Citywide Housing Incentive Program

Dear Interested Parties,
Don’t miss out on your chance to join one of our upcoming webinars to learn more about the ordinances released as part of the Housing Element Rezoning Program! This includes the Citywide Housing Incentive Program (CHIP) OrdinanceHousing Element Sites Ordinance and Resident Protections Ordinance. More information on each of these ordinances can be found below as well as on City Planning’s website here. Please click the date and time below to register. Note that the content of all three webinars will be the same.
Tuesday, April 2, 2024 (English)
Wednesday, April 3, 2024 (Spanish)
Tuesday, April 9, 2024 (English)

 

Pending AB 2011 Amendments Hold Promise For Housing Developers

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On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for “by right” streamlined ministerial (i.e., no CEQA, no discretion) approval of qualifying mixed-income and affordable housing development projects along commercial corridors in zoning districts where office, retail and/or parking uses are principally permitted.

The following is a summary of the key AB 2011 amendments that would, if ultimately passed by the legislature and approved by the governor, apply to mixed-income housing development projects under AB 2243.

East San Fernando Valley Transit Neighborhood Plan

 

Dear Community Members,
Last year, Los Angeles City Planning launched the East San Fernando Valley Transit Neighborhood Plan (ESFV TNP) in anticipation of the new Metro light rail train that is coming to Van Nuys Boulevard. The ESFV TNP is a multi-year work program that will apply new land use designations and zoning regulations about a half-mile around the train route, specifically within portions of the Pacoima, Arleta, and Panorama City communities. The purpose of proactively updating land use and zoning along the corridor is to ensure that new developments arising as a result of the light rail project will bring equitable housing opportunities for the community, support transit ridership and mobility access, and advance economic vitality in the region.
Where We’ve Been
The ESFV TNP program involves opportunities for public participation at every phase of the process. Initial community outreach and engagement for the ‘Listen’ phase of the work program began in Fall 2023. As part of this phase of engagement, the ESFV TNP team has been spreading awareness about the program, building relationships with local organizations, and sharing educational materials to afford community members the foundational knowledge needed to meaningfully participate in the planning process.
Last year, the ESFV TNP team conducted various engagement activities as part of the ‘Listen’ phase of the work program. Staff visited local Neighborhood Councils, tabled at community events, guest taught a land use and zoning class at Pacoima Beautiful’s People’s Collaborative Academy, and presented to students in CSUN’s Political Science Student Association. We appreciated every opportunity to engage with community members and look forward to future engagements with other community groups.
What’s Happening Next
As part of the ongoing ‘Listen’ phase, the ESFV TNP team will continue to collaborate and engage with stakeholders to understand the community’s needs, priorities, and vision for the future development of their neighborhood. The team will utilize all of the feedback heard as they proceed to draft land use maps, which are tentatively scheduled to be released for public review by Winter 2024-2025.
Keep in Touch
Please visit our recently refreshed website to learn more about the work program, review materials from previous events, and sign-up to receive updates by email and/or text message about upcoming events and activities.
Thank you for your interest and engagement with the ESFV TNP program. Any questions or feedback can be sent to the project team at planning.esfvtnp@lacity.org.

 

Developer prevails in Builder’s Remedy lawsuit

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The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot “self-certify” its Housing Element retroactively; (ii) a Builder’s Remedy project is “vested” on the date that a complete SB 330 Preliminary Application is submitted; (iii) the Builder’s Remedy is available until substantial compliance with State Housing Element Law, potentially including the date that any required rezoning is completed; and (iv) project “disapproval” under the Housing Accountability Act (HAA) includes a “clear” decision to refuse to process a complete SB 330 Preliminary Application for a qualifying Builder’s Remedy project

Council and Committee Referral – March 18, 2024

 

23-1264-S1
CD 2
To Planning and Land Use Management Committee
City Attorney report R24-0119, dated March 15, 2024, relative to draft Ordinance to establish the District NoHo Sign District.

 

15-0719-S26
To Public Works Committee
To Transportation Committee
Department of Transportation supplemental report, dated March 14, 2024, relative to Mobility Plan 2035 implementation in compliance with Measure HLA.

 

Council and Committee Referral – Friday, March 15, 2024

 

23-0002-S104
To Rules, Elections and Intergovernmental Relations Committee
Resolution (Rodriguez – Soto-Martinez) relative to including in the City’s 2023-24 State Legislative Program a position on AB 2550 (Gabriel), which would allow small neighborhood restaurants to operate without drinking fountains, allow small businesses to operate without separate gender restrooms and instead allow gender-neutral restrooms, and provide clarity on required protective services for outdoor food preparation.

 

Accessory Dwelling Units (ADUs) / Certificate of Occupancy / Amnesty Program / Unpermitted ADUs / Garage Conversions

CF 16-1468-S1

Los Angeles Department of Building and Safety Report with recommendations relative to identifying and reporting the proper mechanism and documentation necessary for waiving the requirement of a Certificate of Occupancy as the basis for accessory dwelling units (ADU) conversions and the development of an ADU Amnesty Program, and related matters.

