Loading...
(Amended by Ord. No. 183,270, Eff. 12/15/14.)
(a) Fees. The following specific fees shall be paid to the Department of Transportation (Department) for the preparation and processing of traffic reports, clearance of conditions and permit sign-offs in connection with obtaining any environmental clearance and/or permit issuance related tasks.
(1) Building Permit Sign Offs (Note 1) $365
(2) Dedication & Widening Waivers $445
(3) Department Referral Form (Note 2) $430
(4) Driveway Permit Sign Offs (Note 3) $535
(5) Haul Route Review $420
(6) Master Plan / Complex Circulation Review (Note 4) $1,595
(7) Project Condition Clearance (Note 5) $270
(8) Revocable Permit $205
(9) Street Vacation Requests $965
(10) Subdivision Report $205
(11) TDM Compliance / Trip Monitoring Report Review $770
(12) Technical Study (Note 6) $1,340
(13) Traffic Study MOU $1,175
(14) Traffic Study Review (Note 7) $7,480
(15) Traffic Study Review / Plan Review - Expedited See Subsection (c)
(16) Worksite Traffic Control Plan Review (non B-permit) $1,645
Note 1: For a project with multiple addresses and permits (i.e., multi-family units), $365 should be charged per distinct site plan and not per unit. For example: if, for a 100 unit small lot subdivision condominium project, each unit falls into one of three different site plan options, then the Department review fee should be $1,110 ($370 X 3) even if there are 100 separate building permits to approve.
Note 2: The Department Referral Form may also be submitted to the Department in the form of an Initial Site Assessment Form or a Site Plan Review Form. If this is the case, the Department Referral Form fee still would apply.
Note 3: When reviewing a Building Permit application that also includes a Driveway Permit Sign Off, the applicant should not be charged two fees (Building Permit and Driveway Permit). Instead, the applicant should be charged only the Building Permit fee if the driveway plan does not include a new curb cut. If the driveway plan does include a new curb cut, then the applicant only should be charged the Driveway Permit Sign-Off fee.
Note 4: This fee applies to Master Plan type developments or large scale projects with complicated circulation plans that require considerable staff time to help applicant arrive at an acceptable access and circulation plan.
Note 5: $270 for the first three condition clearances plus $200 for each additional condition clearance.
Note 6: A “technical study” can include technical memorandums (defined in LADOT’s Traffic Study Guidelines), trip generation assessments, traffic study supplements, shared parking analyses, etc. The fee includes the cost to process a study MOU, if required.
Note 7: $7,480 for the first ten study intersections plus $400 per each additional study intersection, not to exceed a total of $25,000.
Special Note: If a project is approved by LADOT through the subdivision clearance or building permit process and the applicable fees have been paid, future approvals will not require additional fees as long as there have been no substantial changes to the approved portion of the project.
(b) Transportation Review Fee Fund. Each fee collected pursuant to this section shall include a five percent surcharge to be deposited into the Transportation Review Fee Fund No. 50Y. This fund shall be used exclusively by the Department to provide funding for the continual enhancement of development review related information technology systems and for procurement costs associated with equipment, software, materials, staff training and, if needed, consultant services. With the exception of the five percent surcharge deposited into the Transportation Fee Fund No. 50Y, the remaining 95 percent fees collected shall be credited to the General Fund.
(c) Expedited Services. The Department shall offer expedited services in the review of traffic studies or the review of B-permit design plans. Project applicants can choose to pay a higher review fee to allow Department staff to work overtime hours to expedite their review. The actual review fee to process a traffic study, which will be greater than the standard traffic study review fee, will be determined by the Department during the preparation of the Traffic Study Memorandum of Understanding executed between the Department and the applicant’s representative. The fee established shall be based on the applicant’s desired completion date, the availability of staff to work overtime and the affected division’s case workload. During times of peak workloads, the expedited review fee may be utilized by the Department to procure an outside firm from the Department’s pre-screened list of consultants to conduct the review of the study. Similarly, the actual fee to process B- permit design plans shall be established by the Department at the pre-design meeting with the applicant’s representative.
(d) Fee Revisions. The Department shall provide an annual review of the fees established pursuant to this section, and shall submit recommendations for changes in these fees for special services to the Council. The fees shall be revised by the Department to account for any staff salary cost of living adjustments. Notice of a revision in fees shall be in accordance with California Government Code Sections 66018 and 6062a, which require that prior to adoption of a new or increased fee a public hearing be held and notice of that hearing be published in a newspaper with two publications at least five days apart over a ten-day period. The notice period begins the first day of publication, and there must be at least five days intervening between the first and second publications, not counting the dates of publication.
(Amended by Ord. No. 185,114, Eff. 9/17/17.)
