Los Angeles Zoning Code — LAMC Chapter 1A Div. 13B.11 California Environmental Quality Act (CEQA) Provisions

A. Applicability of CEQA

1. this purpose of this Section is to comply with the requirements of the california environmental Quality Act (ceQA) and the Guidelines for implementation of the california environmental Quality Act (ceQA Guidelines) to adopt local procedures that implement ceQA.

2. this Section (Environmental Review Procedures) applies to ceQA compliance for all projects subject to approval under the authority of this Article (Administration) . Additionally, any ceQA appeal from an approval made pursuant to Chapter IX. (Building Regulations) of this code shall be subject to and comply with Subsection F. (Appeals of CEQA Decisions) below.

3. this Section (Environmental Review Procedures) supersedes any contradicting provision in this Zoning code (chapter 1A) or any other city ordinance, regulation, guideline, or policy, including Sec. 197.01 (CEQA Appeals) of the lAAc.

4. ceQA and the ceQA Guidelines, as applicable, are incorporated and made a part of this Section (Environmental Review Procedures) as though fully set forth herein. in the review and approval of projects under this Article (Administration) , all officers and employees of the city shall comply with each and every applicable provision of ceQA and the ceQA Guidelines.

5. Prohibition

No permit shall be issued or entitlement approved by the Department of city Planning or the Department of Building and Safety that would violate ceQA, including by approving a discretionary project without making the necessary findings under ceQA. Discretionary projects include projects that require only discretionary actions or both discretionary and ministerial actions.

B. CEQA Review Responsibility

1. Director of Planning Responsibilities

the Director shall prepare all environmental documents necessary to comply with ceQA and the ceQA Guidelines, and assist the decision maker in approving ceQA clearances.

2. Director of Planning Authority

the Director may:

• a. issue administrative guidelines to implement ceQA and this Section (Environmental Review Procedures) , consistent with ceQA, the ceQA Guidelines, this Section (Environmental Review Procedures) , and any city council policy; and

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

• b. Determine significance of environmental effects based on applicable administrative guidelines, ceQA and the ceQA Guidelines.

c. Notice Rules for CEQA

1. All notice is provided pursuant to the requirements of ceQA and the ceQA Guidelines.

2. if ceQA does not provide notice requirements, then notice shall be given pursuant to California Government Code, Sec. 54950 et seq.

3. Notice of Public Hearing on CEQA Appeal

the following notice is required for the ceQA appeal hearings held pursuant to Subsection F. (Appeals of CEQA Decision) of this Section (Environmental Review Procedures) :

4. Notice of Hearing on Sustainable Communities Project

the following minimum notice is required for a hearing held pursuant to Paragraph a. of Subdivision D.3. (CEQA Decisions; Sustainable Communities Project Exemption) of this Section , or a hearing by the city council, the city Planning commission, or an Area Planning commission for a Sustainable communities environmental Assessment, pursuant to Sec. 21155.2 (Transit Project Review) of the Public Resources Code .

Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

D. CEQA Decisions

1. Lead Agency

the city of los Angeles is the lead agency for all projects reviewed and approved under this Article , except where the city of los Angeles is a responsible agency under ceQA and the ceQA Guidelines.

2. Decision Maker

Any entity authorized to decide a project approval or appeal of an approval under this Article is the decision maker for purposes of compliance with ceQA. When a project has more than one approval, the decision maker on the initial approval, or the appeal of the initial approval, determines the ceQA clearance for the project, subject to any available ceQA appeal to the city council under Subsection F. (Appeals of CEQA Decisions) of this Section and all other requirements of ceQA and the ceQA Guidelines.

3. Sustainable Communities Project Exemption

• a. the hearing and determination of the use of the Sustainable communities Project exemption (ScP exemption) shall be determined by the city council after it holds a public hearing and adopts findings consistent with Public Resources Code, Sec. 21155.1. (Transit Project; applicability requirements) . this hearing and the determination on the use of the ScP exemption may be completed before or after the project approval.

