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(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Authority of the Department of Building and Safety. Notwithstanding any other provision of this Code to the contrary, the Department of Building and Safety shall, during the first six months following the declaration of an emergency, have the authority to issue a temporary 90-day permit on any lot, regardless of zone, for any temporary use which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil or military disturbance, and declared by the Governor as an emergency area, provided that the department shall maintain records of all temporary permits.
(Amended by Ord. No. 187,096, Eff. 7/1/21.)
The provisions of this article shall be applicable to a particular area upon the declaration of an emergency by the Governor relating to that area, pursuant to state law. The provisions of this article shall cease to be applicable to a particular area two years following the date of declaration of emergency, and for one additional year if an extension is approved by the City Council, provided, however, that the provisions of this article shall be considered as still remaining in full force and effect thereafter for the purpose of maintaining or defending any civil or criminal proceeding with respect to any right, liability or offense that may have arisen under the provisions of this article during its operative period, or with respect to enforcing any condition of approval of the temporary land use permit. The City Council may also extend by resolution any other time limits in this article for one additional year. Notwithstanding the provisions within this section to the contrary, the provisions in Section 16.02.1 shall only be activated by following the procedure outlined in Section 16.02.1 B.
A. See Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code.
B. Definitions. For the purpose of this Section and Sec. 13B.2.4. (Project Review) of Chapter 1A
of this Code, the following words and phrases shall have the meanings specified below. Other terms used in this section shall have the meanings set forth in Section 12.03 of this Code if defined there.
1. Development Project. The construction of, addition to, or alteration of, any building or structure, or a change of use of an existing building or structure that requires a building permit and that results in an increase in floor area, or a net increase in average daily vehicle trips as determined by using trip generation factors promulgated by the Department of Transportation for the purpose of effectuating this section.
2. Discretionary Approval. An approval initiated by application of a property owner or representative related to the use of land including, but not limited to a:
(a) zone change;
(b) height district change;
(c) supplemental use district;
(d) conditional use approval;
(e) use, area or height variance;
(f) parcel map;
(g) tentative tract map;
(h) coastal development permit;
(i) development agreement;
(j) adjustments;
(k) density bonus greater than the minimums pursuant to Government Code Section 65915;
(l) density transfer plan;
(m) exception from a geographically specific plan;
(n) project permit pursuant to a moratorium or interim control ordinance;
(o) public benefit projects; or
(p) floor area deviation of less than 50,000 square feet pursuant to 14.5.7 of Article 4.5 of the Los Angeles Municipal Code.
3. Fast-food Establishment. Any establishment which dispenses food for consumption on or off the premises, and which has the following characteristics: a limited menu, items prepared in advance or prepared or heated quickly, no table orders, and food served in disposable wrapping or containers.
C. Project Review Requirements. No grading permit, foundation permit, building permit, or use of land permit shall be issued for any of the following development projects unless a Project Review has first been obtained pursuant to Sec. 13B.2.4. (Project Review) of Chapter 1A
of this Code. This provision shall apply to individual projects for which permits are sought and also to the cumulative sum of related or successive permits which are part of a larger project, such as piecemeal additions to a building, or multiple buildings on a lot, as determined by the Director.
(a) Any development project which creates, or results in an increase of, 50,000 gross square feet or more of nonresidential floor area.
(b) Any development project which creates, or results in an increase of, 50 or more dwelling units or guest rooms, or combination thereof.
(c) Any change of use to a Drive-Through Fast- food Establishment or any change of use to a Fast-food Establishment, either of which results in a net increase of 500 or more average daily trips as determined by, and using the trip generation factors promulgated by the Department of Transportation.
(d) Any change of use other than to a Drive- Through Fast-food Establishment or to a Fast-food Establishment which results in a net increase of 1,000 or more average daily trips as determined by, and using the trip generation factors promulgated by the Department of Transportation.
(e) (This paragraph intentionally left blank.)
