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).

Housing Element / Public Facilities Zones / Housing Production / Zoning and Density Restrictions / Los Angeles Municipal Code / Amendment

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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Zoning Code / Reorganization of Administration Provisions (Processes and Procedures Ordinance) / Los Angeles Municipal Code (LAMC) Amendment

F 12-0460-S4     AT CITY COUNCIL 09.19.2023

Final Ordinance No. 187712  01/23/2023

CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a proposed Ordinance to amend the provisions of Ordinance 187712 that regulate development applications and approvals in the City’s coastal zones, namely Section 13B.9.1. of Chapter 1A of the Los Angeles Municipal Code (LAMC).

Recommendations for Council action:

DETERMINE, based on the whole of the administrative record, that the project is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3) and Section 15378(b)(5).

ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of Council.

APPROVE the proposed Ordinance to amend the provisions of Ordinance 187712 that regulate development applications and approvals in the City’s coastal zones, namely Section 13B.9.1. of Chapter 1A of the LAMC.

REQUEST the City Attorney to prepare and present an Ordinance to incorporate the California Coastal Commission’s amendments to the City’s Coastal Development Permit processes and procedures in Section 13B.9.1 of Chapter 1A of the LAMC to be operative in alignment with the rest of Ordinance 187712.

Applicant: City of Los Angeles

Case No. CPC-2016-3182-CA-AMDT1

Environmental No. ENV-2023-4505-CE

Fiscal Impact Statement: The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

Community Impact Statement: None submitted

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SB 423 (Wiener) / Coastal Zone Exemption / Very High Fire Hazard Severity Zones / Multifamily Housing Development / Ministerial Approval Process

CF 23-0002-S71     UPDATE

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City’s position regarding Senate Bill (SB) 423 (Wiener), to maintain the Coastal Zone exemption and provide an unconditional exemption for the Very High Fire Hazard Severity Zones.

Recommendation for Council action, pursuant to Resolution (Park – Yaroslavsky – Lee), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

RESOLVE to include in the City’s 2023-24 State Legislative Program SUPPORT IF AMENDED for SB 423 (Wiener), to maintain the Coastal Zone exemption and provide an unconditional exemption for the Very High Fire Hazard Severity Zones.

Fiscal Impact Statement: None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.

Community Impact Statement: None submitted

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Processes & Procedures Ordinance

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

Deed-Restricted Affordable Housing Units / Site Plan Review Exemption / City Zoning Code / Amendment

CF 22-0268              AT CITY COUNCIL 06.30.2023

HOUSING ELEMENT ENVIRONMENTAL IMPACT REPORT (EIR) and ADDENDUM; COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending Sections 16.05 of Article 6.1 of Chapter I of the Los Angeles Municipal Code (LAMC) to add certain exemptions for affordable housing projects.

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

FIND, based on the whole of the administrative record, that this project was assessed in the Housing Element 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.

FIND that the adoption of the draft Ordinance is in conformity with the public necessity, convenience, general welfare, and good zoning practice, as required under Los Angeles City Charter Section 558.

FIND that the adoption of the draft Ordinance is in substantial conformance with the purposes, intent, and provisions of the General Plan, as required under the Los Angeles City Charter Section 556.

PRESENT and ADOPT the accompanying ORDINANCE, dated June 22, 2023, amending Section 16.05 of Article 6.1 of Chapter I of the LAMC to add certain exemptions for affordable housing projects.

Applicant: City of Los Angeles
Case No. CPC-2023-1083-CA
Environmental Nos. ENV-2020-6762-EIR, SCH No. 2021010130; ENV-2020-6762-EIR-ADD1

 

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Wildlife District Ordinance

Dear Interested Parties,

Thank you for your continued interest in the Wildlife Ordinance. On December 8, 2022, the Los Angeles City Planning Commission recommended the proposed Wildlife Ordinance for approval. The Wildlife Ordinance is anticipated to be considered by City Council’s Planning and Land Use Management (PLUM) Committee at their regularly scheduled meeting on Tuesday, June 20, 2023, beginning at 2pm. You can find the agenda for this meeting here.

Please visit clerk.lacity.org/calendar for more information about the meeting. The audio for this meeting will be broadcast live on the internet at: https://clerk.lacity.org/calendar. Live audio can also be heard at: (213) 621-CITY (Metro), (818) 904-9450 (Valley), (310) 471-CITY (Westside) and (310) 547-CITY (San Pedro Area). Please be advised that the PLUM Committee resumed in-person meetings in April. Members of the public who wish to offer public comment to the PLUM Committee at this meeting may do so in-person.

The proposed Wildlife Ordinance and other materials are available in Council File 14-0518. Additional background information is available at planning4la.org/wildlife.

Proposed Site Plan Review Amendment for Affordable Housing

Dear Interested Stakeholders:

We are excited to share that the proposed Site Plan Review Amendment for Affordable Housing is expected to be considered by the Planning and Land Use Management (PLUM) Committee of the City Council on Tuesday, June 20, 2023. The PLUM Committee meeting agenda and live broadcast will be accessible online at clerk.lacity.org/calendar.

The proposed ordinance would exempt deed restricted affordable housing units from Site Plan Review threshold calculations, as well as certain mixed-use developments that dedicate 50 percent or more of the total project Floor Area to restricted affordable units.

We invite you to continue sharing your thoughts on the proposed Site Plan Review Amendment with the PLUM Committee by submitting written comments online to LA CouncilComment.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 22-0268.

