Los Angeles Municipal Code Art. 6.1 Review of Development Projects

(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

Section

(Title Amended by Ord. No. 188,793, Eff. 2/1/26.)

A. See Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code.

B. Definitions. For the purpose of this Section and Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code, the following words and phrases shall have the meanings specified below. Other terms used in this section shall have the meanings set forth in Section 12.03 of this Code if defined there.

1. Development Project. The construction of, addition to, or alteration of, any building or structure, or a change of use of an existing building or structure that requires a building permit and that results in an

increase in floor area, or a net increase in average daily vehicle trips as determined by using trip generation factors promulgated by the Department of Transportation for the purpose of effectuating this section.

2. Discretionary Approval. An approval initiated by application of a property owner or representative related to the use of land including, but not limited to a:

   (a) zone change;

   (b) height district change;

   (c) supplemental use district;

   (d) conditional use approval;

   (e) use, area or height variance;

   (f) parcel map;

   (g) tentative tract map;

   (h) coastal development permit;

   (i) development agreement;

   (j) adjustments;

   (k) density bonus greater than the minimums pursuant to Government Code Section 65915;

   (l) density transfer plan;

   (m) exception from a geographically specific plan;

   (n) project permit pursuant to a moratorium or interim control ordinance;

   (o) public benefit projects; or

   (p) floor area deviation of less than 50,000 square feet pursuant to 14.5.7 of Article 4.5 of the Los Angeles Municipal Code.

   (q) single-family dwelling with a cumulative Residential Floor Area of 17,500 square feet or larger within the HCR District pursuant to 13.20 of Article 3 of the Los Angeles Municipal Code.

3. Fast-food Establishment. Any establishment which dispenses food for consumption on or off the premises, and which has the following characteristics: a limited menu, items prepared in advance or prepared or heated quickly, no table orders, and food served in disposable wrapping or containers.

C. Project Review Requirements.

1. No grading permit, foundation permit, building permit, or use of land permit shall be issued for any of the following development projects unless a Project Review has first been obtained pursuant to Sec.

13B.2.4. (Project Review) of Chapter 1A of this Code. This provision shall apply to individual projects for which permits are sought and also to the cumulative sum of related or successive permits which are part of a larger project, such as piecemeal additions to a building, or multiple buildings on a lot, as determined by the Director.

(a) Any development project which creates, or results in an increase of, 50,000 gross square feet or more of nonresidential floor area.

(b) Any development project which creates, or results in an increase of, 50 or more dwelling units or guest rooms, or combination thereof.

(c) Any change of use to a Drive-Through Fast- food Establishment or any change of use to a Fast-food Establishment, either of which results in a net increase of 500 or more average daily trips as

determined by, and using the trip generation factors promulgated by the Department of Transportation.

(d) Any change of use other than to a Drive- Through Fast-food Establishment or to a Fast-food Establishment which results in a net increase of 1,000 or more average daily trips as determined by, and

using the trip generation factors promulgated by the Department of Transportation.

(e) (This paragraph intentionally left blank.)

(f) Any single-family residential development with a cumulative Residential Floor Area of 17,500 square feet or larger located in the HCR District.

2. This subdivision shall not apply to one-family dwellings located outside of a HCR District.

D. Exemptions.

1. Unless made discretionary by any other provision of law, the approval of any building permit for a development project which does not exceed the thresholds set forth in this subsection and Section 12.24 U.14. is ministerial and exempt from the requirements of the California Environmental Quality Act.

2. Any development project with a still-valid discretionary approval, including but not limited to those listed in Subsection B.2. of this section, shall be exempt from Project Review only if the applicable

decision-making body determines in writing that the prior discretionary approval, and the required environmental review, considered significant aspects of the approved project's design (such as, but not limited to, building location, height, density, use, parking, access) and that the existing environmental documentation under the California Environmental Quality Act is adequate for the issuance of the present permit in light of the conditions specified in Section 21166 of the California Public Resources Code. The Department of City Planning may require supplements to the environmental documentation to remain current. The Director is authorized to establish procedures to process determinations required under this subdivision.

3. Any development project located within the boundaries of an adopted Redevelopment Project Area with an Unexpired Redevelopment Plan, as defined in Section 11.5.14, shall be exempt from site plan

review when:

(a) The Community Redevelopment Agency of the City of Los Angeles (CRA) and the City Council approved an owner participation agreement, a disposition and development agreement, a loan

agreement, a cooperation agreement or other discretionary agreement for the development project prior to February 1, 2012; and

(b) The project was considered during a public hearing prior to February 1, 2012, conducted in accordance with the CRA's adopted policies and procedures for public hearings.

4. Any development project within a specific plan area for which an EIR was certified by the City Council not more than six years prior to the date of the present application for a building permit. The date of the application shall be the date on which architectural and structural plans sufficient for a complete plan check are accepted by the Department of Building and Safety. This exemption shall be applicable only if the Director determines in writing that the EIR considered significant aspects of the approved project’s design (such as, but not limited to, building location, height, density, use, parking, access) and that it is adequate for the issuance of the present permit. The Director is hereby authorized to establish procedures to process determinations.

5. Any development project on a motion picture and/or television production lot that is industrially or commercially zoned and is enclosed by a minimum six foot high wall or other barrier (such as building

walls, fences, topographical barrier, etc.) which separates the facility and the development from adjacent properties. However, all new office uses shall be directly related to motion picture and/or television production and shall not be rented or leased to other entities not directly related to motion picture and/or television production uses.

6. Adaptive Reuse Projects pursuant to Section 12.22 A.26. shall be exempt from Section 13B.2.4. (Project Review) of this Code. (Amended by Ord. No. 188,793, Eff. 2/1/26.)

7. (Deleted by Ord. No. 188,420, Eff. 1/20/25, Oper. 1/27/25.)

8. No restricted affordable unit shall be counted towards the dwelling unit or guest room thresholds described in Section 16.05 C.1(b). For purposes of this section, a restricted affordable unit is a unit or guest room subject to a recorded covenant or recorded regulatory agreement restricting rents or housing costs so that they do not exceed 30 percent of the maximum gross income of each income category, for households earning up to 120 percent of the area median income, for a period of at least 55 years for rental units, or at least 45 years for for-sale units, as determined by the Los Angeles Housing Department. (Amended by Ord. No. 187,938, Eff. 8/19/23.)

   9. Projects in those specific plan areas, as determined by the Director, where similar project site planning regulations are established by the specific plan and significant project environmental impacts, if any, are

   mitigated by the measures imposed in the Project Compliance.

   10. Any development project that includes nonresidential floor area in which 50 percent or more of the total floor area is dedicated to restricted affordable units shall be exempt from the threshold in Section

   16.05 C.1.(a), provided the development project maintains or increases the number and square feet of preexisting restricted affordable units and creates, or results in an increase of, no more than 150,000 gross square feet of nonresidential floor area. (Added by Ord. No. 187,938, Eff. 8/19/23.)

   11. A Housing Development that provides Restricted Affordable Units consistent with the affordability requirements set forth in Section 19.18 B.2.(b) of this Code, in lieu of the Linkage Fee that may otherwise

   be required pursuant to Section 19.18 of this Code. (Added by Ord. No. 188,477, Eff. 2/11/25, Oper. 2/11/25.)