Fiscal Impact Statement: No

Community Impact Statement: Yes

Against: Chatsworth Neighborhood Council
Studio City Neighborhood Council

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Council and Committee Referrals – 03/12/202

 

23-0172
CD 5
To Housing and Homelessness Committee
Department of City Planning report, dated March 8, 2024, relative to the recommendations of developing a local zoning Ordinance for affordable housing development on sites owned by religious institutions and properties owned by faith-based institutions located in Council District 5

 

22-1566
To Planning and Land Use Management Committee
City Administrative Officer report 0220-06178-0000, dated March 11, 2024, relative to the fiscal impact to prepare and adopt a Climate Action and Adoption Plan.

 

Citywide Housing Incentive Program

 

Dear Interested Parties,
Thank you for your helpful feedback on the core concepts of the Citywide Housing Incentive Program (CHIP), a key Housing Element Rezoning Program strategy. As a result of conversations and public feedback over the course of 2023, City Planning is excited to announce the release of four draft ordinances supporting the Housing Element Rezoning Program and to kick off the next phase of outreach. These ordinances include the:
  • Citywide Housing Incentive Program (CHIP) Ordinance
  • Housing Element Sites Ordinance
  • Resident Protections Ordinance
  • Citywide Adaptive Reuse Ordinance
More information on each of these ordinances can be found below as well as on City Planning’s website here.
The CHIP Ordinance has three programs that encompass key CHIP strategies that would increase housing capacity along major streets in higher opportunity areas and in areas with access to public transit. The programs also encourage affordable housing development citywide on underutilized properties owned by faith-based organizations, parking lots and publicly owned sites (see Fact Sheet). The three programs include the:
  • State Density Bonus Program, which proposes technical revisions to clarify procedures and to affirm consistency with State Density Bonus Law;
  • Mixed Income Incentive Program, which seeks to establish tailored incentives for mixed-income housing providing deed-restricted affordable housing units in priority areas, including along and nearby major corridors located in higher opportunity areas; and embed enhanced transit-based incentives into the Los Angeles Municipal Code; and
  • Affordable Housing Incentive Program, which offers incentives for 100% affordable housing projects, with added bonuses in Higher and Moderate Resource areas, and tailored citywide incentives for sites owned by faith-based organizations, public land, and parking-zoned areas.
In addition to the CHIP Ordinance, the Department is also releasing three ordinances intended to codify important resident protections for housing demolished as part of new housing developments; to comply with state housing element law; and to expand adaptive reuse incentives. These include the:
  • Resident Protections Ordinance, which aims to enhance and build upon current regulations concerning tenant protections, affordability term durations, and the size, location and amenities for affordable housing units. The Ordinance would apply to all development projects that include affordable housing or result in the demolition of housing (see Fact Sheet).
  • Housing Element Sites Ordinance, which aims to implement various state housing element law requirements that apply to three different categories of sites identified throughout the housing element process (see Fact Sheet).
  • Citywide Adaptive Reuse Ordinance, previously released in May 2023, which has been updated to address feedback received during the initial outreach phase and to expand incentives for adaptive reuse projects providing affordable housing. Links to the most up to date Draft Ordinance and Fact Sheet can be found here.
You can learn more about each of these ordinances by reviewing the Fact Sheets and additional draft materials on City Planning’s website here. Additionally, we invite you to attend one of our upcoming webinars to learn more and share your feedback on the CHIP Ordinance, the Housing Element Sites Ordinance, and the Resident Protections Ordinance. Please click the date and time below to register. Note that the content of all three webinars will be the same.
Tuesday, April 2, 2024 (English)
Wednesday, April 3, 2024 (Spanish)
Tuesday, April 9, 2024 (English)
Note that an announcement with dates for staff level public hearings for these ordinances will be sent via email at a later date.
Please reach out to housingelement@lacity.org with questions or to provide comments on the draft ordinances mentioned above. Again, thank you for your continued engagement with Los Angeles City Planning, and stay tuned for more updates!
About the Citywide Housing Incentive Program
Following the 2022 certification of the 2021-2029 Housing Element, City Planning staff has been working to develop and implement the ambitious programs identified in the Plan to House LA. The Plan identified that there is a significant housing need in Los Angeles, reflected by high rents, overcrowded conditions, and increasing housing instability. The Citywide Housing Incentive Program (CHIP) aims to address the City of Los Angeles’ significant housing needs by providing greater housing access to meet its state housing obligations. The CHIP will be implemented through one or more zoning code amendments developed simultaneously over a two-year period (2023-2025). To learn more about the program click here.

Biden administration to boost affordable housing programs, supply of manufactured homes

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The Biden administration will take steps to bolster federal programs that produce affordable housing, boost the supply of manufactured homes, and promote fairer rental markets. Among these initiatives, the Department of Housing and Urban Development and the Department of Treasury will indefinitely extend programs that provide an ongoing source of capital so state and local housing finance agencies can continue to offer Federal Housing Administration-insured multifamily loans.

