Division 1.6 — EMERGENCY PROVISIONS

A. Declaration of Intent

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It is the intent and objective of this Division (Emergency Provisions) is to establish reasonable

and uniform regulations to protect the public welfare and to provide a streamlined method for

consideration of applications for temporary use approvals and other land use approvals in an emergency, such as fire, storm, severe earthquake, civil disturbance, or other disaster declared by

the Governor.

B. Long-Term Temporary Uses

1. Authority of the Zoning Administrator

a. Regardless of any other provision of this Zoning Code (Chapter 1A) to the contrary,

the Zoning Administrator has the authority to approve the use of a lot in any zone for

the temporary use of property which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil

or military disturbance, and declared by the Governor as an emergency area if the Zoning Administrator finds:

i. That the nature and short duration of the proposed temporary use assures that the

proposed use will not be materially detrimental to the character of development in the

immediate neighborhood;

ii. That the proposed use will not adversely affect the implementation of the General Plan

or any applicable Specifc Plani ; and

iii. That the proposed use will contribute in a positive fashion to the reconstruction and

recovery of areas adversely impacted during the emergency.

b. In making a determination pursuant to this Section (Local Emergency Temporary

Regulations), the Zoning Administrator shall balance the public interest and benefit to be derived from the proposed temporary use against the degree, significance of, and

temporary nature of the inconvenience to be caused in the area where the temporary use

is located. The Zoning Administrator may promulgate regulations and guidelines as are

necessary and proper to administer the provisions of this Division (Emergency Provisions) .

2. Conditions of Approval

a. In approving the location of any temporary use, the Zoning Administrator may impose

conditions as the Zoning Administrator deems necessary to protect the peaceful and quiet

enjoyment of nearby properties. The Zoning Administrator shall require the posting of a

completion bond, or other guarantee satisfactory to the Zoning Administrator, to cover

the cost of the removal of any improvements made to a lot or cleaning of the lot after

termination of the temporary authorized use.

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b. Furthermore, the Zoning Administrator shall require termination of the temporary use

within one year from the date of the approval of the temporary use, the removal of all

temporary improvements on the lot, and the restoration of the lot to a permitted use

within a reasonable period of time determined by the Zoning Administrator. Approval of

any application for a temporary use does not result in any vested or nonconforming rights

to carry on the temporary use after the term authorized.

c. The automobile parking design and improvement provisions of Sec. 4C.4.3. (Parking Area

Design) and Sec. 4C.4.4. (Parking Lot Design) and the yard requirements of this Zoning

Code (Chapter 1A) do not apply to temporary permits for public parking in the Residential

Use Districts (Div. 5B.3.) . However, in approving permits, the Zoning Administrator may

impose those conditions as the Zoning Administrator deems necessary to protect the

peaceful and quiet enjoyment of the subject and nearby properties.

3. Revocation

a. The Zoning Administrator may suspend or revoke any temporary use approval, if the

Zoning Administrator determines that the temporary use bears no significant relation to

the reconstruction and recovery of areas adversely impacted by the emergency, or that

the conditions imposed on any temporary use approval have not been complied with, or

that an unreasonable level of interference with the peaceful enjoyment of neighboring

properties is created by the conduct of any authorized activity.

b. Prior to the revocation of a temporary use approval, the Zoning Administrator shall give

written notice to the record owner or lessee to appear within five days, or less if justified by a threat to public health and safety, at a time and place fixed by the Zoning Administrator

and show cause why the temporary use approval should not be revoked or why further

conditions should not be imposed.

c. A determination of the Zoning Administrator pursuant to this Subsection B. (Long-Term

Temporary Uses) may be appealed to the Area Planning Commission on a form prescribed

by the Department in accordance with the procedures described in this Section (Local

Emergency Temporary Regulations) .

4. Other Permits and Licenses

This Division (Emergency Provisions) does not, except as stated here, modify or affect in any

way the duty of any applicant to obtain any other permit or license which may be required

under any other provision of this Zoning Code (Chapter 1A) or state law.

5. Application

a. An application to allow any temporary use referred to in this Division (Emergency

Provisions) shall be filed with the Department of City Planning upon forms and

accompanied by data as the Department may require.

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City of Los Angeles Zoning Code Chapter 1A

b. The application may be filed by an owner or a lessee and shall be verified by the applicant

attesting to the truth and correctness of all facts and information presented with, or

contained in the application and shall also be signed by the owner of record of any lot

where the proposed temporary use will be located.

c. A copy of any application so filed shall be transmitted by the Department to the

Councilmember of the district in which the proposed use would be located and to the

Department of Transportation for their information.

