The following words and phrases, whenever used in this article, shall be construed as defined in this section.
“Above Moderate Income Households” means an individual or household whose income exceeds the upper income limit of a Moderate Income Household.
“Affordable Housing Cost” means the housing cost for Dwelling Units as defined in Section 50052.5 of the California Health and Safety Code for owner-occupied housing and the affordable rent for rental units as defined in Section 50053(b) of the California Health and Safety Code, as applicable.
“Affordable Housing Plan” means the plan required to be submitted with an Applicant’s application for First Approval pursuant to Section 51.45 of this Code.
“Applicant” means any Person, or combination of Persons, or authorized representative thereof, who undertakes, proposes or applies to the City for a Planning Permit related to a Hotel Development Project.
“Building Permit” includes full structural building permits as well as partial permits such as foundation-only permits and permits for tenant improvements.
“Certificate of Occupancy” means the permit issued by the Los Angeles Department of Building and Safety authorizing the initial occupancy of a residential unit, including a temporary certificate of occupancy.
“Common Ownership or Control” means property owned or controlled by the same Person or Persons or by separate Persons in which any shareholder, partner, member, or family member of an investor of the person owns 10 percent or more of the interest in the property.
“Contiguous Property” means any parcel of land that is:
A. Touching another parcel at any point;
B. Separated from another parcel at any point only by a public right of way, private street or way, or public or private utility, service, or access easement; or
C. Separated from another parcel only by other real property of the Applicant, which is not subject to the requirements of this section at the time of the Planning Permit application by the Applicant.
“Conversion” and “Covert” mean a change of a Residential Dwelling Unit, including a mobilehome, as defined in Section 18008 of the California Health and Safety Code, or a mobilehome lot in a mobilehome park, as defined in Section 18214 of the California Health and Safety Code, or a residential hotel as defined Section 50519(b)(1) of the California Health and Safety Code, to a nonresidential use.
“Demolition” and “Demolish” mean the demolition of a Residential Dwelling Unit, including a mobilehome, as defined in Section 18008 of the California Health and Safety Code, or a mobilehome lot in a mobilehome park, as defined in Section 18214 of the Health and Safety Code, or a residential hotel, as defined in Section 50519(b)(1) of the California Health and Safety Code.
“Extremely Low Income Household” shall have the definition given in California Health and Safety Code Section 50106.
“Equivalent Size” means that the Replacement Unit contains at least the same total number of bedrooms as the Dwelling Unit being replaced.
“First Approval” means the first approval of a Planning Permit that occurs with respect to a Hotel Development Project.
“For-Sale” means and refers to any separately conveyable Dwelling Unit, including a condominium, stock cooperative, community apartment, or attached or detached single family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the Dwelling Unit is located or for the creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.).
“Guest Room” means any room, suite of rooms, dwelling unit, cottage, or bungalow used or intended to be used by a guest of a Hotel for transient sleeping purposes.
“Hotel” means an establishment that provides temporary lodging for payment in the form of overnight accommodations in guest rooms to transient patrons for periods of thirty consecutive calendar days or less. “Hotel” includes hotels, motor lodges, motels, apartment hotels, transient-occupancy residential structures, private residential clubs, tourist courts, and hostels that contain both dormitory-style accommodations and private guest rooms that may be reserved, meeting the definition set forth above. Except as provided above, the term “Hotel” also does not include corporate housing, rooming houses, boarding houses, single-room occupancy housing, any housing available only to students of an education institution, a residential hotel as defined in Section 50519 of the California Health and Safety Code, Short-Term Rentals as defined in Section 12.22 A.32. of this Code, or licensed bed and breakfast establishments within a single-unit residence.
“Hotel Development Project” means any project requiring a Planning Permit for which an application has been submitted to the City where such development would be permitted to create, through the construction or alteration of structures or through the Conversion of any other use to hotel use:
A. one or more Hotels with a total of at least 15 Guest Rooms; or
B. if on Contiguous Property under Common Ownership or Control, as part of the combined development on all of such property at the time of the application for First Approval, a total of 15 or more Guest Rooms.
“Income Category” means Extremely Low Income Household, Very Low Income Household, Lower Income Household, and Moderate Income Household.
“Interested Party” means a current or former tenant or owner of a Residential Dwelling Unit that has been or will be Converted or Demolished on the parcel or parcels of a proposed Hotel Development Project governed by this section, or their authorized representative. Interested Party also means any nonprofit organization exempted from federal taxation pursuant to Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, and organized for the purpose of maintaining or creating affordable housing.
“Lower Income Household” shall have the definition given in Section 50079.5 of the California Health and Safety Code.
“Moderate Income Household” shall have the definition given to “persons and families of moderate income” as defined in California Health and Safety Code Section 50093.
“Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
“Planning Permit” means a development agreement, general plan amendment, specific or area plan adoption or amendment, zoning, rezoning, pre-zoning, annexation, planned development permit, site plan review, zoning administrator adjustment, transfer of development rights, tentative map, vesting tentative map, parcel map, variance, conditional use permit, vesting conditional use permit, vesting development plan, special use permit, building permit, or similar discretionary or ministerial approval granted by the Department of City Planning or Department of Building and Safety.
“Rental” means and refers to a Residential Dwelling Unit that is not a For-Sale Dwelling Unit and that is made available for rent.
“Replacement Housing Agreement” means an agreement between the City and an Applicant, as described in Section 51.45 of this Code.
“Replacement Unit” means a Residential Dwelling Unit required by this section to be affordable to Extremely Low, Very Low, Lower, or Moderate Income Households.
“Residential Dwelling Unit” means a guest room, a light housekeeping room, a dwelling unit (including an efficiency dwelling unit, an accessory dwelling unit, and a junior accessory dwelling unit), or joint living and work quarters, all as defined in Section 12.03 of this Code; a mobile home, as defined in California Health and Safety Code Section 18008 that is used or intended to be used as a residence that is primarily long term in nature. Residential Dwelling Units do not include transient lodging, inpatient medical care, licensed long-term care, or detention or correctional facilities.
“Very Low Income Household” means a household earning no more than the amount defined by California Health and Safety Code Section 50105.