There shall be added to each fee imposed for any permit, plan check, license or application, provided in Chapter I of this Code, a surcharge in an amount equal to the greater of 7 percent of the fee or $1.00, except that any other surcharge shall be excluded from the computation of this surcharge. Monies received from this surcharge shall be deposited into the Department of City Planning Long- Range Planning Special Revenue Trust Fund. The monies received pursuant to this section shall be used for maintenance of the City’s General Plan and all associated underlying plans or elements, ordinances, and other associated planning initiatives. Fifty percent of the monies received, after the effective date of this ordinance, shall be used for costs directly related to updating the City’s 35 Community Plans. Exempted from this surcharge are all fees and costs imposed pursuant to Section 12.37.
(Added by Ord. No. 184,505, Eff. 1/11/17.)
The following fees shall be paid to the Department of Recreation and Parks. Current figures are located in the Department of Recreation and Parks Rate and Fee Schedule.
Subdivision (Quimby in-lieu) fee:
At effective date of ordinance: $7,500, adjusted for inflation pursuant to Section 12.33 E.5. of this Code.
First annual RAP rate and fee schedule update after effective date of ordinance: The prior year’s fee amount plus $2,500, adjusted for inflation pursuant to Section 12.33 E.5. of this Code.
Each subsequent annual RAP rate and fee schedule update: The fee of the previous year, adjusted for inflation pursuant to Section 12.33 E.5. of this Code.
Non-subdivision (park mitigation) fee:
At effective date of ordinance: $2,500, adjusted for inflation pursuant to Section 12.33 E.5. of this Code.
First annual RAP rate and fee schedule update after effective date of ordinance: The prior year’s fee amount plus $2,500, adjusted for inflation pursuant to Section 12.33 E.5. of this Code.
Each subsequent annual RAP rate and fee schedule update: The fee of the previous year, adjusted for inflation pursuant to Section 12.33 E.5. of this Code.
(Added by Ord. No. 185,342, Eff. 2/17/18.)
1. “Additional Housing Units” means a net increase in the number of dwelling units or guest rooms to be added on a parcel or parcels of land by issuance of a building permit, after subtracting the number of dwelling units or guest rooms legally removed from the same parcel of real property during the year preceding the issuance of the building permit.
2. “Additional Nonresidential Floor Area” means the net increase in the amount of nonresidential Floor Area, as defined in Section 12.03 of this Code, to be added on a parcel or parcels of land by issuance of a building permit, less the amount of nonresidential Floor Area legally removed from the same parcel of real property during the year preceding the issuance of the building permit.
3. “Applicant” means any individual, person, firm, partnership, association, joint venture, corporation, limited liability company, entity, combination of entities or authorized representative thereof, who undertakes, proposes or applies to the City for a Planning or zoning entitlement approval or building permit related to a Development Project.
4. “Building Permit Application” means plans submitted to the Department of Building and Safety pursuant to Section 12.26 A.3. of this Code.
5. “Development Project” means any activity involving or requiring the issuance of a building permit that results in Additional Housing Units, Additional Nonresidential Floor Area, additional single-family residential Floor Area, or a change of use from nonresidential to residential.
6. “Grocery Store” means a project that is for a retail use of which greater than one half of the Floor Area is devoted to the sale of food items intended for consumption or use off the premises, excluding alcoholic beverages.
7. “Linkage Fee” means the fee assessed, pursuant to this section, on certain Development Projects in order to mitigate the impact of the additional demand for affordable housing caused by such activity.
B. Applicability. The regulations, requirements and provisions of this section shall apply to any Development Project. Unless a Development Project is exempt from this section, an Applicant must pay to the City the required Linkage Fee as a condition of the building permit for which a Building Permit Application has been submitted in order to mitigate the need for affordable housing that is generated by or attributable to such projects. The provisions of this section are subject to the requirements set forth in California Government Code Section 66000 et seq.
1. Phased Implementation.
a. For the first 120 days following the effective date of this ordinance, no Linkage Fee shall be imposed on any project for which a Building Permit Application or complete planning or zoning entitlement application is submitted. For purposes of this Section, a complete planning or zoning entitlement application is an application that has been accepted by the Department of City Planning and for which the application fees have been paid. If an Applicant submitted a Building Permit Application or a complete planning or zoning entitlement application for a Development Project prior to the effective date of this ordinance, that Development Project shall not be subject to a Linkage Fee.
b. An Applicant for a Development Project who submits a Building Permit Application or a complete Planning or zoning entitlement application (whichever is first) 121 days following the effective date of this ordinance shall pay one-third of the total Linkage Fee amount due, based on the fee schedule and market area maps in effect at the time of the submittal of the Building Permit Application or complete Planning or zoning entitlement application.
c. An Applicant for a Development Project who submits a Building Permit Application or a complete Planning or zoning entitlement application (whichever is first) 306 days after the effective date of this ordinance shall pay two-thirds of the total Linkage Fee amount due, based on the fee schedule and market area maps in effect at the time of the submittal of the Building Permit Application or complete Planning or zoning entitlement application.
d. An Applicant for a Development Project who submits a Building Permit Application or a complete planning or zoning entitlement application (whichever is first) 485 days or more after the effective date of this ordinance shall pay the total Linkage Fee amount due, based on the fee schedule and market area maps in effect at the time of the submittal of the Building Permit Application or complete Planning or zoning entitlement application.
