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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.
(Amended by Ord. No. 182,691, Eff. 10/8/03.)
Funds held in the Public Benefit Payment Trust Fund shall be disbursed in accordance with Section 5.416 of the Los Angeles Administrative Code and (1) after receipt of non-binding recommendations by a committee comprised of one representative from each of the following: the City Council Office for the City Council District in which the Receiver Site is located, the City Council Office for the City Council District in which the Donor Site is located, the Economic and Workforce Development Department, the Department of City Planning, the Mayor’s Office, the City Administrative Officer, the Chief Legislative Analyst, the Neighborhood Council for the area in which the Receiver Site is located, the Project Area Committee (if one exists) for the area in which the Receiver Site is located, and the Community Advisory Committee (if one exists) for the area in which the Receiver Site is located, in accordance with the procedure previously established for the Public Benefit Payment Trust Fund, (2) within five years after receipt, and (3) for use on projects or programs providing a Public Benefit as set forth in Section 14.5.9 A. of this Code. This Chief Legislative Analyst shall convene the Public Benefit Payment Trust Fund Committee within six months of receipt of funds.
(Amended by Ord. No. 114,449, Eff. 9/17/59)
(Title Amended by Ord. No. 138,800, Eff. 6/13/69, Oper. 6/23/69)
Section
15.00 Procedure.
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