Chapter 22.162 — DEVELOPMENT AGREEMENTS

This Chapter establishes procedures and requirements for consideration of Development Agreements for the purposes specified in, and as authorized by, Article 2.5 (Development Agreements), Chapter 4, Title 7 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. The Commission may recommend, and the Board may enter into, a Development Agreement for the development of real property with any person having a legal or equitable interest in such property as provided in this Chapter.

B.

Local Coastal Program. A Development Agreement shall not be approved in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (California Coastal Act) of the California Public Resources Code unless:

1.

The required local coastal program has been certified by such provisions prior to the date on which the Development Agreement is approved; or

2.

In the event that the required local coastal program has not been certified, the California Coastal Commission approves such Development Agreement by its formal action.

(Ord. 2019-0004 § 1, 2019.)

22.162.030 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Development Agreement Checklist.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.162.040 - Findings and Decision.

A.

Findings.

1.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection A.2, below.

2.

The Commission shall recommend approval of an application to the Board if the following findings are made:

a.

The proposed Development Agreement is consistent with the General Plan and any applicable Community, Area, or Specific Plan.

b.

The proposed Development Agreement complies with zoning, subdivision, and other applicable ordinances and regulations.

c.

The proposed Development Agreement is consistent with the public safety, welfare, and convenience, making it in the public interest to enter into the Development Agreement with the applicant.

d.

The proposed Development Agreement will not:

i.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;

ii.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or

iii.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

B.

Coordination of Approvals.

1.

Where an application for a Development Agreement is concurrently filed with an application for a Zone Change, permit, variance, tentative tract, or minor land division and may be feasibly processed together, all public hearings shall be concurrently held.

2.

In instances where the provisions of applicable ordinances would permit the modification of development standards during consideration of such Development Agreement, such standards may be concurrently considered where modification is requested.

(Ord. 2022-0008 § 106, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Every Development Agreement entered into by the Board shall include the following terms, conditions, restrictions, and requirements:

1.

The duration of the agreement, including a specified termination date if appropriate;

2.

The uses to be permitted on the property;

3.

The density or intensity of use permitted;

4.

The minimum height, size, and location of buildings permitted;

5.

The reservation or dedication of land for public purposes to be accomplished, if any; and

6.

The time schedule established for periodic review as required by Section 22.162.120 (Review for Compliance—Director's Authority).

B.

Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision, or other ordinances, laws, or regulations applicable to the proposed development.

C.

A Development Agreement may also include additional terms, conditions, restrictions, and requirements for subsequent discretionary actions in addition to those provided in Subsection A, above, provided that such terms, conditions, restrictions, and requirements do not prevent development of the lot included in such agreement for the uses and to the density or intensity of development set forth in the agreement, including but not limited to:

1.

The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

2.

The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;

3.

The prohibition of one or more uses normally listed as permitted, accessory, or subject to discretionary review in the zone where placed;

4.

The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur;

5.

The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to, guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the Executive Office of the Board and assign to the County, certificates of deposit or savings and loan certificates or

shares equal in amount to the same conditions as set forth herein. Such deposit and assignment shall comply with all the provisions and conditions of Chapter 4.36 (Assignment of Savings and Loan Certificates and Shares) in Title 4 of the County Code;

6.

The requirements of specified design criteria for the exteriors of buildings and other structures, including signs;

The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress;

8.

The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and

9.

The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property.

(Ord. 2019-0004 § 1, 2019.)

Unless otherwise provided by a Development Agreement, the General Plan, zoning, subdivision, and other ordinances, rules, regulations, and official policies governing permitted uses of land, governing density and governing design, improvement and construction standards, and specifications applicable to property subject to a Development Agreement shall be those applicable to such development on the date of execution of the Development Agreement by the Board; provided, however, that a Development Agreement shall not:

A.

Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies in subsequent applications applicable to the property which do not conflict with such existing ordinances, rules, regulations, and policies; or

B.

Prevent the approval, approval subject to conditions, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations, and policies.

(Ord. 2019-0004 § 1, 2019.)

In the event that federal or State laws or regulations enacted subsequent to execution of a Development Agreement prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with said federal or State law or regulation.

(Ord. 2019-0004 § 1, 2019.)

22.162.080 - Adoption of Ordinance—Execution of Contract.

A.

Approval by the Board of a Development Agreement shall be by ordinance.

B.

No ordinance shall be adopted and the Board shall not execute a Development Agreement until it has been executed by the applicant. If the applicant has not executed the agreement or agreement as modified by the Board, and returned said executed agreement to the Executive Office of the Board within 30 days following Board approval, the approval shall be deemed withdrawn, and the Board shall not adopt said ordinance nor execute said agreement.

C.

Such 30-day time period may be extended upon approval of the Board.

(Ord. 2019-0004 § 1, 2019.)

Not more than 10 days following the execution of a Development Agreement by the Board, the Executive Office of the Board shall record with the Registrar-Recorder/County Clerk a copy of the executed agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.100 - Enforcement—Continuing Validity.

A.