California could fast-track homeless housing under state bill

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State Senator Josh Becker has introduced Senate Bill 1395 to speed up the time it takes to build temporary housing in California. If passed, SB 1395 will put into law that temporary, single-room housing is eligible for streamlined zoning that bypasses CEQA and other red tape approval processes. The bill will also extend the Shelter Crisis Act and the Low Barrier Navigation Center laws, which allow local governments to use emergency powers to provide services and housing to homeless communities.

Council and Committee Referral – Friday, January 19, 2024

 

15-0389-S2 Neighborhood councils
To Neighborhoods and Community Enrichment Committee
To Rules, Elections and Intergovernmental Relations Committee

Motion (Park – Hernandez) relative to instructing the Department of Neighborhood Empowerment, with the assistance of the City Attorney, to explore the feasibility of granting community councils the same privileges as those afforded to neighborhood councils under the Los Angeles Administrative Code which should include an overview of legal and charter considerations, in addition to Brown Act compliance

New Office Development Still Awaiting Recovery

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Amid ongoing discussions about the redevelopment of underperforming office buildings, the office sector is not expected to fully recover until the end of 2026 as rental and occupancy rates weaken. As such, new development of office space continues to rapidly decline. As corporate tenants evaluate their real estate needs, the office leasing process is becoming more complex, with an increase in subleases and slow-walking of the office leasing process. Landlords that are more flexible and more willing to take on complex projects are best positioned to boost occupancies. Crystal Lofing, Partner at Allen Matkins, and Matt Field, Co-Chief Executive Officer at TMG Partners, dig deeper into the current state of the office sector as part of the Winter 2024 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey.

Four L.A. City Council members look to incentivize larger family housing

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Bullet MyNewsLA – February 9

Last Friday, four Los Angeles City Council members introduced a motion to incentivize developers to build more large-family housing across the city. Council President Paul Krekorian, alongside council members Nithya Raman, Eunisses Hernandez, and Katy Yaroslavsky are calling for an increase of rental units with three or more bedrooms for multi-generational families, and allow seniors who have adequate care to stay with their loved ones. If the full council approves the motion, the Department of City Planning will prepare an ordinance to establish a new density bonus for large-family units in multi-family buildings.

Senator Wiener introduces bill to streamline housing development in San Francisco’s coastal zones

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In a move aimed at tackling San Francisco’s dire housing shortage, State Senator Scott Wiener introduced a bill Thursday to cut the city’s red tape on coastal development. SB 951 seeks to carve out developed areas of the city from the Coastal Zone, a swath of land regulated for environmental protection, which currently hobbles urban housing projects with extra layers of permitting. Wiener’s office announced that the proposed legislation would not only expedite the approval process for new housing but also maintain the Coastal Commission’s guard over natural resources.

Michael Newhouse / Los Angeles City Planning Commission / Commission Appointment

24-1200-S5     AT CITY COUNCIL  02.28.2024

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

Recommendation for Council action:

RESOLVE that the Mayor’s appointment of Michael Newhouse to the LACPC for the term ending June 30, 2024, is APPROVED and CONFIRMED. Appointee currently resides in Council District 11 and will fill the vacancy created by the departure of Samantha Millman. (Current composition: M = 2; F = 6; Vacant = 1)

Financial Disclosure Statement: Filed

Background Check: Pending

Community Impact Statement: None submitted

TIME LIMIT FILE – MARCH 25, 2024

(LAST DAY FOR COUNCIL ACTION – MARCH 22, 2024)

Redevelopment Plan Procedures Reinstatement Ordinance

Dear Interested Stakeholder:
The Los Angeles City Council adopted the Redevelopment Plan Procedures Reinstatement Ordinance at its regular meeting on January 19, 2024. This Ordinance amends the Processes and Procedures Ordinance (Ordinance No. 187,712) to reinstate Section 11.5.14 (Redevelopment Plan Procedures) in Chapter 1 of the Los Angeles Municipal Code (LAMC). The Council’s adoption of the Ordinance will allow the City to continue processing applications within Redevelopment Project Areas.
Adopted in 2022, the Processes and Procedures Ordinance amended Chapter 1 of the LAMC and established Chapter 1A of the LAMC to reorganize the administrative processes and procedures related to zoning and land use entitlements. As part of this comprehensive update, Section 11.5.14 (Redevelopment Plan Procedures) was inadvertently omitted from Chapter 1 of the LAMC. This Ordinance is an administrative correction to reinstate Section 11.5.14 in Chapter 1 of LAMC and includes technical modifications to correct citations to processes and procedures that were updated and changed location by the Process and Procedures Ordinance. Lastly, the Ordinance removes references to the Chinatown and North Hollywood Redevelopment Plans, which have expired and are no longer enforceable.
As a reminder, additional information can be found in the fact sheet.
To access the Final Ordinance and to sign up to receive electronic notifications about the project, visit Council File: 12-0460-S7.
Thank you for your continued engagement with Los Angeles City Planning.

