Chapter I — GENERAL PROVISIONS AND ZONING
Los Angeles Municipal Code Art. 2 Specific Planning – Zoning – Comprehensive Zoning Plan
Los Angeles Municipal Code · 2026-09 edition · updated 2026-10-04 · Los Angeles
Sections in this part
- SEC. 12.04. ZONES – DISTRICTS – SYMBOLS.
- SEC. 12.07. “RA” SUBURBAN ZONE.
- SEC. 12.08. “R1” ONE-FAMILY ZONE.
- SEC. 12.09. “R2” TWO-FAMILY ZONE.
- SEC. 12.11. “R4” MULTIPLE DWELLING ZONE.
- SEC. 12.12. “R5” MULTIPLE DWELLING ZONE.
- SEC. 12.13. “C1” LIMITED COMMERCIAL ZONE.
- SEC. 12.16. “C4” COMMERCIAL ZONE.
- SEC. 12.17. “C5” COMMERCIAL ZONE.
- SEC. 12.18. “MR2” RESTRICTED LIGHT INDUSTRIAL ZONE.
- SEC. 12.19. “M2” LIGHT INDUSTRIAL ZONE.
- SEC. 12.20. “M3” HEAVY INDUSTRIAL ZONE.
- SEC. 12.21. GENERAL PROVISIONS.
- SEC. 12.24. CONDITIONAL USE PERMITS AND OTHER SIMILAR QUASI-JUDICIAL APPROVALS.
- SEC. 12.27. VARIANCES.
Cite as: Los Angeles Municipal Code Article 2 · Text as of 2026-10-04
(Title Amended by Ord. No. 138,800, Eff. 6/13/69, Oper. 6/23/69.)
Section 12.00 Title. 12.01 Continuation of Existing Regulations. 12.02 Purpose. 12.03 Definitions. 12.04 Zones – Districts – Symbols. 12.04.01 Violations of Specific Plans. 12.04.05 “OS” Open Space Zone. 12.04.09 “PF” Public Facilities Zone. 12.05 “A1” Agriculture Zone. 12.06 “A2” Agricultural Zone. 12.07 “RA” Suburban Zone. 12.07.01 “RE” Residential Estate Zone. 12.07.1 “RS” Suburban Zone. 12.08 “R1” One-family Zone. 12.08.1 RU Residential Urban Zone. 12.08.3 RZ Residential Zero Side Yard Zone. 12.08.5 “RW1” Residential Waterways Zone. 12.09 “R2” Two-Family Zone. 12.09.1 “RD” Restricted Density Multiple Dwelling Zone. 12.09.3 “RMP” Mobilehome Park Zone. 12.09.5 “RW2” Residential Waterways Zone. 12.10 “R3” Multiple Dwelling Zone. 12.10.5 RAS3 Residential/Accessory Services Zone Purpose Statement. 12.11 “R4” Multiple Dwelling Zone. 12.11.5 RAS4 Residential/Accessory Services Zone Purpose Statement. 12.12 “R5” Multiple Dwelling Zone. 12.12.1 “P” Automobile Parking Zone. 12.12.1.5 “PB” Parking Building Zone. 12.12.2 “CR” Limited Commercial Zone. 12.13 “C1” Limited Commercial Zone. 12.13.5 “C1.5” Limited Commercial Zone 12.14 “C2” Commercial Zone. 12.16 “C4” Commercial Zone. 12.16.1 “CW” Central City West Specific Plan Zone. 12.16.2 ADP Alameda District Specific Plan Zone. 12.16.3 LASED Los Angeles Sports and Entertainment District Specific Plan Zone. 12.16.4 CEC Convention and Event Center Specific Plan Zone. 12.16.5 USC-1A University of Southern California University Park Campus Specific Plan Subarea 1A Zone. 12.16.6 USC-1B University of Southern California University Park Campus Specific Plan Subarea 1B Zone. 12.16.7 USC-2 University of Southern California University Park Campus Specific Plan Subarea 2 Zone. 12.16.8 USC-3 University of Southern California University Park Campus Specific Plan Subarea 3 Zone. 12.16.9 PVSP Ponte Vista at San Pedro Specific Plan Zone. 12.16.10 DNSP District NoHo Specific Plan Zone. 12.17 “C5” Commercial Zone. 12.17.1 “CM” Commercial Manufacturing Zone. 12.17.2 “CM(GM)” Commercial Manufacturing (Glencoe/Maxella) Specific Plan Zone. 12.17.5 “MR1” Restricted Industrial Zone. 12.17.5.5 “CCS” Century City South Specific Plan Studio Zone. 12.17.6 “M1” Limited Industrial Zone. 12.18 “MR2” Restricted Light Industrial Zone. 12.18.1 “WC” Warner Center Specific Plan Zone. 12.19 “M2” Light Industrial Zone. 12.19.1 LAX Los Angeles International Airport Zone. 12.20 “M3” Heavy Industrial Zone. 12.20.1 SL Ocean – Submerged Land Zone. 12.20.2 Coastal Development Permits (Prior to Certification of the Local Coastal Program.) 12.20.2.1 Coastal Development Permit Procedures After Certification of the Local Coastal Program. 12.20.3 “HP” Historic Preservation Overlay Zone. 12.21 General Provisions. 12.21.1 Height of Building or Structures. 12.21.2 Height of Buildings or Structures in Century City. 12.21.3 Height of Buildings or Structures in Community Redevelopment Plan Areas. 12.21.4 Height of Buildings or Structures in Enterprise Zones. 12.21.5 Height of Buildings or Structures in Centers Study Areas. 12.21.6 Height of Buildings or Structures in All R1V, R1F, and R1R One-Family Zone Variations. 12.22 Exceptions. 12.22.1 City of Los Angeles Safer Filming Ordinance. 12.23 Nonconforming Building and Uses. 12.24 Conditional Use Permits and Other Similar Quasi-Judicial Approvals. 12.24.1 Land Use Determination by City Planning Commission. 12.25 Time Limitations. 12.26 Department of Building and Safety. 12.27 Variances. 12.27.1 Administrative Nuisance Abatement Proceedings. 12.28 Adjustments and Slight Modifications. 12.29 Violation of Conditions – Penalty. 12.30 Boundaries of Zones. 12.31 Interpretation – Purpose – Conflict. 12.32 Land Use Legislative Actions. 12.33 Park Fees and Land Dedication. 12.34 Application of Provisions. 12.35 Zoning of Annexed or Unzoned Areas. 12.36 Projects Requiring Multiple Approvals. (Charter § 564). 12.37 Highway and Collector Street Dedication and Improvement. 12.38 Dedication of Streets by Long Term Leases. 12.40 Landscape – General Requirements. 12.41 Landscape – Water Management.
12.42 Landscape. 12.43 Source Reduction of Waste. 12.50 Airport Approach Zoning Regulations. 12.70 Adult Entertainment Zoning. 12.80 Homeless Shelters – Emergencies – City Owned and Leased Property. 12.81 Homeless Shelters – Emergencies – Charitable Organizations. 12.82 Homeless Shelters – Emergencies – El Niño 2016.
2. Church (except rescue mission or temporary revival).
3. Park, playground, or community center, owned and operated by a governmental agency.
4. Public parking area when located and developed as required in Section 12.21 A.6., with signs as permitted in Section 12.21.1 A.3.
23.75 6 -
25 - 7
27.5 7 8
30 - 9
31.25 8 -
SEC. 12.00. TITLE.¶
This article shall be known as the “Comprehensive Zoning Plan of the City of Los Angeles.”
It is well settled that a municipality may divide land into districts and prescribe regulations governing the uses permitted therein, and that zoning ordinances when reasonable in object and not arbitrary in operation constitute a justifiable exercise of police power, and as intendment is in favor of the validity of such ordinances the court will not substitute its judgment for that of the zoning action. Lockard v. The City of Los Angeles, 33 Cal. 2d 453. Clemens v. The City of Los Angeles, 36 Cal.2d 95. Wheeler v. Gregg, 90 Cal. App. 2d 348. Burke v. City of Los Angeles, 68 Cal. App.2d 189. Ex Parte Quong Wo, 161 Cal 222. Miller v. Board of Public Works, 95 Cal. 485. Zahn v. Board of Public Works, 195 Cal. 497. People v. Norton, 108 Cal. App. Supp. 767. Otis v. City of Los Angeles. 52 Cal. App. 2d 605. Hadacheck v. Alexander. 169 Cal. 616. Brown v. City of Los Angeles. 183 Cal. 783, 789. Ex Parte Hadacheck.165 Cal. 416. Marblehead Land Co. v. City of Los Angeles, 47 Fed. 2d 528. Kort v. City of Los Angeles, 52 Cal. App. 2d 804. Acker v. Baldwin, 18 Cal 2d 341. In re Ruppe, 80 Cal. App. 629. Village of Euclid v. Amber Realty Co., 272 U.S. 365, 71 L. Ed. 303. Wilkins v. City of San Bernardino, 29 Cal 2d 332.
The right to use private property may be restricted by an ordinance which follows a reasonable plan even though the use is neither a nuisance per se, nor a menace to health, safety or morals in the district from which it is excluded. A retroactive ordinance which causes substantial injury to a business which is not a nuisance would be unreasonable and unjustifiable. People v. Nixon, CR A 2201.
Comprehensive Zoning is a legitimate exercise of the police power and city ordinances prohibiting the production of oil in designated zones are valid if reasonable and not arbitrary. Beverly Oil Company v. City of Los Angeles, 40 Cal. 2nd 552.
Any zoning regulation is a valid exercise of the police power which is necessary to subserve the ends for which the police power exists, namely, the promotion of the public health, safety, morals, and general welfare. The police power as evidence in zoning ordinances has a much wider scope than the mere oppression of offensive users of property. Such regulations do not constitute a taking of property for which compensations must be made. Miller v. Board of Public Works. 195 Cal. 482.
It is not a ground of invalidity of a zoning ordinance that a business is lawful, innocent, inoffensive and dignified, for if restrictions on business could be invalidated on that ground there could be no such thing as comprehensive city planning. Kort v. City of Los Angeles, 52 Cal. App. 2nd, 804, 809.
A master plan or some over-all plan contemplated by a city in the development and building up of a subdivision need not be approved and adopted before authority vests in relation to conditions imposed by the city on a subdivider, where a Charter contemplates that portion of the plan may be adopted. Ayers v. City of Los Angeles, 34 Cal. 2d 31.
SEC. 12.01. CONTINUATION OF EXISTING REGULATIONS.¶
The provisions of this article, in so far as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.
SEC. 12.02. PURPOSE.¶
The purpose of this article is to consolidate and coordinate all existing zoning regulations and provisions into one comprehensive zoning plan in order to designate, regulate and restrict the location and use of buildings, structures and land, for agriculture, residence, commerce, trade, industry or other purposes; to regulate and limit the height, number of stories, and size of buildings and other structures hereafter erected or altered to regulate and determine the size of yards and other open spaces and to regulate and limit the density of population; and for said purposes to divide the City into zones of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air, and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities and facilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote health, safety, and the general welfare all in accordance with the comprehensive plan.
The zoning regulations are not contracts by the City and may therefore be modified by the latter. Property is always held subject to the valid exercise of the police power. The theory of vested rights relates only to such rights as an owner of property may possess not to have their property rezoned after the owner of the property has started construction thereon or was making a use thereof permitted by law, when such obstruction or use does not constitute a nuisance and the adoption of the zoning ordinance does not give a property owner any vested rights. Wheeler v. Gregg, 90 Cal. App. 2d 348 at 365.
No person has a vested right in the exercise of the police power. An exercise of the same may not be limited by a prior contract or restricted covenants. Wheeler v. Gregg, 90 Ca. App. 2d 348, 367. Acker v. Baldwin, 18 Cal. 2d 341.
When a building is partly in one zone and partly in another, a person who conducts a prohibited business in the portion of such building where such business is prohibited, held, guilty of violation of the zoning ordinance, even though conduct of such business in other part of building would have been lawful. People v. Nixon CR A 2201.
The use of a lot restricted to non-business uses as place where automobiles stood on concrete slab while being serviced from pump located on lot zoned for business, held to be a use of restricted lot for business purposes in violation of zoning ordinance. People v. Myers, CR A550.
An ordinance which forbids the erection and maintenance of a dwelling house except where such dwelling has adequate and permanent access to a permanent or public street is valid. Mitchell v. Morris, 94 Cal. App. 2d 446.
It is not an unlawful exercise of police power to amend a zoning ordinance and extend the limits of an area in which conduct of a certain business is prohibited when no construction or building has been started. Dobbins v. City of Los Angeles. 139 Cal. 179. Marblehead Land Co. v. City of Los Angeles, 47 F.2d 528.
A zoning ordinance is not void or discriminatory because there is a territory outside the district in which a business subject to the police power is permitted, exactly similar to that inside the district where it is prohibited. Brown v. City of Los Angeles, 183 Cal. 783.
Where three separately numbered lots are enclosed with a fence and occupied and used as a single parcel, house being on one lot and horses were kept on other lot, held, the entire premises were used for a single family residence with customary outbuildings within meaning of county ordinance. People v. Smith, CK A 1696.
Where zone boundary line runs through a building, held, fact that defendant was uncertain as to where such line ran is not a defense to charge of conducting business in a forbidden zone. People v. Nixon, CR A 2201.
Zoning ordinances, when reasonable in object and not arbitrary in operation, constitute a justifiable exercise of the police power, and such power extends to the regulation of uses of property which do not actually amount to nuisances. Jones v. City Of Los Angeles, 211 Cal. 304
Where a vendor of property conceals the fact that a violation of zoning regulations exists thereon, the purchaser is not bound by constructive notice of the applicable zoning ordinance, and said vendor’s failure to disclose such violation constitutes actual fraud. Barder v. McClung, 93 Cal. App. 2d 692.
Zoning Ordinances which have been held invalid fall roughly into four categories: 1. Where the zoning ordinance attempts to exclude and prohibit existing and established uses or businesses that are not nuisances. 2. Where restrictions create a monopoly. 3. Where the use of adjacent property renders the land entirely unsuited to or unusable for the only purpose permitted by the ordinance. 4. Where a small parcel is restricted and given less rights than surrounding property, as where a lot in the center of a business district is limited to use for residential purposes, thereby creating an “island” in the middle of a larger area devoted to other uses. Wilkins v. City of San Bernardino, 29 Cal. 2d 332,340.
The terms “buildable area” and “building site”, Article 1, Section 3(11) of the City Charter of Los Angeles are defined to include a “Designated Building Site” as that term is defined in and provided for by Section 2 of uncodified Ordinance 159,802, Eff. 6/9/85.
SEC. 12.03. DEFINITIONS.¶
For the purpose of Article 2 to 6 inclusive of this chapter, certain terms and words are herewith defined as follows:
ABANDONED AUTOMOBILE. Any motor vehicle, which when operated upon a highway is required to be registered by the California Vehicle Code, whose registration has been expired for a period of six months or more. Notwithstanding the foregoing definition, a motor vehicle stored within a permitted building or structure shall not be considered to be an abandoned automobile. (Added by Ord. No. 131,925, Eff. 4/11/66.)
ACCESSORY BUILDING. A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located in the same or a less restrictive zone and on the same lot with the main building or use. The relationship between the more restrictive and the less restrictive zones shall be determined by the sequence of zones set forth in Sec. 12.23 B.1.(c). (Amended by Ord. No. 106,571, Eff. 1/1/56.)
ACCESSORY DWELLING UNIT (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single- family or multi-family dwelling is or will be situated. ADUs include efficiency units as defined in Section 17958.1 of the Health and Safety Code, manufactured homes as defined in Section 18007 of the Health and Safety Code, and Movable Tiny Houses. (Added by Ord. No. 186,481, Eff. 12/19/19.)
ACCESSORY LIVING QUARTERS. An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. (Added by Ord. No. 107,884, Eff. 9/23/56.)
ACCESSORY USE. (Amended by Ord. No. 182,095, Eff. 5/7/12.) A use, which is customarily incidental to that of the main building or the main use of the land and which is located in the same zone or a less restrictive zone and on the same lot with a main building or main use. The relationship between the more restrictive zones and the less restrictive zones shall be determined by the sequence of zones set forth in Section 12.23 B. of this Code.
The garaging, maintaining or storage of any commercial vehicle on private property which exceeds a registered net weight of 5,600 pounds shall not be considered an accessory use in the “R” Zones. The rental, storage, or storage for rental purposes of a commercial vehicle which exceeds a registered net weight of 5,600 pounds shall not be considered an accessory use in any zone more restrictive than the MR-1 Zone, except as approved by conditional use.
An accessory use shall also include the keeping of domestic animals, subject to other provisions of this article; and the keeping of wild animals, under an appropriate permit issued by the Department of Animal Services as provided for in Section 53.38 of the Code, but in no event including the following wild animals: bear, civet, coyote, eagle, eland, elephant, elk, giraffe, gnu, gorilla, hyena, hippopotamus, jaguar, leopard, lion, lynx, moose, orangutan, venomous reptile, puma, rhinoceros, sea lion, tiger, vulture, walrus, wart hog, wolf or yak.
The sale of not more than one dog or cat litter from a domestic household in a 12-month period shall be considered accessory to a residential use.
The noncommercial keeping of birds (not including fowl) without regard to their number shall be an accessory use in the RA, RE, RS, R1, RU and RZ Zones. However, if the Department of Animal Services determines that the keeping of birds or the keeping of a particular number of birds at a particular location constitutes a nuisance or a health or safety hazard, then the keeping of birds under those circumstance shall not be an accessory use.
For the purposes of this section, the occasional sale of birds which is incidental to the keeping of birds as a hobby, does not constitute a commercial use.
Garage and/or yard sales shall be considered accessory to a residential use, if the sale is only incidental to the individual’s residential occupancy of the premises; and
The sales are confined to the sale of used items which were originally received or purchased for use in the household; and
The sales are restricted to a maximum of five sales events per calendar year as a means of disposing of used items originally received or purchased for use in the household; and
The sales are limited to not more than two consecutive days per event; and
The sales are limited to not more than ten days per calendar year total; and
The sales are limited to the hours between 9 a.m. and 5 p.m.
For purposes of this section, the term accessory use shall not apply to any garage and/or yard sales where new goods or merchandise, or items that were not intended to be used in the household are offered or displayed for sale or exchange. (“Department of Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)
ACUTELY LOW INCOME. The income level defined in Section 50063.5 of the California Health and Safety Code. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
ADAPTIVE REUSE PROJECT. Any change of use in all or any portion of an eligible building or parking building pursuant to the provisions in Section 12.22 A.26. or Section 12.24 X.1. of this Code. (Added by Ord. No. 188,793, Eff. 2/1/26.)
ADDITION, GROUND FLOOR. An expansion of the exterior perimeter of a building measured at five feet or more above adjacent grade at any point. (Added by Ord. No. 169,775, Eff. 6/2/94.)
ADJACENT GROUND ELEVATION. Same as grade. (Amended by Ord. No. 131,309, Eff. 4/24/66.)
ADMINISTRATOR – See “Zoning Administrator”.
AGRICULTURAL WASTE. All plant materials generated from the growing and harvesting of agricultural crops, vegetables and fruits. (Added by Ord. No. 170,054, 11/13/94.)
AIRPORT OR AIRCRAFT LANDING FIELD. Any runway landing area or other facility designed, used, or intended to be used either publicly or privately by any person for the landing and taking off of aircraft including all necessary taxiways, aircraft storage and tiedown areas, hangars and other necessary buildings and open spaces.
ALZHEIMER’S/DEMENTIA CARE HOUSING. Residential housing that is licensed by the California Department of Social Services and provides 24-hour care for people suffering from Alzheimer’s disease or other disorders resulting in dementia. The residential units shall be guest rooms only. The housing may be a component of an Eldercare Facility. (Added by Ord. No. 178,063, Eff. 12/30/06.)
ANIMAL KEEPING ENCLOSURE. Any structure or fence which establishes the perimeter of an animal keeping and maintenance area. (Added by Ord. No. 157,144, Eff. 11/22/82.)
ANIMAL KEEPING STRUCTURE. Any structure, as defined by this Code, which has a roof and may have one or more sides and is used in whole or in part for the housing or shelter of animals. (Amended by Ord. No. 161,352, Eff. 7/20/86.)
APARTMENT. Same as dwelling unit. (Added by Ord. No. 107,884, Eff. 9/23/56.)
APARTMENT HOTEL. A residential building designed or used for both two or more dwelling units and six or more guest rooms or suites of rooms. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
APARTMENT HOUSE. A residential building designed or used for three or more dwelling units or a combination of three or more dwelling units and not more than five guest rooms or suites of rooms. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
APIARY. (Added by Ord. No. 183,920, Eff. 12/6/15.) The place where bees are kept and maintained, usually in a collection of hives or colonies.
AREA MEDIAN INCOME (AMI). The median income in Los Angeles County as determined annually by the California Department of Housing and Community Development (HCD) or any successor agency, adjusted for household size. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
AREA PLANNING COMMISSIONS. See Sec. 13A.1.4. (Area Planning Commission) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
ASSISTED LIVING CARE HOUSING. Residential housing that is licensed by the California Department of Social Services and provides assistance to people 62 years of age or older who require assistance with two or more non-medical activities of daily living as defined in the Department of Social Services licensing requirements. The residential units may consist either of dwelling units or guest rooms. Full time medical services shall not be provided on the premises. The housing may be a component of an Eldercare Facility. (Added by Ord. No. 178,063, Eff. 12/30/06.)
ATTENDED BICYCLE PARKING SERVICE. A service by which a bicycle is left in the care of an attendant(s) with provision for identifying the bicycle’s owner. Once stored, a bicycle left in the care of an attendant(s) shall be accessible only to the attendant(s), with the storage location not necessarily in the same location as the pick-up and drop-off point. (Added by Ord. No. 185,480, Eff. 5/9/18.)
AUTOMOBILE DISMANTLING YARD. Any property or place where the business of an automobile dismantler, as defined by California Vehicle Code Section 220, is conducted. (Added by Ord. No. 152,770, Eff. 9/15/79.)
AUTOMOBILE FOR HIRE. An automobile for hire is a motor vehicle, other than a commercial vehicle with registered net weight in excess of 5,600 pounds, which is let or rented or offered for rental, lease or hire to another for consideration. (Added by Ord. No. 148,857, Eff. 10/31/76.)
AUTOMOBILE AND TRAILER SALES AREA. An open area other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOTIVE FUELING AND SERVICE STATION. A business which dispenses automotive fuel to the public and may provide the following incidental services: tube and tire repairing, battery servicing,
automotive lubrication, mechanical adjustments, changing of spark plugs and other similar maintenance activities. (Added by Ord. No. 169,130, Eff. 12/16/93.)
AUTOMOTIVE REPAIR. A use involving the diagnosing of malfunctions, repairing or maintaining of motor vehicles. Included in this definition are body shops, paint shops, tire stores, muffler shops, auto electric shops, van conversions, lubrication centers, auto-sound shops, auto-alarm shops, auto upholstery shops, wheel alignment shops and other similar automotive related repair or installation businesses; automotive repair does not include automotive fueling and service stations as defined in this section and installers of automotive telecommunication devices and computers. (Added by Ord. No. 169,130, Eff. 12/16/93.)
AUTOMOTIVE USE. The primary sale of used automobiles. In addition, this phrase shall include automotive repair and automobile and trailer sales area, as defined in this section. (Added by Ord. No. 178,382, Eff. 3/24/07.)
BACHELOR APARTMENT. Same as Efficiency Dwelling Unit. (Amended by Ord. No. 138,456, Eff. 5/30/69.)
BASE FLOOR. That story of a main building, at or above grade, which is not considered a basement, and which has the greatest number of square feet confined within the exterior walls, including the area of the attached covered parking at the same story. (Amended by Ord. No. 184,802, Eff. 3/17/17.)
BASEMENT. Any level below the First Story of a Building. The ceiling of a Basement shall not be more than four vertical feet higher than the finished floor level of the First Story. (Amended by Ord. No. 184,802, Eff. 3/17/17.)
BED AND BREAKFAST FACILITY. A building or portion thereof which is used as a temporary lodging place for fewer than thirty consecutive days and which does not contain more than five guest rooms and one kitchen. (Added by Ord. No. 172,792, Eff. 10/4/99.)
BEE. Any stage of life of the common domestic honey bee (Apis Mellifera). (Added by Ord. No. 183,920, Eff. 12/6/15.)
BEEKEEPING, BACKYARD. The keeping or maintenance of an apiary in a hive as an accessory use. (Added by Ord. No. 183,920, Eff. 12/6/15.)
BICYCLE CAGE. A locked bicycle parking area that has been fenced off to prohibit access by the general public. Bicycle cages shall contain bicycle racks that provide a means of securing the bicycle frame at two points to a securely anchored rack. (Added by Ord. No. 182,386, Eff. 3/13/13.)
BICYCLE CORRAL. Any on-street public parking space in which multiple short-term bicycle parking racks have been installed. (Added by Ord. No. 182,386, Eff. 3/13/13.)
BICYCLE ROOM. A locked bicycle parking area that has been walled off to prohibit access by the general public. Bicycle rooms shall contain bicycle racks that provide a means of securing the bicycle frame at two points to a securely anchored rack. (Added by Ord. No. 182,386, Eff. 3/13/13.)
BICYCLE SHARE DOCK. A device designed to receive a bicycle for locked storage as part of a system that directly rents bicycles on a short-term basis. (Added by Ord. No. 185,480, Eff. 5/9/18.)
BICYCLE SHARE SERVICE PROVIDER. An entity operating a system that directly provides bicycles for rent on a short-term basis. (Added by Ord. No. 185,480, Eff. 5/9/18.)
BICYCLE SHARE STATION. A combination of multiple bicycle share docks, automated payment equipment, and related equipment associated with bicycle share. (Added by Ord. No. 185,480, Eff. 5/9/18.)
BLOODMOBILE. A vehicle, or portable structure transported by a vehicle, easily transportable in one or more sections, which is used to provide blood collection services on a temporary basis in any one lo- cation. (Added by Ord. No. 166,045, Eff. 8/17/90.)
BOARD. (Repealed by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
BOARDING OR ROOMING HOUSE. A dwelling containing a single dwelling unit and not more than five guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
BUILDABLE AREA. (Amended by Ord. No. 171,662, Eff. 8/17/97.) All that portion of a lot located within the proper zone for the proposed main building, excluding those portions of the lot which must be reserved for yard spaces, building line setback space, or which may only be used for accessory buildings or uses. For the purpose of computing the height district limitations on total floor area in buildings of any height, the buildable area that would apply to a one-story building on the lot shall be used.
Notwithstanding the above, in computing the height district limitations on total floor area for any development of residential dwelling units, or of both residential dwelling units and commercial uses, in the C2, C4, or C5 zones, buildable area shall have the same meaning as lot area. The additional square footage permitted by this calculation for residential use shall not result in an increase in the number of dwelling units beyond that which would have otherwise been permitted but may only be used to increase the floor area or number of habitable rooms within individual dwelling units.
This alternate definition of buildable area shall not apply within the following specific plan areas: Central City West, Century City North, Century City South, Coastal Bluffs, Devonshire/Topanga Corridor, Foothill Boulevard Corridor, Granada Hills, Oxford Triangle, Pacific Palisades Commercial Village/Neighborhoods, Playa Vista Area D, Porter Ranch Land Use/Transportation, San Pedro, Valley Village, and Westwood Village. This alternative definition shall also not apply to any lot for which a “Q” or “D” limitation setting forth a floor area limitation had been imposed before July 1, 1997. In the event of a conflict with any other adopted specific plan, the most restrictive provision shall prevail.
BUILDING. Any structure having a roof supported by columns or walls, for the housing, shelter or enclosure of persons, animals, chattels or property of any kind. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
BUNGALOW COURT. A group of three or more single, duplex, or triplex dwelling structures oriented around a shared outdoor space on a single parcel. (Added by Ord. No. 185,462, Eff. 4/18/18.)
CARGO CONTAINER. Any container (refrigerated or non-refrigerated) that permits the temporary storage and protection of cargo, and which may be transported by ship, rail or truck without intermediate loading and unloading of the contents of the container. (Added by Ord. No. 177,244, Eff. 2/18/06.)
CARGO CONTAINER STORAGE YARD. An open-air site or facility, the primary use of which is the keeping of empty cargo containers, and equipment, and may have as accessory uses the storage of container chassis and truck cabs, repair facilities, warehouses and offices associated with the movement or storage of cargo containers. This definition does not include draying, freighting or trucking yards or terminals. (Added by Ord. No. 177,244, Eff. 2/18/06.)
CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CHILD CARE FACILITY. A facility in which non-residential care is provided for children, 16 years of age or under, when licensed as a day care facility for children by the State of California or other agency designated by the State, under the categories defined in Section 30019 of Title 22 of the State of California Administrative Code. (Added by Ord. No. 145,474, Eff. 3/2/74.)
CHIPPING/GRINDING FACILITY. Any facility which temporarily stores and/or processes source-separated green waste and/or wood waste by means of chipping, grinding, mixing and/or screening to produce a material of varying particle size. The material produced by the above described processes may be used as ground cover, biofuel, wood chips, animal bedding, worm food or other similar uses. This definition shall not include any chipping and/or grinding of green waste and/or wood waste conducted for noncommercial, nonprofit purpose. (Added by Ord. No. 170,054, 11/13/94.)
CITY PLANNING COMMISSION. See Sec. 13A.1.3. (City Planning Commission) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
COASTAL ZONE. The Coastal Zone, as defined in California Public Resources Code, Division 20 (commencing with Section 30000). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
COLLECTION BIN. Any box, canister, receptacle, or other container that can be opened and closed, and is used for collecting salvageable personal property, including, but not limited to, clothing, shoes, books, and household items for periodic off-site processing and/or redistribution. For purposes of this definition, salvageable personal property shall not include recyclable materials not intended for re-use, including, but not limited to, newspapers, plastic, glass, aluminum, electronics, toxic or hazardous materials, and solid waste; nor any personal property that, because of its size, does not fit inside the Collection Bin. (Added by Ord. No. 187,248, 12/13/21.)
COMMERCIAL COACH. A vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes. (Added by Ord. No. 161,716, Eff. 12/6/86.)
COMMERCIAL CORNER DEVELOPMENT. (Amended by Ord. No. 175,223, Eff. 6/30/03.)
(1) Any commercially used corner lot located in a C or M zone in Height District Nos. 1, 1-L, 1-VL or 1-XL, the lot line of which adjoins, is separated only by an alley adjacent to, or is located across the street from, any portion of a lot zoned A or R, or improved with any residential use (except in an M zone), or
(2) Any multi-family residentially used corner lot located in a C zone in Height District Nos. 1, 1-L, 1-VL or 1-XL, the lot line of which adjoins, is separated only by an alley adjacent to, or is located across the street from, any portion of a lot zoned RW1 or more restrictive zone.
For purposes of this definition, a Commercial Corner Development can be located on more than one lot only if the lots are adjacent, not divided by a public street, have a common parking area, and one or more buildings are erected or are proposed to be erected upon the lots.
COMMISSION. (Repealed by Ord. No. 173,374, Eff. 8/3/00.)
COMMUNITY APARTMENT PROJECT. The same as defined by Section 11004 of the California Business and Professions Code. (Added by Ord. No. 151,432, Eff. 10/12/78.)
COMPACTION. The densification of a Fill by mechanical means. (Added by Ord. No. 181,624, Eff. 5/9/11.)
COMPOSTING FACILITY. Any facility which processes source-separated organic materials to a stabilized state through controlled biological decomposition where the resultant material is beneficial to plant growth or soil structure when used as a soil amendment. Materials may initially be chipped, shredded, and/or screened on site prior to being composted. Composting may be conducted in an in-vessel system or in the open, such as windrow composting or aerated static pile composting. This definition shall not include any composting of green waste and/or wood waste conducted for non commercial, nonprofit purpose. (Added by Ord. No. 170,054, 11/13/94.)
CONDOMINIUM. The same as defined by Section 783 of the California Civil Code. (Added by Ord. No. 151.432. Eff. 10/12/78.)
CONVERSION PROJECT, COMMERCIAL/ INDUSTRIAL. An existing building used exclusively for commercial or industrial purposes, or both, proposed for conversion to a condominium or stock cooperative to be used exclusively for such purposes through approval of a tract or parcel map. For purposes of this definition, the term “existing” means that the building was constructed prior to 1945, or if it was built after 1945, a certificate of occupancy was issued for the building prior to the time of map application. (Added by Ord. No. 154,960, Eff. 4/3/81.)
CONVERSION PROJECT, COMMERCIAL/ INDUSTRIAL TO RESIDENTIAL. An existing building used exclusively for commercial or industrial purposes, or both, proposed for conversion to a condominium, stock cooperative or community apartment to be used exclusively for residential purposes through approval of a tract or parcel map. For purposes of this definition, the term “existing” means that the building was constructed prior to 1945 or, if it was built after 1945, a certificate of occupancy was issued for the building prior to the time of map application. (Added by Ord. No. 154,960, Eff. 4/3/81.)
CONVERSION PROJECT, RESIDENTIAL. An existing apartment house, apartment hotel, hotel, multiple dwelling or group dwelling used exclusively for residential purposes proposed for conversion to a condominium, stock cooperative, or community apartment project to be used exclusively for residential purposes through approval of a tract or parcel map. For purposes of this definition, the term “existing” means that the building was constructed prior to 1945 or, if it was built after 1945, a certificate of occupancy has been issued for the building prior to the time of map application. (Amended by Ord. No. 154,960, Eff. 4/3/81.)
CONVERSION PROJECT, RESIDENTIAL TO COMMERCIAL/INDUSTRIAL. An existing apartment house, apartment hotel, hotel, multiple dwelling or group dwelling used exclusively for residential purposes proposed for conversion to a condominium or stock cooperative which is to be used exclusively for commercial or industrial purposes through approval of a tract or parcel map. For purposes of this definition, the term “existing” means that the building was constructed prior to 1945 or, if it was built after 1945, a certificate of occupancy was issued for the building prior to the time of map application. (Added by Ord. No. 154,960, Eff. 4/3/81.)
CORPORATE HEADQUARTERS OR REGIONAL HOME OFFICE. The main administrative center or centers of one or more enterprises whose day-to-day functions is the retrieval and/or dissemination of information to a subsidiary and/or client business in and outside the City’s jurisdiction, through the means of electronic or data processing. (Added by Ord. No. 169,366, Eff. 4/1/94.)
COUNSELING AND REFERRAL FACILITY. (Added by Ord. No. 149,517. Eff. 5/26/77.) A neighborhood facility which provides counseling services and subsequently refers applicants to appropriate licensed social service agencies offering professional remedial assistance. Counseling and referral services may be offered in one or more of the following areas: welfare, housing, employment, health, education, legal matters, job development, consumer action, recreation, family problems, juvenile problems, probation, and neighborhood improvement. Tutoring and legal aid shall be permitted as an accessory use only.
The facility may also administer the implementation of government funded programs established to provide low-income housing, job development classes and recreation.
The facility shall:
(a) permit no more than 5 employees, and;
(b) where located in a residentially developed area, maintain the residential character of the exterior of the building.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this article.
CURING FACILITY. Any composting facility, as defined by this Code, where additional and/or final biological stabilization is attained after most of the readily metabolized material has been decomposed, and where no chipping, grinding, or screening of material takes place. This definition shall not include any curing of green waste and/or wood waste conducted for noncommercial, nonprofit purpose. (Added by Ord. No. 170,054, 11/13/94.)
CUT. A portion of land surface or areas from which earth has been removed or will be removed by excavation. (Added by Ord. No. 181,624, Eff. 5/9/11.)
DANCE HALL. Any place where public dances are held or conducted, other than when incidental to the operation of a hotel, apartment hotel, banquet room, catering hall, church, school or lodge. (Amended by Ord. No. 169,990, Eff. 9/17/94.)
DANCE HALL, HOSTESS. Any dance hall or place conducting public dances where partners are provided for dancing or social contacts by those conducting, managing, maintaining or operating such public dances for patrons or guests and for which such patrons or guests pay a fee or other consideration. (Added by Ord. No. 155,718, Eff. 8/6/81.)
DANCE, PUBLIC. A gathering of persons in or upon any premises where dancing is participated in and to which premises the public is admitted. (Added by Ord. No. 155,718, Eff. 8/6/81.)
DAY CARE FACILITY. Same as Child Care Facility. (Added by Ord. No. 145,474, Eff. 3/2/74.)
DAY-CARE HOME. (Deleted by Ord. No. 173,085, Eff. 3/19/00.)
DAY-CARE HOME, LARGE FAMILY. (Deleted by Ord. No. 173,085, Eff. 3/19/00.)
DAY-CARE HOME, SMALL FAMILY. (Deleted by Ord. No. 173,085, Eff. 3/19/00.)
DENSITY BONUS. A density increase over the otherwise Maximum Allowable Residential Density, as of the date of application by the applicant to the City. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
DESIGNATED HISTORIC RESOURCE. A building, structure, object, landscaping element, or natural feature listed or designated as a historical resource, either individually, or as a contributor to a district, at the local, state, or national level. Including but not limited to a listing in the National Register of Historic Places or California Register of Historical Resources, or designation as a Historic-Cultural Monument or Historic Preservation Overlay Zone. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
DESTROYED. Damaged so as to not be habitable as determined by the Department of Building and Safety. (Added by Ord. No. 153,144, Eff. 12/28/79.)
DEVELOPMENT PROJECT. Includes any project involving the issuance of a City Planning approval or a building permit from the Los Angeles Department of Building and Safety to allow the alteration of the size of, construction, or demolition of any structure, or a change in the density or intensity of use of land, and is subject to the requirements for development projects under Section 66300.6 of the California Government Code. (Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
DEVELOPMENT STANDARD. A site or construction condition applicable to a development pursuant to any ordinance, land use plan, law, policy, resolution, regulation or other local condition that is adopted or imposed by the City through its various powers, as defined in California Government Code Section 65915(o)(2). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
DINING AREA. A recess from a room or an alcove, adjoining and interconnected with the kitchen by a door or opening. (Added by Ord. No. 146,421, Eff. 9/14/74.)
DIRECTOR OF PLANNING (DIRECTOR). See Sec. 13A.1.6. (Director of Planning) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
DISASTER. Fire, flood, wind, earthquake, or other calamity, act of God or the public enemy. (Added by Ord. No. 153,144, Eff. 12/28/79.)
DORMITORY. A guest room designed, intended or occupied as sleeping quarters by more than two persons. Every 100 square feet of superficial floor area in a dormitory shall be considered as a separate guest room. (Added by Ord. No. 107,884, Eff. 9/23/56.)
DOWNTOWN DESIGN GUIDE PROJECT AREA. (Deleted by Ord. No. 188,420, Eff. 1/20/25, Oper. 1/27/25.)
DRIVE-THROUGH FAST-FOOD ESTABLISHMENT. Any establishment which dispenses food for consumption on or off the premises to an individual in a vehicle. (Added by Ord. No. 166,904, Eff. 5/18/91.)
DWELLING. Any residential building, other than an Apartment House, Hotel or Apartment Hotel. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
DWELLING, GROUP. Two or more one- family, two-family or multiple dwelling, apartment houses or boarding or rooming houses, located on the same lot. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
DWELLING, MULTIPLE. A dwelling containing two dwelling units and not more than five guest rooms. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
DWELLING, ONE-FAMILY. A detached dwelling containing only one dwelling unit. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
DWELLING UNIT. A group of two or more rooms, one of which is a kitchen, designed for occupancy by one family for living and sleeping purposes. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
DWELLING UNIT, LOW INCOME. (Deleted by Ord. No. 180,308, Eff. 12/7/08.)
DWELLING UNIT, MODERATE INCOME. (Deleted by Ord. No. 180,308, Eff. 12/7/08.)
EDUCATIONAL INSTITUTIONS. Colleges or universities supported wholly or in part by public funds and other colleges or universities giving general academic instruction as prescribed by the State Board of Education.
EFFICIENCY DWELLING UNIT. A room located within an apartment house or apartment hotel used or intended to be used for residential purposes which has a kitchen and living and sleeping quarters combined therein, and which complies with the requirements of Section 91.4930.2 of this Code. (Added by Ord. No. 138,456. Eff. 5/30/69.)
ELDERCARE FACILITY. One functionally operated facility, which provides residential housing for persons 62 years of age and older, and which combines in one facility, two or more of the following housing types: Senior Independent Housing, Assisted Living Care Housing, Skilled Nursing Care Housing, and/or Alzheimer’s/Dementia Care Housing. A minimum of 75 percent of the floor area, exclusive of common areas, shall consist of Senior Independent Housing and/or Assisted Living Care Housing. (Added by Ord. No. 178,063, Eff. 12/30/06.)
ELEVATION. Vertical distance in feet above sea level. (Added by Ord. No. 181,624, Eff. 5/9/11.)
ENCROACHMENT PLANE. An invisible inclined plane sloping inward at a forty-five degree angle from the vertical extension of the required front and side yard setbacks that originates at a specified height. A building may not intersect the encroachment plane. The encroachment plane restriction does not apply to roof structures and equipment as allowed by Section 12.21.1 B.3. For the purpose of this definition, height shall be measured from the existing or finished grade, whichever is lower, along the required front and side yard setbacks. (Added by Ord. No. 184,802, Eff. 3/17/17.)
Figure 12.03-1: Encroachment Plane diagram.
Different zones have different encroachment plane origin heights. (Added by Ord. No. 184,802, Eff. 3/17/17.)
EQUINE. Any horse, pony, donkey, burro, or mule which is 12 months of age or older and is issued a current Equine License by the City Department of Animal Services. An animal which is under 12 months of age and is the offspring of or is unweaned and being nursed by a female equine lawfully kept on the property where said animal is kept shall not be considered an equine and shall be allowed by right on said property. (“Department of Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)
EQUINE ENCLOSURE. Any structure or fence which establishes the perimeter of an equine keeping and maintenance area. (Added by Ord. No. 157,144. Eff. 11/22/82.)
EXTREMELY LOW INCOME. The income level defined in Section 50106 of the California Health and Safety Code. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
FACTORY-BUILT HOME. A residential building, dwelling unit, or individual dwelling room or combination of rooms, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly of, or damage or destruction to the part. This home shall comply with all applicable provisions of the California State Factory-Built Housing law. The term “factory-built home” shall not include a mobilehome, mobile accessory building or structure, recreational vehicle, or commercial coach. (Added by Ord. No. 161,716, Eff. 12/6/86.)
FAMILY. One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. (Amended by Ord. No. 177,325, Eff. 3/18/06.)
FAMILY DAY CARE HOME. A dwelling unit that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (Added by Ord. No. 173,085, Eff. 3/19/00.)
FAMILY DAY CARE HOME, LARGE. A family day care home for 9 to 14 children, including children under the age of 10 years who reside at the home, as set forth in Health and Safety Code Section 1597.465. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
FAMILY DAY CARE HOME, SMALL. A family day care home for 8 or fewer children, including children under the age of 10 years who reside at the home, as set forth in Health and Safety Code Section 1597.44. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
FARMING. The cultivation of berries, flowers, fruits, grains, herbs, mushrooms, nuts, ornamental plants, seedlings or vegetables for use on-site or sale or distribution on-site or off-site. (Added by Ord. No. 181,188, Eff. 7/18/10.)
FILL. The depositing of soil, rock or other earth materials by artificial means. (Added by Ord. No. 181,624, Eff. 5/9/11.)
FLOOR AREA. The area in square feet confined within the exterior walls of a Building, but not including the area of the following: exterior walls, stairways, shafts, rooms housing Building-operating equipment or machinery, parking areas with associated driveways and ramps, space dedicated to bicycle parking, space for the landing and storage of helicopters, Outdoor Dining Areas, and Basement storage areas. Buildings on properties zoned RA, RE, RS, and R1, except properties in the Coastal Zone which are not designated as Hillside Area, are subject to the definition of Residential Floor Area. (Amended by Ord. No. 188,073, Eff. 1/31/24.)
FLOOR AREA, RESIDENTIAL. (Amended by Ord. No. 184,802, Eff. 3/17/17.) The area in square feet confined within the exterior walls of a residential or non-residential Building on a Lot in an RA, RE, RS, or R1 Zone. Any floor or portion of a floor with a ceiling height greater than 14 feet shall count as twice the square footage of that area. The area of stairways and elevator shafts shall only be counted once regardless of ceiling height. Area of an attic or portion of an attic with a ceiling height of more than 7 feet shall be included in the Residential Floor Area calculation.
Except that the following areas shall not be counted:
Required Covered Parking.
(a) The total area of 200 square feet per parking space that is required to be covered, up to a maximum of 400 square feet, shall be exempted from being counted as Residential Floor Area if all of
said parking, whether detached or attached, is located in accordance with the following criteria:
(1) Said parking is located within the rear half of the Lot, or at least 55 feet from a Front Lot Line.
(2) On a Through Lot with no Rear Lot Line, said parking is set back from both Front Lot Lines a distance of at least 40 feet.
(b) If the parking that is required to be covered is not located in accordance with Paragraph (a) above, then only 200 square feet shall be exempted from being counted as Residential Floor Area.
(c) In any event, the required parking area exempted from counting as Residential Floor Area by this exception shall be limited to 400 square feet per Lot.
Detached Accessory Buildings. Detached Accessory Buildings not exceeding 200 square feet; however, the total combined area exempted of all the Detached Accessory Buildings on a Lot shall not
exceed 400 square feet.
Lattice Roof Porches, Patios, and Breezeways. Porches, patios, and breezeways that have a Lattice Roof, as defined in this section.
- Basements. For Lots not located in the Hillside Area or Coastal Zone, any Basement when the Elevation of the upper surface of the floor or roof above the Basement does not exceed 2 feet in height at
any point above the finished or natural Grade, whichever is lower.
For Lots located in the Hillside Area, any Basement when the Elevation of the upper surface of the floor or roof above the Basement does not exceed 3 feet in height at any point above the finished or natural Grade, whichever is lower, for at least 60 percent of the perimeter length of the exterior Basement walls.
For all Lots, the following shall not disqualify said Basement from this exemption:
(a) A maximum of one (1), 20-foot wide depressed driveway with direct access to the required covered parking spaces; and
(b) A maximum of two (2) light- wells which are not visible from a public right-of-way and do not project more than three feet from the exterior walls of the Basement and no wider than 6 feet.
FLOOR AREA RATIO (FAR). A ratio establishing relationship between a property and the amount of development permitted for that property, and is expressed as a percentage or a ratio of the Buildable Area or Lot size (example: “3 times the Buildable Area” or “3:1”). (Added by Ord. No. 181,624, Eff. 5/9/11.)
FLOOR AREA RATIO, RESIDENTIAL (RFAR). A ratio establishing the relationship between a property and the amount of development permitted for that property, expressed as a percentage or a ratio of the Lot size (example: “0.45 of the Lot size”). (Added by Ord. No. 184,802, Eff. 3/17/17.)
FOSTER CARE HOME. A dwelling unit in which full-time care is provided for unrelated children, 16 years of age or under, as part of the family, when such use is licensed by the State of California or other agency designated by the State as a full-time foster home. Foster care children may be in addition to those permitted under the definition of “Family” contained in this section. (Added by Ord. No. 145,474, Eff. 3/2/74)
FRONTAGE. All property fronting on one (1) side of a street between intersecting or intercepting streets, or between a street and right-of-way, waterway, end of dead-end street, or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
GARAGE, PRIVATE. An accessory building or portion of a main building designed or used for parking or storage of motor vehicles of the occupants of a residential use. (Amended by Ord. No. 144,082, Eff. 12/11/72.)
GARAGE, PUBLIC. A building or portion of a building designed or used for the repairing, equipping or servicing of motor vehicles, or for the parking or storage of motor vehicles for remuneration, hire, sale, or convenience of the occupants of the premises or the general public, but not including a private garage. (Amended by Ord. No. 144,082, Eff. 12/11/72.)
GENERAL PLAN. A General Plan is a comprehensive declaration of purposes, policies and programs for the development of the city, which includes, where applicable, diagrams, maps and text setting forth objections, principles, standards and other features, and which has been adopted by the City Council. (Added by Ord. No. 138,800, Eff. 6/13/69, Oper. 6/23/69.)
GRADE (ADJACENT GROUND LEVEL). Is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. This definition does not apply to any building or structure located within the boundaries of the Century City North or Century City South Specific Plans and which is subject to Section 12.21.2 of this Code. (Amended by Ord. No. 160,657, Eff. 2/17/86, Oper. 6/17/86.)
GRADE, HILLSIDE AREA. For the purpose of measuring height on an R1, RS, RE, or RA zoned Lot in the Hillside Area, pursuant to Section 12.21 C.10. of this Code, Hillside Area Grade shall be defined as the Elevation, at the perimeter of a Building or Structure, of the finished or natural surface of the ground, whichever is lower, or the finished surface of the ground established in conformance with a grading plan approved pursuant to a recorded tract or parcel map action. Retaining walls shall not raise the effective Elevation of Grade for purposes of measuring Height of a Building or Structure (Amended by Ord. No. 184,802, Eff. 3/17/17.)
GRADING. Any Cut or Fill, or combination thereof, or recompaction of soil, rock or other earth materials. (Added by Ord. No. 181,624, Eff. 5/9/11.)
GRADING, LANDFORM. A contour grading method which creates artificial Slopes with curves and varying Slope ratios in the horizontal plane designed to simulate the appearance of surrounding natural terrain. The graded Slopes are non-linear in plan view, have varying Slope gradients, and significant transition zones between human-made and natural Slopes resulting in pad configurations that are irregular. The concept of Landform Grading incorporates the created ravine and ridge shapes with protective drainage control systems and integrated landscaping designs. (Added by Ord. No. 181,624, Eff. 5/9/11.)
GRADING, REMEDIAL. For the purposes of Section 12.21 C.10. of this Code, Remedial Grading shall mean grading recommended by a California Licensed Geologist and/or Licensed Engineer prepared in accordance with Sections 91.7006.2, 91.7006.3, and 91.7006.4 of this Code, and approved by the Department of Building and Safety - Grading Division, that is necessary to mitigate a geologic or geotechnical hazard on a site (including for access driveways), including, but not limited to: 1) correction of hazardous soil and earth conditions, when notified by the Department of Building and Safety in accordance with Section 91.7005.7 of this Code, 2) removal and re-compaction of soil for a Building site to remediate expansive, compressible or seismically unstable soils, 3) grading required to provide a minimum factor of safety of 1.5 for stability of slopes, and/or 4) grading to bring existing steep non-conforming graded slopes into conformance with current Code requirements for fill and excavated slope gradients. (Added by Ord. No. 181,624, Eff. 5/9/11.)
GREATER DOWNTOWN HOUSING INCENTIVE AREA. Those portions of the Southeast Community Plan Area generally bounded by 1-10 freeway on the north, the 1-110 freeway and Figueroa Street (south of Adams Boulevard) on the west, Grand Avenue (south of 21st Street) on the east, and Washington Boulevard and Martin Luther King Jr. Boulevard (west of Broadway Place) on the south, as shown in the map in Section 2 of Ordinance No. 188,426. (Amended by Ord. No. 188,426, Eff. 1/20/25, Oper. 1/27/25.)
GREEN WASTES. All yard trimmings and/or leaves, grass clippings, agricultural wastes and vegetative landscaping materials generated from the maintenance of yards, parks or other similar facilities. (Added by Ord. No. 170,054, 11/13/94.)
GROUND FLOOR. The story or basement within a portion of a building that has an access door that is directly accessible to and fronts on the street, and the elevation of the floor level is within three feet above or below the adjacent curb. The point on the adjacent curb is determined by drawing a line perpendicular to the door between the centerline of such door and the curb of the street. No portion of a ground floor can be located directly above or below another ground floor. (Added by Ord. No. 174,999, Eff. 1/15/03.)
GUEST HOUSE. A dwelling containing not more than five guest rooms or suites of rooms, but with no kitchen facilities. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
GUEST ROOM. Any habitable room except a kitchen, designed or used for occupancy by one or more persons and not in a dwelling unit. (Added by Ord. No. 107,884, Eff. 9/23/56.)
HEIGHT OF BUILDING OR STRUCTURE. Is the vertical distance above grade measured to the highest point of the roof, structure, or the parapet wall, whichever is highest. Retaining walls shall not be used for the purpose of raising the effective elevation of the finished grade for purposes of measuring the height of a building or structure. This definition does not apply to any building or structure located within the boundaries of the Century City North and Century City South Specific Plans and which is subject to Section 12.21.2 of this Code. (Added by Ord. No. 160,657, Eff. 2/17/86, Oper. 6/17/86.)
HIGH QUALITY TRANSIT SERVICE. A transit route with service frequency of 15 minutes or less during peak commute hours in one direction. For the purpose of determining service interval frequency, a bus route may include a combination of overlapping bus lines when part of a “colinear” or “family” line as determined in coordination with the Southern California Association of Governments (SCAG) and local transit agencies, may be considered as one service route for the purpose of calculating service interval frequency. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
HIGHER OPPORTUNITY AREAS. High and Highest Resource Areas as defined and identified by the California Tax Credit Allocation Committee (TCAC). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
HIGHWAY, MAJOR. Any street designated as a major highway on the Highways and Freeways maps of the Transportation Element of the General Plan. (Amended by Ord. No. 172,840, Eff. 11/4/99.)
HIGHWAY, SECONDARY. Any street designated as a secondary highway on the Highways and Freeways maps of the Transportation Element of the General Plan. (Amended by Ord. No. 172,840, Eff. 11/4/99.)
HILLSIDE AREA. Any land designated as Hillside Area as shown in the shaded portion of the Department of City Planning Hillside Area Map, dated September 23, 2009, attached to Council File No. 09-1390. The map is maintained by the Department of City Planning as part of the Geographic Information Systems database. (Amended by Ord. No. 181,128, Eff. 5/3/10.)
HISTORIC RESOURCES SURVEY. A documented survey, officially recognized by a local, state, or federal agency, and accepted by the Director of Planning or Office of Historic Resources as adequate, resulting from a process of systematically identifying and documenting buildings, structures, objects, cultural landscapes, natural features, and historic districts, as potentially eligible for listing as either an individual resource or as a contributor to an historic district under a local, state or federal designation program, including but not limited to the National Register of Historic Places, California Register of Historical Resources, designation as a Historic-Cultural Monument, or identification as a Contributing Structure in an Historic Preservation Overlay Zone (HPOZ). (Added by Ord. No. 188,793, Eff. 2/1/26.)
HISTORIC VEHICLE COLLECTION. One or more vehicles, as defined by Sections 5004(a)(1), (2) and (3) of the California Vehicle Code, special interest vehicles, as defined by Section 5051(b) of the California Vehicle Code, out-of-production vehicles of historical importance, as determined by the Zoning Administrator or parts cars, as defined in Section 5051(c) of the California Vehicle Code, which are collected, restored, or maintained for non-commercial hobby or historical purposes. (Added by Ord. No. 161,931, Eff. 3/2/87.)
HIVE. A structure that houses a bee colony. (Added by Ord. No. 183,920, Eff. 12/6/15.)
HOME OCCUPATION. An occupation carried on by the occupant or occupants of a dwelling as a secondary use in connection with the main use of the property, subject to the regulations of Section 12.05 A.16. of this Code. For dwelling units where a home occupation is conducted, the home occupation shall be considered a residential use for zoning purposes. (Amended by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
HOME-SHARING. An accessory use of a Host’s Primary Residence for a maximum of 120 days in a calendar year for the purpose of providing Short- Term Rental in compliance with the registration and other requirements of Los Angeles Municipal Code Section 12.22 A.32. For purposes of this definition, the terms “Host”, “Short-Term Rental” and “Primary Residence” shall have the same meaning as defined in Section 12.22 A.32. of this Code. (Added by Ord. No. 185,931, Eff. 7/1/19.)
HOSTEL. A one-family dwelling, boarding or rooming house, dormitory, apartment hotel or apartment house which is advertised as a hostel or which is listed with any recognized national or international hostel organization. (Added by Ord. No 167,689, Eff. 5/9/92.)
HOTEL. A residential building designated or used for or containing six or more guest rooms, or suites of rooms, which may also contain not more than one dwelling unit, but not including any institution in which human beings are housed or detained under legal restraint. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
HOTEL DEVELOPMENT PROJECT. A Development Project that includes the creation of hotel/motel guest rooms, apartment hotels, hostels, or transient-occupancy residential structure dwelling units or an addition of 25 percent or more new hotel/motel guest rooms, apartment hotels, hostels, or transient-occupancy residential structure dwelling units to an existing hotel. (Added by Ord. No. 188,072, Eff. 7/1/24.)
HOUSEHOLD, LOW INCOME. (Deleted by Ord. No. 180,308, Eff. 12/7/08.)
HOUSEHOLD, MODERATE INCOME. (Deleted by Ord. No. 180,308, Eff. 12/7/08.)
HOUSEHOLD MOVING RENTAL TRUCK. Any motor vehicle which is displayed, stored or offered for rental without a driver, used and maintained solely for the transportation of property, primarily used for the do-it-yourself movement of personal or household goods by private individuals on a short-term basis, having only two axles, and equipped with a body of no more than 22 feet in length measured at the vehicle chassis nor more than 12 feet in height measured from the surface upon which the involved truck rests. Such vehicle may exceed 5600 pounds in registered net weight. (Amended by Ord. No. 151,717, Eff. 1/13/79.)
HOUSING AUTHORITY. (Deleted by Ord. No. 180,308, Eff. 12/7/08.)
HOUSING DEVELOPMENT. As defined in California Government Code Section 65915(i), which is a development project with five or more residential units including mixed-use developments; and subdivisions or common interest developments as defined in California Civil Code Section 4100. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
HOUSING DEVELOPMENT PROJECT. Has the same meaning as defined in paragraph (2) of subdivision (h) of California Government Code Section 65589.5, except that it also includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
HOUSING DIRECTOR. (Deleted by Ord. No. 180,308, Eff. 12/7/08.)
IN-VESSEL COMPOSTING. A process in which compostable material is enclosed in a drum, silo or similar structure where the environmental conditions are controlled and the compostable material is aerated and mechanically agitated. This process allows for accelerated decomposition. (Added by Ord. No. 170,054, 11/13/94.)
INCENTIVE. A reduction in a site Development Standard or a modification to zoning code requirements or architectural design requirements that results in identifiable and actual cost reductions to provide for affordable housing costs as defined in California Government Code Section 65915(k). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
INOPERABLE VEHICLE. Any motor vehicle or trailer which is incapable of immediate and sustained movement for which it was designed. (Added by Ord. No. 176,840, Eff. 9/4/05.)
JOINT LIVING AND WORK QUARTERS. A residential occupancy of one or more rooms or floors used as a dwelling unit with adequate work space reserved for, and regularly used by, one or more persons residing there. (Amended by Ord. No. 181,133, Eff. 5/11/10.)
JUNIOR ACCESSORY DWELLING UNIT (JADU). A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior Accessory Dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (Added by Ord. No. 186,481, Eff. 12/19/19.)
JUNK YARD. Any property or place where the business of a junk dealer, as defined by either Section 21601 of the California Business and Profession’s Code or Section 103.305 of the Los Angeles Municipal Code, is conducted – other than wholly within an enclosed building. In addition, a junk yard shall include property used for the storage of impounded, abandoned, partially dismantled, obsolete or wrecked automobiles – other than wholly within an enclosed building. Junk Yard does not include an Historic Vehicle Collection when maintained as an Accessory Use as defined by Section 12.03 of the Municipal Code, or Scrap Metal Processing Yard as defined in the Municipal Code. (Amended by Ord. No. 161,931, Eff. 3/2/87.)
KENNEL. Any lot, building, structure, enclosure or premises where four or more dogs that are each at least four months of age are kept or maintained, with the exception of a Pet Shop. (Amended by Ord. No. 186,372, Eff. 12/10/19.)
A municipality may lawfully regulate the number of dogs that may be kept and may also prescribe an age limit. Miller v. City of Arcadia, (1932) 121 Cal. App. 660.
KITCHEN. Any room or any portion of a dwelling unit, whether an enclosing subdivision thereof or otherwise, used or intended or designed to be used for cooking and preparing food except a light house- keeping room or that portion of a recreation room in a multiple residential use, or in an accessory building appurtenant thereto, containing the facilities for the cooking and preparation of food. (Amended by Ord. No. 140,191, Eff. 5/15/70, Operative 10/12/70.)
LEACHATES. Any liquid which has come into contact with or percolated through composting or curing materials and contains extracted or dissolved substances therefrom, or any other liquid which has been generated by the decomposition process. (Added by Ord. No. 170,054, 11/13/94.)
LIGHT HOUSEKEEPING ROOM. Any guest room which is designed and used as a bedroom and for the cooking and preparing of food, in a conformance with the provisions of Section 91.4930.1 of Article 1, Chapter 9 of this Code. For the purpose of applying the lot area and automobile parking space requirements of the various zones, each light housekeeping room shall be considered as a separate guest room. (Added by Ord. No. 113,548, Eff. 6/10/59.)
LOADING SPACE. An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. A parcel of land occupied or to be occupied by a use, building or unit group of buildings and accessory buildings and uses, together with the yards, open spaces, lot width and lot area as are required by this chapter and fronting for a distance of at least 20 feet upon a street as defined here, or upon a private street as defined in Article 8 of this chapter. The width of an access-strip portion of a lot shall not be less than 20 feet at any point. In a residential planned development or an approved small lot subdivision a lot need have only the street frontage or access as is provided on the recorded subdivision tract or parcel map for the development. (Amended by Ord. No. 176,354, Eff. 1/31/05.)
LOT – AIR SPACE. (Added by Ord. No. 156,681, Eff. 6/21/82.) A division of the space above or below a lot as defined in this section with a finite width, length, and upper and lower elevation occupied or to be occupied by a use, building or portion thereof, unit group of buildings or portions thereof, and accessory buildings or portions thereof or accessory uses. An air space lot shall be identified on a final map or a parcel map recorded in the office of the County Recorder with a separate and distinct number or letter.
An air space lot shall have such access to a street (as defined in this section) or private street (as defined in Article 8 of this chapter) by means of one or more easements or other entitlements to use in a form satisfactory to the Advisory Agency and the City Engineer.
LOT, CORNER. A lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty five (135) degrees.
LOT, DOWNHILL. A Lot for which the Front Lot Line, or Street which serves as the primary vehicular access point for the required parking, is at a higher Elevation than the Rear Lot Line. (Added by Ord. No. 181,624, Eff. 5/9/11.)
LOT, FLAG. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street. (Added by Ord. No. 137,956, Eff. 3/2/69.)
LOT, INTERIOR. A lot other than a corner lot.
LOT, KEY. The first interior lot to the rear of a reversed corner lot and not separated therefrom by an alley.
LOT, REVERSED CORNER. A corner lot the side street line of which is substantially a continuation of the front line of the first lot to its rear.
LOT, THROUGH. A lot having a frontage on two parallel or approximately parallel streets, but not including those lots having frontage on a street and frontage on a navigable public canal or waterway parallel or approximately parallel to said street. (Amended by Ord. No. 184,802, Eff. 3/17/17.)
LOT, TRANSITIONAL. The first 100 feet of a lot in an RA or R Zone having a side line adjoining or separated only by an alley from a lot in a C or M Zone. (Amended by Ord. No. 111,049, Eff. 5/3/58.)
LOT, UPHILL. A Lot for which the Front Lot Line, or Street which serves as the primary vehicular access point for the required parking, is at a lower Elevation than the Rear Lot Line. (Added by Ord. No. 181,624, Eff. 5/9/11.)
LOT, VACANT. A lot on which no building, temporary or permanent, is erected. (Added by Ord. No. 153,361, Eff. 3/2/80.)
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT LINE, FRONT. In the case of an interior lot, the line separating the lot from the street or place, and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or gore-shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.
LOW TO MODERATE COST HOUSING. Housing for which the rent does not exceed the current Fair Market Rent for Existing Housing standards applicable to Los Angeles City as established for Section 8 and 23 Housing Assistance Payments Program by the United States Department of Housing and Urban Development. (Added by Ord. No. 151,432, Eff. 10/12/78.)
LOWER INCOME. The income level defined in California Health and Safety Code Section 50079.5. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
MAJOR REMODEL – HILLSIDE. Any remodeling of a main building on a lot in the Hillside Area whenever the aggregate value of all alterations within a one-year period exceeds 50 percent of the replacement cost of the main building. (Added by Ord. No. 168,159, Eff. 9/14/92.)
MAJOR TRANSIT STOP. In addition to California Public Resources Code Section 21064.3, a site containing a rail or bus rapid transit station or the intersection of two or more bus routes with a service interval of 20 minutes or less during the morning and afternoon peak commute periods in either direction. The stations or bus routes may be existing, under construction, or included in the most recent Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP). A bus route may include a combination of overlapping bus lines and may be considered as one service route for the purpose of calculating service interval frequency, when part of a “colinear”, or “family” line, as determined in coordination with SCAG and transit agencies. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
MANUFACTURED HOME. The term “manufactured home” shall include a factory-built home and mobilehome but shall not include a recreational vehicle, or commercial coach. (Added by Ord. No. 161,716, Eff. 12/6/86.)
MAXIMUM ALLOWABLE RESIDENTIAL DENSITY. The greatest number of units allowed on a project site as defined in California Government Code Section 65915(o)(6). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
MINI-SHOPPING CENTER. (Amended by Ord. No. 175,223, Eff. 6/30/03.) A building or group of buildings located on a lot or lots, having all of the following characteristics:
(1) Size – comprised of less than 65,000 square feet of lot area before any dedications required in connection with the building permit or other permits for the Mini-Shopping Center;
(2) Use – used for more than one retail establishment, such as a store, shop, business, service or facility;
(3) Zoning – located in the C or M1, M2 or M3 Zones; and
(4) Improvements – improved with a structure or structures that do not exceed a height of three stories.
For purposes of this definition, a Mini-Shopping Center can be located on more than one lot only if the lots are adjacent, not divided by a public street, have a common parking area, and one or more buildings are erected or are proposed to be erected upon the lots.
The definition of Mini-Shopping Center shall not include the following:
An automobile service station, including service bay areas, where accessory food sales do not exceed 600 square feet of floor area and other accessory uses do not exceed 500 square feet of floor area; or
Commercial buildings composed of general business or professional offices, including those of a real estate or stock broker, or an insurance or building and loan company, with 30% or less of the total square footage containing related commercial/retail uses that are located on the first and second floors, so long as parking is provided for the commercial/retail uses as required by Section 12.21 A.4.
MINOR EMERGENCY REPAIRS. Those repairs to a currently State licensed motor vehicle owned by the occupants of the property which do not require the complete immobilization of the vehicle in excess of 24 hours duration or does not require the removal of the engine transmission, rear-end or more than one wheel. Minor emergency repairs does not include body and fender work. (Added by Ord. No. 137,210, Eff. 10/12/68.)
MOBILE MEDICAL FACILITY. A vehicle, or portable structure transported by a vehicle, easily transportable in one or more sections, which is used to provide primarily diagnostic or preventive medical services on a temporary basis in any one location. (Added by Ord. No. 166,045, Eff. 8/17/90.)
MOBILEHOME. When used in Sections 12.08.1, 12.09.3, and 12.24 of this Code, this term shall mean a structure transportable in one or more sections, designed and equipped to be used as a dwelling unit or accessory to a dwelling unit. This structure shall comply with all applicable provisions of the California State Mobilehomes – Manufactured Housing Act. The term “mobilehome” shall not include a factory-built home, recreational vehicle, or commercial coach. (Amended by Ord. No. 164,904, Eff. 7/6/89.)
MOBILEHOME PARK. When used in Sections 12.09.3, 12.24, and 17.50 of this Code, this term shall mean any lot or portion of a lot used to provide rental or lease sites for two or more individual mobilehomes or trailers used as one-family dwellings. (Amended by Ord. No. 164,904, Eff. 7/6/89.)
MOBILEHOME SITE. When used in Section 12.24 of this Code, this term shall mean that portion of a mobilehome park set aside and designated for the occupancy of a mobilehome or trailer and including the area set aside or used for parking and buildings or structures such as awnings, cabanas or ramadas which are accessory to the mobilehome or trailer. (Added by Ord. No. 161,716, Eff. 12/6/86.)
MODEL DWELLING. (Deleted by Ord. No. 172,839, Eff. 11/1/99.)
MODERATE AND LOWER OPPORTUNITY AREAS. Moderate Resource, Low Resource, and High-Poverty & Segregation Areas as defined and identified by the California Tax Credit Allocation Committee (TCAC). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
MODERATE INCOME. The income level defined in California Health and Safety Code Section 50093. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
MOVABLE TINY HOUSE. (Added by Ord. No. 186,481, Eff. 12/19/19.) An enclosed space intended for separate, independent living quarters of one Family as defined in Section 12.03 of this Code and that meets all of the following:
(a) Is licensed and registered with the California Department of Motor Vehicles;
(b) Meets the American National Standards Institute (ANSI) 119.5 requirements or the National Fire Protection Association (NFPA) 1192 standards, and is certified for ANSI or NFPA compliance;
(c) Cannot move under its own power;
(d) Is no larger than allowed by California State Law for movement on public highways; and
(e) Is no smaller than 150 and no larger than 430 square feet as measured within the exterior faces of the exterior walls.
MULCH. A woody vegetative material used as a nonnutritive ground cover to control erosion, improve water retention and retard weed growth. (Added by Ord. No. 170,054, 11/13/94.)
MULCHING FACILITY. Any facility which receives, temporarily stores and processes primarily source-separated carbonaceous wood waste and/or yard trimmings into a mulch. Examples of such materials include clean wood waste, tree and shrub trimming, leaves and other high carbon, low nitrogen material which decompose at a slow rate and have little leachate or odor-causing potential. Processing of such materials is achieved by chipping and screening to attain a uniform particle size and may include limited aging of the material to achieve a desired appearance. This definition shall not include any mulching of green waste and/or wood waste conducted for noncommercial, nonprofit purpose. (Added by Ord. No. 170,054, 11/13/94.)
NATURE PRESERVE. An area in its natural state which serves as a habitat for flora and/or fauna indigenous to the area, or as a corridor linking such habitats, including but not limited to a bird sanctuary, and which is designated as a nature preserve on the applicable community or district plan by footnote or other means, and where permitted uses are only incidental to the preservation and enhancement of the preserve. (Added by Ord. No. 166,168, Eff. 10/3/90.)
NEIGHBORHOOD RETAIL AND SERVICE USES. Uses that involve business activity serving the general public, pursuant to Section 13.07 C. of this Code. Neighborhood Retail and Neighborhood Services include, but are not limited to, retail, professional and personal services, hospitality, restaurants, and entertainment. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
NONCONFORMING BUILDING. A building, structure or portion thereof, which does not conform to the regulations of this chapter and which lawfully existed at the time the regulations, with which it does not conform, became effective.
NONCONFORMING LOT. A lot whose width, area or other dimensions does not conform to the regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective. (Amended by Ord. No. 127,777, Eff. 8/1/64.)
NONCONFORMING USE. A use of building or land which does not conform to the regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.
NON-CONTRIBUTOR. Any building, structure, natural feature, lot, or landscaping that is identified in a Historic Resources Survey or an official nomination form accepted by the relevant agency for a designated federal, state, or local historic district as a Non-Contributing Element, or not listed in the Historic Resources Survey or nomination form. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
ONE HUNDRED PERCENT AFFORDABLE HOUSING PROJECT. A Housing Development Project, as defined in California Government Code Section 65589.5, that involves the construction of, addition to, or remodeling of any building or buildings which results in the creation of five or more additional residential units; and exclusive of any manager’s units, units are subject to a recorded affordability restriction for a term of at least 55 years (or 99 years) for projects in which the units are for rent, or at least 45 years (or 99 years) for projects in which the units are for sale, as set forth in Section 16.61 of this Code. With the exception of a manager’s unit or units, or staff units for Projects utilizing California Government Code Section 65913.16, all units (including bonus units) shall be Restricted Affordable Units for Lower Income households, except that up to 20 percent may be for Moderate Income households. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
OUTDOOR DINING AREA. A covered or uncovered, but not fully enclosed area which may include but is not limited to an open-to-sky parking area, patio, courtyard, or plaza, that is located in a space within the same lot as the restaurant to which it serves as an accessory use, but is outside of the enclosed building or structure in which the restaurant is located, and is used for the service and consumption of food and drinks by the patrons of the restaurant. (Added by Ord. No. 188,073, Eff. 1/31/24.)
OUTDOOR EATING AREA. When used in Sections 12.12.2, 12.13, 12.14, 12.21.1 and 12.24, this term shall refer to a covered or uncovered portion of a ground floor restaurant which is not completely enclosed within the building; is used primarily for the consumption of food and/or drinks by the patrons of the restaurant; and is not larger than 50 percent of the dining area of the ground floor restaurant. A “ground floor” restaurant refers to any restaurant with an average finished floor elevation either below or not more than three feet above natural grade as measured from any point along the exterior building wall closest to the restaurant. (Amended by Ord. No. 165,403, Eff. 2/17/90.)
PARALLEL PARKING STALL. A parking stall having its length parallel with its access aisle. (Amended by Ord. No. 142,306, Oper. 2/9/72.)
PARKING AREA, PRIVATE. An open area located on the same lot with a dwelling, apartment house, hotel or apartment hotel, for the parking of automobiles of the occupants of such building. (Amended by Ord. No. 138,859, Eff. 8/21/69.)
PARKING AREA, PUBLIC. Any open area other than a street or a private parking area, used for the parking of more than four automobiles.
PARKING BAY. The width of two rows of parking stalls and the aisle between, or on a single loaded aisle with width of one row of parking stalls and the access aisle. (Added by Ord. No. 142,306, Oper. 2/9/72.)
PARKING. BUILDING. Any garage designed and used primarily for the parking of automobiles. (Amended by Ord. No. 144,082, Eff. 12/11/72.)
PARKING SPACE, AUTOMOBILE. Space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and work areas, for the parking of one (1) automobile.
PARKING STALL. Same as Parking Space, Automobile. (Added by Ord. No. 142,306, Oper. 2/9/72.)
PET SHOP. Any retail or commercial establishment, store or department of any store, or any place of business open to the public where dogs, cats, rabbits, birds, reptiles or any other animals are kept and offered for adoption or sale, for hire, or sold, irrespective of the age of the animals, provided that the facility operates pursuant to a pet shop permit issued by the Department of Animal Services, and is not used for the breeding of dogs, cats or rabbits or the commercial boarding of animals. The term “Pet Shop” shall include “Pet Store”, and “Animal Adoption Facility”. (Added by Ord. No. 186,372, Eff. 12/10/19.)
PHILANTHROPIC INSTITUTION. A nonprofit, charitable institution devoted to the housing, training or care of children, or of aged, indigent, handicapped or underprivileged persons, but not including the following: office buildings, except as an accessory to and located on the same lot with an institutional activity, as listed above; hospitals, clinics or sanitariums, correctional institutions, institutions or homes for the insane or those of unsound mind; lodging houses or dormitories providing temporary quarters for transient unemployed persons; organizations devoted to collecting and salvaging new or used materials, or organizations devoted principally to distributing food, clothing or supplies on a charitable basis.
POOL. Any constructed pool used for swimming, bathing or wading or as a fishpond or similar use. (Added by Ord. No. 109,714, Eff. 8/26/57.)
PRINCIPAL USE. The main permitted use of land or structures as distinguished from an accessory use. (Added by Ord. No. 152,467, Eff. 7/14/79.)
PRIVATELY OWNED PUBLIC SPACES (POPS). (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.) An open space located on private property physically accessible to the public, such as but not limited to, plazas, arcades, paseos, through-block pedestrian connections, or open-air concourses located in or around buildings. To ensure that such open spaces are available to the public, each space must meet the following criteria:
- Be physically open to the general public for use free of charge between sunrise and sunset, or during regular business hours, whichever is longer.
Be equal to, or greater than the common open space required by Section 12.21 G.2.(a) of this Code and shall have at least one clear minimum dimension of 15 feet in any direction. Planters used for trees and landscaping may be located within the required 15-foot dimension provided that planters do not exceed a height of 42 inches. 3. Provide at least one tree (non-palm species) for every 1,000 square feet of POPS space. 4. Be identified by a Privately Owned Public Space (POPS) way-finding sign posted at every public entrance to the amenity space in accordance with the Public Amenity Space Sign Standards as established by the Director of Planning, and in accordance with Div. 4C.11. (Signs) of Chapter 1A of this Code.
Provide at least three ground floor pedestrian amenities as listed below:
a. Movable seating/furniture.
b. At grade planting area.
c. Hydration station inclusive of a water fountain or bottle refill station.
d. Urban garden for community use.
e. Play and/or exercise equipment.
f. Running water elements.
g. Shade structures.
PROTECTED UNITS. (Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.) Means any of the following:
(a) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past
five years.
(b) Residential dwelling units that are or were subject to the Rent Stabilization Ordinance pursuant to Article I of Chapter XV of this Code, or any other form of rent or price control through a public
entity’s valid exercise of its police power within the past five years.
(c) Residential dwelling units that are or were rented by lower or very low income households within the past five years.
(d) Residential dwelling units that were withdrawn from rent or lease in accordance with the Ellis Act (Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California
Government Code) within the past 10 years.
RECREATION ROOM. A room contained in either a main building or an accessory building, designed to be utilized primarily for games, the pursuit of hobbies, social gatherings, and such activities. Such a room may contain such plumbing fixtures as are utilized in a bar or for hobby activities. Such a room in a single-family or two-family dwelling or in an accessory building appurtenant to a single-family or two- family dwelling, may not include facilities for the cooking and preparation of food. However, in a multiple residential use or in an accessory building appurtenant thereto, a recreation room which is for the common use of all the dwelling units therein may contain the facilities for the cooking and preparing of food. (Added by Ord. No. 138,685. Eff. 7/10/69.)
RECREATIONAL VEHICLE. A portable vehicle mounted on wheels, with or without motive power, and primarily designed and constructed to provide human habitation for recreational, camping, travel or emergency purposes. (Added by Ord. No. 161,716, Eff. 12/6/86.)
RECREATIONAL VEHICLE PARK. Any lot or portion of a lot permitted by conditional use to provide rental or lease sites for individual recreational vehicles which are occupied for temporary purposes. (Added by Ord. No. 161,716, Eff. 12/ 6/86.)
RECYCLABLE MATERIALS. Items or materials to be recycled or reused, including but not limited to yard waste, paper, plastic, glass, metal, newspaper, and cardboard. (Added by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING AREA OR ROOM. An outdoor space or a room within a building which is designated for the collection of Recyclable Materials generated by the use(s) occupying only that site, is approved by the Fire Department and the Department of Building and Safety, and has the space to accommodate Recycling Receptacles. (Added by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING CENTER, MOBILE. A receptacle, usually a trailer, for the collection of recyclable materials that is drawn by motor power and bears a valid state license. (Added by Ord. No. 158,503, Eff. 1/1/84.)
RECYCLING CENTER OPERATOR OR JUNK DEALER. A person having a fixed place of business in the City and engaging in, conducting, managing or carrying on the business of buying, selling or otherwise charging or re-selling for reuse, materials approved for collection at an approved Recycling Center or Buyback Center, Recycling Materials Processing Facility, Recycling Materials Sorting Facility or Junk Yard as defined by this Code. (Amended by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING CENTER OR SITE. (Deleted by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING CHUTE. Any vertical smooth shaft used to convey recyclable materials from the upper floors of a building to a recyclable storage bin or room at the bottom end of the chute. (Added by Ord. No. 181,227. Eff. 9/1/10.)
RECYCLING COLLECTION OR BUYBACK CENTER. A facility where Recyclable Materials are deposited or redeemed for monetary value, and which may include baling or crushing operations for the purposes of efficiency of storage and transfer (volume reduction), but shall not include sorting or processing activities for other than temporary storage purposes. (Added by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING MATERIALS PROCESSING FACILITY. A facility which accepts Recyclable Materials for sorting and processing on the site. For the purpose of this definition, processing shall mean the process of changing the physical characteristics of a Recyclable Material, including the shredding, smelting, grinding and crushing of cans, bottles, and other materials, for other than temporary storage purposes. (Added by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING MATERIALS SORTING FACILITY. A facility which accepts commingled or source-separated Recyclable Materials of various types, which are separated on the site using a manual or automated system. For the purpose of this definition, source-separated Recyclable Materials are those which are separated from the waste stream at their point of generation for the purpose of recycling. This may include baling or crushing operations for the purposes of efficiency of storage and transfer (volume reduction), but shall not include processing activities for other than temporary storage purposes. (Added by Ord. No. 171,687, Eff. 8/19/97.)