2. Exemptions. The Department of Building and Safety shall determine whether any of the following exemptions apply to a Development Project based on documentation submitted by the Applicant prior to the issuance of the building permit. The fee imposed by this section shall not apply to construction that includes any the following:
a. Less than 15,000 square feet of Additional Nonresidential Floor Area in any nonresidential building, other than parking garages and parking facilities, as determined by the Department of Building and Safety.
b. Any for-sale or rental housing development containing restricted affordable units where at least 40% of the total units or guest rooms are dedicated for moderate income households, or at least 20% of the total units or guest rooms are dedicated for low income households, or at least 11% of the total units or guest rooms are dedicated for very low income households, or at least 8% of the total units or guest rooms are dedicated for extremely low income households, for at least 55 years, where a covenant has been made with the Los Angeles Housing Department and required covenant and monitoring fees have been paid. Such a covenant shall also subject projects using this exemption to the replacement policies in Government Code Section 65915(c)(3), as that section may be amended from time to time, and to LAHD fees related to housing replacement determinations pursuant to state law, as set forth in this Code. For the purposes of this section, total units includes any units added by a density bonus or other land use incentive, consistent with the affordability levels defined in Government Code Section 65915, as that section may be amended from time to time. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
c. Any Development Project being constructed by, or on behalf of: 1) a government or public institution such as a school, museum, homeless shelter or other similar projects that are intended for community use; or 2) any private Elementary and/or High School.
d. Any hospital. For purposes of this section, “hospital” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.
e. A single-family detached home meeting one or more of the following conditions:
(1) Any addition of 1,500 square feet or less of Floor Area to an existing single- family detached home located in a single- family or multiple-family zone.
(2) New construction of any single- family detached home located in a single- family zone that is 1,500 square feet or less of Floor Area.
(3) Any replacement of a single- family detached home resulting in a net increase of 1,500 square feet or less of Floor Area from the prior home that existed on the property.
f. Either (1) an addition of 1,501 square feet or more of Floor Area to an existing single- family detached home located in a single-family zone, or (2) a replacement of a single-family detached home resulting in a larger single-family detached home with a net increase of 1,501 square feet or more of Floor Area from the prior home that existed on the property; provided, however, in either event, a covenant shall be recorded against the property prior to the issuance of a building permit for such addition or replacement requiring the owner of the property to pay the Linkage Fee if the home is sold within three years of the issuance of such building permit. The covenant shall automatically expire at the end of such three-year period, if no sale of the property has occurred during such three-year period. However, in the event of a sale of the property within such three-year period, the covenant shall not expire until a notice of covenant termination is recorded. A notice of covenant termination shall be provided by the City upon full payment of Linkage Fee due, based on the fee schedule in effect at the time of payment. The covenant shall run with the land and bind all successive owners of the property until the Linkage Fee is fully paid.
g. An Accessory Dwelling Unit as defined by California Government Code Section 65852.2.
h. Any residential floor area of a project located within the boundaries of the Central City West Specific Plan Area, as defined in Ordinance No. 163,094, if the Applicant agrees by covenant and agreement with the City or by development agreement to abide by the replacement and inclusionary housing obligations set forth in the Specific Plan for the Central City West Area. (Amended by Ord. 186,370, Eff. 12/10/19.)
i. A residential project that is subject to a greater affordable housing fee requirement or is required to provide one or more physical housing units pursuant to the Mello Act in order to satisfy its inclusionary housing obligations. In that case, the residential component of the project shall be exempt from the Linkage Fee requirements of this Section. Nonresidential portions of mixed- use Coastal Zone projects shall be analyzed separately from residential portions of mixed-use projects for the purposes of the Linkage Fee requirements of this section. Nonresidential portions of such projects shall be subject to this section. The provision of housing units or in-lieu fees to satisfy replacement housing obligations under the Mello Act (as opposed to inclusionary housing obligations) shall not exempt a project from the Linkage Fee requirements of this section.
j. A residential Development Project that is subject to affordable housing requirements pursuant to any land use policy or ordinance or development agreement that exceeds the Linkage Fee requirements of this section in either fee amount or on-site affordable housing percentages provided in paragraph 19.18 B.2.b.