 

Industrial Sector Paints a Mixed Outlook in 2024 and Beyond

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February 21, 2024

The industrial sector is going to be a mixed picture over the next three years. While development activity remains strong, supply is expected to grow faster than demand, signaling that new development will eventually begin to cool. E-commerce is currently a primary driver of new industrial development, with the use of artificial intelligence (“AI”) and the corresponding demand for data center space becoming a rising influence, ahead of cold storage and electric vehicle facilities. Drew Emmel, Partner at Allen Matkins, and Chris Rising, Co-Founder & CEO of Rising Realty Partners, discuss the factors influencing these trends as part of the Winter 2024 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey.

City Council Motions – February 21, 2024

Read Motions 

pg. 7  Nuisance abatement-related enforcement in the City of Los Angeles has, over time, grown to include multiple layers of disjointed departmental review and responsibility in the matters relating to the enforcement of nuisance proceedings and abatement for vacant parcels, lots, uses, materials, buildings, and other circumstances. A clear understanding of which body has authority or involvement in various nuisance abatement proceedings can help the Council legislate ways to restructure and streamline this matter.

 

Council and Committee Referral “Hot Sheet” – Wednesday, February 21, 2024

 

24-0196 Nuisance abatement proceedings
To Public Works Committee
Motion (McOsker, et al. – Lee, Padilla) relative to requesting the City Attorney, in consultation with the Chief Legislative Analyst, report on the administration, enforcement, governance, implementation, and oversight of nuisance abatement proceedings in the Los Angeles Municipal Code and the Los Angeles Administrative Code.

Council and Committee Referrals – Friday, February 16, 2024

 

23-1264-S1
CD 2
Ordinances to establish the District NoHo Specific Plan.
To Planning and Land Use Management Committee
City Attorney report R24-0069, dated February 15, 2024, relative to draft Ordinances to establish the District NoHo Specific Plan.

 

14-1378-S1   Cultivation of produce for use on-site and sale, or distribution
To Trade, Travel and Tourism Committee
Motion (McOsker – Hernandez) relative to requesting the City Attorney to prepare and present a draft ordinance to amend Los Angeles Municipal Code Section 12.03 to allow for the cultivation of produce for use on-site and sale, or distribution on or off-site, restricted to every other week, on Saturday or Sunday, for no more than four hours.

Council and Committee Referrals – Friday, February 09, 2024

 

24-1200-S5 Mr. Michael Newhouse to the Los Angeles City Planning Commission
To Planning and Land Use Management Committee
Mayor report, dated February 9, 2024, relative to the appointment of Mr. Michael Newhouse to the Los Angeles City Planning Commission, for the term ending June 30, 2024.

 

24-0147 New density bonus for large family units in multi-family buildings
To Planning and Land Use Management Committee
Motion (Krekorian – Raman, et al.) relative to instructing the Department of City Planning to prepare and present a Ordinance that would establish a new density bonus for large family units in multi-family buildings, and incorporate the provisions listed into the City’s Housing Element of the General Plan.

 

Los Angeles City Planning Commission signs off on new zoning for the Harbor community plans

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Bullet Urbanize Los Angeles – February 8

After completing updates for four different community plans in 2023, the City of Los Angeles is looking to pick up the pace in 2024. On February 8, the Los Angeles City Planning Commission voted to approve the Harbor LA Community Plan update – the simultaneous amendments of the Wilmington and Harbor-Gateway community plans. The Planning Department expects that the new rules will accommodate up to 47,200 homes, versus 36,275 under current conditions. Growth in the Harbor plans would be steered into “Opportunity Areas,” which comprise approximately 6 percent of the total plan land area.

 

 

 

Council and Committee Referral – Tuesday, February 06, 2024

 

24-0124 Constructed covenanted affordable housing units in unsubsidized, mixed income projects created through Transit Oriented Communities
To Housing and Homelessness Committee
Motion (Yaroslavsky, Raman – Harris-Dawson) relative to directing the Housing Department, with assistance from the Department of City Planning, to report on the procedures governing the marketing and tenant selection for newly constructed covenanted affordable housing units in unsubsidized, mixed income projects created through Transit Oriented Communities, Density Bonus and similar programs.

 

 

 

Newsom administration makes progress on tiny home promise

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Nearly a year ago, Governor Gavin Newsom promised to deploy 1,200 tiny homes to help shelter the state’s growing population of homeless residents. Now, the state has chosen who will build those tiny homes and what they will look like — but there’s still no word on when people will be able to move in. Now that the contracts have been awarded, other cities not included in this state program can use their own funds to purchase the tiny homes without going through a lengthy process of seeking bids from multiple vendors.

