. In order to avoid attracting persons hostile to the occupants, the site should be designed to remain anonymous. Sufficient off-street parking should be provided so as to preclude the need for utilization of on-street parking by the use allowed on the site. The proposed use should be designed so that loitering of individuals on or adjacent to the site will not be generated by the use. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the current level of service. Public telephones should be located so as to avoid loitering. Measures should be taken to protect public health by preventing and eliminating graffiti when it is found on the site.
9. The installation and maintenance of trailers for use as temporary accommodations for homeless persons. The term “temporary accommodations” shall have the same meaning that it has in the definition of “shelter for the homeless” in Section 12.03. The height and area regulations contained in other provisions of this chapter shall not apply to trailers permitted pursuant to this subdivision. Parking spaces otherwise required by this Code for the trailers permitted pursuant to this subdivision shall not be required.
(a) Performance Standards:
(1) The installation and maintenance of no more than six trailers for use as temporary accommodations for homeless persons is carried out and maintained by a religious or philanthropic institution on the site of the institution; or by a government unit, agency or authority on each individual property owned by the government unit, agency or authority;
(2) There are no shelters for the homeless within 300 feet of the public property;
(3) (Amended by Ord. No. 173,374, Eff. 8/3/00.) There is a solid, decorative, masonry or wrought iron wall or fence at least eight feet in height, or the maximum height permitted by the zone, whichever is less. The wall or fence encircles the periphery of the property and does not extend into the required front yard setback;
(4) The use is conducted in con- formance with the City’s noise regulations pursuant to Chapter 11 of this Code;
(5) No signs are present on the property relating to its use as a shelter for the homeless;
(6) No outdoor toilets are present on the site;
(7) (Amended by Ord. No. 173,492, Eff. 10/10/00.) All graffiti on the site is removed or painted over in the same color as the surface to which it is applied within 24 hours of its occurrence;
(8) (Amended by Ord. No. 173,492, Eff. 10/10/00.) All streets, alleys or sidewalks adjoining the property meet standard street dimensions; and
(9) (Added by Ord. No. 173,492, Eff. 10/10/00.) The use shall not be within 500 ft. of a residential zone or use.
(b) Purposes: (Amended by Ord. No. 173,492, Eff. 10/10/00.) Shelters should be separated from one another a sufficient distance to avoid too many in one neighborhood. Noise levels created on the site should not increase the ambient noise level on adjoining or abutting properties after completion of the project. In order to maintain appropriate quality of the neighborhood and safety to occupants, the site should be designed to remain anonymous. The proposed use should be designed so that loitering of individuals on or adjacent to the site will not be generated by the use. City streets should meet City standards in order to ensure safe vehicular ingress and egress to the site and to ensure that traffic does not exceed the level of service. Public telephones should be located so as to avoid loitering. Graffiti should be prevented and eliminated when it is found on the site. The proposed use should protect the integrity of the surrounding neighborhood.
10. Existing non-permitted dwelling units where affordable housing is provided. (Added by Ord. No. 184,907, Eff. 5/17/17.)
(a) Purpose. The purpose of this subdivision is to further health and safety standards in multi-family buildings and preserve and create affordable housing units by establishing procedures to legalize certain pre- existing unpermitted dwelling units in conformance with the State Density Bonus provisions in California Government Code Section 65915. The grant of permitted status to pre-existing unpermitted units under this subdivision shall not be considered an increase in density or other change which requires any corresponding zone change, general plan amendment, specific plan exception or discretionary action.
(b) Application and Approval. The applicant shall submit an application on a form developed by the Department of City Planning that contains basic information about the project, the owner and/or applicant and conformance with this section. The Director of Planning shall review all applications for compliance with the eligibility criteria in Paragraph (c), zoning compliance in Paragraph (d) and adherence to the performance standards in Paragraph (f). The application shall be approved by the Director of Planning if the eligibility criteria and performance standards of this subsection are met.
(c) Eligibility Criteria. A structure with an unpermitted dwelling unit or guest room located in a zone that allows multiple-family uses (R2 or less restrictive) is eligible for the provisions of this section when the following criteria are met:
(1) Pre-Existing Unit. The unit(s) to be legalized have been occupied as a residential unit at any time between December 11, 2010, and December 10, 2015. Examples of the types of evidence to establish occupancy include, but are not limited to: an apartment lease; utility bill; Rent Stabilization Ordinance (RSO) Rent Registration Certificate; code enforcement case documentation (e.g., Orders to Comply); or other evidence identified on the application form and made available for public inspection in the case file.
(2) Restricted Affordable Units. At least one additional Restricted Affordable Unit is being provided on the project site. A Restricted Affordable Unit is defined for this section as a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Very Low, Low or Moderate Income households, as those income ranges are defined by the California Department of Housing and Community Development (HCD) or any successor agency. Affordable means that rents or housing expenses cannot exceed 30 percent of the maximum gross income of each respective household income group. Moderate Income units may be utilized, provided the project is not located in a Low-Moderate Census Tract pursuant to the Community Reinvestment Act. A covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that each required Restricted Affordable Unit shall be reserved and maintained for at least 55 years from the issuance of the Certificate of Occupancy. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(d) Zoning Compliance. A property meeting the eligibility criteria above must comply with all applicable zoning codes, except:
(1) The number of allowable dwelling units or guest rooms can be increased up to 35 percent over the otherwise maximum allowable residential density under any applicable zoning ordinance and/or specific plan, depending on the percentage of Restricted Affordable Units provided in the building, pursuant to the density bonus charts in California Government Code Section 65915(f). These charts can be extended proportionally to permit both a density increase and an affordable set-aside less than what is shown on the charts.