RECYCLING RECEPTACLE. A container which is suitable for the collection of Recyclable Materials. Containers shall be covered, durable, waterproof, rustproof, and of incombustible construction, and shall provide protection against the environment or be in completely enclosed indoor recycling areas. Containers must be clearly labeled to indicate the type of material to be deposited. (Added by Ord. No. 171,687, Eff. 8/19/97.)
REGISTERED NET WEIGHT. Registered net weight or a commercial vehicle is the unladen weight, as that term is defined by State Vehicle Code Section 660 and evidenced on the registration card kept within a commercial vehicle pursuant to State Vehicle Code Section 4454 or 4455 as the registration weight of a commercial vehicle pursuant to State Vehicle Code Section 9400. (Added by Ord. No. 148,857, Eff. 10/30/76.)
RENTABLE FLOOR AREA. The floor area in a building, exclusive of corridors, stairs, elevator shafts, lavoratories, flues and janitor’s storage closets.
REPLACE. Has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Section 65915 of the California Government Code. (Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
RESIDENTIAL BUILDING. A building or portion thereof designed or used for human habitation. (Added by Ord. No. 107,884, Eff. 9/23/56.)
RESIDENTIAL PLANNING DEVELOPMENT. A group of residential buildings and appurtenant structures located and arranged in accordance with the requirement of the RPD - residential planned development district (Sec. 13.04) in which the property is located. A residential planned development may include schools. It may also include churches, hospitals, infirmaries, recreational and commercial uses, as an integral part of the development and intended for use by its occupants, to an extent commensurate with the planned population of the RPD district. (Added by Ord. No. 141,474, Eff. 2/27/71.)
RESIDENTIAL VEHICLE. A mobilehome, or a travel trailer containing a minimum of two hundred and twenty (220) square feet of superficial floor area exclusive of bath, closet and water closet areas, as defined by the California Health and Safety Code Sections 18211 and 18219. Such residential vehicle shall contain cooking, eating, sleeping, toilet and bathing facilities and shall display a California Department of Housing and Community Development insignia issued within one year prior to the date of application for the use of land permit herein required and a valid current California vehicle license. (Added by Ord. No. 153,144, Eff. 12/28/79.)
RESTRICTED AFFORDABLE UNIT. A residential unit for which rental or mortgage amounts are subject to a recorded affordability restriction so as to be affordable to and occupied by Acutely Low Income, Extremely Low, Very Low, Lower or Moderate-Income households, as defined by the California Department of Housing and Community Development (HCD) or any successor agency. Affordable means that rents or housing costs should not exceed requirements set forth in California Health and Safety Code Section 50052.5 for for-sale residential units, California Health and Safety Code Section 50053 for rental residential units, United States Department of Housing and Urban Development (HUD), or by the California Tax Credit Allocation Committee. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
RETIREMENT HOTEL. A building with guest rooms and/or dwelling units in which 90 percent or more of the occupants are age 62 or older and for which a covenant running with the land is recorded limiting the use as such for as long as the building contains any guest rooms. (Added by Ord. No. 159,714, Eff. 4/8/85.)
REVERSE VENDING MACHINE. An automated mechanical device which accepts one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and which issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State of California. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. (Added by Ord. No. 168,662, Eff. 4/29/93.)
REVERSE VENDING MACHINE COMMODITY STORAGE BIN. A non-automated container which is covered and made of durable, incombustible, rustproof and waterproof construction, which is used to store the processed aluminum cans, glass and plastic bottles that are removed from a reverse vending machine. (Added by Ord. No. 168,662, Eff. 4/29/93.)
ROOF, LATTICE. A roof covering constructed as an Open Egg-Crate Roof or Spaced Roof. An Open Egg-Crate roof is constructed of lattice members so that a sphere of 10 inches minimum in diameter can pass through. All lattice members must have a minimum nominal width of 2 inches. A Spaced Roof is constructed of members running in one direction only with a minimum clear spacing between the members of not less than 4 inches. In addition, beams supporting and placed perpendicular to the members shall be spaced not less than 24 inches on center. All members or beams must have a minimum nominal width of 2 inches. (Added by Ord. No. 181,624, Eff. 5/9/11.)
ROOM, HABITABLE. (Amended by Ord. No. 146,421, Eff. 9/14/74.) An enclosed subdivision in a residential building commonly used for living purposes, but not including any lobby, hall, closet, storage space, water closet, bath, toilet, slop sink, general utility room or service porch. A recess from a room or an alcove (other than a dining area) having 50 square feet or more of floor area and so located that it could be partitioned off to form a habitable room, shall be considered a habitable room.
For the purpose of applying the automobile parking space requirements of this article, any kitchen as defined herein shall be considered a habitable room and, if it is a part of a room designed for other than food preparation or eating purposes, such remaining portion shall also be considered a habitable room.
For the purpose of applying the lot area requirements of this article, a kitchen less than 100 square feet of room area from wall to wall shall not be considered a habitable room.
For the purpose of applying the open space requirements of Section 12.21 G., a kitchen as defined herein shall not be considered a habitable room. (Added by Ord. No. 171,753, Eff. 11/17/97.)
SCHOOLS, ELEMENTARY AND HIGH. An institution of learning which offers instruction in several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. High schools include Junior and Senior.
SCRAP METAL PROCESSING YARD. Any establishment or place of business which is maintained, used or operated solely for the processing and preparing of scrap metal for remelting by steel mills and foundries. (Added by Ord. No. 145,040, Eff. 10/15/73.)
SENIOR INDEPENDENT HOUSING. Residential housing that consists of dwelling units for persons 62 years of age and older and may include common dining areas or other community rooms. Full time medical services shall not be provided on the premises. It may be a component of an Eldercare Facility. (Added by Ord. No. 178,063, Eff. 12/30/06.)
SEA LEVEL RISE AREA. An area of the coast that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, and as accepted for use by the Director of Planning, or as determined by a local coastal hazards vulnerability assessment. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
SERVANTS QUARTERS. An accessory building located on the same premises with the main building, used solely as the dwelling of persons employed on the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. (Added by Ord. No. 107,884, Eff. 9/23/56.)
SHELTER FOR THE HOMELESS. A facility operated by a “provider”, other than a “community care facility” as defined in California Health and Safety Code Section 1502, which provides temporary accommodations to homeless persons and/or families and which meets the standards for shelters contained in Title 25, Division 1, Chapter 7 of the California Code of Regulations. The term “temporary accommodations” means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed six months. For the purpose of this definition, a “provider” shall mean a government agency, religious institution, non-profit charitable organization, or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless, and which has been certified by the Housing Department of the City of Los Angeles to meet all applicable requirements contained in the California Health and Safety Code and the California Code of Regulations. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
SHOWCASE THEATER. (Added by Ord. No. 148,910, Eff. 11/17/76.) A theater which meets all of the following criteria:
(1) seats 90 persons or less;
(2) is nonprofit and tax-exempt;
(3) provides live entertainment; and
(4) employs fewer than five persons (exclusive of performers).
SKILLED NURSING CARE HOUSING. Residential housing that is licensed by the California Department of Health and provides acute, intermediate, or long-term skilled nursing care and consists only of guest rooms for its residents. Full time medical services may be provided on the premises. It may be a component of an Eldercare Facility. (Added by Ord. No. 178,063, Eff. 12/30/06.)
SLOPE. An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance (i.e. 2:1 or 1:1) or as a percentage (i.e. 50% or 100%). (Added by Ord. No. 181,624,
Eff. 5/9/11.)
SLOPE BAND. The area of a property contained within a defined Slope interval as identified in Section 12.21 C.10. of this Code and shown on a Slope Analysis Map prepared by a licensed surveyor based on a survey of the natural/existing topography. Slope bands need not necessarily be located in a contiguous manner and can be one or more areas as small or as large as they exist on said property. (Added by Ord. No. 181,624, Eff. 5/9/11.)
SOLID WASTE ALTERNATIVE TECHNOLOGY PROCESSING FACILITY. A facility that has one or more technological systems which extracts, recovers or generates usable materials and/or energy from solid waste, as defined in Section 40191 of California Public Resources Code. (Added by Ord. No. 181,272, Eff. 9/28/10.)
SPECIFIC ADVERSE IMPACT. Per California Government Code Section 65589.5(d)(2), a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
SPECIFIC PLAN. See Div. 13C.1. (Administration Definitions) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
STABLE, PRIVATE. A detached accessory building which has a roof and may have one or more sides and is used in whole or in part for the housing or shelter of an equine or equines owned by the occupants of the premises and not kept for remuneration, hire or sale. (Amended by Ord. No. 157,144, Eff. 11/22/82; Clarified by Ord. No. 157,219, Eff. 12/3/82.)
STABLE, PUBLIC. A stable other than a private stable.
STANDARD HILLSIDE LIMITED STREET. a street (public or private) with a minimum width of 36 feet and paved to a minimum roadway width of 28 feet, as determined by the Bureau of Engineering. (Amended by Ord No. 169,961, Eff. 8/29/94.)
STOCK COOPERATIVE. The same as defined by Section 11003.2 of the California Business and Professions Code. (Added by Ord. No. 153,024, Eff. 1/10/79.)
STORAGE BUILDING FOR HOUSEHOLD GOODS. A building that offers secure self-storage for household goods in individual rooms, compartments, lockers or containers to which clients bring goods for storage and retrieve them any time during normal business hours without any assistance from the operator of the building. For purposes of this definition, storage of these goods may not be in containers, such as boxes, barrels and/or drums set on pallets or racks, or that require the use of forklifts or other similar mechanical equipment for access or mobility. A storage building for household goods does not include the storage of commercial inventory to be sold, displayed, rented or otherwise relocated for sale. (Added by Ord. No. 173,979, Eff. 6/29/01.)
STORY. The space in a Building between two vertically adjacent finished floor levels or, for the topmost level of a Building, the space between its finished floor level and the roof directly above it. Finished floor levels within four vertical feet of each other shall be deemed a single Story. Any space that is defined as a Basement is not considered a Story. (Amended by Ord. No. 184,802, Eff. 3/17/17.)
STORY, FIRST. The lowest Story of a Building where the finished floor level directly above the Story is more than six feet above grade for more than 50 percent of the total perimeter of the Building or is more than 12 feet above grade at any point. If no such Story exists, then the topmost Story of a Building shall be deemed the First Story. (Added by Ord. No. 184,802, Eff. 3/17/17.)
STREET. Any public thoroughfare other than an alley or walk, except that in those cases where a subdivision has been recorded containing lots which abut only on an alley or walk, said alley or walk may be considered to be a street.
STREET – COLLECTOR. Any street designated as a collector street on an adopted community plan element of the general plan. (Added by Ord. No. 150,799, Eff. 6/5/78.)
STRUCTURAL ALTERATIONS. Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected which is supported directly or indirectly on the earth, but not including any vehicle which conforms to the California State Vehicle Act. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
SUBSTANDARD HILLSIDE LIMITED STREET. A Street which does not meet the minimum requirements of a Standard Hillside Limited Street as defined in Section 12.03 of this Code (public or private) with a width less than 36 feet and paved to a roadway width of less than 28 feet, as determined by the Bureau of Engineering. (Amended by Ord. No. 181,624, Eff. 5/9/11.)
SUITE. A group of habitable rooms designed as a unit, and occupied by only one family, but not including a kitchen or other facilities for the preparation of food, with entrances and exits which are common to all rooms comprising the suite. (Added by Ord. No. 138,685, Eff. 7/10/69.)
SUPPORTIVE HOUSING. Housing with no limit on length of stay for persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. The housing is linked to onsite or offsite Supportive Services, and any Floor Area used for the delivery of Supportive Services shall be considered accessory to the residential use. (Added by Ord. No. 185,489, Eff. 4/20/18.)
SUPPORTIVE SERVICES. Services that are provided on a voluntary basis to residents of Supportive Housing and Transitional Housing, including, but not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing. (Added by Ord. No. 185,489, Eff. 4/20/18.)
SURVEYED HISTORIC RESOURCE. Any building, structure, object, site, landscape, or natural feature identified through a Historic Resources Survey as eligible for listing as either an individual resource or as a contributor to a historic district under a local, state or federal designation program, including but not limited to listing in the National Register of Historic Places or California Register of Historical Resources, or designation as a Historic-Cultural Monument or as a Historic Preservation Overlay Zone. This term does not include a non-contributor to an eligible historic district. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
TEMPORARY GEOLOGICAL EXPLORATORY CORE HOLE. A seismic test hole or exploratory core hole used or intended to be used exclusively for geophysical, geological, and other exploratory testing for oil, natural gas or other hydrocarbon substances. (Amended by Ord. No. 152,744, Eff. 9/10/79.)
TENANT. A person who rents, leases or sub- leases, through either a written or oral agreement, residential real property from another. (Added by Ord. No. 151,432, Eff. 10/12/78.)
TENNIS OR PADDLE TENNIS COURT. A game court designed for the purpose of playing tennis, paddle tennis or similar game, utilizing a concrete slab or other conventionally accepted hard playing surface, an enclosing fence and frequently overhead lighting fixtures. (Added by Ord. No. 151,466, Eff. 10/27/78.)
TOWNHOUSE. A dwelling unit, structurally separated from another dwelling unit or other dwelling units in a building containing two or more dwelling units, and complying with the provisions of Section 91.2305(k)(2) of this Code, and which may be sold jointly with the lot upon which the dwelling unit is situated. Provided, however, that common roofing, flashing, and siding are permitted so as to enclose the airspace resulting from said structural separation. (Added by Ord. No. 141,474, Eff. 2/27/71.)
TRAILER OR AUTOMOBILE TRAILER. A vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, the terms “trailer” and “automobile trailer” shall not include a mobilehome. (Amended by Ord. No. 161,716, Eff. 12/6/86.)
TRANSIENT OCCUPANCY RESIDENTIAL STRUCTURE. A residential building designed or used for one or more dwelling units or a combination of three or more dwelling units and not more than five guest rooms or suites of rooms wherein occupancy, by any person by reason of concession, permit, right of access, license, or other agreement is for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. (Added by Ord. No 167,689, Eff. 5/9/92.)
TRANSITIONAL HOUSING. A building where housing linked to Supportive Services is offered, usually for a period of up to 24 months, to facilitate movement to permanent housing for persons with low incomes who may have one or more disabilities, and may include adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Added by Ord. No. 185,489, Eff. 4/20/18.)
TRASH CHUTE. Any vertical smooth shaft used to convey rubbish, trash, or garbage from the upper floors of a building to a trash storage bin or room at the bottom end of the chute. (Added by Ord. No. 181,227, Eff. 9/1/10.)
TRUCK GARDENING. The cultivation of berries, flowers, fruits, grains herbs, mushrooms, nuts, ornamental plants, seedlings or vegetables for use on-site or sale or distribution off-site. (Added by Ord. No. 181,188, Eff. 7/18/10.)
UNDERFLOOR SPACE. A space between the ground and the floor directly above. (Added by Ord. No. 109,714, Eff. 8/26/57.)
UNIFIED ADAPTIVE REUSE PROJECT. An Adaptive Reuse Project where at least one existing eligible building is combined with new construction of new floor area, either attached to the existing building, or detached from the existing building. Such projects may include development of portions of a lot shared with an Adaptive Reuse Project, or on lots that abut or are separated only by an alley, or are located directly across the street, from any portion of an Adaptive Reuse Project. (Added by Ord. No. 188,793, Eff. 2/1/26.)
URBAN AGRICULTURE INCENTIVE ZONE. (Added by Ord. No. 185,023, Eff. 8/6/17.) Any land designated as being eligible for the Urban Agriculture Incentive Zone Act, in accordance with California Government Code Sections 51040 - 51042 and County of Los Angeles Planning and Zoning Code Sections 22.52.3400 et seq., as may be amended from time to time, and as also shown in the Department of City Planning’s Urban Agriculture Incentive Zone Map, dated August 2016, attached to Council File No. 14-1378. The map is maintained by the Department of City Planning as part of the Geographic Information Systems database, and identifies all current farming and gardening zones, which may be amended from time to time.
The map shall be used by the Director of Planning, or the Director's designee, to determine eligibility for the City of Los Angeles’ Urban Agriculture Incentive Zone Program, as set forth in Los Angeles Administrative Code Sections 19.170 et seq., based on the criteria outlined in California Government Code Sections 51040 through 51042, the County of Los Angeles Planning and Zoning Code Sections 22.52.3430 through 22.52.3450, as may be amended from time to time.
USE. The purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.
UTILITY RENTAL TRAILER. Any non- passenger carrying, box-type open or van designed to be towed by a passenger vehicle, not exceeding 3,500 pounds gross vehicle weight (GAW), and not exceeding 96 inches in total width, nor 72 inches in box width, nor 14 feet in box length. (Added by Ord. No. 148,857, Eff. 10/30/76.)
VEHICLE, COMMERCIAL. Any vehicle, excluding Household Moving Rental Trucks, and Utility Rental Trailers, which when operated upon a highway is required to be registered as a commercial vehicle by the Vehicle Code of the State of California or by any other jurisdiction and which is used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used or maintained primarily for the transportation of property. (Amended by Ord. No. 148,857, Eff. 10/30/76.)
VERY HIGH FIRE HAZARD SEVERITY ZONES. Refer to Section 57.4911.1.1 of this Code. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
VERY LOW INCOME. The income level as defined in California Health and Safety Code Section 50105. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
WINDROW COMPOSTING. The process in which compostable material is placed in elongated piles or windrows which are mechanically turned or aerated to encourage decomposition and to reduce odors. (Added by Ord. No. 170,054, 11/13/94.)
WOOD WASTES. Any untreated and/or unpainted wood material such as pallets, plywood and other construction related scrap lumber, stumps and tree trimming. (Added by Ord. No. 170,054, 11/13/94.)
YARD. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this article.
YARD, FRONT. A yard extending across the full width of a lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. (Amended by Ord. No. 121,925, Eff. 6/4/62.)
YARD, SIDE. A yard more than six (6) inches in width between a main building and the side lot line, extending from the front yard or the front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
ZONING ADMINISTRATOR. See Div. 13C.1. (Administration Definitions) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
SEC. 12.05. “A1” AGRICULTURE ZONE.¶
The following regulations shall apply in the “A1” Agriculture Zone.
A. Use. No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged or maintained, except for the following uses, and when a “Supplemental Use District” is created by the provisions of Article 3 of this chapter, for such uses as may be permitted thereon.
One-Family dwellings.
(None).
(None).
Parks, playgrounds or community centers, owned and operated by the government agency.
Golf courses, except driving tees or ranges, miniature and pitch and putt courses having an average fairway length per hole of less than 125 yards, courses illuminated for nighttime play and similar
uses operated for commercial purposes. (Amended by Ord. No. 123,664, Eff. 3/10/63.)
Farming, nurseries, aviaries, and apiaries. (Amended by Ord. No. 181,188, Eff. 7/18/10.)
(Amended by Ord. No. 158,126, Eff. 8/22/83.) The keeping of equines, bovines, goats or other domestic livestock, and not to exceed five swine, and the keeping of poultry, fowl, rabbits, fish or frogs,
chinchillas and other small animals in conjunction with the residential use of the lot, provided:
(a) That these activities are not for commercial purposes, except that a maximum of two currently licensed equines not owned by the resident of the involved property may be boarded (for which
monetary compensation may be paid) or kept on that property as an accessory use, and except that chickens, rabbits or chinchillas may be kept for commercial purposes on lots of five acres or more.
(Amended by Ord. No. 161,352, Eff. 7/20/86.)
(b) The keeping of equines, bovines, goats or other domestic livestock shall be permitted only on lots having an area of 17,500 square feet or more. Where equines and/or bovines are being kept, the number kept shall not exceed one equine or bovine for each 4,000 square feet of lot area. (Amended by Ord. No. 159,341, Eff. 10/11/84.)
(None).
Any other similar uses or enterprises customarily carried on in the field of general agriculture and not obnoxious or detrimental to the public welfare.
Conditional uses enumerated in Sec. 12.24 of this Chapter when the location is approved pursuant to the provisions of Div. 13B.2. (Quasi-Judicial Review) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Accessory buildings including a private garage, accessory living quarters, servant’s quarters, recreation room, greenhouse, lathhouse, stable, barn, corral, pen, coop, building or room for packing products raised on the premises or other similar structure. Accessory living quarters, servant’s quarters, recreation room and a private garage, or any combination of such uses may be included in one building not exceeding two stories in height. (Amended by Ord. No. 122,543, Eff. 9/2/62.)
For location of accessory buildings, refer to Sec. 12.21 C. and Sec. 12.22 C.
Accessory uses. (Amended by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
One stand for the display and sale of only those products produced upon the same premises, provided that the plan for the construction of such stand is approved by the Department of Building and Safety; that it does not exceed an area of two hundred (200) square feet; and that it is located not nearer than ten (10) feet to any street or highway.
Name plates and signs as provided for in Sec. 12.21 A.7.
(Deleted by Ord. No. 171,687, Eff. 8/19/97.)
Home Occupations, subject to all of the following conditions and standards: (Added by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
(a) Conditions and Standards.
(1) No changes are made which alter the residential character or appearance of the dwelling unit or property in any manner which precludes its residential use. Activities associated with the
home occupation may not be visible from the outside of the dwelling unit, except for truck gardening. (Amended by Ord. No. 181,188, Eff. 7/18/10.)
(2) Notwithstanding Section 12.21 A.7. of this Code, signs and window or outside displays in connection with the home occupation are prohibited.
(3) The use shall be conducted within the main dwelling unit, except for truck gardening, and only by persons residing within the dwelling unit. However, no more than one person not residing on the premises may be employed to work on the premises as part of all of the home occupations. (Amended by Ord. No. 181,188, Eff. 7/18/10.)
(4) Parking provided for the building must continue to be maintained pursuant to Section 12.21 A.4.(m) of this Code.
(5) Visitors’ parked cars shall not displace or impede the use of required parking spaces.
(6) The home occupation shall not generate greater vehicular or pedestrian traffic than is normal for the district in which the home occupation is located.
(7) The use causes no public nuisance or disruption to the residential character of the neighborhood.
(8) No more than one client visit or one client vehicle per hour shall be permitted, and only from 8:00 a.m. to 8:00 p.m. for all of the home occupations. (Amended by Ord. No. 181,188, Eff. 7/18/10.)
(9) The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed one ton capacity, owned by the operator of the home occupation. There shall be no parking or storing of commercial vehicles on the site or on public streets in connection with the home occupation. As used herein, commercial vehicles are as defined in the California Vehicle Code and, in addition, shall include construction equipment or any other mobile paraphernalia used in connection with such use. No person shall store equipment including, but not limited to, trailers or trucks in excess of one ton or wheeled construction equipment on property zoned for residential purposes.
(10) Deliveries and pickups are limited to two per day for all of the home occupations carried on in the dwelling, and only to services which normally make deliveries to or pickups from households in residential areas.
(11) No material or mechanized equipment is utilized which is not associated with normal residential use.
(12) Incidental storage related to the home occupations may be located in the dwelling unit, but shall not be located in any open areas, covered patios or carports. However, an attached or detached garage, provided the required covered parking spaces are maintained, or a detached, fully enclosed accessory building may be used for incidental storage, but such storage area shall not exceed 400 square feet. (Amended by Ord. No. 171,696, Eff. 9/27/97.)
(13) Any advertising for the home occupation does not contain the address of the dwelling unit.
(14) No excessive noise in violation of the provisions of Sections 111.00, 112.00 and 114.00 of this Code is caused by the use, nor any excessive light, dust, fumes, vibration or electrical interference beyond that normally expected for a residential use.
(15) No “extremely hazardous substances,” as listed in Section 355 (Appendix A) of Title 40 of the Code of Federal Regulations, are used, sold or stored on the site; and no “hazardous materials,” as listed in Article 9, Title 22 of the California Health and Safety Code, are utilized except those associated with normal household use.
(16) No space or equipment used in the home occupation is rented out to other parties not residing on the premises.
(17) Any “industrial home work” (as defined by the California Labor Code) performed for an employer conforms to the provisions of Sections 2650 et seq. of the California Labor Code.
(18) The home occupation does not include any uses regulated under Section 12.24 or 12.27 of this Code.
(19) No sales or exchange of products, processing, manufacturing, display or servicing of any product is conducted on the premises, except for handicrafts, or intellectual or artistic products, or direct sales, or sales where the orders have been previously made by telephone, at a prior meeting or a sales party, and in accordance with the other standards of operation. Nothing in this section shall be construed as to permit other retail or wholesale sales in residential zones. Nor shall anything in this section be construed as allowing any type of on- site sales or distribution in connection with truck gardening. (Amended by Ord. No. 181,188, Eff. 7/18/10.)
(20) A person wishing to conduct a home occupation must obtain a City business license, if a license is required to perform the occupation, from the Office of Finance. (Amended by Ord.
No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
(21) (Deleted by Ord. No. 172,170, Eff. 9/27/98.)
Monies collected from registration fees and from any fines imposed for violations of these provisions shall be deposited in the Home Occupation Trust Fund established pursuant to Section 5.486 of the Los Angeles Administrative Code. The money in this account shall be used to offset the costs by the Department of Building and Safety and the City Clerk’s Office for administering the provisions of the home occupation ordinance.
(b) Prohibited Uses. Any use which disrupts, and is inconsistent with, the residential character of the neighborhood is prohibited. The following home occupations, including but not limited to other similar uses, and uses as determined by the Zoning Administrator are prohibited:
Adult entertainment
Ambulance service
Animal training
Automotive repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers and boats.
Beautician or barber
Body piercing
Dentist, except as a secondary office which is not used for the general practice of dentistry, but may be used for consultation and emergency treatment as an adjunct to a principal office
located elsewhere.
Funeral chapel or home
Firearms manufacturing or sales
Garment manufacturing
Gunsmith
Massage therapist, unless the therapist has procured a massage technician’s license and a massage business license, as needed, from the Los Angeles Police Department.
Medical physician (non- psychiatric), except as a secondary office which is not used for the general practice of medicine, but may be used for consultation and emergency treatment as an adjunct to a principal office located elsewhere.
Photography lab, other than for occupant’s own use.
Recording/motion picture/video production studios, except for editing of pre-recorded material.
Restaurant
Retail sales
Tattoo studio
Tow truck service
Upholstery
Veterinary services and other uses which entail the harboring, training, care, breeding, raising or grooming of dogs, cats, birds, or other domestic animals on the premises, except those
which are permitted by this article (other than those owned by the resident)
Welding or machine shop
Yoga/spa retreat center
(c) Authority of The Zoning Administrator. Notwithstanding any other provisions of this Code, the Zoning Administrator may require the discontinuance of a home occupation if the Zoning
Administrator finds that as operated or maintained there has been a violation of any of the conditions or standards set forth in this section pursuant to Sec. 13B.6.2. (Nuisance Abatement/Revocation)
of Chapter 1A of this Code. The Zoning Administrator shall have the authority to prescribe additional conditions and standards of operation for any category of home occupation that may require
additional conditions. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(d) Administrative Fines. An administrative fine of $250.00 may be collected by the Department of Building and Safety for any violation of the conditions and standards of Section 12.05 A.16.
(a) and administrative fines of $500.00 may be collected for repeated violations pursuant to the following provisions. These administrative fine provisions are in addition to any other fines and
penalties authorized by law. It shall be unlawful to conduct any home occupation as set forth in Section 12.05 A.16.(b) of this Code.
(1) Definitions. As used in this subparagraph the term “Superintendent” means the Superintendent of the Department of Building and Safety. The term “Department” means the
Department of Building and Safety.
(2) Order to Comply. For any home occupation found to be in violation of Section 12.05 A.16.(a) of this Code, the Superintendent shall send an Order to Comply to the operator of the
home occupation use. The Order to Comply shall clearly state the following:
(i) The violation must be corrected by a Compliance Date specified in the Order, which date shall be no more than 15 days from the date the Order is mailed.
(ii) Failure to correct the violation on or before the Compliance Date may result in the imposition of an administrative fine in the amount of $250.00.
(3) Reinspection. The Superintendent shall reinspect a property for which an Order to Comply was issued pursuant to this paragraph subsequent to the Compliance Date.
(4) Failure to Correct Violation. If any violation specified in the Order to Comply is not corrected prior to the Compliance Date as specified in the Order to Comply, an administrative fine of $250.00 may be collected by the Department.
If the Department determines that a fine is due, then it shall notify the person cited by United States mail in a sealed envelope, with postage paid. If the person cited is the owner of the
property, the notice shall be addressed to the last known address of the owner as that address appears in the last equalized assessment roll. If the person to be cited is a tenant, the notice shall
be addressed to the location where the home occupation is being conducted. Service of the notice shall be deemed to have been completed at the time of deposit with the United States Postal Service.
The person cited shall remit the fine to the Department within 30 days after the date of mailing of the notice. If the person cited fails to do so, then the Department, by sending a second notification by certified mail, may demand payment of the fine from the person cited and may prohibit the issuance of any building permit, license or approval to the cited persons until such fees are paid.
(5) Repeated Violations. Notwithstanding any provision of this subsection to the contrary, if an Order to Comply is issued for a violation of Section 12.05 A.16., and after compliance with it a subsequent Order to Comply is issued for a violation of the same section of this Code occurring within one year of the date of the initial Order, an administrative fine of $500.00 may be
collected by the Department.
(6) Discontinuance of Use. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Three violations of any condition set forth in Section 12.05 A.16.(a) of this Code which has resulted in an Order to Comply being issued under Paragraph (d)(2) may result in the imposition of proceedings to discontinue the home occupation use. The Director shall have jurisdiction to
discontinue a home occupation use by giving notice to the record owner of the home occupation by issuing A Notice of Intention to Discontinue the Home Occupation (Notice). The Notice shall provide an opportunity for the home occupation user to either
(a) submit information to the Director by a date certain to show cause why the home occupation should not be discontinued or
(b) appear at a time and place before the Director pursuant to the procedures prescribed in Section 12.24 of the Code to show cause why the use should not be discontinued.
Upon the expiration of the time periods set forth in the Notice, the Director may discontinue the home occupation use.
(e) Truck Gardening. Truck gardening shall be subject to the provisions of this subdivision if the main use of the lot is a dwelling. (Added by Ord. No. 181,188, Eff. 7/18/10.)
B. Restriction. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) For any lot designated as Public, Quasi-Public, Public/Quasi- Public Use, Other Public, or Open Space on the land use map of the applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of- way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings:
Any of the uses permitted by Subsection A. of this section shall require prior approval in accordance with the provisions of Section 12.24.1 of this Code.
C. Area. No building or structure nor the enlargement of any building or structure shall be hereafter erected or maintained unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement.
Front Yard. There shall be a front yard of not less than twenty (20) percent of the depth of the lot, but such front yard need not exceed twenty-five (25) feet.
Side Yards. There shall be a side yard on each side of a main building of not less than ten (10) percent of the width of the lot, but such side yard need not exceed twenty-five (25) feet and shall not be less than three (3) feet in width.
Rear Yard. There shall be a rear yard of not less than twenty-five (25) percent of the depth of the lot, but such rear yard need not exceed twenty-five (25) feet.
- Lot Area. (Amended by Ord. No. 150,624, Eff. 4/13/78.) Every lot farm or other parcel of land shall have a minimum average width of 300 feet and a minimum area of five acres for all uses
permitted in this section, except that:
(a) The lot area for goat or cattle dairies shall not be less than 20 acres.
(b) The lot area per dwelling unit shall be not less than two and one-half acres, but in no case shall more than two dwellings be permitted on any one lot.
In no case shall a farm or other parcel of land be reduced to less than five acres. Provided, that where a lot has less width or less area than herein required and was held under separate ownership or
was of record at the time this article became effective, such lot may be occupied by any use permitted in this section, except for those uses as set forth in Subdivision 5. of Subsection A. of this section.
Exceptions to area regulations are provided for in Section 12.22 C.
SEC. 12.06. “A2” AGRICULTURAL ZONE.¶
The following regulations apply in the “A2” Agricultural Zone:
A. Use. No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged, or maintained, except for the following uses, and, when a “Supplemental Use District” is created by the provisions of Article 3 of this chapter, for such uses as may be permitted therein.
Any use permitted in the “A1” Zone, provided that all such uses, except those specified in Paragraph 2. below, shall conform to all the regulations of said Zone.
Any of the following uses, which need conform only to the regulations of this section:
(a) One-family dwellings.
(b) (None)
(c) (None)
(d) Parks, playgrounds or community centers, owned and operated by a governmental agency.
(e) Golf courses, except driving tees or ranges, miniature and pitch and putt courses having an average fairway length per hole of less than 125 yards, courses illuminated for nighttime play and
similar uses operated for commercial purposes. (Amended by Ord. No. 123,664, Eff. 3/10/63.)
(f) Farming, nurseries, aviaries, and apiaries. (Amended by Ord. No. 181,188, Eff. 7/18/10.)
(g) (Amended by Ord. No. 158,156, Eff. 8/22/83.) The keeping of equines, bovines, goats or other domestic livestock (other than swine), poultry, fowl, rabbits, fish or frogs, chinchillas and other
small animals, in conjunction with the residential use of the lot provided:
(1) That these activities are not for commercial purposes, except that a maximum of two currently licensed equines not owned by the resident of the involved property may be boarded (for
which monetary compensation may be paid) or kept on the property as an accessory use, and except that chickens, rabbits and chinchillas may be kept for commercial purposes on lots of five acres or more. (Amended by Ord. No. 161,352, Eff. 7/20/86.)
(2) The keeping of equines, bovines, goats or other domestic livestock (other than swine) shall be permitted only on lots having an area of 17,500 square feet or more. Where equines
and/or bovines are being kept, the number kept shall not exceed one equine or bovine for each 4,000 square feet of lot area. (Amended by Ord. No. 159,341, Eff. 10/11/84.)
(h) (Amended by Ord. No. 122,543, Eff. 9/2/62.) Accessory buildings, including a private garage, accessory living quarters, servant’s quarters, recreation room, greenhouse, lathhouse, stable,
barn, corral, pen, coop, building or room for packing products raised on the premises or other similar structure. Accessory living quarters, servant’s quarters, recreation room and private garage, or any combination of such uses may be included in one building not exceeding two stories in height.
For location of accessory buildings, refer to Sec. 12.21 C. and Sec. 12.22 C.
(i) Accessory uses and home occupations, subject to the conditions specified in Section 12.05 A.16. of this Code. (Amended by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
(j) Name plates and signs as provided for in Sec. 12.21 A.7.
B. Restriction. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) For any lot designated as Public, Quasi-Public, Public/Quasi-Public Use, Other Public, or Open Space on the land use map of the applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of- way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings:
Any of the uses permitted by Subsection A. of this section shall require prior approval in accordance with the provisions of Section 12.24.1 of this Code.
C. Area. No building or structure nor the enlargement of any building or structure shall be hereafter erected or maintained unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement:
Yards – Front, side and rear, same as required in “A1” Zone — Sec. 12.05 C.
Lot Area (Amended by Ord. No. 123,664, Eff. 3/10/63.) Every lot, farm or other parcel of land shall have a minimum average width of 150 feet and a minimum area of two acres for all uses
permitted in this section, except as otherwise required in Subsection A. of this section. The lot area per dwelling unit shall not be less than one acre, and in no case shall more than two dwellings be permitted on any one lot.
In no case shall a farm or other parcel of land be reduced to less than two acres. Provided, that where a lot has less width or less area than herein required and was held under separate ownership or was of
record at the time this article became effective, such lot may be occupied by any use permitted in this section, except for those uses requiring five or 20 acres, as set forth in Subsection A. of this section.
Exceptions to area regulations are provided for in Section 12.22 C.
SEC. 12.10. “R3” MULTIPLE DWELLING ZONE.¶
The following regulations shall apply in the “R3” Multiple Dwelling Zone:
A. Use – No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged, or maintained, except for the following uses, and, when a “Supplemental Use District” is created by the provisions of Article 3 of this chapter, for such uses as may be permitted therein:
Any use permitted in the “R2” Two- family Zone.
Group dwellings.
Multiple dwellings.
Apartment houses. (Added by Ord. No. 107,884, Eff. 9/23/56.)
Boarding houses, rooming houses or light housekeeping rooms. (Amended by Ord. No. 113,548, Eff. 6/28/59.)
5.5.¶
Child care facilities for not more than 20 children. (Added by No. 145,474, Eff. 3/2/74.)
Accessory uses and home occupations, subject to the conditions specified in Section 12.05 A.16. of this Code. (Amended by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
(None)
Accessory buildings – Same as R1 Zone – Sec. 12.08 A. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(Deleted by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
Name plates and signs, and required automobile parking spaces as provided for in Section 12.21 A. of this Code. (Amended by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
Senior Independent Housing. (Added by Ord. No. 178,063, Eff. 12/30/06.)
Assisted Living Care Housing. (Added by Ord. No. 178,063, Eff. 12/30/06.)
B. Restriction. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) For any lot designated as Public, Quasi-Public, Public/Quasi-Public Use, Other Public, or Open Space on the land use map of the
applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of- way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings:
Any of the uses permitted by Subsection A. of this section shall require prior approval in accordance with the provisions of Section 12.24.1 of this Code.
C. Area – No building or structure nor the enlargement of any building or structure shall be hereafter erected or maintained unless the following yards and lot areas are provided and maintained in connection
with such building, structure or enlargement:
Front Yard – There shall be a front yard of not less than 15 feet; provided, however, that on key lots the minimum front yard shall be 10 feet. (Amended by Ord. No. 138,744, Eff. 12/24/69.)
Side Yards – For a main building not more than two stories in height there shall be a side yard on each side of said building of not less than five feet, except that where the lot is less than 50 feet in
width, the side yard may be reduced to 10% of the width of the lot, but in no event to less than three feet in width. For a building more than two stories in height, one foot shall be added to the width of such side yard for each additional story above the second story, but in no event shall a side yard of more than 16 feet in width be required. (Amended by Ord. No. 110,225, Eff. 11/23/57.)
Rear Yard – There shall be a rear yard of not less than 15 feet in depth. (Amended by Ord. No. 121,925, Eff. 6/4/62.)
Lot Area – (Amended by Ord. No. 174,994, Eff. 1/15/03.) Every lot shall have a minimum width of 50 feet and a minimum area of 5,000 square feet. The minimum lot area per dwelling unit shall be
800 square feet.
However, where a lot has a width of less than 50 feet or an area of less than 5,000 square feet and was held under separate ownership or was of record as of September 23, 1956, and the lot was created in conformance with the Subdivision Map Act, the lot may be occupied by any use permitted in this section, except for those uses explicitly requiring more than 5,000 square feet of lot area. In no case, however, shall more than two dwelling units be permitted where a lot has an area of less than 4,000 square feet.
The minimum lot area per guest room shall be 500 square feet.
Exceptions to area regulations are provided for in Section 12.22 C.
- Minimum Density. A minimum density of one Dwelling Unit or Guest Room, inclusive of Accessory Dwelling Units, for every 2,000 square feet of lot area is required for every Housing
Development Project on lots meeting the minimum width and lot area requirements for the zone, prior to any subdivision, except when Section 12.22 C.28. applies. The minimum density calculation shall be rounded up to the nearest unit to ensure the minimum density standard is met. If the minimum lot area per Dwelling Unit or Guest Room for the zone does not allow for construction of the required minimum density, the minimum density shall not apply. (Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25.)
SEC. 12.10.5. RAS3 RESIDENTIAL/ACCESSORY SERVICES ZONE PURPOSE STATEMENT.¶
(Added by Ord. No. 174,999, Eff. 1/15/03.)
The purpose of this zone is to provide a mechanism to increase housing opportunities, enhance neighborhoods, and revitalize older commercial corridors. The RAS3 Zone is intended to provide a tool to accommodate projected population growth in mixed use and residential projects that is compatible with existing residential neighborhoods.
The following regulations shall apply in the RAS3 Residential/Accessory Services Zone:
A. Use. No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged, or maintained, except for the following uses:
- Any use permitted in the “R3” Multiple Dwelling Zone.
- The following uses when located on the ground floor of any residential building permitted in the “R3” Multiple Dwelling Zone when conducted in accordance with the limitations specified in
Subsection B., below:
(a) Bakery goods shop;
(b) Bank;
(c) Barber shop or beauty parlor;
(d) Book or stationery store;
(e) Childcare facility;
(f) Clothes cleaning agency or pressing establishment (excluding chemical processing);
(g) Clothing store;
(h) Clubs or lodges, bridge clubs, fraternal or religious associations;
(i) Community facilities as defined in Section 13.09 B.3.;
(j) Recreation centers owned and operated by governmental agencies;
(k) Confectionery stores;
(l) Counseling and referral facilities;
(m) Custom dressmaking or millinery stores;
(n) Drug stores or pharmacies;
(o) Dry goods or notions stores;
(p) Florist or gift shops;
(q) Grocery, fruit, or vegetable stores;
(r) Hardware or electric appliance stores (no repairs on premises);
(s) Jewelry stores;
(t) Joint Live/work quarters;
(u) Meat markets or delicatessens;
(v) Offices, business or professional;
(w) Photographer;
(x) Property management office;
(y) Restaurants, tea rooms or cafes (excluding dancing or entertainment and excluding restaurants with drive-through services);
(z) Schools;
(aa) Shoe stores or shoe repair stores;
(bb) Laundries or cleaning establishments or a self-service type, using only automatic machines with non- flammable cleaning fluid;
(cc) Other uses similar to the above list, when determined as provided for in Section 12.21 A.2.;
(dd) Uses (not involving open storage) customarily incident to any of the above- named uses and accessory buildings (including storage garages) when located on the same lot. Automobile parking space required in connection with permitted uses as provided for in Section 12.21 A.4.;
(ee) Facilities for the development of software (including the reproduction of software and data) and other computer and media-related projects and services, not including hardware.
- Uses permitted in a “Supplemental Use District” when created pursuant to the provisions of Article 3 of this chapter.
B. Restrictions and Limitations.
All merchandise shall be new and shall be sold at retail only.
All activities are conducted wholly within an enclosed building, except that restaurants may have Outdoor Dining Areas. (Amended by Ord. No. 188,073, Eff. 1/31/24.)
All products produced, whether primary or incidental, are sold on the premises, and not more than five persons are engaged in the production or in servicing of materials.
Notwithstanding the provisions of Section 12.21 A.7., each tenant space may only have one exterior wall sign or projecting sign, not exceeding 20 feet square feet in area, provided the sign does not extend more than two feet beyond the wall of the building, and does not project above the floor of the story immediately above the ground floor. Signs shall not be internally illuminated.
Prior approval in accordance with the provisions of Section 12.24.1 shall be required for any lot designated as Public, Quasi-Public, Public/Quasi-Public Use, other Public, or Open Space on the land use map of the applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of-way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings.
C. Area. No building or structure nor the enlargement of any building or structure shall be erected or maintained unless the following yards and lot areas are provided and maintained in connection with the building, structure or enlargement.
- Front Yard. There shall be a front yard of not less than five feet in depth, except that where the adjoining building on each side maintains a front yard of less than five feet in depth, the required front yard shall be the average of the front yards of the existing building or buildings.
- Side Yard. Not required for the ground floor portion of buildings, when the ground floor is used exclusively for commercial purposes. For all portions of buildings erected and used for residential
purposes, there shall be side yards of not less than five feet in width along the residential potion of the perimeter of the building.
Rear Yard. There shall be a rear yard of not less than 15 feet in depth when the subject property is located adjacent to property zoned RD or more restrictive, otherwise there shall be a rear yard of not less than five feet in depth. 4. Lot Area. Every lot shall have a minimum width of 50 feet and a minimum area of 5,000 square feet. The minimum lot area per dwelling unit shall be 800 square feet of lot area for each dwelling unit. Provided, that where a lot has a width of less than 50 feet or an area of less than 5,000 square feet and was held under separate ownership or was of record as of September 23, 1956, and the lot was created in conformance with the Subdivision Map Act, the lot may be occupied by any use permitted in this section, except for those uses explicitly requiring more than 5,000 square feet of lot area, and the lot area per dwelling unit shall be not less than 800 square feet. In no case, however, shall more than two dwelling units be permitted where a lot has an area of less than 4,000 square feet. The minimum lot area per guest room shall be 200 square feet. Exceptions to area regulations are provided for in Section 12.22 C. 5. Loading Space. A loading space shall be provided in accordance with Section 12.21 C.6. for any building that contains a commercial use on the ground floor.
Minimum Density. A minimum density of one Dwelling Unit or Guest Room, inclusive of Accessory Dwelling Units, for every 2,000 square feet of lot area is required for every Housing Development Project on lots meeting the minimum width and lot area requirements for the zone, prior to any subdivision, except when Section 12.22 C.28. applies. The minimum density calculation shall be rounded up to the nearest unit to ensure the minimum density standard is met. If the minimum lot area per Dwelling Unit or Guest Room for the zone does not allow for construction of the required minimum density, the minimum density shall not apply. (Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25.)
4.5.¶
Any single family dwelling, two- family dwelling or apartment house use permitted in the R4 Multiple Dwelling Zone provided that all the regulations of said zone are complied with. (Added by
Ord. No. 148,783, Eff. 10/14/76.)
School, elementary or high, or educational institution.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Signs indicating the name of the person, business, or the type of business occupying the premises, or the
name of the building. Such signs shall be attached to a building and all letters, lights and other identification matter shall be confined to only one surface of the sign, which surface shall be parallel with and facing the front lot line; except that on a corner lot such signs may be placed on a building so that the surface on which the identification matter is confined, is parallel with the side street lot line, or where a building is constructed with a diagonal or curved wall facing the adjacent street intersection, the signs may be attached to such wall so that the surface, on which the identification matter is confined, is parallel thereto. No portion of any sign on a lot shall extend along the side street more than 50 feet from the principal street upon which said lot abuts (for the determination of the principal street, refer to Subsection C of this section).
No portion of any such sign shall project more than 12 inches beyond the wall of the building nor project above the roof ridge or parapet wall (whichever is the higher) of the building.
A Zoning Administrator shall determine the application of these regulations concerning the required placement of signs, where such regulations are difficult to apply because of the unusual design of a building or its location on the lot, or because of the odd shape of the lot.
Provided, however, that any name plate or sign permitted on a lot in an R Zone by Section 12.21 A.7. of this Chapter shall likewise be permitted on a lot in a CR Zone containing no building or structure.
- Conditional uses enumerated in Section 12.24 of this Chapter when approved pursuant to Div. 13B.2. (Quasi-Judicial Review) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff.
1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
- Other uses similar to those listed in this subsection, when determined by a Zoning Administrator, as provided for in Section 12.21 A.2., but not including stores, shops or other establishments where
goods, wares or merchandise are displayed, sold or serviced.
Uses (not involving open storage) customarily incident to any of the above uses, and accessory buildings (including storage garages), when located on the same lot.
Automobile parking space required as provided in Section 12.21 A.4. in connection with all uses permitted in this zone.
(Deleted by Ord. No. 171,687, Eff. 8/19/97.)
Mini-shopping centers which comply with the provisions of Section 12.22 A.23. (Added by Ord. No. 164,201, Eff. 1/10/89.)
- Restaurant, when conducted within a permitted office building, provided: that entrances to the restaurant are located inside of the building; that no sign or other form of advertising is visible from
outside the office building; that no sign or other form of advertising is utilized in any manner whatsoever outside of the building as a means of advertising the restaurant; that the restaurant remains open for business only between the hours of 7 a.m. to 8 p.m., Monday through Saturday; and that no entertainment or dancing is conducted or permitted. Notwithstanding the foregoing, Outdoor Dining Areas are permitted. (Amended by Ord. No. 188,073, Eff. 1/31/24.)
- Wireless antennas, including the associated equipment cabinets, located on the rooftops of buildings when established in conformance with the standards contained in Section 12.21 A.21. of this
Code, and which are not located within a scenic parkway specific plan, scenic corridor specific plan, a roadway designated as a scenic highway within a specific plan area; or on the rooftops of buildings that are designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historic Resources, the City of Los Angeles List of Historic-Cultural Monuments, or a Contributing Structure located in an Historic Preservation Overlay Zone (HPOZ) that has been established pursuant to Section 12.20.3 of this Code. (Added by Ord. No. 177,120, Eff. 12/26/05.)
B. Restriction. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) For any lot designated as Public, Quasi-Public, Public/Quasi- Public Use, Other Public, or Open Space on the land use map of the applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of- way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings:
Any of the uses permitted by Subsection A. of this section shall require prior approval in accordance with the provisions of Section 12.24.1 of this Code.
C. Area. (Amended by Ord. No. 144,365, Eff. 4/5/73 Operative, 9/1/73.) No building nor structure nor the enlargement of any building or structure shall be erected or maintained unless the following yards, lot areas and loading spaces are provided and maintained in connection with such building, structure or enlargement.
In applying the provisions of this section, the front lot line of a corner lot shall be the line separating said lot from the principal street upon which it abuts. Where said lot abuts upon a major or secondary highway such highway shall be construed as being the principal street. Where a lot abuts upon two or more highways, and in all other cases, a Zoning Administrator shall determine which street is the principal street.
Front Yard – There shall be a front yard of not less than 10 feet in depth.
Side Yards – Side yards shall be required only in the following instances:
(a) Along the side street lot line of every corner lot in the CR Zone.
(b) Where the side lot line of the lot in the CR Zone abuts upon the side of a lot in an A or R Zone.
(c) For all portions of buildings erected and used for residential purposes.
The width of the yard required along the side street lot line shall be not less than 10 percent of the lot width but need not exceed 10 feet and shall not be less than five feet.
The width of the yard abutting an A or R Zone or required for buildings erected and used for residential purposes shall be not less than 10 percent of the lot width, but need not exceed five feet and shall be not less than three feet. One foot shall be added to the width of such side for each story above the second story, but such side yard need not exceed 16 feet in width.
- Rear Yards – There shall be a rear yard of not less than 15 feet in depth. One foot shall be added to the depth of such rear yard for each additional story above the third story.
- Lot Area – The lot area requirements of the R4 Zone (Section 12.11 C.4.) shall apply to all portions of buildings erected and used for residential purposes. (Amended by Ord. No. 148,783, Eff.
10/13/76.)
Loading Space – As required by Section 12.21 C.6. Exceptions to area regulations are provided in Section 12.22 C.
- Minimum Density. A minimum density of one Dwelling Unit or Guest Room, inclusive of Accessory Dwelling Units, for every 2,000 square feet of lot area is required for Housing Development
Project on lots meeting the minimum width and lot area requirements for the zone, prior to any subdivision, except when Section 12.22 C.28. applies. The minimum density calculation shall be rounded up to the nearest unit to ensure the minimum density standard is met. If the minimum lot area per Dwelling Unit or Guest Room for the zone does not allow for construction of the required minimum density, the
minimum density shall not apply. (Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25.)
SEC. 12.14. “C2” COMMERCIAL ZONE.¶
The following regulations shall apply in the “C2” Commercial Zone:
A. Use – No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged or maintained, except for the following uses, and when a “Supplemental Use District” is created by the provisions of Article 3 of this chapter, for such uses as may be permitted therein:
The following stores, shops or businesses when conducted in accordance with the limitations hereafter specified:
(a) Types of uses:
(1) Any use permitted in the C1.5 Limited Commercial Zone by Section 12.13.5 A.2. of this Code or in the C1 Limited Commercial Zone by Section 12.13 A.2. of this Code. (Added by
Ord. No. 156,924, Eff. 8/23/82.)
(2) Art or antique shop.
(3) Bird store or taxidermist, or a pet shop for the keeping or sale of domestic or wild animals, other than those wild animals specified in the definition of “Accessory Use” as set forth in
Section 12.03 of this Code, under an appropriate permit issued by the Department of Animal Services as provided in Section 53.38 of this Code. (Amended by Ord. No. 174,735, Eff. 9/13/02.)
(4) Carpenter, plumbing or sheet metal shop.
(5) Catering shop.
(6) Feed and fuel store.
(7) Interior decorating or upholstering shop.
(8) Sign painting shop.
(9) Tire shop, provided the tire shop is in compliance with all of the development standards and operating conditions set forth in Section 12.22 A.28. of this Code. (Amended by Ord. No.
178,382, Eff. 3/24/07.)
(10) Restaurant, tea room or cafe (including entertainment other than dancing) or a restaurant with an Outdoor Dining Area. (Amended by Ord. No. 188,073, Eff. 1/31/24.)
(b) Limitations:
(1) Any of the stores, shops or business listed in Paragraph (a) may be operated as a retail business, i.e., where the majority of the merchandise sold during each calendar month is sold at
retail.
As an integral part of any such retail business, there may be manufacturing of products, or assembling, compounding, processing or treating of materials; providing that the majority of such
products and materials sold during each calendar month are also sold at retail; that not more than five persons are engaged in such manufacturing of products and assembling, compounding,
processing or treating of materials, and that such products, materials and all activities in connection therewith, are not objectionable due to odor, dust, smoke, noise, vibration or other causes.
(2) Any of the stores, shops or businesses listed in Paragraph (a) may be operated as a wholesale business, i.e., where the majority of the merchandise sold during each calendar month is
sold at wholesale. The total area of all space used for storage on the premises in connection with any one such business shall not exceed 4,500 square feet. Such limitation shall include all
storage space within a building, and all open storage space as provided for in subdivision 42. of this section. No manufacturing of products nor assembly, compounding, processing or treating
of materials shall be conducted in connection therewith.
(3) In connection with the stores, shops or businesses listed in Paragraph (a) all activities, other than incidental storage and outdoor eating areas for ground floor restaurants, shall be
conducted wholly within a completely enclosed building. (Amended by Ord. No. 165,403, Eff. 2/17/90.)
(4) Any Pet Shop where four or more dogs that are each at least four months of age are kept or maintained shall comply with the following: (Added by Ord. No. 186,372, Eff. 12/10/19.)
(i) Development Standards:
a. The total number of adult dogs and/or cats in a Pet Shop shall not exceed one for every 45 square feet of floor area of the
facility, rounded up to the nearest whole number, up to a maximum of 40 adult dogs and/or cats.
b. Animal boarding areas shall not occupy the first 25 percent of the depth of the portion of the building used as a Pet Shop, or the first 25 feet, whichever is less, as
measured from the front of the shop; and animal boarding areas shall be separated from retail, grooming, or food storage areas. This limitation shall not apply to animal display
areas.
c. Onsite activities related to keeping or maintaining animals, including, but not limited to, grooming or feeding, shall be conducted wholly within an enclosed building.
d. Outdoor dog runs and training activities are not permitted.
(ii) Operation Standards:
a. Animals shall not be left outside at any time. This shall not preclude dogs being brought in and out for walks.
b. Where a Pet Shop has an entrance on any side that abuts, has a common corner with, or is across a public right-of- way from any residentially zoned land, pets can only be brought through that entrance between 7 a.m. to 9 p.m. daily.
c. The operator shall submit the proposed dog walking route(s) to the Department of Animal Services for review and approval.
d. The maximum number of dogs to be walked by one caretaker at the same time shall be limited to the number that can be safely controlled by the caretaker, not to exceed
three dogs at one time. Any dog defecation generated during dog walking shall be removed immediately and disposed of properly.
e. No unreasonable noise or odor shall be detectible beyond the property line. Sound proofing material and/ or air filtration systems shall be used when such measures are
deemed necessary by the Department of Animal Services.
Advertising signs or structures and billboards.
(Amended by Ord. No. 168,516, Eff. 2/14/93.) Amusement enterprises, including a billiard or pool hall use, whether primary or ancillary to the subject business, bowling alley, games of skill and science, penny arcades (except those containing more than four coin or slug- operated or electrically, electronically or mechanically controlled game machines), shooting gallery, skating rink and the like, if all activities other than incidental storage are conducted wholly within a completely enclosed building, provided that:
(a) Billiard or pool hall use, whether primary or ancillary to the subject business, other than those located in a mini-shopping center and subject to conditional use approval pursuant to Section
12.24 W.27., shall also be subject to the following conditions: (Amended by Ord. No. 173,492, Eff. 10/10/00.)
(1) The billiard or pool hall use shall be located at least 500 feet from an A or R zone; and
(2) The billiard or pool hall use shall not be open for business or operate between the hours of 2:00 a.m. and 6:00 a.m.
Any use permitted in the C1.5 Limited Commercial Zone provided that all regulations and limitations of the C1.5 Limited Commercial Zone are complied with except as provided in this section. (Amended by Ord. No. 156,994, Eff. 9/25/82.)
Auditoriums having a seating capacity for not more than three thousand (3,000) people.
(Amended by Ord. No. 169,584, Eff. 4/23/94.) Automotive fueling and service station, provided that:
(a) (Amended by Ord. No. 172,468, Eff. 4/1/99.) All tire and tube repairing, battery servicing, automotive lubrication, mechanical adjustments and other vehicle maintenance activities shall be
conducted wholly within a building, except for:
(1) Those servicing operations which are normally made in the area immediately adjacent to the pump island; and
(2) The following services when conducted within the first 18 feet in depth measured perpendicular to the entire length of the building wall containing a garage bay door, provided said area shall not displace any required parking:
(i) electrical diagnostics;
(ii) battery charging and changing; and
(iii) tire removal and replacement, if the vehicle is elevated no more than 12 inches off the ground measured to the bottom of the tire. A portable hoist may be used for this function.
Except as provided in (2)(iii) above, automotive hoists of any type or size shall be located or operated only inside a building.
(b) A six-foot high concrete or masonry wall, for the entire length of the property line, shall be constructed on any lot line which abuts an “A” or “R” Zone, or is separated therefrom only by an
alley provided, however, that for a distance of 15 feet from the intersection of the lot line with the street, said wall shall be only 3 feet 6 inches high, and provided further, that where a lot line abuts an alley and the alley is used for ingress and egress the wall may be omitted for a distance not to exceed 25 feet from the intersection of said lot line with the street. Such walls shall be without openings and shall be of solid masonry or concrete with a minimum nominal thickness of 6 inches. Such walls shall be protected from damage or destruction by automobiles by the erection or installation of wheel blocks, guard rails or other appropriate devices on the property.
(c) No driveway approach shall be located within five feet of any property line abutting in an “A” or “R” Zone, said distance to be measured from the intersection of the lot line with the street to
the far side of the nearest side slope of the driveway.
(d) No part of any pump island shall be located within 12 feet of any street.
(e) Display and/or storage of merchandise for sale, must be confined to the rear half of the lot measured from all street frontages, except that display of automotive merchandise for sale shall be
permitted in enclosed buildings, on the pump islands, in the open within three feet of the exterior walls of the main building, and is not more than two portable or semi- portable cabinets, provided each of said cabinets shall not exceed 6 feet in height, nor exceed 40 square feet in base area, and provided further that said cabinets are located not less than 50 feet from all street lines. The display, rental and/or storage of household moving rental trucks and/or utility rental trailers as defined in Section 12.03 of this Code shall also be permitted in connection with an automobile service station, which is currently active in dispensing gasoline and oil to the general public, and pursuant to the following restrictions:
(1) If the adjoining property, on any two of the three sides of the involved parcel not abutting the main street is in the C1.5, C2, C4 or C5 zone, then up to 10% of the lot area may be used for the display, rental, and/or storage of household moving rental trucks or utility rental trailers.
(2) If the adjoining property, on any two of the three sides of the involved parcel not abutting the main street is in the CM or a less restrictive zone, then up to 25% of the lot area may be
used for the display, rental, and/or storage of household moving rental trucks or utility rental trailers.
No storage, display or rental of household moving rental trucks or utility rental trailers permitted by Subparagraphs 1. and 2. above shall take place within 25 feet of a residential zone.
Except for the storage, display or rental of household moving rental trucks and utility rental trailers permitted herein, there shall be no rental, storage or storage for rental purposes of
equipment commonly used by contractors or commercial vehicles which exceed a registered net weight of 5,600 pounds.
(f) Except as permitted in Subsection (e) hereof, open-air storage of merchandise or materials, including rubbish containers, used tires, used batteries and items of a similar nature must be confined
to a storage area completely enclosed by a solid, non- combustible wall or fence (with necessary self-closing gates) six feet in height. Said storage area must be at least 150 square feet in area. No
merchandise or material shall be stored higher than said wall or fence.
(g) Lights used to illuminate the service station site shall be arranged so as to reflect the light away from the adjacent premises in an “A” or “R” Zone and the light standard for such lights shall not
exceed 20 feet in height.
(h) (Repealed by Ord. No. 169,130, Eff. 12/16/93.)
(i) (Repealed by Ord. No. 169,130, Eff. 12/16/93.)
(j) Notwithstanding Section 12.24 W.27. of this Code, the automotive fueling station use shall be in compliance with all of the development standards and operating conditions set forth in Section
12.22 A.28. of this Code. (Added by Ord. No. 178,382, Eff. 3/24/07.)
- (Amended by Ord. No. 178,382, Eff. 3/24/07.) Used automobile and trailer sales area, provided the used automobile and trailer sales area is in compliance with all of the development standards and operating conditions set forth in Section 12.22 A.28. of this Code.
New automobile sales area and a secondary used automobile sales area, provided that all of the following conditions are met:
(a) The lot containing the automobile sales areas is located and developed in compliance with the provisions set forth in Section 12.21 A.6. of this Code.
(b) Any incidental repair of automobiles shall be done within a building.
Baseball or football stadiums or boxing arenas, having a seating capacity for not more than three thousand (3,000) people.
Automotive laundry or wash rack, provided the automotive laundry or wash rack is in compliance with all of the development standards and operating conditions set forth in Section 12.22 A.28. of this Code. (Amended by Ord. No. 178,382, Eff. 3/24/07.)
Church. (Added by Ord. No. 145,250, Eff. 12/24/73.)
(Deleted by Ord. No. 171,687, Eff. 8/19/97.)
Film and tape editing and motion picture reconstruction, provided that only safety film is used; and projection and screening rooms associated with such uses shall seat no more than 100 persons. (Added by Ord. No. 162,514, Eff. 7/31/87.)
Circus or amusement enterprise of a similar type, transient in character.
(Amended by Ord. No. 173,492, Eff. 10/10/00.) Drive-in businesses, including theaters, refreshment stands, restaurants, food stores, and the like when not subject to the conditional use requirements of Section 12.24 W.
Ferris wheels, carrousels, merry-go- rounds, and the like.
Film exchange.
Hospitals, sanitariums or clinics, except animal hospitals, when located as required by Section 12.21 D.
Ice storage house, not more than five (5) tons capacity.
Medical or dental clinics and laboratories.
Music conservatory or music instruction.
Newsstand.
Nursery, flower or plant, provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building.
Parcel delivery service, branch, if all activities including storage and loading and unloading, are conducted within a completely enclosed building.
Parking buildings and all buildings containing automobile parking as primary or accessory uses. All buildings containing automobile parking shall be subject to the requirements of Sections 12.21 A.5. and 12.12.1.5 A. of this Code. (Amended by Ord. No. 160,273, Eff. 9/16/85.)
Pony riding ring, without stables.
Printing, publishing or lithographing establishments.
Automotive repair, provided the automotive repair is in compliance with all of the development standards and operating conditions set forth in Section 12.22 A.28. of this Code. (Amended by Ord. No. 178,382, Eff. 3/24/07.)
(None)
Public services, including electric distributing substation, fire or police station, telephone exchange, and the like.
Second-hand store, except pawnshops, if all activities other than incidental storage are conducted wholly within a completely enclosed building. (Amended by Ord. No. 171,257, Eff. 10/4/96.)
(Repealed by Ord. No. 173,979, Eff. 6/29/01.)
Studios (except motion picture).
School (elementary or high), educational institution, or private school. (Added by Ord. No. 145,250, Eff. 12/24/73.)
(Amended by Ord. No. 173,492, Eff. 10/10/00.) Indoor swap meets when authorized pursuant to the provisions of Section 12.24 W.42.
Trade school, if not objectionable due to noise, odor, vibration, or other similar causes.
Wedding chapel, rescue mission or temporary revival church.
Massage parlor, where massage, alcohol rub, formentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California, and including an athletic club, health club, school, gymnasium, state licensed cosmetology or barber establishment, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (Added by Ord. No. 155,718, Eff. 8/6/81.)
Laundries or cleaning establishment, provided that:
(a) All activities other than incidental storage are conducted wholly within a completely enclosed building;
(b) Not more than five persons are engaged in operating any laundry or cleaning establishment, excluding personnel engaged wholly in pressing, office and delivery work;
(c) The majority of the articles washed or cleaned during each calendar month period are handled at retail;
(d) The operations are not objectionable due to odor, dust, smoke, noise, vibration or other causes;
(e) Not more than two clothes cleaning units shall be used in any clothes cleaning establishment, neither of which shall have a rated load capacity of more than 40 pounds, or in lieu of the aforesaid
two clothes cleaning units there may be used one unit with a rated load capacity of more than 40 pounds but it shall in no event exceed a rated load capacity of 80 pounds, and no cleaning fluid shall be used which is explosive or flammable at temperatures below 138.5 degrees Fahrenheit. (Amended by Ord. No. 143,291, Eff. 6/20/72.)
Miniature or pitch and putt golf courses, golf driving tees or ranges, and similar commercial golf uses. (Amended by Ord. No. 144,365, Eff. 4/5/73, Oper. 9/1/73.)
Other uses similar to the above, as provided for in Sec. 12.21 A.2.
Conditional uses enumerated in Sec. 12.24 when the location is approved pursuant to the provisions of said section. (Amended by Ord. No. 117,450, Eff. 12/18/60.)
(Amended by Ord. No. 162,336, Eff. 6/6/87.) Uses customarily incident to any of the above uses, and accessory buildings, when located on the same lot. Open storage of materials and equipment, including used materials and equipment, shall be permitted only when incidental to the use of an office, store or other commercial building located on the front portion of the same lot, and provided that:
(a) Such storage is located on the rear one-half of the lot and is confined to an area of not to exceed three thousand (3,000) square feet;
(b) No power driven excavating or road building equipment is stored on the premises;
(c) The storage area is completely enclosed by a solid wall or fence not less than six (6) feet in height with necessary solid gates of the same height;
(d) No material or equipment is stored to a height greater than that of the wall or fence enclosing the storage area; and
(e) There shall be no rental, storage or storage for rental purposes of a commercial vehicle which exceeds a registered net weight of 5,600 pounds.
The phrase “used materials and equipment” includes vehicles, boats, or airplanes which are inoperable, wrecked, damaged or unlicensed, i.e. not currently licensed by the Department of Motor Vehicles.
- Automobile parking space required for dwellings and for buildings other than dwellings, as provided for in Sec. 12.21 A.4.
- Shelter for the homeless (as defined in Section 12.03 of this Code) containing not more than 30 beds and designed to serve not more than 30 persons. Except within the Central City Community Plan
area, any shelter for the homeless established pursuant to this subdivision shall be located at least 600 feet from another such shelter. The residential yard requirements of this section shall not apply to a shelter in an existing non-residential building. The minimum number of off-street parking spaces provided in conjunction with such use shall comply with the requirements of Section 12.21 A.4.(w) of this Code. (Added by Ord. No. 161,427, Eff. 8/2/86.)
- Motion picture, television, video and other media production, no outdoor sets. (Added by Ord. No. 172,106, Eff. 8/14/98.)
B. Restriction. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) For any lot designated as Public, Quasi-Public, Public/Quasi- Public Use, Other Public, or Open Space on the land use map of the applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of- way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings:
Any of the uses permitted by Subsection A. of this section shall require prior approval in accordance with the provisions of Section 12.24.1 of this Code.
C. Area. (Amended by Ord. No. 144,365, Eff. 4/5/73, Oper. 9/1/73.) No building or structure nor the enlargement of any building or structure shall be hereafter erected or maintained unless the following yards, lot areas and loading spaces are provided and maintained in connection with such building, structure or enlargement:
Front Yard – Not required.
Side and Rear Yards – Not required for buildings erected and used exclusively for commercial purposes.
For all portions of buildings erected and used for residential purposes, side and rear yard conforming to the requirements of the R4 Zone (Section 12.11 C.2. and 3.) shall be provided and maintained at the floor level of the first story used in whole or in part for residential purposes.
Lot Area – The lot area requirements of the R4 Zone (Section 12.11 C.4.) shall apply to all portions of buildings used for residential purposes.
Loading Space – As required by Section 12.21 C.6., Exceptions to area regulations are provided for in Section 12.22 C.
Minimum Density. A minimum density of one Dwelling Unit or Guest Room, inclusive of Accessory Dwelling Units, for every 2,000 square feet of lot area is required for every Housing
Development Project on lots meeting the minimum width and lot area requirements for the zone, prior to any subdivision, except when Section 12.22 C.28. applies. The minimum density calculation shall be rounded up to the nearest unit to ensure the minimum density standard is met. If the minimum lot area per Dwelling Unit or Guest Room for the zone does not allow for construction of the required minimum density, the minimum density shall not apply. (Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25.)
SEC. 12.22. EXCEPTIONS.¶
A. Use.
- Private Garage Not Required – Topography – Where a lot abuts upon a street or place which due to topographic conditions or excessive grades is not accessible by automobile, and such lot is to be
occupied by not more than a one-family dwelling, no private garage shall be required.
Public Utilities and Public Services – The provisions of this article shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewers and sewer mains, and incidental appurtenances.
Family Day Care Homes. (Amended by Ord. No. 173,085, Eff. 3/19/00.) Notwithstanding any other provisions of this article to the contrary, and in all zones wherein residential uses are permitted by right the following shall apply:
(a) Small Family Day Care Homes: Any dwelling unit may be used as a small family day care home, with up to eight children, as defined in Section 12.03, if it is licensed by the State of California as a
small family day care home. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(b) Large Family Day Care Homes: Any dwelling unit may be used as a large family day care home, with up to 14 children, as defined in Section 12.03, if it is licensed by the State of California as a
large family day care home, and if it complies with the conditions set forth in Subparagraph (1) below. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(1) Conditions. A large family day care home shall comply with the following conditions:
(i) Provide drop-off facilities, such as curb spaces or driveway area, which are necessary to avoid interference with traffic and promote the safety of the children;
(ii) Comply with any standards adopted by the State Fire Marshal pursuant to Subdivision (d) of Section 1597.46 of the California Health and Safety Code relating to large family day care
homes;
(iii) Comply with all provisions of the Los Angeles Municipal Code relating to large family day care homes and dwelling units;
(iv) The use shall not create an unreasonable level of disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties;
(v) Name plates and signs shall conform to the provisions of Section 12.21 A.7.;
(vi) Play equipment, swings, sandboxes, or structures shall be located in the rear yard only;
(vii) No loud speaker or public address system shall be installed or operated on any open portion of the premises, and any phonograph, radio or other recorded music used in connection with any activity shall be sufficiently modulated to ensure that the use does not disturb the adjoining and neighboring residents;
(viii) The existing residential character of the building and site shall be maintained, including the exterior facade, landscaping, fences, walls, lawn area, and driveways;
(ix) The floor space of any dwelling unit used for the operation of a large family day care home shall not be increased for such use, and the floor space shall not be altered to reasonably
preclude its continued use as a dwelling unit; and
(x) There shall be at least 300 feet between the lot containing the building where the proposed large family day care home will be located and the building housing any existing large
family day care home. This distance is to be measured along the shortest street route between the two lots as determined by the Department of Recreation and Parks. (Second Sentence
Amended by Ord. No. 181,192, Eff. 7/27/10.)
(2) Notice of Intention to Operate Large Family Day Care Home. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A Notice of Intention to Operate a Large Family Day Care Home shall be filed in the public office of the Department of City Planning, on forms provided by the Department. The forms shall be accompanied by all information deemed necessary by the Department. The notice shall include verification provided by the Department of Recreation and Parks that the large family day care home is in compliance with the concentration and spacing condition set forth in
Section 12.22 A.3.(b)(1)(x) above. (Sentence Amended by Ord. No. 181,192, Eff. 7/27/10.)No fee shall be charged and no public hearing shall be required in connection with the filing of the notice.
(3) Exemption from Concentration and Spacing Condition. If a proposed Large Family Day Care Home is not in compliance with the concentration and spacing condition set forth in Section
12.22 A.3.(b)(1)(x) above, then the operator may apply to the Zoning Administrator for an exemption from this condition pursuant to Section 12.24 X.25. (Amended by Ord. No. 176,545, Eff. 5/2/05.)
(4) Violation of Conditions – Authority of Zoning Administrator to Require Modification of Conditions of Operation or Discontinuance of Large Family Day Care Homes. (Amended
by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Notwithstanding any other provision of this Chapter, the Zoning Administrator may require a modification of the conditions of operation or the discontinuance of a large family day care home if the Zoning Administrator finds that as operated or maintained there has been a violation of any of the conditions or standards set forth in Subparagraph (1) of Paragraph (b) of this Subdivision, or that such use:
(i) jeopardizes or endangers the public health or safety of persons residing in, working on, or occupying the premises; or
(ii) constitutes a public nuisance; or
(iii) violates any provision of this chapter or any other city, state or federal regulations, ordinance or statute.
The procedure for the modification of the conditions of operation or discontinuance of a large family day care home shall be as provided for in Sec. 13B.6.2. (Nuisance Abatement/Revocation) of Chapter 1A of this Code.
Sale of Christmas Trees – Notwithstanding any provisions of this article to the contrary, the annual retail sale, including sales by philanthropic, political, patriotic, and charitable associations, of Christmas trees and ornaments shall be permitted in all zones, except the RE, RS, R1, RU, RZ, and RMP Zones, between December first and twenty-fifth, inclusive, and the necessary permits and licenses may be issued provided that: (Amended by Ord. No. 164,904, Eff. 7/6/89.)
(a) Any lights used to illuminate the site shall be arranged to reflect the light away from any adjacent residentially-zoned property except that this restriction does not apply to frosted light bulbs of 100
watts or less; and
(b) There shall be no use of any sound equipment in the residential zone in conjunction with the retail sale of Christmas trees; and
(c) The operator of such a sale of Christmas trees shall post a Two Hundred Dollar ($200.00) cleanup deposit with the Office of the City Clerk prior to any lot preparation or sales; and
(d) The operator of such a sale of Christmas trees shall comply with all other applicable provisions of the Los Angeles Municipal Code.
(Title and First Para. Deleted by Ord. No. 172,489, Eff. 4/16/99.)
(a) (Amended by Ord. No. 173,492, Eff. 10/10/00.) Notwithstanding any other provisions of Articles 2 and 3 of this chapter to the contrary, no oil well, controlled drill site or temporary geological exploratory hole may be permitted in an A, R, P or C Zone within the area located between the mean high tide line of the City’s shoreline and a line 1,000 yards landward from that line. This prohibition shall not be construed or interpreted as affecting:
(1) any shore line areas within the Los Angeles Harbor except for Cabrillo Beach;
(2) any oil well, controlled drill site or a facility for the production of oil gases or other hydrocarbon substances in existence on the effective date of this subdivision;
(3) any connected subterranean gas holding areas and facilities that are operated as a public utility pursuant to Section 14.00; and
(4) subsurface drilling and producing operations more than 500 feet below the surface of this area.
(b) Ordinances 159,607, 159,608 and 159,609, which created Oil Drilling Districts U–171–A, U–172–A and U–173–A, respectively, to allow exploration and production of oil within 1,000 yards of the
mean high tide in the City of Los Angeles, are hereby repealed.
(c) This subdivision shall apply to all supplemental use districts within this area for which a vested right for production of oil has not accrued as of the effective date of this subdivision
(d) If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such
invalidity shall not affect other Ordinance provisions thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and causes of this ordinance are
declared to be severable.
[Subdivision 5.(a) - (d) adopted by the voters as Initiative Ordinance “O” on November 8, 1988, Eff. 11/30/88.]
Infrequent Helicopter Landings. (Amended by Ord. No. 150,623, Eff. 4/13/78.) Notwithstanding any provision of this article to the contrary, helicopters may land and take off in any zone except RA, R, C1 and CR Zones, provided that a permit therefore has first been obtained from the Fire Department under the provisions of Division 5, Article 7 of Chapter 5 of this Code. Such helicopter landings and takeoffs shall not exceed three per day in or upon any single location or premises except that the Fire Department may permit as many such landings and takeoffs in or upon any single location or premises in a day as it determines are required by the individual nature of each such helicopter use, including occasions of civic interest, and are consistent with the public health, safety, general welfare and intent of this article. In the RA, R, C1 or CR Zones helicopters may land and take off in or upon any single location not more than two times per calendar year in a park, school ground or other similar type of public open space, for educational programs sponsored by the Los Angeles Police Department or the Los Angeles City Unified School District, provided that the Fire Department permit referred to above has first been obtained. Nothing herein shall prevent nor curtail the operation of emergency helicopter landing facilities as required in Section 57.4705 of the Los Angeles Municipal Code.
The provisions of this subdivision shall not be construed or interpreted as permitting the establishment of a regularly operating airport, aircraft landing field, heliport or helistop.
- Temporary Operations of Carnivals and Rides. (Added by Ord. No. 130,076, Eff. 5/26/65.)– Notwithstanding any provisions of this article to the contrary, carnival shows and amusement enterprises of a
similar type may be operated in the P Zone for a period of not to exceed five consecutive days in any 30 day period in or upon any single location, provided that:
(1) All such operations are conducted at least 200 feet from any school or adjoining occupied property classified in any A or R Zone.
(2) Such operations do not cause or produce any dust, gas, smoke, noise, fumes, odors, or vibrations detrimental to other property in the neighborhood or to the welfare of the occupants thereof.
(3) Any lights used to illuminate the event are arranged so as to reflect the light away from any adjacent residentially used premises.
(4) No public address system in connection with the event is installed on the property unless it is modulated so as not to be disturbing to occupants of any nearby dwelling units.
(5) All structures, apparatus and appurtenances shall be removed from the premises the next day following the closing of the carnival.
(6) The hours of such operation to be limited between the hours of 10:00 a.m. and 10:00 p.m.
Occasional Use of Private Homes for Adult Education Classes. (Added by Ord. No. 132,573, Eff. 8/5/66.) — Notwithstanding any provision of this article to the contrary, adult education classes shall be permitted in homes in the RA or R Zones and no additional off-street parking shall be required in conjunction therewith, provided that:
(a) Classes are held not more than one day a week for a period not to exceed three hours per day end each class does not meet for more than fifteen weeks in any one semester.
(b) Classes are purely incidental to the use of the property as a home and no more than thirty persons are permitted to attend each class.
(c) Classes primarily involve oral discussions and no laboratory equipment, heavy machinery, or large tools are used in connection therewith, except small record players, slide projectors and other similar audiovisual teaching aids.
(d) All classes are scheduled on the first floor of the building.
For the purpose of this subdivision “adult education classes” shall mean any educational programs conducted by University Extension of University of California or any other comparable university.
No certificate of occupancy shall be required in connection with the use authorized by this ordinance.
Maintenance of Accessory Structures. (Amended by Ord. No. 172,839, Eff. 11/1/99.) Notwithstanding any provisions of this article to the contrary, an accessory building or structure may be maintained on a lot without a main building and a residential building may be maintained on a lot without the required off-street parking for the periods of time as authorized by the Advisory Agency in conformance with Article 7 of Chapter 1 of this Code.
Model. (Amended by Ord. No. 174,999, Eff. 1/15/03.) Notwithstanding any other provision of this article, a model or models, as defined in Article 7 of Chapter 1 of this Code, may be erected and maintained on any lot or site designated by the Advisory Agency as a site for a model or models on an approved or conditionally approved tentative map, in the A, RE, RS, R1, RU, RZ, RMP, or RW1 Zones with respect to one-family homes, and in the R2, RD, RW2, R3, RAS3, R4, RAS4, or R5 Zones with respect to multiple unit structures, i.e., buildings containing more than one dwelling unit, for a period of time as determined by the Advisory Agency, provided that:
(a) In an “H” hillside or mountainous area, a grading plan for the entire approved or conditionally approved subdivision or any final map unit thereof has been approved by the Grading Division of the Department of Building and Safety and a Grading Certificate has been issued for the property involved or that the grading is being carried on under the authorization of a valid grading permit.
(b) Necessary easements for the installation of water system facilities and underground utilities have been dedicated and the developer has guaranteed the cost of relocation or future adjustment of these facilities to the satisfaction of the Department of Water and Power.
(c) The owner assumes liability for any damage caused to water system facilities and underground utilities prior to final street improvements in a manner satisfactory to the Department of Water and Power.
