§ 9.3

A. Purpose

the purpose of this Division (Community Benefits Program) is to promote the production of restricted afordable units 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 units 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 any kind of bonus foor area ratio or bonus height, including tier 1 bonus foor area ratio, tier 2 bonus foor 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 units 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 units required shall be based on the maximum allowable residential density.

• c. After receiving the full possible bonus for providing restricted afordable units, a project that involves dwelling units with unused foor area or height based on the highest bonus FAr and highest bonus height listed 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) Last amended by Ord. 189,007, Eff. 08/20/2026

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i. Additional Restricted Affordable Units

Providing additional restricted afordable units 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 units shall be determined by the applicable Specifc Plan, 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 units, if available as incentive programs in an applicable Specifc Plan, 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 units. Additional foor area ratio or height may be awarded up to the highest bonus FAr and bonus height listed in the applied Form District (Part 2B.) , as established in this Section (Community Benefits Program Structure) or an applicable Specifc Plan, Supplemental District, or Special Zone.

Sec. 9.3.1. (Community Benefits Program Structure) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 units 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 units 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 Plan, 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 units required.

• 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 Plan.

c. Calculating Affordability Requirements

in calculating the minimum percentage of on-site restricted afordable units, 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) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 units shall be for sale only. restricted afordable units 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 afordable 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:

Sec. 9.3.2. (Local Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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• b. Housing development projects that consist of 100 percent on-site restricted afordable 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. A housing development project providing restricted afordable units at the rates outlined in Subsection B. (Eligibility) , above, shall be entitled to FAr up to the maximum tier 1 bonus foor area ratio of the applied Form District (Part 2B.) . Where no tier 1 bonus foor area ratio is specified in the applied Form District (Part 2B.) , a project providing the required number of restricted afordable units is entitled to FAr up to the highest allowable foor area ratio listed in the applied Form District (Part 2B.) , unless otherwise stated by an applicable Specifc Plan, Supplemental District, or Special Zone.

rict (Part 2B.)_ . Where no tier 1 bonus foor area ratio is specified in the applied Form District (Part 2B.) , a project providing the required number of restricted afordable units is entitled to FAr up to the highest allowable foor area ratio listed in the applied Form District (Part 2B.) , unless otherwise stated by an applicable Specifc Plan, Supplemental District, or Special Zone.

• b. A housing development project providing both restricted afordable units at the rates outlined in Subsection B. (Eligibility) , above, in addition to one or more public benefits, shall be entitled to FAr up to the maximum tier 2 bonus foor area ratio of the applied Form District (Part 2B.) , as outlined in Sec. 9.3.4. (Public Benefits Menu) , or an applicable Specifc Plan, Supplemental District, or Special Zone. Where no tier 2 bonus foor area ratio is specified in the applied Form District (Part 2B.) , a project providing the required number of restricted afordable units, with no additional public benefits, is entitled to FAr up to the highest allowable foor area ratio listed in the applied Form District (Part 2B.) , unless otherwise specified by an applicable Specifc Plan, Supplemental District, or Special Zone.

• c. A housing development project that consist of 100 percent on-site restricted afordable units, exclusive of a building manager unit or units, shall be permitted an additional 10 percent more of maximum foor area 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

• a. A housing development project providing restricted afordable units at the rates outlined in Subsection B. (Eligibility) , above, shall be entitled to a height bonus up to the maximum tier 1 bonus height of the applied Form District (Part 2B) . Where no tier 1 bonus height is specified in the applied Form District (Part 2B.) , a project providing the required number of restricted afordable units is entitled to a height bonus up to the highest allowable height listed in the applied Form District (Part 2B.) , unless otherwise stated by an applicable Specifc Plan, Supplemental District, or Special Zone.

• b. A housing development project providing both restricted afordable units at the rates outlined in Subsection B (Eligibility) , above, in addition to one or more public benefits, as outlined in Sec. 9.3.4. (Public Benefits Menu) , or an applicable Specifc Plan, Supplemental District, or Special Zone, shall be entitled to a height bonus up to the maximum tier 2 bonus height of the applied Form District (Part 2B) . Where no tier 2 bonus height is

Sec. 9.3.2. (Local Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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specified in the applied Form District (Part 2B.) , a project providing the required number of restricted afordable units, with no additional public benefits, is entitled to a height bonus up to the highest allowable height listed in the applied Form District (Part 2B.) , unless otherwise specified by an applicable Specifc Plan, Supplemental District, or Special Zone.

