Division 9.3 — COMMUNITY BENEFITS PROGRAM

A. Purpose

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The purpose of this Division (Community Benefits Program) is to promote the production of restricted afordable unitf s and improvements, facilities, resources, and services for the benefit and

enjoyment of the general public.

B. Applicability

This Section (Community Benefits Program Structure) shall apply to any project using an incentive

program that meets all of the following requirements:

1. The project meets the eligibility requirements in Subsection C. (Eligibility), below;

2. The project is providing the percentage of restricted afordable unitf s required in Sec. 9.3.2.

(Local Affordable Housing Incentive Program), or public benefits required pursuant to a program established in this Division (Community Benefits Program) ; and

3. The applied Form District (Part 2B.) provides for tier 1 bonus foor area ratiol, tier 2 bonus foor l

area ratio, tier 1 bonus height, or tier 2 bonus height.

C. Eligibility

A project may obtain incentives pursuant to this Division (Community Benefits Program) subject to

the allowances and requirements provided below:

1. Residential Projects

a. A project that involves the construction of dwelling units must use the incentive program

in Sec. 9.3.2. (Local Affordable Housing Incentive Program) to its fullest extent. For

purposes of this Subparagraph (Residential Projects), to its fullest extent means the project

provides the number of restricted afordable unitf s to qualify for the maximum density

increase allowed by the applicable local incentive program set in Sec. 9.3.2.B.1. (Local

Incentive Program Sets) .

b. Calculation of the maximum density increase allowed and number of restricted afordable f

units required shall be based on the maximum allowable residential density.

c. A project that involves dwelling units with unused foor areal or height based on the tier 2

bonus foor area ratiol or tier 2 bonus height available in the applied Form District (Part 2B.),

may use the remaining development potential using one of the methods below, up to the

maximum allowed by the applied Form District (Part 2B.) :

Sec. 9.3.1. (Community Benefits Program Structure) | 9-87 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

Public Benefit Systems | ARTICLE 9 Div. 9.3. (Community Benefits Program)

i. Additional Restricted Affordable Units

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Providing additional restricted afordable unitf s above the minimum percentage required to qualify for the maximum density increase of the applicable affordable

housing program. The amount of additional FAR or height provided for additional

percentages of restricted afordable unitf s shall be determined by the applicable

Specifc Plani, Supplemental District, or Special Zone.

ii. Public Benefits Incentive Programs

Using one or more of the programs established in this Division (Community Benefits Program) for additional public benefits other than restricted afordable unitf s, if

available as incentive programs in an applicable Specifc Plani, Supplemental District, or

Special Zone.

2. Non-Residential Projects

A project which does not involve the construction of dwelling units may use any of the programs established in this Division (Community Benefits Program) that incentivize public benefits other than restricted afordable unitf s. Additional foor area ratiol or height may be

awarded up to the maximum tier 1 bonus foor area ratiol or tier 1 bonus height allowed by the applied Form District (Part 2B.), as established in this Section (Community Benefits Program

Structure) and in an applicable Specifc Plani, Supplemental District, or Special Zone.

Sec. 9.3.1. (Community Benefits Program Structure) | 9-88 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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A. Purpose

The purpose of the Local Affordable Housing Incentive Program is to encourage the creation and

development of restricted afordable unitf s citywide beyond the levels encouraged by the State density bonus program, and to increase the production of affordable housing units in specific areas identified in the applicable Community Plan or other plan or ordinance.

B. Eligibility

A housing development project that includes the minimum percentage of on-site restricted

afordable unitf s required by Paragraph 1. (Local Incentive Program Sets) below, provides the

required housing replacement units in Paragraph 2. (Housing Replacement) below, or pursuant

to Chapter XV., Article 1. (Rent Stabilization Ordinance) of this Code, and meets the additional

eligibility requirements for the lot in the applicable CPIO or Specifc Plani, if any, is entitled to

receive all of the incentives in Subsection C. (Base Incentives) below, and additional incentives as

outlined in Subsection D. (Additional Incentives) below.

1. Local Incentive Program Sets

a. Established

Local Incentive Program Sets A through G are established below, and define the minimum

percentage of on-site restricted afordable unitf s required.

LOCAL INCENTIVE PROGRAM SETS

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b. Local Incentive Program Set Designation

The applicable Local Incentive Program Set shall be determined based on the designation shown on the Local Affordable Housing Incentive Map established in Sec. 1.5.4. (Local Affordable Housing Incentive Map), or in the applicable CPIO or Specifc Plani .

c. Calculating Affordability Requirements

In calculating the minimum percentage of on-site restricted afordable unitf s, the percentage of each affordability level shall be based on the total final project dwelling unit

Sec. 9.3.2. (Local Affordable Housing Incentive Program) | 9-89 Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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count. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit) .

d. Ownership Requirement

Moderate income household restricted afordable unitf s shall be for sale only. Restricted afordable unitf s of all other affordability levels may be rental or for sale units.

e. Linkage Fee Calculation

For the purpose of the fee established in Sec. 15.4.3. (Affordable Housing Linkage Fee),

a minimum of seven percent acutely low income households dwelling units shall be

calculated in the same manner as a minimum of eight percent extremely low income

household dwelling units.