 

L.A. Al Fresco Program

 

Due to the success of the temporary L.A. Al Fresco program, the City of Los Angeles has worked through a coordinated effort to establish a new, permanent program. Applications will become available beginning February 1, 2024.
To facilitate a smooth transition to the permanent program for existing Al Fresco participants, the following is now available:
  • Online Al Fresco Transition Guide. Please note, that whether you are a new applicant or a temporary use authorization holder, you are expected to submit an application to offer outdoor dining.
  • Assistance Helpline. Departments are now available to answer any questions you may have. Please refer to the list below for contact information. You can also access their contact through the online Transition Guide.
  • Webinars. The City will host monthly webinars every first Wednesday of every month during the transition period to cover specific topics and answer questions live.
Temporary Use Authorizations for outdoor dining activities were automatically extended through July 31, 2024. This date will now be displayed on your certificates, which can be accessed and printed through your online application. Please read through the following step-by-step guide to access a PDF copy of your certificate(s). To do this, you must log in to the account that originally created your application. This temporary authorization will provide businesses a six-month period to attain a permit and become compliant with the new program.
The application portal for permanent Al Fresco dining will open on February 1, 2024. Businesses must complete the process in its entirety by July 31, 2024. Businesses are encouraged to apply early to allow for adequate time for application review and approval. Starting August 1, 2024, your temporary authorization will no longer be valid.
Al Fresco Transition Guide
The City of Los Angeles has created an Online Transition Guidefor businesses, that outlines requirements, anticipated costs, and answers to most frequently asked questions. Requirements and processes will vary depending on the location of your business’s outdoor dining area: Sidewalk, On-Street (Curbside and Parking Lane), and/or Private Property.
Webinars
We invite you to attend Al Fresco Webinars to learn about the program and ask questions. Webinars are available the 1st Wednesday of each month at noon from February 2024 to June 2024. More details and links will be posted on the online Transition Guide and shared via email.
Webinar Date
February 7, 2024
March 6, 2024
April 3, 2024
May 8, 2024
June 5, 2024
Topic
On-Street and Sidewalk Dining
Private Property Outdoor Dining
On-Street and Sidewalk Dining
Private Property Outdoor Dining
Al Fresco in the Coastal Zone
 Al Fresco Assistance Helpline

The City is here to help businesses become compliant with the permanent program. City Departments are available to provide assistance depending on the location of your business’s Al Fresco area.

Extension of Comment Period for Adoption of Updated CEQA Thresholds and Methodology for Construction Noise and Vibration and for Impacts to Historic Resources

 

Dear Stakeholder,
This serves as an update to the Department of City Planning’s efforts in updating guidance related to CEQA Thresholds and Methodology for Construction Noise and Vibration, and for Historic Resources.
A virtual public hearing was held on December 20, 2023 to provide a formal opportunity for public comment on the proposed Updated CEQA Thresholds. At the hearing, a 30-day extension of the public comment period was announced.
In response to requests from various stakeholders, an additional 30-day extension for public review and comments is being granted until February 19, 2024.
Pursuant to California Environmental Quality Act (CEQA) Guideline Section 15064.7(b), the Department of City Planning (Department) 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 (Director) 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 were developed based on input from noise experts and a review of noise thresholds used by other state and local agencies, and 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.
The draft documents linked above can also be found on the Department’s Website under Environmental Resources at https://planning.lacity.org/project-review/environmental-resources.
Written Comments
Written comments or questions may be submitted by email to mindy.nguyen@lacity.org or by hard copy to the address below through Monday, February 19, 2024. Any written communication must include reference to “Updated CEQA Thresholds”.
Receive Future Updates
To join the interested parties list for the updated CEQA thresholds and receive future updates, please email mindy.nguyen@lacity.org.
Next Steps
After the public hearing, the Director of City Planning will consider the public testimony received before potentially adopting updated CEQA thresholds. Any updated guidance would be publicly available on the Department’s website at planning.lacity.org/project-review/environmental-resources.

Processes and Procedures Ordinance

 

Dear Stakeholder,
Ahead of the upcoming January 22 operative date for the Processes and Procedures Ordinance, the Department of City Planning would like to remind you that you now have early access to filing forms that have been updated for consistency with the Ordinance, alongside the current versions of our forms, at 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. Following the Operative Date, projects in the old procedures can choose to opt-in to its regulations, as long as a public hearing has not been held.
The new application forms offered on our 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.
Presentation slides can be found on the Processes and Procedures page of the Department’s website.
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).

Redevelopment Plan Procedures Reinstatement Ordinance / Process and Procedures Ordinance / Los Angeles Municipal Code (LAMC) / Amendment

CF 12-0460-S7   AT PLUM 01/16/2024 

Exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Sections 15061(b)(3) and 15378(b)(5); report from City Attorney and draft Ordinance relative to reinstating Section 11.5.14 – Redevelopment Plan Procedures to Article 1.5 of the Los Angeles Municipal Code, Ordinance No. 187712, with technical modifications.