(2) For properties which have more permitted units than are allowed under current maximum allowable residential density, an increase in current maximum allowable density beyond 35 percent may be authorized as long as the project offers sufficient Restricted Affordable Units to achieve at least a 35 percent density bonus pursuant to the density bonus charts in California Government Code Section 65915(f) and the increase in number of units does not exceed 35 percent of the number of permitted units on the property. Notwithstanding the actual number of permitted units on the property, the base number of units for calculating the percentage of Restricted Affordable Units shall be the units allowed by the current maximum residential density.
(3) A property containing one structure with two permitted dwelling units in a zone that allows multiple-family uses may legalize a third unit as long as one of the units is a Restricted Affordable Unit, even if the third unit increases the density by more than 35 percent.
(4) An applicant may choose any one of the following methods of calculating required parking, if applicable, in conjunction with the bicycle parking provisions in LAMC Section 12.21 A.4.:
(i) Parking may be re- calculated for all units in the project (not just the restricted units) using Parking Option 1 in LAMC Section 12.22 A.25.(d);
(ii) Parking may be calculated by maintaining all existing parking and providing additional parking just for the newly legalized unit(s) in accordance with Parking Option 2 in LAMC Section 12.22 A.25.(d) as long as one Restricted Affordable Unit or dwelling unit for Low Income individuals who are 62 years of age or more, or who has a physical or mental impairment that limits one or more major life activities is provided for each legalized unit; or
(iii) Parking may be calculated by maintaining all existing parking and providing additional parking at a ratio of 0.5 parking spaces per bedroom for the newly legalized units for a project located within one half mile of a Major Transit Stop, which is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak com- mute period or a major transit stop included in the applicable Regional Transportation Plan/Sustainable Community Strategy (RTP/STS).
If the net new number of required parking spaces is other than a whole number, it shall be rounded up to the next whole number.
(5) The passageway provisions of LAMC Sections 12.21 C.2.(b) through (e) shall not apply to projects meeting the requirements of this section.
(6) The applicant shall be eligible for up to three concessions or incentives in accordance with Government Code Section 65915(d)(2), depending on the percentage of Restricted Affordable Units provided. For the purposes of this subdivision, a concession or incentive means a reduction in a site development standard or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, including, but not limited to, a reduction in open space requirements and in the ratio of vehicular parking spaces that would otherwise be required.
(7) The City may not apply a development standard that will physically preclude the legalization of a project which meets the eligibility criteria of Paragraph (c) at the densities or with the concessions or incentives permitted by this section. Development standards, include, but are not limited to: a site condition; a height limitation; a setback requirement; a floor area ratio; an onsite open-space requirement; or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. Development standards do not include conditions imposed through discretionary approvals. Incentives shall not be used to exempt compliance with performance standards.
(8) The street dedication provisions of LAMC Section 12.37 shall not apply when units are legalized under this subdivision.
(e) Relationship to the Affordable Housing Incentive Guidelines. The City’s Affordable Housing Incentive Guidelines shall not apply to projects under this subsection.
(f) Performance Standards. The property shall meet the following performance standards:
(1) Front Yard Landscaping. All portions of the required front yard not used for necessary driveways and walkways, including decorative walkways, are landscaped and maintained, and not otherwise paved;
(2) Lighting. Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties;
(3) Parking Area. Any surface parking areas are landscaped pursuant to the requirements of LAMC Section 12.21 A.6.(i);
(4) Signage. Any illegal signage shall have been removed;
(5) Code Violations. The project site must not have any outstanding code violations other than those being addressed by the application under this section; and
(6) Unpermitted Building Area Expansion. The units to be legalized shall not result or have resulted in an unpermitted expansion of the building footprint or height, except that additions of less than 250 square feet, not resulting in any additional height, may be permitted, provided it is not located on the building frontage adjoining the front yard. The purpose of this standard is to limit exterior alterations to those that are minor and do not have a significant impact on the visual character of the building or neighborhood.
(g) Conditional Use Permit. If compliance with the Performance Standards is not met, the applicant may apply for a conditional use permit pursuant to the procedures in Subsection B. of this Section. The eligibility criteria in Paragraph (c) and the zoning compliance standards in Paragraph (d) must be met in order to qualify for conditional use permit. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
11. Certified Farmers’ Markets, as defined in Section 1392.2, Title 3, of the California Code of Regulations as that section may be amended from time to time, are permitted by right in the A, C, M and P Zones and subject to the following Performance Standards: (Added by Ord. No. 185,514, Eff. 6/4/18.)
