Loading...
A. No building permit shall be issued for a Project on any lot within the Central City TFAR Area, which is not located within the City Center Redevelopment Project Area, that exceeds a Floor Area Ratio greater than 6:1 or 3:1, as set forth by the applicable zoning and in the Community Plan, except for the following:
1. Development permitted by Section 12.23 A. of this Code, when in conformance with the applicable height district designations of the zoning and the Community Plan; and
2. Development permitted as a result of a Transfer of Floor Area Rights or a Director’s Determination for a Floor Area Deviation approved pursuant to this article; and
3. Development permitted as a result of a Transfer of Floor Area Rights pursuant to Section 418, or a density variation pursuant to Section 437, of the former Central Business District Redevelopment Plan, approved by the Agency Board or Commission prior to June 21, 1988; and
4. Development permitted as a result of a Transfer of Floor Area Rights or density variation of less than 50,000 square feet, approved by the Agency Board or the Commission, pursuant to the former Central Business District Redevelopment Plan prior to amendments adopted May 1, 2002, or the Amended Central Business District Redevelopment Plan prior to its expiration on July 18, 2010; and
B. No building permit shall be issued for a Project, on any lot within the City Center Redevelopment Project Area, which exceeds a Floor Area Ratio greater than 6:1 or 3:1, as set forth with respect to a particular lot in Section 512 of the Redevelopment Plan and in the Community Plan, except for the following:
1. Development permitted by Sections 512.2 (Rehabilitation and/or Remodeling of Existing Buildings) and 512.3 (Replacement of Existing Buildings) of the Redevelopment Plan, when in conformance with the applicable height district designations of the Redevelopment Plan and the Community Plan; and
2. Development permitted as a result of a Transfer of Floor Area Rights approved pursuant to this article; and
3. Development permitted as a result of a Transfer of Floor Area Rights pursuant to Section 512.7, or density variation of less than 50,000 square feet, approved by the Agency Board or Commission pursuant to Sections 512.6 and 520 of the Redevelopment Plan; and
For Receiver Sites within the Central City TFAR Area, which are not located within the City Center Redevelopment Project Area, Department staff shall concurrently consult with the Mayor’s Office, the City Council Office for the City Council District in which the Receiver Site is located, and the Chief Legislative Analyst, at the earliest reasonable point in the design and development of any Project applying for a Transfer.
For Receiver Sites within the City Center Redevelopment Project Area, Agency staff shall concurrently consult with the Department of City Planning, the Mayor’s Office, the City Council Office for the City Council District in which the Receiver Site is located, and the Chief Legislative Analyst, at the earliest reasonable point in the design and development of any Project involving a Transfer.
In either case, this consultation shall be known as an Early Consultation Session. The Early Consultation Session shall be used to identify any development issues regarding Project approval, including but not limited to: parking and transportation requirements, Transfers, and Public Benefits. An early consultation shall be accomplished at the earliest reasonable time prior to approval of a Transfer Plan for the Project.
The City Council, acting on recommendations of the Commission or Agency Board, as required, shall have the authority to grant Transfers of Floor Area Rights of 50,000 square feet or greater. A Transfer to any Project in the City Center Redevelopment Project Area shall not, by itself, require an Owner Participation Agreement or Disposition and Development Agreement, or other similar agreement that involves the application of Agency policies.
A. Projects Involving a Transfer on a Receiver Site within the Central City TFAR Area which is not Located within the City Center Redevelopment Project Area.
1. Application. An Applicant seeking a Transfer shall file a request for approval of a Transfer with the Department on a form prescribed by the Director of Planning. The request shall be accompanied by a proposed Transfer Plan. The Transfer Plan shall be the only mechanism for approving the Transfer for any Project involving a Transfer of Floor Area Rights of 50,000 square feet or greater, pursuant to this article. The Department shall forward a copy of the application and Transfer Plan to the Mayor’s Office, the City Council Office for the City Council District in which the Receiver Site is located, and the Chief Legislative Analyst within 7 calendar days of receiving the application. For purposes of this section, an application shall be deemed to be complete when the Department has received sufficient information with which to prepare an initial study to assess the environmental impacts of the proposed Project.
