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A. Use.
1. Private Garage Not Required – Topography – Where a lot abuts upon a street or place which due to topographic conditions or excessive grades is not accessible by automobile, and such lot is to be occupied by not more than a one-family dwelling, no private garage shall be required.
2. Public Utilities and Public Services – The provisions of this article shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewers and sewer mains, and incidental appurtenances.
3. Family Day Care Homes. (Amended by Ord. No. 173,085, Eff. 3/19/00.) Notwithstanding any other provisions of this article to the contrary, and in all zones wherein residential uses are permitted by right the following shall apply:
(a) Small Family Day Care Homes: Any dwelling unit may be used as a small family day care home, with up to eight children, as defined in Section 12.03, if it is licensed by the State of California as a small family day care home. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(b) Large Family Day Care Homes: Any dwelling unit may be used as a large family day care home, with up to 14 children, as defined in Section 12.03, if it is licensed by the State of California as a large family day care home, and if it complies with the conditions set forth in Subparagraph (1) below. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(1) Conditions. A large family day care home shall comply with the following conditions:
(i) Provide drop-off facilities, such as curb spaces or driveway area, which are necessary to avoid interference with traffic and promote the safety of the children;
(ii) Comply with any standards adopted by the State Fire Marshal pursuant to Subdivision (d) of Section 1597.46 of the California Health and Safety Code relating to large family day care homes;
(iii) Comply with all provisions of the Los Angeles Municipal Code relating to large family day care homes and dwelling units;
(iv) The use shall not create an unreasonable level of disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties;
(v) Name plates and signs shall conform to the provisions of Section 12.21 A.7.;
(vi) Play equipment, swings, sandboxes, or structures shall be located in the rear yard only;
(vii) No loud speaker or public address system shall be installed or operated on any open portion of the premises, and any phonograph, radio or other recorded music used in connection with any activity shall be sufficiently modulated to ensure that the use does not disturb the adjoining and neighboring residents;
(viii) The existing residential character of the building and site shall be maintained, including the exterior facade, landscaping, fences, walls, lawn area, and driveways;
(ix) The floor space of any dwelling unit used for the operation of a large family day care home shall not be increased for such use, and the floor space shall not be altered to reasonably preclude its continued use as a dwelling unit; and
(x) There shall be at least 300 feet between the lot containing the building where the proposed large family day care home will be located and the building housing any existing large family day care home. This distance is to be measured along the shortest street route between the two lots as determined by the Department of Recreation and Parks. (Second Sentence Amended by Ord. No. 181,192, Eff. 7/27/10.)
(2) Notice of Intention to Operate Large Family Day Care Home. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A Notice of Intention to Operate a Large Family Day Care Home shall be filed in the public office of the Department of City Planning, on forms provided by the Department. The forms shall be accompanied by all information deemed necessary by the Department. The notice shall include verification provided by the Department of Recreation and Parks that the large family day care home is in compliance with the concentration and spacing condition set forth in Section 12.22 A.3.(b)(1)(x) above. (Sentence Amended by Ord. No. 181,192, Eff. 7/27/10.)No fee shall be charged and no public hearing shall be required in connection with the filing of the notice.
(3) Exemption from Concentration and Spacing Condition. If a proposed Large Family Day Care Home is not in compliance with the concentration and spacing condition set forth in Section 12.22 A.3.(b)(1)(x) above, then the operator may apply to the Zoning Administrator for an exemption from this condition pursuant to Section 12.24 X.25. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(4) Violation of Conditions – Authority of Zoning Administrator to Require Modification of Conditions of Operation or Discontinuance of Large Family Day Care Homes. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Notwithstanding any other provision of this Chapter, the Zoning Administrator may require a modification of the conditions of operation or the discontinuance of a large family day care home if the Zoning Administrator finds that as operated or maintained there has been a violation of any of the conditions or standards set forth in Subparagraph (1) of Paragraph (b) of this Subdivision, or that such use:
(i) jeopardizes or endangers the public health or safety of persons residing in, working on, or occupying the premises; or
(ii) constitutes a public nuisance; or
(iii) violates any provision of this chapter or any other city, state or federal regulations, ordinance or statute.
The procedure for the modification of the conditions of operation or discontinuance of a large family day care home shall be as provided for in Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A of this Code.
4. Sale of Christmas Trees – Notwithstanding any provisions of this article to the contrary, the annual retail sale, including sales by philanthropic, political, patriotic, and charitable associations, of Christmas trees and ornaments shall be permitted in all zones, except the RE, RS, R1, RU, RZ, and RMP Zones, between December first and twenty-fifth, inclusive, and the necessary permits and licenses may be issued provided that: (Amended by Ord. No. 164,904, Eff. 7/6/89.)
(a) Any lights used to illuminate the site shall be arranged to reflect the light away from any adjacent residentially-zoned property except that this restriction does not apply to frosted light bulbs of 100 watts or less; and
(b) There shall be no use of any sound equipment in the residential zone in conjunction with the retail sale of Christmas trees; and
(c) The operator of such a sale of Christmas trees shall post a Two Hundred Dollar ($200.00) cleanup deposit with the Office of the City Clerk prior to any lot preparation or sales; and
(d) The operator of such a sale of Christmas trees shall comply with all other applicable provisions of the Los Angeles Municipal Code.
5. (Title and First Para. Deleted by Ord. No. 172,489, Eff. 4/16/99.)
(a) (Amended by Ord. No. 173,492, Eff. 10/10/00.) Notwithstanding any other provisions of Articles 2 and 3 of this chapter to the contrary, no oil well, controlled drill site or temporary geological exploratory hole may be permitted in an A, R, P or C Zone within the area located between the mean high tide line of the City’s shoreline and a line 1,000 yards landward from that line. This prohibition shall not be construed or interpreted as affecting:
(1) any shore line areas within the Los Angeles Harbor except for Cabrillo Beach;
(2) any oil well, controlled drill site or a facility for the production of oil gases or other hydrocarbon substances in existence on the effective date of this subdivision;
(3) any connected subterranean gas holding areas and facilities that are operated as a public utility pursuant to Section 14.00; and
(4) subsurface drilling and producing operations more than 500 feet below the surface of this area.
(b) Ordinances 159,607, 159,608 and 159,609, which created Oil Drilling Districts U–171–A, U–172–A and U–173–A, respectively, to allow exploration and production of oil within 1,000 yards of the mean high tide in the City of Los Angeles, are hereby repealed.
(c) This subdivision shall apply to all supplemental use districts within this area for which a vested right for production of oil has not accrued as of the effective date of this subdivision
(d) If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Ordinance provisions thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and causes of this ordinance are declared to be severable.
[Subdivision 5.(a) - (d) adopted by the voters as Initiative Ordinance “O” on November 8, 1988, Eff. 11/30/88.]
6. Infrequent Helicopter Landings. (Amended by Ord. No. 150,623, Eff. 4/13/78.) Notwithstanding any provision of this article to the contrary, helicopters may land and take off in any zone except RA, R, C1 and CR Zones, provided that a permit therefore has first been obtained from the Fire Department under the provisions of Division 5, Article 7 of Chapter 5 of this Code. Such helicopter landings and takeoffs shall not exceed three per day in or upon any single location or premises except that the Fire Department may permit as many such landings and takeoffs in or upon any single location or premises in a day as it determines are required by the individual nature of each such helicopter use, including occasions of civic interest, and are consistent with the public health, safety, general welfare and intent of this article. In the RA, R, C1 or CR Zones helicopters may land and take off in or upon any single location not more than two times per calendar year in a park, school ground or other similar type of public open space, for educational programs sponsored by the Los Angeles Police Department or the Los Angeles City Unified School District, provided that the Fire Department permit referred to above has first been obtained. Nothing herein shall prevent nor curtail the operation of emergency helicopter landing facilities as required in Section 57.4705 of the Los Angeles Municipal Code.
The provisions of this subdivision shall not be construed or interpreted as permitting the establishment of a regularly operating airport, aircraft landing field, heliport or helistop.
7. Temporary Operations of Carnivals and Rides. (Added by Ord. No. 130,076, Eff. 5/26/65.)– Notwithstanding any provisions of this article to the contrary, carnival shows and amusement enterprises of a similar type may be operated in the P Zone for a period of not to exceed five consecutive days in any 30 day period in or upon any single location, provided that:
(1) All such operations are conducted at least 200 feet from any school or adjoining occupied property classified in any A or R Zone.
(2) Such operations do not cause or produce any dust, gas, smoke, noise, fumes, odors, or vibrations detrimental to other property in the neighborhood or to the welfare of the occupants thereof.
(3) Any lights used to illuminate the event are arranged so as to reflect the light away from any adjacent residentially used premises.
(4) No public address system in connection with the event is installed on the property unless it is modulated so as not to be disturbing to occupants of any nearby dwelling units.
(5) All structures, apparatus and appurtenances shall be removed from the premises the next day following the closing of the carnival.
(6) The hours of such operation to be limited between the hours of 10:00 a.m. and 10:00 p.m.
8. Occasional Use of Private Homes for Adult Education Classes. (Added by Ord. No. 132,573, Eff. 8/5/66.) — Notwithstanding any provision of this article to the contrary, adult education classes shall be permitted in homes in the RA or R Zones and no additional off-street parking shall be required in conjunction therewith, provided that:
(a) Classes are held not more than one day a week for a period not to exceed three hours per day end each class does not meet for more than fifteen weeks in any one semester.
(b) Classes are purely incidental to the use of the property as a home and no more than thirty persons are permitted to attend each class.
(c) Classes primarily involve oral discussions and no laboratory equipment, heavy machinery, or large tools are used in connection therewith, except small record players, slide projectors and other similar audiovisual teaching aids.
(d) All classes are scheduled on the first floor of the building.
For the purpose of this subdivision “adult education classes” shall mean any educational programs conducted by University Extension of University of California or any other comparable university.
No certificate of occupancy shall be required in connection with the use authorized by this ordinance.
9. Maintenance of Accessory Structures. (Amended by Ord. No. 172,839, Eff. 11/1/99.) Notwithstanding any provisions of this article to the contrary, an accessory building or structure may be maintained on a lot without a main building and a residential building may be maintained on a lot without the required off-street parking for the periods of time as authorized by the Advisory Agency in conformance with Article 7 of Chapter 1 of this Code.
10. Model. (Amended by Ord. No. 174,999, Eff. 1/15/03.) Notwithstanding any other provision of this article, a model or models, as defined in Article 7 of Chapter 1 of this Code, may be erected and maintained on any lot or site designated by the Advisory Agency as a site for a model or models on an approved or conditionally approved tentative map, in the A, RE, RS, R1, RU, RZ, RMP, or RW1 Zones with respect to one-family homes, and in the R2, RD, RW2, R3, RAS3, R4, RAS4, or R5 Zones with respect to multiple unit structures, i.e., buildings containing more than one dwelling unit, for a period of time as determined by the Advisory Agency, provided that:
(a) In an “H” hillside or mountainous area, a grading plan for the entire approved or conditionally approved subdivision or any final map unit thereof has been approved by the Grading Division of the Department of Building and Safety and a Grading Certificate has been issued for the property involved or that the grading is being carried on under the authorization of a valid grading permit.
(b) Necessary easements for the installation of water system facilities and underground utilities have been dedicated and the developer has guaranteed the cost of relocation or future adjustment of these facilities to the satisfaction of the Department of Water and Power.
(c) The owner assumes liability for any damage caused to water system facilities and underground utilities prior to final street improvements in a manner satisfactory to the Department of Water and Power.
(d) Adequate fire protection facilities are provided to the satisfaction of the Fire Department.
(e) Adequate sewer facilities are provided to the satisfaction of the Bureau of Engineering and the Los Angeles County Health Department.
(f) A paved access roadway at least 20 feet in width is provided which is satisfactory to the Department of Building and Safety.
(g) Off-street parking be provided as follows:
(1) For multiple unit structures, the numbers and location of the off-street parking facilities shall be determined by the Advisory Agency;
(2) For one-family detached structures, one lot for each six model dwellings or fraction thereof shall be located contiguous to the model dwelling sites. All off-street parking facilities and driveways shall be dust-proofed with asphaltic surfacing or with decomposed granite which is sprinkled at sufficient intervals to prevent dust, or by an alternate method of dust control satisfactory to the Department of Building and Safety.
(h) The model dwelling sites are attractively maintained and, with respect to one- family detached structures, attractively landscaped.
(i) Not more than one sign is placed on each designated model dwelling. Said sign shall not exceed 12 square feet in area and shall be used only for identification or directional purposes. Prohibited are banners, posters, pennants, ribbons, streamers, string of light bulbs, spinners, or other similarly moving devices.
(j) Any furnishings placed in the model dwelling are maintained solely for purposes accessory to the display of the model dwelling and in no way are used to sell or promote the sale of such furnishings.
(k) Prior to the issuance of any building permit for a model dwelling, the property owner shall first execute and file with the Superintendent of Building a notarized agreement assuming all risks and agreeing to all of the conditions set forth in this Subdivision 10. With respect to one-family detached structures, the agreement shall further provide that in the event that a final map which includes the property whereon the model dwelling is located is not recorded, all buildings or structures authorized by said permit shall be removed, within 90 days from the expiration of the tentative tract, and that if all buildings and structures are not completely removed as required above, they may be confiscated and removed or demolished by the City without further notice. Prior to the erection of any model dwelling that is a one-family detached structure, authorized pursuant to the approval of any subdivision and contingent thereon, the property owner shall post in the Department of Building and Safety a bond in favor of the City of Los Angeles (to be approved by the City Attorney and duplicates to be furnished to the City Attorney) in an amount satisfactory to the Department of Building and Safety sufficient to defray any expense incurred by the City in the removal or demolition of the model dwelling or dwellings. The bond shall be released to the property owner or person legally entitled thereto either upon recordation of the subdivision tract map or upon removal of the concerned structures or buildings, as the case may be, to the satisfaction of the Superintendent of Building. (Amended by Ord. No. 158,561. Eff. 1/14/84.)
(l) This subdivision shall apply to approved or conditionally approved tentative tract maps which include model dwelling units and which have not been recorded as of the effective date of this ordinance. (Added by Ord. No. 158,561, Eff. 1/14/84.)
11. (Amended by Ord. No. 145,410, Eff. 2/16/74.) Notwithstanding any other provisions of this article, a real estate tract sales office may be established and maintained in one model dwelling approved in accordance with the provisions of Section 12.22 A.10. or in a dwelling constructed on a recorded lot previously designated as a model dwelling site by the Advisory Agency and temporarily serving as an example of houses or units built or to be built in the same subdivision, provided that:
(a) No general real estate brokerage business is conducted on the premises, and any business transacted thereon is limited to the original sale of vacant or improved land shown on the tentative map or units of airspace shown on the condominium plan.
(b) All name plates and signs conform to the provisions of Section 12.21 A.7.
(c) The tract sales office is attractively maintained and, where located in a one-family detached structure, is attractively landscaped.
(d) The property owner has first executed and filed with the Superintendent of Building a notarized agreement agreeing to comply with all other provisions of this Subdivision and, further, agreeing that after all dwelling units in the development are initially sold or rented, all tract sales being conducted within the structure will cease; all signs will be entirely removed from the premises; any residential type of sliding glass door in a private garage doorway will be replaced with a conventional private garage door, and any sales office activity located in a private garage will be discontinued and this area reconverted for the storage of private vehicles. (Amended by Ord. No. 158,561, Eff. 1/14/84.)
12. (Added by Ord. No. 149,472, Eff. 5/14/77.) Notwithstanding any other provision of this article, equipment and material storage yards used exclusively in connection with public facilities projects may be located in the A, R and C Zones, provided the following conditions are complied with.
(a) That such storage activities not be commenced prior to the execution of the construction contract with the governmental entity authorizing such work, and such storage activity be terminated within 30 days of the expiration of the contract or 30 days after completion of the construction, whichever comes first.
(b) That no storage or related activities be located closer than 25 feet to any residential improvement unless a solid 8 foot high fence be constructed along the entire property line adjoining such improvement, except at parking of employees’ personal vehicles shall be permitted within the 25 foot buffer area, and such parking area need not comply with the requirements of Section 12.21 A.6. of this article.
(c) That the premises and grounds be frequently sprinkled and watered to prevent dust from becoming a nuisance to the neighboring residents.
(d) That there be no stockpiling of materials above 8 feet.
(e) That hours of operation including servicing and maintenance of all stored equipment be only between 7:00 a.m. and 6:00 p.m., and at no time on Saturdays, Sundays or holidays except in emergencies.
Prior to the use of any land for equipment and material storage activities pursuant to this Subdivision, the operator or operators of such storage yard shall obtain a certificate of occupancy of land as provided for in Section 12.26 E. of the Los Angeles Municipal Code. Where it can be shown to the satisfaction of the Superintendent of Building that the conditions of this Subdivision are not being complied with, the Superintendent may revoke the certificate of occupancy. Such revocation may be appealed to the Board of Building and Safety Commissioners pursuant to the provisions of Section 98.0403 of this Code.
13. Infrequent Use of Property for Commercial Filming. (Amended by Ord. No. 170,516, Eff. 6/18/95.) Notwithstanding any of the provisions of this article to the contrary, property in all zones may be used for the purpose of infrequent filming of commercial motion pictures and still photographs, provided that a permit therefor has first been obtained from the City Council, or whomever the Council by order, resolution or ordinance may delegate such authority. The City Council, or whomever the Council by order, resolution or ordinance may delegate such authority shall adopt such rules and regulations concerning the issuance of said permits as may be necessary to assure that filming will be conducted at such times and in such a manner as to cause a minimum of interference with the enjoyment and use of adjacent property, and consistent with public health, safety and general welfare.
14. (None)
15. Parking Requirements For Showcase Theaters. (Added by Ord No 148,910, Eff. 11/18/76.) Notwithstanding any provision of this article to the contrary, the parking for showcase theaters required under Section 12.21
A.4.(e), (g), (i), (m); Section 12.21
A.5.; and Section 12.26
C. and 12.26 E.5. may be provided on the site, or off the site under a written agreement approved by the City Attorney and the Superintendent of Building. Where off-site parking is provided under any written agreement other than a Parking Covenant, such agreement shall be for a minimum of one year and shall be signed by the theater operator and the lessee or owner of the property upon which the required parking spaces shall be located. This agreement shall remain in effect for the duration of the existence of the showcase theater. Such agreement shall be filed with the Department of Building and Safety.
Where the parking covenant or other written agreement provides for parking on a lot which does not meet the design standards set forth in Section 12.21 A.5. and 12.21 A.6. but which parking area met the applicable Municipal Code design standard when originally established, such spaces shall be accepted for purposes of this Subdivision without compliance with the provisions of Section 12.21 A.5. and 12.21 A.6.
16. Outside Automobile Hoists. (Amended by Ord. No. 172,468, Eff. 4/1/99.) Any type of outside automobile hoist in the C2, C4, C5, CM or M1 Zones is prohibited.
17. Temporary Residency in Residential Vehicle Pending Reconstruction of Disaster – Destroyed Dwelling. (Added by Ord. No. 153,144, Eff. 12/28/79.)
(a) Use of Land Permit. Notwith standing any other provision of this Code to the contrary, the Department of Building and Safety may issue a use of land permit to any resident- owner of a single-family dwelling destroyed by disaster to temporarily place and reside in a residential vehicle upon the subject property. Such use of land permit shall be limited to a period of one year from the date of the subject disaster, during which period a building permit for the reconstruction of the subject dwelling unit must be obtained. When such a building permit is obtained the use of land permit shall be valid for an additional period to total no more than two years from the date of the subject disaster or until the dwelling unit is complete, whichever occurs first. No other extension of time shall be granted for such use of land permit.
(b) Fence Requirement. Where a residential vehicle is placed within a required yard area, such residential vehicle shall be screened from public view by a fence constructed to the specifications of Section 91.4401(c) of this Code; on corner lots, the restrictions of Section 62.200 of this Code shall also apply. Such fence shall be maintained in good condition and appearance.
(c) Yard Area Requirements. Such residential vehicle must observe five-foot front, side and rear yards and adequate access shall be assured to permit the removal of such residential vehicle after reconstruction of the disaster- destroyed dwelling unit.
(d) Site Restoration. Within thirty (30) days of the removal of the residential vehicle, all equipment and utilities accessory to such residential vehicle and any nonconforming fence constructed pursuant to this section shall be removed and the site restored to permitted use and condition.
18. Developments Combining Residential and Commercial Uses. Except where the provisions of Section 12.24.1 of this Code apply, notwithstanding any other provision of this chapter to the contrary, the following uses shall be permitted in the following zones subject to the following limitations: (Amended by Ord. No. 163,679, Eff. 7/18/88.)
(a) Any use permitted in the R5 Zone on any lot in the CR, C1, C1.5, C2, C4 or C5 Zones provided that such lot is located within the Central City Community Plan Area or within an area designated on an adopted community plan as “Regional Center” or “Regional Commercial”. Any combination of R5 uses and the uses permitted in the underlying commercial zone shall also be permitted on such lot. (Amended by Ord. No. 182,452, Eff. 4/4/13.)
(b) Any use permitted in the CR, C1, C1.5, C2, C4 or C5 Zones on any lot in the R5 Zone provided that the lot is located within the Central City Community Plan Area. Any combination of these commercial and residential uses shall also be permitted on the lot. Commercial uses or any combination of commercial and residential uses may be permitted on any lot in the R5 Zone by conditional use pursuant to Section 12.24 W.15. outside the Central City Community Plan Area. (Amended by Ord. No. 182,452, Eff. 4/4/13.)
(c) Yards. Except as provided herein, the yard requirements of the zone in which the lot is located shall apply.
(1) The yard requirements of the C2 Zone shall apply to buildings located on lots in the R5 Zone in a redevelopment project area approved by the City Council if such buildings are used exclusively for commercial uses.
(2) The following yard requirements shall apply to buildings located on lots in the R5 Zone which are used for any combination of commercial and residential uses:
(i) The yard requirements of the C2 Zone shall apply to the portions of such buildings used exclusively for commercial uses.
(ii) No yard requirements shall apply to the portions of such buildings which are used exclusively for residential uses and which abut a street, private street or alley, if the first floor of such buildings at ground level is used for commercial uses or access to the residential portions of such buildings.
(3) No yard requirements shall apply to the residential portions of buildings located on lots in the CR, C1, C1.5, C2, C4, and C5 Zones used for combined commercial and residential uses, if such portions are used exclusively for residential uses, abut a street, private street or alley, and the first floor of such buildings at ground level is used for commercial uses or for access to the residential portions of such buildings.
(4) No yards shall be required along air space lot boundaries within the interior of buildings.
(d) The residential and commercial density, maximum floor area or height otherwise permitted for any lot shall not be increased by reason of the existence of one or more air space lots.
(e) Pedestrian Bridges. Residential uses in a building combining residential and commercial uses shall be limited to the floors above the level of a connecting pedway or pedestrian bridge except that the Director of Planning may modify or waive this requirement if the Director finds unusual topography or other special circumstances justify such modification or waiver.
(f) (Amended by Ord. No. 173,492, Eff. 10/10/00.) In the event of a conflict between the terms of this subdivision and the terms of a specific plan enacted prior to December 31, 1981, the terms of the specific plan shall prevail. The terms of this subdivision shall not apply within the boundaries of the Century City North Specific Plan.
19. Dwelling Adjacent to An Equinekeeping Use. (Amended by Ord. No. 173,492, Eff. 10/10/00.) Notwithstanding any provision of this Code to the contrary, the City shall not issue a building permit for a residential building (excluding non- habitable rooms) that is less than 35 feet from a legally established equine use, unless the Zoning Administrator makes an exception in accordance with Section 12.24 X.5.
20. Adult Entertainment Businesses. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(a) Exceptions from Section 12.70 C. of this Chapter.
(i) A person may establish and maintain, or continue to operate, an adult entertainment business on a lot within 500 feet of an “A” or “R” Zone, or within the “CR”, “C1” or “C1.5” Zones, if a site consistent with Section 12.70 C. of this Chapter is not reasonably available elsewhere in the City for the establishment or relocation of the subject adult entertainment business. This exception shall only apply to an adult entertainment business which is otherwise in compliance with all other provisions of this chapter including Section 12.70 C. of this Chapter.
A site is “reasonably available” elsewhere in the City if it meets all of the following criteria:
(1) Its use as the proposed adult entertainment business is consistent with all applicable zoning regulations, including Section 12.70 C. of this Chapter.
(2) It is available for use, purchase, or rental as an adult entertainment business.
(3) It has adequate street access, street lighting, and sidewalks.
(4) It is at least 500 feet away from any uses which are or may become obnoxious or offensive by reason of emission of odor, dust, smoke, noise, gas, fumes, cinders, refuse matter or water carried waste.
This exception shall not apply to massage parlors or sexual encounter establishments.
(ii) To apply for an exception, an applicant shall file an application with the Department of City Planning, on a form provided by the Department, identifying the present or proposed location of the adult entertainment business, and accompanied by data supporting the proposed exception and the fee provided for in Section 19.01 of this Chapter.
The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. An exception shall be approved if it meets the requirements of Subparagraph (i) above.
If the Zoning Administrator, Area Planning Commission or Council disapproves an exception, then it shall make findings of fact showing how a site consistent with Section 12.70 C. of this Chapter is reasonably available elsewhere in the City for the establishment or relocation of the subject adult entertainment business.
(b) Extensions of the Section 12.70 C. of this Chapter Amortization Period.
(i) An adult entertainment business existing on March 6, 1986 and operating within 500 feet of a lot in an “A” Zone or “R” Zone or, within the “CR”, “C1”, or “C1.5” Zones may be continued, as specified below:
(1) If the adult entertainment business is otherwise in compliance with all other provisions of this chapter including Section 12.70 C. of this Chapter; and
(2) If the adult entertainment business is subject to a written lease, entered into prior to March 6, 1986, with a termination date extending beyond March 6, 1988, then the adult entertainment business may continue until the expiration of the present term of the lease but no later than March 6, 1991; or
(3) If the adult entertainment business invokes the investment of money in real property, improvements, or stocks in trade such that a termination date beyond March 6, 1988 is necessary to prevent undue financial hardship, then it may be continued until March 6, 1991.
(ii) To apply for an extension of time, an applicant shall file an application with the Department of City Planning, on a form provided by the Department, identifying the present or proposed location of the adult entertainment business, and accompanied by data supporting the extension request and the fee provided for in Section 19.01 of this Chapter. An extension shall be approved if it meets the requirements of Subparagraph (i) above.
The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code shall be followed to the extent applicable.
An appeal from the determination of the Zoning Administrator on whether a proposed exception meets the requirements of Subparagraph (i) may be taken to the Area Planning Commission in the same manner as prescribed in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. The Area Planning Commission’s decision may be appealed to the City Council. The appeal to the Council shall follow the procedures set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code. However, a decision on any appeal shall be made within 30 days of the expiration of the appeal period. This time limit may be extended by mutual written consent of the applicant and the Area Planning Commission or Council, whichever then has jurisdiction over the appeal.
If the Zoning Administrator, Area Planning Commission or Council disapproves an extension, then it shall make findings of fact showing how the proposed extension fails to meet the requirements of Subparagraph (i).
21. (Deleted by Ord. No. 171,687, Eff. 8/19/97.)
22. (Deleted by Ord. No. 170,752, Eff. 12/14/95.)
23. Mini-Shopping Centers and Commercial Corner Development. (Amended by Ord. No. 175,223, Eff. 6/30/03.) If the requirements set forth in Paragraph (a) and the conditions set forth in Paragraph (b) of this subdivision are met, and the proposed use or uses are not enumerated in Section 12.24 W.27., then a conditional use approval pursuant to Section 12.24 W.27. shall not be required for any new use, change of use or addition of floor area to a Mini-Shopping Center or a Commercial Corner Development.
(a) Development Standards.
(1) Height. Buildings or structures located in Height District Nos. 1 and 1-L shall not exceed a maximum height of 45 feet. However, buildings or structures shall comply with the provisions of Section 12.21.1 A.10., “Transitional Height,” of this Code.
(3) Windows. The exterior walls and doors of a ground floor containing non- residential uses that front adjacent streets shall consist of at least fifty percent transparent windows, unless otherwise prohibited by law.
(4) Parking.
(i) Notwithstanding Section 12.21 A.5.(h) of this Code to the contrary, no tandem parking shall be permitted, except those spaces reserved exclusively for residential use.
(ii) Bicycle parking shall be provided as required by Section 12.21 A.16. of this Code.
(iii) Parking in the Downtown Business District shall be provided as required by Section 12.21 A.4.(i) of this Code.
(5) Lighting. All public areas of the lot or lots not covered by a building shall have night lighting for safety and security. All other open exterior areas, such as walkways and trash areas, shall have low- level, security-type lighting. All exterior lighting shall be directed onto the lot or lots, and all flood lighting shall be designed to eliminate glare to adjoining properties. All parking areas shall have a minimum of 3/4 foot-candle of flood lighting measured at the pavement.
(6) Signs.
(i) In addition to the requirements set forth in Division 62 of this Code, no person shall erect on the lot or lots the following signs, as defined in Section 91.6203 of this Code without first obtaining a conditional use permit: pole signs; projecting signs; or roof signs.
(ii) Monument signs and information signs shall be located only within the landscape-planted areas of the lot or lots.
(7) Utilities. All new utility lines which directly service the lot or lots shall be installed underground. If underground service is not currently available, then provisions shall be made for future underground service.
(8) Walls and Trash Storage. A solid masonry wall at least six feet in height shall be erected along the lot lines of the lot or lots where the lot or lots abut or are across an alley from any residential zone or use, except for that portion of the lot line where an access driveway is required by the City. Trash storage bins shall be located within a gated, covered enclosure constructed of materials identical to the exterior wall materials of the building.
(9) Recycling Area or Room. Every Mini-Shopping Center or Commercial Corner Development shall conform to the requirements of Section 12.21 A.19.(c) of this Code.
(i) Landscaping – Setback. (Amended by Ord. No. 177,103, Eff. 12/18/05.) A landscaped, planted area having a minimum inside width of five feet shall be required along all street frontages of the lot and on the perimeters of all parking areas of the lot or lots which abut a residential zone or use.
Notwithstanding the above, in the Downtown Business District as defined in Section 12.21 A.4.(i) of this Code, a landscape (planted) area having a minimum inside width of five feet shall be required on the peri- meters of all parking areas of the lot which abut a residential zone or use.
(ii) Irrigation System. An automatic irrigation system shall be provided for all landscaped areas. This system shall be installed prior to the issuance of any certificate of occupancy.
(b) Conditions of Operation. A Mini- Shopping Center or a Commercial Corner Development shall comply with the following conditions:
(1) Maintenance. The condition of the lot or lots, including but not limited to parking areas, exterior walls, required lighting, and landscaped areas, shall at all times be maintained in a safe and sanitary condition and in a state of good repair. Exterior wall surfaces shall at all times be kept free from graffiti and any marks of vandalism.
(2) Debris Removal. The lot or lots shall at all times be kept clear of weeds, rubbish, and all types of litter and combustible materials. Trash receptacles shall be located throughout the open areas of the lot or lots.
(3) Hours. Parking lot cleaning and sweeping, and trash collections from and deliveries to a Mini-Shopping Center or Commercial Corner Development, shall occur no earlier than 7 a.m., nor later than 8 p.m., Monday through Friday, and no earlier than 10 a.m., nor later than 4 p.m., on Saturdays and Sundays.
(4) Landscape Maintenance. Maintenance of landscaped areas shall include continuous operations of watering, removal of weeds, mowing, trimming, edging, cultivation, reseeding, plant replacement, fertilization, spraying, control of pests, insects, and rodents, or other operations necessary to assure normal plant growth. All trees, shrubs and ground cover shall be maintained as healthy and vigorous at all times. Irrigation systems, installed pursuant to the requirements in Sub- subparagraph (a)(10)(ii) above shall be continuously maintained in accordance with Section 12.41 B.5. of this Code.
(5) Covenant. Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of Planning, acknowledging that the owner shall implement each of the conditions set forth in Paragraph (b) of this subdivision, and shall not permit the erection of any of the signs enumerated in Paragraph (a)(6) of this subdivision or the establishment of any uses enumerated in Section 12.24 W.27. of this Code without first obtaining a conditional use approval. The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners. The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.
(c) Existing Building Changed to Mini- Shopping Center or Commercial Corner Development.
(1) An existing building or buildings may be converted to a Mini-Shopping Center or to a Commercial Corner Development without first obtaining a conditional use approval if all of the following requirements are met:
(i) all alterations result in no more than a twenty percent increase in the existing floor area of all of the buildings on a lot or lots;
(ii) the proposed Mini- Shopping Center or the Commercial Corner Development use or uses are not enumerated in Section 12.24 W.27.;
(iii) no sign identified in Paragraph (a)(6) of this subdivision shall be erected on the site; and
(iv) the proposed Mini- Shopping Center or the Commercial Corner Development complies with the conditions of operation of Paragraph (b) of this subdivision.
(2) For an existing Mini-Shopping Center, or existing Commercial Corner Development use, no person shall establish as a new use, any of the uses enumerated in Section 12.24 W.27. of this subdivision without first obtaining a conditional use approval.
(d) Exemptions. The following Projects shall not be subject to this subdivision:
(2) Adaptive Reuse Projects as defined in Section 12.22 A.26.; and
(3) Libraries, governmental offices, police stations, fire stations, and other government owned related facilities or uses.
(e) Specific Plan Compliance. If, as determined by the Director of Planning or the Director's designee, the provisions of this Section conflict with those of an adopted Specific Plan, then the provisions of the Specific Plan shall prevail.
24. Mobile Medical Facilities and Bloodmobiles. (Added by Ord. No. 166,045, Eff. 8/17/90.)
(a) Notwithstanding any provision of this article to the contrary, any mobile medical facility may operate once a month for no more than 72 consecutive hours, in any single established parking area, in the P, PB, CR, C1, C1.5, C2, C4, CM, M1, M2 and M3 Zones, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the facility does not obstruct any driveway access aisle or required parking space.
(b) Notwithstanding any provision of the article to the contrary, any bloodmobile may operate once a month for no more than 72 consecutive hours, in any single established parking area in any zone, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the bloodmobile does not obstruct any driveway access aisle or required parking space.
(c) Notwithstanding any provision of this article to the contrary, any mobile medical facility may operate once a week for no more that 72 consecutive hours, in any single established hospital parking area, in the P, PB, CR, C1, C1.5, C2, C4, CM, M1, M2 and M3 zones, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the facility does not obstruct any driveway access aisle or required parking space. (Added by Ord. No. 170,161, Eff. 1/16/95.)
25. Affordable Housing Incentives – Density Bonus. (Amended by Ord. No. 179,681, Eff. 4/15/08.)
(a) Purpose. The purpose of this subdivision is to establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, and to increase the production of affordable housing, consistent with City policies.
(b) Definitions. Notwithstanding any provision of this Code to the contrary, the following definitions shall apply to this subdivision:
Affordable Housing Incentives Guidelines - the guidelines approved by the City Planning Commission under which Housing Development Projects for which a Density Bonus has been requested are evaluated for compliance with the requirements of this subdivision.
Area Median Income (AMI) - the median income in Los Angeles County as determined annually by the California Department of Housing and Community Development (HCD) or any successor agency, adjusted for household size.
Density Bonus - a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and/or specific plan granted pursuant to this subdivision.
Density Bonus Procedures - procedures to implement the City’s Density Bonus program developed by the Departments of Building and Safety, City Planning and Housing.
Disabled Person - a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of an impairment or, anyone who has a record of having that type of an impairment.
Floor Area Ratio - the multiplier applied to the total buildable area of the lot to determine the total floor area of all buildings on a lot.
Housing Development Project - the construction of five or more new residential dwelling units, the addition of five or more residential dwelling units to an existing building or buildings, the remodeling of a building or buildings containing five or more residential dwelling units, or a mixed use development in which the residential floor area occupies at least fifty percent of the total floor area of the building or buildings. For the purpose of establishing the minimum number of five dwelling units, Restricted Affordable Units shall be included and density bonus units shall be excluded.
Incentive - a modification to a City development standard or requirement of Chapter I of this Code (zoning).
Income, Very Low, Low or Moderate - annual income of a household that does not exceed the amounts designated for each income category as determined by HCD or any successor agency.
