Month: December 2023

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Outdoor Dining / L.A. Al Fresco / Zoning Code Regulations / Los Angeles Municipal Code / Amendment

CF 20-1074-S4      

CATEGORICAL EXEMPTION, STATUTORY EXEMPTION, NEGATIVE DECLARATION, ERRATA, SECOND ERRATA, and RELATED CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS; COMMUNICATION FROM THE CITY ATTORNEY and REVISED ORDINANCE FIRST CONSIDERATION relative to amending 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 streamline Zoning Code regulations to create a permanent Al Fresco Program for outdoor dining on private property.

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

DETERMINE, based on the whole of the administrative record, that Project No. ENV-2022-8180-CE is exempt from CEQA pursuant to CEQA Guidelines, Sections 15303 and 15311, and there is no substantial evidence demonstrating that an exception to a Categorical Exemption pursuant to CEQA Guidelines, Section 15300.2 applies; and, the project is exempt from CEQA pursuant to Public Resources Code Section 21080.25.

FIND, pursuant to CEQA Guidelines Section 15074(b), after consideration of the whole of the administrative record, including the Negative Declaration No. ENV-2023-3278-ND, Errata dated October 2023, Second Errata dated December 2023, and all comments received, there is no substantial evidence that the project will have a significant effect on the environment; FIND that the Negative Declaration reflects the independent judgment and analysis of the City; and, ADOPT the Negative Declaration.

ADOPT the Final Amended FINDINGS of the Department of City Planning (DCP), attached to the Council file, as the Findings of Council.

PRESENT and ADOPT the accompanying ORDINANCE, dated December 12, 2023, amending 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 LAMC in order to streamline outdoor Zoning Code regulations to create a permanent Al Fresco Program for outdoor dining on private property.

Case No. CPC-2022-8179-CA

Environmental Nos. ENV-2022-8180-CE; ENV-2023-3278-ND

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

Community Impact Statement: Yes

Against, Unless Amended:
Coastal San Pedro Neighborhood Council
Valley Village Neighborhood Council

For, if Amended:
Sherman Oaks Neighborhood Council

Against:
Studio City Neighborhood Council

(Planning and Land Use Management Committee waived consideration of the above matter)

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Processes & Procedures

 

Dear Stakeholder,
Thank you to everyone who attended our recent webinar and office hours on the Processes and Procedures Ordinance! If you missed the webinar, you can watch the recording on the City Planning YouTube channel.
Presentation slides can be found on the Processes and Procedures page of the Department’s website.
FEE IMPLEMENTATION DATE
On December 7, 2023, the City Council adopted the Department’s recommendation to establish a new fee Ordinance in relation to processes being reorganized or established in the Processes and Procedures Ordinance. As such, the Ordinance will become effective February 10, 2024 (Ordinance 188,063), with the request that the New Planning Fees be operative and in alignment with the Processes and Procedures Ordinance.
APPLICATION FORMS
As of today you can access the application filing forms that have been updated for consistency with the ordinance, alongside the current versions of our forms, on our Forms webpage.
Please be aware that projects are not subject to the provisions of this ordinance if a complete application was filed and fees were paid prior to January 22, 2024 (the Operative Date), and may proceed using the procedures in place prior to these changes. The new application forms offered on the Forms webpage will not be accepted until the Operative Date. This early release is intended to allow applicants to begin preparing their materials in advance of this date and allow additional time for pre-filing questions and consultation.
Depending on when you intend to file a case, click on the form number in one of the two columns to access the appropriate version of the form you would like to use.
Applications filed on or before January 21 are required to use the forms listed under the “Chapter 1 Code” column. All applications filed on or after January 22 will be subject to the Processes and Procedures Ordinance and will be required to use the revised forms under the “Chapter 1A Code” column.
If a new form starts “CP13,” that means it contains changes for Processes and Procedures and will supersede/replace the old version. If it keeps the “CP” prefix, that means the form is retained and won’t be changed. Edits to some forms are minor, whereas others received more comprehensive edits. Some forms are new, were not previously on the website, and/or receive new names.
Please contact Zoning Implementation Section staff with any questions at planning.ch1A_implementation@lacity.org.
Thank you for your attention. The remainder of the text is a general overview of the background for this ordinance.
BACKGROUND
The Processes and Procedures Ordinance is part of a larger initiative to comprehensively update the City’s Zoning Code. It aims to create a clear set of administrative procedures for considering and processing requests for Zoning Code entitlements. The Processes and Procedures Ordinance lays the groundwork for a more user-friendly, transparent, and predictable set of zoning regulations.
In December 2022, the City Council adopted Ordinance 187,712, commonly referred to as the Processes and Procedures Ordinance, which is scheduled to be operative beginning January 22, 2024, as established in Ordinance No. 187,930. On September 19, 2023, the City Council approved a proposed ordinance to amend the provisions that regulate development applications and approvals in the City’s coastal zones, as approved by the California Coastal Commission.
A dedicated webpage for Processes and Procedures, which summarizes the upcoming changes in greater detail and provides helpful resources—including the Processes Comparison Table and Fact Sheet—is available at Planning4LA.org/project-review/processes-procedures.
To receive future updates on the implementation of this ordinance, please sign up for the interested parties list at planning.lacity.org/about/email-sign-up. Members of the public may also view related documents and sign up for updates related to the ordinance itself directly at the Council File (12-0460-S4).

