Los Angeles Zoning Code — LAMC Chapter 1A Div. 13B.5 Quasi-J

Sec. 13B.5.1. ALTERNATIVE COMPLIANCE¶

Sec. 13B.5.1. Alternative Compliance¶

1. General

this Section applies to the following situations where this code expressly allows Alternative compliance:

a. the proposed development does not comply with a design, development, or performance standard required by this chapter or Chapter I. (General Provisions and Zoning) of this code, and the applicant proposes an alternative standard or condition consistent with Paragraph b. below.
b. the applicant proposed deviations from regulations which do not substantially alter the execution or intent of the regulations that apply to a proposed development.
c. For purposes of chapter 1A, alternative compliance
- must be expressly allowed in the relief allowances of this chapter.

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2. Specific Plan Excluded

this Section does not apply to Specific Plans.

B. Initiation

An application for an Alternative compliance is filed with the Department.

c. Notice

1. Notice of Public Hearing

a. there is no public hearing required for the initial decision on an Alternative compliance, and therefore no notice of a public hearing is required.

2. Notice of Public Hearing on Appeal

a. the following notice is required for the public hearing on an appeal:

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Sec. 13B.5.1. (Alternative Compliance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

Type of Notice Mail	When 24 days	Where / To Whom / Additional Requirements • the applicant; • Property owner(s) of the subject property; • Owners and occupants of properties within 300 feet of the exterior boundaries of the property involved; • the certified Neighborhood council representing the area in which the property is located; and • interested parties who have requested in writing to be notified

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Director is the initial decision maker.

3. Decision

the Director shall render an initial decision within 75 days after the date the application is deemed complete.

4. Conditions

the Director shall impose conditions binding on the applicant to secure substantial compliance with the goals and purposes of the design, development, or performance standards from which alternative compliance is requested.

5. Transmittal

the Director shall transmit a copy of the decision by mail to the applicant, owners of all properties abutting, across the street or alley from, or having a common corner with the subject property, and persons who have filed a written request for notice with the Department of city Planning.

e. Standards for Review and Required Findings

in approving an Alternative compliance, the Director or Area Planning commission (on appeal) shall find that:

the proposed alternative is consistent with the purpose and intent of the applicable standards;
the proposed alternative is equivalent to or exceeds the effectiveness of meeting the intent of the applicable standards;

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Sec. 13B.5.1. (Alternative Compliance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

the proposed alternative will result in a project that is compatible with and does not adversely affect or further degrade the adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety; and
the project substantially conforms to the purpose, intent, and provisions of the General Plan and the applicable community plan.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .

G. Appeals

1. General Procedures

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

2. Decision Maker

the Area Planning commission is the appellate decision maker.

3. Filing

a. An appeal may be filed to the Area Planning commission by an applicant or any other person aggrieved by the Director’s decision.
b. After an appeal is filed, the Director shall transmit the appeal and the file to the applicable Area Planning commission, together with a report responding to the points raised in the appeal.

4. Appellate Decision

a. the Area Planning commission shall conduct a public hearing, giving notice in the manner specified in Subsection C. (Notice) above.
b. the Area Planning commission shall make its decision within 75 days after the expiration of the appeal period.

H. Modification of Entitlement

No modification is available.

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Sec. 13B.5.1. (Alternative Compliance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

Exceptions & meaning →

Sec. 13B.5.2. ADJUSTMENT¶

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A. Applicability

this Section applies to the following situations where this code expressly allows an Adjustment:
- a. Adjustments and modifications from zoning regulations if expressly allowed in the relief allowances of this chapter;
- b. Adjustments and modifications from zoning regulations as described in Chapter I. (General Provisions and Zoning) Sec. 12.28 A. and B. or in any subsection of this Zoning code (chapter 1A) that provides relief from the Section standards;
- c. Any zone boundary or height district adjustments as described in Chapter I. (General Provisions and Zoning) Sec. 12.30 H., J., or K. or in any subsection of this Zoning code (chapter 1A) that provides relief from the Section standards.
An Adjustment cannot be requested for increases in Floor Area ratio.

B. Initiation

An application for an Adjustment is filed with the Department.

