Code Amendment / Unapproved Dwelling Units / Proposed Ordinance

CF 14-1150-S1    

City Planning Department  News Release 

Case No. CPC-2015-4474-CA, CEQA No. ENV-2015-4475-CE

  • 05/16/2017 Council Action. Vote Action:  Adopted  Vote Given:  (12 – 0 – 3) Council Action (May 16, 2017), Communication from Mayor (May 12, 2017), Final Ordinance (May 12, 2017), Report from Housing Committee (May 10, 2017)
  • 05/12/2017 City Clerk transmitted file to Mayor. Last day for Mayor to act is May 22, 2017.
  • 05/12/2017 Mayor transmitted file to City Clerk. Ordinance effective date: May 17, 2017.
  • 05/10/2017 Council adopted item, subject to reconsideration, pursuant to Council Rule 51.
  • 05/09/2017 Council continued item to/for May 10, 2017 (Public hearing closed on May 9, 2017). Report from Housing Committee (May 10, 2017), Draft Ordinance (April 18, 2017),
  • 04/20/05/12/2017 City Clerk transmitted file to Mayor. Last day for Mayor to act is May 22, 2017.
  • 05/10/2017 Council adopted item, subject to reconsideration, pursuant to Council Rule 51.   Vote Action: Adopted Vote Given: (12 – 0 – 3)   Report from Housing Committee (May 10, 2017), Draft Ordinance (April 18, 2017),
  • 05/09/2017 Council continued item to/for May 10, 2017 (Public hearing closed on May 9, 2017) City Clerk scheduled item for Council on May 9, 2017 .  Report from Housing Committee (May 10, 2017), Draft Ordinance (April 18, 2017),
  • ? Report from City Attorney (April 18, 2017), Report from City Attorney (April 7, 2017)
  • 04/19/2017 City Attorney document(s) referred to Housing Committee; Planning and Land Use Management Committee.  Draft Ordinance (April 18, 2017), Report from City Attorney (April 18, 2017), Report from City Attorney (April 7, 2017)
  • 04/19/2017 City Clerk transmitted Council File to Planning and Land Use Management Committee – Draft Ordinance (April 18, 2017), Report from City Attorney (April 18, 2017), Report from City Attorney (April 7, 2017)
  • 04/19/2017 Housing Committee approved as amended to receive and file Ordinance dated April 6, 2017, and to approve Ordinance dated April 18, 2017 and Categorical Exemption. Draft Ordinance (April 18, 2017), Report from City Attorney (April 18, 2017), Report from City Attorney (April 7, 2017)
  • 04/18/2017 Document(s) submitted by City Attorney, as follows:  Draft Ordinance (April 18, 2017), Report from City Attorney (April 18, 2017)

City Attorney report R17-0111, dated April 18, 2017, relative to a revised draft ordinance adding Subdivision 10 to Section 14.00.A of Article 4 of Chapter 1 of the Los Angeles Municipal Code to establish a process to legalize unpermitted dwelling units.

  • 04/14/2017 Housing Committee scheduled item for committee meeting on April 19, 2017. Report from City Attorney (April 7, 2017), Revised Draft Ordinance (April 7, 2017)
  • 04/10/2017 City Attorney document(s) referred to Housing Committee; Planning and Land Use Management Committee. Report from City Attorney (April 7, 2017), Revised Draft Ordinance (April 7, 2017)
  • 04/07/2017 Document(s) submitted by City Attorney, as follows:  Report from City Attorney (April 7, 2017), Revised Draft Ordinance (April 7, 2017)

City Attorney report R17-0104, dated April 7, 2017, relative to a second revised draft ordinance adding Subdivision 10 to Section 14.00 A Article 4 of Chapter 1 of the Los Angeles Municipal Code to establish a process to legalize unpermitted dwelling units.

  • 04/07/2017 Council Action. City Council Action (April 7, 2017), Motion 5-A (March 29, 2017), Report from Planning and Management Committee (March 31, 2017)
  • 04/06/2017 City Clerk transmitted Council File to Mayor in error. Council action on March 29, 2017 instructed City Attorney to prepare a revised ordinance to be considered at a later date.
  • 03/31/2017 City Clerk transmitted file to Mayor. Last day for Mayor to act is April 10, 2017.
  • 03/29/2017 Council adopted item as amended, subject to reconsideration, pursuant to Council Rule 51.  Motion 5-A (March 29, 2017), Report from Planning and Management Committee (March 31, 2017)
  • 03/22/2017 City Clerk scheduled item for Council on March 29, 2017 . Report from Planning and Management Committee (March 31, 2017)
  • 03/22/2017 Housing Committee waived consideration of item . Report from City Attorney (March 17, 2017) , Revised Draft Ordinance (March 17, 2017)
  • 03/21/2017 Planning and Land Use Management Committee approved item(s) . Report from City Attorney (March 17, 2017) , Revised Draft Ordinance (March 17, 2017)
  • 03/17/2017 Planning and Land Use Management Committee scheduled item for committee meeting on March 21, 2017. Report from City Attorney (March 17, 2017) , Revised Draft Ordinance (March 17, 2017)
  • 03/17/2017 City Attorney document(s) referred to Planning and Land Use Management Committee.Report from City Attorney (March 17, 2017) , Revised Draft Ordinance (March 17, 2017)
  • 03/17/2017 Document(s) submitted by City Attorney, as follows:Report from City Attorney (March 17, 2017) , Revised Draft Ordinance (March 17, 2017)

City Attorney revised report R17-0086, dated March 17, 2017, relative to a draft ordinance adding Subdivision 10 to Section 14.00 A of Chapter 1 of the Los Angeles Municipal Code to establish a process to legalize unpermitted dwelling units.