Unless and until amended or cancelled in whole or in part as provided in Section 22.162.110 (Amendment or Cancellation), a Development Agreement shall be enforceable by any party thereto notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in Section 22.162.060 (Ordinances, Regulations, and Requirements Applicable to Development).

B.

The burden of a Development Agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.110 - Amendment or Cancellation.

A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment or cancellation shall be the same as provided in this Chapter for initiation and consideration of such agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.120 - Review for Compliance—Director's Authority.

A.

Every Development Agreement entered into by the Board shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than 12 months.

B.

The Director shall determine on the basis of substantial evidence that the applicant or his successor in interest has or has not complied with the agreement. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant or its successor in interest of those findings as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than 30 days, may result in legal action to enforce compliance, termination, or modification of the agreement.

C.

It is the duty of the applicant or its successor in interest to provide evidence of good faith compliance with the agreement to the Director's satisfaction at the time of said review. Refusal by the applicant or its successor in interest to provide the required information shall be deemed prima facie evidence of violation of such agreement.

D.

If, at the end of the time period established by the Director, the applicant or its successor in interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating such compliance, the Director shall notify the Commission of the Director's findings recommending such action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.130 - Violation of Agreement.

A.

Commission Review.

1.

Where the Director notifies the Commission that the Director's findings indicate that a Development Agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided in this Chapter for initiation and consideration of a Development Agreement.

2.

If as a result of such hearing the Commission finds that the applicant or his successor in interest is in violation of a Development Agreement, it shall notify the Board of its findings, recommending such action

as it deems appropriate.

B.

Board Actions. Where the Commission reports the violation of a Development Agreement, the Board may take one of the following actions:

1.

Approve the recommendation of the Commission instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement.

2.

Refer the matter back to the Commission for further proceedings with or without instructions.

3.

Schedule the matter for hearing before itself where termination or modification of an agreement is recommended. Procedures for such hearing shall be the same as provided in Section 22.162.110 (Amendment or Cancellation).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.164 - EXPLOSIVES PERMITS

Specific terms used in this Chapter are defined in Section 22.14.050 of Division 2 (Definitions), under "Explosive and Explosives."

(Ord. 2019-0004 § 1, 2019.)

22.164.020 - Applicability.

A.

General Applicability. No quantity of explosives, other than gunpowder, in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house, or building in the County without a permit as specified in this Chapter, unless said explosives are contained in a magazine situated, constructed, operated, and maintained in the manner described in Part 1 (High Explosives) of Division 11 of the California Health and Safety Code.

B.

Exemption. This Chapter shall not apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported, or is awaiting transportation or

delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all of the materials required by the Explosives Permit Checklist.

B.

Type II Review. If the application request is to store explosives for not more than three months and there is no permit in force for that location, the application shall be filed and processed in compliance with Chapter 22.228 (Type II Review—Discretionary) and this Chapter.

C.

Type III Review. If the application request is to store explosives for more than three months, the application shall be filed and processed in compliance with Chapter 22.230 (Type III Review—Discretionary) and this Chapter.

D.

Agency Review.

1.

The Director shall immediately notify the Fire Department of every application for a permit to keep or store explosives. Where a public hearing is to be held, the Director shall notify the Fire Department of the time and place thereof.

2.

The Fire Department, within 10 days after receipt of a copy of the application for a permit, shall furnish to the Director a report thereon as to whether or not in the Fire Chief's opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application.

(Ord. 2019-0004 § 1, 2019.)

22.164.040 - Findings and Decision.

A.

Common Procedures. Findings and decision shall be made in compliance with Section 22.220.200 (Findings and Decision) and include the findings in Subsection B, below.

B.

Findings.

1.

The report of the Fire Department indicates the explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the application.

2.

The requested explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.

(Ord. 2019-0004 § 1, 2019.)

The Commission or Hearing Officer shall consider and may impose such conditions as deemed necessary to protect the public health, safety, and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The Commission or Hearing Officer may also approve the permit contingent upon compliance with applicable provisions of other ordinances.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.166 - HOUSING PERMITS

The Housing Permit is established to facilitate the increased production of affordable housing, including transitional and supportive housing, and senior citizen housing.

(Ord. 2021-0017 § 26, 2021; Ord. 2019-0053 § 26, 2019.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable Housing and Senior Citizen Housing."

(Ord. 2019-0053 § 26, 2019.)

This Chapter applies to projects that provide affordable housing, including transitional and supportive housing, or senior citizen housing and may be eligible to receive various benefits, including but not limited to: density bonuses, incentives, waivers or reductions of development standards, and permit streamlining pursuant to the State Density Bonus Law, as set forth in section 65915 of the California Government Code,

as amended, or any other State laws or local ordinances or policies that aim to increase the production of affordable housing, including transitional and supportive housing, and senior citizen housing.

(Ord. 2021-0017 § 27, 2021; Ord. 2020-0064 § 13, 2020; Ord. 2019-0053 § 26, 2019.)

A.

Review Authority. The Director is the Review Authority for an Administrative Housing Permit application, except when a discretionary or legislative application is filed concurrently with an application for an Administrative Housing Permit, in which case the Hearing Officer, the Commission, or the Board is the Review Authority for the Administrative Housing Permit.

B.