Propose Site Plan Review for Affordable Housing

 

Dear Stakeholder,
Los Angeles City Planning is pleased to announce the upcoming City Planning Commission (CPC) hearing on Thursday, April 27, 2023, for the proposed amendment to the Site Plan Review Ordinance for Affordable Housing. A Public Hearing will take place during the meeting. All interested persons are invited to participate. The meeting commences at 8:30 a.m. and will occur in-person at Van Nuys City Hall located at 14410 Sylvan Street, #215, Van Nuys, CA 91401. There is also an option to virtually join the meeting and provide public comment over Zoom. The Public Hearing will occur during the meeting, after 8:30 a.m., and will include a brief overview of the proposed amendment to the Site Plan Review Ordinance. The Public Hearing is a formal opportunity for the public to provide comments on the proposed ordinance, which is being considered for recommendation by the City Planning Commission.
Los Angeles City Planning has prepared this zoning code amendment in response to a City Council Motion (Council File No. 22-0268), and in furtherance of the goals of Mayor Bass’s Executive Directive (ED) 1 which aims to streamline reviews for affordable housing. Site Plan Review is a planning entitlement that requires discretionary approval for certain types of developments pursuant to LAMC Section 16.05. The proposed amendment would exempt deed restricted affordable housing units from Site Plan Review threshold calculations. This exemption would help to expedite the permitting of new affordable housing projects to address the ongoing housing crisis. The Ordinance was analyzed in Housing Element Environmental Impact Report No. ENV-2020-6762-EIR, SCH No. 2021010130 certified on November 29, 2021 and the Addendum (ENV-2020-6762-EIR-ADD1) approved June 14, 2022.
Scroll down on the project webpage to find the draft Ordinance, fact sheet, hearing notice and more information.
Following consideration by the City Planning Commission, the ordinance would move to the Planning and Land Use Management (PLUM) Committee of the City Council before eventually heading to the full City Council for consideration and adoption.
The official Notice of Public Hearing is available here.
City Planning Commission Meeting and Public Hearing
Thursday, April 27, 2023, after 8:30 a.m.
Enter Meeting ID 874 1292 1283 and Password 260916
Or join by phone: (669) 900-9128 or (213) 338-8477

 

City Planning Commission Presentation on State Legislation

DCP Download: CPC Audio Recording

On January 12, Senior City Planner Matthew Glesne made a presentation to the City Planning Commission (CPC) on behalf of the Citywide Policy team. He reviewed recent State-level legislation on housing and planning and answered commissioners’ questions.

During his presentation, Glesne presented on changes to California’s Density Bonus incentives and described how they will affect local rules. Among other bills, he discussed how AB 2334 expands existing incentives for 100% affordable housing projects to areas with very low vehicle travel; he explained how AB 2334 redefines “maximum allowable residential density,” the calculation which determines a project’s base density and bonus, to be the most generous of the General Plan, Specific Plan, or zoning designations applied to any single parcel of land.

Glesne also discussed State laws offering Density Bonuses for non-residential commercial projects, allowing affordable housing construction on sites with new and existing religious uses, in addition to permitting housing in areas that are zoned for retail, offices, and parking.

COVID-19 – EMERGENCY TOLLING OF DEADLINES RELATED TO EXPIRATION OF PERMITS AND RELATED DOCUMENTS

Department of Building and Safety:  Document No.: P/GI 2023-033,  February 28, 2023

Effective February 28, 2023, in accordance with the end of the State of California COVID-19 emergency declaration, the Public Order under the City of Los Angeles Emergency Authority issued on March 21, 2020, regarding the tolling of deadlines prescribed in the Los Angeles Municipal Code (LAMC) has expired. Thus, the Tolling Period will hereby be defined as March 21, 2020, through February 28, 2023. For permit applications submitted and permits issued prior to the Mayor’s Emergency Tolling Order, the LAMC expiration dates were paused during the COVID-19 emergency starting March 21, 2020. Any time remaining on the permit, plan check application, or slight modification is banked and will be credited toward the project application expiration date. Any applications submitted during the Public Order will commence their validity term on March 1, 2023.

For example, a plan check that was submitted on December 21, 2019, would have 15 months left on the application as of March 21, 2020, since plan check applications are valid for 18 months. Therefore, the application will be valid for 15 months after March 1, 2023.

In addition, a permit issued on December 21, 2019, would have 9 months left to begin work (Residential projects) or 3 months left to begin work (Commercial projects) as of March 21, 2020, since permitted work must commence within 1 year for Residential projects and 6 months for Commercial projects. Therefore, the permits would still have 9 months or 3 months to commence construction after March 1, 2023. Those same permits would have 21 months to complete construction (or request an extension) since permits are valid for 2 years from the date of issuance.

 

Zoning Code / Reorganization of Administration Provisions (Processes and Procedures Ordinance) / Los Angeles Municipal Code (LAMC) Amendment

UPDATE
Ordinance No. 187,712 Ordinance is effective January 23, 2022.  Ordinance Operative July 22, 2023 
Read: InfoPost CF 12-0460-S4
The Processes and Procedures Ordinance was adopted by the City Council at its regular meeting on December 7, 2022.  As the Ordinance includes a 6-month operative date delay, the new processes and procedures are anticipated to be implemented by the Summer of 2023.
The Processes and Procedures Ordinance is part of a larger initiative to comprehensively update the City’s Zoning Code. This Ordinance focuses on creating a clear set of administrative procedures that will be used to consider and process requests for Zoning Code entitlements. As such, it lays the groundwork for a more user-friendly, transparent, and predictable set of zoning regulations while also maintaining public participation.

