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)

Click on the BLUE HIGHLIGHT to view official documents.

12/22/2023 Ordinance posted/published. Ordinance effective date: January 31, 2024. Final Ordinance No. 188073 01/31/2024, Declaration of Posting 12/22/2023
12/21/2023 Council action final. Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023
12/18/2023 City Clerk transmitted file to Mayor. Last day for Mayor to act is December 28, 2023. Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023
12/15/2023 Council adopted item forthwith. Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023
12/14/2023 City Clerk scheduled item for Council on December 15, 2023. Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023, Communication from Department of City Planning – Supplemental Transmittal 12/11/2023, Attachment to Communication dated 12/11/2023 – Amended Findings 12/11/2023, Attachment to Communication dated 12/11/2023 – Second Errata 12/11/2023, Amending Motion 32A (McOsker – Rodriguez – Park – Raman) 12/08/2023.
12/13/2023 Planning and Land Use Management Committee waived consideration of item . Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023, Attachment to Communication dated 12/11/2023 – Amended Findings 12/11/2023, Attachment to Communication dated 12/11/2023 – Second Errata 12/11/2023
12/13/2023 City Attorney document(s) referred to Planning and Land Use Management Committee. Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023
12/12/2023 Document(s) submitted by City Attorney, as follows: Report from City Attorney 12/12/2023, Attachment to Report dated 12-12-23 – Revised Draft Ordinance 12/12/2023,

City Attorney report R23-0476, dated December 12, 2023, relative to a revised draft Ordinance amending the Los Angeles Municipal Code to streamline Zoning Code regulations to create a permanent Al Fresco Program for outdoor dining on private property.

Department of City Planning report, dated November 27, 2023, relative to the Al Fresco Ordinance for private property.

11/07/2023 Planning and Land Use Management Committee continued item to/for to undetermined date.
11/06/2023 Community Impact Statement submitted by Valley Village Neighborhood Council. Refer to CF 20-1074-S4
11/03/2023 Planning and Land Use Management Committee scheduled item for committee meeting on November 7, 2023. Report from City Attorney 11/02/2023, Attachment to Report dated 11-02-23 – Draft Ordinance 11/02/2023, Report from Board of Police Commissioners 10/31/2023, Report from Department of City Planning 05/26/2023, Attachment to Report dated 05-26-23 – Initial Study 05/26/2023, Attachment to Report dated 05-26-23 – Noise Measurement 05/26/2023, Report from City Planning Commission 05/11/2023, Attachment to Report dated 05/11/2023 – Letter of Determination 05/11/2023, Attachment to Report dated 05/11/2023 – Amended Findings 05/11/2023, Attachment to Report dated 05/11/2023 – Proposed Ordinance 05/11/2023, Attachment to Report dated 05/11/2023 – Staff Report 05/11/2023, Attachment to Report dated 05/11/2023 – Mailing List 05/11/2023
11/03/2023 City Attorney document(s) referred to Planning and Land Use Management Committee.
11/03/2023 Document(s) submitted by City Attorney, as follows:

City Attorney report R23- 0416, dated November 2, 2023, relative to a draft Ordinance amending the Los Angeles Municipal Code to streamline zoning code regulations to create a permanent Al Fresco Program for outdoor dining on private property.

11/01/2023 Board of Police Commissioners document(s) referred to Planning and Land Use Management Committee. Report from Board of Police Commissioners 10/31/2023
10/31/2023 Document(s) submitted by Board of Police Commissioners, as follows: Report from Board of Police Commissioners 10/31/2023

Board of Police Commissioners report, dated October 31, 2023, relative to proposed enforcement and response strategies for noise complaints associated with the Al Fresco Ordinance.

08/06/2023 Community Impact Statement submitted by Studio City Neighborhood Council. Refer to CF 20-1074-S4
07/12/2023 Community Impact Statement submitted by Sherman Oaks Neighborhood Council. Refer to CF 20-1074-S4
06/03/2023 Community Impact Statement submitted by Coastal San Pedro Neighborhood Council. Refer to CF 20-1074-S4
06/02/2023 Planning and Land Use Management Committee scheduled item for committee meeting on June 6, 2023. Attachment to Report dated 05-26-23 – Initial Study 05/26/2023, Attachment to Report dated 05-26-23 – Noise Measurement 05/26/2023 , Report from City Planning Commission 05/11/2023, Attachment to Report dated 05/11/2023 – Letter of Determination 05/11/2023, Attachment to Report dated 05/11/2023 – Amended Findings 05/11/2023, Attachment to Report dated 05/11/2023 – Proposed Ordinance 05/11/2023, Attachment to Report dated 05/11/2023 – Staff Report 05/11/2023, Attachment to Report dated 05/11/2023 – Mailing List 05/11/2023
05/26/2023 Department of City Planning document(s) referred to Planning and Land Use Management Committee. Report from Department of City Planning 05/26/2023, Attachment to Report dated 05-26-23 – Initial Study 05/26/2023, Attachment to Report dated 05-26-23 – Noise Measurement 05/26/2023
05/26/2023 Document(s) submitted by Department of City Planning, as follows: Report from Department of City Planning 05/26/2023, Attachment to Report dated 05-26-23 – Initial Study 05/26/2023, Attachment to Report dated 05-26-23 – Noise Measurement 05/26/2023

Department of City Planning report, dated May 26, 2023, relative to amending the proposed Al Fresco Ordinance for private property to allow ambient music in outdoor dining areas.

05/12/2023 Los Angeles City Planning Commission document(s) referred to Planning and Land Use Management Committee. Report from City Planning Commission 05/11/2023, Attachment to Report dated 05/11/2023 – Letter of Determination 05/11/2023, Attachment to Report dated 05/11/2023 – Amended Findings 05/11/2023, Attachment to Report dated 05/11/2023 – Proposed Ordinance 05/11/2023, Attachment to Report dated 05/11/2023 – Staff Report 05/11/2023, Attachment to Report dated 05/11/2023 – Mailing List 05/11/2023
05/11/2023 Document(s) submitted by Los Angeles City Planning Commission, as follows: Report from City Planning Commission 05/11/2023, Attachment to Report dated 05/11/2023 – Letter of Determination 05/11/2023, Attachment to Report dated 05/11/2023 – Amended Findings 05/11/2023, Attachment to Report dated 05/11/2023 – Proposed Ordinance 05/11/2023, Attachment to Report dated 05/11/2023 – Staff Report 05/11/2023, Attachment to Report dated 05/11/2023 – Mailing List 05/11/2023

City Planning Commission report, dated May 11, 2023, relative to amending the Los Angeles Municipal Code to clarify and streamline Zoning Code regulations regarding outdoor dining on private property.

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