k. A residential Development Project that is subject to affordable housing and labor requirements pursuant to LAMC Section 11.5.11.
l. Any Grocery Store, provided there is no existing Grocery Store within a one-third (1/3) mile radius of the Development Project site.
m. Any Adaptive Reuse Project that is a designated Historic-Cultural Monument and is being converted to a residential use.
n. Any nonresidential Floor Area within a Development Project that is located in the South Los Angeles Transit Empowerment Zone, also referred to as the “Slate-Z” Promise Zone Area, located in Low Market Areas according to the nonresidential area map. This exemption shall only apply to Development Projects for which a Building Permit Application or complete planning or zoning entitlement application is submitted within three years of the effective date of this ordinance. This exemption will no longer be valid three years after the effective date of this ordinance.
3. Protests, Adjustments and Waivers.
a. An Applicant may protest the imposition of the Linkage Fee and request that the requirements of this section be adjusted or waived pursuant to Government Code Section 66020 et seq., based on a showing that the application of the requirements of this section would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the Development Project. Protests shall be filed with the Director.
b. On or before the date on which payment of the Linkage Fee is due, the Applicant shall pay the amount required by this section and serve a written notice to the Director with all of the following information: (1) a statement that the required payment is tendered, or will be tendered when due, under protest; and (2) a statement informing the Director of the factual elements of the dispute and the legal theory forming the basis for the protest or request for adjustment or waiver, along with the substantial evidence that supports the protest or request, including any supporting documentation. The protest must be filed at the time of approval or conditional approval of the Development Project or within 90 days after the imposition of the Linkage Fee. The City shall provide the Applicant with written notice as required by Government Code Section 66010(d)(1), as that section may be amended from time to time.
c. If the Director determines that application of the requirements of this section would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to a Development Project, the fee requirements shall be adjusted or waived to reduce the obligations under this section to the extent necessary to avoid an unconstitutional result. The Director shall render a decision within 75 days from the date the protest was received.
d. If an adjustment or waiver is granted, any change in the Development Project shall invalidate the adjustment or waiver. If the Director determines that no violation of the federal or state constitution would occur through application of this section, the requirements of this section shall remain fully applicable.
e. Failure of an Applicant to comply with the protest requirements of this Section or Government Code Section 66020 et seq., shall bar that Applicant from any action or proceeding or any defense of invalidity or unreasonableness of the imposition of the Linkage Fee.
C. Fee Calculation.
1. The City Council shall adopt, by resolution, a Linkage Fee schedule based on an analysis of the cost of mitigating the impact of the additional demand for affordable housing caused by Development Projects, and on the varying levels of economic feasibility in different geographic areas of the City based on current market conditions. The City Council shall also adopt, by resolution, a map or maps establishing the respective market areas throughout the City that inform the amount of the Linkage Fee to be assessed for a given Development Project.
2. For each Development Project, the Linkage Fee shall be calculated as the amount of new or added Floor Area in the Development Project devoted to the uses described in the Linkage Fee schedule, as determined by the Department of Building and Safety, multiplied by the amount of the applicable fee, as found in the most recent Linkage Fee schedule adopted by City Council, at the time the building permit for the Development Project is issued, minus any deductions or credits.
3. Fee Adjustments and Reports.
a. Annual Inflation Adjustment. The Linkage Fee shall be adjusted annually for inflation beginning on July 1, 2018, by the Director in accordance with the latest change in year-over-year Consumer Price Index for Urban Consumers (CPI-U) for the Los Angeles- Riverside-Orange County area, or if such index ceases to be published, by an equivalent index chosen by the Director. An updated Linkage Fee schedule shall be maintained by the Department of City Planning, which shall provide a copy of the adjusted schedule to the Mayor and City Council each year.
b. Five-Year Market Area Adjustment. Every five years, beginning on July 1, 2018, the Director, in association with LAHD shall undertake a new market area analysis and adjust market areas and geographies, where necessary, to reflect the most up to date rental and sales price information for each of the market areas. Any change to the Linkage Fee schedule other than the Annual Inflation Adjustment described in Paragraph (a) above shall be adopted by resolution of the City Council. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
4. Deductions or Credits.
a. Change of Use. If the Development Project is the result of a change of use from nonresidential to residential, the Linkage Fee to be paid is the result of subtracting the equivalent fee amount that either was paid or would have been paid, based on the pre-existing use, from the fee amount required to be paid for the new use based on the most recent Linkage Fee schedule approved by the City Council. Deductions or credits shall not be applied to any portion of a Development Project comprised of additional Floor Area resulting from new construction. The calculation of a deduction or credit shall not result in a refund to an Applicant or be applied as a credit to another Development Project in a different location.