E. (This subsection intentionally left blank.)

F. (This subsection intentionally left blank.)

G. Procedure. See Sec. 13B.2.4. (Project Review) of Chapter 1A of this Code.

H. (This subsection intentionally left blank.)

I. Alternative Thresholds. A different threshold from that indicated in Section 16.05 C. of this Code may be established within a Community Plan or Specific Plan, or portion thereof, when specifically stated in the plan text and only when the plan area contains one or more of the following:

1. A transportation impacted area;

2. An environmentally sensitive area;

3. An historically sensitive area; or

4. Any other area of special significance which is clearly identified as to its significance and the need for a different threshold level.

A. Purpose and Objectives. See Sec. 13B.4.3. (Project Compliance (with Design Review Board)) of Chapter 1A of this Code.

B. (This subsection intentionally left blank.)

C. (This subsection intentionally left blank.)

D. Design Review Boards. See Sec. 13A.1.11 (Design Review Board) and Sec. 13B.4.3 (Project Compliance (with Design Review Board)) of Chapter 1A of this Code.

E. Design Review Procedure. See Sec. 13B.4.3. (Project Compliance (with Design Review Board)) of Chapter 1A of this Code.

1. Application. All applications for design review shall be submitted to the Department of City Planning on a form supplied by the Department.

(a) If an applicant requests an optional preliminary design review, the following materials must be submitted in addition to any material required by applicable specific plans or ordinances: Conceptual
drawings without finished details and plans and materials which include, but are not limited to the following:

(1) Proposed site plan showing proposed improvements;

(2) Building elevations;

(3) General description of materials and colors to be used;

(4) Proposed landscape plan;

(5) Photographs of the site and surrounding properties;

(6) Information on existing trees on the site and within 20 feet of the property; and

(7) Additional information that demonstrates adherence to the specific plan design criteria.

(b) An application for a mandatory final review shall be deemed complete only if it includes, in addition to any material required in the applicable specific plan or ordinance, the following
materials:

(1) Drawings with finished details;

(2) Environmental review clearance;

(3) Results of technical review, if required;

(4) Written narrative addressing specific plan design criteria and guidelines and a finding of the project’s consistency with either the Specific Plan or an approved Project Exception;

(5) Vicinity map of appropriate scale, indicating the location of the project site in relation to nearby access streets, significant physical features of the project, and other relevant issues affecting the
project. Where possible, the map shall show the location of buildings on adjoining properties having a bearing on the project;

(6) Color photographs of the site and surrounding area and buildings to clearly represent the context of the design;

(7) Site plan of appropriate scale that clearly represents all the features of the site and significant design issues;

(8) Plans of appropriate scale, including all significant items or floor levels necessary to clearly represent design intent;

(9) Elevations of appropriate scale, including all sides of the item or building to clearly represent design intent;

(10) Sections, as deemed necessary by the architect or designer, of appropriate scale to clearly represent design intent;

(11) Either perspective drawings or model material sample board to be presented at the design review board meeting;

(12) Sign plan, if applicable, indicating proposed sign(s) and all existing signs on the property;

(13) Landscape plans which shall include the approximate size, maturity and location of all plant materials, the scientific and common names of the plant materials, the proposed irrigation plan,

and the estimated planting schedule. The plan shall specify the length of time required to attain plant maturity; and

(14) Mailing labels with the names of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. Should these properties not be

owner- occupied, mailing labels shall also be provided for the occupants.

2. Fees.

   (a) The filing fee for processing an optional preliminary application shall be one-half of the fee for processing a design review application.

   (b) The filing fee for processing an optional technical review requested by the applicant shall be as set forth in Section 19.09.

   (c) The filing fee for processing a final design review application shall be as set forth in Section 19.01.

   (d) The filing fee for processing an applicant’s appeal from the Director’s decision shall be the fee for an appeal from a specific plan design review decision as set forth in Section 19.01. The filing fee

for processing an appeal by a person other than the applicant shall be as provided in Section 19.01 K.2.

(e) The filing fee for processing a modification to a design review determination, if requested by the applicant, shall be one-half of the fee for processing a final design review application.

(Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)

A. Development Projects that Result in the Demolition of Housing Units.

1. Purpose. This subdivision enforces compliance with state law and offers protections related to the demolition of housing units that occurs as a result of Development Projects and extends these protections

beyond their expiration of January 1, 2030 under state law.

2. Definitions. As used in this section the following words and phrases shall have the meanings specified below. Other terms used in this section shall have the meanings in Section 12.03 of this Code if defined there.

   Affordable Housing Cost has the same meaning as defined in Section 50052.5 of the California Health and Safety Code.

   Affordable Rent has the same meaning as defined in Section 50053 of the California Health and Safety Code.

   Comparable Unit contains the same or greater number of existing bedrooms and bathrooms as the unit being replaced. Where one or more single family homes with four or more bedrooms are being replaced by a project that consists of two or more units, a Comparable Unit may have three bedrooms.

   Equivalent Size means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

3. Approval of Housing Development Projects that Result in the Demolition of Housing Units. Notwithstanding any law to the contrary, the City shall not approve any Housing Development Project that

would require the demolition of occupied or vacant Protected Units, or that is located on a site where Protected Units were demolished in the previous five years, unless all of the following requirements are satisfied.

(a) Replacement of Existing or Demolished Protected Units. The Housing Development Project shall replace all existing Protected Units and Protected Units demolished on or after January 1, 2020

pursuant to the replacement requirements of California Government Code Section 65915(c)(3) and consistent with the requirements included in Los Angeles Municipal Code Section 16.60 A.3.(a), which are in addition to any requirements included in Chapter XV, Article 1 of this Code.

(1) Income Requirements. Units occupied on the date of application shall be replaced with units at an Affordable Rent or Affordable Housing Cost to, and occupied by, persons and families in

the same or lower income category as those households in occupancy based upon the units and incomes of those households in occupancy pursuant to California Government Code Section 65915(c) (3)(B)(i) inclusive of the following income categories: Low Income, Very Low Income, Extremely Low Income and Acutely Low Income. Units that have been demolished or vacated on or before the date of application shall be replaced with units at an Affordable Rent or Affordable Housing Cost based upon the highpoint in occupancy during the previous five years pursuant to California Government Code Section 65915(c)(3)(B)(ii).

(i) Replacement When Incomes Are Not Known. If the incomes of the individuals and households are not known, and unless otherwise demonstrated, the presumption in California

Government Code Section 65915(c)(3)(B)(i) regarding Lower Income Households shall be inclusive of the percentage of Extremely Low Income, Very Low Income and Low Income Households in the same proportion as their share of all renter households within the City of Los Angeles, as determined by the General Manager of the Los Angeles Housing Department utilizing the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database or equivalent census data disaggregated by tenure and income category.

(ii) Replacement of Rent or Price Controlled Units in Higher, Moderate, and Lower Opportunity Areas. Notwithstanding Section 16.60 A.3(a)(1)(i) above, units subject to a form of

rent or price control through a local government’s valid exercise of its police power shall be replaced accordingly. In Higher Opportunity Areas and Moderate Opportunity Areas, units deemed or presumed to be occupied by persons or families above the lower income category shall be replaced with low income units. In Lower Opportunity Areas, units shall be replaced proportionate to the share of all lower income renter households within the City of Los Angeles described in Section 16.60 A.3(a)(1)(i) above.