Fiscal Impact Statement: No

Community Impact Statement: None submitted

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Parking Time Limits / Temporary Regulatory Relief / Local Businesses / Emergency Order Expiration / Los Angeles Municipal Code Section 16.02.1

CF  20-0380-S2   AT  CITY COUNCIL 01/24/2024 

CONSIDERATION OF RESOLUTION (BLUMENFIELD – McOSKER) relative to extending the provisions of Section 16.02.1 of the Los Angeles Municipal Code (LAMC), Relief from Specified Land Use Provisions, to provide temporary regulatory relief from certain time limitations and automobile parking provisions.

Recommendation for Council action:

RESOLVE to hereby extend the provisions of LAMC Section 16.02.1, Relief from Specified Land Use Provisions, to provide temporary regulatory relief from certain time limitations and automobile parking provisions during and for an additional 24-month period for a total of 36 months, after the termination or expiration of the local emergency order, as provided in that section.

Community Impact Statement: Yes

Against:   Studio City Neighborhood Council

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

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Motions – January 12, 2024

Motions 

See:  pg. 7  Nuisance Abatement as defined by state law and the municipal code is an area within policing and code enforcement that the City of Los Angeles and other jurisdictions use to ensure quality-of-life is maintained at a high standard, and rogue property owners and businesses are restricted or removed for non-compliance with life and health safety laws and regulations. The term refers to using building codes, fire codes, zoning, etc. in order to improve the quality of life and resolve these life and health safety issues within neighborhoods.

Council and Committee Referral – Friday, January 12, 2024

 

24-0050 list of sensitive uses and ban their use for onsite retail commercial cannabis activity
To Planning and Land Use Management Committee
Motion (Hutt – Rodriguez) relative to instructing the Department of City Planning to initiate amendments to Article V, Chapter X of the Los Angeles Municipal Code, to add nuisance abatement properties to the list of sensitive uses and ban their use for onsite retail commercial cannabis activity

 

17-1071-S1
CD 3, 4
Ventura-Cahuenga Boulevard Corridor Specific Plan
To Planning and Land Use Management Committee
Los Angeles City Planning Commission report, dated January 9, 2024, relative to the proposed amendments to the Ventura-Cahuenga Boulevard Corridor Specific Plan.

SB and AB – Critical State Housing Laws Approved by Governor Newsom

Governor Newsom recently approved multiple state housing bills passed by the State Assembly and Senate.  The following is a summary of a few of the key bills that are expected to benefit multi-family, mixed-income housing developers.

SENATE BILL 423 – EXPANSION AND EXTENSION OF SENATE BILL 35

Governor Newsom signed SB 423 (Wiener) into law on October 11, 2023.  SB 423, which goes into effect on January 1, 2024, extends the sunset provision for and makes other substantive changes to SB 35 (Wiener, 2017) (codified at Government Code section 65913.4). As explained in our prior legal alert, SB 35 provides for a streamlined ministerial (i.e., no CEQA) approval process for qualifying housing development projects in local jurisdictions that have not made sufficient progress towards their state-mandated Regional Housing Needs Allocation (RHNA), as determined by the California Department of Housing and Community Development (HCD).

SB 423 expands SB 35 to apply when a local jurisdiction fails to adopt a housing element in substantial compliance with state housing element law (regardless of RHNA progress), as specified and as determined by HCD.  Under that circumstance, prior to calculating any density bonus, at least 10% of the dwelling units would need to be designated as very low income (rental) or low income (ownership), as defined, subject to any local ordinance requiring a higher percentage.  Alternatively, in the San Francisco Bay Area (as defined), a minimum of 20% of the units could be designated as (lower) moderate income, as defined, subject to any local ordinance requiring a higher percentage or deeper level of affordability.  SB 423 is expected to result in the increased production of multi-family, mixed-income housing since, as explained in our prior legal alert, multiple local jurisdictions are currently out of compliance with the state housing element law and could be out of compliance in future housing element cycles.

SB 423 also targets the City and County of San Francisco by increasing the frequency of its RHNA reporting period to every year, beginning in 2024.  If HCD determines that San Francisco has not made sufficient progress toward its above-moderate income RHNA by that deadline, projects designating at least 10% of the units as affordable to lower-income households (versus 50%) would qualify for streamlined ministerial approval under SB 35, provided that all other applicable requirements would be met.  According to this San Francisco Housing Needs Assessment, compared to the 2015-2023 reporting period, the total RHNA for San Francisco increased by 184% for the current 2023-2031 reporting period — including a target of 35,471 above-moderate income units (4,434 units annually).  Recall that any higher local percentage requirements must be met, meaning that in San Francisco, 15% of the units must be designated as affordable (for projects approved between November 1, 2023 and November 1, 2026), as specified in San Francisco Ordinance No. 187-23.