(a) Performance Standards:
(1) All market activities shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m., except that necessary preparation of the site for sales activities and cleanup may be conducted for not more than one hour before and one hour after this period. No Certified Farmers’ Market may operate more than twice in the same week;
(2) Any light used during market activities shall be shielded so as not to shine directly or indirectly on adjacent property or streets;
(3) The operator of a Certified Farmers’ Market shall provide trash containers during the hours of operation;
(4) Signs advertising the market shall conform to Article 4.4 of this Code;
(5) The noise level of any activity related to a Certified Farmers’ Market abutting an A or R zone shall not exceed the ambient noise levels applicable to an A or R zone as set forth in Section 111.03 of the Municipal Code, and as measured at the property line of any adjacent A or R zone. The noise level from any Certified Farmers’ Market includes noise resulting from the use of amplified sound equipment;
(6) Any portion of the lot used for market activities shall be cleaned at the close of hours of operation. For purposes of this section only, “cleaned” shall include, but not be limited to, the removal of stalls, materials, debris and trash, etc., used in conjunction with market activities;
(7) The operator of a Certified Farmers’ Market shall maintain a list of vendors participating in the Certified Farmers’ Market during the day of operation;
(8) Certification of the Certified Farmers’ Market and contact information for the operator shall be posted at the main entry, and provided as part of the application. The contact person shall be available during the hours of operation and shall respond to any complaints. The operator shall keep a log of complaints received, the date and time received, and their disposition;
(9) When located on a parking lot, the Certified Farmers’ Market shall not use more than 80 percent of the provided parking spaces. Safety barricades that protect vendors and their customers from vehicles shall be used to separate the market and the remaining parking area; and
(10) Electronic Benefit Transfer (EBT) Card payments shall be accepted at the Certified Farmers’ Market. A Food and Nutrition Service (FNS) Number issued by the United States Department of Agriculture shall be provided on the application as proof of EBT card acceptance.
(b) Purpose. Farmers’ markets increase communities’ access to fresh and healthy produce. The purpose of these Performance Standards is to minimize any impacts on the surrounding neighborhood that may result from the operation of a farmers’ market, such as noise, light, trash or parking. Additional permits may be required by other City departments.
12. Interim Use of Motels for Supportive Housing or Transitional Housing. (Added by Ord. No. 185,489, Eff. 4/20/18.) The purpose of this subdivision is to facilitate the interim use of existing transient residential structures, such as motels, Hotels, Apartment Hotels, Transient Occupancy Residential Structures and Hostels as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness. Under this subdivision, the structure may return to its previous use, or any use consistent with the underlying zoning, upon termination of the interim Supportive Housing or Transitional Housing use.
(a) Interim Motel Housing Project. An Interim Motel Housing Project is the physical re- purposing or adaptation of an existing transient residential structure, such as a motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness. The Local Public Agency determines who qualifies as experiencing homelessness or is at risk of homelessness. For purposes of this subdivision only, Local Public Agency is defined as an agency, identified on a list maintained by the Department of City Planning, that funds Supportive Housing and Transitional Housing for persons experiencing homelessness or at risk of homelessness. All Dwelling Units and Guest Rooms in the structure must be used for Supportive Housing or Transitional Housing or a combination of both. The Interim Motel Housing Project must not increase or add Floor Area or expand the building footprint or height, nor shall it increase the total combined number of Dwelling Units or Guests Rooms. Any Floor Area used for onsite Supportive Services shall be considered accessory to the residential use.
(b) Application and Approval.
(1) The Department of Building and Safety shall review all Interim Motel Housing Projects for zoning compliance described in Paragraph (d) and adherence to the performance standards in Paragraph (e). The Interim Motel Housing Project shall be approved if the application requirements, zoning compliance and performance standards of this subsection are met through the approval process, including but not limited to payment of fees, set forth in Chapter IX of the LAMC. Interim Motel Housing Projects shall not be considered an increase in density or other change which requires any corresponding discretionary action.
(2) Prior to issuance of a building permit, the applicant shall provide a copy of an executed contract agreement between the Local Public Agency, the provider of the Supportive or Transitional Housing, and the Interim Motel Housing Project applicant for the provision of onsite Supportive Housing or Transitional Housing, or a combination of both; proof that the applicant has received funding from a Local Public Agency; and proof that the Supportive Housing or Transitional Housing contract is in effect.
(3) If structures or units are subject to the provisions of LAMC Section 47.70 et seq. (Residential Hotel Ordinance) on the date of the Interim Motel Housing Project application, they shall remain subject to all requirements and restrictions in Section 47.70 et seq. during the Supportive Housing or Transitional Housing contract. Interim Motel Housing Project applicants seeking to convert structures subject to the Residential Hotel Ordinance shall also submit an Application for Clearance using the process described in LAMC Section 47.78. At the conclusion of the Supportive Housing or Transitional Housing contract, the number of Residential Units, as defined in LAMC Section 47.73 T., at each participating structure shall be identical to the number of units originally determined by the Los Angeles Housing Department to be Residential Units pursuant to LAMC Section 47.76 or any subsequent number approved as part of an Application for Clearance. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(c) Termination of Supportive Housing or Transitional Housing Contract. Upon any termination of the Supportive Housing or Transitional Housing contract, the Interim Motel Housing Project applicant shall be required, within 90 days, to notify the Department of Building and Safety and to complete one of the following:
(1) Submit an application to the Department of Building and Safety to return to the use, authorized by a Certificate of Occupancy, existing on the date of the Interim Motel Housing Project application, or to any use permitted by the current zoning regulations; or
(2) Provide a copy of a new executed contract agreement to the Department of Building and Safety in accordance with the requirements in Paragraph (b)(2) to begin a new contract term for provision of Supportive Housing or Transitional Housing.
(d) Zoning Compliance.
(1) Interim Motel Housing Projects shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations, including, but not limited to, the following:
(i) Minimum Area per Dwelling Unit or Guest Room. A structure, regardless of any nonconforming status as to the area and density regulations of the underlying zone, may be used for an Interim Motel Housing Project, provided that the structure has a Certificate of Occupancy as a motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, and the conversion does not create any additional total combined number of Dwelling Units or Guest Rooms.