Residential Hotel - any building containing six or more Guest Rooms or Efficiency Dwelling Units, which are intended or designed to be used, or are used, rented, or hired out to be occupied, or are occupied for sleeping purposes by guests, so long as the Guest Rooms or Efficiency Dwelling Units are also the primary residence of those guests, but not including any building containing six or more Guest Rooms or Efficiency Dwelling Units, which is primarily used by transient guests who do not occupy that building as their primary residence.
Residential Unit - a dwelling unit or joint living and work quarters; a mobilehome, as defined in California Health and Safety Code Section 18008; a mobile home lot in a mobilehome park, as defined in California Health and Safety Code Section 18214; or a Guest Room or Efficiency Dwelling Unit in a Residential Hotel.
Restricted Affordable Unit - 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 determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
Senior Citizens - individuals who are at least 62 years of age, except that for projects of at least 35 units that are subject to this subdivision, a threshold of 55 years of age may be used, provided all applicable City, state and federal regulations are met.
Senior Citizen Housing Development - a Housing Development Project for senior citizens that has at least 35 units.
Specific Adverse Impact - a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Transit Stop/Major Employment Center - any one of the following:
(1) A station stop for a fixed transit guideway or a fixed rail system that is currently in use or whose location is proposed and for which a full funding contract has been signed by all funding partners, or one for which a resolution to fund a preferred alignment has been adopted by the Los Angeles County Metropolitan Transportation Authority or its successor agency; or
(2) A Metro Rapid Bus stop located along a Metro Rapid Bus route; or, for a Housing Development Project consisting entirely of Restricted Affordable Units, any bus stop located along a Metro Rapid Bus route; or
(3) The boundaries of the following three major economic activity areas, identified in the General Plan Framework Element: Downtown, LAX and the Port of Los Angeles; or
(4) The boundaries of a college or university campus with an enrollment exceeding 10,000 students.
(c) Density Bonus. Notwithstanding any provision of this Code to the contrary, the following provisions shall apply to the grant of a Density Bonus for a Housing Development Project:
(1) For Sale or Rental Housing with Low or Very Low Income Restricted Affordable Units. A Housing Development Project that includes 10% of the total units of the project for Low Income households or 5% of the total units of the project for Very Low Income households, either in rental units or for sale units, shall be granted a minimum Density Bonus of 20%, which may be applied to any part of the Housing Development Project. The bonus may be increased according to the percentage of affordable housing units provided, as follows, but shall not exceed 35%:
Percentage Low Income Units | Percentage Density Bonus |
Percentage Low Income Units | Percentage Density Bonus |
10 | 20 |
11 | 21.5 |
12 | 23 |
13 | 24.5 |
14 | 26 |
15 | 27.5 |
16 | 29 |
17 | 30.5 |
18 | 32 |
19 | 33.5 |
20 | 35 |
Percentage Very Low Income Units | Percentage Density Bonus |
Percentage Very Low Income Units | Percentage Density Bonus |
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
(2) For Sale or Rental Senior Citizen Housing (Market Rate). A Senior Citizen Housing Development or a mobile- home park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Sections 798.76 or 799.5 shall be granted a minimum Density Bonus of 20%.
(3) (Deleted by Ord. No. 181,142, Eff. 6/1/10.)
(4) A Common Interest Development That Includes Moderate Income Restricted Affordable Units. (Amended by Ord. No. 181,142, Eff. 6/1/10.) A common interest development as defined in Section 1351 of the Civil Code that includes at least 10% of its units for Moderate Income households shall be granted a minimum Density Bonus of 5%. The bonus may be increased according to the percentage of affordable housing units provided, as follows, but shall not exceed 35%:
Percentage Moderate Income Units | Percentage Density Bonus |
Percentage Moderate Income Units | Percentage Density Bonus |
10 | 5 |
11 | 6 |
12 | 7 |
13 | 8 |
14 | 9 |
15 | 10 |
16 | 11 |
17 | 12 |
18 | 13 |
19 | 14 |
20 | 15 |
21 | 16 |
22 | 17 |
23 | 18 |
24 | 19 |
25 | 20 |
26 | 21 |
27 | 22 |
28 | 23 |
29 | 24 |
30 | 25 |
31 | 26 |
32 | 27 |
33 | 28 |
34 | 29 |
35 | 30 |
36 | 31 |
37 | 32 |
38 | 33 |
39 | 34 |
40 | 35 |
(5) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City of Los Angeles satisfying the criteria of California Government Code Section 65915(h)(2), as verified by the Department of City Planning, shall be granted a minimum Density Bonus of 15%.
(6) Child Care. A Housing Development Project that conforms to the requirements of Subparagraphs (1), (2), (3), (4) or (5) of this paragraph and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted either of the following:
(i) an additional Density Bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project.
(ii) An additional Incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(7) Fractional Units. In calculating Density Bonus and Restricted Affordable units, any number resulting in a fraction shall be rounded up to the next whole number.
(8) Other Discretionary Approval. Approval of Density Bonus units shall not, in and of itself, trigger other discretionary approvals required by the Code.
(9) Other Affordable Housing Subsidies. Approval of Density Bonus units does not, in and of itself, preclude projects from receipt of other government subsidies for affordable housing.
(10) Additional Option for Restricted Affordable Units located near Transit Stop/Major Employment Center. In lieu of providing the requisite number of Restricted Affordable Units in a Housing Development Project located in or within 1,500 feet of a Transit Stop/Major Employment Center that would otherwise be required under this subdivision, an applicant may opt to provide a greater number of smaller units, provided that:
(i) the total number of units in the Housing Development Project including Density Bonus units does not exceed the maximum permitted by this subdivision;
(ii) the square footage of the aggregate smaller Restricted Affordable units is equal to or greater than the square footage of the aggregate Restricted Affordable Units that would otherwise be required under this subdivision;
(iii) the smaller Restricted Affordable units are distributed throughout the building and have proportionally the same number of bedrooms as the market rate units; and
(iv) the smaller Restricted Affordable Units meet the minimum unit size requirements established by the Low Income Housing Tax Credit Program as administered by the California Tax Credit Allocation Committee (TCAC).
(11) Common Interest Development with Low or Very Low Income restricted Affordable Units for Rent. In a common interest development as defined in California Government Code Section 1351, such as a condominium, Restricted Affordable Units may be for sale or for rent.
(12) Condominium Conversion. A Housing Development Project that involves the conversion of apartments into condominiums and that includes 33 percent of its units restricted to households of Low or Moderate income or 15 percent of its units restricted to households of Very Low Income shall be granted a Density Bonus of 25 percent or up to three incentives as provided in Paragraph (e) of this subdivision.
(d) Parking in a Housing Development Project. Required parking spaces for a Housing Development Project that is for sale or for rent and qualifies for a Density Bonus and complies with this subdivision may be provided by complying with whichever of the following options requires the least amount of parking: applicable parking provisions of Section 12.21 A.4. of this Code, or Parking Option 1 or Parking Option 2, below. Required parking in a Housing Development Project that qualifies for a Density Bonus may be sold or rented separately from the dwelling units, so that buyers and tenants have the option of purchasing or renting a unit without a parking space. The separate sale or rental of a dwelling unit and a parking space shall not cause the rent or purchase price of a Restricted Affordable Unit (or the parking space) to be greater than it would otherwise have been.
(1) Parking Option 1. Required parking for all residential units in the Housing Development Project (not just the restricted units), inclusive of handicapped and guest parking, shall be reduced to the following requirements:
(i) For each Residential Unit of 0 - 1 bedroom: 1 on-site parking space.
(ii) For each Residential Unit of 2 - 3 bedrooms: 2 on-site parking spaces.
(iii) For each Residential Unit of 4 or more bedrooms: 2-1/2 on-site parking spaces.
(2) Parking Option 2. Required parking for the Restricted Affordable Units only shall be reduced as set forth in Subparagraphs (i) and (ii) below. Required parking for all other non-restricted units in the Housing Development Project shall comply with applicable provisions of Section 12.21 of this Code.
(i) One parking space per Restricted Affordable Unit, except:
a. 0.5 parking space for each dwelling unit restricted to Low or Very Low Income Senior Citizens or Disabled Persons; and/or
b. 0.25 parking space for each Restricted Affordable Unit in a Residential Hotel.
(ii) Up to 40% of the required parking for the Restricted Affordable Units may be provided by compact stalls.
(e) Incentives.
(1) In addition to the Density Bonus and parking options identified in Paragraphs (c) and (d) of this subdivision, a Housing Development Project that qualifies for a Density Bonus shall be granted the number of Incentives set forth in the table below.
Number of Incentives | Required Percentage* of Units Restricted for Very Low Income Households | Required Percentage* of Units Restricted for Low Income Households | Required Percentage* of Units Restricted for Moderate Income Households (For Sale Only) |
One Incentive | 5% or | 10% or | 10% |
Two Incentives | 10% or | 20% or | 20% |
Three Incentives | 15% or | 30% or | 30% |
* Excluding Density Bonus units.
(2) To be eligible for any on-menu incentives, a Housing Development Project (other than an Adaptive Reuse project) shall comply with the following:
(i) The facade of any portion of a building that abuts a street shall be articulated with a change of material or with a break in plane, so that the facade is not a flat surface.
(ii) All buildings must be oriented to the street by providing entrances, windows, architectural features and/or balconies on the front and along any street-facing elevations.
(iii) The Housing Development Project shall not be a contributing structure in a designated Historic Preservation Overlay Zone and shall not be on the City of Los Angeles list of Historical-Cultural Monuments.
(iv) The Housing Development Project shall not be located on a substandard street in a Hillside Area or in a Very High Fire Hazard Severity Zone as established in Section 57.4908 of this Code.
(f) Menu of Incentives. Housing Development Projects that meet the qualifications of Paragraph (e) of this subdivision may request one or more of the following Incentives, as applicable:
(1) Yard/Setback. Up to 20% decrease in the required width or depth of any individual yard or setback except along any property line that abuts an R1 or more restrictively zoned property provided that the landscaping for the Housing Development Project is sufficient to qualify 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.”
(2) Lot Coverage. Up to 20% increase in lot coverage limits, provided that the landscaping for the Housing Development Project is sufficient to qualify 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) Lot Width. Up to 20% decrease from a lot width requirement, provided that the landscaping for the Housing Development Project is sufficient to qualify 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”.
(4) Floor Area Ratio.
(i) A percentage increase in the allowable Floor Area Ratio equal to the percentage of Density Bonus for which the Housing Development Project is eligible, not to exceed 35%; or
(ii) 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 in Height District 1 (including 1VL, 1L and 1XL), and fronts on a Major Highway as identified in the City’s General Plan, and
a. the Housing Development Project includes the number of Restricted Affordable Units sufficient to qualify for a 35% Density Bonus, and
b. 50% or more of the commercially zoned parcel is located in or within 1,500 feet of a Transit Stop / Major Employment Center.
A Housing Development Project in which at least 80% of the units in a rental project are Restricted Affordable Units or in which 45% of the units in a for-sale project are Restricted Affordable Units shall be exempt from the requirement to front on a Major Highway.
(5) Height. A percentage increase in the height requirement in feet equal to the percentage of Density Bonus for which the Housing Development Project is eligible. This percentage increase in height shall be applicable over the entire parcel regardless of the number of underlying height limits. For purposes of this subparagraph, Section 12.21.1 A.10. of this Code shall not apply.
(i) In any zone in which the height or number of stories is limited, this height increase shall permit a maximum of eleven additional feet or one additional story, whichever is lower, to provide the Restricted Affordable Units.
(a) No additional height shall be permitted for that portion of a of a building in a Housing Development Project that is located within fifteen feet of a lot classified in the R2 Zone.
(b) For each foot of additional height the building shall be set back one horizontal foot.
(ii) No additional height shall be permitted for that portion of a building in a Housing Development Project that is located within 50 feet of a lot classified in an R1 or more restrictive residential zone.
(iii) No additional height shall be permitted for any portion of a building in a Housing Development Project located on a lot sharing a common lot line with or across an alley from a lot classified in an R1 or more restrictive zone. This prohibition shall not apply if the lot on which the Housing Development Project is located is within 1,500 feet of a Transit Stop but no additional height shall be permitted for that portion of a building in the Housing Development Project that is located within 50 feet of a lot classified in an R1 or more restrictive residential zone.
(6) Open Space. Up to 20% decrease from an open space requirement, provided that the landscaping for the Housing Development Project is sufficient to qualify 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”.
(7) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.
(8) Averaging of Floor Area Ratio, Density, Parking or Open Space, and permitting Vehicular Access. A Housing Development Project that is located on two or more contiguous parcels may average the floor area, density, open space and parking over the project site, and permit vehicular access from a less restrictive zone to a more restrictive zone, provided that:
(i) the Housing Development Project includes 11% or more of the units as Restricted Affordable Units for Very Low Income households, or 20% of the units for Low Income households, or 30% of the units for Moderate Income households; and
(ii) the proposed use is permitted by the underlying zone(s) of each parcel; and
(iii) no further lot line adjustment or any other action that may cause the Housing Development Project site to be subdivided subsequent to this grant shall be permitted.
(g) Procedures. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(1) Density Bonus and Parking. Housing Development Projects requesting a Density Bonus without any Incentives (which includes a Density Bonus with only parking requirements in accordance with Paragraphs (c) and (d) of this subdivision) shall be considered ministerial and follow the Affordable Housing Incentives Guidelines and the Density Bonus Procedures. No application for these projects need be filed with the City Planning Department.
(2) Requests for Incentives on the Menu.
(i) The applicant for Housing Development Projects that qualify for a Density Bonus and that request up to three Incentives on the Menu of Incentives in Paragraph (f) of this subdivision, and which require no other discretionary actions, the following procedures shall apply:
a. Application. The request shall be made on a form provided by the Department of City Planning, as set forth in Sec. 13B.2.5. (Director Determination) of Chapter 1A
of this Code, accompanied by applicable fees.
b. Authority. The Director shall be the initial decision maker for applications seeking on Menu incentives.
EXCEPTION: When the application is filed as part of a project requiring multiple approvals, the initial decision maker shall be as set forth in Sec. 13A.2.10 (Multiple Approvals) of Chapter 1A
of this Code; and when the application is filed in conjunction with a subdivision and no other approval, the Advisory Agency shall be the initial decision- maker.
c. Action. Despite the findings established in Sec. 13B.2.5. (Director Determination) of Chapter 1A
of this Code, the Director shall approve a Density Bonus and requested Incentive(s) unless the Director finds that:
(i) The Incentive is not required in order to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5, or Section 50053 for rents for the affordable units; or
(ii) The Incentive will have a Specific Adverse Impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to Very Low, Low and Moderate Income households. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
(ii) For Housing Development Projects that qualify for a Density Bonus and for which the applicant requests up to three Incentives listed in Paragraph (f), above, and that require other discretionary actions, the applicable procedures set forth in Sec. 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply.
a. The decision must include a separate section clearly labeled “Density Bonus / Affordable Housing Incentives Program Determination”.
b. The decision-maker shall approve a Density Bonus and requested Incentive(s) unless the decision-maker, based upon substantial evidence, makes either of the two findings set forth in Subparagraph (g)(2)(i)c., above.
(3) Requests for Waiver or Modification of Any Development Standard(s) Not on the Menu.
(i) For Housing Development Projects that qualify for a Density Bonus and for which the applicant request a waiver or modification of any development standard(s) that is not included on the Menu of Incentives in Paragraph (f), above, and that are not subject to other discretionary applications, the following shall apply:
a. The request shall be made on a form provided by the Department of City Planning, accompanied by applicable fees, and shall include a pro forma or other documentation to show that the waiver or modification of any development standard(s) are needed in order to make the Restricted Affordable Units economically feasible.
b. Notice and Hearing. The application shall follow the procedures for conditional uses set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code. Notwithstanding the provisions set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
, the decision of the City Planning Commission shall be final.
c. Despite the findings established in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code, the City Planning Commission shall approve a Density Bonus and requested waiver or modification of any development standard(s) unless the Commission, based upon substantial evidence, makes either of the two findings set forth in Subparagraph (g)(2)(i)c., above.
(ii) For Housing Development Projects requesting waiver or modification of any development standard(s) not included on the Menu of Incentives in Paragraph (f) above, and which include other discretionary applications, the following shall apply:
a. The applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) of Chapter 1A of this Code shall apply.
b. The decision must include a separate section clearly labeled “Density Bonus / Affordable Housing Incentives Program Determination”.
c. The decision-maker shall approve a Density Bonus and requested waiver or modification of any development standard(s) unless the decision- maker, based upon substantial evidence, makes either of the two findings set forth in Subparagraph (g)(2)(i)c., above.
(h) Covenant. Prior to issuance of a Building Permit, the following shall apply:
(1) For any Housing Development Project qualifying for a Density Bonus and that contains housing for Senior Citizens, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the occupancy restriction to Senior Citizens shall be observed for at least 30 years from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(2) For any Housing Development Project qualifying for a Density Bonus and that contains housing for Low or Very Low Income households, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for at least 30 years from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) For any Housing Development Project qualifying for a Density Bonus and that contains housing for Moderate Income households for sale, a covenant acceptable to the Los Angeles Housing Department and consistent with the for sale requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder guaranteeing that the affordability criteria will be observed for at least ten years from the issuance of the Certificate of Occupancy. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
(5) Any covenant described in this paragraph must provide for a private right of enforcement by the City, any tenant, or owner of any building to which a covenant and agreement applies.
(j) Applicability. To the extent permitted under applicable State law, if a conflict arises between the terms of this subdivision and the terms of the City’s Mello Act Settlement Agreement, Interim Administrative Procedures for Complying with the Mello Act or any subsequent permanent Mello Ordinance, Procedures or Regulations (collectively “Mello Terms”), the Mello Terms preempt this subdivision.
26. Downtown Adaptive Reuse Projects. (Amended by Ord. No. 174,315, Eff. 12/20/01.)
(a) Purpose. The purpose of this Subdivision is to revitalize the Greater Downtown Los Angeles Area and implement the General Plan by facilitating the conversion of older, economically distressed, or historically significant buildings to apartments, live/work units or visitor-serving facilities. This will help to reduce vacant space as well as preserve Downtown’s architectural and cultural past and encourage the development of a live/work and residential community Downtown, thus creating a more balanced ratio between housing and jobs in the region’s primary employment center. This revitalization will also facilitate the development of a “24-hour city” and encourage mixed commercial and residential uses in order to improve air quality and reduce vehicle trips and vehicle miles traveled by locating residents, jobs, hotels and transit services near each other.
(b) Application. If the provisions of Subparagraph (2) of Paragraph (h) and of Subparagraphs (1), (2) or (3) of Paragraph (j) of this subdivision conflict with those of any specific plan, supplemental use district, “Q” condition, “D” limitation, or citywide regulation, any of which were adopted or imposed by City action prior to the effective date of this ordinance, then this Subdivision shall prevail.
(c) Definition of Adaptive Reuse Project. Notwithstanding any other provisions of this chapter to the contrary, for the purposes of this subdivision, an Adaptive Reuse Project is any change of use to dwelling units, guest rooms, or joint living and work quarters in all or any portion of any eligible building.
(d) Eligible Buildings. The provisions of this subdivision shall apply to Adaptive Reuse Projects in all or any portion of the following buildings in the CR, C1, C1.5, C2, C4, C5, CM and R5 Zones in the Downtown Project Area:
(1) Buildings constructed in accordance with building and zoning codes in effect prior to July 1, 1974. A Certificate of Occupancy, building permit, or other suitable documentation may be submitted as evidence to verify the date of construction.
(2) Buildings constructed in accor dance with building and zoning codes in effect on or after July 1, 1974, if:
(i) Five years have elapsed since the date of issuance of final Certificates of Occupancy; and
(ii) A Zoning Administrator finds that the building is no longer economically viable in its current use or uses, pursuant to Section 12.24 X.1.(c). (Amended by Ord. No. 175,588, Eff. 12/1/03.)
(3) Buildings designated on the National Register of Historic Places, the California Register of Historical Resources, or the City of Los Angeles List of Historic- Cultural Monuments. Contributing Buildings in National Register Historic Districts or Contributing Structures in Historic Preservation Overlay Zones (HPOZ) established pursuant to Div. 13B.8. (Historic Preservation) of Chapter 1A
of this Code are also eligible buildings. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(e) M Zones. The Zoning Administrator may, upon application, permit Adaptive Reuse Projects in all or any portion of any eligible building in the MR1, MR2, M1, M2 and M3 Zones in the Downtown Project Area, pursuant to Section 12.24 X.1.(b). (Amended by Ord. No. 175,588, Eff. 12/1/03.)
(f) Floor Area Averaging. The Zoning Administrator may, upon application, permit floor area averaging in unified Adaptive Reuse Projects, pursuant to Section 12.24 X.1.(d). (Amended by Ord. No. 175,588, Eff. 12/1/03.)
(g) Downtown Project Area. The Downtown Project Area includes the following areas:
(1) The Central City Community Plan Area as shown on the General Plan of the City of Los Angeles; and
(2) All that real property in the City of Los Angeles, described by the following boundary lines: Bounded northerly by the centerline of Freeway Number 10 (commonly called the Santa Monica Freeway); bounded southerly by the centerline of Vernon Avenue; bounded easterly and southeasterly by the following centerline courses: beginning at the intersection of the Santa Monica Freeway and Grand Avenue, then southerly along Grand Avenue to the most easterly line of Freeway Number 110 (commonly called the Harbor Freeway), then southerly along that right of way to the centerline of Martin Luther King, Jr. Boulevard, then easterly along Martin Luther King, Jr. Boulevard to the centerline of Grand Avenue, then southerly along Grand Avenue to the centerline of Vernon Avenue. Bounded westerly and northwesterly by the following centerline courses: beginning at the intersection of Vermont Avenue and Vernon Avenue, then northerly along Vermont Avenue to Jefferson Boulevard, then easterly along Jefferson Boulevard to University Avenue, then northerly along University Avenue to 28th Street, then westerly along 28th Street to Severance Street, then northerly along Severance Street to Adams Boulevard, then westerly along Adams Boulevard to Scarff Street, then northerly along Scarff Street to 23rd Street, then southerly along 23rd Street to Bonsallo Avenue, then northerly along Bonsallo Avenue to Washington Boulevard, then westerly along Washington Boulevard to Oak Street, then northerly along Oak Street and its northerly prolongation to the Santa Monica Freeway.
(h) Incentives. Notwithstanding any other provisions of this chapter to the contrary, Adaptive Reuse Projects shall be entitled to the incentives set forth below. Except for the provision concerning mezzanines set forth in Subparagraph (1) below, these incentives shall not apply to any new floor area that is added to an Adaptive Reuse Project.
(1) Mezzanines. Loft spaces in joint living and work quarters, dwelling units and guest rooms which do not exceed more than 33 percent of the floor area of the space below shall not be considered new floor area. Mezzanines may be included in the calculation of floor area for the purpose of determining compliance with the standards set forth in Paragraph (i) of this subdivision.
(2) Density. Dwelling units, joint living and work quarters and guest rooms shall not be subject to the lot area requirements of the zone or height district.
(3) Off-Street Automobile Parking. The required number of parking spaces shall be the same as the number of spaces that existed on the site on June 3, 1999, and shall be maintained and not reduced. Adaptive Reuse Projects shall otherwise be exempt from the provisions of Section 12.21 A.4.(m) of this Code.
(4) Mini-Shopping Center and Commercial Corner Development Regulations. Adaptive Reuse Projects shall be exempt from the mini-shopping center and commercial corner development regulations set forth in Section 12.22 A.23.
(5) Site Plan Review. Adaptive Reuse Projects shall be exempt from the requirements for Site Plan Review set forth in Section 16.05.
(6) Loading Space. Where an existing loading space is provided, the provisions of Section 12.21 C.6.(h) shall apply. If no loading spaces exist, then a loading space shall not be required in conjunction with the development of an Adaptive Reuse Project.
(i) Standards. Adaptive Reuse Projects permitted pursuant to this subdivision shall be developed in compliance with the following standards:
(1) Dwelling Units and Joint Living and Work Quarters. (Amended by Ord. No. 175,588, Eff. 12/1/03.) The minimum floor area for new dwelling units and joint living and work quarters shall be 450 square feet, provided however, that the average floor area of all such units and quarters in a single eligible building, including those that existed prior to June 3, 1999, shall be at least 750 square feet. That minimum average size shall be maintained and not reduced.
Floor area, as defined in Section 12.03 of the Code, shall also not include hallways or other common areas. The floor area of both the living space and the work space shall be combined to determine the size of joint living and work quarters.
(2) Guest Rooms. Guest rooms shall include a toilet and bathing facilities.
(j) Exceptions. Notwithstanding the nonconforming provisions of Section 12.23, the following exceptions shall apply to the buildings in which Adaptive Reuse Projects are located. These exceptions shall also apply to any building in which new floor area or height was added or observed yards changed on or after July 1, 1974, as evidenced by a valid Certificate of Occupancy.
(1) Floor Area. Existing floor area which exceeds that permitted by the zone, height district, specific plan, supplemental use district, or any other land use regulation shall be permitted.
(2) Height. Existing height which exceeds that permitted by the zone, height district, specific plan, supplemental use district, or any other land use regulation shall be permitted.
(3) Yards. Existing observed yards which do not meet the yards required by the zone, height district, specific plan, supplemental use district, or any other land use regulation shall be permitted.
(k) Uses. Notwithstanding the nonconforming provisions of Section 12.23, dwelling units, guest rooms, and joint living and work quarters shall be permitted in Adaptive Reuse Projects, so long as the use is permitted by the underlying zone.
27. Reasonable Accommodation – Fair Housing Protections for Individuals with Disabilities. See Sec. 13B.5.5. (Reasonable Accommodation) of Chapter 1A
of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
28. Automotive Use. (Added by Ord. No. 178,382, Eff. 3/24/07.) In the C2 or less restrictive zones, a new automotive use, change of use or addition of floor area to an existing automotive use may be established without first obtaining an approval pursuant to Section 12.24 W.4. of this Code if the development standards set forth in Paragraph (a) and the operating conditions set forth in Paragraph (b) of this subdivision are met. Notwithstanding the above, new automobile dealership franchises, and their associated activities, are exempt from the requirements of this subdivision.
(a) Development Standards.
(1) Windows. The exterior walls and doors of any building, excluding bay doors and/or security grills, housing an automotive use, which are parallel to a street, shall consist of at least 50 percent transparent windows, unless otherwise prohibited by law.
(2) Bay Doors. Bay doors or vehicle entrances, exits and openings shall not face any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone that is within 100-feet from the face of the building containing the bay door, vehicle entrance, exit or opening.
(3) Wash Rack. Every wash rack shall be constructed or arranged so that entrances, exits and openings shall not face any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone within 100-feet of the side of the building containing the bay door, vehicle entrance, exit or opening.
(4) Fences. Fences or walls erected along the front lot line shall not exceed 36-inches in height.
(5) Automotive hoists. Automotive hoists of any type or size, shall be located and operated only inside a building enclosed on at least three sides.
(6) Signs.
(ii) Monument signs and information signs may only be located within the landscape-planted areas of the lot or lots.
(7) Utilities. All new utility lines which directly service the lot or lots shall be installed underground. If underground service is not available at the time the application is submitted and fees paid for plan check, then provisions should be made for future underground service to the satisfaction of the Bureau of Engineering, if determined necessary by the Department of Water and Power.
(8) Walls and Trash Storage. A solid masonry wall at least six feet in height shall be erected along the lot lines of the lot or lots where the lot or lots abut or are across an alley from any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone, except for that portion of the lot line where an access driveway is required by the City as determined by the Department of Building and Safety. Trash storage bins shall be located within a gated enclosure constructed of solid masonry and finished to match the exterior wall materials of the main building.
(i) Landscaping – Setback. A landscaped, planted area having a minimum width of five feet shall be required along all street frontages of the lot or lots, except for that portion of the lot line where an access driveway is required by the City as determined by the Department of Building and Safety, and on the perimeters of all parking areas of the lot or lots that abut a residential zone or use.
(ii) Irrigation System. An automatic irrigation system shall be provided for all landscaped, planted areas. The system shall be installed and operational prior to the issuance of any certificate of occupancy.
(10) Lighting. All exterior and flood lighting shall be directed onto the lot or lots and shall be designed to eliminate any glare to adjoining properties.
(b) Operating Conditions.
(1) Spray painting shall not be conducted.
(2) Junkyard or automobile dismantling activities shall not be conducted.
(3) Public address system shall not be permitted.
(4) Site cleaning, sweeping, trash collection, and deliveries to the site shall be limited to the following hours: Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday and Sunday 8:00 a.m. to 5:00 p.m. Notwithstanding the above, trash collection shall not be allowed on Sundays or legal holidays.
(5) Hours of operation shall be limited to: Monday through Friday, 7:00 a.m. to 7:00 p.m.; Saturday, 9:00 a.m. to 8:00 p.m.; and Sunday, 11:00 a.m. to 8:00 p.m.
(6) All loading, including those of vehicles, shall occur on-site.
(7) Vehicles being repaired shall be stored on-site. Any off-site parking shall comply with Section 12.21 A.6. of this Code.
(8) Accessory sales activities shall not occur outside a fully enclosed building.
(9) Trailers and/or temporary modular buildings shall not be permitted as a work area.
(10) Arcades or game machines shall not be permitted.
(11) Temporary canopy tents shall not be permitted when the tents are visible from the street.
(12) The site where the automotive use is located shall be kept clear of weeds, rubbish, and all types of litter and combustible materials at all times. One trash receptacles shall be located for every 200 square feet of open space and shall be uniformly distributed throughout the open areas of the site.
(13) Any automotive laundry or wash rack, in which power driven or steam cleaning machinery is used, shall maintain noise levels below the levels provided in Table II of Section 111.03 of this Code. The comparison between the noise emanating from the automotive laundry or wash rack and from Table II shall be made in the manner set forth in Section 111.02(a) of this Code.
(14) Any automotive sound shop or automotive alarm shop shall be wholly conducted within a fully enclosed building. No portion of the building or its associated parking area shall be within 50 feet of any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, A or R zoned lot.
(15) All operational conditions imposed by the Department of Building and Safety in its annual inspections of automotive repair and used vehicle sales area pursuant to Section 12.26 I. of this Code shall be followed.
(16) On-site pennants, banners, ribbons, streamers, spinners, balloons and supergraphic signs are prohibited.
(17) All windows and glass doors shall be maintained free of any signs.
(18) Covenant. Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of Planning, acknowledging that the owner shall implement each of the conditions set forth in this paragraph, and shall not permit the establishment of any uses enumerated in Section 12.24 W.4. of this Code without first obtaining a conditional use approval. The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners. The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.
(c) Existing Building Changed to Automotive Use and/or an Existing Automotive Use Being Expanded or Remodeled. An existing building or buildings may be converted or an existing automotive use may be expanded without first obtaining a conditional use approval if all of the following requirements are met:
(1) All alterations result in no more than a 20 percent increase in the existing floor area of all of the buildings on a lot or lots cumulatively over the previous five years.
(2) The proposed automotive use complies with all the conditions of operation of Paragraph (b) above.
(3) Any reuse of an existing structure that is required to go through a CUP process shall have all standards established by the Zoning Administrator.
(d) Specific Plan Compliance. Notwithstanding any other provision of this Code to the contrary, if the Director determines that the provisions of this subdivision conflict with those of an adopted Specific Plan, pedestrian oriented, commercial and artcraft, community design overlay, historic preservation overlay or transit-oriented district, area or zone, then the provisions of that Specific Plan, district, area or zone shall prevail.
29. Floor Area Bonus for the Greater Downtown Housing Incentive Area. (Added by Ord. No. 179,076, Eff. 9/23/07.)
(a) Definitions.
Area Median Income (AMI) - the median income in the Los Angeles County as determined annually by the United States Department of Housing and Urban Development (HUD), or any successor agency, adjusted for household size.
Floor Area Bonus - an increase in floor area greater than the otherwise maximum allowable floor area, as set forth in Section 12.21.1 of the Code.
Income, Very Low, Low or Moderate - annual income of a household that does not exceed amounts designated for each income category as determined by HUD, or any successor agency.
Income, Workforce - the annual income of a household that does not exceed 150% of the Area Median Income as determined by HUD, or any successor agency.
Restricted Affordable Unit - a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Very Low, Low, Moderate or Workforce Income households, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(b) Eligibility for Floor Area Bonus. A residential (including Apartment Hotel and mixed-use) building in the Greater Downtown Housing Incentive Area containing the requisite number of Restricted Affordable Units as determined by the Department of City Planning and as set forth in Subparagraphs (1), (2) and (3) below shall be granted the following incentives in accordance with Paragraph (c) below:
(1) 5% of the total number of dwelling units shall be provided for Very Low Income households; and
(2) One of the following shall be provided:
(i) 10% of the total number of dwelling units for Low Income households; or
(ii) 15% of the total number of dwelling units for Moderate Income households; or
(iii) 20% of the total number of dwelling units for Workforce Income households.
(3) Any dwelling unit or guest room occupied by a household earning less than 50% of the Area Median Income that is demolished or otherwise eliminated shall be replaced on a one-for-one basis within the Community Plan Area in which it is located.
(4) Fractional Units. In calculating Restricted Affordable Units, any number resulting in a fraction shall be rounded up to the next whole number.
(c) Incentives.
(1) A 35% increase in total floor area. In computing the total floor area of a residential building or residential portion of a building, any public area accessible to all residents, including public common areas that serve both residential and commercial uses, and any unenclosed architectural features and areas of a building shall not be considered part of the total floor area of a residential or residential portion of a building. The floor area shall be measured to the center line of partitions separating public and non-public common areas.
(2) The open space required by Section 12.21 G. of this chapter shall be reduced by one-half, provided that a fee equivalent to the amount of the relevant park fee, pursuant to Section 19.17, shall be paid for all dwelling units, with the following exception: units qualifying under Section 12.33 C.3.(d) shall be allowed to reduce the open space requirement by one- half without payment of such fee. The in-lieu fee shall be placed in a trust fund with the Department of Recreation and Parks for the purpose of acquisition, development and maintenance of open space and/or streetscape amenities within the Greater Downtown Housing Incentive Area, and within the Community Plan Area in which the project is located. The in-lieu fee is independent of any required park and recreation impact fee. (Amended by Ord. No. 184,505, Eff. 1/11/17.)
(3) No parking space shall be required for dwelling units or guest rooms dedicated to or set-aside for households that earn less than 50% of the Area Median Income as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) No more than one parking space (including spaces allocated for guest parking) shall be required for each dwelling unit.
(d) Covenant. Prior to issuance of a building permit to create a residential or mixed- use building or an Apartment Hotel, the following shall apply:
(1) For any project qualifying for a Floor Area Bonus that contains rental housing for Low, Very Low, Moderate or Workforce Income households, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for at least 30 years from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(2) For any project qualifying for a Floor Area Bonus that contains for-sale housing for Moderate or Workforce Income households, a covenant acceptable to the Los Angeles Housing Department and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
30. Downtown Design Guide. (Added by Ord. No. 181,557, Eff. 3/15/11.)
(a) Purpose. The purpose of this Subdivision is to implement the standards and guidelines in the Downtown Design Guide (the “Design Guide”), adopted by the City Planning Commission and incorporated as part of the Central City Community Plan, an element of the General Plan of the City of Los Angeles. Given the importance of Downtown Los Angeles as the civic, cultural, institutional, governmental, social and economic center of the region, the urban form is critical to its continued vitality and economic viability and the preservation and enhancement of its historic fabric. The Downtown Design Guide regulates projects that have the potential to affect the urban form, pedestrian orientation and street-level activity, and its implementation will ensure a quality built environment.
(b) Definition of Project. (Amended by Ord. No. 186,325, Eff. 11/11/19.) For the purposes of this Subdivision, a Project is the construction, erection, addition to or alteration, of any building or structure, or a use of land or change of use on a lot located in whole or in part within the Downtown Design Guide Project Area, as defined in Section 12.03 and shown on the adopted ordinance map, which requires the issuance of a grading permit, foundation permit, building permit, sign permit or use of land permit.
A Project does not include any of the following: (1) demolition; (2) adaptive reuse of an existing building which conforms to Section 12.22 A.26. of this Code; (3) remodeling of designated historic resources; (4) alterations of or additions to any existing building or structure in which the aggregate value of the work, in any one 24-month period, is less than 50% of the Building or Structure’s replacement value before the alterations or additions, as determined by the Department of Building and Safety; and (5) interior remodeling of any other existing Building, unless the interior alterations are to the ground floor and will result in the alteration of windows, display windows, entrances, storefronts or otherwise minimize ground floor transparency.