6. Notice & Hearing

a. Upon the filing of a complete application, the Zoning Administrator shall set the matter

for public hearing. Notice of the time, place, and intent of the hearing shall be given by

mailing a written notice at least 14 days prior to the date of the hearing to the applicant, to

the owner of the subject property, to abutting property owners, and to property owners

directly across the street or alley from the subject property.

b. An application for a temporary use shall be set for public hearing unless the Zoning

Administrator makes written findings, attached to the file involved, that the requested

temporary use:

i. Will not have a significant effect on adjoining properties or on the immediate

neighborhood; or

ii. Is not likely to evoke public controversy.

7. Time Limit

The Zoning Administrator shall make a determination within 30 days from the filing of a

complete application. This time limit may be extended by mutual written consent of the

applicant and Zoning Administrator.

8. Fee

An application for an approval pursuant to this Section (Local Emergency Temporary Regulations) does not require any filing fee.

9. Decisions by the Zoning Administrator

Decisions by the Zoning Administrator shall be supported by written findings of fact based

upon written or oral statements and documents presented to the Zoning Administrator,

which may include photographs, maps and plans, together with the results of the Zoning

Administrator’s investigations. Upon making a decision, the Zoning Administrator shall mail a copy of the written findings and decisions to the applicant, and to the other persons who were required to be notified under Paragraph 6. (Notice & Hearing) above.

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10. Decision Effective & Appeal

City of Los Angeles Zoning Code Chapter 1A

The decision of the Zoning Administrator is final, unless appealed, after an elapsed period of 10 days from the date of mailing a copy of the written findings and decision to the applicant. During this period, any person aggrieved by the decision may file a written appeal to the Area Planning Commission. The appeals shall set forth specifically the points at issue, the reasons

for the appeal, and how the appellant believes there was an error or abuse of discretion by the

Zoning Administrator. No fee will be charged for this appeal.

11. Failure to Act

If the Zoning Administrator fails to make a decision on a temporary land use application within the time limit specified in Paragraph 7. (Time Limit) above, then the applicant may file a request in the Office of Zoning Administration for a transfer of jurisdiction to the Area

Planning Commission and for a decision by the Area Planning Commission on the original

application. In that case, the Zoning Administrator shall lose jurisdiction and the Area Planning

Commission shall assume jurisdiction, provided, however, that the matter may be remanded to

the Zoning Administrator or the Area Planning Commission may accept the applicant’s request

for withdrawal of the transfer of jurisdiction. In either case, the Zoning Administrator will regain jurisdiction for the time and purpose specified by the Area Planning Commission.

12. Transfer of Jurisdiction

When considering any matter transferred to its jurisdiction pursuant to Subsection C. (Special

Provisions for Other Proceedings) below because of the failure of the Zoning Administrator to

act, the Area Planning Commission shall make its decision within 30 days after the request to transfer jurisdiction is filed. All decisions become final on the date of mailing a copy of the Area

Planning Commission’s decision to the applicant.

13. Record on Appeal

Within five days of receipt of the filing of an appeal, the case file of the Zoning Administrator

appealed, and the appeal shall be delivered to the Area Planning Commission. At any time prior

to the action by the Area Planning Commission on the appeal, the Zoning Administrator may

submit supplementary pertinent information as the Zoning Administrator deems necessary or

as may be requested by the Area Planning Commission.

14. Appeal Hearing Date-Notice

Upon receipt of the appeal, the matter shall be set for an Area Planning Commission hearing

and notice shall be given by mail of the time, place and purpose of the hearing to the

appellant, to the applicant, to the owner or owners of the property involved, to the Zoning Administrator and to any other interested party who has requested in writing to be notified. This notice shall be in writing and mailed at least five days prior to the hearing.

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Introductory Provisions | ARTICLE 1 Div. 1.6. (Emergency Provisions)

15. Appeal Hearing Date-Continuance

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Upon the date set for the hearing, the Area Planning Commission will hear the appeal, unless,

for cause, the Area Planning Commission shall on that date continue the matter. No notice

of continuance need be given if the order to continue is announced at the time for which the

hearing was set.

16. Area Planning Commission Decision

a. When considering an appeal from an action by the Zoning Administrator, the Area Planning

Commission shall make its decision within 15 days (in the case of a revocation, within 10

days) after the expiration of the appeal period, or within an extended period of time as may

be mutually agreed upon in writing by the applicant and the Area Planning Commission.