Los Angeles’s Citywide Proposal to Ban Oil Drilling Advances to City Planning Commission on Sept. 22

 

Los Angeles’s Citywide Proposal to Ban Oil Drilling Advances to City Planning Commission on Sept. 22
LOS ANGELES— City Planning will present at the upcoming meeting of the City Planning Commission (CPC) their formal recommendation on a draft ordinance that would prohibit new oil and gas extraction citywide, in addition to phasing out existing extraction operations.
Consistent with the City’s policies on climate change, the Department has advanced a new ordinance at the direction of the Mayor and City Council that will improve the City’s livability, while addressing past injustices to frontline communities and communities of color who have been disproportionately affected by the health impacts associated with living next to drill sites.
The City Planning Commission meeting will take place at 8:30 a.m. on Thursday, September 22, 2022. The agenda has been posted online as well as the Department’s fact sheet. To listen to the meeting by phone, dial (213) 621-2489 or (818) 904-9450. The meeting can also be accessed online via Zoom: Meeting ID: 883 0332 8150 | Passcode 057329.

Proposed Oil and Gas Drilling Ordinance

Dear stakeholders,
On August 9, 2022, Los Angeles City Planning released a draft of the proposed Oil and Gas Drilling Ordinance (Oil Ordinance), with a goal of having this ordinance considered by the City Planning Commission in the fall of 2022. This month, City Planning will hold a virtual presentation, Q&A, and public hearing on the proposed ordinance. This is your opportunity to learn more about the proposed regulations and submit a public comment.
In response to City Council File No. 17-0447, the proposed Oil Ordinance would amend the Los Angeles Municipal Code to prohibit all new oil and gas drilling activities and make any existing extraction a nonconforming use in all zones of the City. The proposed Oil Ordinance would phase out these oil drilling activities, which are known hazards to public health and safety, by immediately banning new oil and gas extraction and requiring the removal of existing operations after an amortization period.
The draft ordinance, fact sheet, and more information can be found on the project webpage at planning.lacity.org/oil-and-gas-drilling-ordinance.
Beginning at 6 p.m., City Planning will present a brief overview of the ordinance, followed by an opportunity for questions and answers at 6:20 p.m. The Public Hearing will begin at 6:45 p.m.
The public hearing is a formal opportunity to provide public comment on the proposed Oil Ordinance to a hearing officer. The public hearing is used to collect comments. No decisions will be made at the time of public hearing. Participants may join the public hearing online or by phone at any time between 6:45 p.m. and 8:30 p.m. to offer testimony. In order that all viewpoints may be presented, speakers at the public hearing may be limited in the length of their testimony. The hearing officer will consider all public testimony and any written communication submitted prior to or at the hearing. Any written communication must include case number CPC-2022-4648-CA. Comments may be submitted by email to planning.oildrilling@lacity.org or by hard copy to Jennifer Torres, Department of City Planning at the following address: 200 North Spring Street, Room 701 Los Angeles, CA 90012.
The official Notice of Public Hearing is available here.

Subscriber Special Content: A New Approach for Dealing with Conditional Uses in Your Zoning Code

       The following is specific to the state of Washington

A New Approach for Dealing with Conditional Uses in Your Zoning Code

Creating a community vision is a key part of what communities should do when looking ahead to where they want to be in 10, 20, and even 50 years from now. This visioning effort is usually a significant part of a community’s comprehensive planning process. Growth Management Act (GMA) planning jurisdictions in Washington State are required to focus on planning for future growth by preparing and implementing comprehensive plans.Enacting development regulations is a key component, which includes employing such regulatory tools as zoning, design standards, environmental standards, subdivision regulations, and so on. Several communities have taken a traditional approach to zoning by listing a lot of “conditional uses” within their zoning codes. This approach, however, often leads to public controversy and results in new development that is not consistent with a community’s vision and comprehensive plan.

This blog focuses on a new way of looking at conditional use permits (CUP), an approach that may also help make the development process easier for all parties.

Zoning and Conditional Uses

Zoning is a powerful tool for cities, towns, and counties to use to reasonably manage and regulate land uses within their boundaries.

Zoning codes have several key components, one of which is the Land Use Chart(s). This is important because it specifically identifies how land may be used in specified locations — or zones — designated on a jurisdiction’s official zoning map. For each zone on the zoning map, a long list of land uses are identified as being either:

  1. Permitted outright;
  2. Conditionally allowed; or
  3. Prohibited.

A “permitted” designation/category means the listed land use is allowed outright in a given zone and that an applicant may apply for a permit for approval to use their property in the allowed manner, subject to the requirements contained in the community’s zoning code and other development regulations. On the other end of the spectrum, a “prohibited” designation typically indicates that a parcel of land cannot be developed in the listed manner (for example, a heavy industrial/manufacturing plant will almost always be prohibited in residential zones).

The “conditional use” designation is most often used for certain land uses that might not normally fit into a zoning category but could be suitable if the proposed land use meets certain conditions to mitigate any foreseeable negative impacts. One fairly common example is a proposal to locate a new elementary school in a single-family zone. On the one hand, it might be desirable to locate the educational facility in a residential area so that local students and their parents have convenient access to it. On the other hand, the new school may generate some impacts, like a high level of traffic that would negatively affect the surrounding neighborhood.

In such cases, the conditional use process combines a case-by-case review of the proposed land use with an open process to gather public input (which usually includes the holding of a public hearing) before a decision is made. In Washington State, this type of decision is often made by a hearing examiner (a person appointed by a local government to function as a “land use judge” and make objective decisions). In the hypothetical example of the elementary school, this project would be granted a conditional use permit (CUP) only if the CUP criteria were met and necessary conditions were imposed to mitigate any identified negative impacts.

Issue Related to the Traditional CUP Approach

The process described above may sound simple and easy, but that is often not the case. Most CUP processes consume a relatively large amount of time and energy, both by the applicant and local government staff.