2. Housing Replacement

A housing development project must meet any applicable housing replacement requirements

of California Government Code, Sec. 65915(c)(3) . Consistent with California Government

Code, Sec. 65915(c)(3), dwelling units that are subject to Chapter XV. (Rent Stabilization) of

the LAMC and California Government Code Sec. 65915(c)(3)(C ) and that are also deemed or

presumed to be occupied by persons or families above the lower income category shall be

replaced with low income units pursuant to California Government Code, Sec. 65915(c)(3)(C)

(i), as determined by the Los Angeles Housing Department.

C. Base Incentives

A housing development project that includes the minimum amount of on-site restricted afordablef

units in Paragraph 1. (Local Incentive Program Sets) of Subsection B. (Eligibility) above, shall be

entitled to the following base incentives.

1. Residential Density

a. Housing development projects shall be granted an increase in the maximum allowable

residential density as follows:

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Sec. 9.3.2. (Local Affordable Housing Incentive Program) | 9-90 Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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b. Housing development projects that consist of 100 percent on-site restricted afordable f

units, exclusive of a building manager unit or units, shall be permitted an additional

increase in density of 10 percentage points more than listed in Subparagraph a. above. For

example, a 50 percent density increase will become a 60 percent density increase.

2. Floor Area Ratio

a. Housing development projects shall be entitled to the portion of bonus FAR granted in the

applicable CPIO or Specifc Plani, up to the maximum bonus FAR allowed by the applied

Form District (Part 2B.) .

b. Housing development projects that consist of 100 percent on-site restricted afordable f

units, exclusive of a building manager unit or units, shall be permitted an additional 10

percent more of maximum foor areal than listed Subparagraph a. above or in the applied

Form District (Part 2B.) . However, in no instance shall the housing development project

exceed an FAR of 13:1.

3. Height

Housing development projects shall be entitled to use the entire bonus height (if any) allowed

by the applied Form District.

4. Automobile Parking Incentives

a. Housing development projects shall qualify for reduced residential parking according to

the table below. The applicable Automobile Parking Incentive shall be determined based on the designation shown on the Local Affordable Housing Incentive Map established in Sec. 1.5.4. (Local Affordable Housing Incentive Map), or in the applicable CPIO or Specifc i

Plan.

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b. For a housing development project that consists of 100 percent on-site restricted

afordable unitf s, exclusive of a manager unit or units, no parking is required for the project.

c. For a housing development project located 750 feet or less from a transit stop, as

measured from the closest point on the lot to an entrance of the station or stop, no

parking is required for the project.

d. A housing development project with non-residential uses in any Local Incentive Program

Set may reduce the minimum automobile parking requirement in Div. 4C.4. (Automobile

Parking) for any non-residential use by 20 percent.

Sec. 9.3.2. (Local Affordable Housing Incentive Program) | 9-91 Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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e. Where parking reductions greater than those in this Section (Local Affordable Housing

Incentive Program) are included in California Government Code, Sec. 65915(p), the greater

reductions shall apply.

D. Additional Incentives

In addition to the applicable incentives established in Subsection C. (Base Incentives) above, a

housing development project that includes the minimum amount of on-site restricted afordable f

units in Paragraph 1. (Local Program Incentive Sets) of Subsection B. (Eligibility) above, shall be

entitled to up to three of the following additional incentives. However, the number a housing

development project is entitled to, and the type of additional incentives may be superseded by a

CPIO or Specifc Plani .

1. Density Calculation

Any area of any land required to be dedicated for street or alley purposes may be included as

lot area for purposes of calculating the maximum density permitted by the applied Density

District (Part 6B.) .

2. Building Coverage

Up to a 25 percent increase in building coverage limits.

3. Lot Width

Up to 25 percent decrease in the required lot width.

4. Averaging of Floor Area, Lot Amenity Space, Parking, & Density

A housing development project that is located on two or more contiguous parcels may

average the maximum foor areal, minimum lot amenity space, minimum parking, and

maximum density over the housing development project site, provided that:

a. The proposed uses are permitted by the applied Use District of each parcel; and

b. A covenant running with the land is recorded with the Los Angeles County Recorder, and

a copy is provided to the Department of Building and Safety prior to the issuance of any building permits, that specifies no further lot line adjustment or any other action may

cause the housing development project site to be subdivided subsequent to this grant, is

permitted for the life of the housing development project.

5. CPIO Additional Incentives

Additional incentives (if any), and eligibility requirements for additional incentives, shall be

outlined in the applicable CPIO or Specifc Plani .

