Amendments by the California Coastal Commission pursuant to the California Coastal Act

CPC-2016-3182-CA-AMDT1        CPC 07/27/2023 

UPDATE:  City Planning Newsletter, July 2023

On July 27, the City Planning Commission considered the California Coastal Commission’s amendments to the City’s coastal development permit processes and procedures. This step follows the City Council’s adoption of Ordinance No. 187930 in June 2023 to extend the operative date of the Processes and Procedures Ordinance and allow time for the City Council to adopt the Coastal Commission’s amendments. The extension was necessary to allow the City’s amended coastal development permit provisions to become operative at the same time as the rest of the zoning code’s processes and procedures. The new operative date for the Processes and Procedures Ordinance is January 22, 2024.

The Coastal Commission’s amendments maintain the enhanced community outreach notification requirements that were established in the Processes and Procedures Ordinance. These include increasing the public hearing notification from 10 days to 24 days, increasing the public hearing notification radius from 100 feet to 300 feet, including the applicable Certified Neighborhood Council in any required public hearing notification, and increasing the local appeal period from 10 working days to 15 calendar days. Other Coastal Commission amendments include changes to the definition of “development” to align more closely with the definition in Coastal Act Section 30106, among other clarification updates.

These amendments will now head to Council for adoption in advance of the January 22, 2024, operative date.

 

Prior Post 

Council District: ALL; 11 – Park;

CEQA: ENV-2023-4045-CE 15 – McOsker Plan Area: Citywide Last Day to Act: 09-30-23

PUBLIC HEARING REQUIRED

PROJECT SITE: Citywide

PROPOSED AMENDMENT: An Ordinance amending the provisions of Ordinance 187,712 that regulate development applications and approvals in the City’s coastal zones, namely Section 13B.9.1. of Chapter 1A of the Los Angeles Municipal Code (LAMC). Section 13B.9.1. was approved with amendments by the California Coastal Commission pursuant to the California Coastal Act and must be adopted by the City Council pursuant to the LAMC to be operative in alignment with Ordinance 187,712.

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 CEQA Guidelines, Section 15061(b)(3) and Section 15378(b)(5), 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. Adopt the Staff Recommendation Report as the Commission’s Report on the subject; and 4. Adopt the Findings.

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

Site Plan Review Ordinance for Affordable Housing

UPDATE: July 2023 City Planning Newsletter 

Final Ordinance

Site Plan Review Ordinance Amendment to Promote Affordable Housing
On July 6, City Planning staff joined Mayor Karen Bass for the signing of an amendment to the Site Plan Review Ordinance, adopted by the City Council during the last week in June. The amended ordinance is intended to expedite the construction of affordable housing and add more affordable units to housing projects.

The Los Angeles Municipal Code currently requires housing projects with 50 or more units to undergo Site Plan Review, a Planning process that delays construction and increases costs. When the new ordinance takes effect on August 16, 2023, it will amend the Code to exempt deed-restricted affordable units from a project’s total unit count. It will also exempt a portion of the floor area counted toward the 50,000 square-foot Site Plan Review threshold for mixed-use projects that dedicate at least 50 percent of their floor area to affordable housing uses.

Prior Post 
Dear Stakeholders,
Last week, Los Angeles City Council (City Council) adopted the final amendment to the Site Plan Review Ordinance for Affordable Housing. Today, Mayor Bass has officially signed the ordinance, and we are excited to inform you that the ordinance will take effect precisely 30 days from today’s date.
The ordinance exempts deed restricted affordable housing units from Site Plan Review threshold calculations, as well as certain mixed-use developments that dedicate 50 percent or more of the total project Floor Area to restricted affordable units. The report from the Planning and Land Use Management Committee and additional information can be found here.
We sincerely thank you for your thoughtful feedback in shaping this code amendment and for your sustained engagement throughout the entire process!