(c) Downtown Design Guide. Every project within the Project Area must comply with the Downtown Design Guide standards and guidelines. The Director shall have the authority to review projects for compliance with the Downtown Design Guide prior to the issuance of a building permit in the Project Area.
(1) Exception. Projects conforming to the Downtown Design Guide shall be exempt from the mini-shopping center and commercial corner development regulations set forth in Section 12.22
A.23. of this Code.
(d) Administrative Clearance - Authority of the Director for Sign Off.
(1) Application, Form and Contents. To apply for an Administrative Clearance, an 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 and any additional submission requirements. The Director shall determine if the application qualifies for Administrative Clearance and whether the Project complies with all applicable District regulations.
(2) Application Fees. The application fee for an Administrative Clearance shall be as set forth in Section 19.01 E. or 19.01 I. of this Code. The fee in Section 19.01 E. shall be charged for administrative clearance of new construction permits only. The fee in Section 19.01 I. shall be charged for all other building permit sign-offs.
(3) Procedures. Pursuant to Sec. 13B.3.1. (Administrative Review) of Chapter 1A
of this Code, applicants for Projects that comply with the provisions of the Downtown Design Guide shall submit plans to the Director for conformance review and administrative sign off. The Director or the Director’s designee shall review the Project for compliance with the standards and guidelines in the Downtown Design Guide. Projects that fail to demonstrate compliance with the Downtown Design Guide shall follow relief procedures set forth below. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(e) Adjustment – Authority of the Director with Appeals to the Area Planning Commission. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) If an application fails to conform to the provisions of the Downtown Design Guide, the Director or the Director’s designee shall have initial decision-making authority to grant an Adjustment in accordance with Sec. 13B.4.4. (Project Adjustment) of Chapter 1A
of this Code.
(1) Limitations. Despite the applicability provisions of Sec. 13B.4.4. (Project Adjustment) of Chapter 1A
of this Code, an Adjustment shall be limited to deviations from regulations which do not substantially alter the execution or intent of those regulations as applicable to a proposed Project.
(2) Findings. Despite the Finding requirements of Sec. 13B.4.4. (Project Adjustment) of Chapter 1A
of this Code, in order to approve a proposed project pursuant to this subsection, the Director must find that:
(i) There are special circumstances applicable to the project or project site which make the strict application of the Design Guide regulations impractical;
(ii) In granting the adjustment, the Director has imposed project requirements and/or decided that the proposed project will substantially comply with the purpose and intent of all Design Guide regulations;
(iii) In granting the adjustment, the Director has considered and found no detrimental effects of the adjustment on surrounding properties and public rights-of-way;
(iv) The project incorporates mitigation measures, monitoring of measures when necessary, or alternatives identified in the environmental review which would mitigate the negative environmental effects of the project, to the extent physically feasible; and
(v) The project is compatible with the neighborhood character of the surrounding district.
31. Transit Oriented Communities Affordable Housing Incentive Program. (Initiative Ordinance 184,745, adopted by the voters on 11/8/16.)
(a) Application of TOC Affordable Housing Incentive Program. This Transit Oriented Communities Affordable Housing Incentive Program, and the provisions contained in the TOC Affordable Housing Incentive Program Guidelines, shall apply to all Housing Developments that are located within a one-half mile radius of a Major Transit Stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code. Each one-half mile radius around a Major Transit Stop shall constitute a unique Transit Oriented Communities Affordable Housing Incentive Area.
(b) Preparation and Content of TOC Incentive Guidelines. Within 90 days of enactment of this Ordinance, the Director of Planning shall prepare TOC Affordable Housing Incentive Program Guidelines (“TOC Guidelines”) that provide the eligibility standards, incentives, and other necessary components of this TOC Incentive Program described herein. Nothing in the TOC Guidelines shall restrict any right authorized in the underlying zone or height district. The TOC Guidelines shall be drafted consistent with the purposes of this Subdivision and shall include the following:
(1) Eligibility for TOC Incentives. A Housing Development located within a TOC Affordable Housing Incentive Area shall be eligible for TOC Incentives if it provides minimum required percentages of On-Site Restricted Affordable Units, meets any applicable replacement requirements of California Government Code Section 65915(c)(3), and is not seeking and receiving a density or development bonus under the provisions of California Government Code Section 65915 or any other State or local program that provides development bonuses. Minimum required percentages of On-Site Restricted Affordable Units shall be determined by the Department of City Planning and set forth in the TOC Guidelines at rates that meet or exceed 11% of the total number of dwelling units affordable to Very Low income households; or 20% of the total number of dwelling units affordable to Lower Income households. The Department of City Planning shall also establish an option for a Developer to qualify for the TOC Incentives by providing a minimum percentage of units for Extremely Low Income Households, which shall be set at no less than 7%. In calculating the required Restricted Affordable Units, the percentage shall be based on the total final project unit count, and any number resulting in a fraction shall be rounded up to the next whole number. In creating the TOC Guidelines, the Department of City Planning shall identify incentives for projects that adhere to the labor standards required in Section 5 of this Ordinance provided, that no such incentives will be created that have the effect of undermining the affordable housing incentives contained herein or in Government Code Section 65915.
(2) TOC Incentives. An Eligible Housing Development shall be granted TOC Incentives, as determined by the Department of City Planning consistent with the following:
(i) Residential Density increase. An Eligible Housing Development shall be granted increased residential density at rates that shall meet or exceed a 35% increase. In establishing the density allowances, the Department of City Planning may allow adjustments to minimum square feet per dwelling unit, floor area ratio, or both, and may allow different levels of density increase depending on the Project’s base zone and density.
(ii) Parking. An Eligible Housing Development shall be granted parking reductions consistent with California Government Code Section 65915(p).
(iii) Incentives and Con- cessions. An Eligible Housing Development may be granted up to either two or three incentives or concessions based upon the requirements set forth in California Government Code Section 65915(d)(2).
(c) Approval of TOC Guidelines and Incentives. The City Planning Commission shall review the TOC Guidelines and shall by vote make a recommendation to adopt or reject the TOC Guidelines.
(d) Process for Changing TOC Incentives and Eligibility. The TOC Incentives and the required percentages for On-Site Restricted Affordable Units may be adjusted for an individual TOC Affordable Housing Incentive Area through a Community Plan update, Transit Neighborhood Plan, or Specific Plan, provided that the required percentages for On-Site Restricted Affordable Units may not be reduced below the percentages set forth in subdivision (b).
(e) Procedures. Application for the TOC Incentives shall be made on a form provided by the Department of City Planning, and shall follow the procedures outlined in Los Angeles Municipal Code Section 12.22 A.25.(g).
(f) Covenant. Prior to issuance of a building permit to create a Housing Development, the following shall apply:
(1) For any Housing Development qualifying for a TOC Incentive that contains rental housing for Extremely Low, Very Low, or Lower Income households, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for 55 years or longer. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(2) For any Housing Development qualifying for a TOC Incentive that contains for-sale housing, a covenant acceptable to the Los Angeles Housing Department and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
(g) Definitions.
“Eligible Housing Development” shall mean a Housing Development that includes On-Site Restricted Affordable Units at a rate that meets or exceeds the minimum requirements to satisfy the TOC Incentives, as determined by the Department of City Planning and as set forth in paragraph (b)(1) above.
“Extremely Low-Income Households” is defined in Section 50106 of the Health and Safety Code.
“Housing Development” shall mean the construction of five or more new residential dwellings units, the addition of five or more residential dwelling units to an existing building or buildings, the remodeling of a building or buildings containing five or more residential dwelling units, or a mixed use development containing residential dwelling units.
“Lower Income Households” is defined in Section 50079.5 of the Health and Safety Code.
“On-Site Restricted Unit” shall mean a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Extremely Low, Very Low, or Lower income households, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
“Very Low-Income Households” is defined in Section 50105 of the Health and Safety Code.
32. Home-Sharing. (Added by Ord. No. 185,931, Eff. 7/1/19.) In all zones wherein residential uses are permitted by right, the following shall apply:
(a) Purpose. The purpose of this subdivision is to allow for the efficient use and sharing of a residential structure which is a Host’s Primary Residence, without detracting from the surrounding residential character or the City’s available housing stock.
(b) Definitions. The following definitions shall apply to this subdivision:
(1) Administrative Guidelines. The Department of City Planning or Office of Finance may promulgate regulations, which may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, enforcement procedures, and disclosure requirements, to implement the provisions, and consistent with the intent, of this subdivision.
(2) Booking Service. Any reservation and/or payment service provided by a Person that facilitates a Short-Term Rental transaction between a Person and a prospective guest or Transient user, and for which the Person collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment of services provided for the transaction.
(3) Citation. Includes any enforcement citation, order, ticket or similar notice of violation, relating to the condition of or activities at a Person’s Primary Residence or property, issued by the Los Angeles Department of Building and Safety, Los Angeles Housing Department, Los Angeles Police Department or Los Angeles Fire Department, including an Administrative Citation issued pursuant to Article 1.2 of the Los Angeles Municipal Code. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) Extended Home-Sharing. Home-Sharing that is permitted for an unlimited number of days in a calendar year.
(5) Hosting Platform. A Person that participates in Short-Term Rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a Booking Service transaction using any medium of facilitation.
(6) Host. An individual who is registered for Home-Sharing as the term is defined in Section 12.03 of this Code.
(8) Platform Agreement. A signed agreement between a Home-Sharing Hosting Platform (Platform) and the City, which, among other things, provides that the Platform will collect and submit the Transient Occupancy Tax to the City on behalf of Hosts and Persons listed for Short Term Rentals.
(9) Primary Residence. The sole residence from which the Host conducts Home-Sharing and in which the Host resides for more than 6 months of the calendar year.
(10) Rental Unit. A Dwelling Unit, Guest Room, Accessory Living Quarters, other residential structure, or portion thereof.
(11) Short-Term Rental. A Rental Unit, rented in whole or in part, to any Person(s) for transient use of 30 consecutive days or less. Rental Units within City- approved Hotels, motels, Transient Occupancy Residential Structures and Bed and Breakfasts shall not be considered a Short-Term Rental.
(c) Home-Sharing Registration.
(1) Application. To register for Home-Sharing, an applicant shall file an application with the Department of City Planning in a manner provided by the Department, and shall include: information needed to verify the Host’s identification and Primary Residence; identification of a local responsible contact person; a list of all Hosting Platforms to be used; whether Home-Sharing is for an entire Rental Unit or a portion thereof; and any other information required by the instructions on the application and/or by the guidelines promulgated by the Director of Planning. Payment of any filing fee required under Section 19.01 E. shall be included with the application. If the required information for registration, including any filing fee, is not received within 45 days of submittal of the application, the Home-Sharing registration will be considered withdrawn.
(2) Eligibility Requirements. The following requirements must be met at the time of submitting an application for Home- Sharing registration:
(i) The applicant has obtained a Transient Occupancy Registration Certificate from the Office of Finance pursuant to Section 21.7.6 of this Code, unless the applicant exclusively lists the applicant’s Primary Residence on Hosting Platforms that have a Platform Agreement with the City of Los Angeles.
(ii) The proposed Home- Sharing is consistent with the provisions of this subdivision and is limited to the Host's Primary Residence.
a. A renter or lessee shall not engage in Home- Sharing without prior written approval of the landlord. A renter or lessee shall provide copies of the landlord's written approval to the City at the time of filing the application for registration. A landlord may proactively prohibit Home- Sharing by tenants at any or all of the owner’s properties by submitting a notification in writing to the Department of City Planning.
b. A Primary Residence that is subject to affordable housing covenants, and/or Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”), and/or are income-restricted under City, state or federal law, is not eligible for Home-Sharing.
c. No Primary Residence which is the subject of any pending Citation may be registered for Home-Sharing.
d. No Person may apply for or obtain more than one Home-Sharing registration or otherwise operate more than one Home-Sharing Rental Unit at a time in the City of Los Angeles.
(3) Expiration and Renewal. A Home-Sharing registration is valid for one year from the date of issuance. It may not be transferred or assigned and is valid only at the Host’s Primary Residence. A Home- Sharing registration may be renewed annually if the Host: (1) pays the renewal fee; (2) has complied with the provisions of this subdivision for the past year; (3) provides information concerning any changes to the previous application for, or renewal of, the Home-Sharing registration; and (4) submits Home-Sharing records described in Subparagraph (e)(2) for the last year to demonstrate compliance with this subdivision, unless the Host lists exclusively on a Hosting Platform with a Platform Agreement that includes a provision for pass-through registration for applicants for a Home-Sharing registration. The records described in Subparagraph (e)(2) shall be made public to the extent required by law.
(4) Suspensions and Revocations. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Notwithstanding any other provision of this Code to the contrary, the Director may require the suspension, modification, discontinuance or revocation of any Home-Sharing registration if it is found that the Host has violated this subdivision or any other city, state, or federal regulation, ordinance or statute.
(i) Suspension. If a Host receives two Citations, the Host’s Home-Sharing registration shall be suspended for 30 days or as long as at least one Citation is open, whichever is longer. The suspension shall become effective 15 days after the mailing of a Notice of Intent to Suspend the Host. If a Host initiates an appeal of either Citation, the suspension will take effect only if the appeal is not resolved entirely in the Host’s favor.
a. A Host may challenge a Citation by submitting an appeal to the City department that issued the Citation and providing notice to the Department of Planning as described in the Administrative Guidelines.
b. Where no process is described in the Citation, a Host may challenge a Citation by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-Compliance) of Chapter 1A of this Code, with no further appeal to a Commission or City Council.
(ii) Revocation. If three Citations have been issued to the Host and have been sustained (after exhaustion of any related remedies, including appeals) within a registration year, the Host’s Home-Sharing registration shall be revoked. The revocation of a Host’s Home-Sharing registration shall become effective 15 days after the mailing of a Notice of Intent to Revoke to the Host.
a. A Host may challenge a Notice of Intent to Revoke by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-Compliance) of Chapter 1A of this Code, with no further appeal to a Commission or City Council.
b. Pursuant to the revocation, the Host shall be prohibited from participating in Home-Sharing for one year from the effective date of the Notice of Intent to Revoke.
(iii) Modification. The Director may modify, discontinue or revoke any Home-Sharing registration based upon an order to show cause, pursuant to Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A
of this Code, why any proposed modifications, discontinuances or revocations of any Home-Sharing registration should not be issued. The Director shall provide notice to the Host and/or recorded owner and lessee(s) of the Host’s Primary Residence to appear at a public hearing at a time and place fixed by the Director to respond to the Director’s order to show cause.
(d) Prohibitions.
(1) No Person shall offer, advertise, book, facilitate or engage in Home Sharing or Short-Term Rental activity in a manner that does not comply with this subdivision.
(2) A Host may not participate in Home-Sharing unless all advertisements clearly list the City-issued Home Sharing registration number or pending registration status number.
(3) No Host shall engage in Home- Sharing for more than 120 days in any calendar year unless the City has issued the Host an Extended Home-Sharing registration pursuant to Paragraph (h).
(4) Accessory Dwelling Units for which a complete building permit application was submitted on or after January 1, 2017, to the Department of Building and Safety pursuant to Section 12.26 A.3. may not be used for Home- Sharing, unless an applicant demonstrates the Accessory Dwelling Unit is the applicant’s Primary Residence.
(5) No Host shall offer, advertise, or engage in Home-Sharing in a non- Residential Building, including but not limited to, a vehicle parked on the property, a storage shed, trailer or any temporary structure, including, but not limited to, a tent.
(6) If a Host lists a Primary Residence on multiple listings on multiple Hosting Platforms, only one listing may be booked at any given time.
(7) A Host may not rent all or a portion of the Host’s Primary Residence for the purposes of Home-Sharing to more than one group of guests or under more than one booking, at any given time.
(8) Home Sharing is not permitted in buildings that have been converted from units subject to Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”) to single family homes until five years after the date of conversion.
(9) Except for allowable Home Occupations, non-residential uses including, but not limited to, sales or exchange of products, events that charge a fee, or the promotion, display or servicing of any product shall not be permitted during Home-Sharing activity.
(10) A Host shall only advertise on a Hosting Platform that was listed on the Host’s Home-Sharing application form, unless the Host has submitted a written request and received written approval from the Department of City Planning to use another Hosting Platform.
(11) No more than 2 overnight guests (not including children) are allowed per habitable room, not including kitchens, during Home-Sharing activities.
(12) There shall be no use of sound amplifying equipment, as that term is defined in Section 111.01(j) of this Code after 10:00 p.m. and no evening outdoor congregations of more than 8 people (excluding children) during Home-Sharing activities. Home-Sharing activities are subject to the noise regulations in the Los Angeles Municipal Code.
(13) A Host whose Home-Sharing registration has been suspended is prohibited from participating in Home- Sharing for the duration of the suspension.
(14) A Host whose Home-Sharing registration has been revoked may not participate in Home-Sharing unless and until a new registration is authorized.
(e) Host Requirements.
(1) A Host may be responsible for any nuisance violations, as described in Sec. 13B.6.2. (Nuisance Abatement / Revocation) of Chapter 1A
of this Code, arising at the Host’s Primary Residence during Home-Sharing activities. The Host, or owner of the Host’s Primary Residence if the Host does not own it, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(2) The Host shall keep and preserve, for a minimum period of three years, all records regarding each Home- Sharing stay, including the length of stay and the price paid for each stay, and any other records required by Administrative Guidelines promulgated by the Director.
(3) On the Home-Sharing registration application, a Host shall acknowledge and consent to Office of Finance and other City agencies’ inspection of records at all reasonable times and places for purposes of enforcement of this Subdivision.
(4) The Host shall fully comply with all the requirements of Article 1.7 of the Los Angeles Municipal Code (establishing the Transient Occupancy Tax) and successor Sections.
(5) The Host shall pay a per-night fee for each night of Home-Sharing, which will be deposited into the Short Term Rental Enforcement Fund per the requirements in Section 5.576 of the Los Angeles Administrative Code. The City Council shall adopt, by resolution, a per-night fee based on an analysis of the cost of implementing, maintaining, and enforcing this subdivision.
(6) Every Host shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life and safety codes; information related to emergency exit routes on the property and contact information, including the contact information of the Host or a designated responsible agent of the Host.
(7) Every Host that lists a Primary Residence located in a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 shall include in all Host listings and post written notices on any patio or deck that smoking is not permitted in any exterior of the property.
(8) Every Host shall provide a code of conduct to guests that includes the relevant provisions of this Subdivision and other information to address behavioral, safety, security, and other matters, as required in the Department’s Administrative Guidelines.
(9) Every Host shall authorize any Hosting Platform on which the Host’s Primary Residence is listed to provide to the City the Host listing and other information described in Subsection (f)(4).
(10) Every Host must consent to receive all City notices and citations regarding their Home-Sharing registration by U.S. mail.
(f) Hosting Platform Responsibilities.
(1) Hosting Platforms shall not process or complete any Booking Service transaction for any Person unless the Person has a valid Home-Sharing registration number issued by the City or a pending registration status number.
(2) Hosting Platforms shall not process or complete any Booking Service transaction for any Host listing that has exceeded the authorized 120-day limit in one calendar year unless the Host has obtained an Extended Home-Sharing approval.
(3) Within 45 days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the Department of City Planning contact information for an employee or representative responsible for responding to requests for information, including requests related to possible violations of this Subdivision. Hosting Platforms that commence listings in the City after the effective date must provide this information prior to facilitating Home-Sharing activity or providing Booking Services within the City.
(4) Subject to applicable laws, a Hosting Platform with listings in the City shall provide to the Department of City Planning, on at least a monthly basis, in a format as specified by the City, the Home- Sharing registration number of each listing, the name of the person responsible for each listing, the street address of each listing and, for each booking that occurs within the reporting period, the number of days booked.
(5) In the event a Hosting Platform has entered into an agreement with the Office of Finance to collect and remit Transient Occupancy Tax pursuant to Los Angeles Municipal Code Section 21.7.1 et seq., and a Host has assigned the responsibilities for the collection and remittance of the Transient Occupancy Tax to the Hosting Platform, then the Hosting Platform and the Host shall have the same duties and liabilities, including but not limited to the collection and remittance of the tax to the City on a monthly basis.
(6) Exception. The provisions of this paragraph shall not apply to a Hosting Platform whenever it (a) complies with the Administrative Guidelines, issued by DCP and approved by resolution of the City Council, that describe how the Platform shall satisfy the Hosting Platform responsibilities in this paragraph, or (b) enters into a Platform Agreement, the terms of which shall be set forth in a master Platform Agreement approved by the City Council, that establishes the manner in which the Hosting Platform supports the City’s enforcement of this subdivision and meets the purposes of the Platform responsibilities in this paragraph. Each individual Platform Agreement shall be approved by the City Council.
(g) Enforcement of Violations.
(1) The provisions in this Subsection shall be in addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this Subdivision.
(2) Any Person who has failed to comply with the provisions of this Subdivision may be subject to the provisions of Section 11.00 of this Code. The owner and/or operator of any property used for Short Term Rentals, including the Host or owner of any Host Primary Residence, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection.
(3) The Director may, at any time, require the modification, discontinuance, or revocation of any Home-Sharing registration in the manner prescribed in Subparagraph (c)(4).
(4) The ACE program in Article 1.2 of this Chapter may be utilized to issue administrative citations and impose fines pursuant to this Subdivision. The citation shall be served by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the operator of the Short Term Rental, the Host, and/or the property owner, if different than the operator or Host, shown on the County’s last equalized property tax assessment roll. Fines for violations of this subdivision shall be as follows:
(i) Hosting Platform: a $1,000 fine per day shall be imposed for any of the following violations:
a. Completing a Booking Service transaction for each listing without a valid City Home-Sharing registration number or pending registration status number.
b. Completing a Booking Service transaction for each listing where more than one property is affiliated with a single Host, or each listing where the Host’s home address does not match the listing location.
c. Completing a Booking Service transaction for any listing for a Rental Unit where the Host’s Home-Sharing or Extended Home-Sharing registration has been revoked or suspended by the City.
d. Completing a Booking Service transaction for any Rental Unit lacking Extended Home-Sharing approval that has exceeded the authorized 120-day limit for hosting Short-Term Rentals in one calendar year.
(ii) Owner of Primary Residence and/or Host and/or Person:
a. A daily fine of $500, or two times the nightly rate charged, whichever is greater, for advertising a Rental Unit for the purposes of Short-Term Rental in violation of this Subdivision.
b. A daily fine of $2,000, or two times the nightly Rent charged, whichever is greater, for each day of Home- Sharing activity beyond the 120 day limit in a calendar year, unless the Host has a valid Extended Home-Sharing Registration.
c. For all other violations of this subdivision, the administrative fine shall be levied according to the amounts described in Section 11.2.04(a)(2) of this Code. The square footage for the use in calculating the fine shall be the amount of indoor space to which the Transient guest has access. If the square footage is unable to be ascertained, it shall be deemed to be between 500 and 2,499 square feet.
(iii) The fine amounts listed above shall be updated annually, from the date of effective date of this ordinance, according to the Consumer Price Index for All Urban Consumers (CPI-U).
(h) Extended Home-Sharing. For Hosts who participate in Extended Home-Sharing, the following shall apply:
(1) Application and Eligibility Requirements.
(i) Ministerial Approval. Extended Home-Sharing may be approved by the Director if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are met:
a. The Host maintains a current Home-Sharing registration and has maintained a Home-Sharing registration for at least six months or has hosted for at least 60 days based on substantial evidence provided by the Host or Hosting Platform;
b. No more than one Citation was issued within the prior three years; and
c. The Host provides proof of mailing of a notification concerning commencement of Extended Home-Sharing, which includes a Director-issued publication outlining the complaint process, to adjacent and abutting owners and occupants on a form provided by the Department.
(ii) Discretionary Approval. A discretionary review of an Extended Home-Sharing application is required if the Host complies with Subparagraph (h)(1)(i)a., but two Citations have been issued within the prior three years.
a. If the Director finds that the matter may have a significant effect on neighboring properties, the Director may set the matter for public hearing. Written notice of the hearing shall be sent by First Class Mail at least 21 days prior to the hearing to the applicant, owners and tenants of the property involved, owners and tenants of all properties adjacent and abutting the proposed Extended Home-Sharing activity, the City Councilmember representing the area in which the property is located, and the applicable Neighborhood Council. If the Director determines that the matter will not have a significant effect on neighboring properties, no hearing shall be held.
b. The Extended Home- Sharing application may only be approved if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are met, to the satisfaction of the Director of Planning:
1. The Host provides proof of mailing of a notification, which includes a Director-issued publication outlining the complaint process, to adjacent and abutting owners and occupants on a form provided by the Department;
2. In consideration of any comments received by the public on the application, the Director finds the use is in substantial conformance with the following findings:
A. That the Extended Home-Sharing will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region;
B. That the Extended Home-Sharing operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, the availability of housing, or the public health, welfare, and safety;
C. That the Extended Home-Sharing substantially conforms with the purpose, intent, and provisions of the General Plan, the applicable community plan, and any applicable specific plan; and
D. That there is no substantial evidence of continued nuisance behavior from the location.
c. If no appeal is filed within 15 days from the date of the Director’s determination approving or denying an Extended Home-Sharing application, the Director’s decision is final. An appeal to the Area Planning Commission may be filed by the applicant or any adjacent and abutting owner and occupant. An appeal shall be filed at the public counter of the Planning Department within 15 days of the date of the Director's decision. The appeal shall set forth specifically how the appellant believes the Director’s findings and decision are in error. The Area Planning Commission may grant, conditionally grant or deny the appeal. The failure of the Commission to act upon an appeal within 75 days after the expiration of the appeal period, or within an additional period as may be agreed upon by the applicant and the Director, shall be deemed a denial of the appeal and the original action on the matter shall become final.
(2) Ineligibility. If the Host’s Home-Sharing registration has been suspended or revoked, the Host is not eligible to apply for Extended Home- Sharing for two years from the effective date of the revocation or suspension or as long as a Citation remains open or unresolved, whichever is later.
(3) Expiration and Renewal. An Extended Home-Sharing registration is valid for one year from the date of issuance. An Extended Home-Sharing registration is subject to the same expiration and renewal terms described in Subparagraph (c)(3) and may be renewed annually if the Host meets the same renewal requirements in that subparagraph.
(4) Revocations. An Extended Home Sharing approval shall be revoked if there are two Citations within a registration year in accordance with the process set forth in Paragraph (c)(4). Pursuant to the revocation, the Host shall be prohibited from participating in Home-Sharing for two years from the effective date of the Notice of Revocation or as long as a Citation remains open or unresolved, whichever is later.
(i) Administration and Regulations. No Person shall fail to comply with the Administrative Guidelines.
(j) Effective Date. This ordinance shall take effect on July 1, 2019.
(k) Severability. If any provision of this Subdivision is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Subdivision which can be implemented without the invalidated provisions, and to this end, the invalid provisions of this Subdivision are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
33. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). (Added by Ord. No. 186,481, Eff. 12/19/19.)
(a) Purpose. The purpose of this subdivision is to provide for the creation of ADUs and JADUs consistent with California Government Code Sections 65852.2 and 65852.22, as amended from time to time.
(b) Applicability. The following development standards shall apply:
(1) A detached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (d).
(2) An attached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (e).
(3) A Movable Tiny House (MTH) shall be approved if in compliance with all of the provisions in Paragraph (c), except for those provisions in Paragraph (c) which apply solely to buildings and structures; and all of the provisions in Paragraph (f).
(4) A JADU shall be approved if in compliance with all of the provisions provided in Sections 65852.2(e)(1)(A) and 65852.22 of the Government Code.
(5) An ADU described by Section 65852.2(e)(1)(A) or (C) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code.
(6) An ADU described by Section 65852.2(e)(1)(B) or (D) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the provisions provided in Paragraph (g).
(c) Development Standards.
(1) Comply with all applicable objective provisions required pursuant to Chapter 1 of this Code, including provisions stated in the underlying applicable zone and height district, Specific Plan, Historic Preservation Overlay Zone, Community Planning Implementation Overlay and other applicable zoning ordinances, policies or other documents established pursuant to Chapter 1, Article 3 of this Code. In any instance where there is conflict, this subdivision shall govern. Notwithstanding the prior two sentences and notwithstanding anything to the contrary in this Subdivision 33:
(i) No minimum lot size requirement shall apply to an ADU;
(ii) No minimum square footage requirement for either an attached or detached ADU shall apply that prohibits an efficiency unit;
(iii) No other minimum or maximum size for an ADU, including size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, shall apply for either attached or detached dwellings that does not permit at least an 800 square foot ADU that is at least 16 feet in height with 4-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(2) An ADU which complies with this subdivision shall not require a discretionary planning approval. The ADU project shall be reviewed in a ministerial and administrative manner, limited to only considering the project’s compliance with the applicable objective standards. An application to create an ADU shall be acted upon within 60 days from the date the City receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU until the City acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(3) Except where otherwise prohibited by this subdivision, an ADU is permitted in all zones where residential uses are permitted by right.
(4) No ADU is permitted on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the following exceptions:
(i) The ADU is located within the boundaries of either the Northeast Los Angeles Community Plan Area or the Silver Lake - Echo Park - Elysian Valley Community Plan Area; or
(ii) The ADU complies with all of the following requirements:
a. Notwithstanding Subparagraph (c)(10) below, the ADU is protected throughout with an approved automatic fire sprinkler system, in compliance with the Los Angeles Plumbing Code;
b. Notwithstanding Subparagraph (c)(12) below, one off-street parking space is provided for the ADU; and
c. The ADU is located on a lot fronting on a street that is improved with a roadway width of 20 feet or more in unobstructed width, as measured along the entire frontage of the subject property, after any associated dedication and improvement. In the event the ADU is located on a Through Lot or a Corner Lot, the lot must front on at least one street that is improved with a roadway width of 20 feet or more in unobstructed width after any associated dedication and improvement.
(5) Except as otherwise permitted by this subdivision, only one ADU is permitted per lot.
(6) An ADU may only be created on a lot that contains a proposed or existing dwelling. Other non-residential uses and accessory residential uses may be permitted on the lot, consistent with the uses permitted by the zone.
(7) No passageway for an ADU, nor space between buildings, as per LAMC 12.21 C.2. and LAMC 12.21 C.5.(d), is required in conjunction with the construction of an ADU. Building Code separation requirements still apply.
(8) No additional setbacks shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure, converted to an ADU or portion of an ADU. A setback of no more than 4 feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(9) ADUs are required to comply with all applicable Building and Residential Codes for the proposed use.
(10) ADUs are not required to provide fire sprinklers if they are not required for the primary residence.
(11) ADUs located where a private sewage disposal system is being used, shall require approval by the local health officer.
(12) Parking Requirements:
(i) ADU Parking. One parking space is required for an ADU, except that no parking is required for an ADU that is:
a. Located within one- half mile walking distance of a public transit. For this purpose, public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public; or
b. Located within one block of a designated pick-up and drop-off location of a car share vehicle; or
c. Located in an architecturally and historically significant district listed in or formally determined eligible for listing in the National Register of Historic Places or California Register of Historical Resources or located in any City Historic Preservation Overlay Zone; or
d. Part of the proposed or existing primary residence or an accessory structure.
(ii) ADU Parking Location. ADU parking is allowed in any yard area or passageway. When located in a required front yard, the parking must be located on an existing driveway. Parking may be provided through tandem parking where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Driveway access areas located in the required front yard shall not be expanded to provide required parking. Other objective parking and driveway standards in the LAMC apply, including those found in Sections 12.21 A.5. and 12.21 A.6. However, Section 12.21 A.6.(d) of this Code shall not apply to parking required for an ADU.
(iii) Replacement Parking. No replacement parking shall be required when a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU.
(d) Detached Accessory Dwelling Unit Requirements. Detached ADUs, except those described in Paragraph (f), below, must comply with all provisions of Paragraph (c) and all of the following provisions provided in this Paragraph (d). In addition, Detached ADUs must comply with all applicable provisions of Section 12.21 C.5. that are not in conflict with these Paragraphs (c) and (d).
(1) The Floor Area for a detached ADU shall not exceed 1,200 square feet. Limits on Floor Area on a lot apply separately and may further limit allowable Detached ADU square footage, except as otherwise provided by this Subdivision 33.
(2) Structures containing a detached ADU shall not be greater than two stories.
(3) Detached ADUs shall not be located between a proposed or existing dwelling unit and the street adjoining the front yard, except in the following cases:
(i) Where the ADU is on a Through Lot and complies with LAMC Section 12.21 C.5.(k); or
(ii) Where the ADU is being added to a lawfully existing garage or accessory structure building.
(e) Attached Accessory Dwelling Unit Requirements. Attached ADUs can be either attached to or completely contained within an existing or proposed dwelling, and must comply with all provisions in Paragraph (c) and all of the following provisions in this Paragraph (e):
(1) If there is an existing primary dwelling, the Floor Area of an attached ADU may not exceed 50 percent of the existing primary dwelling.
(2) Limits on Floor Area on a lot apply separately and may further limit allowable attached ADU square footage, except as otherwise provided by this Subdivision 33.
(3) Nothing in this subdivision shall prohibit an attached ADU with a Floor Area of less than 850 square feet, or less than 1,000 square feet for an attached ADU that provides for more than one bedroom.
(f) Requirements for Movable Tiny Houses as Accessory Dwelling Units. A Movable Tiny House must comply with all of the provisions provided in Paragraph (c) except for any provisions in Paragraph (c) which apply solely to buildings and structures; and this Paragraph (f):
(1) Only one Movable Tiny House is allowed to be located on a lot and no lot may be approved for more than one moveable tiny house in a twelve month period.
(2) When sited on a lot, the undercarriage (wheels, axles, tongue and hitch) shall be hidden from view.
(3) The wheels and leveling or support jacks must sit on a paved surface compliant with LAMC 12.21 A.6.(c).
(4) Mechanical equipment shall be incorporated into the structure and not located on the roof.
(5) Movable Tiny Houses shall be connected to water, sewer and electric utilities.
(6) Moveable Tiny Houses are not required to have separate street addresses from the primary dwelling unit.
(7) Movable Tiny Houses are not required to have sprinklers, but shall follow the ANSI A119.5 or NFPA 1192 standards relating to health, fire and life-safety.
(8) Movable Tiny Houses shall have the following design elements:
(i) Cladding and Trim. Materials used on the exterior of a moveable tiny house shall exclude single piece composite, laminates, or interlocked metal sheathing.
(ii) Windows and Doors. Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim. Windows and doors shall not have radius corners.
(iii) Roofing. Roofs shall have a minimum of a 12:2 pitch for greater than 50 percent of the roof area, and shall not be composed of wooden shingles.
(iv) Extensions. All exterior walls and roof of a moveable any tiny house used as an ADU shall be fixed with no slide-outs, tip-outs, nor other forms of mechanically articulating room area extensions.
(9) Movable Tiny Houses shall not be greater than two stories.
(10) Movable Tiny Houses shall not be located between the proposed or existing single-family dwelling unit and the street adjoining the front yard, except where the Movable Tiny House is on a Through Lot and complies with LAMC 12.21 C.5.(k).
(g) Accessory Dwelling Units Otherwise Required By State Law. An application for a building permit shall be approved to create an ADU pursuant to Section 65852.2(e)(1)(B) or (D) of the Government Code within a residential or mixed-use zone, in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the following requirements:
(1) An ADU created pursuant to Section 65852.2(e)(1)(B) of the Government Code shall have a Floor Area of not more than 800 square feet and a height of no more than 16 feet; and
(2) An ADU created pursuant to Section 65852.2(e)(1)(B) or (D) of the Government Code shall not be located on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the exceptions stated in Subparagraph (4) of Paragraph (c) of this subdivision.
(h) General Provisions. The following general provisions apply to all ADUs, JADUs, and lots where any ADU or JADU is located.
(1) In the event where an ADU or JADU would be created as a result of a conversion of an entire existing dwelling unit, any newly constructed dwelling unit located between the ADU or JADU, and the rear lot line, shall not exceed 1,200 square feet.
(2) In cases where additional dwelling units are added to a lot after the creation of the ADU or JADU, an ADU and JADU will be counted towards the overall number of dwelling units as permitted by the zone.
(3) ADUs and JADUs may be rented but shall not be sold separate from the existing or proposed dwelling unit on the same lot. Movable Tiny Houses may be sold when removed from the lot.