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c. Notice

1. Notice of Public Hearing

a. the following notice is required for the public hearing on the initial decision, if held:

Type of Notice	When	Where / To Whom / Additional Requirements
Mail	24 days	• the applicant; • Owners of all properties abutting, across the street or alley from or having a common corner with the subject property; • the certified Neighborhood council representing the area in which the property is located; and • interested parties who have requested notice in writing
Posting	10 days	• the applicant will post notice in a conspicuous place on theproperty

2. Notice of Public Hearing on Appeal

a. the following notice is required for the public hearing on the appeal:

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Sec. 13B.5.2. (Adjustment) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

Type of Notice Mail	When 24 days	Where / To Whom / Additional Requirements • the applicant; • the appellant(s); • the owner(s) of the property involved; • Owners of all properties abutting, across the street or alley from or having a common corner with the subject property; and • the certified Neighborhood council representing the area in which thepropertyis located
Posting	10 days	• the applicant will post notice in a conspicuous place on theproperty

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Director is the initial decision maker.

3. Public Hearing and Decision

a. An application for an Adjustment shall be set for public hearing unless the Director makes written findings in the record that the requested Adjustment:
- i. Will not have a significant effect on adjoining properties or on the immediate neighborhood; or
- ii. is not likely to evoke public controversy.
b. if a public hearing is held, notice shall be given in the manner specified in Subsection C. (Notice) of this Section .
c. the Director shall render an initial decision within 75 days after the application is deemed complete.

4. Conditions for Approval

in granting an Adjustment, the Director may impose conditions to remedy any resulting disparity of privilege, to protect the public health, safety, welfare, and to assure compliance with the objectives of the General Plan and the purpose and intent of the zoning.

5. Transmittal

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Sec. 13B.5.2. (Adjustment) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

e. Standards for Review and Required Findings

in approving an Adjustment, the Director or Area Planning commission (on appeal) shall find:

that while site characteristics or existing improvements make strict adherence to the zoning regulations impractical or infeasible, the project nonetheless conforms to the intent of those regulations;
that in light of the project as a whole, including any mitigation measures imposed, the project’s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety; and
that the project is in substantial conformance with the purpose, intent and provisions of the General Plan, the applicable community plan and any applicable Specific Plan.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .

G. Appeals

1. General Procedures

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

2. Decision Maker

the Area Planning commission is the appellate decision maker.

3. Filing

An applicant or any other person aggrieved by the Director’s decision may appeal the decision to the Area Planning commission.

4. Appellate Decision

a. Before acting on any appeal, the Area Planning commission shall set the matter for hearing, giving notice in the manner specified in Subsection C. (Notice) above.
b. the Area Planning commission shall act within 75 days after the expiration of the appeal period.

H. Modification of Entitlement

the plan approval procedures that apply to variances in Sec. 13B.5.3.H. (Variance; Modification of Entitlement) shall also apply to Adjustments.

i. Discontinuance of Adjustment – Revocation

the revocation procedures that apply to variances in Sec. 13B.5.3.I. (Variance; Revocation and Repeal) shall also apply to Adjustments.

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Sec. 13B.5.2. (Adjustment) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

Exceptions & meaning →

Sec. 13B.5.3. VARIANCE¶

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A. Applicability

this Section applies to variances that grant relief from a standard or regulation in this chapter or Chapter I. (General Provisions and Zoning) on the basis of hardship or difficulties.
Continuance of Variance or Exception
- a. except as provided in Subsection I. (Revocation and Repeal) of this Section , with respect to variances or exceptions which have never been or are not being utilized, no provision of this Article shall be interpreted or construed as limiting or interfering with the rights established by any variance or exception granted prior to the effective date of this Article by:
  - i. Ordinance pursuant to the provisions of ordinances Nos. 42,666 (N.S.), 66,750, 74,140 or Chapter I. (General Provisions and Zoning) , or this Zoning code (chapter 1A);
  - ii. Decision of the Zoning Administrator or the former Board of Zoning Appeals pursuant to the provisions of Chapter I. (General Provisions and Zoning) , or this Zoning code (chapter 1A); or

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iii. Former decision of the Board of city Planning
- commissioners pursuant to the provisions of ordinance No. 74,145, Chapter I. (General Provisions and Zoning) or this Zoning code (chapter 1A).
b. Notwithstanding any of the provisions of the ordinance granting a variance or exception, the Zoning Administrator shall have jurisdiction to perform all administrative acts with which the Board of city Planning commissioners, city council or its Planning committee were formerly charged with under the ordinance, such as approving plans, signs, types of use, and the like. the use of any building, structure or land existing at the time this Article became effective, by virtue of any exception from the provisions of former ordinance No. 33,761 (N.S.), may be continued provided no new building or structure is erected, no existing building or structure is enlarged, and no existing uses of land is extended.

