(Added by Ord. No. 181,412, Eff. 1/2/11.)
A. Purpose. This section sets forth procedures, guidelines, and standards for establishment of the “CPIO” Community Plan Implementation Overlay Districts within any zone in the City. The purpose of the CPIO District is to provide for supplemental development regulations tailored to each Community Plan area to:
1. Ensure that development enhances the unique architectural, environmental, and cultural qualities of each Community Plan area, integrates improvements and enhancements to the public right-of- way, and maintains compatible land uses, scale, intensity, and density;
2. Create an approval process to enable infill development that will positively impact communities.
B. Relationship to Other Zoning Regulations. Where the provisions of a CPIO District conflict with those of a Specific Plan or Historic Preservation Overlay Zone (HPOZ), then the provisions of the Specific Plan or HPOZ shall prevail. Regulations contained in the CPIO District dealing with uses, height, floor area ratio, and/or signage shall be more restrictive than applicable regulations in the underlying zone(s) and other supplemental use districts. If the provisions of the CPIO conflict with any other City-wide regulations in the Los Angeles Municipal Code or supplemental use districts other than a Specific Plan or HPOZ, then the requirements of the CPIO District shall prevail.
C. Establishment of the District. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
1. Initiation. The initiation of the establishment of a CPIO District or a change in boundaries of a district shall follow the procedures set forth in Sec. 13B.1.4. (Zone Change) of Chapter 1A
of this Code. In addition, each CPIO District shall have a minimum of one mapped CPIO District Subarea, as defined in Subsection D. of this section, to enable the initiation and activation of a CPIO District for an entire Community Plan Area.
2. Zoning Classification. At the time of establishment, the City Council may, pursuant to Sec. 13B.1.3. (Zoning Code Amendment) of Chapter 1A
of this Code, adopt an ordinance to amend Section 12.04 of this Code to establish a zoning classification to indicate the Community Plan Area in which the CPIO is located and the corresponding Subarea as defined in Subsection E. of this section.
3. Boundaries. A CPIO District shall share the boundaries of a Community Plan and contain at least one Subarea. Precise boundaries of the Subarea are required at the time of application for or initiation of an individual District.
4. Amendments to a CPIO. The procedures for amending a CPIO District or its Subareas, or adopting additional Subareas within an established CPIO District, are set forth in Sec. 13B.1.4. (Zone Change) of Chapter 1A
of this Code.
5 Supplemental Findings. In adopting a CPIO District, the City Council shall also find that the supplemental development regulations of the CPIO District are consistent with, and necessary to implement, the programs, policies, or urban design guidelines of the Community Plan for that area.
D. Definitions.
Community Plan Implementation Overlay (CPIO) Subarea. A further defined area within the CPIO District in which Community Plan programs and/or policies are implemented through supplemental development regulations. Subareas may be contiguous or non-contiguous parcels characterized by common Community Plan goals, themes and policies and grouped by a common boundary.
E. Content of a CPIO District. Each CPIO District shall contain the following:
1. Subarea Boundaries. A map showing all sites within the District's Subarea(s).
2. Project. A definition of the term “Project”, which shall set forth the type of developments or uses subject to the supplemental development regulations and/or processes. The District may define the term “Project” differently for each Subarea.
3. Supplemental Development Regulations. Supplemental development regulations and definitions that may apply to any zone and/or public right-of-way within a CPIO District's Subarea(s).
F. Issuance of Permits. For all Projects within a CPIO Subarea, the Department of Building and Safety shall not issue a grading, building or change of use permit unless an Administrative Review, CPIO Adjustment, or CPIO Exception has been obtained pursuant to the applicable procedures in Subsection G. of this Section. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
G. Review Procedures for Projects within a CPIO District. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) For all Projects within a CPIO District’s Subarea(s), an applicant shall follow the applicable procedures set forth below:
1. Administrative Review – Authority of the Director. An applicant for a Project that complies with the provisions of an adopted CPIO District shall submit plans to the Director for an Administrative Review pursuant to Sec. 13B.3.1. (Administrative Review) of Chapter 1A
of this Code. Projects which do not comply with the applicable CPIO District regulations may request relief through the procedures set forth in Subsections 2. and 3. of this section.