During the past few decades, the CUP process has been altered by some jurisdictions to become more permissive regarding what could be allowed under what some might call an “almost anything is appropriate under the right conditions” viewpoint. That perspective has come under increasing scrutiny, however, over the past few years. The reasons for this reexamination are threefold:

  1. There are some land uses/types of development that are better located in certain zones than in others. For example, pedestrian-oriented retail establishments should be a permitted (and not conditional) use in a downtown zone while a “heavy manufacturing” use should not be listed as either a permitted or conditional use in a neighborhood business zone.
  2. Conditional uses usually require public notice and a public hearing, often before a hearing examiner. This formal process may create a lot of unnecessary concern over a proposed land use/development project in instances when it may actually have an extremely low likelihood of being approved, even with conditions.
  3. The CUP process is discretionary and creates an environment of uncertainty for the development community. This group may not want to invest a lot of time and money to apply for a proposed land use that may or may not be approved. If that land use is something your community is trying to encourage, creating an elaborate process with an uncertain outcome is not the best way to achieve that desired development type.

A New Approach to CUPs

To address some of the issues that can arise from the traditional CUP process, more communities are reconsidering how they deal with conditional uses. This reexamination can be done by considering one or more of the following actions: reducing the number of CUPs, creating CUP categories, and updating the CUP criteria to be more objective. Let’s look at each in detail.

Reduce the number of conditional uses

For the reasons described above, it is recommended that you review your use charts (and the rest of your zoning code) to ensure that desired land uses are clearly indicated as being “permitted,” and that “conditional uses” are limited to those that truly need a detailed, case-by-case review and approval process. In the ideal world, a CUP application would be a rare exception rather than a common occurrence.

A case in point is the City of Auburn, which consciously reassessed the need for conditional uses in 2009 and moved to allow a greater number of uses outright and through administrative approval. Kirkland is another city that has a small number of conditional uses in its zoning code and hasn’t had anyone apply for a CUP in over five years. Taking it a step further, Federal Way’s zoning code contains no conditional uses in its land use charts.

For certain land uses that might need to have some specific standards applied to them — for example, bed and breakfast establishments — make them a permitted use in the zones where you want to encourage them and then include a separate set of standards addressing bed and breakfasts in your zoning code.

Create major and minor CUP categories

When there some potential land uses that are likely to have small impacts but still need to have some specific conditions applied to them, creating a “minor” CUP category is worth considering. This approach usually includes providing public notice about a proposed project, skipping the hearing, and, instead, requiring administrative review and approval by staff.

One example of this approach is the City of Kent, which changed its land use tables to reduce the number of land uses requiring a CUP and then created a new permit called a “Minor” CUP to allow for easier administrative review. A Minor CUP can be obtained without a hearing with the decision issued by the city’s planning manager. This type of permit is focused on lower-impact uses that the city wanted the ability to allow in a broader list of districts while considering impacts and applying conditions as needed. They have retained the public notice aspect by requiring a Notice of Application for Minor CUPs.

Make the CUP approval criteria as objective and quantifiable as possible

The standards contained in your zoning code about whether or not to issue a CUP should be understandable, clear, and objective. Criteria like that used by Milton (“Consistent with the level of service standards for public facilities and services in accordance with concurrency management requirements”) and Auburn (“The proposal’s impacts can be appropriately mitigated through the application of conditions of approval, as applicable”) are relatively clear and thus more likely to be objectively applied to all CUP requests.

Conversely, CUP standards that are more vague or general as to the impact of a proposed conditional use, such as ‘it shall not be detrimental to the public health, safety, and general welfare’ or ‘it shall not adversely affect the established character and planned character of the surrounding vicinity,’ may sound good at first reading but run the risk of being subjectively applied in different ways for the same type of development being proposed. A lack of clarity and the potential for subjective treatment are not things you want in your zoning code, especially in relation to types of development that your community is seeking to attract. It is important that an applicant, the decision maker, and the public all know the CUP approval criteria will be applied in a fair, consistent, and equitable manner.

Conclusion

Zoning is a powerful tool to help implement your comprehensive plan, but it needs to be used in a thoughtful manner. One important (but not the only) step you should take is to evaluate how well your zoning code implements the goals and policies contained your comprehensive plan.

For the reasons described in this blog, local governments should review their conditional use standards and procedures to ensure that these are working to help achieve (and not thwart) your community’s vision for the future. Finetuning your zoning code’s approach to conditional uses is one step to help improve the prospect of achieving the type of new development envisioned in your comprehensive plan.

 

About Steve Butler

Steve joined MRSC in February 2015. He has been involved in most aspects of community planning for over 30 years, both in the public and private sectors. He received a B.A. from St. Lawrence University (Canton, New York) and a M.S. in Urban and Regional Planning from the University of Wisconsin-Madison. Steve has served as president of statewide planning associations in both Washington and Maine, and was elected to the American Institute of Certified Planner’s College of Fellows in 2008.

VIEW ALL POSTS BY STEVE BUTLER 

Christmas Tree Retail Sale Disallowance / Two-Family Dwelling and Multiple Dwelling Residential Zones / Los Angeles Municipal Code / Amendment

CF  22-0147   AT PLUM    April 05, 2022

Motion (Raman – Koretz) relative to instructing the Department of City Planning and the Los Angeles Department of Building and Safety, in consultation with the City Attorney, to report back within 60 days with recommendations for amending the Los Angeles Municipal Code to disallow the sale of Christmas trees in Two-Family Dwelling and Multiple Dwelling residential zones.

Community Impact Statement: Yes

For: Los Feliz Neighborhood Council


Click on the BLUE HIGHLIGHT to view official documents and reports.