B. Initiation

An application for a variance is filed with the Department.

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

c. Notice

1. Notice of Public Hearing

a. the following notice is required for the public hearing on the initial decision, if held:

Type of Notice Mail	When 24 days	Where / To Whom / Additional Requirements • the applicant; • the owner(s) of the property involved; • the owners of all property within and outside of the city that is within 500 feet of the exterior boundaries of the property involved (or the expanded area described below); • the residential, commercial, and industrial occupants of all property within 500 feet of the exterior boundaries of the property involved (or the expanded area described below); • the certified Neighborhood council representing the area in which the property is located; and • interested parties who have requested in writing to be notified
Posting	10 days	• Applicant must post in a conspicuous place on the propertyinvolved

b. if the mailed notice within the required radius does not result in notice to at least 20 different owners of at least 20 different lots other than the subject property, then the notification radius will increase in increments of 50 feet until that number of owners and lots are within the expanded area.
c. An application requesting relief from density or height requirements shall follow the procedures for public hearing and notice as set forth in Sec. 13B.5.2. (Adjustment) .

Notice of Public Hearing on Appeal
- a. the following notice is required for the public hearing on the appeal to the Area Planning commission or the city council:

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

Type of Notice	When	Where / To Whom / Additional Requirements • the applicant; • the appellant; • the owner(s) of the property involved; • the owners of all property within and outside of the city that is within 500 feet of the exterior boundaries of the property involved (or the expanded area described below);
Mail	24 days	• the residential, commercial, and industrial occupants of all property within 500 feet of the exterior boundaries of the property involved (or the expanded area described below); • the certified Neighborhood council representing the area in which the property is located; and • interested parties who have requested in writing to be notified
Posting	10 days	• Applicant must post in a conspicuous place on the propertyinvolved

b. if the mailed notice within the required radius does not result in notice to at least 20 different owners of at least 20 different lots other than the subject property, then the notification radius will increase in increments of 50 feet until that number of owners and lots are within the expanded area.
c. An application requesting relief from density or height requirements shall follow the procedures for public hearing and notice as set forth in Sec. 13B.5.2. (Adjustment) .

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Zoning Administrator is the initial decision maker.

3. Public Hearing

a. the Zoning Administrator shall set the matter for public hearing, giving notice in the manner specified in Subsection C. (Notice) above.
b. An application for a variance shall be set for public hearing unless the chief Zoning Administrator or, in their absence, an Associate Zoning Administrator performing their functions, makes written findings, a copy of which shall be attached to the file, that the requested variance:
- i. Will not have a significant effect on adjoining properties or on the immediate neighborhood; or

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

ii. is not likely to evoke public controversy.

4. Decision

the Zoning Administrator shall render the initial decision within 75 days of the submission of a complete application. if the Zoning Administrator fails to make a timely decision, the applicant may file a request for transfer of jurisdiction to the Area Planning commission pursuant to Sec. 13A.2.6. (Transfer of Jurisdiction) .

5. Conditions of Approval

in granting a variance, the Zoning Administrator may impose conditions to remedy a disparity of privileges and that are necessary to protect the public health, safety, welfare, and to assure compliance with the objectives of the General Plan and the purpose and intent of the zoning ordinance.

