ACCESSORY DWELLING UNIT CONVERSION Information Bulletin: Public – Building Code 2023-150

Department of Building and Safety
California State Government Code Section 65852.2 requires that local jurisdictions allow Accessory Dwelling Units (ADUs) by-right.
Section 65852.2(d)(2) prohibits the City from denying an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. The City is required to approve an application to convert unpermitted structures into an ADU where the resulting structure does not pose a threat to the public health and safety.
Unpermitted ADUs constructed prior to January 1, 2018, cannot be denied a permit provided the existing zoning violations do not present a threat to public health and safety. [Government Code Section 65852.23.]
The Department is responsible for deciding what poses a threat to public health and safety.
An existing accessory structure, whether permitted or unpermitted but existing prior to January 1, 2018, can be fully or partially demolished and a new ADU can be constructed in the same location and to the same dimensions as the existing structure; and is allowed to maintain the existing non-conforming setbacks.
This information Bulletin is intended to provide information on conversion of structures such as garages, utility rooms, storage rooms, recreation rooms, hobby shops, accessory living quarters, etc. to ADUs. It applies to permitted structures and to unpermitted structures existing prior to January 1, 2018.
I. GENERAL BUILDING CODE REQUIREMENTS
The following prescriptive requirements apply to one story structures. Any deviation from these prescriptive provisions or structures more than one story shall meet the requirements of the 2022 California Residential Code (CRC) and the California Building Code (CBC) as amended by the City of Los Angeles.
Note that each property may be subject to site-specific conditions and additional requirements may apply.
FOUNDATION
  1. Exterior walls and interior bearing walls shall be supported on continuous footings.
  2. Depth of footings below the natural and finished grades shall not be less than 12 inches, including footings underneath an infilled garage door opening or match existing footing depth if deeper than 12 inches. If any portion of the structure has an existing slab without any footing or is less than 12-inch in depth, the foundation shall be underpinned to a minimum of 12-inch in width and 12-inch in depth or match existing footing depth if deeper than 12 inches.
  3. Minimum concrete strength for new or underpinned footings shall be 2,500 psi.
  4. Existing footings are allowed to remain. New footings shall be reinforced with four½-inch diameter deformed reinforcing bars (two bars at top of footing, two bars at bottom of footing).
  5. An approved epoxy slab coating shall be applied on top of the slab if it does not have the required moisture barrier membrane. New concrete floor slabs on grade shall be placed on a 4-inch fill of coarse aggregate or on a 2-inch sand bed covered with a minimum 10 mil moisture barrier membrane.
  6. Existing slabs are allowed to remain. New concrete floor slabs shall be at least 3-½ inches thick and shall be reinforced with ½-inch diameter deformed reinforcing bars. Reinforcing bars shall be spaced at maximum 16 inches on center.
  7. Existing anchor bolts are allowed to remain. New anchor bolts shall be a minimum of ½-inch diameter x 10” long with 7” embedment spaced at a maximum 6 feet on center. Post-installed anchor bolts shall have an approved evaluation report and shall require special inspection by a deputy inspector.
  8. Existing sills and sleepers are allowed to remain. New sills and sleepers on a concrete slab which is in direct contact with the ground shall be preservative- treated wood in accordance with American Wood Protection Agency (AWPA) U1.