E. Process

The following procedures apply to housing development projects, but may be superseded by a

Specifc Plan, Supplemental District, or Special Zonei :

Sec. 9.3.2. (Local Affordable Housing Incentive Program) | 9-92 Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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1. Base and Additional Incentives

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A housing development project requesting only the base incentives in Subsection C. (Base

Incentives) above, and additional incentives outlined in Subsection D. (Additional Incentives)

above, or in an applicable Specifc Plani, Supplemental District, or Special Zone, shall follow

the procedures in Sec. 9.2.1.D.1.a. (Projects Requesting Base Incentives & Incentives from the

Menu of Additional Incentives) .

2. Additional Incentives

Housing development projects requesting additional incentives outlined in Subsection D.

(Additional Incentives) above, or in the applicable CPIO or Specifc Plani shall follow the

procedures in Sec. 9.2.1.F.2. (Projects Requesting Additional Incentives) .

3. Off-Menu Incentives

Housing development projects that qualify for incentives by meeting the minimum required

percentage of restricted afordable unitf s, as outlined in Paragraph 1. (Local Incentive Program Sets) of Subsection B. (Eligibility) above, and for which the applicant requests an off-menu incentive, waiver, or modification of any Form District (Part 2B.) standard or Development

Standards District (Part 4B.) standard that is not included in the incentives outlined in

Subsection C. (Base Incentives) above, or Subsection D. (Additional Incentives) above, must be

approved pursuant to Sec. 9.2.1.D.1.c. (Projects with Requests for Waivers) .

4. Records and Agreement

Prior to the issuance of any building permit, the applicant shall record a covenant acceptable

to the LAHD that reserves and maintains the total combined number of dwelling units designated as restricted affordable for at least 55 or 99 years pursuant to Sec. 4C.15.3. (Restricted Affordable Units) from the issuance of the Certificate of Occupancy.

Sec. 9.3.2. (Local Affordable Housing Incentive Program) | 9-93 Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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A. Intent

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The purpose of this Section (Public Benefits Menu), the “Public Benefits Menu,” is to encourage the development of facilities and services that are necessary to or are of benefit to the public and the community in which the facility or service is located. The Public Benefits Menu provides a centralized and standardized list of beneficial facilities and services that other incentive programs

can point to in order to activate the provision of public facilities and services that are appropriate

for the goals and needs of each program or community.

B. Applicability

1. Project Activities

As the Public Benefits Menu is enabled and activated by various incentive programs throughout this Article (Public Benefit Systems), Specifc Plani s, Supplemental Districts, and Special Zones, the project activities applicable to the use of the Public Benefits Menus shall be

those project activities allowed for the incentive program, Specifc Plani, Supplemental District,

or Special Zone being utilized by the project.

2. Reconciling Provisions

As the Public Benefits Menu is enabled and activated by various different incentive programs throughout this Article (Public Benefit Systems), Specifc Plani s, Supplemental Districts, and Special Zones, any conflict between the provisions of this Section and conflicting provisions

in any Zoning District, Supplemental District, Specifc Plani, Special Zone, or other zoning

provision shall be resolved pursuant to the reconciling provisions established for the incentive

program, Specifc Plani, Supplemental District, or Special Zone, being utilized by the project.

C. Program Rules

1. Eligibility

A project must be authorized by an incentive program in this Article (Public Benefit Systems),

or in an applicable Specifc Plani, Supplemental District, or Special Zone, to be eligible to receive incentives in the Public Benefits Menu in exchange for providing public benefits.

2. Incentives

a. Bonus FAR and Bonus Height

i. If the option to provide public benefits is enabled by an incentive program in this Article (Public Benefit Systems) or in an applicable Specifc Plani, Supplemental District,

or Special Zone, a project shall be awarded additional foor areal up to the maximum

tier 2 bonus foor area ratiol and tier 2 bonus height allowed by the applied Form

Sec. 9.3.4. (Public Benefits Menu) | 9-95 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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District (Part 2B.), by providing one or more of the public benefits options in Paragraph 3. (Public Benefits Incentive Sets), below, or by providing an alternative community facility pursuant to Sec. 9.3.1.D.1.b. (Alternative Public Benefit Options), below.

ii. In order to qualify for additional foor areal and height pursuant to this Section (Public

Benefits Menu), a project is only eligible to use the public benefits options listed in Paragraph 3. (Public Benefits Incentive Sets), below, for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec.1.5.12.), or for the Public Benefits Incentive Set specified within an applicable incentive program.

iii. The amount of additional foor areal and additional height granted for each eligible

public benefits option shall be established by the mapped Public Benefits Incentive Set

or by the applicable Specifc Plani, Supplemental District, or Special Zone. However, the

total foor areal on the lot or height of the project shall not exceed the maximum tier

2 bonus foor area ratiol and tier 2 bonus height allowed by the applied Form District

(Part 2B.) or applicable Alternative Typology (Part 7B.), except where permitted in Sec.