(d) Adequate fire protection facilities are provided to the satisfaction of the Fire Department.
(e) Adequate sewer facilities are provided to the satisfaction of the Bureau of Engineering and the Los Angeles County Health Department.
(f) A paved access roadway at least 20 feet in width is provided which is satisfactory to the Department of Building and Safety.
(g) Off-street parking be provided as follows:
(1) For multiple unit structures, the numbers and location of the off-street parking facilities shall be determined by the Advisory Agency;
(2) For one-family detached structures, one lot for each six model dwellings or fraction thereof shall be located contiguous to the model dwelling sites. All off-street parking facilities and
driveways shall be dust-proofed with asphaltic surfacing or with decomposed granite which is sprinkled at sufficient intervals to prevent dust, or by an alternate method of dust control satisfactory to the Department of Building and Safety.
(h) The model dwelling sites are attractively maintained and, with respect to one- family detached structures, attractively landscaped.
(i) Not more than one sign is placed on each designated model dwelling. Said sign shall not exceed 12 square feet in area and shall be used only for identification or directional purposes. Prohibited are
banners, posters, pennants, ribbons, streamers, string of light bulbs, spinners, or other similarly moving devices.
(j) Any furnishings placed in the model dwelling are maintained solely for purposes accessory to the display of the model dwelling and in no way are used to sell or promote the sale of such furnishings.
(k) Prior to the issuance of any building permit for a model dwelling, the property owner shall first execute and file with the Superintendent of Building a notarized agreement assuming all risks and agreeing to all of the conditions set forth in this Subdivision 10. With respect to one-family detached structures, the agreement shall further provide that in the event that a final map which includes the property whereon the model dwelling is located is not recorded, all buildings or structures authorized by said permit shall be removed, within 90 days from the expiration of the tentative tract, and that if all buildings and structures are not completely removed as required above, they may be confiscated and removed or demolished by the City without further notice. Prior to the erection of any model dwelling that is a one-family detached structure, authorized pursuant to the approval of any subdivision and contingent thereon, the property owner shall post in the Department of Building and Safety a bond in favor of the City of Los Angeles (to be approved by the City Attorney and duplicates to be furnished to the City Attorney) in an amount satisfactory to the Department of Building and Safety sufficient to defray any expense incurred by the City in the removal or demolition of the model dwelling or dwellings. The bond shall be released to the property owner or person legally entitled thereto either upon recordation of the subdivision tract map or upon removal of the concerned structures or buildings, as the case may be, to the satisfaction of the Superintendent of Building. (Amended by Ord. No. 158,561. Eff. 1/14/84.)
(l) This subdivision shall apply to approved or conditionally approved tentative tract maps which include model dwelling units and which have not been recorded as of the effective date of this ordinance.
(Added by Ord. No. 158,561, Eff. 1/14/84.)
(Amended by Ord. No. 145,410, Eff. 2/16/74.) Notwithstanding any other provisions of this article, a real estate tract sales office may be established and maintained in one model dwelling approved in accordance with the provisions of Section 12.22 A.10. or in a dwelling constructed on a recorded lot previously designated as a model dwelling site by the Advisory Agency and temporarily serving as an example of houses or units built or to be built in the same subdivision, provided that:
(a) No general real estate brokerage business is conducted on the premises, and any business transacted thereon is limited to the original sale of vacant or improved land shown on the tentative map or
units of airspace shown on the condominium plan.
(b) All name plates and signs conform to the provisions of Section 12.21 A.7.
(c) The tract sales office is attractively maintained and, where located in a one-family detached structure, is attractively landscaped.
(d) The property owner has first executed and filed with the Superintendent of Building a notarized agreement agreeing to comply with all other provisions of this Subdivision and, further, agreeing that after all dwelling units in the development are initially sold or rented, all tract sales being conducted within the structure will cease; all signs will be entirely removed from the premises; any residential type of sliding glass door in a private garage doorway will be replaced with a conventional private garage door, and any sales office activity located in a private garage will be discontinued and this area reconverted for the storage of private vehicles. (Amended by Ord. No. 158,561, Eff. 1/14/84.)
(Added by Ord. No. 149,472, Eff. 5/14/77.) Notwithstanding any other provision of this article, equipment and material storage yards used exclusively in connection with public facilities projects may be located in the A, R and C Zones, provided the following conditions are complied with.
(a) That such storage activities not be commenced prior to the execution of the construction contract with the governmental entity authorizing such work, and such storage activity be terminated within 30 days of the expiration of the contract or 30 days after completion of the construction, whichever comes first.
(b) That no storage or related activities be located closer than 25 feet to any residential improvement unless a solid 8 foot high fence be constructed along the entire property line adjoining such
improvement, except at parking of employees’ personal vehicles shall be permitted within the 25 foot buffer area, and such parking area need not comply with the requirements of Section 12.21 A.6. of this article.
(c) That the premises and grounds be frequently sprinkled and watered to prevent dust from becoming a nuisance to the neighboring residents.
(d) That there be no stockpiling of materials above 8 feet.
(e) That hours of operation including servicing and maintenance of all stored equipment be only between 7:00 a.m. and 6:00 p.m., and at no time on Saturdays, Sundays or holidays except in emergencies.
Prior to the use of any land for equipment and material storage activities pursuant to this Subdivision, the operator or operators of such storage yard shall obtain a certificate of occupancy of land as
provided for in Section 12.26 E. of the Los Angeles Municipal Code. Where it can be shown to the satisfaction of the Superintendent of Building that the conditions of this Subdivision are not being complied with, the Superintendent may revoke the certificate of occupancy. Such revocation may be appealed to the Board of Building and Safety Commissioners pursuant to the provisions of Section 98.0403 of this Code.
- Infrequent Use of Property for Commercial Filming. (Amended by Ord. No. 170,516, Eff. 6/18/95.) Notwithstanding any of the provisions of this article to the contrary, property in all zones may be used
for the purpose of infrequent filming of commercial motion pictures and still photographs, provided that a permit therefor has first been obtained from the City Council, or whomever the Council by order, resolution or ordinance may delegate such authority. The City Council, or whomever the Council by order, resolution or ordinance may delegate such authority shall adopt such rules and regulations concerning the issuance of said permits as may be necessary to assure that filming will be conducted at such times and in such a manner as to cause a minimum of interference with the enjoyment and use of adjacent property, and consistent with public health, safety and general welfare.
(None)
Parking Requirements For Showcase Theaters. (Added by Ord No 148,910, Eff. 11/18/76.) Notwithstanding any provision of this article to the contrary, the parking for showcase theaters required under Section 12.21 A.4.(e), (g), (i), (m); Section 12.21 A.5.; and Section 12.26 C. and 12.26 E.5. may be provided on the site, or off the site under a written agreement approved by the City Attorney and the Superintendent of Building. Where off-site parking is provided under any written agreement other than a Parking Covenant, such agreement shall be for a minimum of one year and shall be signed by the theater operator and the lessee or owner of the property upon which the required parking spaces shall be located. This agreement shall remain in effect for the duration of the existence of the showcase theater. Such agreement shall be filed with the Department of Building and Safety.
Where the parking covenant or other written agreement provides for parking on a lot which does not meet the design standards set forth in Section 12.21 A.5. and 12.21 A.6. but which parking area met the applicable Municipal Code design standard when originally established, such spaces shall be accepted for purposes of this Subdivision without compliance with the provisions of Section 12.21 A.5. and 12.21 A.6.
Outside Automobile Hoists. (Amended by Ord. No. 172,468, Eff. 4/1/99.) Any type of outside automobile hoist in the C2, C4, C5, CM or M1 Zones is prohibited.
Temporary Residency in Residential Vehicle Pending Reconstruction of Disaster – Destroyed Dwelling. (Added by Ord. No. 153,144, Eff. 12/28/79.)
(a) Use of Land Permit. Notwith standing any other provision of this Code to the contrary, the Department of Building and Safety may issue a use of land permit to any resident- owner of a single-family dwelling destroyed by disaster to temporarily place and reside in a residential vehicle upon the subject property. Such use of land permit shall be limited to a period of one year from the date of the subject disaster, during which period a building permit for the reconstruction of the subject dwelling unit must be obtained. When such a building permit is obtained the use of land permit shall be valid for an additional period to total no more than two years from the date of the subject disaster or until the dwelling unit is complete, whichever occurs first. No other extension of time shall be granted for such use of land permit.
(b) Fence Requirement. Where a residential vehicle is placed within a required yard area, such residential vehicle shall be screened from public view by a fence constructed to the specifications of
Section 91.4401(c) of this Code; on corner lots, the restrictions of Section 62.200 of this Code shall also apply. Such fence shall be maintained in good condition and appearance.
(c) Yard Area Requirements. Such residential vehicle must observe five-foot front, side and rear yards and adequate access shall be assured to permit the removal of such residential vehicle after
reconstruction of the disaster- destroyed dwelling unit.
(d) Site Restoration. Within thirty (30) days of the removal of the residential vehicle, all equipment and utilities accessory to such residential vehicle and any nonconforming fence constructed pursuant
to this section shall be removed and the site restored to permitted use and condition.
Developments Combining Residential and Commercial Uses. Except where the provisions of Section 12.24.1 of this Code apply, notwithstanding any other provision of this chapter to the contrary, the following uses shall be permitted in the following zones subject to the following limitations: (Amended by Ord. No. 163,679, Eff. 7/18/88.)
(a) Any use permitted in the R5 Zone on any lot in the CR, C1, C1.5, C2, C4 or C5 Zones provided that such lot is located within the Central City Community Plan Area or within an area designated on an adopted community plan as “Regional Center” or “Regional Commercial”. Any combination of R5 uses and the uses permitted in the underlying commercial zone shall also be permitted on such lot. (Amended by Ord. No. 182,452, Eff. 4/4/13.)
(b) Any use permitted in the CR, C1, C1.5, C2, C4 or C5 Zones on any lot in the R5 Zone provided that the lot is located within the Central City Community Plan Area. Any combination of these commercial and residential uses shall also be permitted on the lot. Commercial uses or any combination of commercial and residential uses may be permitted on any lot in the R5 Zone by conditional use pursuant to Section 12.24 W.15. outside the Central City Community Plan Area. (Amended by Ord. No. 182,452, Eff. 4/4/13.)
(c) Yards. Except as provided herein, the yard requirements of the zone in which the lot is located shall apply.
(1) The yard requirements of the C2 Zone shall apply to buildings located on lots in the R5 Zone in a redevelopment project area approved by the City Council if such buildings are used
exclusively for commercial uses.
(2) The following yard requirements shall apply to buildings located on lots in the R5 Zone which are used for any combination of commercial and residential uses:
(i) The yard requirements of the C2 Zone shall apply to the portions of such buildings used exclusively for commercial uses.
(ii) No yard requirements shall apply to the portions of such buildings which are used exclusively for residential uses and which abut a street, private street or alley, if the first floor of such
buildings at ground level is used for commercial uses or access to the residential portions of such buildings.
(3) No yard requirements shall apply to the residential portions of buildings located on lots in the CR, C1, C1.5, C2, C4, and C5 Zones used for combined commercial and residential uses, if such portions are used exclusively for residential uses, abut a street, private street or alley, and the first floor of such buildings at ground level is used for commercial uses or for access to the residential portions of such buildings.
(4) No yards shall be required along air space lot boundaries within the interior of buildings.
(d) The residential and commercial density, maximum floor area or height otherwise permitted for any lot shall not be increased by reason of the existence of one or more air space lots.
(e) Pedestrian Bridges. Residential uses in a building combining residential and commercial uses shall be limited to the floors above the level of a connecting pedway or pedestrian bridge except that the Director of Planning may modify or waive this requirement if the Director finds unusual topography or other special circumstances justify such modification or waiver.
(f) (Amended by Ord. No. 173,492, Eff. 10/10/00.) In the event of a conflict between the terms of this subdivision and the terms of a specific plan enacted prior to December 31, 1981, the terms of the
specific plan shall prevail. The terms of this subdivision shall not apply within the boundaries of the Century City North Specific Plan.
19. Dwelling Adjacent to An Equinekeeping Use. (Amended by Ord. No. 173,492, Eff. 10/10/00.) Notwithstanding any provision of this Code to the contrary, the City shall not issue a building permit for a
residential building (excluding non- habitable rooms) that is less than 35 feet from a legally established equine use, unless the Zoning Administrator makes an exception in accordance with Section 12.24 X.5.
20. Adult Entertainment Businesses. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(a) Exceptions from Section 12.70 C. of this Chapter.
(i) A person may establish and maintain, or continue to operate, an adult entertainment business on a lot within 500 feet of an “A” or “R” Zone, or within the “CR”, “C1” or “C1.5” Zones, if a site
consistent with Section 12.70 C. of this Chapter is not reasonably available elsewhere in the City for the establishment or relocation of the subject adult entertainment business. This exception shall
only apply to an adult entertainment business which is otherwise in compliance with all other provisions of this chapter including Section 12.70 C. of this Chapter.
A site is “reasonably available” elsewhere in the City if it meets all of the following criteria:
(1) Its use as the proposed adult entertainment business is consistent with all applicable zoning regulations, including Section 12.70 C. of this Chapter.
(2) It is available for use, purchase, or rental as an adult entertainment business.
(3) It has adequate street access, street lighting, and sidewalks.
(4) It is at least 500 feet away from any uses which are or may become obnoxious or offensive by reason of emission of odor, dust, smoke, noise, gas, fumes, cinders, refuse matter or water
carried waste.
This exception shall not apply to massage parlors or sexual encounter establishments.
(ii) To apply for an exception, an applicant shall file an application with the Department of City Planning, on a form provided by the Department, identifying the present or proposed location of the adult entertainment business, and accompanied by data supporting the proposed exception and the fee provided for in Section 19.01 of this Chapter.
The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. An exception shall be approved if it meets the requirements of Subparagraph (i) above.
If the Zoning Administrator, Area Planning Commission or Council disapproves an exception, then it shall make findings of fact showing how a site consistent with Section 12.70 C. of this Chapter is reasonably available elsewhere in the City for the establishment or relocation of the subject adult entertainment business.
(b) Extensions of the Section 12.70 C. of this Chapter Amortization Period.
(i) An adult entertainment business existing on March 6, 1986 and operating within 500 feet of a lot in an “A” Zone or “R” Zone or, within the “CR”, “C1”, or “C1.5” Zones may be continued, as
specified below:
(1) If the adult entertainment business is otherwise in compliance with all other provisions of this chapter including Section 12.70 C. of this Chapter; and
(2) If the adult entertainment business is subject to a written lease, entered into prior to March 6, 1986, with a termination date extending beyond March 6, 1988, then the adult entertainment business may continue until the expiration of the present term of the lease but no later than March 6, 1991; or
(3) If the adult entertainment business invokes the investment of money in real property, improvements, or stocks in trade such that a termination date beyond March 6, 1988 is necessary to
prevent undue financial hardship, then it may be continued until March 6, 1991.
(ii) To apply for an extension of time, an applicant shall file an application with the Department of City Planning, on a form provided by the Department, identifying the present or proposed
location of the adult entertainment business, and accompanied by data supporting the extension request and the fee provided for in Section 19.01 of this Chapter. An extension shall be approved if it meets the requirements of Subparagraph (i) above.
The procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code shall be followed to the extent applicable.
An appeal from the determination of the Zoning Administrator on whether a proposed exception meets the requirements of Subparagraph (i) may be taken to the Area Planning Commission in the same manner as prescribed in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. The Area Planning Commission’s decision may be appealed to the City Council. The appeal to the Council shall follow the procedures set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code. However, a decision on any appeal shall be made within 30 days of the expiration of the appeal period. This time limit may be extended by mutual written consent of the applicant and the Area Planning Commission or Council, whichever then has jurisdiction over the appeal.
If the Zoning Administrator, Area Planning Commission or Council disapproves an extension, then it shall make findings of fact showing how the proposed extension fails to meet the requirements
of Subparagraph (i).
(Deleted by Ord. No. 171,687, Eff. 8/19/97.)
(Deleted by Ord. No. 170,752, Eff. 12/14/95.)
Mini-Shopping Centers and Commercial Corner Development. (Amended by Ord. No. 175,223, Eff. 6/30/03.) If the requirements set forth in Paragraph (a) and the conditions set forth in Paragraph (b) of this subdivision are met, and the proposed use or uses are not enumerated in Section 12.24 W.27., then a conditional use approval pursuant to Section 12.24 W.27. shall not be required for any new use, change of use or addition of floor area to a Mini-Shopping Center or a Commercial Corner Development.
(a) Development Standards.
(1) Height. Buildings or structures located in Height District Nos. 1 and 1-L shall not exceed a maximum height of 45 feet. However, buildings or structures shall comply with the provisions of
Section 12.21.1 A.10., “Transitional Height,” of this Code.
(2) Front Yard. The front yard requirements set forth in Sections 12.12.2 C., 12.13 C.1. and 12.13.5 B.1. of this Code shall not apply to Mini-Shopping Centers or Commercial Corner
Developments.
(3) Windows. The exterior walls and doors of a ground floor containing non- residential uses that front adjacent streets shall consist of at least fifty percent transparent windows, unless otherwise
prohibited by law.
(4) Parking.
(i) Notwithstanding Section 12.21 A.5.(h) of this Code to the contrary, no tandem parking shall be permitted, except those spaces reserved exclusively for residential use.
(ii) Bicycle parking shall be provided as required by Section 12.21 A.16. of this Code.
(iii) Parking in the Downtown Business District shall be provided as required by Section 12.21 A.4.(i) of this Code.
(5) Lighting. All public areas of the lot or lots not covered by a building shall have night lighting for safety and security. All other open exterior areas, such as walkways and trash areas, shall have low- level, security-type lighting. All exterior lighting shall be directed onto the lot or lots, and all flood lighting shall be designed to eliminate glare to adjoining properties. All parking areas shall have a minimum of 3/4 foot-candle of flood lighting measured at the pavement.
(6) Signs.
(i) In addition to the requirements set forth in Division 62 of this Code, no person shall erect on the lot or lots the following signs, as defined in Section 91.6203 of this Code without first
obtaining a conditional use permit: pole signs; projecting signs; or roof signs.
(ii) Monument signs and information signs shall be located only within the landscape-planted areas of the lot or lots.
(7) Utilities. All new utility lines which directly service the lot or lots shall be installed underground. If underground service is not currently available, then provisions shall be made for future
underground service.
(8) Walls and Trash Storage. A solid masonry wall at least six feet in height shall be erected along the lot lines of the lot or lots where the lot or lots abut or are across an alley from any
residential zone or use, except for that portion of the lot line where an access driveway is required by the City. Trash storage bins shall be located within a gated, covered enclosure constructed of materials identical to the exterior wall materials of the building.
(9) Recycling Area or Room. Every Mini-Shopping Center or Commercial Corner Development shall conform to the requirements of Section 12.21 A.19.(c) of this Code.
(10) Landscaping. All landscaping shall comply with Sections 12.41, 12.42 and 12.43 of this Code and the following requirements:
(i) Landscaping – Setback. (Amended by Ord. No. 177,103, Eff. 12/18/05.) A landscaped, planted area having a minimum inside width of five feet shall be required along all street
frontages of the lot and on the perimeters of all parking areas of the lot or lots which abut a residential zone or use.
Notwithstanding the above, in the Downtown Business District as defined in Section 12.21 A.4.(i) of this Code, a landscape (planted) area having a minimum inside width of five feet shall be required on the peri- meters of all parking areas of the lot which abut a residential zone or use.
(ii) Irrigation System. An automatic irrigation system shall be provided for all landscaped areas. This system shall be installed prior to the issuance of any certificate of occupancy.
(b) Conditions of Operation. A Mini- Shopping Center or a Commercial Corner Development shall comply with the following conditions:
(1) Maintenance. The condition of the lot or lots, including but not limited to parking areas, exterior walls, required lighting, and landscaped areas, shall at all times be maintained in a safe and sanitary condition and in a state of good repair. Exterior wall surfaces shall at all times be kept free from graffiti and any marks of vandalism.
(2) Debris Removal. The lot or lots shall at all times be kept clear of weeds, rubbish, and all types of litter and combustible materials. Trash receptacles shall be located throughout the open areas
of the lot or lots.
(3) Hours. Parking lot cleaning and sweeping, and trash collections from and deliveries to a Mini-Shopping Center or Commercial Corner Development, shall occur no earlier than 7 a.m., nor later than 8 p.m., Monday through Friday, and no earlier than 10 a.m., nor later than 4 p.m., on Saturdays and Sundays.
(4) Landscape Maintenance. Maintenance of landscaped areas shall include continuous operations of watering, removal of weeds, mowing, trimming, edging, cultivation, reseeding, plant
replacement, fertilization, spraying, control of pests, insects, and rodents, or other operations necessary to assure normal plant growth. All trees, shrubs and ground cover shall be maintained as healthy and vigorous at all times. Irrigation systems, installed pursuant to the requirements in Sub- subparagraph (a)(10)(ii) above shall be continuously maintained in accordance with Section 12.41 B.5. of this Code.
(5) Covenant. Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of
Planning, acknowledging that the owner shall implement each of the conditions set forth in Paragraph (b) of this subdivision, and shall not permit the erection of any of the signs enumerated in
Paragraph (a)(6) of this subdivision or the establishment of any uses enumerated in Section 12.24 W.27. of this Code without first obtaining a conditional use approval. The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners. The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.
(c) Existing Building Changed to Mini- Shopping Center or Commercial Corner Development.
(1) An existing building or buildings may be converted to a Mini-Shopping Center or to a Commercial Corner Development without first obtaining a conditional use approval if all of the following requirements are met:
(i) all alterations result in no more than a twenty percent increase in the existing floor area of all of the buildings on a lot or lots;
(ii) the proposed Mini- Shopping Center or the Commercial Corner Development use or uses are not enumerated in Section 12.24 W.27.;
(iii) no sign identified in Paragraph (a)(6) of this subdivision shall be erected on the site; and
(iv) the proposed Mini- Shopping Center or the Commercial Corner Development complies with the conditions of operation of Paragraph (b) of this subdivision.
(2) For an existing Mini-Shopping Center, or existing Commercial Corner Development use, no person shall establish as a new use, any of the uses enumerated in Section 12.24 W.27. of this
subdivision without first obtaining a conditional use approval.
(d) Exemptions. The following Projects shall not be subject to this subdivision:
(1) A Mixed Use Project as defined in Section 13.09 B.3. that consists of predominantly residential uses and does not contain commercial uses enumerated in Section 12.24 W.27.;
(2) Adaptive Reuse Projects as defined in Section 12.22 A.26.; and
(3) Libraries, governmental offices, police stations, fire stations, and other government owned related facilities or uses.
(e) Specific Plan Compliance. If, as determined by the Director of Planning or the Director's designee, the provisions of this Section conflict with those of an adopted Specific Plan, then the provisions
of the Specific Plan shall prevail.
Mobile Medical Facilities and Bloodmobiles. (Added by Ord. No. 166,045, Eff. 8/17/90.)
(a) Notwithstanding any provision of this article to the contrary, any mobile medical facility may operate once a month for no more than 72 consecutive hours, in any single established parking area, in the P, PB, CR, C1, C1.5, C2, C4, CM, M1, M2 and M3 Zones, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the facility does not obstruct any driveway access aisle or required parking space.
(b) Notwithstanding any provision of the article to the contrary, any bloodmobile may operate once a month for no more than 72 consecutive hours, in any single established parking area in any zone, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the bloodmobile does not obstruct any driveway access aisle or required parking space.
(c) Notwithstanding any provision of this article to the contrary, any mobile medical facility may operate once a week for no more that 72 consecutive hours, in any single established hospital parking
area, in the P, PB, CR, C1, C1.5, C2, C4, CM, M1, M2 and M3 zones, provided the parking area meets all requirements of the Municipal Code for a parking area and the operation of the facility does not obstruct any driveway access aisle or required parking space. (Added by Ord. No. 170,161, Eff. 1/16/95.)
Affordable Housing Incentives – Density Bonus. (INTERIM) (Amended by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
See Section 12.22 A.37. (State Density Bonus Program) of this Code.
An existing program described outside of former Section 12.22 A.25. of this Code, that follows the procedures of former Section 12.22 A.25.(g) as of February 11, 2025, the operative date of this amendment, shall follow the review procedures outlined in:
(a) Section 12.22 A.37.(d)(1) (Building and Safety Review) of Chapter I of this Code, where the existing program references the procedures of former Section 12.22 A.25.(g)(1) of this Code.
(b) Section 13B.2.5 (Director Determination) of Chapter 1A of this Code, where the existing program references the procedures of former Section 12.22 A.25.(g)(2) of this Code.
(c) Section 12.22 A.37.(d)(3) (City Planning Commission Review) of Chapter I of this Code, where the existing program references the procedures of former Section 12.22 A.25.(g)(3) of this Code.
Citywide Adaptive Reuse Projects. (Amended by Ord. No. 188,793, Eff. 2/1/26.)
(a) Purpose. The purpose of this subdivision is to implement the General Plan by facilitating the retention and conversion of existing, underutilized, or historically significant buildings, to new
Residential Uses. This will reduce vacant space, create opportunities for new housing, and preserve the City’s architectural and cultural legacy. Encouraging the reuse of buildings is a sustainable practice to retain many of the resources that went into their initial construction and thereby reduce greenhouse gas emissions. Such productive reuse will support mixed commercial and residential uses in order to improve air quality, and reduce vehicle trips and vehicle miles traveled, by locating residents, jobs, and services near each other.
(b) Relationship to Other Zoning Provisions. For Adaptive Reuse Projects, if a provision of this subdivision differs with a provision of any specific plan, supplemental use district, “Q” condition, “D” limitation, or any citywide provision of Chapter I of this Code, then this subdivision shall prevail. Notwithstanding anything to the contrary above, Adaptive Reuse Projects shall be subject to the following exceptions and additional provisions:
(1) If a provision of this subdivision differs with a provision of any Historic Preservation Overlay Zone (HPOZ), then the provision of the HPOZ shall prevail, pursuant to Division 13B.8.
(Historic Preservation) of Chapter 1A of the Code. Adaptive Reuse Projects involving other Designated Historic Resources may be eligible for the incentives set forth in Paragraphs (h) and (i) of this
subdivision and shall be reviewed pursuant to Section 91.106.4.5 of this Code and/or Section 22.171 et seq. of the Los Angeles Administrative Code, as these sections may be amended or reorganized
from time to time.(2) Adaptive Reuse Projects seeking tax abatement for a qualified historical property eligible under the Mills Act, pursuant to California Government Code Sections 50280 - 50290, shall be
subject to the procedures in Section 19.140 et seq. of the Los Angeles Administrative Code.(3) If a provision of this subdivision differs with a provision of any Sign District (SN) then the provision of the Sign District shall prevail, pursuant to Section 13.11 of this Code.
(4) Unless otherwise stated in this subdivision, new construction outside the existing building envelope that is part of an Adaptive Reuse Project or Unified Adaptive Reuse Project shall be subject
to: the applicable citywide provisions of Chapter I of the Code; any applicable “Q” conditions or “D” limitations; and any applicable specific plan, supplemental use district, and/or Streetscape Plan.
These provisions shall apply unless an incentive, concession, waiver or reduction of these development standards is granted pursuant to Sections 12.22 A.37.(d), 12.22 A.38.(d), or 12.22 A.39.(d) of
this Code.Exterior changes resulting from improvements in building safety or building system performance, such as to accommodate required structural or energy conservation upgrades, shall not be
considered new construction, additions, or additional floor area for the purpose of granting incentives under Section 12.22 A.26.(h) of this Code.(5) If a provision of this subdivision differs with Sections 12.22 A.37., 12.22 A.38., or 12.22 A.39. of this Code, then those sections shall prevail, except that the procedures and standards of
review of this subdivision shall apply for Surveyed Historic Resources and Designated Historic Resources.(6) An Adaptive Reuse Project shall comply with the Affordable Housing Linkage Fee requirements in Section 19.18 of this Code.
(7) An Adaptive Reuse Project proposed within the boundaries of the Adaptive Reuse Subareas shall be eligible for the following:
(i) All incentives and procedures in this subdivision;
(ii) A change of use to Hotel, pursuant to Section 12.22 A.26.(d) of this Code; and
(iii) Upon application to the Zoning Administrator, an Adaptive Reuse Project may be located in the MR1, MR2, M1, M2 and M3 zones, subject to the procedures set forth in Section 12.22
A.26.(f)(4) of this Code.
(c) Definitions. Notwithstanding any other provisions of this Code to the contrary, the following definitions shall apply to this subdivision, and any reference to state or federal law in this subdivision shall be to the law as written and in effect on the date the reference is adopted. Words and phrases not defined in this paragraph shall be construed as defined in Section 12.03 of this Code.
Adaptive Reuse Subareas. The areas mapped as the Adaptive Reuse Subareas by Section 9 of the Citywide Adaptive Reuse Ordinance (Ord. No. 188,793).
Legacy Small Business. Any business that meets all the following criteria: has been in continuous operation within a 2-mile radius of the Adaptive Reuse Project site, in the geographical boundaries of the City of Los Angeles for at least 20 years, with no break in operations exceeding two years, and that meets at least two of the following standards:
(i) Has no more than 50 full-time equivalent employees;
(ii) Employs individuals capable of speaking non-English languages who can serve multi-lingual members of the community and 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 5 feet of the entrance along the primary street lot line, and shall be a minimum of 8 1/2" by 11" in size, with text in at least a 12-point font;
(iii) The business accepts government issued assistance such as Electronic Benefits Transfer (EBT) and posts a placard stating that it accepts government issued assistance such as EBT.
The placard shall be located within 5 feet of the entrance along the primary street lot line, and shall be a minimum of 8 1/2" by 11" in size, with text in at least a 12-point font;
(iv) The business pays employee wages equal to or greater than those for non-airport employees as specified in Section 10.37.2 of Article 11 of the Los Angeles Administrative Code.
Live/Work Unit. A dwelling unit that includes workspace designated for productive uses and entrepreneurial activities, so long as such uses and activities are allowed in the underlying zone, and that may include areas for display or sale of products produced therein.
Non-Residential Use. Any use other than those defined in Residential Use.
Residential Use. Any use that provides housing accommodations serving as a primary residence or having an occupancy of greater than thirty days, or that provides residential Supportive Services, or that is a Home Occupation. A Residential Use only includes Dwelling Units, Efficiency Dwelling Units, Supportive Housing, Dormitories, Guest Rooms, Live/Work Units, or Joint Living and Work Quarters.
(d) Uses Allowed in Adaptive Reuse Projects. Notwithstanding any other provisions of this Code to the contrary, an Adaptive Reuse Project that is eligible for the incentives provided in this subdivision
shall be allowed as follows:
(1) In all or any portion of an eligible building or parking building, a change of use is allowed from an existing Non-Residential Use or Hotel, excluding a Residential Hotel or Residential Unit as
defined in Section 47.73 of this Code, to a new Residential Use.
(2) A change of use from Non-Residential Use to a Hotel shall only be allowed in an Adaptive Reuse Project located in the Adaptive Reuse Subareas if approved under Section 12.24 U.4. and
Section 13B.2.3. of this Code.
(3) A change of use from a Hotel, excluding a Residential Hotel or Residential Unit as defined in Section 47.73 of this Code, to a Residential Use may be allowed in an Adaptive Reuse Project,
provided that the Hotel has fewer than 300 rooms, with the room count based on the date of the hotel's initial Certificate of Occupancy or January 1, 2025, whichever room count is greater.
(4) Only an Adaptive Reuse Project that results in five or more residential units that meet the definition of Residential Use defined in this subdivision, shall be eligible for the incentives and
procedures in this subdivision.
(5) Active Ground Floor Uses. An existing ground floor commercial use may be converted to a Residential Use provided that the converted ground floor maintains active uses as follows: at least
the first 15 feet of depth of the converted ground floor, measured perpendicularly from the primary pedestrian entrance, shall have indoor occupiable space designed and intended for general
commercial use, public and institutional use, and/or common indoor amenity space, including Live/Work Unit(s), fitness room(s), lounge(s), lobbie(s) or co-working space(s).
(6) Transparency. The ground floor of the building may be modified provided that the new ground floor use either maintains or increases transparency of the existing facade and does not reduce
the existing condition of exterior glazing. This requirement shall apply when any portion of a ground floor is accessed directly from a public street, or along the entirety of any facade that serves as
the primary pedestrian entrance for the building. Notwithstanding the above, reductions in ground floor transparency shall be allowed as required for seismic reinforcement, fire/life safety concerns,
or other upgrades to improve building system performance of the existing building.
Table 12.22 A.26.(d)(7): For illustrative purposes only, the below table summarizes the changes of use allowed in Adaptive Reuse Projects as described in Section 12.22 A.26.(d)(1) - (3) above.
Change of use of Buildings Permitted (P) or
Applicable Area
From Existing Use To Proposed Use Not Permitted (NP)
Change of use of Buildings Permitted (P) or
Applicable Area
From Existing Use To Proposed Use Not Permitted (NP)
Residential Use P
Non-Residential Use
Hotel NP
Hotel, except for change of
Citywide* use of any existing Permitted (P) if Hotel has
Residential Hotel or Residential Use fewer than 300 guest
Residential Unit as defined rooms
in LAMC Section 47.73
Residential Use or Hotel Non-Residential Use NP
Residential Use P
Non-Residential Use Permitted (P) with Class 3
Hotel
Conditional Use Permit
Hotel, except for change of
Subareas use of any existing Permitted (P) if Hotel has
Residential Hotel or Residential Use fewer than 300 guest
Residential Unit as defined rooms
in LAMC Section 47.73
Residential Use or Hotel Non-Residential Use NP
Except for that portion of Los Angeles within the boundaries of the Downtown Community Plan and Community Plan areas subject to Article 9 of Chapter 1A of the new Zoning Code as they are adopted.
(e) Eligible Buildings. The provisions of this subdivision shall apply to Adaptive Reuse Projects in all or any portion of the following buildings and parking buildings located in the R2, RD1.5, RD2,
RD3, RD4, RD5, RD6, RW2, R3, RAS3, R4, RAS4, R5, CR, C1, C1.5, C4, C2, C5, CM, P, PB, and PF Zones, and any zones within a specific plan or supplemental use district listed in Paragraph (I) in which multifamily residential uses are allowed, provided that the qualifying age of the building or parking building, as listed below, is verified by a Certificate of Occupancy, finaled building permit, or other similar suitable government issued documentation.
(1) Buildings constructed according to the building and zoning codes in effect at the time they were constructed, for which at least 15 years have elapsed since the date of permitted and completed
construction.
(2) Buildings constructed according to the building and zoning codes in effect at the time they were constructed, for which at least five years, but less than 15 years, have elapsed since the date of
permitted and completed construction, if the Adaptive Reuse Project is approved pursuant to Section 12.24 X.1.(c) and Section 13B.2.1. (Class 1 Conditional Use Permit) of this Code.
(3) Any parking building, or parking area within an existing building, constructed according to the building and zoning codes in effect at the time they were constructed, for which at least five
years have elapsed since the date of permitted and completed construction.
(f) Procedures. An Adaptive Reuse Project that meets the applicable requirements of Section 12.22 A.26.(e) of this Code, shall be reviewed according to the following procedures based on the age of the
building or parking building and the requested incentives.
(1) Building Permit Review. For purposes of this section, the following Adaptive Reuse Projects that seek incentives described in Section 12.22 A.26.(h) shall be issued building permits if they
comply with this subdivision and all other applicable requirements under the Code:
(i) Adaptive Reuse Projects involving building(s) for which at least 15 years have elapsed since the date of permitted and completed construction;
(ii) Adaptive Reuse Projects involving existing parking building(s) or parking areas within an existing building for which at least five years have elapsed since the date of permitted and completed construction.
(2) Administrative Review. The following projects shall be reviewed and approved by the Director of Planning under an Administrative Review process pursuant to Section 13B.3.1. of Chapter
1A of this Code, and according to the following additional procedures:
(i) Unified Adaptive Reuse Projects providing on-site affordable housing utilizing incentives pursuant to Section 12.22 A.26.(i), in combination with any incentives listed in Paragraph
12.22 A.26.(h) of Chapter I of the Code; and/or
(ii) Adaptive Reuse Projects involving a Surveyed Historic Resource, subject to all the following additional procedures:
a. Prior to the issuance of a building permit, any proposed alteration of a Surveyed Historic Resource shall be reviewed by the Office of Historic Resources to ensure compliance
with the Secretary of the Interior’s Standards for Rehabilitation. An Adaptive Reuse Project involving a Surveyed Historic Resource that complies with the Secretary of Interior
Standards for Rehabilitation shall be eligible to use the California Historical Building Code.
b. Any proposed alteration to a Surveyed Historic Resource that does not meet the Secretary of the Interior's Standards for Rehabilitation to the satisfaction of the Office of Historic
Resources shall not be eligible for Administrative Review. In such cases, the Adaptive Reuse Project shall be subject to a Class 1 Conditional Use under Section 13B.2.1. (Class 1
Conditional Use Permit) of Chapter 1A of this Code.
c. If the Director of Planning, or designee within the Office of Historic Resources, determines based on substantial evidence that the Surveyed Historic Resource is not a historical
resource, as defined by California Public Resources Code Section 21084.1, then such property shall not be considered a historical resource.
(3) Review of Projects Involving Designated Historic Resources and/or Historic Preservation Overlay Zones. Adaptive Reuse Projects involving Designated Historic Resources, or that are
located within an Historic Preservation Overlay Zone (HPOZ), shall follow the procedures below:
(i) Adaptive Reuse Projects located within an HPOZ shall be reviewed and approved pursuant to Division 13B.8. (Historic Preservation) of Chapter 1A of the Code.
(ii) Adaptive Reuse Projects involving Designated Historic Resources may be eligible for the incentives in Section 12.22 A.26.(h) of this Code; and shall be reviewed pursuant to Section
91.106.4.5 of this Code and Section 22.171 et seq. of the Los Angeles Administrative Code, as applicable.
(iii) Rooftop additions to Designated Historic Resources may be allowed in Unified Adaptive Reuse Projects providing affordable housing, as set forth in Section 12.22 A.26.(i)(2) of this
Code below; and shall be reviewed pursuant to Section 91.106.4.5 of this Code and Section 22.171 et seq. of the Los Angeles Administrative Code.
(4) Zoning Administrator Review – Class 1 Conditional Use. The Zoning Administrator shall review and approve the following Adaptive Reuse Projects pursuant to Section 12.24 X.1. and Section 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code:
(i) Adaptive Reuse Projects involving building(s) for which at least five years and less than 15 years have elapsed since the date of permitted and completed construction;
(ii) Adaptive Reuse Projects involving building(s) or parking building(s) for which at least 15 years have elapsed since the date of permitted and completed construction, and which are
requesting incentives not listed in Sections 12.22 A.26.(h) or 12.22 A.26.(i);
(iii) Unified Adaptive Reuse Projects that request floor area averaging, transfer of residential density, or both, and, which do not meet the requirements of Section 12.22 A.26.(i) of this
Code, shall be reviewed pursuant to Section 12.24 X.1.(c)(3) of this Code; and
(iv) Adaptive Reuse Projects located in the MR1, MR2, M1, M2, and M3 Zones within the boundaries of the Adaptive Reuse Subareas.
(5) Class 3 Conditional Use. Adaptive Reuse Projects involving a change of use from a Non-Residential Use to a Hotel located within the boundaries of the Adaptive Reuse Subareas shall be reviewed and approved pursuant to Section 12.24 U.4. of Chapter I and Section 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code.
(6) Review of Adaptive Reuse Projects in the Coastal Zone. Adaptive Reuse Projects located in the Coastal Zone shall be subject to any applicable Coastal Development Permit procedures
pursuant to Section 13B.9.1. of Chapter 1A of this Code.
(g) Project Area. The provisions of the Citywide Adaptive Reuse Ordinance shall apply within the City, except for the Downtown Community Plan Area, and other areas of the City that become subject to the standards in Chapter 1A of this Code through a Community Plan update. Adaptive Reuse Projects within the Downtown Community Plan Area shall be subject to Section 9.4.5 (Downtown Adaptive Reuse Program) of Chapter 1A of this Code; and other areas of the City that become subject to the standards in Chapter 1A of this Code through a Community Plan update, shall be subject to Section 9.4.6 (Citywide Adaptive Reuse Program) of Chapter 1A of this Code.
(h) Incentives. Notwithstanding any other provisions of this Code to the contrary, an Adaptive Reuse Project shall be entitled to the incentives in Subparagraphs (1) through (15) below.
(1) Rooftop Amenity Structures. An Adaptive Reuse Project may construct new rooftop amenity structures on the existing roof, whether on the uppermost or on multiple roof levels. Such
rooftop amenity structures shall not constitute new floor area or height. The construction of new rooftop amenity structures shall meet all other Los Angeles Municipal Code requirements and shall:
(i) Be constructed and maintained for the sole purpose of providing additional amenities or open space for the use of all residents or guests, such as fitness rooms, lounges, or shade
structures; and
(ii) Shall not exceed one story in height.
(2) Intermediate Levels. An Adaptive Reuse Project may include an intermediate level or levels between the floor and ceiling of any existing permitted story, including mezzanines. Such
intermediate levels shall not constitute new floor area if they are added entirely within the existing building envelope.
An intermediate level may consist of either a partial or full floor, and the clear height above and below the intermediate level shall be compliant with the requirements of California Building Code Section 1208.2, as adopted and amended by the City in Chapter IX of this Code.
(3) Density. New Residential Uses shall not be subject to the minimum lot area per Dwelling Unit requirements, or minimum lot area per Guest Room requirements, of the zone in which they are
located.
(4) Minimum Unit Size. Adaptive Reuse Projects shall be exempt from any minimum unit size zoning requirements. Dwelling Unit or Guest Room sizes shall be subject to all other Los Angeles
Building Code and Los Angeles Fire Code requirements that regulate room size to protect health, life safety, and/or habitability.
(5) Off-Street Automobile Parking and Bicycle Parking. As part of an Adaptive Reuse Project, any off-street automobile parking space or spaces that exist in excess of current parking requirements may be converted to a Residential Use, residential amenities, or other uses as allowed by this subdivision in addition to any uses allowed by the underlying zone. The required number of parking spaces shall be the same as the number of spaces that are observed to physically exist on the site at the time of application submittal for the Adaptive Reuse Project. Observed existing parking spaces that are maintained in their current configuration shall otherwise be exempt from the provisions of Sections 12.21 A.4. and 12.21 A.5. of this Code. Reconfiguration of such existing parking spaces to bring the parking layout up to current standards, such as for the purposes of improving safety or access, or to accommodate required structural, seismic or mechanical system upgrades, shall also be exempt from the requirements of Sections 12.21 A.4. and 12.21 A.5. of this Code.
All new parking spaces provided in excess of the minimum parking required by the Code shall comply with Section 12.21 A.5. of this Code. However, any combination of standard, compact or
tandem spaces may be provided for parking spaces above the number of spaces observed to physically exist at the time of application. New tandem parking spaces created pursuant to this paragraph may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times the parking area is open for use.
The total number of parking spaces required shall be calculated based on the Adaptive Reuse Project’s proposed number of Dwelling Units, Efficiency Dwelling Units, Supportive Housing, Dormitories, Live/Work Units, Joint Living and Work Quarters, or Guest Rooms, and any other remaining Non-Residential Uses. Should the total number of parking spaces be less than the number of observed spaces that physically exist at the time of application submittal, then the project may reduce the parking spaces to the number of spaces required under the parking calculation.
Adaptive Reuse Projects subject to the parking exemptions under Government Code Section 65863.2 shall still provide electrical vehicle parking spaces, (EV) supply equipment and parking spaces accessible to persons with disabilities, according to the EV and accessible parking standards in this Chapter and the Los Angeles Green Building Code. The total number of new EV and accessible parking spaces shall be based on the total number of parking spaces provided in the Adaptive Reuse Project.
Adaptive Reuse Projects shall not be subject to the Bicycle Parking Ordinance for Residential Uses, codified at Section 12.21 A.16. of Chapter I or Division 4C.3 of Chapter 1A of this Code.
However, the required number of bicycle parking spaces shall be the same as the number of spaces that physically existed on the lot at the time that the application for the Adaptive Reuse Project was submitted. If the total bicycle parking is separately calculated based on the Adaptive Reuse Project’s proposed number of Dwelling Units, Efficiency Dwelling Units, Supportive Housing, Dormitories, Live/Work Units, Joint Living and Work Quarters, or Guest Rooms, and the calculated bicycle parking requirement is less than the number of bicycle parking spaces that exist on the lot, then the number of existing bicycle parking spaces may be reduced to the number of bicycle parking spaces required under the parking calculation.
(6) Floor Area. Existing, permitted floor area that exceeds the floor area permitted by the zone, height district, specific plan, supplemental use district, or any other citywide provision of Chapter I
of this Code shall be allowed to remain. The following shall not constitute new floor area that enlarges an existing building or parking building:
(i) A change of use of any area within the envelope of an existing building to Residential Use;
(ii) The change of use of any area within the envelope of an existing building to common amenities or open space areas for residents or guests, or to other incidental Accessory Use; or
(iii) All other areas exempted from floor area calculation, pursuant to Section 12.21.1 A.5. of this Code.
(7) Floor Area Reallocation. An Adaptive Reuse Project may remove existing permitted floor area from an existing building to create new interior light wells or courtyards, recessed balconies or
other open space inset from exterior walls, or other such features that provide natural light and ventilation and improve habitability. Any amount of existing permitted floor area removed from an existing building may be reallocated to building additions that extend or increase the gross floor area outside the envelope of an existing building but do not increase the number of stories or height of the structure. Any addition resulting from this reallocation shall be eligible for incentives under Section 12.22 A.26.(h) provided that the addition meets all requirements of Chapter I of this Code for new residential construction, including, but not limited to, required open space, yards, and height.
Figure 12.22 A.26.(h)(7)(i):
Example of Reallocation of Existing Floor Area
(8) Height. Notwithstanding any current height limit of the underlying zone, height district, specific plan, supplemental use district, or any other applicable citywide provision of Chapter I of the
Code, an existing permitted building that is part of an Adaptive Reuse Project shall be allowed to maintain its existing permitted height.
Any additional story created entirely within an existing permitted building, which is part of an Adaptive Reuse Project, shall be exempt from any limit on the number of stories imposed by Chapter I of this Code. New rooftop amenity structures located on the existing roof, pursuant to Section 12.22 A.26.(h)(1) of this Code, or additional stories added pursuant to Section 12.22 A.26.(i)(2) of this Code, shall be exempt from the maximum allowable height or number of stories established in the underlying zone or overlay.
(9) Yards. An existing yard that is non-conforming to current yard requirements of the zone, specific plan, supplemental use district, or any other citywide provision of this chapter, and was
created by a permitted structure, shall be allowed to remain.
(10) Step-backs and Transitional Height. An existing permitted building that is part of an Adaptive Reuse Project shall be exempt from any applicable upper story or building mass provisions established by the zone, height district, specific plan, supplemental use district, or any other citywide provision of this chapter.
(11) Open Space and Landscaping. An existing permitted building that is part of an Adaptive Reuse Project shall be exempt from any common or private open space requirements that a change
of use would otherwise require. However, if an existing building site includes open, outdoor gathering areas such as plazas, courtyards, terraces, or roof gardens, then at least 50 percent of this existing open space shall be retained.
New landscaping shall not be required in an Adaptive Reuse Project, except that public realm improvements shall be provided in the form of new street trees in accordance with the standards of Point 1.2 a., of the Landscape and Site Design Ordinance Point System, referenced in Section 12.40 of this Code.
(12) Mini-Shopping Center and Commercial Corner Development Regulations. An Adaptive Reuse Project shall be exempt from the mini-shopping center and commercial corner
development regulations set forth in Section 12.22 A.23. of this Code.
(13) Project Review. An Adaptive Reuse Project shall be exempt from Project Review under Section 13B.2.4. of Chapter lA of the Code.
(14) Loading Space. Where an existing loading space is provided, such space may be retained and shall be allowed to maintain its current, existing dimensions, notwithstanding the provisions of Section 12.21 C.6. of this Code. If no loading space exists, then no loading space shall be required for the development of an Adaptive Reuse Project.
(15) Commercial Tenant Preservation or Retention.
(i) An Adaptive Reuse Project that preserves or retains an active ground floor use shall be eligible for exemption from the calculation of floor area as provided in this paragraph. Up to
1,500 square feet of active uses located on the ground floor shall be exempt from the calculation of floor area, provided that the exempted ground floor space meets all the following requirements:
a. Active space shall be designed and intended for Neighborhood Retail and Service Uses. Areas for circulation, storage, mechanical equipment, automobile parking, lobbies,
mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15 percent of an area designated as an active use.
b. The project shall provide ground floor transparency of at least 60 percent along the primary Frontage, except that existing commercial tenants retained in place shall comply with
the provisions of Section 12.22 A.26.(d)(6) of this Code.
c. The project shall provide a ground floor entrance, at minimum, for every 50-foot interval along the front property line that provides both ingress and egress pedestrian access to
the ground floor of the building, except that existing commercial tenants retained in place shall be exempt from this requirement.
(ii) Any Adaptive Reuse Project that preserves or retains a Legacy Small Business shall receive a floor area ratio bonus equivalent to two times the existing square floor area of the Legacy
Small Business.
When new construction retains a Legacy Small Business or multiple Legacy Small Businesses on the ground floor of a development, either by preservation of the tenant spaces or by the leasing of new tenant spaces to Legacy Small Businesses, the floor area of those Legacy Small Businesses may be exempted from the total floor area calculation of the new construction. Proof of retention to the satisfaction of the City shall be required, and may be satisfied with: a legible, signed, and dated copy of a lease agreement; a recorded covenant in a form approved by the City; and a written, signed confirmation of the Legacy Small Business owner.
(i) Incentives for Unified Adaptive Reuse Projects Providing Affordable Housing. In addition to the incentives offered under Section 12.22 A.38. or Section 12.22 A.39. of this Code, and the
incentives in Paragraph (h) above, a qualifying Unified Adaptive Reuse Project that provides the required affordable housing may use one or both of the following incentives.
(1) Type I Unified Adaptive Reuse Projects: Unlimited Density Bonus for New Construction. A Unified Adaptive Reuse Project may use unlimited density for the new construction
consistent with the eligibility standards and other provisions of Sections 12.22 A.38.(e)(2), 12.22 A.38.(f)(2), and 12.22 A.39.(c)(9) of this Code.
Type I Unified Adaptive Reuse Projects shall be subject to all of the following:
(i) Accessible Amenities. All site amenities, whether located in the existing building(s) or as an expansion of new floor area, shall be accessible to all occupants. Access to amenities for
Restricted Affordable Units shall comply with Section 16.61 of this Code, including the Fair Housing Requirements for Affordable Housing.
(ii) Designated Historic Resources or Surveyed Historic Resources. For buildings listed as Designated Historic Resources or Surveyed Historic Resources that are part of a Unified
Adaptive Reuse Project, the existing floor area, up to a maximum of 50,000 square feet, shall be exempt from the maximum floor area limit for the lot or lots. However, this incentive shall not be used if the Unified Adaptive Reuse Project involves any demolition or facade alteration, of any portion of a Designated Historic Resource or Surveyed Historic Resource, that does not comply with the Secretary of the Interior's Standards.
(iii) Restricted Affordable Units. The required number of Restricted Affordable Units in the Unified Adaptive Reuse Project shall be provided according to the applicable provisions of
Sections 12.22 A.38.(c) or 12.22 A.39.(c) of this Code.
(iv) Floor Area Averaging and Transfer of Residential Density. A Unified Adaptive Reuse Project shall be permitted to use floor area averaging, transfer of residential density, or both.
All owners of the property requesting floor area averaging, transfer of residential density, or both, and all owners of each lot contained in the Unified Adaptive Reuse Project shall execute and record a covenant and agreement against each subject lot. A copy of each executed and recorded covenant and agreement shall be filed with the Los Angeles City Planning Development Services Center. Each covenant shall run with the land, be approved by the Director or their designee prior to the issuance of any building permits, and guarantee the following: the use of any floor area converted to a Residential Use shall be maintained and not changed; all occupants of the Unified Adaptive Reuse Project shall have equal access to all site amenities; and the pedestrian circulation between buildings and site amenities shall be maintained and not reduced.
Figure 12.22 A.26(i)(1)(iv)a.:
Example of a Type I Unified Adaptive Reuse Project with New Construction on the Same Lot
Figure 12.22 A.26(i)(1)(iv)b.:
Example of Type I Unified Adaptive Reuse with New Construction Directly Across the Street or Alley from a Lot
(v) Termination of Approval. An applicant utilizing any of the incentives of this Paragraph must have a building permit plan check application deemed complete for the entirety of the Unified Adaptive Reuse Project within seven years of obtaining any Administrative Review approval for the Unified Adaptive Reuse Project. Failure to do so shall result in the Administrative Review approval becoming null and void with no further force or effect, and all subsequent project phases shall be subject to a Class 1 Conditional Use approval process described in Section 13B.2.1 of Chapter 1A of this Code.
(2) Type II Unified Adaptive Reuse Projects: Density Bonus for Two Additional Stories. A Unified Adaptive Reuse Project shall be eligible for up to a two-story addition to the uppermost floor of the existing permitted building. Such addition shall be exempt from floor area or height limitations, and shall be subject to all the following:
(i) Limitation. The two additional stories shall be limited to either two stories above existing conditions or two stories above the maximum height allowed by the project site's underlying
zone, whichever is greater.
Figure 12.22 A.26(i)(2)(i)a.:
Type II Unified Adaptive Reuse with Two Additional Stories
(ii) Additional Floor Area and Height. A project utilizing this incentive shall be eligible for additional FAR and height incentives as described in Table 12.22 A.38.(e)(2)(i) or Table
12.22 A.38.(f)(2)(i) of Section 12.22 A.38. and Table 12.22 A.39.(e)(1) of Section 12.22 A.39. of this Code, only if used in conjunction with a Type I Unified Adaptive Reuse Project.
(iii) Restricted Affordable Units. Restricted Affordable Units included in the two additional stories shall be provided according to the affordability percentages listed under Section 19.18
B.2.(b) of this Code, shall meet the affordable housing requirements under Section 16.61 of this Code, and shall meet the Fair Housing Requirements for Affordable Housing. The required percentage of Restricted Affordable Units shall be based upon the complete number of residential units proposed in the new floor area within the additional stories.
(j) Adaptive Reuse Projects Filed Pursuant to State Law. For projects filed pursuant to California Government Code Section 65913.12, an extremely affordable adaptive reuse project, as defined by that statute, in any zone may be allowed to use the incentives in Sections 12.22 A.26.(h) and 12.22 A.26.(i) of this Code. To qualify as an extremely affordable adaptive reuse project, the project shall meet all of the affordability criteria under Section 65913.12(a)(3)(D) of the California Government Code, as defined on the date of adopting this paragraph.
Exception: Any extremely affordable adaptive reuse project on a site, adjoining a site, or across a street or alley from a site where more than one-third of the square footage on the site is dedicated to industrial uses shall not be eligible for the provisions of this paragraph. For purposes of Paragraph (j), the term “dedicated to industrial uses” shall have the same meaning as that term is defined in Section 65913.12(a)(1) of the California Government Code, as defined on the date of adopting this paragraph.
(k) Uses. Notwithstanding the nonconforming provisions of Section 12.23 of this Code, or the provisions concerning the location of Accessory Buildings under Section 12.21 C.5. of this Code, all new Residential Uses shall be allowed in Adaptive Reuse Projects, so long as the use is allowed by the underlying zone or approved under Section 12.24 X.1. and Section 13B.2.1 (Class 1 Conditional Use Permit) of this Code.
(l) Relationship to Specific Plans and Supplemental Use District Ordinances. Unless otherwise stated in this subdivision, Adaptive Reuse Projects, aside from any expansion of new floor area as part of a Unified Adaptive Reuse Project, shall not be subject to zoning regulations found in specific plans and supplemental use districts, including, but not limited to, the Ordinances listed below:
(1) Alameda District Specific Plan (171,139)
(2) Avenue 57 Transit Oriented District (174,663)
(3) Bunker Hill Specific Plan (182,576)
(4) Central City West Specific Plan (166,704)
(5) Century City North Specific Plan (156,122)
(6) Century City West Specific Plan (186,370)
(7) Century City South Specific Plan (168,862)
(8) Coastal Bluffs Specific Plan (170,046)
(9) Coliseum District Specific Plan (185,042)
(10) Colorado Boulevard Specific Plan (178,098)
(11) Cornfield Arroyo Seco Specific Plan (182,617)
(12) Crenshaw Corridor Specific Plan (184,795)
(13) Devonshire / Topanga Corridor Specific Plan (168,937)
(14) District No-Ho Specific Plan (188,144)
(15) Exposition Corridor Transit Neighborhood Plan (186,402)
(16) Foothill Boulevard Corridor Specific Plan (170,694)
(17) Girard Tract Specific Plan (170,774)
(18) Glencoe / Maxella Specific Plan (171,946)
(19) Granada Hills Specific Plan (184,296)
(20) Hollywoodland Specific Plan (168,121)
(21) Jordan Downs Urban Village Specific Plan (184,346)
(22) Los Angeles International Airport (LAX) Specific Plan (185,164)
(23) Los Angeles Sports and Entertainment District Specific Plan (181,334)
(24) Loyola Marymount University Specific Plan (181,605)
(25) Mt. Washington / Glassell Park Specific Plan (168,707)
(26) Mulholland Scenic Parkway Specific Plan (167,943)
(27) North University Park Specific Plan (158,194)
(28) North Westwood Village Specific Plan (163,202)
(29) One San Pedro (188,594)
(30) Oxford Triangle Specific Plan (170,155)
(31) Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371)
(32) Paramount Pictures Specific Plan (184,539)
(33) Park Mile Specific Plan (162,530)
(34) Playa Vista Area D Specific Plan (176,235)
(35) Porter Ranch Land Use / Transportation Specific Plan (185,903)
(36) San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736)
(37) San Pedro Specific Plan (166,352)
(38) San Vicente Scenic Corridor Specific Plan (173,381)
(39) Television City 2050 (188,467)
(40) University of Southern California University Park Campus Specific Plan (182,343)
(41) Valley Circle Boulevard/Plummer Street Scenic Corridor Specific Plan (151,615)
(42) Valley Village Specific Plan (168,613)
(43) Venice Coastal Zone Specific Plan (175,693)
(44) Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052)
(45) Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749)
(46) Warner Center 2035 Plan (182,766)
(47) Westwood Community Multi-Family Specific Plan (163,203)
(48) Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644)
(49) Wilshire - Westwood Scenic Corridor Specific Plan (155,044, 176,416)
(50) Hollywood CPIO (Ordinance No. TBD)
(51) San Pedro CPIO District (185,539)
(52) South Los Angeles CPIO District (185,927)
(53) Southeast Los Angeles CPIO District (185,925)
(54) Sylmar CPIO District (184,268)
(55) West Adams - Baldwin Hills - Leimert CPIO District (184,794)
(56) Westchester - Playa del Rey CPIO District (187,155)
(57) Broadway Theater and Entertainment District Design Guide (180,871)
(58) Canoga Park - Commercial Corridor CDO District (174,519)
(59) Cypress Park & Glassell Park CDO (108,561)
(60) Downtown Canoga Park CDO District (173,508)
(61) Downtown Westchester CDO District (179,907)
(62) Echo Park CDO District (180,880)
(63) Fletcher Square CDO District (178,157)
(64) Lincoln Boulevard CDO District (179,906)
(65) Lincoln Heights CDO District (176,658)
(66) Little Tokyo CDO District (183,011)
(67) Loyola Village CDO District (180,797)
(68) Miracle Mile CDO District (176,331)
(69) Pacoima CDO District (175,545)
(70) Panorama City CDO (175,549)
(71) Reseda Central Business District CDO District (176,557)
(72) Sun Valley CDO District (174,398)
(73) Toluca Lake Village CDO (184,366)
(74) Van Nuys Central Business District CDO District (174,420)
(75) West Wilshire Boulevard CDO District (174,161)
(76) Atwater Village POD (173,676)
(77) Westwood / Pico NOD (171,859)
(78) Westwood Boulevard POD (174,260)
(79) Redevelopment Plan Areas (186,325)
Reasonable Accommodation – Fair Housing Protections for Individuals with Disabilities. See Sec. 13B.5.5. (Reasonable Accommodation) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Automotive Use. (Added by Ord. No. 178,382, Eff. 3/24/07.) In the C2 or less restrictive zones, a new automotive use, change of use or addition of floor area to an existing automotive use may be established without first obtaining an approval pursuant to Section 12.24 W.4. of this Code if the development standards set forth in Paragraph (a) and the operating conditions set forth in Paragraph (b) of this subdivision are met. Notwithstanding the above, new automobile dealership franchises, and their associated activities, are exempt from the requirements of this subdivision.
(a) Development Standards.
(1) Windows. The exterior walls and doors of any building, excluding bay doors and/or security grills, housing an automotive use, which are parallel to a street, shall consist of at least 50 percent
transparent windows, unless otherwise prohibited by law.
(2) Bay Doors. Bay doors or vehicle entrances, exits and openings shall not face any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone that is within 100-feet from the face of the building containing the bay door, vehicle entrance, exit or opening.
(3) Wash Rack. Every wash rack shall be constructed or arranged so that entrances, exits and openings shall not face any school, lot with a Certificate of Occupancy for a one-family dwelling,
multiple-family dwelling, or mixed use project containing a residential use, or A or R zone within 100-feet of the side of the building containing the bay door, vehicle entrance, exit or opening.
(4) Fences. Fences or walls erected along the front lot line shall not exceed 36-inches in height.
(5) Automotive hoists. Automotive hoists of any type or size, shall be located and operated only inside a building enclosed on at least three sides.
(6) Signs.
(i) In addition to the requirements set forth in Sections 91.6201 et seq. of this Code, no person shall erect a pole sign or projecting sign, as defined in Section 91.6203 of this Code, on the lot or lots without first obtaining a conditional use permit pursuant to Section 12.24 W.4. of this Code.
(ii) Monument signs and information signs may only be located within the landscape-planted areas of the lot or lots.
(7) Utilities. All new utility lines which directly service the lot or lots shall be installed underground. If underground service is not available at the time the application is submitted and fees paid for plan check, then provisions should be made for future underground service to the satisfaction of the Bureau of Engineering, if determined necessary by the Department of Water and Power.
(8) Walls and Trash Storage. A solid masonry wall at least six feet in height shall be erected along the lot lines of the lot or lots where the lot or lots abut or are across an alley from any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, or A or R zone, except for that portion of the lot line where
an access driveway is required by the City as determined by the Department of Building and Safety. Trash storage bins shall be located within a gated enclosure constructed of solid masonry and finished to match the exterior wall materials of the main building.
(9) Landscaping. All landscaping shall comply with Sections 12.41, 12.42 and 12.43 of this Code and the following requirements:
(i) Landscaping – Setback. A landscaped, planted area having a minimum width of five feet shall be required along all street frontages of the lot or lots, except for that portion of the lot
line where an access driveway is required by the City as determined by the Department of Building and Safety, and on the perimeters of all parking areas of the lot or lots that abut a residential zone or use.
(ii) Irrigation System. An automatic irrigation system shall be provided for all landscaped, planted areas. The system shall be installed and operational prior to the issuance of any
certificate of occupancy.
(10) Lighting. All exterior and flood lighting shall be directed onto the lot or lots and shall be designed to eliminate any glare to adjoining properties.
(b) Operating Conditions.
(1) Spray painting shall not be conducted.
(2) Junkyard or automobile dismantling activities shall not be conducted.
(3) Public address system shall not be permitted.
(4) Site cleaning, sweeping, trash collection, and deliveries to the site shall be limited to the following hours: Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday and Sunday 8:00 a.m. to 5:00 p.m. Notwithstanding the above, trash collection shall not be allowed on Sundays or legal holidays.
(5) Hours of operation shall be limited to: Monday through Friday, 7:00 a.m. to 7:00 p.m.; Saturday, 9:00 a.m. to 8:00 p.m.; and Sunday, 11:00 a.m. to 8:00 p.m.
(6) All loading, including those of vehicles, shall occur on-site.
(7) Vehicles being repaired shall be stored on-site. Any off-site parking shall comply with Section 12.21 A.6. of this Code.
(8) Accessory sales activities shall not occur outside a fully enclosed building.
(9) Trailers and/or temporary modular buildings shall not be permitted as a work area.
(10) Arcades or game machines shall not be permitted.
(11) Temporary canopy tents shall not be permitted when the tents are visible from the street.
(12) The site where the automotive use is located shall be kept clear of weeds, rubbish, and all types of litter and combustible materials at all times. One trash receptacles shall be located for every
200 square feet of open space and shall be uniformly distributed throughout the open areas of the site.
(13) Any automotive laundry or wash rack, in which power driven or steam cleaning machinery is used, shall maintain noise levels below the levels provided in Table II of Section 111.03 of this
Code. The comparison between the noise emanating from the automotive laundry or wash rack and from Table II shall be made in the manner set forth in Section 111.02(a) of this Code.
(14) Any automotive sound shop or automotive alarm shop shall be wholly conducted within a fully enclosed building. No portion of the building or its associated parking area shall be within 50 feet of any school, lot with a Certificate of Occupancy for a one-family dwelling, multiple-family dwelling, or mixed use project containing a residential use, A or R zoned lot.
(15) All operational conditions imposed by the Department of Building and Safety in its annual inspections of automotive repair and used vehicle sales area pursuant to Section 12.26 I. of this
Code shall be followed.
(16) On-site pennants, banners, ribbons, streamers, spinners, balloons and supergraphic signs are prohibited.
(17) All windows and glass doors shall be maintained free of any signs.
(18) Covenant. Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of Planning, acknowledging that the owner shall implement each of the conditions set forth in this paragraph, and shall not permit the establishment of any uses enumerated in Section 12.24 W.4. of this Code without first obtaining a conditional use approval. The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners. The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.
(c) Existing Building Changed to Automotive Use and/or an Existing Automotive Use Being Expanded or Remodeled. An existing building or buildings may be converted or an existing automotive use may be expanded without first obtaining a conditional use approval if all of the following requirements are met:
(1) All alterations result in no more than a 20 percent increase in the existing floor area of all of the buildings on a lot or lots cumulatively over the previous five years.
(2) The proposed automotive use complies with all the conditions of operation of Paragraph (b) above.
(3) Any reuse of an existing structure that is required to go through a CUP process shall have all standards established by the Zoning Administrator.
(d) Specific Plan Compliance. Notwithstanding any other provision of this Code to the contrary, if the Director determines that the provisions of this subdivision conflict with those of an adopted
Specific Plan, pedestrian oriented, commercial and artcraft, community design overlay, historic preservation overlay or transit-oriented district, area or zone, then the provisions of that Specific Plan, district, area or zone shall prevail.
Floor Area Bonus for the Greater Downtown Housing Incentive Area. (Added by Ord. No. 179,076, Eff. 9/23/07.)
(a) Definitions.
Area Median Income (AMI) - the median income in the Los Angeles County as determined annually by the United States Department of Housing and Urban Development (HUD), or any successor agency, adjusted for household size.
Floor Area Bonus - an increase in floor area greater than the otherwise maximum allowable floor area, as set forth in Section 12.21.1 of the Code.
Income, Very Low, Low or Moderate - annual income of a household that does not exceed amounts designated for each income category as determined by HUD, or any successor agency.
Income, Workforce - the annual income of a household that does not exceed 150% of the Area Median Income as determined by HUD, or any successor agency.
Restricted Affordable Unit - a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Very Low, Low, Moderate or Workforce Income households, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(b) Eligibility for Floor Area Bonus. A residential (including Apartment Hotel and mixed-use) building in the Greater Downtown Housing Incentive Area containing the requisite number of Restricted Affordable Units as determined by the Department of City Planning and as set forth in Subparagraphs (1), (2) and (3) below shall be granted the following incentives in accordance with Paragraph (c) below:
(1) 5% of the total number of dwelling units shall be provided for Very Low Income households; and
(2) One of the following shall be provided:
(i) 10% of the total number of dwelling units for Low Income households; or
(ii) 15% of the total number of dwelling units for Moderate Income households; or
(iii) 20% of the total number of dwelling units for Workforce Income households.
(3) Any dwelling unit or guest room occupied by a household earning less than 50% of the Area Median Income that is demolished or otherwise eliminated shall be replaced on a one-for-one basis within the Community Plan Area in which it is located.
(4) Fractional Units. In calculating Restricted Affordable Units, any number resulting in a fraction shall be rounded up to the next whole number.
(c) Incentives.
(1) A 35% increase in total floor area. In computing the total floor area of a residential building or residential portion of a building, any public area accessible to all residents, including public
common areas that serve both residential and commercial uses, and any unenclosed architectural features and areas of a building shall not be considered part of the total floor area of a residential or residential portion of a building. The floor area shall be measured to the center line of partitions separating public and non-public common areas.
(2) The open space required by Section 12.21 G. of this chapter shall be reduced by one-half, provided that a fee equivalent to the amount of the relevant park fee, pursuant to Section 19.17, shall
be paid for all dwelling units, with the following exception: units qualifying under Section 12.33 C.3.(d) shall be allowed to reduce the open space requirement by one- half without payment of such fee. The in-lieu fee shall be placed in a trust fund with the Department of Recreation and Parks for the purpose of acquisition, development and maintenance of open space and/or streetscape amenities within the Greater Downtown Housing Incentive Area, and within the Community Plan Area in which the project is located. The in-lieu fee is independent of any required park and recreation impact fee. (Amended by Ord. No. 184,505, Eff. 1/11/17.)
(3) No parking space shall be required for dwelling units or guest rooms dedicated to or set-aside for households that earn less than 50% of the Area Median Income as determined by the Los
Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) No more than one parking space (including spaces allocated for guest parking) shall be required for each dwelling unit.
(d) Covenant. Prior to issuance of a building permit to create a residential or mixed- use building or an Apartment Hotel, the following shall apply:
(1) For any project qualifying for a Floor Area Bonus that contains rental housing for Low, Very Low, Moderate or Workforce Income households, a covenant acceptable to the Los Angeles
Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for at least 55 or 99 years as specified in Section 16.61 A. of this Code, from the issuance of the Certificate of Occupancy. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
(2) For any project qualifying for a Floor Area Bonus that contains for-sale housing for Moderate or Workforce Income households, a covenant acceptable to the Los Angeles Housing Department
and consistent with the for-sale requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
Downtown Design Guide. (Deleted by Ord. No. 188,420, Eff. 1/20/25, Oper. 1/27/25.)
Transit Oriented Communities Affordable Housing Incentive Program. (Initiative Ordinance 184,745, adopted by the voters on 11/8/16.)
(a) Application of TOC Affordable Housing Incentive Program. This Transit Oriented Communities Affordable Housing Incentive Program, and the provisions contained in the TOC Affordable
Housing Incentive Program Guidelines, shall apply to all Housing Developments that are located within a one-half mile radius of a Major Transit Stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code. Each one-half mile radius around a Major Transit Stop shall constitute a unique Transit Oriented Communities Affordable Housing Incentive Area.
(b) Preparation and Content of TOC Incentive Guidelines. Within 90 days of enactment of this Ordinance, the Director of Planning shall prepare TOC Affordable Housing Incentive Program
Guidelines (“TOC Guidelines”) that provide the eligibility standards, incentives, and other necessary components of this TOC Incentive Program described herein. Nothing in the TOC Guidelines shall restrict any right authorized in the underlying zone or height district. The TOC Guidelines shall be drafted consistent with the purposes of this Subdivision and shall include the following:
(1) Eligibility for TOC Incentives. A Housing Development located within a TOC Affordable Housing Incentive Area shall be eligible for TOC Incentives if it provides minimum required
percentages of On-Site Restricted Affordable Units, meets the applicable replacement requirements of Section 16.60 of this Code, and does not seek or receive a density or development bonus under the provisions of California Government Code Section 65915 or any other State or local program that provides development bonuses. Minimum required percentages of On-Site Restricted Affordable Units shall be determined by the Department of City Planning and set forth in the TOC Guidelines at rates that meet or exceed 11% of the total number of dwelling units affordable to Very Low income households; or 20% of the total number of dwelling units affordable to Lower Income households. The Department of City Planning shall also establish an option for a Developer to qualify for the TOC Incentives by providing a minimum percentage of units for Extremely Low Income Households, which shall be set at no less than 7%. In calculating the required Restricted Affordable Units, the percentage shall be based on the total final project unit count, and any number resulting in a fraction shall be rounded up to the next whole number. In creating the TOC Guidelines, the Department of City Planning shall identify incentives for projects that adhere to the labor standards required in Section 5 of this Ordinance provided, that no such incentives will be created that have the effect of undermining the affordable housing incentives contained herein or in Government Code Section 65915. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
(2) TOC Incentives. An Eligible Housing Development shall be granted TOC Incentives, as determined by the Department of City Planning consistent with the following:
(i) Residential Density increase. An Eligible Housing Development shall be granted increased residential density at rates that shall meet or exceed a 35% increase. In establishing the
density allowances, the Department of City Planning may allow adjustments to minimum square feet per dwelling unit, floor area ratio, or both, and may allow different levels of density increase depending on the Project’s base zone and density.
(ii) Parking. An Eligible Housing Development shall be granted parking reductions consistent with California Government Code Section 65915(p).
(iii) Incentives and Con- cessions. An Eligible Housing Development may be granted up to either two or three incentives or concessions based upon the requirements set forth in
California Government Code Section 65915(d)(2).
(c) Approval of TOC Guidelines and Incentives. The City Planning Commission shall review the TOC Guidelines and shall by vote make a recommendation to adopt or reject the TOC Guidelines.
(d) Process for Changing TOC Incentives and Eligibility. The TOC Incentives and the required percentages for On-Site Restricted Affordable Units may be adjusted for an individual TOC Affordable Housing Incentive Area through a Community Plan update, Transit Neighborhood Plan, or Specific Plan, provided that the required percentages for On-Site Restricted Affordable Units may not be reduced below the percentages set forth in subdivision (b).
(e) Procedures. Application for the TOC Incentives shall be made on a form provided by the Department of City Planning, and shall follow the procedures outlined in Los Angeles Municipal Code
Section 12.22 A.25.(g).
(f) Covenant. Prior to issuance of a building permit to create a Housing Development, the following shall apply:
(1) For any Housing Development qualifying for a TOC Incentive that contains rental housing for Extremely Low, Very Low, or Lower Income households, a covenant acceptable to the Los
Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the affordability criteria will be observed for 55 or 99 years as specified in Section 16.61 A. of this Code. (Amended by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
(2) For any Housing Development qualifying for a TOC Incentive that contains for-sale housing, a covenant acceptable to the Los Angeles Housing Department and consistent with the for-sale
requirements of California Government Code Section 65915(c)(2) shall be recorded with the Los Angeles County Recorder. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(3) If the duration of affordability covenants provided for in this subdivision conflicts with the duration for any other government requirement, the longest duration shall control.
(g) Definitions.
“Eligible Housing Development” shall mean a Housing Development that includes On-Site Restricted Affordable Units at a rate that meets or exceeds the minimum requirements to satisfy the
TOC Incentives, as determined by the Department of City Planning and as set forth in paragraph (b)(1) above.
“Extremely Low-Income Households” is defined in Section 50106 of the Health and Safety Code.
“Housing Development” shall mean the construction of five or more new residential dwellings units, the addition of five or more residential dwelling units to an existing building or buildings, the remodeling of a building or buildings containing five or more residential dwelling units, or a mixed use development containing residential dwelling units.
“Lower Income Households” is defined in Section 50079.5 of the Health and Safety Code.
“On-Site Restricted Unit” shall mean a residential unit for which rental or mortgage amounts are restricted so as to be affordable to and occupied by Extremely Low, Very Low, or Lower income households, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
“Very Low-Income Households” is defined in Section 50105 of the Health and Safety Code.
Home-Sharing. (Added by Ord. No. 185,931, Eff. 7/1/19.) In all zones wherein residential uses are permitted by right, the following shall apply:
(a) Purpose. The purpose of this subdivision is to allow for the efficient use and sharing of a residential structure which is a Host’s Primary Residence, without detracting from the surrounding residential
character or the City’s available housing stock.
(b) Definitions. The following definitions shall apply to this subdivision:
(1) Administrative Guidelines. The Department of City Planning or Office of Finance may promulgate regulations, which may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, enforcement procedures, and disclosure requirements, to implement the provisions, and consistent with the intent, of this subdivision.
(2) Booking Service. Any reservation and/or payment service provided by a Person that facilitates a Short-Term Rental transaction between a Person and a prospective guest or Transient user,
and for which the Person collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment of services provided for the transaction.
(3) Citation. Includes any enforcement citation, order, ticket or similar notice of violation, relating to the condition of or activities at a Person’s Primary Residence or property, issued by the Los
Angeles Department of Building and Safety, Los Angeles Housing Department, Los Angeles Police Department or Los Angeles Fire Department, including an Administrative Citation issued pursuant to Article 1.2 of the Los Angeles Municipal Code. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
(4) Extended Home-Sharing. Home-Sharing that is permitted for an unlimited number of days in a calendar year.
(5) Hosting Platform. A Person that participates in Short-Term Rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a Booking
Service transaction using any medium of facilitation.
(6) Host. An individual who is registered for Home-Sharing as the term is defined in Section 12.03 of this Code.
(7) Person. Shall have the same meaning as that term is defined in Section 21.7.2 of this Code.
(8) Platform Agreement. A signed agreement between a Home-Sharing Hosting Platform (Platform) and the City, which, among other things, provides that the Platform will collect and submit
the Transient Occupancy Tax to the City on behalf of Hosts and Persons listed for Short Term Rentals.
(9) Primary Residence. The sole residence from which the Host conducts Home-Sharing and in which the Host resides for more than 6 months of the calendar year.
(10) Rental Unit. A Dwelling Unit, Guest Room, Accessory Living Quarters, other residential structure, or portion thereof.
(11) Short-Term Rental. A Rental Unit, rented in whole or in part, to any Person(s) for transient use of 30 consecutive days or less. Rental Units within City- approved Hotels, motels, Transient
Occupancy Residential Structures and Bed and Breakfasts shall not be considered a Short-Term Rental.
(12) Transient. Shall have the same meaning as that term is defined in Section 21.7.2 of this Code.
(c) Home-Sharing Registration.
(1) Application. To register for Home-Sharing, an applicant shall file an application with the Department of City Planning in a manner provided by the Department, and shall include: information needed to verify the Host’s identification and Primary Residence; identification of a local responsible contact person; a list of all Hosting Platforms to be used; whether Home-Sharing is for an entire Rental Unit or a portion thereof; and any other information required by the instructions on the application and/or by the guidelines promulgated by the Director of Planning. Payment of any filing fee required under Section 19.01 E. shall be included with the application. If the required information for registration, including any filing fee, is not received within 45 days of submittal of the application, the Home-Sharing registration will be considered withdrawn.
(2) Eligibility Requirements. The following requirements must be met at the time of submitting an application for Home- Sharing registration:
(i) The applicant has obtained a Transient Occupancy Registration Certificate from the Office of Finance pursuant to Section 21.7.6 of this Code, unless the applicant exclusively lists the
applicant’s Primary Residence on Hosting Platforms that have a Platform Agreement with the City of Los Angeles.
(ii) The proposed Home- Sharing is consistent with the provisions of this subdivision and is limited to the Host's Primary Residence.
a. A renter or lessee shall not engage in Home- Sharing without prior written approval of the landlord. A renter or lessee shall provide copies of the landlord's written approval to the
City at the time of filing the application for registration. A landlord may proactively prohibit Home- Sharing by tenants at any or all of the owner’s properties by submitting a notification in writing to the Department of City Planning.
b. A Primary Residence that is subject to affordable housing covenants, and/or Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”), and/or are income-
restricted under City, state or federal law, is not eligible for Home-Sharing.
c. No Primary Residence which is the subject of any pending Citation may be registered for Home-Sharing.
d. No Person may apply for or obtain more than one Home-Sharing registration or otherwise operate more than one Home-Sharing Rental Unit at a time in the City of Los Angeles.