(f) Any single-family residential development with a cumulative Residential Floor Area of 17,500 square feet or larger located in the HCR District.
This subdivision shall not apply to one-family dwellings located outside of a HCR District.
D. Exemptions.
1. Unless made discretionary by any other provision of law, the approval of any building permit for a development project which does not exceed the thresholds set forth in this subsection and Section 12.24 U.14. is ministerial and exempt from the requirements of the California Environmental Quality Act.
2. Any development project with a still-valid discretionary approval, including but not limited to those listed in Subsection B.2. of this section, shall be exempt from Project Review only if the applicable decision-making body determines in writing that the prior discretionary approval, and the required environmental review, considered significant aspects of the approved project's design (such as, but not limited to, building location, height, density, use, parking, access) and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the present permit in light of the conditions specified in Section 21166 of the California Public Resources Code. The Department of City Planning may require supplements to the environmental documentation to remain current. The Director is authorized to establish procedures to process determinations required under this subdivision.
3. Any development project located within the boundaries of an adopted Redevelopment Project Area with an Unexpired Redevelopment Plan, as defined in Section 11.5.14, shall be exempt from site plan review when:
(a) The Community Redevelopment Agency of the City of Los Angeles (CRA) and the City Council approved an owner participation agreement, a disposition and development agreement, a loan agreement, a cooperation agreement or other discretionary agreement for the development project prior to February 1, 2012; and
(b) The project was considered during a public hearing prior to February 1, 2012, conducted in accordance with the CRA's adopted policies and procedures for public hearings.
4. Any development project within a specific plan area for which an EIR was certified by the City Council not more than six years prior to the date of the present application for a building permit. The date of the application shall be the date on which architectural and structural plans sufficient for a complete plan check are accepted by the Department of Building and Safety. This exemption shall be applicable only if the Director determines in writing that the EIR considered significant aspects of the approved project’s design (such as, but not limited to, building location, height, density, use, parking, access) and that it is adequate for the issuance of the present permit. The Director is hereby authorized to establish procedures to process determinations.
5. Any development project on a motion picture and/or television production lot that is industrially or commercially zoned and is enclosed by a minimum six foot high wall or other barrier (such as building walls, fences, topographical barrier, etc.) which separates the facility and the development from adjacent properties. However, all new office uses shall be directly related to motion picture and/or television production and shall not be rented or leased to other entities not directly related to motion picture and/or television production uses.
6. Adaptive Reuse Projects in the Downtown Project Area pursuant to Section 12.22 A.26.
7. Any residential (including Apartment Hotel or mixed use) building located within the Greater Downtown Housing Incentive Area that is subject to Section 12.22 A.30. of this Code.
8. No restricted affordable unit shall be counted towards the dwelling unit or guest room thresholds described in Section 16.05 C.1(b). For purposes of this section, a restricted affordable unit is a unit or guest room subject to a recorded covenant or recorded regulatory agreement restricting rents or housing costs so that they do not exceed 30 percent of the maximum gross income of each income category, for households earning up to 120 percent of the area median income, for a period of at least 55 years for rental units, or at least 45 years for for-sale units, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,938, Eff. 8/19/23.)
9. Projects in those specific plan areas, as determined by the Director, where similar project site planning regulations are established by the specific plan and significant project environmental impacts, if any, are mitigated by the measures imposed in the Project Compliance.
10. Any development project that includes nonresidential floor area in which 50 percent or more of the total floor area is dedicated to restricted affordable units shall be exempt from the threshold in Section 16.05 C.1.(a), provided the development project maintains or increases the number and square feet of preexisting restricted affordable units and creates, or results in an increase of, no more than 150,000 gross square feet of nonresidential floor area. (Added by Ord. No. 187,938, Eff. 8/19/23.)