6. Transmittal

Upon making a decision, the Zoning Administrator shall transmit a copy of the written findings and decision to the applicant, the Director, the Department of Building and Safety, owners of all properties abutting, across the street or alley from, or having a common corner with the subject property and to all persons who have filed written requests for this notice with the office of Zoning Administration. the Zoning Administrator shall also place a copy of the findings and decision in the file.

e. Standards for Review and Required Findings

the standards in City Charter, Sec. 562 (Variances) apply to variances. in granting a variance, the Zoning Administrator or Area Planning commission (on appeal) or city council (on appeal) shall find:
- a. that the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations;
- b. that there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity;
- c. that the variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of the special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question;

d. that the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the same zone or vicinity in which the property is located; and

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

e. that the granting of the variance will not adversely affect any element of the General Plan.

A variance shall not be used to grant a special privilege or to permit a use substantially inconsistent with the limitations upon other properties in the same zone and vicinity. the Zoning Administrator may deny a variance if the conditions creating the need for the variance were self-imposed.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .

G. Appeals

1. General Procedures

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

Decision Maker

the Area Planning commission and the city council are the appellate decision makers.

3. Filing

Any person aggrieved by an initial decision of the Zoning Administrator concerning a variance may appeal the decision to the Area Planning commission.

4. Appellate Decision

a. the Area Planning commission will set the matter for a public hearing, giving notice in the manner specified in Subsection C. (Notice) above.
b. the Area Planning commission shall act within 75 days after the expiration of the appeal period. if the Area Planning commission fails to render a timely decision, the action of the Zoning Administrator on the matter shall be final, unless the appellant files a request for a transfer of jurisdiction to the city council for decision pursuant to Sec. 13A.2.6. (Transfer of Jurisdiction) .
c. the Area Planning commission may affirm, reverse, or modify the Zoning Administrator’s decision.
d. in considering appeals, the Area Planning commission shall be subject to the same limitations regarding findings and conditions as are applicable to the Zoning Administrator on the initial decision.
e. Upon making a decision, a copy of the findings and decision shall forthwith be placed on file in the city Planning Department, and copies of the decision shall be sent to the applicant, the appellant, the Department of Building and Safety, the Director, and the office of Zoning Administration.

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

f. Date of Final Decision

A denial of a variance by an Area Planning commission on appeal shall become final upon the date it was mailed to the applicant. However, a decision by the Area Planning commission granting or confirming the grant of a variance shall become final after 15 days from the date it was mailed to the applicant, unless an appeal is filed with the city council within that period. the filing of an appeal stays proceedings in the matter until the council makes a decision on the matter. the council shall not consider any appeal not filed within the 15-day period.

5. Appeal to City Council

a. An appeal from a decision of the Area Planning commission granting or affirming the grant of a variance may be filed by the applicant or any person aggrieved by the decision. there shall be no further appeal from the decision of the Area Planning commission to deny a variance.

b. Action by City Council and Mayor

i. the city council will set the matter for a public hearing, giving notice in the manner specified in Subsection C. (Notice) above.
ii. When considering an appeal from an Area Planning commission decision granting or affirming the grant of a variance, the city council shall be subject to the same limitations regarding findings and conditions as are placed on the Area Planning commission by this Section .
iii. the city council, by resolution, may affirm, reverse or modify, in whole or in part, the decision of the Area Planning commission by a majority vote. Failure of the city council to act within 90 days from the expiration of the appeal period, or within any additional period as may be agreed upon by the applicant and the city council shall be deemed to be a denial of the appeal.
iv. When a variance decision is appealed to the city council and the city council either approves the variance or denies an appeal from an earlier approval, the matter together with the files and reports shall forthwith be transmitted to the Mayor. the Mayor may approve or disapprove the variance within 10 days of its presentation to him or her. this action shall be based solely upon the administrative record and whether the Mayor believes the variance conforms to the requirements for approval set forth in this Section .
v. if the Mayor disapproves the variance, he or she shall return the matter to the city clerk for presentation to the city council, together with the objections in writing. the council within 60 days after the matter has been returned to it may override the disapproval by a two-thirds vote.

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

vi. if the council fails to override the Mayor’s disapproval within the 60 days, the Mayor’s disapproval shall constitute a denial of the variance. if the Mayor fails to return the matter to the city clerk within 10 days of its presentation to him or her, the approval of the variance shall become final.