(4) Applicants for ministerial approval of a permit application for the creation of an ADU or JADU shall not be required to correct nonconforming zoning conditions. For this purpose, nonconforming zoning condition means a physical improvement on a property that does not conform to current zoning standards.
(5) A certificate of occupancy for an ADU or JADU shall not be issued before a certificate of occupancy for the primary dwelling.
(i) Zoning Administrator Authority. It is the intent of the City to retain all portions of this subdivision regarding ADUs and JADUs not in conflict with state law. The Zoning Administrator shall have authority to clarify, amend or revoke any provision of this subdivision as may be necessary to comply with any state law regarding ADUs or JADUs.
(j) Interpretation Consistent with State Law. This subdivision is not intended to conflict with state law. This subdivision shall be interpreted to be compatible with state enactments.
(k) California Coastal Act. Nothing in this subdivision shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 [Division 20 (commencing with Section 30000) of the Public Resources Code], except that the Department shall not be required to hold public hearings for coastal development permit applications for ADUs or JADUs.
(l) Enforcement. Enforcement of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an ADU described in paragraph (1) or (2) below, upon request of an owner of an ADU, shall be delayed subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The ADU unit was built before January 1, 2020.
(2) The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.
34. Restaurant Beverage Program. (Added by Ord. No. 187,402, Eff. 3/31/22.) In the CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones, the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed administratively without obtaining a conditional use approval as otherwise required by Section 12.21 A.10. of this Code if all of the following requirements and standards are met:
(a) Eligibility Criteria.
(1) The restaurant is located within an area mapped and adopted by City Council Resolution for the Restaurant Beverage Program. The City Council shall have the ability to establish and subsequently modify the area by the adoption of resolutions based on a finding that the establishment or modification is in conformity with public necessity, convenience, general welfare and good zoning practice.
(2) The restaurant shall be maintained as a bona fide eating place with an operational kitchen where food is prepared onsite and with a full menu containing an assortment of foods. Food service is available at all times during operating hours. The restaurant provides seating and dispenses food and refreshments for consumption on the premises and not solely for the purpose of food takeout or delivery.
(3) The restaurant shall operate under a Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.
(4) If the restaurant or property has been the subject of nuisance abatement or revocation, it shall be eligible for the Restaurant Beverage Program upon conclusion of those proceedings only if the proceeding(s) did not result in the revocation of any permit or require any corrective conditions.
(5) The restaurant shall have between a minimum of 10 patron seats and a maximum of 150 patron seats, including any outdoor seating.
Exemption. Outdoor Dining Areas pursuant to 12.21 A.24. shall be exempt from the above outdoor seating limitation. (Added by Ord. No. 188,073, Eff. 1/31/24.)
(6) The restaurant has obtained the necessary approvals to operate any outdoor seating, including but not limited to, revocable permits issued by the Bureau of Engineering, Department of Public Works.
(7) The restaurant is not a Drive- Through Fast Food Establishment, as defined in the LAMC.
(8) The restaurant is not located in a Hotel, as defined in the LAMC.
(10) Daily hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean- up and maintenance.
(11) All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.
(12) Pool tables and billiard tables are prohibited.
(14) There shall be no minimum drink purchase required of patrons.
(15) There shall be no charge for admission.
(16) The restaurant shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
(17) All service of alcoholic beverages shall be conducted by an employee.
(18) The restaurant shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.
(19) No employee, while working, shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
(20) No employee, while working, shall be engaged for the specific purpose of sitting with or otherwise spending time with customers while on the premises.
(21) There shall be no age limitation restricting access to any portion of the restaurant.
(22) The restaurant has a business tax registration certificate issued by the City of Los Angeles.
(b) Development Standards and Operations.
(1) There shall be no shared seating between the restaurant and other restaurants.
(2) The restaurant shall only use fixed bars that are depicted on floor plans. Portable bars are prohibited.
(3) Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to 6 feet above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be fully transparent and ensure the occupants are visible to persons looking into the private dining or banquet room.
(4) For properties abutting or across an alley from an A or R zoned lot:
(i) a wholly enclosed building, at least 8 feet in height above grade and extending at least the full length of the outdoor dining area, shall be located between the outdoor dining area and an A or R zoned lot that may or may not be separated by an alley. This requirement shall not apply to outdoor dining permitted on a public sidewalk by a revocable permit issued by the Bureau of Engineering, Department of Public Works; and
(ii) outdoor seating shall be limited to the ground floor only.
Exemption. Outdoor Dining Areas pursuant to LAMC Section 12.21 A.24. shall be exempt from the above standards. (Added by Ord. No. 188,073, Eff. 1/31/24.)
(5) Outdoor food and beverage service shall be limited to seated patrons.
(6) Live entertainment, karaoke, or disc jockeys on the premises are prohibited.
(7) Television monitors or screens are prohibited in all outdoor areas.
(8) Music or speakers are prohibited in all outdoor areas.
(9) Entertainment in conjunction with the restaurant shall be limited to indoor ambient music at a low volume that is not audible outside of the building.
(10) Any music, sound or noise which is under the control of the restaurant shall comply with Sections 112.06 or 116.01 of the LAMC (citywide noise regulations). A City representative from a department authorized to inspect for compliance with noise regulations may visit the site during operating hours to measure the noise levels. If, upon inspection, it is found that the noise level exceeds the level allowed by the citywide noise regulations, the owner / operator shall be notified and shall be required to modify or eliminate the source of the noise or retain an acoustical engineer to recommend, design, and implement noise control measures within the property, such as noise barriers, sound absorbers, or buffer zones.
(11) A City-issued placard pursuant to this section issued by the Department of City Planning shall be posted by the restaurant in an area clearly visible to the public, indicating that the restaurant is subject to the requirements and restrictions of the Restaurant Beverage Program.
(12) A copy of this ordinance shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.
(13) No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time.
(14) Any portion of the restaurant used for private events shall be subject to all the same development standards and operations, including hours of operation, stated herein.
(15) A telephone number and email address shall be provided for complaints or concerns regarding the operation of the restaurant. The phone number and email address shall be provided on the restaurant’s website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:
(i) Entry, visible to pedestrians; and
(ii) Customer service desk, front desk or near the reception area.
(16) The restaurant shall respond to complaints within 24 hours. The restaurant shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.
(c) Security.
(1) Within the restaurant, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).
(2) All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
(3) A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.
(d) Monitoring.
(1) The restaurant shall maintain the premises and adjoining rights-of-way free of debris and litter.
(2) The restaurant shall monitor both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
(3) The restaurant shall take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. For purposes of this subparagraph, reason- able steps include, but are not limited to:
(i) Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may jeopardize personal safety;
(ii) Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and
(iii) Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.
(4) Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.
(5) All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
(6) Loitering is prohibited in all areas under the control of the restaurant. A “No Loitering or Public Drinking” sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.
(7) An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.
(8) The restaurant shall comply with California Labor Code 6404.5 which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices or hookah pipes, within any enclosed place of employment.
(9) A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
(10) Within the first six months of the Restaurant Beverage Program administrative clearance, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the restaurant shall request the Los Angeles Police Department or California Department of Alcoholic Beverage Control to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for all new hires within three months of their employment.
(e) Administration.
(1) Upon submission of an application for the Restaurant Beverage Program administrative clearance, the applicant shall pay the fees required per LAMC Section 19.04 for: Administrative Clearance – Restaurant Beverage Program; Monitoring Restaurant Beverage Program Compliance; and Inspection and Field Compliance Review of Operations. The applicant must also submit the following with the application:
(i) A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards pursuant to Section 12.22 A.34. of the LAMC;
(ii) A revocable permit from the Bureau of Engineering, Department of Public Works is required for any outdoor dining area located in the public right-of-way. A copy of the approved revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way as permitted by this administrative clearance.
(2) Prior to the administrative clearance, the owner and operator shall execute and record a covenant and agreement acknowledging and agreeing to comply with all the terms and conditions established herein in the County Recorder’s Office. A certified copy bearing the Recorder’s number and date shall be provided to the Department of City Planning. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns.
(i) Within the first 24 months of the administrative clearance, an inspector will conduct a site visit to assess compliance with, or violations of, any of the provisions of Section 12.22 A.34. A second inspection shall take place within 36 months of the first inspection.
(ii) The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective actions taken by the City.
(4) The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the restaurant is located shall be notified at the time an application for the Restaurant Beverage Program, pursuant to LAMC Section 12.22
A.34., is filed. If the restaurant is not within the boundaries of a Neighborhood Council, then notification to only the applicable Council District office shall be sufficient.
(5) If three citations for violating the Restaurant Beverage Program, LAMC Section 12.22
A.34.(a) through (e), are issued to the restaurant in any two-year period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to rely on the exception to Section 12.21 A.10. or Section 12.24 W.1. of the LAMC provided by Section 12.22
A.34. for five years commencing on the date of the third citation.
(i) A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.
(ii) The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.
(6) The owner or the operator of the restaurant shall reapply for the administrative clearance if there is:
(i) a change in State alcohol license type;
(ii) a modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating**; or
(iii) a change in the ownership or the operator of the restaurant.
**Exemption. Modification to the number of seats or outdoor seating for the purposes of Outdoor Dining Areas pursuant to LAMC Section 12.21 A.24. shall not require reapplication. (Added by Ord. No. 188,073, Eff. 1/31/24.)
35. Restaurant Beverage Program – Alcohol Sensitive Use Zone. (Added by Ord. No. 187,402, Eff. 3/31/22.) In the CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones, the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed administratively for one year without obtaining a conditional use approval as otherwise required by Section 12.21 A.10. of this Code if all of the requirements and standards below are met. Upon the completion of the one year provisional period, a review shall be completed and a determination shall be made pursuant to Section 12.22 A.35.(e) if the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed to continue per the administrative clearance.
(a) Eligibility Criteria.
(1) The restaurant is located within an area mapped and adopted by City Council Resolution for the Restaurant Beverage Program – Alcohol Sensitive Use Zone. The City Council shall have the ability to establish and subsequently modify the area by the adoption of resolutions based on a finding that the establishment or modification is in conformity with public necessity, convenience, general welfare, and good zoning practice. The City Council may further determine, by resolution, if restaurants located in an Alcohol Sensitive Use Zone shall be limited to the sale of beer and wine only during the provisional one year period.
(2) Prior to filing the application, the applicant shall conduct outreach by presenting information about the restaurant at one or more Certified Neighborhood Council meetings, Business Improvement District meetings, or other meetings of such established community organization if the restaurant is not within either a Certified Neighborhood Council or Business Improvement District boundary. Presentations shall include a flyer or other summary including the restaurant name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits).
(3) The restaurant shall be maintained as a bona fide eating place with an operational kitchen where food is prepared onsite and with a full menu containing an assortment of foods. Food service is available at all times during operating hours. The restaurant provides seating and dispenses food and refreshments for consumption on the premises and not solely for the purpose of food takeout or delivery.
(4) The restaurant shall operate under a Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.
(5) The restaurant shall operate with gross annual sales of alcohol not in excess of 45 percent of the restaurant’s total sales.
(6) If the restaurant or property has been the subject of nuisance abatement or revocation, it shall be eligible for the Restaurant Beverage Program – Alcohol Sensitive Use Zone upon conclusion of those proceedings only if the proceeding(s) did not result in the revocation of any permit or require any corrective conditions.
(7) The restaurant shall have between a minimum of 10 patron seats and a maximum of 150 patron seats, including any outdoor seating.
(8) The restaurant has obtained the necessary approvals to operate any outdoor seating, including but not limited to revocable permits issued by the Bureau of Engineering, Department of Public Works.
(9) The restaurant is not a Drive- Through Fast Food Establishment, as defined in the LAMC.
(10) The restaurant is not located in a Hotel, as defined in the LAMC.
(12) Daily hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean- up and maintenance.
(13) All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.
(14) Pool tables or billiard tables are prohibited.
(16) There shall be no minimum drink purchase required of patrons.
(17) There shall be no charge for admission.
(18) The restaurant shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
(19) All service of alcoholic beverages shall be conducted by an employee.
(20) The restaurant shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.
(21) No employee, while working, shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
(22) No employee, while working, shall be engaged for the specific purpose of sitting with or otherwise spending time with customers while on the premises.
(23) There shall be no age limitation restricting access to any portion of the restaurant.
(24) The restaurant has a business tax registration certificate issued by the City of Los Angeles.
(b) Development Standards and Operations.
(1) There shall be no shared seating between the restaurant and other restaurants.
(2) The restaurant shall only use fixed bars that are depicted on floor plans. Portable bars are prohibited.
(3) Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to 6 feet above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be fully transparent and ensure the occupants are visible to persons looking into the private dining or banquet room.
(4) For properties abutting or across an alley from an A or R zoned lot:
(i) a wholly enclosed building, at least 8 feet in height above grade and extending at least the full length of the outdoor dining area, shall be located between the outdoor dining area and an A or R zoned lot that may or may not be separated by an alley. This requirement shall not apply to outdoor dining permitted on a public sidewalk by a revocable permit issued by the Bureau of Engineering, Department of Public Works; and
(ii) outdoor seating shall be limited to the ground floor only.
(5) Outdoor food and beverage service shall be limited to seated patrons.
(6) Live entertainment, karaoke, or disc jockeys on the premises are prohibited.
(7) Television monitors or screens are prohibited in all outdoor areas.
(8) Music or speakers are prohibited in all outdoor areas.
(9) Entertainment in conjunction with the restaurant shall be limited to indoor ambient music at a low volume that is not audible outside of the building.
(10) Any music, sound or noise which is under the control of the restaurant shall comply with Sections 112.06 or 116.01 of the LAMC (citywide noise regulations). A City representative from a department authorized to inspect for compliance with noise regulations may visit the site during operating hours to measure the noise levels. If, upon inspection, it is found that the noise level exceeds the level allowed by the citywide noise regulations, the owner/operator shall be notified and shall be required to modify or eliminate the source of the noise or retain an acoustical engineer to recommend, design, and implement noise control measures within the property, such as noise barriers, sound absorbers, or buffer zones.
(11) A City-issued placard pursuant to this section issued by the Department of City Planning shall be posted by the restaurant in an area clearly visible to the public, indicating that the restaurant is subject to the requirements and restrictions of the Restaurant Beverage Program – Alcohol Sensitive Use Zone.
(12) A copy of this ordinance shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.
(13) No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time.
(14) Any portion of the restaurant used for private events shall be subject to all the same development standards and operations, including hours of operation, stated herein.
(15) A telephone number and email address shall be provided for complaints or concerns regarding the operation of the restaurant. The phone number and email address shall be provided on the restaurant’s website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:
(i) Entry, visible to pedestrians; and
(ii) Customer service desk, front desk or near the reception area.
(16) The restaurant shall respond to complaints within 24 hours. The restaurant shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.
(c) Security.
(1) Within the restaurant, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).
(2) All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
(3) A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.
(d) Monitoring.
(1) The restaurant shall maintain the premises and adjoining rights-of-way free of debris and litter.
(2) The restaurant shall monitor both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
(3) The restaurant shall take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. For purposes of this subparagraph, reasonable steps include, but are not limited to:
(i) Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may jeopardize personal safety;
(ii) Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and
(iii) Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.
(4) Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.
(5) All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
(6) Loitering is prohibited in all areas under the control of the restaurant. A “No Loitering or Public Drinking” sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.
(7) An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.
(8) The restaurant shall comply with California Labor Code 6404.5 which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices or hookah pipes, within any enclosed place of employment.
(9) A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
(10) Within the first six months of the Restaurant Beverage Program – Alcohol Sensitive Use Zone administrative clearance, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the restaurant shall request the Los Angeles Police Department or California Department of Alcoholic Beverage Control to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for all new hires within three months of their employment.
(e) Administration.
(1) Upon submission of an application for the Restaurant Beverage Program – Alcohol Sensitive Use Zone administrative clearance, the applicant shall pay the fees required per LAMC Section 19.04 for: Administrative Clearance – Restaurant Beverage Program; Monitoring Restaurant Beverage Program Compliance; and Inspection and Field Compliance Review of Operations. The applicant must also submit the following with the application:
(i) A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards pursuant to Section 12.22 A.35. of the LAMC;
(ii) The flyer or other summary including the restaurant name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits) prepared and presented for outreach purposes pursuant to LAMC Section 12.22 A.35.(a)(2);
(iii) Proof of outreach conducted pursuant to LAMC Section 12.22 A.35.(a)(2) which shall include an official agenda listing the restaurant as intending to apply for the Restaurant Beverage Program – Alcohol Sensitive Use Zone or a letter on organization letterhead attesting to the appearance or presence of the applicant before the Board; and,
(iv) A revocable permit from the Bureau of Engineering, Department of Public Works is required for any outdoor dining area located in the public right-of-way. A copy of the approved revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way as permitted by this provisional administrative clearance.
(2) Prior to the administrative clearance, a Covenant and Agreement, on a form provided by the Department of City Planning, acknowledging and agreeing to comply with all the terms established herein shall be recorded in the County Recorder’s Office. The Covenant and Agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. After recordation, a certified copy bearing the Recorder’s number and date shall be provided to the Department of City Planning.
(i) Within the first 24 months of the administrative clearance, an inspector will conduct a site visit to assess compliance with, or violations of, any of the provisions of Section 12.22 A.35. A second inspection shall take place within 36 months of the first inspection.
(ii) The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective actions taken by the City.
(4) The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the restaurant is located shall be notified at the time an application for the Restaurant Beverage Program – Alcohol Sensitive Use Zone, pursuant to LAMC Section 12.22
A.35., is filed. If the restaurant is not within the boundaries of a Neighborhood Council, then notification to only the applicable Council District office shall be sufficient.
(5) If three citations for violating the Restaurant Beverage Program – Alcohol Sensitive Use Zone, LAMC Section 12.22 A.35.(a) through (e), are issued to the restaurant in any two-year period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to rely on the exception to Section 12.21 A.10. or Section 12.24 W.1. of the LAMC provided by Section 12.22 A.35. of the LAMC for five years commencing on the date of the third citation.
(i) A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.
(ii) The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.
(6) Upon completion of a one year provisional period, which begins the day following issuance of administrative clearance and ends 365 days thereafter, the restaurant’s compliance with provisions for the sale and dispensing of alcoholic beverages, as authorized under Section 12.22 A.35., shall be subject to a review, by the Department of City Planning, of the number of validated complaints received by the City pertaining to Section 12.22 A.35. Validated complaints shall consist of complaints which result in any of the following City enforcement actions:
(i) Orders to Comply issued by the Department of Building and Safety for violations of the provisions of Section 12.22 A.35.; and
(ii) Citations issued by the Los Angeles Police Department for violations of the provisions of Section 12.22 A.35.; and
(iii) Any other City enforcement-related action for violations of the provisions of Section 12.22 A.35.;
(a) In response to complaints submitted by the public through a City complaint portal; or
(b) As a result of City- initiated inspections.
(7) If a restaurant receives five or more valid complaints upon the completion of the one year provisional period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to use Section 12.22 A.35. as an exception to Section 12.21 A.10. of the LAMC. Restaurants that are ineligible under Section 12.22 A.35. and wish to continue the sale or dispensing of alcoholic beverages shall only be permitted pursuant to Section 12.24 W.1.
(8) If a restaurant receives four or fewer valid complaints upon completion of the one year provisional period, the restaurant shall be allowed to continue in the Restaurant Beverage Program – Alcohol Sensitive Use Zone. The restaurant shall continue to be subject to the provisions set forth in Section 12.22 A.35.
(9) The owner or the operator of the restaurant shall reapply for the provisional administrative clearance if there is:
(i) a change in State alcohol license type;
(ii) a modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating; or
(iii) a change in the ownership or the operator of the restaurant.
36. Trucking-Related Uses. (Added by Ord. No. 188,287, Eff. 7/1/24.) Notwithstanding anything to the contrary in Article 2 of this Chapter, within the Geographic Project Area, Trucking-Related Uses shall be prohibited as provided below:
(a) Use Regulations.
(1) Prohibition. This Subdivision prohibits the issuance of all permits and certificates of occupancy associated with the establishment or the expansion of all Trucking-Related Uses as a primary use. This prohibition shall not apply to an Electric Vehicle Charging Facility, Large Vehicle, which complies with the development standards in Subparagraph (2).
(2) Electric Vehicle Charging Facility, Large Vehicle. In the Geographic Project Area, Electric Vehicle Charging Facility, Large Vehicle uses shall be subject to the following development standards:
(i) The use shall not be within 200 feet of a Sensitive Use or within 200 feet of a residential or an agricultural zoned parcel.
(ii) The facility is surrounded by a minimum 3.5-foot-high concrete or masonry wall that has a minimum thickness of 8 inches along any lot line abutting a street. Walls shall not include chain link, barbed wire, or concertina. No wall may be constructed of tires, junk, leaves or other discarded materials.
(iii) A minimum 4-foot landscaped buffer shall be required at the frontage lot line with a minimum of 20 perennial plants including shrubs, vines, succulents, grasses and ferns every 50 feet with a minimum height at maturity of three (3) feet, shall be provided on the exterior side of the frontage wall.
(iv) A minimum of three (3) trees with a minimum 15-gallon container size and a minimum caliper of one inch at the planting (or the standard specified by the American Standard for Nursery Stock) shall be required for every 50 feet of the frontage lot line.
(v) Trees shall be planted on the exterior side of the required frontage wall.
(vi) Design and install of irrigation systems pursuant to Guidelines BB-Irrigation Specification (adopted pursuant to Section 12.41 B.2. of the LAMC).
(b) Expiration. The Ordinance shall expire upon the effective date of the adoption of a comprehensive update to the Wilmington-Harbor City Community Plan or other amendment to the City’s Zoning Ordinance, which regulates Trucking-Related Uses within the Geographic Project Area.
(c) Definitions. The following terms and phrases shall be used to construe, and be limited to only construing, this Subdivision A.36.:
(1) Electric Vehicle Charging Facility, Large Vehicles. Any fueling station dedicated to providing electric vehicle charging for large vehicles. Large vehicles include vehicles possessing three (3) or more axles, such as trailer trucks, construction vehicles, and motor homes. Electric Vehicle Charging Facility, Large Vehicle, does not include electric vehicle charging stalls within a parking area serving another use or uses.
(2) Geographic Project Area. The area of the Wilmington-Harbor City Community Plan, bounded by the following: Sepulveda Boulevard and Lomita Boulevard on the north, Alameda Street on the east, Western Avenue on the west, and the jurisdictional boundary with the Port of Los Angeles on the south (Harry Bridges Boulevard), except the industrial area east of Alameda Street and the Wilmington Industrial Park area located south of G Street, east of Quay Avenue, south of D Street and Lakme Avenue.
(3) Sensitive Use. A residential use, a medical use, a school use, or any open space and indoor/outdoor recreational uses, which include, but are not limited to, skate parks, playgrounds, gymnasiums, fitness centers, sports courts, and athletic fields.
(4) Truck Parking (Parking of Trucks). A building, structure, or principal use of land used to park freight trucks, freight truck trailers, or the associated equipment/accessories, including, but not limited to, storage of chassis, container stackers, cranes, and forklift trucks.
(5) Trucking-Related Uses. Uses where a building, structure or principal use of land relates to the use, operation, service or storage of freight trucks and freight truck operations. Trucking-Related Uses include but are not limited to, Truck Parking, Truck Storage, Trucking Terminal, Trucking Yard, Electric Vehicle Charging Facility, Large Vehicle, and similar uses.
(6) Truck Storage (Commercial Vehicle Storage). A building, structure, or principal use of land used to store freight trucks, freight truck trailers, or the associated equipment/accessories, including, but not limited to, storage of chassis, container stackers, cranes, and forklift trucks.
(7) Trucking Terminal. A building, structure, or principal use of land where freight trucks dock to unload/load and transport goods, and which may include the storage of freight trucks or truck trailers or associated equipment/accessories, including, but not limited to, chassis, container stackers, cranes, and forklift trucks. Trucking Terminal does not include commercial uses of land such as grocery or retail stores with loading docks.
(8) Trucking Yard. A building, structure or principal use of land used to store freight trucks, freight truck trailers or the associated equipment/accessories including but not limited to chassis, container stackers, cranes, and forklift trucks and may include a maintenance yard.
(d) Nothing in this Subsection is intended to allow any uses, not otherwise allowed under this Chapter or any ordinance adopted under this Chapter. And nothing in this Subsection is intended to prohibit any use not explicitly prohibited by this Subsection.
B. (None)
C. AREA.
1. Building Lines – Where a Building Line or Setback Line has been established by ordinance, the space between such Building or Setback Line and the front or side lot line may be used as the front or side yard, as the case may be, in lieu of the front or side yard required by this article.
2. Side Yard Waived for First Story Garage – Where a residential building is more than two stories or 28 feet in height and the first story is designed and used solely for automobile parking or other accessory purpose, the required side yard need not be increased in width for said first story; provided that the floor surface above such story is not more than seven feet above the adjacent ground elevation at any point, except that the floor surface may be eight feet above the adjacent ground elevation at the exits and entrances to the automobile parking area. (Added by Ord. No. 109,714, Eff. 8/26/57.)
3. Incentives to Produce Housing in the Greater Downtown Housing Incentive Area. (Amended by Ord. No. 179,076, Eff. 9/23/07.) Notwithstanding any other provision of this chapter to the contrary, for lots in the R4, RAS4, R5, CR, C2, C4, and C5 zones in the Greater Downtown Housing Incentive Area, the following shall apply:
(a) No yard requirements shall apply except as required by the Downtown Design Guide as approved by the City Planning Commission. The Director of Planning or the Director's designee shall stamp and sign the plans showing the required yards. The applicant shall submit the stamped and signed plans to the Department of Building and Safety along with the plans submitted for a building permit. (Amended by Ord. No. 186,325, Eff. 11/11/19.)
(b) For the purpose of calculating the buildable area for residential (including Apartment Hotel or mixed-use) buildings, the buildable area shall be the same as the lot area.
(c) The maximum number of dwelling units or guest rooms permitted shall not be limited by the lot area provisions of this chapter so long as the total floor area utilized by guest rooms does not exceed the total floor area utilized by dwelling units.
(d) Notwithstanding the provisions of Section 12.21 G.2. of this Code to the contrary, there shall be no prescribed percentage of the required open space that must be provided as either common open space or private open space.
4. (Repealed by Ord. No. 181,076, Eff. 3/28/10.)
5. (Repealed by Ord. No. 181,076, Eff. 3/28/10.)
6. Front Yard – Sloping Lot – Where the elevation of the ground at a point fifty (50) feet from the front lot line of a lot and midway between the side lot lines differs ten (10) feet or more from the curb level, the front yard need not exceed fifty (50) percent of that required in the zone.
7. (None)
8. Front Yard – Unit Development – Where all the lots in a frontage in an “R” Zone are developed as a unit with one-family dwellings, the required front yard may be reduced by not more than five feet on part of the lots, provided the average of the front yard depth for the entire frontage is not less than the minimum front yard required in the zone in which the property is located.
9. Side Yards Reduced – Where all the lots in a frontage are developed as a unit with residential buildings, the required side yard may be reduced on one side of each lot, provided that:
(a) The total combined width of the side yards on each lot is not less than the sum of the widths of the side yards required in the zone in which the property is located; and
(b) The buildings are so located that the narrow side yard on one lot adjoins the wide side yard on the adjoining lot; and
(c) No side yard is less than three feet in width for buildings two stories or less in height, nor less than three feet in width, plus the increased width for additional stories above two stories where required by the area regulations of the zone in which the property is located. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
Where lots comprising 50% or more of a frontage are developed with buildings having varying side yards conforming to the above regulations, or where all the lots in a frontage have deed restrictions requiring such varying side yards, all the lots in such frontage may be developed in the same manner.
10. Rear Yard – Includes One-Half Alley. Except in the RS, R1, RU, RZ, RMP, and R2 Zones, in computing the depth of a rear yard where the rear yard opens onto an alley or in the RW Zone onto a court of not more than 30 feet in width, one-half the width of the alley or court may be assumed to be a portion of the required rear yard. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
11. Rear Yard – Includes Loading Space – Loading space provided in accordance with this article may occupy a required rear yard or portion thereof but in no case shall any portion of a street or alley be counted as part of the required loading space.
12. Accessory Buildings in Yards. Accessory buildings may be located in a required yard in conformance with the provisions of Section 12.21 C.5. (Amended by Ord. No. 125,278, Eff. 9/16/63.)
13. Lots Affected by Acquisitions for Public Use. (Amended by Ord. No. 144,536, Eff. 5/3/73.) Where a building or structure is located upon a lot portion of which is acquired for any public use, (by condemnation, purchase, dedication, or otherwise) by any governmental entity, or if all or a part of a separate off-street automobile parking area serving such building or structure is acquired for public use, such building or structure may be maintained, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the area regulations or off-street automobile parking requirements of this article. Further, if such building or structure is partially located upon the area being acquired for public use, it may be relocated upon the same lot or premises or remodeled or reconstructed without observing the required yard space adjacent to the new lot line created by such acquisition, and without reducing the number of dwelling units to conform to the area regulations of the zone in which it is located and without observing the off-street automobile parking requirements of this article. The exemptions provided in this paragraph permit compliance only to the extent that such non-compliance is caused by an acquisition for public use.
If only a portion of an existing building or structure is acquired for public use, the repair, remodeling or reconstruction of the remainder of said building or structure which was made necessary by said acquisition, shall conform to the provisions of the building code. Any portion of the building or structure which is not required to be repaired, remodeled or reconstructed by reason of said acquisition shall not be required to be made to conform to the provisions of the building code, unless it would otherwise be required to conform thereto independently of and in the absence of said acquisition of only a portion of the building or structure.
If a lot resulting from the acquisition of all or a portion of a parcel for public use does not comply with the area requirements of the zone in which it is located, or if a legally existing nonconforming lot is further reduced in size because of such acquisition, said lot may be utilized and a building permit shall be issued for any purpose permitted in the zone, so long as the lot is not smaller in size or width than one-half (1/2) of the minimum area or width required for the zone. (Amended by Ord. No. 150,362, Eff. 1/13/78.)
14. (None)
15. (None)
16. Lot Area – Includes One-Half Alley. In computing the number of dwelling units allowed by the minimum lot area per dwelling unit requirements of this article on a lot abutting upon one or more alleys, one-half the width of such alley or alleys may be assumed to be a portion of the lot. (Added by Ord. No. 121,925, Eff. 6/4/62.)
17. Lot Area Acreage – Includes One-Half Street. In computing the lot area of a lot in the A1 and A2 Zones, that portion of the width of all abutting streets or highways, which would normally revert to the lot if the street were vacated, may be assumed to be a portion of the lot. (Amended By Ord. No. 133,218, Eff. 11/19/66.)
18. Lot Area in Hillside Subdivisions – On land located within an RA or RE Zone and also within the “H” Hillside or mountainous area, there may be lots having less than the minimum lot area specified within said zones and there may be a single-family dwelling on each lot if the lot is shown with a separate letter or lot number on a recorded Subdivision Tract Map or Parcel Map. (Amended By Ord. No. 139,736, Eff. 1/31/70.)
19. Through Lot – May Be Two Building Site – Where a through lot has a depth of 150 feet or more, each half of the lot may be improved as though it is a separate lot, with the rear line of each approximately equidistant from the front lot lines. The location of all buildings and the number of dwelling units therein shall comply with the requirements of the zone in which the through lot is located, except that in any case there may be at least one single-family dwelling on each half. (Amended By Ord. No 116,389, Eff. 6/29/60.)
The provisions of this subdivision shall not apply to lots in the RE Zone, or to lots in any zone that are also within the “H” Hillside or Mountainous Area. (Amended by Ord. No. 127,777, Eff. 8/1/64.)
20. Projections Into Yards.
(a) A canopy above an entrance and extending over a driveway which leads to a detached garage or a parking space not abutting a dwelling, for the temporary shelter of automobiles, commonly referred to as a porte cochere, may project into a required side yard, but not nearer than 30 in to any lot line, provided such structure is not more than one story in height and 20 feet in length, and is entirely open on at least three sides except for the necessary supporting columns and customary architectural features. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(b) Cornices, belt courses, sills, or other similar architectural features (not including bay windows or vertical projections), may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than two inches for each one foot of width of such yard, and may project into a required front yard, rear yard, side yard adjoining the street lot line of a corner lot, passageway, or other open space not more than 30 inches, except as provided in Section 12.08.5 C.1.(c), provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than three feet. Eaves may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than four inches for each one foot of width of such side yard, provided the width of such side yard is not reduced to less than two and one-half feet. Eaves may also project into a required front yard, rear yard, side yard adjoining the street lot line of a corner lot, passageway, or other open space not more than 30 inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one-half feet. Chimneys may project into a required passageway not more than one foot and may project into a required front yard, rear yard, side yard, or other required open space, except as provided in Section 12.08.5 C.1.(c), not more than two feet, provided the width of any required side yard is not reduced to less than three feet. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(c) Fire escapes may extend or project into any front, side or rear yard not more than four (4) feet.
(d) (Amended by Ord. No. 138,685, Eff. 7/10/69.) Except in an RW Zone, where a required passage may not be reduced in any manner, open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet, and such balconies may extend into a required front yard, passageway, other open space, or the side yard adjoining the street lot line of a corner lot, not more than 30 inches, provided the width of a side yard adjoining the street lot line or a corner lot is not reduced to less than 30 inches.
(e) Open, unenclosed porches, platforms, or landing places (including access stairways thereto) not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into the required front yard, side yard, rear yard, passageway, or other open space, not more than six feet, provided that in no event shall any such porch, platform or landing space be more than six feet above the natural ground level adjacent thereto. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(f) Fences and Walls in the A and R Zones. (Amended by Ord. No. 154,798, Eff. 2/20/81.)
(2) Front Yards. (Amended by Ord. No. 173,754, Eff. 3/5/01.) In the R Zones, fences, walls, and landscape architectural features of guard railing around depressed ramps, not more than three and one-half feet in height above the natural ground level adjacent to the feature, railing or ramp, may be located and maintained in any required front yard. In the A Zones (including the RA Zone), a fence or wall not more than six feet in height may be located and maintained in the required front yard. In both the A and R Zones, a fence or wall not more than eight feet in height may be located and maintained in the required front yard when authorized by a Zoning Administrator pursuant to Section 12.24 X.7.
In both the A and R zones, an unobstructed chainlink fence not more than ten feet in height may be located and maintained in all yards when required by the Department of Building and Safety pursuant to the provisions of Sections 91.3303 and 91.6103 and Division 89 of Article 1 of Chapter IX of this Code.
(3) Side Yards, Rear Yards and Other Spaces. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A fence or wall not more than eight feet in height may be located and maintained within the required side yard, rear yard or other open space of any lot in an RW Zone and within the required side yard, rear yard or other open space of a lot within any other A or R zone which is 40 feet or more in width, provided the lot is not located within the boundary of a “Hillside Area”, as defined in Section 91.7003 of this Code.
A fence or wall not more than six feet in height may be located and maintained within the required side yard, rear yard or other open space of any lot in an A or R Zone, other than an RW Zone, which is less than 40 feet in width or which is located within the boundary of a “Hillside Area”, as defined in Section 91.7003 of this Code, except that in either case a fence or wall not more than eight feet in height may be located in the yards or other open space when authorized by a Zoning Administrator pursuant to Section 12.21 A.2.
In the A Zones (including the RA Zone), a fence or wall not more than eight feet in height may be located on the side street lot line of any reversed corner lot; provided, however, that if the lot is located within the boundary of a “Hillside Area”, as defined in Section 91.7003, the fence or wall shall not exceed six feet in height.
In the R Zones, other than the RW Zones, a fence or wall located within five feet of the side street lot line of a reversed corner lot may not exceed three and one- half feet in height. In the RW Zones, a fence or wall located within three feet of the side street lot line of either a corner lot or a reversed corner lot may not exceed three and one-half feet in height.
(4) Access Ways. Access ways shall be maintained in accordance with the provisions of Section 12.22 C.20.(1).
(5) Maintenance of Fences and Walls. Fences shall be maintained in accordance with the provisions of Section 12.21 A.9.
(6) Masonry and Concrete Walls. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A masonry or concrete fence or wall over three and one-half feet in height shall be built in accordance with the provisions of Section 91.106.1 of this Code.