(ii) Off-Street Automobile Parking. Interim Motel Housing Projects shall be exempt from the provisions of LAMC Section 12.21 A.4.(m). During the Supportive Housing or Transitional Housing contract, however, the Interim Motel Housing Project shall maintain and not reduce the number of onsite parking spaces existing on the date of the Interim Motel Housing Project application.
(iii) Use. Notwithstanding the use provisions of the underlying zoning, an Interim Motel Housing Project shall be permitted.
(iv) Change of Use. Section 12.23 B.7. of this Code shall not apply to Interim Motel Housing Projects.
(v) Nonconforming Use of Buildings in Manufacturing Zones. Notwithstanding the regulations contained in Section 12.23 B.4. of this Code, an Interim Motel Housing Project shall be permitted in M Zones.
(2) Minor Interior Alterations for Cooking Facilities. Approved Interim Motel Housing Project applicants may make minor interior alterations adding cooking facilities, including a sink, a refrigerator not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and a hotplate or microwave, to Guest Rooms. In the event a structure is returned to the motel or hotel use in accordance with Paragraph (c)(1), the motel or hotel may maintain any Guest Rooms with added cooking facilities.
(3) Preservation of Nonconforming Rights. Upon termination of the Supportive Housing or Transitional Housing use, any structure that is nonconforming as to area or use regulations or any other zoning code requirements may return to the use and condition, authorized by a Certificate of Occupancy, existing on the date of the Interim Motel Housing Project application, notwithstanding any physical alterations to the subject property. Any Floor Area used for Supportive Services may be returned to use as Guest Rooms or Dwelling Units, or may be converted to accessory amenity spaces, so long as the total number of Dwelling Units or Guest Rooms do not exceed the number approved on the Certificate of Occupancy existing at the time of the application for Interim Motel Housing Project.
(e) Performance Standards. The Interim Motel Housing Project shall meet the following performance standards:
(1) Supportive Service Area. For every 20 Dwelling Units or Guest Rooms, a minimum of one dedicated office space shall be provided for the provision of on- site Supportive Services, including case management. A minimum of one dedicated office space shall be provided for Interim Motel Housing Projects with fewer than 20 total combined Dwelling Units or Guest Rooms. Any Floor Area dedicated to Supportive Services may be provided on- site within an existing building, but shall not exceed 10% of the total Floor Area of the building.
(2) Lighting. Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties.
(3) Security Lighting. Security lighting with illumination of not less than 0.2 footcandles (2.15 lx) shall be provided in parking areas, alleys and any unenclosed spaces under or within the first floor of the building(s).
(4) Recycling and Trash Facilities. Any recycling and trash facilities shall be secured and completely enclosed by a solid wall or fence not less than six feet in height.
(5) Historic Building. An Interim Motel Housing Project shall not involve alteration of an historic character defining feature identified in a nomination or a survey for any project affecting a property listed in or formally determined eligible for a national, state or local historic register, individually or as a contributor to a historic district, unless the Director in consultation with the Office of Historic Resources determines the proposed alteration will not adversely impact the property’s historic eligibility.
(f) Conditional Use Permit. If compliance with the Performance Standards is not met, the applicant may apply for a conditional use permit pursuant to the procedures in Subsection B. of this Section. The requirements in Paragraphs (a) and (b), above, must be met in order to qualify for conditional use permit. In approving the conditional use permit application, the Director shall find that the Interim Motel Housing Project substantially meets the purposes of the Performance Standards, including that it provides an appropriate level of Supportive Services that is accessible to the residents of the Supportive Housing or Transitional Housing. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
13. Density Bonus for Qualified Permanent Supportive Housing. This subdivision is intended to facilitate construction or maintenance of Supportive Housing units pursuant to Sec. 13B.3.1. (Administrative Review) of Chapter 1A
of this Code in conformance with the State density bonus provisions in California Government Code Section 65915. The grant of any bonuses, incentives, or concessions under this subdivision shall not be considered an increase in density or other change which requires any corresponding zone change, general plan amendment, Project Exception or discretionary action. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(a) Definitions. Notwithstanding any provision of this Code to the contrary, the following definitions shall apply to this subdivision:
(1) Qualified Permanent Supportive Housing Project. The construction of, addition to, or remodeling of a building or buildings offering Supportive Housing; located in a zone that allows multiple dwellings (RD1.5 or less restrictive); and where all of the total combined Dwelling Units or Guest Rooms, exclusive of any manager’s units, are affordable. For the purposes of this subdivision, affordable means that rents or housing costs to the occupying residents do not exceed 30 percent of the maximum gross income of Extremely Low, Very Low or Low Income households, as those income ranges are defined by the United States Department of Housing and Urban Development (HUD) or any successor agency, as verified by the Los Angeles Housing Department. A minimum of 50 percent of the total combined Dwelling Units or Guest Rooms is occupied by the Target Population. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(2) Target Population. Persons with qualifying lower incomes who:
(i) Have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, and are homeless as defined by any Los Angeles City, Los Angeles County, State of California, or Federal guidelines; or
(ii) Are chronically homeless, as defined by any Los Angeles City, Los Angeles County, State of California, or Federal guidelines.
(3) Local Public Agency. A local public agency identified on a list maintained by the Department of City Planning that funds Supportive Services, keeps a prequalified list of service providers, or both.
(b) Application and Approval. The applicant shall submit an application on a form developed by the Department of City Planning that contains information about the project, the applicant and conformance with this section. All applications shall be reviewed for compliance with the definitions in Paragraph (a), requirements in Paragraph (c), zoning compliance in Paragraph (d), and adherence to the performance standards in Paragraph (g). The application shall be approved by the Department of City Planning if the eligibility criteria of this Subdivision are met.