2C.4.1.C.3. (Tier 2 Bonus), Sec. 2C.4.2.C.3. (Tier 2 Bonus), or Sec. 2C.4.3.C.2.b. (Tier 2

Bonus) .

b. Tenant Size Limitations

When used to qualify for additional foor areal or height pursuant to this Section (Public Benefits Menu), spaces dedicated to one or more of the eligible public benefits options outlined in Paragraph 4. (Public Benefits Options), below, are not required to conform to

tenant size limitations in the applied Use Districts (Part 5B.) .

3. Public Benefits Incentive Sets

a. Public Benefits Incentive Set 1

Projects on a lot mapped with Public Benefits Incentive Set 1 or identified as eligible for Public Benefits Incentive Set 1 through an applicable incentive program shall be eligible to obtain the any additional foor areal and/or additional height identified in the table below,

up to the maximum tier 2 bonus foor area ratiol and tier 2 bonus height allowed by the

applied Form District (Part 2B.) or eligible Alternative Typology (Part 7B.), by providing the corresponding public benefits options listed in the table, as the options are described in Paragraph 4. (Public Benefits Option), below:

Sec. 9.3.4. (Public Benefits Menu) | 9-96 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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b. Public Benefits Incentive Set 2

Projects on a lot mapped with Public Benefits Incentive Set 2 or identified as eligible for Public Benefits Incentive Set 2 through an applicable incentive program shall be eligible to obtain any additional foor areal and/or additional height identified in the table below,

up to the maximum tier 2 bonus foor area ratiol and tier 2 bonus height allowed by the

applied Form District (Part 2B.) or eligible Alternative Typology (Part 7B.), by providing the corresponding public benefits options listed in the table, as the options are described in Paragraph 4. (Public Benefits Option), below:

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Sec. 9.3.4. (Public Benefits Menu) | 9-97 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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Sec. 9.3.4. (Public Benefits Menu) | 9-98 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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c. "CPIO" Public Benefit Incentive Sets

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Where a lot is mapped on the Public Benefits Incentive Map (Sec. 1.5.12.) as “CPIO”, the CPIO will establish public benefits options and the corresponding additional foor areal and height granted for each public benefit option. The CPIO may establish additional public benefits options not listed in this Section (Public Benefits Menu) and when establishing additional public benefits shall provide descriptions, standards, and requirements for the use of the public benefits.

d. “SP” Public Benefit Incentive Sets

Where a lot is mapped on the Public Benefits Incentive Map (Sec. 1.5.12.) as “SP”, a Specifc i Plan will establish the public benefits options and the corresponding additional foor l area and height granted for each public benefit option. The Specifc Plani may establish additional public benefits options not listed in this Section (Public Benefits Menu) and when establishing additional public benefits shall provide descriptions, standards, and requirements for public benefits.

4. Public Benefits Options

In order to qualify for any incentive provided in Paragraph 3. (Public Benefits Incentive Sets)

above, or an applicable incentive program in a Specifc Plani, Supplemental District, or Special Zone, which refers to this Section (Public Benefits Menu), any public benefits option included

in a project must meet all the applicable requirements provided below.

a. Childcare Facility

i. The childcare facility shall comply with all requirements of California Code of

Regulations, Title 22 (Social Security), Division 12 (Child Care Facility Licensing

Regulations), Chapter 1 (Child Care Center General Licensing Requirements) .

ii. The childcare facility shall be appropriately licensed by the California Department of

Social Services .

iii. Floor area used as a childcare facility shall be used for such purpose for a minimum of

55 years after the Certificate of Occupancy is issued. For the purposes of this provision,

the time in which the childcare facility space is vacant does not count towards the

required minimum.

iv. A minimum 10-year lease with a licensed childcare provider, with a five-year renewal

option, shall be required prior to the issuance of a Certificate of Occupancy. This

requirement does not mean that the licensed childcare provider is required to

complete the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representative shall find a new licensed childcare provider

to complete the ten-year term. For the purposes of this provision, the time in which

the childcare facility space is vacant does not count towards the required minimum.

v. The foor areal devoted to a childcare facility shall be located on-site.

Sec. 9.3.4. (Public Benefits Menu) | 9-99 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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vi. For a project which is obtaining additional foor areal for providing a childcare facility,

no other Certificate of Occupancy for the project shall be issued prior to a Certifcate i

of Occupancy for the childcare facility required pursuant to this Section (Public Benefits Menu) .

vii. Notwithstanding the Public Benefit available under this Subparagraph (Child Care

Facility), pursuant to California Government Code Sec. 65915 (h)(3), a density bonus or

incentive for a childcare facility shall not be provided if it is found, based on substantial

evidence, that the community has adequate childcare facilities.

b. Full-Service Grocery Store

i. The full-service grocery store shall have at least 10,000 square feet of foor areal .

ii. At least 25 percent of the foor areal of the full-service grocery store shall be dedicated

to perishable food items.

iii. The full-service grocery store shall accept EBT or other forms of government

assistance.

iv. Floor area used as a full-service grocery store shall be used for such purpose for a

minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of

this provision, the time in which the full-service grocery store space is vacant does not

count towards the required minimum.

