A. See Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code.
B. Definitions. For the purpose of this Section and Sec. 13B.2.4. (Project Review) of Chapter 1A
of this Code, the following words and phrases shall have the meanings specified below. Other terms used in this section shall have the meanings set forth in Section 12.03 of this Code if defined there.
1. Development Project. The construction of, addition to, or alteration of, any building or structure, or a change of use of an existing building or structure that requires a building permit and that results in an increase in floor area, or a net increase in average daily vehicle trips as determined by using trip generation factors promulgated by the Department of Transportation for the purpose of effectuating this section.
2. Discretionary Approval. An approval initiated by application of a property owner or representative related to the use of land including, but not limited to a:
(a) zone change;
(b) height district change;
(c) supplemental use district;
(d) conditional use approval;
(e) use, area or height variance;
(f) parcel map;
(g) tentative tract map;
(h) coastal development permit;
(i) development agreement;
(j) adjustments;
(k) density bonus greater than the minimums pursuant to Government Code Section 65915;
(l) density transfer plan;
(m) exception from a geographically specific plan;
(n) project permit pursuant to a moratorium or interim control ordinance;
(o) public benefit projects; or
(p) floor area deviation of less than 50,000 square feet pursuant to 14.5.7 of Article 4.5 of the Los Angeles Municipal Code.
(q) single-family dwelling with a cumulative Residential Floor Area of 17,500 square feet or larger within the HCR District pursuant to 13.20 of Article 3 of the Los Angeles Municipal Code.
3. Fast-food Establishment. Any establishment which dispenses food for consumption on or off the premises, and which has the following characteristics: a limited menu, items prepared in advance or prepared or heated quickly, no table orders, and food served in disposable wrapping or containers.
C. Project Review Requirements. No grading permit, foundation permit, building permit, or use of land permit shall be issued for any of the following development projects unless a Project Review has first been obtained pursuant to Sec. 13B.2.4. (Project Review) of Chapter 1A
of this Code. This provision shall apply to individual projects for which permits are sought and also to the cumulative sum of related or successive permits which are part of a larger project, such as piecemeal additions to a building, or multiple buildings on a lot, as determined by the Director.
(a) Any development project which creates, or results in an increase of, 50,000 gross square feet or more of nonresidential floor area.
(b) Any development project which creates, or results in an increase of, 50 or more dwelling units or guest rooms, or combination thereof.
(c) Any change of use to a Drive-Through Fast- food Establishment or any change of use to a Fast-food Establishment, either of which results in a net increase of 500 or more average daily trips as determined by, and using the trip generation factors promulgated by the Department of Transportation.
(d) Any change of use other than to a Drive- Through Fast-food Establishment or to a Fast-food Establishment which results in a net increase of 1,000 or more average daily trips as determined by, and using the trip generation factors promulgated by the Department of Transportation.
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(f) Any single-family residential development with a cumulative Residential Floor Area of 17,500 square feet or larger located in the HCR District.
This subdivision shall not apply to one-family dwellings located outside of a HCR District.
D. Exemptions.
1. Unless made discretionary by any other provision of law, the approval of any building permit for a development project which does not exceed the thresholds set forth in this subsection and Section 12.24 U.14. is ministerial and exempt from the requirements of the California Environmental Quality Act.
2. Any development project with a still-valid discretionary approval, including but not limited to those listed in Subsection B.2. of this section, shall be exempt from Project Review only if the applicable decision-making body determines in writing that the prior discretionary approval, and the required environmental review, considered significant aspects of the approved project's design (such as, but not limited to, building location, height, density, use, parking, access) and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the present permit in light of the conditions specified in Section 21166 of the California Public Resources Code. The Department of City Planning may require supplements to the environmental documentation to remain current. The Director is authorized to establish procedures to process determinations required under this subdivision.
3. Any development project located within the boundaries of an adopted Redevelopment Project Area with an Unexpired Redevelopment Plan, as defined in Section 11.5.14, shall be exempt from site plan review when:
(a) The Community Redevelopment Agency of the City of Los Angeles (CRA) and the City Council approved an owner participation agreement, a disposition and development agreement, a loan agreement, a cooperation agreement or other discretionary agreement for the development project prior to February 1, 2012; and
(b) The project was considered during a public hearing prior to February 1, 2012, conducted in accordance with the CRA's adopted policies and procedures for public hearings.
4. Any development project within a specific plan area for which an EIR was certified by the City Council not more than six years prior to the date of the present application for a building permit. The date of the application shall be the date on which architectural and structural plans sufficient for a complete plan check are accepted by the Department of Building and Safety. This exemption shall be applicable only if the Director determines in writing that the EIR considered significant aspects of the approved project’s design (such as, but not limited to, building location, height, density, use, parking, access) and that it is adequate for the issuance of the present permit. The Director is hereby authorized to establish procedures to process determinations.
5. Any development project on a motion picture and/or television production lot that is industrially or commercially zoned and is enclosed by a minimum six foot high wall or other barrier (such as building walls, fences, topographical barrier, etc.) which separates the facility and the development from adjacent properties. However, all new office uses shall be directly related to motion picture and/or television production and shall not be rented or leased to other entities not directly related to motion picture and/or television production uses.
6. Adaptive Reuse Projects in the Downtown Project Area pursuant to Section 12.22 A.26.
7. Any residential (including Apartment Hotel or mixed use) building located within the Greater Downtown Housing Incentive Area that is subject to Section 12.22 A.30. of this Code.
8. No restricted affordable unit shall be counted towards the dwelling unit or guest room thresholds described in Section 16.05 C.1(b). For purposes of this section, a restricted affordable unit is a unit or guest room subject to a recorded covenant or recorded regulatory agreement restricting rents or housing costs so that they do not exceed 30 percent of the maximum gross income of each income category, for households earning up to 120 percent of the area median income, for a period of at least 55 years for rental units, or at least 45 years for for-sale units, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,938, Eff. 8/19/23.)
9. Projects in those specific plan areas, as determined by the Director, where similar project site planning regulations are established by the specific plan and significant project environmental impacts, if any, are mitigated by the measures imposed in the Project Compliance.
10. Any development project that includes nonresidential floor area in which 50 percent or more of the total floor area is dedicated to restricted affordable units shall be exempt from the threshold in Section 16.05 C.1.(a), provided the development project maintains or increases the number and square feet of preexisting restricted affordable units and creates, or results in an increase of, no more than 150,000 gross square feet of nonresidential floor area. (Added by Ord. No. 187,938, Eff. 8/19/23.)
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I. Alternative Thresholds. A different threshold from that indicated in Section 16.05 C. of this Code may be established within a Community Plan or Specific Plan, or portion thereof, when specifically stated in the plan text and only when the plan area contains one or more of the following:
1. A transportation impacted area;
2. An environmentally sensitive area;
3. An historically sensitive area; or
4. Any other area of special significance which is clearly identified as to its significance and the need for a different threshold level.