Application and Review Procedures.

1.

Application Materials.

a.

Application Checklist. The application shall contain all of the materials required by the Administrative Housing Permit Checklist.

b.

Additional Application Materials. For projects subject to Section 22.128.200 (Supportive Housing Streamlining) and transitional housing projects subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent), the applicant shall provide a supportive services plan, with documentation describing those services and demonstrating that supportive services will be provided on-site to residents in the project. The plan shall include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services;

ii.

The proposed funding source or sources for the provided onsite supportive services; and

iii.

Proposed staffing levels.

2.

Fees.

a.

When an Administrative Housing Permit application is filed, it shall be accompanied by the required filing fee, as shown in Table 22.250.010-A (Filing Fee Schedule), or as specified otherwise in Subsections B (Fee Exemption and Reductions for Affordable Housing) or D (Fee Exemption for Mobilehome Parks) of Section 22.250.020.

3.

Additional Application and Review Procedures.

a.

The application shall be in compliance with Section 22.222.060 (Multiple Applications).

b.

The application shall be in compliance with Subsections A, B, and D of Section 22.222.070 (Application Filing and Withdrawal).

c.

The application shall be in compliance with Section 22.222.090 (Initial Application Review).

d.

Projects subject to Section 22.128.200 (Supportive Housing Streamlining). The applicant shall be notified whether the application is deemed complete within 30 days of receipt of the application.

C.

Findings and Decision.

1.

An application that meets all the requirements for an Administrative Housing Permit shall be approved, unless any of the following is found on substantial evidence:

a.

When an incentive is requested:

i.

The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents for the income-restricted units;

ii.

The incentive would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, or the

incentive would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low, very low, lower, or moderate income households; or

iii.

The incentive is contrary to State or federal law.

b.

When a waiver or reduction of development standards is requested:

i.

The development standard for which the applicant is requesting a waiver or reduction does not physically preclude the construction of the project at the densities or with the incentives permitted by Chapter 22.120 (Density Bonus);

ii.

The waiver or reduction would have a specific adverse impact upon public health and safety, or the physical environment, or any real property that is listed in the California Register of Historical Resources, or the waiver or reduction would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

iii.

The waiver or reduction is contrary to State or federal law.

c.

When an additional incentive for the provision of a child care facility is requested:

i.

The additional incentive for a child care facility significantly does not contribute to the economic feasibility of the construction of the child care facility;

ii.

The additional incentive would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, or the incentive would have a specific adverse impact for which there is a feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to extremely low, very low, lower, or moderate income households; or

iii.

The incentive is contrary to State or federal law.

d.

When a reduced of number of supportive or transitional housing units due to a subsidy termination is requested, pursuant to Section 22.182.280 (Reduced Number of Supportive Housing Due to Termination of Subsidy), Section 22.130.260 (Reduced Number of Transitional Housing Units Due to Termination of Subsidy), or Section 22.140.660.E.1.i (Reduced Number of Transitional Housing Units Due to Termination of Subsidy):

i.

The owner has made efforts to find other sources of financial support;

ii.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project financial feasibility; and

iii.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

2.

Where no concurrent consideration is conducted for a discretionary or legislative application, a decision on an Administrative Housing Permit shall be made within the following time period:

a.

Within 90 days of application submittal, if the project contains 150 or fewer dwelling units, including dwelling units permitted by any density bonus awarded; or

b.

Within 180 days of application submittal, if the project contains more than 150 dwelling units, including dwelling units permitted by any density bonus awarded.

c.

Projects subject to Section 22.128.200 (Supportive Housing Streamlining).

i.

Within 60 days after the application is deemed complete, if the project contains 50 or fewer units, including dwelling units permitted by any density bonus awarded.

ii.

Within 120 days after the application is deemed complete, if the project contains more than 50 units, including dwelling units permitted by any density bonus.

d.

Within 120 days after the application is deemed complete for transitional housing projects, subject to Section 22.130.200 (Motel Conversions, Permanent) or Section 22.140.660 (Motel Conversions, Temporary).

3.

The Review Authority, in approving an application for an Administrative Housing Permit, shall require the applicant to enter into and record a covenant and agreement with the County, as described in Section 22.166.070 (Covenant and Agreement), to ensure the affordability, age restrictions, transitional housing restrictions, and/or supportive housing restrictions, and where applicable, require a monitoring fee, pursuant to Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

4.

The Review Authority's decision on an Administrative Housing Permit is final and is not subject to Chapter 22.240 (Appeals).

D.

Documentation. The Review Authority's decision may be in the form of a letter or in the form of a stamp, signature, or other official notation or documentation on the site plan, or on Exhibit "A," as described in Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A") when a discretionary or legislative application is considered concurrently.

E.

Effective Date of Permit.

1.

The Administrative Housing Permit is effective on the date documentation is provided, pursuant to Subsection D (Documentation) of Section 22.166.040.

2.

Notwithstanding Subsection E.1, above, when a discretionary application is considered concurrently with an Administrative Housing Permit:

a.