(1) Other Affordable Housing Incentive Programs. Except as described in Paragraph (f), applicants for other affordable housing incentive programs, including, but not limited to, the Floor Area Bonus for the Greater Downtown Housing Incentive Area in Section 12.22 A.29.; the Density Bonus provisions in Section 12.22 A.25.; the Transit Oriented Communities Affordable Housing Incentive Program in Section 12.22 A.31.; or affordable housing incentive provisions in community plan implementation overlays (CIPOs), shall not also be eligible for a Qualified Permanent Supportive Housing Project approval at the same location.
(c) Requirements. A Qualified Permanent Supportive Housing Project must comply with the following requirements:
(1) Supportive Services. Applicants shall provide documentation describing the Supportive Services that will be provided onsite and offsite. Prior to any approval of a Qualified Permanent Supportive Housing Project, the applicant shall submit information demonstrating that Supportive Services will be provided to residents of the project. The applicant shall indicate the name of the entity or entities that will provide the Supportive Services, the Local Public Agency funding source(s) for those services, and proposed staffing levels. If a preliminary funding commitment is needed, the applicant shall also submit a signed letter of intent from the Local Public Agency verifying that it is providing a preliminary funding commitment for the Supportive Services. If no funding commitment is needed, the applicant shall demonstrate that the entity or entities that will provide the Supportive Services are service providers prequalified by a Local Public Agency.
(2) Affordable Housing Covenant. Projects shall record a covenant acceptable to LAHD that reserves and maintains the total combined number of Dwelling Units and Guest Rooms designated as restricted affordable for at least 55 years from the issuance of the Certificate of Occupancy. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) Housing Replacement. Projects shall meet any applicable dwelling unit replacement requirements of California Government Code Section 65915(c)(3), or as thereafter amended, as verified by LAHD, and all applicable covenant and monitoring fees in Section 19.14 of this Code shall be paid by the applicant prior to the issuance of any building permit. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) Notification of Application. The following requirements shall be completed at least 30 days prior to the Department of City Planning’s approval of the Qualified Permanent Supportive Housing Project:
(i) The Department shall send written notices of the Qualified Permanent Supportive Housing Project application by U.S. mail to the abutting property owners, applicable Neighborhood Council and the Council District Office of the site; and
(ii) The applicant shall post, in a conspicuous place near the entrance of the property, a public notice of the Qualified Permanent Supportive Housing Project application. The applicant shall submit proof of posting to the Department, which includes submission of a completed public notice form provided by the Department and photographs of the posted notice.
(d) Bonuses and Incentives. A Qualified Permanent Supportive Housing Project meeting the requirements in Paragraph (c) and the performance standards in Paragraph (g) is eligible for the following bonuses and incentives:
(1) Minimum Lot Area per Dwelling Unit or Guest Room. In zones where multiple dwelling uses are permitted (R3 and less restrictive), the number of allowable Dwelling Units or Guest Rooms shall not be subject to the otherwise maximum allowable residential density under any applicable zoning ordinance or specific plan. In the RD1.5 Zone, the minimum lot area per Dwelling Unit or Guest Room shall be 500 square feet. All applicable standards pertaining to height and floor area under any applicable zoning ordinance, specific plan or overlay shall apply.
(2) Automobile Parking Requirements. The following requirements shall apply to all Qualified Permanent Supportive Housing Projects. Up to 40% of the total required parking spaces may be provided by compact stalls.
(i) No parking spaces shall be required for Dwelling Units or Guest Rooms restricted to the Target Population.
(ii) For Qualified Permanent Supportive Housing Projects located within one-half (1/2) mile of a Transit Stop, as defined in Section 12.22 A.25.(b) or of a Major Transit Stop as defined in Section 21155(b) of the Public Resources Code, no more than one-half (1/2) parking space shall be required for each income-restricted Dwelling Unit or Guest Room not occupied by the Target Population. Otherwise, no more than one (1) parking space shall be required for each income-restricted Dwelling Unit or Guest Room not occupied by the Target Population.
(iii) One (1) parking space for every 20 Dwelling Units or Guest Rooms shall be required for the purpose of accommodating guests, supportive services, and case management.
(iv) Exception for Projects Located in the Greater Downtown Housing Incentive Area. For projects located in the Greater Downtown Housing Incentive Area, no parking space shall be required for Dwelling Units or Guest Rooms dedicated or set aside for households that earn less than 50% of the Area Median Income as determined by LAHD. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) Floor Area. Areas designated exclusively for Supportive Services use or public areas accessible to all residents, including those for residential or Supportive Services uses, shall not be considered as floor area of the building for the purposes of calculating the total allowable Floor Area. The Floor Area shall be measured to the center line of wall partitions between public and non-public areas.
(4) Continuing Existing Use. Notwithstanding the use provisions of the underlying zoning, a Qualified Permanent Supportive Housing Project developed pursuant to this subdivision shall be permitted when the project is converted from or is a replacement of a Residential Hotel as defined in Section 47.70 et seq. of this Code, and is a continuation of an existing residential use. The replacement shall comply with the provisions of Section 47.70 et seq. as approved by LAHD. The total number of Dwelling Units or Guest Rooms may be increased as part of the conversion or replacement. This subparagraph shall not apply to a Residential Hotel located in a RD2 or more restrictive residential zone. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(5) Guest Rooms. For the purposes of this subdivision, a Guest Room may contain cooking facilities including a sink, refrigerator not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and a hotplate or microwave.
