Month: July 2018

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AFFORDABLE HOUSING LINKAGE FEE ORDINANCE AND UPDATED FEE SCHEDULE

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Kevin J. Keller, AICP Memo:  July 16, 2018

The City Council adopted the Affordable Housing Linkage Fee (AHLF) Ordinance (#185,342) on December 13, 2017 and it became effective on February 17, 2018. The City Council subsequently adopted a revised fee schedule on June 29, 2018, increasing the residential fee amount in the City’s high market areas.

The ordinance places a fee on certain new market-rate residential and commercial development to generate local funding for affordable housing. The amount of the fee varies by the type of use and by location. Because of the ordinance’s phased-in approach, projects submitting plans on or after June 18, 2018 are subject to the fee and fees will increase over time. There are also various exemptions and deductions.

The basic provisions of the law are summarized below. This memo replaces the previous memo dated April 27th , 2018 in order to reflect the revised fee schedule.

 

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Article: Parcels, Taking, and Environmental Protection in Murr v. Wisconsin

Earlier this year, the U.S. Supreme Court turned its attention to property boundaries in a case that adds to its corpus on the Takings Clause of the Constitution. In Murr v. Wisconsin , a family challenged a regulation that fused or “merged” its adjacent parcels of land, preventing them from being sold separately. The family claimed that the restriction amounted to a government “taking.” (Murr , 137 S.Ct. 1933 (2017).)  …

Read the article in the American Surveyor, October 2017     Parcels, Taking, and Environmental Protection in Murr v. Wisconsin

 

Written by Lloyd Pilchen who is a municipal, land use, and environmental lawyer with Olivarez Madruga Lemieux O’Neill LLP in Los Angeles. Pilchen serves as city attorney for the City of Ridgecrest and assistant city attorney for the cities of El Monte and San Gabriel in California.

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Code Amendment / Accessory Dwelling Units / Proposed Ordinance

CF 16-1468       AT PLUM 05/11/2019 CONTINUED FROM 5/15/18

Categorical Exemption pursuant to Public Resources Code 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3), 15301, 15302 and 15303; and related CEQA findings, report from the Los Angeles City Planning Commission (LACPC) relative to a proposed Ordinance amending Sections 12.03, 12.22 and 12.33, and repealing portions of Section 12.24 of Chapter 1 of the Los Angeles Municipal Code for the purpose of regulating Accessory Dwelling Units and complying with State law.

Applicant: City of Los Angeles, Department of City Planning

Case No. CPC-2016-4345-CA
Environmental No. ENV-2016-4346-CE
Fiscal Impact Statement: No.
Community Impact Statement: Yes.

For:
Bel Air-Beverly Crest Neighborhood Council

For if amended:
Eagle Rock Neighborhood Council
Foothill Trails District Neighborhood Council
Wilshire Center Koreatown Neighborhood Council

Neutral:
Granada Hills South Neighborhood Council
Northwest San Pedro Neighborhood Council

City Planning Commission

Case No. CPC-2016-4345-CA

Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code 21080.17 and CEQA Guidelines Sections 15378(a), 15061(b)(3), 15301, 15302 and 15303; and pursuant to CEQA Guidelines Section 15074(b) and related CEQA findings, report from the Los Angeles City Planning Commission relative to a proposed Ordinance amending Sections 12.03 and 12.22 and repealing portions of Section 12.24 of Chapter 1 of the Los Angeles Municipal Code for the purpose of regulating Accessory Dwelling Units and complying with State law; and report from the Department of City Planning responding to the Committee’s request made at the meeting on March 31, 2017, and presentation of draft Ordinance that incorporates recent changes to State law.

Applicant: City of Los Angeles, Department of City Planning

Environmental No. ENV-2016-4346-CE

Fiscal Impact Statement: No.

Community Impact Statement: Yes.

Click on the BLUE highlight to view official documents and reports.