The Administrative Housing Permit shall be effective on the 15th day following the date of the discretionary application decision, unless an appeal of the discretionary application decision is timely filed, or an appeal body calls for review of the discretionary application decision, pursuant to Section 22.222.230 (Effective Date of Decision and Appeals) and Chapter 22.240 (Appeals).

b.

Notwithstanding Subsection E.2.a, above, where the discretionary application is a tentative map, parcel map, or request for parcel map waiver, the Administrative Housing Permit shall become effective on the first day after expiration of the time limit established by Section 66452.5 of the California Government Code, as

set forth in Section 21.56.010 (Procedures - Submittal and Determination) of Title 21 of the County Code, unless an appeal of the decision on the tentative map, parcel map, or request for parcel map waiver is timely filed, pursuant to Section 21.56.010 (Procedures - Submittal and Determination) of Title 21 of the County Code.

c.

Where a discretionary application decision is timely appealed to, or called for review by the Board, the Administrative Housing Permit shall be effective the date of decision by the Board of such appeal or review.

F.

Time Limits for Unused Permits.

1.

An approved Administrative Housing Permit shall not expire. All other concurrent permits required by this Title 22 approved for the same project shall also not expire, except for those approved for the nonresidential component of a mixed-use development.

2.

Notwithstanding Subsection F.1, above, in the case of an Administrative Housing Permit approved concurrently with a subdivision, the time limit shall be concurrent and consistent with those of the subdivision.

G.

Termination. Upon a showing of good cause and after consultation with the Executive Director of the LACDA, the Administrative Housing Permit may be terminated by the Director of Regional Planning.

(Ord. 2021-0018 § 16, 2021; Ord. 2021-0017 § 28, 2021; Ord. 2021-0010 § 38, 2021; Ord. 2019-0053 § 26, 2019.)

22.166.050 - Discretionary Housing Permit.

A.

Application and Review Procedures.

1.

Application Checklist. The application shall contain all of the materials required by the Discretionary Housing Permit Checklist.

2.

Fees.

a.

When a Discretionary Housing Permit application is filed, it shall be accompanied by the required filing fee, as shown in Table 22.250.010-A (Filing Fee Schedule), or as specified otherwise in Subsection B (Fee Exemption and Reductions for Affordable Housing) of Section 22.250.020, subject to Chapter 22.120 (Density Bonus).

b.

The Director shall refer the application to the LACDA for review, pursuant to this Chapter, and the applicant shall pay directly to the LACDA the Housing Permit Evaluation Fee, as described in Subsection B.3.a of Section 22.250.010.

3.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review - Discretionary) and this Chapter.

B.

Findings and Decision.

1.

Common Procedures. Findings and decision shall be made in compliance with Section 22.230.050 (Findings and Decision) and include the findings in Subsection B.2, below, where applicable.

2.

Findings.

a.

The project will be consistent with the General Plan.

b.

The project will not:

i.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area or within the project;

ii.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; and

iii.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

c.

The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.

d.

The project site is adequately served:

i.

By highways or streets of sufficient width, and improved, as necessary, to carry the kind and quantity of traffic such use would generate; and

ii.

By other public or private service facilities, as are required.

e.

The project is complimentary to the surrounding area in terms of land use patterns and design.

f.

Any incentives, waivers, or reductions of development standards will contribute to the use and enjoyment of persons residing within the project.

g.

The project will contribute to satisfying the affordable housing needs of the unincorporated areas of Los Angeles County.

C.

Conditions of Approval.

1.

The Review Authority may impose any conditions deemed necessary to ensure that the project will be in accordance with the findings required by Subsection B (Findings and Decision), above.

2.

The Review Authority may impose conditions that involve any pertinent factors affecting the establishment, operation, and maintenance of the project.

3.

The Review Authority may also approve the requested Discretionary Housing Permit, contingent upon compliance with applicable provisions of other ordinances.

4.

The Review Authority, in approving an application for a Discretionary Housing Permit, shall condition the applicant to enter into and record a covenant and agreement with the County, as described in Section 22.166.070 (Covenant and Agreement), to ensure the affordability or age restrictions of the units, and, if applicable, require a monitoring fee, pursuant to Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

D.

Time Extension for Unused Permits. Notwithstanding Subsection B of Section 22.222.270:

1.

Where an application requesting an extension for an unused Discretionary Housing Permit is filed prior to the expiration date, the Director may extend the time limit in Subsection A of Section 22.222.270 for a period not to exceed one year.

2.

The Director may grant an additional (second) one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension.

E.

Termination. Upon a showing of good cause and after consultation with the Executive Director of the LACDA, the Discretionary Housing Permit may be terminated by the Director of Regional Planning.

(Ord. 2019-0053 § 26, 2019.)

22.166.060 - All Zone and District Regulations Apply Unless Permit Is Granted.

Unless specifically modified by a Housing Permit, all regulations prescribed in the zone, the community standards district, or the specific plan in which such Housing Permit is granted shall apply.

(Ord. 2019-0053 § 26, 2019.)

A.