(7) Fences and Walls Enclosing Parking Areas. Fences and walls enclosing parking areas shall be provided in accordance with the provisions of Section 12.21 A.6.
(8) Fences and Walls Around Pools. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A fence or wall not exceeding four and one-half feet in height, as required by Section 91.6109 of this Code, may be erected and maintained to enclose a swimming pool, fish pond or other body of water existing in a required yard prior to June 1, 1956.
(9) Fences and Walls Around Schools. An open mesh type fence to enclose an elementary or high school site may be located and maintained in any required yard.
(10) Fences and Walls Around Tennis Courts. The provisions of Section 12.20 C.20.(m) shall control with respect to tennis court fences.
(11) Fences and Walls at Street Intersections. Fences and Walls at street intersections shall comply with the provisions of 62.200 of this Code.
(g) (None)
(h) A one-story covered passageway, commonly referred to as a breezeway, not over five feet in width, extending from a main residential building to a private garage or other accessory building may be erected and maintained in a required rear yard. Such passageway shall be located not less than five feet from all lot lines and shall be unenclosed, except that on a corner lot there may be a wall or fence not over six feet in height along the street side of such passageway.
(i) Landscape features such as trees, shrubs, flowers or plants, shall be permitted in any required front, side, or rear yard, passageway or other open space, provided that they do not produce a hedge effect contrary to the provisions of Paragraphs (f) and (g) above. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(j) Name plates, signs, and advertising matter, as permitted by this article, may be located in any required front yard, side yard, rear yard, passageway or other open space; provided that the total area of all identification signs in any required yard, shall not exceed 12 square feet, and any sign appertaining to the sale of farm products raised or produced on the premises shall be located at least ten feet from any side lot line. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(k) Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a Group R or Group H Occupancy, provided that: such awnings or canopies do not extend more than four feet into a required front yard or building line space at the front of a lot, and have no vertical support within said yard or space; such awnings or canopies do not extend more than 30 inches into a required side yard, rear yard, building line space at the side of a lot, passageway or other open space, but in no event nearer than 30 inches to an interior lot line; and where such awnings or canopies project into a required front or side yard, passageway or other open space, they may extend only over the windows or doors to be protected and for 12 inches on each side thereof. (Amended by Ord. No. 121,925, Eff. 6/4/62.)
(l) Notwithstanding the provisions of this subdivision, no architectural feature, fire escape, porch, balcony, or other projection permitted in a yard, passageway or other open space, shall be located and maintained so as to preclude complete access about and on each side of and in close proximity to main buildings and accessory living quarters at all times. Where a fence or wall is provided or maintained, a gate or other suitable opening at least two and one-half feet in width shall be deemed adequate for access through said fence or wall; provided further that where such fence or wall is located adjacent to an alley and is over six feet in height, adequate access shall be provided through such wall or fence onto the adjacent alley. At least five feet of clear and open space shall be maintained between any two main buildings, including the projections, on any one lot. (Amended by Ord. No. 154,798, Eff. 2/20/81.)
(m) (Added by Ord. No. 151,466, Eff. 10/27/78.) Tennis or paddle tennis courts, including fences and light which are accessory to a primary residential use on the same lot in the A or R Zones may extend into a portion of the required rear yard of such lot if such court and its appurtenances meet all of the following conditions:
(i) The court surface is not more than 2 feet above the natural adjacent grade at any point.
(ii) The court is enclosed with a fence no higher than 10 feet above the court surface and all portions of such fence above a height of six feet are an open chain link type fence.
(iii) Any light standards and fixtures are no higher than 20 feet above the court surface.
(iv) The court is located a distance from the rear lot line at least equal to the width of the side yard required for a one- story main building in the zone but in no event less than 5 feet.
21. Lot Widths and Yard Requirements for RE15–H Zones. Lot widths and yard area requirements for the R1 Zone shall apply to lots in the RE15–H Zone if said lots are shown as numbered lots on a tentative subdivision tract map or parcel map approved by the Advisory Agency or the Director of Planning for the City of Los Angeles prior to January 1, 1967 and recorded in the Office of the Los Angeles County Recorder prior to July 1, 1967. (Added by Ord. No. 134,673, Eff. 7/31/67.)
22. Width and Area Flag Lots in Mountainous Areas. Where a flag lot is situated in the “H” Hillside or the Very High Fire Hazard Severity Zone pursuant to Section 57.4908 of the Municipal Code, the lot width may be calculated by measuring the width of the main buildable portion of said flag lot on a straight line parallel to the general direction of the frontage street and midway between the rear and front lines of the main buildable portion of the flag lot provided, however, that the main buildable portion contains the lot width and not less than 90% of the lot area required for lots in the zone classification in which the flag lot is situated, said lot area to be calculated exclusive of the area contained within the access strip portion of the flag lot. (Amended by Ord. No. 176,943, Eff. 10/5/05.)
23. (Repealed by Ord. No. 164,145, Eff. 12/8/88.)
24. Zero Side Yard Lots – Remain Separate Lots. If several lots are developed with building crossing lot lines, as permitted by Section 12.08.3 B.1. of this Code, they shall remain separate lots, notwithstanding such construction across the lot lines. (Added by Ord. No. 159,532, Eff. 1/3/85.)
25. Zero Side and Rear Yard Development in Multiple Residential Zones. In the R2, RD, R3, RAS3, R4, RAS4, and R5 Zones, lots may be developed with either attached dwellings crossing lot lines or detached dwellings not crossing lot lines. These dwellings may contain one dwelling unit on a lot and may observe the lot width, yard, passageway and other requirements for development in the RZ Zone. Every lot so developed shall have a minimum lot area of 2,500 square feet. No lots may be developed in accordance with this subdivision unless the lots and uses are approved in connection with a preliminary parcel map, tentative tract map or modification approved subsequent to January 1, 1985. Development so approved shall meet the density requirement of the zone in which the lots are located. (Amended by Ord. No. 174,999, Eff. 1/15/03.)
26. Yards Required for Historically Significant Buildings. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, in connection with any change of use in an historically significant building, the yards required shall be the same as the yards observed by the existing structures on the site. An historically significant building is defined as a structure that is designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historical Resources, the City of Los Angeles List of Historic-Cultural Monuments, or a Contributing Structure in an Historic Preservation Overlay Zone (HPOZ) established pursuant to Div. 13B.8. (Historic Preservation) of Chapter 1A
of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
27. Small Lot Subdivision. (Amended by Ord. No. 185,462, Eff. 4/18/18.) The purpose of this provision is to create alternative fee-simple home ownership within the multi-family and commercial zones. A small lot subdivision shall be permitted in the RD, R3, R4, R5, RAS and the P and C zones pursuant to an approved tract or parcel map. A subdivision for the purposes of small lots enables the construction of new small lot homes and provides opportunities for the preservation of existing residential dwelling units located on a single lot to be rehabilitated as for-sale dwellings on individual small lots.
(a) Construction of New Small Lots. Notwithstanding any provisions of this Code relating to minimum lot area, in the RD, R3, R4, R5, RAS and the P and C zones, parcels of land may be subdivided into lots which may contain one, two or three dwelling units, provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for each zone, or, in the case of a P zone, the density of the subdivision shall comply with the minimum lot area per dwelling unit of the least restrictive abutting commercial or multi- family residential zone(s).
(1) A parcel map or tract map, pursuant to Section 17.00 et seq. of this Code, shall be required for the creation of a small lot subdivision. The parcel map or vesting tentative tract map must comply with the Advisory Agency Small Lot Map Standards; and
(2) For small lot subdivision projects, no demolition, grading, building permit or certificate of occupancy shall be issued unless the Director of Planning has reviewed the application, pursuant to Sec. 13B.3.1. (Administrative Review) of Chapter 1A
of this Code, and determined that the small lot subdivision project complies with the City Planning Commission’s Small Lot Design Standards. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(i) The Director shall establish guidelines, requirements, and forms as may be necessary to conduct the review of the administrative clearance to determine conformance with the Small Lot Design Standards.
(ii) The application for this administrative clearance shall be filed concurrent with the tract or parcel map application and at any time a subsequent alteration or addition is proposed.
(iii) As a condition of approval, all small lot subdivisions shall be required to conform to the plans approved by the Director of Planning.
(3) The minimum lot width shall be 18 feet and the minimum lot area shall be 600 square feet. The Advisory Agency shall designate the location of front yards in the subdivision tract or parcel map approval.
(4) Access shall be provided to a lot containing a dwelling unit and to its required parking spaces, pursuant to Section 12.21 A.4.(a) by way of a public or private street, an alley, or an access easement.
(5) The lot area coverage by all structures shall not exceed 75% of an approved small lot, unless the tract or parcel map provides an open space easement equivalent to 25% of the lot area of each lot not meeting this provision.
(6) No front, side, or rear yard shall be required between interior lot lines created within an approved small lot subdivision.
(7) The provisions of the front yard of the underlying zone shall apply to the Front Lot Line of the perimeter of the subdivision.
(8) The following shall apply to the perimeter of the subdivision:
(i) For any subdivision that shares a property line with an R1 or more restrictive single family zone, the provisions of the front yard, side yard and rear yard of the underlying zone shall apply. A minimum five-foot side yard shall be required.
(ii) For any subdivision that does not share a property line with an R1 or more restrictive single family zone, the following shall apply:
a. A minimum five-foot yard shall be required along the Side Lot Line of the perimeter of the subdivision; and
b. A minimum ten-foot yard shall be required along the Rear Lot Line of the perimeter of the subdivision, except that where the Rear Lot Line abuts an alley a minimum five-foot rear yard shall be required along the perimeter of the subdivision.
(9) No passageway pursuant to Section 12.21 C.2. of this Code shall be required.
(10) In a P zone, lots may be developed as a small lot subdivision, provided that the General Plan land use designation of the lot is “commercial” or “multiple family residential”.
(11) A dwelling unit in a small lot subdivision shall not be required to comply with Paragraphs (a), (b), and (f) of Section 12.21 A.17. of this Code.
(12) Fences and walls within the yard setback areas adjacent to a public right-of- way, except alleys, and along the perimeter of the proposed subdivision shall be no more than three and one-half feet in height in accordance with Section 12.22 C.20. of this Code. Fences and walls within the yard setback areas along the perimeter, not adjacent to the public right-of-way, of the proposed subdivision shall be no more than six feet in height in accordance with Section 12.22 C.20. of this Code.
(13) Lots created within a small lot subdivision are exempt from the “frontage” requirement as defined in the definition of “Lot” pursuant to Section 12.03.
(b) Small Lot Subdivisions of Existing Dwelling Units. The purpose of this Subsection is to further facilitate fee-simple home ownership opportunities through the preservation of existing housing within the City.
Existing Group Dwellings, Bungalow Courts, and detached single, duplex, and triplex dwelling structures maintained under a single ownership with an original building permit issued more than 45 years prior to the date of submittal of the application for subdivision, or where information submitted with the subdivision application indicates that the building(s) is/are more than 45 years old based on the date the application is submitted may be subdivided into small lots and shall comply with Subparagraphs (1), (2) (4), and (9) through (13) of Paragraph (a) of this Subdivision. All existing structures shall be legally constructed with an issued building permit or Certificate of Occupancy.
(1) Notwithstanding any provisions of this Code relating to minimum lot area to the contrary, in the RD, R3, R4, R5, RAS and the P and C zones, parcels of land may be subdivided into lots which may contain one, two or three dwelling units, provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for each zone, or in the case of a P zone, the density of the subdivision shall comply with the minimum lot area per dwelling unit of the least restrictive abutting commercial or multi- family residential zone(s). Bungalow courts and existing structures that are nonconforming as to use, density, yards, or parking may be subdivided provided that the subdivision does not further increase the density nor reduce the yards, and that existing required parking be maintained, respectively.
(2) A nonconforming building, structure, or improvements may be maintained or repaired or structurally altered provided it conforms to Section 12.23 A. of this Code. However, alterations to existing structures shall also be in conformance with the “Bungalow Court and Existing Structure” Small Lot Design Standards adopted by the City Planning Commission.
(3) All existing dwellings shall provide parking as required on each dwelling’s most recently issued permit. No additional parking is required.
(4) All new dwellings added to the small lot subdivisions of existing dwelling units shall be subject to subparagraphs (1) through (13) of Paragraph (a) of this Subdivision, including current setback requirements, parking, and applicable Small Lot Design Standards.
(c) Exceptions. The provisions of this section do not apply to any of the following projects, which shall comply with the regulations in effect prior to the effective date of this ordinance, as applicable:
(1) Any small lot subdivision entitlement application filed and accepted and deemed complete prior to the effective date of this ordinance as determined by the Department of City Planning.
(2) Any project for which the City has approved a small lot subdivision discretionary land use entitlement as of the effective date of this ordinance, but that has not yet submitted plans and appropriate fees to the Department of Building and Safety for plan check, as determined by the Department of City Planning.
(Title and Section Amended by Ord. No. 182,607, Eff. 8/6/13.)
(A) Short Title. This ordinance shall be known as the City of Los Angeles Safer Sex in the Adult Film Industry Act.
(B) Use of Condoms in the Making of Films Involving Exposure to Blood Borne Pathogens.
(1) For purposes of this Section, an “Adult Film” is defined as any film, video, multimedia or other representation made for commercial purposes of sexual intercourse in which performers actually engage in oral, vaginal, or anal penetration, including but not limited to, penetration by a penis, finger, or inanimate object; oral contact with the anus or genitals of another performer; and/or any other sexual activity that may result in the transmission of blood and/or any other potentially infectious materials as defined in California Code of Regulations, Title 8, Section 5193(b).
(2) For purposes of this Section, “Producer” is defined as any person or entity that produces, finances, or directs any Adult Film.
(3) For purposes of this Section, “Filmed” and “Filming” are defined as the recording of any Adult Film.
(4) No film permit issued under the authority of the City of Los Angeles or the Los Angeles Police Department pursuant to Section 12.22 A.13. of this Code or any other law authorizing the issuance of permits for commercial filming for the production of any Adult Film shall issue unless the Producer of such film provides proof of a public health permit obtained pursuant to Title 11 of Los Angeles County Code, Sections 11.39.005, et al.
(5) Any film permit issued under the authority of the City of Los Angeles or the Los Angeles Police Department pursuant to Section 12.22 A.13. of this Code or any other law authorizing the issuance of permits for commercial filming for the production of any film must expressly condition said permit on compliance with subsection (4) of this section. Any such permit shall reference this Section and contain the following language: “Permittee must abide by all applicable workplace health and safety regulations, including California Code of Regulations Title 8, Section 5193, which mandates barrier protection, including condoms, to shield performers from contact with blood or other potentially infectious material during the production of films.”
(6) The City may charge, or may direct any other person or entity contracting with the City to administer the film permitting process to charge, entertainment industry customers seeking film permits for the production of adult films a fee sufficient to facilitate compliance with, and enforcement of, this section.
A building or structure with a nonconforming use and a nonconforming building or structure may be maintained, repaired or structurally altered and a nonconforming use may be maintained provided the building or use conformed to the requirements of the zone and any other land use regulations at the time it was built or established, except as otherwise provided in this section. (Added by Ord. No. 178,599, Eff. 5/26/07.)
A. Buildings with Nonconforming Area, Height, Encroachment Plane, Yards or Lot Coverage Regulations. (Amended by Ord. No. 184,802, Eff. 3/17/17.)
1. Buildings Nonconforming as to Area or Yard Regulations. A building, nonconforming as to area or yard regulations, may be repaired, altered, or internally remodeled, provided at least 50 percent of the perimeter length of the existing nonconforming portion of the exterior walls of the building are retained. It may be expanded in floor area provided the expansion conforms to the requirements of this Code, subject to the following provisions:
(a) a building, nonconforming only as to yard regulations, may be added to or enlarged in any manner provided:
(i) any addition or enlargement that is located in the required yard that is nonconforming does not encroach into any portion of that required yard to a greater extent than the existing nonconforming building encroaches; and
(ii) in no event shall any addition or enlargement reduce the width of a side yard or the depth of a front or rear yard to less than 50 percent of that required by the current yard regulations of the zone and other applicable current land use regulations; and
(iii) the total of all additions or enlargements, made since the building became nonconforming as to yard regulations, which encroach into any required yard, shall not exceed in height or length the height or length of that portion of the adjoining nonconforming building that extends into the same required yard.
(iv) Notwithstanding Sub- subparagraphs (i), (ii) and (iii) of this Sub- paragraph, a building nonconforming as to the Yard regulations on properties zoned RA, RE, RS and R1, not including properties in the Coastal Zone which are not located in a Hillside Area as defined in Section 12.03 of this Code, shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all the current regulations of the zone and other applicable current land use regulations, except as may be approved or permitted pursuant to a discretionary approval as that term is defined in Section 16.05 B. of this Code.
(b) A residential building, nonconforming as to the area regulations (density), in the OS, A, R, P, PB, C or PF Zones, may be enlarged, provided that the enlargement does not create any additional dwelling units or guest rooms.
(c) Notwithstanding Paragraphs (a) and (b) above and Subdivision 2. of this Subsection, a building, nonconforming as to the Residential Floor Area regulations on properties zoned RA, RE, RS and R1, not including properties in the Coastal Zone which are not located in a Hillside Area, as defined in Section 12.03 of this Code, shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all the current regulations of the zone and other applicable current land use regulations, except as permitted by Section 12.21 C.10.(l) and except as may be approved or permitted pursuant to a discretionary approval, as that term is defined in Section 16.05 B. of this Code. However, alterations, other than additions or enlargements to existing buildings, may be made provided that at least 50 percent of the perimeter length of the contiguous exterior walls and 50 percent of the roof are retained.
2. Buildings Nonconforming as to Height or Encroachment Plane. A building, nonconforming only as to height or encroachment plane regulations, may not be added to or enlarged in any manner, unless the additions or enlargements conform to all the current regulations of the zone and other applicable current land use regulations, provided that the total aggregate floor area included in all the separate additions or enlargements shall not exceed 50 percent of the floor area of the ground floor of the building or structure.
3. Buildings Nonconforming as to Lot Coverage. A building, nonconforming as to the Lot Coverage regulations on properties zoned RA, RE, RS, and R1, shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all the current regulations of the zone and other applicable current land use regulations, except as may be approved or permitted pursuant to a discretionary approval, as that term is defined in Section 16.05 B. of this Code. However, alterations, other than additions or enlargements to existing buildings, may be made provided that at least 50 percent of the perimeter length of the contiguous exterior walls and 50 percent of the roof are retained.
4. Moving Nonconforming Buildings. A nonconforming building or structure may not be moved, in whole or in part, to any other location on the lot unless every portion of the building or structure that is moved is made to conform to all the current regulations of the zone and other applicable current land use regulations, except as otherwise permitted by Section 12.22 C.13. of this Code.
5. Restoration of Damaged Nonconforming Buildings.
(a) A nonconforming building or structure, which is damaged or partially destroyed by any fire, flood, wind, earthquake or other calamity or the public enemy, may be restored and the occupancy or use of the building, structure or part of the building or structure, which existed at the time of the damage or destruction, may be continued or resumed, provided that the total cost of restoration does not exceed 75 percent of the replacement value of the building or structure at the time of the damage or destruction. A permit for restoration shall be obtained within a period of two years from the date of the damage or destruction. Except as set forth in Paragraph (b) below, if the damage or destruction exceeds 75 percent of the replacement value of the nonconforming building or structure at the time of the damage or destruction, no repairs or restoration shall be made unless every portion of the building or structure is made to conform to all regulations for new buildings in the zone in which it is located, and other applicable current land use regulations.
(b) If the damage or destruction of a nonconforming single-family or two-family dwelling, multiple dwelling or apartment house in the OS, A, R, P, PB, C, M or PF Zones exceeds 75 percent of its replacement value at the time of the damage or destruction, the building or structure may be reconstructed provided:
(i) that each side yard is no less than one-half the required side yard for new buildings in the zone in which it is located, or in other applicable current land use regulations, but in no event less than three feet; and
(ii) that the front and rear yards are at least one-half the required front and rear yards for new buildings in the zone in which it is located, or in other applicable current land use regulations; and
(iii) that neither the footing, nor the building or structure projects into any area planned for widening or extension of existing or future streets as determined by the Advisory Agency upon the recommendation of the City Engineer; and
(iv) that the height shall not exceed the allowable height for new buildings or structures in the zone in which it is located, or in other applicable current land use regulations; and
(v) that a building permit for the reconstruction be obtained within two years of the damage or destruction from fire, flood, wind, earthquake, or other calamity or the public enemy.
6. Replacement of Earthquake Hazardous Buildings. Notwithstanding any other provision of this article to the contrary, a building nonconforming as to height, number of stories, lot area, loading space or parking, which is demolished as a result of enforcement of the Earthquake Hazard Reduction Ordinance (Article 1, Chapter IX of this Code), may be reconstructed with the same nonconforming height, number of stories, lot area, loading space or parking as the original building, provided, however, that reconstruction shall be commenced within two years of obtaining a permit for demolition and completed within two years of obtaining a permit for reconstruction. Provided further, that neither the footing, nor any portion of the replacement building may encroach into any area planned for widening or extension of existing or future streets as determined by the Advisory Agency upon the recommendation of the City Engineer.
Additionally, a building nonconforming as to use or yards, which is demolished as a result of enforcement of the Earthquake Hazard Reduction Ordinance, may be reconstructed with the same nonconforming use or yards provided that the approval of a Zoning Administrator is obtained pursuant to Section 12.24 X.16. of this Code.
B. Nonconforming Use of Buildings. (Amended by Ord. No. 178,599, Eff. 5/26/07.)
1. Discontinuance of Manufacturing Use in A and R Zones. In the A and R Zones, any nonconforming use of a building first permitted in the MR1 or less restrictive zone shall be discontinued within five years from June 1, 1946, or five years from the date the use becomes nonconforming, whichever date is later.
2. Discontinuance of Commercial Use in A and R Zones. In the A and R Zones, any nonconforming commercial use of a building shall be discontinued within five years from June 1, 1946, or five years from the date the use becomes nonconforming, whichever date is later. However, the Zoning Administrator may permit its continuation pursuant to the procedures set forth in Section 12.24 X.27. of this Code.
3. Authority of Department of Building and Safety to Issue Orders to Comply. The Department of Building and Safety shall have the authority to issue an order to comply pursuant to Sec. 13A.1.8.B.3. (Department of Building and Safety; Specific Authority; Nonconforming Use) of Chapter 1A
of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
4. Nonconforming Use in Manufacturing Zones. In the M Zones:
(a) A building, nonconforming as to use, which does not contain any dwelling units or guest rooms, shall not be redesigned or rearranged to contain dwelling units or guest rooms;
(b) A building, nonconforming as to use, which contains dwelling units or guest rooms shall not be redesigned or rearranged to be used for any other purpose permitted in an R Zone;
(c) A building, nonconforming as to use, which contains dwelling units or guest rooms, shall not be redesigned or rearranged so as to increase the number of dwelling units or guest rooms in the building;
(d) Residential uses in the M3 Zone, except for caretakers quarters, shall not be permitted to remain beyond five years from the date the use became nonconforming.
5. Expansion of Nonconforming Use. Except as otherwise provided in this subsection, a non- conforming use shall not be expanded into any other portion of the building.
6. Enlargement of Residential Portion of Buildings Nonconforming as to Use. The residential portion of a building, nonconforming as to use in the OS, A, R, P, PB, C, or PF Zones, may be enlarged, provided that the enlargement does not create an additional dwelling unit or guest room.
7. Change of Use.
(a) Any change of use of a building or a portion of a building must conform to the current regulations of the zone and other applicable current land use regulations.
(b) However, in the R, C, or M Zones, a nonconforming use may be changed to any use that is permitted in a more restrictive zone than the current zone. The sequence of these zones, the first being the most restrictive and the last being the least restrictive, is as follows: OS, A1, A2, RA, RE, RS, R1, RU, RZ, RW1, R2, RD, RMP, RW2, R3, RAS3, R4, RAS4, R5, CR, C1, C1.5, C4, C2, C5, CM, MR1, M1, MR2, M2, M3 and PF. When the use of a nonconforming building is changed to a use that is permitted in a more restrictive zone, the nonconforming building shall not be occupied by a use that is permitted only in a less restrictive zone.
8. Parking.
(a) Determination of Required Parking. All currently provided parking spaces shall be considered as the required parking for an existing nonconforming use if the parking spaces are less than or equal to the parking required by current regulations.
(b) Change of Use or Other Alterations. For the purpose of calculating the parking requirements for a change of use or other alterations, which would require additional parking spaces per this Code, including, but not limited to, additional dwelling units, seating capacity, beds for institutions or guest rooms, existing parking must be maintained and additional parking spaces shall be provided equal to the difference between the number of required parking spaces for the existing use based on current parking regulations set forth in this Code and not on the provisions of Paragraph (a) above, and the number of required parking spaces for the new use or the new capacity created by the alterations, also based on current parking regulations.
(c) Additions to Buildings or Structures. The parking requirement for an addition or enlargement to a building or structure that results in an increase in floor area shall be as set forth in the current provisions of this Code. No additional parking spaces shall be required for the original portion of the building, as determined by Paragraphs (a) and (b) of this subdivision, only for the additional portion.
9. Discontinuance of Use. A building or structure or portion or a building or structure, which contains a nonconforming use which is discontinued for a continuous period of one year, shall only be occupied by a use that conforms to the current use regulations of the zone and other applicable current land use regulations.
C. Nonconforming Use of Land.
1. Discontinuation of Nonconforming Use of Land. (Amended by Ord. No. 178,599, Eff. 5/26/07.)
(a) In the A, R or C Zones, a nonconforming use of land shall be discontinued within five years from June 1, 1946, or from the date the use becomes nonconforming, whichever date is later, in each of the following cases:
(i) where no buildings are utilized in connection with the use;
(ii) where the only buildings utilized are accessory or incidental to the use;
(iii) where the use is maintained in connection with a conforming building.
(b) A nonconforming use of land, which is accessory or incidental to the nonconforming use of a building, shall be discontinued on the same date the nonconforming use of the building is discontinued.
2. Continuation of Nonconforming Use of Land. (Amended by Ord. No. 178,599, Eff. 5/26/07.) Except as provided in Subdivision 1. above, the nonconforming use of land may be continued, subject to the following limitations:
(a) that the use is not expanded or extended in any way either on the same or adjoining land beyond the limits of what was originally permitted; and
(b) that the use is not changed, except to a use that conforms to the current use regulations of the zone and other applicable current land use regulations; and
(c) in the MR or M1 Zone, the use shall be completely enclosed within a building or within an area enclosed on all sides with a solid wall or solid fence of a height sufficient to screen the use from public view, but in no event less than six feet in height, within one year from the date the use becomes nonconforming; and
(d) if the use is discontinued for a continuous period of one year, it shall not be reestablished.
3. Continuation of Signs. Any existing nonconforming sign, as defined in Section 91.6203 of this Code, may be continued, provided that no structural, electrical or mechanical alterations are made to the sign except as permitted in Section 91.6206 of this Code. (Amended by Ord. No. 178,599, Eff. 5/26/07.)
4. Oil Wells. (Amended by Ord. No. 187,709, Eff. 1/18/23.)
(a) All oil wells (as defined pursuant to LAMC Section 13.01 B.), including those operating pursuant to any discretionary permit in all zones, whether by ordinance or approval of a Zoning Administrator, and all oil wells in an M3 Zone, are nonconforming uses as of the effective date of the ordinance. No new well for the production of oil, gas or other hydrocarbon substances may be drilled in any zone. No existing well for the production of oil, gas or other hydrocarbon substances, which is a nonconforming use, shall be maintained, drilled, re-drilled, or deepened, except to prevent or respond to a threat to public health, safety, or the environment, as determined by the Zoning Administrator.
(b) The operation of all such wells shall cease within 20 years from the effective date of the ordinance deeming such uses nonconforming.
(c) After the time period set forth in LAMC Section 12.23 C.4.(b), all nonconforming oil wells shall be abandoned in a manner consistent with and in strict accordance with all applicable local, state, and federal laws, regulations, rules, and standards.
(d) If an oil well is abandoned, or its operation is discontinued or idled for a continuous period of one year, such use shall be deemed terminated.
(e) A well operator as defined by Public Resources Code Section 3237 shall comply with the mitigation measures and mitigation monitoring program adopted with this ordinance in the plugging and abandoning of all wells.
5. Commercial Animal Keeping – The nonconforming keeping, grazing, breeding, raising or training of livestock, poultry, fowl, rabbits, chinchillas, fish, frogs or similar animals for commercial purposes in the RA and R Zones, shall be completely abandoned on or before July 1, 1976 or within 15 years from the date such use became nonconforming. (Added by Ord. No. 122,543, Eff. 9/2/72.)
6. Automobile Dismantling Yards, Junk Yards, and Related Uses. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
(a) Any of the uses to which the provisions of Section 12.19 A.4. of this article are applicable, lawfully existing in the M2 Zone on November 29, 1968, shall be completely removed from the zone within two years unless the use has been made to comply with the limitations applicable to the use. However, upon a showing that substantial compliance with the limitations applicable to a particular use has been effected, the Director of Planning may grant an extension of time to complete the work necessary to effect full compliance. No extension so granted shall exceed one year in duration nor shall more than one extension be granted with respect to any individual use.
(b) Any of the uses to which the provisions of Section 12.20 A.5. are applicable, lawfully existing in the M3 Zone on November 29, 1968, shall be completely removed from the zone within two years unless the use has been made to conform to the limitations applicable to the use. However, upon a showing that substantial compliance with the limitations applicable to a particular use has been effected, the Zoning Administrator may grant an extension of time to complete the work necessary to effect full compliance. The procedure for this extension shall be as set forth in Sec. 13B.2.1. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code. No extension so granted shall exceed one year in duration nor shall more than one extension be granted with respect to any individual use. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(c) The nonconforming use of land for the open storage of materials and equipment, including used materials and equipment, may be continued, but shall be subject to the following limitation: it shall be made to conform to the provisions of this Code on the construction of walls or fences for the open storage of such used materials and equipment within one year from the date the use became nonconforming. The phrase “used materials and equipment” includes, but is not limited to, vehicles, boats, or airplanes which are inoperable, wrecked, damaged or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles.
7. Discontinuance of Nonconforming Hostels and Transient Occupancy Residential Structures. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(a) Any hostel or transient occupancy residential structure to which the provisions of Sections 12.12.2 A.1.(d), 12.13 A.1.5., and 12.13.5 A.11., of this Article are applicable, existing in or within 500 feet of an A or R zone on May 8, 1992, shall be discontinued within 180 days unless the use has been made to comply with the limitations applicable to that use. However, upon a showing that substantial compliance with the limitations applicable to a particular use has been effected, the Zoning Administrator may grant an extension of time to complete the work necessary to effect full compliance. No extension so granted shall exceed 90 days in duration nor shall more than one extension be granted with respect to any individual use. The procedure for this extension shall be as set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code.
D. Nonconforming Due To Changes – Whenever a building or structure or a use of a building, structure or land becomes nonconforming because of a change of zone or change in the regulations, and a period of time is specified in this section for the removal of such non conforming building, structure or use, said period of time shall be computed from the effective date of such change.
This section merely provides for an exception to other sections of the LAMC; it is not to be regarded as a part of the definition of the offense created by other sections of the code and need not be negatived by proof or pleading.
People v. Webb, CR A 1762.
The existence of nonconforming uses does not necessarily invalidate a zoning ordinance, and no vested right to violate an ordinance may be acquired by continued violations.
Lockard v. The City of Los Angeles, 33 Cal. 2d 453.
Acker v. Baldwin, 18 Cal. 2d 341.
Uses for commercial purposes in district zoned for residential purposes if subsequent to enactment of zoning ordinance, confers no vested right for continuance thereof.
Burke v. City of Los Angeles, 68 Cal. App. 2d 189.
A nonconforming use cannot be enlarged.
County of San Diego v. McClurken, 37 Cal. 2d 683.
A nonconforming use is subject to the full exercise of the police power and may, like all other activities, be subjected to all reasonable regulations.
People v. Scheib, CR A 2457.
Under a zoning ordinance authorizing applications to an administrative body for permission to put land to a nonconforming use, it is not a denial of an owner’s constitutional right to equal protection of the laws to discriminate against the owner by granting such application to some owners and refusing a grant to the owner in the same district.
Otis v. City of Los Angeles, 52 Cal. App. 2d 605.
E. Use Of Nonconforming Lot. A Nonconforming lot may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area or other lot dimension other than the minimum specified in the area requirements of said zone. However, no more than two dwelling units shall be permitted on a lot with an area less than 4,000 square feet, except on lots located in an RW Zone. (Amended by Ord. No. 138,095, Eff. 4/19/69.)
F. Equine Keeping – Nonconforming Lot In “RA” Zone. Equines may be kept and a stable may be erected or maintained on any lot in an “RA” Zone, provided said lot had the area required for the keeping of equines at the time the lot was established. (Amended by Ord. No. 157,144, Eff. 11/22/82.)
G. Equine – Nonconforming Uses – Non-“K” Equinekeeping Lots. Notwithstanding any other provisions of this Code to the contrary, equine uses of the land on non- “K” District lots shall be allowed to be continued if, after the legal establishment of the equine use, a neighbor is granted a building permit to construct a dwelling unit within the 75-foot required distance between an equine use and the neighbor’s dwelling unit. If, in accordance with the provisions of Section 12.24 X.5., the Zoning Administrator grants permission for a neighbor’s dwelling to be constructed closer than 35 feet from a legally existing equine enclosure, the equine enclosure may be considered to be nonconforming if it is relocated not closer than 35 feet from the habitable rooms attached to any dwelling. The nonconforming equine use shall be subject to the following limitations: (Amended by Ord. No. 173,492, Eff. 10/10/00.)
1. The equine enclosure shall not be closer than 35 feet to the habitable rooms of any dwelling unit.
2. The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the neighbor’s dwelling unit.
3. The equine enclosure shall not be expanded, extended, or relocated in such a manner as to reduce the nonconforming distance between the enclosure and the habitable rooms of the neighbor’s dwelling unit.
4. The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Services to be stabled on the subject lot. (“Department of Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)
H. (Repealed by Ord. No. 171,740, Eff. 10/27/97.)
I. Equine Nonconforming Uses Adjacent to Residential Buildings. Notwithstanding any provisions of this Code to the contrary, if an equine use not in a “K” District was legally established prior to November 22, 1982, that use shall be allowed to continue, even though the City issued a building permit between November 22, 1982 and July 1, 1986, to construct a residential building on an adjacent lot within the 35-foot required distance between an equine use and the habitable rooms of a residential building on the adjacent lot. This provision shall not apply to building permits authorized by the Zoning Administrator pursuant to Section 12.24 X.5. This nonconforming equine use shall be subject to the following limitations: (Amended by Ord. No. 173,492, Eff. 10/10/00.)
1. The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the residential building on an adjacent lot.
2. The equine enclosure shall not be expanded, extended, or relocated in such a manner as to reduce the nonconforming distance between the enclosure and the habitable rooms of the residential building on an adjacent lot.
3. The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Services to be stabled on the subject lot. (“Department of Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)
Nothing in this subsection relieves any person from the obligation to comply with the requirements of any county or state law. (Amended by Ord. No. 173,754, Eff. 3/5/01.)
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
A. Applicability. This Section shall apply to the conditional use approvals listed in Subsections U. and W. and to the other similar quasi-judicial approvals listed in Subsection X. These procedures apply only to uses in zones when not permitted by right.
1. Unless otherwise stated, the procedures for acting upon applications for the conditional use approvals listed in Subsection U. of this Section are established in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code.
2. Unless otherwise stated, the procedures for acting upon applications for the conditional use approvals listed in Subsection W. of this Section are established in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code.
3. Unless otherwise stated, the procedures for acting upon applications for the conditional use approvals listed in Subsection X. of this Section are established in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code.
B. (This subsection intentionally left blank.)
C. Existing Uses. Any lot or portion of a lot which is being lawfully used for any of the purposes enumerated in this section at the time the property is first classified in a zone in which the use is permitted only by conditional use or at the time the use in that zone first becomes subject to the requirements of this section, shall be deemed to be approved for the conditional use and may be continued on the lot. Further, the conditions included in any special district ordinance, exception or variance which authorized the use shall also continue in effect.
Any lot or portion of a lot in the C2, C3, C4, CM or M1 Zones which was being used on June 1, 1951, for the temporary storage of abandoned, dismantled, partially dismantled, obsolete or wrecked automobiles, but not for the dismantling or wrecking of automobiles nor for the storage or sale of used parts, may continue to be so used.