Restaurant Beverage Program

Dear Interested Parties,
On February 9, 2022, the City Council voted unanimously to adopt the Restaurant Beverage Program (RBP) Ordinance (No. 187,402), which creates two versions of the RBP, a general and an Alcohol Sensitive Use Zone (ASUZ) version, for sit-down restaurants to serve alcohol if they meet more than 50 eligibility criteria, performance standards, and enforcement procedures. The ASUZ version contains additional standards, including a one-year provisional period with a complaint portal review. The RBP Ordinance became effective on March 31, 2022, and can be accessed here.
To participate in either program, a qualifying restaurant must be located in a neighborhood that has been identified as eligible by the City Council. The RBP Ordinance requires the City Council to designate specific geographic areas by City Council Resolution in order to activate either the general or sensitive use provisions of this ordinance. The City Council has already adopted Resolutions to activate the general version of the RBP in the entirety of Council Districts 2, 3, 4, 5, 7, 10, 11, 12, and 13; and both the general and ASUZ versions in parts of Council District 15. On Tuesday, August 1, 2023, the City Council’s Planning and Land Use Management (PLUM) Committee will consider a proposed Resolution relative to activating the RBP in certain areas in Council District 14. You can find the resolution, along with its attached map and findings, by visiting the Resolution’s Council File (CF 17-0981-S10) and in the agenda for this meeting.
The PLUM Committee meeting will begin at 2 p.m. and be conducted in person at City Hall. Agendas for City Council and Committee meetings can be found online at https://clerk.lacity.org/calendar. The posted agendas will include instructions for submitting comments.
For more information regarding the RBP Ordinance, please visit the Council File No. 17-0981. If you have any questions, please contact Roberto Luna at roberto.luna@lacity.org and reference Ordinance No. 187,402 and Case No. CPC-2018-4660-CA.
Thank you for your continued interest in the RBP.
Sincerely,
Los Angeles City Planning

 

 

Council and Committee Referrals – Friday, July 28, 2023

 

15-0499-S2 Tree and biodiversity planning and the City’s urban canopy
To Planning and Land Use Management Committee
Department of City Planning, Board of Public Works, Department of Building and Safety, and Bureau of Street Services joint report, dated July 28, 2023, relative to tree and biodiversity planning and the City’s urban canopy

 

18-0315 Conduct a Phase II of the Citywide Inclusionary Zoning Study
To Housing and Homelessness Committee
Department of City Planning report, dated July 27, 2023, relative to a request for reappropriation of funds to conduct a Phase II of the Citywide Inclusionary Zoning Study

 

23-2000-S3 Changes to Committee assignments, and proposed changes to jurisdictions and meeting times.
To Rules, Elections, and Intergovernmental Relations Committee
Communication from Council President, dated July 20, 2023, relative to changes to Committee assignments, and proposed changes to jurisdictions and meeting times.

Council and Committee Referral – Tuesday, July 25, 2023

 

23-0205 Declaring that weeds, rubbish, refuse, and dirt on certain streets, sidewalks, and parkways, and on, or in front of, certain private properties are a public nuisance
To Council
City Attorney report R23-0274, dated July 24, 2023, relative to a draft Ordinance for the 2023 season determining and declaring that weeds, rubbish, refuse, and dirt on certain streets, sidewalks, and parkways, and on, or in front of, certain private properties are a public nuisance, and ordering the abatement of these nuisances.

 

 

 

Citywide Sign Regulations / Revision

CF 11-1705     UPDATE 

Read:  City Planning Commission Letter of Determination   May 25, 2021

Report from the Department of City Planning responding to the Committee’s request made at the meeting held on May 28, 2019, relative to citywide sign regulations and maximizing the discretion of the City Council, opt-in provisions, alternative approaches to siting off-site signs, defining billboard blight, penalties for off-site sign violations, relocation of off-site signs, equity for small businesses and mural signs.

Applicant: City of Los Angeles

Case No. CPC-2015-3059-CA

CEQA No. ENV-2009-0009-CE

Fiscal Impact Statement: No

Community Impact Statement: Yes.