• b. Where the only ceQA clearance proposed for a project is a ScP exemption, no project approval is final and effective until the city council determines the project is exempt as a Sustainable communities Project. No actions shall be taken and no permits issued in reliance on a project approval prior to the city council’s determination that the ScP exemption applies, absent the approval of an alternative ceQA clearance.

• c. if the city council holds a hearing on the ScP exemption and determines that it does not apply to the project, and no other ceQA clearance is approved for the project, any prior project approval shall be void.

• d. if the only ceQA clearance proposed for a project is a ScP exemption and there are no project related approvals or appeals subject to city council action, and there are no further appeals available for the project approval, the city council shall hold the public hearing on the ScP exemption within 75 days of the issuance of the letter of determination.

4. Finality of Project Approvals

For purposes of filing a Notice of Determination or a Notice of exemption or the filing of a ceQA appeal to the city council pursuant to Subsection F. (Appeals of CEQA Decisions) of this Section , a project approval is final pursuant to the provisions of Subsection 13A.2.5.E. (Decisions; Effective Date) , or if finality for the project approval is not provided for in Sec. 13A.2.5.E. (Decisions) , approval is effective immediately unless otherwise provided by the City Charter , the code, or ceQA and the ceQA Guidelines.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

e. Standards for CEQA Review and Required Findings

1. CEQA Clearances

in approving projects, decision makers may rely on any ceQA clearance consistent with ceQA and the ceQA Guidelines.

• a. Where an environmental impact report (eir), Mitigated Negative Declaration (MND), Negative Declaration (ND), or Sustainable communities environmental Assessment (SceA) has been adopted or certified for a project, no subsequent eir, MND, ND, or SceA shall be adopted or certified, except as required by ceQA, including Public Resources Code, Sec. 21166. (Lead agency prohibition to require subsequent reports for a certified project unless specific events.) .

• b. to the extent applicable and supported by substantial evidence, the city may rely on multiple ceQA clearances, including ceQA clearances approved in the alternative.

• c. this Section is not intended to expand the city’s discretion to approve or condition projects. Subject to the requirements of ceQA, the environmental analysis of a project is limited to the extent the decision maker has discretion to mitigate or avoid environmental impacts in the approval of the project.

2. Appeals

A city council decision on an appeal filed under Subsection F. (Appeals of CEQA Decisions) of this Section shall be based on the requirements of ceQA and the ceQA Guidelines.

F. Appeals of CEQA Decisions

1. General Procedures

See Sec. 13A.2.8. (Appeals) .

2. Appeal of CEQA Clearances

the following ceQA clearances may be appealed to the city council by any interested party, when the decision maker was not the city council, and no further appeals on the project approval are available:

• a. certification of an environmental impact report.

• b. Adoption of a Negative Declaration or a Mitigated Negative Declaration.

• c. Adoption of a Sustainable communities environmental Assessment.

• d. A determination that an approval under this Article is not subject to ceQA either because it is not a project as defined by ceQA or the ceQA Guidelines or because it is exempt.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

3. Exhaustion

No appeal of the ceQA clearance shall be accepted by the city unless all project approval appeals were previously exhausted.

4. CEQA Appeal Filing Requirements

No appeal of the ceQA clearance shall be considered by the city council unless the appellant does all of the following:

• a. Files a ceQA appeal with the Department within 15 days of the date the project approval is final.

• b. Pays the applicable fee, if any.

• c. Fills out the application form required by the city and provides the following information:

  • i. the name, address, and telephone number of the appellant and the person filing the appeal if different from the appellant;

  • ii. A statement that the appeal is made pursuant to this Section ;

iii. the decision maker of the ceQA clearance subject to the appeal;

• iv. the ceQA clearance to which the appeal is filed, including applicable case number(s), and the date of the certification, adoption or determination of the ceQA clearance;

• v. A written statement setting forth all of the reasons for the appeal, and specifying in detail why the appellant believes the ceQA clearance fails to comply with ceQA; and

• vi. Any other information required by the office of the city clerk or the Director.