2. Action by Commission. The Director shall issue a report to the Commission recommending approval, approval with conditions or disapproval of the request for Transfer, including the Public Benefit Payment and the TFAR Transfer Payment to be provided, with the recommendation to be based solely upon the degree that the Transfer Plan complies with the findings and conditions set forth in this section. After reviewing the Director’s report, the Commission must make the following findings in order to recommend approval to the City Council:
(a) Findings.
(1) The increase in Floor Area generated by the proposed Transfer is appropriate with respect to location and access to public transit and other modes of transportation, compatible with other existing and proposed developments and the City’s supporting infrastructure, or otherwise appropriate for the long-term development of the Central City;
(2) The Transfer serves the public interest; and
(3) The Transfer is in conformance with the Community Plan and any other relevant policy documents previously adopted by the Commission or the City Council.
(b) Conditions of Approval.
(2) Transfer must comply with any urban design standards and guidelines adopted by the City Planning Commission for the area, including the Downtown Design Guide, and other applicable design guidelines;
(3) The Commission may require additional conditions for the Transfer to ensure consistency with the purposes and objectives of the Community Plan.
(c) Commission Hearing.
(1) A public hearing on the proposed Transfer for a Project shall be held by the Commission in accordance with the procedures set forth in Section 12.24 D. of this Code.
(d) Time for the Commission to Act.
(1) Commission shall act upon any proposed Transfer for a Project within 75 calendar days from the date of submittal to it of the Director’s report and recommendation on the Transfer Plan. This time limit may be extended by mutual consent of the Applicant and the Commission. The Commission shall forthwith transmit a copy of its action to the Applicant and any other person requesting notice in writing. If the Commission fails to act on the proposed Transfer within 75 calendar days, the request shall be automatically submitted to the City Council for its action.
3. Appeals.
(a) Filing of an Appeal. If the Commission recommends disapproval of a request, in whole or in part, its action on any disapproved portion shall be final unless an appeal is taken to the City Council. The Applicant may appeal any disapproval within 15 calendar days after the Commission mails its decision to the Applicant by filing the appeal with the City Clerk on a form prescribed by the Commission.
(b) Appellate Decision – Public Hearing and Notice. Before the Council acts on the appeal, it shall hold a public hearing. The City Clerk shall set the matter for hearing, giving notice by mail of the time, place and purpose of the hearing to the applicant and to any interested party who has requested in writing to be so notified. The notice shall be mailed at least ten calendar days prior to the hearing.
(c) Time for Appellate Decision. The Council shall make its decision within 75 calendar days after the expiration of the appeal period. The 75 day time limit to act on an appeal may be extended by mutual written consent of the applicant and the Council. If the Council fails to act within this time limit, the failure shall constitute a denial of the application or disapproval of the initial request.
B. Projects Involving a Transfer on a Receiver Site within the City Center Redevelopment Project Area.
1. Application. An Applicant seeking a Transfer shall file a request for approval of a Transfer with the Agency on a form prescribed jointly by the Director of Planning and the Administrator. The request shall be accompanied by a proposed Transfer Plan. The Transfer Plan shall be the only mechanism for approving the Transfer for any Project involving a Transfer of Floor Area Rights of 50,000 square feet or greater, pursuant to this article. The Agency shall forward a copy of the application and Transfer Plan to the Mayor’s Office, the City Council Office for the City Council District in which the Receiver Site is located, the Department of City Planning and the Chief Legislative Analyst within 7 calendar days of receiving the completed application.
2. Action by Agency Board. The Administrator shall issue a report recommending approval, approval with conditions or disapproval of the request for Transfer, including the Public Benefit Payment and the TFAR Transfer Payment to be provided, with the recommendation to be based solely upon the degree that the Transfer Plan complies with the findings and conditions set forth in this section. After reviewing the Administrator’s report, the Agency Board shall make the following findings in order to approve a Transfer:
(a) Findings.
(1) The increase in Floor Area generated by the proposed Transfer is appropriate with respect to location and access to public transit and other modes of transportation, compatible with other existing and proposed developments and the City’s supporting infrastructure, or otherwise determined to be appropriate for the long-term development of the Central City;
(2) The Project is consistent with the purposes and objectives of the Redevelopment Plan;
(3) The Transfer serves the public interest by complying with the requirements of Section 14.5.9 of this Code; and;
(4) The Transfer is in conformance with the Community Plan and any other relevant policy documents previously adopted by the Commission or the City Council.