For:
Arroyo Seco Neighborhood Council
Brentwood Community Council
Downtown Los Angeles Neighborhood Council
Glassell Park Neighborhood Council
Granada Hills South Neighborhood Council
Greater Wilshire Neighborhood Council
Hollywood Hills West Neighborhood Council
Northwest San Pedro Neighborhood Council
P.I.C.O. Neighborhood Council
Silver Lake Neighborhood Council
Studio City Neighborhood Council

For if amended:
Boyle Heights Neighborhood Council
Coastal San Pedro Neighborhood Council
Los Feliz Neighborhood Council
South Robertson Neighborhood Council
Tarzana Neighborhood Council

Against:
Bel Air-Beverly Crest Neighborhood Council
Historic Highland Park Neighborhood Council
Palms Neighborhood Council
Rampart Village Neighborhood Council
West Los Angeles Neighborhood Council

Against unless amended:
Del Rey Neighborhood Council
Eagle Rock Neighborhood Council
Echo Park Neighborhood Council (formerly Greater Echo Park Elysian Neighborhood Council)

Neutral:
Westside Neighborhood Council

Continue reading

LADBS “Listen to the Industry”

The first webinar starts at 10 AM today! Wed, July 19, 2023.

These sessions will be held on July 19 & 20, 2023. Join LADBS subject matter experts who will provide updates as well as listen to you during Q & A sessions. Sign up now and secure your spot! See details below, click on the session(s) you wish to attend, and confirm via Zoom registration.

We look forward to you joining us.

Wednesday, July 19, 2023:
Residential / Building Code
Date: WED, July 19, 2023
Time: 10:00 AM – 11:00 AM

*****  Common violations which often cause delays for Residential 1- or 2-family dwelling projects with

Accessory Dwelling Units, and Q&A session.
Click to Register to Attend
Affordable Housing
Date: WED, July 19, 2023
Time: 11:00 AM – 12:00 PM

*****   Department updates and Q & A session.
Click to Register to Attend
Solar
Date: WED, July 19, 2023
Time: 2:30 PM – 3:30 PM

*****  Department updates and Q & A session.
Click to Register to Attend

—————————————————————————————————————–

Thursday, July 20, 2023:
The following webinars provide an overview of the most common correction notice items identified by LADBS by industry, followed by a Q&A session.
Electrical Code

Date: THUR, July 20, 2023
Time: 9:00 AM – 10:00 AM
Click to Register to Attend
Mechanical Code

Date: THUR, July 20, 2023
Time: 10:30 AM – 11:30 AM
Click to Register to Attend
Plumbing Code

Date: THUR, July 20, 2023
Time: 1:00 PM – 2:00 PM
Click to Register to Attend
Fire Sprinkler Code

Date: THUR, July 20, 2023
Time: 2:30 PM – 3:30 PM
Click to Register to Attend

Processes & Procedures Ordinance

Dear Stakeholder,
In December 2022, the City Council adopted the Processes and Procedures Ordinance, initially slated to become operative July 22, 2023.
In June 2023, the City Council adopted Ordinance No. 187930, extending the Operative Date to allow time for the California Coastal Commission to certify amendments to the City’s Coastal Development Permit program. As such, the new operative date for the Processes and Procedures Ordinance is January 22, 2024.
In the interim, the California Coastal Commission’s amendments to the City’s Coastal Development Permit program will be considered by the City Planning Commission and adopted by the City Council, such that the program and the rest of the City’s amended processes and procedures can become operative at the same time. The Coastal Commission’s amendments are scheduled for the City Planning Commission meeting on July 27, 2023 (see the Courtesy Notice of Public Hearing here).
The Department is offering a round of Office Hours on the following dates for questions regarding the Coastal Development Permit program.
Tuesday, July 18, 2023, 2 p.m. – 4 p.m.
Thursday, July 20, 2023, 2 p.m. – 4 p.m.
You may register for a 30-minute time slot here.
The Department will also offer another two rounds of public Office Hours and an informational Webinar sometime in Fall 2023/Winter 2024 for public stakeholders and interested parties with specific questions for Planning staff regarding the Processes and Procedures Ordinance. More information will be provided at a later date.
Additionally, a dedicated webpage for Processes and Procedures, which summarizes the upcoming changes in greater detail, and provides helpful resources, is now available at the following link: Planning4LA.org/project-review/processes-procedures
To receive future updates on the implementation of this Ordinance, please sign up to join the interested parties list: https://planning.lacity.org/about/email-sign-up. Members of the public may also subscribe directly to the proposed Ordinance’s Council File (12-0460-S4).
Thank you for your continued engagement with Los Angeles City Planning.