• d. At any time, the city may reject an appeal that does not comply with all the requirements of Subdivisions 2, 3, or 4 of this Subsection .

5. Effect of Filing an Appeal of the CEQA Clearance

   • a. the filing of an appeal of the ceQA clearance stays:

     • i. the ceQA clearance;

• ii. Any project approvals that rely upon the ceQA clearance;

  • iii. Any action or approval by the Department on related project approvals that will rely on the ceQA clearance; and

  • iv. Any action or approvals by other city departments in reliance upon the project approval that relied upon the ceQA clearance.

  • b. Upon the filing of a ceQA appeal, the applicant’s time to act under any project approval or permit shall be tolled until the appeal is decided.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13

City of Los Angeles Zoning Code Chapter 1A

Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

• c. Upon the filing of a ceQA appeal, the city’s time to act on any related project approval shall be tolled until the appeal is decided.

• d. Nothing in this Subdivision F.5. , is intended to affect the finality of project approvals for purposes of an applicable statutes of limitations.

6. Withdrawal of Appeal

• a. An appeal filed under this Subsection F. (Appeals of CEQA Decisions) may be withdrawn at any time by the Appellant prior to the date and time scheduled for the hearing. Upon withdrawal of the appeal, no further action on the appeal shall be taken by the city and the timeline to file an appeal under this Subsection I. shall not be extended or restarted.

• b. All stays and tolling under Subdivision 5. (Effect of Filing an Appeal of the CEQA Clearance) of this Subsection F. shall terminate upon the withdrawal of the appeal.

7. Hearing on Appeal

• a. Timeline for City Council Hearing

the city council shall hold a public hearing before deciding the appeal, giving notice in the manner specified in Subsection C. (Notice Rules for CEQA) of this Section . the appeal shall be decided by the city council within 75 days of the appeal being filed. the timeline to decide the appeal may be extended by the mutual consent of the project applicant and the city council.

• b. Joint Hearings on the CEQA Clearance and Project Approvals

  • i. Applicability

if there are related project approvals or appeals for which the city council is the decision maker or appellate body and have been transmitted to city council for its action at any time after the ceQA appeal is filed and before the hearing on the ceQA appeal, the city council shall hold a joint hearing on the ceQA appeal and the related project approvals or appeals.

ii. Time Limits Extended

Any code required time limits to hear or act on any appeal of the ceQA clearance or the approval or appeal of any related project approvals shall automatically be extended as necessary to comply with this Subsection .

iii. CEQA Clearance is Considered Before Project Entitlements

After the joint hearing concludes, the city council shall decide the appeal on the ceQA clearance before taking action on the related project approvals.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

8. Time to File Documents for the Hearing

All appeal-related documents filed by or on behalf of the appellant must be filed with the city clerk no later than five business days prior to the date set for the hearing. Appeal-related documents filed by any other party, must be filed with the city clerk no later than two business days prior to the date of the hearing. Documents submitted after these deadlines shall be accepted for filing, but shall not be considered by the city council in its review and decision on the appeal. the city clerk shall mark late-filed documents to indicate that they were filed after the deadline provided in this Subdivision .

9. Council Authority on Appeal

• a. the city council shall conduct a de novo review of the ceQA clearance and shall consider the whole of the administrative record, including any documents timely filed on the appeal, and affirm, reverse, or modify the ceQA clearance.

• b. After conducting a public hearing, the city council shall do one of the following:

  • i. Affirm the decision maker’s approval of the ceQA clearance.

  • ii. reverse the decision maker’s approval of the ceQA clearance and remand the environmental review of the project to the decision maker who last approved the ceQA clearance with direction to correct the substantive or procedural error.