The Area Planning Commission shall base its decision only upon:

i. Evidence introduced at the hearing, or hearings, if any, before the Zoning

Administrator, on the issue;

ii. The record, findings and determination of the Zoning Administrator; and

iii. The consideration of arguments, if any, presented to the Area Planning Commission

orally or in writing.

b. If an applicant or aggrieved person wishes to offer into the proceedings any new evidence

in connection with the matter, a written summary of that evidence, together with a

statement as to why that evidence could not reasonably have been presented to the Zoning Administrator shall be filed with the Area Planning Commission prior to the hearing. If the Area Planning Commission fails to act on any appeal within the time limit specified in the Subsection, the determination of the Zoning Administrator is final.

c. The Area Planning Commission may modify or reverse the ruling, decision or

determination appealed from only upon making findings indicating how the action of

the Zoning Administrator was in error or constituted an abuse of discretion and shall make specific findings supporting any modification or reversal. The decision of the Area Planning Commission is final as of the date of its determination on the matter. After making a decision, a copy of the findings and determination shall be placed on file in the

Department of City Planning and a copy of the determination shall be furnished to the

applicant, the appellant, and the Department of Building and Safety.

C. Special Provisions For Other Proceedings

1. Regardless of any provision of this Zoning Code (Chapter 1A) or any other ordinance to the

contrary, with respect to those uses, buildings and lots destroyed or damaged in connection

with a declared emergency, and in the area covered by the declaration of emergency, the

following exceptions apply:

a. Payment of all Department of City Planning and Zoning Administrator fees may be

deferred until the applicant seeks any Certificate of Occupancy.

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Introductory Provisions | ARTICLE 1 Div. 1.6. (Emergency Provisions)

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b. For applications relating to new actions pursuant to Div. 13B.2. (Quasi-Judicial Review),

Sec. 13B.4.5. (Project Exception), Article 12. (Nonconformities), and Sec. 13B.5.3. (Variance),

any project permits pursuant to moratorium ordinances or interim control ordinances, and any revocation or modification proceedings:

i. If the law otherwise requires or authorizes a public hearing, the matter shall be set for

public hearing unless the Zoning Administrator or Director of Planning makes written findings, attached to the file involved, that the matter:

a) Will not have a significant effect on adjoining properties or on the immediate

neighborhood; or

b) Is not likely to evoke public controversy.

ii. Provided, however, that no hearing will be waived in any proceeding involving:

a) Eating & drinking: alcohol service

b) Retail: alcohol

c) Retail: merchant market

d) Retail: frearmsi

e) Financial services: alternative

f) Motor vehicle services: light

g) Motor vehicle services: heavy

iii. When a matter is set for public hearing, written notice of the hearing shall be given to

the applicant, the owner or owners of the property involved, and to the owners of all

property within and outside of the City within 500 feet of the property involved.

c. Payment of the Affordable Housing Linkage Fee pursuant to Sec. 15.4.3. (Affordable

Housing Linkage Fee) .

D. Restoration of Damaged or Destroyed Buildings

1. Nonconforming

a. Regardless of any other provisions of this Division (Emergency Provisions) to the contrary,

a building nonconforming as to use, yards, height, number of stories, lot area, foor areal, density, loading space, parking, off-site signs, or other nonconforming provisions of this

Zoning Code (Chapter 1A), which is damaged or destroyed as a result of the declared

emergency may be repaired or reconstructed with the same nonconforming use, yards, height, number of stories, lot area, foor areal, density, loading space, parking, or off-site

signs as the original building. Provided, however, that repair or reconstruction shall be

commenced within two years of the date of damage or destruction and completed within

two years of obtaining a permit for reconstruction. Provided, further, that neither the

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Introductory Provisions | ARTICLE 1 Div. 1.6. (Emergency Provisions)

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City of Los Angeles Zoning Code Chapter 1A

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footing nor any portion of the replacement building encroaches into any area planned for

widening or extension of existing or future streets as determined by the Department of

City Planning upon the recommendation of the City Engineer.

b. The provisions of this Section (Local Emergency Temporary Regulations) supersede any

interim control ordinances, interim plan revision ordinances, Specifc Plani s (excluding the South Central Alcohol Beverage Specific Plan, Ord. No. 171,681), Sec. 4C.14.1.

(Development Review Threshold Packages), and the City’s hillside regulations under

Article 4. (Development Standards), except for fre protectioni and street access standards.