  • 10/05/2016 City Attorney document(s) referred to Housing Committee; Planning and Land Use Management Committee.  Report from City Attorney (October 4, 2016), Draft Ordinance (October 4, 2017)
  • 10/04/2016 Document(s) submitted by City Attorney, as follows:  Report from City Attorney (October 4, 2016), Draft Ordinance (October 4, 2017)

City Attorney report R16-0318, dated October 4, 2016, relative to a draft ordinance adding Subdivision 10 to Section 14.00 A Article 4 of Chapter 1 of the Municipal Code to establish a process to legalize unpermitted dwelling units.

  • 05/11/2016 Council Action (May 11, 2016), Report from Housing Committee (May 4, 2016)
  • 05/10/2016 Council adopted item, subject to reconsideration, pursuant to Council Rule 51.  Report from Housing Committee (May 4, 2016)
  • 05/04/2016 City Clerk scheduled item for Council on May 10, 2016 .  Report from Housing Committee (May 4, 2016) , .Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017), Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 04/20/2016 Planning and Land Use Management Committee waived consideration of item .Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017), Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 04/07/2016 City Clerk transmitted Council File to Planning and Land Use Management Committee. Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017), Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 04/06/2016 Housing Committee approved as amended to modify draft ordinance language regarding signage and to include an urgency clause in the final ordinance.  Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 04/01/2016 Housing Committee scheduled item for committee meeting on April 6, 2016. Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017), Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 04/01/2016 Corrected Referral per Council President to change referral to Housing Committee. Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017), Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 03/07/2016 Los Angeles City Planning Commission document(s) referred to Planning and Land Use Management Committee. Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017), Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated
  • 03/04/2016 – Environmental Clearance (March 4, 2016)
  • 03/04/2016 Document(s) submitted by Los Angeles City Planning Commission, as follows: Attachment to Report dated 03/04/2016 – Interested Parties (March 3, 2017) , Report from Los Angeles City Planning Commission (March 4, 2016), Attachment to Report dated 03/04/2016 – Proposed Ordinance (March 4, 2016) , Attachment to Report dated 03/04/2016 – Environmental Clearance (March 4, 2016)

Los Angeles City Planning Commission report, dated March 4, 2016, relative to a proposed unapproved dwelling unit ordinance to amend Section 14.00 of the Los Angeles Municipal Code for the purpose of creating a new process for granting legal status to unapproved dwelling units in existing multiple-family buildings when certain affordability criteria are met.

— Historical as presented to City Council May 9,2017

CATEGORICAL EXEMPTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to unpermitted dwelling units.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

DETERMINE that the project is categorically exempt pursuant to City’s California Environmental Quality Act (CEQA) Guidelines Section 15301, and Class 1, Categories 1, 4 and 5 of the CEQA Guidelines. Projects that qualify for this exemption include those involving repair, permitting, or minor alteration of existing private or public structures or facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. This determination that the project is exempt from CEQA as referenced above, is based on the whole of the administrative record, the lead agency’s independent judgment and analysis, and the determination that there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies.

ADOPT the FINDINGS approved by the Los Angeles City Planning Commission on February 25, 2016, as the Findings of the Council.

PRESENT and ADOPT the accompanying ORDINANCE dated March 17, 2017, adding Subdivision 10 to Section 14.00 A of Chapter 1 of the Los Angeles Municipal Code to preserve and create affordable housing units by establishing a process for granting legal status to existing unpermitted dwelling units in multiple-family buildings when certain affordability criteria and performance standards are met, in conformance with the State Density Bonus provisions in California Government Code section 65915.

INSTRUCT the Department of City Planning (DCP) to report in one year on the impacts that this policy has had and any proposed changes recommended by the DCP and the Housing and Community Investment Department.

Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: None submitted.

(Housing Committee waived consideration of the above matter)

URGENCY CLAUSE – 12 VOTES REQUIRED ON SECOND READING

AMENDING MOTION (CEDILLO – HUIZAR)  ADOPTED as Amended, (14)
Recommendation for Council action:

REQUEST the City Attorney to prepare and present an ordinance as stated below, in anticipation of the preparation of approximately 600 covenants from owners submitting applications under this ordinance.

Prepare a revision to the ordinance relative to unpermitted dwelling units to include an amendment to Section 19.14(a) of Chapter 1 to clarify that the affordable housing covenants described under Section 14.00 A.10(c)(2) are subject to previously approved fees for covenant preparation, enforcement and monitoring as well as an amendment to Section 19.14(e), to remove the word initial since projects subject to this ordinance will already have existing certificate of occupancies. The purpose of these fees (as approved by Council on September 27, 2016 [Council file No. 13-0413]) is for cost recovery of HCIDLA effort involved in the implementation of this new ordinance.

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