  • iii. reverse the decision maker’s approval of the ceQA clearance without remand.

  • iv. Approve a modified or alternative ceQA clearance provided no new mitigation or change to the project is required.

10. Findings

the city council shall adopt findings based upon substantial evidence to support its decision as to why the ceQA clearance does or does not comply with ceQA, including adopting the decision maker’s findings or findings recommended by the Director, the appellant, the applicant, or any other interested party. in affirming any decision maker’s approval of the ceQA clearance, the city council shall make all necessary findings and take all necessary actions required by ceQA for the approval of that ceQA clearance.

11. Exhaustion of Administrative Remedies

No person entitled to file a ceQA Appeal pursuant to this Section may initiate action in a court of law challenging the environmental Determination unless and until such person files the ceQA Appeal and the city council has taken final action on the ceQA Appeal.

G. Scope of CEQA Appeal Action

the following procedures apply to the city council action on a ceQA Appeal under Subsection F. (Appeals of the CEQA Decisions) of this Section .

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

1. Affirmed

if the city council affirms the ceQA clearance, or any one ceQA clearance when multiple ceQA clearances are appealed, the stays in Subdivision F.5. (Appeals of CEQA Decisions; Effect of Filing an Appeal of the CEQA Clearance) above are lifted.

2. Reversed Without Remand

if the city council determines the ceQA clearance(s) should be reversed without remand, the project approval(s) subject to the ceQA clearance(s), as well as any city action taken or approval granted in reliance upon the project approval(s), are void.

3. Reversed With Remand

if the city council reverses and remands the ceQA clearance(s) to the decision maker for further action:

a. Project Approvals Void

All project approvals subject to the ceQA clearance, as well as any city actions taken or approvals granted in reliance upon the project approvals, are void. All stays on actions or approvals pursuant to Subdivision F.5. (Appeals of CEQA Decisions; Effect of Filing an Appeal of the CEQA Clearance) above, shall remain in place until the decision maker on remand under Paragraph b. (Decision Maker Responsibility on Remand) below, approves a ceQA clearance on the project. All times to act on related project approvals shall be extended to comply with this Subsection .

b. Decision Maker Responsibility on Remand

After approving a ceQA clearance consistent with council direction, the decision maker shall reconsider the project approvals.

c. Planning Director Responsibility on Remand

the Director shall prepare all necessary analysis, reports, studies, findings, and notices to assist the decision maker in its compliance with council direction on remand.

d. Applicant Fees

Applicants shall pay applicable fees in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter, if any, for additional environmental review on remand.

e. Project Timelines

All code required timelines to act on the project approvals shall automatically be extended to the extent reasonably necessary for the Director and decision maker to complete the necessary environmental review on remand.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

f. Applicable Project and CEQA Requirements

On remand, the review and approval of the project approvals shall comply with the code requirements and all review and approval of the ceQA clearance shall comply with ceQA and the ceQA Guidelines.

g. Appeal of CEQA Clearance on Remand

An action to approve a ceQA clearance on remand may be appealed to the city council under Subsection F. (Appeals of CEQA Decisions) of this Section , provided the city council’s review is limited to modifications to the original ceQA clearance.

4. City Council Action on Joint Hearings on CEQA Appeals and Project Approvals

in addition to the above provisions in Subsection F. (Appeals of CEQA Decisions) of this Section and this Subsection (Scope of CEQA Appeal Action) , the following rules apply when the city council is required to hold a joint hearing under Paragraph F.7.b. (Appeals of CEQA Decisions; Joint Hearings on the CEQA Clearance and Project Approvals) of this Section :

• a. City Council Decision to Affirm the CEQA Clearance

if the city council affirms the ceQA clearance, the city council shall comply with Paragraph E.1.a (Standard for CEQA Review and Required Findings; CEQA Clearances) of this Section and review the related project approval or appeal as a subsequent approval of the affirmed ceQA clearance, if applicable.

