15-0719-S26 | Mobility Plan 2035 | |
To Transportation Committee Department of Transportation report, dated January 10, 2024, relative to implementation of Mobility Plan 2035 and street improvement measures. |
15-0719-S26 | Mobility Plan 2035 | |
To Transportation Committee Department of Transportation report, dated January 10, 2024, relative to implementation of Mobility Plan 2035 and street improvement measures. |
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:
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.
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:
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:
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:
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.
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.”
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.
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.
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)
23-0623 | Streamlining processes to mixed-income housing developments. | |
To Housing and Homelessness Committee To Personnel, Audits, and Hiring Committee To Planning and Land Use Management Committee Department of City Planning revised report, dated November 30, 2023, relative to extending Executive Directive 1 streamlining processes to mixed-income housing developments. |
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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.
23-0623-S1 | Administrative approval of one hundred percent affordable housing projects. | |
To Housing and Homelessness Committee To Planning and Land Use Management Committee Los Angeles City Planning Commission report, dated November 28, 2023, relative to a proposed ordinance amending Los Angeles Municipal Code Chapters 1 and 1A, to establish procedures and performance standards for administrative approval of one hundred percent affordable housing projects. |
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CPC-2023-5273-CA CITY PLANNING COMMISSION 11.16.2023
Council District: ALL
CEQA: ENV-2020-6762-EIR; SCH No. 2021010130
Last Day to Act: N/A
ENV-2020-6762-EIR-ADD1
Plan Area: Citywide PUBLIC HEARING – Completed on October 11, 2023
PROJECT SITE: Citywide PROPOSED AMENDMENT: An ordinance amending Chapter 1 and Chapter 1A of the Los Angeles Municipal Code, including Section 12.22 of Chapter 1 and Articles 9 and 13 of Chapter 1A, for the purpose of establishing procedures and performance standards for administrative approval of one hundred percent affordable housing projects.
REQUESTED
ACTIONS: 1. Recommend that the City Council find, the Project was assessed in the Housing Element Environmental Impact Report (“EIR”) No. ENV-2020-6762-EIR, State Clearinghouse No. SCH No. 2021010130 certified on November 29, 2021 and the Addendum (ENV-2020-6762-EIR-ADD1) approved June 14, 2022; 2. Recommend that the City Council instruct that the proposed Ordinance be incorporated into the New Zoning Code, subject to changes to conform to the format and style of the New Zoning Code; 3. Recommend the adoption of the proposed ordinance (Exhibit A); 4. Adopt the Staff Report as the Commission’s report on the subject; and 5. Adopt the Findings;
Applicant: City of Los Angeles Staff: Jeanalee Obergfell, City Planner mailto:jeanalee.obergfell@lacity.org
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CF 09-0969-S4 AT PLUM 11.07.2023
Previously Certified Environmental Impact Report No. ENV-2022-5286-EIR (State Clearinghouse No. 2022040363), pursuant to California Environmental Quality Act Guidelines Sections 15162 and 15164, Addendum, Mitigation Monitoring Reporting Program, report from the Los Angeles City Planning Commission (LACPC), draft Ordinance to permit the establishment of a contiguous and non-contiguous Supplemental Use District (SUD), called the Transportation Communication Network (TCN), on property owned by Metro, as revised by the LACPC to include: a) a minimum distance requirement between signs resulting in the removal of one sign ; b) removal of two signs due to proximity to a State Park ; c) a public art requirement for specific single-faced TCN structures; and d) changes in the takedown provisions, building permit requirement and the number of signs to be removed prior to the approval of Freeway Facing sign structures; and a proposed Metro TCN Ordinance that would establish a new TCN Supplemental Use District (SUD) permitting 46 TCN Structures and 80 digital display off-site signs on specific Metro-owned properties Citywide.
Applicant: City of Los Angeles
Case No. CPC-2022-5401-CA; CPC-2023-3653-ZC
Related Case No. 22-0392
Environmental No. ENV-2022-5286-EIR; State Clearinghouse No. 2022040363
23-1378 | AB 2234 (Rivas) | |
To Council Motion (Harris-Dawson – Krekorian – Yaroslavsky) relative to adopting a Resolution and findings as required by AB 2234 (Rivas), to extend 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. |
09-0969-S4 Establish three new planning and land use fees
To Planning and Land Use Management Committee
City Attorney report R23-0415, dated November 2, 2023, relative a draft Ordinance amending Article 9 of Chapter 1 of the Los Angeles Municipal Code to establish three new planning and land use fees and to align the adoption of fees with the Processes and Procedures Ordinance
12-0460-S7 Redevelopment Plan Procedures Reinstatement Ordinance
To Planning and Land Use Management Committee Los Angeles City Planning Commission report, dated November 2, 2023, relative to a proposed Redevelopment Plan Procedures Reinstatement Ordinance, amending Processes and Procedures Ordinance No. 187712, to reinstate Section 11.5.14 in Chapter 1 of the Los Angeles Municipal Code.