(e) Additional Concessions or Incentives. The project shall be eligible for any combination of up to five concessions or incentives described below, as applicable. Incentives shall not be used to exempt compliance with the performance standards described in Paragraph (g) below.
(1) Yard/Setback. A Qualified Permanent Supportive Housing Project may only qualify for this incentive when the landscaping qualifies for the number of landscape points equivalent to 10% or more than otherwise required by Section 12.40 E. of this Code and Landscape Ordinance Guidelines “O”. All adjustments to individual yards or setbacks may be combined to count as one concession or incentive.
(i) Up to 20% decrease in the required width or depth of any individual yard or setback, except along a property line that abuts an R1 or more restrictively zoned property, in which case no reduction is permitted.
(ii) In residential zones, however, the resulting front yard setback may not be less than the average of the front yards, as measured to the main building, of adjoining lots along the same street Frontage. If located on a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line, and may result in more or less than a 20% decrease in the required setback. If there are no adjacent buildings, no reduction is permitted.
(2) Lot Coverage. Up to 20% increase in lot coverage limits, provided that the landscaping for the Qualified Permanent Supportive Housing Project qualifies for the number of landscape points equivalent to 10% more than otherwise required by Section 12.40 of this Code and Landscape Ordinance Guidelines “O”.
(3) Floor Area Ratio.
(i) Up to 35% increase in the allowable Floor Area Ratio.
(ii) In the RD1.5 Zone, up to a 20% increase in the allowable Floor Area Ratio.
(iii) In lieu of the otherwise applicable Floor Area Ratio, a Floor Area Ratio not to exceed 3:1, provided the parcel is in a commercial zone.
(4) Height. Up to 35% increase in the maximum allowable height in feet, applicable over the entire parcel regardless of any of the lower underlying height limits. For purposes of this Subparagraph, Section 12.21.1 A.10. of this Code shall not apply. In its place, the following transitional height requirements shall be applied:
(i) In any zone in which the height or number of stories is limited, this provision shall permit a maximum height increase of one additional story up to eleven feet.
(ii) When adjacent to or across an alley from an R2 or more restrictive zone, the building’s transitional height shall be stepped- back within a 45 degree angle as measured from a point 25 feet above grade at the property line.
(iii) In the RD1.5 Zone, when adjacent to or across an alley from an R2 or more restrictive zone, the building’s transitional height shall be stepped-back within a 45 degree angle as measured from a point 20 feet above grade at the property line.
(5) Open Space. Up to 20% decrease in the required open space, provided that the landscaping for the Qualified Permanent Supportive Housing Project qualifies for the number of landscape points equivalent to 10% more than otherwise required by Section 12.40 of this Code and Landscape Ordinance Guidelines “O”.
(6) Common Open Space. Notwithstanding the requirements in Section 12.21 G.2.(a)(4)(i) of this Code, recreation rooms at least 600 square feet in area for a development of 16 or more dwelling units or guest rooms, or at least 400 square feet in area for a development of fewer than 16 dwelling units or guest rooms, may qualify as common open space, but shall not qualify for more than 40 percent of the total required usable open space.
(7) Averaging of Floor Area Ratio, Parking or Open Space, and Permitting Vehicular Access. A Qualified Permanent Supportive Housing Project that is located on two or more contiguous parcels may average the Floor Area, open space and parking over the project site, and permit vehicular access through a more restrictive zone to a less restrictive zone, provided that:
(i) The proposed use is permitted by the underlying zone(s) of each parcel; and
(ii) No further lot line adjustment or any other action that may cause the Qualified Permanent Supportive Housing Project site to be subdivided subsequent to this grant shall be permitted.
(8) Ground Floor Use. Where nonresidential floor area is required by a zoning ordinance, Specific Plan, Community Plan, Pedestrian Overlay Zone or other set of development standards, that requirement may be satisfied by any active ground floor use such as community rooms, resident amenities, supportive service areas, and common open space.
(9) Other Development Standard. Up to a 20% relief may be provided from one other development standard not described in this section, as that term is defined in California Government Code Section 65915(o)(1), or as may be amended from time to time.
[Editor’s note: Subsections (8) and (9) were originally set forth as subsections 5. and 6. in Ord. No. 185,492; renumbered at the discretion of the Code editor.]
(f) Request for Additional Waivers. The City may not apply a development standard that will physically preclude the construction of the Qualified Permanent Supportive Housing Project. Applicants may request additional waivers pursuant to the discretionary review procedures described in Section 12.22 A.25.(g)(3) of this Code. The applicant shall not be required to provide a pro forma or other documentation to show that the waiver or modification of any development standard(s) is needed in order to make the Qualified Permanent Supportive Housing Project economically feasible, but must provide reasonable documentation of its eligibility for the requested waiver. Additional waivers shall not be used to exempt compliance with the performance standards described in Paragraph (g).
(g) Performance Standards. All projects shall meet the following performance standards or shall comply with the alternative compliance measures pursuant to Section 14.00 B. of this Code. If otherwise applicable performance standards or design standards established under any zoning code, specific plan, or other overlay requirements conflict with this Subsection, those requirements shall supersede the standards provided in this Section.
(1) Location Requirement. The Qualified Permanent Supportive Housing Project shall be located within a High Quality Transit Area for the horizon year in the current Regional Transportation Plan/Sustainable Communities Strategy for the Southern California Association of Governments region.