• b. City Council Decision to Reverse the CEQA Clearance

if the city council determines the ceQA clearance should be reversed, the project approvals subject to the ceQA clearance are void. the city council shall approve or remand the decision on a new ceQA clearance and the decision on the related project approvals pursuant to the following provisions:

• i. Remand to the Lower Decision Maker

if any project approval is voided or stayed by the city council’s reversal of the ceQA clearance, the city council shall use one of the following procedures.

a) Remand the CEQA Clearance

the city council may continue its decision on the related project approval or appeal and remand the ceQA clearance to the lower decision maker for further action under the procedures in Paragraph G.3 (Reversed with Remand) of this Section . the action on the related project approval subject to city council approval shall be continued until the lower decision maker adopts a new ceQA clearance and a new hearing before the city council is scheduled.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

• b) Approve a New or Modified CEQA Clearance and Remand Project Approvals

the city council may adopt a new ceQA clearance for the project, decide the related project approval or appeal, and remand action on the project approval subject to the lower decision-making body for the sole purpose of taking an action on the project approval considering the ceQA clearance approved by the city council, including but not limited to, modifying the project approval to incorporate mitigation measures as conditions of approval. the lower decision-making body shall comply with Paragraph E.1.a (Standard for CEQA Review and Required Findings; CEQA Clearances) of this Section , if applicable, and review the remanded project approval as a subsequent approval of the ceQA clearance approved by the city council.

ii. Project Approval and Finality

if the city council approves the ceQA clearance on the project under the procedures in this Subdivision , the date the project is approved and final for purposes of ceQA and the ceQA Guidelines is the day the city council approves the ceQA clearance and acts on any project approval.

iii. Time Limits

All code required time limits to act or hold hearings on project-related approvals or appeals are stayed to comply with this Section .

5. Housing Projects

• a. Notwithstanding Subsection F. (Appeals of CEQA Decisions) and Subsection G. (Scope of CEQA Appeal Action) in this Section , if a project includes dwelling units, and the city council reverses all ceQA clearances for a project, the council does not have the option to reverse the ceQA clearance without remand in Sub-subparagraph b.iii. (Council Authority on Appeal) of this Section .

• b. While the ceQA clearance for a project that includes dwelling units is on remand to the decision maker all of the following requirements shall be met:

  • i. the Director, subject to the Applicant’s payment of fees and cooperation, shall work diligently to complete all ceQA analysis in an expeditious manner.

  • ii. the decision maker shall act on the ceQA clearance and the project approval within thirty (30) days of the revised or new ceQA clearance being completed.

  • iii. the decision maker’s discretion to modify the previously approved project shall be limited to the mitigation or avoidance of significant environmental impacts, and any necessary findings under California Government Code, Sec. 65589.5 (Findings to assure the approval of adequate housing) shall be made.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

H. Modification of Project or Mitigation Measure

1. Modification of Project

the applicant may modify the approved project under the applicable provisions of this Article , provided all requirements of ceQA and the ceQA Guidelines are met.

2. Modification to Mitigation Measures after Project Approval

• a. the deletion of an adopted mitigation measure imposed as a condition of approval on an approved project, or the modification of such a condition where the Director cannot otherwise find substantial conformance, shall require the approval of a Modification to Mitigation Measure pursuant to the procedures in this Subdivision .

• b. A Modification to Mitigation Measure is approved upon the Director doing the following:

  • i. complying with ceQA and the ceQA Guidelines; including if necessary preparing a new ceQA clearance, such as an addendum or supplemental or subsequent eir.

  • ii. Preparing written findings that support the need for the modification or deletion of the mitigation measure.

• c. Director approval of a Modification to Mitigation Measure is final and not appealable. A ceQA clearance approved in support of the Modification to Mitigation Measure, may be appealed under Subsection F. (Appeals of CEQA Decisions) of this Section , if applicable.