 

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AB 2234 (Rivas) / Internet Permitting Requirements / Post Entitlement Phase Permits / Housing Development Project Applications / Local Agency Internet Website

CF 23-1378

MOTION (HARRIS-DAWSON – KREKORIAN – YAROSLAVSKY) and RESOLUTION relative to extending the deadline to comply with Assembly Bill (AB) 2234’s Internet Permitting Requirements by two years until January 1, 2026, to allow post entitlement phase permits of housing development projects to be applied for, completed, and retrieved by the applicant on a local agency’s internet website

Recommendation for Council action:

ADOPT the accompanying RESOLUTION, and the FINDINGS as required by AB 2234 (Rivas), Chaptered into law in 2022, Government Code Section 65913.3.5(a)(2), to extend by two years, until January 1, 2026, the deadline to comply with its Internet Permitting Requirements, to allow post entitlement phase permits of housing development projects to be applied for, completed, and retrieved by the applicant on a local agency’s internet website.

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Updated thresholds of significance and methodologies

Dear Stakeholder,
Pursuant to California Environmental Quality Act (CEQA) Guideline Section 15064.7(b), the Department of City Planning is considering adopting updated thresholds of significance and methodologies to analyze impacts: 1) for construction noise and vibration, and 2) to historic resources. Pursuant to the authority of the Director of Planning under Los Angeles Charter Section 506 to make and enforce any necessary rules and regulations, the Director is considering the adoption of updated thresholds and methodology in the Department’s preparation of CEQA clearances. Below is a summary of the proposed updates and the available documents for review.
Construction Noise and Vibration
A new set of thresholds was developed based on input from noise experts and a review of noise thresholds used by other state and local agencies. The new thresholds are intended to be better suited to the City’s urban nature, yet still recognize the importance of human health, including sleep disruption. The thresholds account for reasonable expectations regarding noise and vibration during daytime and nighttime hours and also include absolute noise levels to protect human health.
Historic Resources
The update would memorialize best practices for the review and analysis of historic resources.
A virtual public hearing is being held to provide a formal opportunity for public comment on the proposed updated CEQA thresholds. Individuals may join the public hearing online or by phone to offer testimony.
Written Comments
In lieu of attending the public hearing, comments may be submitted by email to mindy.nguyen@lacity.org or by hard copy to the address below through Wednesday, December 20, 2023. Any written communication must include reference to “Updated CEQA Thresholds.”
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Al Fresco Ordinance Update

Planning and Land Use Committee Meeting
Tuesday, December 5, 2023
Meeting begins at 2 p.m.
John Ferraro Council Chamber
Room 340, City Hall
200 N. Spring Street
Los Angeles, CA 90012
Al Fresco Ordinance Update – PLUM Committee Meeting on December 5, 2023
In June of 2023, the Planning and Land Use Management (PLUM) Committee provided amendments and instructions to include additional standards, allowances, and enforcement measures on the Al Fresco Ordinance. In light of that, City Planning has prepared a supplemental report which outlines those additional regulatory requirements as well as a recommendation for an alternative ordinance that seeks to streamline regulations for most operators as they transition from the temporary Al Fresco authorizations on private property.
At their November 7 meeting, the PLUM Committee continued the Al Fresco Ordinance and provided additional instructions to report back on certain standards, accessible parking, and contact information for complaints and concerns. City Planning has prepared a new report with recommendations, and the Al Fresco Ordinance is scheduled to be heard on December 5. The PLUM Committee meeting agenda and live broadcast will be accessible online at clerk.lacity.org/calendar.
We invite you to continue sharing your thoughts on the Al Fresco Ordinance with the PLUM Committee by submitting written comments online at LACouncilComment.com. Public testimony will also be heard during the general public comment portion of the meeting in­-person only; there will be no public comment accepted by teleconference during the meeting. To access materials and sign up to receive electronic notifications about the project, visit Council File 20-1074-S4.
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Metro’s Transportation Communication Network

Planning and Land Use Committee Meeting
Tuesday, December 5, 2023
Meeting begins at 2 p.m.
John Ferraro Council Chamber
Room 340, City Hall
200 N Spring Street
Los Angeles, CA 90012
Dear Interested Stakeholder,
At the direction of the Los Angeles City Council, Los Angeles City Planning has prepared ordinances to amend the Zoning Code to allow the Los Angeles County Metropolitan Transportation Authority (Metro) to implement the TCN program (Council File: 22-0392). Metro is proposing to erect digital display signs on 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. More information can be found on the project website.
On November 7, 2023, the Planning and Land Use Management (PLUM) Committee of the City Council discussed the Metro Transportation Communication Network (TCN) Ordinance. The proposed Ordinance is expected to return to the PLUM Committee after the City Attorney’s Office completes their Form and Legality review of the modified Ordinance that includes amendments from Council Offices 1, 2, 5 and 13 regarding a net reduction of three signs, revisions to the takedown provisions, a decrease in the distancing limitation between Freeway-Facing signs, an increase in the hours of operation for Freeway-Facing signs, expiration date of the proposed Ordinance, and addition of vertical louvers on signs in proximity to sensitive receptors.
The PLUM Committee meeting will provide another opportunity for the public to share their feedback and comments on the proposed Metro TCN Ordinance and project. Written comments may be submitted online to LACouncilComment.com. Public testimony will also be heard during the general public comment portion of the meeting in-person only; there will be no public comment accepted by teleconference during the meeting. To access the proposed ordinance, the City Planning Commission’s recommendation, and to sign up to receive electronic notifications about the project, visit Council File: 22-0392.