(2) Equivalent Size. All replacement units must be Equivalent Size, and Development Projects shall contain at least the same total number of units and total aggregate number of bedrooms as the

Protected Units being replaced. Except when a tenant is exercising the right to return as defined in Section 16.60 A.3.(b)(4), new units do not have to match bedroom configurations of the demolished units.

(3) Relationship to Other Affordability Requirements. Any Protected Units replaced under this subparagraph shall be considered in determining whether the Housing Development Project satisfies the requirements of any state, local or federal requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, extremely low income, or acutely low income

households, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the California Health and Safety Code.

(4) Exceptions. Notwithstanding the requirements above, the replacement requirements of this section shall not apply to the following:

(i) A Housing Development Project that consists of a single residential unit on a site with a single Protected Unit.

(ii) A Housing Development Project that complies with the requirements of Section 16.60 A.5.(a) of this Code.

(5) Procedures. An owner of a Housing Development Project subject to the above requirements must complete an application for a Replacement Unit Determination with the Los Angeles Housing

Department (LAHD). Information from the owner and existing tenant(s), as well as information gathered by LAHD, will be used to determine whether any Protected Units exist.

(b) Existing Occupant Protections.

(1) Right to Remain. An existing occupant shall be allowed to occupy their unit until six months before the start of construction activities with proper notice, subject to Chapter 16 (beginning with Section 7260) of Division 7 of Title 1 of the California Government Code. The project applicant shall give existing occupants written notice of the planned demolition, the date the occupant must vacate, and the occupant’s rights under this Section 16.60. Notice shall be provided at least six months before the date the occupant must vacate, or more than six months before if required under applicable state or local law.

(2) Right to Return if Demolition Does Not Proceed. An existing occupant that is required to leave their unit shall be allowed to return to the same rental unit or a Comparable Unit at their prior rental rate if the demolition does not move forward and the property is returned to the rental market. This right to return is in addition to any applicable requirement in Los Angeles Municipal Code

Sections 151.26 (Ellis Act Provisions - Regulation of Property on Re-Offer for Rent or Lease After Withdrawal) or 151.27 (Ellis Act Provisions - Re-Rental Rights of Displaced Tenants) of Article 1 of Chapter XV for properties subject to the Rent Stabilization Ordinance.

(3) Right to Relocation. For occupants who are not Lower Income Households, relocation benefits shall follow the amounts and processes, as applicable, in Los Angeles Municipal Code Sections

151.09 G. (Rent Stabilization Ordinance) and 165.06 A. (Just Cause Ordinance), California Government Code Section 65863.7 (Mobile Home Closures), or for publicly funded projects the greater amount under either local law or under Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code.

Consistent with California Government Code Section 66300.6(b)(4)(A), occupants of Lower Income Households displaced from their residence by a Development Project shall be entitled to, and

the owner shall pay, relocation benefits that equal the relocation benefits required to be paid by public entities pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code and any implementing regulations.

The owner shall comply with this requirement by following sub-subparagraphs (i), (ii) or (iii) below, and complying with all of the requirements in sub-subparagraphs (iv) - (vii):

(i) Comparable Replacement Unit. Before or at the time of serving a notice to terminate tenancy, or if no notice is served, before or when the occupant is displaced by a Development Project, provide a copy of a written lease signed by the occupant to LAHD, documenting that the existing occupant has access to a comparable replacement unit (as the term is used in California Government Code Section 7260) that is permanently affordable, consistent with the following requirements:

a. The comparable replacement unit is consistent with all standards in Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code, and
any implementing regulations;

b. The rent is permanently affordable to the occupant based on the income level of the occupant household;

c. If the occupant is also entitled to relocation benefits under Sections 151.09 (Evictions) or Section 165.06 (Relocation Assistance) of this Code, the owner shall comply with the
respective processes and amounts in these sections;

d. Any requirement that an occupant make an advance payment to the owner, such as first and last month's rent or a security deposit, must be in accordance with all laws. An owner
must pay the relocation benefit to the occupant before the occupant’s advance payment to the owner is due;

e. LAHD reserves the right to review the comparable replacement unit and the lease for compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the
California Government Code and any implementing regulations. LAHD may require the owner to provide additional proof that the occupant executed the lease at the comparable
replacement unit; and

f. In the event the occupant is unable to move into the comparable replacement unit or LAHD determines that the unit is not a comparable replacement unit consistent with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code and any implementing regulations, the owner shall pay relocation benefits to the occupant under Section 16.60 A.3.(b)(3)(ii) or (iii), below.

(ii) Standardized Payment. Pay relocation benefits to the existing occupant(s) within 15 days after service of a notice to terminate tenancy, or, if no notice is served, then prior to or at the

time the occupant(s) are displaced, according to the following requirements;

a. Pay an amount equal to the difference between the Section 8 Department Voucher Payment Standard and the rent affordable to that occupant’s income level per Section 50053 of the California Health and Safety Code, multiplied by 42 months, plus estimated incidental moving costs;

b. The amount for the Section 8 Department Voucher Payment Standard, the determination of the affordable rent per Section 50053 of the California Health and Safety Code, and

the estimated incidental moving costs shall be determined upon the adoption of this ordinance, and then adjusted annually according to the Consumer Price Index-All Urban Consumers. For the year beginning July 1, 2025, and all subsequent years, the fee amounts shall be adjusted on an annual basis pursuant to the formula set forth in Section 151.06 D. of this Code except that the increase shall be based on 100 percent of the percentage change as determined by the Department. The adjusted amount shall be rounded to the nearest $50 increment. LAHD shall publish the amount annually; and (Amended by Ord. No. 188,795, Eff. 2/2/26.)

c. The relocation benefits shall be paid in accordance with the process and timing requirements in Section 151.09 G.1.(a) and (b), G.2., and G.5. of this Code.

(iii) Individualized Relocation Process Consistent with State Relocation Law. Before or when the owner serves a notice to terminate tenancy, or if no notice is served, then before or

when the occupant is displaced by a project, the owner shall be subject to an individualized relocation process to determine and pay the amount of relocation equal to the amount paid by public entities under California Government Code Sections 7260-7277. The owner shall:

a. At the time the Replacement Unit Determination is filed or at the termination of tenancy, whichever comes first, submit all relocation documents required by LAHD for publicly-

financed projects, including but not limited to: a relocation plan; a resume and qualifications of the required relocation consultant; a completed relocation tenant rent roll; and a completed project summary assessment;

b. Before filing with LAHD a Notice of Intent to Withdraw or Declaration of Intent to Evict for the purpose of demolition, obtain LAHD’s approval of all required relocation

documents. If no LAHD approval is obtained, then the owner may file the Notice or Declaration, but, for relocation benefit purposes, must comply with either Sub-subparagraphs (3)(i) or (3)(ii), above, instead of (3)(iii).

c. Obtain LAHD’s approval of the calculated relocation payment once a tenant has identified replacement housing; and

d. Provide to LAHD evidence showing the tenant was relocated to the identified replacement housing and the owner has paid the tenant the full relocation payment.