04/01/2022 Planning and Land Use Management Committee scheduled item for committee meeting on April 5, 2022.   Motion 02/08/2022
03/29/2022 Community Impact Statement submitted by Los Feliz Neighborhood Council,Los Feliz Neighborhood Council.   Refer to CF  22-0147
02/08/2022 Motion referred to Planning and Land Use Management Committee.  Motion 02/08/2022

 

Early Childhood Education (ECE) / Child Care Facilities / Citywide By-Right or Administrative Approval Process / Pre-Submittal Review Process / Public Parks as Outdoor Space Requirement / Residential Change of Use Fee

CF 20-0652     

Read:   SB 234    (This bill requires a large family daycare home to be treated as a residential use of property for purposes of all local ordinances)

Read:  Report from Department of City Planning 05/25/2021

 

CONTINUED CONSIDERATION OF HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER and PLANNING AND LAND USE MANAGEMENT COMMITTEES’ REPORT relative to the Early Childhood Education (ECE) programs and approval process for childcare facilities.

Recommendations for Council action, pursuant to Motion (Krekorian – Martinez):

INSTRUCT the Department of City Planning (DCP), with the assistance of the City Attorney, Chief Legislative Analyst (CLA), and the Department of Building and Safety (LADBS), to report with recommendations on the following:  Permitting childcare facilities by right in all areas of the City, except heavy industrial.

Creating an administrative approval process for childcare facilities if the applicant complies with licensing requirements and agrees to a set of standard conditions, such as the proposed standard conditions detailed in Motion (Krekorian – Martinez), attached to the Council file.

Implementing a pre-submittal review process with ECE providers such as the City of Santa Monica’s program.

INSTRUCT the DCP, with the assistance of the Department of Recreation and Parks, the City Attorney, and the CLA, to report to the Council with recommendations for the implementation of a pilot program that allows ECE providers to satisfy their outdoor space requirement for public parks, similar to the City of San Francisco’s program.

INSTRUCT the LADBS to report with recommendations on reducing or eliminating the change of use fee when single-family residences used as family child care homes or single-family child care homes are converted to child care facilities.

Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has submitted a financial analysis of this report.

Community Impact Statement: None submitted.
(Continued from Council meeting of July 29, 2020)


Click on the BLUE HIGHLIGHT to view official documents and reports.

  • 02/17/2022 Council action final.  02/16/2022
  • 02/16/2022 Council adopted item forthwith.   Motion (Lee – Krekorian) 02/16/2022, Report from Arts, Parks, Health, Education, and Neighborhoods Committee 01/25/2022
  • 02/11/2022 City Clerk scheduled item for Council on February 16, 2022. Report from Arts, Parks, Health, Education, and Neighborhoods Committee 01/25/2022, Report from Planning and Land Use Management Committee 08/10/2021
  • 01/25/2022 Arts, Parks, Health, Education, and Neighborhoods Committee approved as amended . Report from Department of City Planning 05/25/2021; Amending Motion (Krekorian – Ryu) 08/12/2020
  • 01/21/2022 Arts, Parks, Health, Education, and Neighborhoods Committee scheduled item for committee meeting on January 25, 2022.  Report from Department of City Planning 05/25/2021; Amending Motion (Krekorian – Ryu) 08/12/2020
  • 08/11/2021 Planning and Land Use Management Committee transmitted Council File to Arts, Parks, Health, Education, and Neighborhoods Committee.  Transmittal Letter from Planning and Land Use Management Committee to Arts, Parks, Health, Education, and Neighborhoods Committee 08/11/2021
  • 08/10/2021 Planning and Land Use Management Committee approved item(s) , with instructions to the Community Investment for Families Department, with the assistance of the Department of City Planning, Department of Recreation and Parks, and the Los Angeles Department of Building and Safety, to create a comprehensive webpage to serve as a centralized Early Childhood Education hub and planning guide, similar to that of the City of Santa Monica; and, to report back to the Planning and Land Use Management Committee with specific recommendations for adoption.  Report from Department of City Planning 05/25/2021
  • 08/06/2021 Planning and Land Use Management Committee scheduled item for committee meeting on August 10, 2021.   Report from Department of City Planning 05/25/2021
  • 06/01/2021 Department of City Planning document(s) referred to Arts, Parks, Health, Education, and Neighborhoods Committee; Planning and Land Use Management Committee. Report from Department of City Planning 05/25/2021
  • 05/26/2021 Document(s) submitted by Department of City Planning, as follows:  Report from Department of City Planning 05/25/2021

Department of City Planning report, dated May 25, 2021, relative to the Early Childhood Education Programs and approval process for child care facilities.

  • 08/12/2020 Council action final.
  • 08/12/2020 Council adopted item, as amended, forthwith. Amending Motion (Krekorian – Ryu) 08/12/2020, Report from Health, Education, Neighborhoods, Parks, Arts, and River Committee 06/26/2020
  • 07/29/2020 Council continued item to/for August 12, 2020  Motion (May 27, 2020),  Health, Education, Neighborhoods, Parks, Arts, and River Committee (June 26, 2020)
  • 7/24/2020 City Clerk scheduled item for Council on July 29, 2020.07/02/2020 Planning and Land Use Management Committee approved item(s) .  Motion (May 27, 2020),  Health, Education, Neighborhoods, Parks, Arts, and River Committee (June 26, 2020)
  • 06/29/2020 Planning and Land Use Management Committee scheduled item for committee meeting on July 2, 2020.  Motion (May 27, 2020)
  • 06/26/2020 Health, Education, Neighborhoods, Parks, Arts, and River Committee approved item(s) .  Motion (May 27, 2020)
  • 06/22/2020 Health, Education, Neighborhoods, Parks, Arts, and River Committee scheduled item for committee meeting on June 26, 2020.  Motion (May 27, 2020)
  • 05/27/2020 Motion document(s) referred to Health, Education, Neighborhoods, Parks, Arts, and River Committee; Planning and Land Use Management Committee.  Motion (May 27, 2020)

 

Ghosts Kitchens / Emerging Business Model / Co-Living / Residential Facilities / Undefined Land Use

CF 21-0665     AT PLUM 08/31/2021

Motion (Koretz – Harris-Dawson) relative to instructing the Department of City Planning, in consultation with the Los Angeles Department of Building and Safety and the City Attorney, to prepare and present an Ordinance that defines ‘Ghost Kitchens’ and ‘Co-living’ residential facilities as an enumerated use with corresponding zones of the City where they can locate, inasmuch as these are land uses currently undefined in the Los Angeles Municipal Code, and part of emerging business models in response to consumer demand.