v. A minimum 10-year lease with a full-service grocery store, with a five-year renewal

option, shall be required prior to the issuance of a Certificate of Occupancy. This

requirement does not mean that the full-service grocery store is required to complete

the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representatives shall find a new full-service grocery store

to complete the 10-year term. For the purposes of this provision, the time in which

the full-service grocery store space is vacant does not count towards the required

minimum.

vi. The foor areal devoted to a full-service grocery store shall be located on-site.

vii. For a project which is obtaining additional foor areal for providing a full-service

grocery store, no other Certificate of Occupancy for the project shall be issued prior to

a Certificate of Occupancy for the full-service grocery store required pursuant to this Section (Public Benefits Menu) .

c. Health Center

i. The health center shall be certified by the United States Department of Health and

Human Services, Health Resources and Services Administration (HRSA) as a Federally Qualified Health Center (FQHC), or FQHC Look-Alike as defined by the HRSA.

Sec. 9.3.4. (Public Benefits Menu) | 9-100 Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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ii. Floor area provided for a health center shall be used for such purpose for a minimum

of 55 years after the Certificate of Occupancy is issued. For the purposes of this

provision, the time in which the health center space is vacant does not count towards

the required minimum.

iii. A minimum 10-year lease with a health service provider, with a five-year renewal

option, shall be required prior to the issuance of a Certificate of Occupancy. This

requirement does not mean that the health service provider is required to complete

the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representatives shall find a new health service provider to

complete the 10-year term. For the purposes of this provision, the time in which the

health center space is vacant does not count towards the required minimum.

iv. The foor areal used as a health center shall be located on-site.

v. For a project which is obtaining additional foor areal for providing a health center, no

other Certificate of Occupancy for the project shall be issued prior to a Certifcate of i Occupancy for the health center required pursuant to this Section (Public Benefits

Menu) .

d. Employment Area

i. A minimum of 50 percent of the foor areal permitted by the Base FAR must be used for

non-residential uses outlined in the applicable incentive program, or CPIO or Specifc i

Plan.

ii. The foor areal for those eligible uses is maintained for a minimum of 55 years after the

issuance of the Certificate of Occupancy. For the purposes of this provision, the time

in which the space for the eligible uses is vacant does not count towards the required

minimum.

iii. A minimum ten-year lease with a tenant with an eligible use, with five-year renewal

option, shall be required prior to the issuance of a Certificate of Occupancy. This

requirement does not mean that the tenant with an eligible use is required to complete

the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representatives shall find a new tenant with an eligible use

to complete the 10-year term. For the purposes of this provision, the time in which

the foor areal for those eligible uses is vacant does not count towards the required

minimum.

iv. The foor areal devoted to eligible uses shall be located on-site.

e. School and Library

i. Floor area used for a school shall be occupied by a school run by or approved by the Los Angeles Unified School District (LAUSD), and shall be properly accredited.

Floor area used for a library shall be occupied by a library operated by the City of Los

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Angeles Library Department. The applicant must obtain a written agreement from either LAUSD or the City of Los Angeles Library Department confirming the space will

be used for a school or library.

ii. Floor area for a school or library shall be used for such purpose for a minimum of 55

years after the Certificate of Occupancy is issued. For the purposes of this provision,

the time in which the school or library space is vacant does not count towards the

required minimum.

iii. A minimum 55-year lease with a school run by or approved by LAUSD or the City of

Los Angeles Library Department shall be required prior to the issuance of a Certifcate i

of Occupancy. This requirement does not mean that the school run by or approved by

LAUSD or the City of Los Angeles Library Department is required to complete the term

of the lease. If the lease is not completed by a school run by or approved by LAUSD prior to the 10-year term, the property owner or their representatives shall find a new

school run by or approved by LAUSD to complete the 10-year term. For the purposes

of this provision, the time in which the public school or public library space is vacant

does not count towards the required minimum.

iv. The foor areal devoted to a school or library shall be located on-site.

v. For a project which is obtaining additional foor areal for providing a school or library,

no other Certificate of Occupancy for the project shall be issued prior to a Certifcate i

of Occupancy for the school or library required pursuant to this Section (Public Benefits Menu) .

f. Social Service Center

i. The project provides foor areal for employment services, job training, business

incubation, youth development, educational services, medical care, mental health

care, substance abuse treatment, or food aid (social service centers).

ii. The social service center must be operated by a government agency or a 501(c)(3)

non-profit organization.

iii. Services shall be provided on a voluntary basis with an emphasis on employment

services, job training, business incubation, youth development, educational services,

medical care, mental health care, substance abuse treatment, food aid, or other

services deemed appropriate by the Director of Planning pursuant to Sec. 13B.2.5.

(Director Determination) .

iv. Floor area used as a social service center shall be used for such purpose for a

minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of

this provision, the time in which the foor areal for the social service center is vacant

does not count towards the required minimum.