Regardless of any provision in this Section (Local Emergency Temporary Regulations) to

the contrary, any existing provision of law regulating the issuance of building or demolition

permits for buildings or structures currently with historical or cultural designations on the federal, state, and City lists remain in full force and effect. All Historic Preservation Overlay Zone regulations continue in full force and effect with respect to the demolition,

maintenance & repair, and reconstruction of damaged or destroyed buildings or structures.

c. For purposes of this Subsection D. (Restoration of Damaged or Destroyed Buildings), a

building or structure may only be demolished and rebuilt to its nonconforming status,

relative to the provisions of this Zoning Code (Chapter 1A), any interim control ordinances,

interim plan revision ordinances, Specifc Plani s (excluding the South Central Alcohol Beverage Specific Plan, Ord. No. 171,681), and Sec. 4C.14.1. (Development Review

Threshold Packages), and the City’s hillside regulations under Article 4. (Development

Standards), except for those fre protectioni and street access standards), if the building or

structure is either destroyed or damaged in the following manner:

i. Any portion of the building or structure is damaged by earthquake, wind, flood, fire, or

other disaster, in such a manner that the structural strength or stability of the building

or structure is appreciably less than it was before the catastrophe and is less than

the minimum requirements of this Zoning Code (Chapter 1A) for a new building or

structure of similar structure, purpose or location, as determined by the Department of

Building and Safety; and

ii. The cost of repair would exceed 50 percent of the replacement cost of the building

or structure, not including the value of the foundation system, as determined by the

Department of Building and Safety.

d. Nothing here shall be interpreted as authorizing the continuation of a nonconforming use

beyond the time limits set forth in Article 12. (Nonconformities) that were applicable to the

lot prior to the events which necessitated the declaration of the emergency.

e. If issues of interpretation relating to the above provisions arise, the Zoning Administrator

is hereby authorized to resolve those issues in light of the scope and purposes of this

Subsection D. (Restoration of Damaged or Destroyed Buildings) .

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Introductory Provisions | ARTICLE 1 Div. 1.6. (Emergency Provisions)

2. Conditional Uses & Uses that Benefit the Public

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a. Uses authorized by a Conditional Use Permit pursuant Sec. 13B.2.1. (Class 1 Conditional

Use Permit), Sec. 13B.2.2. (Class 2 Conditional Use Permit), or Sec. 13B.2.3. (Class 3 Conditional Use Permit), or other procedure in effect at the time of authorization of

the approved Conditional Use Permit, are deemed exempt from the requirements of Sec. 13B.5.4. (Modification of Entitlement), provided that the structures containing these

uses are rebuilt as they lawfully existed prior to their destruction, with the same building

footprint and height.

b. The following uses are considered to be of such importance and their expeditious

replacement is of such value to the health and safety of the community that they are deemed exempt from the requirements of Sec. 13B.5.4. (Modification of Entitlement),

provided that the structures containing these uses are rebuilt as they lawfully existed prior

to their destruction, with the same building footprint and height.

i. All Public & Institutional Uses (Div. 5D.3.)

ii. Airports

iii. Medical clinic

iv. Supportive housing: medical care

c. If issues of interpretation or administration relating to the above exemptions arise,

the Director of Planning is authorized to resolve those issues in light of the scope and

purposes of this Subsection D. (Restoration of Damaged or Destroyed Buildings) .

d. As an exception to Paragraph 1. (Nonconforming) above, the following uses are not

exempt from the provisions of this Zoning Code (Chapter 1A), interim control ordinances,

Specifc Plani s, and interim plan revision ordinances:

i. Eating & drinking: alcohol service

ii. Retail: alcohol

iii. Retail: merchant market

iv. Retail: frearmsi

v. Financial services: alternative

vi. Motor vehicle services: light

vii. Motor vehicle services: heavy

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Introductory Provisions | ARTICLE 1 Div. 1.6. (Emergency Provisions)

3. Boulevard, Avenue, & Collector Street Dedication & Improvement

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a. For any lot identified by the City as having sustained damage during and as a result of

the situation causing the declared emergency, the issuance of a building permit for a

new development on that lot does not require improvement of frontage for boulevards,

avenues, and collector streets widening purposes under Article 10. (Streets & Parks) .

b. Nothing here prevents a property owner from, obtaining necessary permits, voluntarily

improving the public right-of-way and undertaking public improvements which conform

to the applicable sections of this Zoning Code (Chapter 1A).