Community Impact Statement: Yes

For: Westside Neighborhood Council


Click on the BLUE HIGHLIGHT to view official documents and reports.

  • 08/27/2021 Planning and Land Use Management Committee scheduled item for committee meeting on August 31, 2021.  Motion 06/15/2021
  • 08/07/2021 Community Impact Statement submitted by Westside Neighborhood Council.   Refer to CF 21-0665  
  • 06/15/2021 Motion referred to Planning and Land Use Management Committee. Motion 06/15/2021

Ridgeline Protection Ordinance Comment Period Extension

Source:  Department of City Planning

Dear Stakeholder,

On June 17th, City Planning held a public hearing on the proposed Ridgeline Protection Ordinance (Case No. CPC-2021-3001-CA) and proposed Zone Change Ordinance (Case No. CPC-2021-3059-ZC) to apply the Ridgeline Protection regulations to the initial application area. As explained at the public hearing, public input and engagement are critical to this phase of the process. We appreciate and rely on your thoughts and comments to inform the upcoming revisions of the draft ordinances. To that end, the comment period for both of these ordinances has been extended.
The new deadline for submitting comments on these ordinances is end of day Monday, August 2, 2021. Please submit comments and questions to Planning.Ridgelines@lacity.org. We want to hear from you!

UNDERSTANDING NITHYA RAMAN ON THE HOLLYWOOD COMMUNITY PLAN

For Immediate Release: February 17, 2021

NITHYA RAMAN RELEASES STATEMENT ON THE HOLLYWOOD COMMUNITY PLAN

LOS ANGELES– Councilmember Nithya Raman released a letter today stating the position of her office on the Hollywood Community Plan. The Hollywood Community Plan will go before the City Planning Commission on Thursday, February 18. The Councilmember’s full statement, contained within her letter to the City Planning Commission, is as follows:

Thank you for the opportunity to comment on the forthcoming update to the Hollywood Community Plan. The advancement of this draft plan marks an important accomplishment for Hollywood after decades of labor, and we are deeply appreciative of the Department of City Planning’s work in this arena.

Council District 4 is committed to advancing tenant protections and expanding affordable housing in Los Angeles, and we believe there are several areas within this plan that can be strengthened to ensure equitable and affordable development in Hollywood. Namely, we believe the plan can enshrine more robust protections against tenant displacement, be more ambitious in its offering of affordable housing incentives, and take additional steps to protect open space in the Santa Monica mountains. We’ll expound upon each of these priorities one at a time.

Council District 4 shares and supports the priorities of the Just Hollywood Coalition around developing a more robust set of anti-displacement tools for the residents of Hollywood. We believe that replacement RSO units in redeveloped properties should not count towards the affordability requirements therein, but rather should be preserved in addition to new affordable units. We believe that new affordability covenants in Hollywood should follow in the lead of Santa Monica, New York City, and other cities and extend in perpetuity, not their current 55-year time horizon. We further support the Just Hollywood Coalition’s demand for increased public input on hotel projects, requiring conditional use permits appealable to the City Council and restricting the conversion and demolition of housing for the development of hotels.

On the issue of affordable housing, CD4 believes strongly that the Hollywood CPIO’s incentives should go further than those within the City’s Transit Oriented Communities Program, and thereby serve as a model for incentivizing affordable housing in high-opportunity neighborhoods across Los Angeles. To achieve this, we support more ambitious affordable housing percentages within incentive programs that allow for increased density, as well as the removal of parking requirements for 100% affordable projects. We oppose the proposed height limits on Sunset Blvd. in Corridor 5 and the proposed height reductions on Hillhurst Ave. in Los Feliz and support opportunities for increasing allowable height along these corridors only for projects that demonstrate a substantial commitment to affordable housing. 

Finally, we believe that the Hollywood Community Plan can go further in preserving our fragile and unique ecosystem in the Santa Monica Mountains. To forever protect gains made in this arena, all lands acquired by the Santa Monica Mountains Conservancy (SMMC) and Mountains Recreation and Conservation Authority (MRCA) should be rezoned to open space as part of the update. In addition, city-owned land in the Santa Monica Mountains that exists within the Hollywood Community Plan should be rezoned as open space as well, as part of the implementation plan for “open space preservation” set out in the Draft Plan.

We understand that this will not be the last opportunity to contribute to the Hollywood Community Plan Update, and we will continue to work with the Department of City Planning and other associated departments to incorporate comments from the City Planning Commission and the public in the coming weeks. Thank you once again for your indefatigable work in updating our city’s Community Plans. We hope that our comments are constructive in furthering this work, and look forward to working closely alongside you as this draft plan is finalized.

Commentary:  Raman Recall Remorse, Dick Platkin, June 24, 2021

Processes and Procedures Ordinance Consideration by the City Planning Commission

Dear Stakeholder,
On March 25, 2021, the Los Angeles City Planning Commission (CPC) will consider the proposed Processes and Procedures Ordinance, which comprehensively updates the administrative provisions of the Zoning Code. The proposed Ordinance builds upon previous drafts and reflects feedback received since the beginning of this initiative. A copy of the Staff Recommendation Report, which includes the updated 2021 version of the proposed Ordinance, can be found here.
This is one of many steps in the adoption process for this revised version of the proposed Ordinance, and several key steps remain. After consideration and recommendation by CPC, the proposed Ordinance will be considered by the City Council’s Planning and Land Use Management Committee and then the full City Council.
The Commission meeting will begin at 8:30 a.m. and be conducted via teleconference. The meeting agenda is available here, and includes instructions on how to attend virtually and submit comments. Please note that the Processes and Procedures Ordinance is currently listed as the last item on the agenda.
Further information can also be found on the Code Amendments page on City Planning’s website. Should you have any questions, contact Bonnie Kim at bonnie.kim@lacity.org or 213-978-1330. For media inquiries, please contact planning.media@lacity.org.
Thank you for your continued interest.