  • 06/10/2019 Department of City Planning document(s) referred to Planning and Land Use Management Committee.
  • 06/07/2019 Planning and Land Use Management Committee scheduled item for committee meeting on June 11, 2019.
  • 06/06/2019 Document(s) submitted by Department of City Planning, as follows:
    Department of City Planning report, dated June 6, 2019, relative to the suggested technical corrections and clarifications to the proposed Accessory Dwelling Unit Ordinance.
  • 05/10/2019 Community Impact Statement submitted by Wilshire Center Koreatown NC.  Refer to CF 16-1468
  • 01/08/2019 Los Angeles City Planning Commission document(s) referred to Planning and Land Use Management Committee.  Propose Ordinance (January 3, 2019), Interested Parties (January 3, 2019), Report from City Planning Commission (January 3, 2019), Findings (January 3, 2019), Department of City Planning Report (January 3, 2019)
  • 01/03/2019 Document(s) submitted by Los Angeles City Planning Commission, as follows:
    Los Angeles City Planning Commission report, dated January 3, 2019, relative to a proposed Ordinance amending the Los Angeles Municipal Code for the purpose of regulating Accessory Dwelling Units in accordance with State Law.  Propose Ordinance (January 3, 2019), Interested Parties (January 3, 2019), Report from City Planning Commission (January 3, 2019), Findings (January 3, 2019), Department of City Planning Report (January 3, 2019)
  • 11/28/2018 Community Impact Statement submitted by Bel Air-Beverly Crest Neighborhood Council.  Refer CF 16-1468
  • 09/19/2018 Community Impact Statement submitted by Granada Hills South Neighborhood Council. Refer to CF 16-1468
  • 07/12/2018 City Planning Commission Draft Ordinance (July 2018)
  • 06/26/2018 Community Impact Statement submitted by Northwest San Pedro Neighborhood Council.   Refer to CF 16-1468
  • 06/23/2018 Community Impact Statement submitted by Foothill Trails District Neighborhood Council.  Refer to CF 16-1468
  • 05/15/2018 Planning and Land Use Management Committee continued item to/for a date to be determined.  Proposed Ordinance (May 11, 2018),  City Planning Letter to PLM (May 11, 2018),  City Planning Report Regarding Hillside Impacts (May 10, 2018)
  • 05/11/2018 Planning and Land Use Management Committee scheduled item for committee meeting on May 15, 2018.  Proposed Ordinance (May 11, 2018),  City Planning Letter to PLM (May 11, 2018),  City Planning Report Regarding Hillside Impacts (May 10, 2018),  City Planning Commission Report (December 22, 2016), Proposed Ordinance (December 22, 2016), Planning Department Report (December 22, 2016), Findings (December 22, 2016), Environmental (December 22, 2016),
  • 05/11/2018 Department of City Planning document(s) referred to Planning and Land Use Management Committee.  Proposed Ordinance (May 11, 2018),  City Planning Letter to PLM  (May 11, 2018)
  • 05/11/2018 Document(s) submitted by Department of City Planning, as follows: Proposed Ordinance (May 11, 2018),  City Planning Letter to PLM (May 11, 2018)

Department of City Planning report, dated May 11, 2018, relative to an Ordinance amending Los Angeles Municipal Code (LAMC) 12.03 and 12.22 and repealing portions of LAMC 12.24 to regulate Accessory Dwelling Units in compliance with State Law.

  • 05/10/2018 Document(s) submitted by Department of City Planning, as follows:   City Planning Report Regarding Hillside Impacts (May 10, 2018)

Department of City Planning report, dated May 10, 2018, relative to a report back regarding hillside impact of the proposed Accessory Dwelling Unit Ordinance.