4. Zoning Administrator Adjustments

a. Regardless of any other provision of this Zoning Code (Chapter 1A), the Zoning

Administrator may grant deviations of no more than 10 percent from the City’s foor l

area, height, yard, parking, and loading space requirements for buildings and structures

damaged or destroyed in an emergency declared by the Governor when the deviations

are necessary to accommodate the requirements of the Americans With Disabilities Act,

Federal Fair Housing Amendments Act of 1988, or the California Code of Regulations, Title 24. (Building Standards Code), provided the Zoning Administrator finds:

i. That the deviations are not likely to cause an undue burden on nearby streets or

neighboring properties;

ii. That the grant is not likely to evoke public controversy; and

iii. That the development cannot feasibly be designed to meet the requisite disabled

access standards without the deviations.

b. Prior to acting on an application for a deviation, the Zoning Administrator shall give notice

to all adjoining property owners and hold a public hearing. The Zoning Administrator may waive the public hearing if the Zoning Administrator makes the findings in Subsection C.

(Special Provisions for Other Proceedings) above. The notice and procedures provided

above in Subsection B. (Long-Term Temporary Uses) shall be followed for granting any

deviation.

E. Critical Response Facilities

1. Authority of the Department of Building and Safety

Regardless of any other provision of this Zoning Code (Chapter 1A) to the contrary, the Department of Building and Safety shall, during the first six months following the declaration

of an emergency, have the authority to issue a temporary permit for the duration of the emergency, on any lot, regardless of zone, for any police, fire, emergency medical or

emergency communications facility which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil or

military disturbance, and declared by the Governor as an emergency area, provided that the

Department of Building and Safety maintains records of all temporary permits.

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F. Short-Term Temporary Uses

1. Authority of the Department of Building and Safety

City of Los Angeles Zoning Code Chapter 1A

Regardless of any other provision of this Zoning Code (Chapter 1A), the Department of Building and Safety shall, during the first six months following the declaration of an emergency,

have the authority to issue a temporary 90-day permit on any lot, regardless of zone, for any

temporary use which will aid in the immediate restoration of an area adversely impacted by a severe fire, storm, earthquake, similar natural disaster, or a civil or military disturbance, and

declared by the Governor as an emergency area, provided that the Department of Building and

Safety maintains records of all temporary permits.

G. Activation & Termination

The provisions of this Division (Emergency Provisions) are applicable to a particular area upon

the declaration of an emergency by the Governor relating to that area, pursuant to California

Government Code, Title 2. (Government of the State of California), Div. 1. (General), Chapter 7.

(California Emergency Services Act) . The provisions of this Division (Emergency Provisions) cease

to be applicable to a particular area two years following the date of declaration of emergency, and

for one additional year if an extension is approved by the City Council, provided, however, that the

provisions of this Division (Emergency Provisions) are considered as still remaining in full force and effect thereafter for the intent of maintaining or defending any civil or criminal proceeding with respect to any right, liability or offense that may have arisen under the provisions of this Division

(Emergency Provisions) during its operative period, or with respect to enforcing any condition of

approval of the temporary permit. The City Council may also extend by resolution any other time

limits in this Division (Emergency Provisions) for one additional year.

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City of Los Angeles Zoning Code Chapter 1A

LEASED PROPERTY

A. Regardless of any provisions of this Zoning Code (Chapter 1A) to the contrary, during any period

for which the Mayor or the City Council have declared a shelter crisis within the meaning of

California Government Code, Sec. 8698. (Shelter Crisis), et seq., a transitional shelter may be

established and operated on property owned or leased by the City of Los Angeles in any zone as a

matter of right regardless of the number of beds or number of persons served.

B. Facilities used as a transitional shelter under this Section (Emergency Homeless Shelters — City

Owned & Leased Property) shall comply with the minimum building regulations set forth in

Chapter IX. (Building Regulations), Sec. 91.8605. (Emergency Homeless Shelters) of this Code, as it

is currently written or as it may be amended in the future, and are exempt from the requirements

of the zoning districts.

C. If the lot on which any such shelter is located does not have sufficient area to provide the number

of parking stalls required by Sec. 4C.4.1. (Automobile Parking Stalls), then the number of spaces required shall be the number for which adequate area exists. If insufficient area for any parking

stalls exists on the lot, no spaces shall be required.