Affordable Housing. A covenant and agreement, acceptable to the LACDA, shall be recorded by the applicant with the Registrar-Recorder/County Clerk to ensure the continuing availability of incomerestricted units, and as applicable, transitional housing restricted units, supportive housing restricted units, age-restricted units, and child care facilities, in compliance with this Chapter, Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent), and Section 22.140.660 (Motel Conversions, Temporary). All Housing Permits without a covenant and agreement that are recorded within 180 days of the Housing Permit effective date shall be null and void. No building permit shall be issued prior to the covenant recordation.

Standard Terms. The covenant and agreement shall include, but not be limited to, the following:

a.

The total number of dwelling units and the number of income-restricted units that must be restricted and monitored on an annual basis.

b.

The household income levels assigned to the income-restricted units.

c.

The location, sizes (square footage), and number of bedrooms of the income-restricted units. For-sale dwelling units must be fixed, and the rental dwelling units may float, as approved in writing by the LACDA.

d.

Authorization by applicant for LACDA to conduct periodic site inspections.

e.

Remedies, including monetary penalties, for violation of the covenant and agreement, and of this Section.

2.

Rental Income-Restricted Units. When income-restricted units are rental dwelling units, the covenant and agreement shall also include owner requirements related to the following, and subject to the LACDA's review and approval:

a.

Duration of affordability, as specified;

b.

Policies and procedures to ensure a fair and transparent lease-up process, which may include, but are not limited to: advertising on the Los Angeles County Housing Resource Center website (or any similar or replacement County database or website, as applicable); an initial lease-up and tenant selection plan that outlines application qualification criteria and owner waiting list protocols; and a management plan that describes processes for filling vacancies and maintaining the habitability of the income-restricted units;

c.

Provisions requiring owners to submit a written request for the LACDA's review and approval for a change in property management company, such request to be made 60 days prior to effect; and

d.

Provisions requiring owners to comply with monitoring procedures, as described in Section 22.166.080 (Monitoring of Affordable Housing).

3.

For-Sale Income-Restricted Units. When income-restricted units are for-sale dwelling units, the covenant and agreement shall also include owner requirements related to the following and subject to the LACDA's review and approval:

a.

Policies and procedures to restrict the initial sale to eligible buyers, including but not limited to: provisions for owner compliance with the creation of an affirmative marketing plan and advertising on the Los Angeles County Housing Resource Center website (or any similar or replacement County database or website, as applicable); a home buyer selection plan with applicant qualification criteria; the rules and procedures for qualifying buyers; and, where applicable, establishment of affordable housing costs and affordable sales prices;

b.

Provisions restricting the income-restricted units to be owner-occupied;

c.

Provisions requiring owners to comply with monitoring procedures, as described in Section 22.166.080 (Monitoring of Affordable Housing); and

d.

Provisions restricting the initial sale to eligible buyers, and requiring equity sharing with the County that states the following terms:

i.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation;

ii.

The seller's proportionate share of appreciation shall be the total appreciation, minus the County's proportionate share of appreciation;

iii.

Upon resale, the County shall recapture any initial subsidy and receive the County's proportionate share of appreciation;

iv.

The County's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale;

v.

The County's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the fair market value is lower than the initial fair market value, then the value at the time of the resale shall be used as the initial fair market value;

vi.

The County, a County-designated agency, or a qualified nonprofit shall maintain right of first refusal on the unit for the purpose of sale or rental to eligible households; and

vii.

All County equity-sharing proceeds shall be used within five years for any of the purposes described in section 33334.2(e) of the California Health and Safety Code that promote affordable home ownership.

e.

Notwithstanding Subsection A.3.d., above, if the units are part of a community land trust, the community land trust shall maintain equity in sales of the income-restricted units to qualifying households.

4.

Age-Restricted Units. When a housing development subject to this Subsection A includes age-restricted units, the covenant and agreement shall include provisions to ensure the age restrictions of the incomerestricted units in accordance with section 51.3 of the California Civil Code.

5.

Child Care Facilities. When a housing development subject to this Subsection A includes a child care facility, the covenant and agreement shall also include the following to ensure compliance with subsections (A) and (B) of section 65915(h)(2) of the California Government Code:

a.

The rules and procedures for qualifying children, filling vacancies, and maintaining a percentage of use by qualified households;

b.

The minimum amount of time in which a child care facility must remain in operation. That period of time shall be as long or longer than the period of time the income-restricted units are required to remain affordable, pursuant to Chapter 22.120 (Density Bonus); and

c.

The minimum required percentage of children of very low, lower, or moderate income households who attend the child care facility, which shall be equal to or greater than the percentage of dwelling units that are required for very low, lower, or moderate income households, pursuant to Subsection D (Additional Density Bonus or Incentive for Child Care Facility) of Section 22.120.050.

6.

Transitional Housing and Supportive Housing. When a housing development subject to this Subsection A is subject to Section 22.128.200 (Supportive Housing Streamlining) or is a transitional housing project subject to Section 22.130.200 (Motel Conversions, Permanent) or Section 22.140.660 (Motel Conversions, Temporary), the covenant and agreement shall also include:

a.

The number of units restricted to transitional or supportive housing for the respective target population;

b.

The size (square footage) and location of the supportive services area;

c.

A transition plan to be implemented one year prior to the end of the term of income restriction. The transition plan shall ensure that change to the occupancy of the supportive or transitional housing units is made in a manner that minimizes occupant disruption and only upon the vacancy of such units; and

d.