b. Affordable Housing Units. Any Restricted Affordable Units as defined in Section 12.22 A.25. of this Code may be subtracted from the total number of dwelling units or guest rooms in a building in determining the required Linkage Fee.
c. Mixed Use. The first 15,000 square feet of nonresidential use in a mixed-use building shall be excluded from the calculation of Floor Area for the purposes of determining the required Linkage Fee.
d. Transfer of Floor Area Rights. Any additional Floor Area that is obtained by a Development Project through the provision of public benefit payments pursuant to LAMC Section 14.5.9 shall be excluded from the calculation of Floor Area for purposes of determining the Linkage Fee for the Development Project.
e. Other Affordable Housing Requirements. In calculating Floor Area for purposes of determining the Linkage Fee for a Development Project, the following shall be excluded from that calculation:
(1) the Floor Area of the residential portion of a mixed-use Development Project that is subject to affordable housing requirements pursuant to any land use policy or ordinance or development agreement that exceeds the Linkage Fee requirements of this section in either fee amount or on-site affordable housing percentages provided in paragraph 19.18 B.2.b.
(2) the Floor Area of the residential portion of a mixed-use Development Project that is subject to affordable housing and labor requirements pursuant to LAMC Section 11.5.11.
f. Land Dedication. If the Los Angeles Housing Department accepts, on behalf of the City, an offer by an Applicant to dedicate land offsite from the proposed location of the Development Project for the purpose of building affordable housing, the value of the land to be dedicated, to be determined as the average of two independent appraisals funded by the applicant, may be deducted from the Linkage Fee amount owed for the Applicant’s Development Project. If the value of the dedicated land is more than the Linkage Fee owed for the Applicant’s Development Project, the City shall bear no responsibility for the difference in value, nor shall that overage be applied as a credit to any future Development Project. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
5. Payment of Linkage Fee. The Linkage Fee is due and payable by the Applicant prior to the issuance of a building permit for a Development Project. No additional fee shall be required for a project seeking an extension of an expired building permit.
6. Refunds of Linkage Fee. Any fee paid under the provisions of this section may be refunded to an Applicant if the application for the building permit has expired and was not utilized to begin construction of a Development Project.
D. Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance 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.
(Added by Ord. No. 186,105, Eff. 6/28/19.)
A. Purpose. This ordinance is intended to adopt the Transportation Improvement Assessment Fee (TIA Fee), TIA Fee Credits, TIA Fee exemptions, and TIA Fee Improvement list authorized in the West Los Angeles Transportation Improvement and Mitigation Specific Plan (WLA TIMP) and the Coastal Transportation Corridor Specific Plan (CTCSP).
B. Definitions. Terms in this ordinance shall be as defined in Section 4 of the WLA TIMP and the CTCSP, unless as provided otherwise herein.
C. Fee Schedule.
1. TIA Fee Amounts.
a. The TIA Fee for each land use category shall be as provided in the TIA Fee Table below, where:
i. The unit of measurement is provided in the “Unit” column, “DU” refers to Dwelling Unit, and “SF” refers to square feet;
ii. The amount of TIA Fee per unit of measurement is provided in the “TIA Fee per Unit” column;
iii. The definition of the land use category is provided in the “Description” column; and,
iv. The term “Interpolate” refers to the mathematical definition of “interpolate.” For retail uses greater than 250,000 square feet but less than or equal to 800,000 square feet, the TIA Fee per Unit shall be determined by interpolating between the other retail fee rates provided in the table. For office uses greater than 50,000 square feet but less than or equal to 250,000 square feet, the TIA Fee per Unit shall be determined by interpolating between the other office fee rates provided in the table.