(3) Expiration and Renewal. A Home-Sharing registration is valid for one year from the date of issuance. It may not be transferred or assigned and is valid only at the Host’s Primary Residence. A Home- Sharing registration may be renewed annually if the Host: (1) pays the renewal fee; (2) has complied with the provisions of this subdivision for the past year; (3) provides information concerning any changes to the previous application for, or renewal of, the Home-Sharing registration; and (4) submits Home-Sharing records described in Subparagraph (e)(2) for the last year to demonstrate compliance with this subdivision, unless the Host lists exclusively on a Hosting Platform with a Platform Agreement that includes a provision for pass-through registration for applicants for a Home-Sharing registration. The records described in Subparagraph (e)(2) shall be made public to the extent required by law.
(4) Suspensions and Revocations. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.) Notwithstanding any other provision of this Code to the contrary, the Director may require the suspension, modification, discontinuance or revocation of any Home-Sharing registration if it is found that the Host has violated this subdivision or any other city, state, or federal regulation, ordinance or statute.
(i) Suspension. If a Host receives two Citations, the Host’s Home-Sharing registration shall be suspended for 30 days or as long as at least one Citation is open, whichever is longer. The
suspension shall become effective 15 days after the mailing of a Notice of Intent to Suspend the Host. If a Host initiates an appeal of either Citation, the suspension will take effect only if the appeal is not resolved entirely in the Host’s favor.
a. A Host may challenge a Citation by submitting an appeal to the City department that issued the Citation and providing notice to the Department of Planning as described in the
Administrative Guidelines.
b. Where no process is described in the Citation, a Host may challenge a Citation by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1.
(Evaluation of Non-Compliance) of Chapter 1A of this Code, with no further appeal to a Commission or City Council.
(ii) Revocation. If three Citations have been issued to the Host and have been sustained (after exhaustion of any related remedies, including appeals) within a registration year, the Host’s
Home-Sharing registration shall be revoked. The revocation of a Host’s Home-Sharing registration shall become effective 15 days after the mailing of a Notice of Intent to Revoke to the Host.
a. A Host may challenge a Notice of Intent to Revoke by submitting an appeal to the Director of Planning in accordance with the process in Sec. 13B.6.1. (Evaluation of Non-
Compliance) of Chapter 1A of this Code, with no further appeal to a Commission or City Council.
b. Pursuant to the revocation, the Host shall be prohibited from participating in Home-Sharing for one year from the effective date of the Notice of Intent to Revoke.
(iii) Modification. The Director may modify, discontinue or revoke any Home-Sharing registration based upon an order to show cause, pursuant to Sec. 13B.6.2. (Nuisance
Abatement/Revocation) of Chapter 1A of this Code, why any proposed modifications, discontinuances or revocations of any Home-Sharing registration should not be issued. The Director shall provide notice to the Host and/or recorded owner and lessee(s) of the Host’s Primary Residence to appear at a public hearing at a time and place fixed by the Director to respond to the Director’s order to show cause.
(d) Prohibitions.
(1) No Person shall offer, advertise, book, facilitate or engage in Home Sharing or Short-Term Rental activity in a manner that does not comply with this subdivision.
(2) A Host may not participate in Home-Sharing unless all advertisements clearly list the City-issued Home Sharing registration number or pending registration status number.
(3) No Host shall engage in Home- Sharing for more than 120 days in any calendar year unless the City has issued the Host an Extended Home-Sharing registration pursuant to Paragraph (h).
(4) Accessory Dwelling Units for which a complete building permit application was submitted on or after January 1, 2017, to the Department of Building and Safety pursuant to Section 12.26 A.3.
may not be used for Home- Sharing, unless an applicant demonstrates the Accessory Dwelling Unit is the applicant’s Primary Residence.
(5) No Host shall offer, advertise, or engage in Home-Sharing in a non- Residential Building, including but not limited to, a vehicle parked on the property, a storage shed, trailer or any temporary
structure, including, but not limited to, a tent.
(6) If a Host lists a Primary Residence on multiple listings on multiple Hosting Platforms, only one listing may be booked at any given time.
(7) A Host may not rent all or a portion of the Host’s Primary Residence for the purposes of Home-Sharing to more than one group of guests or under more than one booking, at any given time.
(8) Home Sharing is not permitted in buildings that have been converted from units subject to Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”) to single family homes until five years after the date of conversion.
(9) Except for allowable Home Occupations, non-residential uses including, but not limited to, sales or exchange of products, events that charge a fee, or the promotion, display or servicing of any product shall not be permitted during Home-Sharing activity.
(10) A Host shall only advertise on a Hosting Platform that was listed on the Host’s Home-Sharing application form, unless the Host has submitted a written request and received written approval from the Department of City Planning to use another Hosting Platform.
(11) No more than 2 overnight guests (not including children) are allowed per habitable room, not including kitchens, during Home-Sharing activities.
(12) There shall be no use of sound amplifying equipment, as that term is defined in Section 111.01(j) of this Code after 10:00 p.m. and no evening outdoor congregations of more than 8 people (excluding children) during Home-Sharing activities. Home-Sharing activities are subject to the noise regulations in the Los Angeles Municipal Code.
(13) A Host whose Home-Sharing registration has been suspended is prohibited from participating in Home- Sharing for the duration of the suspension.
(14) A Host whose Home-Sharing registration has been revoked may not participate in Home-Sharing unless and until a new registration is authorized.
(e) Host Requirements.
(1) A Host may be responsible for any nuisance violations, as described in Sec. 13B.6.2. (Nuisance Abatement / Revocation) of Chapter 1A of this Code, arising at the Host’s Primary Residence
during Home-Sharing activities. The Host, or owner of the Host’s Primary Residence if the Host does not own it, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(2) The Host shall keep and preserve, for a minimum period of three years, all records regarding each Home- Sharing stay, including the length of stay and the price paid for each stay, and any
other records required by Administrative Guidelines promulgated by the Director.
(3) On the Home-Sharing registration application, a Host shall acknowledge and consent to Office of Finance and other City agencies’ inspection of records at all reasonable times and places for
purposes of enforcement of this Subdivision.
(4) The Host shall fully comply with all the requirements of Article 1.7 of the Los Angeles Municipal Code (establishing the Transient Occupancy Tax) and successor Sections.
(5) The Host shall pay a per-night fee for each night of Home-Sharing, which will be deposited into the Short Term Rental Enforcement Fund per the requirements in Section 5.576 of the Los
Angeles Administrative Code. The City Council shall adopt, by resolution, a per-night fee based on an analysis of the cost of implementing, maintaining, and enforcing this subdivision.
(6) Every Host shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life and safety codes; information related to
emergency exit routes on the property and contact information, including the contact information of the Host or a designated responsible agent of the Host.
(7) Every Host that lists a Primary Residence located in a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 shall include in all Host listings and post written notices on any patio or deck that smoking is not permitted in any exterior of the property.
(8) Every Host shall provide a code of conduct to guests that includes the relevant provisions of this Subdivision and other information to address behavioral, safety, security, and other matters, as required in the Department’s Administrative Guidelines.
(9) Every Host shall authorize any Hosting Platform on which the Host’s Primary Residence is listed to provide to the City the Host listing and other information described in Subsection (f)(4).
(10) Every Host must consent to receive all City notices and citations regarding their Home-Sharing registration by U.S. mail.
(f) Hosting Platform Responsibilities.
(1) Hosting Platforms shall not process or complete any Booking Service transaction for any Person unless the Person has a valid Home-Sharing registration number issued by the City or a
pending registration status number.
(2) Hosting Platforms shall not process or complete any Booking Service transaction for any Host listing that has exceeded the authorized 120-day limit in one calendar year unless the Host has
obtained an Extended Home-Sharing approval.
(3) Within 45 days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the Department of City Planning contact information for an employee
or representative responsible for responding to requests for information, including requests related to possible violations of this Subdivision. Hosting Platforms that commence listings in the City after the effective date must provide this information prior to facilitating Home-Sharing activity or providing Booking Services within the City.
(4) Subject to applicable laws, a Hosting Platform with listings in the City shall provide to the Department of City Planning, on at least a monthly basis, in a format as specified by the City, the
Home- Sharing registration number of each listing, the name of the person responsible for each listing, the street address of each listing and, for each booking that occurs within the reporting period, the number of days booked.
(5) In the event a Hosting Platform has entered into an agreement with the Office of Finance to collect and remit Transient Occupancy Tax pursuant to Los Angeles Municipal Code Section 21.7.1
et seq., and a Host has assigned the responsibilities for the collection and remittance of the Transient Occupancy Tax to the Hosting Platform, then the Hosting Platform and the Host shall have the same duties and liabilities, including but not limited to the collection and remittance of the tax to the City on a monthly basis.
(6) Exception. The provisions of this paragraph shall not apply to a Hosting Platform whenever it (a) complies with the Administrative Guidelines, issued by DCP and approved by resolution of
the City Council, that describe how the Platform shall satisfy the Hosting Platform responsibilities in this paragraph, or (b) enters into a Platform Agreement, the terms of which shall be set forth in a master Platform Agreement approved by the City Council, that establishes the manner in which the Hosting Platform supports the City’s enforcement of this subdivision and meets the purposes of the Platform responsibilities in this paragraph. Each individual Platform Agreement shall be approved by the City Council.
(g) Enforcement of Violations.
(1) The provisions in this Subsection shall be in addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this Subdivision.
(2) Any Person who has failed to comply with the provisions of this Subdivision may be subject to the provisions of Section 11.00 of this Code. The owner and/or operator of any property used for Short Term Rentals, including the Host or owner of any Host Primary Residence, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection.
(3) The Director may, at any time, require the modification, discontinuance, or revocation of any Home-Sharing registration in the manner prescribed in Subparagraph (c)(4).
(4) The ACE program in Article 1.2 of this Chapter may be utilized to issue administrative citations and impose fines pursuant to this Subdivision. The citation shall be served by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the operator of the Short Term Rental, the Host, and/or the property owner, if different than the operator or Host, shown on the County’s last equalized property tax assessment roll. Fines for violations of this subdivision shall be as follows:
(i) Hosting Platform: a $1,000 fine per day shall be imposed for any of the following violations:
a. Completing a Booking Service transaction for each listing without a valid City Home-Sharing registration number or pending registration status number.
b. Completing a Booking Service transaction for each listing where more than one property is affiliated with a single Host, or each listing where the Host’s home address does not
match the listing location.
c. Completing a Booking Service transaction for any listing for a Rental Unit where the Host’s Home-Sharing or Extended Home-Sharing registration has been revoked or
suspended by the City.
d. Completing a Booking Service transaction for any Rental Unit lacking Extended Home-Sharing approval that has exceeded the authorized 120-day limit for hosting Short-Term
Rentals in one calendar year.
(ii) Owner of Primary Residence and/or Host and/or Person:
a. A daily fine of $500, or two times the nightly rate charged, whichever is greater, for advertising a Rental Unit for the purposes of Short-Term Rental in violation of this
Subdivision.
b. A daily fine of $2,000, or two times the nightly Rent charged, whichever is greater, for each day of Home- Sharing activity beyond the 120 day limit in a calendar year, unless the
Host has a valid Extended Home-Sharing Registration.
c. For all other violations of this subdivision, the administrative fine shall be levied according to the amounts described in Section 11.2.04(a)(2) of this Code. The square footage for
the use in calculating the fine shall be the amount of indoor space to which the Transient guest has access. If the square footage is unable to be ascertained, it shall be deemed to be between 500 and 2,499 square feet.
(iii) The fine amounts listed above shall be updated annually, from the date of effective date of this ordinance, according to the Consumer Price Index for All Urban Consumers (CPI-U).
(h) Extended Home-Sharing. For Hosts who participate in Extended Home-Sharing, the following shall apply:
(1) Application and Eligibility Requirements.
(i) Ministerial Approval. Extended Home-Sharing may be approved by the Director if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are
met:
a. The Host maintains a current Home-Sharing registration and has maintained a Home-Sharing registration for at least six months or has hosted for at least 60 days based on
substantial evidence provided by the Host or Hosting Platform;
b. No more than one Citation was issued within the prior three years; and
c. The Host provides proof of mailing of a notification concerning commencement of Extended Home-Sharing, which includes a Director-issued publication outlining the complaint process, to adjacent and abutting owners and occupants on a form provided by the Department.
(ii) Discretionary Approval. A discretionary review of an Extended Home-Sharing application is required if the Host complies with Subparagraph (h)(1)(i)a., but two Citations have been
issued within the prior three years.
a. If the Director finds that the matter may have a significant effect on neighboring properties, the Director may set the matter for public hearing. Written notice of the hearing shall
be sent by First Class Mail at least 21 days prior to the hearing to the applicant, owners and tenants of the property involved, owners and tenants of all properties adjacent and abutting the proposed Extended Home-Sharing activity, the City Councilmember representing the area in which the property is located, and the applicable Neighborhood Council. If the Director determines that the matter will not have a significant effect on neighboring properties, no hearing shall be held.
b. The Extended Home- Sharing application may only be approved if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are met, to the satisfaction of the Director of Planning:
- The Host provides proof of mailing of a notification, which includes a Director-issued publication outlining the complaint process, to adjacent and abutting owners and
occupants on a form provided by the Department;
- In consideration of any comments received by the public on the application, the Director finds the use is in substantial conformance with the following findings:
A. That the Extended Home-Sharing will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region;
B. That the Extended Home-Sharing operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties,
the surrounding neighborhood, the availability of housing, or the public health, welfare, and safety;
C. That the Extended Home-Sharing substantially conforms with the purpose, intent, and provisions of the General Plan, the applicable community plan, and any
applicable specific plan; and
D. That there is no substantial evidence of continued nuisance behavior from the location.
c. If no appeal is filed within 15 days from the date of the Director’s determination approving or denying an Extended Home-Sharing application, the Director’s decision is final. An appeal to the Area Planning Commission may be filed by the applicant or any adjacent and abutting owner and occupant. An appeal shall be filed at the public counter of the Planning Department within 15 days of the date of the Director's decision. The appeal shall set forth specifically how the appellant believes the Director’s findings and decision are in error. The Area Planning Commission may grant, conditionally grant or deny the appeal. The failure of the Commission to act upon an appeal within 75 days after the expiration of the appeal period, or within an additional period as may be agreed upon by the applicant and the Director, shall be deemed a denial of the appeal and the original action on the matter shall become final.
(2) Ineligibility. If the Host’s Home-Sharing registration has been suspended or revoked, the Host is not eligible to apply for Extended Home- Sharing for two years from the effective date of the revocation or suspension or as long as a Citation remains open or unresolved, whichever is later.
(3) Expiration and Renewal. An Extended Home-Sharing registration is valid for one year from the date of issuance. An Extended Home-Sharing registration is subject to the same expiration
and renewal terms described in Subparagraph (c)(3) and may be renewed annually if the Host meets the same renewal requirements in that subparagraph.
(4) Revocations. An Extended Home Sharing approval shall be revoked if there are two Citations within a registration year in accordance with the process set forth in Paragraph (c)(4). Pursuant
to the revocation, the Host shall be prohibited from participating in Home-Sharing for two years from the effective date of the Notice of Revocation or as long as a Citation remains open or unresolved, whichever is later.
(i) Administration and Regulations. No Person shall fail to comply with the Administrative Guidelines.
(j) Effective Date. This ordinance shall take effect on July 1, 2019.
(k) Severability. If any provision of this Subdivision is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of
this Subdivision which can be implemented without the invalidated provisions, and to this end, the invalid provisions of this Subdivision are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). (Added by Ord. No. 186,481, Eff. 12/19/19.)
(a) Purpose. The purpose of this subdivision is to provide for the creation of ADUs and JADUs consistent with California Government Code Sections 65852.2 and 65852.22, as amended from time to
time.
(b) Applicability. The following development standards shall apply:
(1) A detached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (d).
(2) An attached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (e).
(3) A Movable Tiny House (MTH) shall be approved if in compliance with all of the provisions in Paragraph (c), except for those provisions in Paragraph (c) which apply solely to buildings and structures; and all of the provisions in Paragraph (f).
(4) A JADU shall be approved if in compliance with all of the provisions provided in Sections 65852.2(e)(1)(A) and 65852.22 of the Government Code.
(5) An ADU described by Section 65852.2(e)(1)(A) or (C) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the
Government Code.
(6) An ADU described by Section 65852.2(e)(1)(B) or (D) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the
Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the provisions provided in Paragraph (g).
(c) Development Standards.
(1) Comply with all applicable objective provisions required pursuant to Chapter 1 of this Code, including provisions stated in the underlying applicable zone and height district, Specific Plan, Historic Preservation Overlay Zone, Community Planning Implementation Overlay and other applicable zoning ordinances, policies or other documents established pursuant to Chapter 1, Article 3 of this Code. In any instance where there is conflict, this subdivision shall govern. Notwithstanding the prior two sentences and notwithstanding anything to the contrary in this Subdivision 33:
(i) No minimum lot size requirement shall apply to an ADU;
(ii) No minimum square footage requirement for either an attached or detached ADU shall apply that prohibits an efficiency unit;
(iii) No other minimum or maximum size for an ADU, including size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open
space, and minimum lot size, shall apply for either attached or detached dwellings that does not permit at least an 800 square foot ADU that is at least 16 feet in height with 4-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(2) An ADU which complies with this subdivision shall not require a discretionary planning approval. The ADU project shall be reviewed in a ministerial and administrative manner, limited to
only considering the project’s compliance with the applicable objective standards. An application to create an ADU shall be acted upon within 60 days from the date the City receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU until the City acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(3) Except where otherwise prohibited by this subdivision, an ADU is permitted in all zones where residential uses are permitted by right.
(4) No ADU is permitted on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section
51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the following exceptions:
(i) The ADU is located within the boundaries of either the Northeast Los Angeles Community Plan Area or the Silver Lake - Echo Park - Elysian Valley Community Plan Area; or
(ii) The ADU complies with all of the following requirements:
a. Notwithstanding Subparagraph (c)(10) below, the ADU is protected throughout with an approved automatic fire sprinkler system, in compliance with the Los Angeles Plumbing
Code;
b. Notwithstanding Subparagraph (c)(12) below, one off-street parking space is provided for the ADU; and
c. The ADU is located on a lot fronting on a street that is improved with a roadway width of 20 feet or more in unobstructed width, as measured along the entire frontage of the subject property, after any associated dedication and improvement. In the event the ADU is located on a Through Lot or a Corner Lot, the lot must front on at least one street that is improved with a roadway width of 20 feet or more in unobstructed width after any associated dedication and improvement.
(5) Except as otherwise permitted by this subdivision, only one ADU is permitted per lot.
(6) An ADU may only be created on a lot that contains a proposed or existing dwelling. Other non-residential uses and accessory residential uses may be permitted on the lot, consistent with the
uses permitted by the zone.
(7) No passageway for an ADU, nor space between buildings, as per LAMC 12.21 C.2. and LAMC 12.21 C.5.(d), is required in conjunction with the construction of an ADU. Building Code
separation requirements still apply.
(8) No additional setbacks shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure,
converted to an ADU or portion of an ADU. A setback of no more than 4 feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(9) ADUs are required to comply with all applicable Building and Residential Codes for the proposed use.
(10) ADUs are not required to provide fire sprinklers if they are not required for the primary residence.
(11) ADUs located where a private sewage disposal system is being used, shall require approval by the local health officer.
(12) Parking Requirements:
(i) ADU Parking. One parking space is required for an ADU, except that no parking is required for an ADU that is:
a. Located within one- half mile walking distance of a public transit. For this purpose, public transit means a location, including, but not limited to, a bus stop or train station, where
the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public; or
b. Located within one block of a designated pick-up and drop-off location of a car share vehicle; or
c. Located in an architecturally and historically significant district listed in or formally determined eligible for listing in the National Register of Historic Places or California
Register of Historical Resources or located in any City Historic Preservation Overlay Zone; or
d. Part of the proposed or existing primary residence or an accessory structure.
(ii) ADU Parking Location. ADU parking is allowed in any yard area or passageway. When located in a required front yard, the parking must be located on an existing driveway. Parking
may be provided through tandem parking where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Driveway access areas located in the required front yard shall not be expanded to provide required parking. Other objective parking and driveway standards in the LAMC apply, including those found in Sections 12.21 A.5. and 12.21 A.6. However, Section 12.21 A.6.(d) of this Code shall not apply to parking required for an ADU.
(iii) Replacement Parking. No replacement parking shall be required when a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or
converted to an ADU.
(d) Detached Accessory Dwelling Unit Requirements. Detached ADUs, except those described in Paragraph (f), below, must comply with all provisions of Paragraph (c) and all of the following provisions provided in this Paragraph (d). In addition, Detached ADUs must comply with all applicable provisions of Section 12.21 C.5. that are not in conflict with these Paragraphs (c) and (d).
(1) The Floor Area for a detached ADU shall not exceed 1,200 square feet. Limits on Floor Area on a lot apply separately and may further limit allowable Detached ADU square footage, except as otherwise provided by this Subdivision 33.
(2) Structures containing a detached ADU shall not be greater than two stories.
(3) Detached ADUs shall not be located between a proposed or existing dwelling unit and the street adjoining the front yard, except in the following cases:
(i) Where the ADU is on a Through Lot and complies with LAMC Section 12.21 C.5.(k); or
(ii) Where the ADU is being added to a lawfully existing garage or accessory structure building.
(e) Attached Accessory Dwelling Unit Requirements. Attached ADUs can be either attached to or completely contained within an existing or proposed dwelling, and must comply with all provisions in Paragraph (c) and all of the following provisions in this Paragraph (e):
(1) If there is an existing primary dwelling, the Floor Area of an attached ADU may not exceed 50 percent of the existing primary dwelling.
(2) Limits on Floor Area on a lot apply separately and may further limit allowable attached ADU square footage, except as otherwise provided by this Subdivision 33.
(3) Nothing in this subdivision shall prohibit an attached ADU with a Floor Area of less than 850 square feet, or less than 1,000 square feet for an attached ADU that provides for more than one
bedroom.
(f) Requirements for Movable Tiny Houses as Accessory Dwelling Units. A Movable Tiny House must comply with all of the provisions provided in Paragraph (c) except for any provisions in Paragraph (c) which apply solely to buildings and structures; and this Paragraph (f):
(1) Only one Movable Tiny House is allowed to be located on a lot and no lot may be approved for more than one moveable tiny house in a twelve month period.
(2) When sited on a lot, the undercarriage (wheels, axles, tongue and hitch) shall be hidden from view.
(3) The wheels and leveling or support jacks must sit on a paved surface compliant with LAMC 12.21 A.6.(c).
(4) Mechanical equipment shall be incorporated into the structure and not located on the roof.
(5) Movable Tiny Houses shall be connected to water, sewer and electric utilities.
(6) Moveable Tiny Houses are not required to have separate street addresses from the primary dwelling unit.
(7) Movable Tiny Houses are not required to have sprinklers, but shall follow the ANSI A119.5 or NFPA 1192 standards relating to health, fire and life-safety.
(8) Movable Tiny Houses shall have the following design elements:
(i) Cladding and Trim. Materials used on the exterior of a moveable tiny house shall exclude single piece composite, laminates, or interlocked metal sheathing.
(ii) Windows and Doors. Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim. Windows and doors shall not have radius corners.
(iii) Roofing. Roofs shall have a minimum of a 12:2 pitch for greater than 50 percent of the roof area, and shall not be composed of wooden shingles.
(iv) Extensions. All exterior walls and roof of a moveable any tiny house used as an ADU shall be fixed with no slide-outs, tip-outs, nor other forms of mechanically articulating room area
extensions.
(9) Movable Tiny Houses shall not be greater than two stories.
(10) Movable Tiny Houses shall not be located between the proposed or existing single-family dwelling unit and the street adjoining the front yard, except where the Movable Tiny House is on a
Through Lot and complies with LAMC 12.21 C.5.(k).
(g) Accessory Dwelling Units Otherwise Required By State Law. An application for a building permit shall be approved to create an ADU pursuant to Section 65852.2(e)(1)(B) or (D) of the
Government Code within a residential or mixed-use zone, in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the following requirements:
(1) An ADU created pursuant to Section 65852.2(e)(1)(B) of the Government Code shall have a Floor Area of not more than 800 square feet and a height of no more than 16 feet; and
(2) An ADU created pursuant to Section 65852.2(e)(1)(B) or (D) of the Government Code shall not be located on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the exceptions stated in Subparagraph (4) of Paragraph (c) of this subdivision.
(h) General Provisions. The following general provisions apply to all ADUs, JADUs, and lots where any ADU or JADU is located.
(1) In the event where an ADU or JADU would be created as a result of a conversion of an entire existing dwelling unit, any newly constructed dwelling unit located between the ADU or JADU,
and the rear lot line, shall not exceed 1,200 square feet.
(2) In cases where additional dwelling units are added to a lot after the creation of the ADU or JADU, an ADU and JADU will be counted towards the overall number of dwelling units as
permitted by the zone.
(3) ADUs and JADUs may be rented but shall not be sold separate from the existing or proposed dwelling unit on the same lot. Movable Tiny Houses may be sold when removed from the lot.
(4) Applicants for ministerial approval of a permit application for the creation of an ADU or JADU shall not be required to correct nonconforming zoning conditions. For this purpose,
nonconforming zoning condition means a physical improvement on a property that does not conform to current zoning standards.
(5) A certificate of occupancy for an ADU or JADU shall not be issued before a certificate of occupancy for the primary dwelling.
(i) Zoning Administrator Authority. It is the intent of the City to retain all portions of this subdivision regarding ADUs and JADUs not in conflict with state law. The Zoning Administrator shall have
authority to clarify, amend or revoke any provision of this subdivision as may be necessary to comply with any state law regarding ADUs or JADUs.
(j) Interpretation Consistent with State Law. This subdivision is not intended to conflict with state law. This subdivision shall be interpreted to be compatible with state enactments.
(k) California Coastal Act. Nothing in this subdivision shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 [Division 20
(commencing with Section 30000) of the Public Resources Code], except that the Department shall not be required to hold public hearings for coastal development permit applications for ADUs or JADUs.
(l) Enforcement. Enforcement of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an ADU described
in paragraph (1) or (2) below, upon request of an owner of an ADU, shall be delayed subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The ADU unit was built before January 1, 2020.
(2) The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.
Restaurant Beverage Program. (Added by Ord. No. 187,402, Eff. 3/31/22.) In the CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones, the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed administratively without obtaining a conditional use approval as otherwise required by Section 12.21 A.10. of this Code if all of the following requirements and standards are met:
(a) Eligibility Criteria.
(1) The restaurant is located within an area mapped and adopted by City Council Resolution for the Restaurant Beverage Program. The City Council shall have the ability to establish and
subsequently modify the area by the adoption of resolutions based on a finding that the establishment or modification is in conformity with public necessity, convenience, general welfare and good zoning practice.
(2) The restaurant shall be maintained as a bona fide eating place with an operational kitchen where food is prepared onsite and with a full menu containing an assortment of foods. Food service is
available at all times during operating hours. The restaurant provides seating and dispenses food and refreshments for consumption on the premises and not solely for the purpose of food takeout or delivery.
(3) The restaurant shall operate under a Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.
(4) If the restaurant or property has been the subject of nuisance abatement or revocation, it shall be eligible for the Restaurant Beverage Program upon conclusion of those proceedings only if the
proceeding(s) did not result in the revocation of any permit or require any corrective conditions.
(5) The restaurant shall have between a minimum of 10 patron seats and a maximum of 150 patron seats, including any outdoor seating.
Exemption. Outdoor Dining Areas pursuant to 12.21 A.24. shall be exempt from the above outdoor seating limitation. (Added by Ord. No. 188,073, Eff. 1/31/24.)
(6) The restaurant has obtained the necessary approvals to operate any outdoor seating, including but not limited to, revocable permits issued by the Bureau of Engineering, Department of Public
Works.
(7) The restaurant is not a Drive- Through Fast Food Establishment, as defined in the LAMC.
(8) The restaurant is not located in a Hotel, as defined in the LAMC.
(9) The restaurant is not part of any multiple-tenant entitlement pursuant to Sections 12.24 W.1. and 12.24 W.18.(a) of the LAMC.
(10) Daily hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean- up and maintenance.
(11) All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.
(12) Pool tables and billiard tables are prohibited.
(13) Dancing and Adult Entertainment pursuant to LAMC Sections 12.24 W.18. and 12.70 are prohibited.
(14) There shall be no minimum drink purchase required of patrons.
(15) There shall be no charge for admission.
(16) The restaurant shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
(17) All service of alcoholic beverages shall be conducted by an employee.
(18) The restaurant shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.
(19) No employee, while working, shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
(20) No employee, while working, shall be engaged for the specific purpose of sitting with or otherwise spending time with customers while on the premises.
(21) There shall be no age limitation restricting access to any portion of the restaurant.
(22) The restaurant has a business tax registration certificate issued by the City of Los Angeles.
(b) Development Standards and Operations.
(1) There shall be no shared seating between the restaurant and other restaurants.
(2) The restaurant shall only use fixed bars that are depicted on floor plans. Portable bars are prohibited.
(3) Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to 6 feet
above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be fully transparent and ensure the occupants are visible to persons looking into the private dining or banquet room.
(4) For properties abutting or across an alley from an A or R zoned lot:
(i) a wholly enclosed building, at least 8 feet in height above grade and extending at least the full length of the outdoor dining area, shall be located between the outdoor dining area and an A or R zoned lot that may or may not be separated by an alley. This requirement shall not apply to outdoor dining permitted on a public sidewalk by a revocable permit issued by the Bureau of Engineering, Department of Public Works; and
(ii) outdoor seating shall be limited to the ground floor only.
Exemption. Outdoor Dining Areas pursuant to LAMC Section 12.21 A.24. shall be exempt from the above standards. (Added by Ord. No. 188,073, Eff. 1/31/24.)
(5) Outdoor food and beverage service shall be limited to seated patrons.
(6) Live entertainment, karaoke, or disc jockeys on the premises are prohibited.
(7) Television monitors or screens are prohibited in all outdoor areas.
(8) Music or speakers are prohibited in all outdoor areas.
(9) Entertainment in conjunction with the restaurant shall be limited to indoor ambient music at a low volume that is not audible outside of the building.
(10) Any music, sound or noise which is under the control of the restaurant shall comply with Sections 112.06 or 116.01 of the LAMC (citywide noise regulations). A City representative from a department authorized to inspect for compliance with noise regulations may visit the site during operating hours to measure the noise levels. If, upon inspection, it is found that the noise level exceeds the level allowed by the citywide noise regulations, the owner / operator shall be notified and shall be required to modify or eliminate the source of the noise or retain an acoustical engineer
to recommend, design, and implement noise control measures within the property, such as noise barriers, sound absorbers, or buffer zones.
(11) A City-issued placard pursuant to this section issued by the Department of City Planning shall be posted by the restaurant in an area clearly visible to the public, indicating that the restaurant is subject to the requirements and restrictions of the Restaurant Beverage Program.
(12) A copy of this ordinance shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.
(13) No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time.
(14) Any portion of the restaurant used for private events shall be subject to all the same development standards and operations, including hours of operation, stated herein.
(15) A telephone number and email address shall be provided for complaints or concerns regarding the operation of the restaurant. The phone number and email address shall be provided on the restaurant’s website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:
(i) Entry, visible to pedestrians; and
(ii) Customer service desk, front desk or near the reception area.
(16) The restaurant shall respond to complaints within 24 hours. The restaurant shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.
(c) Security.
(1) Within the restaurant, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).
(2) All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
(3) A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.
(d) Monitoring.
(1) The restaurant shall maintain the premises and adjoining rights-of-way free of debris and litter.
(2) The restaurant shall monitor both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
(3) The restaurant shall take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. For purposes of this subparagraph, reason- able steps include, but are not limited to:
(i) Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may
jeopardize personal safety;
(ii) Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the
owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and
(iii) Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.
(4) Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.
(5) All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
(6) Loitering is prohibited in all areas under the control of the restaurant. A “No Loitering or Public Drinking” sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.
(7) An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees
shall be instructed in its use.
(8) The restaurant shall comply with California Labor Code 6404.5 which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices or hookah
pipes, within any enclosed place of employment.
(9) A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager’s
responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
(10) Within the first six months of the Restaurant Beverage Program administrative clearance, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the restaurant shall request the Los Angeles Police Department or California Department of Alcoholic Beverage Control to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for all new hires within three months of their employment.
(e) Administration.
(1) Upon submission of an application for the Restaurant Beverage Program administrative clearance, the applicant shall pay the fees required per LAMC Section 19.04 for: Administrative Clearance – Restaurant Beverage Program; Monitoring Restaurant Beverage Program Compliance; and Inspection and Field Compliance Review of Operations. The applicant must also submit the following with the application:
(i) A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards pursuant to Section 12.22 A.34. of the LAMC;
(ii) A revocable permit from the Bureau of Engineering, Department of Public Works is required for any outdoor dining area located in the public right-of-way. A copy of the approved
revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way as permitted by this
administrative clearance.
(2) Prior to the administrative clearance, the owner and operator shall execute and record a covenant and agreement acknowledging and agreeing to comply with all the terms and conditions
established herein in the County Recorder’s Office. A certified copy bearing the Recorder’s number and date shall be provided to the Department of City Planning. The agreement shall run with the
land and shall be binding on any subsequent owners, heirs or assigns.
(3) The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements and standards pursuant to Section 12.22 A.34. of this Code. Upon payment of
fees pursuant to Section 19.04, the applicant is subject to the following:
(i) Within the first 24 months of the administrative clearance, an inspector will conduct a site visit to assess compliance with, or violations of, any of the provisions of Section 12.22 A.34.
A second inspection shall take place within 36 months of the first inspection.
(ii) The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented
violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective actions taken by the
City.
(4) The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the restaurant is located shall be notified at the time an application
for the Restaurant Beverage Program, pursuant to LAMC Section 12.22 A.34., is filed. If the restaurant is not within the boundaries of a Neighborhood Council, then notification to only the
applicable Council District office shall be sufficient.
(5) If three citations for violating the Restaurant Beverage Program, LAMC Section 12.22 A.34.(a) through (e), are issued to the restaurant in any two-year period, the existing administrative
clearance shall terminate and the restaurant shall not be eligible to rely on the exception to Section 12.21 A.10. or Section 12.24 W.1. of the LAMC provided by Section 12.22 A.34. for five years
commencing on the date of the third citation.
(i) A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.
(ii) The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.
(6) The owner or the operator of the restaurant shall reapply for the administrative clearance if there is:
(i) a change in State alcohol license type;
(ii) a modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating**; or
(iii) a change in the ownership or the operator of the restaurant.
**Exemption. Modification to the number of seats or outdoor seating for the purposes of Outdoor Dining Areas pursuant to LAMC Section 12.21 A.24. shall not require reapplication. (Added by Ord. No. 188,073, Eff. 1/31/24.)
Restaurant Beverage Program – Alcohol Sensitive Use Zone. (Added by Ord. No. 187,402, Eff. 3/31/22.) In the CR, C1, C1.5, C2, C4, C5, CM, M1, M2, and M3 Zones, the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed administratively for one year without obtaining a conditional use approval as otherwise required by Section 12.21 A.10. of this Code if all of the requirements and standards below are met. Upon the completion of the one year provisional period, a review shall be completed and a determination shall be made pursuant to Section 12.22 A.35.(e) if the sale or dispensing of alcoholic beverages for consumption on the premises shall be allowed to continue per the administrative clearance.
(a) Eligibility Criteria.
(1) The restaurant is located within an area mapped and adopted by City Council Resolution for the Restaurant Beverage Program – Alcohol Sensitive Use Zone. The City Council shall have the ability to establish and subsequently modify the area by the adoption of resolutions based on a finding that the establishment or modification is in conformity with public necessity, convenience, general welfare, and good zoning practice. The City Council may further determine, by resolution, if restaurants located in an Alcohol Sensitive Use Zone shall be limited to the sale of beer and wine only during the provisional one year period.
(2) Prior to filing the application, the applicant shall conduct outreach by presenting information about the restaurant at one or more Certified Neighborhood Council meetings, Business
Improvement District meetings, or other meetings of such established community organization if the restaurant is not within either a Certified Neighborhood Council or Business Improvement
District boundary. Presentations shall include a flyer or other summary including the restaurant name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or
distilled spirits).
(3) The restaurant shall be maintained as a bona fide eating place with an operational kitchen where food is prepared onsite and with a full menu containing an assortment of foods. Food service is
available at all times during operating hours. The restaurant provides seating and dispenses food and refreshments for consumption on the premises and not solely for the purpose of food takeout or
delivery.
(4) The restaurant shall operate under a Type 41 or Type 47 license as issued by the California Department of Alcoholic Beverage Control.
(5) The restaurant shall operate with gross annual sales of alcohol not in excess of 45 percent of the restaurant’s total sales.
(6) If the restaurant or property has been the subject of nuisance abatement or revocation, it shall be eligible for the Restaurant Beverage Program – Alcohol Sensitive Use Zone upon conclusion of
those proceedings only if the proceeding(s) did not result in the revocation of any permit or require any corrective conditions.
(7) The restaurant shall have between a minimum of 10 patron seats and a maximum of 150 patron seats, including any outdoor seating.
(8) The restaurant has obtained the necessary approvals to operate any outdoor seating, including but not limited to revocable permits issued by the Bureau of Engineering, Department of Public
Works.
(9) The restaurant is not a Drive- Through Fast Food Establishment, as defined in the LAMC.
(10) The restaurant is not located in a Hotel, as defined in the LAMC.
(11) The restaurant is not part of any multiple-tenant alcohol entitlement pursuant to Sections 12.24 W.1. and 12.24 W.18.(a) of the LAMC.
(12) Daily hours of operation shall be limited to the hours between 7:00 a.m. and 11:00 p.m. for both indoor and outdoor areas. There shall be no after-hours use of the restaurant, other than for routine clean- up and maintenance.
(13) All food and beverages, except for takeout or delivery orders, shall be delivered to tables by an employee.
(14) Pool tables or billiard tables are prohibited.
(15) Dancing and Adult Entertainment pursuant to LAMC Sections 12.24 W.18. and 12.70 are prohibited.
(16) There shall be no minimum drink purchase required of patrons.
(17) There shall be no charge for admission.
(18) The restaurant shall not organize or participate in organized events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
(19) All service of alcoholic beverages shall be conducted by an employee.
(20) The restaurant shall not sell distilled spirits by the bottle, or wine or champagne bottles that exceed 750 milliliters.
(21) No employee, while working, shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
(22) No employee, while working, shall be engaged for the specific purpose of sitting with or otherwise spending time with customers while on the premises.
(23) There shall be no age limitation restricting access to any portion of the restaurant.
(24) The restaurant has a business tax registration certificate issued by the City of Los Angeles.
(b) Development Standards and Operations.
(1) There shall be no shared seating between the restaurant and other restaurants.
(2) The restaurant shall only use fixed bars that are depicted on floor plans. Portable bars are prohibited.
(3) Where booth or group seating is provided, no walls or partitions separating the booth or seating area from the main dining room shall be installed which exceed 48 inches in height above the surface on which occupants’ feet are intended to rest. Where a private dining or banquet room is provided, a minimum of 50 percent of the vertical surface area of that portion, extending up to 6 feet
above the floor, of any wall or partition separating the private dining or banquet room from the main dining room shall be fully transparent and ensure the occupants are visible to persons looking into the private dining or banquet room.
(4) For properties abutting or across an alley from an A or R zoned lot:
(i) a wholly enclosed building, at least 8 feet in height above grade and extending at least the full length of the outdoor dining area, shall be located between the outdoor dining area and an A or R zoned lot that may or may not be separated by an alley. This requirement shall not apply to outdoor dining permitted on a public sidewalk by a revocable permit issued by the Bureau of Engineering, Department of Public Works; and
(ii) outdoor seating shall be limited to the ground floor only.
(5) Outdoor food and beverage service shall be limited to seated patrons.
(6) Live entertainment, karaoke, or disc jockeys on the premises are prohibited.
(7) Television monitors or screens are prohibited in all outdoor areas.
(8) Music or speakers are prohibited in all outdoor areas.
(9) Entertainment in conjunction with the restaurant shall be limited to indoor ambient music at a low volume that is not audible outside of the building.
(10) Any music, sound or noise which is under the control of the restaurant shall comply with Sections 112.06 or 116.01 of the LAMC (citywide noise regulations). A City representative from a department authorized to inspect for compliance with noise regulations may visit the site during operating hours to measure the noise levels. If, upon inspection, it is found that the noise level
exceeds the level allowed by the citywide noise regulations, the owner/operator shall be notified and shall be required to modify or eliminate the source of the noise or retain an acoustical engineer to recommend, design, and implement noise control measures within the property, such as noise barriers, sound absorbers, or buffer zones.
(11) A City-issued placard pursuant to this section issued by the Department of City Planning shall be posted by the restaurant in an area clearly visible to the public, indicating that the restaurant is subject to the requirements and restrictions of the Restaurant Beverage Program – Alcohol Sensitive Use Zone.
(12) A copy of this ordinance shall be retained on the premises at all times and produced upon request by the Los Angeles Police Department, the Department of Building and Safety, the Department of City Planning, or the California Department of Alcoholic Beverage Control.
(13) No more than 50 percent of the entire restaurant may be closed to the public for private events at a given time.
(14) Any portion of the restaurant used for private events shall be subject to all the same development standards and operations, including hours of operation, stated herein.
(15) A telephone number and email address shall be provided for complaints or concerns regarding the operation of the restaurant. The phone number and email address shall be provided on the restaurant’s website or, if there is no website, on its social media pages. The phone number and email address also shall be posted on a sign at least 8.5 × 11 inches in size, which shall be updated to reflect any changes, at the following locations:
(i) Entry, visible to pedestrians; and
(ii) Customer service desk, front desk or near the reception area.
(16) The restaurant shall respond to complaints within 24 hours. The restaurant shall maintain a log of all calls and emails, detailing the date the complaint was received, the nature of the complaint, and the manner in which the complaint was resolved. This log shall be made available to the Department of Building and Safety upon request.
(c) Security.
(1) Within the restaurant, the interior shall be adequately illuminated so as to make discernible all objects and persons, or have a minimum average surface illumination of 2.0 footcandles (21.5 lx).
(2) All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space, or have a minimum average surface illumination of 0.2 footcandles (2.15 lx). Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.
(3) A camera surveillance system shall be installed and in operation at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days.
(d) Monitoring.
(1) The restaurant shall maintain the premises and adjoining rights-of-way free of debris and litter.
(2) The restaurant shall monitor both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
(3) The restaurant shall take all reasonable steps to ensure that the conditions and activities on the premises and within the parking areas under its control do not adversely affect or detract from the quality of life for the adjoining residents, property owners, and businesses. For purposes of this subparagraph, reasonable steps include, but are not limited to:
(i) Requesting that those persons engaging in conduct that constitutes a nuisance cease such conduct, unless the owner or operator has reasonable cause to believe such request may
jeopardize personal safety;
(ii) Contacting the Los Angeles Police Department or other law enforcement agency if the owner or operator’s attempts to abate the nuisance conduct have been unsuccessful, or if the
owner or operator has reasonable cause to believe such attempts may jeopardize personal safety; and
(iii) Taking timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the restaurant, or prohibiting persons from using any portion of the premises for the installation or operation of a temporary business or other use.
(4) Within 24 hours of its occurrence, all graffiti on the property under the restaurant’s control shall be removed or painted over to match the color of the surface to which it is applied.
(5) All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
(6) Loitering is prohibited in all areas under the control of the restaurant. A “No Loitering or Public Drinking” sign that is a minimum of 4 × 6 inches shall be posted outside next to every exit.
(7) An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.
(8) The restaurant shall comply with California Labor Code 6404.5 which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices or hookah pipes, within any enclosed place of employment.
(9) A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the California Department of Alcoholic Beverage Control. The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
(10) Within the first six months of the Restaurant Beverage Program – Alcohol Sensitive Use Zone administrative clearance, all employees involved with the sale of alcohol shall enroll in a training program as required by the California Department of Alcoholic Beverage Control and/or the Los Angeles Police Department, such as the California Department of Alcoholic Beverage Control “Responsible Beverage Service” (RBS) training program. Upon completion of such training, the restaurant shall request the Los Angeles Police Department or California Department of Alcoholic Beverage Control to issue a letter identifying which employees completed the training. Said letter shall be maintained on the premises and shall be made available to the City upon request. All required training shall be conducted for all new hires within three months of their employment.
(e) Administration.
(1) Upon submission of an application for the Restaurant Beverage Program – Alcohol Sensitive Use Zone administrative clearance, the applicant shall pay the fees required per LAMC Section 19.04 for: Administrative Clearance – Restaurant Beverage Program; Monitoring Restaurant Beverage Program Compliance; and Inspection and Field Compliance Review of Operations. The applicant must also submit the following with the application:
(i) A floor plan and site plan to the Department of City Planning demonstrating compliance with the requirements and standards pursuant to Section 12.22 A.35. of the LAMC;
(ii) The flyer or other summary including the restaurant name, contact information, projected opening date, menu and alcohol to be sold (beer, wine, and/or distilled spirits) prepared and
presented for outreach purposes pursuant to LAMC Section 12.22 A.35.(a)(2);
(iii) Proof of outreach conducted pursuant to LAMC Section 12.22 A.35.(a)(2) which shall include an official agenda listing the restaurant as intending to apply for the Restaurant Beverage
Program – Alcohol Sensitive Use Zone or a letter on organization letterhead attesting to the appearance or presence of the applicant before the Board; and,
(iv) A revocable permit from the Bureau of Engineering, Department of Public Works is required for any outdoor dining area located in the public right-of-way. A copy of the approved
revocable permit, including a plan and any conditions thereto, shall be provided to the Department of City Planning prior to placing any seating in the public right-of-way as permitted by this provisional administrative clearance.
(2) Prior to the administrative clearance, a Covenant and Agreement, on a form provided by the Department of City Planning, acknowledging and agreeing to comply with all the terms established herein shall be recorded in the County Recorder’s Office. The Covenant and Agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. After recordation, a certified copy bearing the Recorder’s number and date shall be provided to the Department of City Planning.
(3) The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements and standards pursuant to Section 12.22 A.35. of this Code. Upon payment of fees pursuant to Section 19.04, the applicant is subject to the following:
(i) Within the first 24 months of the administrative clearance, an inspector will conduct a site visit to assess compliance with, or violations of, any of the provisions of Section 12.22 A.35.
A second inspection shall take place within 36 months of the first inspection.
(ii) The owner and operator shall be notified in writing of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective actions taken by the City.
(4) The City Council District office, the Los Angeles Police Department, and the Certified Neighborhood Council within which the restaurant is located shall be notified at the time an application for the Restaurant Beverage Program – Alcohol Sensitive Use Zone, pursuant to LAMC Section 12.22 A.35., is filed. If the restaurant is not within the boundaries of a Neighborhood Council, then notification to only the applicable Council District office shall be sufficient.
(5) If three citations for violating the Restaurant Beverage Program – Alcohol Sensitive Use Zone, LAMC Section 12.22 A.35.(a) through (e), are issued to the restaurant in any two-year period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to rely on the exception to Section 12.21 A.10. or Section 12.24 W.1. of the LAMC provided by Section 12.22 A.35. of the LAMC for five years commencing on the date of the third citation.
(i) A citation shall include citations issued by the Los Angeles Police Department or Orders to Comply issued by the Department of Building and Safety.
(ii) The California Department of Alcoholic Beverage Control shall be notified by the Los Angeles Police Department or other enforcement agency of the issued citations.
(6) Upon completion of a one year provisional period, which begins the day following issuance of administrative clearance and ends 365 days thereafter, the restaurant’s compliance with
provisions for the sale and dispensing of alcoholic beverages, as authorized under Section 12.22 A.35., shall be subject to a review, by the Department of City Planning, of the number of validated complaints received by the City pertaining to Section 12.22 A.35. Validated complaints shall consist of complaints which result in any of the following City enforcement actions:
(i) Orders to Comply issued by the Department of Building and Safety for violations of the provisions of Section 12.22 A.35.; and
(ii) Citations issued by the Los Angeles Police Department for violations of the provisions of Section 12.22 A.35.; and
(iii) Any other City enforcement-related action for violations of the provisions of Section 12.22 A.35.;
(a) In response to complaints submitted by the public through a City complaint portal; or
(b) As a result of City- initiated inspections.
(7) If a restaurant receives five or more valid complaints upon the completion of the one year provisional period, the existing administrative clearance shall terminate and the restaurant shall not be eligible to use Section 12.22 A.35. as an exception to Section 12.21 A.10. of the LAMC. Restaurants that are ineligible under Section 12.22 A.35. and wish to continue the sale or dispensing of alcoholic beverages shall only be permitted pursuant to Section 12.24 W.1.
(8) If a restaurant receives four or fewer valid complaints upon completion of the one year provisional period, the restaurant shall be allowed to continue in the Restaurant Beverage Program –
Alcohol Sensitive Use Zone. The restaurant shall continue to be subject to the provisions set forth in Section 12.22 A.35.
(9) The owner or the operator of the restaurant shall reapply for the provisional administrative clearance if there is:
(i) a change in State alcohol license type;
(ii) a modification to the floor plan, including, but not limited to, floor area or number of seats, or a modification to outdoor seating; or
(iii) a change in the ownership or the operator of the restaurant.
Trucking-Related Uses. (Added by Ord. No. 188,287, Eff. 7/1/24.) Notwithstanding anything to the contrary in Article 2 of this Chapter, within the Geographic Project Area, Trucking-Related Uses shall be prohibited as provided below:
(a) Use Regulations.
(1) Prohibition. This Subdivision prohibits the issuance of all permits and certificates of occupancy associated with the establishment or the expansion of all Trucking-Related Uses as a primary use. This prohibition shall not apply to an Electric Vehicle Charging Facility, Large Vehicle, which complies with the development standards in Subparagraph (2).
(2) Electric Vehicle Charging Facility, Large Vehicle. In the Geographic Project Area, Electric Vehicle Charging Facility, Large Vehicle uses shall be subject to the following development standards:
(i) The use shall not be within 200 feet of a Sensitive Use or within 200 feet of a residential or an agricultural zoned parcel.
(ii) The facility is surrounded by a minimum 3.5-foot-high concrete or masonry wall that has a minimum thickness of 8 inches along any lot line abutting a street. Walls shall not include
chain link, barbed wire, or concertina. No wall may be constructed of tires, junk, leaves or other discarded materials.
(iii) A minimum 4-foot landscaped buffer shall be required at the frontage lot line with a minimum of 20 perennial plants including shrubs, vines, succulents, grasses and ferns every 50 feet
with a minimum height at maturity of three (3) feet, shall be provided on the exterior side of the frontage wall.
(iv) A minimum of three (3) trees with a minimum 15-gallon container size and a minimum caliper of one inch at the planting (or the standard specified by the American Standard for Nursery Stock) shall be required for every 50 feet of the frontage lot line.
(v) Trees shall be planted on the exterior side of the required frontage wall.
(vi) Design and install of irrigation systems pursuant to Guidelines BB-Irrigation Specification (adopted pursuant to Section 12.41 B.2. of the LAMC).
(b) Expiration. The Ordinance shall expire upon the effective date of the adoption of a comprehensive update to the Wilmington-Harbor City Community Plan or other amendment to the City’s Zoning Ordinance, which regulates Trucking-Related Uses within the Geographic Project Area.
(c) Definitions. The following terms and phrases shall be used to construe, and be limited to only construing, this Subdivision A.36.:
(1) Electric Vehicle Charging Facility, Large Vehicles. Any fueling station dedicated to providing electric vehicle charging for large vehicles. Large vehicles include vehicles possessing three
(3) or more axles, such as trailer trucks, construction vehicles, and motor homes. Electric Vehicle Charging Facility, Large Vehicle, does not include electric vehicle charging stalls within a parking area serving another use or uses.
(2) Geographic Project Area. The area of the Wilmington-Harbor City Community Plan, bounded by the following: Sepulveda Boulevard and Lomita Boulevard on the north, Alameda Street on
the east, Western Avenue on the west, and the jurisdictional boundary with the Port of Los Angeles on the south (Harry Bridges Boulevard), except the industrial area east of Alameda Street and the Wilmington Industrial Park area located south of G Street, east of Quay Avenue, south of D Street and Lakme Avenue.
(3) Sensitive Use. A residential use, a medical use, a school use, or any open space and indoor/outdoor recreational uses, which include, but are not limited to, skate parks, playgrounds,
gymnasiums, fitness centers, sports courts, and athletic fields.
(4) Truck Parking (Parking of Trucks). A building, structure, or principal use of land used to park freight trucks, freight truck trailers, or the associated equipment/accessories, including, but not
limited to, storage of chassis, container stackers, cranes, and forklift trucks.
(5) Trucking-Related Uses. Uses where a building, structure or principal use of land relates to the use, operation, service or storage of freight trucks and freight truck operations. Trucking-Related
Uses include but are not limited to, Truck Parking, Truck Storage, Trucking Terminal, Trucking Yard, Electric Vehicle Charging Facility, Large Vehicle, and similar uses.
(6) Truck Storage (Commercial Vehicle Storage). A building, structure, or principal use of land used to store freight trucks, freight truck trailers, or the associated equipment/accessories, including, but not limited to, storage of chassis, container stackers, cranes, and forklift trucks.
(7) Trucking Terminal. A building, structure, or principal use of land where freight trucks dock to unload/load and transport goods, and which may include the storage of freight trucks or truck
trailers or associated equipment/accessories, including, but not limited to, chassis, container stackers, cranes, and forklift trucks. Trucking Terminal does not include commercial uses of land such as grocery or retail stores with loading docks.
(8) Trucking Yard. A building, structure or principal use of land used to store freight trucks, freight truck trailers or the associated equipment/accessories including but not limited to chassis,
container stackers, cranes, and forklift trucks and may include a maintenance yard.
(d) Nothing in this Subsection is intended to allow any uses, not otherwise allowed under this Chapter or any ordinance adopted under this Chapter. And nothing in this Subsection is intended to prohibit
any use not explicitly prohibited by this Subsection.
State Density Bonus Program. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
(a) Purpose. The purpose of this subdivision is to establish procedures for the implementation of State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918,
and to increase the production of affordable housing, consistent with City policies.
(b) Definitions. The following definitions shall apply to this subdivision:
Disabled Veteran. Disabled Veteran shall be as defined in California Government Code Section 18541.
Homeless Person. Homeless Person as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
Incentive. As defined in Section 12.03 of this Code.
Lower Income Student. A student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in California Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission affirming that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
Senior Citizens. Individuals who are at least 62 years of age, except that for projects of at least 35 units that are subject to this subdivision, a threshold of 55 years of age may be used, provided all applicable City, state and federal regulations are met.
Senior Citizen Housing Development. A Housing Development that has at least 35 dwelling units or guest rooms, as defined in California Civil Code Sections 51.3 and 51.12, or a mobile home
park that limits residency based on age requirements for housing for older persons pursuant to California Civil Code Sections 798.76 or 799.5. It also includes a residential care facility for the elderly, as defined in California Health and Safety Code Section 1569.2.
Shared Housing Building. A residential or mixed-use structure, with five or more Shared Housing Units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants as defined in California Government Code Section 65915(o)(7)(A).
Shared Housing Unit. One or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, and is used for permanent residence in a Shared Housing Building, and is as further defined in Government Code Section 65915(o)(7)(B). A Shared Housing Unit shall comply with the definition of “Guest Room” for purposes of zoning and allowable density.
Student Housing Development. Student Housing Development shall be as defined in California Government Code Section 65915(b)(1)(F).
Transitional Foster Youth. Transitional Foster Youth shall be as defined in California Education Code Section 66025.9.
Very Low Vehicle Travel Area. It shall be as defined in California Government Code Section 65915(o)(9).
Waiver. Waivers are reductions in Development Standards that will have the effect of physically precluding the construction of a Housing Development meeting the eligibility criteria of Paragraph (c), at the densities or with the Incentives permitted under this Subdivision 37., as also discussed in California Government Code Section 65915(e). Waivers neither reduce nor increase the number of Incentives to which a project is entitled.
(c) Eligibility. To qualify for the provisions of this subdivision, a project must satisfy all of the following:
(1) Meet the definition of a Housing Development or Shared Housing Building, with five or more Dwelling Units or Shared Housing Units (collectively referred to in this Subdivision 37. as “residential units” or “units”), including mixed-use developments. For the purpose of establishing the minimum number of five residential units, Density Bonus units shall be excluded.
(2) Reserve a percentage of the residential units (excluding units added by a Density Bonus) provided in a project as:
(i) Restricted Affordable Units for at least one of the following income levels in Table 12.22 A.37.(c)(2)(iii) below, or
(ii) Restricted residential units, as specified, for one of the Target Populations listed in Table 12.22 A.37.(c)(2)(iii) below.
Table 12.22 A.37.(c)(2)(iii) Required Percentage of Restricted Units
Minimum % of Units Provided (Excluding Units
Income Level Added by a Density Bonus) Very Low Income (For Rental or For Sale) 5 Lower Income (For Rental or For Sale) 10 Moderate Income (For Sale) 10 Minimum % of Units Provided (Excluding Units Target Population Added by a Density Bonus) Senior Citizen 100 1 Transitional Foster Youth, Disabled Veteran, or Homeless Persons 2 10 Lower Income Students 3 20
Footnotes
Units must be in a Senior Citizen Housing Development that must comply with Sections 51.2 and 51.3 of the California Civil Code and all units provided in the resulting Senior Citizen Housing Development should be reserved for Senior Citizens regardless of the specifications stated in Table 12.22 A.37.(c)(2)(iii).
Units provided for Transitional Foster Youth, Disabled Veterans, or Homeless Persons inTable 12.22 A.37.(c)(2)(iii) shall be provided as Very Low Income Restricted Affordable Units.
Units provided for Lower Income Students shall be provided at an affordability level as specified in California Government Code Section 65915(b)(1)(F).
(3) The Housing Development does not require the demolition of a Designated Historic Resource, as demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code, and any proposed alteration to a Designated Historic Resource shall not be approved until any required review pursuant to the Los Angeles Municipal Code, or other state or federal law, is completed.
(d) Procedures. A Housing Development that meets the provisions of this subdivision shall be reviewed pursuant to Procedures described in this paragraph. Though an approval of a Density Bonus or
Incentive pursuant to this subdivision shall not, in and of itself, trigger a General Plan Amendment, Zone Change, Project Review or other discretionary review actions required by this Code, the applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply for Housing Developments seeking other discretionary approvals in conjunction with an application pursuant to these procedures in Paragraph (d).
(1) Los Angeles Department of Building and Safety Review. A Housing Development seeking Base Incentives described in Paragraph (e) and/or Incentives listed on the Menu of Incentives
described in Section 12.22 A.37.(f)(2) of this Code shall be considered ministerial and processed by the Department of Building and Safety.
(i) Exception. A Housing Development requesting Incentives from the Menu of Incentives that cannot comply with the criteria established in Section 12.22 A.37.(f)(1)(iii) of this Code
shall comply with procedures set forth in Section 12.22 A.37.(d)(2) of this Code.
(2) Expanded Administrative Review. The following Housing Developments shall be ministerially reviewed by the Department of City Planning pursuant to Expanded Administrative Review,
as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code. As defined in this section, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). Housing Developments requesting a Waiver in addition to any Incentives shall be subject to the Procedures described in Section 12.22 A.37.(d)(3) of this Code.
(i) Housing Developments That Request the Public Benefit Options. Housing Developments that request only Public Benefit Options described in Paragraph (g) in addition to an
Incentive listed on the Menu of Incentives shall not be subject to any hearing procedures regardless of the provisions contained in Section 13B.3.2.D of this Code.
(ii) Housing Developments Requesting Incentives Not on the Menu of Incentives. Housing Developments that request an Incentive not listed on the Menu of Incentives described in
Section 12.22 A.37.(f)(2) of this Code may be subject to a public hearing as described in Section 13B.3.2.D of this Code.
(3) City Planning Commission Review. The following Housing Developments must file an application pursuant to the procedures set forth in Section 13B.2.3 (Class 3 Conditional Use Permit) of
Chapter 1A of this Code. Notwithstanding the provisions set forth in Section 13B.2.3 of Chapter 1A, the decision of the City Planning Commission shall be final and not further appealable.
(i) Housing Developments Requesting A Waiver. A Waiver shall be approved by the applicable decision-making authority unless that decision-making authority makes one of the
following findings:
a. The Development Standard associated with a request for a Waiver will not have the effect of physically precluding the construction of a development meeting the eligibility
criteria described in Paragraph (c) at the densities or with the Base Incentives and Additional Incentives permitted under this subdivision.
b. The Waiver would have a Specific Adverse Impact as defined in California Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no
feasible method to satisfactorily mitigate or avoid the Specific, Adverse Impact. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
d. The Waiver would be contrary to state or federal law.
(ii) Housing Developments Seeking Density Bonuses Exceeding this Subdivision. In addition to the procedures set forth in Section 13B.2.3 of Chapter 1A of this Code, a Housing
Development requesting a Density Bonus that exceeds the Density Bonuses authorized by Section 12.22 A.37.(e) of this Code shall be subject to the requirements and findings set forth in Section 12.24 U.26. of this Code.
(4) One Hundred Percent Affordable Housing Projects. One Hundred Percent Affordable Housing Projects shall be reviewed pursuant to Section 12.22 A.39. of this Code.
(5) Other Discretionary Approvals. Applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code apply to a Housing Development seeking another
discretionary approval in conjunction with an application pursuant to the Procedures in Paragraph (d). Regardless of any other findings that may be applicable, the decision maker must approve the
requested Base Incentives and Additional Incentives, either on or not on the Menu of Incentives described in Section 12.22 A.37.(f)(2) of this Code, requested under this subdivision unless the
decision maker, based upon substantial evidence, makes one or more of the disapproval findings described in Section 12.22 A.37.(f)(1)(ii) of this Code.
(6) Applicability of Procedures, Program Standards and Incentives.
(i) If a public hearing, when required, has been held for a project, and prior to the operative date of this subdivision the project’s entitlement application was filed and associated fees paid,
the project shall be subject to all applicable provisions of Chapter 1 of this Code, including any Incentive menus or options, that were in effect on the date the application was filed and fees
were paid.
(ii) If a public hearing, when required, has not yet been held for a project, and prior to the operative date of this subdivision the project’s entitlement application was filed and associated
fees paid, the applicant may elect to apply the Procedures and comply with the Program Standards of this subdivision. Any such project shall be subject to all other applicable provisions in
Chapter 1 of this Code, including any Incentive menus or options, that were in effect on the date the application was filed and fees were paid.
(iii) If on or after the operative date of this subdivision a new project entitlement application is filed and associated fees are paid, the project shall be subject to all applicable provisions of
this subdivision. A project shall only be able to apply the Incentives of this subdivision, including any Incentive menus or options, if on or after the operative date of this subdivision both a
new entitlement application is filed and associated fees are paid.
(e) Base Incentives. A Housing Development shall be granted any of the Base Incentives established in this paragraph in exchange for the required minimum percentage of Restricted Affordable Units
established in Paragraph (c) of this subdivision. A project that qualifies for Base Incentives established in this paragraph shall also be eligible for Additional Incentives pursuant to paragraph (f) and Public
Benefit Options pursuant to Paragraph (g) of this subdivision unless otherwise stated.
(1) Density.
(i) For Sale or Rental Housing with Very Low or Lower Income Restricted Affordable Units and for Sale Housing with Moderate Income Units. For sale or rental housing with
Very Low Income or Lower Income Restricted Affordable Units and For Sale Housing with Moderate Income units shall receive a Density Bonus as follows in Table 12.22 A.37.(e)(1)(i)a.,
but shall not exceed 50% unless seeking an Additional Density Bonus pursuant to Table 12.22 A.37.(e)(1)(ii)a. Residential units constructed as a result of a Density Bonus may be permitted in
geographic areas of the Housing Development other than the areas where Restricted Affordable Units or residential units for a Target Population are located.
Table 12.22 A.37.(e)(1)(i)a. Required Percentage of Restricted Affordable Unit Set Asides - Density Bonuses
Percentage of Percentage of Density Percentage of Very Percentage of Lower Moderate Income Bonus Low Income Income (For-Sale) Percentage of Percentage of Density Percentage of Very Percentage of Lower Moderate Income Bonus Low Income Income (For-Sale) 5 - - 10 6 - - 11 7 - - 12 8 - - 13 9 - - 14 10 - - 15 11 - - 16 12 - - 17 13 - - 18 14 - - 19 15 - - 20 16 - - 21 17 - - 22 18 - - 23 19 - - 24 20 5 10 25
20.5 - - -¶
21 - - 26
21.5 - 11 -¶
22 - - 27 22.5 6 - - 23 - 12 28
23.5 - - -¶
24 - - 29
24.5 - 13 -¶
25 7 - 30
25.5 - - -¶
26 - 14 31
26.5 - - -¶
27 - - 32 27.5 8 15 - 28 - - 33
28.5 - - -¶
29 - 16 34
29.5 - - -¶
30 9 - 35
30.5 - 17¶
31 - - 36
31.5 - - -¶
32 - 18 37 32.5 10 - - 33 - - 38
33.5 - 19 -¶
34 - - 39
34.5 - - -¶
35 11 20 40 38.75 12 21 41 42.5 13 22 42 46.25 14 23 43 50 15 24 44
(ii) Additional Density Bonus. A Housing Development that provides Restricted Affordable Units sufficient to qualify for a 50% Density Bonus may seek an Additional Density Bonus pursuant to Table 12.22 A.37.(e)(1)(ii)a. provided that the resulting Housing Development does not restrict more than 50 percent of a Housing Development’s residential units, excluding bonus units, to Restricted Affordable Units. The Additional Density Bonus shall be calculated by excluding any Density Bonus units allowed by Table 12.22 A.37.(e)(1)(i)a. The Additional Density Bonus shall also be calculated separately from the Density Bonus allowed by Table 12.22 A.37.(e)(1)(i)a. to account for the rounding of fractional numbers for both the Density Bonus and Additional Density Bonus pursuant to Section 12.22 A.37.(h)(5) of this Code. This Additional Density Bonus provision may be used in lieu of Section 12.24 U.26. of this Code to the extent the bonus is available as specified herein.
Table 12.22 A.37.(e)(1)(ii)a. Required Percentage of Restricted Affordable Unit Set Asides - Additional Density Bonuses
Percentage of Very Low
Percentage of Density Bonus Percentage of Moderate Income Income Percentage of Very Low Percentage of Density Bonus Percentage of Moderate Income Income 20 5 5
32.5 - 10¶
35 9 11 38.75 10 12
42.5 - 13¶
46.25 - 14¶
50 - 15
(iii) Housing for Target Populations. A Housing Development that provides residential units for a Target Population as described in Table 12.22 A.37.(c)(2)(iii), shall receive a Density
Bonus as follows in Table 12.22 A.37.(e)(1)(iii)a. The Density Bonus may be granted in lieu of a Density Bonus for residential units set aside as Restricted Affordable Units based on Table 12.22 A.37.(e)(1)(i)a.
Table 12.22 A.37.(e)(1)(iii)a. Housing for Target Populations - Density Bonuses
Target Population Percentage of Density Bonus Senior Citizen 20% of the number of Senior Citizen units Transitional Foster Youth / 20% of the number of Target Population units giving rise to a Density Disabled Veterans / Homeless Bonus Persons Percent Bonus Percent of Units (excluding bonus units) that are Restricted Affordable Units 35% 20% Lower Income Student 38.75% 21% Development 42.5% 22% 46.25% 23% 50% 24%
Footnotes
Senior Citizen Housing Development must comply with Sections 51.2 and 51.3 of the California Civil Code.
(iv) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California
Government Code Section 65915(g), as verified by the Department of City Planning, shall be granted a Density Bonus of 15% as specified in California Government Code Section 65915(g),
in addition to the Density Bonus sought pursuant to Section 12.22 A.37.(e)(1) of this Code, up to a combined maximum density increase of 35%.(2) Parking. Upon the request of an applicant a Housing Developments may reduce the number of required parking spaces set forth in this Code or other applicable City land use regulation as
follows, pursuant to California Government Code Section 65915(p):(i) Parking shall not be required for Housing Developments located within one-half mile of a Major Transit Stop pursuant to California Government Code Section 65863.2.
(ii) If a Housing Development is not eligible for parking reductions pursuant to California Government Code Section 65863.2, a Housing Development may utilize the vehicular parking
ratio described in Table 12.22 A.37.(e)(2)(ii)a.
Table 12.22 A.37.(e)(2)(ii)a. Vehicular Parking Ratio for Eligible Housing Developments
Number of Bedrooms Parking Spaces per Residential Unit Type Zero to one bedroom 1 Two to three bedrooms 1.5 Four and more bedrooms 2.5
(iii) Provided parking shall be sold or rented separately from the residential units in Housing Developments with 16 or more units consistent with California Civil Code Section 1947.1, as
verified by the Los Angeles Housing Department.
(iv) Required automobile parking ratios apply to all residential units in a Housing Development (not just the Restricted Affordable Units), inclusive of disabled and required guest parking
where applicable. All parking spaces provided shall comply with Section 12.21 A.5. of this Code. Except that any combination of standard, compact, tandem or uncovered parking spaces may be provided consistent with California Government Code Section 65915(p)(4). Tandem parking spaces that do not comply with Section 12.21 A.5.(h)(2) of this Code may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times.
(v) Required parking spaces provided may be uncovered consistent with California Government Code Section 65915(p)(4).
(f) Additional Incentives. A Housing Development shall be granted a number of Additional Incentives pursuant to the provisions of this paragraph in addition to the Base Incentives established in
Section 12.22 A.37.(e) of this Code.
(1) A Housing Development shall be eligible for a specified number of Additional Incentives based on providing the applicable percentage of residential units (excluding units added by a Density
Bonus) listed in Table 12.22 A.37.(f)(1)(i) below as Restricted Affordable Units. A Housing Development may request Incentives listed on the Paragraph (f)(2) Menu of Incentives or request an Incentive not on the Menu of Incentives in order to seek a deviation from a Development Standard elsewhere in the Los Angeles Municipal Code or a Housing Development site’s applicable zoning ordinance, Community Plan, Specific Plan, or overlay. Refer to Paragraph (d) for the approval Procedure that is applicable to the Housing Development’s Incentive request.
Table 12.22 A.37.(f)(1)(i) Allowed Number of Additional Incentives
Required Percentage of Residential Units Provided as Restricted
Level of Affordability Affordable Units (Excluding Units Added by a Density Bonus) 1 Incentive 2 Incentives 3 Incentives 4 Incentives 1 Very Low Income (for 5% 10% 15% 16% rental or for sale)
Lower Income (for rental 10% 17% 24% N/A or for sale) Moderate Income (for 10% 20% 30% 45% sale) Lower Income Student 20% 23% N/A N/A Housing
Footnotes
One Hundred Percent Affordable Housing Projects shall be processed pursuant to Section 12.22 A.39. of this Code.
(ii) An Incentive allowed per Table 12.22 A.37.(f)(1)(i) and requested pursuant to the applicable procedure in Paragraph (d) of this subdivision shall be granted unless any one of the
following written findings are made based upon substantial evidence:
a. The Incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs as
defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
b. The Incentive will have a Specific Adverse Impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for
which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to low-income and moderate-income households. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Incentive would be contrary to state or federal law.
(iii) To be eligible for the Menu of Incentives described in Section 12.22 A.37.(f)(2) of this Code, a Housing Development shall comply with the following:
a. The Housing Development shall not be located in a Very High Fire Hazard Severity Zone, a Sea Level Rise Area, or the Coastal Zone.
(iv) Commercial Off-Site. Pursuant to California Government Code Section 65915.7, a commercial development may request one Incentive set forth in California Government Code Section 65915.7(b) if the commercial developer directly contributes affordable housing, or enters into a contract for partnered housing described in 65915.7 with a housing developer to construct affordable housing. If Section 65915.7 sunsets, this provision shall be of no further force or effect. If a commercial developer partners with a housing developer, an agreement, subject to approval by the Department of City Planning, shall identify exactly how the commercial developer will contribute affordable housing. Housing constructed pursuant to this Commercial Off-Site provision shall be constructed on the site of the commercial development or on a site that meets all of the following requirements:
a. Located within the boundaries of the City of Los Angeles; and
b. In close proximity to public amenities including schools and employment centers; and
c. Located within one-half mile of a Major Transit Stop.
(2) Menu of Incentives. A Housing Development may request one or more of the following Incentives not to exceed the number of Incentives allowed by Table 12.22 A.37.(f)(1)(i). Each request
from the Menu of Incentives shall constitute one Incentive request unless otherwise stated.
(i) Yards. Housing Developments may request a reduction of otherwise required yards as follows in Table 12.22 A.37.(f)(2)(i)a. In C zones, yard reductions from the Table may be
requested as one Incentive. Separately in R zones, yard reductions from the Table may also be requested as one Incentive.
Table 12.22 A.37.(f)(2)(i)a. Allowed Yard Incentives
Zone Yard Incentive Side, Rear and Front Yards. A Housing Development may utilize any or all of the yard requirements for the RAS3 zone per Section 12.10.5 of this Code. A Housing C Zones Development on a commercially zoned site adjacent to a property zoned RD or more restrictive may provide a rear yard of not less than five feet. Front Yards. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line of adjacent buildings along the same street frontage. Or, if a site is a corner lot or adjacent to a vacant lot, the front yard setback R Zones may align with the facade of the adjacent building along the same front lot line. If there are no adjacent buildings, no reduction is permitted. Side and Rear Yards. Up to 30% decrease in the required width or depth of any individual yard or setback. (ii) Floor Area Ratio. A Housing Development may request an increase in the otherwise allowed Floor Area Ratio (FAR) equal to the percentage of Density Bonus for which the Housing Development is eligible, not to exceed 35% or a maximum FAR of 3.0:1, whichever is greater, if located within a one-half mile radius (2,640 feet) of a Major Transit Stop. In a mixed-use development, the FAR bonus will apply only to the new residential units and required amenity areas for the residential units; and the nonresidential portion shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
a. Exception. A project on a lot zoned “RD” Restricted Density or more restrictive, or on a lot with a Designated Historic Resource, or Non-Contributor, shall not be eligible for an
on- menu FAR incentive.
(iii) Height. A Housing Development may request a height increase to permit a maximum of eleven additional feet or one additional story, whichever is lower. This increase in height shall
be applicable over the entire development site regardless of the number of underlying height limits, including Transitional Height or stepback requirements, except when the Transitional Height Incentive below is also requested. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use Housing Developments.
a. Notwithstanding Section 12.21.1 of this Code, for Housing Developments where a rooftop deck is provided, roof structures for the housing of an elevator or stairway may exceed
the building height limit by up to 17 feet on sites where the applicable Height District limits height to 30 feet or 45 feet provided the proposed roof structure(s) is set back from the roof perimeter by 5 feet.
(iv) Transitional Height. A Housing Development may select the following transitional height requirements in Table 12.22 A.37.(f)(2)(iv)a. below, as illustrated by Figure 12.22 A.37.(f)
(2)(iv)b., in lieu of those found in: Section 12.21.1 A.10. of this Code; any applicable transitional height limits in a Housing Development site’s applicable zoning, Community Plan, Specific Plan, or overlay; any requirements for reduced building heights or step-backs when a development site is adjoining a RW1 or more restrictive zone; and the transitional height requirements
found in Section 12.21.1 A.10. of this Code or any applicable Specific Plan or overlay for the portion of a Housing Development site abutting the OS zone.
Table 12.22 A.37.(f)(2)(iv)a. Allowed Transitional Height Incentives
Step Back Distance*
Side or Rear Step-Back 10-feet 4 Story Step-Back 30-feet 6 Story Step-Back 50-feet
- Setback and Step-back is measured from the property line.
Figure 12.22 A.37.(f)(2)(iv)b.
(v) Building Spacing and Passageways. A Housing Development subject to the provisions set forth in Section 12.21 C.2. of this Code may request a reduction in building spacing and passageway requirements as follows:
a. Up to a 30% reduction in the space between buildings required pursuant to Section 12.21 C.2.(a) of this Code; and
b. Up to a 50% reduction in the width of the passageway required pursuant to Section 12.21 C.2.(b) of this Code or the space provided to meet a site’s side yard requirement,
whichever provides a greater reduction. Passageways provided may extend from any public street adjacent to the Housing Developments site.
(vi) Lot Coverage. A Housing Development may request up to a 20% increase in lot coverage limits, provided that the landscaping for the Housing Development meets a minimum of 30 points under the Landscape and Site Design Ordinance at Section 12.40 of this Code, and the Landscape and Site Design Point System.
(vii) Lot Width. A Housing Development may request up to a 25% decrease from a lot width requirement, provided that the landscaping for the Housing Development meets a minimum
of 30 points under the Landscape and Site Design Ordinance at Section 12.40 of this Code, and the Landscape and Site Design Point System.
(viii) Open Space. In lieu of the open space calculations set forth in Section 12.21 G.2. of this Code, a Housing Development requesting an open space Incentive may calculate the usable
open space requirement as 15% of the total lot area or 10% of the total floor area confined within the perimeter walls of the provided residential units, whichever is greater, provided that the overall design of the Housing Development meets a minimum of 30 points under the Landscape and Site Design Ordinance at Section 12.40 of this Code, and the Landscape and Site Design Point System. Common Open Space shall constitute at least 50% of the usable open space calculated under this incentive and shall be provided as outdoor space and comply with applicable provisions of Section 12.21 G.2.(a) of this Code. Usable open space provided as Private Open Space shall comply with Section 12.21 G.2(b) of this Code.
(ix) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as a part of the lot area for purposes of calculating the maximum
density permitted by the underlying zone in which the Housing Development is located.
(x) Averaging of Floor Area Ratio, Density, Parking, or Open Space, and Permitting Vehicular Access. A Housing Development that is located on one or more contiguous lots, not
separated by a street or alley, may average and permit the floor area, density, open space and residential and commercial parking over the project site, and permit vehicular use and access
between a less restrictive zone and a more restrictive zone, provided that:
a. The proposed Housing Development includes the number of Restricted Affordable Units sufficient to qualify for a 35% Density Bonus; and
b. No further lot line adjustment, or any other action that may cause the Housing Development site to be subdivided, shall be permitted subsequent to this grant during the life of the proposed development pursuant to a covenant running with the land that is recorded with the Los Angeles County Recorder prior to the issuance of any building permit; and
c. The proposed uses in the Housing Development are located on areas of the development site where the proposed uses are permitted by the underlying zone(s) of each area; and
d. The proposed Housing Development is located on one or more contiguous lots that are not separated by a street or alley.
(xi) Supplementary Parking Reductions. An applicant may request the following reductions as a single Incentive:
a. Commercial Parking. A Housing Development may request the elimination of any requirement to provide new, or maintain existing, automobile parking spaces required by
Chapter 1 of this Code associated with a commercial use that is proposed in conjunction with the Housing Developments.
b. General Parking Reduction. A Housing Development located within one-half mile radius of a High-Quality Transit Service may receive up to a 50% reduction in required
parking spaces pursuant to California Government Code Section 65915(p)(5).
(xii) P Zone. In lieu of the limitations described in Section 12.12.1 and Section 12.12.1.5 of this Code, in a P or PB zone a Housing Development may include the uses and area standards
permitted in the least restrictive adjoining zone. For purposes of this P Zone Incentive the phrase “adjoining zone” refers to the zones of properties abutting, across the street or alley from, or having a common corner with, the subject property.
(xiii) Relief from a Development Standard. A Housing Development may request up to 20% relief from a Development Standard contained in Chapter 1 of this Code, a Community Plan,
an overlay, a Specific Plan, a Q Condition, or a D Condition. A Housing Development requesting this Incentive must provide landscaping for the Housing Development that meets a minimum of 30 points under the Landscape and Site Design Ordinance in Section 12.40 of this Code, and the Landscape and Site Design Point System. This Incentive may be requested more than once, but shall require the use of an Incentive for each request.
a. Exception. This Incentive shall not apply to Development Standards that regulate FAR, height, yards / setbacks, ground story requirements, signs, parking in front of buildings,
required trees, pedestrian access, or usable open space. This Incentive also shall not apply to a Designated Historic Resource, or a Non-Contributor.
(xiv) Senior Independent Housing. In lieu of otherwise applicable limitations, a Housing Development or Senior Citizen Housing Development that also meets the definition of Senior
Independent Housing may be permitted in any zone that would otherwise allow a Housing Development. In addition, a Senior Independent Housing development that qualifies as a Shared Housing Building shall be treated the same as a Shared Housing Building.