Duration, as specified.

B.

Senior Citizen Housing. A covenant and agreement, acceptable to the LACDA, shall be recorded by the applicant with the Registrar-Recorder/County Clerk to ensure the continuing availability of senior citizen housing, in compliance with this Chapter and Chapter 22.120 (Density Bonus). The covenant and agreement shall contain remedies for violations of the covenant and agreement and of this Section. The covenant and agreement shall be recorded within 30 days of the Housing Permit effective date.

C.

Release of the Covenant and Agreement. The covenant and agreement shall terminate and cease to be in effect, should the Housing Permit be terminated, pursuant to Subsection G (Termination) of Section 22.166.040 and Subsection E (Termination) of Section 22.166.050.

(Ord. 2021-0018 § 17, 2021; Ord. 2021-0017 § 29, 2021; Ord. 2020-0064 § 14, 2020; Ord. 2019-0053 § 26, 2019.)

22.166.080 - Monitoring of Affordable Housing.

The monitoring of income-restricted, transitional housing and supportive housing units shall be administered by the LACDA. The LACDA shall be responsible for verifying income eligibility, verifying provision of on-site services for supportive and transitional housing units, monitoring sales of incomerestricted units to qualified buyers, conducting periodic site inspections, and administering the annual certification of income restricted units approved pursuant to this Chapter, for the duration of the required term, as specified in Chapter 22.119 (Affordable Housing Replacement), Chapter 22.120 (Density Bonus), Chapter 22.121 (Inclusionary Housing), Section 22.128.200 (Supportive Housing Streamlining), Section 22.130.200 (Motel Conversions, Permanent ), or Section 22.140.660 (Motel Conversions, Temporary).

A.

Certification. Property owners shall certify with the LACDA that the income-restricted units are in conformance with the terms of the Housing Permit after the final certificate of occupancy is issued by Public Works for any dwelling unit in the project, and thereafter, on or before January 2 of each year.

B.

Fees. The applicant for an approved Housing Permit shall pay monitoring fees, as described in Subsection B.3.b (Housing Permit Monitoring Fees) of Section 22.250.010.

C.

Reporting. On or before April 1 of each year, the LACDA shall provide an annual report to the Director that describes the following:

1.

The location and status of each income-restricted unit, including, where applicable, those incomerestricted units restricted as transitional housing or supportive housing, approved in accordance with this Chapter; and

2.

The results of the certification of each income-restricted unit and a notification to the Director of any necessary actions to maintain the income-restricted units.

D.

Enforcement and Noncompliance. In the event of noncompliance, the owner of the income-restricted units shall be subject to Chapter 22.242 (Enforcement Procedures), the remedies described in the covenant and agreement, and any other remedies at law.

(Ord. 2021-0018 § 17, 2021; Ord. 2021-0017 § 30, 2021; Ord. 2020-0064 § 15, 2020; Ord. 2019-0053 § 26, 2019.)

Chapter 22.168 - LOS ANGELES COUNTY MILLS ACT PROGRAM

The provisions of this Chapter 22.168 are known as, and may be cited as, the "Los Angeles County Mills Act Program."

(Ord. 2019-0004 § 1, 2019.)

The Program provides an incentive for owners of qualified historical properties within the unincorporated areas of the County to preserve, restore, and rehabilitate the historic character of such properties, thereby providing an historical, architectural, social, artistic, and cultural benefit to the citizens of the County, as authorized by the provisions of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code, which provisions are commonly known as the "Mills Act."

(Ord. 2019-0004 § 1, 2019.)

Specific term(s) used in this Chapter are defined in Section 22.14.130 of Division 2 (Definitions), under "Mills Act Program."

(Ord. 2019-0004 § 1, 2019.)

Only qualified historical properties shall be eligible to participate in the Program.

(Ord. 2019-0004 § 1, 2019.)

To implement the Program, the Director shall propose provisions to control the cost to the County of the operation of the Program, including, but not limited to, provisions designed to limit the total reduction in unrealized property tax revenue to the County resulting from historical property contracts. The Director, in consultation with the Landmarks Commission, shall also propose priority criteria by which an application can receive priority consideration over other applications. Such provisions and priority criteria must be approved by the Board, and may be amended from time to time by the Board.

(Ord. 2019-0004 § 1, 2019.)

A.

Any person may file an application with the Director to enter into an historical property contract. An application must be accompanied by the applicable application fee, which shall be non-refundable.

B.

An application shall contain the following information:

Name and address of the applicant and of all owners of the subject property;

2.

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application;

3.

The location and legal description of the subject property;

4.

Evidence that the subject property is a qualified historical property;

5.

A proposed plan for the preservation and, when necessary, the restoration or rehabilitation of the subject property, including a plan for all construction and maintenance work which is proposed to be performed;

6.

Evidence satisfactory to the Director that execution of the historical property contract will result in the preservation and, when necessary, the restoration and/or rehabilitation of a qualified historical property; and

7.

Such other information as the Director may require.

(Ord. 2019-0004 § 1, 2019.)