TIA Fee Table
Land Use Category | Unit | TIA Fee per Unit | Description |
Land Use Category | Unit | TIA Fee per Unit | Description |
Residential Land Uses | |||
Single Family | DU | $8,847 | Single family detached homes on individual lots, including homes created though Small Lot Subdivisions. |
Apartment | DU | $4,646 | Multi-family rental units in a building 10 stories or less. |
High-Rise Apartment | DU | $2,804 | Multi-family rental units in a building with more than 10 stories. |
Condominium/Townhouse | DU | $6,248 | Multi-family units with individual ownership in buildings 10 stories or less. |
High-Rise Condominium/Townhouse | DU | $3,044 | Multi-family units with individual ownership in buildings more than 10 stories. |
Affordable Dwelling Unit | DU | $0 | Affordable Dwelling Unit as defined in Section 4 of the WLA TIMP and the CTCSP. |
Hotel | Room | $5,452 | A use that provides sleeping accommodations and supporting facilities for short-term occupancy. |
Retail & Service Land Uses | |||
Retail = < 250,000 SF | 1,000 SF | $13,347 | Less than or equal to 250,000 SF of general retail uses, based on total square footage of retail uses on site. Retail uses are those uses typically found in shopping centers, and neighborhood centers, including but not limited to grocery stores, restaurants, and general retail shops. |
Retail > 250,000 SF - 800,000 SF | 1,000 SF | Interpolate | More than 250,000 SF but less than 800,000 SF of retail uses, as defined above, based on total square footage of uses on site. |
Retail > 800,000 SF | 1,000 SF | $16,897 | More than 800,000 SF of general retail uses, as defined above based on total square footage of retail uses on site. |
Commercial Office & Medical Office Land Uses | |||
Office = < 50,000 SF | 1,000 SF | $25,000 | A building of 50,000 SF or smaller with office uses, including those with multiple tenants. Office uses include but are not limited to, businesses, commercial, or professional services, medical and dental office uses that provide outpatient care on a routine basis, and on-site cafeteria or café or retail services for use by on-site employees. |
Office > 50,000 SF - 250,000 SF | 1,000 SF | Interpolate | A building greater than 50,000 SF but less than 250,000 SF for office uses (as defined above). |
Office > 250,000 SF | 1,000 SF | $16,754 | Buildings greater than 250,000 SF for office uses (as defined above). |
Industrial Land Uses | |||
Industrial | 1,000 SF | $10,975 | Facility that includes a mixture of two or more of the following: manufacturing, service facilities, or warehouse facilities. |
Manufacturing | 1,000 SF | $9,426 | Facility that is primarily devoted to the conversion of raw materials or parts into finished products; may include ancillary warehouse, office and research related functions. |
Warehouse | 1,000 SF | $4,132 | Facility that is primarily devoted to the storage of materials; including ancillary office and maintenance related functions. |
Mini-Warehouse | 1,000 SF | $3,357 | Self-storage facilities in which a number of storage units/vaults are rented for the storage of goods, including ancillary office and maintenance-related functions. |
Cargo Facilities | 1,000 SF | $7,876 | Cargo facilities associated with aviation uses on or adjacent to the LAX airport. |
Maintenance Facilities | 1,000 SF | $2,195 | Maintenance facilities associated with aviation uses on or adjacent to the LAX airport. |
b. Special Generators. If LADOT determines that a proposed use cannot be classified under the land use categories listed in the TIA Fee Table, then LADOT shall calculate the fee as follows:
i. Based on the land use category that is most similar to the proposed use; or if LADOT determines in its discretion that no land use category is similar:
ii. Based on the trip generation of the use, average trip length for the use, and pass-by trip rate of the use, and fee rate consistent with the methodology and rates in the Westside Mobility Plan Fee Study approved by the City Council to adopt the fees in the TIA Fee Table.
2. Effective Date. The TIA Fee shall be effective on the 60th day following the adoption of this Ordinance.
3. Phased Implementation of the Residential TIA Fee. The TIA Fee for Residential Land Uses (as those uses are defined in the TIA Fee Table), shall be phased based on when the Project plans are submitted to the Los Angeles Department of Building and Safety (LADBS) pursuant to Section 12.26 A.3. of this Code:
a. For Projects with plans submitted within the first 120 days following the effective date of the ordinance, no TIA Fee for Residential Land Uses shall be paid.
b. For Projects with plans submitted between 121 and 305 days following the effective date of the ordinance, one-third of the TIA Fee for Residential Land Uses (based on the fee schedule in effect at the time the plans are submitted) shall be imposed.
c. For Projects with plans submitted between 306 and 484 days following the effective date of the ordinance, two-thirds of the TIA Fee for Residential Land Uses (based on the fee schedule in effect at the time the plans are submitted) shall be paid.
d. For Projects with plans submitted 485 or more days following the effective date of the ordinance, the full TIA Fee for Residential Land Uses (based on the fee schedule in effect at the time the plans are submitted) shall be paid.
4. Annual Indexing. The TIA Fees shall be increased (or decreased) annually as follows: The Annual Index upon adoption of this ordinance shall be 1.000. The TIA Fee shall be increased (or decreased) as of January 1 of each year by the amount of the percent increase (or decrease) in the most recently available Construction Cost Index for the Los Angeles region, or equivalent index, as determined by LADOT. The revised Annual Index shall be published by LADOT in a newspaper of citywide circulation or on the LADOT website before January 31 of each year.
5. Appeal Filing Fee. An appeal filed pursuant to Section 11.A. or B. of the WLA TIMP or the CTCSP shall be accompanied by a filing fee of $500 payable to LADOT or LADCP, as applicable.