(2) Unit / Guest Room Requirements. Each Dwelling Unit or Guest Room shall have a private bathroom and cooking facilities containing, at minimum, a sink, refrigerator, counter space, and a hotplate or microwave.
(3) Onsite Supportive Services Requirement. Nonresidential floor area shall be provided for onsite Supportive Services in the following ratios:
(i) For Qualified Permanent Supportive Housing Projects with 20 or fewer total combined Dwelling Units or Guest Rooms, no less than 90 square feet of dedicated office space shall be provided; or
(ii) For Qualified Permanent Supportive Housing Projects with greater than 20 Dwelling Units or Guest Rooms, a minimum of 3 percent of the total Residential Floor Area shall be dedicated for onsite Supportive Services provided solely to Project residents, including but not limited to community rooms, case management offices, computer rooms, and/or a community kitchen.
(4) Facade Transparency.
(i) For any building located in a Commercial Zone, a minimum of 25 percent of that portion of the exterior street-facing walls which are between 2 feet to 8 feet above the sidewalk grade shall be comprised of transparent (untinted, unfrosted, non- reflective) windows or openings, exclusive of areas for walkways, driveways, paseos and plazas.
(ii) A minimum of 10 percent of the upper story portions of the exterior street-facing building facade as measured from the top of the finished ground floor to the top of the building facade shall be comprised of transparent (untinted, unfrosted, non- reflective) windows or openings.
(iii) Glass Transparency. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent.
(5) Massing. Buildings more than 200 feet in length along any exterior street- facing building facade shall include a design element that provides visual relief every 100 feet. The design element shall either setback from or step forward from the face of the building by at least a depth of 12 inches and shall be a width of no less than 5 percent of the building face (ex: 5 percent of 100' = 5') and shall extend up the face of the building to at least 50 percent of the facade height.
(6) Mechanical Equipment – Roof Mounted. Roof mounted mechanical equipment shall be set back a minimum of 5 feet from the edge of the roof, and shall be fully screened from the ground level view from all abutting properties and abutting public rights-of-way except alleys. New buildings must provide a parapet wall or other architectural element that fully screens roof mounted equipment from ground level view. Existing buildings with no or low parapet walls shall screen the equipment on all sides by an opaque screen. Sustainable energy systems (including solar panels, rainwater catchment devices and wind turbines) shall be exempt from roof mounted screening requirements.
(7) Mechanical Equipment – Wall Mounted. Wall mounted mechanical equipment that is visible from a public right-of-way must be fully screened by landscaping or an opaque screening material. Screening must be of a height equal to or greater than the height of the mechanical equipment being screened. Sustainable energy systems (including solar panels, rainwater catchment devices and wind turbines) shall be exempt from wall mounted screening requirements.
(8) Building Orientation. All buildings shall be oriented to the street by providing primary entrances, windows, architectural features or balconies on the front and along any street-facing elevations. Primary entrances shall be connected to and visible from a public street such that a pedestrian entering the building need not walk through a vehicle parking area in order to arrive at the entrance.
(9) Landscaping. All portions of the required front yard not used for necessary driveways and walkways, including decorative walkways, shall be landscaped and maintained, and not otherwise paved.
(10) Lighting. Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties.
(11) Surface Parking. Any portions of surface parking areas on which automobile parking is prohibited, or which is otherwise not improved, shall be fully landscaped with lawn, trees, shrubs or suitable groundcover, and no portion except the access driveways shall be paved.
(12) At-Grade Parking. No at-grade parking space shall be located within the front yard. Loading areas and off-street parking facilities containing three or more spaces shall be effectively screened from abutting streets and lots. The screening shall not obstruct the view of the driver entering or leaving the loading area or parking facility, or the view from the street of entrances and exits to a loading area or parking facility. The screening shall consist of one or more of the following:
(i) A strip at least 5 feet in width of densely planted shrubs or trees that are at least 2 feet high at the time of planting and are of a type that may be expected to form, within three years after time of planting, a continuous, unbroken, year round visual screen; or
(ii) A wall, barrier, or fence of uniform appearance. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of the face is open. The wall, barrier or fence shall be between 4 and 6 feet in height.
(13) Construction Standards. The applicant shall comply with all of the construction standards provided in Subparagraphs (i) through (vi), below. The applicant shall retain an independent construction monitor, approved by the Department of Building and Safety (DBS), who shall be responsible for monitoring implementation of the construction standards. The construction monitor shall also prepare documentation of the applicant’s compliance with the construction standards during construction every 90 days in a form and manner satisfactory to the DBS. The documentation must be signed by the applicant and the construction monitor. DBS shall verify that the applicant has or will (by having an appropriately qualified expert(s) under contract as may be necessary) comply with the construction standards prior to issuance of any permits.
(i) No pile driving shall be allowed unless required due to geological conditions. Where piles are needed, they shall be installed through quiet techniques such as vibratory piles.
(ii) If excavating below previously excavated depths, the applicant shall have appropriately qualified experts use all reasonable methods, consistent with professional standards, to determine the potential that archaeological resources, paleontological resources or unique geological feature (resources) are present on the project site, including through record searches and surveys. If a qualified expert determines there is a medium to high potential that resources are on the project site and the project has the potential to impact resources, the qualified expert(s) shall monitor and direct any excavation, grading or construction activities to identify resources and avoid potential impacts to resources.
(iii) If archaeological resources, paleontological resources, or unique geological features (resources) are discovered during excavation, grading or construction activities, applicant shall cease work in the area of discovery until a qualified expert has evaluated the find and the City has taken any necessary measures to preserve and protect the find in accordance with federal, state and local law and guidelines.