After the Director determines that an application to participate in the Program is complete, the Director shall cause to be conducted, and the owners shall allow, an inspection of the interior and exterior of the subject property to substantiate the information and evidence contained in the application, and to determine whether the work proposed as part of the plan required by Section 22.168.060.B.5 is necessary for and will result in the preservation and, when necessary, the restoration or rehabilitation of the subject property.

(Ord. 2019-0004 § 1, 2019.)

A.

Grant of Application. The Director may grant an application if, after the inspection required by Section 22.168.070 (Inspection of the Property), the Director determines that the information and evidence contained in the application has been substantiated, and that the work proposed as part of the plan

required by Section 22.168.060.B.5 is necessary for, and will result in, the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. Upon granting the application, the Director and all owners of the subject property shall execute an historical property contract containing all of the provisions required by Section 22.168.100 (Required Provisions of an Historical Property Contract), and including the plan required by Section 22.168.060.B as an exhibit, incorporating its provisions into the contract. An historical property contract shall not be effective for any purpose unless all owners of the subject property execute the historical property contract and pay the applicable non-refundable, contract execution fee. Within 20 days after execution of the contract, the owners shall pay all required inspection, recording, and other fees set forth in the contract.

B.

Denial of Application. The Director shall deny the application if it fails to contain the information and evidence required by Section 22.168.060 (Application), or if the Director determines that such evidence and/or information has not been satisfactorily substantiated following inspection of the subject property pursuant to Section 22.168.070 (Inspection of the Property). The Director shall also deny the application if the Director determines that granting the application would be inconsistent with any approved provisions described in Section 22.168.050 (Program Implementation). At any time prior to denying an application, the Director may suggest modifications or changes to the application which, if adopted by the applicant, would cause the application to conform to the requirements of this Chapter.

C.

No Administrative Appeal. Other than as provided in Section 22.168.090 (Exemption From Disqualification), the decision of the Director on the application shall be final and shall not be subject to administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

22.168.090 - Exemption From Disqualification.

Where a qualified historical property is ineligible to participate in the Program because of any approved provisions described in Section 22.168.050 (Program Implementation), the owners or other persons authorized by the owners may file a request with the Director for an exemption from the disqualifying provisions pursuant to this Section.

A.

Requirements for Exemption Request. A request for an exemption shall be accompanied by the applicable application fee and the applicable exemption request fee. The exemption request shall contain the information and evidence required by Section 22.168.060 (Application). In addition, the exemption request shall include evidence that, notwithstanding the disqualifying provisions, the subject property is deserving of an historical property contract due to its exceptional nature, or because it is subject to special circumstances not generally applicable to other qualified historical properties. After the Director determines that the exemption request application is complete, the Director shall inspect the property pursuant to Section 22.168.070 (Inspection of the Property) for the purposes described therein and to evaluate whether

the exemption is warranted due to the exceptional nature of the subject property or because the subject property is subject to special circumstances not generally applicable to other qualified historical properties.

B.

Director's Recommendation. Upon completion of the review of the exemption request and inspection of the subject property, the Director shall make a recommendation to the Board to approve or deny the request based on the criteria set forth in Section 22.168.080.A (Grant of Application), and also based on whether there is sufficient evidence showing that the subject property has an exceptional nature or is subject to special circumstances not generally applicable to other qualified historical properties that warrant the exemption.

C.

Decision of the Board. The Board may grant the exemption request if it finds that the applicant has substantiated the information and evidence required under Subsection A, above, and that the work proposed as part of the plan required by Section 22.168.060.B is necessary for and will result in the preservation and, when necessary, the restoration and/or rehabilitation of the subject property. If the Board grants the exemption request, the Director and all owners shall execute an historical property contract as described in Section 22.168.080.A (Grant of Application).

(Ord. 2019-0004 § 1, 2019.)

An historical property contract shall contain all of the provisions required by Sections 50280, 50281, and 50282 of the California Government Code, and shall also include provisions that require:

A.

That the preservation, and any restoration and/or rehabilitation of the qualified historical property, conform to any rules and regulations established or adopted by the County regarding the preservation, restoration, and/or rehabilitation of qualified historical properties.

B.

An inspection of the interior and exterior of the premises by the Department every five years, or on any more frequent basis as the Director deems necessary, to determine the owners' compliance with the contract.

C.

The owners to provide all information requested by the Director or the Department for purposes of determining the owners' compliance with the contract.

D.

Such other terms and provisions as the Director determines are necessary.

(Ord. 2019-0004 § 1, 2019.)

Not later than 20 days after the execution of an historical property contract, the Director shall cause to be recorded with the Registrar-Recorder/County Clerk a copy of the contract, which contract shall adequately describe the subject property. The Department shall provide all owners with a copy of the recorded contract.

(Ord. 2019-0004 § 1, 2019.)

An historical property contract shall be cancelled under the circumstances and pursuant to the procedures described in this Section. No historical property contract may be cancelled unless and until the Department has given notice of, and a Hearing Officer has held, a public hearing pursuant to this Section.

A.

Circumstances for Cancellation. An historical property contract shall be cancelled under the following circumstances:

1.