20-1074-S4 Streamline zoning code regulations to create a permanent Al Fresco Program
To Planning and Land Use Management Committee 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.
CF 22-1566 AT CiTY COUNCIL 11.03.2023
CONTINUED CONSIDERATION OF PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and AMENDING MOTION 25A (KREKORIAN – PARK) relative to a Climate Action and Adaptation Plan into the City’s General Plan, and related matters.
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT DATED OCTOBER 12, 2023
Recommendation for Council action:
INSTRUCT the City Administrative Officer (CAO), in consultation with the Board of Public Works (Climate Emergency Mobilization Office), to prepare a report with recommendations as to the cost estimates included in the Department of City Planning (DCP) report dated April 26, 2023, attached to the Council file, relative to a Climate Action and Adaptation Plan; and, the availability of State (or Federal) grant funds, as indicated in the DCP report.
AMENDING MOTION 25A (KREKORIAN – PARK) DATED OCTOBER 20, 2023
Recommendation for Council action:
INSTRUCT the Board of Public Works (Climate Emergency Mobilization Office) and CAO to include in this report an analysis of adopting a Climate Action and Adaptation Plan into the City’s General Plan, including benefits, costs, drawbacks, and potential alternatives.
Fiscal Impact Statement: None submitted by the DCP. Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted
(Continued from Council meeting of October 20, 2023)
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12-0460-S4 | California Coastal Commission amendments to the City’s Coastal Development Permit processes and procedures | |
To Planning and Land Use Management Committee City Attorney report R23-0414, dated November 01, 2023, relative to a draft Ordinance amending Ordinance No. 187712 to incorporate the California Coastal Commission amendments to the City’s Coastal Development Permit processes and procedures in Section 13B.9.1, Chapter 1A, of the Los Angeles Municipal Code. |
20-1074-S4 | Al Fresco Ordinance | |
To Planning and Land Use Management Committee 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. |
CF 21-1230-S4 AT CITY COUNCIL 11.04.2023
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to preparing an ordinance amending Section 12.04.09 of the Los Angeles Municipal Code to remove zoning and density restrictions that would limit the amount of housing produced in Public Facilities Zones and any City owned parcels for any project where the majority use of the site is for civic purposes and publicly owned permanent affordable housing, and related matters.
Recommendations for Council action, as initiated by Motion (Soto – Martinez – Harris-Dawson – Hutt):
INSTRUCT the Department of City Planning, and the City Attorney’s Office, as part of the implementation program for the current City Housing Element, to either prepare and present an ordinance which would either amend Section 12.04.09 of the Los Angeles Municipal Code or incorporate new incentives within the Housing Element Rezoning Program and Citywide Housing Incentive Program to remove zoning and density restrictions that would limit the amount of housing produced in Public Facilities Zones and any publicly-owned parcels for any project where the majority use of the site is for civic purposes and publicly owned permanent affordable housing.
INSTRUCT the City Administrative Office (CAO) and Chief Legislative Analyst (CLA) to prepare a report identifying the lead department or departments that will lead on the delivery of public housing on public lands, and the roles of each in the design and project management of civic projects which fall under their departmental scope.
Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.
Community Impact Statement: None submitted
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23-1113 | Neighborhood Councils with the ability to meet virtually through the end of Fiscal Year 2024-25. | |
To Neighborhoods and Community Enrichment Committee Motion (Soto-Martinez – Hutt) relative to directing the Department of Neighborhood Empowerment to report on technology, support and other resources needed to provide Neighborhood Councils with the ability to meet virtually through the end of Fiscal Year 2024-25. |
23-1114 | Neighborhood Councils to use teleconferencing, pursuant to California Code Section 54953.8 | |
To Rules, Elections and Intergovernmental Relations Committee Resolution (Soto-Martinez – Hutt) relative to authorizing Neighborhood Councils to use teleconferencing, pursuant to California Code Section 54953.8. |
Source: Motions
Pg. 6 City Council directs the Department of Neighborhood Empowerment to report back in 30 days on what technology, support, and other resources are needed to provide Neighborhood Councils with the ability to meet virtually through the end of Fiscal Year 2024-2025.
Pg. 7 Concurrence of the Mayor, that the City of Los Angeles authorizes Neighborhood Councils to use teleconferencing pursuant to California Code Section 54953.8.
22-0617-S2 CD 1, 9, 14 |
Relative to adaptive reuse incentive eligibility within the Downtown Community Plan. | |
To Planning and Land Use Management Committee Department of City Planning report, dated September 19, 2023, relative to adaptive reuse incentive eligibility within the Downtown Community Plan. |