Regulations governing yards, accessory buildings, parking, access, or any other internal features of mobilehome parks shall conform to the provisions of Title 25 of the California Administrative Code or any amendments. If yards, accessory buildings, parking, access, or any other internal features of mobilehome parks are not regulated by Title 25, they shall conform to all applicable provisions of this Code or any other conditions imposed by the City.
Any CM uses lawfully existing prior to March 22, 1981, in any portion of any building in the C5 Zone shall not be extended beyond that portion of the building except as provided by Section 12.24 W. of this Code.
D. Development of Uses.
EXCEPTIONS: A plan approval shall not be required in the following instances:
(a) For buildings within mobilehome parks located in the M2 Zone, which existed in that zone on September 3, 1961, provided that the entire approval site is retained for mobilehome park use and there is no increase in the number of mobilehome sites.
(b) For temporary structures erected on the site of a place of worship in an A Zone, if:
(1) the structures are erected and maintained not more than five days in any one year;
(2) all structures, including temporary facilities, are located at least 40 feet from all exterior lot lines;
(3) the required permits are obtained from the Fire Department, and all structures are removed from the premises the next day following the closing of the event;
(4) no public address system in connection with the event is installed on the property unless it is modulated so as not to be disturbing to occupants of nearby dwelling units; and
(5) any lights used to illuminate the area are arranged to reflect the light away from any adjacent residentially used premises.
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F. (This subsection intentionally left blank.)
G. (This subsection intentionally left blank.)
H. (This subsection intentionally left blank.)
I. (This subsection intentionally left blank.)
J. (This subsection intentionally left blank.)
K. (This subsection intentionally left blank.)
L. (This subsection intentionally left blank.)
M. (This subsection intentionally left blank.)
N. (This subsection intentionally left blank.)
O. (This subsection intentionally left blank.)
P. (This subsection intentionally left blank.)
Q. (This subsection intentionally left blank.)
R. Planned Residential Developments or Housing Projects Approved as Conditional Uses. No provision of Section 13.04 of this Chapter shall be construed as limiting or modifying the provisions of any conditional use approval, or any other right already existing, for a housing project or planned residential development granted prior to the effective date of that Section. The provisions of this Section shall continue to apply to those developments, and the Commission is authorized to perform all required administrative acts. Provided, however, if a conditional use for a housing project or planned residential development approved prior to the effective date of Section 13.04. of this Chapter is abandoned, or is discontinued for a continuous period of one year, it may not thereafter be re-established unless authorized as a Residential Planned Development Supplemental Use District. The planned residential development shall not be divided or separated in ownership unless authorized under supplemental use district procedures as a residential planned development.
S. (This subsection intentionally left blank.)
T. Vesting Conditional Use Applications. (Amended by Ord. No. 188,072, Eff. 7/1/24.) Vesting conditional use permits may be filed for the following conditional uses under the authority of the City Planning Commission, and Zoning Administrator as described in Subsections U. and W., pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit) and Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code:
Airports or heliports in connection with an airport.
Auditoriums, stadiums and arenas with fewer than 25,000 seats in the MR1 Zone
Buildings over six stories or 75 feet in height within the Wilshire - Westwood Scenic Corridor Specific Plan Area
Churches / Houses of worship (except rescue missions or temporary revivals) in the R Zones, C1, C1.5, CM or M Zone
Correctional or penal institutions
Educational Institutions
Electrical power generating sites
Floor area ratio averaging in unified developments
Golf courses and facilities properly incidental to that use
Hazardous waste facilities in the M2 and M3 Zones where the principal use of the land is for the storage and/or treatment of hazardous waste as defined in California Health and Safety Code Section 25117.1
Hazardous waste facilities in the M3 Zone where the principal use of the land is for the disposal of hazardous waste as defined in California Health and Safety Code Section 25117.1
Hospitals or sanitariums in the A, R, CR, C1, C1.5, CM or M Zones
Land reclamation projects
“Major” development projects
Mixed Commercial / Residential Use Development
Mixed use developments in the R5 Zone located in an approved redevelopment area
Motion picture and television studios in the A, R or C Zones
Natural resources development
Various Uses in the OS Open Space Zone
Piers, jetties, human-made islands, floating installations
Various Uses in the PF Zone
Reduced on-site parking for housing developments occupied by persons 62 years of age or older in the RD, R3, R4 or R5 Zones
Research and development centers
Schools: public schools, elementary and high (kindergarten through 12th grade); private schools, elementary and high (kindergarten through 12th grade) in the A, RE, RS, R1, RU, RZ, RMP, RW1, R2, RD, RW2, R3, C1, C1.5 or M Zones; and private schools (other than elementary or high (kindergarten through 12th grade) or nursery schools) in the A, R, CR, C1 or C1.5 Zones.
Sea water desalinization facilities and sites where the principal use of the land is for the purposes of a sea water desalinization plant
Notwithstanding the above, hotels and motels with 35 or fewer guest rooms or any hotel or motel within the boundaries of the Specific Plan for Conditional Use Approval for Establishments for the Sale of Alcohol which are generally located in the South Central Area of the City (Ordinance No. 171,681), and stadiums and arenas and auditoriums with more than 25,000 seats, are not eligible for vesting privileges regulated by this Subsection.
U. Conditional Use Permit, Class 3. Unless otherwise stated, the following uses and activities may be permitted in any zone, unless restricted to certain zones or locations, if approved pursuant to Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code.
1. Airports or heliports in connection with an airport.
2. Auditoriums, stadiums, arenas and the like.
3. (This paragraph intentionally left blank.)
4. Hotel Development Project. (Added by Ord. No. 188,072, Eff. 7/1/24.)
(a) Additional Findings. In addition to the findings set forth in Section 13B.2.3.E. of this Code, prior to approval of a Hotel Development Project, the City Planning Commission, or the City Council on appeal, shall make findings on each of the following:
(i) that there is sufficient market demand for the Hotel Development Project proposed;
(ii) the impact of the employees of the Hotel Development Project on the demand in the City for housing, public transit, childcare, and other social services taking into consideration the impact of the part-time or seasonal nature of work at the Hotel Development Project and of the Hotel Development Project’s employees’ expected compensation;
(iii) whether the applicant will take measures to employ residents of neighborhoods adjoining the Hotel Development Project in order to minimize increased demand for regional transportation and to reduce demand for vehicle trips and vehicle miles traveled;
(iv) whether the applicant will take measures to encourage Hotel Development Project workers and guests to use public transportation, cycling and other non-automotive means of transportation;
(v) whether the Hotel Development Project will support small businesses in the immediate vicinity and whether the applicant will adopt any measures to increase demand for local goods and services; and
(vi) whether the Hotel Development Project will not negatively affect the availability of existing affordable and rent-stabilized housing and the project includes the replacement of any rent-stabilized or restricted affordable housing existing on-site within the past ten years with affordable housing and any nonrestricted or rent-stabilized housing with moderate-income housing.
(b) Vested Rights. This subdivision shall not be interpreted to impair vested rights under this Code, state law, or common law as long as those vested rights are maintained.
(c) Relationship to Specific and Community Plans. The requirements of this subdivision, as they apply to a Hotel Development Project, shall prevail over conflicting provisions in any Specific Plan, including any Community Plan Implementation Overlay District. The foregoing limitation shall not preclude a Specific or Community Plan, or Community Plan Implementation Overlay District, from imposing additional limitations on or requirements of Hotel Development Projects.
5. Correctional or penal institutions.
6. Educational institutions.
7. Electric power generating sites, plants or stations, fueled by any thermal power source or technology, provided that the facilities comply with all applicable state and federal regulations.
8. Golf courses and facilities properly incidental to that use.
9. The following green waste and/or wood waste recycling uses in the A1 and A2 Zones when conducted in accordance with the limitations after specified:
(a) Types of uses:
(1) Chipping/grinding facility;
(2) Composting facility;
(3) Curing facility; and
(4) Mulching facility;
(b) Limitations:
(1) Notwithstanding any provision of Sections 12.05 and 12.06, the uses set forth in Paragraph (a) of this subdivision shall be conducted wholly within an enclosed building, or where deemed appropriate by the City Planning Commission, within an area which is completely enclosed by a solid wall or solid fence which is at least eight feet in height with necessary solid gates of like height.
(2) Where, pursuant to Subparagraph (1) above, the required wall or fence has been erected in an area which adjoins a street, no material shall be stored within the enclosed area to a height greater than that of the wall or fence for a distance of up to 50 feet from such wall or fence, unless the height of the wall or fence is ten feet or more in height. When the height of the wall or fence is ten feet or more, no material shall be stored within the enclosed area to a height greater than that of the wall or fence for a distance of 37 feet from the wall or fence. After the minimum setback of either 50 feet or 37 feet has been observed, materials may be stored over the height of the wall or fence as determined by the City Planning Commission.
(3) The property upon which any use enumerated in this subdivision is conducted shall be landscaped to a minimum distance of five feet measured at a right angle from the adjacent street, except for those areas which are necessary for ingress and egress.
(4) Hours of operation shall be tailored to and be compatible with adjoining uses.
(5) Signs displaying the name of the company and/or operator, address and hours of operation shall be posted at or near the main entrance gate to the recycling facility at all times.
(6) Wood waste and/or green waste recycling activities under this subdivision shall not exceed the noise level set forth in Section 111.03 of this Code as measured from any point on adjacent property which is located in any A, R, C, P or M Zone.
(7) All wood waste and/or green waste recycling uses shall comply with all necessary public safety requirements of Los Angeles Municipal Code Section 57.121. These uses must not emit any odor or smell that is offensive to adjacent uses and must further satisfy all necessary requirements as set forth by applicable state and county agencies.
(8) No standing water shall be allowed to accumulate anywhere on the site.
(9) All leachates shall be collected, controlled, disposed of and shall not be allowed to remain at the site at any time.
(11) In addition to the findings otherwise required by this section, before granting an approval the City Planning Commission shall find that adequate safeguards are provided to control impacts resulting from residual waste materials, airborne transmission of dust particles, or debris from stockpiles, storage areas or roadways located on the premises.
10. Hazardous Waste Facilities in the M2 and M3 Zones where the principal use of the land is for the storage and/or treatment of hazardous waste as defined in Section 25117.1 of the California Health and Safety Code. In making any finding required pursuant to this section, the City Planning Commission shall consider whether the proposed use is consistent with the adopted County Hazardous Waste Management Plan and any additional siting criteria adopted by the City. In addition, in the case of those applications which are under the jurisdiction of Section 25199.7 of the California Health and Safety Code, time limits for City Planning Commission action shall be set forth in Article 8.7 of the California Health and Safety Code.
In connection with the implementation of these conditional uses, the Director of Planning shall issue administrative guidelines for the processing of these requests, including the levying of additional fees commensurate with the cost of notification and hiring of independent consultants to review the project as authorized by Section 25199.7 of the California Health and Safety Code.
11. Hazardous Waste Facilities in the M3 Zone where the principal use of the land is for the disposal of hazardous waste as defined in Section 25117.1 of the California Health and Safety Code. In making any finding required pursuant to this section, the City Planning Commission shall consider whether the proposed use is consistent with the adopted County Hazardous Waste Management Plan and any additional siting criteria adopted by the City. In addition, for those applications which come under the jurisdiction of Section 25199.7 of the California Health and Safety Code, time limits for City Planning Commission action shall be as set forth in Article 8.7 of the California Health and Safety Code.
In connection with the implementation of these conditional uses, the Director of Planning shall issue administrative guidelines for the processing of these requests, including the levying of additional fees commensurate with the cost of notification and the hiring of independent consultants to review the project as authorized by Section 25199.7 of the California Health and Safety Code.
12. Hospitals or sanitariums in the A, R, CR, C4, CM or M Zones, and in the C1 or C1.5 Zones if not permitted by right.
13. Land reclamation projects through the disposal of rubbish, as the term rubbish is defined in Section 66.00 of this Code and operated or caused to be operated by any city, county, district, or public or municipal corporation.
14. “Major” development projects, otherwise permitted by right in the zone(s) in which they are located and in compliance with the limitations and regulations of this article.
(a) Definitions. For purposes of this Subdivision the following words and phrases are defined as follows:
Day Laborer means a person who offers themselves to be hired as a laborer for a day, or some other temporary basis.
Economic Assistance Areas means the existing geographically defined areas: State Enterprise Zones, Federal Empowerment Zone, Federal Renewal Community Zone, Redevelopment Project Areas with Unexpired Community Redevelopment Plans, and Earthquake Project Areas, and a one-mile buffer surrounding each of the above-identified zones, as identified by the Economic & Workforce Development Department and as shown on the “Los Angeles Economic Assistance Areas” Map, dated January 2004, which is attached to Council File No. 00-1675 S2 and is on file in the Economic & Workforce Development Department, and which may be amended from time to time.
Home Improvement Store means a Major Development Project that contains 100,000 square feet or more in a building or structure, including the square footage of preexisting structures used as a part of the Home Improvement Store, that sells a large variety of goods, that may include, but are not limited to, the sale of hardware, lumber, plumbing supplies, electrical fixtures and supplies, windows, doors, garden supplies, plants and similar items, used in the maintenance, improvement or expansion of dwellings, buildings or sites.
Major Development Project means the construction of, the addition to, or the alteration of, any buildings or structures, which create or add 250,000 square feet or more of warehouse floor area, 250 or more hotel / motel guest rooms, a Home Improvement Store, or 100,000 square feet or more of floor area in other nonresidential or non-warehouse uses in the C2, C4, C5, CM, M1, M2 and M3 Zones. The above definition shall apply 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 of Planning. For the purpose of this subdivision, floor area shall be as defined in Section 12.03 of this Code.
Non-taxable Merchandise means products, commodities, or items not subject to California state sales tax. For purposes of this ordinance, the definition of non- taxable merchandise shall not include, without limitation, Sales Floor Area devoted to any of the following categories: services, including the services of a chiropractor, optometrist, optician, physician, surgeon, podiatrist, dentist, spa, gym, nail salon, and travel accommodation services; theaters and other entertainment uses; and food products sold through vending machines.
Sales Floor Area means the interior building space devoted to the sale of merchandise, but excludes restrooms, office space, storage space, automobile service areas, or open-air garden sales space. For the purpose of determining the total sales floor area of a single business establishment, the aggregate square footage of all adjacent stores that share common check stands, management of the business operation of such adjacent stores, controlling ownership interest in the business operation of such adjacent stores, warehouses, or distribution facilities shall be considered a single business establishment.
Superstore means a Major Development Project that sells from the premises goods and merchandise, primarily for personal or household use, and whose total Sales Floor Area exceeds 100,000 square feet and which devote more than 10% of sales floor area to the sale of Non- Taxable Merchandise. This definition excludes wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic assessment fee. This definition also excludes the sale or rental of motor vehicles, except for parts and accessories, and the sale of materials used in construction of buildings or other structures, except for paint, fixtures, and hardware.
(b) Supplemental Findings. In addition to the findings set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code, the City Planning Commission shall find:
(1) that the project provides for an arrangement of uses, buildings, structures, open spaces and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood;
(2) that the project complies with the height and area regulations of the zone in which it is located; and
(3) that the project is consistent with the City Planning Commission's design guidelines for Major Development Projects, if any.
(c) Projects Exempt From Conditional Use Requirement:
(1) Notwithstanding any provisions of this article to the contrary, any development project which received one or more still-valid discretionary approvals, including but not limited to those listed below, shall be exempt from the conditional use requirement set forth in this subdivision:
(i) zone change;
(ii) height district change;
(iii) supplemental use district;
(iv) conditional use approval;
(v) variance or adjustment;
(vi) parcel map;
(vii) tentative tract map;
(viii) coastal development permit;
(ix) development agreement;
(x) density bonus greater than the minimums pursuant to Government Code Section 65915;
(xi) density transfer plan;
(xii) exception from a geographically specific plan;
(xiii) project permit pursuant to a moratorium or interim control ordinance or specific plan;
(xiv) public benefit projects; or
(xv) other similar discretionary approvals, as determined by the Director.
This exemption shall apply 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 keep it current. The Director is hereby authorized to establish procedures to process decisions required under this paragraph.
(2) Any project within the boundaries of a designated Enterprise Zone, or Employment in Economic Incentive Zone provided that an Environmental Impact Report or Environmental Impact Statement was certified as part of the Zone designation process. The project shall instead require a Project Review pursuant to Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code.
(d) Superstores in Economic Assistance Areas.
(1) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code and set forth in Paragraph (b) of this Subdivision, prior to approval of a Superstore that is located in an Economic Assistance Area, the City Planning Commission or the City Council on appeal shall find, after consideration of all economic benefits and costs, that the Superstore would not materially adversely affect the economic welfare of the Impact Area, based upon information contained in an economic impact analysis report submitted by the applicant, any other information received or obtained by the Community Development Department or the Community Redevelopment Agency, a recommendation by the Community Development Department, or the Community Redevelopment Agency pursuant to Subparagraph (3) below, and any other information received before or at a public hearing required by Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code. The phrase “Impact Area” refers to a three mile radius surrounding the proposed location of the Superstore.
(2) Economic Impact Analysis Report. An application for approval of a Superstore pursuant to this paragraph shall prepare and submit the economic impact analysis report referenced in Subparagraph (1) to the Community Development Department or to the Community Redevelopment Agency, where appropriate, for review in conjunction with its application to the Department of Planning. The economic impact analysis report shall be reviewed by the Department or Agency and/or a consultant, if deemed necessary by the Department or Agency and paid for in full by the applicant. The Community Development Department and the Community Redevelopment Agency shall complete its review of the report within 60 days after receipt of the report from the applicant. The report shall identify whether:
(i) Efforts to establish a market larger than 20,000 square feet within the Impact Area have been unsuccessful or whether the proposed use will have an adverse impact or economic benefit on grocery or retail shopping centers in the Impact Area;
(ii) The Superstore would result in the physical displacement of any businesses, and, if so, the nature of the displaced businesses or would create economic stimulation in the Impact Area;
(iii) The Superstore would require the demolition of housing, or any other action or change that results in a decrease of extremely low, very low, low or moderate income housing on site;
(iv) The Superstore would result in the destruction or demolition of any park or other green space, playground, childcare facility, community center;
(v) The Superstore would provide lower in cost and/or higher in quality goods and services to residents than currently available or that are currently unavailable from a cost benefit perspective within the Impact Area in which the Project is proposed to be located;
(vi) The Superstore would displace jobs within the Impact Area or provide economic revitalization and/or job creation. For purposes of determining this impact, the applicant must identify the number of jobs displaced or created, the quality of the jobs, whether the jobs are temporary or permanent, and the employment sector in which the lost jobs are located;
(vii) The Superstore would have a fiscal impact either positive or negative on City tax revenue;
(viii) Any restrictions exist on the subsequent use of the property on which the Superstore is proposed to be located, including the provisions of a lease if applicable, which, in the event the owner or operator of the Superstore vacates the premises, would require the premises to remain vacant for a significant amount of time;
(ix) The Superstore will result in any materially adverse or positive economic impacts or blight on the Impact Area; and
(x) Any measures are available which will mitigate any materially adverse economic impacts, if any, identified by the applicant, if necessary.
(3) Recommendation. The Economic & Workforce Development Department, shall review the economic impact analysis report and, after consideration of economic benefits and costs, make a written recommendation as to whether the proposed Superstore will result in a materially adverse economic impact on the Impact Area and, if so, whether conditions are available which will mitigate the economic impact. The written recommendation, including proposed mitigation measures, if any, shall be submitted to the Department of Planning by the Economic & Workforce Development Department, in accordance with the written procedures on file with the Department.
(e) Home Improvement Stores.
(1) The City Planning Commission, or the City Council on appeal, may require written Day Laborer operating standards in accordance with Subparagraph (2) of this paragraph to be submitted to the Department for review and approval within 30 days of the mailing of the determination as a condition of approval of any Home Improvement Store. The Day Laborer operating standards will not be required if the City Planning Commission or the City Council on appeal makes the following findings:
(i) There is no existing Day Laborer population in the vicinity of the site proposed for the Home Improvement Store;
(ii) A significant number of Day Laborers are not expected to congregate in and around the Home Improvement Store for the purpose of seeking employment;
(iii) The congregation of Day Laborers in and around the Home Improvement Store will not result in increased trash around the site, increased noise or impede vehicular and pedestrian access to and from the site, as well as throughout its parking lot and adjacent sidewalks;
(iv) The congregation of Day Laborers in and around the Home Improvement Store will not cause potential adverse traffic, trash and loitering impacts to the commercial and residential areas surrounding the site; and
(v) Public or private security is available or economically feasible to reduce or eliminate the potential adverse impacts related to the presence of Day Laborers seeking employment at the Home Improvement Store.
(2) The written Day Laborer operating standards may include, but not be limited to, the following:
(i) A suitable area located on site for Day Laborers seeking employment with customers at the Home Improvement Store (Day Laborer Site) that:
(a) is easily accessible and viewable to Day Laborers seeking employment, as well as potential employers of these individuals;
(b) is located so as not to impede or restrict vehicular or pedestrian access to or from the Home Improvement Store, or throughout the parking lot and adjacent sidewalks;
(c) is designed to complement the overall design of structures located on the site and is integrated into the overall layout of the site;
(d) is equipped with a minimum level of easily accessible and convenient amenities, such as sources of drinking water, toilet and trash facilities, tables and seating, for use by Day Laborers seeking employment;
(e) is covered to provide adequate shelter from the weather;
(f) is open during the hours of operation of the Home Improvement Store.
(ii) A signage plan, indicating the location of signs at appropriate locations throughout the site directing Day Laborers either seeking employment or individuals seeking to employ Day Laborers to the Day Laborer Site.
(iii) A security plan, prepared in consultation with the Los Angeles Police Department.
15. Motion picture and television studios and related incidental uses that are located on a motion picture or television studio site, in the A, R, or C Zones, when not permitted by right. These incidental uses may include, but are not limited to, film, video, audio and other media production, recording and broadcasting, sound labs, film editing, film video and audio processing, sets and props production, computer design, computer graphics, animation, offices and ancillary facilities related to those activities.
16. (This paragraph intentionally left blank.)
17. Natural resources development (except the drilling or production of oil, gas or other hydrocarbon substances, or the production of rock and gravel), together with the necessary buildings, apparatus or appurtenances incident to that use.
18. Onshore installations required in connection with the drilling for or production of oil, gas or hydrocarbons when the installations are permitted by the conditions of the offshore oil drilling district which is to be served.
19. In the OS Open Space Zone:
(a) Recreation centers, senior citizen centers, community centers, clubhouses, community rooms, playgrounds, beaches, swimming pools, libraries, tennis courts, game courts, rest rooms, gyms and camping facilities.
(b) Golf courses.
(c) Museums.
(d) Appurtenant structures adjacent to reservoir use, such as water treatment facilities, pumping facilities, distribution facilities and water filtration plants.
(e) Nature preserves, subject to the approval of a detailed site plan and management program approved by the operating agency and by the City Planning Commission pursuant to the procedure set forth in Subsection H. (Modification of Entitlement) of Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code.
(f) Aquaria, observatories, planetaria and zoos.
(g) High voltage transmission lines (including towers).
(h) Any use set forth in Section 12.04.05 B.1. when located on land which:
(1) includes a lake, river or stream; or
(2) is designated as an historic or cultural landmark.
(i) Change of use from any of the uses listed above to any use described in Section 12.04.05 B.1.
20. Piers, jetties, human-made islands, floating installations, or the like in connection with the uses listed in Section 12.20.1 B.2.(a), in the SL Ocean-Submerged Land Zone.
21. The following uses in the PF Zone: convention and exhibition centers; government owned parking facilities; flood control facilities; sewage treatment facilities; covered reservoirs; appurtenant structures adjacent to covered and uncovered reservoirs, such as water treatment facilities, water pumping facilities, water distribution facilities, and water filtration plants; sanitary landfills; and any joint public and private development uses more intensive than those permitted in the most restrictive adjoining zones. The phrase “adjoining zones” refers to the zones of properties abutting, across the street or alley from, or having a common corner with, the subject property. In addition to the findings otherwise required by this subdivision, for any joint public and private development uses, the Commission shall find that benefits are provided to the public and that the benefit accruing from the project, whether as a result of additional taxes of the provision of public facilities, is sufficient to outweigh any impairment of the public interest that may be created by the public agencies’ proposed use of the land.
22. The following recycling uses in the zones listed below, subject to the limitations indicated.
(a) The depositing of glass, cans, papers, plastic, beverage containers, and similar Recyclable Materials, Recycling Collection or Buyback Centers, and Mobile Recycling Centers, in the C2, C5, CM, P, PB, MR1, M1, or MR2 Zones, provided that the facility complies with all of the conditions set forth in Section 12.21 A.18.(d), except when the conditions are specifically modified by the City Planning Commission.
(b) The depositing of glass, cans, papers, plastic, beverage containers, and similar Recyclable Materials, Recycling Collection or Buyback Centers, and Mobile Recycling Centers, in the M2 or M3 Zones when the facility is not in compliance with all of the conditions set forth in Section 12.21 A.18.(d).
(c) Recycling Materials Processing Facilities in the M2 and M3 Zones when the facility is not in compliance with all of the conditions set forth in Section 12.21 A.18.(f).
(d) Recycling Materials Sorting Facilities in the M and MR Zones when the facility is not in compliance with all of the conditions set forth in Section 12.21 A.18.(e).
(e) An application for a conditional use shall be referred forthwith for review to the City Council member of the district in which the property is located.
23. Research and development centers for experimental or scientific investigation of materials, methods or products, except in the RA and R Zones.
24. Schools:
(a) Public schools, elementary and high (kindergarten through 12th grade);
(b) Private schools, elementary and high (kindergarten through 12th grade) in the A, RE, RS, RI, RU, RZ, RMP, RW1, R2, RD, RW2, R3, C1, C1.5, or M Zones;
(c) Private schools (other than elementary or high (kindergarten through 12th grade) or nursery schools) in the A, R, CR, C1, or C1.5 Zones.
25. Sea Water Desalinization Facilities and sites where the principal use of the land is for the purposes of a sea water desalinization plant, provided that the facilities comply with all applicable state and federal regulations.
26. Density Bonus for a Housing Development Project in Which the Density Increase Is Greater than the Maximum Permitted in Section 12.22 A.25.
(a) In addition to the findings set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code, the City Planning Commission shall find that:
(1) the project is consistent with and implements the affordable housing provisions of the Housing Element of the General Plan;
(2) the project contains the requisite number of Restricted Affordable Units, based on the number of units permitted by the maximum allowable density on the date of application, as follows:
(i) 11% Very Low Income Units for a 35% density increase; or
(ii) 20% Low Income Units for a 35% density increase; or
(iii) 40% Moderate Income Units for a 35% density increase in for-sale projects.
The project may then be granted additional density increases beyond 35% by providing additional affordable housing units in the following manner:
(iv) For every additional 1% set aside of Very Low Income Units, the project is granted an additional 2.5% density increase; or
(v) For every additional 1% set aside of Low Income Units, the project is granted an additional 1.5% density increase; or
(vi) For every additional 1% set aside of Moderate Income Units in for-sale projects, the project is granted an additional 1% density increase; or
(vii) In calculating the density increase and Restricted Affordable Units, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
(3) the project meets any applicable dwelling unit replacement requirements of California Government Code Section 65915(c)(3);
(4) the project’s Restricted Affordable Units are subject to a recorded affordability restriction of 55 years from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Housing and Community Investment Department, and subject to fees as set forth in Section 19.14 of the Los Angeles Municipal Code; and
(5) the project addresses the policies and standards contained in the City Planning Commission’s Affordable Housing Incentives Guidelines.
27. Floor area bonus for a residential (including Apartment Hotel and mixed-use) building in the Greater Downtown Housing Incentive Area where the floor area bonus exceeds that permitted pursuant to Section 12.22 A.29. of this Chapter.
In addition to the findings set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code, the City Planning Commission shall find:
(a) that the project is consistent with and implements the affordable housing provisions of the General Plan’s Housing Element; and
(b) that any residential building (including Apartment Hotels and mixed-use buildings) in the Central City Community Plan Area conforms with the Urban Design Standards and Guidelines for the Central City Community Plan Area.
28. Solid Waste Alternative Technology Processing Facilities in the M2, M3, and PF Zones. In addition to the other findings required by Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code, the City Planning Commission shall make all of the following findings:
(a) that the proposed location of the facility will not result in an undue concentration of solid waste alternative technology processing facilities in the immediate area, will not create a cumulative impact with special consideration given to the location of solid waste facilities already permitted and will support the equitable distribution of these facilities citywide;
(b) that an effort was made to locate the facility in close proximity to existing solid waste facilities, transfer stations, solid waste resource collection vehicle yards, material recovery facilities and green waste processing facilities;
(c) that the facility will not detrimentally affect nearby residential uses and other sensitive land uses, taking into consideration the number and proximity of residential buildings, churches, schools, hospitals, public playgrounds, nursing homes, day care centers, and other similar uses within a 1,500 foot radius of the proposed site;
(d) that the facility operator will provide a language appropriate quarterly newsletter and other benefits to businesses and residents likely to be impacted by this facility, taking into consideration the location of the proposed site and nearby uses;
(e) that the facility and the vehicles serving the facility are designed, constructed and operated to ensure that they will not create noise, odor, or visual blight that is detrimental to nearby uses;
(f) that access to the facility, on-site parking and vehicle storage will not constitute a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets; and
(g) that hazardous waste and household hazardous waste as defined in the California Code of Regulations, Title 22, Section 66260.10, universal waste as defined in the California Code of Regulations, Title 22, Section 66261.9, radioactive waste as defined in Section 114985 of the California Health and Safety Code and medical waste as defined in Section 117690 of the California Health and Safety Code, will not be received at the facility.
29. Petroleum-Based Oil Refineries (production of petroleum-based fuels, asphalt, coke or similar products) in an M3 Zone:
(a) Project Types.
(1) New refineries;
(2) Existing refineries expanding operations beyond the current property lines.
(b) Requirements.
(1) Current compliance with all of the required Unified Programs (Unified Hazardous Waste and Hazardous Materials Management Regulatory Program). California Environmental Reporting System (CERS) database submittals may serve as proof of compliance.
(2) Submittal of a health impact assessment of the project for the surrounding vicinity identifying pollution and population indicators, such as, but not limited to, those analyzed in the California Communities Environmental Health Screening Tool; the number of people affected by the project; short term or permanent impacts caused by the project; likelihood that impacts will occur; and recommended mitigation measures.
(3) Submittal of a truck routing plan that minimizes the incidence of a commercial truck traveling past residences, churches, schools, hospitals, public playgrounds, nursing homes, day care centers, and other similar uses.
30. Mixed Commercial / Residential Use Developments.
(a) Findings. In addition to the findings set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A
of this Code, the City Planning Commission shall find that:
(1) the project is consistent with and implements the affordable housing provisions of the General Plan’s Housing Element;
(2) the project will further the City’s goal of achieving an improved jobs-housing relationship, which is needed to improve air quality in the City;
(3) pursuant to an agreement entered into under Government Code Sections 65915 - 65918, the project will include the number of Restricted Affordable Units as set forth in Section 12.24 U.26.(a)(1) through (5) of this Chapter, with any percentage increase in floor area treated the same as a percentage increase in density for purposes of calculating the number of Restricted Affordable Units;
(4) the affordability of all reserved lower income dwelling units will continue for a minimum of 55 years;
(5) the construction and amenities provided for the reserved lower income dwelling units will be comparable to those provided for the market rate dwelling units in the development, including the average number of bedrooms and bathrooms per dwelling unit; and
(6) the approval of a mixed use development on the site will provide for affordable housing costs in the housing development.
(b) Only residential dwelling units shall be considered a residential use for purposes of this subdivision’s provisions regarding mixed commercial / residential use developments.
(c) In approving a mixed commercial / residential use development in Height District No. 1, the City Planning Commission may permit a floor area ratio for the development not to exceed three times the buildable area of the lot.
(d) In approving a mixed commercial / residential use development, the City Planning Commission may permit a floor area ratio for the development not to exceed twelve times the buildable area of the lot, when the development is located:
(1) in Height District Nos. 2, 3 or 4;
(2) not more than 1,500 feet distant from the portal of a fixed rail transit or bus station or other similar transit facility; or
(e) Any floor area above the maximum allowed in the plan or the zone, whichever is less, shall be utilized solely for residential development.
(f) The provisions of this subdivision may not be used in combination with the provisions of Subsection W.15., but may be used in combination with the provisions of Section 12.22 A.18.
V. (This subsection intentionally left blank.)
W. Authority of the Zoning Administrator for Conditional Uses / Initial Decision. The following uses and activities may be permitted in any zone, unless restricted to certain zones or locations, if approved by the Zoning Administrator as the initial decision-maker or the Area Planning Commission as the appellate body. The procedures for reviewing applications for these uses shall be those in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code in addition to those set out below.
1. The sale or dispensing for consideration of alcoholic beverages, including beer and wine, for consumption on the premises or off-site of the premises in the CR, C1, C1.5, C2, C4, C5, CM, MR1, MR2, M1, M2 and M3 Zones, or as an incidental business in or accessory to the operation of clubs, lodges, hotels or apartment hotels, or as an incidental business in or accessory to a conditional use approved pursuant to the provisions of this section, provided that:
(a) Findings. In addition to the findings otherwise required by Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall make all of the following findings:
(1) that the proposed use will not adversely affect the welfare of the pertinent community;
(2) that the granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Control’s guidelines for undue concentration; and also giving consideration to the number and proximity of these establishments within a one thousand foot radius of the site, the crime rate in the area (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area; and
(3) that the proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.
(b) Notice to Councilmember. Whenever an application for a conditional use has been filed pursuant to this subdivision, the Zoning Administrator shall give notice of this fact promptly to the councilmembers whose districts include portions of the area of the City involved.
(c) Limitations. The provisions of this Subdivision shall not apply to the sale or dispensing for consideration of alcoholic beverages, including beer and wine, for consumption off-site of any premises located within the area of an operative specific plan which provides for conditional use approval for sale or dispensing. If that specific plan ceases to be operative, then a conditional use approval granted pursuant to the provisions of that specific plan for sale or dispensing may continue subject to the same rights and limitations as a conditional use granted pursuant to the provisions of this Section.
(d) Existing Uses. The use of a lot for an establishment dispensing, for sale or other consideration, alcoholic beverages, including beer and wine, for on-site or off-site consumption may not be continued or re-established without conditional use approval granted in accordance with the provisions of this Section if, after September 13, 1997, there is a substantial change in the mode or character of operation of the establishment, including any expansion by more than 20 percent of the floor area, seating or occupancy, whichever applies; except that construction for which a building permit is required in order to comply with an order issued by the Department of Building and Safety to repair or remedy an unsafe or substandard condition is exempt from this provision. Any expansion of less than 20 percent of the floor area, seating or occupancy, whichever applies, requires the approval of plans pursuant to Subsection H. (Modification of Entitlement) of Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code.
(e) Exceptions. Notwithstanding Paragraph (d) above, conditional use approval or a plan approval shall not be required solely for the purposes of providing an Outdoor Dining Area pursuant to LAMC Section 12.21 A.24. (Added by Ord. No. 188,073, Eff. 1/31/24.)
2. Automotive fueling and service stations, but not including automobile laundry or wash rack in the C1.5 and C4 Zone, subject to:
(a) The site shall abut a major or secondary highway;
(b) No service station activities, other than a public parking area, shall be located within 20 feet of an A or R Zone;
(c) The requirements of Paragraphs (a), (b), (c), (d) and (g) of Section 12.14 A.6. shall apply;
(d) Driveways shall be located and designed so as to minimize conflicts with pedestrian and vehicular traffic, and on a corner lot shall be located 25 feet or more from the intersection of the street lot lines;
(e) Display of merchandise for sale shall be permitted only within enclosed buildings, on the pump islands, in the open within three feet of the exterior walls of the main building, and in not more than two portable or semi-portable cabinets, provided each of the cabinets does not exceed six feet in height, nor 40 square feet in base area, and provided further that these cabinets are located not less than 50 feet from all street lines;
(f) There shall be no rental of equipment, trailers or vehicles;
(g) Storage of materials or equipment shall be permitted only within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence, not less than six feet in height;
(h) Not more than two signs which are freestanding or which project more than two feet above the roof of a building to which they are attached, and not more than two portable signs, shall be permitted;
(i) One percent or more of the area of the lot shall be suitably landscaped and provision shall be made for maintenance of landscaped areas.