Land Use Reform / Increasing Transparency / Processes and Procedures Ordinance / Update

CF 20-1045    AT CITY COUNCIL 02/16/2021  Adopted, (14); Absent: De Leon (1)

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS and PLANNING AND LAND USE MANAGEMENT COMMITTEES’ REPORTS relative to updating the Processes and Procedures Ordinance with additional criteria on certain entitlements and restrictions; and, establishing new protocols around communication between developers and council offices that takes place outside official meetings or hearings.

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT
Recommendations for Council action, pursuant to Motion (Martinez – Krekorian):

INSTRUCT the Department of City Planning (DCP), in coordination with the Chief Legislative Analyst (CLA), to update the Processes and Procedures Ordinance with additional criteria on when entitlements such as legislative actions and Conditional Use Permits will be granted and should restrict actions from moving forward unless it can be established that they are in the public interest or otherwise adhere to established policies of the City.

INSTRUCT the DCP, in coordination with the CLA, to establish new protocols around communication between developers and Council Offices that take place outside official meetings or hearings, ensuring that discussions between developers and Council Offices take place transparently and with appropriate disclosures.

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT
Recommendation for Council action, as initiated by Motion (Martinez – Krekorian):
Concur with the Rules, Elections, and Intergovernmental Relations Committee’s recommendations above with the following added amendment:

INSTRUCT the DCP to provide all reports relative to Council file Nos. 20-1042, 20-1044, and 20-1045, at the same time and, unless otherwise indicated in any specific clause, to report within 60 days; and,

REQUEST the City Attorney to comment on these matters, specifically on concerns regarding the Voting Rights Act and First Amendment rights as we move in a direction towards more civic participation and voting, being mindful not to undermine that direction, any first amendment rights communications, and the abilities for the efficiency of services for the public.

Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has completed a financial analysis of these reports.

Community Impact Statement: Yes

For:
Greater Cypress Park Neighborhood Council
Bel Air-Beverly Crest Neighborhood Council


Click on the BLUE highlight to view official documents and reports.

  • 02/11/2021 City Clerk scheduled item for Council on February 16, 2021.
  • 02/03/2021 Community Impact Statement submitted by Bel Air-Beverly Crest Neighborhood Council.Refer to CF 20-1045 
  • 11/19/2020 Planning and Land Use Management Committee approved item(s) with additional instructions.
  • 11/16/2020 Community Impact Statement submitted by Greater Cypress Park Neighborhood Council.   Refer to CF 20-1045 
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee approved item(s) .  Motion 08/19/2020
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee transmitted Council File to Planning and Land Use Management Committee.  Motion 08/19/2020
  • 09/21/2020 Rules, Elections, and Intergovernmental Relations Committee scheduled item for committee meeting on September 23, 2020.   Motion 08/19/2020
  • 08/19/2020 Motion document(s) referred to Planning and Land Use Management Committee; Rules, Elections, and Intergovernmental Relations Committee. Motion 08/19/2020

 

Land Use Reform / High Value Projects

CF 20-1044

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEES’ REPORTS relative to developing criteria for high value projects and amending the planning process so these projects are diverted from the PLUM Committee and go directly to Council.

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT
Recommendations for Council action, as initiated by Motion (Martinez – O’Farrell):
INSTRUCT the Department of City Planning (DCP), in coordination with the Chief Legislative Analyst (CLA), to report in 30 days in regards to developing criteria for high value projects and amend the planning process so these projects are diverted from the PLUM Committee and go directly to Council with said report to analyze high value projects that have gone to PLUM Committee since 2013 and take into consideration both the total cost as well as the cost per square foot.

INSTRUCT the DCP to include deadlines in terms of when high value projects should be scheduled for Council in their report. Projects that are not high value projects should also be given deadlines for when they need to be scheduled in the PLUM Committee.

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT
Recommendation for Council action, as initiated by Motion (Martinez – O’Farrell):
Concur with the Rules, Elections, and Intergovernmental Relations Committee’s recommendations of September 23, 2020 above with the following added amendment:

INSTRUCT the DCP to provide all reports relative to Council file Nos. 20-1042, 20-1044, and 20-1045, at the same time and, unless otherwise indicated in any specific clause, to report within 60 days; and,

REQUEST the City Attorney to comment on these matters, specifically on concerns regarding the Voting Rights Act and First Amendment rights as we move in a direction towards more civic participation and voting, being mindful not to undermine that direction, any first amendment rights communications, and the abilities for the efficiency of services for the public.

Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has completed a financial analysis of these reports.

Community Impact Statement: Yes

Against:
Harbor Gateway North Neighborhood Council
Greater Valley Glen Neighborhood Council
Mar Vista Neighborhood Council
Greater Cypress Park Neighborhood Council
Palms Neighborhood Council
Elysian Valley Riverside Neighborhood Council
Mid City Neighborhood Council
Wilshire Center Koreatown Neighborhood Council
Northwest San Pedro Neighborhood Council

Against, unless Amended:
Encino Neighborhood Council


Click on the BLUE highlight to view official documents and reports.