(b) Condition of Approval.
(2) The Transfer must comply with any applicable urban design standards and guidelines adopted for the area, including the Downtown Design Guide.
3. Review of Agency Board’s Disapproval or Failure to Act. If the Agency Board disapproves a request for approval of a Transfer for a Project or fails to act on the request within 12 months after the submission of a completed request for approval of a Transfer to the Agency, the Applicant may request review of the action of the Agency Board to the Commission, the initial decision-maker for the City, in accordance with this subdivision. For purposes of this subdivision, a request to file an application shall be deemed to be complete when the Agency has received sufficient information with which to assess the environmental impacts of the proposed Project.
(a) A request for review shall be filed with the Commission no later than 20 calendar days after the earlier of: (i) the date of disapproval of a request for approval of a Transfer, or (ii) 12 months after the submission to the Agency of a completed request for approval of a Transfer.
(b) The request for review shall include the proposed Transfer Plan for a Project, and any documentation received by the Applicant from the Agency Board disapproving the request for approval of the Transfer. The request for review shall specify in detail the grounds for the review. The request for review shall include other information as the Commission may request.
(c) The Commission shall act on the request for review within 75 calendar days after receipt of the request for review. The Commission shall determine whether the Agency Board acted reasonably, in light of all the circumstances, in disapproving or failing to act on the request for approval of a Transfer. In the event the Commission fails to act within 75 calendar days after receipt of the request for review, the request for review shall be automatically submitted to the City Council for its action.
(d) If the Commission finds for the Applicant on any matter in dispute, the Commission shall remand the matter to the Agency Board for further action consistent with the Commission’s decision. The Commission may impose conditions on the remanded request as it deems necessary to accomplish the purposes and objectives of this article. Upon remand, the Agency Board shall complete its proceedings with respect to the proposed Transfer in a manner that is consistent with the Commission’s action on the matter, including any additional conditions it deems necessary. If the Agency Board fails to approve the request for approval of the Transfer within 90 calendar days after the Commission remands the matter to it, the Applicant may submit the request directly to the Commission without Agency Board approval. Thereafter, the Commission shall proceed pursuant to this Section 14.5.6.
(e) If the Commission upholds the Agency Board's action or failure to act, the Applicant may appeal the action of the Commission by filing a written appeal with the City Council. The City Council shall determine whether the Agency Board acted reasonably in light of all of the circumstances in disapproving or failing to act on the request for approval of the Transfer. Any appeal to the City Council shall be filed with the City Clerk within 20 calendar days after the Commission’s action, and shall contain the proposed Transfer Plan and the record of the proceedings before the Agency Board and the Commission.
(f) If the City Council finds for the Applicant on any matter in dispute, the City Council shall remand the matter to the Agency Board to complete its proceedings with respect to the proposed Transfer in a manner that is consistent with the City Council’s action on the matter. The City Council may impose conditions on the remanded request as it deems necessary to accomplish the purposes and objectives of this article.
4. Commission Review of Agency Board Approval. If the Agency Board approves a request for an approval of a Transfer for a Project, the Agency and the Applicant shall jointly submit the proposed Transfer Plan for the Project to the Commission, the initial decision-maker for the City, after approval of the request by the Agency Board.
The Commission may recommend approval, conditional approval or disapproval of the Transfer for a Project.
(a) Findings. In acting on a Transfer for a Project, the Commission shall make the findings in Subsection B.2.(a) of this Section 14.5.6
.
(b) Conditions of Approval.
(2) The Commission may require additional conditions for the Transfer to ensure consistency with the purposes and objectives of the Redevelopment Plan and the Community Plan, and to secure an appropriate development in harmony with the General Plan.
(c) Commission Hearing. A public hearing on the proposed Transfer for a Project shall be held by the Commission in accordance with the procedures set forth in Section 12.24 D. of this Code.
(d) Commission Action.
(1) The Commission shall act upon any proposed Transfer for a Project within 75 calendar days from the date of submittal to it of the Agency’s Board approved Transfer Plan. This time limit may be extended by mutual consent of the Applicant and the Commission. The Commission shall forthwith transmit a copy of its action to the Applicant, the Agency Board and any other person requesting notice in writing. If the Commission fails to act on the proposed Transfer within 75 calendar days, the request shall be automatically submitted to the City Council for its action.
