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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.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
See Sec. 13B.1.6. (Land for Public Use) of Chapter 1A of this Code.
(Title Amended by Ord. No. 187,096, Eff. 7/1/21.)
Section
16.00 Declaration of Purpose.
16.01 Long-term Temporary Uses.
16.02 Special Provisions for Other Land Use Proceedings.
16.02.1 Relief from Specified Land Use Provisions.
16.03 Restoration of Damaged or Destroyed Buildings.
16.04 Critical Response Facilities.
16.04.1 Short-term Temporary Uses.
16.04.2 Activation and Termination of Effect.
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