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City of Los Angeles Zoning Code Chapter 1A

ORGANIZATIONS

A. Regardless of any provisions of this Zoning Code (Chapter 1A) to the contrary, during any period

for which the Mayor or the City Council have declared a shelter crisis within the meaning of

California Government Code, Sec. 8698. (Shelter Crisis), et seq., a transitional shelter may be

established and operated on a lot zoned with a Residential Use District (Div. 5B.3.) with a Density

District (Part 6B.) of FA to 8, Residential-Mixed Use District (Div. 5B.4.) with a Density District (Part

6B.) of FA to 8, Commercial-Mixed Use District (Div. 5B.5.), Industrial-Mixed Use District (Div. 5B.6.),

or Industrial Use District (Div. 5B.7.) regardless of the number of beds or number of persons served,

or any applicable Form District (Part 2B.) or Frontage District (Part 3B.) standards, if the transitional shelter is operated by a religious institution or a non-profit charitable organization and the

transitional shelter is located on property owned or leased by that institution or organization.

B. Facilities used as a transitional shelter under this Section (Emergency Homeless Shelters —

Charitable Organizations) shall comply with the minimum building regulations set forth in Chapter

IX. (Building Regulations), Sec. 91.8605. (Emergency Homeless Shelters), as it is currently written or

as it may be amended in the future, and are exempt from the requirements of the zoning districts.

C. If the lot on which any such transitional shelter is located does not have sufficient area to provide

the number of parking stalls required by Sec. 4C.4.1. (Automobile Parking Stalls), then the number of spaces required shall be the number for which adequate area exists. If insufficient area for any

parking stalls exists on the lot, no spaces shall be required.

D. Unreinforced masonry or non-ductile concrete buildings shall not be used as shelters for the

homeless.

E. Any provider establishing and operating a transitional shelter shall also comply with the following

requirements:

1. Providers shall register with the City of Los Angeles by submitting a Cold/Wet Weather

Temporary Shelter Application online via the City's website ( www.lacity.gov ); and

2. Providers shall comply with the Cold/Wet Weather Temporary Shelter requirements

promulgated by the Los Angeles Fire Department's Fire Prevention and Public Safety Bureau;

3. Providers shall provide written notification to the owners of properties abutting the subject

property, as well as to any school located within 500 feet of the subject property, prior to

operating a transitional shelter on the subject property; and

4. Providers shall comply with all local, state, and federal requirements that apply to the

permitted use of their property while operating a transitional shelter pursuant to this Section

(Emergency Homeless Shelters — Charitable Organizations) .

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City of Los Angeles Zoning Code Chapter 1A

RECONSTRUCTION OF DISASTER-DESTROYED DWELLING

A. Use of Land Permit

Regardless of any other provision of this Zoning Code (Chapter 1A) to the contrary, the

Department of Building and Safety may issue a use of land permit to any resident-owner of a

single-unit dwelling destroyed by disaster to temporarily place and reside in a residential vehicle

upon the subject property. Such use of land permit shall be limited to a period of one year from

the date of the subject disaster, during which period a building permit for the reconstruction of the

subject dwelling unit shall be obtained. When such a building permit is obtained, the use of land

permit shall be valid for an additional period to total no more than two years from the date of the subject disaster or until the dwelling unit is complete, whichever occurs first. No other extension

of time shall be granted for such use of land permit.

B. Fence Requirement

Where a residential vehicle is placed within a required yard, such residential vehicle shall be screened from public view by a fence constructed to the specifications of California Existing

Building Code Chapter 15., Sec. 3306. (Protection of Pedestrians), pursuant to Chapter IX. (Building

Regulations), Sec. 91.2.1500. (Basic Provisions) of this Code; on corner lots, the restrictions of

Chapter VI. (Public Works and Property), Sec. 62.200. (Street Intersections - Obstructions to

Visibility) of this Code shall also apply. Such fence shall be maintained in good condition and

appearance.

C. Yard Area Requirements

Such residential vehicle shall observe five foot front, side, and rear setbacks and adequate access

shall be assured to permit the removal of the residential vehicle after reconstruction of the

disaster-destroyed dwelling unit.

D. Site Restoration

Within 30 days of the removal of the residential vehicle, all equipment and utilities accessory

to such residential vehicle and any nonconforming fence constructed pursuant to this Section

(Temporary Residency in Residential Vehicle Pending Reconstruction of Disaster-Destroyed

Dwelling) shall be removed and the site restored to permitted use and condition.

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EMERGENCY

A. Intent

The intent of this Section (Temporary Regulatory Relief During a Local Emergency) is to provide

land use regulatory relief from certain Zoning Code provisions during a declared local emergency. The regulatory relief, upon activation by the City Council, provides flexibility for businesses and

property owners in the recovery from a local emergency by extending the time limitations for

certain land use approvals and providing relief from certain automobile parking standards.