(iv) For determining whether a tenant is displaced by a Development Project, the following actions shall constitute evidence of development if:

a. The Owner applies for an entitlement or building permit for a Development Project requiring demolition of an existing rental unit and the tenancy is or will be terminated as a
result;

b. The Owner applies for a Replacement Unit Determination and the tenancy is or will be terminated as a result; or

c. The Owner serves a notice or otherwise seeks to terminate a tenancy or recover possession of a rental unit based on any of the reasons in Los Angeles Municipal Code Sections
47.08 (Tenant Relocation Assistance Where Mobilehome Parks Are Changed to a Different Use), 47.09 (Mobilehome Park Closure Impact Report), 151.09 A.10. (Evictions), 165.03
I.1., or 165.03 I.2. (Just Cause Evictions), requiring payment of relocation assistance and that includes evidence of intent to develop the property.

(v) Nothing in this subsection relieves the owner from the obligation to provide relocation assistance under City administrative agency action or any other provision of local, state or federal
law. If an occupant has the right to monetary relocation benefits under City administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a
credit against the highest relocation benefits required to be paid to the tenant under this section. The occupant has the right to the highest relocation benefit provided by local, state, or federal
law.

(vi) No demolition permit shall be issued unless LAHD provides a written clearance to the Department of Building and Safety stating that the owner has complied with the relocation
assistance requirements of this section. The owner shall provide proof of compliance with the relocation assistance requirements of this section on a form provided by LAHD. The form shall
be accompanied by a fee of $45 per unit. The fee shall be adjusted annually pursuant to Section 151.06 D. of this Code, except that the increase shall be based on 100 percent of the percentage
change as determined by the Department. LAHD shall publish the fee annually. (Amended by Ord. No. 188,795, Eff. 2/2/26.)

(vii) If after the effective date of this ordinance an owner of residential real property has exercised its rights under California Government Code Section 7060, et seq. to withdraw the
property from residential rent or lease or exercised its rights under Los Angeles Municipal Code Section 165.03 I.1. or 165.03 I.2. (Just Cause Evictions), with no stated intent to redevelop the
property in its Notice of Intent to Withdraw, paid no property relocation payments consistent with Section 16.60 A.3.(b)(3)(i), (ii) or (iii), above, to the occupants of the property, and within
five years of submitting the Notice of Intent to Withdraw, the owner seeks to develop the property as demonstrated by actions described in Section 16.60 A.3.(b)(3)(iv), above, then the
following shall apply:

a. As a condition of the clearance of demolition or new construction permits, the applicant or the applicant’s successor-in-interest shall be required to pay to LAHD a fine equal to
three times the relocation benefit amount that would have been paid under Section 16.60 A.3.(b)(3)(ii) or (iii), above, where the income of the former occupants is known. Where
income of the former occupants is not known, the applicant shall be required to pay $250,000 per displaced occupant household. The LAHD shall not clear a demolition or new
construction permit until the applicant complies with this section. The withholding of permits shall not apply to demolition permits or approvals that are necessary to comply with a
Department of Building and Safety, LAHD, or other government order.

Notice Process. When an owner seeks a demolition or new construction permit clearance from LAHD at a property where the owner may have misrepresented its intention to
develop the property in its Notice of Intent to Withdraw, and it has not paid relocation benefits to tenants consistent with having displaced them for development, LAHD will provide
written notice to the owner that the LAHD’s clearance of the permits is conditioned on payment of the fine. The notice shall include the address of the property at issue, a copy of the
owner’s Notice of Intent to Withdraw, the amount of the potential fine, and the process to appeal the imposition of the fine.

Appeal Process. The notice shall include a right to file an appeal within 30 calendar days of the notice of the condition to pay the fine which shall include the right to an
administrative hearing.

The appellant shall pay an administrative fee for the costs of the appeal in an amount equal to the amount for appeals under Section 165.06 C. (Relocation Assistance) of this Code.

After the hearing officer issues a decision in the administrative hearing, the owner may seek judicial review of the determination pursuant to California Code of Civil Procedure

b. Any Lower Income household displaced as a result of a tenancy termination for the purpose of property development under Los Angeles Municipal Code Sections 47.08 (Tenant Relocation Assistance Where Mobilehome Parks Are Changed to a Different Use) or 47.09 (Mobilehome Park Closure Impact Report), 151.09 A.10. (Evictions), or 165.03 I.1. or 165.03 I.2. (Just Cause Evictions), shall be entitled to relocation benefits under Section 16.60 A.3.(b)(3)(ii), above. The payment shall be in accordance with Section 151.09 G.1. - 2. (Evictions) of this Code.

c. A private right of action under Section 16.60 A.7., below, for causes of action arising out of Section 16.60 A.3.(b)(3)(vii), brought by an occupant in possession of the unit when

the Notice of Intent to Withdraw was filed shall accrue when the owner files for an entitlement, building permit, or Replacement Unit Determination to construct a Development Project.

(4) Right to Return. The owner shall provide the following to the existing occupants of any Protected Units that are lower income households and agree to this requirement on a form provided by LAHD:

(i) A right of first refusal for a deed-restricted Comparable Unit available in the new housing development affordable to the household at their prior rental rate or an Affordable Rent or an

Affordable Housing Cost, whichever is lower. Where the prior rental rate is used to establish the initial rent, subsequent rent increases for such tenants shall not exceed the allowable rent increase for rent stabilized units under Chapter XV (Rent Stabilization Ordinance) of this Code, and this limitation shall be included in the covenant recorded for the affordable replacement unit. This right of first refusal requirement shall not apply to any of the following:

a. A Development Project that consists of a single residential unit located on a site where a single Protected Unit is being demolished;

b. Units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for Lower Income Households, except when Protected

Units are occupied by households who qualify for residence in the new development and for whom providing a Comparable Unit would not be precluded due to unit size limitations or other requirements of any funding source of the housing development, as determined by the Los Angeles Housing Department; or

c. A Development Project that meets all of the criteria in 16.60 A.4.(a)(1).

(5) Additional Tenant Notification Obligations.

(i) A project applicant shall notify existing tenants in writing of all their legal rights under Section 16.60 A.3.(b) of this Code. Information regarding the tenant’s eligibility for these rights,

rent guidelines for the new unit, and any procedures the tenant will need to follow to exercise these rights shall be provided in writing to the tenant in accordance with any and all requirements

and procedures of LAHD’s Replacement Unit Determination (RUD). The applicant shall provide and maintain accurate contact information to tenants for purposes of communicating throughout the construction and lease up of the Development Project.

(ii) A project applicant or their predecessor-in-interest shall provide written notice to any tenant who is exercising their right to return of major milestones in the development process,

including but not limited to: (1) the start of construction; (2) on at least a bi-annual basis provide updates on the anticipated date of when occupancy would be opened; (3) at least 180, 90, 30 and 15 days in advance of the anticipated availability of the unit pursuant to the issuance of the Temporary or Final Certificate of Occupancy; (4) when the Temporary Certificate of Occupancy is issued; and (5) when the Final Certificate of Occupancy is issued. Failure to inform tenants of the project’s major milestones may result in commensurate additional time provided to the tenant to return to the replacement unit. This subsection shall not preclude tenants from contacting the applicant or their predecessor-in-interest to inquire about progress throughout construction and lease up of the Development Project.