(2) If the Commission recommends disapproval of a request, in whole or in part, its action on any disapproved portion shall be final unless an appeal is taken to the City Council. The Applicant may appeal any disapproval within 15 calendar days after the Commission mails its decision to the Applicant by filing the appeal with the City Clerk on a form prescribed by the Commission.
(e) Council Action.
(1) The City Council may approve, conditionally approve or disapprove a proposed Transfer for a Project by a majority vote. In acting on the Transfer, the City Council shall make findings in support of its decision. The City Council shall not approve or conditionally approve a Transfer unless it finds that the development resulting from the Transfer meets each of the standards set forth in Subsection A.2.(a) and A.2.(b) or B.2.(a) and B.2.(b) of this section, as applicable.
(2) The Council may impose conditions as it deems appropriate to accomplish the purposes and objectives of the Redevelopment and Community Plans and to assure that the development resulting from the Transfer meets the standards set forth in Subsection A.2.(a) and A.2.(b) or B.2.(a) and B.2.(b) of this section, as applicable.
(f) Mayoral Action.
(1) When the City Council approves or conditionally approves a proposed Transfer for a Project, the matter together with the files and reports shall forthwith be transmitted to the Mayor. The Mayor may approve or disapprove the proposed Transfer within ten calendar days of its presentation to the Mayor. This action shall be based solely upon the administrative record and whether the Mayor believes the proposed Transfer conforms with the requirements for approval set forth in this section. If the Mayor disapproves the proposed Transfer, the Mayor shall return the matter to the City Clerk for presentation to the City Council, together with the objections in writing. The City Council, within 60 calendar days after the matter has been returned to it, may override the disapproval by a two-thirds vote.
(2) If the City Council fails to override the Mayor’s disapproval within the 60 calendar days, the Mayor's disapproval shall constitute a denial of the proposed Transfer. If the Mayor fails to return the matter to the City Clerk within ten calendar days of the presentation to the Mayor, the approval of the proposed Transfer shall become final.
A. Director’s Authority to Approve Transfers of Less than 50,000 Square Feet of Floor Area. The Director, acting on applications for a Transfer of less than 50,000 square feet, shall have the authority to grant Transfers of Floor Area Rights in accordance with this Section. This is in addition to any action required by the Agency for projects located within the City Center Redevelopment Project Area.
1. Application. The Applicant shall file an application with the Department of City Planning on a form provided by the Department, and include all information required by the instructions on the application, including details of the requested transfer, accompanied by applicable fees.
2. Director’s Authority. The Director shall have the initial decision-making authority to determine whether an application for a Transfer is consistent with this subsection.
3. Action by Director. The Director shall approve, conditionally approve, or disapprove the request for Transfer, including the public benefits to be provided, and make the following findings:
(a) Findings.
(1) That the Project is proper in relation to the adjacent uses or the development of the community;
(2) That the Project will not be materially detrimental to the character of development in the immediate neighborhoods;
(3) That the Project will be in harmony with the various elements and objectives of the General Plan;
(4) That the Project is consistent with any applicable adopted Redevelopment Plan;
(5) That the Transfer serves the public interest by providing public benefits in accordance with Subparagraph (b)(1) of this subdivision; and
(6) That the Project incorporates feasible mitigation measures, monitoring measures when necessary or alternatives identified in the environmental review which would substantially lessen the significant environmental effects of the Project, and any additional findings as may be required by CEQA.
(b) Conditions of Approval.
(1) The Transfer shall provide public benefits equivalent in value to the dollar amount otherwise required for a Public Benefit Payment, in conformance with Section 14.5.9 of this Code;
(2) The Transfer must comply with any urban design standards and guidelines adopted by the City Planning Commission for the area, including the Downtown Design Guide, and other applicable design guidelines;
(3) The Director may require additional conditions for the Transfer to ensure consistency with the purposes and objectives of the Community Plan.
4. Transmittal of Written Decision. Within three business days of making a decision, the Director shall transmit a copy by First Class Mail to: (1) the applicant; (2) all owners of properties abutting, across the street or alley from, or having a common corner with the subject property; (3) the local Certified Neighborhood Council; and (4) the Agency when the Project is located within the City Center Redevelopment Project Area.