• d. Modifying a condition of approval imposing an adopted mitigation measure does not require the approval of any other project approval or project modification in this Article (Administration) .

i. Prohibition and Enforcement of Improper Segmentation of Projects

1. Prohibition

No person or entity, including without limitation, the applicant, the property owner, or a representative of the applicant or the property owner, shall take any action to avoid ceQA review of the project, including through the misrepresentation of the whole of the project in any city application.

2. Loss of Historical Resources from Improper Segmentation

if the Zoning Administrator, or the Area Planning commission on appeal, finds a violation of Paragraph 1. (Prohibition) of this Subsection under the process in Paragraph 3. (Zoning Administrator Determination) or Paragraph 4. (Appeal) of this Subsection , and finds the violation resulted in the material impairment in the significance of a historical resource, the Zoning Administrator or the Area Planning commission shall issue the maximum penalties in Paragraph 5.a. (Penalties) of this Subdivision , unless the Zoning Administrator or the Area Planning commission adopts written findings showing that the maximum penalty is excessive in light of the criteria in Paragraph 5.b. (Penalties) of this Subdivision .

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

For purposes of this Subsection , “historical resource” means those resources that meet the definition of a historical resource in Public Resources Code, Sec. 21084.1 (Historical resources) and Sec. 15064.5(a) (Determining the Significance of Impacts to Archaeological and Historical Resources) of the CEQA Guidelines . For purposes of meeting the definition above, the historical resource shall be presumed to retain its integrity unless proven otherwise by a preponderance of the evidence.

3. Zoning Administrator Determination

the following procedures shall be followed to enforce a violation of Paragraph 1. (Prohibition) of this Subsection :

• a. if the Director reasonably believes that there has been a violation of Paragraph 1. (Prohibition) of this Subsection , the Director may refer the matter to the Zoning Administrator for investigation pursuant to the procedures in this Subdivision . if the Director refers the matter for investigation to the Zoning Administrator, the Director shall request the Department of Building and Safety to issue a Notice of intent to revoke Permits and a Stop Work order for the project site.

• b. Within 45 days of the issuance of a Notice of intent to revoke Permits or a Stop Work order, the Zoning Administrator shall either issue a letter of determination finding a violation of Subdivision 1. (Prohibition) of this Subsection , or request the Department of Building and Safety to rescind the Notice of intent to revoke Permits and the Stop Work order.

• c. For the purpose of deciding the Zoning Administrator’s determination, the Zoning Administrator shall have the power of subpoena to obtain documents from the Applicant.

• d. if the Zoning Administrator finds a violation under Subdivision 1. (Prohibition) of this Subsection , the letter of determination shall include written findings supporting the determination and the penalty, if imposed and the letter of determination shall be forwarded to the Department of Building and Safety.

• e. the letter of determination shall be noticed to the applicant and the property owner by certified mail or personal service, and posted on the project site. if the Zoning Administrator finds a violation, the notice shall include the timeline and manner in which an appeal may be filed under this Subsection .

4. Appeal

• a. A Zoning Administrator determination of a violation under this Subsection is appealable by the applicant or the property owner to the Area Planning commission within 15 days of the notice of the letter of determination being issued. if no appeal is filed, the determination is final.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

• b. Any appeal filed to the Area Planning commission shall be decided after a public hearing where the city and the appellant have an opportunity to present evidence in support of its case. Notice of the hearing shall be given at least 24 days before the hearing to the appellant and property owner (if the property owner is not the appellant) by mail.

• c. At the hearing, the city and the Appellant shall have the opportunity to testify, crossexamine witnesses, and present witnesses and evidence in support of its case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Area Planning commission.

• d. the Area Planning commission shall decide the appeal within 75 days of the appeal being filed. the time to act may be continued upon agreement of the appellant and the Area Planning commission. No reasonable request of the appellant for additional time shall be denied.