  • 03/21/2017 Community Impact Statement submitted by Eagle Rock Neighborhood Council. Refer to CF 16-1468
  • 03/21/2017 Planning and Land Use Management Committee continued item to/for to a date to be determined.
  • 03/17/2017 Planning and Land Use Management Committee scheduled item for committee meeting on March 21, 2017.
  • 02/07/2017 Community Impact Statement submitted by Bel Air-Beverly Crest Neighborhood Council.  Refer to CF 16-1468
  • 12/27/2016 Los Angeles City Planning Commission document(s) referred to Planning and Land Use Management Committee.  City Planning Commission Report (December 22, 2016), Proposed Ordinance (December 22, 2016), Planning Department Report (December 22, 2016), Findings (December 22, 2016), Environmental (December 22, 2016), Interested Parities (December 22, 2016)
  • 12/22/2016 Document(s) submitted by Los Angeles City Planning Commission, as follows:  City Planning Commission Report (December 22, 2016), Proposed Ordinance (December 22, 2016), Planning Department Report (December 22, 2016), Findings (December 22, 2016), Environmental (December 22, 2016), Interested Parities (December 22, 2016)

Los Angeles City Planning Commission report, dated December 22, 2016, relative to an ordinance amending Sections 12.03 and 12.22 and repealing portions of Section 12.24 of Chapter 1 of the Los Angeles Municipal Code for the purpose of regulating Accessory Dwelling Units and complying with State law.

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CALIFORNIA LEGISLATIVE UPDATE – July 2018

Click on the green highlight to view official documents and reports for UPDATE STATUS

SB 828 (Wiener)

This bill would prohibit the prior underproduction of housing in a city or county from the previous cycle and stable population numbers in a city or county from the previous cycle from being used as a justification for a determination or a reduction in the jurisdiction’s share of the regional housing need. The bill would also require the final regional housing need plan to demonstrate government efforts to reverse racial and wealth disparities throughout a region by assigning additional weight to local governments that meet specified criteria in the distribution of the regional housing needs allocation for all income categories.

AB 2913 (Wood)

This bill bill, until January 1, 2024, would instead provide that a permit would remain valid for purposes of the California Building Standards Law if the work on the site authorized by that permit is commenced within 3 years after its issuance, or if the work authorized on the site by the permit is suspended or abandoned for a period of up to 3 years after the time the work is commenced. issuance. The bill bill, until January 1, 2024, would authorize the building official to grant, in writing, one or more extensions of time for periods of not more than 180 days per extension upon a written request by the permittee that demonstrates justifiable cause for the extension. The bill would also make conforming changes to the above-described provisions.

AB 2890 (Ting)

This bill would instead require a local agency that has or has not adopted an ordinance to consider a permit application for the creation of an accessory dwelling unit within 60 days. The bill would provide that, if a local agency imposes an owner-occupancy restriction, the frequency of monitoring owner occupancy shall not be monitored more frequently than annually, shall be based on specified published documents, and would further define “owner-occupant” for purposes of that requirement.

AB 2797 (Bloom)

This bill would require that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be accommodated under the California Coastal Act of 1976, but in a manner that harmonizes the Density Bonus Law and specified provisions of that act relating to coastal resources planning and management policies. permitted in a manner that is consistent with that law and the California Coastal Act of 1976. This bill would also declare the intent of the Legislature in this regard.

AB 2753 (Friedman)

This bill would additionally require a city or county to provide the applicant with a determination as to the amount of density bonus and any parking ratios requested by the applicant for which the development is eligible and whether the applicant has provided adequate information to make a determination as to any incentives, concessions, or waivers or reductions development standards requested by the applicant. The bill would require that this determination be based on the development project at the time the application is deemed complete and that the city or county adjust the amount of density bonus and parking ratios awarded based on any changes to the project during the course of development. By adding to the duties of local planning officials in considering applications for density bonuses and other incentives or concessions, the bill would impose a state-mandated local program.

AB 2372 (Gloria)

This bill would authorize a city council or county board of supervisors to establish a procedure by ordinance to grant a developer of an eligible housing development, upon the request of the developer, a floor area ratio bonus, calculated as provided, in lieu of a density bonus awarded on the basis of dwelling units per acre. The bill would define “eligible housing development” as a development that meets specified criteria related to residential use, location, zoning, replacement of units, and affordability. The bill would prohibit the city council or county board of supervisors from imposing any parking requirement on an eligible housing development in excess of specified ratios. The bill would require a city or county that adopts a floor area ratio bonus ordinance to allow an applicant seeking to develop an eligible residential development to calculate impact fees based on square feet, instead of on a per unit basis. The bill would also authorize an applicant for a floor area ratio bonus to submit a proposal for specified additional incentives or concessions, as provided.