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v. A minimum ten-year lease with a social service center, with a five-year renewal option,

shall be required prior to the issuance of a Certificate of Occupancy. This requirement

does not mean that the social service center is required to complete the term of the

lease. If the lease is not completed prior to the ten-year term, the property owner or their representatives shall find a new social service center to complete the 10-year

term. For the purposes of this provision, the time in which the foor areal for the social

service center is vacant does not count towards the required minimum.

vi. The foor areal devoted to a social service center shall be located on-site.

vii. For a project which is obtaining additional foor areal for providing a social service

center, no other Certificate of Occupancy for the project shall be issued prior to a

Certificate of Occupancy for the social service center required pursuant to this Section (Public Benefits Menu) .

g. Civic Facility

i. Eligible facilities include: cultural centers, museums, police stations, fire stations,

community centers, indoor recreation, or other public facilities deemed appropriate by

the Director of Planning pursuant to Sec. 13B.2.5. (Director Determination) .

ii. Floor area used for a civic facility shall be used for such purpose for a minimum of 55

years after the Certificate of Occupancy is issued. For the purposes of this provision,

the time in which the foor areal for the civic facility is vacant does not count towards

the required minimum.

iii. A minimum 55-year lease with the City, or an organization approved by the City, shall

be required prior to the issuance of a Certificate of Occupancy. This requirement

does not mean that the City, or the organization designated by the City, is required

to complete the term of the lease. If the lease is not completed by the City, or an

organization approved by the City, prior to the 55-year term, the property owner or their representatives shall find a new organization approved by the City to complete

the 55-year term. For the purposes of this provision, the time in which the civic facility

is vacant does not count towards the required minimum.

iv. The foor areal devoted to a civic facility shall be located on-site.

v. For a project which is obtaining additional foor areal for providing a civic facility, no

other Certificate of Occupancy for the project shall be issued prior to a Certifcate i of Occupancy for the civic facility required pursuant to this Section (Public Benefits

Menu) .

h. Multi-Bedroom Units

For the purposes of this public benefit option, a dwelling unit with four or more habitable

rooms shall be considered a multi-bedroom unit, and calculations of dwelling units for

purposes of this Subparagraph (Multi-Bedroom Units) resulting in fractional numbers shall

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be rounded up to the next whole number. The applicant and property owner shall execute

a covenant in favor of the City that is recorded in the development site’s chain of title in

order to guarantee the qualifying multi-bedroom units will maintain the same bedroom

count and will not be converted to additional residential units in the future.

i. Multi-Bedroom Option A

At least ten percent of the total number of dwelling units (including bonus units) in the

project shall be multi-bedroom units. Projects meeting this criterion shall be granted

the additional foor areal and height allowances listed for multi-bedroom “Option A” in Paragraph 3. (Public Benefits Incentive Sets), above.

ii. Multi-Bedroom Option B

One or more dwelling units in the project (including bonus units) shall be multi bedroom units; however, additional foor areal granted for this multi-bedroom public benefit is only equivalent to the foor areal dedicated to multi-bedroom units, as the

additional foor areal and height allowances are outlined for multi-bedroom “Option B” in Paragraph 3. (Public Benefits Incentive Sets), above.

iii. Multi-Bedroom Option C

At least 40 percent of the total number of dwelling units (including bonus units) in the

project shall be multi-bedroom units. Projects meeting this criterion shall be granted

the additional foor areal and height allowances listed for multi-bedroom “Option C” in Paragraph 3. (Public Benefits Incentive Sets), above.

i. Privately Owned Public Space

i. The entire publicly accessible open space shall comply with the requirements in Sec.

2C.3.3.C.3. (Public Amenity Space), including making the open space permanently and

physically open to the public for use free of charge between sunrise and sunset, or

during regular business hours, whichever is longer.

ii. The publicly accessible open space shall be, at minimum, equal to or greater than the

size of the lot’s minimum required lot amenity space area required by the applied Form

District, including any pedestrian amenity exemption.

iii. This provision may not be used in conjunction with the 25 percent reduction for

making outdoor amenity space publicly accessible in accordance with Sec. 2C.3.1.D.3.

(Measurement) . If the applied Form District does not specify a lot amenity space

requirement, the publicly accessible open space shall be, at minimum, equal to or

greater than 15 percent of the total lot area.

iv. All portions of the publicly accessible open space shall be contiguous, whether located

at-grade or at an upper story.