B. Applicability

The provisions of this Section (Temporary Regulatory Relief During a Local Emergency) may be

invoked upon the adoption of a City Council resolution following the Mayor’s declaration of emergency pursuant to local and state law, provided the resolution does not conflict with any

Mayoral orders issued in relation to the declared local emergency.

1. State Law & City Charter

The provisions of this Section (Temporary Regulatory Relief During a Local Emergency) do not

supersede state law or the Mayor’s authority under the City of Los Angeles Charter and Los

Angeles Administrative Code.

2. Effective Dates

Regardless of any other provisions of this Article (Introductory Provisions) to the contrary,

the regulatory relief provided by this Section (Temporary Regulatory Relief During a Local

Emergency) shall automatically terminate 12 months after the expiration or termination date of

the relevant emergency declaration, or upon City Council’s action by resolution to terminate

earlier than that date. However, the City Council may, by resolution, extend the regulatory

relief provided by this Section (Temporary Regulatory Relief During a Local Emergency) for up

to an additional 24 months, thereby allowing the provisions to apply for a total of 36 months

after the termination or expiration of the local emergency order. The City Council retains

the discretion to terminate these provisions by resolution at any time after the expiration or

termination of the local emergency order.

C. Regulatory Relief

Regardless of any provision of this Zoning Code (Chapter 1A), Zoning Administrator Interpretation

of this Zoning Code (Chapter 1A), ordinance, or Specifc Plani to the contrary, the following

regulatory relief shall be granted to a qualifying project.

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Introductory Provisions | ARTICLE 1 Div. 1.6. (Emergency Provisions)

1. Time Limitations

a. Extension of Time Limitations

City of Los Angeles Zoning Code Chapter 1A

Regardless of the expiration periods set forth in Sec. 13A.2.7.A. (Discretionary Project

Approvals Time Limits), the expiration of a Conditional Use Permit that was either approved

or valid during the application of these provisions, shall be calculated by adding the term

of the local emergency, plus up to an additional 12 months when the eligibility criteria in

Subparagraph c. (Eligibility Criteria) below are met, to the term prescribed in Sec. 13A.2.7.A.

(Discretionary Project Approvals Time Limits) .

i. Multiple Approvals

Regardless of the expiration periods set forth in Sec. 13A.2.7.A. (Discretionary Project

                              _Approvals Time Limits)_, if an eligible conditional use or other quasi judicial approval

is part of a project that requires multiple legislative and/or quasi-judicial approvals

pursuant to Sec. 13A.2.10. (Multiple Approvals), then the expiration period set forth

in Sec. 13A.2.7.A. (Discretionary Project Approvals Time Limits) is extended by a term

equivalent to the time period of the local emergency, plus up to an additional 12

months from the expiration of the local emergency for all approvals concurrently

granted.

b. Extension of Term-Limited Grants

Regardless of any condition of approval that specifies an expiration date or term limit for a

Conditional Use Permit, where the expiration date occurs during the local emergency, that

expiration date is automatically extended for the term of the local emergency, plus up to

an additional 12 months when the criteria in Subparagraph c. (Eligibility Criteria) below are

met.

i. Multiple Approvals

Regardless of any provision of this Zoning Code (Chapter 1A) to the contrary, if an

eligible Conditional Use Permit is part of a project that requires multiple legislative

and/or quasi-judicial approvals pursuant to Sec. 13A.2.10. (Multiple Approvals) and any

of the approvals include a condition with a separate expiration date or term limit, the

expiration date shall be extended concurrently with the Conditional Use Permit that

meets the criteria in Subparagraph c. (Eligibility Criteria) below.

c. Eligibility Criteria

i. Eligible Conditional Use Approvals

All uses approved by Conditional Use Permit per the applicable Use District (Part 5B.)

are eligible for the time extension, except for the following:

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a) Conditional Use Permits related to mineral & ore extraction, manufacturing, heavy:

petroleum & coal products, or waste facility: hazardous waste as defined in Part 5D. (Use Definitions) are not eligible for the time extension within this Paragraph 1.