H. Modification of Entitlement

1. Development of Site

a. On any lot or portion of a lot on which a use is permitted pursuant to a variance, new buildings or structures may be erected, enlargements may be made to existing buildings, and existing uses may be extended if plans for those changes are submitted and approved by a Zoning Administrator. A Zoning Administrator shall not approve any use, single deviation, or combination or series of deviations from the zoning regulations which was not approved as part of the original variance, or which would result in an increase in size or bulk of buildings exceeding 20 percent.
b. Any person submitting development plans or any other aggrieved person by the decision of a Zoning Administrator made relative to the approval or disapproval of a development plan may appeal the decision to the Area Planning commission. No fee shall be required for the filing of appeals by other aggrieved persons.

2. Reduction of Site

So long as the use approved by variance is continued, the entire approved site shall be retained for the approved use, and no portion of the site shall be severed or utilized for other purposes unless the plans for the reduced site are first submitted to and approved by a Zoning Administrator. the decision of a Zoning Administrator on a proposed reduction of the area of an approved site shall be subject to the same appeal as is provided in Subsection G.4. above for an application to establish the use by variance.

3. Conditions of Approval

in connection with the approval of such plans, a Zoning Administrator may impose conditions on the same basis as provided for in this Section in connection with the original variance.

4. Change of Use

No use approved by variance may be changed to a different use for which a variance is otherwise required unless the new use is authorized in accordance with the procedure prescribed in this Section for the establishment of a use by variance.

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

i. Revocation and Repeal

Discontinuance of Variance or Exception - Revocation
- a. if the use authorized by any variance granted by ordinance, or by decision of the Zoning Administrator, the Area Planning commission, city Planning commission or the city council is or has been abandoned or discontinued for a period of six months, or the conditions of the variance have not been complied with, the Director, upon knowledge of this fact, may give notice to the record owner or lessee of the real property affected to appear at a time and place fixed by the Director and show cause why the ordinance or decision granting the variance should not be repealed or rescinded, as the case may be.
- b. After the hearing, the Director may revoke the variance, or if an ordinance is involved, recommend to the city council that the ordinance be repealed. the decision of the Director shall become final after 15 days from the date of mailing of the decision to the owner or lessees of the real property affected, unless an appeal to the council is filed within that 15-day period. An appeal may be taken to council in the same manner as described in Subsection G. (Appeals) above. After revocation or repeal, the property affected shall be subject to all the regulations of the zone in which the property is located.

2. Failure to Utilize Variance or Exception - Repeal

a. the procedure for repeal of variances that have been abandoned or discontinued as set forth in Subdivision 1. (Discontinuance of Variance or Exception – Revocation) above shall not apply to those exceptions or conditional variances granted by ordinance and which were once utilized, but the authorized use or development had been discontinued or removed from the site for at least one year and the ordinance has been repealed.
b. if the rights established by any ordinance previously adopted authorizing an exception or conditional variance from the provisions of this chapter, Chapter I. (General Provisions and Zoning) , or ordinances No. 42,666 (N.S.), 66,750 and 74,140, have never been executed or utilized, or, if once utilized, the use or development authorized has been discontinued or removed from the site for a period of least one year, that exception or conditional variance shall no longer be of any force or effect and the respective ordinance granting the exception or conditional variance is hereby repealed.

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Sec. 13B.5.3. (Variance) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

Exceptions & meaning →

Sec. 13B.5.4. MODIFICATION OF ENTITLEMENT¶

Purpose. the Modification of entitlement is a discretionary process intended to be used for situations where the code expressly provides for a possible modification of the original entitlement pursuant to this process and it is deemed necessary to modify conditions of approval for the original grant on an approved project prior to the issuance of the certificate of Occupancy.

A. Applicability

1. Original Action

this Section applies to modification of an approved entitlement, referred to in this Section as the “original action," only if the code expressly provides for a modification of that entitlement pursuant to this process.

2. Modification

a. For purposes of this Section , a “modification” means any changes in the proposed physical development or related conditions of approval that were approved in the original action.

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b. A modification is limited to an alteration of the physical development or conditions of approval on the original action by no more than 20 percent, and the modification will not result in a new, significant unavoidable environmental impact.
c. if multiple modifications are requested on the same original action, the modifications shall not cumulatively exceed the 20 percent limitation described above in Paragraph b.
d. A modification does not include the granting of any new rights, nor does it include the granting of any deviation from zoning regulations in this chapter or Chapter I. (General Provisions and Zoning) .
e. Nothing in this Section is intended to limit the authority of the Director to find that a project is in substantial conformance with its approved entitlements, consistent with state law.