To summarize, SB 423 also amends SB 35 as follows:

  • Extends the sunset on SB 35 by ten years (from January 1, 2026 to January 1, 2036).
  • Revises the coastal zone development prohibition to allow for projects in specified urban coastal locations (e.g., property not vulnerable to five feet of sea level rise or within close proximity to a wetland) where the property is zoned for multi-family housing and is subject to a certified local coastal program or a certified land use plan.
  • Revises the fire hazard severity zone development restriction, as specified.
  • Removes skilled and trained workforce requirements for projects below 85 feet in height and imposes modified skilled and trained workforce requirements, as specified, for projects at least 85 feet in height (as measured from grade).
  • Requires projects with 50 or more dwelling units and using construction craft employees to meet apprenticeship program requirements and provide health care expenditures for each employee, as specified.
  • Revises the required affordability level where at least 10% of the units must be designated as affordable (i.e., where a local jurisdiction has not made sufficient progress toward its above-moderate income RHNA) for (i) rental projects — from lower income (at or below 80% AMI) to very low income (at or below 50% AMI) and (ii) San Francisco Bay Area projects where moderate income units would be provided — from below 120% AMI and a required average of at or below 100% AMI to below 100% AMI and a required average of at or below 80% AMI.
  • Requires determinations regarding compliance with applicable objective planning standards (as defined) to be made by the planning director (or any equivalent local government staff).
  • Prohibits local governments from requiring compliance with any standards necessary to receive a post-entitlement permit (as defined) or other information (including technical studies) that do not pertain directly to determining whether the housing development project is consistent with applicable objective planning standards.
  • Removes the planning commission (or equivalent board/commission) public oversight hearing provision (but retains the design review provision).
  • Provides for the inclusive calculation of the total number of dwelling units for purposes of meeting SB 35 requirements where there are multiple projects on the same project site or on a site subdivided from a prior SB 35 project site, as specified.
  • Clarifies that if a local affordable housing ordinance requires units that are restricted to households with incomes higher than the SB 35 income limits, then the units that meet SB 35 income limits shall be deemed to satisfy the local requirement.

SENATE BILL 4 – AFFORDABLE HOUSING ON FAITH AND HIGHER EDUCATION LANDS ACT OF 2023

Governor Newsom signed SB 4 (Wiener) into law on October 11, 2023.  SB 4 provides for a streamlined ministerial (i.e., no CEQA) approval process for qualifying housing development projects, notwithstanding any inconsistent provision in the general plan, specific plan, zoning ordinance, or other regulation.  The land must be owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, as defined.

To qualify, 100% of the units must be designated as affordable, exclusive of (i) manager units (no limit) and (ii) units allocated to staff of the institution that owns the land (up to 5% of the units).  At least 80% of the housing units must be designated as affordable to lower income households (as defined) and up to 20% of the units may be designated as affordable to moderate-income households (as defined).  The project must also satisfy most of the project site requirements already set forth under AB 2011 (operative as of July 1, 2023), as specified and modified by SB 4.  For example, rather than flatly prohibiting housing units within 500 feet of a freeway (per AB 2011), SB 4 requires that specified air filtration must be provided for regularly occupied areas of the building.

Prevailing wages must be paid, and if the project consists of 50 or more dwelling units, health care expenditures and an apprenticeship program must be provided for construction craft employees, as specified.

SB 4 will sunset on January 1, 2036, unless extended before that date.

ASSEMBLY BILL 1287 –  ADDITIONAL DENSITY BONUS UNDER STATE DENSITY BONUS LAW

Governor Newsom signed AB 1287 (Alvarez) into law on October 11, 2023.  AB 1287 amends the State Density Bonus Law (Government Code section 65915) by incentivizing the construction of housing units for both the “missing middle” and very low income households by providing for an additional density bonus, and incentive/concession for projects providing moderate income units or very low income units.

First, the project must provide the requisite percentage of on-site affordable units to obtain the maximum density bonus (50%) under prior law: 15% very-low-income units, or 24% low-income units, or 44% moderate-income (ownership only) units (the “Base Bonus”).  Second, to qualify for an additional density bonus (up to 100%) and an additional incentive/concession under AB 1287, the project must provide additional on-site affordable units, as specified (the “Added Bonus”).  The Added Bonus may be obtained by adding moderate-income units to either a rental or ownership project, but that is capped at a total maximum of 50% moderate-income units.  To illustrate:

  • Rental Project. If the project includes 24% low-income units (50% Base Bonus) and 15% to 16% moderate-income units (50% Added Bonus), the project would now qualify for a 100% density bonus and three to four incentives/concessions, respectively.
  • Ownership Project. if the “base” project includes 44% to 45% moderate-income units (50% Base Bonus) and 10% very-low-income units (38.75% Added Bonus), the project would now qualify for an 88.75% density bonus and three to four incentives/concessions, respectively.

ASSEMBLY BILL 1633 – EXPANSION OF HOUSING ACCOUNTABILITY ACT PROTECTIONS: CEQA

Governor Newsom signed AB 1633 (Ting) into law on October 11, 2023.  AB 1633 closes a loophole in the Housing Accountability Act (HAA) (Government Code section 65589.5 et seq.) by establishing when a local agency’s failure to exercise its discretion under CEQA, or abuse of its discretion under CEQA, constitutes a violation of the HAA.