  9. Concrete foundation walls shall extend a minimum of 6 inches above the finished grade adjacent to the foundation.
  10. New exterior plaster (stucco) walls shall be provided with a corrosion resistant weep screed.
  11. Existing buildings located in a Methane Buffer Zone or a Methane Zone shall not be required to comply with LABC Chapter 71 Methane Mitigation, provided the existing slab remains undisturbed.
FRAMING
  1. Existing wall framing may remain unless there is an increase in load of over 400 pounds (i.e. mechanical equipment). If there are no ceiling joists, ceiling joists shall be required to accommodate additional loads (i.e. ceiling drywall, lighting, and mechanical equipment). New framing or altered framing shall comply with current LARC regulations.
  2. The infill walls of existing openings such as a garage door opening shall be 2×4 studs at a maximum 16 inches on center. Existing garage door headers are permitted to remain.
  3. Headers for new openings in existing walls shall comply with current LARC regulations.
  4. Bracing for new openings in existing walls shall comply with the following requirements. Walls with new openings shall provide a minimum total length of 10 feet of Wood Structural Panel (WSP) braced wall panels and shall meet End Condition A or B below. WSP braced wall panels shall be a minimum of 4 feet in length and shall have 15/32-inch minimum thickness with 8d common nails at 6 inch spacing along panel edges, 12 inch spacing at intermediate supports, and 3/8-inch distance to panel edge. ½-inch minimum thickness gypsum wall board shall be installed on the side of the wall opposite the bracing material.
END CONDITION A
END CONDITION B
Return panel: 24” (does not count as bracing)
Distance D: 24”
MEANS OF EGRESS AND EMERGENCY ESCAPE
  1. The egress (main entry) door shall be side-hinged and shall be a minimum of 3 feet in width and 6 feet 8 inches in height. All interior doors through which occupants pass shall have a minimum width of 32 inches.
  2. Emergency escape openings shall be provided from every sleeping room and shall open directly to a yard or public way. Emergency escape openings shall have a minimum clear height of 24 inches, a minimum clear width of 20 inches, and a minimum openable area of 5 square feet. The bottom of the emergency escape opening shall not be greater than 44 inches above the finished floor.
FIRE PROTECTION AND FIRE-RESISTANCE RATED CONSTRUCTION
  1. Automatic fire sprinklers are required only if the main dwelling is required to be fully sprinklered. Automatic fire sprinkler system shall not be required for the ADU conversion when the existing house does not have an automatic residential fire sprinkler system.
  2. Exterior walls less than 5 feet from the property line of a non-sprinklered ADU conversion or less than 3 feet from the property line of a sprinklered ADU conversion shall be 1-hour fire-resistance rated construction. The 1-hour fire- resistance wall can be achieved by installing 5/8” type X gypsum board on the entire interior side of the wall up to the roof line.
  3. No openings shall be permitted in the exterior walls of a non-sprinklered ADU conversion where the exterior wall is less than 3 feet to the property line. The area of exterior wall openings of a non-sprinklered ADU conversion located between 3 feet and 5 feet of the property line shall be limited to 25% of the wall area.
  4. Carbon monoxide alarms shall be installed where the unit contains fuel burning appliance and shall be provided immediately outside of each separate sleeping area.
  5. Smoke alarms shall be provided in each sleeping room and immediately outside of each separate sleeping area. Smoke alarms or smoke detectors shall be installed a minimum of 20 feet horizontal distance from a permanently installed cooking appliance.