(iii) Where a tenant household has a right of return pursuant to Section 16.60 A.3.(b) of this Code, the project applicant or their predecessor-in-interest shall notify the tenant household of

this right. The notice must comply with the applicable standards set forth by LAHD and include the rent guidelines for the project and any procedures the tenant must follow to claim a new unit. Where LAHD has created a standard notice, the project applicant must provide that standard notice to tenant households.

(iv) Within 30 days of receipt of the notice that the Temporary or Final Certificate of Occupancy has been issued and the replacement unit is available, a tenant household must notify the

owner if it wishes to reoccupy the replacement unit or room. The owner must hold the unit or room vacant at no cost to the tenant for 60 days from the date the tenant household's written notice of its intent to reoccupy the rental unit is received.

(v) Where a tenant household has a right to remain pursuant to Section 16.60 A.3.(b) of this Code the project applicant or their predecessor-in-interest shall provide written notice to existing occupants of the planned demolition, the date they must vacate, and their rights under this section.

(vi) A project applicant who experiences unforeseen delays in issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy impacting the timeline of their construction

milestone updates shall not be subject to the Private Right of Action described in Section 16.60 A.7., so long as they can demonstrate compliance with the tenant notification obligations in Section 16.60 A.3.(b)(5).

4. Approval of Non-Housing Development Projects that Result in the Demolition of Housing Units until January 1, 2030. Notwithstanding any other law until January 1, 2030, the City shall not approve any Development Project that is not a Housing Development Project and will require the demolition of occupied or vacant Protected Units, or is located on a site where Protected Units were demolished in the previous five years, unless all the following requirements are satisfied.

   (a) Replacement of Existing or Demolished Protected Units. The project shall replace all existing Protected Units and Protected Units demolished on or after January 1, 2020, pursuant to the

   replacement requirements of California Government Code Section 65915(c)(3) and Section 16.60 A.3.(a) of this Code, consistent with the following requirements:

   (1) The Development Project may not include an industrial use nor be located on a site that is entirely within a zone, adopted prior to January 1, 2022, that does not allow residential uses and the

   Protected Units that are or were on the project site are or were nonconforming uses;

   (2) At the time of permit issuance, a Development Project applicant must sign an affidavit for the Los Angeles Department of Building and Safety to ensure the replacement housing will be

   developed prior to or concurrently to the Development Project. “Developed prior” means that a Certificate of Occupancy or Temporary Certificate of Occupancy for the replacement housing must be obtained prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the nonresidential Development Project;

   (3) The required replacement housing may be located on a site other than the project site but shall be located within the City of Los Angeles, with a preference for sites within close proximity;

(4) The project applicant may contract with another entity to develop the required replacement housing units, except that the replacement housing units shall not fulfill the affordability requirements of any other development pursuant to another law;

(5) A commercial developer seeking a commercial density bonus may propose providing restricted affordable units through an agreement with a housing developer for partnered housing. The

agreement must be approved by the City pursuant to California Government Code Section 65915.7; and

(6) Notwithstanding the requirement that an Accessory Dwelling Unit be located on a lot with an existing or proposed primary residence, the replacement housing may be established through

creation of an Accessory Dwelling Unit with the primary nonresidential use on the parcel being able to be used in place of a primary residence.

(b) Existing Occupant Protections. The Development Project meets the occupant protections described in Los Angeles Municipal Code Section 16.60 A.3.(b); and

(c) Sunset Provisions. The requirements of this subsection shall not apply to projects approved after January 1, 2030, except for those Development Projects that submitted a preliminary application

pursuant to Section 65941.1 of the California Government Code before January 1, 2030. This subsection shall remain in effect until January 1, 2034, and as of that date is repealed.

5. No Net Loss of Dwelling Units. Notwithstanding any other law and notwithstanding density limitations on a site, no permit shall be issued for a Housing Development Project that will require the demolition of one or more residential dwelling units irrespective of Protected Unit status, unless the project will create at least as many residential dwelling units as those demolished. In addition, the Housing Development Project shall include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years, except for the following:

   (a) LAHD may approve an off-site replacement plan for buildings with covenanted affordable housing units that request approval to build a smaller number of units on the site in the following

   circumstances:

   (1) The proposed construction of the new affordable units cannot replace all units on site due to physical changes in unit type, such as replacing Single Room Occupancy or Residential Hotel guest

   rooms with studio dwelling units; or

   (2) The proposed construction of the new affordable housing units cannot replace all units on site and meet the City's required Accessible Housing Program standard;

   (3) Off-site replacement units approved by LAHD pursuant to this subparagraph shall be subject to the following requirements:

(i) Subject to LAHD approval, the off-site replacement housing units will be of Equivalent Size or larger and have equivalent amenities as the on-site replacement housing units, and will be covenanted at the same affordability levels and for at least the same length of time as the on-site replacement housing; and

(ii) Subject to LAHD approval, the off-site replacement housing units will be constructed within a three-mile radius of the on-site replacement housing units.

6. Withholding or Revoking of Demolition Permit Approval for Illegal Tenant Harassment or Eviction.

   (a) Thresholds for Placement in Anti-Harassment Violators Database. LAHD shall place a beneficial owner onto the LAHD Anti-Harassment Violators Database when:

   (1) A final judgment has been issued against the beneficial owner within the last five years, which does not precede the operative date of this Section 16.60 A.6., for unlawful tenant harassment

   under the City’s Tenant Anti-Harassment Ordinance, known as “TAHO”, as set forth under Article 5.3 in Chapter IV of the Los Angeles Municipal Code, or similar actions within City limits under California Civil Code Sections 1940.2, 1942.4, or 1942.5; or

   (2) The City has either (A) issued three final citations for TAHO violations at properties in the City against the beneficial owner within the last ten years, which do not precede the operative date

   of this Section 16.60 A.6., for which all appellate remedies have expired or (B) in zones where there is a heightened risk of displacement of lower income tenants as determined by the City’s

   Displacement Assessment Risk Tool, the City has issued one final citation for TAHO violations at a property against the beneficial owner within the last five years, which do not precede the operative date of this Section 16.60 A.6., for which all appellate remedies have expired; or

   (3) A final judgment has been issued against the beneficial owner within the last five years, which does not precede the operative date of this Section 16.60 A.6., for: wrongfully or illegally evicting a tenant within City limits, or causing a tenant to involuntarily quit within City limits in violation of local or state law.

   (4) As used in Section 16.60 A.6., a “beneficial owner” includes any of the following:

   (i) A natural person with a recorded ownership interest in the real property where the tenant harassment takes place;

   (ii) An ownership entity, including a corporation, limited liability company, limited partnership, partnership, or trust with a recorded interest in the real property where the tenant

   harassment takes place;

   (iii) An entity or natural person that meets any of the following criteria:

a. has an “ownership interest” or “ownership or control of ownership interest” as these terms are defined in Section 1010.380(d)(2)(i) - (ii) (Reports of Beneficial Ownership Information) of Title 31 of the Code of Federal Regulations, in an entity described in Sub-subparagraph (4)(i) or (4)(ii) above;

b. exercises “substantial control”, as the term is defined in Section 1010.380(d)(1) (Reports of Beneficial Ownership Information) of Title 31 of the Code of Federal Regulations,

over an entity described in Sub-subparagraph (4)(i) or (4)(ii) above; or

c. receives substantial economic benefits from the assets of an entity described in Sub-subparagraph (4)(i) or (4)(ii) above.