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v. Any access walkways to the privately owned public space from the public sidewalk or

public right-of-way shall be a minimum of seven feet wide.

vi. If a publicly accessible open space is located along a public sidewalk or public right

of-way, one entrance to the privately owned public space shall be provided from each

public sidewalk or public right-of-way.

vii. Along a public sidewalk or public right-of-way, the publicly accessible open space

shall be unenclosed, as established in Sec. 14.2.4.A.2. (Unenclosed) .

viii. When additional a public facility in conjunction with a publicly accessible open space

is required, and is not provided within the open space, access to the public facility shall

be provided from the adjacent building facades.

ix. Way-finding signs shall be provided at each of the access points, whether externally

or internally, located on or in the building, to guide people to the publicly accessible

open space. Standards include the following:

a) Minimum sign dimension, no less than 16 inches by 20 inches;

b) Required posting of the hours of operation; and

c) Mandatory language regarding public access.

x. The publicly accessible open space complies with any additional requirements set

forth in the applicable Specifc Plani, Supplemental District, or Special Zone.

j. Community Benefits Fund

The project pays into a Community Benefits Fund, in compliance with the provisions

established in any applicable provision in the LAMC, a Specifc Plani, Supplemental District,

or Special Zone.

k. Surveyed Historic Resources Facade

Projects incorporating a surveyed historic resource into the project design in which all the

following standards are met:

i. The project retains all existing street-facing facades of the surveyed historic resource

up to a depth of 10 feet,

ii. Newly constructed foor areal shall be set back behind the ten-foot retention area,

with the exception of common outdoor amenity spaces, pedestrian amenity spaces,

public amenity spaces, and private outdoor amenity spaces, and any horizontal

encroachments permitted pursuant to Subsection E. (Exceptions) of Sec. 2C.2.2.

(Building Setbacks) . For projects where the surveyed historic resource has two street facing facades, the setback shall be applied from both facades, and

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iii. Rehabilitation of the retained facades of the surveyed historic resource is completed

pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, based on an expert report or study, prepared by a qualified historical consultant and/or demonstrated by the project plans and accepted by the Office

of Historic Resources, consistent with any Director adopted technical bulletin, memoranda, or guides. This option does not apply if the Office of Historic Resources

has determined that the surveyed historic resource is not eligible for listing individually

or as a contributor.

l. Active Ground Story

i. Floor area on the ground foorl of the project shall be designed and intended for

active space. Areas for circulation, storage, mechanical equipment, parking, lobbies,

mailrooms, laundry rooms, utilities, and waste collection shall not account for more

than 15 percent of the foor areal designated as active space.

ii. For the area dedicated to active space, the project shall provide a minimum ground

story transparent area of 60 percent along primary street lot lines, 40 percent along

side street lot lines, and 50 percent along special lot lines, where applicable.

iii. For the area dedicated to active space, the project shall provide street-facing

entrances with a maximum entrance spacing of 50 feet along primary street lot lines,

75 feet along side street lot lines, and 50 feet along special lot lines, where applicable.

Street-facing entrances shall meet the standards in Subsection C. (Standards) of Sec.

3C.5.1. (Street-Facing Entrance) .

D. Administration

1. Process

a. Administrative Review

A foor areal or height incentive granted for the provision of a public benefits option included in Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules),

shall be approved using the procedures in Sec. 13B.3.1. (Administrative Review), unless otherwise specified by the applicable incentive program Specifc Plani, Supplemental

District, or Special Zone.

b. Alternative Public Benefit Options

The Director of Planning may approve a foor areal or height incentive provided in the applicable Public Benefits Incentive Set or applicable Specifc Plani, Supplemental District, or Special Zone, for providing public benefit options that are not listed in Paragraph 4. (Public Benefits Options) of Subsection C, (Program Rules) pursuant to Sec. 13B.2.5.

(Director Determination) .

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i. Supplemental Findings

City of Los Angeles Zoning Code Chapter 1A

In addition to the findings required by Sec. 13B.2.5. (Director Determination), to approve an incentive for an alternative public benefit option, the Director of Planning must also find that the alternative public benefit option will enhance the built

environment or quality of life in the surrounding neighborhood and will perform a function or provide a service that is essential or beneficial to the community.

c. Change in Operator or Provider

The property owner shall notify the Department of City Planning in the event a change in operator or provider for a public benefit occurs. The Department of City Planning shall

approve any change in tenant pursuant to Sec. 13B.3.1. (Administrative Review) .

i. Exceptions

a) A project, or those portions of a project, which provided contributions pursuant to

Sec. 9.3.4.C.8. (Community Benefits Fund) shall not be subject to this notification

and approval requirement.

b) A project participating in the State Density Bonus Program (Sec. 9.2.1.), the

Affordable Housing Incentive Program (Sec. 9.2.2.), the Opportunity Corridors

Housing Incentive Program (Sec. 9.2.3.), the Corridors Transitions Incentive

Program (Sec. 9.2.4.), or the Transit Oriented Incentive Program (Sec. 9.2.5.) shall not be subject to this notification and approval requirement for public benefits options listed in Sec. 9.3.4.C.3.a. (Public Benefits Set 1) or Sec. 9.3.4.C.3.b. (Public Benefits Set 2) .

c) In the event that the Mayor declares a fiscal emergency, property owners will not

be required to have an operator or provider for public benefits for the duration of

the emergency.

d. Annual Reporting

Projects that provide public benefits shall demonstrate compliance with the terms required under Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules) by the property owner submitting an annual report, the “Annual Community Public Benefits

Report,” to the Department of City Planning.

i. Annual Community Public Benefits Report

The Annual Community Facilities Report shall include all of the following information:

a) Occupancy status of the development over the last year.

b) Occupancy status of the public benefit over the last year.

c) Type of public benefit options provided.