D. Fee Exemptions, Calculations, and Credits.
1. TIA Fee Exemptions. The following Projects shall be exempt from payment of a TIA Fee:
a. Any Project exempt from the requirements of the CTCSP or WLA TIMP pursuant to Section 5.B. in the applicable Specific Plan;
b. Affordable Dwelling Units, if they meet the criteria in Subsection 8.B.2.b. of the CTCSP and the WLA TIMP;
c. One hundred percent affordable housing projects. For the purposes of this section, a “one hundred percent affordable housing project” means a Project in which each residential unit in the Project, exclusive of a manager’s unit or units, is an Affordable Dwelling Unit. A one hundred percent affordable housing project may include on-site services or mixed commercial uses;
d. Projects providing housing or services for persons experiencing homelessness, including but not limited to permanent or temporary supportive housing projects, transitional housing projects, and supportive services;
e. Accessory dwelling units to single family homes, commonly referred to as “granny flats;”
f. Educational institutions, public and private;
g. Child Care Facilities as defined by LAMC Section 12.03;
h. Churches, Temples, and other buildings used for assembly, whether for religious or secular purposes;
i. Hospitals. For purposes of this section, “hospital” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which a person may be admitted for a 24-hour stay or longer;
j. Eldercare Facilities, as defined in LAMC Section 12.03;
k. Park and Ride Facilities;
l. Temporary uses of less than six months in duration based on a building permit where no extension of time is permitted;
m. Governmental or Public Facilities defined as capital improvements and/or buildings or structures used for the operation of City, County, State or Federal governments including, but not limited to, police and fire stations, government offices, government equipment yards, sanitation facilities, schools, parks, United States Federal Aviation Authority or Los Angeles World Airports (LAWA) administrative facilities, and other similar administrative facilities in which general government operations are conducted. Governmental or Public Facility does not include the use of publicly owned land, buildings, improvements or structures for private activities pursuant to lease agreements; and
n. Projects on property owned by LAWA and used for aircraft operations (commercial or noncommercial) or airport operation facilities (such as, terminals and other passenger processing related facilities such as gate areas and non-commercial spaces of passenger transportation such as the Intermodal Transportation Facility), not including cargo facilities or maintenance facilities.
2. TIA Fee Calculation. The TIA Fee shall be calculated as follows:
Total TIA Fee = (number of Units) x (TIA Fee per Unit)
The type of Unit and the TIA Fee per Unit for the land use are identified in the TIA Fee Table in Section C.1.a.
For special generators, pursuant to Section C.1.b, the fee shall be calculated as provided in Section C.1.b.
3. TIA Fee Credits.
a. Existing Land Use Credit. The Fee Credit for existing uses, as provided in Section 8.A of the WLA TIMP and the CTCSP, shall be determined and calculated as follows:
i. Existing land uses on a Project site for which a TIA Fee was paid pursuant to Ordinance Nos.160,394, 168,999, or 171,492 shall receive a Fee Credit based on the existing land uses for which a fee was previously paid; and
ii. For existing land uses that are not eligible for a credit under Subsection i., above, a Fee Credit shall be given when requested by the Applicant subject to all of the following:
(a) Applicants for Projects seeking credits for existing uses must provide LADOT with documentation supporting the existence and duration of the use (such as, lease agreements, utility bills, or previous environmental reviews). LADOT will validate credits for existing uses based on the provided documentation.
(b) Fee Credits shall not be given for existing Affordable Dwelling Units.
(c) If the existing use was active for at least six consecutive months during the past two years prior to submittal of plans to LADBS pursuant to LAMC Section 12.26 A.3., a 100 percent credit will be granted for the existing use pursuant to the calculation below. The 100 percent credit is calculated as follows:
Credit = (number of existing Units) x (TIA Fee per Unit)
The type of Unit and the TIA Fee per Unit for each land use are identified in the TIA Fee Table in Section C.1.a.
For special generators, pursuant to Section C.1.b, the fee shall be calculated as provided in Section C.1.b.
(d) If the existing use was active for at least six consecutive months during the past four years prior to submittal of plans to LADBS pursuant to Section 12.26 A.3. of this Code, a 50 percent credit will be granted for the previous use. The 50 percent credit is calculated as follows:
Credit = (number of existing Units) x (TIA Fee per Unit) x (.50)
The type of Unit and the TIA Fee per Unit for the land use are identified in the TIA Fee Table in Section C.1.a.
For special generators, pursuant to Section C.1.b, the fee shall be calculated as provided in Section C.1.b.
b. Affordable Housing Credit. The Affordable Housing Fee Credit pursuant to Section 8.B.2. of the WLA TIMP and the CTCSP shall be calculated as follows:
i. Calculation. Credits shall be granted for each Affordable Dwelling Unit in an amount equal to the fee for two Apartment units, as shown in the TIA Fee Table in Subsection C.1.a, as follows:
Credit = (Affordable Dwelling Units) x (2 x [TIA Fee per Apartment Unit])
The type of Unit and the TIA Fee per Unit for the land use are identified in the TIA Fee Table in Section C.1.a.