(iv) A beneficial owner for purposes of the above excludes the following:

a. A minor child;

b. A person acting solely as an employee of an ownership entity and whose control over, or economic benefits from, that ownership entity derives solely from the employment status of the person;

c. A person whose only interest in an ownership entity is a future interest through a right of inheritance; or

d. A creditor of an ownership entity, unless the creditor meets the requirements specified in Sub-subparagraph (i) above.

(b) Notice of Determination and Right to Staff Review. After LAHD places an individual or entity into the LAHD Anti-Harassment Violators Database, LAHD shall send a Notice of Determination to

the known beneficial owner(s) of the property, if different from the project applicant or permittee, as shown on the last equalized assessment roll, and to any person holding a deed of trust, mortgage, or other security interest in the property as revealed by a title search with respect to the property.

The Notice of Determination shall state that the LAHD General Manager, or designee, has determined based on criteria in Section 16.60 A.6.(a) that the beneficial owner should be placed in the LAHD Anti-Harassment Violators Database, the basis for that determination, and the potential consequences under this ordinance. This section does not create any new appeal rights under the Administrative Citation Enforcement (ACE) Program. Within 14 days of the date of this notice, the beneficial owner(s), subject to being placed in the database, shall have a right to request an LAHD staff level review of this determination. At the review, the beneficial owner may submit any evidence relevant to this determination.

(c) Review of Determination. The LAHD staff review shall be set on a date no earlier than 20 days after the date of the Notice of Determination, and the review shall be conducted no later than 60 days after the date of the Notice of Determination. At the review, the beneficial owner may submit any evidence relevant to this determination regarding the correct identity of the violator and the correct number

of violations. The review shall be limited to whether the beneficial owner meets one of the stated criteria set forth in Section 16.60 A.6.(a) above.

Within 30 days of the review, LAHD shall provide a written LAHD Notice of Outcome notifying the beneficial owner of the outcome of the review. If the determination is upheld in review, the beneficial owner may seek judicial review by writ of mandamus.

(d) Consequences of Placement in LAHD’s Anti-Harassment Violators Database. When there has been a final determination to place a beneficial owner on the LAHD Anti-Harassment Violators

Database, LAHD shall notify in writing the Superintendent of Building and Safety and the Director of Planning.

If any owner, applicant, or permittee, seeking a demolition permit or approval that is subject to Section 16.60 for a Development Project involving new construction, major renovations, or additions, is on

the LAHD Anti-Harassment Violators Database, the Superintendent of Building and Safety shall withhold or revoke the issuance of any demolition permits for five years and the Director of Planning and/or Superintendent of Building and Safety shall withhold the issuance of any approval for five years unless otherwise prohibited by law. Where the City has denied or revoked a demolition permit or approval to any applicant under this paragraph (d), the denial or revocation for a five year term for the subject property shall apply to any new owner of the property, unless the new owner is developing a publicly- financed affordable housing project on the same site where more than 50 percent of the units are affordable, except for manager’s unit(s).

Demolition permits or approvals that are necessary to comply with a Department of Building and Safety, LAHD, or other government order shall not be withheld or revoked under this Section.

The five-year hold period shall commence on the date that a court’s final judgment is entered or the City’s citation for a TAHO violation is final and no further judicial remedies are available.

If at the end of the five-year hold period, no new citations have been issued to and no court findings have been made against the beneficial owner(s), the beneficial owner(s) or subsequent owners shall be removed from the LAHD Anti-Harassment Violators database. However, if during the five-year period, there is a new citation or court-entered judgment against the same beneficial owner, the five-year ban shall be extended from the date that the most recent citation or court-entered judgment becomes final and no further appeals are available. No citation used to place a beneficial owner into the database may be used against the beneficial owner more than once.

Notwithstanding any other law, any action by the Department of Building and Safety or the Department of City Planning resulting from any of the provisions of this section, including demolition permit revocation and withholding of an approval shall not be further appealable.

(e) Operative Date and Subsequent Ordinance. This Section 16.60 A.6. shall become operative after LAHD establishes a determination and review process and publishes a notice of its effective date

on the LAHD website and at least once in a newspaper of a general circulation in the City of Los Angeles.

If the City adopts a subsequent ordinance in conflict with the procedures in this Section 16.60 A.6. relating to the withholding or revoking of a demolition permit, this Subparagraph shall be of no further

force and effect.

7. Private Right of Action; Civil Penalties.

   (a) An aggrieved tenant under Section 16.60 of this Code, or any person, organization, or entity who will daily and adequately represent the interests of an aggrieved tenant(s) under this Section 16.60,

may institute civil proceedings as provided by law, against any owner, or their successor-in-interest, for violating any of the provisions of this Section 16.60 and any person who aids, facilitates, or incites another to violate the provisions of this Section 16.60, such as submitting false information in response to the requirements of this section.

(b) The prevailing tenant may be awarded compensatory damages. A court may impose civil penalties up to $10,000 per violation of provisions of the covenant described in this Section 16.60 depending

upon the severity of that violation, tenant relocation, or other appropriate relief, as adjudged by the court. Treble damages may also be awarded for willful violations. If a tenant prevailing under this article is 65 years or older or disabled, the court may impose additional civil penalties up to $5,000 per violation depending upon the severity of the violation of the covenants as described in this Section 16.60. The prevailing tenant shall be awarded reasonable attorneys’ fees and costs.

(c) Any owner or their agent violating any of the provisions of Section 16.60, may be enjoined therefrom by a court of competent jurisdiction.

(d) The right to bring a civil action under Section 16.60 shall extend to current tenants at a property, to former tenants at a property who were displaced by violations of Section 16.60, and to the City.

(e) The remedies in this paragraph are not exclusive nor do they preclude any tenant or the City from seeking any other legal or equitable remedies, penalties and punitive damages, as provided by law.

(f) Any agreement, whether written or oral, waiving any of the provisions contained in this Section 16.60 shall be void as contrary to public policy.

8. Relationship to Other Zoning Provisions and Laws. The provisions of Section 16.60 shall apply citywide except for Historic Preservation Overlay Zones (HPOZs). Specific Plans, Supplemental Use

Districts, or other overlays may establish additional replacement requirements and/or additional occupant protections greater than those provided in Section 16.60 A., in which case, the greater replacement requirements and occupant protections shall be used. This section is intended to comply with the minimum requirements of California Government Code Section 66300.6. If at any time this section does not meet the minimum requirements of California Government Code Section 66300.6, the greater replacement requirements and occupant protections shall be used. The Director of Planning may prepare Implementation Memoranda, Technical Bulletins and/or User Guides for the requirements set forth in California Government Code Section 66300.6, for the purpose of providing additional information pertaining to this section and meeting minimum requirements.

(Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)

A. Length of Affordability.

1. A Restricted Affordable Unit is subject to this section and must be restricted by a covenant acceptable to the Los Angeles Housing Department recorded with the Los Angeles County Recorder, guaranteeing that the occupancy restrictions will be observed for at least 99 years from the issuance of the Certificate of Occupancy except for:

   (a) A development for which public subsidies are tied to a specified covenant period, as determined by the Los Angeles Housing Department, unless the project applicant voluntarily agrees to a covenant

   period of at least 99 years;

   (b) For sale units, which must be consistent with the for-sale requirements of California Government Code Section 65915(c)(2);

   (c) Residential units for Lower Income Students, Transitional Foster Youth, Disabled Veterans, and/or Homeless Persons, shall be provided at affordability levels as determined in Los Angeles Municipal

Code Section 12.22 A.37. 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;

(d) If a lesser term is required by state or federal law, Chapter I of this Code or as a condition of approval, that term shall be no less than 55 years.