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 Plan.

AUTOMOBILE PARKING INCENTIVE Parking Reduction 75% Decrease in required minimum 50% Decrease in required minimum

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

• 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 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 Plan.

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.) .

Sec. 9.3.2. (Local Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 area, 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 Plan.

e. Pubic Benefits

1. A project may access FAr and height bonuses up to the tier 2 bonus foor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.) by providing one or more public benefits, pursuant to Sec. 9.3.4. (Public Benefits Menu), unless otherwise specified by an applicable Specifc Plan, Supplemental District, or Special Zone. Where the applied Form District (Part 2B.) does not specify a tier 2 bonus foor area ratio or tier 2 bonus height, a project may access up to the highest bonus foor area ratio and bonus height listed in the applied Form District (Part 2B.).

2. A project providing public benefits shall be eligible to provide one or more of the public benefit options listed for the Public Benefits incentive Set mapped for the lot on the Public Benefits incentive Map (Sec.1.5.12.). the mapped Public Benefits incentive Set shall establish the foor area ratio and height bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu). Multiple public benefit options can be provided by one project in order to combine and stack public benefit bonuses, but in no case shall the total bonus received exceed the highest bonus FAr and bonus height listed in the applied Form District (Part 2B). A project providing public benefits shall be reviewed and approved pursuant to the processes outlined in in Sec. 9.2.2.D.1.d. (Projects Providing Public Benefits).

Sec. 9.3.2. (Local Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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F. Process

the following procedures apply to housing development projects, but may be superseded by a Specifc Plan, Supplemental District, or Special Zone:

1. Base and Additional Incentives

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 Plan, 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 Plan 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 units, 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 certifcate of Occupancy.

Sec. 9.3.2. (Local Affordable Housing Incentive Program) Last amended by Ord. 189,007, Eff. 08/20/2026

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Sec. 9.3.3. ([Reserved]) Last amended by Ord. 188,478 (Resolution), Eff. 06/18/2025

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

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A. Intent

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 Plans, 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 Plan, 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 Plans, Supplemental Districts, and Special Zones, any conflict between the provisions of this Section and conflicting provisions in any Zoning District, Supplemental District, Specifc Plan, Special Zone, or other zoning provision shall be resolved pursuant to the reconciling provisions established for the incentive program, Specifc Plan, 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 Plan, Supplemental District, or Special Zone, to be eligible to receive incentives in the Public Benefits Menu in exchange for providing public benefits.

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 Plan, Supplemental District, or Special Zone, a project shall be awarded additional floor area up to the maximum tier 2 bonus foor area ratio and tier 2 bonus height allowed by the applied Form 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

Sec. 9.3.4. (Public Benefits Menu) Last amended by Ord. 189,007, Eff. 08/20/2026

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pursuant to Sec. 9.3.4.D.1.b. (Alternative Public Benefit Options), below. Where no tier 2 bonus floor area ratio or tier 2 bonus height is specified in the applied Form District (Part 2B.), a project may exceed the base height in stories up to the highest allowable bonus FAr and bonus height listed in the applied Form District (Part 2B.), unless otherwise specified by an applicable Specifc Plan, Supplemental District, or Special Zone

• ii. in order to qualify for additional foor area 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 area 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 Plan, Supplemental District, or Special Zone. However, the total foor area on the lot or height of the project shall not exceed the maximum tier 2 bonus foor area ratio 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) .

When used to qualify for additional foor area 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 area and/or additional height identified in the table below, up to the maximum tier 2 bonus foor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.) or eligible Alternative Typology (Part 7B.) , by providing the

Sec. 9.3.4. (Public Benefits Menu) Last amended by Ord. 189,007, Eff. 08/20/2026

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corresponding public benefits options listed in the table, as the options are described in Paragraph 4. (Public Benefits Option) , below:

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 area and/or additional height identified in the table below, up to the maximum tier 2 bonus foor area ratio 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) Last amended by Ord. 189,007, Eff. 08/20/2026

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Sec. 9.3.4. (Public Benefits Menu) Last amended by Ord. 189,007, Eff. 08/20/2026

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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 area 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.