If the Hearing Officer determines that the owners of the subject property has breached any of the conditions of the historical property contract or has allowed the subject property to deteriorate to the point that it no longer meets the standards for a qualified historical property;

2.

The subject property is demolished, destroyed, or significantly altered due to a natural disaster such that the subject property no longer meets the standards for a qualified historical property and the Hearing Officer determines, after consultation by the Director with the State Office of Historic Preservation, that preservation, rehabilitation, or restoration of the subject property is infeasible; and

3.

The subject property has been acquired in whole or in part by eminent domain by an entity authorized to exercise eminent domain, if the Hearing Officer determines that the eminent domain acquisition frustrates the purposes of the historical property contract.

B.

Public Hearing Procedure.

1.

At least 30 days before the public hearing on the cancellation of an historical property contract, the Department shall mail notice of the public hearing to the last known address of each owner of the qualified historical property and shall publish notice of the public hearing pursuant to Sections 6060 and 6061 of the California Government Code.

2.

The public hearing on the matter shall be conducted by a Hearing Officer pursuant to Section 22.222.120 (Public Hearing Procedure). The Hearing Officer shall make a determination as to whether any of the circumstances described in Subsection A, above, have been met. If such a determination is made, the Hearing Officer shall declare the historical property contract cancelled, and within 20 days after such determination, the Department shall record a notice of contract cancellation with the RegistrarRecorder/County Clerk. The Hearing Officer shall mail notice of the action taken to the same persons to whom notice of the public hearing was mailed pursuant to Subsection B.1, above.

C.

Cancellation Fee.

1.

Except as provided in Subsection C.2, below, if an historical property contract is declared cancelled pursuant to Subsection B.2, above, the owners shall pay a cancellation fee equal to 12½ percent of the current fair market value of the property, as determined by the Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the Auditor-Controller at the time and in the manner that the Auditor-Controller shall prescribe and shall be allocated by the Auditor-Controller as required by Section 50286 of the California Government Code.

2.

The cancellation fee described in Subsection C.1, above, shall not apply to an historical property contract cancelled because of a circumstance described in Subsection A.2 or A.3, above.

D.

No Administrative Appeal. The decision of the Hearing Officer on the cancellation of the historical property contract shall be final and shall not be subject to administrative appeal.

(Ord. 2019-0004 § 1, 2019.)

22.168.130 - Administrative Guidelines; Form Historical Property Contract.

A.

The Director, in consultation with the Landmarks Commission, shall issue administrative guidelines to implement this Chapter, which guidelines shall provide for the administration and operation of the Program. The administrative guidelines shall also include any provisions and priority criteria approved by the Board pursuant to Section 22.168.050 (Program Implementation).

B.

The Director shall prepare a form historical property contract for approval by the Board which contains, at a minimum, all the provisions described in Section 22.168.100 (Required Provisions of a Historical Property Contract).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.170 - LOT LINE ADJUSTMENTS

A.

Lot Line Adjustments provide a process to adjust the lot line between two or more existing adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than originally existed are not thereby created.

B.

For a Lot Line Adjustment where the subject property lies within the boundaries of the Coastal Zone, as defined in Section 30103 of the California Public Resources Code, a coastal development permit shall be required pursuant to Chapter 22.56 (Coastal Development Permits).

(Ord. 2019-0004 § 1, 2019.)

A.

Application Checklist. The application submittal shall contain all materials required by the Lot Line Adjustment Checklist.

B.

Type I Review. The application shall be filed and processed in compliance with Chapter 22.226 (Type I Review—Ministerial) and this Chapter, unless Subsection C, below, applies.

C.

Coastal Development Permit. If the subject property lies within the boundaries of the Coastal Zone, as defined in Section 30103 of the California Public Resources Code, a lot line adjustment shall require a coastal development permit (Chapter 22.56).

(Ord. 2019-0004 § 1, 2019.)

Lot Line Adjustments shall conform to the following development standards:

A.

The lot design, frontage, access, and similar standards shall be consistent with applicable provisions contained in Title 21 (Subdivisions) of the County Code.

B.

Any change in access, lot configuration or orientation of structures, easements, or utilities to lot lines will not, in the opinion of the Director, result in any burden on public services or materially affect the property rights of any adjacent owners.

C.

The lots to be adjusted are eligible for unconditional certificates of compliance under the provisions of the Subdivision Map Act and this Title 22.

D.

The adjusted lot configurations will be in accord with established neighborhood lot design patterns and will not violate any statute, ordinance, regulation, or good planning practice.

E.

If any of the lots to be adjusted are improved with a structure requiring a building permit, the applicant shall provide an inspection report from the Building and Safety Division of Public Works certifying that changes in lot lines will not violate any ordinances or regulations administered by such department. Public Works shall collect any fees required for this service.

(Ord. 2019-0004 § 1, 2019.)

22.170.040 - Post-Decision Actions and Regulations.

If the application is approved:

A.

The Director shall record a certificate of compliance containing the descriptions of the lots as they will exist after adjustment. If the request is denied, the Director shall report this in writing to the applicant, citing the reasons for denial.

B.

The Lot Line Adjustment shall be reflected in a deed or record of survey which shall be recorded by the applicant.

(Ord. 2019-0004 § 1, 2019.)