Housing Element Rezoning: Citywide Program Update

Housing Element Rezoning Program Virtual Office Hours
July 10-11, 14, 17-18, and 21, 2023

RSVP to attend the Google Meet 

Dear Interested Parties,

Don’t miss out on your chance to share your thoughts on the Citywide Housing Incentive Program Concepts! Help shape the program by engaging in the Concept Explorer and Survey, joining us at an upcoming office hour, or emailing your ideas to housingelement@lacity.org. Stakeholders can reserve 20-minute one-on-one office hours held virtually via Google Meet. Register today!

Resources:

 

Metro’s Transportation Communication Network

Dear Stakeholder,
Los Angeles City Planning will conduct a Virtual Public Hearing for the proposed Metro Transportation Communication Network Ordinance and project on July 12, 2023, from 6 p.m. to 8 p.m. All interested parties are encouraged to attend and provide feedback.
At the direction of the Los Angeles City Council, Los Angeles City Planning has prepared two ordinances to amend the Zoning Code to allow the Los Angeles County Metropolitan Transit Authority (Metro) to implement a Transportation Communication Network (TCN) (CF 22-0392). Metro is proposing to erect digital display signs on up to 49 Metro-owned parcels throughout the City that are adjacent to certain freeways and major streets as part of its TCN program. The proposed ordinances, known collectively as the Metro TCN Ordinance, will create a new Supplemental Use District (SUD) and include a Zone Change to apply the TCN SUD and its regulations to specific parcels owned by Metro.                                                                                                                                                                              
The proposed ordinance’s sign regulations include operational standards, location restrictions, and maintenance requirements for the structures and digital displays, and a requirement for the removal of existing static off-site signs both on Metro-owned property and private property resulting in a net reduction in off-site signage within the City.
The draft ordinance, fact sheet, hearing notice, maps, and more information can be found on the project website.
The Public Hearing is a formal opportunity to provide public comment on the proposed Metro TCN Ordinance to a hearing officer. The Public Hearing is used to collect comments and feedback to help inform a staff report and recommendation to the City Planning Commission. No decisions will be made at the time of the Public Hearing. Participants may join the Public Hearing online or by phone at any time between 6 p.m. and 8 p.m. to offer testimony. In order for all participants to be heard, speakers at the Public Hearing may be limited in the length of their testimony.
Beginning at 6 p.m., City Planning will present a brief overview of the proposed Metro TCN Ordinance and the process to provide public comment. The Public Hearing will begin at 6:30 p.m. The official Notice of Public Hearing is available here. In addition to comments provided at the Public Hearing, City Planning is also accepting written comments, which may be sent via email to terri.osborne@lacity.org, through August 4. Please see the Notice of Public Hearing for more information.
Virtual Staff-Level Public Hearing
Wednesday, July 12, 2023
6 p.m. to 8 p.m.
Virtual Overview Presentation: 6 p.m. – 6:30 p.m.
Virtual Public Comment: 6:30 p.m. – 8 p.m.
Enter Meeting ID 833 2691 7854 and Passcode 702539
Or join by phone: +1 213 338 8477 or +1 669 900 9128

AB-2162 Planning and zoning: housing development: supportive housing.(2017-2018)

Read: AB 2162

SUMMARY: Streamlines affordable housing developments that include a percentage of supportive housing units and onsite services. Specifically, this bill:

1) Requires supportive housing to be a use by right in zones where multifamily and mixed uses are permitted, including in non-residential zones permitting multifamily uses, if the proposed housing development satisfies all of the following requirements:

a) Units within the development are subject to a recorded affordability restriction for 55 years;
b) One hundred percent of the units, excluding manager’s units, within the development are dedicated to lower-income households and are receiving public funding to ensure affordability of the housing to lower-income Californians;
c) At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing. Requires, if the development consists of fewer than 15 units, then 100% of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing;
d) The developer provides the planning agency with the information required in 4), below;
e) Nonresidential floor area shall be used for onsite supportive services in the following amounts:

i) For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services;

ii) For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens;

f) The developer replaces any dwelling units on the site of the supportive housing development, as provided; and,

g) Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

2) Provides that in a city or the unincorporated area of the county where the population is 200,000 or less and the homeless population based on the annual point-in-time count (PIT) is
1,500 or less, by right applies to developments of 50 units or less. A city or county meeting this description may adopt a policy to approve developments by right above 50 units.