3. New Application

Any request for a modification that exceeds the 20 percent limitation described above in Subdivision 2.b. or Subdivision 2.c. will not be processed as a modification of the original action but will instead require a new application.

B. Initiation

An application for a Modification of entitlement is filed with the Department.

Sec. 13B.5.4. (Modification of Entitlement) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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City of Los Angeles Zoning Code Chapter 1A

the application must include development plans showing the requested modifications.
A Modification of entitlement shall be filed and approved before the original action expires.

c. Notice

1. Notice of Public Hearing

Notice of the public hearing on the initial decision of a Modification of entitlement is provided in the same manner as required on the initial decision of the original action.

2. Notice of Public Hearing on Appeal

Notice of the public hearing on the appeal of a Modification of entitlement is provided in the same manner as required on the appeal of the original action.

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

a. the initial decision maker on a Modification of entitlement is the initial decision maker on the original action.
b. if the project was subject to multiple approvals, the initial decision maker is the initial decision maker assigned pursuant to Sec. 13A.2.10. (Multiple Approvals) , unless otherwise delegated.
c. if the project was subject to an appeal, the decision maker on the Modification of entitlement is the appellate body on the original action, unless otherwise delegated.

3. Public Hearing

the public hearing requirements that applied to the original action also apply to the Modification of entitlement, with notice given in the manner specified in Subsection C. (Notice) above.

4. Decision

the initial decision maker shall approve, conditionally approve, or deny the request within 75 days after the application is deemed complete.

5. Conditions

the initial decision maker may impose conditions on the modification on the same basis as in the original action.

Sec. 13B.5.4. (Modification of Entitlement) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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City of Los Angeles Zoning Code Chapter 1A

6. Transmittal

the initial decision maker shall transmit a copy of the decision by mail to the applicant, all owners and occupants of properties abutting, across the street or alley from, or having a common corner with the subject property, and persons who have filed a written request for the notice with the Department of city Planning.

e. Standards for Review and Required Findings

in approving a Modification of entitlement, the decision maker shall find that the modification complies with all of the findings that apply to the original action.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .
Modification of entitlement applications and approvals are only valid for permits or decisions which have not expired. A Modification of entitlement does not suspend or extend the term grant of the original permit or decision.

G. Appeals

1. General Procedures

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

2. Appealable in Same Manner as original Action

the initial decision on a Modification of entitlement is appealable in the same manner as an appeal on the original action.

3. Scope of Appeal

An appeal of a Modification of entitlement is an appeal of the requested modification; it is not an appeal of the entire project or grant as approved in the original action.

H. Modification of Entitlement

An approved Modification of entitlement may be modified thereafter by following the same procedures established above for the original Modification of entitlement.

Sec. 13B.5.4. (Modification of Entitlement) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

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Sec. 13B.5.5. REASONABLE ACCOMMODATION¶

A. Applicability

[Figure]

this Section establishes a formal procedure for an individual with a disability seeking equal access to housing to request a reasonable Accommodation as provided by the Federal Fair Housing Amendments Act of 1988 and california’s Fair employment and Housing Act, and to establish criteria to be used when considering these requests.
the following definitions apply to this Section :

Acts. the Federal Fair Housing Amendments Act of 1988 and california’s Fair employment and Housing Act

Individual with a Disability. As defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or, anyone who has a record of that type of impairment.

Reasonable Accommodation. Providing an individual with

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a disability or developers of housing for an individual with a

disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities.

B. Initiation

A written request for reasonable Accommodation from a land use or zoning regulation or policy shall be made on a form provided by the Department by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability.
A request for reasonable Accommodation shall state the basis of the request including but not limited to a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.
the Director may request additional information necessary for making a determination on the request for reasonable Accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. if additional information is requested, the 45-day time period for making a determination on the request stops running until the additional information is provided.

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Sec. 13B.5.5. (Reasonable Accommodation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

c. Notice

1. Notice of Public Hearing

a. there is no public hearing required on the initial decision of a reasonable Accommodation, and therefore no notice of a public hearing is required.