Exception:
Ionization smoke alarms with an alarm- silencing switch or photoelectric smoke alarms shall be permitted to be installed 10 feet or greater from a permanently installed cooking appliance.
Photoelectric smoke alarms shall be permitted to be installed greater than 6 feet from a permanently installed cooking appliance where the kitchen or cooking area and adjacent spaces have no clear interior partitions and the 10 foot distances would prohibit the placement of a smoke alarm or smoke detector required by other sections of the code. Smoke alarms listed for use in close proximity to a permanently installed cooking appliance
INTERIOR ENVIRONMENT
  1. Habitable room shall have a floor area of not less than 70 square feet and shall not be less than 7 feet in any horizontal dimension. A minimum ceiling height of 7 feet shall be provided throughout.
  2. The ADU shall provide permanent provisions for cooking, at a minimum: kitchen sink, cooktop, and refrigerator, each with 30 inches minimum clear space in front.
  3. Habitable rooms shall have natural ventilation through an opening of not less than 4 percent of the room’s floor area, unless a whole-house mechanical ventilation system is installed.
  4. Habitable rooms shall have natural lighting through an aggregate glazing (window) area of not less than 8 percent of the room’s floor area, unless an artificial lighting is installed to produce an average illumination of 6 foot-candles at a height of 30 inches above the floor in conjunction with a whole-house mechanical ventilation system.
  5. The unit shall provide heating facilities capable of maintaining a room temperature of not less than 68oF at a point 3 feet above the floor and 2 feet from exterior walls. Portable space heaters shall not be used to achieve compliance with this section. [The CF1R Residential Certificate of Compliance will dictate what means of heating will be provided.]
  6. The unit shall provide a separate bathroom containing a toilet, sink, and bathtub or shower. Bathrooms shall provide mechanical exhaust fans with a minimum intermittent ventilation rate of 50 cubic feet per minute. The center line of any toilet shall be located a minimum 15” from any side wall or obstruction, and a minimum 24” clear space in front of the toilet shall be provided.
  7. Attics shall provide a minimum cross ventilation of 1/150 of the area of the vented space. An attic access opening shall be provided with minimum dimensions of 22 inches by 30 inches and a minimum headroom clearance of 30 inches. The attic access opening shall be located in a hallway or other readily accessible location.
ENERGY / GREEN BUILDING / PLUMBING / ELECTRICAL CODES
  1. The ADU shall comply with California Building Energy Efficiency Standards (Title 24). The CF1R Residential Certificate of Compliance shall be attached to the plans. If the CF1R requires Home Energy Rating System (HERS) field verification, the CF1R shall be registered with a certified HERS provider.
  2. The ADU shall comply with applicable Los Angeles Green Building Code requirements. At a minimum, Green Building Code Forms GRN 1, GRN 11, GRN 14, and GRN 16 shall be attached to the plans.
  3. Detached ADUs are not required to have independent service utility (drainage) connections provided the existing service utility complies with the current plumbing code.
  4. The ADU shall have a separate water shut off valve, accessible in the unit.
  5. The ADU shall require a separate electrical panel.
II. SETBACKS
Existing permitted structures and unpermitted structures existing prior to January 1, 2018, can maintain their existing non-conforming setbacks provided the existing reduced setbacks do not present a threat to public health and safety.
III. PLAN CHECK REQUIREMENTS
PLAN REQUIREMENTS
Document submittal requirements are listed in Information Bulletin P/GI 2020-008.
RECORDS RESEARCH
If the existing building has previously been permitted, a copy of the building’s Certificate of Occupancy and previous building permits shall be provided at the plan check stage to verify the permitted use of the structure.
ACCEPTABLE EVIDENCE FOR ESTABLISHING THE CONSTRUCTION DATE OF UNPERMITTED ACCESSORY STRUCTURES
Documentation establishing that the unpermitted structure was built prior to January 1, 2018 shall include at least one of the following:
  1. Code Enforcement case documentation (i.e. Orders to Comply) .
  2. Rent Stabilization Ordinance (RSO) Rent Registration Certificate.
  3. Contractor’s bills and/or building material receipts.
  4. Utility bills pertaining to the unpermitted construction.
  5. A signed and dated lease agreement.
  6. Other third–party created documents acceptable to the Department.
IV. TYPICAL CLEARANCES
LOS ANGELES DEPARTMENT OF WATER AND POWER (LADWP)
Approval will be required if the existing structure is located in a Public Utility Easement or within 10’ of a Public Utility Easement. Additional information may be found at the following link: LADWP Encroachment Process.
LOS ANGELES DEPARTMENT OF PUBLIC WORKS, BUREAU OF ENGINEERING (BOE)
Approval is required from BOE for all ADUs to asses sewer capacity and availability (i.e. “sewer availability” clearance). Additionally, permit applications for unpermitted dwelling units or projects that alter the site’s existing drainage pattern require roof drainage clearance.
LOS ANGELES FIRE DEPARTMENT (LAFD)
Approval is required if any attached/detached ADU is more than 150 feet from the edge of the roadway or if any detached ADU is located in a designated Very High Fire Hazard Severity Zone (VHFHSZ).
V. INSPECTION REQUIREMENTS
The Department of Building and Safety, at the discretion of the field inspector, may require existing covered or concealed work to be exposed for examination during the inspection phase to verify appropriate installation.
VI. CERTIFICATE OF OCCUPANCY
Once all inspection requirements have been met and the permit has been finalized; and all required clearances from other city departments are obtained, a certificate of occupancy will be issued.