(g) Public Benefit Options. A Housing Development shall be granted any number of Public Benefit Options pursuant to the provisions described below in addition to the Base Incentives established in
Section 12.22 A.37.(e) of this Code and the Additional Incentives described in Section 12.22 A.37.(f) of this Code. A Housing Development located in Sea Level Rise Areas, Very High Fire Hazard Severity Zones, or the Coastal Zone, and a project that provides fewer restricted units than required for the maximum number of Incentives available to an income category or Target Population, shall not be eligible for the Public Benefit Options described in Section 12.22 A.37.(g)(2) or Section 12.22 A.37.(g)(3) of this Code.
(1) Child Care Facility. A Housing Development that includes a Child Care Facility located on the premises of, as part of, or adjacent to, the Housing Development; that records a covenant in the
project site’s chain of title to the benefit of the City using language to the satisfaction of the City, that requires the Child Care Facility be maintained for at least 55 years; and that complies with the requirements set forth in California Government Code Section 65915(h)(2), shall be granted either of the following:
(i) An increase in the floor area of the Housing Development’s residential unit space equal to the floor area of the Child Care Facility included in the Housing Development; or
(ii) An additional Incentive listed on the Menu of Incentives or not listed on the Menu of Incentives, using the procedures of Section 12.22 A.37.(d)(2) of this Code, that contributes significantly to the economic feasibility of the construction of the Child Care Facility.
(iii) Notwithstanding the Public Benefit Options available under this Subparagraph (1), pursuant to California Government Code Section 65915(h)(3), a Density Bonus or Incentive for a
Child Care Facility shall not be provided if the applicable decision-maker finds, based on substantial evidence, that the community has adequate Child Care Facilities.
(2) Multi-Bedroom Units. A Housing Development that includes units with three bedrooms or more, and executes 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, shall be granted one of the following options to requested Floor Area and Height Incentives:
(i) A Housing Development that includes units with three bedrooms or more in a minimum of 10% of its overall residential units (including units added by a Density Bonus), shall be
granted additional Floor Area and/or Height in addition to what is available on the Menu of Incentives in Section 12.22 A.37.(f)(2) of this Code as follows in Table 12.22 A.37.(g)(2)(i)a.; or
Table 12.22 A.37.(g)(2)(i)a. Additional FAR and Height for Multi-Bedroom Units
Overall Residential Units (including Density Bonus Additional FAR Additional Height (Stories) Units) 0 - 30 0.5:1 1 31 - 50 1.0:1 1 51 - 75 1.5:1 2 75+ 2.0:1 2 (ii) Any Housing Development that includes a residential unit with three bedrooms or more shall be granted the following Floor Area and Height Incentive options, as described in (a) and (b) below:
a. An exemption of the square footage of all residential units with three or more bedrooms from the Floor Area calculations so that the specified residential units do not count
against the maximum Floor Area allowed on the development site; and/or
b. An additional story of height beyond what is available in the applicable height Incentive as listed in the Menu of Incentives at Section 12.22 A.37.(f)(2) of this Code, provided, the square footage of this additional story is limited to the square footage exempted as a result of applying Section 12.22 A.37.(g)(2)(ii)a. of this Code above.
(3) Surveyed Historic Resource Facade Rehabilitation. A project incorporating a Surveyed Historic Resource into the project design shall be granted additional Floor Area up to 1.0 FAR and
22 feet in height beyond what is available and requested as an Incentive from on the Menu of Incentives in Section 12.22 A.37.(f)(2) of this Code, provided all of the following standards are met:
(i) The project retains all street Frontage facades to a depth of 10 feet;
(ii) New Floor Area shall be setback behind the 10-foot retention area, except that outdoor open space, balconies, and non-habitable architectural projections may encroach on the 10-foot
retention area. In instances where a lot contains dual-frontages, the setback shall be applied from both Frontages; and
(iii) Rehabilitation of the facades is completed pursuant to the Secretary of the Interior’s Standards for Rehabilitation as supported by an expert study that has been accepted by the Office
of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning. 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 as described in the definition in Section 12.03 of this Code.
(h) Program Standards. The following Program Standards shall be applicable to any Housing Development that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) Eligibility For Other Density Bonus Programs. A Housing Development seeking a Density Bonus or other development incentives pursuant to this subdivision is not eligible for a Density
Bonus or other development incentives pursuant to the procedures of any other housing incentive program contained in this Code, a Community Plan, an overlay, Specific Plan, or any other City regulation or guideline. However, a project may utilize the streamlining procedures and Incentives for Adaptive Reuse Projects (Sec. 12.22 A.26. of this Code) and in the Housing Element Sites Streamlining Program (Sec. 16.70 of this Code), provided that the project meets the requirements for all utilized programs.
(2) Calculating Maximum Allowable Residential Density. Per California Government Code Section 65915(o)(6), a Housing Development shall calculate its Maximum Allowable Residential
Density, before the application of a Density Bonus, using the maximum number of units allowed under a Housing Development site’s applicable zoning ordinance, Specific Plan, overlay, or General
Plan land use designation, whichever is greater. If a range is permitted, the maximum number of units allowed by the specific zoning range, Specific Plan, or General Plan land use designation shall be applicable when determining a Housing Development’s density prior to the application of a Density Bonus. Residential units added using an incentive program contained in a Specific Plan, overlay, or other City program granting development bonuses, shall not count toward a Housing Development’s Maximum Allowable Residential Density.
(3) Calculating Restricted Affordable Units or Target Population Units. The required number of Restricted Affordable Units or Target Population units shall be calculated based on the
number of residential units (excluding units added by a Density Bonus) provided in a Housing Development.
(4) Calculating a Density Bonus. In addition to the provisions set forth in Section 12.22 A.37.(h)(2) of this Code, for the purpose of calculating a Density Bonus, the following shall apply:
(i) Residential units that comprise a Housing Development shall be on contiguous lots, not separated by a street or alley, that are the subject of a single development application, but do not
need to be based on individual subdivision maps or lots.
(ii) A Shared Housing Unit and its proportional share of associated common area facilities shall comply with the definition of a Guest Room pursuant to California Government Code
Section 65915(o)(7)(B).
(iii) An applicant for a Housing Development may have the ability to apply a lesser percentage of Density Bonus, including but not limited to, no Density Bonus.
(5) Fractional Numbers.
(i) Units. For the purposes of this subdivision, calculations for the following resulting in fractional numbers shall be rounded up to the next whole number:
a. Maximum Allowable Residential Density;
b. Density Bonus units;
c. Number of Restricted Affordable Units or Target Population units;
d. Number of Replacement Housing Units;
e. Vehicular Parking; and
f. Number of Multi-Bedroom Units provided pursuant to Section 12.22 A.37.(g)(2) of this Code.
(6) Replacement Housing Units and Demolition Protections. A Housing Development must meet any applicable housing replacement requirements and demolition protections of California
Government Code Section 65915(c)(3) and Section 16.60 of this Code, as verified by the Los Angeles Housing Department (LAHD) prior to the issuance of a building permit. Replacement Housing Units required pursuant to this subdivision may count towards any Restricted Affordable Unit requirements.
(7) Standards for Restricted Affordable Units. A Housing Development must meet the applicable requirements regarding the size, location, amenities and allocation of Restricted Affordable
Units in Sections 16.61 B. and 16.61 C. of this Code, and in any Implementation Memorandum, Technical Bulletin or User Guide prepared and adopted by the Los Angeles Housing Department or Department of City Planning. Restricted Affordable Units are subject to a recorded affordability restriction of 55 years, or 99 years pursuant to Section 16.61 A. of this Code as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Section 19.14 of this Code.
(8) Rent Schedules. Restricted Affordable Units required as part of a Housing Development shall be rented at rates that do not exceed those specified in California Health and Safety Code
50052.5 for for-sale units or California Health and Safety Code Section 50053 for rental units.
(9) Implementation Memorandums, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memorandums, Technical Bulletins and/or User Guides for
State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, for the purpose of providing additional information pertaining to this subdivision and
maintaining consistency with State Density Bonus Law.
(10) Covenants. Prior to the issuance of a building permit for any Housing Development qualifying for a Density Bonus pursuant to the provisions of this subdivision, covenants acceptable to the
Los Angeles Housing Department and consistent with the requirements in this subdivision and set forth in Section 16.61 of this Code shall be recorded with the Los Angeles County Recorder.
(11) Story. A story for purposes of granting an Incentive or Waiver for additional height through this subsection shall be defined as 11 feet.
(i) Relationship to Other Laws, Plans, Requirements and Codes. The following provisions shall govern the relationship of this Subdivision 37. to other laws, plans, requirements and codes for any Housing Development that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) A Housing Development that meets the eligibility criteria established in Paragraph (c) of this subdivision, and complies with the Procedures established in Paragraph (d) of this subdivision
may utilize a multiple family residential dwelling use with a minimum of two-thirds residential floor area even though use limitations may apply to a project site.
(2) If any of the Procedures described in Paragraph (d), Base Incentives described in Paragraph (e), Additional Incentives described in Paragraph (f), Public Benefit Options described in Paragraph (g), or Waivers requested pursuant to Section 12.22 A.37.(d)(3)(i) of this Code, differ from any otherwise applicable Community Plan, Specific Plan, overlay, supplemental use district, “Q” condition,
“D” limitation, or citywide regulation established through Chapter 1 of this Code, including but not limited to the Ordinance Nos. listed below, this subdivision shall prevail where the Housing Development applicant elects to seek approval under this subdivision.
(i) Alameda District Specific Plan (171,139) (ii) Avenue 57 Transit Oriented District (174,663) (iii) Bunker Hill Specific Plan (182,576) (iv) Century City North Specific Plan (156,122)
(v) Century City West Specific Plan (186,370) (vi) Century City South Specific Plan (168,862) (vii) Coastal Bluffs Specific Plan (170,046) (viii) Coliseum District Specific Plan (185,042) (ix) Colorado Boulevard Specific Plan (178,098) (x) Convention Center and Arena Specific Plan (188,077) (xi) Cornfield Arroyo Seco Specific Plan (182,617) (xii) Crenshaw Corridor Specific Plan (184,795) (xiii) Devonshire / Topanga Corridor Specific Plan (168,937) (xiv) District No Ho Specific Plan (188,144) (xv) Exposition Corridor Transit Neighborhood Plan (186,402) (xvi) Foothill Boulevard Corridor Specific Plan (170,694) (xvii) Girard Tract Specific Plan (170,774) (xviii) Glencoe / Maxella Specific Plan (171,946) (xix) Granada Hills Specific Plan (184,296) (xx) Hollywoodland Specific Plan (168,121) (xxi) Jordan Downs Urban Village Specific Plan (184,346) (xxii) Los Angeles Airport / El Segundo Dunes Specific Plan (167,940) (xxiii) Los Angeles International (LAX) Specific Plan (185,164) (xxiv) Los Angeles Sports and Entertainment District Specific Plan (181,334) (xxv) Loyola Marymount University Specific Plan (181,605) (xxvi) Mt. Washington / Glassell Park Specific Plan (168,707) (xxvii) Mulholland Scenic Parkway Specific Plan (167,943) (xxviii) North Westwood Village Specific Plan (163,202) (xxix) Oxford Triangle Specific Plan (170,155) (xxx) Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371) (xxxi) Paramount Pictures Specific Plan (184,539) (xxxii) Park Mile Specific Plan (162,530) (xxxiii) Playa Vista Area B Specific Plan (165,638) (xxxiv) Playa Vista Area C Specific Plan (165,639) (xxxv) Playa Vista Area D Specific Plan (176,235) (xxxvi) Ponte Vista at San Pedro Specific Plan (182,937 and 182,939) (xxxvii) Porter Ranch Land Use / Transportation Specific Plan (180,083) (xxxviii) Redevelopment Plans (186,325) (xxxix) San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736) (xl) San Vicente Scenic Corridor Specific Plan (173,381) (xli) University of Southern California University Park Campus Specific Plan (182,343) (xlii) Valley Village Specific Plan (168,613) (xliii) Venice Coastal Zone Specific Plan (175,693) (xliv) Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052) (xlv) Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749) (xlvi) Warner Center 2035 Plan (182,766) (xlvii) Westwood Community Multi-Family Specific Plan (163,203 and 163,186) (xlviii) Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644) (xlix) Wilshire - Westwood Scenic Corridor Specific Plan (155,044) (3) Despite Section 11.05 of this Code (Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which are Referenced to in the Los Angeles Municipal Code), any references to State or Federal statutes or regulations in this subdivision shall be to those statutes or regulations as written and in effect on the date the ordinance adding those references is adopted. This general rule is intended to control over a specific rule to the contrary and shall not be subject to the rule of statutory construction that where there is a conflict, a specific statute controls over a general statute. References within this subdivision to requirements of other City or government agencies or Chapters of the Los Angeles Municipal Code, as well as other local, state, and federal codes are provided for informational purposes and are not intended to be comprehensive or to provide exemption from any additional applicable regulations from other City or government agencies or sections of the Los Angeles Municipal Code not explicitly referenced in this subdivision.
(j) Interpretation Consistent with State Density Bonus Law. This subdivision is intended to be interpreted as consistent with State Density Bonus Law contained in California Government Code
Sections 65915 - 65918. If at any time, this subdivision becomes inconsistent with California Government Code Sections 65915 - 65918, as Determined by the Director of Planning, the provisions of State Density Bonus Law shall apply.
Mixed Income Incentive Program. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
(a) Purpose. The purpose of this subdivision is to establish specific Incentives and procedures for the implementation of State Density Bonus requirements, as set forth in California Government Code
Sections 65915 - 65918, and to increase the production of affordable housing near transit, in Higher Opportunity Areas as defined in Section 12.03 of this Code, and on major corridors. In conjunction with the Incentives granted by state law, this subdivision shall offer Incentives through the paragraphs of this subdivision, and Waivers as defined in Section 12.22 A.37. of this Code, for the purposes of increasing the feasibility of housing construction.
(b) Definitions. The following definitions shall apply to this subdivision:
Consolidated Development. A residential development, or mixed-use development with two-thirds of the square footage designated for residential units, that consists of multiple lots with the same
owner or developer.
Corridor. A major street with Street Designations as designated in the Mobility Element of the General Plan, including a Local, Collector, Avenue, and Boulevard.
Direct Pedestrian Access. A means of approaching or entering a lot from the public right-of-way as a pedestrian.
Finished Floor Elevation. The finished floor height associated with the ground story.
Frequent Bus Service. An existing or planned bus route, as identified in coordination by a local or regional transit agency, with a service frequency of 30 minutes or less during Peak Commute Hours in at least one direction.
Ground Floor Frontage. The lowest story within a building which is accessible to the street, the floor level of which is within three feet above or below curb level, is parallel to or primarily facing any public street, and which is at least 15 feet in depth of the total depth of the structure.
Higher Opportunity Areas. See definition in Section 12.03 of this Code.
Incentive. As defined in Section 12.03 of this Code.
Market Tier. Categories of residential market areas adopted by City Council resolution, as described in the Affordable Housing Linkage Fee Ordinance in Section 19.18 C.1. of this Code, for the purposes of informing the amount of the Linkage Fee to be assessed for a given project.
Moderate and Lower Opportunity Areas. See definition in Section 12.03 of this Code.
Opportunity Corridor. A Corridor in Higher Opportunity Areas as defined in Section 12.03 of this Code.
Opportunity Corridor Transition Area Incentive Project. A project on a site located in whole or in part within 750 feet of an Opportunity Corridor Incentive Area, that involves the construction of, addition to, or remodeling of any building or buildings which result in the creation of four or more residential units.
Peak Commute Hour. Peak periods are considered to be between 6:00 to 9:00 a.m. and 3:00 to 7:00 p.m.
Rapid Bus. A higher quality bus service that may include several key attributes, including full-time dedicated bus lanes, branded vehicles and defined stations, high frequency, limited stops at major intersections, intelligent transportation systems, and possible off-board fare collection and/or all door boarding. Rapid Bus includes, but is not limited to, Metro Bus Rapid Transit lines, Metro Rapid 700 lines, Metro NextGen Tier 1 lines that replaced Metro Rapid 700 lines, Metro G (Orange) and J (Silver Lines), Big Blue Rapid lines and the Rapid 6 Culver City bus. Rapid Bus lines do not need to meet the 15-minute average Peak Commute Hour headways if intersecting at a qualified Major Transit Stop.
Total Units. The complete number of residential units in a project after a Density Bonus is awarded pursuant to this subdivision.
Waiver. See definition in Section 12.22 A.37.(b) of this Code.
(c) Eligibility. To qualify for the provisions of this subdivision, a project approved under the Mixed Income Incentive Program must satisfy all of the following eligibility requirements:
(1) Meet the definition of one of the following Project Types; consist of Dwelling Units, referred to in this Subdivision 38. as “residential units” or “units;” contain no Shared Housing Units; and
include the minimum Total Units required as described in Table 12.22 A.38.(c)(1)(i):
Table 12.22 A.38.(c)(1)(i) Eligible Project Types and Total Units Required
Project Type Minimum Total Units Required Transit Oriented Incentive Area Project Five or more Opportunity Corridor Incentive Area Project Five or more Opportunity Corridor Transition Area Incentive Project Four or more Type I Unified Adaptive Reuse Project 1 Five or more Footnote 1 See Section 12.22 A.26.(i)(1) of this Code for additional requirements associated with a Type I Unified Adaptive Reuse Project. (Amended by Ord. No. 188,793, Eff. 2/1/26.) (2) Be located in and meet the requirements of a Transit Oriented Incentive Area, Opportunity Corridor Incentive Area, or an Opportunity Corridor Transition Incentive Area as described in Paragraphs (e), (f), and (g) below, except that a property abutting, across the street or alley, or having a common corner with a site eligible for Opportunity Corridor Incentives shall also be eligible for the Opportunity Corridor Incentives as described in Paragraph (f) below.
(3) Reserve a percentage of the project’s Total Units for:
(i) Restricted Affordable Units in at least one of the following income levels as defined on Table 12.22 A.38.(c)(3)(iii), or by providing the combination of income levels as defined on
Table 12.22 A.38.(c)(3)(iv); or
(ii) Restricted Affordable Units in an Opportunity Corridor Transition Area Incentive Project in at least one of the following income levels, as defined on Table 12.22 A.38.(c)(3)(v); or
(iii) Twenty percent Restricted Affordable Units for Lower Income Households, consistent with California Government Code Section 65583.2, if a project is proposed on a Lower Income
Rezoning Housing Element Site as defined in Section 16.70 of this Code.
Table 12.22 A.38.(c)(3)(iii) 1 Single Affordability Options for Meeting Restricted Affordable Units
Minimum Percent of Total Units Provided as Incentive Program Restricted Affordable Units Income Level Market Tier Transit Opportunity Extremely Very Low Oriented Corridor Low Income Income Lower Income Incentive Area Incentive Area (For Rental or (For Rental or (For Rental or For Sale) For Sale) For Sale) Low and T1 OC-1 9% 12% 21% Medium Market T2 OC-2 10% 14% 23% Tiers T3 OC-3 11% 15% 25% High Medium T1 OC-1 11% 14% 23% and High T2 OC-2 12% 16% 25% Market Tiers T3 OC-3 13% 17% 27%
Footnote
- A Type I Unified Adaptive Reuse Project shall provide Restricted Affordable Units in accordance with the project site’s Market Tier location and Base Incentives used. Type I Unified Adaptive Reuse Projects that utilize Base Incentives contingent on a site’s location in a Transit Oriented Incentive Area shall provide Restricted Affordable Units in conjunction with a site’s applicable Transit Oriented Incentive Area Tier. Type I Unified Adaptive Reuse Projects that utilize Base Incentives contingent on a site’s location in an Opportunity Corridor Incentive Area shall provide Restricted Affordable Units in conjunction with a site’s applicable Opportunity Corridor. Restricted Affordable Units shall be provided and distributed throughout the entire Type I Unified Adaptive Reuse Project in compliance with Section 16.61 B. of this Code.
Table 12.22 A.38.(c)(3)(iv) Mixed Affordability Options for Meeting Restricted Affordable Units
Minimum Percent of Total Units Provided as Restricted Affordable Units 1 Income Level
Opportunity Area Acutely Low Extremely Low Very Low Income Moderate Income Income Income (For Rental or (For Rental or (For Rental or (For Rental or For Sale) For Sale) For Sale) For Sale) Moderate and Lower Opportunity - 4% 2 8% - Areas Higher Opportunity Areas 4% 2 4% - 12%
Footnote: 1 Provided at least one affordability income category is consistent with the minimum affordability requirements pursuant to California Government Code Sections 65915. 2 Projects utilizing the combinations of mixed affordability described in Table 12.22 A.38.(c)(3)(iv) to meet the required Restricted Affordable Units must provide one 3-bedroom covenanted unit per project.
Table 12.22 A.38.(c)(3)(v) Opportunity Corridor Transition Incentive Area Restricted Affordable Unit Requirements
Minimum Number of Total Units Provided as Restricted Affordable
Incentive Program Units 1, 2 Income Level Opportunity Corridor Transition Incentive Very Low Income Lower Income Moderate Income Area (For Rental or For (For Rental or For (For Rental or For Sale) Sale) Sale) CT-1A - - 1 unit CT-1B, and CT-2 1 unit 1 unit 2 unit CT-3 2 units 2 units 3 units
Footnote:
For consolidated lots, the project shall provide the same affordability as required per individual lot. For example, if a project consolidated two lots into one project using CT-2 incentives, the project would be required to provide either 2 Very Low Income or Lower Income units, or 4 Moderate Income units.
Provided at least one affordability income category is consistent with the minimum affordability requirements pursuant to California Government Code Sections 65915.
(4) The project site does not include any lots located in: a single family or more restrictive zone (RW and more restrictive zone); a manufacturing zone that does not allow multiple family residential uses (M1, M2, and M3); or the CM, MR1, and MR2 zones where no residential uses are permitted from an applicable planning overlay, “Q” condition or “D” limitation.
(5) The project site does not include any lots located within a Very High Fire Hazard Severity Zone (VHFHSZ), the Coastal Zone, or a Sea Level Rise Area. Except that a project site that is located within a VHFHSZ or Coastal Zone shall be eligible for Opportunity Corridor Incentives as defined in Paragraph (f), if properties that are abutting, are across the street or alley, or have a common corner with the subject property, are not in a VHFHSZ or Coastal Zone, and are eligible for the Opportunity Corridor Incentives as described in Paragraph (f) below.
(6) The project would not require the demolition of any of the following, as demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code.
(i) A Designated Historic Resource; or
(ii) Any Surveyed Historic Resource, eligible or architectural historic resource identified for any historic protection or special consideration or review by an applicable overlay or Specific
Plan including sites located in: the South Los Angeles Community Plan Implementation Overlay (CPIO) Section 1-6.C.5.b; the Southeast Los Angeles CPIO Section 1-6.C.5.b; the West
Adams CPIO Ch.1, Section 6.C.5.b; the San Pedro CPIO Ch.1, Section 7.C.5.b; Westwood Village Specific Plan; Echo Park Community Design Overlay (CDO) District; or the North University Park Specific Plan.
(7) A project involving a Designated Historic Resource shall be consistent with the Secretary of the Interior’s Standards for Rehabilitation as supported by an expert study that has been accepted
by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning.
(8) A project shall not be located in the Boyle Heights Community Plan, the Harbor Gateway Community Plan, the Wilmington-Harbor City Community Plan, the Downtown Community Plan
(previously Central City North Community Plan and the Central City Community Plan Areas), and the Cornfield Arroyo Seco Specific Plan.
(d) Procedures. A project that meets the provisions of this subdivision shall be reviewed pursuant to the Procedures, as set forth below. An approval of a Density Bonus or Incentive pursuant to this subdivision shall not, in and of itself, trigger a General Plan Amendment, Zone Change, Project Review, the applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply to projects seeking other discretionary approvals in conjunction with an application pursuant to the Procedures in Paragraph (d).
(1) Los Angeles Department of Building and Safety Review. A project seeking Base Incentives described in Paragraphs (e)(2), (f)(2) or (g)(3), and/or Additional Incentives listed on the Menu of
Incentives in Paragraph (h) shall be considered ministerial and processed by the Department of Building and Safety.
(2) Expanded Administrative Review. The following projects shall be ministerially approved pursuant to Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2
(Expanded Administrative Review) of Chapter 1A of this Code. As defined in this subdivision, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). The following explains how Expanded Administrative Review procedures are applicable:
(i) A Project That Requests the Public Benefit Options. A project that requests Public Benefit Options described in Paragraph (i) and Additional Incentives listed on the Menu of
Incentives in Paragraph (h), shall not be subject to any hearing procedures regardless of the provisions contained in Section 13B.3.2.D in Chapter 1A of this Code.
(ii) A Project Requesting Incentives Not Listed on the Menu of Incentives. A project that requests Incentives not listed on the Menu of Incentives described in Section 12.22 A.38.(h)
(2) of this Code may be subject to a public hearing as described in Section 13B.3.2.D in Chapter 1A of this Code. A project also shall satisfy the below criteria in order to remain eligible for
approval through this subdivision:
a. A project requesting Incentives not listed in on the Menu of Incentives in Paragraph (h) shall be required to meet a minimum of 35 points under the Landscape and Site Design
Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
b. A project shall refrain from requesting an Incentive not on, or in excess of, the Menu of Incentives in the following Development Standard areas: Floor Area Ratio (FAR), Height, Open Space requirements, tree planting requirements, ground story requirements, and/or yards / setback requirements. A project that seeks any of these types of Incentives not on the menu are not eligible for approval through this Subdivision 38., and instead shall seek approval pursuant to the Procedures, Incentive menu and other requirements described in Section 12.22 A.37. of this Code.
c. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is only eligible for Incentives contained in Paragraph(g)
and is not eligible to combine requests for Incentives on or off any other Incentive menu.
(3) Director’s Determination. The Director of Planning shall review the following projects pursuant to Section 13B.2.5 of Chapter 1A of this Code.
(i) Projects Requesting up to One Waiver. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.38.(d)(5) of this Code.
Exception. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is not eligible to request a Waiver.
(4) City Planning Commission Review. The following projects must file an application pursuant to Section 13B.2.3 (Class 3 Conditional Use Permit) of Chapter 1A of this Code.
Notwithstanding the provisions set forth in Section 13B.2.3. of Chapter 1A, the decision of the City Planning Commission shall be final and not further appealable.
(i) Projects Requesting More Than One Waiver. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.38.(d)(5) of this Code.
Exception. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is not eligible to request a Waiver.
(5) Findings for Waivers. A Waiver requested pursuant to the procedures described in this paragraph shall be approved by the applicable decision-making authority unless that decision-making
authority makes one of the following findings:
(i) The Development Standard associated with a request for Waiver or will not have the effect of physically precluding the construction of a development meeting the eligibility criteria
described in Paragraph (c) at the densities or with the Base Incentives or Additional Incentives permitted under this subdivision.
(ii) The Waiver would have a Specific Adverse Impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the Specific, Adverse Impact. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
(iii) The Waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(iv) The Waiver would be contrary to state or federal law.
(6) Other Discretionary Approvals. Applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code apply to a project seeking another discretionary
approval in conjunction with an application pursuant to the Procedures in Paragraph (d). Regardless of any other findings that may be applicable, the decision maker must approve the requested Base Incentives and Additional Incentives, either on or not on the Menu of Incentives described in Paragraph (h), requested under this subdivision unless the decision maker, based upon substantial evidence, makes one or more of the disapproval findings described in Section 12.22 A.38.(h)(1) of this Code.
(7) One Hundred Percent Affordable Housing Projects. One Hundred Percent Affordable Housing Projects shall be reviewed pursuant to Section 12.22 A.39. of this Code.
(8) Density Bonuses, Incentives or Waivers Exceeding this Subdivision. A project that seeks additional Density Bonuses, Incentives or Waivers beyond what is expressly allowed by this
subdivision, shall be reviewed pursuant to Section 12.22 A.37. of this Code, along with the requirements and findings in Section 12.24 U.26. of this Code for additional density if applicable.
(9) Applicability of Procedures, Program Standards and Incentives. A project shall only be eligible for review through this Subdivision 38., including any Incentive menus or options, if on or after the operative date of this subdivision both a new entitlement application is filed and associated fees are paid.
(e) Transit Oriented Incentive Area.
(1) Eligibility. A project may seek Base Incentives by satisfying the eligibility criteria for this project type as described in Paragraph (c), and according to the eligibility criteria for Transit
Oriented Incentive Areas described below.
(i) Each one-half mile radius (2,640 feet) around a Major Transit Stop, shall constitute a unique Transit Oriented Incentive Area.
(ii) Each lot within a Transit Oriented Incentive Area shall be determined to be in a specific subarea based on the shortest distance between any point on the lot and a qualified Major Transit Stop as delineated in Table 12.22 A.38.(e)(1)(iv) below.
(iii) Each lot in a Transit Oriented Incentive Area shall be determined to be in a specific Transit Oriented Incentive Area (T-1, T-2, T-3) based on the shortest distance between any point on
the lot and a qualified Major Transit Stop.
Table 12.22 A.38.(e)(1)(iv) Transit Oriented Incentive Area Subareas 1
Type of Eligibility Subarea Based on Distance to
Major Transit Stop Major Transit Stop
Description T-1 T-2 T-3
Two Regular Buses (intersection of two non- Rapid Bus Lines each with at least < 2,640 feet - - 20-minute average peak headways) Regular plus Rapid Bus (intersection of a regular bus 750 - 2,640 feet < 750 feet - and a Rapid Bus line) Two Rapid Buses (intersection 1,500 - 2,640 feet < 1,500 feet - of two Rapid Bus lines) Metrolink Rail Stations 750 - 2,640 feet < 750 feet - < 750 feet from Metro Rail Stations and Bus intersection with - ≤ 2,640 feet Rapid Transit Stations another rail line or a Rapid Bus
Footnote:
- Major Transit Stop (MTS), MTS type, and Subarea verification (T-1, 2, 3) are analyzed separately. MTS types and Subareas reliant on the presence of a Rapid Bus, do not need to use the Rapid Bus as the basis for first identifying the MTS. For example, the Regular Plus Rapid Bus MTS type could be based on two regular buses that constitute the MTS, plus a Rapid Bus that stops at the MTS. (2) Base Incentives. A project shall be granted Base Incentives established in Table 12.22 A.38.(e)(2)(i), in exchange for the required minimum percentage of Restricted Affordable Units established in Paragraph (c) of this subdivision. A project that qualifies for Base Incentives established in the table below shall also be eligible for Public Benefit Options listed in Paragraph (i) of this subdivision. For Type I Unified Adaptive Reuse Projects that meet the eligibility criteria established in Section 12.22 A.38.(c) of this Code, notwithstanding the Density Bonuses described in Table 12.22 A.38.(e)(2)(i), the density shall be limited by floor area and Base Incentives for Parking, FAR, and Height shall only apply to the project’s new construction.
Table 12.22 A.38.(e)(2)(i) Transit Oriented Incentive Area Base Incentives
Eligibility Floor Area Ratio Density Bonus Parking Height Subarea (FAR) Eligibility Floor Area Ratio Density Bonus Parking Height Subarea (FAR) In each subarea, the In each subarea, the maximum increase in In each subarea, the In each subarea, the maximum allowable the otherwise required parking maximum allowable height permitted shall ratio shall be as FAR shall be as Maximum Allowable be equal to the 1, 2, 6 3, 4 Residential Density follows: follows: 5 following: shall be as follows: R - zones: 40% Moderate and Lower increase. Opportunity Areas: C - zones: 3.25:1 max. 100% total, or 40% increase, whichever is greater. One additional story, T-1 R - zones: 40% up to 11 additional feet. increase. Higher Opportunity Areas: 120% C - zones: 4.2:1 max. total, or 45% increase, whichever is greater. No parking minimum R - zones: 40% Moderate and Lower required. If parking is increase. Opportunity Areas: provided, up to 40% of C - zones: 4.2:1 max. 110% spaces may be total, or 50% increase, provided as compact whichever is greater. Two additional stories, T-2 vehicular spaces. Tandem parking may R - zones: 45% up to 22 additional feet. Higher Opportunity also be permitted so increase. Areas: Limited by long as a 24-hour C - zones: 4.5:1 max. Floor Area attendant is present on- total, or 50% increase, site. whichever is greater. R - zones: 45% Moderate and Lower increase. Opportunity Areas: C - zones: 4.5:1 max. 120% total, or 50% increase, whichever is greater. Three additional stories T-3 R - zones: 50% up to 33 additional feet. Higher Opportunity increase. Areas: Limited by C - zones: 4.65:1 max. Floor Area total, or 55% increase, whichever is greater.
Footnotes:
Required automobile parking applies for all residential units in a project (not just the Restricted Affordable Units), inclusive of disabled and required guest parking, where applicable. All parking spaces provided shall comply with Section 12.21 A.5. of this Code. Except that any combination of standard, compact or tandem spaces may be provided. Tandem parking spaces that do not comply with Section 12.21 A.5.(h)(2) of this Code may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times.
Pursuant to California Civil Code Section 1947.1, provided parking shall be sold or rented separately from the units in properties with 16 or more units, as verified by the Los Angeles Housing Department.
The maximum increase in the allowable Floor Area Ratio (FAR) permitted shall be equal to the table above, provided that any additional floor area provided through this paragraph is utilized only by the new residential units and required amenity areas for the residential units. Any non-residential uses shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
For the purpose of applying this Incentive, commercial zones include Hybrid Industrial zones, Commercial Manufacturing zones and any defined area in a Specific Plan or overlay district that allows for both commercial uses and residential uses.
The increase in height shall be applicable to a project over the entire project site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use Projects.
Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
(ii) Exceptions to Base Incentives.
a. A site with a Maximum Allowable Residential Density of less than 5 units shall be eligible for the following Density Bonuses:
i. T-1: 60%
ii. T-2: 70%
iii. T-3: 80%
b. A site with a Maximum Allowable Residential Density of less than 5 units that has a Designated Historic Resource or Non-Contributor, shall not be eligible for Incentives to
increase allowable FAR or height above one additional story, up to 11 additional feet.
c. In a Specific Plan or overlay district that has a FAR available through its own development bonus or incentive program to provide affordable housing, a project may utilize the bonus FAR of the Specific Plan or overlay district in lieu of the FAR maximum described above in Table 12.22 A.38.(e)(2)(i).
(iii) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements, which for the purposes of this Base Incentive shall mean the relocation of an
established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this
Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive for roadway widening relief shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including but not limited to sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
a. Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or a project subject to procedures in Section 13B.2.3 (Class 3 Conditional Use
Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(f) Opportunity Corridor Incentive Area.
(1) Eligibility. A project may seek Base Incentives by satisfying the eligibility criteria for this project type in Paragraph (c), and the below requirements that include the Opportunity Corridor
Incentive Area subareas, described in Table 12.22 A.38.(f)(1)(i), below.
Table 12.22 A.38.(f)(1)(i) Opportunity Corridor Incentive Area Subareas
Eligibility Corridor Geographic Subarea Requirements Criteria OC-1 Corridors with Frequent Bus Service Corridors with High Quality Transit OC-2 Service Lots in whole or in part in Higher Corridors within one-half mile from Opportunity Areas OC-3 Metro Rail Station or Portal and Bus Rapid Transit Stop (ii) Corridor Access. A project must provide Direct Pedestrian Access to the eligible Opportunity Corridor.
(iii) Frontage. Each eligible lot must provide a minimum 25-foot frontage along the eligible Corridor, or be part of a Consolidated Development with a 25-foot frontage along the eligible
Corridor.
(iv) Street Designations. A Corridor in and OC-1 and OC-2 eligibility subareas includes Local and Collector street designations as identified in the Mobility Element of the General Plan.
A Corridor in the OC-3 eligibility subarea shall be limited to Avenue and Boulevard street designations as identified in the Mobility Element of the General Plan.
(2) Base Incentives. A project shall be granted Base Incentives established in this paragraph as defined in Table 12.22 A.38.(f)(2)(i) below, in exchange for the required minimum percentage of
Restricted Affordable Units established in Section 12.22 A.38.(c)(3) of this Code. A project that qualifies for Base Incentives established in Table 12.22 A.38.(f)(2)(i) below shall also be eligible for Public Benefit Options listed in Paragraph (i) of this subdivision. For a Type I Unified Adaptive Reuse Project that meet the eligibility criteria established in Section 12.22 A.38.(c) of this Code, the
Base Incentives shall only apply to the project’s new residential units and required amenity areas for the residential units.
Table 12.22 A.38.(f)(2)(i) Opportunity Corridor Incentive Area Base Incentives
Eligibility Density Bonus Parking Floor Area Ratio Height Subarea In each subarea, the In each subarea, the maximum increase in In each subarea, the In each subarea, the maximum allowable required parking maximum allowable the otherwise height permitted shall Description ratio shall be as FAR permitted shall be Maximum Allowable be equal to the 1, 2, 5 3 Residential Density follows: as follows: 4 following: shall be as follows: R - zones: 45% One additional story, increase. up to 11 additional feet; or a maximum OC-1 C - zones: 4.5:1, or allowable height of 5 50% increase, total stories, whichever whichever is greater. is greater.
or a maximum OC-1 C - zones: 4.5:1, or allowable height of 5 50% increase, total stories, whichever whichever is greater. is greater.
R - zones: 50% Two additional stories,
increase. up to 22 additional feet;
OC-2 Limited by Floor Area No Parking required. C - zones: 4.65:1, or allowableor a maximumheight of 6 55% increase, total stories, whichever whichever is greater. is greater. Three additional stories, up to 33 4.8:1, or 60% increase, additional feet; or a whichever is greater. maximum allowable height of 7 total stories, whichever is greater.
Footnotes:
Required automobile parking applies for all residential units in an eligible project (not just the Restricted Affordable Units), inclusive of disabled and required guest parking, where applicable. All parking spaces provided shall comply with LAMC Section 12.21 A.5. Except that any combination of standard, compact or tandem spaces may be provided. Tandem parking spaces that do not comply with LAMC Section 12.21 A.5.(h)(2) may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times.
Pursuant to California Civil Code Section 1947.1, provided parking shall be sold or rented separately from the units in properties with 16 or more units, as verified by the Los Angeles Housing Department.
The maximum increase in the allowable FAR permitted shall be equal to the table above, provided that any additional floor area provided through this subdivision is utilized only by the new residential units and required amenity areas for the residential units. Any non- residential uses shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
The increase in height shall be applicable to a project over the entire project site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use projects.
Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
(ii) Exceptions.
a. A site with a Designated Historic Resource or Non-Contributor shall not be eligible for an Incentive to increase allowable FAR or height above one additional story, up to 11
additional feet.
b. In a Specific Plan or overlay district that has a FAR available through a development bonus or incentive program to provide affordable housing, a project may choose to utilize
the Bonus FAR and affordability requirement of the Specific Plan or overlay district in lieu of the FAR maximum described above in Table 12.22 A.38.(e)(2)(i).
(iii) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements pursuant to Section 12.37 of this Code which for the purposes of this Base
Incentive shall mean the relocation of an established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication,
where specified by Section 12.37 of this Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive for roadway widening shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including but not limited to sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
a. Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or Projects subject to procedures in Section 13B.2.3 (Class 3 Conditional Use
Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(g) Opportunity Corridor Transition Incentive Area.
(1) Eligibility. A project may seek Base Incentives by satisfying the eligibility criteria for this project type in Paragraph (c), and the below criteria for Opportunity Corridor Transition Incentive
Area subareas, described in Table 12.22 A.38.(g)(1)(i), below.
Table 12.22 A.38.(g)(1)(i) Opportunity Corridor Transition Incentive Area Subareas
Eligibility Eligible Underlying
Site Requirements Geographic Criteria
Subarea Project Site Zones
Lots in whole or in part within 750
feet of the rear property line of a lot located within an Opportunity
Corridor Incentive Area.
Lots in whole or in part within 500 RD zones and R2 Higher Opportunity feet of the rear property line of a lot CT-2 zones Areas located within an Opportunity Corridor Incentive Area. Lots in whole or in part within 250 feet of the rear property line of a lot located within an Opportunity Corridor Incentive Area.
(ii) Property Line Measurement. Opportunity Corridor Transition Incentive Area subareas are defined by measuring the distance from the rear property line of the lots located within an
Opportunity Corridor Incentive Area. Where a lot is a Reverse Corner Lot in an Opportunity Corridor Incentive Area, distance shall be measured from the lot’s property line parallel to the Opportunity Corridor. In the case that lots within the Opportunity Corridor Incentive Area are abutting or are consolidated, the buffer measurement will not be adjusted to accommodate the
new rear property line of the consolidated site.
(iii) Exceptions.
a. A site with a Designated Historic Resource, or Non-Contributor shall not be eligible for CT-3 Incentives, but is eligible for CT-2 Incentives if the lot meets all other criteria.
(2) A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives as defined in Paragraph (g)(3)(i) is not eligible to request a Waiver. An Opportunity Corridor Transition
Incentive Area Project is also not eligible to combine requests for Incentives on or off any other Incentive menu. However, a project may request to use the Incentives from a lower eligibility subarea.
(3) Base Incentives. A project shall be granted Base Incentives established in this paragraph as defined in Table 12.22 A.38.(g)(3)(i) below, in exchange for the required minimum number of
Restricted Affordable Units established in Paragraph (c)(3) of this subdivision for the Opportunity Corridor Transition Incentive Area. The Base Incentives in Table 12.22 A.38.(g)(3)(i) are expressed as project site maximums, and are not in addition to a site’s underlying Development Standards. The maximum density corresponds to a maximum Floor Area Ratio (FAR) and height in the table cell to the immediate right, and may not be mixed with greater FAR and height maximums. However, nothing in Table 12.22 A.38.(g)(3)(i) is intended to prevent a project from voluntarily providing parking or using a lower maximum density, height or FAR.
Table 12.22 A.38.(g)(3)(i) Opportunity Corridor Transition Area Base Incentives
Eligibility Floor Area Ratio Height Density Bonus Parking Subarea (maximum permitted) (maximum permitted) Eligibility Floor Area Ratio Height Density Bonus Parking Subarea (maximum permitted) (maximum permitted) Required automobile parking for all residential units in a In each subarea, the For each subarea, the project (not just the In each subarea, the maximum Density maximum FAR shall restricted affordable maximum allowable Description including bonus shall be equal to the units), inclusive of height permitted shall be as follows: following: disabled and required be as follows: guest parking, where applicable, shall be as follows: 1, 3 CT-1A 2 4 units 1.15:1 5 units 1.30:1 2 stories CT-1B 2 6 units 1.45:1 7 units 1.60:1 8 units 1.75:1 CT-2 9 units 1.90:1 10 units 2.0:1 No parking required. 11 units 2.15:1 3 stories 12 units 2.30:1 13 units 2.45:1 CT-3 14 units 2.60:1 15 units 2.75:1 16 units 2.90:1
Footnotes:
Pursuant to California Civil Code Section 1947.1, provided parking shall be sold or rented separately from the units in properties with 16 or more units, as verified by the Los Angeles Housing Department.
Sites are eligible for CT-1 site requirements from Table 12.22 A.38.(g)(1)(i).
Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
(ii) Lot Requirements. A project is eligible for a reduction of an otherwise required Lot standard as part of a subdivision as follows:
a. Minimum Lot Area: 600 square feet
b. Minimum Lot Width: 15 feet
c. Minimum Lot Access: A 3-foot pedestrian access easement may be provided in lieu of vehicular access requirements.
(iii) Yards. A project is eligible for a reduction of an otherwise required Yard standard to the following minimums:
a. Front yard setback of 10 feet.
b. Side yard setback of 4 feet for a three-story structure, or 3 feet for a two-story structure.
c. No interior side yard setback shall be required for buildings that are part of the same development.
d. Rear yard setback of 4 feet, provided structures maintain a height of less than 26 feet within 15 feet of the rear property line.
e. Alley setback of zero feet for structures that maintain a height of less than 26 feet for at least the first 15 feet from the alley.
(iv) Multi-Bedroom Units. A project that includes a minimum of 40% of Total Units as 3- bedrooms or larger, shall be granted either additional Floor Area up to 0.5 FAR or an additional
11 feet in height. This is provided the project provides the City with a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee that the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future.
(v) Building Spacing and Passageways. A project does not need to meet zoning requirements related to spaces between buildings or passageways pursuant to Section 12.21 C.2. of this
Code.
(vi) Consolidated Development. In the case that an Opportunity Corridor Transition Area Incentive Project consolidates multiple lots, the Density Bonuses established in Table 12.22
A.38.(g)(3)(i) shall be available to each lot. However, FAR and height bonuses shall not exceed the maximum permitted in Table 12.22 A.38.(g)(3)(i).
a. For example, if two CT-1B lots are consolidated into one project, the project is eligible for up to 12 units, with 1.45:1 FAR maximum and a height maximum of 2 stories; or if
two CT-2 lots are consolidated in one project, the project is eligible for up to 20 units, with a 2.0:1 FAR maximum and a height maximum of 3 stories.
b. If a project consolidates two lots of differing incentive areas, for example CT-2 and CT-3, the incentives of the more intense incentive area shall be permitted on both lots.
(vii) Calculating Floor Area Ratio. In lieu of the calculation of Buildable Area as defined in Section 12.03 of this Code, Floor Area Ratio or FAR shall be defined as the measurement of the total floor area of all buildings on a lot in relation to the size of the lot, inclusive of yards and setbacks.
(viii) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements, which for the purposes of this Base Incentive shall mean the relocation of an
established curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this
Code. Required dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting
of this Base Incentive for roadway widening shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall still be required to dedicate land and complete all other public right-of-way improvements, including but not limited to sidewalk improvements, that may be required. A Waiver of Dedication and Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
a. Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or a project subject to procedures in Section 13B.2.3 (Class 3 Conditional Use
Permit) of Chapter 1A of this Code shall not be eligible for this Base Incentive.
(4) Performance Standards. A project approved pursuant to this subdivision shall meet the following Performance Standards, and no deviations from these standards shall be granted, except that
any project resulting from the conversion of, or an addition up to a maximum of 1,200 square feet to, an existing structure need not comply with these standards.
(i) Common Outdoor Open Space Standards. A project shall provide at-grade Common Outdoor Open Space per Table 12.22 A.38.(g)(4)(ii) that is accessible to all the residential tenants of a project. The Common Outdoor Open Space shall be open to the sky and have no structures that project into the area, except for Outdoor Amenity areas as described in Section 12.03 of this Code, and except for Projections into Yards as provided in Section 12.22 C.20.(b) of this Code. This common open space requirement shall supersede the per residential unit calculation of common open space in Section 12.21 G.2. of this Code. In lieu of the provisions of Section 12.21 G.2. of this Code, a project must meet at least one Common Outdoor Open Space typology from the menu listed in Table 12.22 A.38.(g)(4)(ii), below.
a. Minimum Planting Area. The Common Outdoor Open Space provided shall comply with the provisions of Section 12.21 G.2.(a)(3) of this Code regarding minimum planting
area.
Table 12.22 A.38.(g)(4)(ii) Common Outdoor Open Space Types Menu
Common Outdoor Open Space Dimension Requirements (minimum) Standards Typologies: Placement of courtyard shall comply with at least one of the following standards: 1. The courtyard shall be oriented so that it and an existing open space courtyard on an adjoining lot (unseparated by a street Courtyard width (minimum): 30% of lot or alley) work together to create the width or 15 feet, whichever is greater effect of one large open space. Courtyard Courtyard depth (minimum): 40% of lot 2. The courtyard shall be contiguous with depth (minimum) the minimum front yard setback creating a single deep combined courtyard that unites the minimum courtyard and front yard spaces. 3. The courtyard shall be an internal courtyard, entirely contained onsite. A Paseo shall be located between residential structures, perpendicular to the front lot line. A Paseo shall have a minimum 4 foot wide Paseo width (minimum): 10% of lot width or unobstructed pedestrian pathway accessible Paseo 10 feet wide, whichever is greater from the Ground Floor Frontage. A Paseo Paseo depth (minimum): 60% of the lot depth may be covered by architectural projections, but no structures or habitable space shall encroach on the Paseo, and it shall be for pedestrian use only. Rear Yard width (minimum): 50% of lot width Located adjacent to the rear property lot line Rear Yard Rear Yard depth (minimum): 10% of lot and open to the sky. depth, or 15 feet, whichever is greater
(iii) Entrances.
a. Street-Facing Entrance. Each unit fronting a public street (provided there is no structure located between the lot line and unit) shall have an entrance facing the public street and one of the following entry features:
- Porch. A wide, raised platform, projecting in front of a street-facing entrance, that is entirely covered but not enclosed. A porch shall have a minimum depth of 4-1/2 feet,
a minimum of 30% of the building width, and a finished floor elevation between 2 to 5 feet.
Forecourt. A yard screened with a short wall, fence or hedge that provides significant privacy for tenants located on the ground story, near sidewalk grade. A forecourt shall have a minimum depth of 8 feet, a minimum width of 10 feet, required covered entrance, and a fence or wall height between 2 feet and 6 inches, to 3 feet and 6 inches.
Recessed Entry. A space set behind the building face plane providing sheltered access to a street-facing entrance. A recessed entry shall have a depth between 3 to 15 feet minimum, and a maximum width of 5 feet, and a required covered entrance.
Figure 12.22 A.38.(g)(4)(iii)a.4.
Porch Forecourt Recessed Entry
(iv) Ground Floor External Entrances. A ground floor external entrance to units not located on a street-fronting lot line, shall have an entrance oriented towards the open space when
adjacent to the open space.
(v) Parking Areas, Garages, and Carports.
a. Location.
1. No above-ground parking areas including parking structures and parking stalls, shall be allowed between a Ground Floor Frontage and public right-of-way.
2. A new detached garages or carport shall be located behind the main building(s) facade, furthest from the Ground Floor Frontage Line.
3. An attached parking area shall be located either underground (subterranean or semi-subterranean) or behind any main building.
4. An access driveway shall be provided from an alley when present and determined feasible by the City’s Department of Transportation.
(h) Additional Incentives. In addition to the Base Incentives established in Paragraphs (e) and (f), a project that satisfies eligibility criteria set forth in Section 12.22 A.38.(c) of this Code shall have the ability to select up to four Incentives from the Menu of Incentives provided in Section 12.22 A.38.(h)(2) of this Code below or use an Incentive to seek a deviation from a Development Standard elsewhere in the Los Angeles Municipal Code. Such a project may receive up to four Incentives provided a project includes the applicable percentage of Restricted Affordable Units (excluding units added by a Density Bonus) that is necessary to obtain the maximum number of Incentives available to an income category under California Government Code Section 65915, as listed in Table 12.22 A.37.(f)(1)(i). Refer to Section 12.22 A.38.(d) of this Code for the approval Procedure that is consistent with the project’s Incentive request. A project utilizing the Opportunity Corridor Transition Incentive Area Base Incentives are not eligible for Additional Incentives on or off the Menu of Incentives in Section 12.22 A.38.(h)(2) of this Code. For Type I Unified Adaptive Reuse Projects, Additional Incentives shall only apply to the project’s new residential units and required amenity areas for the residential units.
(1) A project shall be eligible for up to four Additional Incentives. A project may request Incentives listed in Paragraph (f)(2) or use an Incentive to seek a deviation from a Development Standard
elsewhere in this Code or a project site’s applicable zoning ordinance, Community Plan, Specific Plan, or overlay. Refer to Paragraph (d) for the approval Procedure that is consistent with the project’s Incentive request.
(i) Incentives requested pursuant to the applicable procedure in Paragraph (d) of this subdivision shall be granted unless any one of the following written findings are made, based upon
substantial evidence:
a. The Incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
b. The Incentive will have a Specific Adverse Impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to low-income and moderate-income households. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Incentive would be contrary to state or federal law.
(2) Menu of Incentives. A project may elect to request one of the following Incentives not to exceed the allowed number of Incentives pursuant to Paragraph (h)(1) above. Each request from the
Menu of Incentives shall constitute one Incentive request unless otherwise stated.
(i) Yards. A project may request a reduction of otherwise required yards as follows in Table 12.22 A.38.(h)(2)(i)a. In C zones, yard reductions from the Table may be requested as one
Incentive. Separately in R zones, yard reductions from the Table may also be requested as one Incentive.
Table 12.22 A.38.(h)(2)(i)a. Allowed Yard Incentives
Zone Yard Incentive Side, Rear and Front Yards. A project may utilize any or all of the yard requirements for the RAS3 zone per Section 12.10.5 of this Code. A project on a commercially zoned C Zones site adjacent to a property zoned RD or more restrictive may provide a rear yard of not less than five feet. Front Yards. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line of adjacent buildings along the same street frontage. Or, if a site is a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there R Zones are no adjacent buildings, no reduction is permitted. If a project occupies all the lots on an entire street frontage, a reduction to the front yard is permitted so long as it is to the same dimension as a corresponding increase to the rear yard. Side and Rear Yards. Up to 30% decrease in the required width or depth of any individual yard or setback.
(ii) Ground Floor Height. A project involving the construction of a new building or addition may receive up to a 20% reduction in any Ground Floor Height restrictions contained in an
overlay, Specific Plan, Q condition or D condition.
(iii) Transitional Height. A project may select the following transitional height requirements in Table 12.22 A.38.(h)(2)(iii)a. below, as illustrated by Figure 12.22 A.38.(h)(2)(iii)b., in lieu of those found in: Section 12.21.1 A.10. of this Code; any applicable transitional height limits in a project site’s applicable zoning, Community Plan, Specific Plan, or overlay; any requirements for reduced building heights or stepbacks when a project site is adjoining a RW1 or more restrictive zone; the transitional height requirements found in Section 12.21.1 A.10. of this Code or any applicable Specific Plan or overlay for the portion of a project site abutting the OS zone.
Table 12.22 A.38.(h)(2)(iii)a. Allowed Transitional Height Incentives
Step Back Distance*
Side or Rear Setback 10-feet 4 Story Step-Back 30-feet 6 Story Step-Back 50-feet
- Setback and Step-back is measured from the property line.
Figure 12.22 A.38.(h)(2)(iii)b.
(iv) Building Spacing and Passageways. A project subject to the provisions set forth in Section 12.21 C.2. of this Code may request a reduction in building spacing and passageway
requirements as follows:
a. Up to a 30% reduction in the space between buildings required pursuant to Section 12.21 C.2.(a) of this Code; and
b. Up to a 50% reduction in the width of the passageway required pursuant to Section 12.21 C.2.(b) of this Code or the space provided to meet a site’s side yard requirement,
whichever provides a greater reduction. Passageways provided may extend from any public street adjacent to the project site.
(v) Lot Coverage. A project may request up to a 20% increase in lot coverage limits, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(vi) Lot Width. A project may request up to a 25% decrease from a lot width requirement, provided that the landscaping for the project meets a minimum of 30 points under the Landscape
and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(vii) Open Space. In lieu of the open space calculations set forth in Section 12.21 G.2. of this Code, a project may calculate their usable open space requirement as 15% of the total lot area or 10% of the total floor area confined within the perimeter walls of the provided Residential Units, whichever is greater, provided that the overall design of the project meets a minimum of 30 points under the Landscape and Site Design Ordinance pursuant to Section 12.40 of this Code, and the Landscape and Site Design Point System. Common Open Space shall constitute at least 50% of the usable open space calculated under this incentive and shall be provided as outdoor space and comply with applicable provisions of Section 12.21 G.2.(a) of this Code. Usable open space provided as Private Open Space shall comply with Section 12.21 G.2.(b) of this Code.
(viii) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as a part of the lot area for purposes of calculating the maximum
density permitted by the underlying zone in which the project is located.
(ix) Averaging of Floor Area Ratio, Density, Parking or Open Space, and Permitting Vehicular Access. A project that is located on one or more contiguous lots, not separated by a street or alley, may average and permit the floor area, density, open space and residential and commercial parking over the project site, and permit vehicular use and access between a less restrictive zone and a more restrictive zone, provided that:
a. No further lot line adjustment or any other action that may cause the project site to be subdivided, shall be permitted subsequent to this grant during the life of the proposed
project pursuant to a covenant running with the land that is recorded with the Los Angeles County Recorder prior to the issuance of any building permit; and
b. The proposed uses in the project are located on areas of the development site where the proposed uses are permitted by the underlying zone(s) of each lot; and
c. The proposed project is located on one or more contiguous lots that are not separated by a street or alley.
(x) P Zone. In lieu of the limitations described in Sections 12.12.1 and 12.12.1.5 of this Code, in a P or PB zone, a project may include the uses and area standards permitted in the least restrictive adjoining zone. For purposes of this P Zone Incentive the phrase “adjoining zone” refers to the zones of properties abutting, across the street or alley from, or having a common
corner with, the subject property.
(xi) Relief from a Development Standard. A project may request up to 20% relief from a Development Standard contained in Chapter 1 of this Code, an overlay, a Specific Plan, a
Community Plan, a Q Condition, or a D Condition. A project requesting this Incentive must provide landscaping for the project that meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System. This Incentive may be requested more than once but shall require the use of an Incentive for each request.
a. Exception. This Incentive shall not apply to Development Standards that regulate FAR, height, yards / setbacks, ground story requirements, signs, parking in front of buildings,
required trees, pedestrian access, or usable open space. This Incentive shall not apply to a Designated Historic Resource, or Non-Contributor.
(i) Public Benefit Options. Per Paragraphs (e)(2) or (f)(2), all Projects that qualify for the Base Incentives contained in this subdivision shall be eligible for one or more of the following Public Benefit
Options. A project utilizing the Opportunity Corridor Transition Incentive Area program is not eligible for Public Benefit Options. A project may utilize more than one Public Benefit Option if eligible, and development Incentives granted in exchange for Public Benefits may be stacked. These Public Benefit Options may be combined with the Additional Incentives in Paragraph (h). If a project includes five of the following Public Benefit Options, it shall receive an additional 11 feet in height.
(1) Child Care Facility. A project that includes a Child Care Facility located on the premises of, as part of, or adjacent to, the project; and that records a covenant in the project site’s chain of title to the benefit of the City using language to the satisfaction of the City, that requires the Child Care Facility be maintained for at least 55 years; shall be granted either of the following:
(i) An increase in the floor area of the project’s residential unit space equal to the floor area of the Child Care Facility included in the project; or
(ii) An additional Incentive listed on the Menu of Incentives or not listed on the Menu of Incentives, using the procedures of Section 12.22 A.38.(d)(2) of this Code as applicable, that contributes significantly to the economic feasibility of the construction of the Child Care Facility. A project that utilizes this Incentive may request an additional 11 feet in height.
(iii) Notwithstanding the Public Benefit Options available under this Subparagraph (1), pursuant to California Government Code Section 65915(h)(3), a Density Bonus or Incentive for a
Child Care Facility shall not be provided if the applicable decision-maker finds, based on substantial evidence, that the community has adequate Child Care Facilities.
(2) Multi-Bedroom Units. A project that includes units with three bedrooms or more, and executes a covenant in favor of the City that is recorded in the development site’s chain of title in order
to guarantee that the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future, shall be granted one of the following options to requested Floor Area and Height Incentives:
(i) A Housing Development that includes three bedrooms or more in a minimum of 10% of its overall residential units (including units added by a Density Bonus) shall be granted
additional Floor Area and/or Height as follows in Table 12.22 A.38.(i)(2)(i)a. in addition to what is available in the applicable FAR and Height incentive as listed for Base Incentives in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i); or
Table 12.22 A.38.(i)(2)(i)a. Additional FAR and Height for Multi-Bedroom Units
Overall Residential Units
(including Density Bonus Additional FAR Additional Height (Stories)
Units)
0 - 30 0.5:1 1
31 - 50 1.0:1 1
51 - 75 1.5:1 2
75+ 2.0:1 2
(ii) Any Housing Development that includes residential units with three bedrooms or more shall be granted the following:
a. An exemption of the square footage of all residential units with three or more bedrooms from the floor area calculations so that the specified residential units do not count against
the maximum Floor Area allowed on the development site; and/or
b. An additional story of height beyond what is available in the applicable height incentive as listed for Base Incentives in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i). The square footage of this additional story shall be limited to the square footage exempted as a result of applying Section 12.22 A.38.(g)(3)(ii)a. of this Code.
(3) Preservation of Trees. An additional 11 feet of height may be awarded for a project that maintains existing mature, Significant Trees (any tree that measures 12 inches or more in diameter at
4-1/2 feet above the average natural grade at the base of the tree and/or is more than 35 feet in height), as verified by a focused Tree Report prepared by a certified arborist. A covenant shall be filed in the project site’s chain of title to the benefit of the City using language to the satisfaction of the Planning Department that requires the tree to be maintained for at least 15 years unless a certified arborist certifies that the tree is dead, dying, or dangerous to public health.
(4) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California Government
Code Section 65915(g), as verified by the Department of City Planning, shall be granted a Density Bonus of 15% as specified in California Government Code Section 65915(g).
(5) Active Ground Floor Exemption from Calculation of Floor Area. An active use, up to 1,500 square feet, located on the ground story shall be exempt from the calculation of floor area.
(i) For the purpose of exempting an active use on the ground story from calculating floor area, active space shall be designed and intended for Neighborhood Retail and Service Uses. Areas
for circulation, storage, mechanical equipment, parking, lobbies, mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15% of an area designated as an active use.
(ii) A project utilizing this option shall provide a ground story transparency of a minimum of 60% along the building Frontage.
(iii) A project utilizing this option shall provide a ground floor entrance at minimum every 50 feet along the front property line that provides both ingress and egress pedestrian access to the
ground story of the building.
(6) Privately Owned Public Space. A project that provides 4% of buildable lot area that is dedicated as Privately Owned Public Space above the project site’s required Common Outdoor Open Space, shall be eligible for a zero rear yard setback and shall be eligible to utilize the Additional Incentive titled Relief From a Development Standard, as described in Section 12.22 A.38.(h)(2)(xi) of this Code, in order to deviate from site landscaping requirements.
(7) Surveyed Historic Resource Facade Rehabilitation. A project incorporating a Surveyed Historic Resource into the project design shall be granted additional Floor Area up to 1.0 FAR and
22 feet in height beyond what is available and requested as an Incentive from the Base Incentives in Table 12.22 A.38.(e)(2)(i) or Table 12.22 A.38.(f)(2)(i), provided all of the following standards are met:
(i) The project retains all street Frontage facades to a depth of 10 feet, and
(ii) New Floor Area shall be setback behind the 10-foot retention area, except that outdoor open space, balconies, and non-habitable architectural projections may encroach on the 10-foot
retention area. In any instance where a lot contains dual-frontages, the setback shall be applied from both Frontages, and
(iii) Rehabilitation of the facade is completed pursuant to the Secretary of the Interior’s Standards for Rehabilitation, as supported by an expert study that has been accepted by the Office
of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning. 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 as described in the definition in Section 12.03 of this Code.
(j) Program Standards. The following Program Standards shall be applicable to any project that meets the eligibility criteria established in Paragraphs (e), (f), and (g) of this subdivision.
(1) Eligibility For Other Density Bonus Programs. A project seeking a Density Bonus or other development incentives pursuant to this subdivision is not eligible for a Density Bonus or other development incentives pursuant to the procedures of any other housing incentive program contained in the Los Angeles Municipal Code, a Community Plan, an overlay, Specific Plan, or any other City regulation or guideline. However, a project may utilize the streamlining procedures and Incentives for Adaptive Reuse Projects (Sec. 12.22 A.26. of this Code) and in the Housing Element Sites Streamlining Program (Sec. 16.70 of this Code), provided that the project meets the requirements for all utilized programs.
(2) Calculating Maximum Allowable Residential Density. The Maximum Allowable Residential Density of a project site shall be calculated pursuant to Government Code Section 65915(o)(6),
before the application of a Density Bonus, using the maximum number of units allowed under a project site’s applicable zoning ordinance, Specific Plan, overlay, or General Plan land use
designation, whichever is greater. If a range is permitted, the maximum number of units allowed by the specific zoning range, Specific Plan, or General Plan land use designation shall be applicable when determining a project site’s density prior to the application of a Density Bonus. Residential units added using an incentive program contained in a Specific Plan, overlay, or other City program granting development bonuses, shall not count toward a project’s Maximum Allowable Residential Density.
(3) Calculating Restricted Affordable Units. The required number of Restricted Affordable Units shall be calculated based on a project’s Total Units and shall include any unit added by a
Density Bonus awarded pursuant to this subdivision.
(4) Calculating a Density Bonus. For the purposes of calculating a Density Bonus, the following shall apply:
(i) Residential units that comprise a project shall be on contiguous lots, not separated by a street or alley, that are the subject of a single development application, but do not need to be based
on individual subdivision maps or lots.
(ii) An applicant for a project may have the ability to apply a lesser percentage of Density Bonus, including but not limited to, no Density Bonus.
(5) Fractional Numbers.
(i) Units. For the purposes of this subdivision, calculations for the following resulting in fractional numbers shall be rounded up to the next whole number:
a. Maximum Allowable Residential Density;
b. Density Bonus units;
c. Number of Restricted Affordable Units;
d. Number of Replacement Housing Units;
e. Vehicular Parking; and
f. Number of Multi-Bedroom Units provided pursuant to Section 12.22 A.38.(i)(2) of this Code.
(6) Multiple Lots. A building that crosses one or more lots is eligible for the Transit Oriented Incentive Area or Opportunity Corridor Incentive Area that corresponds to the lot with the highest
incentive area benefits permitted in Table 12.22 A.38.(e)(1)(iv) or Table 12.22 A.38.(f)(1)(i).
(7) Update Frequency. The Director shall have the authority to issue and update eligibility maps on an annual basis in order to align the programs of this Subdivision 38. with updated zoning, transit and geographic data, including updates to Resource Areas as defined and identified by the California Tax Credit Allocation Committee (TCAC), and updates to the locations of Major Transit
Stops.
(8) Updates to Community Plans, Specific Plans, Transit Neighborhood Plans and Overlays. Community Plans, Specific Plans, Transit Neighborhood Plans and overlays with sites eligible for project approval through the Mixed Income Incentive Program in this Subdivision 38., shall meet at minimum the Base Incentives and required percentage of Restricted Affordable Units for
every lot eligible. If a Community Plan Update, Specific Plan, Transit Neighborhood Plan, or overlay subsequently proposes to exceed the development Incentives or percentages of Restricted Affordable Units set forth in this subdivision, the Community Plan, Specific Plan, Transit Neighborhood Plan, or overlay may supersede the Transit Oriented Incentive Area program. If these provisions are met, these subsequently adopted land use plans shall not be subject to the Update Frequency provisions of Subparagraph (7) of Paragraph (j) above.
(i) Exception. If a Community Plan, Specific Plan, Transit Neighborhood Plan, or overlay subsequently assigns a site a zone that does not match the minimum Base Incentives for every lot
eligible for the Transit Oriented Incentive Area program, the land use plan shall be required to demonstrate that the zoning action does not result in the net loss of residential capacity.
(9) Request for a Lower Eligibility Subarea. Even though a project site may be eligible for a certain Transit Oriented Incentive Area or Opportunity Corridor Incentive Area, an applicant may
choose to select a lower Transit Oriented Incentive Area, Opportunity Corridor Incentive Area, or Opportunity Corridor Transition Incentive Area within the applicable Market Tier by providing the percentage of Restricted Affordable Units required for any lower Transit Oriented Incentive Area or Opportunity Corridor Incentive Area and be limited to the Incentives available for the lower Transit Oriented Incentive Area or Opportunity Corridor Incentive Area.
(10) Replacement Housing Units. A project approved under this subdivision must meet any applicable housing replacement requirements and demolition protections of California Government
Code Section 65915(c)(3) and Section 16.60 of this Code, as verified by the Los Angeles Housing Department (LAHD) prior to the issuance of a building permit. Replacement Housing Units required pursuant to this subparagraph may count towards any Restricted Affordable Unit requirements.
(11) Standards for Restricted Affordable Units. A project must meet the applicable requirements regarding the size, location, amenities and allocation of Restricted Affordable Units in Sections
16.61 B. and C. of this Code, and in any Implementation Memorandum, Technical Bulletin or User Guide prepared and adopted by the Los Angeles Housing Department or Department of City Planning. Restricted Affordable Units are subject to a recorded affordability restriction of 55 years, or 99 years pursuant to Section 16.61 A. of this Code as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Section 19.14 of this Code.
(12) Rent Schedules. Restricted Affordable Units required as part of a project shall be rented at rates that do not exceed those specified in California Health and Safety Code 50052.5 for for-sale units or California Health and Safety Code Section 50053 for rental units. Restricted Affordable Units associated with One Hundred Percent Affordable Housing Projects shall comply with the
Restricted Affordable Unit requirements set forth in Section 12.22 A.39.(c) of this Code.
(13) Implementation Memorandums, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memorandums, FAQs, Forms / Applications and/or User
Guides for State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, for the purpose of providing additional information pertaining to this subdivision and maintaining consistency with State Density Bonus Law.
(14) Covenants. Prior to the issuance of a building permit for any project qualifying for a Density Bonus pursuant to the provisions of this Subdivision, covenants acceptable to the Los Angeles
Housing Department and consistent with the requirements in this subdivision and set forth in Section 16.61 of this Code shall be recorded with the Los Angeles County Recorder.
(15) Story. A story for purposes of granting an Incentive or Waiver for additional height through this subsection shall be defined as 11 feet.
(k) Relationship to Other Laws, Plans, Requirements and Codes. The following provisions shall govern the relationship of this Subdivision 38. to other laws, plans, requirements and codes for any project that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) A project that meets the eligibility criteria established in Paragraph (c) of this subdivision, and complies with the Procedures established in Paragraph (d) of this subdivision, may utilize a
multiple family residential dwelling use with a minimum of two-thirds residential floor area even though use limitations may apply to a project site.
(2) If any of the Procedures described in Paragraph (d), Base Incentives described in Paragraphs (e), (f), and (g), Additional Incentives described in Paragraph (h), Public Benefit Options described
in Paragraph (i), or Waivers requested pursuant to Section 12.22 A.38.(d)(4) of this Code differ from any otherwise applicable Community Plan, Specific Plan, overlay, supplemental use district, “Q” condition, “D” limitation, or citywide regulation established through Chapter 1 of this Code, including but not limited to the Ordinance Nos. listed below, this subdivision shall prevail where the project applicant seeks approval through this subdivision.
(i) Alameda District Specific Plan (171,139) (ii) Avenue 57 Transit Oriented District (174,663) (iii) Bunker Hill Specific Plan (182,576) (iv) Century City North Specific Plan (156,122) (v) Century City West Specific Plan (186,370) (vi) Century City South Specific Plan (168,862) (vii) Coastal Bluffs Specific Plan (170,046) (viii) Coliseum District Specific Plan (185,042) (ix) Colorado Boulevard Specific Plan (178,098) (x) Convention Center and Arena Specific Plan (188,077) (xi) Cornfield Arroyo Seco Specific Plan (182,617) (xii) Crenshaw Corridor Specific Plan (184,795) (xiii) Devonshire / Topanga Corridor Specific Plan (168,937) (xiv) District No Ho Specific Plan (188,144) (xv) Exposition Corridor Transit Neighborhood Plan (186,402) (xvi) Foothill Boulevard Corridor Specific Plan (170,694) (xvii) Girard Tract Specific Plan (170,774) (xviii) Glencoe / Maxella Specific Plan (171,946) (xix) Granada Hills Specific Plan (184,296)
(xx) Hollywoodland Specific Plan (168,121) (xxi) Jordan Downs Urban Village Specific Plan (184,346) (xxii) Los Angeles Airport / El Segundo Dunes Specific Plan (167,940) (xxiii) Los Angeles International (LAX) Specific Plan (185,164) (xxiv) Los Angeles Sports and Entertainment District Specific Plan (181,334) (xxv) Loyola Marymount University Specific Plan (181,605) (xxvi) Mt. Washington / Glassell Park Specific Plan (168,707) (xxvii) Mulholland Scenic Parkway Specific Plan (167,943) (xxviii) North Westwood Village Specific Plan (163,202) (xxix) Oxford Triangle Specific Plan (170,155) (xxx) Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371) (xxxi) Paramount Pictures Specific Plan (184,539) (xxxii) Park Mile Specific Plan (162,530) (xxxiii) Playa Vista Area B Specific Plan (165,638) (xxxiv) Playa Vista Area C Specific Plan (165,639) (xxxv) Playa Vista Area D Specific Plan (176,235) (xxxvi) Ponte Vista at San Pedro Specific Plan (182,937 and 182,939) (xxxvii) Porter Ranch Land Use /Transportation Specific Plan (180,083) (xxxviii) Redevelopment Plans (186,325) (xxxix) San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736) (xl) San Vicente Scenic Corridor Specific Plan (173,381) (xli) University of Southern California University Park Campus Specific Plan (182,343) (xlii) Valley Village Specific Plan (168,613) (xliii) Venice Coastal Zone Specific Plan (175,693) (xliv) Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052) (xlv) Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749) (xlvi) Warner Center 2035 Plan (182,766) (xlvii) Westwood Community Multi-Family Specific Plan (163,203 and 163,186) (xlviii) Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644) (xlix) Wilshire - Westwood Scenic Corridor Specific Plan (155,044) (3) Despite Section 11.05 (Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which are Referenced to in the Los Angeles Municipal Code) of this Code, any references to State or Federal statutes or regulations in this subdivision shall be to those statutes or regulations as written and in effect on the date the ordinance adding those references is adopted. This general rule is intended to control over a specific rule to the contrary and shall not be subject to the rule of statutory construction that where there is a conflict, a specific statute controls over a general statute. References within this subdivision to requirements of other City or government agencies or chapters of the Los Angeles Municipal Code, as well as other local, state, and federal codes are provided for informational purposes and are not intended to be comprehensive or to provide exemption from any additional applicable regulations from other City or government agencies or sections of the Los Angeles Municipal Code not explicitly referenced in this subdivision.
(l) Interpretations Consistent with State Density Bonus Law. This subdivision is intended to be interpreted as consistent with State Density Bonus Law contained in California Government Code
Sections 65915 - 65918. If at any time, this subdivision becomes inconsistent with California Government Code Sections 65915 - 65918, as Determined by the Director of Planning the provisions of State Density Bonus Law shall apply.
Affordable Housing Incentive Program. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)
(a) Purpose. The purpose of this subdivision is to establish procedures for implementing State Density Bonus requirements as set forth in California Government Code Sections 65915 - 65918 for
affordable housing projects, including Priority Housing Projects, and to increase the production of affordable housing citywide with tailored application for sites on parking (P) zones, public facility (PF) zones, and sites owned by Public Agencies, Faith-Based Organizations and nonprofit Community Land Trusts and Cooperatives. In conjunction with the Incentives granted by state law, this subdivision shall offer Incentives and Waivers for the purposes of increasing the feasibility of affordable housing construction.
(b) Definitions. The following definitions shall apply to this subdivision:
Faith-Based Organization Project. A housing project located on land owned entirely, whether directly or through a wholly owned company or corporation, by a Religious Institution at the time of project filing, developed by or in partnership with a Qualified Developer. This includes ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Public Benefit Corporation Law at California Corporations Code, Title 1, Division 2, Part 2, Section 5110 et seq.
General Commercial Uses. A use that involves business activity serving the general public, including retail, professional and personal services, hospitality, and entertainment.
Incentive. As defined in Section 12.03 of this Code.
Moderate Opportunity Areas. Moderate Resource Areas and areas experiencing moderate rates of rapid change as defined and identified by the California Tax Credit Allocation Committee (TCAC).
Public Agency. Refer to California Government Code Section 20056.
Public Land Project. A housing project located in a Public Facility (PF) Zone and/or located on lots owned by a Public Agency.
Qualified Developer. The same meaning as California Government Code Section 65913.16(b)(9)(A) - (C), exclusive of (D). For purposes of this subdivision, a Qualified Developer shall also include a Community Development Financial Institution (CDFI) identified on the United States Department of the Treasury’s CDFI Fund list of Certified CDFIs at the time of project filing, provided the CDFI maintains a non-profit status pursuant to Section 501(c)(3) of the United States Internal Revenue Code.
Religious Institution. Refer to California Government Code Section 65913.16(b)(10).
Sea Level Rise Area. As defined in Section 12.03 of this Code.
Shared Equity Project. A housing project located on land owned by a Public Agency, a Community Land Trust as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a Limited- equity Housing Cooperative or Workforce Housing Cooperative Trust as defined in California Civil Code Section 817, except that residential units, in addition to being sold or rented to income qualified persons, may also be held by the non-profit corporation for the purpose of making Lower Income units (as defined in Sec. 12.03 of this Code) financially stable. The land must be owned by the Public Agency, Community Land Trust, Limited-equity Housing Cooperative or Workforce Housing Cooperative Trust at the time of project filing through the issuance of a Certificate of Occupancy.
Shared Housing Building. As defined in Section 12.22 A.37.(b) of this Code.
Shared Housing Unit. As defined in Section 12.22 A.37.(b) of this Code.
Total Units. The complete number of residential units in a project after a Density Bonus is awarded pursuant to this subdivision.
Very Low Vehicle Travel Area. Refer to California Government Code Section 65915(o)(9).
Waiver. As defined in Section 12.22 A.37.(b) of this Code.
(c) Eligibility Criteria. To qualify for the provisions of this subdivision, a project must satisfy the following eligibility requirements:
(1) Satisfy the definition of a One Hundred Percent Affordable Housing Project, Public Land Project, Shared Equity Project, or a Faith-Based Organization Project and have five or more Total Units. A project shall consist of Dwelling Units, except that a One Hundred Percent Affordable Housing Project may also consist of Shared Housing Units in a Shared Housing Building. A One Hundred Percent Affordable Housing Project that contains Shared Housing Units may seek approval through this Subdivision 39., however other projects that contain Shared Housing Units shall seek approval through Section 12.22 A.37. of this Code. For purposes of this Subdivision 39., the terms “residential units” or “units” shall refer to Dwelling Units, but for One Hundred Percent Affordable Housing Projects these terms shall also refer to Shared Housing Units due to the project type.
(2) Reserve a percentage of the project’s Total Units as Restricted Affordable Units as specified in Table 12.22 A.39.(c)(2)(i).
Table 12.22 A.39.(c)(2)(i)
Required Percentage of Restricted Affordable Units
Minimum % of Total Units that are Restricted
Project Type
Affordable Units 1
One Hundred Percent
Affordable Housing Project 100% 1
Public Land Project 80% 2
Faith-Based Organization Project 80% 3
Shared Equity Project 80% 4
Footnotes:
- In a One Hundred Percent Affordable Housing Project per California Government Code Section 65915(b)(1)(G), all units including shared housing units in a shared housing building (including Density Bonus units but excluding a manager’s unit or staff units pursuant to California Government Code Section 65193.16), shall be Restricted Affordable Units for Lower Income households (California Health and Safety Code Section 50079.5), except that up to 20 percent of all units may be for Moderate Income households (California Health and Safety Code Section 50053 and 50093). The affordable rents for at least 20 percent of all units shall be set per California Health and Safety Code Section 50053, and affordable rents for the remaining units shall be set for Lower Income households as determined by the California Tax Credit Allocation Committee. For for-sale units, the affordable housing costs are defined by California Health and Safety Code Section 50052.5.
- A Public Land Project shall a percentage of residential units (excluding units added by a Density Bonus) as Restricted Affordable Units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent Very Low Income (for rent or sale), 25 percent Lower Income (for rent or sale), or 45 percent Moderate Income (for-sale only), as those referenced incomes, rents and housing costs are specified in California Government Code Section 65915. The remaining required Restricted Affordable Units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to 120 percent of the area median income as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sections 50052.5 and 50053. A project may elect to set these remaining Restricted Affordable Units at a lower income and affordability level. In addition, 20 percent of Total Units (inclusive of Density Bonus units) may be unrestricted.
- A Faith-Based Organization Project shall provide a percentage of residential units (excluding units added by a Density Bonus) as Restricted Affordable Units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent Very Low Income (for rent or sale), 25 percent Lower Income (for rent or sale), or 45 percent Moderate Income (for sale only) as those referenced incomes, rents and housing costs are specified in California Government Code Section 65915. The remaining required Restricted Affordable Units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost for Lower Income households, as determined by the California Tax Credit Allocation Committee or per California Health and Safety Code Sections 50052.5 and 50053; but the exception is that up to 20 percent of the remaining Restricted Affordable Units may be set at an affordable rent or for-sale housing cost to households earning up to 120 percent of the area median income, as determined by the California Tax Credit Allocation Committee or per California Health and Safety Code Sections 50052.5 and 50053. A project may elect to set these remaining required Restricted Affordable Units at a lower income and affordability level. In addition, 20 percent of Total Units may be unrestricted.