Notice of Public Hearing on Appeal
- a. the following notice is required for the public hearing on the appeal:

Type of Notice	When	Where / To Whom / Additional Requirements
Publication Mail	24 days 24 days	• in a newspaper of general circulation in the city, designated for thatpurpose bythe cityclerk • the applicant; • the appellant; • the owner(s) of the property involved; • Owners of all properties abutting, across the street or alley from or having a common corner with the subject property; and • the certified Neighborhood council representing the area in which thepropertyis located
Posting	10 days	• the applicant will post notice in a conspicuous place on theproperty

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Director is the initial decision maker.

3. Decision

the Director shall issue a written determination to either grant, grant with modifications, or deny a request for reasonable Accommodation within 45 days of the date the application is deemed complete, or within an extended period as mutually agreed upon in writing by the applicant and the Director.

Regulations Effective while Decision Pending

While a request for reasonable Accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

5. Covenant

Prior to the issuance of any permits relative to an approved reasonable Accommodation, the Director may require the applicant to record a covenant in the los Angeles county recorder’s

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Sec. 13B.5.5. (Reasonable Accommodation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

office acknowledging and agreeing to comply with the terms and conditions established in the determination. the covenant is required only if the Director finds that a covenant is necessary to provide notice to future owners that a reasonable Accommodation has been approved.

6. Transmittal

the Director shall transmit a copy of the written findings and decision to the applicant and to all owners of properties abutting the subject property. All written decisions shall give notice of the right to appeal and to request reasonable Accommodation in the appeals process as set forth in Subsection G. (Appeals) of this Section .

e. Standards for Review and Required Findings

1. General

in approving a request for a reasonable Accommodation, the Director or city council (on appeal) shall find:

a. that the housing, which is the subject of the request for reasonable Accommodation, will be used by an individual with a disability protected under the Acts;
b. that the requested accommodation is necessary to make housing available to an individual with a disability protected under the Acts;
c. that the requested accommodation would not impose an undue financial or administrative burden on the city; and
d. that the requested accommodation would not require a fundamental alteration in the nature of the city’s land use and zoning program.

2. Coastal Zone Properties

a. For housing located in the coastal Zone, a request for reasonable Accommodation under this Section shall be approved by the city if it is consistent with the requisite findings above, with Chapter 3 (Coastal Resources Planning and Management Policies) of the California Coastal Act of 1976 , and with the interpretive Guidelines for coastal Planning and Permits as established by the california coastal commission dated February 11, 1977 or the certified local coastal Program land Use Plan for that area.
b. Where a request for reasonable Accommodation is not consistent with the regulations identified in Paragraph a. above, the city may waive compliance with an otherwise applicable provision of these regulations and approve the request for reasonable Accommodation if the city finds:
- i. that the requested reasonable Accommodation is consistent, to the maximum extent feasible, with the regulations identified in this Subsection ; and

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Sec. 13B.5.5. (Reasonable Accommodation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.5. (Quasi-Judicial Relief)

City of Los Angeles Zoning Code Chapter 1A

ii. that there are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the regulations identified in this Subsection .

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .
if the Director grants the request, the request is granted to an individual and does not run with the land unless the Director determines that:
- a. the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this code; or
- b. the accommodation is to be used by another individual with a disability.

G. Appeals

1. General Procedures

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

2. Decision Maker

the city council is the appellate decision maker.

3. Filing

Only the aggrieved applicant and abutting owners who received notice of the reasonable Accommodation determination have a right to appeal the decision.

4. Appellate Decision

a. Before acting on any appeal, the city council shall set the matter for hearing, giving notice in the manner specified in Subsection C. (Notice) above.
b. the city council shall act within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the city council.
c. the city council will render its decision by resolution. A decision to reverse or modify the Director’s decision, in whole or in part, shall only be adopted by at least a two-thirds vote of the whole council.

H. Modification of Entitlement

A reasonable Accommodation may be modified by following the same procedures established above for the original action.

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Sec. 13B.5.5. (Reasonable Accommodation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.6. (Non-Compliance)

City of Los Angeles Zoning Code Chapter 1A

Exceptions & meaning →