Where a lot is mapped on the Public Benefits Incentive Map (Sec. 1.5.12.) as “SP”, a Specifc Plan will establish the public benefits options and the corresponding additional foor area and height granted for each public benefit option. the Specifc Plan 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.

in order to qualify for any incentive provided in Paragraph 3. (Public Benefits Incentive Sets) above, or an applicable incentive program in a Specifc Plan, 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 certifcate 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 any certifcate of Occupancy. the licensed childcare provider is not required to complete the term of the lease. if the lease is terminated for any reason before the initial 10-year period, or any subsequent lease is terminated before 10 years from certifcate of Occupancy, the property owner or their representative shall find a new licensed childcare provider or other tenant providing a public benefit option permitted by an applicable incentive program in this Article 9. (Public Benefit Systems) , Specifc Plan, Supplemental District, or Special

Sec. 9.3.4. (Public Benefits Menu) Last amended by Ord. 189,007, Eff. 08/20/2026

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Zone to complete the 10-year term (or 15-year term, if the five-year renewal option is utilized). For the purposes of this provision, the time in which the public benefit space is vacant does not count towards the required minimum. After the term of the initial lease has been completed, the property owner may offer the tenant an extension in the lease or establish a new lease with a new tenant. A lease must be in effect for the entire duration of the 55-year period specified in Sub-subparagraph iii. , above.

• v. the foor area devoted to a childcare facility shall be located on-site.

• vi. For a project which is obtaining additional foor area for providing a childcare facility, no other certifcate of Occupancy for the project shall be issued prior to a certifcate 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.

• i. the full-service grocery store shall have at least 10,000 square feet of foor area.

• ii. At least 25 percent of the foor area 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 certifcate 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 any certifcate of Occupancy. the full-service grocery store is not required to complete the term of the lease. if the lease is terminated for any reason before the initial 10-year period, or any subsequent lease is terminated before 10 years from certifcate of Occupancy, the property owner or their representatives shall find a new full-service grocery store or other tenant providing a public benefit option permitted by an applicable incentive program in this Article 9. (Public Benefit Systems) , Specifc Plan, Supplemental District, or Special Zone to complete the 10-year term (or 15-year term, if the five-year renewal option is utilized). For the purposes of this provision, the time in which the public benefit space is vacant does not count towards the required minimum. After the term of the initial

Sec. 9.3.4. (Public Benefits Menu) Last amended by Ord. 189,007, Eff. 08/20/2026

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lease has been completed, the property owner may offer the tenant an extension in the lease or establish a new lease with a new tenant. A lease must be in effect for the entire duration of the 55-year period specified in Sub-subparagraph iv. , above.

• vi. the foor area devoted to a full-service grocery store shall be located on-site.

• vii. For a project which is obtaining additional foor area for providing a full-service grocery store, no other certifcate of Occupancy for the project shall be issued prior to a certifcate of Occupancy for the full-service grocery store required pursuant to this Section (Public Benefits Menu) .

• 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.

• ii. Floor area provided for a health center shall be used for such purpose for a minimum of 55 years after the certifcate 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 any certifcate of Occupancy. the health service provider is not required to complete the term of the lease. if the lease is terminated for any reason before the initial 10-year period, or any subsequent lease is terminated before 10 years from certifcate of Occupancy, the property owner or their representatives shall find a new health service provider or other tenant providing a public benefits option permitted in an applicable incentive program in this Article 9. (Public Benefit Systems) , Specifc Plan, Supplemental District, or Special Zone to complete the 10-year term (or 15-year term, if the five-year renewal option is utilized). For the purposes of this provision, the time in which the public benefit space is vacant does not count towards the required minimum. After the term of the initial lease has been completed, the property owner may offer the tenant an extension in the lease or establish a new lease with a new tenant. A lease must be in effect for the entire duration of the 55-year period specified in Sub-subparagraph ii. , above.