B. Requirements Regarding Unit Design, Unit Mix, Unit Size, Quality and Amenities, Access to, and Distribution of Affordable Units in Mixed-Income Developments. The Los Angeles Housing Department shall have the authority to establish and administer requirements applicable to all Restricted Affordable Units in mixed-income developments regarding the unit mix, unit size, quality and amenities, access to and distribution of affordable housing units in mixed-income Development Projects, to ensure compliance with fair housing law and any other applicable requirements, including but not limited to requirements from funding sources. The requirements shall be enforced through an approval by LAHD before permit issuance. The requirements shall be established in a set of Fair Housing Requirements for Affordable Housing created by the Los Angeles Housing Department and the Department of City Planning, and adopted by resolution by the City Planning Commission. If the City Planning Commission fails to adopt these requirements by resolution, the requirements may be presented to the City Council for their consideration and adoption. LAHD shall have the authority to interpret these requirements to best implement their goals.

1. Amendments to the Fair Housing Requirements for Affordable Housing shall be approved by the City Planning Commission, pursuant to the procedures in Section. 13B.1.5 (Guidelines or Standards

Adoption/Amendment) of Chapter 1A of this Code.

2. The Director of Planning and General Manager of LAHD may prepare Implementation Memoranda, Technical Bulletins and/or User Guides for the purpose of providing additional information pertaining to

this Subsection and maintaining consistency with Chapter 12, commencing with Section 66300 of the California Government Code (Housing Crisis Act of 2019).

C. Allocation of Restricted Affordable Units. Restricted Affordable Units shall be subject to the following:

1. Affirmative Marketing and Fair Housing Outreach. Sale or lease of the Restricted Affordable Units shall follow the affirmative marketing and outreach requirements of the Los Angeles Housing

Department (LAHD), as outlined in a deed restriction drafted by LAHD and filed with Los Angeles County Recorder.

2. Affordable and Accessible Housing Registry. All Restricted Affordable Units shall be registered to the extent feasible on the Affordable and Accessible Housing Registry managed by LAHD, or any

existing equivalent listing, when available for rent; and

3. Priority Populations. To the extent practical and consistent with any applicable local, state and federal law, and pursuant to any locally adopted guidelines, the Affirmative Marketing and Fair Housing

Outreach provisions in subdivision 1. and the Affordable and Accessible Housing Registry in subdivision 2. above, as well as any other City Planning or LAHD administrative procedure, should attempt to prioritize those populations with the greatest housing needs that have been displaced by government-related actions. This may include, but not be limited to:

(a) Any person or household who has been displaced through a withdrawal of units pursuant to the Ellis Act and Sections 151.22 to 151.28 (Ellis Act Provisions) of this Code.

(b) A lower income person or household subject to a rent increase related to conversion to market-rate housing due to termination of a public funding subsidy contract, mortgage prepayment, or expiring

use restrictions based on land use entitlement concessions; or

(c) A person or household displaced due to a code enforcement order, including those affected by a natural disaster that resulted in their residential unit being rendered uninhabitable.

D. Private Right of Action; Civil Penalties.

1. A covenant acceptable to the Los Angeles Housing Department shall be recorded guaranteeing compliance with the requirements of Section 16.61.

2. The covenant shall provide a private right of enforcement by the City and any aggrieved current or former tenant or tenants of any building to which a covenant and agreement applies. The aggrieved current or former tenant(s) may institute civil proceedings as provided by law, against any owner, or their successor-in-interest, for violating any of the provisions of the covenant as described in this Section 16.61 and any person who aids, facilitates, or incites another to violate any of the provisions of the covenant described in this Section 16.61, such as submitting false information to the City in response to the requirements of this section. 3. The prevailing tenant may be awarded compensatory or punitive damages. A court may impose civil penalties up to $10,000 per violation of provisions of the covenant described in this Section 16.61 depending upon the severity of that violation, tenant relocation, or other appropriate relief, as adjudged by the court. Treble damages may also be awarded for willful violations. If a prevailing tenant is 65 years or older or disabled, the court may impose additional civil penalties up to $5,000 per violation depending upon the severity of the violation of the covenant as described in this Section 16.61. The prevailing tenant shall be awarded reasonable attorney's fees and costs. 4. Any owner or their agents violating any of the provisions of the covenant as described in this Section 16.61, may be enjoined therefrom by a court of competent jurisdiction. 5. The remedies provided by this Section 16.61 are in addition to any other legal or equitable remedies and are not intended to be exclusive, nor do they preclude any tenant or the City from seeking any other remedies, penalties and punitive damages, as provided by law. 6. Any agreement, whether written or oral, waiving any of the provisions contained in Section 16.61 of this Code shall be void as contrary to public policy.

E. Relationship to Other Zoning Provisions. The provisions of Section 16.61 shall apply citywide except HPOZs. Specific Plans, Supplemental Use Districts, or other overlays may establish longer covenant lengths, requirements for unit design, mix, etc. and/or additional allocation requirements greater than those provided in Section 16.61, in which case the greater covenant length, requirements for unit design, mix, etc. and allocation requirements shall be used.

(Added by Ord. No. 188,479, Eff. 2/11/25, Oper. 2/11/25. See Resolution Eff. 6/18/25.)

A. Purpose. This section is intended to implement state housing element law requirements for sites identified in the most recent Housing Element of the General Plan and its associated rezoning program. These regulations shall apply to the Inventory of Housing Element Sites, Prior Housing Element Sites and Lower Income Rezoning Housing Element Sites.

B. Definitions. For purposes of this section the following words and phrases shall have the meanings specified below. Other terms used in this section shall have the meanings in Section 12.03 of this Code if defined there.

1. Housing Element Sites. Housing Element Sites includes the sites listed on the City’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of the California

Government Code Section 65583, any candidate sites for rezoning to address a shortfall, until those candidate sites are replaced through adoption of a rezoning program adopted by the City Council to implement the City's program to rezone for adequate sites pursuant to paragraph (1) of subdivision (c) of the California Government Code Section 65583, and any sites rezoned through such program.

2. Lower Income Households. Lower Income Households has the same meaning as defined in California Health and Safety Code Section 50079.5.

3. Lower Income Rezoning Housing Element Sites. Sites that were rezoned as part of a rezoning program to meet the Housing Element need for very low- and low-income households allocated pursuant to

California Government Code Section 65584, and which comply with the requirements of California Government Code Section 65583.2(h).

4. Ministerial Approval. An administrative review process to approve a “use by right” as that phrase is defined in California Government Code Section 65583.2(i).

5. Prior Housing Element Sites. Non-vacant Housing Element Sites that were identified in the prior Housing Element and vacant Housing Element Sites that were identified in the prior two Housing Elements,

and listed in Column O of Appendix 4.1 of the current 2021-2029 Housing Element.