- A Shared Equity Project shall provide a percentage of residential units (excluding units added by a Density Bonus) as Restricted Affordable Units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent Very Low Income (for rent or sale), 25 percent Lower Income (for rent or sale), or 45 percent Moderate Income (for-sale only), as those referenced incomes, rents and housing costs are specified in California Government Code Section 65915. The remaining required Restricted Affordable Units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to 120 percent of the area median income as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sections 50052.5 and 50053. A project may elect to set these remaining Restricted Affordable Units at a lower income and affordability level. In addition, 20 percent of Total Units may be unrestricted. (3) A One Hundred Percent Affordable Housing Project site shall not include any lots located in a single family or more restrictive residential zone (RW and more restrictive zone) if a project site’s Maximum Allowable Residential Density is less than five units. A Shared Equity Project site shall not include lots located in a single family or more restrictive residential zone (RW and more restrictive). (4) A Faith-Based Organization Project utilizing land purchased by a Religious Institution after January 1st, 2024, shall not include any lots located in a single family or more restrictive residential zone (RW and more restrictive) unless the filing Religious Institution owns a lot with an existing Church or House of Worship use located within 528 feet of the project site. (5) A One Hundred Percent Affordable Project with a Maximum Allowable Residential Density of less than five units, a Faith-Based Organization Project, or a Shared Equity Project, shall not include any lots located in a manufacturing zone that does not allow multiple family residential uses (M1, M2, M3), including sites zoned CM, MR1, and MR2 with no residential uses permitted from an applicable planning overlay. (6) A One Hundred Percent Affordable Project that has a Maximum Allowable Residential Density of less than five units, a Faith-Based Organization Project, or a Shared Equity Project, shall not include any lots located in a Very High Fire Hazard Severity Zone (VHFHSZ), the Coastal Zone, or a Sea Level Rise Area. (7) A Faith-Based Organization Project or Shared Equity Project, satisfies both the following where the project is located on a lot with a Surveyed Historic Resource that is classified as a historical resource, as defined by California Public Resources Code Section 21084.1 and determined by the Office of Historic Resources. (i) If proposed alterations to a Surveyed Historic Resource do not meet the Secretary of the Interior’s Standards for Rehabilitation, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of the City of Planning, the Discretionary Procedure pursuant to Section 12.22 A.39.(d)(3) of this Code shall be followed; and (ii) The Faith-Based Organization Project or Shared Equity Project does not require Demolition, as defined in Section 13B.8.1.C ofChapter 1A of this Code, of a Surveyed Historic Resource. (8) The project does not require the demolition of a Designated Historic Resource, as demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code, and any proposed alteration to a Designated Historic Resource shall not be approved until any required review pursuant to the Los Angeles Municipal Code, or any other state or federal law, is completed. (9) A Type I Unified Adaptive Reuse Project, as defined in Section 12.22 A.26.(i)(1) of this Code, that meets the definition of a One Hundred Percent Affordable Housing Project, Public Land Project, Faith- Based Organization Project, or a Shared Equity Project, and that complies with the eligibility criteria associated with the corresponding project type, applies both the following: (Amended by Ord. No. 188,793, Eff. 2/1/26.) (i) The portion of the Type I Unified Adaptive Reuse Project consisting of new construction may be eligible for Base Incentives, Additional Incentives, and Public Benefits Options in Section 12.22 A.39. of this Code for the respective project type definition unless otherwise stated; and (ii) The Type I Unified Adaptive Reuse Project shall comply with the Procedures set forth in Section 12.22 A.39.(d) of this Code based on the corresponding project type definition and associated project request. (d) Procedures. A project that meets the eligibility and other criteria of this subdivision shall be reviewed pursuant to the Procedures set forth below. Though an approval of a Density Bonus or Incentive pursuant to this subdivision shall not, in and of itself, trigger a General Plan Amendment, Zone Change, Project Review or other discretionary review actions required by this Code, the applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code shall apply to projects seeking other discretionary approvals in conjunction with an application pursuant to these procedures in Paragraph (d). (1) Los Angeles Department of Building and Safety Review. A project seeking Base Incentives described in Paragraph (e) and/or Additional Incentives listed on the Menu of Incentives in Paragraph (f) shall be considered ministerial and processed by the Department of Building and Safety. (i) Exceptions. a. Faith-Based Organization Projects and Shared Equity Projects with a Surveyed Historic Resource shall seek approval pursuant to Subparagraph (2) of Paragraph (d). (2) Expanded Administrative Review. The following projects shall be ministerially approved pursuant to Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code. As defined in this subdivision, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). The following projects use Expanded Administrative Review: (i) A project that requests the Public Benefit Options. A project that requests only Public Benefit Options in Paragraph (g) and Additional Incentives listed on the Menu of Incentives shall not be subject to any hearing procedures regardless of the provisions contained in Section 13B.3.2.D of Chapter 1A of this Code. (ii) A project seeking Additional Incentives not listed on the Menu of Incentives described in Paragraph (f) pursuant to California Government Code Section 65915(d). (iii) A project that requests only up to one Waiver. The Waiver shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code. (iv) A Faith-Based Organization Project or Shared Equity Project with a Surveyed Historic Resource. (v) A project requesting Additional Incentives from the Menu of Incentives that cannot comply with the criteria established in Section 12.22 A.39.(f)(1)(ii) of this Code shall be subject to the Public Hearing procedures described in Section 13B.3.2.D of Chapter 1A of this Code in addition to the general procedures described in Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code. (vi) A Public Land Project that received a preceding resolution of support from City Council, and request more than one Waiver. The Waiver shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code. (3) Director’s Determination. The Director of Planning shall review the following projects pursuant to Section 13B.2.5 of Chapter 1A of this Code: (i) A project requesting up to three Waivers. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code. (4) City Planning Commission Review. The following projects must file an application pursuant to Section 13B.2.3 of Chapter 1A of this Code. Notwithstanding the provisions set forth in Section 13B.2.3 (Class 3 Conditional Use Permit) of this Code, the decision of the City Planning Commission shall be final and not further appealable. (i) A project that requests more than three Waivers. Waivers shall be reviewed pursuant to the Findings described in Section 12.22 A.39.(d)(5) of this Code. (5) Findings for Waivers. Any Waivers requested pursuant to the Procedures described in this paragraph shall be approved by the applicable decision-making authority unless that decision- making authority makes one of the following findings:
(i) The Development Standard associated with a request for Waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph (c) at the densities or with the Base Incentives and Additional Incentives permitted under this subdivision.
(ii) The Waiver would have a Specific Adverse Impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible
method to satisfactorily mitigate or avoid the Specific Adverse Impact. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
(iii) The Waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(iv) The Waiver would be contrary to state or federal law.
(6) Other Discretionary Approvals. Applicable procedures set forth in Section 13A.2.10 (Multiple Approvals) of Chapter 1A of this Code apply for a project seeking other discretionary approvals in conjunction with an application pursuant to the Procedures in Paragraph (d). Regardless of any other findings that may be applicable, the decision-maker must approve the requested Base Incentives and Additional Incentives, either on or not on the Menu of Incentives described in Section 12.22 A.39.(f)(2) of this Code, requested under this subdivision unless the decision-maker, based upon substantial evidence, makes one or more of the disapproval findings described in Section 12.22 A.39.(f)(1)(i) of this Code.
(7) Density Bonuses, Incentives or Waivers Exceeding this Subdivision. A project that seeks additional Density Bonuses, Incentives or Waivers beyond what is expressly allowed by the
subdivision, shall be reviewed pursuant to Section 12.22 A.37. of this Code, along with the requirements and findings in Section 12.24 U.26. of this Code, for additional density if applicable.
(8) Applicability of Procedures, Program Standards and Incentives. If a public hearing, when required, has not yet been held for a project, and prior to the operative date of this subdivision a project’s entitlement application was filed and associated fees paid, the applicant may elect to apply the Procedures and comply with the Program Standards of this subdivision. Any such project shall
be subject to all other applicable provisions in Chapter 1 of this Code, including any Incentive menus or options, that were in effect on the date the application was filed and fees were paid. A project shall only be eligible for the Incentives of this subdivision, including any Incentive menus or options, if on or after the operative date of this subdivision both a new entitlement application is filed and associated fees are paid.
(e) Base Incentives. A project that meets the eligibility criteria established in Paragraph (c) may use Base Incentives described in this paragraph, in exchange for the required minimum percentage of
Restricted Affordable Units established in Paragraph (c) of this subdivision. A project that qualifies for Base Incentives established in Table 12.22 A.39.(e)(1) below shall also be eligible for Public Benefit Options listed in Paragraph (g). For Type I Unified Adaptive Reuse Projects that meet the eligibility criteria established in Section 12.22 A.39.(c) of this Code, notwithstanding the Density Bonuses described in Table 12.22 A.39.(e)(1), the Base Incentives for parking, FAR, and height shall only apply to the project’s new construction and the density shall be limited by floor area. (Amended by Ord. No. 188,793, Eff. 2/1/26.)
Table 12.22 A.39.(e)(1) Affordable Housing Incentive Program - Base Incentives
Eligibility Floor Area Ratio Density Bonus Parking Height Subarea (FAR) In each Subarea, the In each Subarea, the maximum increase in In each Subarea, the In each Subarea, the maximum increase maximum allowable in the allowable the otherwise required parking shall Description permitted shall be height permitted shall Maximum Allowable 1, 2 FAR be as follows: 3 be equal to the Residential Density as follows: shall be as follows: following: 4 Sites with a Maximum Sites with a Maximum Allowable Residential Allowable Residential Density of less than 5 Density of less than 5 units: The maximum Any Density Bonus units: Bonus of up to provided by California 0.5 Parking Spaces per FAR shall be equal to 11' or 1 story, Citywide whichever is greater. Government Code Unit. 5 Otherwise,1.5:1. the Section 65915. Otherwise, a maximum maximum FAR shall bonus of 22' or 2 be: 3.0:1, or a 35% stories, whichever is increase, whichever is greater. greater. Sites with a Maximum Sites with a Maximum Allowable Residential Lots located Density of less than 5 Allowable Residential within a half units: The maximum Density of less than 5 mile of a Major FAR shall be equal to units: Bonus of up to Transit Stop or Limited by Floor Area No minimum parking 2.0:1. 11' or 1 story, Very Low required. Otherwise, the whichever is greater. Vehicle Travel maximum FAR shall Otherwise, a maximum Area 6 be: 4.5:1, or a 50% stories,bonus whicheverof 33' or 3 is increase, whichever is
maximum FAR shall Otherwise, a maximum Area 6 be: 4.5:1, or a 50% stories,bonus whicheverof 33' or 3 is increase, whichever is
maximum FAR shall Otherwise, a maximum
Area 6 be: 4.5:1, or a 50% stories,bonus whicheverof 33' or 3 is
increase, whichever is
greater.
greater.
Sites with a Maximum
Sites with a Maximum
Allowable Residential
Allowable Residential
No minimum parking Density of less than 5
Higher Density of less than 5
required. units: The maximum
Opportunity units: Bonus of up to Required parking for FAR shall be equal to Areas or 11' or 1 story, Limited by Floor Area current or proposed 2.5:1 Moderate whichever is greater. non-residential uses Otherwise, the Opportunity Otherwise, a maximum may be reduced by maximum FAR shall Areas bonus of 33' or 3 25% be: 4.65:1, or a 55% stories, whichever is increase, whichever is greater. greater.
Footnotes:
Required automobile parking applies for all residential units in a project (not just the Restricted Affordable Units), inclusive of disabled and required guest parking, where applicable. All parking spaces provided shall comply with LAMC Section 12.21 A.5. Except that any combination of standard, compact or tandem spaces may be provided. Tandem parking spaces that do not comply with LAMC Section 12.21 A.5.(h)(2) may be provided in any configuration as long as a parking attendant or an automated parking system is provided at all times. Consistent with California Government Code Section 65915(p)(4), required parking spaces provided may be uncovered.
For consistency with California Government Code Section 65913.6, parking that was previously required under a Conditional Use Permit pursuant to LAMC Section12.24 for an existing “church” or “house of worship” use, or that would be required as part of a Conditional Use Permit for a proposed “church” or “house of worship” use, shall be reduced by 50%.
Provided that any additional floor area provided through this subdivision is utilized only by the new residential units and required amenity areas for the residential units. Any non-residential uses shall be limited to the FAR associated with a site’s underlying zoning prior to the application of any Incentive.
The increase in height shall be applicable to a project over the entire project site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or stories permitted by the zone, including for mixed-use projects.
No parking shall be required for a project meeting the criteria of California Government Code Section 65915(p)(3). No minimum parking is required for a Faith-Based Organization Project if there is a car share vehicle within one block of the lot.
(2) Automobile Parking Zone. In lieu of the limitations described in Sections 12.12.1 and 12.12.1.5 of this Code, in a P or PB zone, a project may utilize the Maximum Allowable Residential
Density, uses, and applicable Development Standards permitted in the least restrictive adjoining zone.
(i) Lots with Dual Zoning. In cases where a lot contains split zoning with a P or PB Zone, the entire lot may utilize the Maximum Allowable Residential Density, uses, and applicable
Development Standards of the least restrictive adjoining zone.
(3) Public Land Project. In lieu of the requirements in Sections 12.24 U.21. and 12.04.09 B.9. of this Code, a Public Land Project shall be permitted to utilize a multiple family residential dwelling use; the applicable Incentives identified for projects with a Maximum Allowable Residential Density of five in Table 12.22 A.39.(e)(1); and either:
(i) Utilize Maximum Allowable Residential Density, uses, and applicable Development Standards as permitted in the least restrictive adjoining zone. Regardless of adjacent zoning, all
Public Land Projects shall be granted a base Floor Area Ratio of 3.0:1, a base height of three stories or 33 feet whichever is greater; or
(ii) Seek more than one Waiver through an Expanded Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this
Code, where a project has received a preceding resolution of support from City Council.
(4) Roadway Widening. A project shall be exempt from any applicable roadway widening requirements, which for the purposes of this Base Incentive shall mean the relocation of an established
curb or curb and gutter, pursuant to Section 12.37 of this Code. A project shall further be eligible for relief from some required dedication, where specified by Section 12.37 of this Code. Required
dedications and improvements shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. Granting of this Base Incentive
for roadway widening shall not require a project to seek approval pursuant to the procedures described in Section 12.37 I. (Waiver and Appeals) of this Code. A project utilizing this Incentive shall
still be required to dedicate land and complete all other public right-of-way improvements, including, but not limited to, sidewalk improvements, that may be required. A Waiver of Dedication and
Improvement pursuant to Section 12.37 I. (Waivers and Appeals) of this Code shall still be required for projects seeking to be exempt from a required land dedication or required improvement other than roadway widening.
(i) Exceptions. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or projects subject to procedures in Section 13B.2.3 (Class 3 Conditional Use Permit) of
Chapter 1A of this Code shall not be eligible for this Base Incentive.
(5) Exceptions.
(i) A One Hundred Percent Affordable Housing Project with five or more units (excluding bonus units) pursuant to section (i) of California Government Code Sections 65915 shall not be eligible for the FAR and Parking Incentives indicated in Table 12.22 A.39.(e)(1) and shall be limited to the Density Bonus, Parking, and Height Incentives for projects meeting the eligibility criteria of California Government Code Section 65915(b)(1)(G), as set forth in California Government Code Section 65915(d), (f) and (p) if any of the following is applicable:
a. The project is located in a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area; or
b. The project is located in a manufacturing zone that does not allow multiple family residential uses (M1, M2, M3) or is located in a hybrid industrial zone (CM, MR1, MR2) with residential use restrictions from an applicable planning overlay.
c. The project is located in a single-family or more restrictive residential zone (RW or more restrictive).
(ii) In a Specific Plan or overlay district that has FAR available through a development bonus or incentive program to provide affordable housing, a project may utilize the bonus FAR of
the Specific Plan or overlay district in lieu of the FAR maximum described in Table 12.22 A.39.(e)(1).
(iii) A Faith-Based Organization Project or Shared Equity Project shall be limited to the low density Base Incentives indicated in Table 12.22 A.39.(e)(1) for a site with a Maximum
Allowable Residential Density of less than five units, regardless of the underlying Maximum Allowable Residential Density or zoning of the project site.
a. Measure ULA Exception. A Shared Equity Project receiving funding from a program established under Ordinance 187,692 (Measure ULA) shall be eligible for Incentives as
determined by the project site’s Maximum Allowable Residential Density.
(f) Additional Incentives. A project that satisfies the applicable eligibility criteria of this Subdivision 39. shall be granted a number of Additional Incentives pursuant to the provisions described below in
addition to the Base Incentives established in Paragraph (e).
(1) A project shall be eligible for up to five Additional Incentives. A project that satisfies the applicable eligibility criteria of this Subdivision 39. may receive up to five Incentives provided a project includes the applicable percentage of Restricted Affordable Units (excluding units added by a Density Bonus) that is necessary to obtain the maximum number of Incentives available to an income category under California Government Code Section 65915, as listed in Table 12.22 A.37.(f)(1)(i). A project may request Incentives listed in the Menu of Incentives in Paragraph (f)(2) or use an Incentive to seek a deviation from a Development Standard elsewhere in the Los Angeles Municipal Code or a project site’s applicable zoning ordinance, Community Plan, Specific Plan, or overlay. Refer to Paragraph (d) for the approval Procedure that is consistent with the project’s Incentive request.
(i) Incentives requested pursuant to the applicable procedure in Paragraph (d) of this subdivision shall be granted unless any one of the following written findings are made, based upon
substantial evidence:
a. The Incentive does not result in identifiable and actual cost reductions, consistent with California Government Code Section 65915(k), to provide for affordable housing costs as
defined in California Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
b. The Incentive will have a Specific Adverse Impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for
which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to low-income and moderate-income households. Inconsistency with the zoning ordinance or General Plan land use designation shall not constitute a Specific Adverse Impact upon the public health or safety.
c. The Incentive would be contrary to state or federal law.
(ii) To be eligible for the Menu of Incentives described in Section 12.22 A.39.(f)(2) of this Code a project shall comply with all of the following:
a. The project shall not be located in a Very High Fire Hazard Severity Zone, Sea Level Rise Area or the Coastal Zone.
b. The project would not require the Demolition, as Demolition is defined in Section 13B.8.1.C of Chapter 1A of this Code, of a Designated Historic Resource, or any Surveyed Historic Resource, eligible or architectural historic resource identified for any historic protection or special consideration or review by an applicable overlay or Specific Plan including sites located in the South Los Angeles Community Plan Implementation Overlay (CPIO) Section 1-6.C.5.b; the Southeast Los Angeles CPIO Section 1-6.C.5.b; the West Adams CPIO Ch.1, Section 6.C.5.b; the San Pedro CPIO Ch.1, Section 7.C.5.b; Westwood Village Specific Plan; Echo Park Community Design Overlay (CDO) District; or the North University Park Specific Plan.
c. The project shall not include any lots located in a manufacturing zone that does not allow multiple family residential uses (M1, M2, M3) or lots located in a hybrid industrial zone
(CM, MR1, MR2) with residential use restrictions from an applicable planning overlay, except for Public Land Projects.
(2) Menu of Incentives. A project may elect to request any of the following Incentives not to exceed the allowed number of Incentives pursuant to Paragraph (f)(1) above. Each request from the
Menu of Incentives shall constitute one Incentive request unless otherwise stated.
(i) Yards. A project contained in this subdivision may request a reduction of otherwise required yards as follows in Table 12.22 A.39.(f)(2)(i)a. In C zones, yard reductions from the Table may be requested as
one Incentive. Separately in R zones, yard reductions from the Table may also be requested as one Incentive.
Table 12.22 A.39.(f)(2)(i)a. Affordable Housing Incentive Program - Allowed Yard Incentives
Zone Yard Incentive Side, Rear and Front Yards. A project may utilize any or all of the yard requirements for the RAS3 zone per Section 12.10.5 of this Code. A project on a commercially zoned C Zones site adjacent to a property zoned RD or more restrictive may provide a rear yard of not less than five feet. Front Yards. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line of adjacent buildings along the same street frontage. Or, if a site is a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there R Zones are no adjacent buildings, no reduction is permitted. If a project occupies all the lots on an entire street frontage, a reduction to the front yard is permitted so long as it is to the same dimension as a corresponding increase to the rear yard. Side and Rear Yards. Up to 30% decrease in the required width or depth of any individual yard or setback.
(ii) Transitional Height. No otherwise applicable requirement for transitional height including Section 12.21.1 A.10. of this Code, or any applicable transitional height limits in a project
site’s applicable zoning, Community Plan, Specific Plan, or overlay, including any requirements for reduced building heights when a project site is adjoining a more restrictive zone, shall need
to be met.
(iii) Ground Floor Activation. Where nonresidential Floor Area is required by a zoning ordinance, Specific Plan, Community Plan Implementation Overlay, Pedestrian Overlay Zone, or
other set of Development Standards, including to meet the definition of a Mixed Use Project in Section 13.09 B.3. of this Code, that requirement may be reduced by 50 percent and be satisfied
by residential lobbies, community rooms, resident amenities spaces, child care centers, supportive services areas, or common open space or use whose primary purpose is to provide services and assistance to residents of the building or the general public.
(iv) Ground Floor Height. A project may request a 30% reduction in any ground floor height requirement.
(v) Commercial Parking. A project may request the elimination of any requirement to provide new or maintain existing automobile parking spaces associated with a commercial use that is proposed in conjunction with the project.
(vi) Building Spacing and Passageways. A project subject to the provisions set forth in Section 12.21 C.2. of this Code may request a reduction in building spacing and passageway requirements as follows:
a. Up to a 30% reduction in the space between buildings required pursuant to Section 12.21 C.2.(a) of this Code.
b. Up to a 50% reduction in the width of the passageway required pursuant to Section 12.21 C.2.(b) of this Code or the space provided to meet a site’s side yard requirement,
whichever provides a greater reduction. Passageways provided may extend from any public street adjacent to the project site.
(vii) Lot Coverage. Up to a 20% increase in lot coverage limits, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(viii) Lot Width. Up to a 25% decrease from a lot width requirement, provided that the landscaping for the project meets a minimum of 30 points under the Landscape and Site Design
Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System.
(ix) Open Space. In lieu of the open space calculations set forth in Section 12.21 G.2. of this Code, a project requesting this Incentive may calculate its usable open space requirement as
15% of the total lot area or 10% of the total floor area confined within the perimeter walls of the provided residential units, whichever is greater, provided that the overall design of the project meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System. Common Open Space shall constitute at least 50% of the usable open space calculated under this incentive and shall be provided as outdoor space and comply with applicable provisions of Section 12.21 G.2.(a) of this Code. Usable open space provided as Private Open Space shall comply with Section 12.21 G.2.(b) of this Code.
(x) Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as a part of the lot area for purposes of calculating the maximum
density permitted by the underlying zone in which the project is located.
(xi) Averaging of Floor Area Ratio, Density, Parking or Open Space, and Permitting Vehicular Access. A project that is located on two or more contiguous lots, not separated by a street or alley, may average and permit the floor area, density, open space, and residential and commercial parking over the project site, and permit vehicular use and access between a less restrictive zone and a more restrictive zone, provided that:
a. No further lot line adjustment or any other action that may cause the project to be subdivided, shall be permitted subsequent to this grant during the life of the proposed project
pursuant to a covenant running with the land that is recorded with the Los Angeles County Recorder prior to the issuance of any building permit; and
b. The proposed uses in the project are located on areas of the development site where the proposed uses are is permitted by the underlying zone(s) of each lot; and
c. The proposed project is located on one or more contiguous lots that are not separated by a street or alley.
(xii) Relief from a Development Standard. A project may request up to 20% relief from a Development Standard contained in Chapter 1 of this Code, an overlay, a Specific Plan, a
Community Plan, a Q Condition, or a D Condition. A project requesting this Incentive must provide landscaping for the projects that meets a minimum of 30 points under the Landscape and Site Design Ordinance of Section 12.40 of this Code, and the Landscape and Site Design Point System. This Incentive may be requested more than once, but shall require the use of an Incentive for each request.
a. Exception. This Incentive shall not apply to Development Standards that regulate FAR, height, yards / setbacks, signs, parking in front of buildings, required trees, pedestrian
access, or usable open space. This Incentive shall not apply to a Designated Historic Resource, or a Non- Contributor.
(xiii) Lot Requirements. A Faith-Based Organization Project or a Shared Equity Project on a site with a Maximum Allowable Residential Density of less than five units is eligible for a
reduction of otherwise required Lot standards, as part of a subdivision as follows:
a. Minimum Lot Area: 600 square feet
b. Minimum Lot Width: 15 feet
c. Minimum Lot Access: A 3-foot pedestrian access easement may be provided in lieu of vehicular access requirements.
(xiv) Yards. A Faith-Based Project or a Shared Equity Project on a site with a Maximum Allowable Residential Density of less than 5 units is eligible for the reduction of otherwise required Yard standards as follows:
a. Front yard reductions are limited to no more than the average of the front yards, regardless of a required Building Line, of adjacent buildings along the same street frontage. Or, if
a site is located on a corner lot or adjacent to a vacant lot, the front yard setback may align with the facade of the adjacent building along the same front lot line. If there are no adjacent buildings, no reduction is permitted. If a project occupies all the lots on an entire street frontage, a reduction to the front yard is permitted so long as it is to the same dimension as a corresponding increase to the rear yard.
b. A side yard setback of 4 feet for a three-story structure, or side yard setback of 3 feet for a two-story structure.
c. No interior side yard setback shall be required for buildings that are part of the same development.
d. Rear yard setbacks of 4 feet, provided structures maintain a height of less than 26 feet within 15 feet of the rear property line.
e. Alley setbacks of zero feet for structures that maintain a height of less than 26 feet in height for at least the first 15 feet from the alley.
(xv) Building Spacing and Passageways. A Faith-Based Organization Project or Shared Equity Project on a site with a Maximum Allowable Residential Density of less than five units
does not need to meet zoning requirements related to building spacing or passageways pursuant to Section 12.21 C.2. of this Code.
(g) Public Benefits Options. A project that qualifies for the Base Incentives contained in this Subdivision 39. shall be eligible for one or more of the following Public Benefit Options. A project may utilize more than one Public Benefit Option if eligible, and bonuses granted in exchange for Public Benefits may be stacked. These Public Benefit Options may be combined with the Additional Incentives
granted pursuant to Paragraph (f). If a project includes 5 of the following Public Benefit Options, they shall receive an additional 11 feet in height. A Faith-Based Organization Project, or a project located in Very High Fire Hazard Severity Zones, Coastal Zones or Sea Level Rise Areas, shall only be eligible for Public Benefit Options listed in Sections 12.22 A.39.(g)(1) and 12.22 A.39.(g)(4) of this Code.
(1) Child Care Facility. A project that includes a Child Care Facility located on the premises of, as part of, or adjacent to, the project; and that records a covenant in the project site’s chain of title
to the benefit of the City using language to the satisfaction of the City, that requires the Child Care Facility be maintained for at least 55 years, shall be granted either of the following:
(i) An increase in the Floor Area of the project’s residential unit space equal to the Floor Area of the Child Care Facility included in the project; or
(ii) An additional Incentive listed on the Menu of Incentives or not listed on the Menu of Incentives, using the procedures of Section 12.22 A.39.(d)(1) or (d)(2) of this Code as applicable,
that contributes significantly to the economic feasibility of the construction of the Child Care Facility. A project that utilizes this Incentive may request an additional 11 feet in height.
(iii) Notwithstanding the Public Benefit Options available under this Subparagraph (1), pursuant to California Government Code Section 65915(h)(3), a Density Bonus or Incentive for a
Child Care Facility shall not be provided if the applicable decision-maker finds, based on substantial evidence, that the community has adequate Child Care Facilities.
(2) Multi-Bedroom Units. A Housing Development that includes units with three bedrooms or more, and executes 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, shall be granted one of the following options to requested Floor Area and Height incentives:
(i) A Housing Development that includes three bedrooms or more in a minimum of 10% of its overall residential units (including units added by a Density Bonus), shall be granted
additional Floor Area and Height in addition to what is available through the Base Incentives in Section 12.22 A.39.(e) of this Code as follows in Table 12.22 A.39.(g)(2)(i)a.; or
Table 12.22 A.39.(g)(2)(i)a. Additional FAR and Height for Multi-Bedroom Units
Overall Residential Units (including Density Bonus Additional FAR Additional Height (Stories) Units) 0 - 30 0.5:1 1 31 - 50 1.0:1 1 51 - 75 1.5:1 2 75+ 2.0:1 2
(ii) Any Housing Development that includes residential units with three bedrooms or more shall be granted the following:
a. An exemption of the square footage of all residential units with three or more bedrooms from the floor area calculations, so that the specified bedrooms do not count against the
allowed floor area of the site; and/or
b. An additional story of height beyond what is available in the applicable height Incentive as listed for Base Incentives in Paragraph (e). The square footage of this additional story shall be limited to the square footage exempted as a result of applying Section 12.22 A.39.(g)(2)(ii)a. of this Code.
(3) Preservation of Trees. Additional 11 feet of height may be awarded for projects that maintain existing mature, Significant Trees (any tree that measures 12 inches or more in diameter at four
and one-half feet above the average natural grade at the base of the tree and/or is more than 35 feet in height), as verified by a focused Tree Report prepared by a certified arborist. A covenant shall
be filed in the project site’s chain of title to the benefit of the City using language to the satisfaction of the City that requires the tree to be maintained for at least 15 years unless a certified arborist certifies that the tree is dead, dying or dangerous to public health.
(4) Land Donation. An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California Government
Code Section 65915(g), as verified by the Department of City Planning, shall be granted a Density Bonus of 15% as specified in California Government Code Section 65915(g).
(5) Active Ground Floor Exemption from Calculation of Floor Area. Active uses, up to 1,500 square feet, located on the ground story shall be exempt from the calculation of floor area.
(i) For the purposes of exempting active uses on the ground story from calculating floor area, active space shall be designed and intended for Neighborhood Retail and Service Uses. Areas
for circulation, storage, mechanical equipment, parking, lobbies, mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15% of an area designated as an active use.
(ii) Projects utilizing this option shall provide a ground story transparency of a minimum of 60% along the building Frontage.
(iii) Projects utilizing this option shall provide a ground floor entrance at minimum every 50 feet along the front property line that provides both ingress and egress pedestrian access to the
ground story of the building.
(6) Privately Owned Public Space. A project that provides 4% of buildable lot area that is dedicated as Privately Owned Public Space above the project site’s required Common Outdoor Open
Space, shall be eligible for a zero rear yard setback and shall be eligible to utilize the Additional Incentive titled Relief From a Development Standard as described in Section 12.22 A.39.(f)(2)(xii) of this Code in order to deviate from site landscaping requirements.
(7) Surveyed Historic Resource Facade Rehabilitation. A project incorporating a Surveyed Historic Resource into the project design shall be granted additional Floor Area up to 1.0 FAR and
22 feet in height beyond what is available and requested as an Incentive from the Base Incentives in Table 12.22 A.39.(e)(1), provided all of the following standards are met:
(i) The project retains all street Frontage facades to a depth of 10-feet,
(ii) New Floor Area shall be setback behind the 10-foot retention area, except that outdoor open space, balconies, and non-habitable architectural projections may encroach on the 10-foot
retention area. In instances where a lot contains dual-frontages, the setback shall be applied from both Frontages, and
(iii) Rehabilitation of the facades is completed pursuant to the Secretary of the Interior’s Standards for Rehabilitation, as supported by an expert study that has been accepted by the Office
of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning. 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 as described in the definition in Section 12.03 of this Code.
(h) Program Standards. The following program standards shall be applicable to any project that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) Eligibility For Other Density Bonus Programs. A project seeking a Density Bonus or other development incentives pursuant to this subdivision are not eligible for a Density Bonus or other development incentives pursuant to the procedures of any other housing incentive program contained in the Los Angeles Municipal Code, a Community Plan, an overlay, Specific Plan, or any other City regulation or guideline. However, a project may utilize the streamlining procedures and Incentives for Adaptive Reuse Projects (Sec. 12.22 A.26. of this Code) and in the Housing Element Sites Streamlining Program (Section 16.70 of this Code), provided that the project meets the requirements for all utilized programs.
(2) Calculating Maximum Allowable Residential Density. The Maximum Allowable Residential Density of a project site shall be calculated pursuant to California Government Code Section
65915(o)(6), before the application of a Density Bonus, using the maximum number of units allowed under a project site’s applicable zoning ordinance, Specific Plan, or General Plan land use designation, whichever is greater. If a range is permitted, the maximum number of units allowed by the specific zoning range, Specific Plan, or General Plan land use designation shall be applicable when determining a project site’s density prior to the application of a Density Bonus. Residential units added using an incentive program contained in a Specific Plan, overlay, or other City program granting development bonuses, shall not count toward a project’s Maximum Allowable Residential Density. A project in a P or PB zone shall calculate Maximum Allowable Residential Density using additional provisions pursuant to Section 12.22 A.39.(e)(2) of this Code, and a Public Land Project shall calculate Maximum Allowable Residential Density using additional provisions pursuant to Section 12.22 A.39.(e)(3) of this Code.
(3) Calculating Restricted Affordable Units. The required number of Restricted Affordable Units shall be calculated based on the Total Units of a project (including bonus units), or provided
residential units excluding bonus units, as specified in this subdivision.
(4) Calculating a Density Bonus. For the purposes of calculating a Density Bonus, the following shall apply:
(i) Residential units that comprise a project shall be on contiguous lots, not separated by a street or alley, that are the subject of a single development application, but do not need to be based
on individual subdivision maps or lots.
(ii) An applicant for a project has the ability to apply a lesser percentage of Density Bonus, including but not limited to, no Density Bonus.
(5) Fractional Numbers.
(i) Units. For the purposes of this subdivision, calculations for the following resulting in fractional numbers shall be rounded up to the next whole number:
a. Maximum Allowable Residential Density;
b. Density Bonus Units;
c. Number of Restricted Affordable Units;
d. Number of Replacement Housing Units;
e. Vehicular Parking; and
f. Number of Multi-Bedroom Units provided pursuant to Section 12.22 A.39.(g)(2) of this Code.
(6) Replacement Housing Units and Demolition Protections. A project approved under this subdivision must meet any applicable housing replacement requirements and demolition protections
of California Government Code Section 65915(c)(3) and Section 16.60 of this Code, as verified by the Los Angeles Housing Department (LAHD) prior to the issuance of a building permit. Replacement Housing Units required pursuant to this subdivision may count towards any Restricted Affordable Unit requirements.
(7) Standards for Restricted Affordable Units. A Project must meet the applicable requirements regarding the size, location, amenities and allocation of Restricted Affordable Units in Section
16.61 B. and C. of this Code, and in any Implementation Memorandum, Technical Bulletin or User Guide prepared and adopted by the Los Angeles Housing Department or Department of City Planning. Restricted Affordable Units are subject to a recorded affordability restriction of 55 years, or 99 years pursuant to Section 16.61 A. of this Code as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Section 19.14 of the Los Angeles Municipal Code.
(8) Implementation Memorandums, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memorandums, FAQs, Forms / Applications and/or User Guides
for State Density Bonus requirements, as set forth in California Government Code Sections 65915 - 65918, for the purpose of providing additional information pertaining to this subdivision and maintaining consistency with State Density Bonus Law.
(9) Covenants. Prior to the issuance of a building permit for any project qualifying for a Density Bonus pursuant to the provisions of this subdivision, covenants acceptable to the Los Angeles
Housing Department and consistent with the requirements in this subdivision and set forth in Section 16.61 of this Code shall be recorded with the Los Angeles County Recorder. For Shared Equity Projects covenants shall restrict the resale of the property to a Public Agency, Community Land Trusts as defined in the California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), Limited Equity Housing Cooperatives, or Workforce Housing Cooperative Trusts as defined in California Civil Code Section 817, or nonprofit affordable housing corporations pursuant to United States Internal Revenue Code Section 501(c)(3).
(10) Interpretation Consistent with State Density Bonus Law. This subdivision is intended to be interpreted as consistent with State Density Bonus Law contained in California Government
Code Sections 65915 - 65918. If at any time, this subdivision becomes inconsistent with California Government Code Sections 65915 - 65918, as determined by the Director of Planning, the provisions of State Density Bonus Law shall apply.
(11) Update Frequency. The Director shall have the authority to issue and update eligibility maps on an annual basis in order to align the programs of this Subdivision 39. with updated zoning,
transit, and geographic data updates, including updates to Resource Areas as defined and identified by the California Tax Credit Allocation Committee (TCAC), and updates to the locations of Very Low Vehicle Travel Areas and Major Transit Stops.
(12) Adjoining Zone. Refers to the zones of properties abutting, across the street or alley from, or having a common corner with, the subject project site for purposes of this Subdivision 39.
(13) Income Limits, For-sale Costs, and Rent Schedules. Restricted Affordable Units required as part of a One Hundred Percent Affordable Housing Project, Public Land Project, Faith-Based
Organization Project, or Shared Equity Project shall meet the income limit, for-sale cost and rent schedule requirements specified for these projects in footnotes (1) (2) (3) and (4) of Table 12.22 A.39.(c)(2)(i).
(14) Story. A story for purposes of granting an Incentive or Waiver for additional height through this subsection shall be defined as 11 feet.
(i) Relationship to Other Laws, Plans, Requirements and Codes. The following provisions shall govern the relationship of this Subdivision 39. to other laws, plans, requirements and codes for any project that meets the eligibility criteria established in Paragraph (c) of this subdivision.
(1) A project that meets the eligibility criteria established in Paragraph (c) of this subdivision, and complies with the Procedures established in Paragraph (d) of this subdivision, may utilize a
multiple family residential dwelling use with a minimum of two-thirds residential floor area even though use limitations may apply to a project site.
(2) If any of the Procedures described in Paragraph (d), Base Incentives described in Paragraph (e), Additional Incentives described in Paragraph (f), Public Benefit Options described in Paragraph (g), or Waivers requested pursuant to Sections 12.22 A.39.(d)(2) or 12.22 A.39.(d)(4) of this Code, differ from any otherwise applicable Community Plan, Specific Plan, overlay, supplemental use district, “Q” condition, “D” limitation, or citywide regulation established through Chapter 1 of this Code, including but not limited to the Ordinance Nos. listed below, this subdivision shall prevail where the project applicant seeks approval through this subdivision.
(i) Alameda District Specific Plan (171,139) (ii) Avenue 57 Transit Oriented District (174,663) (iii) Bunker Hill Specific Plan (182,576) (iv) Century City North Specific Plan (156,122) (v) Century City West Specific Plan (186,370) (vi) Century City South Specific Plan (168,862) (vii) Coastal Bluffs Specific Plan (170,046) (viii) Coliseum District Specific Plan (185,042) (ix) Colorado Boulevard Specific Plan (178,098) (x) Convention Center and Arena Specific Plan (188,077) (xi) Cornfield Arroyo Seco Specific Plan (182,617) (xii) Crenshaw Corridor Specific Plan (184,795) (xiii) Devonshire / Topanga Corridor Specific Plan (168,937) (xiv) District No Ho Specific Plan (188,144) (xv) Exposition Corridor Transit Neighborhood Plan (186,402) (xvi) Foothill Boulevard Corridor Specific Plan (170,694) (xvii) Girard Tract Specific Plan (170,774) (xviii) Glencoe / Maxella Specific Plan (171,946) (xix) Granada Hills Specific Plan (184,296) (xx) Hollywoodland Specific Plan (168,121) (xxi) Jordan Downs Urban Village Specific Plan (184,346) (xxii) Los Angeles Airport / El Segundo Dunes Specific Plan (167,940) (xxiii) Los Angeles International (LAX) Specific Plan (185,164) (xxiv) Los Angeles Sports and Entertainment District Specific Plan (181,334) (xxv) Loyola Marymount University Specific Plan (181,605) (xxvi) Mt. Washington / Glassell Park Specific Plan (168,707) (xxvii) Mulholland Scenic Parkway Specific Plan (167,943) (xxviii) North Westwood Village Specific Plan (163,202) (xxix) Oxford Triangle Specific Plan (170,155) (xxx) Pacific Palisades Commercial Village and Neighborhood Specific Plan (184,371) (xxxi) Paramount Pictures Specific Plan (184,539) (xxxii) Park Mile Specific Plan (162,530) (xxxiii) Playa Vista Area B Specific Plan (165,638) (xxxiv) Playa Vista Area C Specific Plan (165,639) (xxxv) Playa Vista Area D Specific Plan (176,235) (xxxvi) Ponte Vista at San Pedro Specific Plan (182,937 and 182,939) (xxxvii) Porter Ranch Land Use / Transportation Specific Plan (180,083) (xxxviii) Redevelopment Plans (186,325) (xxxix) San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan (175,736) (xl) San Vicente Scenic Corridor Specific Plan (173,381) (xli) University of Southern California University Park Campus Specific Plan (182,343) (xlii) Valley Village Specific Plan (168,613) (xliii) Venice Coastal Zone Specific Plan (175,693) (xliv) Ventura-Cahuenga Boulevard Corridor Specific Plan (174,052) (xlv) Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (173,749) (xlvi) Warner Center 2035 Plan (182,766) (xlvii) Westwood Community Multi-Family Specific Plan (163,203 and 163,186) (xlviii) Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan (187,644) (xlix) Wilshire - Westwood Scenic Corridor Specific Plan (155,044)
(3) Despite Section 11.05 (Effect of Renumbering or Redesignation of Provisions or Sections in Statutes or Codes of the State of California Which are Referenced to in the Los Angeles Municipal
Code) of this Code, any references to State or Federal statutes or regulations in this subdivision shall be to those statutes or regulations as written and in effect on the date the ordinance adding those
references is adopted. This general rule is intended to control over a specific rule to the contrary and shall not be subject to the rule of statutory construction that where there is a conflict, a specific
statute controls over a general statute. References within this subdivision to requirements of other City or government agencies or Chapters of the Los Angeles Municipal Code, as well as other local,
state, and federal codes are provided for informational purposes and are not intended to be comprehensive or to provide exemption from any additional applicable regulations from other City or
government agencies or sections of the Los Angeles Municipal Code not explicitly referenced in this subdivision.
40. Administrative Approval for One Hundred Percent Affordable Housing Projects. (Added by Ord. No. 188,788, Eff. 12/19/25.)
(a) Purpose. The purpose of this subdivision is to establish procedures for implementing State Density Bonus requirements as set forth in California Government Code Sections 65915 - 65918, relative to
the administrative approval of the One Hundred Percent Affordable Housing Projects specified in this subdivision, in order to increase the production of affordable housing consistent with objective review
standards and City policies, and with reference to specified state laws as they exist on the date of adopting this subdivision. This subdivision shall offer Incentives and Waivers for the purposes of increasing
the feasibility of affordable housing construction. This subdivision may be referred to as the “Affordable Housing Streamlining Program”.
(b) Projects Submitted Under Executive Directive No. 1 or Prior To Effective Date. A One Hundred Percent Affordable Housing Project that meets the eligibility criteria for Executive Directive No.
1 as applicable, and submits either a preliminary application, as authorized by state law, a vesting of development plan per Section 13B.10.1.B.2 of Chapter 1A of this Code, or a City Planning Application
for an Executive Directive No. 1 project to the Department of City Planning, along with any associated submittal fees, prior to November 18, 2025, is not required to meet the provisions of Paragraphs (c),
(d), (e), (f), (g), (h)(2), (h)(3), (h)(4) and (i) of this subdivision to be eligible for approval in accordance with this subdivision. A One Hundred Percent Affordable Housing Project that meets all the criteria
of this subdivision, submits an applicable preliminary application, vesting of development plan, or City Planning Application, and pays all submittal fees, on or after November 18, 2025 but before the
effective date of this subdivision, may amend its application and make a written election to be converted to processing through the Affordable Housing Streamlining Program upon the effective date of this
subdivision; but such a project must comply with all provisions of this subdivision to be eligible for approval in accordance with this subdivision, and will have timelines calculated from the date the
application is converted and any associated fees are paid for the conversion.
(c) Eligibility Requirements. To qualify for the provisions of this subdivision, a One Hundred Percent Affordable Housing Project must elect to proceed under this subdivision and meet all of the
following eligibility requirements:
(1) The project site does not include any parcel, that in whole or in part, is located in a single family or more restrictive zone, or is located in a manufacturing zone, Specific Plan, or planning
overlay that does not allow multi-family residential uses.
(2) If the project site includes any parcel with a residential zoning classification in whole or in part, then the entire project site’s zoning must permit the construction of five or more residential
units, rounded up to the nearest whole number, prior to the grant of any density bonus or the application of a bonus statute or program.
(3) The project, excluding any additional density, concessions, Incentives, or Waivers of development standards, granted pursuant to the Density Bonus Law in California Government Code
Section 65915 or any other local affordable housing incentive program, is consistent with objective zoning standards and objective overlay and design review standards in effect at the time that the development application is submitted pursuant to this subdivision.
(4) The project does not require review and approval of any action pursuant to the following:
(i) Coastal development permit, pursuant to Division 13B.9.1 (Coastal Development Permit Pre-Certification) or Division 13B.9.2 (Coastal Development Permit (Post-Certification) of
Chapter 1A of this Code.
(ii) Applicant requested relief from a standard or requirement via a quasi-judicial relief process established in Section 13B.5.1 through Section 13B.5.4 (Quasi-Judicial Relief) of Chapter
1A of this Code.
(iii) Applicant requested waiver or appeal of a dedication and improvement requirement under Section 12.37 I. of Chapter 1 of this Code.
(iv) Deviation from a development standard applied through a Specific Plan for Community Plan Implementation Overlay (CPIO) pursuant to Section 13B.4.5 (Project Exception) or
Section 13B.4.4 (Project Adjustment) of Chapter 1A of this Code.
(v) Any form of legislative action pursuant to Division 13B.1 (Legislative Action) of Chapter 1A of this Code.
(5) The project would not include any parcel that includes the following:
(i) Any Designated Historic Resource, or any parcel within a historic district, or any parcel included within any Historic Preservation Overlay Zone (HPOZ); or
(ii) Any surveyed or eligible historic resource identified within the South Los Angeles Community Plan Implementation Overlay (CPIO) Section 1-6.C.5.b, the Southeast Los Angeles
CPIO Section 1-6.C.5.b, the West Adams CPIO Section 6.C.5.b, or the San Pedro CPIO Section 7.C.5.b; or
(iii) Any surveyed historic or eligible architectural resource located in the Westwood Village Specific Plan, Central City West Specific Plan, Echo Park CDO District, or the North
University Park Specific Plan.
(6) The project is not located on a hazardous waste site that is listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to California Health and Safety Code Section 25356, unless either of the following apply:
(i) The site contains an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the California Health and Safety Code
based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to California Government Code Section 65962.5.
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to
subdivision (c) of Section 25296.10 of the California Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(7) A project site that is or was previously used as a gas or oil well as identified by the California Geologic Energy Management Division shall not be approved until a Phase I environmental
assessment is completed, and a Phase II environmental assessment is completed if warranted, as defined in California Health and Safety Code Section 25403. A “No Further Action” letter, or some other comparable documentation issued by the appropriate regulatory agency shall be required to establish eligibility for this program.
(8) The project does not include any parcels that are located in the Very High Fire Hazard Severity Zone portion of the Hillside Area Map pursuant to Section 1.5.6. (Hillside Area Map) of
Chapter 1A of this Code.
(9) The project is not located on a parcel or parcels subject to the Rent Stabilization Ordinance (RSO) containing a project site total of 12 or more units that are occupied or were occupied in the
five-year period preceding the application.
(d) Performance Standards. A One Hundred Percent Affordable Project approved pursuant to this subdivision shall meet all the following performance standards, and no deviation (including via
Incentives or Waivers), from these standards shall be granted, except that any project resulting from the conversion of an existing structure need not comply with these standards.
(1) Increase in Floor Area Ratio (FAR). A One Hundred Percent Affordable Housing Project located in a residential zone shall be eligible to request an off-menu Incentive or Waiver for no
more than a 100 percent increase in the total project Floor Area Ratio (FAR), or up to a 3.5:1 FAR, whichever is greater.
(2) Reduction in Yards for Projects Located in Residential Zones or Land Use Designations. A One Hundred Percent Affordable Housing Project located in a residential zone or land use designation shall be eligible to request an off-menu Incentive or Waiver for no less than a Side Yard setback of 5 feet and a Rear Yard setback of 8 feet. An off-menu Incentive or Waiver for a reduction of Front Yard setback shall be limited to no more than the average of the Front Yards of buildings on adjoining lots along the same street frontage. Or, if located on a corner lot or adjacent to a vacant lot, the Front Yard setback may align with the façade of the building on the adjoining lot along the same front lot line. If there are no buildings on adjoining lots, no reduction in the Front Yard setback is permitted. For the purpose of requesting an Incentive or Waiver to reduce required yards, all adjustments to individual yards or setbacks may be combined to count as one off-menu Incentive, one Waiver, or one on-menu Incentive.
(3) Screening of At or Above Grade Parking Areas. Any parking area provided at or above grade shall be concealed as follows:
(i) Surface Parking Screening. Where any surface parking area abuts a public street, a landscape buffer, planted with shade trees and shrubs, of a minimum of three feet in width shall be
provided between the property line and the subject surface parking.
(ii) Ground Floor and Upper Floor Screening. Ground floor and above-grade vehicular parking and circulation area located within a building or structure, including within a standalone
building or structure, shall be screened with:
a) Active uses such as residential units, amenities such as gyms and other common areas serving residential tenants, or commercial uses, or
b) Visually opaque materials or treatments on exterior, street-facing walls of the parking area, provided that opaque materials shall not have less than 60% opacity for any
individual tier of parking measured in elevation projection. Screening systems can include openings for natural ventilation, such as louvers, solid walls, or spandrel systems. Parking
area enclosures shall not include perforated metal screening products.
Minimum opacity is measured as a percentage calculated as the sum of all solid areas on a parking facade area divided by the total parking facade area projected horizontally and
perpendicular to the facade area. When a parking structure tier uses more than one screening treatment with varying opacities, the opacity for the entire level is calculated as a
weighted average of the opacities of all the treatments used on the tier. The opacity of each screening treatment is weighted by the percent of the total parking screen facade area
covered by that screening treatment.
(4) Street Facing Entrance. Any building fronting a public street shall have at least one entrance facing a public street.
(5) Pedestrian Access. A means of approaching or entering a lot from the public right-of-way as a pedestrian shall be provided to the street facing entrance from a public street.
(6) Minimum Glazing. All floors located above the ground floor shall have glazing equivalent to a minimum of 20 percent of the facade area. Ground floor facades in commercial zones fronting
the primary street shall have glazing equivalent to a minimum of 30 percent of the facade area.
(7) Accessory Dwelling Units. Any inclusion of an Accessory Dwelling Unit, or the future conversion of amenity space or parking area, including but not limited to recreation rooms, community
rooms, storage rooms, office, and fitness rooms, into a dwelling unit (including an Accessory Dwelling Unit) shall be provided as a covenanted affordable unit at affordability levels and terms equal
to the approved project.
(8) Stepbacks. For projects seeking a height increase of three stories, or more than 22 feet, the top story of the project shall be stepped back 10 feet from the exterior building face fronting any
public street; and for these projects consisting of buildings with 70 linear feet or greater in width along the front street frontage, the top story of the project shall be stepped back 10 feet from all
exterior building faces. Any portion of a building that is already set back 10 additional feet or more from required / allowed front, side and rear yards shall be exempt from these requirements.
Projects with any frontage on a street with a General Plan Mobility Element designation of Boulevard or Avenue shall be exempt from these requirements.
(9) Transitional Height. The building height limit shall be stepped-back at a 45 degree angle as measured from a horizontal plane originating 25 feet above grade at the property line of any
adjoining lot in the RW1 zone or more restrictive zone.
(e) Replacement Units and Occupant Protections.
(1) Determination of Protected Units. In determining the number of Protected Units contained on the site of the proposed development the Housing Department shall allow a minimum
Replacement Unit Determination response period of 30 days to ensure low-income tenants are able to successfully and accurately demonstrate their true household income. The Housing Department’s outreach to tenants shall consider tenants’ internet, computer access, and language needs, and whether in-person outreach is appropriate.
(2) Security Deposit. Returning tenants shall not be required to pay a security deposit greater than one half of their initial monthly rent, and shall be permitted to pay any required security deposit
up to 90 days after moving into their replacement unit.
(f) Labor Provisions. The applicant certifies that one of the following is true for the housing development project, as applicable:
(1) The entirety of the development project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the California Labor Code.
(2) The development has a project labor agreement.
(i) The labor provisions shall not apply to a contractor or subcontractor that is subject to a bona fide collective bargaining agreement that covers all construction workers and that provides
for the use of apprentices, wage and benefit contributions equal to or greater than the prevailing wage, and a grievance procedure.
(ii) The labor provisions shall not apply where the developer has entered into a pre-hire multi-trade collective bargaining agreement with one or more labor organizations that establishes
the terms and conditions of employment for a specific construction project.
(3) The development is over 85 feet in building height, as “building height” is defined in Section 91.202 of Chapter IX of this Code and its definitions adopted by reference, and is not in its
entirety a public work, and therefore shall be subject to the following:
(i) The project sponsor certifies to the lead agency that the work will be subject to a project labor agreement. The term “project labor agreement” has the same meaning as set forth in
paragraph (1) of subdivision (b) of Section 2500 of the California Public Contract Code.
(ii) Other Enforcement. The labor provisions and requirements of this subdivision may be enforced by a civil action against an employer brought by a joint labor management committee.
Furthermore, a joint labor management committee may refer ongoing investigations to the Bureau of Contract Administration (BCA) for local enforcement purposes under the purview of the
BCA.
(4) The development is no more than 85 feet in building height, as “building height” is defined in Section 91.202 of Chapter IX of this Code and its definitions adopted by reference, and therefore
shall not be subject to the additional labor provisions in this program.
(g) Labor Notification. Enforcement will include the Planning Department notifying the Bureau of Contract Administration’s Office of Wage Standard of the successful issuance of an approval through
this subdivision. The Office of Wage Standard will post on its website a list of all One Hundred Percent Affordable Housing Projects subject to the requirements of this subdivision and expeditiously respond to any complaints associated with labor standards. This will include Bureau of Contract Administration inspectors dedicated to these projects.
(h) Administrative Review Process. A One Hundred Percent Affordable Housing Project that elects to proceed according to this subdivision and meets the provisions of this subdivision, shall be:
ministerially approved pursuant to Administrative Review, as set forth by the provisions of Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code; shall not be subject to any hearing procedures within Expanded Administrative Review consistent with the intent of the program; and shall be subject to the following supplemental procedures. As defined in this section, ministerial approval means an administrative process to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i). No City agency shall require a discretionary permit process, but objective standards will be applied. The City shall not exercise any subjective judgment in deciding whether and how to carry out or approve the project. The project shall not be subject to review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code.
(1) Modification of Action. Modification may be allowed as permitted through Section 13B.3.2 (Expanded Administrative Review) of Chapter 1A of this Code.
(2) Eligibility for Development Incentives. Except as limited in Subparagraphs (3) and (4) of Section 12.22 A.40.(h) of this Code, a One Hundred Percent Affordable Housing Project approved pursuant to this subdivision may request any otherwise applicable density bonus, Incentives, or Waivers for which they are eligible, pursuant to California Government Code Section 65915 or other provisions of this Municipal Code that provide such bonuses, Incentives, or Waivers in exchange for the provision of affordable housing. Projects requesting a Density Bonus pursuant to Government Code Section 65915 and any local implementation of Government Code Section 65915, may request the five additional Incentives may request the five additional Incentives as an on-menu Incentive where the Incentive is listed on an applicable Incentive menu, or an off-menu Incentive where the Incentive is not listed on an applicable Incentive menu. Projects requesting a Density Bonus pursuant to Government Code Section 65915 and any local implementation of Government Code Section 65915, may apply as an on-menu Incentive any applicable Base or Additional Incentive from the Transit Oriented Communities Affordable Housing Incentive Program pursuant to Section 12.22 A.31., the Qualified Permanent Supportive Housing Ordinance pursuant to Section 14.00 A.13., or any Community Plan Implementation Overlay (CPIO). Any request for a density bonus, Incentive, or Waiver in exchange for affordable housing shall be reviewed according to the Administrative Review Process provided by this subdivision, except for projects pursuing Density Bonus that seek additional Incentives, or Waivers or modification of development standards not on the menu of any local implementation of Government Code Section 65915.
(3) Limitation on Number of Incentive and Waiver Requests. Projects seeking approval pursuant to this subdivision that are also seeking Density Bonuses pursuant to California Government
Code Section 65915, shall be eligible for no more than five on-menu or off-menu Incentives and one Waiver or modification of a development standard.
(4) Limitation on Types of Requests for Incentives, Waivers, or Modifications of Any Development Standard(s) Not on the Menu. For any projects approved pursuant to this subdivision that request any Incentives, Waivers, or modifications of any development standard(s) not on the menu described in California Government Code Section 65915 or any local implementation of
Government Code Section 65915, such requests shall be limited as follows:
(i) Increase in Height. A One Hundred Percent Affordable Housing Project located in a residential zone shall be eligible to request an off-menu Incentive or Waiver for no more than a
total project height increase of three stories, or 33 feet, in excess of the otherwise applicable height limit imposed by the project’s zoning.
(ii) Reduction in Open Space. A One Hundred Percent Affordable Housing Project located in any zone shall be eligible to request an off-menu Incentive or Waiver for no more than a 50
percent reduction or deviation in the otherwise required Open Space.
(iii) Reduction in Bicycle Parking. A One Hundred Percent Affordable Housing Project located in any zone shall be eligible to request an off-menu Incentive or Waiver for no more than a
50 percent reduction in the otherwise required bicycle parking.
(iv) Reduction in Tree Planting Requirements. A One Hundred Percent Affordable Housing Project located in any zone shall be eligible to request an off-menu Incentive or Waiver for
no more than a 25 percent reduction (or deviation) in any otherwise required tree planting requirements.
(v) Ground Story Requirements. A One Hundred Percent Affordable Housing Project located in a commercial zone shall be eligible to request an off-menu Incentive or Waiver for no
more than a 30 percent reduction in any otherwise required ground story requirement related to minimum height, nonresidential floor area, glazing and transparency, or pedestrian entrance number and spacing. If requesting multiple modifications to ground story requirements, they may be combined to count as one Incentive or Waiver, but each individual request shall not exceed a 30 percent reduction.
(5) Other Procedures or Requirements. If the application or related applications for a One Hundred Percent Affordable Housing Project would require noticing, hearing, or appeal pursuant to
any otherwise required approval pursuant to the Los Angeles Municipal Code, those procedures shall be superseded by the procedures outlined in this subdivision. All City departments are directed to process all plans for such One Hundred Percent Affordable Housing projects using the streamlined ministerial review process currently used for projects eligible under California Government Code Section 65913.4.
(6) Covenant. Prior to the issuance of a Building Permit for a One Hundred Percent Affordable Housing Project, a covenant acceptable to the Los Angeles Housing Department, consistent with the requirements in this subdivision and those requirements set forth in Section 16.61 of this Code, shall be recorded with the Los Angeles County Recorder. If the duration of affordability covenants
provided for in this subdivision differs from the duration of any other government requirement, the longest duration shall control. Any covenant described in this subparagraph must provide for a private right of enforcement by the City, any tenant, or owner of any building to which a covenant and agreement applies.
(7) Affordability Criteria. The affordable rents must either all be set to be affordable to Lower Income households with rents or housing costs that are affordable to Lower Income households, or at least 20 percent of all restricted affordable units in the project shall be set per California Health and Safety Code Section 50053, and affordable rents for the remaining units shall be set at an
amount consistent with the maximum rent levels for Lower Income households as determined by the California Tax Credit Allocation Committee. For for-sale units, the affordable housing costs are defined by California Health and Safety Code Section 50052.5.
(i) Relationship to Other Sections of the Los Angeles Municipal Code.
(1) If any of the Performance Standards in Paragraph (d) or Administrative Review Process in Paragraph (h) differ with those of any otherwise applicable Specific Plan, supplemental use district,
“Q” condition, “D” limitation, or citywide regulation established in Chapter 1 of this Code, including but not limited to the ordinance numbers listed below, this subdivision shall prevail. Furthermore, to the extent permitted by law, a One Hundred Percent Affordable Housing Project approved pursuant to this subdivision shall not require any procedures under any Specific Plan, Supplemental Use District, or other overlay, including but not limited to the ordinance numbers listed below.
(i) 171,139 (Alameda District Specific Plan) (ii) 174,663 (Avenue 57 Transit Oriented District) (iii) 182,576 (Bunker Hill Specific Plan) (iv) 156,122 (Century City North Specific Plan) (v) 186,370 (Century City West Specific Plan) (vi) 168,862 (Century City South Specific Plan) (vii) 170,046 (Coastal Bluffs Specific Plan) (viii) 186,105 (Coastal Transportation Corridor Specific Plan) (ix) 185,042 (Coliseum District Specific Plan) (x) 178,098 (Colorado Boulevard Specific Plan) (xi) 182,617 (Cornfield Arroyo Seco Specific Plan) (xii) 184,795 (Crenshaw Corridor Specific Plan) (xiii) 168,937 (Devonshire/Topanga Corridor Specific Plan)
(xiv) 186,402 (Exposition Corridor Transit Neighborhood Plan) (xv) 170,694 (Foothill Boulevard Corridor Specific Plan) (xvi) 171,946 (Glencoe/Maxella Specific Plan) (xvii) 184,296 (Granada Hills Specific Plan) (xviii) 168,121 (Hollywoodland Specific Plan) (xix) 184,346 (Jordan Downs Urban Village Specific Plan) (xx) 167,940 (Los Angeles Airport/El Segundo Dunes Specific Plan) (xxi) 181,334 (Los Angeles Sports and Entertainment District Specific Plan) (xxii) 168,707 (Mt. Washington/Glassell Park Specific Plan) (xxiii) 167,943 (Mulholland Scenic Parkway Specific Plan) (xxiv) 171,128 and 158,194 (North University Park Specific Plan) (xxv) 163,202 (North Westwood Village Specific Plan) (xxvi) 170,155 (Oxford Triangle Specific Plan) (xxvii) 184,371 (Pacific Palisades Commercial Village and Neighborhood Specific Plan) (xxviii) 162,530 (Park Mile Specific Plan) (xxix) 165,638 (Playa Vista Area B Specific Plan)
(xxx) 165,639 (Playa Vista Area C Specific Plan) (xxxi) 176,235 (Playa Vista Area D Specific Plan) (xxxii) 182,937 and 182,939 (Ponte Vista at San Pedro Specific Plan) (xxxiii) 180,083 (Porter Ranch Land Use / Transportation Specific Plan) (xxxiv) 186,325 (Redevelopment Plans) (xxxv) 175,736 (San Gabriel / Verdugo Mountains Scenic Preservation Specific Plan) (xxxvi) 166,352 (San Pedro Specific Plan) (xxxvii) 173,381 (San Vicente Scenic Corridor Specific Plan) (xxxviii) 182,343 (University of Southern California University Park Campus Specific Plan) (xxxix) 168,613 (Valley Village Specific Plan) (xl) 175,693 (Venice Coastal Zone Specific Plan) (xli) 174,052 (Ventura-Cahuenga Boulevard Corridor Specific Plan) (xlii) 173,749 (Vermont / Western Transit Oriented District Specific Plan (Station Neighborhood Area Plan) (xliii) 182,766 (Warner Center 2035 Plan) (xliv) 163,203 and 163,186 (Westwood Community Multi-Family Specific Plan) (xlv) 187,644 (Westwood Village Specific Plan, Westwood Community Design Review Board Specific Plan) (xlvi) 155,044 (Wilshire - Westwood Scenic Corridor Specific Plan) (xlvii) 185,539 (San Pedro CPIO District) (xlviii) 185,927 (South Los Angeles CPIO District) (xlix) 185,925 (Southeast Los Angeles CPIO District) (l) 184,268 (Sylmar CPIO District) (li) 184,794 (West Adams-Baldwin Hills-Leimert CPIO District) (lii) 187,155 (Westchester - Playa del Rey CPIO District (liii) 180,871 (Broadway Theater and Entertainment District Design Guide) (liv) 174,519 (Canoga Park-Commercial Corridor CDO District) (lv) 108,561 (Cypress Park & Glassell Park CDO) (lvi) 173,508 (Downtown Canoga Park CDO District) (lvii) 179,907 (Downtown Westchester CDO District) (lviii) 180,880 (Echo Park CDO District) (lix) 178,157 (Fletcher Square CDO District) (lx) 179,906 (Lincoln Boulevard CDO District) (lxi) 176,658 (Lincoln Heights CDO District) (lxii) 183,011 (Little Tokyo CDO District) (lxiii) 180,797 (Loyola Village CDO District) (lxiv) 176,331 (Miracle Mile CDO District) (lxv) 175,545 (Pacoima CDO District) (lxvi) 175,549 (Panorama City CDO) (lxvii) 176,557 (Reseda Central Business District CDO District) (lxviii) 174,398 (Sun Valley CDO District) (lxix) 184,366 (Toluca Lake Village CDO) (lxx) 174,420 (Van Nuys Central Business District CDO District) (lxxi) 174,161 (West Wilshire Boulevard CDO District) (lxxii) 173,676 (Atwater Village POD) (lxxiii) 171,859 (Westwood/Pico NOD) (lxxiv) 174,260 (Westwood Boulevard POD)
(2) Any subdivision request for the lot or lots included in a project site shall not be streamlined, and shall be subject to all applicable review procedures and laws, including, Division 13B.7
(Division of Land) of Chapter 1A of this Code. Other types of entitlements for the project may be reviewed pursuant to this subdivision as specified.
(3) A non-residential use that is not permitted by-right by the zoning, a non-residential use requiring a conditional use permit, a Recreational Vehicle Park, and any transient-occupancy use where
unit occupancy is allowed for a period of 30 consecutive days or less, is not eligible for Administrative Review pursuant to this subdivision and shall be subject to applicable review procedures and laws.
B. (None)
C. AREA.
Building Lines – Where a Building Line or Setback Line has been established by ordinance, the space between such Building or Setback Line and the front or side lot line may be used as the front or side yard, as the case may be, in lieu of the front or side yard required by this article.
Side Yard Waived for First Story Garage – Where a residential building is more than two stories or 28 feet in height and the first story is designed and used solely for automobile parking or other accessory purpose, the required side yard need not be increased in width for said first story; provided that the floor surface above such story is not more than seven feet above the adjacent ground elevation at any point, except that the floor surface may be eight feet above the adjacent ground elevation at the exits and entrances to the automobile parking area. (Added by Ord. No. 109,714, Eff. 8/26/57.)
Incentives to Produce Housing in the Greater Downtown Housing Incentive Area. (Amended by Ord. No. 179,076, Eff. 9/23/07.) Notwithstanding any other provision of this chapter to the contrary, for lots in the R4, RAS4, R5, CR, C2, C4, and C5 zones in the Greater Downtown Housing Incentive Area, the following shall apply:
(a) No yard requirements shall apply except as required by the Downtown Design Guide as approved by the City Planning Commission. The Director of Planning or the Director's designee shall stamp
and sign the plans showing the required yards. The applicant shall submit the stamped and signed plans to the Department of Building and Safety along with the plans submitted for a building permit. (Amended by Ord. No. 186,325, Eff. 11/11/19.)
(b) For the purpose of calculating the buildable area for residential (including Apartment Hotel or mixed-use) buildings, the buildable area shall be the same as the lot area.
(c) The maximum number of dwelling units or guest rooms permitted shall not be limited by the lot area provisions of this chapter so long as the total floor area utilized by guest rooms does not exceed the total floor area utilized by dwelling units.
(d) Notwithstanding the provisions of Section 12.21 G.2. of this Code to the contrary, there shall be no prescribed percentage of the required open space that must be provided as either common open space or private open space.
(Repealed by Ord. No. 181,076, Eff. 3/28/10.)
(Repealed by Ord. No. 181,076, Eff. 3/28/10.)
Front Yard – Sloping Lot – Where the elevation of the ground at a point fifty (50) feet from the front lot line of a lot and midway between the side lot lines differs ten (10) feet or more from the curb level, the front yard need not exceed fifty (50) percent of that required in the zone.
(None)
Front Yard – Unit Development – Where all the lots in a frontage in an “R” Zone are developed as a unit with one-family dwellings, the required front yard may be reduced by not more than five feet on part of the lots, provided the average of the front yard depth for the entire frontage is not less than the minimum front yard required in the zone in which the property is located.
Side Yards Reduced – Where all the lots in a frontage are developed as a unit with residential buildings, the required side yard may be reduced on one side of each lot, provided that:
(a) The total combined width of the side yards on each lot is not less than the sum of the widths of the side yards required in the zone in which the property is located; and
(b) The buildings are so located that the narrow side yard on one lot adjoins the wide side yard on the adjoining lot; and
(c) No side yard is less than three feet in width for buildings two stories or less in height, nor less than three feet in width, plus the increased width for additional stories above two stories where required
by the area regulations of the zone in which the property is located. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
Where lots comprising 50% or more of a frontage are developed with buildings having varying side yards conforming to the above regulations, or where all the lots in a frontage have deed restrictions requiring such varying side yards, all the lots in such frontage may be developed in the same manner.
Rear Yard – Includes One-Half Alley. Except in the RS, R1, RU, RZ, RMP, and R2 Zones, in computing the depth of a rear yard where the rear yard opens onto an alley or in the RW Zone onto a court of not more than 30 feet in width, one-half the width of the alley or court may be assumed to be a portion of the required rear yard. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
Rear Yard – Includes Loading Space – Loading space provided in accordance with this article may occupy a required rear yard or portion thereof but in no case shall any portion of a street or alley be counted as part of the required loading space.
Accessory Buildings in Yards. Accessory buildings may be located in a required yard in conformance with the provisions of Section 12.21 C.5. (Amended by Ord. No. 125,278, Eff. 9/16/63.)
Lots Affected by Acquisitions for Public Use. (Amended by Ord. No. 144,536, Eff. 5/3/73.) Where a building or structure is located upon a lot portion of which is acquired for any public use, (by condemnation, purchase, dedication, or otherwise) by any governmental entity, or if all or a part of a separate off-street automobile parking area serving such building or structure is acquired for public use, such building or structure may be maintained, and may thereafter be used, maintained or repaired without relocating or altering the same to comply with the area regulations or off-street automobile parking requirements of this article. Further, if such building or structure is partially located upon the area being acquired for public use, it may be relocated upon the same lot or premises or remodeled or reconstructed without observing the required yard space adjacent to the new lot line created by such acquisition, and without reducing the number of dwelling units to conform to the area regulations of the zone in which it is located and without observing the off-street automobile parking requirements of this article. The exemptions provided in this paragraph permit compliance only to the extent that such non-compliance is caused by an acquisition for public use.
If only a portion of an existing building or structure is acquired for public use, the repair, remodeling or reconstruction of the remainder of said building or structure which was made necessary by said acquisition, shall conform to the provisions of the building code. Any portion of the building or structure which is not required to be repaired, remodeled or reconstructed by reason of said acquisition shall not be required to be made to conform to the provisions of the building code, unless it would otherwise be required to conform thereto independently of and in the absence of said acquisition of only a portion of the building or structure.
If a lot resulting from the acquisition of all or a portion of a parcel for public use does not comply with the area requirements of the zone in which it is located, or if a legally existing nonconforming lot is further reduced in size because of such acquisition, said lot may be utilized and a building permit shall be issued for any purpose permitted in the zone, so long as the lot is not smaller in size or width than one-half (1/2) of the minimum area or width required for the zone. (Amended by Ord. No. 150,362, Eff. 1/13/78.)
(None)
(None)
Lot Area – Includes One-Half Alley. In computing the number of dwelling units allowed by the minimum lot area per dwelling unit requirements of this article on a lot abutting upon one or more alleys, one-half the width of such alley or alleys may be assumed to be a portion of the lot. (Added by Ord. No. 121,925, Eff. 6/4/62.)
Lot Area Acreage – Includes One-Half Street. In computing the lot area of a lot in the A1 and A2 Zones, that portion of the width of all abutting streets or highways, which would normally revert to the lot if the street were vacated, may be assumed to be a portion of the lot. (Amended By Ord. No. 133,218, Eff. 11/19/66.)
Lot Area in Hillside Subdivisions – On land located within an RA or RE Zone and also within the “H” Hillside or mountainous area, there may be lots having less than the minimum lot area specified within said zones and there may be a single-family dwelling on each lot if the lot is shown with a separate letter or lot number on a recorded Subdivision Tract Map or Parcel Map. (Amended By Ord. No. 139,736, Eff. 1/31/70.)
Through Lot – May Be Two Building Site – Where a through lot has a depth of 150 feet or more, each half of the lot may be improved as though it is a separate lot, with the rear line of each approximately equidistant from the front lot lines. The location of all buildings and the number of dwelling units therein shall comply with the requirements of the zone in which the through lot is located, except that in any case there may be at least one single-family dwelling on each half. (Amended By Ord. No 116,389, Eff. 6/29/60.)
The provisions of this subdivision shall not apply to lots in the RE Zone, or to lots in any zone that are also within the “H” Hillside or Mountainous Area. (Amended by Ord. No. 127,777, Eff. 8/1/64.)
- Projections Into Yards.
(a) A canopy above an entrance and extending over a driveway which leads to a detached garage or a parking space not abutting a dwelling, for the temporary shelter of automobiles, commonly referred to as a porte cochere, may project into a required side yard, but not nearer than 30 in to any lot line, provided such structure is not more than one story in height and 20 feet in length, and is entirely open on at least three sides except for the necessary supporting columns and customary architectural features. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(b) Cornices, belt courses, sills, or other similar architectural features (not including bay windows or vertical projections), may project into a required side yard, other than the side yard adjoining the
street lot line of a corner lot, not more than two inches for each one foot of width of such yard, and may project into a required front yard, rear yard, side yard adjoining the street lot line of a corner lot, passageway, or other open space not more than 30 inches, except as provided in Section 12.08.5 C.1.(c), provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than three feet. Eaves may project into a required side yard, other than the side yard adjoining the street lot line of a corner lot, not more than four inches for each one foot of width of such side yard, provided the width of such side yard is not reduced to less than two and one-half feet. Eaves may also project into a required front yard, rear yard, side yard adjoining the street lot line of a corner lot, passageway, or other open space not more than 30 inches, provided the width of a side yard adjoining the street lot line of a corner lot is not reduced to less than two and one-half feet. Chimneys may project into a required passageway not more than one foot and may project into a required front yard, rear yard, side yard, or other required open space, except as provided in Section 12.08.5 C.1.(c), not more than two feet, provided the width of any required side yard is not reduced to less than three feet. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(c) Fire escapes may extend or project into any front, side or rear yard not more than four (4) feet.
(d) (Amended by Ord. No. 138,685, Eff. 7/10/69.) Except in an RW Zone, where a required passage may not be reduced in any manner, open, unenclosed stairways or balconies, not covered by a roof or
canopy, may extend or project into a required rear yard not more than four feet, and such balconies may extend into a required front yard, passageway, other open space, or the side yard adjoining the street lot line of a corner lot, not more than 30 inches, provided the width of a side yard adjoining the street lot line or a corner lot is not reduced to less than 30 inches.
(e) Open, unenclosed porches, platforms, or landing places (including access stairways thereto) not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may
extend or project into the required front yard, side yard, rear yard, passageway, or other open space, not more than six feet, provided that in no event shall any such porch, platform or landing space be more than six feet above the natural ground level adjacent thereto. (Amended by Ord. No. 138,685, Eff. 7/10/69.)
(f) Fences and Walls in the A and R Zones. (Amended by Ord. No. 154,798, Eff. 2/20/81.)
(1) Fences and Walls. For the purposes of Article 2 through 6 of this chapter, the terms “fence” and “wall” shall include latticework, ornamental fences, screen walls, hedges or thick growths of
shrubs or trees. Fence and wall height shall be measured from the natural ground level adjacent thereto.
(2) Front Yards. (Amended by Ord. No. 173,754, Eff. 3/5/01.) In the R Zones, fences, walls, and landscape architectural features of guard railing around depressed ramps, not more than three
and one-half feet in height above the natural ground level adjacent to the feature, railing or ramp, may be located and maintained in any required front yard. In the A Zones (including the RA Zone), a fence or wall not more than six feet in height may be located and maintained in the required front yard. In both the A and R Zones, a fence or wall not more than eight feet in height may be located and maintained in the required front yard when authorized by a Zoning Administrator pursuant to Section 12.24 X.7.
In both the A and R zones, an unobstructed chainlink fence not more than ten feet in height may be located and maintained in all yards when required by the Department of Building and Safety pursuant to the provisions of Sections 91.3303 and 91.6103 and Division 89 of Article 1 of Chapter IX of this Code.
(3) Side Yards, Rear Yards and Other Spaces. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A fence or wall not more than eight feet in height may be located and maintained within the
required side yard, rear yard or other open space of any lot in an RW Zone and within the required side yard, rear yard or other open space of a lot within any other A or R zone which is 40 feet or
more in width, provided the lot is not located within the boundary of a “Hillside Area”, as defined in Section 91.7003 of this Code.
A fence or wall not more than six feet in height may be located and maintained within the required side yard, rear yard or other open space of any lot in an A or R Zone, other than an RW Zone, which is less than 40 feet in width or which is located within the boundary of a “Hillside Area”, as defined in Section 91.7003 of this Code, except that in either case a fence or wall not more than eight feet in height may be located in the yards or other open space when authorized by a Zoning Administrator pursuant to Section 12.21 A.2.
In the A Zones (including the RA Zone), a fence or wall not more than eight feet in height may be located on the side street lot line of any reversed corner lot; provided, however, that if the lot is located within the boundary of a “Hillside Area”, as defined in Section 91.7003, the fence or wall shall not exceed six feet in height.
In the R Zones, other than the RW Zones, a fence or wall located within five feet of the side street lot line of a reversed corner lot may not exceed three and one- half feet in height. In the RW
Zones, a fence or wall located within three feet of the side street lot line of either a corner lot or a reversed corner lot may not exceed three and one-half feet in height.
(4) Access Ways. Access ways shall be maintained in accordance with the provisions of Section 12.22 C.20.(1).
(5) Maintenance of Fences and Walls. Fences shall be maintained in accordance with the provisions of Section 12.21 A.9.
(6) Masonry and Concrete Walls. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A masonry or concrete fence or wall over three and one-half feet in height shall be built in accordance with the provisions of Section 91.106.1 of this Code.
(7) Fences and Walls Enclosing Parking Areas. Fences and walls enclosing parking areas shall be provided in accordance with the provisions of Section 12.21 A.6.
(8) Fences and Walls Around Pools. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A fence or wall not exceeding four and one-half feet in height, as required by Section 91.6109 of this
Code, may be erected and maintained to enclose a swimming pool, fish pond or other body of water existing in a required yard prior to June 1, 1956.
(9) Fences and Walls Around Schools. An open mesh type fence to enclose an elementary or high school site may be located and maintained in any required yard.
(10) Fences and Walls Around Tennis Courts. The provisions of Section 12.20 C.20.(m) shall control with respect to tennis court fences.
(11) Fences and Walls at Street Intersections. Fences and Walls at street intersections shall comply with the provisions of 62.200 of this Code.
(g) (None)
(h) A one-story covered passageway, commonly referred to as a breezeway, not over five feet in width, extending from a main residential building to a private garage or other accessory building may be erected and maintained in a required rear yard. Such passageway shall be located not less than five feet from all lot lines and shall be unenclosed, except that on a corner lot there may be a wall or fence not over six feet in height along the street side of such passageway.
(i) Landscape features such as trees, shrubs, flowers or plants, shall be permitted in any required front, side, or rear yard, passageway or other open space, provided that they do not produce a hedge effect
contrary to the provisions of Paragraphs (f) and (g) above. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(j) Name plates, signs, and advertising matter, as permitted by this article, may be located in any required front yard, side yard, rear yard, passageway or other open space; provided that the total area of all
identification signs in any required yard, shall not exceed 12 square feet, and any sign appertaining to the sale of farm products raised or produced on the premises shall be located at least ten feet from any side lot line. (Amended by Ord. No. 107,884, Eff. 9/23/56.)