• iv. the foor area used as a health center shall be located on-site.

• v. For a project which is obtaining additional foor area for providing a health center, no other certifcate of Occupancy for the project shall be issued prior to a certifcate of Occupancy for the health center required pursuant to this Section (Public Benefits Menu) .

Sec. 9.3.4. (Public Benefits Menu) Last amended by Ord. 189,007, Eff. 08/20/2026

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• i. A minimum of 50 percent of the foor area permitted by the Base FAr must be used for non-residential uses outlined in the applicable incentive program, or cPiO or Specifc Plan.

• ii. the foor area for those eligible uses is maintained for a minimum of 55 years after the issuance of the certifcate 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 certifcate 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 area for those eligible uses is vacant does not count towards the required minimum.

• iv. the foor area devoted to eligible uses shall be located on-site.

• 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 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 certifcate 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 a public library operated by the city of los Angeles library Department shall be required prior to the issuance of any certifcate of Occupancy. this requirement does not mean that the school run by or approved by lAUSD or public library operated by the city of los Angeles library Department is required to complete the term of the lease. if the lease terminates early for any reason, the property owner or their representatives shall find a new school run by or approved by lAUSD or a public library operated by the city of los Angeles library Department to complete the 55-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.

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• iv. the foor area devoted to a school or library shall be located on-site.

• v. For a project which is obtaining additional foor area for providing a school or library, no other certifcate of Occupancy for the project shall be issued prior to a certifcate of Occupancy for the school or library required pursuant to this Section (Public Benefits Menu) .

• i. the project provides foor area 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 certifcate of Occupancy is issued. For the purposes of this provision, the time in which the foor area for the social service center is vacant does not count towards the required minimum.

• v. A minimum 10-year lease with a social service center, with a five-year renewal option, shall be required prior to the issuance of any certifcate 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 terminated for any reason before the initial 10year period, or any subsequent lease is terminated before 10 years from certifcate of Occupancy, the property owner or their representatives shall find a new social service center or other tenant providing a public benefit option permitted in an applicable incentive program in this Article 9. (Public Benefit Systems) , Specifc Plan, Supplemental District, or Special Zone to complete the 10-year term (or 15-year term, if the five-year renewal option is utilized). For the purposes of this provision, the time in which the foor area for the public benefit space is vacant does not count towards the required minimum. After the term of the initial lease has been completed, the property owner may offer the tenant an extension in the lease or establish a new lease with a new tenant. A lease must be in effect for the entire duration of the 55-year period specified in Sub-subparagraph iv. , above.

• vi. the foor area devoted to a social service center shall be located on-site.

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• vii. For a project which is obtaining additional foor area for providing a social service center, no other certifcate of Occupancy for the project shall be issued prior to a certifcate of Occupancy for the social service center required pursuant to this Section (Public Benefits Menu) .

• 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 certifcate of Occupancy is issued. For the purposes of this provision, the time in which the foor area for the civic facility is vacant does not count towards the required minimum.

• iii. A minimum 10-year lease(s) with a civic facility, with a five-year renewal option, shall be required prior to the issuance of any certifcate of Occupancy. this requirement does not mean that the civic facility is required to complete the term of the lease. if the lease is terminated for any reason before the initial 10-year period, or any subsequent lease is terminated before 10 years from certifcate of Occupancy, the property owner or their representatives shall find a new civic facility to complete the 10-year term (or 15-year term, if the five-year renewal option is utilized). For the purposes of this provision, the time in which the foor area for a civic facility is vacant does not count towards the required minimum. After the term of the initial lease has been completed, the property owner may offer the tenant an extension in the lease or establish a new lease with a new tenant. A lease must be in effect for the entire duration of the 55-year period specified in Sub-subparagraph ii. , above.

• iv. the foor area devoted to a civic facility shall be located on-site.

• v. For a project which is obtaining additional foor area for providing a civic facility, no other certifcate of Occupancy for the project shall be issued prior to a certifcate of Occupancy for the civic facility required pursuant to this Section (Public Benefits Menu) .

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 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.