E. (This subsection intentionally left blank.)
F. (This subsection intentionally left blank.)
H. (This subsection intentionally left blank.)
I. Alternative Thresholds. A different threshold from that indicated in Section 16.05 C. of this Code may be established within a Community Plan or Specific Plan, or portion thereof, when specifically stated in the plan text and only when the plan area contains one or more of the following:
1. A transportation impacted area;
2. An environmentally sensitive area;
3. An historically sensitive area; or
4. Any other area of special significance which is clearly identified as to its significance and the need for a different threshold level.
A. Purpose and Objectives. See Sec. 13B.4.3. (Project Compliance (with Design Review Board)) of Chapter 1A
of this Code.
B. (This subsection intentionally left blank.)
C. (This subsection intentionally left blank.)
D. Design Review Boards. See Sec. 13A.1.11 (Design Review Board) and Sec. 13B.4.3 (Project Compliance (with Design Review Board)) of Chapter 1A
of this Code.
E. Design Review Procedure. See Sec. 13B.4.3. (Project Compliance (with Design Review Board)) of Chapter 1A
of this Code.
1. Application. All applications for design review shall be submitted to the Department of City Planning on a form supplied by the Department.
(a) If an applicant requests an optional preliminary design review, the following materials must be submitted in addition to any material required by applicable specific plans or ordinances: Conceptual drawings without finished details and plans and materials which include, but are not limited to the following:
(1) Proposed site plan showing proposed improvements;
(2) Building elevations;
(3) General description of materials and colors to be used;
(4) Proposed landscape plan;
(5) Photographs of the site and surrounding properties;
(6) Information on existing trees on the site and within 20 feet of the property; and
(7) Additional information that demonstrates adherence to the specific plan design criteria.
(b) An application for a mandatory final review shall be deemed complete only if it includes, in addition to any material required in the applicable specific plan or ordinance, the following materials:
(1) Drawings with finished details;
(2) Environmental review clearance;
(3) Results of technical review, if required;
(4) Written narrative addressing specific plan design criteria and guidelines and a finding of the project’s consistency with either the Specific Plan or an approved Project Exception;
(5) Vicinity map of appropriate scale, indicating the location of the project site in relation to nearby access streets, significant physical features of the project, and other relevant issues affecting the project. Where possible, the map shall show the location of buildings on adjoining properties having a bearing on the project;
(6) Color photographs of the site and surrounding area and buildings to clearly represent the context of the design;
(7) Site plan of appropriate scale that clearly represents all the features of the site and significant design issues;
(8) Plans of appropriate scale, including all significant items or floor levels necessary to clearly represent design intent;
(9) Elevations of appropriate scale, including all sides of the item or building to clearly represent design intent;
(10) Sections, as deemed necessary by the architect or designer, of appropriate scale to clearly represent design intent;
(11) Either perspective drawings or model material sample board to be presented at the design review board meeting;
(12) Sign plan, if applicable, indicating proposed sign(s) and all existing signs on the property;
(13) Landscape plans which shall include the approximate size, maturity and location of all plant materials, the scientific and common names of the plant materials, the proposed irrigation plan, and the estimated planting schedule. The plan shall specify the length of time required to attain plant maturity; and
(14) Mailing labels with the names of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. Should these properties not be owner- occupied, mailing labels shall also be provided for the occupants.
2. Fees.
(a) The filing fee for processing an optional preliminary application shall be one-half of the fee for processing a design review application.
(b) The filing fee for processing an optional technical review requested by the applicant shall be as set forth in Section 19.09.
(c) The filing fee for processing a final design review application shall be as set forth in Section 19.01.
(d) The filing fee for processing an applicant’s appeal from the Director’s decision shall be the fee for an appeal from a specific plan design review decision as set forth in Section 19.01. The filing fee for processing an appeal by a person other than the applicant shall be as provided in Section 19.01 K.2.
(e) The filing fee for processing a modification to a design review determination, if requested by the applicant, shall be one-half of the fee for processing a final design review application.
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