(k) Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a Group R or Group H Occupancy, provided that: such awnings or canopies do not extend more than four feet into a required front yard or building line space at the front of a lot, and have no vertical support within said yard or space; such awnings or canopies do not extend more than 30 inches into a required side yard, rear yard, building line space at the side of a lot, passageway or other open space, but in no event nearer than 30 inches to an interior lot line; and where such awnings or canopies project into a required front or side yard, passageway or other open space, they may extend only over the windows or doors to be protected and for 12 inches on each side thereof. (Amended by Ord. No. 121,925, Eff. 6/4/62.)
(l) Notwithstanding the provisions of this subdivision, no architectural feature, fire escape, porch, balcony, or other projection permitted in a yard, passageway or other open space, shall be located and
maintained so as to preclude complete access about and on each side of and in close proximity to main buildings and accessory living quarters at all times. Where a fence or wall is provided or maintained, a gate or other suitable opening at least two and one-half feet in width shall be deemed adequate for access through said fence or wall; provided further that where such fence or wall is located adjacent to an alley and is over six feet in height, adequate access shall be provided through such wall or fence onto the adjacent alley. At least five feet of clear and open space shall be maintained between any two main buildings, including the projections, on any one lot. (Amended by Ord. No. 154,798, Eff. 2/20/81.)
(m) (Added by Ord. No. 151,466, Eff. 10/27/78.) Tennis or paddle tennis courts, including fences and light which are accessory to a primary residential use on the same lot in the A or R Zones may extend into a portion of the required rear yard of such lot if such court and its appurtenances meet all of the following conditions:
(i) The court surface is not more than 2 feet above the natural adjacent grade at any point.
(ii) The court is enclosed with a fence no higher than 10 feet above the court surface and all portions of such fence above a height of six feet are an open chain link type fence.
(iii) Any light standards and fixtures are no higher than 20 feet above the court surface.
(iv) The court is located a distance from the rear lot line at least equal to the width of the side yard required for a one- story main building in the zone but in no event less than 5 feet.
Lot Widths and Yard Requirements for RE15–H Zones. Lot widths and yard area requirements for the R1 Zone shall apply to lots in the RE15–H Zone if said lots are shown as numbered lots on a tentative subdivision tract map or parcel map approved by the Advisory Agency or the Director of Planning for the City of Los Angeles prior to January 1, 1967 and recorded in the Office of the Los Angeles County Recorder prior to July 1, 1967. (Added by Ord. No. 134,673, Eff. 7/31/67.)
Width and Area Flag Lots in Mountainous Areas. Where a flag lot is situated in the “H” Hillside or the Very High Fire Hazard Severity Zone pursuant to Section 57.4908 of the Municipal Code, the lot width may be calculated by measuring the width of the main buildable portion of said flag lot on a straight line parallel to the general direction of the frontage street and midway between the rear and front lines of the main buildable portion of the flag lot provided, however, that the main buildable portion contains the lot width and not less than 90% of the lot area required for lots in the zone classification in which the flag lot is situated, said lot area to be calculated exclusive of the area contained within the access strip portion of the flag lot. (Amended by Ord. No. 176,943, Eff. 10/5/05.)
(Repealed by Ord. No. 164,145, Eff. 12/8/88.)
Zero Side Yard Lots – Remain Separate Lots. If several lots are developed with building crossing lot lines, as permitted by Section 12.08.3 B.1. of this Code, they shall remain separate lots, notwithstanding such construction across the lot lines. (Added by Ord. No. 159,532, Eff. 1/3/85.)
Zero Side and Rear Yard Development in Multiple Residential Zones. In the R2, RD, R3, RAS3, R4, RAS4, and R5 Zones, lots may be developed with either attached dwellings crossing lot lines or detached dwellings not crossing lot lines. These dwellings may contain one dwelling unit on a lot and may observe the lot width, yard, passageway and other requirements for development in the RZ Zone. Every lot so developed shall have a minimum lot area of 2,500 square feet. No lots may be developed in accordance with this subdivision unless the lots and uses are approved in connection with a preliminary parcel map, tentative tract map or modification approved subsequent to January 1, 1985. Development so approved shall meet the density requirement of the zone in which the lots are located. (Amended by Ord. No. 174,999, Eff. 1/15/03.)
Yards Required for Historically Significant Buildings. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, in connection with any change of use in an historically significant building, the yards required shall be the same as the yards observed by the existing structures on the site. An historically significant building is defined as a structure that is designated on the National Register of Historic Places, including Contributing Buildings in National Register Historic Districts, the California Register of Historical Resources, the City of Los Angeles List of Historic-Cultural Monuments, or a Contributing Structure in an Historic Preservation Overlay Zone (HPOZ) established pursuant to Div. 13B.8. (Historic Preservation) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Small Lot Subdivision. (Amended by Ord. No. 185,462, Eff. 4/18/18.) The purpose of this provision is to create alternative fee-simple home ownership within the multi-family and commercial zones. A small lot subdivision shall be permitted in the RD, R3, R4, R5, RAS and the P and C zones pursuant to an approved tract or parcel map. A subdivision for the purposes of small lots enables the construction of new small lot homes and provides opportunities for the preservation of existing residential dwelling units located on a single lot to be rehabilitated as for-sale dwellings on individual small lots.
(a) Construction of New Small Lots. Notwithstanding any provisions of this Code relating to minimum lot area, in the RD, R3, R4, R5, RAS and the P and C zones, parcels of land may be subdivided
into lots which may contain one, two or three dwelling units, provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for each zone, or, in the case of a P zone, the density of the subdivision shall comply with the minimum lot area per dwelling unit of the least restrictive abutting commercial or multi- family residential zone(s).
(1) A parcel map or tract map, pursuant to Section 17.00 et seq. of this Code, shall be required for the creation of a small lot subdivision. The parcel map or vesting tentative tract map must
comply with the Advisory Agency Small Lot Map Standards; and
(2) For small lot subdivision projects, no demolition, grading, building permit or certificate of occupancy shall be issued unless the Director of Planning has reviewed the application, pursuant to Sec. 13B.3.1. (Administrative Review) of Chapter 1A of this Code, and determined that the small lot subdivision project complies with the City Planning Commission’s Small Lot Design Standards.
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(i) The Director shall establish guidelines, requirements, and forms as may be necessary to conduct the review of the administrative clearance to determine conformance with the Small Lot
Design Standards.
(ii) The application for this administrative clearance shall be filed concurrent with the tract or parcel map application and at any time a subsequent alteration or addition is proposed.
(iii) As a condition of approval, all small lot subdivisions shall be required to conform to the plans approved by the Director of Planning.
(3) The minimum lot width shall be 18 feet and the minimum lot area shall be 600 square feet. The Advisory Agency shall designate the location of front yards in the subdivision tract or parcel
map approval.
(4) Access shall be provided to a lot containing a dwelling unit and to its required parking spaces, pursuant to Section 12.21 A.4.(a) by way of a public or private street, an alley, or an access
easement.
(5) The lot area coverage by all structures shall not exceed 75% of an approved small lot, unless the tract or parcel map provides an open space easement equivalent to 25% of the lot area of each lot not meeting this provision.
(6) No front, side, or rear yard shall be required between interior lot lines created within an approved small lot subdivision.
(7) The provisions of the front yard of the underlying zone shall apply to the Front Lot Line of the perimeter of the subdivision.
(8) The following shall apply to the perimeter of the subdivision:
(i) For any subdivision that shares a property line with an R1 or more restrictive single family zone, the provisions of the front yard, side yard and rear yard of the underlying zone shall
apply. A minimum five-foot side yard shall be required.
(ii) For any subdivision that does not share a property line with an R1 or more restrictive single family zone, the following shall apply:
a. A minimum five-foot yard shall be required along the Side Lot Line of the perimeter of the subdivision; and
b. A minimum ten-foot yard shall be required along the Rear Lot Line of the perimeter of the subdivision, except that where the Rear Lot Line abuts an alley a minimum five-foot rear yard shall be required along the perimeter of the subdivision.
(9) No passageway pursuant to Section 12.21 C.2. of this Code shall be required.
(10) In a P zone, lots may be developed as a small lot subdivision, provided that the General Plan land use designation of the lot is “commercial” or “multiple family residential”.
(11) A dwelling unit in a small lot subdivision shall not be required to comply with Paragraphs (a), (b), and (f) of Section 12.21 A.17. of this Code.
(12) Fences and walls within the yard setback areas adjacent to a public right-of- way, except alleys, and along the perimeter of the proposed subdivision shall be no more than three and one-half feet in height in accordance with Section 12.22 C.20. of this Code. Fences and walls within the yard setback areas along the perimeter, not adjacent to the public right-of-way, of the proposed
subdivision shall be no more than six feet in height in accordance with Section 12.22 C.20. of this Code.
(13) Lots created within a small lot subdivision are exempt from the “frontage” requirement as defined in the definition of “Lot” pursuant to Section 12.03.
(b) Small Lot Subdivisions of Existing Dwelling Units. The purpose of this Subsection is to further facilitate fee-simple home ownership opportunities through the preservation of existing housing
within the City.
Existing Group Dwellings, Bungalow Courts, and detached single, duplex, and triplex dwelling structures maintained under a single ownership with an original building permit issued more than 45 years prior to the date of submittal of the application for subdivision, or where information submitted with the subdivision application indicates that the building(s) is/are more than 45 years old
based on the date the application is submitted may be subdivided into small lots and shall comply with Subparagraphs (1), (2) (4), and (9) through (13) of Paragraph (a) of this Subdivision. All existing structures shall be legally constructed with an issued building permit or Certificate of Occupancy.
(1) Notwithstanding any provisions of this Code relating to minimum lot area to the contrary, in the RD, R3, R4, R5, RAS and the P and C zones, parcels of land may be subdivided into lots
which may contain one, two or three dwelling units, provided that the density of the subdivision complies with the minimum lot area per dwelling unit requirement established for each zone, or in the case of a P zone, the density of the subdivision shall comply with the minimum lot area per dwelling unit of the least restrictive abutting commercial or multi- family residential zone(s). Bungalow courts and existing structures that are nonconforming as to use, density, yards, or parking may be subdivided provided that the subdivision does not further increase the density nor reduce the yards, and that existing required parking be maintained, respectively.
(2) A nonconforming building, structure, or improvements may be maintained or repaired or structurally altered provided it conforms to Section 12.23 A. of this Code. However, alterations to existing structures shall also be in conformance with the “Bungalow Court and Existing Structure” Small Lot Design Standards adopted by the City Planning Commission.
(3) All existing dwellings shall provide parking as required on each dwelling’s most recently issued permit. No additional parking is required.
(4) All new dwellings added to the small lot subdivisions of existing dwelling units shall be subject to subparagraphs (1) through (13) of Paragraph (a) of this Subdivision, including current
setback requirements, parking, and applicable Small Lot Design Standards.
(c) Exceptions. The provisions of this section do not apply to any of the following projects, which shall comply with the regulations in effect prior to the effective date of this ordinance, as applicable:
(1) Any small lot subdivision entitlement application filed and accepted and deemed complete prior to the effective date of this ordinance as determined by the Department of City Planning.
(2) Any project for which the City has approved a small lot subdivision discretionary land use entitlement as of the effective date of this ordinance, but that has not yet submitted plans and
appropriate fees to the Department of Building and Safety for plan check, as determined by the Department of City Planning.
Minimum Density in the RD2, RD1.5, R3, RAS3, R4, RAS4, R5, C1, C1.5, C2, C4, C5 and CM Zones. (Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25.) In the RD2, RD1.5, R3, RAS3, R4, RAS4, R5, C1, C1.5, C2, C4, C5 and CM Zones, the minimum density requirements of these zones shall not apply to the following types of development projects or lots, unless located on a site that is designated as a Lower Income Rezoning Housing Element Site:
(a) An addition, remodel or rehabilitation that results in 1,500 square feet or less of net new Floor Area and that results in no demolition of an existing Dwelling Unit(s);
(b) A project where the only new Dwelling Unit(s) added to the parcel is an Accessory Dwelling Unit(s);
(c) A project to reconstruct an Existing Dwelling Unit that has been damaged by a disaster or is deemed unsafe by LADBS and that results in no increase to the amount of Floor Area in the prior building
or buildings;
(d) A development located on any of the environmentally sensitive sites specified in subparagraphs (B) to (K) of California Government Code Section 65913.4(a)(6), including a Very High Fire Hazard
Severity Zone, regardless of any mitigation;
(e) Lots where at least 60% of the Lot is composed of a Slope(s) that is 30% or greater, as determined by a Slope Analysis Map prepared in accordance with LAMC Section 12.21 C.10.(b)(1).
(f) A lot that is designated as parks or open space in any plan or zoning designation;
(g) A lot that contains a Designated Historic Resource; or
(h) A lot that cannot achieve the minimum density requirement due to any objective provision in the Los Angeles Municipal Code that physically precludes the construction of a development, as
determined by the Los Angeles Department of Building and Safety, or due to any provision of a Specific Plan, Q, T, or D Condition, or a Community Plan Implementation Overlay.
SEC. 12.22.1. CITY OF LOS ANGELES SAFER FILMING ORDINANCE.¶
(Title and Section Amended by Ord. No. 182,607, Eff. 8/6/13.)
(A) Short Title. This ordinance shall be known as the City of Los Angeles Safer Sex in the Adult Film Industry Act.
(B) Use of Condoms in the Making of Films Involving Exposure to Blood Borne Pathogens.
(1) For purposes of this Section, an “Adult Film” is defined as any film, video, multimedia or other representation made for commercial purposes of sexual intercourse in which performers actually engage in oral, vaginal, or anal penetration, including but not limited to, penetration by a penis, finger, or inanimate object; oral contact with the anus or genitals of another performer; and/or any other sexual activity that may
result in the transmission of blood and/or any other potentially infectious materials as defined in California Code of Regulations, Title 8, Section 5193(b).
(2) For purposes of this Section, “Producer” is defined as any person or entity that produces, finances, or directs any Adult Film.
(3) For purposes of this Section, “Filmed” and “Filming” are defined as the recording of any Adult Film.
(4) No film permit issued under the authority of the City of Los Angeles or the Los Angeles Police Department pursuant to Section 12.22 A.13. of this Code or any other law authorizing the issuance of permits for commercial filming for the production of any Adult Film shall issue unless the Producer of such film provides proof of a public health permit obtained pursuant to Title 11 of Los Angeles County Code, Sections 11.39.005, et al.
(5) Any film permit issued under the authority of the City of Los Angeles or the Los Angeles Police Department pursuant to Section 12.22 A.13. of this Code or any other law authorizing the issuance of permits for commercial filming for the production of any film must expressly condition said permit on compliance with subsection (4) of this section. Any such permit shall reference this Section and contain the following language: “Permittee must abide by all applicable workplace health and safety regulations, including California Code of Regulations Title 8, Section 5193, which mandates barrier protection, including condoms, to shield performers from contact with blood or other potentially infectious material during the production of films.”
(6) The City may charge, or may direct any other person or entity contracting with the City to administer the film permitting process to charge, entertainment industry customers seeking film permits for the production of adult films a fee sufficient to facilitate compliance with, and enforcement of, this section.
SEC. 12.23. NONCONFORMING BUILDING AND USES.¶
A building or structure with a nonconforming use and a nonconforming building or structure may be maintained, repaired or structurally altered and a nonconforming use may be maintained provided the building or use conformed to the requirements of the zone and any other land use regulations at the time it was built or established, except as otherwise provided in this section. (Added by Ord. No. 178,599, Eff. 5/26/07.)
A. Buildings with Nonconforming Area, Height, Encroachment Plane, Yards or Lot Coverage Regulations. (Amended by Ord. No. 184,802, Eff. 3/17/17.)
1. Buildings Nonconforming as to Area or Yard Regulations. A building, nonconforming as to area or yard regulations, may be repaired, altered, or internally remodeled, provided at least 50 percent of the
perimeter length of the existing nonconforming portion of the exterior walls of the building are retained. It may be expanded in floor area provided the expansion conforms to the requirements of this Code, subject
to the following provisions:
(a) a building, nonconforming only as to yard regulations, may be added to or enlarged in any manner provided:
(i) any addition or enlargement that is located in the required yard that is nonconforming does not encroach into any portion of that required yard to a greater extent than the existing
nonconforming building encroaches; and
(ii) in no event shall any addition or enlargement reduce the width of a side yard or the depth of a front or rear yard to less than 50 percent of that required by the current yard regulations of the
zone and other applicable current land use regulations; and
(iii) the total of all additions or enlargements, made since the building became nonconforming as to yard regulations, which encroach into any required yard, shall not exceed in height or length the
height or length of that portion of the adjoining nonconforming building that extends into the same required yard.
(iv) Notwithstanding Sub- subparagraphs (i), (ii) and (iii) of this Sub- paragraph, a building nonconforming as to the Yard regulations on properties zoned RA, RE, RS and R1, not including
properties in the Coastal Zone which are not located in a Hillside Area as defined in Section 12.03 of this Code, shall not be added to or enlarged in any manner unless the addition or enlargement
conforms to all the current regulations of the zone and other applicable current land use regulations, except as may be approved or permitted pursuant to a discretionary approval as that term is
defined in Section 16.05 B. of this Code.
(b) A residential building, nonconforming as to the area regulations (density), in the OS, A, R, P, PB, C or PF Zones, may be enlarged, provided that the enlargement does not create any additional
dwelling units or guest rooms.
(c) Notwithstanding Paragraphs (a) and (b) above and Subdivision 2. of this Subsection, a building, nonconforming as to the Residential Floor Area regulations on properties zoned RA, RE, RS and R1, not including properties in the Coastal Zone which are not located in a Hillside Area, as defined in Section 12.03 of this Code, shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all the current regulations of the zone and other applicable current land use regulations, except as permitted by Section 12.21 C.10.(l) and except as may be approved or permitted pursuant to a discretionary approval, as that term is defined in Section 16.05 B. of this Code. However, alterations, other than additions or enlargements to existing buildings, may be made provided that at least 50 percent of the perimeter length of the contiguous exterior walls and 50 percent of the roof are retained.
- Buildings Nonconforming as to Height or Encroachment Plane. A building, nonconforming only as to height or encroachment plane regulations, may not be added to or enlarged in any manner, unless the
additions or enlargements conform to all the current regulations of the zone and other applicable current land use regulations, provided that the total aggregate floor area included in all the separate additions or enlargements shall not exceed 50 percent of the floor area of the ground floor of the building or structure.
- Buildings Nonconforming as to Lot Coverage. A building, nonconforming as to the Lot Coverage regulations on properties zoned RA, RE, RS, and R1, shall not be added to or enlarged in any manner
unless the addition or enlargement conforms to all the current regulations of the zone and other applicable current land use regulations, except as may be approved or permitted pursuant to a discretionary approval, as that term is defined in Section 16.05 B. of this Code. However, alterations, other than additions or enlargements to existing buildings, may be made provided that at least 50 percent of the perimeter length of the contiguous exterior walls and 50 percent of the roof are retained.
- Moving Nonconforming Buildings. A nonconforming building or structure may not be moved, in whole or in part, to any other location on the lot unless every portion of the building or structure that is
moved is made to conform to all the current regulations of the zone and other applicable current land use regulations, except as otherwise permitted by Section 12.22 C.13. of this Code.
- Restoration of Damaged Nonconforming Buildings.
(a) A nonconforming building or structure, which is damaged or partially destroyed by any fire, flood, wind, earthquake or other calamity or the public enemy, may be restored and the occupancy or use of the building, structure or part of the building or structure, which existed at the time of the damage or destruction, may be continued or resumed, provided that the total cost of restoration does not exceed 75 percent of the replacement value of the building or structure at the time of the damage or destruction. A permit for restoration shall be obtained within a period of two years from the date of the damage or destruction. Except as set forth in Paragraph (b) below, if the damage or destruction exceeds 75 percent of the replacement value of the nonconforming building or structure at the time of the damage or destruction, no repairs or restoration shall be made unless every portion of the building or structure is made to conform to all regulations for new buildings in the zone in which it is located, and other applicable current land use regulations.
(b) If the damage or destruction of a nonconforming single-family or two-family dwelling, multiple dwelling or apartment house in the OS, A, R, P, PB, C, M or PF Zones exceeds 75 percent of its
replacement value at the time of the damage or destruction, the building or structure may be reconstructed provided:
(i) that each side yard is no less than one-half the required side yard for new buildings in the zone in which it is located, or in other applicable current land use regulations, but in no event less than
three feet; and
(ii) that the front and rear yards are at least one-half the required front and rear yards for new buildings in the zone in which it is located, or in other applicable current land use regulations; and
(iii) that neither the footing, nor the building or structure projects into any area planned for widening or extension of existing or future streets as determined by the Advisory Agency upon the
recommendation of the City Engineer; and
(iv) that the height shall not exceed the allowable height for new buildings or structures in the zone in which it is located, or in other applicable current land use regulations; and
(v) that a building permit for the reconstruction be obtained within two years of the damage or destruction from fire, flood, wind, earthquake, or other calamity or the public enemy.
- Replacement of Earthquake Hazardous Buildings. Notwithstanding any other provision of this article to the contrary, a building nonconforming as to height, number of stories, lot area, loading space or parking, which is demolished as a result of enforcement of the Earthquake Hazard Reduction Ordinance (Article 1, Chapter IX of this Code), may be reconstructed with the same nonconforming height, number of stories, lot area, loading space or parking as the original building, provided, however, that reconstruction shall be commenced within two years of obtaining a permit for demolition and completed within two years of obtaining a permit for reconstruction. Provided further, that neither the footing, nor any portion of the replacement building may encroach into any area planned for widening or extension of existing or future streets as determined by the Advisory Agency upon the recommendation of the City Engineer. Additionally, a building nonconforming as to use or yards, which is demolished as a result of enforcement of the Earthquake Hazard Reduction Ordinance, may be reconstructed with the same nonconforming use or yards provided that the approval of a Zoning Administrator is obtained pursuant to Section 12.24 X.16. of this Code.
B. Nonconforming Use of Buildings. (Amended by Ord. No. 178,599, Eff. 5/26/07.)
- Discontinuance of Manufacturing Use in A and R Zones. In the A and R Zones, any nonconforming use of a building first permitted in the MR1 or less restrictive zone shall be discontinued within five
years from June 1, 1946, or five years from the date the use becomes nonconforming, whichever date is later.
- Discontinuance of Commercial Use in A and R Zones. In the A and R Zones, any nonconforming commercial use of a building shall be discontinued within five years from June 1, 1946, or five years from the date the use becomes nonconforming, whichever date is later. However, the Zoning Administrator may permit its continuation pursuant to the procedures set forth in Section 12.24 X.27. of this Code.
Authority of Department of Building and Safety to Issue Orders to Comply. The Department of Building and Safety shall have the authority to issue an order to comply pursuant to Sec. 13A.1.8.B.3. (Department of Building and Safety; Specific Authority; Nonconforming Use) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Nonconforming Use in Manufacturing Zones. In the M Zones:
(a) A building, nonconforming as to use, which does not contain any dwelling units or guest rooms, shall not be redesigned or rearranged to contain dwelling units or guest rooms;
(b) A building, nonconforming as to use, which contains dwelling units or guest rooms shall not be redesigned or rearranged to be used for any other purpose permitted in an R Zone;
(c) A building, nonconforming as to use, which contains dwelling units or guest rooms, shall not be redesigned or rearranged so as to increase the number of dwelling units or guest rooms in the building;
(d) Residential uses in the M3 Zone, except for caretakers quarters, shall not be permitted to remain beyond five years from the date the use became nonconforming.
- Expansion of Nonconforming Use. Except as otherwise provided in this subsection, a non- conforming use shall not be expanded into any other portion of the building.
- Enlargement of Residential Portion of Buildings Nonconforming as to Use. The residential portion of a building, nonconforming as to use in the OS, A, R, P, PB, C, or PF Zones, may be enlarged,
provided that the enlargement does not create an additional dwelling unit or guest room.
Change of Use.
(a) Any change of use of a building or a portion of a building must conform to the current regulations of the zone and other applicable current land use regulations.
(b) However, in the R, C, or M Zones, a nonconforming use may be changed to any use that is permitted in a more restrictive zone than the current zone. The sequence of these zones, the first being the
most restrictive and the last being the least restrictive, is as follows: OS, A1, A2, RA, RE, RS, R1, RU, RZ, RW1, R2, RD, RMP, RW2, R3, RAS3, R4, RAS4, R5, CR, C1, C1.5, C4, C2, C5, CM, MR1, M1, MR2, M2, M3 and PF. When the use of a nonconforming building is changed to a use that is permitted in a more restrictive zone, the nonconforming building shall not be occupied by a use that is permitted only in a less restrictive zone.
Parking.
(a) Determination of Required Parking. All currently provided parking spaces shall be considered as the required parking for an existing nonconforming use if the parking spaces are less than or equal
to the parking required by current regulations.
(b) Change of Use or Other Alterations. For the purpose of calculating the parking requirements for a change of use or other alterations, which would require additional parking spaces per this Code,
including, but not limited to, additional dwelling units, seating capacity, beds for institutions or guest rooms, existing parking must be maintained and additional parking spaces shall be provided equal to the difference between the number of required parking spaces for the existing use based on current parking regulations set forth in this Code and not on the provisions of Paragraph (a) above, and the number of required parking spaces for the new use or the new capacity created by the alterations, also based on current parking regulations.
(c) Additions to Buildings or Structures. The parking requirement for an addition or enlargement to a building or structure that results in an increase in floor area shall be as set forth in the current
provisions of this Code. No additional parking spaces shall be required for the original portion of the building, as determined by Paragraphs (a) and (b) of this subdivision, only for the additional portion.
Discontinuance of Use. A building or structure or portion or a building or structure, which contains a nonconforming use which is discontinued for a continuous period of one year, shall only be occupied by a use that conforms to the current use regulations of the zone and other applicable current land use regulations.
C. Nonconforming Use of Land.
Discontinuation of Nonconforming Use of Land. (Amended by Ord. No. 178,599, Eff. 5/26/07.)
(a) In the A, R or C Zones, a nonconforming use of land shall be discontinued within five years from June 1, 1946, or from the date the use becomes nonconforming, whichever date is later, in each of the
following cases:
(i) where no buildings are utilized in connection with the use;
(ii) where the only buildings utilized are accessory or incidental to the use;
(iii) where the use is maintained in connection with a conforming building.
(b) A nonconforming use of land, which is accessory or incidental to the nonconforming use of a building, shall be discontinued on the same date the nonconforming use of the building is discontinued.
Continuation of Nonconforming Use of Land. (Amended by Ord. No. 178,599, Eff. 5/26/07.) Except as provided in Subdivision 1. above, the nonconforming use of land may be continued, subject to the following limitations:
(a) that the use is not expanded or extended in any way either on the same or adjoining land beyond the limits of what was originally permitted; and
(b) that the use is not changed, except to a use that conforms to the current use regulations of the zone and other applicable current land use regulations; and
(c) in the MR or M1 Zone, the use shall be completely enclosed within a building or within an area enclosed on all sides with a solid wall or solid fence of a height sufficient to screen the use from public
view, but in no event less than six feet in height, within one year from the date the use becomes nonconforming; and
(d) if the use is discontinued for a continuous period of one year, it shall not be reestablished.
Continuation of Signs. Any existing nonconforming sign, as defined in Section 91.6203 of this Code, may be continued, provided that no structural, electrical or mechanical alterations are made to the sign except as permitted in Section 91.6206 of this Code. (Amended by Ord. No. 178,599, Eff. 5/26/07.)
Oil Wells. (Amended by Ord. No. 160,874, Eff. 4/ 6/86.)
(a) No well for the production of oil, gas or other hydrocarbon substances, which is a nonconforming use, shall be re-drilled or deepened.
(b) All such wells, including any incidental storage tanks and drilling or production equipment, shall be completely removed within 20 years from June 1, 1946, or within 20 years from date such use
became nonconforming, if said date was subsequent to June 1, 1946; provided, however, a Zoning Administrator may, upon individual application, allow such wells to continue to operate after said removal date, if he determines that such continued operation would be reasonably compatible with the surrounding area and in connection therewith may impose such conditions, including time limitations, as he deems necessary to achieve such compatibility.
(c) Notwithstanding the above, in the Los Angeles City Oil Field such wells may continue operation provided an application is filed with the Office of Zoning Administration on or before November 1,
1986 and is subsequently approved. Any well operator may reapply for Zoning Administrator approval after November 1, 1986 provided the prior approval has not expired.
- Commercial Animal Keeping – The nonconforming keeping, grazing, breeding, raising or training of livestock, poultry, fowl, rabbits, chinchillas, fish, frogs or similar animals for commercial purposes in
the RA and R Zones, shall be completely abandoned on or before July 1, 1976 or within 15 years from the date such use became nonconforming. (Added by Ord. No. 122,543, Eff. 9/2/72.)
Automobile Dismantling Yards, Junk Yards, and Related Uses. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
(a) Any of the uses to which the provisions of Section 12.19 A.4. of this article are applicable, lawfully existing in the M2 Zone on November 29, 1968, shall be completely removed from the zone within
two years unless the use has been made to comply with the limitations applicable to the use. However, upon a showing that substantial compliance with the limitations applicable to a particular use has been effected, the Director of Planning may grant an extension of time to complete the work necessary to effect full compliance. No extension so granted shall exceed one year in duration nor shall more than one extension be granted with respect to any individual use.
(b) Any of the uses to which the provisions of Section 12.20 A.5. are applicable, lawfully existing in the M3 Zone on November 29, 1968, shall be completely removed from the zone within two years unless the use has been made to conform to the limitations applicable to the use. However, upon a showing that substantial compliance with the limitations applicable to a particular use has been effected, the
Zoning Administrator may grant an extension of time to complete the work necessary to effect full compliance. The procedure for this extension shall be as set forth in Sec. 13B.2.1. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. No extension so granted shall exceed one year in duration nor shall more than one extension be granted with respect to any individual use. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(c) The nonconforming use of land for the open storage of materials and equipment, including used materials and equipment, may be continued, but shall be subject to the following limitation: it shall be
made to conform to the provisions of this Code on the construction of walls or fences for the open storage of such used materials and equipment within one year from the date the use became nonconforming. The phrase “used materials and equipment” includes, but is not limited to, vehicles, boats, or airplanes which are inoperable, wrecked, damaged or unlicensed, i.e., not currently licensed by the Department of Motor Vehicles.
Discontinuance of Nonconforming Hostels and Transient Occupancy Residential Structures. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
(a) Any hostel or transient occupancy residential structure to which the provisions of Sections 12.12.2 A.1.(d), 12.13 A.1.5., and 12.13.5 A.11., of this Article are applicable, existing in or within 500 feet
of an A or R zone on May 8, 1992, shall be discontinued within 180 days unless the use has been made to comply with the limitations applicable to that use. However, upon a showing that substantial
compliance with the limitations applicable to a particular use has been effected, the Zoning Administrator may grant an extension of time to complete the work necessary to effect full compliance. No extension so granted shall exceed 90 days in duration nor shall more than one extension be granted with respect to any individual use. The procedure for this extension shall be as set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code.
D. Nonconforming Due To Changes – Whenever a building or structure or a use of a building, structure or land becomes nonconforming because of a change of zone or change in the regulations, and a period of time is specified in this section for the removal of such non conforming building, structure or use, said period of time shall be computed from the effective date of such change.
This section merely provides for an exception to other sections of the LAMC; it is not to be regarded as a part of the definition of the offense created by other sections of the code and need not be negatived by proof or pleading. People v. Webb, CR A 1762.
The existence of nonconforming uses does not necessarily invalidate a zoning ordinance, and no vested right to violate an ordinance may be acquired by continued violations. Lockard v. The City of Los Angeles, 33 Cal. 2d 453. Acker v. Baldwin, 18 Cal. 2d 341.
Uses for commercial purposes in district zoned for residential purposes if subsequent to enactment of zoning ordinance, confers no vested right for continuance thereof. Burke v. City of Los Angeles, 68 Cal. App. 2d 189.
A nonconforming use cannot be enlarged. County of San Diego v. McClurken, 37 Cal. 2d 683.
A nonconforming use is subject to the full exercise of the police power and may, like all other activities, be subjected to all reasonable regulations. People v. Scheib, CR A 2457.
Under a zoning ordinance authorizing applications to an administrative body for permission to put land to a nonconforming use, it is not a denial of an owner’s constitutional right to equal protection of the laws to discriminate against the owner by granting such application to some owners and refusing a grant to the owner in the same district. Otis v. City of Los Angeles, 52 Cal. App. 2d 605.
E. Use Of Nonconforming Lot. A Nonconforming lot may be occupied by any use permitted in the zone in which it is located except for those uses which require a width, area or other lot dimension other than the minimum specified in the area requirements of said zone. However, no more than two dwelling units shall be permitted on a lot with an area less than 4,000 square feet, except on lots located in an RW Zone. (Amended by Ord. No. 138,095, Eff. 4/19/69.)
F. Equine Keeping – Nonconforming Lot In “RA” Zone. Equines may be kept and a stable may be erected or maintained on any lot in an “RA” Zone, provided said lot had the area required for the keeping of equines at the time the lot was established. (Amended by Ord. No. 157,144, Eff. 11/22/82.)
G. Equine – Nonconforming Uses – Non-“K” Equinekeeping Lots. Notwithstanding any other provisions of this Code to the contrary, equine uses of the land on non- “K” District lots shall be allowed to be continued if, after the legal establishment of the equine use, a neighbor is granted a building permit to construct a dwelling unit within the 75-foot required distance between an equine use and the neighbor’s dwelling unit. If, in accordance with the provisions of Section 12.24 X.5., the Zoning Administrator grants permission for a neighbor’s dwelling to be constructed closer than 35 feet from a legally existing equine enclosure, the equine enclosure may be considered to be nonconforming if it is relocated not closer than 35 feet from the habitable rooms attached to any dwelling. The nonconforming equine use shall be subject to the following limitations: (Amended by Ord. No. 173,492, Eff. 10/10/00.)
The equine enclosure shall not be closer than 35 feet to the habitable rooms of any dwelling unit.
The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the neighbor’s dwelling unit.
The equine enclosure shall not be expanded, extended, or relocated in such a manner as to reduce the nonconforming distance between the enclosure and the habitable rooms of the neighbor’s dwelling unit.
The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Services to be stabled on the subject lot. (“Department of
Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)
H. (Repealed by Ord. No. 171,740, Eff. 10/27/97.)
I. Equine Nonconforming Uses Adjacent to Residential Buildings. Notwithstanding any provisions of this Code to the contrary, if an equine use not in a “K” District was legally established prior to November 22, 1982, that use shall be allowed to continue, even though the City issued a building permit between November 22, 1982 and July 1, 1986, to construct a residential building on an adjacent lot within the 35-foot required distance between an equine use and the habitable rooms of a residential building on the adjacent lot. This provision shall not apply to building permits authorized by the Zoning Administrator pursuant to Section 12.24 X.5. This nonconforming equine use shall be subject to the following limitations: (Amended by Ord. No. 173,492, Eff. 10/10/00.)
The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the residential building on an adjacent lot.
The equine enclosure shall not be expanded, extended, or relocated in such a manner as to reduce the nonconforming distance between the enclosure and the habitable rooms of the residential building on an adjacent lot.
- The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Services to be stabled on the subject lot. (“Department of Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)
Nothing in this subsection relieves any person from the obligation to comply with the requirements of any county or state law. (Amended by Ord. No. 173,754, Eff. 3/5/01.)
SEC. 12.25. TIME LIMITATIONS.¶
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
Utilization of Approvals.
See Sec. 13A.2.7. (Scope of Decision) of Chapter 1A of this Code.
Approvals with Effective Dates Between July 15, 2005 and December 31, 2010. The expiration period of any approval by the Zoning Administrator, Director of Planning, an Area Planning Commission, or
the City Planning Commission as initial decision makers (as well as any approval by a Deputy Advisory Agency acting in the capacity as a Zoning Administrator or as the Director of Planning’s designee), pursuant to the provisions of Chapter 1 (General Provisions and Zoning) or any ordinance adopted pursuant to Chapter 1 (General Provisions and Zoning), shall automatically be increased by 60 months if the effective date of approval was July 15, 2005, through December 31, 2007; by 48 months if the effective date of approval was January 1, 2008, through December 31, 2008; and 24 months if the effective date of approval was January 1, 2009, through December 31, 2010, provided that the Director makes a written finding that the prior discretionary approval and the required environmental review considered significant aspects of the approved project and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the extension. This one-time extension of time supersedes any previous extensions of time granted pursuant to Ordinances Nos. 180,647 and/or 181,269.
SEC. 12.26. DEPARTMENT OF BUILDING AND SAFETY.¶
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
A. See Sec. 13A.1.8. (Department of Building and Safety) and Sec. 13B.10.1. (General Provisions) of Chapter 1A of this Code.
B. Parking Facility Modifications. The Superintendent of Building may grant slight modifications in the requirements of Section 12.21 A.5. of this Code if it is impractical to apply the design criteria set forth therein due to the unusual topography, peculiar shape of location of the lot, or where parking angles are less than 40 degrees. The Superintendent of Building may also grant slight modifications in such requirements where such modifications will improve the design or functioning of the parking area or garage, or where attendant parking is assured to the Superintendent of Building’s satisfaction.
The power to grant such modifications shall be exercised in accordance with the procedure established in Section 98.0403 of this Code.
C. Certificate of Occupancy. No vacant land shall be occupied or used, except for agricultural uses, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have
been issued by the Superintendent of Building.
Certificate of Occupancy for a Building.
(a) A certificate of occupancy for a new building or the enlargement or alteration of an existing building shall be applied for coincident with the application for a building permit. The certificate of
occupancy shall be issued after the request for it has been made in writing to the Superintendent of Building after the erection, enlargement or alteration of the building or part of the building has been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Superintendent of Building for a period not to exceed six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(b) Whenever the automobile parking spaces which are required for a building by the provisions of this Article, are provided on a lot other than the one on which the building is located, the certificate of
occupancy for said building shall be valid only while such parking spaces are being so maintained and shall bear a notation to that effect. Said certificate shall be kept posted in a conspicuous place in the building. The Superintendent of Building shall keep a record of each lot on which required automobile parking spaces are provided for a building located on another lot, and whenever the Superintendent of Building finds that such automobile parking spaces are no longer so maintained, the Superintendent of Building shall notify the persons having custody of the building of that fact. If at any time such automobile parking spaces are not being maintained, the certificate of occupancy shall automatically be cancelled and said building shall not thereafter be occupied or used until the required automobile parking spaces are again provided and a new certificate is issued.
(c) Whenever a lot abutting a public alley in the “C” Zone is developed and used solely for dwelling or apartment house purposes with no more than 20 dwelling units on the lot and no loading space is
provided, the certificate of occupancy for any building thereon shall be valid only while all the buildings on said lot are maintained for said use and the certificate shall bear a notation to that effect. If at any time any of the buildings on said lot are structurally altered or enlarged, or the use thereof is changed to a hospital, hotel, institution, commercial or industrial purposes, or a dwelling or apartment house so as to exceed 20 dwelling units on the lot, the certificate shall automatically be cancelled and none of the buildings on said lot shall thereafter be occupied or used until the required loading space is provided and a new certificate is issued.
(d) Wherever authority is granted to permit the sale of a lot in a residential planned development contingent upon the possession of an interest in common areas and facilities which are appurtenant to said lot, The Certificate of Occupancy for buildings on said lot shall be valid only while said interest is held by the owner. Said interest may be through shares of stock or voting membership in an owners association.
- Certificate of Occupancy for Land. A certificate of occupancy for the use of vacant land or a change in the character of the use of land, including the construction of tennis or paddle tennis courts, as herein
provided, shall be applied for before any such land shall be occupied or used for any purpose except that of tilling the soil and the growing therein of farm, garden or orchard products; and a certificate of occupancy shall be issued after the application has been made, provided such use is in conformity with the provisions of the Municipal Code.
- Certificate of Occupancy – Contents – Filing Fee. The Certificate of Occupancy shall state that the building or proposed use of a building or land conforms to the provisions of this chapter. A record of all
certificates shall be kept on file in the office of the Superintendent of Building, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected. A fee shall be charged for each original certificate of occupancy pursuant to Subdivision 10. of Subsection (b) of Section 91.0304 of the Los Angeles Municipal Code.
No excavation for any building shall be started before application has been made for a certificate of occupancy.
- Plats. All applications for a certificate of occupancy shall be made on a printed form to be furnished by the Superintendent of Building, and shall contain accurate information and dimensions as to the size and
location of the lot, the size and location of the buildings or structures on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary to provide for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Superintendent of Building may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The applications and plats shall be kept in the office of the Superintendent of Building, and the duplicate copy shall be kept at the building at all times during construction.
- Recorded Agreements. Whenever the off- street automobile parking spaces required by this section are provided on a different lot from that on which the use they are to serve is located, as a prerequisite to
the issuance of the required building permit or certificate of occupancy, the owner or owners of said lot on which parking is to be provided shall record an agreement in the Office of the County Recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the City of Los Angeles, providing that such owner or owners shall continue to maintain said parking spaces so long as the building or use they are intended to serve is maintained.
Whenever the total floor area permitted on a lot is to be included in a building which will not cover the entire buildable area of the lot, as a prerequisite to the issuance of the required building permit, the owner or owners of record of said lot shall record in the office of the County Recorder of Los Angeles County, California, a covenant running with the land for the benefit of the City of Los Angeles providing that so long as said building is maintained on said lot said owner or owners will not erect any additional buildings on the unoccupied buildable area of the lot.
D. Auto Dismantling Yards, Junk Yards, Scrap Metal or Recycling Materials Processing Yards, Recycling Collection and/or Buyback Centers, Recycling Materials Sorting Facilities and Cargo Container Storage Yards. See Sec. 13B.10.3. (Annual Inspection Monitoring of Auto Dismantling Yards, Junk Yards, Scrap Metal or Recycling Materials Processing Yards, Recycling Collection and/or Buyback Centers, Recycling Materials Sorting Facilities and Cargo Container Storage Yards) of Chapter 1A of this Code.
E. Building Permits. No tennis or paddle tennis court accessory to a primary residential use on the same lot in the A or R Zones shall be constructed until application for a building permit therefor has been filed with and issued by the Department of Building and Safety.
F. Automotive Repair Garage and Used Vehicle Sales Areas. See Sec. 13B.10.4. (Annual Inspection Monitoring of Automotive Repair Garage and Used Vehicle Sales Areas) of Chapter 1A of this Code.
Minimum Standards.
(a) All automotive repair garages shall comply with the following minimum standards:
(1) All body and fender repairing when conducted within 300 feet of an A or R Zone shall be done within a completely enclosed building or room. The doors of such building or room may be
open during the following hours:
(i) From 7 a.m. until 8 p.m. on Mondays through Fridays;
(ii) From 9 a.m. until 8 p.m. on Saturdays; and
(iii) From 11 a.m. until 8 p.m. on Sundays.
At all other times, the doors of such building or room shall be closed, except at intervals necessary for ingress and egress.
(2) All body and fender repairing when conducted within 150 feet of an A or R Zone shall be done within a completely enclosed building or room with stationary windows. The doors of such
building or room may be opened only at intervals necessary for ingress and egress, except that garage bay doors may be open during the hours of operation set forth in Paragraph (1) of this
subdivision, provided:
(i) A minimum 10-foot-high solid masonry fence or a minimum 10-foot-high intervening commercial or industrial building enclosed on at least three sides is maintained at the property line
adjacent to the A or R Zone, or;
(ii) Doors facing a public street shall be closer to the property line adjacent to the public street than the required yard setback of any adjacent A or R Zone.
(3) All automotive spray painting shall be done in full compliance with the provisions of Article 7 of Chapter 5 of the Code regulating these installations; provided further, that no spray painting
may be done except in an approved spray booth or room approved for this use that is located within a wholly enclosed building. In the M2 or M3 Zone a spray booth approved for use outside of a
building may be utilized if allowed by all other jurisdictions having authority over spray painting.
(4) Except for allowable outside uses when conducted in the M2 or M3 Zones, all other operations shall be conducted within a building enclosed on at least three sides, except for the following,
which may be conducted within the first 18 feet in depth measured perpendicular to the entire length of the building wall containing a garage bay door; said area shall not displace any required
parking:
(i) electrical diagnostics;
(ii) battery charging and changing;
(iii) tire removal and replacement, provided the vehicle is not elevated more than 12 inches off the ground measured to the bottom of the tire. A portable hoist only, may be used for this
purpose.
(5) If the building is located within 50 feet of a lot in an A or R Zone with no intervening street, the wall of the building nearest such Zone shall have no openings other than doors or stationary
windows. Such doors shall be permitted only if the building is adjacent to an alley and may be opened only at intervals necessary for ingress or egress.
(6) Automotive hoists, of any type or size, except as provided in Paragraph (4)(iii) above or allowed and operated in an M2 or M3 Zone, shall be located or operated only inside a fully enclosed building.
(b) All Used Vehicle Sales Areas shall comply with the following:
(1) All used vehicle sales areas established after January 1, 2005, shall provide supplemental customer parking, on site, of at least one space for every 2,000 square feet of vehicle sales area. This
parking is in addition to all other parking required for the lot and shall be conspicuously posted and used for customer parking only. There shall be a minimum of two customer parking spaces
provided for any used vehicle sales area.
(2) All repair work done on site must comply with the provisions of this subsection whether or not the repairs are done on customer or dealer owned vehicles.
(3) All other provisions of the Code which apply to used vehicle sales must be complied with at all times.
(4) Exception: Display of not more than three vehicles for purposes of sale or trade, at any one time, which is accessory to an approved use on the same lot and not occupying any required
parking spaces, does not require a separate certificate of occupancy, additional parking, or annual inspection.
(c) Nothing in this section shall relieve any person from complying with any applicable requirements contained in Sections 12.14, 80.73.1, 80.73.2 or any other provision of the Code.
G. Transportation Demand Management and Trip Reduction Measures.
1. Definitions. For the purpose of this section, certain words and terms are defined as follows:
Carpool. A vehicle carrying two to five persons to and from work on a regular schedule.
Development. The construction of new non-residential floor area.
Gross Floor Area. That area in square feet confined within the outside surface of the exterior walls of a building, as calculated by adding the total square footage of each of the floors in the building,
except for that square footage devoted to vehicle parking and necessary interior driveways and ramps.
Preferential Parking. Parking spaces, designated or assigned through use of a sign or painted space markings for Carpools or Vanpools, that are provided in a location more convenient to the entrance for
the place of employment than parking spaces provided for single-occupant vehicles.
Transportation Demand Management (TDM). The alteration of travel behavior through programs of incentives, services, and policies, including encouraging the use of alternatives to single-occupant
vehicles such as public transit, cycling, walking, carpooling / vanpooling and changes in work schedule that move trips out of the peak period or eliminate them altogether (as in the case in telecommuting or
compressed work weeks).
Trip Reduction. Reduction in the number of work-related trips made by single-occupant vehicles.
Vanpool. A vehicle carrying six or more persons to and from work on a regular schedule, and on a prepaid basis.
Vehicle. Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.
2. Applicability. This subdivision applies only to the construction of new non-residential gross floor area. Prior to the issuance of a building permit, the owner / applicant shall agree, by way of a covenant that
runs with the land, to provide and maintain in a state of good repair the following applicable transportation demand management and trip reduction measures.
3. Requirements.
(a) Development in excess of 25,000 square feet of gross floor area. The owner shall provide a bulletin board, display case, or kiosk (displaying transportation information) where the greatest number
of employees are likely to see it. The transportation information displayed should include, but is not limited to, the following:
(1) Current routes and schedules for public transit serving the site;
(2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operations;
(3) Ridesharing promotion material supplied by commuter-oriented organizations;
(4) Regional / local bicycle route and facility information;
(5) A listing of on-site services or facilities which are available for carpoolers, vanpoolers, bicyclists, and transit riders.
(b) Development in excess of 50,000 square feet of gross floor area. The owner shall comply with Paragraph (a) above and in addition shall provide:
(1) A designated parking area for employee carpools and vanpools as close as practical to the main pedestrian entrance(s) of the building(s). This area shall include at least ten percent of the
parking spaces required for the site. The spaces shall be signed and striped sufficient to meet the employee demand for such spaces. The carpool / vanpool parking area shall be identified on the
driveway and circulation plan upon application for a building permit;
(2) One permanent, clearly identified (signed and striped) carpool / vanpool parking space for the first 50,000 to 100,000 square feet of gross floor area and one additional permanent, clearly
identified (signed and striped) carpool / vanpool parking space for any development over 100,000 square feet of gross floor area;
(3) Parking spaces clearly identified (signed and striped) shall be provided in the designated carpool / vanpool parking area at any time during the building’s occupancy sufficient to meet employee
demand for such spaces. Absent such demand, parking spaces within the designated carpool / vanpool parking area may be used by other vehicles;
(4) No signed and striped parking spaces for carpool / vanpool parking shall displace any handicapped parking;
(5) A statement that preferential carpool / vanpool spaces are available on- site and a description of the method for obtaining permission to use such spaces shall be included on the required
transportation information board;
(6) A minimum vertical clearance of 7 feet 2 inches shall be provided for all parking spaces and accessways used by vanpool vehicles when located within a parking structure;
(7) Bicycle parking shall be provided in conformance with Section 12.21 A.16. of this Code.
(c) Development in excess of 100,000 square feet of gross floor area. The owner shall comply with Paragraphs (a) and (b) above and shall provide:
(1) A safe and convenient area in which carpool / vanpool vehicles may load and unload passengers other than in their assigned parking area;
(2) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;
(3) If determined necessary by the City to mitigate the project impact, bus stop improvements shall be provided. The City will consult with the local bus service providers in determining
appropriate improvements. When locating bus stops and/or planning building entrances, entrances shall be designed to provide safe and efficient access to nearby transit stations/stops;
(4) Safe and convenient access from the external circulation system to bicycle parking facilities on-site.
Exceptions. The provisions of this subsection shall not apply to developments for which an application has been deemed complete by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for a Draft Environmental Impact Report has been circulated or for which plans sufficient for a complete plan check were accepted by the Department of Building and Safety, on or before the effective date of this ordinance.
- Monitoring. The Department of Transportation shall be responsible for monitoring the owner / applicant’s continual implementation and maintenance of the project trip reduction features required by this
ordinance.
- Enforcement. Applicants shall execute and record a Covenant and Agreement that the trip reduction features required by this ordinance will be maintained, that required material specified in Subdivision 3.(a)
(1) - (5) will be continually posted, and that additional carpool / vanpool spaces within the designated preferential area will be signed and striped for the use of ridesharing employees based on demand for such spaces. The Covenant and Agreement shall be acceptable to the Department of Transportation.
- Hardship Exemption. In cases of extreme hardship, duly established to its satisfaction, the City Council, acting in its legislative capacity, and by resolution, may grant an exemption from any/or all the
provisions of this ordinance. In granting such an exemption, the City Council shall make the following findings:
(a) Specific features of the development make it infeasible to satisfy all of the provisions of this subsection; and
(b) The applicant has committed to provide equivalent alternative measures to reduce vehicle trips.
H. Appeals from Building Department Determinations. See Sec. 13B.10.2. (Appeals from LADBS Determinations) of Chapter 1A of this Code.
SEC. 12.28. ADJUSTMENTS AND SLIGHT MODIFICATIONS.¶
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
A. Adjustments. The Director shall have the authority to grant adjustments in the Yard, area, Building line and height requirements of Chapter 1 of this Code, pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code. An adjustment shall not be permitted for relief from a density (Lot area per unit) or height requirement, excluding fences and hedges, if the request represents an increase of 20 percent or more than what is otherwise permitted by this Code. A request for an increase of 20 percent or more shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.
The Director shall also have the authority to grant adjustments in Residential Floor Area of no more than a ten percent increase beyond what is otherwise permitted by Chapter 1 of this Code. A request for an increase in Residential Floor Area greater than ten percent shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.
B. The Director shall have the authority to grant slight modifications in the yard and area requirements of Chapter 1 of this Code where circumstances make the literal application of the yard and area requirements impractical. Slight Modifications from the yard and area requirements shall be limited to:
deviations permitting portions of buildings to extend into a required yard or other open space a distance of no more than 20 percent of the width or depth of the required yard or open space only when the request is filed incidental to another application or appeal within the jurisdiction of the Director; and
deviations of no more than ten percent from the required lot area regulations. In those cases, the procedures for notice, hearing, time limits and appeals shall be the same as those applicable to the underlying application or appeal. In granting a slight modification, the Director may impose conditions related to the interests addressed in the findings set forth in Sec. 13B.5.2.E.
C. Procedures for Adjustments. See Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code.
D. Public Hearing and Notice.
- Notwithstanding the provisions of Sec. 13B.5.2 (Adjustment) of Chapter 1A of this Code, an application for an adjustment to permit a game court, including a tennis or paddle tennis court, accessory to a
primary residential use on the same lot, or to permit the erection of light standards in conjunction with that use shall be set for public hearing and notice shall be given in the same manner required for adjustments unless the applicant has secured the approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.
- For R1, RS, RE and RA Zoned properties, the Zoning Administrator must conduct a public hearing for any Adjustment requests.
SEC. 12.29. VIOLATION OF CONDITIONS – PENALTY.¶
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
See Sec. 13A.2.7. (Scope of Decision) of Chapter 1A of this Code.
SEC. 12.30. BOUNDARIES OF ZONES.¶
(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Purpose. It is intended that zone and height district boundaries coincide with street, alley, or lot lines, unless otherwise shown on the zoning map. However, under certain conditions, zone boundaries do not precisely coincide with street, alley, or lot lines and in those cases, the Director shall make adjustments pursuant to this section. Boundary adjustments are normally requested in contemplation of more extensive development of the property involved. In connection with those plans, standard street dedication is essential. Therefore, the following procedure is necessary to be established so that standard dedication and improvement of streets and alleys abutting the subject property may be required, where reasonable, as a prerequisite to the approval of the zone boundary adjustment.
B. Street, Alley or Lot Lines. The zone boundaries shall be either street, alley or lot lines unless otherwise shown on the zoning map, and where the indicated boundaries on the zoning map are approximately street, alley or lot lines, the street, alley or lot lines shall be construed to be the boundaries of those zones.
C. Scale on Map. Where the zone boundary lines are not approximately street alley or lot lines, or where property indicated on the zoning map is acreage and not subdivided into lots and blocks, the zone boundary lines on the zoning map shall be determined by the scale contained on the map.
D. Symbol for Zone. Where one symbol is used on the zoning map to indicate the zone classification of an area divided by an alley or alleys, that symbol shall establish the classification of the whole of that area.
E. Street or Right of Way – Allocation or Division. A street, alley, railroad or railway right-of-way, watercourse, channel or body of water, included on the zoning map shall, unless otherwise indicated, be included within the zones of adjoining property on either side of the street, alley, railroad or railway right-of-way, watercourse, channel or body of water; and where the street, alley, right- of-way, watercourse, channel or body of water, serves as a boundary between two or more different zones, a line midway in the street, alley, right-of-way, watercourse, channel or body of water, and extending in the general direction of its long dimension shall be considered the boundary between zones.
F. Vacated Street or Alley. In the event a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in the street or alley shall be included within the zone of the adjoining property on either side of the vacated street or alley. In the event the street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former center line of the vacated street or alley.
G. Individual Adjustments. The Director may, upon written request and after notice and hearing to the owners of the property affected by the proposed decision, make minor adjustments in the location of zone boundaries to carry out the intent of this section when:
Property as shown on the zoning map was in acreage but has been subsequently divided or approved for division into parcels or lots and blocks by a parcel map or final tract map and the parcel or lot and block arrangement does not conform to that anticipated when the zone boundaries were established;
Property was redivided or approved for redivision by a parcel or final tract map into a different arrangement of lots and blocks than indicated on the zoning map; or
A lot which was of record in the Los Angeles County Recorder’s Office on July 30, 1962, and which was on that date and is, at the time the request is made, in two different zones as determined by scaling the
zoning map and where there is nothing apparent on the map to indicate that the zone boundary line should be retained in its scaled location. Where uncertainty exists in applying the provisions of this section or where revision is necessary to correct dimensional or mapping errors the Director may, upon the Director’s own initiative, or upon the request of the Planning Department staff, determine the location of the zone boundary lines by written decision. Zone boundary adjustments permitted pursuant to this subsection shall be limited to a distance of no more than 50 feet. When the adjustment is requested prior to recordation because of a situation arising as described in Subdivisions 1. and 2. of this subsection the Director’s decision shall not become effective until after the parcel map or final tract map has been recorded with the Office of the County Recorder.
H. Director Decision. Whenever the public necessity, convenience, general welfare or good zoning practice justify the action, the Director may approve, conditionally approve or deny any zone boundary adjustment pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code. The Director may impose any conditions the Director deems appropriate to mitigate the negative impacts created by the development made possible by a zone boundary adjustment. One of the conditions may require that the abutting streets, alleys or highways be dedicated and improved in conformance with the standards for improvement of streets, alleys and highways, if the Director determines that traffic on the abutting streets, alleys or highways will be increased or impeded as a result of the zone boundary adjustment. However, an offer to dedicate and/or filing of a bond in conformance with the procedures set forth in Section 12.37 C. and D. of this Chapter shall be construed as compliance with these requirements. The zoning map in the City Planning Department shall be made to conform with the Director’s decision after the conditions imposed, if any, by the Director have been fulfilled. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
I. Maps. A reproducible map shall accompany each application for boundary adjustments. This map shall be legibly drawn using a scale of 100 feet or 200 feet to the inch and in addition to data the Director may require in order to make a proper decision on the request for boundary adjustment, the map shall clearly show the following:
- The dimensions and legal description of the parcel, the existing zone lines and the distance from the parcel to the nearest cross street; and
- The abutting streets, alleys and highways and their dedicated width.
J. Height Districts. The procedure provided for in this section for the decisions on boundaries of zones shall also be followed in deciding boundaries of height districts.
K. Adjustment of C or M and P or PB Zone Boundaries.
- Where a combination of C or M and P or PB Zones has been established on a lot, the Director may, upon written request from the owner of the property involved, adjust the boundary between the C or M
Zone and the P or PB Zone, provided that the C or M Zone is not increased in area and that no portion of the C or M Zone is adjusted to within 50 feet of a street, center line of an alley or an A or R Zone, except that the C or M Zone may be as close to any particular street, alley center line or lot line in an A or R Zone as it was prior to the adjustment of the boundary. This exception shall not apply to a lot or portion of a lot in the C or M Zone which is less than 250 square feet.
- (Deleted by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
SEC. 12.31. INTERPRETATION – PURPOSE – CONFLICT.¶
(Amended by Ord. No. 141,821, Eff. 5/24/71.)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall control. Provided, that such provisions shall not apply to any variance or exception granted prior to the effective date of this article: (a) by ordinance pursuant to the provisions of Ordinances Nos. 42,666 (N.S.), 66,750, 74,140 or Chapter I of the Los Angeles Municipal Code, and which variance or exception has been utilized and not repealed by Section 12.27 B.6. of this chapter; (b) by determination of the Administrator or Board pursuant to the provisions of Chapter I of said Code; and (c) by determination of the former Board of City Planning Commissioners pursuant to the provisions of Ordinance No. 74,145 or Chapter I of said Code. Provided, further, that such provisions shall not be interpreted or construed as interfering with the continuation of those existing specific uses which heretofore were required by Ordinance to be located in the following special districts:
(a) Cemetery Districts – Ordinance No. 19,534 (N.S.);
(b) Undertaking Districts – Ordinance No. 31,746 (N.S.);
(c) Public Camp Districts – Ordinance No. 44,434 (N.S.);
(d) Mental Sanitarium Districts – Ordinance No. 58,647; and
(e) Rabbit and Poultry Slaughter House District – Ordinance No. 65,050.
In no case, however, shall any of the above uses be extended or expanded onto property not so used at the time this article became effective.
SEC. 12.32. LAND USE LEGISLATIVE ACTIONS.¶
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
A. See Sec. 13B.1.2. (Specific Plan Adoption / Amendment), Sec. 13B.1.3. (Zoning Code Amendment) and Sec. 13B.1.4.B. (Zone Change) of Chapter 1A .
B. (This subsection intentionally left blank.)
C. (This subsection intentionally left blank.)
D. (This subsection intentionally left blank.)
E. Amendment to the Zoning Regulations. See Sec. 13B.1.3. (Zoning Code Amendment) of Chapter 1A of this Code.
F. Zone Changes and Height District Changes. See Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code.
G. Special Zoning Classifications.
T Classification.
(a) Purpose. In the consideration of a proposed change of zone pursuant to Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code, it may be determined that public necessity, convenience and general
welfare require that provision be made for the orderly arrangement of the property concerned into lots and/or that provision be made for adequate streets, drainage facilities, grading, sewers, utilities, park and recreational facilities; and/or that provision be made for payments of fees in lieu of dedications and/or that provision be made for other dedications; and/or that provision be made for improvements; all in order that the property concerned and the area within which it is located may be properly developed in accordance with the different and additional uses to be permitted within the zone to which the property is proposed for change.
(b) T Classification. Instead of immediately and finally rezoning the property or changing the height district, the ordinance shall place it in a T or Tentative classification pending the recordation of a
Final Map in compliance with the provisions and requirements of Article 7 of this chapter, or, in certain instances hereinafter specified by the recordation of a Parcel Map in compliance with said provisions and requirements, or, where no map is necessary, by completion or assurance of all dedications, payments, and improvements which are required by the Council to be provided, to the satisfaction of the appropriate City departments. For the purposes of this Subsection, the term “payments” shall include dedications or payments pursuant to Section 12.33 of this Chapter.
(c) Map Symbol. The T or Tentative classification shall be indicated by the symbol T in parentheses preceding the proposed zoning designation; for example, (T)R4-2.
(d) Allowed Uses. While property remains in the T Tentative classification, and until the Department of Building and Safety has received notification from the Department of the recordation of the Final Map or Parcel Map, or the completion or assurance of the required dedications, payments or improvements, which are to the satisfaction of the appropriate City departments in accordance with those conditions as have been imposed by the City Council, the property may continue to be used only for the purposes permitted in the zone applicable to the property prior to its T Tentative classification. No permits shall be issued, no buildings or structures shall be erected or constructed, and no land shall be used for any other purpose. Provided, however, that grading or other improvements which have been required as a prerequisite to the approval of the Final Map or Parcel Map or other required dedications, payments and improvements of the property may be accomplished. The Council may also permit the removal of the T Tentative classification by the recordation of a Parcel Map or by completion of all required dedications, payments and improvements in lieu of a Final Map after report and recommendations from the Director that all the necessary improvements can be accomplished and assured under Parcel Map procedures; or where no map is necessary, completion of all required dedications, payments and improvements.
(e) Time Limit. Property shall remain in the T Tentative classification until a Final Map or a Parcel Map of the property has been approved by the Council and recorded in the County Recorder’s Office,
or until the Department has notified the Superintendent of Building of the completion to the satisfaction of the appropriate City agencies of all required dedications, payments and improvements, or until the classification expires as provided in this subsection. Unless otherwise authorized by the City Council, dedications, payments and improvements must be completed for the entire area subject to the change of zone.
(f) Removal of T. When a Final Map or Parcel Map has been approved by the Council and recorded, or the Superintendent of Building has been notified by the Department of the completion of all
required dedications, payments, and improvements, the property shall no longer be designated as being within the T Tentative classification, the T Tentative designation shall be removed from City records, and the new zone designation shall become finally effective. The Council may authorize the removal of a T Tentative classification by any procedure which assures any appropriate dedications, payments or improvements including any dedication, payment or improvement described in Section 12.33 of this chapter. If the Tentative classification expires, the zone change and height district proceedings shall terminate and the property shall be redesignated as described in Paragraph (h) below.
(g) Assurance of Dedications, Payments and Improvements. Prior to making a report and recommendation, the Director of Planning or the Director of Planning’s authorized representative shall obtain
a report from the Bureau of Engineering as to whether all the necessary improvements can be accomplished and assured under Parcel Map procedures, or, if no map is necessary, without a map. The report shall be made within 40 calendar days of the date of request or within additional time as may be agreed upon by the Department and the Bureau of Engineering.
(h) Time Limit. (Amended by Ord. No. 182,106, Eff. 5/20/12.) Except as provided in Subdivision 2. of this subsection, as to those properties placed in the T classification subsequent to March 26, 1973,
property shall not remain in a T Tentative classification for more than six years after the effective date of the ordinance creating it without the recording of a Final Tract Map or a Final Parcel Map, or a decision by the Department that all required dedications, payments and improvements have been made or assured to the satisfaction of the appropriate City agencies.
EXCEPTIONS: Property may remain in a T Tentative classification for an additional 60 months if the ordinance creating the classification took effect between July 15, 2005, and December 31, 2007; an additional 48 months if the ordinance took effect between January 1, 2008, through December 31, 2008; and an additional 24 months if the ordinance took effect between January 1, 2009, and December 31, 2010, provided that the Director makes a written finding that the prior discretionary approval and the required environmental review considered significant aspects of the approved project and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the extension. Property may also remain in a T Tentative classification for a longer period of time through operation of Sec. 13A.2.7.A.2. of the Code.
When these time limitations expire, the T Tentative Zone classification and the zoning authorized thereby shall become null and void, the rezoning proceeding shall be terminated, and the property
thereafter may only be utilized for those purposes permitted prior to the commencement of the rezoning proceedings and shall be so redesignated.
(i) Time limit Does Not Include Moratoria. The time limit for property placed in a T Tentative classification which is also the subject of a Tentative Map shall not include any time during which a development moratorium, as defined in California Government Code Section 66452.6(b), has been imposed and is in existence after the effective date of the ordinance placing the property in a T Tentative classification, provided that the moratorium affects the property and does not exceed five years. Provided further that for property placed in a T Tentative Classification which is also the subject of a Tentative Map and which requires the expenditure of $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, then the T Tentative Classification shall be extended for the life of the Tentative Map.
(j) Restoration to Former Zoning. Except as provided for in subdivision 2. of this subsection, as to those properties placed in the T Tentative classification prior to March 26, 1973 and which remain in a
T Tentative classification for more than six years, the City Planning Commission, the Director or the Director’s designee may investigate the circumstances therefor. When deemed appropriate by the Commission or upon the request of the Council, and after due notice to the owner of the property as shown on the records of the City Engineer or the records of the County Assessor, the City Planning Commission, the Director or the Director’s designee shall submit a report and recommendation to the Council concerning the restoration of the property to its former zoning or height district classification. Where the recommendation is that the property be changed to its former classification, or when the Council requests that the property be changed to its former classification, an ordinance accomplishing the change shall be transmitted with the report and recommendation to the Council. Notwithstanding any other provisions of this Code to the contrary, no public hearing need be held nor further notice given as a prerequisite to the adoption of an ordinance restoring the property to its former classification. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
(k) General Plan Consistency. In the implementation of Paragraph (i) of this Subdivision, the former zoning or height district classification may be inconsistent with the current General Plan designation
for the property. In this case, the property shall be changed to the least intense zoning or height district classification consistent with the General Plan.
- Q Qualified Classification.
(a) Purpose. Except where property is being changed to the RA, RE, RS or R1 Zone, provision may be made in a zoning ordinance pursuant to Sect.13B.1.4. (Zone Change) of Chapter 1A of this Code, that the property not be utilized for all the uses ordinarily permitted in a particular zone classification and/or that the development of the site shall conform to certain specified standards, if the limitations are deemed necessary to:
(1) Protect the best interests of and assure a development more compatible with the surrounding property or neighborhood;
(2) Secure an appropriate development in harmony with the objectives of the General Plan; or
(3) Prevent or mitigate potential adverse environmental effects of the zone change.
(b) Q Classification.
(1) Where limitations are deemed necessary the zoning ordinance may, instead of immediately and finally changing the zone or height district on the property, place it in a Q Qualified
classification. Except as provided for in Paragraphs (f) of (g) of this subdivision, the Q Qualified classification shall be deemed to be a temporary classification until the time the proceedings are either terminated or completed as provided in this section.
(2) Prior to the issuance of permits for the construction of buildings or structures authorized by the Qualified enactment, the plans for them shall be submitted to and approved by the Director as
being in full compliance with all limitations and standards set forth in the ordinance.
(c) Map Symbol. The Q classification shall be indicated by the symbol Q in parentheses preceding the proposed designation; for example, (Q)C2-1.
(d) Allowed Uses. While property remains in a Q Qualified classification, whether temporary or permanent as provided for in Subdivision 3. of this subsection, it may be used for any of the uses
permitted in the zone applicable to the property prior to its Q Qualified classification, unless the use or uses are prohibited in the zone classification to which the property is being changed, or are subject to limitations as are specified in the Qualified classification to which the property is being changed. Prior to the issuance of permits for the construction of buildings or structures authorized by reason of the Qualified zone enactment, the plans therefor must be submitted to and approved by the Director of Planning or by the Director of Planning’s designated representative as being in full compliance with all limitations and standards set forth in that ordinance.
(e) Certificate of Occupancy. Property shall remain in a temporary (Q) Qualified classification for the period of time provided in Paragraph (f) of this subsection or until a Certificate of Occupancy is
issued by the Superintendent of Building for one or more of the uses first permitted by the Qualified zone ordinance. The Superintendent of Building shall notify the Director of the issuance of the Certificate of Occupancy. Once the Certificate of Occupancy is issued: (i) the (Q) Qualified classification shall no longer be considered temporary; (ii) the parentheses shall be removed from the designation; and (iii) the new zone designation shall become finally effective and shall be placed on the appropriate City records with the symbol “Q” being a permanent part of the symbol designation; for example QR3-1. All applicable limitations and/or standards within the Qualified classification ordinance shall thereafter be considered to apply permanently to the specific uses. The temporary Qualified classification and the accompanying conditions that have become permanent and are shown with brackets shall have the same status as those that have become permanent, but shown with neither parenthesis nor brackets. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
(f) Time Limit. (Amended by Ord. No. 182,106, Eff. 5/20/12.) Except as provided below and in Subsection I., property shall not remain in a Q Qualified classification for more than six years unless
during that time:
(1) there is substantial physical development of the property to allow for one or more of the uses for which the Q Qualified classification was adopted; or
(2) if no physical development is necessary, then the property is used for one or more of the purposes for which the Q Qualified classification was adopted.
EXCEPTION: Property may remain in a Q Qualified classification for an additional 60 months if the ordinance creating the classification took effect between July 15, 2005, and December 31, 2007; an additional 48 months if the ordinance took effect between January 1, 2008, through December 31, 2008; and an additional 24 months if the ordinance took effect between January 1, 2009, and December 31, 2010, provided that the Director makes a written finding that the prior discretionary approval and the required environmental review considered significant aspects of the approved project and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the extension.
When these time limitations expire, the Q Qualified classification and the authority contained therein shall become null and void, the rezoning proceedings shall be terminated, and the property thereafter may only be utilized for those purposes permitted prior to the commencement of the rezoning proceedings.
In addition, the Director may determine that the development has not been continuously and expeditiously carried on to completion, but that one or more usable units has been completed and that the partial development will meet the requirements for the utilization of the (Q) classification. The Director may impose conditions on the partial development to meet the intent of this
subdivision. The Director shall advise the Department of Building and Safety of the Director’s decision. Thereafter, a Certificate of Occupancy may be issued after compliance with the Director's decision, and the temporary (Q) classification shall be permanent on that portion of the property determined by the Director to be appropriate to the completed portion of the development. The Qualified classification and the authority contained therein shall become null and void as to the remainder of the property. Notwithstanding any other provision of this Code to the contrary, no public hearing need be held nor notice be given before terminating the (Q) Qualified classification and restricting the property to its previously permitted uses.
(g) Non-Conforming Improvements. In the event that buildings or structures designed for occupancy by uses which were not permitted prior to the (Q) Qualified classification are located on property
on which the (Q) Qualified classification is terminated, the buildings or structures shall be completely removed forthwith by the owner at the owner’s own expense, unless their design is altered and they are immediately completed in full compliance with all applicable regulations for uses permitted prior to the (Q) Qualified classification.
(h) Q’s with T’s. Property may simultaneously be classified as being in a (Q) or [Q] Qualified classification and T Tentative classification. The T designation shall be removed prior to utilization of the
additional uses permitted by the (Q) or [Q] Qualified classification. In no event shall there be any change in the time limitations of this section or any extension of them.
(i) Time Limit Does Not Include Moratoria. However, for property placed in a Q Qualified classification which is also the subject of a Tentative Map, the six year time period for the Q Qualified Classification shall not include any time during which a development moratorium, as defined in California Government Code Section 66452.6(f), has been imposed and is in existence after the effective date of the ordinance placing the property in a Q Qualified Classification, provided that the moratorium affects the property and does not exceed five years. Provided further that for property placed in a Q Qualified Classification which is also the subject of a Tentative Map and which requires the expenditure of $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, then the Q Qualified classification shall be extended for the life of the Tentative Map, including any time extensions approved by the Advisory Agency. For the purposes of this subsection, a zone change or height district change shall be deemed a change incident to division of land when the project’s environmental analysis includes a description of both the change and the division of land, and the proposed development of the site does not deviate substantially from the original project description. In particular, the proposed development shall be substantially the same regarding density, the number of dwelling units, the amount of floor area, uses, height and massing of buildings, amount of grading, and other relevant attributes.
(j) Q Conditions in the RA, RE, RS and R1 Zones. (Added by Ord. No. 174,406, Eff. 2/28/02.) Notwithstanding Paragraph (a) of this Subdivision, properties being changed to the RA, RE, RS and R1
zones may be placed in the “Q” Qualified classification in order to impose conditions to mitigate adverse environmental effects of the zone change identified in a Mitigated Negative Declaration or Environmental Impact Report.
- Permanent [Q] Qualified Classification. In consideration of a proposed change of zone or height district, the Council may determine to impose a permanent Q Qualified classification rather than a
classification which expires. The permanent Qualified classification shall be identified on the Zoning Map by the symbol Q in brackets, preceding the proposed zoning designation; for example, [Q]M2-1; or, in combination with a T Tentative classification, [T][Q]C2-2. There shall be no time limit on removal of the brackets around the [Q] Qualified designation nor on removal of the T Tentative designation. After the conditions of the permanent [Q] Qualified classification have been fulfilled, the brackets surrounding the Q symbol shall be removed. After the conditions of the T Tentative classification have been fulfilled, the symbol [T] shall be removed from the zone designation.
D Development Limitations.
(a) Purpose. Notwithstanding any provisions of Section 12.21.1 of this Code to the contrary, provisions may be made in an ordinance establishing or changing any Height District pursuant to Sec.
13B.1.4 (Zone Change) of Chapter 1A of this Code that a building or structure may be built to a specific maximum height or floor area ratio less than that ordinarily permitted in the particular Height District
classification; or that buildings may cover only a fixed percentage of the area of the lot; or that buildings be set back in addition to setbacks otherwise required by this Code. These limitations shall be known as D Development limitations.
(b) Findings. In establishing D limitations, the Council shall find that any or all the limitations are necessary:
(1) to protect the best interests of and assure a development more compatible with the surrounding property or neighborhood, and
(2) to secure an appropriate development in harmony with the objectives of the General Plan, or
(3) to prevent or mitigate potentially adverse environmental effects of the Height District establishment or change.
(c) Map Designation. The imposition of D Development limitations shall be indicated by the symbol D following the Height District designated on the Zone Map; for example, C2-1-L-D, R4-2-
D, RD1.5-1-VL-D, etc.).
(d) Permanence of D Development Limitations. D Development limitations shall not be affected by any failure to remove a (T) Tentative classification or the parentheses of a Q Qualified classification.
H. Amendments of the T Classification and Clarifications of the Q Classification or D Limitation.
- Application. A request for an amendment of Council’s instructions involving the T Classification or a clarification of a Q Classification or D Limitation set forth in an ordinance pursuant to Sec. 13B.1.4.
(Zone Change) of Chapter 1A of this Code may be filed by one or more of the owners or lessees of the subject property with the Department on a form accompanied by information required by the Department and by a fee as provided in Section 19.01.
- Guidelines. The City Planning Commission shall adopt guidelines for the Director to utilize in considering these requests. The City Planning Commission may amend the guidelines from time to time as it
deems appropriate.
Hearing. Proceedings for an amendment to Council instructions or a clarification need not be set for hearing.
Director’s Authority.
(a) Approval of Request. If the Director decides that the request complies with the City Planning Commission’s guidelines, then the Director may approve or conditionally approve a request subject to the findings below.
(b) Disapproval of Request. If the Director decides that the request does not comply with the City Planning Commission guidelines for considering requests for amendments or clarifications, the
Director shall deny the request. The decision of the Director that a request does not comply with the City Planning Commission guidelines shall be final.
5. Findings. The Director, or the City Council on appeal, shall approve an amendment or clarification if the Director or the City Council finds that:
(a) The request is consistent with the City Planning Commission guidelines; and
(b) The amendment or clarification is necessary in order to carry out the intent of the City Council in adopting the T or Q Classification or D Limitation; and
(c) The amendment or clarification would have only a minimal effect on adjacent property and would not result in a significant or substantial deprivation of the property rights of other property owners.
6. Notice of Decision.
(a) Notice. After making a decision pursuant to this subsection, the Director or City Clerk, as appropriate, shall notify the applicant in writing. Written notice shall also be mailed to the owners of all
property within and outside of the City that is within 300 feet of the exterior boundaries of the property involved, using for the purpose of notification the last known name and address of owners shown
upon the records of the City Engineer or the records of the County Assessor. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
(b) Expanded Notice.
(1) If all property within the 300-foot radius is under the same ownership as the property involved in the proceeding, then the owners of all property which adjoins the ownership, or is separated
only by a street, alley, public right-of-way or other easement, shall also be notified as provided in this subdivision.
(2) If these notice provisions will not result in notice being given to at least 20 different owners of at least 20 different parcels of property other than the subject property, then the 300-foot radius
for notification shall be increased in increments of 50 feet until the required number of owners, and parcels of property, are encompassed within the expanded area. Notification shall then be given to
all property owners within that area.
7. Effective Date of Decision. A decision of the Director pursuant to this subdivision shall become final and effective upon the close of the 20 day appeal period, if not appealed.
- Appeals of Director’s Decision. (Amended by Ord. No. 173,492, Eff. 10/10/00.) An applicant or any person aggrieved by a decision of the Director may appeal that decision to the City Council. The appeal shall be in writing and shall set forth specifically where there is error or abuse of discretion in the decision by the Director pursuant to this subdivision. The appeal shall be filed with the Department of City Planning and accompanied by a fee as provided in Section 19.01 of this Code. The City Council may approve, conditionally approve, or disapprove the appeal if it finds there is error or abuse of discretion in the determination by the Director. If the Council makes this decision, it shall make written findings pursuant to Subdivision 5. of this subsection. The decision of the City Council shall be final.
I. (This subsection intentionally left blank.)
J. F Funded Improvement Classification.
- Purpose. In consideration of a proposed change of zone pursuant to Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code, the Council may determine that public necessity, convenience or general welfare indicate rezoning for an area is desirable, but that street lighting and fire hydrants in the area are so lacking or inadequate that provision for these facilities shall be made prior to the more intensive use of the area contemplated by the zone change.
- Improvements. If the Council determines that provision should be made for street lighting, fire hydrants, or both, it shall designate the improvements. The ordinance changing the zone of the property
concerned may in addition to rezoning the property place it in an F or Funded Improvement classification pending installation of all designated street lighting and fire hydrants by the owners of the property, or payment of a pro rata share of the cost of improvement as estimated by the City Engineer. Unless otherwise determined by the Council, the entire area rezoned in each zone change case shall have its own separate Funded Improvement Account.
- Map Symbol. The F or Funded Improvement classification shall be indicated by the symbol F in parentheses immediately before the combination of symbols designation; for example, (F)R3-1.
- Issuance of Permits. While the property remains in an F Funded Improvement classification, and until the Department of Building and Safety has received notification from the Board of Public Works that
the required improvements have been installed to the satisfaction of the City Engineer, or that the pro rata share of the improvement charge has been paid to the City, or that the improvements are assured by an assessment district, the property may continue to be used only for the purposes permitted in the zone applicable to the property prior to its F Funded Improvement classification. No permits shall be issued, no buildings or structures shall be erected or constructed, and no land shall be used for any other purpose.
- Funded Improvement Accounts.
(a) Establishment. Unless otherwise determined by the Council, the Board of Public Works shall establish a separate Funded Improvement Account for each zone change area placed in the F Funded Improvement classification. Each account shall be maintained until the funds are expended to complete all the designated improvements in that the area, or until the Board of Public Works determines the account is no longer necessary.