5. Effective Date of Initial Decision. The Director’s decision shall become effective after a period of 15 calendar days from the date of the mailing of the written decision has elapsed, unless an appeal is filed to the Area Planning Commission.
6. Appeals.
(a) Filing of an Appeal. An applicant or any other person aggrieved by the Director’s decision may appeal the decision to the Area Planning Commission. The appeal shall be filed within 15 calendar days of the date of mailing of the Director’s decision on forms provided by the Department. The appeal shall specifically set forth the points at issue, the reasons for the appeal, and the basis upon which the appellant claims there was an error or abuse of discretion by the Director. Any appeal not filed within the 15-day appeal period shall not be considered by the Area Planning Commission. The filing of an appeal stays proceedings in the matter until the Area Planning Commission has made a decision. Once an appeal is filed, the Director shall transmit the appeal and the file to the Area Planning Commission, together with any reports responding to the allegations made in the appeal.
(b) Appellate Decision – Public Hearing and Notice. Before acting on any appeal, the Area Planning Commission shall set the matter for hearing, with written notice of the hearing sent by First Class Mail at least 15 calendar days prior to the meeting date to: (1) the applicant; (2) the owner(s) of the property involved; (3) the owners of properties within 100 feet of the exterior boundaries of the property involved; (4) the Councilmember for the City Council District in which the property is located; (5) the local Certified Neighborhood Council; (6) the Agency, when the project is located within the City Center Redevelopment Project Area; and (7) interested parties who have requested notice in writing.
(c) Time for Appellate Decision. The Area Planning Commission shall act within 75 calendar days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the Area Planning Commission. The failure of the Area Planning Commission to act within this time period shall be deemed a denial of the appeal.
(d) Appellate Decision. The Area Planning Commission may reverse or modify, in whole or in part, a decision of the Director. The Area Planning Commission shall make the same findings required to be made by the Director, supported by facts in the record, and indicate why the Director erred in determining a project’s compliance with the applicable regulations of this Subsection.
(e) Effective Date of Appellate Decision. The appellate decision of the Area Planning Commission shall be final and effective as provided in Section 245 of the City of Los Angeles Charter.
A. The Department shall establish an accounting of all Transfers and Public Benefit Payments in the Central City TFAR Area. The accountings shall be transmitted annually to the Commission for its review and shall include the amount of floor area restricted on each Donor Site and added to each Receiver Site and the dollar amount and related calculation for each approved Transfer Plan.
1. The Department shall maintain a record of the available Floor Area Rights in the Central City TFAR Area, and any Transfers and other records as may be necessary or desirable to provide an up-to-date account of the Floor Area Rights available for use in the Central City TFAR Area. The records shall be available for public inspection.
2. The Department shall maintain an accounting of all Public Benefit Payments derived from Transfers, and an accounting of all allocations of the Public Benefit Payments. The records shall be available for public inspection.
B. The Department shall establish a procedure to coordinate the obtaining of timely responses from affected City departments and agencies on each Project involving a Transfer, as a part of the early consultation process, referenced above.
C. Any Transfer approved pursuant to this article shall be evidenced by a recorded document, signed by both the owner of the Donor Site and the owner of the Receiver Site and in a form satisfactory to the City Attorney and designed to run with the land. When the owner of the Donor Site is the City, the Director shall be the signatory on behalf of the City on the recorded document. This document shall clearly set forth the amount of Floor Area Rights transferred and restrict the allowable Floor Area remaining on the Donor Site.
A. A Public Benefit Payment shall be provided as part of an approved Transfer Plan and shall serve a public purpose, such as: providing for affordable housing; public open space; historic preservation; recreational; cultural; community and public facilities; job training and outreach programs; affordable child care; streetscape improvements; public arts programs; homeless services programs; or public transportation improvements. Prior to approving or recommending approval of a Transfer Plan, the Agency Board, Commission or the City Council shall make a finding that the Public Benefit Payment proposed by the Applicant in the Transfer Plan, or by the Agency Board, Commission or the City Council in its conditional approval, will result in Public Benefits with an economic value consistent with the sum of the Public Benefit Payment set forth in Subsection C. of this Section 14.5.9.
