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Replacement Units shall be evidenced by a deed restriction that reserves and maintains the affordability of the Replacements Units, consistent with the requirements of this section, for the life of the Replacement Unit or for 99 years, whichever is greater. The deed restriction shall also state that rent levels cannot exceed those specified in this section.
1. Authority. The City Council may, by resolution and after a public hearing, grant administrative relief from the replacement unit requirements of this article in cases of documented, extreme hardship duly established to the satisfaction of the City Council.
2. Procedures. An application for administrative relief shall be filed with the Department of City Planning on forms provided by the Department, accompanied by such fee as may be established by the Department. The Department shall transmit the application, together with a staff report and recommendation, to the City Planning Commission, which shall provide its recommendation to the City Council within 60 days. The City Council shall consider such application for administrative relief within 60 days after transmission of the City Planning Commission’s recommendation, unless the Applicant consents to an extension of time.
When overlapping replacement housing requirements could be applied to a Hotel Development Project pursuant to this article or because the Hotel Development Project is subject to more than one inclusionary or replacement housing requirement under any federal, state, or local law, the Hotel Development Project, or any part thereof, shall be subject to the requirement that results in the production of the greatest amount and greatest depth of affordability of replacement or inclusionary units, as determined by the Director of the City Planning Department.
1. An Affordable Housing Plan shall be submitted as part of the application for First Approval of any Hotel Development Project. No application for a First Approval for a Hotel Development Project may be deemed complete unless an Affordable Housing Plan is submitted in conformance with the provisions of this section.
2. The Affordable Housing Plan shall either contain the Applicant’s certification, under penalty of perjury, that no Converted or Demolished Residential Dwelling Units meeting the standards set forth in Subsection 1. of Section 51.38 of this Code exist on site, or specify all of the following information:
a. How the replacement housing requirement in Subsection 1. of Section 51.38 of this Code will be satisfied;
b. The number, unit type, number of bedrooms and baths, approximate location, size and design, construction and completion schedule of all Replacement Units, and whether such Replacement Units will be For-Sale or Rental;
c. A marketing plan, including the manner in which Replacement Units will be offered to the public in a nondiscriminatory and equitable manner and consistent with the priorities set forth in Section 51.39 of this Code;
d. Specific methods to be used to verify tenant and purchaser incomes, when applicable, and to maintain the affordability of the Replacement Units;
e. Any other information that is reasonably necessary to evaluate the compliance of the Affordable Housing Plan with the requirements of this section and any implementing regulations.
3. The Affordable Housing Plan shall be reviewed by the Los Angeles Housing Department as part of the Approval of any Hotel Development Project. The Affordable Housing Plan shall be approved if it conforms to the provisions of this section and any implementing regulations. A condition shall be attached to the First Approval of any Hotel Development Project to require recordation of any Replacement Housing Agreement required by Subsection 4. of Section 51.45 of this Code prior to the approval of any final or parcel map or Building Permit for the Hotel Development Project. The Housing Department’s acceptance or denial of an Affordable Housing Plan shall be appealable to the City Council by the Applicant or by any Person aggrieved by the decision of the Housing Department.
4. Following the First Approval of a Hotel Development Project, for any Hotel Development Project required by this section to replace on-site Converted or Demolished Residential Dwelling Units meeting the standards set forth in Subsection 1. of Section 51.38 of this Code, the Los Angeles Housing Department shall prepare a Replacement Housing Agreement providing for the implementation of the Affordable Housing Plan and consistent with this section and any implementing regulations. Prior to the approval of any final or parcel map or issuance of any Building Permit for a Hotel Development Project subject to this section, the Replacement Housing Agreement shall be executed by the General Manager of the Los Angeles Housing Department and the Applicant and recorded against the entire Hotel Development Project property and any other property used for the purposes of providing Replacement Units pursuant to this section to ensure that the agreement will be enforceable upon any successor in interest. The Replacement Housing Agreement shall not be amended without the prior written consent of the Los Angeles Housing Department.
Each Replacement Housing Agreement shall include provisions for the monitoring by the City of each Hotel Development Project and each Replacement Unit for compliance with the terms of this section, any implementing regulations, and the applicable Replacement Housing Agreement. Such provisions shall require compliance reports to be submitted to the Los Angeles Housing Department by the Hotel owner on at least an annual basis, and the City may conduct periodic on-site audits to ensure compliance with all applicable laws, policies, and agreements. The City Council, by resolution, may establish fees for the ongoing administration and monitoring of the Replacement Units, which fees may be updated periodically, as required.
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