Outdoor dining on private property

CPC-2022-8179-CA      AT CITY PLANNING COMMISSION 04/27/2023 

Council District: All
CEQA: ENV-2022-8180-CE Last Day to Act: 07-01-23
Plan Area: Citywide

PUBLIC HEARING – Completed February 8, 2023
PROJECT SITE: Citywide

PROPOSED AMENDMENT:
City Planning Commission 5 April 27, 2023

The proposed Al Fresco Ordinance would amend Sections 12.03, 12.10.5, 12.11.5, 12.12.2, 12.13, 12.13.5, 12.14, 12.21, 12.21.1,   12.22, 12.24, and 16.02.1 of the Los Angeles Municipal Code (LAMC) to clarify and streamline Zoning Code regulations regarding outdoor dining on private property. As proposed, outdoor dining that complies with the applicable standards would be permitted as a by-right use in any zones where restaurants are currently permitted. Any outdoor alcohol service would continue to require compliance with all applicable zoning regulations as stated in an existing or new discretionary approval or in compliance with the proposed ministerial approval.

REQUESTED ACTIONS:

1. Recommend that the City Council determine, based on the whole of the administrative record, that the Project is exempt from CEQA pursuant to California Public Resources Code Section 21080.25 and CEQA Guidelines, Section 15303 and Section 15311, and there is no substantial evidence demonstrating that an exception to a Categorical Exemption pursuant to CEQA Guidelines, Section 15300.2 applies;

2. Approve and Recommend that the City Council adopt the proposed Ordinance;

3. Recommend that the City Council instruct that the proposed Ordinance be incorporated into the New Zoning Code (future Chapter 1A of the Los Angeles Municipal Code), subject to changes to conform to the format and style of the New Zoning Code;

4. Adopt the Staff Recommendation Report as the Commission’s Report on the subject; and

5. Adopt the Findings.

Applicant: City of Los Angeles
Staff: Bonnie Kim, City Planner
bonnie.kim@lacity.org
(213) 978-1330

Motions – April 21 , 2023

Link:  Motions 

Pg. 8  Vacant Building Ordinance

I THEREFORE MOVE that the City Council direct the Los Angeles Police Department, Los Angeles Fire Department, Department of Building and Safety, Housing Department, Board of Public Works, Department of Water and Power, and Department of City Planning, to transmit to the City Attorney within thirty (30) days a report on the volume of calls, the number of boarded up, abandoned or vacant properties and the average length of time from the initial complaint through the resolution of a nuisance at a property, received by each department since January 1, 2022.

I FURTHER MOVE that the City Council request the City Attorney to submit to Council a report on the number of civil or criminal actions brought by the City Attorney’s Office pursuant to the Vacant Building Ordinance or other nuisance abatement laws against property owners or tenants, and the resolution or status of such actions related to vacant and unsecured or boarded properties in Council District 15.

 

Jacob Noonan / Los Angeles City Planning Commission / Commission Appointment

CF 23-1200-S59

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the appointment of Mr. Jacob Noonan to the Los Angeles City Planning Commission (LACPC).

Recommendation for Council action:

RESOLVE that the Mayor’s appointment of Mr. Jacob Noonan to the LACPC for the term ending June 30, 2027, is APPROVED and CONFIRMED. Mr. Noonan currently resides in Council District 14. Mr. Noonan will fill the vacancy created by Jenna Hornstock, who has resigned. (Current composition: M = 1; F = 7; Vacant = 1)

Financial Disclosure Statement: Filed

Background Check: Completed

Community Impact Statement: None submitted

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LADBS Tech Updates

To better assist Department of Building and Safety customers, this past quarter, the following enhancements to services were implemented:

  • The Plan Check and Inspection System (PCIS) System has been updated to identify applications as ED1 for affordable housing.
  • Updates in ePermit were completed for Solar Contractors with C46 licenses, and they can now use ePermit for Solar PV (solar photovoltaic) applications with Energy Storage Systems (ESS) logic.
  • LADBS is running a pilot program with iPads in the field. Devices have been issued to Code Enforcement and Inspection Bureau staff. The new feature is for iPads to allow viewing electronic plans in the field. The devices are also used to access other LADBS systems.

All-Electric Building Ordinance in Effect, Ordinance No. 187714

Through City ordinance, the City of Los Angeles has approved that all newly constructed buildings be fitted with all electrical infrastructure. All electric buildings contain no combustion equipment such as fuel or gas piping that provide energy for appliances and/or equipment and such structures are expected to rely solely on electricity. Exceptions apply.