3. Automotive repair in the C4 Zone.
(a) Standards. In making a determination on an application for a conditional use filed pursuant to this subdivision, a Zoning Administrator may consider all of the applicable provisions of Section 12.22 A.28. of this Chapter as establishing minimum standards for the approval of automotive uses.
(b) Supplemental Findings. In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find:
(1) that project approval will not create or add to a detrimental concentration of automotive uses in the vicinity of the proposed automotive use;
(2) that based on data provided by the Department of Transportation or a licensed traffic engineer, ingress to, egress from and associated parking of the automotive use will not constitute a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets;
(3) that any spray painting will be conducted within a fully enclosed structure located at least 500 feet away from a school or A or R zone, and that all spray painting will be conducted in full compliance with the provisions of Article 7, Chapter 5 of this Code, as well as South Coast Air Quality Management District Rules 1132 and 1151, regulating these installations; and
(4) that the applicant has submitted an appropriate landscape plan setting forth all plant materials and irrigation systems, and a written maintenance schedule indicating how the landscaping will be maintained.
5. Bovine feed or sales yards, riding academies or the commercial grazing, breeding, boarding, raising or training of domestic animals in the A1 or A2 Zones; and the raising, grazing, breeding, boarding or training of equines, riding academies or stables in the RA, MR or M1 Zones.
6. Cattle or goat dairies in the A1 or A2 Zones.
7. (This paragraph intentionally left blank.)
8. Chipping and grinding facilities in the M2 Zone where these facilities are not conducted within a wholly enclosed building.
9. Churches (except rescue mission or temporary revival) in the A, RE, RS, R1, RU, RZ, RMP, RW1, R2, RD, RW2, R3, C1, C1.5, CM or M Zones.
10. Circus quarters or menageries in the A Zones and MR2 Zone.
12. Columbariums, crematories or mausoleums, other than in cemeteries, in the A, R, C (except CR), M1 and MR2 Zones.
13. Community antenna facilities franchised by the City of Los Angeles for cable television or radio service in the A, R, C1 or C1.5 Zones.
14. Counseling and referral facilities in the R3, R4 and R5 Zones; provided that, in addition to the findings otherwise required by this section, the Zoning Administrator shall also specifically find that:
(a) The facility will serve the immediate neighborhood in which it is to be located; and
(b) No commercially zoned property equally accessible to that neighborhood is reasonably available for the location of the facility.
15. Developments Combining Residential and Commercial Uses in the R5 Zone when located outside the Central City Community Plan Area. Any use or combination of uses in the CR, C1, C1.5, C2, C4, C5 or R5 Zones may be authorized. (For mixed use developments permitted by right, see Section 12.22 A.18. of this Code.)
16. Drive-in theaters in the A, R or C1 Zones.
17. Drive-through fast-food establishments in all C Zones, except the CR Zone, when located on a lot, the lot line of which adjoins, is across the street from, or separated only by an alley from, any portion of a lot or lots in a residential zone or use or the RA Zone. In addition to the findings otherwise required by Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall also find:
(a) that residential uses in the vicinity of a proposed drive-through fast-food establishment will be adequately protected from any significant noise resulting from outdoor speakers, autos, or other sources of noise associated with the lot;
(b) that all stationary light generated on the lot is screened to avoid any significant adverse impact on nearby residential uses; and
(c) that trash storage, trash pickup hours, driveways, parking locations, screening walls, trees and landscaping are provided for and located so as to minimize disturbance to the occupants of nearby residential uses, and to enhance the privacy of those uses.
18. The following entertainment uses in the zones specified:
(a) Dance Halls in the C2, C4, C5, CM, M1, M2 or M3 Zones.
(b) Hostess dance halls in the C2, C5, CM, M1, M2 or M3 Zones.
19. Floor area ratio averaging and residential density transfer in unified developments.
(a) Floor Area Ratio Averaging. The averaging of floor area ratios may be permitted for buildings which will comprise a unified commercial, industrial, or mixed-use development in the C or M zones citywide or in the R5 zone within the Central City Community Plan Area, even if buildings on each individual parcel or lot would exceed the permitted floor area ratio. However, the floor area ratio for the unified development, when calculated as a whole, may not exceed the maximum permitted floor area ratio for the height district(s) in which the unified development is located.
(b) Residential Density Transfer. The transfer of residential density may be permitted for buildings which will comprise a unified mixed-use development in the C zones citywide or in the R5 zone within the Central City Community Plan Area, even if buildings on each individual parcel or lot would exceed the permitted density. However, the number of all dwelling units and guest rooms for the unified development, when calculated as a whole, may not exceed the maximum number permitted based on the minimum lot area per dwelling unit and guest room standards set forth in the zone(s) in which the unified development is located.
(c) Definition. A unified development for purposes of this subdivision shall mean a development which is:
(1) a combination of functional linkages, such as pedestrian or vehicular connections;
(2) in conjunction with common architectural and landscape features, which constitute distinctive design elements of the development;
(3) is composed of two or more contiguous parcels, or lots of record separated only by a street or alley; and
(4) when the development is viewed from adjoining streets appears to be a consolidated whole.
(d) Supplemental Finding. In addition to the findings otherwise required by Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, before granting an approval, the Zoning Administrator shall find that the development, although located on separate parcels or lots of record, is a unified development as defined by this Subdivision.
(e) Procedures. In addition to the requirements of Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, all persons with an ownership interest in the property requesting floor area ratio averaging, residential density transfer, or both, and all persons with mortgage interests, including those persons holding ground leases, must sign the application. A current title search shall be submitted with the application to ensure that all persons with an ownership interest in the property have signed the application.
(f) Covenant. If the Zoning Administrator approves the floor area ratio averaging or residential density transfer, then the applicants shall file a covenant running with the land with the Department of Building and Safety prior to the issuance of any building permits:
(1) guaranteeing to continue the operation and maintenance of the development as a unified development;
(2) indicating the floor area and, if applicable, density used on each parcel and the floor area and, if applicable, density potential, if any, that would remain;
(3) guaranteeing the continued maintenance of the unifying design elements; and
(4) specifying an individual or entity to be responsible and accountable for this maintenance and the fee for the annual inspection of compliance by the Department of Building and Safety, required pursuant to Section 19.11 of this Chapter.
20. Foundries in the MR1 Zone.
21. Fraternity or sorority houses in the A, R1, RU, RZ, RMP, RW1, R2, RD, RW2 or R3 Zones.
22. Garbage, fat, offal, or dead animal reduction, or rendering in the M3 Zone, provided the site is located at least 500 feet from a more restrictive zone.
23. Heliport incidental to an office building, hospital or residential use.
24. (Deleted by Ord. No. 188,072, Eff. 7/1/24.)
25. Kennels or facilities for breeding and boarding of animals (no outside keeping of animals - no open runs) in the M Zones where any portion of the parcel is located within 500 feet of any residential zone.
26. Miniature or pitch and putt golf courses, golf driving tees or ranges, and similar commercial golf uses, in the A, R, or C1 Zones.
27. Mini-Shopping Centers in the C, M1, M2, or M3 Zones and Commercial Corner Developments in any C or M zone, the lot line of which adjoins, is separated only by an alley, or is located across the street from any portion of a lot zoned A or R which: (1) contain a commercial use not otherwise subject to conditional use approval which operates between the hours of 11 p.m. and 7 a.m.; (2) contain an amusement enterprise as enumerated in Section 12.14 A.3. of this Chapter; (3) contain an automobile laundry or wash rack; and/or (4) do not comply with the requirements and conditions enumerated in Section 12.22 A.23. of this Chapter.
(a) Standards. In making a determination on an application for a conditional use filed pursuant to this Subdivision, a Zoning Administrator may consider the provisions of Section 12.22 A.23. of this Chapter as establishing minimum standards for the approval of a Mini-Shopping Center or Commercial Corner Development, provided, however, that no building or structure shall exceed the height requirements set forth in Section 12.22 A.23.(a)(1) of this Chapter.
(b) Findings. In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find:
(1) that based on data provided by the City Department of Transportation or by a licensed traffic engineer, that ingress to and egress from the project will not create a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets; and
(2) that project approval will not create or add to a detrimental concentration of Mini-Shopping Centers or Commercial Corner Developments in the vicinity of the proposed project.
(c) Mini-Shopping Center and Commercial Corner Development Regulations. Project review pursuant to the Mini-Shopping Center Commercial Corner Development regulations in Section 12.22 A.23. shall not be required for projects in those specific plan areas, as determined by the Director, where similar mini-shopping center or commercial corner development regulations are established by the specific plan and significant project environmental impacts, if any, are mitigated by the measures imposed in the Project Compliance.
28. Two or more development incentives pursuant to Section 13.09 E.4. for a Mixed Use Project in a Mixed Use District. In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find that the project provides for an arrangement of uses, buildings, structures, open spaces and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.
29. Mortuaries or funeral parlors in the C2, C4, C5, CM or M1 Zones.
30. Nightclubs or other establishments offering dancing or live entertainment in conjunction with a restaurant within the area governed by the Westwood Village Specific Plan.
31. Nurseries, including accessory buildings, necessary only for the growing of flowers, shrubs and trees, but not including any store or office building nor any retail sales on the premises, in the R, C1 and C1.5 Zones.
32. Outdoor Dining Areas that Deviate from the Standards Set Forth in LAMC Section 12.21 A.24.(d)(1)(i) and (ii) But Maintain a Valid Certificate of Occupancy or Valid Permit Issued by LADBS for an Outdoor Dining Area in the RAS3, RAS4, CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones or wherever restaurants are permitted. (Amended by Ord. No. 188,073, Eff. 1/31/24.)
33. Pawnshops in the C2, C5, CM, M1, M2 and M3 Zones.
34. Penny arcades containing five or more coin or slug-operated or electrically, electronically or mechanically controlled game machines in the C2, C5, CM, M1, M2 or M3 Zones.
35. Private clubs in the A, R1, RU, RZ, RMP, RW1, R2, RD, RW2, R3 or R4 Zones.
36. Professional uses in the R4 or R5 Zones, provided the property fronts a major or secondary highway as these highways are shown on the Highways and Freeways Element of the General Plan, and provided further that these uses shall be conducted within a one or two-family dwelling, the residential character of which shall not be changed, and that no signs shall be permitted other than those specifically allowed in the zone or by a Zoning Administrator.
37. Public parking areas in the A or R Zones.
38. Reduced on-site parking for Senior Independent Housing, Assisted Living Care Housing, and/or a Housing Development Occupied By Disabled Persons in the RD, R3, RAS3, R4, RAS4, or R5 Zones, CR, C1, C1.5, C2, C4 or C5 Zones, provided that:
(a) For purposes of this subdivision, a disabled person is a person who has: (a) physical or mental disabilities, which seriously restricts that person from operating a motor vehicle; (b) is expected to be of long, continued and indefinite duration; (c) substantially impedes the person’s ability to live independently; and (d) is of a nature that the ability to live independently could be improved by more suitable housing conditions.
(b) Parking spaces may be reduced to 25 percent of the number otherwise required by Section 12.21 A.4.(u).
(c) The reduced number of parking spaces provided for each development shall be determined by a Zoning Administrator on the basis of:
(1) anticipated parking needs of occupants, employees and visitors; and
(2) availability of public transit; and
(3) access from the site to medical facilities, shopping, commercial services and community facilities.
(d) Each application for reduction of parking spaces shall be referred promptly for review to the Councilmember of the district in which the property is located.
(e) When a reduction of parking spaces is approved, the owner of the land shall furnish and record an agreement in the Office of the County Recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the City of Los Angeles, providing that, should the use change, the owner will develop the parking spaces to meet the requirements of Sections 12.21 A.4. and 5.
39. The rental, storage or storage for rental purposes of household moving rental trucks and utility rental trailers including those which exceed a registered net weight of 5,600 pounds in the C2, C5, CM and MR1 Zones. When acting on an application, a Zoning Administrator shall consider, among other criteria, the following:
(a) that its operation would provide an essential service or retail convenience to the immediate residential neighborhood or a benefit to the community; and
(b) that its operation will be reasonably compatible with and not be detrimental to the public welfare or injurious to the improvements and use of adjacent properties.
40. Restaurant (including café) for the use of the general public in the MR1 and MR2 Zones.
41. The sale of firearms and/or ammunition in the C1, C1.5, C2, C4, C5, CM, M1, M2 and M3 Zones. In addition to the findings otherwise required by this section, the Zoning Administrator shall also consider whether the proposed use will result in an over-concentration of this use in the area, and the number of firearms available for sale at the site.
42. The sale of merchandise:
(a) From a privately owned vacant lot in the C1, C2, M2, and M3 Zones in the open;
(b) From a drive-in theater in the M2 and M3 Zones in the open; or
(c) At an indoor swap meet in the C1, C1.5, C2, C4, C5, M1, M2, and M3 Zones. For purposes of this paragraph, the following definitions shall apply:
(1) “Indoor swap meet” shall mean any event where new or secondhand goods are offered or displayed for sale or exchange by ten or more independent vendors within a completely enclosed building. An independent swap meet vendor is any individual, partnership, corporation, business association or other person or entity who is not an employee of the owner or lessee of the subject building; and
(i) A fee is charged by a swap meet operator for the privilege of offering or displaying new or secondhand goods for sale or exchange; or
(ii) A fee is charged to prospective buyers for admission to the area where new or secondhand goods are offered or displayed for sale or exchange.
(2) “Mini-shopping center” shall mean any development,
(i) with a lot area of less than forty-five thousand square feet, used for two or more retail sales, services or restaurants, or their combination;
(ii) with the structure or structures located in close proximity to the rear lot line and/or side lot line, and
(iii) with surface parking situated between the structure or structures and the street.
(3) A “shopping center” or “industrial center” is defined as a unit group of buildings used for commercial and/or industrial purposes together with open space and vehicle parking areas where the occupants of the buildings and their customers have a joint right to use the open space and vehicle parking areas.
EXCEPTIONS: The provisions of this subdivision shall not apply to a retail store or shop in a “mini-shopping center”, in a “shopping center” or in an “industrial center” as defined in Subparagraphs (2) and (3) above, unless that store or shop is being used as the location of an indoor swap meet as defined in Subparagraph (1) above.
43. (This paragraph intentionally left blank.)
44. (This paragraph intentionally left blank.)
45. Stand for display or sale of agricultural and farm products raised or produced on the same premises in the RA Zone.
46. Swine keeping, more than five, in the A1 Zone, and swine keeping in the A2 and RA Zones.
47. Temporary geological exploratory core holes in all zones except the M3 Zone. The Zoning Administrator may approve the use of a site for a period of time deemed necessary to drill, test and abandon temporary geological exploratory core hole(s) provided that the time period may not exceed 200 days unless the Zoning Administrator finds that the drilling activities cannot be completed within 200 days due to depth, or deviation, or number of temporary geological exploratory core hole(s) to be drilled. However, in no event shall the Zoning Administrator increase the time period beyond 200 days by more than an additional 165 days.
48. Temporary storage of abandoned, partially dismantled, obsolete or wrecked automobiles (not including the dismantling or wrecking of automobiles or the storage or sale of used parts) in the C2, C4, C5, CM, MR1, or M1 Zones.
49. Wireless telecommunication facilities, including radio and television transmitters citywide, other than wireless antennas and associated equipment cabinets on the rooftops of buildings in the C and M Zones, including geographic specific plan areas, which conform to the provisions of Section 12.21 A.21. of this Chapter:
(a) In all zones, except the M1, M2 or M3 Zones;
(b) In the M1, M2, or M3 Zones when the property containing the facility is located across the street from, abutting, or adjoining a residential use or A or R Zone, including the RA Zone, and/or if the facility cannot meet the Wireless Telecommunication Facilities standards contained in Section 12.21 A.20. of this Chapter;
(c) In geographic specific plan areas, except for those located within scenic corridors, scenic parkway specific plan areas or upon roadways designated as scenic highways within specific plan areas, which shall all be reviewed pursuant to Sec. 13B.4.5. (Project Exception) of Chapter 1A of this Code; and
(d) On the rooftops of buildings which are designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historic Resources, the City of Los Angeles List of Historic-Cultural Monuments, or a Contributing Structure located in an Historic Preservation Overlay Zone (HPOZ) that has been established pursuant to Section 12.20.3 of this Chapter and Div. 13B.8. (Historic Preservation) of Chapter 1A of this Code.
(e) Supplemental Findings. In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall consider and balance the benefit of the project to the public with the facility’s technological constraints, design, and location, as well as other relevant factors, and in doing so find that the project is consistent with the general requirements of the Wireless Telecommunication Facilities Standards set forth in Section 12.21 A.20. of this Chapter.
50. Storage buildings for household goods, including truck rentals, in the C2, C5 and CM Zones; and in the M1, M2 and M3 Zones when within 500 or fewer feet from an A or R Zone or residential use, as measured from the external lot line closest to the A or R Zone. In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find that the project provides for an arrangement of uses, buildings, structures, open spaces and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.
51. Child care facilities or nursery schools in the A, RE, RS, R1, RU, RZ, RMP, RW, R2, R3, RAS3, or RD Zones, and in the CM and M Zones when providing care primarily for children of employees of businesses/industries in the vicinity.
52. Project(s) in Neighborhood Stabilization Overlay (NSO) Districts in the R2, RD, R3, RAS, R4, R5, CR, C1, C1.5, C2, C4 C5, or CM zones that create at least one dwelling unit with five or more habitable rooms.
(a) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A
of this Code, and the requirements of Section 12.21 A.4.(a) of this Chapter relating to Off-Street Automobile Parking, the Zoning Administrator shall make the following findings:
(1) That the Project provides additional on-site parking under Section 13.12 C.2. of this Chapter;
(2) That there is no detrimental concentration of large scale, campus serving housing within a one-thousand-foot radius of the proposed Project; and
(3) That the Project conforms to any applicable Historic Preservation Overlay Zone (HPOZ) or Specific Plan.
53. Structures solely supporting solar energy systems not otherwise permitted. A Zoning Administrator may, upon application, permit structures that solely support solar energy systems that deviate from any regulation in the zoning code, such as height, lot coverage, and location.
X. Further Authority of the Zoning Administrator for Other Similar Quasi-Judicial Approvals. The following uses and activities may be permitted in any zone, unless otherwise restricted to certain zones or locations, pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall make all applicable findings set forth below. Further, these uses and activities are subject to the additional procedures, regulations and limitations set forth below.
1. Adaptive Reuse Projects. A Zoning Administrator may, upon application, permit Adaptive Reuse Projects pursuant to this subdivision. Except that, the provisions of this subdivision shall not apply to those areas set forth in the Adaptive Reuse Incentive Areas Specific Plan, Ordinance No. 175,038. Furthermore, the provisions of this Subdivision shall not apply to the M Zones outside the Downtown Project Area. The boundaries of the Downtown Project Area are described in Section 12.22 A.26.(g) of this Chapter.
In conformance with Paragraph (b) below, the Zoning Administrator may permit Adaptive Reuse Projects in the M Zones inside the Downtown Project Area. Outside the Downtown Project Area, the Zoning Administrator may permit Adaptive Reuse Projects in the C and R5 Zones.
In conformance with Paragraph (c) below, the Zoning Administrator may permit Adaptive Reuse Projects in the C and R5 Zones in all or any portion of a building constructed on or after July 1, 1974, inside the Downtown Project Area.
In conformance with Paragraph (d) below, the Zoning Administrator may permit floor area averaging in unified Adaptive Reuse Projects in the C, M and R5 Zones inside the Downtown Project Area. Outside the Downtown Project Area, the Zoning Administrator may permit this floor area averaging in the C and R5 Zones.
(a) Definitions. The definition of “Adaptive Reuse Project” set forth in Section 12.22 A.26.(c) of this Chapter shall apply inside the Downtown Project Area. Outside the Downtown Project Area, the following definitions shall apply:
Adaptive Reuse Project is any change of an existing Non-Residential Use to new dwelling units, guest rooms, or joint living and work quarters in all or any portion of any eligible building.
Non-Residential Use means any use other than dwelling units, guest rooms, or joint living and work quarters. Except that, if all the dwelling units, guest rooms or joint living and work quarters in an eligible building were completely and continuously unoccupied from March 1, 2002, through and including the date an application for an Adaptive Reuse Project is filed pursuant to this subdivision, then those units, rooms or quarters shall be considered to be a Non- Residential Use.
(b) C, M and R5 Zones. The following shall apply to Adaptive Reuse Projects in the MR1, MR2, M1, M2 and M3 Zones inside the Downtown Project Area; and to Projects in the CR, C1, C1.5, C2, C4, C5, CM and R5 Zones outside the Downtown Project Area:
(1) Eligible Buildings. A Zoning Administrator shall only permit Adaptive Reuse Projects in the following buildings:
(i) Buildings constructed in accordance with building and zoning codes in effect prior to July 1, 1974. A Certificate of Occupancy, building permit, or other suitable documentation may be submitted as evidence to verify the date of construction.
(ii) Buildings constructed in accordance with building and zoning codes in effect on or after July 1, 1974, if: five years have elapsed since the date of issuance of final Certificates of Occupancy; and the Zoning Administrator finds that the building is no longer economically viable in its current use or uses.
In making this finding, the Zoning Administrator shall consider the building’s past and current vacancy rate, existing and previous uses, and real estate market information. The Zoning Administrator may require the applicant to submit independently verified documentation.
(iii) Buildings designated on the National Register of Historic Places, the California Register of Historical Resources, or the City of Los Angeles List of Historic-Cultural Monuments. Contributing Buildings in National Register Historic Districts or Contributing Structures in Historic Preservation Overlay Zones (HPOZ) established pursuant to Section 12.20.3 of this Chapter and Div. 13B.8. (Historic Preservation) of Chapter 1A of this Code are also eligible buildings.
(2) Incentives and Exceptions. The Zoning Administrator may grant, modify or deny some or all of the incentives set forth in Section 12.22 A.26.(h) of this Chapter, or some or all of the exceptions set forth in Section 12.22 A.26.(j) of this Chapter, to Adaptive Reuse Projects proposed pursuant to this Subdivision. Furthermore, the Zoning Administrator shall have the authority to grant any other incentives or exceptions from the Code required to permit Adaptive Reuse Projects proposed pursuant to this Subdivision, including but not limited to the authority to permit dwelling units, guest rooms and joint living and work quarters in Adaptive Reuse Projects, notwithstanding the nonconforming provisions of Section 12.22 of this Chapter.
(3) Supplemental Findings and Conditions for the C and R5 Zones. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, if the Adaptive Reuse Project is in the CR, C1, C1.5, C2, C4, C5, CM or R5 Zones outside the Downtown Project Area, then the Zoning Administrator shall find that the Adaptive Reuse Project complies with the standards for dwelling units, guest rooms and joint living and work quarters set forth in Section 12.22 A.26.(i) of this Chapter. Exception: This finding is not required if the Zoning Administrator does not grant the density incentive set forth in Section 12.22 A.26.(h)(2) of this Chapter.
Before approving a reduced parking incentive pursuant to Subparagraph (2) above, the Zoning Administrator shall also find that the surrounding area will not be adversely affected by overflow parking or traffic congestion originating or terminating at the site of the Adaptive Reuse Project.
(4) Supplemental Findings and Conditions for the M Zones. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, if the Adaptive Reuse Project is in the MR1, MR2, M1, M2 or M3 Zones inside the Downtown Project Area, then the Zoning Administrator shall:
(i) Require that one or more signs or symbols of a size and design approved by the Fire Department are placed by the applicant at designated locations on the exterior of each Adaptive Reuse Project to indicate the presence of residential uses;
(ii) Limit the occupations permitted in joint living and work quarters to the following: accountants; architects; artists and artisans; attorneys; computer software and multimedia related professionals; consultants; engineers; fashion, graphic, interior and other designers; insurance, real estate and travel agents; photographers and similar occupations;
(iii) Find that the Adaptive Reuse Project complies with the standards for dwelling units, guest rooms, and joint living and work quarters set forth in Section 12.22 A.26.(i) of this Chapter;
(iv) Find that the uses of property surrounding the proposed location of the Adaptive Reuse Project will not be detrimental to the safety and welfare of prospective residents; and
(v) Find that the Adaptive Reuse Project will not displace viable industrial uses.
(c) Buildings constructed on or after July 1, 1974. The provisions of Section 12.22 A.26. of this Chapter shall apply to Adaptive Reuse Projects in all or any portion of a building constructed on or after July 1, 1974, in the CR, C1, C1.5, C2, C4, C5, CM, or R5 Zones inside the Downtown Project Area if: five years have elapsed since the date of issuance of final Certificates of Occupancy; and a Zoning Administrator finds that the building is no longer economically viable in its current use or uses.
In making this finding, the Zoning Administrator shall consider the building’s past and current vacancy rate, existing and previous uses, and real estate market information. The Zoning Administrator may require the applicant to submit independently verified documentation.
(d) Floor Area Averaging. The following shall apply to applications to permit floor area averaging in unified Adaptive Reuse Projects in the CR, C1, C1.5, C2, C4, C5, CM, MR1, MR2, M1, M2, M3, or R5 Zones inside the Downtown Project Area; and to such applications in the CR, C1, C1.5, C2, C4, C5, CM, or R5 Zones outside the Downtown Project Area.
The Zoning Administrator may permit averaging of floor area in unified Adaptive Reuse Projects for purposes of determining compliance with the 750 square foot minimum average unit size standard for dwelling units and joint living and work quarters, as set forth in Section 12.22 A.26.(i) of this Chapter. For purposes of this Subdivision, a unified Adaptive Reuse Project means an Adaptive Reuse Project composed of two or more buildings, so long as the Project has all of the following characteristics: (a) functional linkages, such as pedestrian or vehicular connections; (b) common architectural and landscape features, which constitute distinctive design elements of the Project; and (c) a unified appearance when viewed from adjoining streets. Unified Adaptive Reuse Projects may include lots that abut or are separated only by an alley or are located across the street from any portion of each other.
Individual buildings may fall below the minimum average unit size standard, so long as the average size of all the dwelling units and joint living and work quarters in the unified Adaptive Reuse Project is at least 750 square feet, and no dwelling unit or joint living and work quarters is less than 450 square feet in area. The Zoning Administrator shall determine whether a Project meets the definition of a unified Adaptive Reuse Project as set forth above. All owners of the property requesting floor area averaging must sign the application. A current title search shall be submitted with the application to insure that all required persons have signed the application.
If the Zoning Administrator approves the floor area averaging, then all owners of the property requesting floor area averaging and all owners of each lot contained in the unified Adaptive Reuse Project shall execute and record an affidavit. A copy of each executed and recorded affidavit shall be filed with the Office of Zoning Administration. Each affidavit shall run with the land, be approved by the Zoning Administrator prior to the issuance of any building permits, and shall guarantee the following: (1) The use of any floor area converted to dwelling units or joint living and work quarters shall be maintained and not changed; and (2) The number of these units or quarters approved by the Zoning Administrator shall not be increased.
(e) Procedures. An application for permission pursuant to this Subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. However, the Zoning Administrator may waive the public hearing required in that section if the owners of all properties abutting, across the street or alley from, or having a common corner with the building have expressed in writing no objections to the Adaptive Reuse Project.
2. Alcoholic Beverages. A Zoning Administrator may, upon application, permit a restaurant, with seating on the premises for no more than 50 persons, to offer for sale or to dispense for consideration alcoholic beverages, including beer and wine, incidental to meal service.
(a) Procedures. Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, an application for permission pursuant to this Subdivision shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application. If, however, the applicant submits with its application the written approval of owners of all properties abutting, across the street or alley from, or having a common corner with the subject corner, then the matter does not have to be set for public hearing.
(b) Supplemental Findings. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall also find:
(1) that the restaurant contains a kitchen as defined in Section 12.03 of this Chapter;
(2) that the primary use of the restaurant premises is for sit-down service to patrons;
(3) that any take-out service is only incidental to the primary sit-down use;
(4) that the restaurant is not located within 600 feet of a hospital, church, school (including day-care center), public park or playground, or youth facility; and
(5) that the hours of operation will not adversely affect the surrounding neighborhood.
(c) Conditions. The Zoning Administrator may impose any conditions necessary to assure that the premises continue to operate in a manner consistent with the findings. In addition, any application approved pursuant to this Subdivision shall be subject to the following conditions and restrictions:
(1) Alcoholic beverages, including beer and wine, may be sold or dispensed for consideration for consumption on the premises only, and only when served at tables or sit-down counters by employees of the restaurant.
EXCEPTION: However, beer and wine may be sold or dispensed for consideration for consumption beyond the premises in a delicatessen (which is a restaurant having regular take-out service of prepared and unprepared foods), if and only if the sit-down food and beverage service area of the delicatessen occupies in excess of 50 percent of the floor area of the premises (exclusive of the kitchen, restroom, storage and utility areas);
(2) Dancing or live entertainment shall not be permitted on the premises;
(3) A separate cocktail lounge or bar shall not be located on the premises;
(4) Alcoholic beverages or beer or wine shall not be served in conjunction with the operation of any billiard or pool hall, bowling alley, or adult entertainment business as defined in Section 12.70 of this Chapter; and
(5) Alcoholic beverages shall not be sold, dispensed, or allowed to be consumed on the premises between the hours of midnight and 6 o’clock a.m.
3. Antennas. A Zoning Administrator may, upon application, permit amateur radio transmission and receiving antennas on lots in A and R Zones which exceed the maximum height otherwise permitted by the provisions of Section 12.21.1. of this Chapter.
(a) Application. The application shall include a plot plan, an elevation plan indicating the location and height of the proposed antenna and measures designed to minimize any adverse visual impacts from the antenna. These measures may include the construction of a retractable antenna, screening, painting or increased setbacks from property lines. Notice of the application shall be given to the Fire Department.
(b) Procedures. An application for permission pursuant to this Subdivision shall follow the procedures Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. The Zoning Administrator may waive the public hearing required in that Section if the applicant submits with the application the written approval of owners of all properties abutting, across the street or alley from, or having a common corner with the subject property.
(c) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall also consider the uses to which the proposed antenna will be put, and may give special consideration to an application involving public service uses, such as participation in a radio amateur emergency network.
4. (This paragraph intentionally left blank.)
5. Dwelling Adjacent to an Equinekeeping Use.
(a) Notwithstanding any provision of this Chapter to the contrary, the Zoning Administrator shall determine that the City may issue a building permit for any residential building which has a habitable room closer than 35 feet from a legally established equine use, if the Zoning Administrator determines that the residential building cannot reasonably be constructed at a location 35 feet or greater from a legally established equine use. This determination may be made after giving consideration to:
(1) Size and configuration of land parcel;
(2) Environmental conditions, including but not limited to topography, geology, drainage and soil;
(3) Public facilities and easements that restrict buildable area location;
(4) Economic hardship; and
(5) Feasibility of relocating the equine enclosure.
(b) Procedures. An application for permission pursuant to this Subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. Provided, however, that if the owners of all the private property contiguous to the property involved in the application sign a waiver of having a public hearing, then no notice or hearing shall be required.
6. Farmer’s Markets. A Zoning Administrator may, upon application, permit the operation of certified farmer’s 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, on any lot in an R Zone subject to the following:
(a) Application. A copy of each application shall be provided to the Councilmember of the district in which the property is located. A Zoning Administrator shall approve an application only if all the following requirements are met:
(1) The operation is conducted by one or more certified producers, by a nonprofit organization or by a local government agency;
(2) If selling fruits, nuts or vegetables, the producer is authorized by the County Agricultural Commissioner to sell directly to consumers these products that are produced upon the land which the certified producer farms and owns, rents, leases or sharecrops; and
(3) If selling eggs, honey, fish, and other seafood and freshwater products, live plants and other agricultural products, the market operator and producer secure all necessary licenses, certificates and health permits which are required to sell these products directly to consumers, provided these products are raised, grown or caught and processed, if necessary, in California.
(b) Procedures. An application for permission pursuant to this subdivision shall follow the procedures for set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. A hearing is not required if the applicant submits with its application the written approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property, and, in addition, the written approval of 60 percent of the owners of properties within a radius of 300 feet of the subject property.
(c) Requirements.
(1) All market activities shall be conducted only between the hours of 7:00 a.m. and 7:00 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 at any time 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, including noise resulting from the use of amplified sound equipment, shall not exceed the ambient noise levels applicable to an R Zone as set forth in Section 111.03 of the Municipal Code;
(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, 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 with the date and time received, and their disposition; and
(9) 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.
(d) Violations. The Zoning Administrator may consider revoking the grant for failure to maintain the site in a satisfactory manner or failure to comply with the requirements above.
7. Fences or Walls in A or R Zones.
(a) A Zoning Administrator may, upon application, permit fences, walls or gates not to exceed eight feet in height, including light fixtures, in the required front yard, side yard or rear yard of any lot or on the side lot line along the street of a reversed corner lot in the A and R Zones.
(b) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. A public hearing may not be required if the applicant submits with the application the written approval of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. However, for requests for fences in the required front yard, (except for game court fences) only the written approval of the owners of properties abutting on the side or across the street from the subject property need be submitted.
(c) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall consider the environmental effects and appropriateness of materials, design and location of any proposed fence or wall, including any detrimental effects on the view which may be enjoyed by the occupants of adjoining properties, and security to the subject property which the fence or wall would provide.
8. Fences within 1,000 Feet of Public Beach.
(a) A Zoning Administrator may, upon application, permit fences, walls or hedges, not exceeding six feet in height, in the required front yards of lots within groups of lots, provided all of the lots within a group are in an R Zone and are within 1,000 feet of a public beach, and further provided, that all of the lots are affected by the problems of lack of privacy, dogs being released upon the property by persons utilizing the public beaches, or refuse being strewn upon the property by persons utilizing the public beaches.
(b) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. A public hearing may not be required if the applicant submits with the application the written approval of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. However, for requests for fences in the required front yard, (except for game court fences) only the written approval of the owners of properties abutting on the side or across the street from the subject property need be submitted.
9. Foster Care Homes. Notwithstanding any other provision of this Chapter, any person may, with the express written permission of a Zoning Administrator and subject to the following limitations, use a dwelling unit for the operation of:
(a) A foster care home occupied by a total of five or six children in the A, R, CR, C1 or C1.5 Zones; provided that the total number of persons (including servants) living in any dwelling unit used as a foster care home shall not exceed eight; or
(b) Limitations.
(1) The floor space of any dwelling unit used as a foster care home shall not be increased for that use and the floor space shall not be arranged so that it would reasonably preclude the use of the buildings for purposes otherwise permitted in the zone in which the property is located.
(2) No permission for the operation of a foster care home shall become valid unless it is licensed for foster care use by the State of California, or other agency designated by the State, and the operation shall not be valid for more than one year.
(c) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
10. Height and Reduced Side Yards. A Zoning Administrator may, upon application, permit buildings and structures on a lot or group of lots in the RA, RE20, RE15, RE11, RE9, RS, R1 and R2 Zones where the lot is not located in a Hillside Area or Coastal Zone, to exceed the maximum height or number of stories otherwise permitted by the provisions of Section 12.21.1 of this Chapter; or to reduce the required side yards otherwise required in this Chapter.
(a) Supplemental Findings for Height. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, a Zoning Administrator shall find:
(1) that the increase in height shall not result in a building or structure that exceeds an overall height of 45 feet;
(2) that the increased height will result in a building or structure which is compatible in scale with existing structures and uses in the same zone and vicinity; and
(3) that the grant is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same zone and vicinity.
(b) Supplemental Findings for Reduced Yards. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, a Zoning Administrator shall find:
(1) that the reduction will not result in side yards of less than three feet; and
(2) that the reduction will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located.
(c) Procedures. An application for permission pursuant to this subdivision shall follow the procedures for set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
(d) Fees. Fees for these determinations shall be those provided pursuant to Section 19.01 U. of this Chapter when a public hearing is required and one-half the amount of that provided under Section 19.01 U. of this Chapter when the public hearing has been waived pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A
of this Code.
11. Hillside Area. A Zoning Administrator may, upon application, permit Buildings and Structures on Lots in the A1, A2, and RD Zones which are located in a Hillside Area as defined in Section 12.03 of this Chapter to:
(a) exceed the maximum 36-foot height limitation required by Section 12.21 A.17.(c);
(b) reduce the front or side yards required by Section 12.21 A.17.(a) and (b) of this Chapter;
(c) increase the maximum lot coverage limitations of Section 12.21 A.17.(f) of this Chapter; and
(d) reduce the number of off-street parking spaces otherwise required by Section 12.21 A.17.(h) of this Chapter.