B. As approved by the City Council, a Public Benefit Payment may be provided by any combination of the payment of monies to the Transfer of Floor Area Rights Public Benefit Payment Trust Fund (“Public Benefit Payment Trust Fund”) or by the direct provision of Public Benefits by the Applicant; provided, however, that without City Council approval at least 50% of the Public Benefit Payment must consist of cash payment by the Applicant to the Public Benefit Payment Trust fund.
C. The Public Benefit Payment under any Transfer Plan shall equal: (1) the sale price of the Receiver Site, if it has been purchased through an unrelated third-party transaction within 18 months of the date of submission of the request for approval of the Transfer, or an Appraisal, if it has not; (2) divided by the Lot Area (prior to any dedications) of the Receiver Site; (3) further divided by the High-Density Floor Area Ratio Factor; (4) multiplied by 40%; and (5) further multiplied by the number of square feet of Floor Area Rights to be transferred to the Receiver Site.
[Example: If Receiver Site with a Lot Area of 100,000 square feet (before any dedications) was purchased for $40,000,000 (through an unrelated third- party transaction within 18 months of the date of submission of the request for approval of the Transfer), the Public Benefit Payment under a Transfer Plan transferring 100,000 square feet of Floor Area Rights would equal: (a) $40,000,000 (the purchase price); (b) divided by 100,000 (the Lot Area of the Receiver Site); (c) divided by 6 (the High-Density Floor Area Ratio Factor); (d) multiplied by 40%; and (e) multiplied by 100,000 (the number of square feet of Floor Area Rights to be transferred) = $2,666,666.67 (or $26.67 for each square foot of transferred Floor Area Rights).]
A. If the Donor Site is owned by the Agency or the City, the TFAR Transfer Payment shall be the greater of (a) 10% of the Public Benefit Payment calculated pursuant to Section 14.5.9 C. of this Code, or (b) $5 multiplied by the number of square feet of Floor Area Rights to be transferred to the Receiver Site. This TFAR Transfer Payment shall be paid in cash by the Applicant to the Public Benefit Payment Trust fund as set forth in Section 14.5.12 of this Code.
B. If the Donor Site is owned by a party other than the Agency or the City, then the amount and payment of any TFAR Transfer Payment will be negotiated between the owner of the Donor Site and owner of the Receiver Site.
C. The Transfer Payment is independent of the Public Benefit Payment.
Any Public Benefit Payment together with any TFAR Transfer Payment to the Agency or City shall be provided as set forth in the Transfer Plan and as set forth below:
A. If the approved Transfer Plan specifies a single- phase Project on the Receiver Site, then the owner of the Receiver Site shall pay the Public Benefit Payment together with any TFAR Transfer Payment due to the Agency or the City on or before the earlier of
1. The issuance of the building permit for the Project; or
2. Twenty-four months after the final approval of the Transfer and the expiration of any appeals or appeals periods, unless extended by the Director in writing, and the Administrator when the Agency has taken an action on the Transfer Plan.
B. If the approved Transfer Plan specifies a multi- phased Project on the Receiver Site, then the owner of the Receiver Site must pay the Public Benefit Payment together with any Transfer Payment due to the Agency or the City, through any one of the three methods set forth below, except as may be extended by the Director in writing, and the Administrator when the Agency has taken an action on the Transfer Plan:
1. In total for all phases of the Project, on or before the earlier of: (i) the issuance of the building permit for the first phase of the Project or (ii) 24 months after the final approval of the Transfer and the expiration of any appeals or appeals periods for all phases of the Project;
2. Incrementally by each phase of the Project, proportionate to the Floor Area Rights utilized in each phase, on or before the issuance of the building permit for each phase, with the amount of each payment being subject to payment indexing in accordance with an executed agreement between the owner of the Receiver Site and the Agency or the City; or
3. Incrementally by each phase of the Project, proportionate to the Floor Area Rights utilized in each phase, on or before the issuance of the building permit for each phase, with the amount of each payment being recalculated as of the date that the building permit for each phase is issued in accordance with an Appraisal establishing the fair market value of the Receiver Site within six months prior to the issuance of the building permit for that phase.
C. Upon the Applicant’s payment to the Agency or the City of all of the Public Benefit Payment together with all of the TFAR Transfer Payment required under an approved Transfer, all Floor Area Rights transferred to the Receiver Site pursuant to the Transfer Plan shall vest in the Receiver Site and thereafter run with the land.
Loading...