(b) Unit Charges. The Board of Public Works shall establish one or more standard unit charge, based upon front footage, acreage, or other equitable measurements. The charges shall be estimated by the
City Engineer to be sufficient to reimburse the City for its cost of installation, materials, design, surveying, inspection, testing of materials, appurtenant work, and all other applicable costs. Unit charges may vary depending on geographic or other special conditions. Upon request, the City Engineer shall advise any property owner of the total charge for the installation of the required improvements, and the proportionate share of the charges for the property. In the event a property owner installs any of the improvements designated for the property, a proportionate adjustment of the pro rata improvement charge shall be made.
(c) Earlier Improvements. The Board of Public Works may authorize the earlier installation of certain of the designated improvements which are more urgently needed than the others when its Funded
Improvement Account contains sufficient funds to cover the cost of the improvements.
(d) Completion of Improvements. When 60% of the total estimated improvement charges have been collected in any Funded Improvement Account, the Board of Public Works may cause the
designated improvements for the area to be completed either by the City or by contract, using monies from the revolving fund established by Paragraph (e) below for the remainder of the costs, if sufficient amounts are available in it. Upon completion of all the designated improvements in a zone change area placed in the F Funded Improvement classification, the Funded Improvement Account for that area shall be terminated.
(e) Revolving Fund. There is hereby established the Funded Improvement Revolving Fund to be administered by the Board of Public Works, which shall be used to finance completion of improvements
in areas in the F Funded Improvement classification. The Council, after a report from the Board of Public Works, may appropriate monies to the Fund. The Board of Public Works shall periodically report to the Council on the operation of the Revolving Fund as well as any need for additional funds. When a Funded Improvement Account for a rezoned area has been terminated, all remaining pro rata improvement charges due as a prerequisite to obtaining building permits shall be paid into the Revolving Fund.
(f) Removal of F Classification. Each parcel of property shall remain in the F Funded Improvement classification until the owner has installed all designated improvements determined by the City Engineer to pertain to the property, or has paid the improvement charges, or the improvements have been completed or guaranteed under assessment proceedings, and the Board of Public Works has notified the Department of Building and Safety. Thereafter, each parcel shall no longer be designated as being within the classification and the F Funded Improvement designation shall be removed from the City records. A copy of the notification shall be furnished to the Department.
K. (Deleted by Ord. No. 182,242, Eff. 10/9/12.)
L. (Deleted by Ord. No. 182,242, Eff. 10/9/12.)
M. Changes of Zone Relating to Projects Subject to Section 12.24.1. In connection with a change of zone subject to the provisions of Section 12.24.1 of this Code, the ordinance changing the zone may provide that one or more of the uses permitted by that ordinance shall be exempt from the requirements of this Code.
N. Changes Incident to Self-Contained Communities.
- Agricultural Zones. Where property is in an A1, A2 or RA Zone, a proposed plan for the development of a new self-contained community with a town lot subdivision design may be submitted to the
Commission for its consideration, provided the plan indicates that adequate provision is made for school and playground sites, municipal facilities, utilities and other services.
- Subdivision Map Required. If the Commission finds that the location and plan of the proposed community are tentatively acceptable, it shall initiate the zone changes which may be necessary for the
completion of the plan. After holding the public hearing required in connection with the proposed zone changes, the Commission may approve the plan including the proposed zone changes, but the approval shall be subject to the filing and recordation of a subdivision map conforming to the plan. If the self- contained community plan and the proposed zone changes are approved by the Commission, the plan and the proposed zone changes shall be submitted to the Council for its consideration. If the Council concurs in the action of the Commission, the ordinance required to effect the changes shall be presented to the Council only after a tentative subdivision map has been submitted to and approved by the Council.
O. Establishment or Change of H Hillside Areas.
Procedure. Whenever the public necessity, convenience or general welfare justify the action, the Council by ordinance may create or change the boundaries of an H Hillside Area. The fees to be paid and the procedure to be followed shall be the same as prescribed in Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code for a change of zone. However, where the establishment or change of an H Hillside Area is initiated by the Council or the Commission and consists of a parcel or parcels of land totaling in excess of 20 acres, publication in a newspaper of general circulation, designated by the City Clerk for official advertising in the area involved, not less than 24 days prior to the date of the public hearing, giving notice of the time, place and purpose of the hearing shall be sufficient notice of the hearing, and the mailing of individual notices shall not be required.
Exception. Where the Commission initiates a change of zone from the R1-H to the RE15-H zone on property generally described in Subdivision 3. of this Subsection, publication in a newspaper of general circulation, designated by the City Clerk for official advertising in the area involved, at least 24 days prior to the date of the public hearing, giving notice of the time, place and purpose of the hearing shall be sufficient notice, and the mailing of individual notices shall not be required.
Boundaries. Sunset Boulevard from Pacific Coast Highway to Western Avenue, Western Avenue and its northerly extension to the common city boundary line between Los Angeles City and the City of
Glendale, westerly on the City boundary line from the northerly extension of Western Avenue to Lankershim Boulevard, southerly on Lankershim Boulevard to Ventura Boulevard, westerly on Ventura Boulevard from Lankershim Boulevard to the westerly City boundary line, southerly on the westerly City boundary line to Pacific Coast Highway, and easterly on Pacific Coast Highway to Sunset Boulevard.
P. (This subsection intentionally left blank.)
Q. (This subsection intentionally left blank.)
R. Building Lines.
Purpose. It is the purpose of this article to provide regulations for the establishment, change or removal of building lines along any street or portion of a street in order to provide for the systematic execution of the General Plan; to obtain a minimum uniform alignment from the street at which buildings, structures or improvements may be built or maintained; to preserve the commonly accepted characteristics of residential districts; to protect and implement the “Highways and Freeways Element of the General Plan”; to provide sufficient open spaces for public and private transportation; to facilitate adequate street improvements; to prevent the spread of major fires and to facilitate the fighting of fires; and to promote the public peace, health, safety, comfort, convenience, interest and general welfare.
Procedures for Establishment, Change or Removal of Building Lines. Except for the provisions below, the procedures set forth in Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code shall be used for the establishment, change or removal of building lines.
(a) Initial Decision-Maker. Area Planning Commissions shall have the authority to make recommendations on building line ordinances.
(b) Notice. Notwithstanding the notice requirements of Sec. 13B.1.4 (Zone Change) of Chapter 1A of this Code, the following notice shall be required for actions on building lines:
(1) By Mailing Notices: A written notice shall be mailed at least 24 days prior to the date of the hearing to the applicant, to the owner or owners of the property involved and to the owners of
properties abutting that portion of the street on which the building line is to be established, changed or removed. The written notice shall be mailed to the last known name and address of the owners as shown upon the records of the City Engineer or the records of the County Assessor; or
(2) By Posting Notices on the Street Affected: The Board of Public Works shall be notified whenever a public hearing on a building line proceeding is set. The Board shall cause copies of the
notice of the public hearings to be posted within 20 days after receiving the notification and at least 24 days prior to the date set for public hearing. The Board shall post at least three notices, not
more than 300 feet apart, in front of each block or part of a block along the street involved in the building line proceeding.
(c) Public Hearing for Certain Building Line Actions. Notwithstanding the provisions of Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code, no separate public hearings will be required for the
establishment, change or removal of a building line when it is incidental to subdivisions or zone changes as specified in Paragraphs (e) and (f) of this Subdivision.
(d) Action on Building Line Change. The procedures in Sec. 13B.1.4. (Zone Change) of Chapter 1A of this Code shall be used for establishment or change to a building line.
(e) Building Line Incident to Subdivision. In connection with the consideration of a tentative subdivision map by the Advisory Agency, the Advisory Agency may recommend to the Area Planning Commission or the City Planning Commission, whichever is considering the matter, the establishment, change or removal of a building line on streets within the subdivision, if the Advisory Agency finds it is necessary for the proper development and use of the lots or to achieve any purpose set forth in Subdivision 1. of this Subsection. The recommendation shall be in the form of a written report. Upon the receipt of the report, the Commission shall advise the subdivider that the proposed building line matter will be considered at a regular Commission meeting. The meeting shall constitute the required public hearing and no further notice need be given. If the Commission approves the establishment, change or removal of a building line, an ordinance in conformity with that recommendation shall be presented to the Council for adoption concurrently with its action on the final subdivision tract map.
(f) Building Line Incident to Zone Change. In connection with its hearing and consideration of a proposed zone change, the Area Planning Commission or the City Planning Commission may also
consider the establishment, change or removal of a building line on the property involved or on adjoining property under the same ownership as the property involved in the zone change proceeding. If the Commission finds that it is necessary to establish, change, or remove a building line in order to give proper effect to the zoning proposed in the proceeding, or to achieve any purpose set forth in Subdivision 1 of this Subsection, the Commission may act upon the building line matter simultaneously with the zone change proposal. Only one notice of public hearing need be given concerning the proposed zone change and the building line proceeding and both matters may be considered at the one public hearing. If the Commission approves the establishment, change or removal of a building line, an ordinance in conformity with that recommendation shall be presented to the City Council for adoption concurrently with the ordinance involving the proposed zone change.
(g) Notification to Building and Safety. The Department of Building and Safety shall be notified relative to an initial City Council or Area Planning Commission approval of a building line proceeding,
and whenever the proceeding is terminated by the City Council.
Building Permits Shall Not Be Issued During Proceedings. After the approval of a building line proceeding by the Area Planning Commission or by the Council upon an appeal from a disapproval, and until the time the ordinance establishing, changing or removing a building line in the proceedings becomes effective, or until the time the proceedings are terminated by the City Council, no building permit shall be issued for the erection of any building, structure or improvement between any proposed building line and the street line, and any permits so issued shall be void.
- Compliance. After the effective date of any ordinance establishing a building line, no person shall build or maintain any building, structure, wall, fence, hedge or other improvement within the space between
the street line and the building line so established, and the Department of Building and Safety shall refuse to issue any permit for any building, structure or improvement within that space.
Exceptions – Nonconforming Buildings.
(a) Permitted Projections. Any improvements or projection permitted in a front yard, or in a side yard adjoining a street by Section 12.22 C.20. of Article II, may extend or be located in the same manner
in the space between an established building line and the adjacent street line. Further, a marquee may extend into the space between an established building line and the adjacent street line a distance of not more than 12 feet from the face of the building to which it is attached, providing the building be lawfully devoted to a business use.
(b) Nonconforming Buildings. A nonconforming building, structure or improvement may be maintained except as otherwise provided in Sections 12.23 A. and 12.23 D.
(c) Subsurface Improvements. The provisions of this article do not apply to buildings, structures or improvements located below the natural or finished grade of a lot whichever is lower.
(d) Street Vacation. Any building line existing along a public street hereafter vacated shall be deemed automatically removed when the City Council makes its order of vacation unless the order of
vacation provides otherwise.
(e) Enforcement. The provisions of Div. 13B.10. (Department of Building and Safety) of Chapter 1A of this Code concerning enforcement of the zoning regulations shall also apply to the enforcement
of the provisions of this article.
S. Supplemental Use Districts. (Amended by Ord. No. 181,412, Eff. 1/2/11.)
Purpose. The purpose of Article 3 of this chapter is to regulate and restrict the location of certain types of uses whose requirements are difficult to anticipate and cannot adequately be provided for in the “Comprehensive Zoning Plan”. These uses, the boundaries of the districts where they are permitted, the limitations governing their operations, and the procedure for the establishment of new districts, are provided for in Article 3 of this chapter. Except for the “Supplemental Uses” permitted by Article 3 of this chapter, all property within the districts hereby established is subject to the provisions of the “Comprehensive Zoning Plan”.
2. Districts. (Amended by Ord. No. 188,081, Eff. 2/5/24.) In order to carry out the provisions of this article, the following districts are established:
“O” Oil Drilling District
“S” Animal Slaughtering District
“G” Surface Mining District
“RPD” Residential Planning Development District
“K” Equinekeeping District
“CA” Commercial and Artcraft District
“POD” Pedestrian Oriented District
“CDO” Community Design Overlay District
“MU” Mixed Use District
\ “FH” Fence Height District
“SN” Sign District
“TON” Transportation Communication Network District
“RFA” Residential Floor Area District
“NSO” Neighborhood Stabilization Overlay District
“CPIO” Community Plan Implementation Overlay District
“HS” Hillside Standards Overlay District
“MPR” Modified Parking Requirement District
“RIO” River Improvement Overlay District
“CUGU” Clean Up Green Up Overlay District
“RG” Rear Detached Garage District
“HCR” Hillside Construction Regulation DistrictThese districts and their boundaries are shown on portions of the “Zoning Map” as provided for in Section 12.04 and made a part thereof by a combination of the zone and district symbols. This map and the
notations, references and other information shown on it which pertain to the boundaries of these districts are made a part of this article as if fully described here. Reference is hereby made to those maps, notations,references and other information for full particulars.
Establishment of Districts.
(a) Requirements. The procedure for initiation or an application to establish, change the boundaries of or repeal a supplemental use district shall be as set forth in Sec. 13B.1.4. (Zone Change) of Chapter
1A of this Code with the following additional requirements.
(b) (Repealed by Ord. No. 188,081, Eff. 2/5/24, Oper. 1/22/24.)
(c) Action on the Initiation or Application.
(1) Authority. Notwithstanding the provisions of Subsection C., only the City Planning Commission is authorized to make recommendations regarding approval or disapproval in whole or in part on an application for or the initiation of the establishment of a supplemental use district to the Council.
(2) Notice. Notice of the public hearing shall also be given to the Bureau of Engineering and Department of Transportation for an application or initiation to establish a supplemental use district.
(3) (Repealed by Ord. No. 188,081, Eff. 2/5/24, Oper. 1/22/24.)
(4) Disapproval – Appeal to Council. If the City Planning Commission recommends disapproval of an application, in whole or in part, any owner or lessee of property included in a proposed district may appeal that decision to the Council by filing an appeal with the City Planning Commission pursuant to the procedure set forth in Subsection D. of this section.
- Administrative Clearance – Director Authority for Sign Off. See Sec 13B.3.1. (Administrative Review) of Chapter 1A of this Code.
SEC. 12.33. PARK FEES AND LAND DEDICATION.¶
(Title and Section Amended by Ord. No. 184,505, Eff. 1/11/17.)
A. Purpose. New residential dwelling units increase demand on existing park and recreational facilities and create the need for additional facilities. The purpose of this Section is to enable the acquisition of land and the collection of fees to be used for the purpose of developing new or rehabilitating existing recreational facilities in order to create a healthy and sustainable city.
B. Types of Fees. The type and amount of park and recreation impact fee associated with a project depends on the type of project being developed. Subdivision projects consisting of more than 50 residential units are subject to a Quimby in-lieu fee. All other residential projects are subject to a park mitigation fee. Collectively, these fees are referred to in this Code as park fees.
C. Subject Properties. All new residential dwelling units and joint living and work quarters shall be required to dedicate land, pay a fee or provide a combination of land dedication and fee payment for the purpose of acquiring, expanding and improving park and recreational facilities for new residents. For the purposes of this subsection, dwelling units, Accessory Dwelling Units, Junior Accessory Dwelling Units, and joint living and work quarters shall be referred to as “dwelling units” or “residential dwelling units”. (Amended by Ord. No. 186,481, Eff. 12/19/19.)
- Residential Subdivision Projects That Contain More Than 50 Dwelling Units. A subdivision containing more than 50 dwelling units shall be required to participate in an early consultation with the
Department of Recreation and Parks and Department of City Planning pursuant to Subsection D. and may be required to dedicate land, make park improvements, pay a park fee or provide a combination of land dedication and park fee payment.
- All Other Residential Projects. For residential subdivision projects containing 50 or fewer dwelling units or for non-subdivision residential projects that are seeking a building permit for a project application
that contains any number of net new dwelling units, the project shall pay a park fee pursuant to Subsection E. Applicants may choose to dedicate land or new park and recreational facilities, and/or improve existing park and recreational facilities in lieu of payment of a park fee.
Exemptions. The following types of development shall not be required to pay a park fee:
(a) Alterations, renovations or expansion of an existing residential building or structure where no additional dwelling units are created.
(b) Replacement of existing dwelling units on the same lot resulting in no net increase of residential dwelling units.
(c) The replacement of a destroyed or partially destroyed or damaged building or structure where no additional dwelling units are created.
(d) Affordable housing pursuant to Subsection G. of this Section.
(e) Accessory Dwelling Units and Junior Accessory Dwelling Units. (Amended by Ord. No. 186,481, Eff. 12/19/19.)
(f) Non-residential development.
D. Residential Subdivision Projects That Contain More Than 50 Dwelling Units.
Early Consultation. Applicants shall meet with the Department of Recreation and Parks and Department of City Planning staff in advance of submitting a tract map application for a project of more than 50 units. The purpose of this early consultation is to discuss whether the City requires land dedication for the project and/or to discuss credits available to the applicant, if any. The Department of Recreation and Parks shall provide written verification of the consultation to the project applicant within ten (10) business days of the meeting. Written verification of this consultation shall be required before the Department of City Planning accepts an application for a tentative tract map.
Formula for Park Land Dedication.
(a) The Department of Recreation and Parks shall calculate the amount of land to be dedicated by determining the number of non- exempt (per Section 12.33 C.3.) net new dwelling units in the proposed
project and multiply that number by the average number of people per occupied dwelling unit and multiplying that by the park service factor:
LD = (DU x P) x F
LD: Land to be dedicated in acres.
DU: Total number of new market-rate dwelling units.
P: Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. Census for the City of Los Angeles. F: Park service factor, as indicated by the Department of Recreation and Parks rate and fee schedule.
(b) Any land dedication for park and recreation purposes shall not be deducted from a site’s gross lot area for the purposes of calculating project density, lot area, buildable area or floor area ratio.
(c) If after recording the final map there is an increase in the number of dwelling units to be built or a change in the number and/or type of dwelling units designated which increases the number of persons
served by the subdivision, the project applicant shall be required to dedicate additional land and/or pay additional fees, as determined by the Department of Recreation and Parks and the City Planning
Department.
Park Land Dedication Radius. Any land dedication for park and recreation purposes shall be located within a certain radius from the project site, as specified below:
(a) Neighborhood Park: within a 2-mile distance
(b) Community Park: within a 5-mile distance
(c) Regional Park: within a 10-mile distance
Review of Land Dedication.
(a) Upon receiving the project application for the tentative tract map, the Department of City Planning shall transmit the project application with land dedication to the Department of Recreation and Parks.
(b) After receipt of the project application, the Department of Recreation and Parks shall determine whether the land dedication proposal complies with the Department of Recreation and Park’s existing
park and recreation standards and requirements.
(c) If the Department of Recreation and Parks determines that the land dedication proposal meets the standards and requirements of the department, the General Manager of the Department of Recreation
and Parks shall prepare a report to the Board of Recreation and Parks Commissioners regarding the proposed dedication. The Board of Recreation and Parks Commissioners may accept or decline the land dedication.
- Payment of Park Fee. If the project will not be dedicating land for park and recreational purposes, the project applicant shall pay a park fee pursuant to Subsection E. of this section.
E. Park Fees for Non-Subdivision Residential Projects, Residential Subdivisions With 50 Units or Fewer, or Residential Subdivisions With More Than 50 Units That Are Not Dedicating Land.
Fees and Fee Schedule. The park fee amount depends on the type of project. The Department of Recreation and Parks shall collect these fees pursuant to Section 19.17 and the Department of Recreation and Parks rate and fee schedule.
Fee Calculation. The Department of Recreation and Parks shall calculate the amount of the park fee due for each residential development project by determining the number of new non-exempt (pursuant to Section 12.33 C.3.) dwelling units in the proposed project and multiplying the number of units by the park fee amount per dwelling unit according to the following formula:
Project Park Fee = DU x PRF
DU: Total number of new, non-exempt (per Section 12.33 C.3.) dwelling units. PRF: Park Fee per unit.
Fee Expenditure Radius. Recreational sites and facilities shall be located within a certain radius from the project site, as specified below:
(a) Neighborhood park: within a 2-mile distance.
(b) Community park: within a 5-mile distance.
(c) Regional park: within a 10-mile distance.
Phase-in Period. The park fee shall be phased in as described in Section 19.17 of this Code.
Indexing. Any fee imposed by this section shall be adjusted on July 1st of each year by a percentage equal to a weighted average of: (1) the percentage change in the Construction Cost Index for Los Angeles, as published by Engineering News-Record, or its successor publication, for the 12-month period between March in the year in which the adjustment is made and the month of March in the immediately preceding year; and (2) the percentage change in the Federal Reserve Economic Data All-Transactions House Price Index for Los Angeles-Long Beach-Glendale, CA (MASD) as published quarterly by the Federal Reserve Bank of St. Louis, or its successor publication, from the fourth calendar quarter most recent to the year in which the adjustment is made to the fourth calendar quarter immediately preceding it. (Amended by Ord. No. 188,475, Eff. 3/10/25.)
Fee Payment Timing.
(a) Residential Subdivision Projects. The park fee for residential subdivisions shall be calculated and collected prior to final subdivision map approval.
(b) Residential Non-Subdivision Projects. For other residential development projects, the park fee shall be calculated and collected prior to the issuance of the Certificate of Occupancy.
F. Park Fee as Additional Requirement. The park fee enacted by this Section is a fee imposed on residential development projects reflecting each project’s proportionate share of the cost of providing park land and improvements necessary to meet the needs created by each respective development. As such, the park fee is additional and supplemental to, and not in substitution of, on-site open space requirements required by the City’s Municipal Code, specific plan(s), or any other planning document, such as those included in Section 12.21.
G. Affordable Housing Exemption.
- Notwithstanding any other provision contained in this section, new residential dwelling units which are rented or sold to persons or households of very-low, low or moderate income shall receive an affordable
housing exemption from the park fee and land dedication requirement.
(a) An affordable housing unit shall receive an exemption from the requirement for dedication of land for park and recreational purposes and/or payment of the park fee if the affordable housing unit is
affordable to a household at or below 120% of AMI.
(b) In projects with a mix of market-rate and affordable housing units, only the affordable housing units shall receive this exemption.
- For any affordable housing unit qualifying for an exemption, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that the
affordability criteria will be observed for at least 55 years from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
- The Los Angeles Housing Department shall evaluate the project application to ensure it meets the above requirements and shall advise the Department of Recreation and Parks and the Department of City
Planning about whether the project meets those requirements. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
- Should any qualifying affordable housing unit cease to operate as a qualifying affordable housing unit before the 55-year period has expired, then the parks fee for each said unit shall be paid to the City at the
then current rate.
H. Credits.
Public Land Dedication or Improvement to Dedicated Land.
(a) Public Land Dedication. In lieu of paying the park fee, land may be dedicated to the City of Los Angeles for public park and recreational purposes, at the City’s option. This may be with or without
recreational facility improvements. The amount of land to be dedicated shall be determined pursuant to one of the following formulas, and credit shall be granted, square foot for square foot, for any land dedicated to the City:
Subdivision Projects:
LD = (DU x P) x F1
LD: Land to be dedicated in acres. DU: Total number of net new, non-exempt (per Section 12.33 C.3.) dwelling units. P: Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. Census for the City of Los Angeles. F1: Park service factor for subdivision projects, as indicated by the Department of Recreation and Parks rate and fee schedule.
Non-Subdivision Projects:
LD = (DU x P) x F2
LD: Land to be dedicated in acres. DU: Total number of net new, non-exempt (per Section 12.33 C.3.) dwelling units. P: Average number of people per occupied dwelling unit as determined by the most recent version of the U.S. Census for the City of Los Angeles. F2: Park service factor for non- subdivision projects, as indicated by the Department of Recreation and Parks rate and fee schedule.
(b) Improvement to Dedicated Land. In lieu of paying the park fee or dedicating land, the City may permit improvements to be made to land being dedicated as a City park or recreational facility.
(c) The total amount of credits shall not exceed 100 percent of the calculated requirement for the park fee or land dedication.
(d) Credit shall be granted for the property dedicated pursuant to this Section, dollar for dollar, in satisfaction of any park fee required to be paid. The cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by RSMeans Building Construction Cost Data or similar measure. Credits may be awarded for on-site or off-site land dedication and/or park improvements.
(e) The Department of Recreation and Parks shall determine whether the proposal complies with the department’s park and recreational standards and requirements. If the department determines the
proposal meets the department’s standards and requirements, the General Manager of the Department of Recreation and Parks shall prepare a report to the Board of Recreation and Parks Commissioners regarding the proposed dedication or improvement. The Board of Recreation and Parks Commissioners may accept or decline the land dedication, new park and recreational facility, or improvement to existing park and facilities.
(f) If the dedication and/or improvement is accepted by the Board of Recreation and Parks Commissioners in lieu of the park fee or land dedication, or any portion thereof, the City shall reduce or waive
the fee, or land dedication, or any portion thereof, upon dedication of the property and/or guarantee of the improvement. The guarantee of the improvement shall be to the satisfaction of the Department of
Recreation and Parks and shall be by a deposit with the Department of Recreation and Parks of an irrevocable deposit instrument issued by a bank, savings and loan association or other depository whose deposits are insured by an instrumentality of the federal government. The deposit must be fully insured by such instrumentality. The deposit instrument must be in a form that permits collection by the City of Los Angeles at maturity without further consent of any other party.
- Privately Owned Park and Recreational Facilities. Where facilities for park and recreational purposes are provided in a proposed residential development and such facilities will be privately owned and
maintained by the future owners of the development, the areas occupied by such facilities shall be partially credited against the requirement of dedication of land for park and recreational purposes of the payment of a park fee thereof, provided that the following standards are met to the satisfaction of the Department of Recreation and Parks: (1) that each facility is available for use by all the residents of the residential development; and (2) that the area and the facilities satisfy the recreation and park needs of the residential development so as to reduce the need for public recreation and park facilities to serve the project residents.
(a) The amount of credits for non-publicly accessible park and recreational facilities shall not exceed 35 percent of the calculated requirement for the park and recreation impact fee or land dedication.
Credits may be awarded for on-site or off-site private facilities.
(b) The amount of credits for publicly accessible, privately maintained park and recreational facilities shall not exceed 100 percent of the calculated requirement for the park and recreation impact fee or
land dedication. Credits may be awarded for on-site or off-site private facilities.
(c) Private park and recreational facilities shall include a variety of active and passive amenities, as determined by the Department of Recreation and Parks.
(d) Credit shall be granted, dollar for dollar, for any recreational and park impact fees required to be paid for the property pursuant to this Section, as determined by the Department of Recreation and
Parks. The cost and subsequent credit should bear a reasonable relationship to an independent assessment of the construction cost for the facility, such as the estimates provided by RSMeans Building Construction Cost Data or similar.
(e) Credits shall not be given for the following:
(1) Yards, court areas, setbacks and other open space areas required to be maintained by the City’s Municipal Code, specific plan or any other planning document.
(2) Common open space and/or private open space required by the City’s Municipal Code, specific plan(s), or any other planning document, such as those included in Section 12.21.
(f) The granting of credits shall also be subject to the following:
(1) The private ownership and maintenance of the facilities shall be adequately provided for by written agreements; and
(2) The use of the private facilities, whether publicly or non-publicly accessible, is restricted for park and recreational purposes by recorded covenants acceptable to the Department of Recreation
and Parks which run with the land and which cannot be defeated or eliminated without the consent of the City Council; and
(3) The proposed facilities are reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and
(4) The proposed non-public facilities are available for use by all the residents of the proposed residential development; and
(5) Any proposed publicly- accessible, privately-maintained park and recreational facilities are accessible for use by the general public with no discrimination between residents and non-residents, are open at hours comparable to those of City parks and facilities, and have appropriate signage indicating that the space is public; and
(6) The facilities are in substantial accordance with, and meet the policies and standards for, the development of park and recreational facilities.
- Dwelling Unit Construction Tax Credit. A credit shall be allowed whenever a dwelling unit construction tax previously has been paid pursuant to Section 21.10.3 of the Municipal Code for dwelling units
constructed on land for which a fee is required to be paid in accordance with the provisions of this Section. Said credit shall be equal to the amount of the tax previously paid, but shall not exceed the amount of any fee required to be paid under the provisions of this Section.
- Credit Request Timing. The project applicant shall submit any requests for credit, and the Department of Recreation and Parks may only approve such requests, prior to the approval of the Final Map or prior to the date of final inspection, or the date of the Certificate of Occupancy, whichever is earliest and applicable, and prior to the dedication of any land or payment of any park fee.
I. Park Fee Account and Accounting.
Park Fee Account. The City of Los Angeles establishes a separate park and recreation fee trust fund account (hereinafter “account”) to which any park fee collected by the City shall be posted. The funds of the account shall not be commingled with any other funds or revenues of the City. Any interest accrued by the account shall be used solely for the purposes of park and recreational facility acquisition, expansion and improvement.
Park Fee Accounting. Within 180 days after the last day of each fiscal year, the Department of Recreation and Parks shall report to the Board of Commissioners of Recreation and Parks on the amount of the fee income (including interest income), expenditures, status of the trust fund account, and intrafund transfers. The Department of Recreation and Parks shall also report on each of the park and recreational facilities on which fees were committed in the last fiscal year and the approximate date by which the construction of the park and recreational facilities will commence. The City shall maintain accounts and prepare reports in accordance with California Government Code Section 66001 or successor section.
Refund of Fees Under the Government Code.
(a) Park fees collected pursuant to this section shall be committed by the City within five years of receipt of payment for a residential development project to serve or benefit residents of the project for
which the fees were collected.
(b) If the fees are not committed as specified in this section, Quimby fees shall be refunded in accordance with California Government Code Section 66477 or successor section. All other park fees shall be refunded in accordance with California Government Code Section 66001 or successor section.
- Other Refunds. In the event that an applicant requests a refund for reasons not set forth in Government Code Sections 66001 or 66477, or their successor sections, if any, the applicant shall submit a claim for a refund with the Department of Recreation and Parks. Upon the department’s determination, the fee payer may receive a refund, without interest, of the fees paid pursuant to this section; however, the portion of any fee revenue received by the City as reimbursement of its costs in administering the provisions of this section shall not be refunded. The fee payer shall submit an application for a refund to the City within one year of payment. Failure to timely submit the required application for refund shall constitute an absolute waiver of any right to the refund.
J. Use of Park Fees or Lands Dedicated Pursuant to this Section.
1. The dedicated lands or park fees collected pursuant to this section shall be used for the acquisition, improvement and expansion of public parks and recreational facilities. The fees shall be committed and
expended in accordance with the provisions and procedures established in this section. The park fee may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations
issued by, or on behalf of, the City to finance such park and recreational facility improvements; and any administrative costs incurred by the City in accordance with this section.
2. Interest accrued on Quimby in-lieu fees collected pursuant to this section may be applied outside the project development for which the original fees were collected, provided that the Department of
Recreation and Parks holds a public hearing prior to committing the interest, and uses the interest to develop new or rehabilitate existing neighborhood or community parks or recreational facilities within the City.
All such public parks and recreational facilities shall comply with the principles and standards set forth in the General Plan.
3. All such public parks and recreational facilities shall comply with the principles and standards set forth in the General Plan.
4. The park or recreational facilities acquired, improved or expanded shall be publicly accessible and serve or benefit the project that dedicated the land or paid the fees.
K. Effective Date.
This ordinance shall take effect on the 60th day following its adoption.
Any park fee paid prior to the effective date of this ordinance shall not be recalculated pursuant to the provisions of this ordinance.
Any project that would otherwise be subject to a park fee pursuant to this section but has acquired vested rights under Section 12.26 A.3. of this Code prior to the effective date of this ordinance, and/or has an approved vesting tentative map pursuant to Section 17.15, the application for which has been deemed complete prior to the effective date of this ordinance, shall not be subject to a park fee.
- Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit project where the park fee has not yet been paid and a Certificate of Occupancy has not been issued by the Department of Building and Safety prior to the effective date of this ordinance shall not be subject to a park fee. (Added by Ord. No. 186,481, Eff. 12/19/19.)
L. Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
SEC. 12.34. APPLICATION OF PROVISIONS.¶
The provisions of this chapter shall apply to all buildings, structures or land owned, operated or controlled by any person, Corporation or to the extent permitted by law, governmental agency. (Amended by Ord. No. 142,870, Eff. 3/9/72.)
SEC. 12.35. ZONING OF ANNEXED OR UNZONED AREAS.¶
(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
All land or territory annexed to the City after the effective date of this section shall be immediately classified in the R1 Zone and in Height District No. 1 (R1-1) unless the Council specifically determines otherwise by ordinance. The Council may establish specific zoning by ordinance for land or territory to be annexed. The zoning ordinance may be adopted concurrently with the annexation. Unless the specific zoning is established by ordinance, the Zoning Map shall be amended to indicate the land or territory annexed as R1-1 without additional proceedings.
Any land or territory in the City which is not indicated on the Zoning Map as being in any zone shall be construed as being classified in the same zone as that existing on the side of the street opposite the subject land or territory, and the Zoning Map is hereby amended to indicate that zone without additional procedure.
In those portions of the City where height districts have been established, any land or territory which is not indicated on the Zoning Map as being in any height district shall be construed as being classified in the same height district as that existing on the side of the street opposite the subject land or territory, and the Zoning Map is hereby amended to indicate that height district without additional procedure.
Where uncertainty exists as to the zone or height district to be indicated on the map, the zone or height district shall be determined by the City Planning Commission by written decision.
SEC. 12.36. PROJECTS REQUIRING MULTIPLE APPROVALS. (CHARTER § 564).¶
(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
See Sec. 13A.2.10. (Multiple Approvals) of Chapter 1A of this Code.
SEC. 12.37. HIGHWAY AND COLLECTOR STREET DEDICATION AND IMPROVEMENT.¶
(Title amended by Ord. No. 150,799, Eff. 6/5/78.)
A. Requirement. No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot in any R3 or less restrictive zone (as such order of restrictiveness is set forth in Subsection B. of Section 12.23); or on any lot in the RD1.5, RD2 or RD3 Zones; if such lot abuts a major or secondary highway or collector street unless the one-half of the highway or collector street which is located on the same side of the center of the highway or collector street as such lot has been dedicated and improved for the full width of the lot so as to meet the standards for such highway or collector street provided in Subsection H. of this section; and further provided that in the case of either a corner lot or an L- shaped interior lot abutting a major or secondary highway and a local street which intersect, that one-half of the local street, on the same side of the center of said local street as such lot, has been dedicated and improved for that portion of said lot or lots within 300 feet of the ultimate property line of said highway so as to meet the standards for local streets provided in Subsection H. of this section and provide adequate right-turn ingress to and egress from the highway; or such dedication and improvement has been assured to the satisfaction of the City Engineer respectively. As used in this section, the Center/Control line of the arterial or collector street shall mean the center of those arterial or collector streets as shown on the Citywide Circulation System Map of the Circulation Element of the General Plan or, with respect to collector streets, on the adopted community plans of the Land Use Element of the General Plan on file in the offices of the Department of City Planning. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
- The maximum area of land required to be so dedicated shall not exceed 25% of the area of any such lot which was of record on March 1, 1962 in the Los Angeles County Recorder’s Office. In no event shall
such dedication reduce the lot below a width of 50 feet or an area of 5,000 square feet.
No such dedication for any highway, collector street or any other street shall be required with respect to those portions of such a lot occupied by a legally existing main building which is to remain.
No additional improvement shall be required on such a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto.
No building or structure shall be erected on any such lot after March 1, 1962 within the dedication required by Subsection H. of this section.
No dedication shall be required where the existing right-of-way is equal to or greater than the street standard, even where the improved sidewalk does not meet the standard dimension. (Amended by Ord.
No. 184,718, Eff. 3/4/17.)
Where the existing improved roadway meets or exceeds the street standard, no dedication shall be required except as necessary to bring the abutting sidewalk dimension into compliance with the street standard as depicted in the most recent version of the Bureau of Engineering’s standard plan number S470. (Added by Ord. No. 184,718, Eff. 3/4/17.)
Nothing herein shall preclude the decision maker on a discretionary entitlement from requiring a dedication or improvement greater than what is set forth in this section, if the decision maker determines that a greater dedication or improvement bears an essential nexus and rough proportionality to a project impact. (Added by Ord. No. 184,718, Eff. 3/4/17.)
For streets accompanied by a parallel frontage and/or service road and for streets designated as divided streets, existing roadway dimensions are deemed to be in compliance with the street standards and no additional dedication or improvement is required. A dedication for sidewalk improvement shall be required, however, as necessary to bring the abutting sidewalk dimension into compliance with the street standard.
(Added by Ord. No. 184,718, Eff. 3/4/17.)
Additional dedication and improvement requirements may be imposed in order to ensure compliance with the Americans with Disabilities Act. (Added by Ord. No. 184,718, Eff. 3/4/17.)
Notwithstanding the above, in order to obtain street consistency, the Bureau of Engineering on a by-right project, or the decision maker on a discretionary entitlement, may modify this section’s dedication
and improvement requirements for meandering streets or portions of streets that lack uniform roadway widths, including for divided streets, and streets accompanied by a parallel frontage and/or service road. (Added by Ord. No. 184,718, Eff. 3/4/17.)
The guidelines developed by Streets Standards Committees shall be consistent with the goals and purpose of the Transportation Element of the General Plan as determined by the City Planning Commission.
These guidelines shall also establish a procedure for notice to interested persons, including the Council-member of the district where the property is located.
B. Exceptions. (Amended by Ord. No. 172,315, Eff. 12/31/98.) The provisions of Subsection A. of this section shall not apply to the following construction projects:
One single-family dwelling with customary accessory buildings when erected on a vacant lot.
Additions and accessory buildings incidental to a legally existing residential building, provided no additional dwelling units or guest rooms are created.
Additions and accessory buildings incidental to a legally existing non-residential building, provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed 500 square feet.
C. Dedication Procedure.
- Any person required to dedicate land by the provisions of this section shall make an offer to dedicate, properly executed by all parties of interest including beneficiaries in deeds of trust as shown by a current
preliminary title report prepared by a Title Company approved by the City Engineer for that purpose. The trustee under a deed of trust shall not be required to execute the dedicatory instrument, unless, in the view of the City Engineer, such execution is necessary to satisfactorily dedicate the land. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the City Attorney and the City Engineer; be in such terms as to be binding on the owner, the owner’s heirs, assigns or successors in interest and shall continue until the City Council accepts or rejects such offer or until one year from the date such offer is filed with the City Engineer for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the City Council. The offer shall be recorded by the City Engineer in the Office of the County Recorder of Los Angeles County upon its acceptance by the City Engineer. The City Engineer shall accept or reject the offer for recordation within 10 days after it is filed with the City Engineer. The offer shall thereafter be promptly processed by the City Departments concerned and submitted to the City Council, in order to complete the dedication within one year. If the offer is rejected by the City Council or not processed within one year, the City Engineer shall issue a release from such offer which shall be recorded in the Office of the County Recorder unless the parties making the offer wish to have the time extended. (Amended by Ord. No. 152,425, Eff. 6/29/79, Oper. 7/1/79.)
D. Improvement Procedure.
- Any person required to make improvements by the provisions of this section shall either make and complete the same to the satisfaction of the City Engineer or shall file with the City Engineer a bond in such
an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required.
- Such bond may be either a cash bond or a bond executed by a company authorized to act as a surety in this State. The bond shall be payable to the City and be conditioned upon the faithful performance of any
and all work required to be done, and that should such work not be done or completed within the time specified, the City may at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State of California.
- Whenever the owner elects to deposit a cash bond, the City is authorized, in the event of any default on the owner’s part, to use any or all of the deposit money to cause all of the required work to be done or
completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.
- When a substantial portion of the required improvement has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the
owner’s control, the City Engineer may accept the completed portion and consent to a proportionate reduction of the surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.
- Whenever a surety bond has been filed in compliance with this section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all
damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.
- The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements
required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.
- For purposes of this section, improvement shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond provided for herein or the improvements required to be made
have been completed to the City Engineer’s satisfaction. When the City Engineer accepts the bond or the work has been completed to the City Engineer’s satisfaction, the City Engineer shall notify the Department of Building and Safety thereof.
E. Issuance Of Building Permits After Certification Of Dedication And Improvement. When all dedication and improvements required by this section have been completed or satisfactorily assured a building permit may be issued.
F. Fees. (Amended by Ord. No. 184,718, Eff. 3/4/17.) In addition to all other required fees, the following fees shall be charged for services provided for processing applications pursuant to the provisions of this section:
- A nonrefundable fee as set forth in Section 11.12 for every property requiring the City Engineer to investigate and determine whether the provisions of this section require a dedication of land or improvement
to land.
A fee as set forth in Section 11.12 for Bureau of Engineering services for processing real estate transfer documents for every property for which the provisions of this section require a dedication of land.
A nonrefundable fee paid to the Department of City Planning pursuant to Section 19.01 G. (Commission or Director Approvals) for processing waiver requests pursuant to the provisions of Subsection I. of
this section. (Amended by Ord. No. 188,796, Eff. 2/23/26.)
- A nonrefundable fee paid to the Department of City Planning pursuant to Section 19.01 B.3. (Street Dedication Appeal Fees) for processing appeals pursuant to the provisions of Subsection I. of this section.
(Amended by Ord. No. 188,796, Eff. 2/23/26.)
G. Lots Affected By Street Widening. (Amended by Ord. No. 125,340, Eff. 9/23/63.) On a lot which is affected by street widening required by the provisions of this section all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by said widening; provided, however, that for the purpose of establishing the required front yard depth on a frontage where the ultimate street line has been determined under the provisions of this section, the depths of all existing front yards may be measured from such ultimate street line instead of the front lot line.
In applying all other provisions of this Article, the area of such lot shall be considered as that which existed immediately prior to such required street widening.
H. Improvement Standards. (Amended by Ord. No. 150,799, Eff. 6/5/78.)
- All arterial and collector streets shall be constructed and improved in accordance with the standards adopted by the City Planning Commission pursuant to LAMC 17.05 B. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
- (Amended by Ord. No. 173,217, Eff. 6/11/00.) All streets not designated major or secondary highways or collector streets, but that intersect said highways, shall be dedicated to a maximum width of sixty (60) feet. Roadway and parkway widths shall conform to those standards adopted by the City Planning Commission in accordance with LAMC 17.05 B., depending upon street classification type. Whenever uncertainty exists as to the application of the provisions of this section, or in instances of streets so classified as requiring less than 60 feet of dedication in order to conform to the minimum width standards as adopted in accordance with Section 17.05 B. of this Code, the City Engineer shall make any necessary determinations. 3. All improvements required to be made by the provisions of this subsection shall be done in accordance with the current applicable provisions of the Standard specifications for Public Works Construction adopted by the City Council. 4. The City Engineer may approve and allow such variations from the aforesaid requirements as the City Engineer determines are made necessary by the conditions of the terrain and the existing improvements contiguous to the property involved.
I. Waiver and Appeals. (Amended by Ord. No. 184,718, Eff. 3/4/17.)
- This subdivision shall constitute the exclusive mechanism for waivers and appeals of dedication and improvement requirements under this section. Waivers of dedication or improvement requirements may not
be granted by City Council motion.
- Waivers for By-Right Projects. Any person seeking a waiver of this section’s dedication or improvement requirements for a project that does not require a discretionary entitlement shall file an application
for a waiver with the Director of Planning.
(a) Notice. Within 10 calendar days of the receipt of an application for a waiver, the Director shall mail notice of the requested waiver to the following individuals and entities with a notice that all
comments shall be submitted to the Director no later than 14 calendar days following mailing of the notice:
(1) Owners of property across the street or alley from the subject property;
(2) Owners of property with frontage along the same street that has a common corner with or that abuts the subject property;
(3) Owners of property with frontage along the same street that has a common corner with or that abuts any properties listed in Subparagraphs (1) and (2) above;
(4) The Council member of the district where the subject property is located; and
(5) The Department of Transportation and Bureau of Engineering.
(6) Notification pursuant to this section shall also be provided to Advisory Agency members for waivers that requires the modification of a Map.
a. Any person seeking a waiver that requires a modification of a Map shall submit a map modification request and payment of map modification fees to the Bureau of Engineering as required by Section 17.11.
(b) Findings. The Director may waive, reduce or modify the required dedication or improvement as appropriate after making any of the following findings, in writing, based on substantial evidence in the record:
(1) The dedication or improvement requirement does not bear a reasonable relationship to any project impact.
(2) The dedication or improvement is not necessary to meet the City’s mobility needs for the next 20 years based on guidelines the Streets Standards Committee has established.
(3) The dedication or improvement requirement is physically impractical.
(c) Written Determination. The Planning Director shall issue a determination regarding the request no sooner than 15 calendar days following mailing of the notice described above, and no later than 75
days from receipt of the waiver application, or within any additional period mutually agreed upon by the applicant and the Planning Director. The Planning Director shall mail the determination letter to all individuals to whom notice of the application was provided.
(d) Appeal. Any person required to dedicate land or make improvements pursuant to this section may appeal the Planning Director’s decision to the Area Planning Commission. The appeal shall be filed
within 15 calendar days of the date of mailing of the Planning Director’s determination letter. Such appeal shall be made in writing, shall be filed at the Department of City Planning’s public counter, shall state in clear and concise language the grounds for the appeal, and shall be accompanied by a filing fee in the amount specified above.
(1) Before acting on any appeal, the Area Planning Commission shall set the matter for a hearing, giving at least 15 calendar days’ notice to the individuals identified in Paragraph 2.(a) above.
(2) On appeal, the Area Planning Commission shall consider the waiver request de novo based on the findings set forth in Subdivision 2.(b) above. The Area Planning Commission shall act to
approve or deny the appeal within 75 calendar days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the Area Planning Commission.
- Waivers for Discretionary Projects. For projects that require a discretionary entitlement, an applicant shall file a waiver request as part of the master land use application or subdivider’s statement for the
project. In such case, the decision maker for the discretionary entitlement shall process the waiver request pursuant to the procedures established for the discretionary entitlement, but may only grant a waiver after making one of the required findings set forth in Subdivision 2.(b) above. The waiver request must be set forth in the application filed with the Department of City Planning, and may not be raised for the first time at the hearing on the entitlement or at any entitlement appeal hearing. The applicant may appeal the waiver determination pursuant to the same procedures that govern the entitlement; except in the case of projects that include a tentative map, the waiver determination is subject to only one level of appeal. On appeal, the decision maker shall consider the waiver request de novo based on the findings set forth in Subdivision 2. (b) above.
If the discretionary entitlement(s) for a project have already been approved prior to the effective date of this ordinance, an applicant may apply for a waiver following the procedures for waivers for by-right
projects set forth above.
- Waivers for a Map Modification. Notwithstanding the Parcel, Tentative or Final Tract Map modification procedures set forth in 17.11, 17.14, 17.53 or 17.59, projects that have an approved and/or recorded
Map and where the street standards for which the original dedication and/or improvements were revised after the Map was either approved and/or recorded may apply for a waiver from a street dedication and/or improvement using the Waivers for By-Right Projects process described in Section 12.37 I.2., with the Director acting for the Advisory Agency.
- Exceptions. Projects located in a Hillside area that seek to obtain a waiver from a required street dedication and/or improvement shall continue to use the procedures described in Sections 12.24 X.21. and
X.28. as applicable.
- Authority of the City Engineer. Notwithstanding any other requirement of this Code, the City Engineer may waive or modify any condition of approval or other obligation related to right-of-way
improvement or dedication consistent with the Circulation Element of the City’s General Plan without requiring any discretionary entitlement, including, but not limited to, a modification under Sections 12.37 I.4. and 17.14. Nothing in this section is intended to relieve applicants and the City of compliance with the Subdivision Map Act and state law.
J. City May Share The Cost Of Making Unusual Improvements. Upon proper application to the City Council and upon recommendation of the City Engineer, the City may accept and provide for contribution toward the cost of making any improvement required by the provisions of this section which the City Engineer determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this section in the immediate vicinity of the said improvement.
K. City Engineer To Determine Street Alignment. Whenever uncertainty exists as to the proper application of the provisions of this section in the matter of street alignment, the City Engineer shall determine their application in conformity with the spirit and intent of this section. (Added by Ord. No. 125,340, Eff. 9/23/63.)
L. Written Notification To Permit Applicants Required. When the City Engineer determines that the provisions of this section are applicable to any building permit application, the City Engineer shall inform the permit applicant of the City Engineer’s determination, of the specific requirements of this Section which the City Engineer determines to be applicable thereto and of the availability and procedure for appeal of the City Engineer’s determination to the City Council. (Amended by Ord. No. 153,949, Eff. 7/19/80.)
SEC. 12.38. DEDICATION OF STREETS BY LONG TERM LEASES.¶
(Added by Ord. No. 157,737, Eff. 7/25/83.)
A. Eligibility. A lessee holding a parcel of real property under a long term lease may offer to dedicate or convey a street easement for the term of the lease only in satisfaction of the requirements of Section 12.37 of this Code providing the following conditions are met.
- Such lease is of record in the office of the County Recorder, and the lessee certifies under penalty of perjury that, except for the rental provided for by such lease, the owners will receive no financial benefit or
other income from the proposed development during the term of the lease.
- The area of real property to be so dedicated will be used for sidewalk only, and not for vehicular traffic and not for the installation of any subsurface or above surface lines, pipes, or other public or private
utility facilities, except for such facilities which will connect from the fully dedicated streets into the buildings to be constructed.
- That notwithstanding that the adjacent public street is fully improved with all improvements as specified in Section 12.37 A.3., the sidewalk will be fully constructed and all other necessary or desirable public
improvements in the adjacent street will be fully constructed by the lessee as a part of its development on the leasehold estate, and the lessee shall post the requisite bonds to guarantee such construction, and
- The total value of the improvements to be constructed for which the dedication is required is $3,000,000.00 or more, as determined by the Department of Building and Safety.
B. Dedication Document. The dedication of the leasehold estate for street purposes pursuant to this section shall be a form of deed making specific reference to the document creating the leasehold estate and the deed shall convey only the leasehold rights. The City Engineer is authorized to accept such deeds and place same of record with the County Recorder of Los Angeles County without further authority of the City Council, upon the approval of such deed as to form by the City Attorney. Dedication of a leasehold estate for street purposes shall not be approved and no building shall issue if the City Attorney determines that the granting of such public right will cause a forfeiture or termination of the leasehold rights in the area to be dedicated.
SEC. 12.39. LOW AND MODERATE HOUSING.¶
(Repealed by Ord. No. 180,308, Eff. 12/7/08.)
SEC. 12.40. LANDSCAPE – GENERAL REQUIREMENTS.¶
(Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
A. Purpose.
To bring greater order and certainty to the development process.
To respond to State-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and amelioration of air quality.
To increase the amount and quality of appropriate landscaping appurtenant to all land uses in the City.
To establish a minimum level of regulation that protects the public and at the same time allows for design flexibility.
B. Prohibitions. Notwithstanding any provisions of Chapter 1 of this Code to the contrary, the Department of Building and Safety shall not issue any building, grading, or use of land permit for any Project unless the Department of City Planning determines that the proposed landscaping will meet the provisions of Sections 12.40 through 12.43 of this Code and has been assured that any proposed landscaping will be installed.
C. Exceptions. The provisions of Sections 12.40 through 12.43 of this Code shall not apply to:
Any Project involving replacement of an earthquake hazardous building demolished as a result of an enforcement of the Earthquake Safety Ordinance (Division 88, Article 1, Chapter IX of the Los Angeles Municipal Code.)
Any Project for which a building permit is required
(a) in order to comply with an order issued by the Department of Building and Safety to repair an unsafe or substandard condition, or
(b) in order to rebuild as a result of destruction by fire, earthquake, or other natural disaster.
Any Project regulated by Subparagraph (i) of Section 12.04.05 B.1.(a) of this Code.
Any Project which has obtained a still-valid discretionary land use approval from the City prior to the operative date of this section, and which also required approval of landscape documents.
Any Project where plans were accepted by the Department of Building and Safety for plan check prior to the operative date of this ordinance. This exception does not apply to any Project where changes were later made to the Project which increase the gross square footage or number of parking spaces by more than five percent. This exception shall no longer be valid if construction is not commenced within one year of the date of issuance of the permit.
Any landscape that is designated a Historic- Cultural Monument.
Cemeteries.
D. Definitions. Whenever the following terms are used in Sections 12.40 through 12.43 they shall be construed as defined below. Words and phrases not defined herein shall be construed as defined in Sections 12.03, and in the Guidelines adopted by the City Planning Commission pursuant to Subsection F. below.
Grass - Any relatively low-growing living ground cover of the family Poaceae (Graminae), usually mown. Includes, but is not limited to, members of the species Agropyron (Wheat Grass), Agrostis (Bent Grass, Redtop), Bouteloua (Blue Grama Grass), Buchloe (Buffalo Grass), Cynodon (Bermudagrass), Festuca (Fescue), Lolium (Rye Grass), Poa (Bluegrass), Stenotaphrum (St. Augustine Grass), Zoysia (Korean Grass). Does not include members of the family Poaceae (Graminae), that are usually not mown, such as members of the species Aristidia (Triple-Awned Grass), Miscanthus (Eulalia Grass), Muhlenbergia (Deer Grass).
Landscape Practitioner - Any person licensed by the State of California to design, install or maintain landscape or irrigation systems. Any person specifically exempted by the State from the licensing requirements in the field of landscape or land management. Any owner who designs, installs or maintains landscaping or irrigation systems on the owner’s own property.
Lawn Area - Any relatively low-growing, living, ground cover, typically (but not necessarily) mown, that will withstand foot traffic, and that requires dry- season irrigation greater than that required by Common Bermudagrass (Cynodon dactylon). Includes Dichondra and Clovers (Trifolium species.)
Native (Plant) - Any (plant) species indigenous to the Los Angeles area existing before European settlement, as identified in James Hendrickson’s The Jepson Manual, or its successor standard reference, as adopted by the Director of Planning.
Native (Plant) Community - A recurring combination of native (plant) species that reflects parallel responses to similar combinations of environmental conditions, as identified in Robert F. Holland’s “Preliminary Descriptions of the Terrestrial Natural Communities of California,” or its successor standard reference, as adopted by the Director of Planning.
Permeable - A material that permits water penetration to a soil depth of 18 inches or more, including non porous surface material poured or laid in sections not exceeding one square foot in area and collectively comprising less than two-thirds of the total surface area of loosely laid material such as crushed stone or gravel.
Project - Any use of land, construction or addition which includes more than 2,000 gross square feet of impermeable surface. A Project shall include new parking areas and additions to existing parking areas constructed with impermeable paving and new parking buildings. A Project shall not include construction of or addition to one-family dwellings, nor shall a Project include any structure or use of land which is permeable.
Stream - Any perennial or intermittent stream or river identified on United State Geological Survey Maps.
Wetland - Any natural lake, intermittent lake, pond, intermittent pond, marsh, swamp, seep or spring identified on United States Geological Survey Maps.
E. Landscape Point System. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Department of City Planning shall not approve proposed landscape for any Project unless the landscape satisfies the requirements of the landscape point system, as established by the City Planning Commission. A Project that satisfies any landscape requirements of Sections 12.40 through 12.43 of this Code or any other sections of this Code, may accrue points.
F. Approvals. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Director of Planning shall have the authority to issue approvals under Sections 12.40 through 12.43 of this Code. The Director shall review and approve or disapprove the proposed landscape. These decisions shall be based on the requirements for application submittal established by the City Planning Commission. The City Planning Commission shall adopt and revise, as necessary, guidelines to implement the provisions of Sections 12.40 through 12.43. The Director may also grant exemptions from Sections 12.40 through 12.43 if the Director finds that these landscaping requirements are inappropriate due to the temporary nature of the Project.
G. Certificate of Substantial Completion.
- When the approved landscape has been substantially installed, a landscape practitioner shall file a certificate of substantial completion certifying to the Department of City Planning, that the proposed
landscape required in Sections 12.40 through 12.43 of this Code has been substantially provided on the Project.
Substantial completion may be guaranteed by the applicant, in lieu of actual installation. A performance bond, certificate of deposit, letter of credit, surety deposit, or other instrument satisfactory to the City Attorney, in any amount equal to the cost of the landscape, shall be posted with the City to ensure satisfactory completion of the landscape.
Nothing in this subsection shall be construed to prevent the Department of Building and Safety from issuing a certificate of occupancy, when otherwise permitted or required.
H. Relationship To The Provisions of The Los Angeles Municipal Code.
- Existing “Q” Conditions, “D” Development Limitations or “F” Funded Improvement Classifications. In the case of conflicts between Sections 12.40 through 12.43 of this Code with existing “Q”
conditions, “D” development limitations or “F” funded improvements classifications, the existing “Q” conditions, “D” development limitations or “F” funded improvement classifications shall control.
- Existing Specific Plans. In the case of conflicts between Sections 12.40, 12.42 and 12.43 of this Code with existing specific plans, the provisions of the following existing specific plans shall control: Central
City West Specific Plan, Colorado Boulevard Specific Plan, Devonshire-Topanga Specific Plan, Granada Hills Specific Plan, Mulholland Scenic Parkway Specific Plan (controls over Section 12.42 only), Pacific Palisades Commercial Village Specific Plan, Park Mile Specific Plan, Playa Vista Specific Plan, Porter Ranch Specific Plan (controls over Section 12.43 only), Reseda Central Business District Specific Plan, San Vicente Scenic Corridor Specific Plan, Valley Village Specific Plan, the Venice Coastal Zone regulations, Ventura-Cahuenga Boulevard Corridor Specific Plan, Warner Center Specific Plan, and Wilshire- Westwood Scenic Corridor Specific Plan. In the case of conflicts between Sections 12.40 through 12.43 of this Code with the provisions of the Mount Washington Specific Plan or the Foothill Boulevard Corridor Specific Plan, the more restrictive provisions shall control. (Amended by Ord. No. 171,694, Eff. 9/26/97.)
- Future Specific Plans, “Q” Conditions, “D” Development Limitations or “F” Funded Improvement Classifications. Future specific plans, “Q” conditions, “D” development limitations or “F” funded
improvement classifications may impose alternate landscape requirements, if they expressly state that the specific plan’s, ”Q” conditions’s, “D” development limitation’s or “F” funded improvement classification’s landscape requirements are intended to supersede the standards set forth in Sections 12.40 through 12.43 of this Code.
I. If any provision of Sections 12.40 through 12.43 conflicts with Article 7, Chapter V of this Code, Article 7, Chapter V shall control.
J. Unless specifically prohibited by this Code, any existing features and techniques that fulfill the requirements of Sections 12.40 through 12.43 of this Code may be used to satisfy the requirements of these sections. The provisions of Sections 12.40 through 12.43 of this Code shall not require the removal of any existing structures or features nor prohibit any existing, installed landscape techniques. Where conflicts arise, all efforts shall be made to conform to the provisions of Sections 12.40 through 12.43 of this Code in a reasonable and practical manner.
SEC. 12.41. LANDSCAPE – WATER MANAGEMENT.¶
(Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
A. Purpose. To contribute to conservation of the City’s imported water resources mandated by state law by setting minimum standards for water delivery systems to landscapes.
B. Requirements and Prohibitions.
1. No building permit, use of land permit, or grading permit for which landscape is required or for which landscape is provided shall be issued, except when the purpose is to construct a one-family dwelling,
unless the Department of City Planning first determines that the required Water Management features and techniques, established by the City Planning Commission will be installed on the subject lot. No water
management approval shall be required or issued for these permits unless a landscape approval required for the permits has first been issued by the Department of City Planning.
2. All permanent irrigation systems required under the provisions of this Code that use potable water shall meet the minimum specifications for features and techniques established by the City Planning
Commission.
3. No irrigation system shall be required for undisturbed native or undisturbed natural vegetation, provided that the overall hydrologic regime that supported the vegetation remains unaltered. At the discretion of
the Department of City Planning, an irrigation system may be required when the applicant proposes to establish native plantings, designed to take advantage of natural rainfall.
4. No portion of this section shall be construed to mandate any specific type of irrigation equipment, either existing or to be developed, except backflow preventers, nor any specific method of application of
water, either existing or to be developed, provided it meets the criteria set forth in this section, unless specifically required by other sections of this Code. The provision of hose bibs or quick coupler valves shall be
considered the provision of an irrigation system, provided all points of the irrigated area are less than 50 feet from a hose bib or quick coupler valve; no portion of the irrigated area slopes at more than a 5:1 grade;
and the total area to be irrigated does not exceed 500 square feet.
5. Irrigation Maintenance. All portions of every irrigation system shall be continuously maintained in a condition such that the intent of the irrigation design is fulfilled. Uncontrolled emission of water from
any pipe, valve head, emitter, or other irrigation device shall be considered evidence of non- maintenance.
For the purposes of this section only, a Landscape practitioner is as defined in Section 12.40 D. and also includes any person certified by a professional organization in the field of water management, or any person with a bachelor’s degree or equivalent from a California college or university, in the field of water management, when not in conflict with applicable State licensing laws and guidelines adopted by the Director of Planning. The Director is hereby authorized to adopt guidelines and procedures necessary to implement the provisions of this section.
- Mulch. Owners of landscaping shall be encouraged to provide for plant mulching with planted areas provided with a layer of mulch a minimum of three inches deep, to aid the growth of the plants.
SEC. 12.42. LANDSCAPE.¶
(Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
A. Conservation of Energy.
Purpose. To contribute to mitigation of increasing urban temperatures, thereby reducing the need for new power generating facilities, the following regulations shall apply.
Tree Planting. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Applications for landscape approval shall contain a proposal for shading of walls of structures in accordance with the guidelines established by the City Planning Commission.
B. Heat and Glare Reduction.
- Purpose. To contribute to the mitigation of increasing urban temperatures, thereby reducing the need for new power generating facilities, to reduce storm water runoff, and to increase ground water recharge, the following regulations shall apply.
- Vehicular Use Areas. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Notwithstanding any other provisions of this Code to the contrary, applications for landscape approval shall contain a
proposal for heat and glare reduction in vehicular use areas in accordance with guidelines established by the City Planning Commission.
C. Air Quality Enhancement.
1. Purpose. To ensure coordination between landscape and other features of the urban environment and to contribute to the processes of oxygen regeneration, clearing the air of harmful pollutants, and removal
of air-borne particulates, the following regulations shall apply.
2. Procedure. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Applications for landscape approval shall contain a proposal for air quality enhancement, in accordance with the guidelines
established by the City Planning Commission.
D. Soil and Watershed Conservation.
- Purpose. To conserve the unique character of the City which is largely determined by its landforms; and to encourage the restoration of such native areas as are unavoidably disturbed by development; to
conserve soil and accumulated organic litter and reduce erosion by utilization of a variety of methods; and to increase residence time of precipitation in the watershed, the following regulations shall apply.
General Requirements.
(a) (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Department of Building and Safety shall not issue any building permits for a Project where soil and watershed conservation
techniques, as provided in this section and in the guidelines established by the City Planning Commission, have not been used, as determined by the Department of City Planning. Notwithstanding the provisions of Article 1 of Chapter IX of this Code, all cut and fill slopes in Hillside Areas determined under the provisions of that article of this Code to be subject to erosion, shall be planted and irrigated pursuant to the provisions of this subdivision.
(b) All cut and fill slopes in Hillside Areas shall be landform graded and landform planted to the maximum extent feasible where such techniques do not affect the stability of the graded slopes. Where
landform grading is unsuitable for the entire graded area, portions of the graded area may be required by the Department of City Planning to be landform graded and landform planted, consistent with public safety. Nothing in this paragraph shall prohibit the Department of Building and Safety from enforcing the planting and irrigation provisions of the Grading Division of Chapter IX of this Code.
(c) The Director shall take measures to ensure that the planting of slopes shall take into consideration such factors as degree of slope, slope orientation, type of soil, rooting depth of plants, fire dangers,
availability of water, original native communities, depth of soil, and other relevant design factors.
(d) Non-native plants, when used, shall compliment native communities in growth habit, foliage color, cultural requirements, and flowering behavior.
- Required Vegetation. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Manufactured slopes shall be planted in accordance with the guidelines established by the City Planning Commission.
E. Landscape Techniques.
- Turf Block. Turf block, turf stone or similar materials shall be considered non-planted areas, except in planted portions of emergency access ways when permitted by the Fire Department. (Amended by Ord.
No. 171,530, Eff. 4/4/97.)
- Coordination with Signs and Lighting. All planting shall be coordinated with all signs and lighting on the Project site, both upon installation of the planting and upon the planting reaching its maximum
designed size. All shall be designed such that one will not interfere with the other, nor require excessive maintenance.
- Planting Techniques. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) All planting shall be accomplished in accordance with the guidelines established by the City Planning Commission.
F. Walls. All concrete or masonry walls shall have a minimum nominal thickness of six inches unless designed to withstand lateral force and constructed pursuant to plans approved by the Department of Building and Safety.
SEC. 12.43. SOURCE REDUCTION OF WASTE.¶
(Added by Ord. No. 170,978, Eff. 5/13/96, Oper. 7/13/96.)
A. If any landscape includes grass, all grass clippings shall be recycled on- or off-site, and shall not be introduced into the off-site waste stream.
B. If a lot is 7,500 square feet or greater, all vegetative waste, except that which is not appropriate to recycle, shall be recycled on- or off-site and shall not be introduced into the off-site waste stream.
C. In any landscape with lawn area greater than 15 percent of the planted area, all lawn area waste shall be recycled on- or off-site.
D. Exceptions shall be made when the waste is produced by installation of the landscape, as a result of fulfilling the requirements of Division 88, Article 1 of Chapter IX of this Code, or as a result of fulfilling the requirements of Article 7, Chapter V of this Code.
E. Notwithstanding any other provision of this Code, except for Subsection A., the provisions of this section shall take effect only at the time and in the manner that the Board of Public Works, after a public hearing, certifies to the Director that sufficient off-site facilities exist to handle the expected volume of recycled vegetative waste.
SEC. 12.50. AIRPORT APPROACH ZONING REGULATIONS.¶
(Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
A. Scope and Applicability of Regulations. It is hereby found that potential airport hazards exist or may be created in connection with the maintenance and operation of the Van Nuys and Los Angeles International Airports. In order to prevent the creation or establishment of these hazards, special airport zoning regulations controlling height limits and regulating the use of the land are hereby established within the airport hazard areas surrounding the Van Nuys and Los Angeles International Airports. The provisions of this section are not intended to abrogate any other section of this Code, and when it appears that there is a conflict with other sections, the most restrictive requirement shall apply.
B. Airport Hazard Areas Map. The boundaries of the airport hazard areas and the height limitations imposed in those areas are shown on the “Airport Hazard Areas Map”, made up of separate sheets and bearing appropriate marks, notations, references and other information and consisting of:
(1) the Airport Hazard Areas Map relating to the Van Nuys Airport and adopted as part of Ordinance No. 130,500, which added Section 12.50 to this Code;
(2) the Airport Hazard Areas Map relating to the Los Angeles International Airport, (both of which maps are attached and by this reference incorporated into this ordinance and made a part of it as though set forth at length); and
(3) any future amendments and additions to the maps as may be adopted by ordinance.
C. Definitions. For the purpose of this section certain terms and words are defined as follows:
Airport Hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.
Airport Hazard Area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this section.
Structure means any object constructed or installed by persons, including, but without limitation, buildings, towers, smoke stacks, and overhead lines.
Tree means any object of natural growth.
D. General Provisions. Except where it is determined by a Zoning Administrator, or by the Area Planning Commission upon appeal pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code, after consideration of any report and recommendation which might be submitted by the General Manager of the Department of Airports, that compliance with this section in a particular situation would result in practical difficulty or unnecessary hardship and that the proposed height of a structure or tree beyond that otherwise permitted by the provisions of this section will not constitute a hazard to aircraft or in any way interfere with air safety or the safety of persons and objects on the ground, no structure shall be erected, structurally altered, enlarged or maintained, and no tree shall be planted, allowed to grow or be maintained within the airport hazard areas surrounding the Van Nuys or Los Angeles International Airports which exceeds the heights as shown on the Airport Hazard Areas Map or as further provided in Subsection F. for transitional surface areas. The procedure and fees for requesting and procuring a determination of an exception mentioned herein, for appealing from the determination or requesting a transfer of jurisdiction to the Area Planning Commission, and the time limitations applicable to those actions shall be the same as those provided in Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code; provided, however, that upon the filing of a request for exception with the Department of City Planning, the Department shall immediately request a report and recommendation from the General Manager of the Department of Airports and time shall not commence to run for a Zoning Administrator to act until the report and recommendation has been received or 60 days have elapsed from the time of the request. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
E. Use Restrictions. Notwithstanding any other provisions of this article, no use may be made of land within an airport hazard area, as established by this section in a manner as to create electrical or electronic interference with radio or radar communication between the Van Nuys or Los Angeles International Airports and approaching or departing aircraft. No illuminated or flashing advertising or business sign, billboard or any other structure shall be installed or maintained within an airport hazard area which would make it difficult for flyers to distinguish between those lights and the aeronautical lights of the airport, or which would result in glare in the eyes of pilots and impairment of visibility or otherwise endanger the landing, taking off or maneuvering of aircraft.
F. Transitional Surface Area Height Limits. The height limit in the transitional surface areas, as shown on the above described map, shall be an inclined plane surface having a slope ratio of one vertical to seven horizontal, sloping upward and outward from the boundary of the transitional surface area on either side of a runway or from the edge of a runway approach area, whichever is adjacent. The direction of the slope shall be at right angles to the center line of the runway or its prolongation and shall extend upward from the elevation of the nearest runway or from the height limit elevation permitted in a runway approach area, whichever is adjacent.
G. Interpretations. Where uncertainty exists in applying the provisions of this section, the Zoning Administrator, upon written request, shall determine the location of the boundary lines of the airport hazard areas or the height limits by written decision pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit) of Chapter 1A of this Code. A copy of the decision shall be furnished to the Department of Building and Safety. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
H. Exception. The provisions of this section shall not prevent structures, including all projections from the structure, to be erected, structurally altered, enlarged or maintained and trees to be planted and maintained to an overall height of not to exceed 45 feet above the natural or finished grade, whichever is lower.
I. Continuation of Existing Regulations. The provisions of this section, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.
J. Before any existing structure which conforms to all other provisions of this article but which does not conform with the provisions of this section may be replaced, substantially altered or repaired, or rebuilt in a manner not conforming with the height limitations of this section, a permit must be secured from the Department of Building and Safety in addition to all other permits required by this Code. All applications for these permits shall be granted except those which would permit a nonconforming structure to be made higher or become a greater hazard to air navigation than it was when the applicable restrictions of this section were adopted or when the application for the permit was made, whichever is the more restrictive. No permit is required by this section to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of those structures.
Any existing tree which does not conform with the provisions of this section may remain or be replaced by one of comparable or smaller size or be replanted but shall not be allowed to grow higher or become a greater hazard to air navigation than it was when the applicable restrictions of this section were adopted.
SEC. 12.70. ADULT ENTERTAINMENT ZONING.¶
(Added by Ord. No. 151,294, Eff. 9/1/78.)
A. Purpose. It is the purpose and object of this section to establish reasonable and uniform regulations to prevent the continued concentration of adult entertainment businesses, as defined herein, within the City of Los Angeles.
B. Definitions. For the purpose of this section, certain terms and words are defined as follows:
- “Adult Arcade” – An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to
show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“Adult Bookstores” – An establishment which has as a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the
depiction or description of “specified sexual activities” or “specified anatomical areas;” or
(b) Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities.”
“Adult Cabaret” – A nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified
sexual activities,” or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”
- “Adult Motel” – A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures,
video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”
- “Adult Motion Picture Theater” – An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar reproductions are shown, and in which a substantial
portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”
- “Adult Theater” – A theater concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities.”
“Establishment” (Amended by Ord. No. 157,538, Eff. 5/13/83.) – As used in Subsection C. hereof, the “establishment” of an adult entertainment business shall mean and include any of the following:
(a) The opening or commencement of any such business as a new business;
(b) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; or
(c) The relocation of any such business.
- “Massage Parlor” – An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is
administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, state licensed cosmetology or barber establishment, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (Amended by Ord. No. 155,718, Eff. 8/6/81.)
- “Public Park” – A park, playground, swimming pool, beach, pier, reservoir, golf course or similar athletic field within the City of Los Angeles which is under the control, operation or management of the City
Board of Recreation and Park Commissioners or the County Department of Beaches.
“Religious Institution” – A building which is used primarily for religious worship and related religious activities.
“School” – An institution of learning for minors, whether public or private which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to
standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
“Sexual Encounter Establishment” – An establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with “specified sexual activities” or the exposure of “specified anatomical areas.” This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.
- “Specified Anatomical Areas” – As used herein, “specified anatomical areas” shall mean and include any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolas; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified Sexual Activities” – As used herein, “specified sexual activities” shall mean and include any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.
“Substantial Enlargement” – As used in Subsection C. hereof, the “substantial enlargement” of an adult entertainment business shall mean the increase in floor area occupied by the business by more than fifty percent (50%), as such floor area exists on the effective date of this section.
“Transfer of Ownership or Control” – As used in Subsections C. and E. hereof, the “transfer of ownership or control” of an adult entertainment business shall mean and include any of the following:
(a) The sale, lease or sublease of such business;
(b) The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or
(c) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the
person possessing such ownership or control.
“Adult Entertainment Business” – Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Motel, Adult Motion Picture Theatre, Adult Theatre, Massage Parlor, or Sexual Encounter Establishment, as defined herein, and each shall constitute a separate adult entertainment business even if operated in conjunction with another adult entertainment business at the same establishment. (Added by Ord. No. 157,538, Eff. 5/13/83.)
C. Prohibition. (Amended by Ord. No. 158,579, Eff. 1/23/84.) No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult entertainment business within 1,000 feet of another adult entertainment business, or within 500 feet of a religious institution, school, or public park within the City of Los Angeles. No person shall cause or permit the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof, or the increase of floor area of any adult entertainment business in any building, structure or portion thereof containing another adult entertainment business.
No person shall cause or permit the establishment, or substantial enlargement of an adult entertainment business within 500 feet of any lot in an “A” or “R” zone, or within the “CR”, “C1”, or “C1.5” zones in the City of Los Angeles.
After March 6,1988, no person shall cause or permit the continued operation, maintenance, or use of a lot, building or structure, or any portion thereof as an Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Massage Parlor or Sexual Encounter Establishment, within 500 feet of any lot in an “A” zone or “R” zone, or within the “CR”, “C1” or “C1.5” zones in the City of Los Angeles. (Added by Ord. No. 161,111, Eff. 5/18/86.)
D. Measurement Of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school or public park.
E. Exceptions.
- A person possessing ownership or control of an adult entertainment business which is within 1,000 feet of another such business or within 500 feet of any religious institution, school or public park on the
effective date of this ordinance shall be permitted to transfer such ownership or control within two (2) years of said effective date. The person acquiring such ownership or control, however, shall be required to discontinue said adult entertainment business within five (5) years from the date of said transfer of ownership or control, if such business continues to be within 1,000 feet of another such business or within 500 feet of any religious institution, school or public park.
- A person possessing ownership or control of an adult entertainment business shall be permitted to transfer such ownership or control if such business is not within 500 feet of any religious institution, school or
public park and the only other adult entertainment business or businesses within 1,000 feet of such business have been established under a variance from the requirements of this section, pursuant to the variance provisions set forth in Sec. 13B.5.3. (Variance) of Chapter 1A of this Code. This exception shall not, however, apply to an adult entertainment business which has been established under such a variance. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)
- Except for an adult entertainment business required to be discontinued pursuant to Subdivision 1. of this subsection, if more than one adult entertainment businesses exists in the same building, structure or
portion thereof, then all may be continued until March 10, 1985. At that time all shall be discontinued except those established prior to September 1, 1978; but if none of the adult entertainment businesses were established prior to September 1, 1978, then all shall be discontinued except for one, and in case of a dispute the adult entertainment business established first shall have the priority right to continue.
- An adult entertainment business may be continued, or established and maintained, pursuant to Section 12.22 A.20. (Amended by Ord. No. 161,111, Eff. 5/18/86.)
F. Severability. If any provision or clause of this section or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, clauses or applications thereof which can be implemented without the invalid provision, clause or application thereof, and to this end the provisions and clauses of this section are declared to be severable.
SEC. 12.80. HOMELESS SHELTERS – EMERGENCIES – CITY OWNED AND LEASED PROPERTY.¶
(Amended by Ord. No. 188,764, Eff. 12/29/25.)
Notwithstanding any provisions of this article to the contrary, during any period for which the Mayor and/or the City Council have declared a shelter crisis within the meaning of Government Code Section 8698 et seq., a homeless shelter defined in Government Code Section 8698.4(c)(1) as it is currently written as of the date this ordinance is adopted, may be established and operated on property owned or leased by the City of Los Angeles in any zone as a matter of right without regard to the number of beds or number of persons served. A facility used as a homeless shelter under this section must comply with the minimum building regulations set forth in Section 91.8605 of this Code, as it is currently written or as it may be amended in the future. If the lot on which any such shelter is located does not have sufficient area to provide the number of parking spaces required by Section 12.21 A.4.(w) of this Code, then the number of spaces required shall be the number for which adequate area exists. If insufficient area for any parking spaces exists on the lot, no spaces shall be required.
SEC. 12.81. HOMELESS SHELTERS – EMERGENCIES – CHARITABLE ORGANIZATIONS.¶
(Amended by Ord. No. 186,339, Eff. 10/23/19.)
A. Notwithstanding any provisions of this article to the contrary, during any period for which the Mayor and/or the City Council have declared a shelter crisis within the meaning of Government Code Sections 8698 et seq., a homeless shelter defined in Government Code Section 8698.4(c)(1) as it is currently written as of the date this ordinance is adopted, may be established and operated in the R3, RAS3, R4, RAS4, R5, C2, C4, C5, CM, M1, M2, and M3 zones without regard to the number of beds or number of persons served, if the shelter is operated by a religious institution or a non-profit, charitable organization and the shelter is located on property owned or leased by that institution or organization. If the lot on which any such shelter is located does not have sufficient area to provide the number of parking spaces required by Section 12.21 A.4.(w) of this Code, then the number of spaces required shall be the number for which adequate area exists. If insufficient area for any parking spaces exists on the lot, no spaces shall be required. Unreinforced masonry and/or non- ductile concrete buildings shall not be used as shelters for the homeless. (Amended by Ord. No. 188,764, Eff. 12/29/25.)
B. Requirements.
Providers shall register with the City of Los Angeles by submitting “Cold/Wet Weather Temporary Shelter Application” online via the City’s website (www.lacity.org); and
Providers shall comply with the “Cold/Wet Weather Temporary Shelter” requirements promulgated by the Los Angeles Fire Department’s Fire Prevention and Public Safety Bureau; and
Providers shall provide written notification to the owners of properties abutting the subject property, as well as to any school located within 500 feet of the subject property, prior to operating a shelter for the
homeless on the subject property.
- Providers shall comply with all local, state, and federal requirements that apply to the permitted use of their property while operating a shelter for the homeless pursuant to this section.
SEC. 12.82. HOMELESS SHELTERS – EMERGENCIES – EL NIÑO 2016.¶
(Added by Ord. No. 184,168, Eff. 4/5/16.)
A. Notwithstanding any provisions of this article to the contrary, during the period not totaling more than 90 days from the effective date of this ordinance, a shelter for the homeless may be established and operated in any zone of the City without regard to the number of beds or number of persons served, if the shelter is located on property owned or leased by the provider and complies with the “Cold/Wet Weather Temporary Shelter” requirements promulgated by the Los Angeles Fire Department’s Fire Prevention and Public Safety Bureau. If the lot on which any such shelter is located does not have sufficient area to provide the number of parking spaces required by Section 12.21 A.4.(w) of this Code, then the number of spaces required shall be the number for which adequate area exists. If insufficient area for any parking spaces exists on the lot, no spaces shall be required.
B. For the purposes of this section only, a shelter for the homeless means a facility operated by a “provider”, other than a “community care facility” as defined in the California Health and Safety Code Section 1502, which provides temporary accommodations to homeless persons and/or families and which meets the state’s standards for shelters. The term “temporary accommodations” means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed 90 days from the effective date of this ordinance. For the purpose of this section, a “provider” shall mean a government agency, religious institution, non- profit charitable organization or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless, and which meets all applicable state health and safety requirements. Unreinforced masonry and/or non-ductile concrete buildings shall not be used as shelters for the homeless.
Get a plain-English answer with a citation back to this text.
Ask AI about this code