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City of Los Angeles Zoning Code Chapter 1A

d) Evidence showing compliance with the requirements of Paragraph 4. (Public

Benefits Options) of Subsection C. (Program Rules) .

ii. Non-Compliance

If the Director of City Planning determines after reviewing the Annual Community Public Benefits Report, or at any other time, a property is non-compliant with the requirements in Paragraph 4. (Public Benefits Options), of Subsection C. (Program

Rules), above, the Director may notice the property owner that the 55-year term

of compliance has been extended consistent with the requirements of Paragraph 4. (Public Benefits Options) and/or request the City Attorney’s Office to take legal

action against the owner to enforce the terms of the covenant recorded pursuant to

Paragraph 2. (Records and Agreements), below.

iii. Review

The Department of City Planning shall review the Annual Community Facilities Public Benefits Report pursuant to Sec. 13B.3.1. (Administrative Review) .

iv. Exceptions

a) A project, or those portions of a project, that provided contributions pursuant to

Sec. 9.3.4.C.8. (Community Benefits Fund) shall not be subject to the annual report

requirement.

b) A project participating in the State Density Bonus Program (Sec. 9.2.1.), the

Affordable Housing Incentive Program (Sec. 9.2.2.), the Opportunity Corridors

Housing Incentive Program (Sec. 9.2.3.), the Corridors Transitions Incentive

Program (Sec. 9.2.4.), or the Transit Oriented Incentive Program (Sec. 9.2.5.) shall not be subject to this annual report requirement for public benefits options listed in Sec. 9.3.4.C.3.a. (Public Benefits Set 1) or Sec. 9.3.4.C.3.b. (Public Benefits Set 2) .

c) In the event that the Mayor declares a fiscal emergency, projects will not be

subject to annual report requirements during the duration of the emergency.

e. Fine

If a property owner is found in violation of any of the applicable standards for the public benefits options in Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules), above, the property owner shall be subject to an administrative fine pursuant to Chapter I.

(General Provisions and Zoning), Sec. 11.2.04. (Administrative Fines) of this Code.

i. Exceptions

a) This fine shall not be imposed for public schools or public libraries after the first

lease agreement has been filed with the Department of City Planning.

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b) This fine shall not be imposed in the event that the Mayor declares a fiscal

emergency for the duration of the emergency.

ii. Administration of Fine

This fine shall be administered in accordance with the provisions of Chapter I. (General

Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code, including but

not limited to the appeal in Sec. 11.2.08. (Appeal of the Administrative Citation) .

2. Records and Agreements

Prior to issuance of the Certificate of Occupancy for a project obtaining incentives under this Section (Public Benefits Menu), a covenant acceptable to the Department of City Planning

must be recorded with the Los Angeles County Recorder, guaranteeing that the applicant, tenant, or property owner will dedicate foor areal within the development for public benefits for the periods outlined in Paragraph 4. (Public Benefits Options) of Subsection C. (Program

Rules), and will submit annual reporting to the Department of City Planning in a manner

consistent with Sec. 9.3.4.D.1.c. (Annual Reporting), above.

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A. Purpose

The purpose of this Section (Transfer of Development Rights Programs) is to allow for a CPIO or

Specifc Plani to establish a transfer of development rights program to facilitate the preservation of historically or culturally significant buildings and resources or to encourage the accumulation of

land for use as public parks, while enabling development rights to be used on more appropriate

sites.

B. Applicability

If the transfer of development rights is listed as an available incentive program in the applicable

CPIO or Specifc Plani, the project can obtain additional foor areal up to the maximum bonus FAR

for the applied Form District (Part 2B.) through a transfer of development rights, subject to the

eligibility requirements and other regulations established in the CPIO or Specifc Plani . However,

projects on a lot with an applied Public Use District can obtain additional foor areal beyond the

maximum bonus FAR when the transfer is from a donor site with an applied Public Use District up

to a maximum of 13:1 FAR, but may not exceed any applied height restrictions.

C. Eligibility

A project is eligible to use the transfer of development rights program if the CPIO or Specifc Plani

establishes donor sites (if any) that are eligible to transfer unused foor areal, up to the maximum

bonus FAR for the applied Form District (Part 2B.), and receiver sites that may receive some or

all available unused foor areal from the donor sites. As part of the transfer of development rights

program, the applicable CPIO or Specifc Plani shall establish the applicable rules of transfer

needed to implement the program.

D. Process

To use a transfer of development rights, an application must be filed pursuant to Sec. 13B.2.5.

(Director Determination) . The CPIO or Specifc Plani shall establish additional supplemental

procedures in order to facilitate the transfers and their successful implementation.

E. Records & Agreements

A CPIO or Specifc Plani shall establish any requirements for required records, such as covenants or

easements, and any other agreements necessary to implement the transfers.

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