(e) Supplemental Findings. In addition to the findings required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, a Zoning Administrator shall find the following:
(1) Height:
(i) that the increase in height will not result in a building or structure which exceeds an overall height of 45 feet; and
(ii) that the increase in height will result in a building or structure which is compatible in scale with existing structures in the vicinity; and
(iii) that the grant is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the area.
(2) Yards:
(i) that the reduction in yards will not result in side yards of less than four feet; and
(ii) that the reduction in yards will not be materially detrimental to the public welfare or injurious to the adjacent property or improvements.
(3) Lot Coverage:
(i) that the increase in lot coverage will not result in a total lot coverage in excess of 50 percent of the lot area;
(ii) that the increase in lot coverage will result in a development which is compatible in size and scale with other improvements in the immediate neighborhood; and
(iii) that the increase in lot coverage will not result in a loss of privacy or access to light enjoyed by adjacent properties.
(4) Off-Street Parking:
(i) that the reduction of the parking requirements will not create an adverse impact on street access or circulation in the surrounding neighborhood; and
(ii) that the reduction of the parking requirements will not be materially detrimental or injurious to the property or improvements in the vicinity in which the lot is located.
(5) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
12. Historic Buildings. A Zoning Administrator may, upon application, permit commercial uses in a building and/or permit reduced parking otherwise required in this Chapter, for a building that is designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historical Resources, the City of Los Angeles List of Historic-Cultural Monuments, or a Contributing Structure located in an Historic Preservation Overlay Zone (HPOZ) that has been established pursuant to Div. 13B.8. (Historic Preservation) of Chapter 1A
of this Code.
If the commercial use and/or reduction in parking involves any changes to the exterior physical appearance of the building, then the applicant must submit the following with an application for permission. If the building is a Contributing Structure in an HPOZ, an approved Certificate of Appropriateness must be submitted with the application for permission. If the building is a nationally, State or locally designated historically significant building outside of an HPOZ, written clearance from the General Manager of the Department of Cultural Affairs, or the General Manager’s designee, that the project complies with the Secretary of the Interior’s Standards for Rehabilitation must be submitted with the application for permission.
(a) The Zoning Administrator may permit one or more of the following commercial uses with reduced parking in the A1, A2, RA, RE, RS, R1, RU, RZ, RW1, R2, RD, RW2, R3, R4, and R5 Zones:
(1) Bed and Breakfast Facilities, subject to the following limitations:
(i) The owner must reside within the building;
(ii) Food service shall be limited to registered guests only. No restaurant or cooking facilities within guest rooms shall be permitted; and
(iii) No amplified music, lawn parties, private parties, receptions, outdoor weddings, or similar activities shall be allowed, unless specifically permitted by the Zoning Administrator.
(2) Joint living and work quarters for the following occupations: accountants; architects; artists and artisans; attorneys; computer software and multimedia related professionals; consultants; engineers; fashion, graphic, interior and other designers; insurance, real estate, and travel agents; photographers; and other similar occupations as determined by the Zoning Administrator.
(b) The Zoning Administrator may permit one or more of the following commercial uses with reduced parking in the RD, R3, R4, and R5 Zones:
(1) Full-service restaurants and cafes, subject to the following limitations:
(i) Seating capacity is limited to a maximum of 25 persons; and
(ii) Live entertainment is limited to one unamplified instrument and no amplification is used in conjunction with the entertainment, unless specifically permitted by the Zoning Administrator;
(2) Offices of civic and social organizations and philanthropic institutions;
(3) Offices for providers of professional services, including accountants; architects; attorneys; computer software and multimedia related professionals; consultants; engineers; fashion, graphic, interior and other designers; insurance, real estate, and travel agents; photographers; and other similar occupations as determined by the Zoning Administrator; and
(4) Retail sales, limited to no more than 800 square feet of floor area of the following uses on condition that no exterior displays or lawn sales are permitted:
(i) Antiques;
(ii) Art gallery;
(iii) Collectibles;
(iv) Florist shops; and
(v) Rare books, except those regulated under Section 12.70 of this Chapter.
(c) The Zoning Administrator shall have the authority to impose limitations on hours of operation, deliveries, and other restrictions and conditions necessary to ensure the compatibility of the commercial use with the surrounding area or HPOZ, or to protect the historic character of the building.
The Zoning Administrator may permit no more than one non-illuminated or non-neon wall sign or projecting sign. The sign must be made of wood and shall not exceed six square feet in area.
The Zoning Administrator may reduce or eliminate off-street automobile parking spaces required by this article if there is no area available for parking on the site, or if the provision of required parking would harm the historic character of the building.
(d) The Zoning Administrator may reduce or eliminate off-street automobile parking spaces required by this article in connection with a change of use in the CR, C1, C1.5, C2, C4, C5 or CM Zones if there is no area available for parking on the site, or if the provision of required parking would harm the historic character of the building.
(e) Supplemental Findings. In addition to the findings required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall also make the following findings before granting an application pursuant to this Subdivision:
(1) The commercial use and/or reduced parking is compatible with, and will not adversely impact property within, the surrounding area or HPOZ; and
(2) The commercial use and/or reduced parking is reasonably necessary to provide for the continued preservation of the historically significant building and is compatible with its historic character.
For applications for properties within HPOZs, the Zoning Administrator shall take into consideration the relationship between the approved Preservation Plan and the proposed commercial use and/or reduced parking.
(f) Procedure. When an application for permission pursuant to this Subdivision has been received and deemed complete for a Contributing Structure in an HPOZ, the Zoning Administrator shall notify the applicable Historic Preservation Board. When an application for permission has been received and deemed complete for a building that is designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historical Resources, or the City of Los Angeles List of Historic-Cultural Monuments, the Zoning Administrator shall notify the Cultural Heritage Commission.
Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code, an application for permission pursuant to this Subdivision shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application:
(1) When it can reasonably be anticipated that approval of the application could have a significant adverse effect on adjoining properties or on the immediate neighborhood; or
(2) When the application is likely to evoke public controversy.
In all other cases an application pursuant to this subdivision may not be set for public hearing, unless the Chief Zoning Administrator determines that a hearing would further the public interest.
If the application is for a Contributing Structure in an HPOZ, a public hearing may not be required if the applicant secures and submits with the application the written approval of the applicable Historic Preservation Board. Alternatively, if the applicant submits with the application the written approval of owners of all properties abutting, across the street or alley from, or having a common corner with the subject corner, then the matter may not be set for public hearing.
13. Joint Living and Work Quarters. A Zoning Administrator may, upon application, permit joint living and work quarters for artists and artisans, including individual architects and designers, in commercial and industrial buildings in the CR, MR1, MR2, M1, M2, and M3 Zones, and permit joint living and work quarters with reduced parking in the C1, C1.5, C2, C4, C5 and CM Zones.
(a) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall also find:
(1) that the uses of property surrounding the proposed location of the joint living and work quarters and the use of the proposed location will not be detrimental to the health, safety and welfare of prospective residents of the quarters; and
(2) that the proposed joint living and work quarters will not displace viable industrial uses and will not substantially lessen the likelihood that the property will be available in the future for industrial uses.
(b) Requirements. The Zoning Administrator shall also require:
(1) that the authorized use shall be of no force and effect unless and until satisfactory evidence is presented to the Zoning Administrator for review and attachment to the file that a business tax registration certificate has been issued to each tenant by the Office of Finance pursuant to Los Angeles Administrative Code Section 21.03 permitting those persons to engage in business as artists or artisans; and
(2) that one or more signs or symbols of a size and design approved by the Fire Department shall be placed by the applicant at designated locations on the exterior of each building approved as joint living and work quarters to indicate that these buildings are used for residential purposes.
(c) Zoning Administrator Authority. The Zoning Administrator has the authority to:
(1) Reduce or eliminate yards and setbacks required by this article if they cannot be provided;
(2) Reduce or eliminate off-street automobile parking spaces required by this article if there is no area available for parking on the site; and
(3) Waive the public hearing if the owners of all the properties abutting, across the street or alley from, or having a common corner with the building have expressed no objections to the quarters in writing.
(d) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. However, the Zoning Administrator may waive the public hearing required in that section if the owners of all properties abutting, across the street or alley from, or having a common corner with the buildings have expressed in writing no objections to the quarters.
14. Mixed Use Districts. A Zoning Administrator may, upon application, permit Projects comprised exclusively of dwelling units on lots in the CR, C1, C1.5, C2, C4, or C5 Zones within Mixed Use Districts pursuant to Section 13.09 C.3. of this Chapter.
(a) Procedures. Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, an application made pursuant to this Subdivision shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application. The Zoning Administrator may waive the public hearing required in that section if the applicant submits with the application the written approval of owners of all properties abutting, across the street or alley from, or having a common corner with the subject property.
(b) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, a Zoning Administrator shall find that the character of the Mixed Use District shall not be adversely affected by the proposed Project and that the Project is appropriately integrated with the surrounding commercial uses.
15. Model Dwellings Within Council- Approved Redevelopment Areas. Prior or subsequent to the recordation of a final tract map, the Zoning Administrator may, upon application for a model dwelling, designate certain lots as sites for the construction of model dwellings, provided that the construction is occurring within the boundaries of a Council-approved Community Redevelopment Agency project area. In no case, however, shall more than 20 lots in a tract be designated as sites for the construction of models nor shall more than 15% of the lots in a tract or units and in no case shall more than 20 units in any proposed building be designated as model sites.
The Zoning Administrator may also permit the operation of one sales office within any of the designated model dwellings on the proposed site. In designating certain proposed lots for use as sites for model dwellings or sales offices, the Zoning Administrator may impose any conditions specified in Sections 12.22 A.10. and 12.22 A.11. of this Chapter or any other conditions which are appropriate to the particular model dwelling sites or sales offices being considered. In those cases where the Community Redevelopment Agency is the applicant, there shall be no fee for the designation of a site for the construction of model dwellings; in all other cases the fee, if any, shall be as set forth in this Code.
An application made pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code.
16. Nonconforming Rights Related to Earthquake Safety Ordinance. A Zoning Administrator may, upon application, permit a building, nonconforming as to use or yards which is demolished as a result of enforcement of the Earthquake Safety Ordinance (Division 68, Article 1, Chapter IX of the Los Angeles Municipal Code), to be reconstructed with the same nonconforming use or yards as the original building.
(a) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, a Zoning Administrator shall require and find the following:
(1) that neither the footing nor any portion of the replacement building encroaches into any area planned for widening or extension of existing or future streets; and
(2) that reconstruction be commenced within two years of obtaining a permit for demolition and completed within two years of obtaining a permit for reconstruction; and
(3) that the continued nonconforming use of the property or the continued maintenance of nonconforming yards will not be materially detrimental to the public welfare and will not have a substantial adverse impact on or be injurious to the properties or improvements in the vicinity.
(b) Procedures. Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, an application pursuant to this Subdivision involving a nonconforming use shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application. The Zoning Administrator may waive the public hearing if the applicant has secured the approval for the reconstruction from the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. If that approval is obtained from the surrounding property owners, the Zoning Administrator may waive the public hearing if the administrator makes the following written findings:
(1) that the nonconforming use will not have a significant adverse effect on adjoining property or on the immediate neighborhood; and
(2) that the nonconforming use is not likely to evoke public controversy.
An application pursuant to this Subdivision involving only a nonconforming yard may be set for a public hearing in accordance with the same procedures as above, if the Zoning Administrator determines that the public interest requires a hearing. However, when a public hearing is held, the notice shall be given in the same manner as required in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code.
17. Parking Requirements for Commercial or Industrial Uses With Parking Management Alternatives in the C and M Zones.
(a) Reduced On-Site Parking with Transportation Alternatives.
(1) Notwithstanding any other provision of the Los Angeles Municipal Code, the Zoning Administrator may, upon application, authorize reduced on-site parking for commercial or industrial uses in the C or M Zones, involving arrivals at the site by at least 100 employees and/or tenants, if the number of the reduced parking spaces is no less than sixty percent of the number of parking spaces otherwise required by this Code. This authorization shall be known as the “reduced on-site parking / transportation alternatives authorization”.
(2) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, before approving this authorization, the Zoning Administrator shall find, based on the Parking Management Program Administrative Guidelines prepared by the City of Los Angeles and/or other standards acceptable to the City of Los Angeles Department of Transportation, that the Parking Management Plan submitted by the applicant pursuant to Subdivision (c) below will result in:
(i) Sufficient on-site parking spaces and transportation alternatives to single-occupant automobiles (including carpools, vanpools, mass transit systems, buses or bicycles), provided by the owner or lessee for the employees and/or tenants, to accommodate anticipated parking demand; and
(ii) No on-street parking created by the use in the area immediately surrounding the use; and
(iii) An achievable level of employee and/or tenant use of transportation alternatives.
(3) The areas in which the on-site parking spaces referred to in (i) above are located must be clearly posted for the sole use of employees and/or tenants of the use.
(4) The Zoning Administrator may impose additional conditions as are deemed necessary to protect the public health, safety or welfare of the adjacent area and to assure compliance with the objectives of this subsection.
(5) No change in the use of the transportation alternatives referred to in (i) above may be made until reviewed and approved by the Zoning Administrator.
(b) Reduced On-Site Parking with Remote Off-Site Parking.
(1) Notwithstanding any other provision of the Los Angeles Municipal Code, the Zoning Administrator may, upon application, authorize remote off-site parking at distances greater than those authorized by Section 12.21 A.4.(g) and (i) of this Chapter for commercial or industrial uses, in the C or M Zones, involving arrivals at the site by at least 100 employees and/or tenants, if the remote off-site parking does not exceed seventy-five percent of the number of parking spaces otherwise required by this Code. This authorization shall be known as the “reduced on-site parking / remote off-site parking authorization”.
(2) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, before approving the authorization, the Zoning Administrator shall find, based on the Parking Management Program Administrative Guidelines prepared by the City of Los Angeles and/or other standards acceptable to the City of Los Angeles Department of Transportation, that the Parking Management Plan submitted by the applicant pursuant to Paragraph (c) will provide for:
(i) Remote off-site parking spaces used solely by the employees and/or tenants of the commercial or industrial use; and
(ii) An adequate form of transportation provided by the applicant or applicant’s successor and used by employees and tenants between the remote off-site parking location and the commercial or industrial use to a level sufficient to transport all persons using the remote parking location.
(3) The Zoning Administrator may impose such additional conditions as are deemed necessary to protect the public health, safety or welfare of the adjacent area and to assure compliance with the objectives of this subsection.
(4) No change in the use of the form of transportation referred to in (ii) above may be made until reviewed and approved by the Zoning Administrator.
(c) Application. The application for a reduced on-site parking / transportation alternative authorization or a reduced on-site parking / remote off-site parking authorization shall be accompanied by a parking management plan. The plan shall include, but not be limited to the following information:
(1) The number of parking spaces on-site and the number of location of spaces off-site proposed to be maintained;
(2) The number and kinds of transportation alternatives proposed for the reduced on-site / transportation alternative authorization and the forms of transportation proposed between the commercial or industrial use and the remote off-site parking location for the reduced on- site parking / remote off-site parking authorization; and
(3) The level of employee and/or tenant use of transportation alternatives and forms of transportation identified in (2) above expected to be achieved and maintained.
(d) Annual Review. Each year, prior to the anniversary date of the approval of any authorization received pursuant to this Subdivision, the owner, subsequent owner or lessee shall submit a report and request for review to the Zoning Administrator containing the information regarding the implementation of the Parking Management Plan as the Zoning Administrator shall specify. Within thirty days of receiving this report, the Zoning Administrator shall approve, disapprove or conditionally approve the report, imposing any additional conditions to the authorization as deemed appropriate in light of information contained in the report. If the Zoning Administrator disapproves an annual report, a revised report shall be filed within thirty days for the Zoning Administrator’s review. If the revised report is disapproved, the Zoning Administrator shall set the matter for revocation hearing in the manner set forth in Sec. 13B.6.1. (Evaluation of Non- Compliance) of Chapter 1A
of this Code.
(e) Limitations. This Subsection is not intended to mean nor shall be interpreted to authorize any development in excess of the density, including floor area, floor area ratio, dwelling units or guest rooms, otherwise permitted by an applicable zone, specific plan or other regulation.
(f) Procedures. An application made pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
18. Parking Requirements for Showcase Theaters. Where the off-street parking requirements of Section 12.21 A.4.(e) and (g) of this Chapter cannot be met, a Zoning Administrator may, upon application, approve slight modifications from those paragraphs.
(a) Slight modifications from the number of parking spaces required shall not exceed 20 percent of the required parking;
(b) Procedures. An application made pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. A $50 filing fee shall accompany the filing of any application for slight modification.
19. Reduction in parking. A Zoning Administrator may, upon application, permit a reduction in the number of off-street parking spaces required by Section 12.21 A.4.(e) of this Chapter for any auditorium or similar place of assembly without fixed seats which is located in the City of Los Angeles within a park under the control, operation or management of the Board of Recreation and Park Commissioners.
(a) Limitations.
(1) The number of parking spaces shall not be fewer than one parking space for each 200 square feet of floor area contained in the auditorium or similar place of assembly;
(2) Supplemental Findings. Before approving a parking reduction pursuant to this Subdivision, a Zoning Administrator shall find that the surrounding area will not be adversely affected by overflow parking or traffic congestion originating or terminating at the park site and that the reduction will not otherwise be materially detrimental to the public welfare or injurious to the properties or improvements in the surrounding area.
(b) Procedures. Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, in the following cases, an application made pursuant to this Subdivision shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application.
(1) When property classified in a multiple-residential zone, or an area which the Zoning Administrator determines is characterized by traffic or parking congestion, is located 500 feet or less from the exterior boundary of the park site within which the auditorium or similar place of assembly is situated;
(2) When it can reasonably be anticipated that approval of the application could have a significant adverse effect on adjoining properties or on the immediate neighborhood; or
(3) When the application is likely to evoke public controversy.
(c) In all other cases, an application pursuant to this subdivision need not be set for public hearing unless the Zoning Administrator determines that a hearing would further the public interest.
(d) A copy of each application shall be promptly transmitted for review to the Councilmember of the district in which the property is located.
20. Shared Parking. A Zoning Administrator may, upon application, permit two or more uses to share their off-street parking spaces, if the Zoning Administrator determines that a lower total number of parking spaces than would otherwise be required will provide adequate parking for these uses.
(a) Requirements. The Zoning Administrator’s determination shall be based on an analysis of parking demand. This analysis shall be conducted on an hourly basis, 24 hours per day, for seven consecutive days. The Zoning Administrator shall permit a reduced total parking requirement according to the greatest parking requirement of the shared uses, under the following conditions and circumstances:
(1) The maximum distance between each participating building or use and the nearest point of the shares parking facility shall be 750 feet, measured as provided in Section 12.21 A.4.(g) of this Chapter.
(2) The applicant and parties operating the shared parking facility shall submit written evidence in a form satisfactory to the Office of Zoning Administration which describes the nature of the uses, hours of operation, parking requirements, and the allocation of parking spaces, and which demonstrates that the required parking for each use will be available taking into account their hours of operation.
(3) Reserved or otherwise restricted spaces shall not be shared.
(4) Additional documents, covenants, deed restrictions, or other agreements shall be executed and recorded as may be deemed necessary by the Zoning Administrator, in order to assure the continued maintenance and operation of the shared spaces, under the terms and conditions set forth in the original shared parking arrangement.
(b) Procedures. Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, an application for permission pursuant to this Subdivision shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application.
21. Substandard Hillside Street, Street Access or Grading for Parking in Hillsides.
(a) Requirements. If an owner seeks relief, a Zoning Administrator may permit the Grading and construction of Buildings and Structures on Lots in the A1, A2 and RD Zones, which:
(1) do not meet the requirements of Section 12.21 A.17.(e)(2) of this Chapter, because they front on a Substandard Hillside Limited Street improved to a roadway width of less than 20 feet,
(2) do not meet the requirements of Section 12.21 A.17.(e)(3) of this Chapter, because they do not have vehicular access from streets improved with a minimum 20 foot wide continuous paved roadway from the driveway apron that provides access to the main residence to the boundary of the Hillside Area; or
(3) providing parking in compliance with Section 12.21 A.17.(h) of this Chapter requires the grading of more than 1,000 cubic yards of earth.
(b) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, a Zoning Administrator shall find:
(1) that the vehicular traffic associated with the building or structure will not create an adverse impact on street access or circulation in the surrounding neighborhood; and
(2) that the building or structure will not be materially detrimental or injurious to the adjacent property or improvements; and
(3) that the building or structure will not have a materially adverse safety impact on the surrounding neighborhood; and
(4) that the site and/or existing improvements make strict adherence to Section 12.21 A.17.(e) or (h) of this Chapter impractical or infeasible.
(c) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
22. Transitional Height.
(a) Requirements. A Zoning Administrator may, upon application, permit buildings and structures on lots in C and M Zones to exceed the maximum heights otherwise permitted by the provisions of Section 12.21.1 A.10. of this Chapter. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find that the project provides for an arrangement of uses, buildings, structures, open spaces and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.
(b) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
23. To permit in the Commercial zones uses which support motion picture and television production and other entertainment industries and are not on, or integrated with a motion picture and television studio site. Support uses may include, but are not limited to, sound labs, film editing, film video and audio processing, sets and props production, computer design, computer graphics, animation, offices and ancillary facilities.
(a) Findings. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall also find that the use is conducted so that its products or services are intended to be utilized by the motion picture, television, video or radio industry or other entertainment industries.
(b) Procedures. Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, an application for permission pursuant to this Subdivision shall be set for public hearing, and notice shall be given to the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application, unless the applicant has secured and submits with the application the written approval of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property.
24. Child care facilities. A Zoning Administrator may grant an application to permit a child care facility for 21 to 50 children in the R3 and RAS3 zones.
(a) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. The Zoning Administrator may waive the public hearing required in that section if the applicant submits with the application written approval of the proposed child care facility signed by the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.
25. Large Family Day Care Home.
(a) Pursuant to Section 12.22 A.3.(b)(3) of this Chapter, a Zoning Administrator may grant an application to permit a Large Family Day Care Home within 300 feet of any existing Large Family Day Care Home. The application shall include information to show that the proposed use will meet the following standards:
(1) Drop-off and pick-up areas are provided, as are necessary to avoid interference with traffic and promote the safety of the children; and
(2) The day care home complies with all applicable State and local laws and requirements relating to child care facilities; and
(3) The use does not create an unreasonable level of disruption or interference with the peaceful enjoyment of the neighboring residents; and
(4) All play equipment and structures are located in the rear yard only; and
(5) No loudspeaker or public address system shall be installed or operated on any open portion of the premises, and any recorded music used in connection with any activity shall be significantly modulated to ensure that the use does not disturb the neighboring residents.
(b) Procedures. An application for permission pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. The Zoning Administrator may waive the public hearing required in that section if the applicant submits with the application the written approval of the proposed child care facility signed by the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.
26. Retaining Walls in Hillside Areas.
(a) A Zoning Administrator may, upon application, permit retaining walls that exceed the height or maximum number allowed in Section 12.21 C.8.(a) of this Code.
(b) Procedures. An application pursuant to this subdivision shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code.
27. Continuation of Nonconforming Use of Building. A Zoning Administrator may, upon application, permit the continuation of a nonconforming commercial use of a building or structure in an A or R Zone for an additional period of time as specified beyond the discontinuance date as established pursuant either to a previous grant or to Section 12.23 B.2. of this Chapter.
Any application for a continuation of a nonconforming use of a building or structure must be filed with the Department of City Planning within 90 days following the service of an order to comply by the Department of Building and Safety upon an owner of a nonconforming use, or, in those instances where the Department is unable with reasonable effort to serve the owner, then within 90 days after the service by the Department of the order by leaving it with an occupant of the nonconforming use. If the application is not filed within 90 days, it shall not be considered pursuant to this subdivision.
Notwithstanding the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code, an application pursuant to this Subdivision shall instead notify the owners and occupants of all property within and outside the City within 500 feet of the exterior boundaries of the area subject to the application, unless the applicant has secured approval for the continuance of the nonconforming use from the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. If approval is obtained from the surrounding property owners, the Zoning Administrator may waive the public hearing if the Zoning Administrator makes written findings that the nonconforming use will not have a significant adverse effect on adjoining property or on the immediate neighborhood, and that the nonconforming use is not likely to evoke public controversy.
The Department of City Planning shall process these applications for continuation in accordance with Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code, except that the time limits prescribed for the making of a decision by a Zoning Administrator shall not apply. Appeals from a Zoning Administrator’s decision approving or disapproving the continuation of a nonconforming use of a building or structure may be taken to the Area Planning Commission pursuant to Sec. 13B.2.1.G. (Class 1 Conditional Use Permit; Appeals) of Chapter 1A of this Code. No further appeal shall be permitted.
No fee shall be required for the initial application for a continuation. A fee shall be required for the second and subsequent requests for continuation pursuant to Section 19.01 F. of this Chapter.
28. Single-Family Zones in Hillside Area. A Zoning Administrator may, upon application, grant the deviations outlined in Paragraph (a) of this Subdivision 28. on Lots in the R1, RS, RE, and RA Zones which are located in a Hillside Area as defined in Section 12.03 of this Code.
(a) Zoning Administrator Authority. If an owner seeks relief, a Zoning Administrator has the authority to grant the following deviations:
(1) Setback Requirements. A reduction of the Front and Side Yard setback requirements outlined in Section 12.21 C.10.(a) of this Chapter for Lots fronting on a Substandard Hillside Limited Street; however, in no event shall the Side Yard be less than 4 feet.
(2) Additions to Structures Existing Prior to August 1, 2010. Any additions made after August 1, 2010, to a One-Family Dwelling existing prior to that date for which permits have been previously obtained which exceed the requirements of Section 12.21 C.10.(b) of this Chapter, provided:
(i) the total cumulative Residential Floor Area of all such additions does not exceed 1,000 square feet; and
(ii) the resulting Building does not exceed the height of the original Building or the height permitted in Section 12.21 C.10.(d) of this Chapter, whichever is greater; and
(iii) at least two off-street covered parking spaces are provided.
(3) Height. Exceed the maximum envelope height requirements required by Section 12.21 C.10.(d) of this Chapter; however, the increase in height may not result in a Building or Structure which exceeds an overall height of 45 feet. The overall height shall be measured from the lowest Elevation point, within 5 horizontal feet of the exterior walls of a Building or Structure, to the highest elevation point of the roof Structure or parapet wall.
(4) Lot Coverage. Increase the maximum Lot coverage limitations as outlined in Section 12.21 C.10.(e) of this Chapter, up to a maximum of 50% of the Lot area.
(5) Grading.
(i) Grading in excess of the maximum “by-right” Grading quantities listed in Section 12.21 C.10.(f)(1) of this Chapter, but in no event shall the quantities exceed the true value of 500 cubic yards plus the numeric value equal to 5% of the total Lot size in cubic yards.
(ii) For a property which fronts onto a Standard Hillside Limited Street of Larger, as defined in Section 12.03 of this Code, increase the maximum quantity of earth import or export greater than 500 cubic yards, and increase the maximum quantity of export greater than 1,000 cubic yards; calculated pursuant to Section 12.21 C.10.(f)(2) of this Chapter.
For a property which fronts onto a Substandard Hillside Limited Street, as defined in Section 12.03 of this Code, increase the maximum quantity of earth import greater than 375 cubic yards, and increase the maximum quantity of earth export greater than 750 cubic yards; calculated pursuant to Section 12.21 C.10.(f)(2) of this Chapter.
(6) Off-Street Parking. Reduce the number of off-street parking spaces required by Section 12.21 C.10.(g)(2) of this Chapter.
(7) Street Access. The construction of Buildings and Structures on Lots in the R1, RS, RE, and RA Zones which:
(i) Adjacent Minimum Roadway Width. Do not meet the requirements of Section 12.21 C.10.(i)(2) of this Chapter because they front on a Substandard Hillside Limited Street improved to a roadway width of less than 20 feet.
(ii) Minimum Roadway Width (Continuous Paved Roadway). Do not meet the requirements of Section 12.21 C.10.(i)(3) of this Chapter because they do not have vehicular access from streets improved with a minimum 20-foot wide continuous paved roadway from the driveway apron that provides access to the main residence to the boundary of the Hillside Area.
(b) Supplemental Findings. In addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find that approval of any use in this Subsection is in conformity with the public necessity, convenience, general welfare and good zoning practice and that the action will be in substantial conformance with the various elements and objectives of the General Plan, and that the approval is consistent with the following applicable findings:
(1) Setback Requirements. That the reduction in yards will not be materially detrimental to the public welfare or injurious to the adjacent property or improvements.
(2) Additions to Structures Existing Prior to August 1, 2010. That the increase in Residential Floor Area will result in a Building or Structure which is compatible in scale with existing Structures in the vicinity; and that the approval is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity.
(3) Height. That the increase in height will result in a Building or Structure which is compatible in scale with existing Structures in the vicinity; and that the approval is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity.
(4) Lot Coverage. That the increase in Lot coverage will result in a development which is compatible in size and scale with other improvements in the immediate neighborhood; and that the increase will not result in a loss of privacy or access to light enjoyed by adjacent properties.
(5) Grading.
(i) That Grading in excess of the absolute maximum Grading quantities listed in Section 12.21 C.10.(f)(1) of this Chapter is done in accordance with the Department of City Planning - Planning Guidelines Landform Grading Manual (adopted by the City Council on June 1983), and is used to reflect original landform and result in minimum disturbance to natural terrain. Notching into hillsides is encouraged so that projects are built into natural terrain as much as possible.
(ii) That the increase in the maximum quantity of earth import or export will not lead to the significant alteration of the existing natural terrain, that the hauling of earth is being done in a manner that does not significantly affect the existing conditions of the Street improvements and traffic of the Streets along the haul route, and that potentially significant impacts to the public health, safety, and welfare of the surrounding community are being mitigated to the fullest extent feasible.
(6) Off-Street Parking. That the reduction of the parking requirements will not create an adverse impact on Street access or circulation in the surrounding neighborhood; and that the reduction will not be materially detrimental or injurious to the property or improvements in the vicinity in which the Lot is located.
(7) Street Access.
(i) That the vehicular traffic associated with the Building or Structure will not create an adverse impact on Street access or circulation in the surrounding neighborhood; and
(ii) That the Building or Structure will not be materially detrimental or injurious to the adjacent property or improvements; and
(iii) That the Building or Structure will not have a materially adverse safety impact on the surrounding neighborhood.
(iv) That the site and/or existing improvements make strict adherence to Section 12.21 C.10.(i) of this Chapter impractical or infeasible.
(c) Procedures. An application pursuant to this Subdivision 28. shall follow the procedures set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code. Except that public hearings for fences, walls, and retaining walls within required yards may not be required if the applicant submits with the application the written approval of the owners of all properties abutting, across the Street or alley from, or having a common corner with the subject property.
Import / Export (Haul Route) Review. Upon filing an application pursuant to this Subdivision. for the import or export of earth materials pursuant to the authority granted in Subparagraph (5) of Paragraph (a) of this Subdivision, the Zoning Administrator shall request that the General Manager of the Department of Transportation investigate the circumstances of the proposed import or export of earth materials and the effect thereof upon the public health, safety, and welfare. The Zoning Administrator shall request the City Engineer to determine the effect of any import or export on the structural integrity of the public Streets and to determine the effect on public safety relative to Street alignment, width, and Grade.
In taking action on such Class 1 Conditional Use Permit, the Zoning Administrator shall impose conditions of approval to mitigate any detrimental effects of the hauling operations necessary to import or export earth, including but not limited to: limiting truck weight, length and/or speed; and other conditions of approval as may be necessary to ensure repair of damages to public Streets along the hauling route that may reasonably be expected to be caused by hauling operations. Such additional conditions may include a condition that the developer shall file a bond for the benefit of the City. Any such bond shall be in a form approved by the City Attorney, executed by the developer and a corporate surety authorized to do business in the State in an amount sufficient to cover the repair of any damage to the public Streets reasonably expected to be caused by the hauling operations. The conditions of the bond shall guarantee to indemnify the City for all costs and expense in repairing the damaged Streets or other public facilities. In lieu of a surety bond, the developer may file a cash bond with the Department upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted may be in the form of cash or negotiable United States securities. The term of such effect until the completion of the hauling operations and subsequent inspection of the affected public Streets by the Department of Public Works.
29. Historical Vehicle Collection. A Zoning Administrator may allow the maintenance of a Historic Vehicle Collection as an accessory use. In addition to the findings set forth in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A
of this Code, the Zoning Administrator shall find:
(a) that all the historic vehicles and parts maintained in outdoor storage, whether currently licensed or unlicensed, or whether operable or inoperable constitute an Historic Vehicle Collection;
(b) the Historic Vehicle Collection occupies less than 50 percent of the area of the lot for lots comprising 10,000 square feet or less, or 70 percent of the area of the lot for lots comprising more than 10,000 square feet.
(c) the Historic Vehicle Collection is fully screened from ordinary public view by means of a suitable fence, trees, shrubbery, opaque covering or other appropriate means;
(d) no portion of the Historic Vehicle Collection is located within five feet of any building or within any side yards required by this Code; and
(e) plans for the maintenance of the Historic Vehicle Collection have been submitted to and approved by the Zoning Administrator in accordance with the procedures in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code and subject to the same fees as in Section 19.01 E. of this Chapter for relief from fence height limitation.
30. Reduced Parking in a Modified Parking Requirement (MPR) District. A Zoning Administrator may, upon application, reduce the number of off-street parking spaces required by Section 12.21 A.4. of this Chapter, provided that the project is located within a Modified Parking Requirement (MPR) District established through the application of Section 13.15 of this Chapter, and provided further that the MPR District authorizes the Zoning Administrator to reduce the number of off- street parking spaces.
Y. Special Permission for Reduction of Off-Street Parking Spaces by the Director. A reduction in the number of off-street parking spaces required by Section 12.21 A.4. of this Chapter may be permitted by the Director as the initial decision-maker or by the Area Planning Commission as the appellate body. The procedures for decisions on these uses shall be the same as those for Variances as provided in Sec. 13B.5.3. (Variance) of Chapter 1A
of this Code in addition to those set out below, except that the initial decision-maker shall be the Director, there is only one level of appeal and the findings necessary to grant the reduction shall be that the action is in conformity with the public necessity, convenience, general welfare and good zoning practice and that the action will be in substantial conformance with the various elements and objectives of the General Plan.
If the Director finds that a commercial or industrial building is located on a lot not more than 1,500 feet distant from the portal of a fixed rail transit station, or bus station, or other similar transit facility, then the required number of parking spaces for that commercial or industrial building shall be decreased by ten percent of the number otherwise required by Section 12.21 A.4.(c) of this Chapter. If the Director makes this finding, then no more than 90 percent of the parking spaces required by Section 12.21 A.4.(c) of this Chapter are required to be provided on the lot. The 1,500-foot distance shall be measured as specified in Section 12.21 A.4.(g) of this Chapter. A portal shall be defined as the street-level entrance, exit or escalator of a transit station.
A station may be used as the basis of a reduction if the Director decides that it is currently in use; that a full funding contract for a proposed station's location and portals have been signed by all funding partners; or that a resolution to fund a preferred alignment has been adopted by the Los Angeles County Transportation Commission by a resolution detailing specific stations and portal locations. Before approving a parking reduction application filed pursuant to this subdivision, a Director shall find that the surrounding area will not be adversely affected by overflow parking or traffic congestion originating or terminating at the lot, and that the reduction will not otherwise be materially detrimental to the public welfare or injurious to the properties or improvements in the surrounding area.
In the following cases, an application pursuant to this subsection shall be set for public hearing and notice shall be given pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code:
(i) when it can reasonably be anticipated that approval of the application could have a significant adverse effect on adjoining properties or on the immediate neighborhood; or
(ii) when the application is likely to evoke public controversy. In all other cases an application pursuant to this subdivision need not be set for public hearing, unless the Director determines that a hearing would further the public interest.
A copy of each application shall be promptly submitted to the Councilmember of the district in which the property is located.
AA. Additional Revocation Authority. See Sec. 13A.1.6.D.5. (Director of Planning; Specific Authority) of Chapter 1A
of this Code.
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