For special generators, pursuant to Section C.1.b, the fee shall be calculated as provided in Section C.1.b
ii. Maximum Credits. In no case shall the Affordable Housing Fee Credit exceed 50 percent of the TIA Fee for a Project.
c. Transit Oriented Development Credit. The Transit Oriented Development Fee Credit pursuant to Section 8.B.3. of the WLA TIMP and the CTCSP shall be calculated as follows:
i. A Project on a parcel within one- half mile of a transit station or stop serving a Dedicated Transit Line is eligible for a five percent Fee Credit; or
ii. A Project with a pedestrian entrance within one-quarter mile walking distance to a transit station or stop serving a Dedicated Transit Line is eligible for a 10 percent fee credit.
The applicant is required to submit a map subject to LADOT review and approval, showing the Project is eligible for a Transit Oriented Development Fee Credit.
d. No Credit for Administrative Costs. Notwithstanding the above, no credit shall be granted for that portion of the TIA Fee for the administrative costs of the TIA Fee program (five percent of total fee).
E. Transportation Improvement Project List.
1. The City Council shall adopt by resolution a list of TIA Fee Improvements as described in Section 6.B. of the WLA TIMP and the CTCSP that meet the purposes identified in Section 3 of the Specific Plans and are consistent with the most recently adopted fee study. The City Council may amend the resolution from time to time or approve the use of TIA Fee monies for transportation improvements not on the list of TIA Fee Improvements subject to the procedures in this Subsection E.
2. The list of TIA Fee Improvements shall include improvements in all of the following four categories:
a. Transit. A transit improvement is an improvement that encourages or supports the use of transit.
b. Active transportation. An active transportation improvement is an improvement that encourages or supports the use of biking and walking, and other forms of active transportation.
c. Roadway. A roadway improvement is an improvement that improves or maintains vehicular movement in the circulation system.
d. Trip reduction. A trip reduction improvement is an improvement that decreases vehicle miles travelled.
3. Updating the List of TIA Fee Improvements. Upon recommendation of LADOT or the LADCP, the City Council may amend the resolution and list of TIA Fee Improvements adopted pursuant to Subsection E.1., provided the following criteria are met:
a. The improvement achieves the purposes described in Section 3 of the CTCSP or the WLA TIMP; and
b. The improvement fulfills the transportation objectives of the improvement which it is to replace, including falling within the same category of improvement as identified in Subsection E.2. and at least one of the same type of project improvements existing in that category; and
c. The improvement meets at least one of the following:
i. The improvement implements one or more goals, objectives and policies of the Mobility Plan 2035; and/or
ii. The improvement is feasible and the planning and engineering is advanced enough that with sufficient funding or funds to meet a funding gap, construction can begin in the near future, (i.e., “shovel ready”); and/or
iii. The improvement does not hinder equitable geographic distribution of transportation projects within the Specific Plan geographies.
4. Funding Transportation Improvements that are not on the Approved List of TIA Fee Improvements. The City Council may by resolution allocate TIA Fee funds for an improvement project that is not included on the approved list of TIA Fee Improvements without amending the resolution adopted under Subsection E.1., provided the improvement meets the relevant criteria in Subsection E.3.
F. Administration.
1. Guidelines. The General Manager of the LADOT may adopt guidelines to implement the WLA TIMP and CTCSP TIA Fee programs consistent with the Specific Plans and this Ordinance.
2. Reporting Template. LADOT may develop a reporting template for the fee monitoring report. The template may include, but is not limited to, TIA Fee revenues, interest revenues, trust fund administration, encumbered monies, and expended monies.
G. Use of TIA Fees.
1. Administrative Costs. Up to five percent of TIA Fees may be used for administrative costs each year.
2. Prohibited Use of TIA Fee Monies. TIA Fee monies shall not be used for any of the following:
a. Improvements which do not provide a regional or sub-regional transportation benefit;
b. Project Serving Improvements;
c. Financing of any transportation improvement which is not of direct benefit to the Specific Plan Area from which the TIA Fee was collected;
d. Substituting for other transportation monies which have been allocated to the Specific Plan Area;
e. Operation and maintenance costs;
f. Curb, driveway, gutter, trees, street lights/power poles and sidewalk construction or repair, except as part of a transportation improvement pursuant to the Specific Plan;
g. Off-street parking facilities, except in conjunction with a TDM program;
h. Alley improvements; and
i. Private streets.
H. Severability. If any portion, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or phrases be declared invalid.