AB 2341 (Mathis)

This bill would would, until January 1, 2024, specify that, except as provided, the aesthetic effects of projects meeting certain requirements are not significant effects on the environment for purposes of CEQA and that the lead agency is not required to evaluate the aesthetic effects of those projects.

AB 2263 (Friedman)

This bill would require a local agency to provide specified reductions in required parking for certain development projects in which a designated historical resource, as defined in the bill, is being converted or adapted, unless otherwise required by local ordinance. Because the bill imposes new duties on local agencies, the bill would impose a state-mandated local program.

AB 2162 (Chiu)

This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including commercial zones permitting multifamily uses, if the proposed housing development meets specified criteria criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.

AB 1804 (Berman)

This bill would revise the above-described categorical exemption to include proposed residential and mixed-use housing projects occurring within an unincorporated area of a county. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program. The bill also would require the office to recommend proposed regulatory amendments for the implementation of these provisions and would require the secretary to certify and adopt the changes on or before January 1, 2020.

 

 

 

 

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Veronica Padilla / Commission Appointment / Planning Commission

CF 15-1393    AT CITY COUNCIL (07/03/2018)

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Ms. Veronica Padilla to the Los Angeles City Planning Commission (LACPC).

Recommendation for Council action:

RESOLVE that the Mayor’s reappointment of Ms. Veronica Padilla to the LACPC for the term ending June 30, 2023 is APPROVED and CONFIRMED. Ms. Padilla resides in Council District 7. (Current Commission gender composition: F=4; M=5).

Financial Disclosure Statement: Filed.

Community Impact Statement: None submitted.

 

Click on the green highlight to view official documents and reports.

  • 07/03/2018 Council adopted item forthwith. Report from PLM (June 26, 2018)
  • 06/29/2018 City Clerk scheduled item for Council on July 3, 2018 .   Report from PLM (June 26, 2018)
  • 06/26/2018 Planning and Land Use Management Committee approved item(s) .   Report from Mayor (June 5, 2018)
  • 06/22/2018 Planning and Land Use Management Committee scheduled item for committee meeting on June 26, 2018  Report from Mayor (June 5, 2018)
  • 06/06/2018 Mayor document(s) referred to Planning and Land Use Management Committee.   Report from Mayor (June 5, 2018)
  • 06/05/2018 Document(s) submitted by Mayor, as follows:  Report from Mayor (June 5, 2018)

Mayor report, dated June 5, 2018, relative to the reappointment of Veronica Padilla to the City Planning Commission for the term ending June 30, 2023. Ms. Padilla’s current term expires on June 30, 2018.

  • 12/09/2015 Document(s) submitted by City Ethics Commission, as follows: Report from City Ethics Commission (December 9, 2015)

City Ethics Commission report, dated December 9, 2015, relative to the pre-confirmation financial disclosure statement of Veronica Padilla.

  • 12/08/2015 Council action final.   City Council Action (December 8, 2015),  Report from PLM (December 1, 2015)
  • 12/04/2015 Council adopted item, subject to reconsideration, pursuant to Council Rule 51.
  • 12/02/2015 City Clerk scheduled item for Council on December 4, 2015 .  Report from Mayor (November 23, 2015)
  • 12/01/2015 Planning and Land Use Management Committee approved item(s) .   Report from Mayor (November 23, 2015)
  • 11/25/2015 Planning and Land Use Management Committee scheduled item for committee meeting on December 1, 2015.  Report from Mayor (November 23, 2015)
  • 11/23/2015 Mayor document(s) referred to Planning and Land Use Management Committee.
  • 11/23/2015 Document(s) submitted by Mayor, as follows:  Report from Mayor (November 23, 2015)

Mayor report, dated November 23, 2015, relative to the appointment of Ms. Veronica Padilla to the City Planning Commission for the term ending June 30, 2018. Ms. Padilla will fill the vacancy created by Marta Segura, who has resigned.