For details, view Ordinance No. 187714 pdf

(url: https://clkrep.lacity.org/onlinedocs/2022/22-0151_ord_187714_1-23-23.pdf)

Motions – April 19, 2023

Link: Motions 

Pg. 4  Restaurant and Hospitality Industry

NOW, THEREFORE, BE IT RESOLVED, that by the adoption of this Resolution, the Council hereby activates a new streamlined permitting land use regulatory process, the Restaurant Beverage Program, that shall be in force and full effect in the geographical boundaries attached in Exhibit A.

BE IT FURTHER RESOLVED, that based on the findings outlined in Exhibit B relative to the geographic boundaries found in Exhibit A maps, the Restaurant Beverage Program is in conformity with public necessity, convenience, general welfare, and good zoning practice

 

Downtown Community Plan Update

Dear Stakeholders,
Save the Date for the PLUM Committee Meeting
We are excited to share that the Downtown Community Plan Update (Plan) and the new Zoning Code is expected to be considered by the PLUM committee at a Special Meeting scheduled for April 24, 2023 at 1 p.m. The PLUM Committee meeting agenda will be posted 24 hours prior to the meeting, in compliance with the Brown Act. Members of the public who wish to offer public comment to the PLUM Committee at this meeting may do so in-person. We thank you for your support and engagement in bringing the Plan and the New Zoning Code to this milestone!
The agenda will be accessible online at clerk.lacity.org/calendar. This link will also provide official information on how to access the PLUM Committee meeting and provide public comment during the meeting.
The audio for this meeting is broadcast live on the internet at: https://clerk.lacity.org/calendar. The live audio can also be heard at: (213) 621-CITY (Metro), (818) 904-9450 (Valley), (310) 471-CITY (Westside) and (310) 547-CITY (San Pedro Area).
To access materials and sign up for further email updates about the project, access Council File No. 22-0617. If you wish to submit comments online, you can do so with the Public Comment Form.
The City Planning Commission (CPC) recommended approval of the Downtown Los Angeles Community Plan and New Zoning Code on September 23, 2021. The CPC Recommended Draft and Final Environmental Impact Report of the Downtown Community Plan and New Zoning Code, along with optional modifications for PLUM Committee’s consideration was transmitted to the City Clerk’s Office on September 27, 2022. Additional optional modifications were transmitted to the City Clerk’s Office on March 31, 2023. To help you navigate the transmitted materials, this Fact Sheet summarizes the materials and is available in multiple languages.
A Sustainable, Equitable, and Inclusive Future for Downtown Los Angeles
The Downtown Community Plan describes a collective vision for Downtown’s future and includes planning policies, plans, and implementation programs that frame the City’s long-term priorities. Downtown will have the first Community Plan in the City to apply new zoning tools developed as part of the comprehensive update to the City of Los Angeles’s Zoning Code.
Since its inception in 2014, this Plan has evolved in response to a wide range of stakeholder input. This Plan seeks to address many of the challenges facing Downtown and the larger region, such as climate change, housing demand and affordability, and a shifting economy, through strategies that guide thoughtful growth. Acknowledging an unjust history and current conditions, the programs and policies proposed in this Plan aim to begin the process of equitably meeting the needs of various stakeholder communities in the plan area and reduce racial disparities, especially those unequally present in indigenous, historic cultural communities, low-income communities, and communities of color.
If the PLUM Committee recommends approval of the Plan, it will be presented before the full City Council for its consideration. Review the Timeline tab on the Plan website for more details on the next steps.
Thank you for your continued engagement with Los Angeles City Planning. We look forward to your participation in the PLUM Committee meeting on April 24, 2023.

 

Vacant Building Abatement (VBA) / Public Nuisance / Demolition / Building Inspections / Expedited Process

CF 23-0248

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to shortening the timeline for securing, and, where required, declaring an abandoned building a public nuisance for the purpose of its demolition; and, related matters.

Recommendation for Council action, pursuant to Motion (Raman – Krekorian):

INSTRUCT the Los Angeles Department of Building and Safety, with the assistance of the City Attorney’s Office, the Department of City Planning, and any other relevant departments, as needed, to report back within 30 days with recommendations to shorten the timeline for securing, and, where required, declaring an abandoned building a public nuisance for the purpose of its demolition. The report should include a description of staffing increases necessary to conduct building inspections more efficiently and resolve cases more expeditiously, in addition to an identification of phases of the public nuisance determination process that may be expedited or streamlined.

Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: None submitted

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Propose Site Plan Review for Affordable Housing

 

Dear Stakeholder,
Los Angeles City Planning is pleased to announce the upcoming City Planning Commission (CPC) hearing on Thursday, April 27, 2023, for the proposed amendment to the Site Plan Review Ordinance for Affordable Housing. A Public Hearing will take place during the meeting. All interested persons are invited to participate. The meeting commences at 8:30 a.m. and will occur in-person at Van Nuys City Hall located at 14410 Sylvan Street, #215, Van Nuys, CA 91401. There is also an option to virtually join the meeting and provide public comment over Zoom. The Public Hearing will occur during the meeting, after 8:30 a.m., and will include a brief overview of the proposed amendment to the Site Plan Review Ordinance. The Public Hearing is a formal opportunity for the public to provide comments on the proposed ordinance, which is being considered for recommendation by the City Planning Commission.
Los Angeles City Planning has prepared this zoning code amendment in response to a City Council Motion (Council File No. 22-0268), and in furtherance of the goals of Mayor Bass’s Executive Directive (ED) 1 which aims to streamline reviews for affordable housing. Site Plan Review is a planning entitlement that requires discretionary approval for certain types of developments pursuant to LAMC Section 16.05. The proposed amendment would exempt deed restricted affordable housing units from Site Plan Review threshold calculations. This exemption would help to expedite the permitting of new affordable housing projects to address the ongoing housing crisis. The Ordinance was analyzed in Housing Element Environmental Impact Report No. ENV-2020-6762-EIR, SCH No. 2021010130 certified on November 29, 2021 and the Addendum (ENV-2020-6762-EIR-ADD1) approved June 14, 2022.
Scroll down on the project webpage to find the draft Ordinance, fact sheet, hearing notice and more information.
Following consideration by the City Planning Commission, the ordinance would move to the Planning and Land Use Management (PLUM) Committee of the City Council before eventually heading to the full City Council for consideration and adoption.
The official Notice of Public Hearing is available here.
City Planning Commission Meeting and Public Hearing
Thursday, April 27, 2023, after 8:30 a.m.
Enter Meeting ID 874 1292 1283 and Password 260916
Or join by phone: (669) 900-9128 or (213) 338-8477

 

Proposed Al Fresco Ordinance

Revised Draft Ordinance Release
Thank you to everyone who provided feedback on the initial draft of the Al Fresco Ordinance. Your engagement is critical to this process, and we appreciate all the thoughts and comments we received. Today, City Planning is releasing a revised draft of the proposed Al Fresco Ordinance for outdoor dining on private property along with an updated Fact Sheet with Frequently Asked Questions.
The revised Al Fresco Ordinance, dated April 2023, reflects feedback received during the public hearing and comment period on the initial November 2022 draft ordinance. These revisions include updates to parking relief, operational standards, alcohol authorizations, and more. City Planning also focused on creating a simple and streamlined transition process for current Al Fresco participants with regard to Zoning Code regulations, as well as restaurants looking to expand outdoor dining in the future (see Al Fresco Regulations Comparison Chart).
The revised Al Fresco Ordinance is anticipated to be presented along with a staff recommendation report to the City Planning Commission (CPC), tentatively scheduled for April 27, 2023. Submission guidelines for providing comments directly to the relevant decision-making bodies will be shared as hearing dates are confirmed. In the meantime, feedback on the revised draft ordinance may be submitted by email to alfresco.planning@lacity.org or by hard copy to the mailing address below. Any written communication must include the Case Number CPC-2022-8179-CA.
Thank you for your continued interest in the Al Fresco Ordinance. City Planning invites you to continue to provide your comments on the program as recommendations are presented to the CPC, City Council’s Planning and Land Use Management Committee, and the full City Council at a future date.
Send comments via email to: alfresco.planning@lacity.org
Send comments via mail to:
Mary Richardson
Department of City Planning
200 North Spring Street, Room 701 Los Angeles, CA, 90012
Please include Planning Case No. CPC-2022-8179-CA.