2. Community Plan Implementation Overlay Adjustment – Director Authority with Appeals to the Area Planning Commission. The Director or the Director’s designee shall have initial decision-making authority to grant a CPIO Adjustment with an appeal to the Area Planning Commission in accordance with the procedures set forth in Sec. 13B.4.4. (Project Adjustment) of Chapter 1A
of this Code.
(a) Applicability. Notwithstanding the provisions set forth in Sec. 13B.4.4. (Project Adjustment) of Chapter 1A
of this Code, unless otherwise limited by a CPIO District or CPIO District Subarea, a CPIO Adjustment shall be limited to deviations of up to 20 percent from the quantitative supplemental development regulations or minor adjustments from the qualitative supplemental development regulations in an adopted CPIO Subarea.
Each adopted CPIO ordinance shall indicate those development regulations which are not eligible for an adjustment through this Section. If an application requests more than one CPIO Adjustment, the Director may advise the applicant, prior to the application being deemed complete, that the request be filed and processed as a Project Exception, pursuant to Subsection 3. of this section. To the extent that a CPIO contains sign regulations, signs shall not qualify for relief through a CPIO Adjustment. All other Projects seeking relief from any development regulation which contains prohibition language, or development regulations otherwise designated in the CPIO as not eligible for adjustments, shall be processed through the Project Exception procedures listed under Subsection 3. of this section.
(b) Findings. The Director’s determination shall include written findings in support of the determination. Instead of the findings set forth in 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 CPIO regulation(s) impractical;
(ii) The project, as approved, is consistent with the purpose and intent of the CPIO and substantially complies with the applicable CPIO regulations;
(iii) In granting the adjustment, the Director has considered and found no detrimental effects of the adjustment on surrounding properties or 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 CPIO District Subarea.
3. Exceptions from a “CPIO” – Area Planning Commission Authority with Appeals to the City Council.
(a) Area Planning Commission Authority. The Area Planning Commission shall have initial decision-making authority for granting exceptions from CPIO regulations with an appeal to the City Council in accordance with the procedures set forth in Sec. 13B.4.5. (Project Exception) of Chapter 1A
of this Code.
In granting an exception from CPIO regulations, the Area Planning Commission shall impose conditions to remedy any resulting disparity of privilege, to protect the public health, safety, welfare, and to assure compliance with the objectives of the General Plan and the purpose and intent of the CPIO District. An exception from a CPIO regulation shall not be used to grant a special privilege, nor to grant relief from self-imposed hardships.
(b) Findings. Instead of the findings set forth in Sec. 13B.4.5. (Project Exception) of Chapter 1A
of this Code, the Area Planning Commission may permit an exception from a CPIO regulation not involving signage if it makes all the following findings:
(i) The strict application of the CPIO regulations to the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the CPIO District and its regulations;
(ii) There are exceptional circumstances or conditions applicable to the subject property involved or to the intended use or development of the subject property that do not apply generally to other properties in the CPIO District and/or Subarea;
(iii) An exception from the CPIO regulation is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property within the CPIO District and/or Subarea in the same zone and vicinity but which, because of special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question;
(iv) The granting of an exception will not be detrimental to the public welfare or injurious to the property or improvements adjacent to or in the vicinity of the subject property; and
(v) The granting of an exception will be consistent with the principles, intent and goals of the CPIO District and/or Subarea and any applicable element of the General Plan.
Instead of the findings set forth in Sec. 13B.4.5. (Project Exception) of Chapter 1A of this Code, the Area Planning Commission may permit an exception from a CPIO regulation concerning signage if it makes all the following findings:
(i) Strict compliance would result in practical difficulty or unnecessary hardship inconsistent with the purposes of the zoning restrictions due to unique existing physical circumstances on the subject property;
(ii) An exception from the CPIO regulation is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property within the CPIO District and/or Subarea in the same zone and vicinity but which, because of special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question;
(iii) The exception would not constitute a special grant of privilege.