3) Allows a local government to require a supportive housing development to comply with objective, written development standards and policies; provided, however, that the development shall only be subject to the objective standards and policies that apply to other multifamily development within the same zone.

4) Requires the local government to, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

a) The owner demonstrates that it has made good faith efforts to find other sources of financial support;
b) Any change in the number of supportive units is restricted to the minimum necessary to maintain project’s financial feasibility; and,
c) Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

5) Requires a developer of supportive housing to 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, which shall include the following:

a) The name of the proposed entity or entities that will provide supportive services;
b) The proposed funding source or sources for the provided onsite supportive services; and,
c) Proposed staffing levels.

6) Requires the local government to approve a supportive housing development that complies with the requirements of this bill.

7) Requires the local government to notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing. Requires the local government to complete its review of the application within 60 days after the application is complete, for a project with 50 or fewer units, or within 120 days after the application is complete, for a project with more than 50 units.

8) Prohibits the local government from imposing any minimum parking requirements for the units occupied by supportive housing residents, if the supportive housing development is located within 0.5 miles of a public transit stop.

9) States that the bill’s provisions shall not be construed to do either of the following:

a) Preclude or limit the ability of a developer to seek a density bonus from the local government; or,
b) 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.

10) Adds provisions to housing element law to specify that supportive housing, as defined in this bill, shall be a use by right in all zones where multifamily and mixed uses are permitted.

11) Finds and declares that the provisions of adequate supportive housing to help alleviate the severe shortage of housing opportunities for people experiencing homelessness in this state is a matter of statewide concern and is not a municipal affair, thereby applying the bill’s provisions to all cities, including charter cities.

12) States that no reimbursement is required by this act because a local agency has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act.

13) Defines the following terms:

a) “Target population” to mean persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by Government Code Section 11139.3(e)(2).
b) “Supportive housing” to mean housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
c) “Supportive services” to include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
d) “Use by right” to mean the local government’s review of the owner-occupied or multifamily residential use that may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of the California Environmental Quality Act (CEQA), as specified.

The Senate amendment:

1) Provides that in a city or the unincorporated area of the county where the population is 200,000 or less and the homeless population based on the annual point-in-time count (PIT) is 1,500 or less, by right applies to developments of 50 units or less. A city or county meeting this description may adopt a policy to approve developments by right above 50 units.

2) Add a definition of “target population.”

3) Make technical changes.

4) Add language to avoid chaptering issues with AB 686 (Santiago) of the current legislative session.

 

Council and Committee Referrals – Friday, June 30, 2023

 

23-0745 Eligible funding source when the Council and Department of City Planning make public nuisance declarations.
To Planning and Land Use Management Committee
Motion (Harris-Dawson – Yaroslavsky) relative to requesting the City Attorney, with the assistance of the Planning Department, City Administrative Officer, and Department of Building and Safety, to prepare and present an ordinance to amend Municipal Code Section 91.8906 (Repair and Demolition Fund), as an eligible funding source when the Council and Department of City Planning make public nuisance declarations.

 

23-0002-S71 Maintain the Coastal Zone exemption and provide an unconditional exemption for the Very High Fire Hazard Severity Zones.
To Rules, Elections, and Intergovernmental Relations Committee
Resolution (Park – Yaroslavsky – Lee) relative to including in the City’s 2023-24 State Legislative Program a position on SB 423 (Wiener), if amended, which would maintain the Coastal Zone exemption and provide an unconditional exemption for the Very High Fire Hazard Severity Zones.

 

23-0002-S72 Expand the San Gabriel Mountains National Monument by 109,167 acres
To Rules, Elections, and Intergovernmental Relations Committee
Resolution (Rodriguez – Krekorian) relative to including in the City’s 2023-24 Federal Legislative Program a position on the President of the United States issuing a presidential proclamation under the Antiquities Act, and any administrative or legislative action which would expand the San Gabriel Mountains National Monument by 109,167 acres