(iv) If the project involves soil disturbance on land currently or historically zoned industrial or, previously used, in whole or in part, for a gas station, gas or oil well or dry cleaning facility, the applicant shall hire a qualified Environmental Professional (as defined in Title 40 Code of Federal Regulations Section 312.10 Definitions) to prepare a Phase I and, as needed, a Phase II Environmental Site Assessment. The Site Assessment(s) shall be submitted to DBS and made publicly available. If recommended by the Phase I or, as applicable, Phase II Environmental Site Assessment, a remediation plan shall be prepared by an Environmental Professional including in consultation with or as legally required by any appropriate oversight agencies, (e.g., the Department of Toxic Substances Control and the Los Angeles Regional Water Quality Control Board). If remediation is required, no demolition, grading, or building permit shall issue until either, a No Further Action letter, if required, is issued by an oversight agency, or if no such letter is required, an Environmental Professional has certified that the identified hazardous materials or hazardous waste have been remediated to an acceptable level appropriate to the intended use.
(v) If excavating below previously excavated depths, the applicant shall notify the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the project site if the Tribe requested in writing to be notified of projects in that area. The applicant shall provide notice to the tribes in a form and manner required by the Department. If the Department determines there is a medium to high potential for tribal resources to exist on or near the project site through credible evidence, including evidence that may be submitted by a tribe, as determined by the Director in consultation with the Office of Historic Resources, the excavation in previously undisturbed soils shall be monitored by a qualified Tribal Monitor and/or an archaeologist qualified to identify tribal resources. The applicant shall be required to retain a qualified expert if determined necessary by the Director.
(vi) If tribal resources are discovered during excavation, grading, or construction activities, work shall cease in the area of the discovery until an authorized Tribal Representative has been provided an opportunity to evaluate the find. Construction personnel shall not collect or move any tribal resources. Applicant shall cease work in the area of discovery until a qualified expert has evaluated the find and the City has taken any necessary measures to preserve and protect the find in accordance with federal, state and local law and guidelines.
(14) Historic Resources. The Qualified Permanent Supportive Housing shall not involve a historical resource, as defined by Public Resources Code Section 21084.1 as determined by the Director, in consultation with the Office of Historic Resources.
(h) Purpose. The purpose of this subdivision is to facilitate the expedient production of Supportive Housing units meeting the definitions and regulations established herein in order to provide high-quality, well-serviced and affordable housing units which are responsive to the needs of the Target Population. Qualified Permanent Supportive Housing Projects should be located at sites that are accessible by public transit, including paratransit. Individual Dwelling Units or Guest Rooms should be provided with basic amenities that are sufficient to support independent living. Sufficient non- residential floor area should be made available on the subject property to provide the appropriate level of Supportive Services to the resident Target Population. Architectural features should be incorporated in the building design to ensure that buildings are street-oriented, provide visual interest at the street level, and facilitate pedestrian access. Landscaping should be provided in any front yard area or on any surface parking area to provide additional visual interest at the street level. Lighting on the site should be located so as to not reflect on adjoining residential uses.
(i) Conditional Use Permit. If compliance with Performance Standards is not met, the applicant may apply for a conditional use permit pursuant to the procedures in Subsection B. of this Section. The Application and Approval provisions in Paragraph (b) and the requirements in Paragraph (c) must be met in order to qualify for a conditional use permit. The Construction Performance Standards in Subparagraph (g)(13) must also be met unless the City makes the necessary findings to modify or delete one or more Standards which are also mitigation measures included in the mitigation and monitoring program adopted to approve this ordinance, through a subsequent environmental process prepared for the conditional use permit. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
B. Conditional Use Permit for Public Benefit Projects. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
1. Applicability. If a proposed public benefit project does not comply with the performance standards delineated in Subsection A., the applicant may apply for approval of a conditional use permit pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code.
2. Supplemental Findings. In approving any public benefit project, the Zoning Administrator shall also find that the proposed project substantially meets the purposes of the performance standards set forth in Subsection A.
4. Exceptions to Notice and Hearing Requirements in Subdivision 4.
(a) Shelter for the Homeless Pursuant to Subsection A.8. An application for approval of an conditional use permit for a shelter for the homeless as defined in Section 12.03 of this Chapter shall be set for public hearing, and notice shall be given in the same manner as provided for in Section 13.7.3 (Variance) of Chapter 1A
of this Code. However, in the M1, M2, M3 Zones, the Zoning Administrator may waive the public hearing if the applicant submits with the application the written approval of all of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.
(b) Temporary Accommodations for Homeless Persons Pursuant to Subsection A.9. An application for approval of conditional use permit for temporary accommodations for homeless persons as defined in Section 12.03 of this Chapter need not be set for public hearing. The application shall be submitted on a form and shall be accompanied by information as required by the Zoning Administrator. There shall be no filing fee and no appeal fee in connection with an application.
Before approving an application pursuant to this section, the Zoning Administrator shall notify all adjacent property owners of the pendency of the application and shall provide them an opportunity to present their comments. After making a decision pursuant to this subdivision, the Zoning Administrator shall notify, in writing, the applicant and owners of all properties located within 300 feet of the subject property, of the Zoning Administrator’s decision.
5. Revocation. The revocation procedure that applies to conditional uses and other similar quasi- judicial approvals in Sec. 13B.6.1 (Evaluation of Non- Compliance) of Chapter 1A
of this Code shall also apply to revocations of public benefits that were granted pursuant to the conditional use permits procedures in this Section.