There have been instances where HAA-protected projects have been stymied by a local agency’s failure to approve or deny a project due to CEQA-related delays.  For example, as explained in this letter from HCD to the City and County of San Francisco, the Board of Supervisors’ actions to decertify and remand an EIR back to the Planning Department based on vague concerns “exemplify a pattern of lengthy processing and entitlements timeframes” that “act as a constraint on housing development.”

To qualify under AB 1633, the project must be a “housing development project” under the HAA (see our prior legal alert for more information about the HAA) and meet the following requirements:

  • The project site is located in an urbanized area, as defined.
  • The project meets or exceeds a dwelling unit density of 15 units per acre.
  • The project site is not located in a coastal zone, on certain types of farmland, on wetlands, on a hazardous waste site, within a delineated earthquake fault zone, within a special flood hazard area, within a regulatory floodway, on lands identified for conservation, or on habitat for protected species, as specified.
  • The project site is not located in a high or very high fire hazard zone, as specified.

Under AB 1633, the following circumstances constitute “disapproval” of the project, in which case the local agency could be subject to enforcement under the HAA:

  • CEQA Exemptions. If (i) the project qualifies for a CEQA exemption — and is not subject to an exception to that exemption — under the CEQA Guidelines based on substantial evidence in the record; (ii) the local agency fails to make a determination of whether the project is exempt under CEQA; and (iii) the local agency does not make a lawful determination, as defined, on the exemption within 90 days of timely written notice from the applicant, as specified.  The local agency may extend that time period by up to an additional 90 days if the extension is necessary to determine if there is substantial evidence in the record that the project is eligible for the exemption sought by the applicant.
  • Other CEQA Determinations. If (i) the project qualifies for a negative declaration, addendum, EIR, or comparable environmental review document under CEQA; (ii) the local agency commits an abuse of discretion, as defined, by failing to approve the applicable CEQA document in bad faith or without substantial evidence in the record to support the legal need for further environmental study; (iii) the local agency requires further environmental study; and (iv) the local agency does not make a lawful determination, as defined, on the applicable CEQA document within 90 days of timely written notice from the applicant, as specified.

AB 1633 does not address potential lead agency staff delays in the preparation of the CEQA document for the project in the first instance.  AB 1633 also includes a limited exception to enforcement where a court finds that the local agency acted in good faith and had reasonable cause to disapprove the project due to the existence of a controlling question of law about the application of CEQA or the CEQA Guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval.

AB 1633 will sunset on January 1, 2031, unless extended before that date.

ASSEMBLY BILL 1485 – STATE ENFORCEMENT OF HOUSING LAWS

Governor Newsom signed AB 1485 (Haney) into law on October 11, 2023.  AB 1485 grants the California Attorney General the “unconditional right to intervene” in lawsuits enforcing state housing laws, whether intervening in an independent capacity or pursuant to a notice of referral from HCD.  Under prior law, the Attorney General and HCD were required to petition the court to be granted intervenor status and join a lawsuit, which can be a “lengthy and onerous process.”

ASSEMBLY BILL 1307 – CEQA: POPULATION GROWTH AND NOISE IMPACTS

Governor Newsom signed AB 1307 (Wicks) into law on September 7, 2023.  AB 1307 is a legislative response to the ruling in a high-profile appellate CEQA case in which the court held that an Environmental Impact Report (EIR) for a UC Berkeley housing project failed to assess potential noise impacts from loud student parties in residential neighborhoods near the campus and did not justify its decision to not consider alternative project locations. (Make UC a Good Neighbor v. Regents of Univ. of California, 88 Cal. App. 5th 656, [2023], as modified [Mar. 16, 2023]).  See our prior legal alert for more information about that case.

AB 1307 provides that (i) the effects of noise generated by future housing project occupants and their guests is not a significant impact under CEQA and (ii) the University of California, California State University, and California Community Colleges are not required to consider alternatives to the housing project location in an EIR if specified requirements are met.

ASSEMBLY BILL 529 – COMMERCIAL TO RESIDENTIAL CONVERSION PROJECTS

Governor Newsom signed AB 529 (Gabriel and Haney) into law on October 11, 2023.  AB 529 requires HCD to convene a working group, including the California Building Standards Commission, Energy Commission, State Fire Marshal, Public Utilities Commission, and other stakeholders to “identify challenges to, and opportunities to help support, the creation and promotion of adaptive reuse residential projects statewide while not reducing minimum health and safety standards, including identifying and recommended amendments to state building standards.”

AB 529 is a step in the right direction for commercial to residential conversion projects, but a stronger legislative response is needed to make conversion projects financially feasible.  Unfortunately, AB 1532 (Haney) did not make it to the Governor’s desk this legislative session.  That bill would have provided for “by right” streamlined ministerial (i.e., no CEQA) approval of qualifying office to residential conversion projects.  AB 1532 would have also made new state funding available for qualifying office to residential conversion projects.

According to this article, Senator Wiener plans to introduce a bill in January that would include tax breaks for commercial to residential conversion projects.