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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 area 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 multibedroom units; however, additional foor area granted for this multi-bedroom public benefit is only equivalent to the foor area dedicated to multi-bedroom units, as the additional foor area and height allowances are outlined for multi-bedroom “Option B” in Paragraph 3. (Public Benefits Incentive Sets) , above.

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 area 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.

• 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.

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• 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 Plan, Supplemental District, or Special Zone.

the project pays into a community Benefits Fund, in compliance with the provisions established in any applicable provision in the lAMc, a Specifc Plan, 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 area 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

• 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,

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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.

• i. Floor area on the ground foor 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 area 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) .

• i. A project within a legacy Small Business incentive Area in an applicable incentive program in this Article (Public Benefit Systems) , Specifc Plan, Supplemental District, or Special Zone may obtain additional foor area and height, provided the legacy small business shall have been in continuous operation for at least 20 years with no break in its operations exceeding two years, and within a two-mile radius of the project site, in the city boundaries, and meet at least two of the following four standards:

  • a) the business has no more than 50 full-time equivalent employees;

  • b) Posts a placard stating that non-english languages are spoken in the establishment, written in the respective language offered. the placard shall be located within five feet of the entrance along the primary street lot line, and shall be a minimum of 8.5 inches by 11 inches in at least a 12-point font;

  • c) Accepts government issued assistance such as electronic Benefit transfer (eBt) and posts a placard stating acceptance of government issued assistance such as electronic Benefit transfer (eBt) within five feet of the entrance along the primary street lot line, which is a minimum of 8.5 inches by 11 inches in a front size of at least a 12-point font;

  • d) Pays employees wages equivalent to or greater than those specified in Article 11. (Living Wage), Sec. 10.37.2. (Payment of Minimum Compensation to Employees) of the lAAc.

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• ii. Floor area used as a legacy small business shall be used for such purposes for a minimum of 55 years after the certifcate of Occupancy is issued. For the purposes of this provision, the time in which the legacy small business space is vacant does not count towards the required minimum.

• iii. A minimum 10-year lease with a legacy small business, with a five-year renewal option, and a limit of no more than five percent rent increase per year shall be required prior to the issuance of any certifcate of Occupancy on the project site. this requirement does not mean that the legacy small business is required to complete the term of the lease. if the lease is terminated for any reason before the initial 10-year period, or any subsequent lease is terminated before 10 years from certifcate of Occupancy, the property owner or their representatives shall find a new tenant providing a public benefits option permitted in the applicable incentive program in this Article (Public Benefit Systems) , Specifc Plan, Supplemental District, or Special Zone to complete the 10-year term. For the purposes of this provision, the time in which the public benefit space is vacant does not count towards the required minimum. After the term of the initial lease has been completed, the property owner may offer the tenant an extension in the lease or establish a new lease with a new tenant. A lease must be in effect for the entire duration of the 55-year period specified in Sub-subparagraph ii. , above.

• iv. the foor area devoted to a legacy small business shall be located on-site.

• v. Projects receiving a foor area incentive for a legacy small business in accordance with this Subparagraph (Legacy Small Business Incentive Area) shall not be eligible for the foor area exemption for preserving or accommodating a legacy small business granted pursuant to Sec. 9.4.9. (Legacy Small Business Program) .

D. Administration

a. Administrative Review

A foor area 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 Plan, Supplemental District, or Special Zone.

b. Alternative Public Benefit Options

the Director of Planning may approve a foor area or height incentive provided in the applicable Public Benefits incentive Set or applicable Specifc Plan, 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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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) .

• 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.

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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• d) evidence showing compliance with the requirements of Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules) .

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.

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.

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.

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 certifcate 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 area 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 Plan 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 Plan, the project can obtain additional foor area 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 Plan. However, projects on a lot with an applied Public Use District can obtain additional foor area 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 Plan establishes donor sites (if any) that are eligible to transfer unused foor area, 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 area from the donor sites. As part of the transfer of development rights program, the applicable cPiO or Specifc Plan 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 Plan shall establish additional supplemental procedures in order to facilitate the transfers and their successful implementation.

e. Records & Agreements

A cPiO or Specifc Plan 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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Div. 9.4. GENERAL INCENTIVE PROGRAMS