(Time Limitations) .

b) Businesses or properties that are or have been the subject of revocation

proceedings, pursuant to Sec. 13B.6.2. (Nuisance Abatement/Revocation), that

resulted in corrective conditions or revocation are not eligible for a time extension.

ii. Application

The relief provided by this Subsection C. (Regulatory Relief) is subject to the

procedures in Sec. 13B.3.1. (Administrative Review), and fee(s) under Sec. 15.3.16. (Time

Extension) shall be paid in accordance with procedures set forth by the Department of

City Planning.

iii. Original Approval

The Director shall verify that the prior discretionary approval and existing

environmental documentation under CEQA is adequate for the issuance of the

extension.

iv. Notification

In accordance with the procedures set forth by the Department of City Planning, the

applicant shall notify the Los Angeles Police Department, the Department of Building

and Safety, and the Councilmember whose district includes any portion of the

property as part of the application process for the extension of the time limits.

2. Automobile Parking Relief

a. Use Modifications

A use modifcationi shall not trigger additional required automobile parking beyond that

required by the existing approved use if all the following requirements are met. However,

if the total parking required by Div. 4C.4. (Automobile Parking) for the new use is less than

the number of parking stalls that exist on the lot, then the number of parking stalls may be

reduced to the number of required parking stalls.

i. Requirements

a) The use modifcationi is limited to a non-residential use allowed by the applied Use

District (Part 5B.) .

b) The building where the use modifcationi is proposed has one of the following: a

valid Certificate of Occupancy; temporary Certificate of Occupancy; or a building

permit if the building predates the Certificate of Occupancy requirement. Those

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documents must have been issued prior to the declaration of the local emergency

related to the City Council’s resolution invoking this Section (Temporary

Regulatory Relief During A Local Emergency) .

c) The automobile parking relief only applies to the first 5,000 square feet of foor l

area for any tenant space. Any foor areal in excess of 5,000 square feet for the

tenant space shall conform to the automobile parking requirements in Div. 4C.4.

(Automobile Parking), and any applicable Specifc Plani, inclusive of any aggregate

foor areal, including foor areal sectioned from a separate tenant space that may

have been previously eligible or approved for the automobile parking reduction

allowed by this Paragraph 2. (Automobile Parking Relief) .

d) The creation of new foor areal within the subject building, occurring during the

period this Section is activated by City Council resolution, is limited to the area within the existing walls and existing roofline of the building.

e) The use modifcationi shall not result in a net loss of dwelling units.

ii. Consistency

The relief provided in this Paragraph 2. (Automobile Parking Relief) is limited to the

automobile parking provisions established in this Paragraph 2. (Automobile Parking

Relief), and the project shall otherwise be consistent with this Zoning Code (Chapter

1A) and the General Plan.

b. Outdoor Dining

Any new or expanded outdoor dining area, shall not require any automobile parking, and

the maintenance of existing automobile parking shall not be required for any portion of the parking lot utilized for an approved outdoor dining area during the effective dates of

this Section if the following requirements are met.

i. Eligibility

Only permitted eating & drinking establishments with verifiable indoor seating for on premises dining are eligible for the relief provided within this Subparagraph b. (Outdoor

Dining) .

ii. Consistency

The relief provided in this Subparagraph b. (Outdoor Dining) is limited to the

automobile parking provisions enumerated herein, and the project shall otherwise be

consistent with this Zoning Code (Chapter 1A) and the General Plan.

iii. Termination

Whenever the provisions of this Paragraph 2. (Automobile Parking Relief) cease to

apply, the automobile parking requirements that existed prior to the declaration of

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the local emergency shall apply, and any outdoor dining areas shall comply with the

applicable requirements of this Zoning Code (Chapter 1A) and any applicable Specifc i

Plan.

c. Existing Conditions of Approval

Any existing condition of approval that requires valet automobile parking or off-site automobile parking is suspended and shall not be enforced during the effective dates of

this Section (Temporary Regulatory Relief During A Local Emergency), if all the following

requirements are met.

i. Eligibility

Only the following entitlement approvals are eligible for this relief, and only if they

were approved or active during the period that these provisions are invoked.

ELIGIBLE ENTITLEMENT APPROVALS

ii. Existing Covenant

The suspension of enforcement activity as a result of the invocation of the provisions

of this Paragraph 2. (Automobile Parking Relief) shall not be construed to terminate or void any recorded covenant documenting valet or off-site parking requirements.

iii. Termination

Whenever the provisions of this Section (Temporary Regulatory Relief During A Local

Emergency) cease to apply, all conditions of approval and associated covenants

shall be enforced and, if the conditions were never met, the applicant shall provide verification of compliance with the conditions of approval to the Department of City

Planning, in accordance with procedures set forth by the Department, within 90

days of the termination of the provisions of this Section (Temporary Regulatory Relief

During A Local Emergency) .

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