C. Map and Inventory of Housing Element Sites.

1. The Housing Element Sites shall be shown on a map, titled “Inventory of Housing Element Sites Map” prepared by the Planning Department and adopted by the City Council pursuant to Division 1.5 of

Article 1 of Chapter 1A of this Code.

2. The Planning Department shall also maintain a list of the Housing Element Sites included on the Housing Element Sites Map, referred to as the “Inventory of Housing Element Sites”, on the City’s Zoning Information Mapping and Access System (ZIMAS).

3. The inventory of the Lower Income Rezoning Housing Element Sites established by City Council Resolution shall be submitted to the state each year as part of the Housing Element Annual Progress Report and identified in a public mapping system including the Zoning Information Mapping and Access System (ZIMAS).

D. Requirements for Development Projects on Housing Element Sites. Notwithstanding any law including any density limits, no Development Project shall be approved on a Housing Element Site that would require the demolition of occupied or vacant Protected Units, or that is located on a site where Protected Units were demolished in the previous five years, unless all the following requirements are satisfied.

1. Replacement of Existing or Demolished Protected Units.

   (a) Housing Development Projects. A Housing Development Project shall replace all existing Protected Units and Protected Units demolished on or after January 1, 2020, pursuant to the replacement

   requirements of California Government Code Section 65915(c)(3) and LAMC Section 16.60 A.3.(a).

   (b) Non-Housing Development Projects. A Development Project that is not a Housing Development Project must satisfy the replacement requirements in California Government Code Section 65915(c)

   (3) and LAMC Section 16.60 A.4.(a), except that the provisions in LAMC Section 16.60 A.4.(c) shall not apply.

E. Maintenance of Adequate Housing Element Sites Throughout the Housing Element Period.

1. The Departments of City Planning and Building and Safety shall not, through any administrative, quasi-judicial, legislative or other actions, reduce the density of a Housing Element Site, or approve any
project on a Housing Element Site parcel(s) with fewer units in aggregate, by income category, than shown as realistic capacity in the most recent list of Housing Element Sites for the remaining housing element
planning period pursuant to California Government Code Section 65584, unless the applicable Department either:

(a) Makes the applicable findings pursuant to California Government Code Section 65863(b), including that, while the proposed project would result in fewer units by income category than those
identified in the Housing Element Sites inventory prepared for the 2021-2029 Housing Element, the remaining sites identified in the Housing Element of the General Plan are adequate to meet the
requirements of California Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to California Government Code Section 65584. A written finding
with substantial evidence shall be included as part of approval of the project on the number of sites by income category and their adequacy to meet the requirements; or

(b) If a finding cannot be made, then, within 180 days of any of the actions described in subdivision 1. above, the Department of City Planning shall, in accordance with the provisions of this Code,
identify and make available additional adequate sites through a rezoning to accommodate the City’s share of the regional housing need by income level.

2. A Housing Development Project may not be denied on the basis that approval of the project would require compliance with this Subsection.

F. Approval Requirements for Housing Element Sites.

1. Ministerial Approval for Prior Housing Element Sites. If a Housing Development Project is proposed on a Prior Housing Element Site that is identified in the most recent Housing Element to accommodate

a portion of the housing need for low and very low income households and at least twenty percent of the project’s units will be made affordable and available to Lower Income Households, the project shall be subject to Ministerial Approval by the City. Any eligible Housing Development Project that would have otherwise required a discretionary entitlement from the Department of City Planning to permit owner- occupied or rental multiple family residential dwelling use on the site shall be processed through an Expanded Administrative Review, as set forth in Section 13B.3.2. of Chapter 1A of this Code. Any non- residential use in a mixed-use Housing Development Project shall comply with any discretionary review required for that use under the Code, or any plan or overlay adopted under the Code. In no case shall Project Review pursuant to Section 13B.2.4 of Chapter 1A be required for any Housing Development Project.

(a) Exception: For the purposes of this subsection, any application for a density increase that requires review under Section 12.24 U.26. of this Code is not eligible for the Ministerial Approval or

Expanded Administrative Review in this subsection and shall be processed pursuant to the procedures of Section 12.24 U.26.

(b) Pursuant to Government Code Section 65583.2(i), any subdivision of a Prior Housing Element Site shall be subject to all laws, including, but not limited to, Article 7 (Division of Land Regulations) of

Chapter I of this Code.

2. Ministerial Approval for Lower Income Rezoning Housing Element Sites. If a Housing Development Project is proposed on a Lower Income Rezoning Housing Element Site that has a minimum density of at least 20 units per acre, and at least twenty percent of the project’s units will be made affordable and available to Lower Income Households, the project shall be subject to Ministerial Approval by the City. Any eligible Housing Development Project that would have otherwise required a discretionary entitlement from the Department of City Planning to permit owner-occupied or rental multiple family residential dwelling use on the site shall be processed through an Expanded Administrative Review, as set forth in Section 13B.3.2. of Chapter 1A of this Code. Any non-residential use in a mixed-use Housing Development Project shall comply with any discretionary review required for that use under the Code, or any plan or overlay adopted under the Code. In no case shall Project Review pursuant to Section 13B.2.4 of Chapter 1A be required for any Housing Development Project.

   (a) Exceptions:

   (i) For the purposes of this subsection any application for a density increase that requires review under Section 12.24 U.26. of this Code is not eligible for the Ministerial Approval or Expanded

   Administrative Review in this subsection and shall be processed pursuant to the procedures of Section 12.24 U.26.

   (ii) Pursuant to Government Code Section 65583.2(i), any subdivision of a Lower Income Rezoning Housing Element Site shall be subject to all laws, including, but not limited to, Article 7

   (Division of Land Regulations) of Chapter I of this Code.

   3. Densities for Lower Income Rezoning Housing Element Sites. A Housing Development Project proposed on a Lower Income Rezoning Housing Element Site shall not be approved unless it meets at least

   the minimum density requirement of 20 units per acre, inclusive of Accessory Dwelling Units.

   4. Relationship to Other Incentive Programs. A project that seeks approval under Section 16.70 F. shall be eligible for a density bonus, incentive, concession, waiver, or reduction of development standards

   pursuant to California Government Code Section 65915, or a local incentive program in Chapter I of this Code or any Community Plan Implementation Overlay, Specific Plan, or other overlay adopted under the authority of Chapter I, provided that the project meets the applicable requirements for both Section 16.70 F. and the applicable incentive program.

   Exception: A CPIO Mixed-Income Housing Project as defined in the Hollywood Community Plan Implementation Ordinance District (Hollywood CPIO), which is identified in the Lower Income Rezoning Sites List, shall be processed through the Administrative Clearance in Section I-6.C.2. of the Hollywood CPIO when the Project’s unit mix includes 20 percent Restricted Affordable Units for lower-income households, in lieu of any higher minimum number of on-site Restricted Affordable Units for a CPIO Mixed-Income Housing Project.

G. Implementation Memoranda, FAQs, Forms / Applications and User Guides. The Director may prepare Implementation Memoranda, Technical Bulletins and/or User Guides related to the Department of City Planning’s implementation of state Housing Element law (Article 10.6 of California Government Code Section 65580 et seq.) through the provisions of this Code, including, but not limited to, providing additional information for the purpose of maintaining consistency with state law.

H. References to state or federal statutes or regulations in this section shall be to those statutes or regulations as written and in effect on the date the ordinance adding those references is adopted.