• e. On appeal, the standard of review shall be de novo, the standard of proof shall be preponderance of the evidence, and except as otherwise provided in this Subsection I. (Prohibition and Enforcement of Improper Segmentation of Projects) , the city has the burden of proof.

• f. Within 15 days of the conclusion of the hearing, the Area Planning commission shall render a written decision that shall include a determination of whether a violation occurred, a penalty, if any, written findings as well as a summary of the evidence supporting its decision and any penalty.

• g. the decision of the Area Planning commission shall be issued in writing and transmitted by mail to the property owner and the applicant, and forwarded to the Department of Building and Safety.

5. Penalties

• a. the following penalties may be imposed for the violation of Paragraph 1. (Prohibition) of this Subsection :

  • i. No entitlements, permits, or approvals under this Article may be issued for the project site for up to five years from issuance of the letter of Determination.

  • ii. No permits may be issued by the Department of Building and Safety for new development on the project site for up to five years from issuance of the letter of Determination. the above notwithstanding, the Department of Building and Safety may issue any permits necessary to address a threat to the public health and safety. in imposing this penalty, the Zoning Administrator, or Area Planning commission on appeal, may take into account any action taken by the Department of Building and Safety pursuant to Section 91.106.4.1.10 (Permits Issuance; Issuance; Exceptions) .

  • iii. An administrative penalty of up to $100,000.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

• b. in determining penalties, the Zoning Administrator, or the Area Planning commission on appeal, shall consider any aggravating or mitigating factors, including the following:

  • i. the culpability of the violating party;

  • ii. efforts, if any, to correct the violation;

  • iii. the benefit to the violating party conferred by the violation;

  • iv. the seriousness of the violation, including any damage to the physical environment;

  • v. the financial status of the violating party; and

  • vi. any other factors that justice may require.

• c. if the Zoning Administrator or the Area Planning commission finds a violation of Paragraph 1. (Prohibition) of this Subsection has occurred, the violator shall pay any cost recovery fee established in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) for lots subject to this Zoning code (chapter 1A)..

• d. Administrative penalties collected under this Subsection (Prohibition and Enforcement of Improper Segmentation of Projects) shall be placed into a special fund for the purpose and promotion of historical resource preservation to be administered by the Department.

• e. if the city imposes a penalty under this Subsection I. (Prohibition and Enforcement of Improper Segmentation of Projects) staying the issuance of permits, the Director, as applicable, shall record an affidavit with the los Angeles county recorder providing notice that no permits for any new development shall be issued on the property for the period of time imposed. if penalties or costs are imposed, the city may record a lien against the property subject to the requirements of State law and the city code and charter.

6. CEQA Review of Improperly Segmented Projects

the city may use a project description that includes the whole of the project, including those activities that have already occurred on the project site, and analyze the project against a baseline of the physical conditions prior to an improper segmentation if the decision maker finds all of the following:

• a. improper segmentation of the project occurred as a result of misrepresentations of the applicant or the property owner or a representative of the applicant or the property owner;

• b. Permitted or unpermitted activities occurred on the project site prior to completion of the city’s review of the project under ceQA; and

• c. Such analysis is reasonably necessary to adequately analyze and mitigate all potential significant impacts to the environment from the project, such as, a circumstance where the loss of a historical resource or a protected tree through site clearance activities could be feasibly mitigated, even if not to a less than significant level, by site rehabilitation or reconstruction.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.11. (California Environmental Quality Act (CEQA) Provisions)

City of Los Angeles Zoning Code Chapter 1A

7. No New Rights

Nothing in this Subsection I. (Prohibition and Enforcement of Improper Segmentation of Projects) is intended to provide any right or remedy to any third party that does not already exist at law.

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Sec. 13B.11.1. (Environmental Review Procedures) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.12. (Redevelopment Procedures)

City of Los Angeles Zoning Code Chapter 1A