  • 05/19/2021 Community Impact Statement submitted by Woodland Hills-Warner Center.  CF 20-1044
  • 05/12/2021 Community Impact Statement submitted by Zapata – King.  CF 20-1044
  • 03/03/2021 Community Impact Statement submitted by Coastal San Pedro Neighborhood Council   CF 20-1044
  • 02/16/2021 Council action final.
  • 02/16/2021 Council adopted item, as amended, forthwith.   Amending Motion (Bonin – Rodriguez) 02/16/2021, Amending Motion (Martinez – OFarrell) 02/16/2021,Report from Planning and Land Use Management Committee 11/19/2020, Report from Rules, Elections, and Intergovernmental Relations Committee 09/23/2020
  • 02/13/2021 Community Impact Statement submitted by Greater Valley Glen Neighborhood Council. Refer to CF 20-1044
  • 02/11/2021 City Clerk scheduled item for Council on February 16, 2021.
  • 01/20/2021 Community Impact Statement submitted by Wilshire Center Koreatown NC.  See CF 20-1044
  • 01/14/2021 Community Impact Statement submitted by Northwest San Pedro Neighborhood Council.  See CF 20-1044
  • 11/29/2020 Community Impact Statement submitted by Palms Neighborhood Council.  See CF 20-1044
  • 11/29/2020 Community Impact Statement submitted by Palms Neighborhood Council.  See CF 20-1044
  • 11/24/2020 Community Impact Statement submitted by Mid-City Neighborhood Council.  See CF 20-1044
  • 11/21/2020 Community Impact Statement submitted by Elysian Valley Riverside Neighborhood Council.  See CF 20-1044
  • 11/19/2020 Planning and Land Use Management Committee approved as amended with additional instructions.   Motion 08/19/2020
  • 11/19/2020 Community Impact Statement submitted by Palms Neighborhood Council.  See CF 20-1044
  • 11/16/2020 Community Impact Statement submitted by Greater Cypress Park Neighborhood Council.  See CF 20-1044
  • 11/11/2020 Community Impact Statement submitted by Encino Neighborhood Council. See CF 20-1044
  • 10/25/2020 Community Impact Statement submitted by Mar Vista Community Council.  See CF 20-1044
  • 10/19/2020 Community Impact Statement submitted by Greater Valley Glen Neighborhood Council.  See CF 20-1044
  • 10/16/2020 Community Impact Statement submitted by Harbor Gateway North Neighborhood Council.  See CF 20-1044
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee approved as amended .  Motion 08/19/2020
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee transmitted Council File to Planning and Land Use Management Committee.   Communication from REIR Committee Clerk 09/23/2020,  Motion 08/19/2020
  • 09/21/2020 Rules, Elections, and Intergovernmental Relations Committee scheduled item for committee meeting on September 23, 2020.   Motion 08/19/2020
  • 08/19/2020 Motion document(s) referred to Planning and Land Use Management Committee; Rules, Elections, and Intergovernmental Relations Committee.  Motion 08/19/2020

City Zoning Code Update / Ballot Measure

CF 20-1042   AT CITY COUNCIL 02/16/2021

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS and PLANNING AND LAND USE MANAGEMENT COMMITTEES’ REPORTS relative to the creation of a measure to be placed on the ballot to revise the City’s Zoning Code.

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT
Recommendations for Council action, as initiated by Motion (Martinez – Harris-Dawson):

INSTRUCT the Department of City Planning (DCP), in coordination with the Chief Legislative Analyst (CLA), to report in 30 days in regard to the creation of a measure to be placed on a future ballot to update the City’s Zoning Code with said measure to include:
Addressing the City’s desperate shortage of housing as well as the City’s Regional Housing Needs Assessment obligation.
Be modeled after the Transit Oriented Communities Program to incentivize broader community benefits such as affordable housing, high paying jobs, parks and open space and improvements to mobility and the public realm.
Lead to an equitable distribution of new housing around the City based on high quality jobs, transit, and historic housing production.

ENSURE that the zoning code ballot measure be prepared through a transparent process that includes community engagement.

INSTRUCT the Los Angeles Housing and Community Investment Department (HCIDLA) to report on revising the City’s Zoning Code, to incorporate the HCIDLA’s work on fair housing and equitable distribution.

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT
Recommendation for Council action, as initiated by Motion (Martinez – Harris-Dawson):
Concur with the Rules, Elections, and Intergovernmental Relations Committee’s recommendations of September 23, 2020 above with the following added amendment:

INSTRUCT the DCP to provide all reports relative to Council file Nos. 20-1042, 20-1044, and 20-1045, at the same time and, unless otherwise indicated in any specific clause, to report within 60 days; and,

REQUEST the City Attorney to comment on these matters, specifically on concerns regarding the Voting Rights Act and First Amendment rights as we move in a direction towards more civic participation and voting, being mindful not to undermine that direction, any first amendment rights communications, and the abilities for the efficiency of services for the public.

Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has completed a financial analysis of these reports.

Community Impact Statement: Yes

For, if amended:
Central Hollywood Neighborhood Council
Wilshire Center Koreatown Neighborhood Council

For:
North Westwood Neighborhood Council

Against:
Mid City West Neighborhood Council
Greater Cypress Park Neighborhood Council


Click on the BLUE highlight to view official documents and reports.

  • 02/11/2021 City Clerk scheduled item for Council on February 16, 2021.
  • 01/19/2021 Community Impact Statement submitted by Wilshire Center Koreatown NC.   Refer to  CF 20-1042
  • 01/16/2021 Community Impact Statement submitted by Mid City WEST Neighborhood Council.  Refer to  CF 20-1042
  • 01/15/2021 Community Impact Statement submitted by North Westwood Neighborhood Council.  Refer to  CF 20-1042
  • 01/13/2021 Community Impact Statement submitted by Central Hollywood Neighborhood Council.  Refer to  CF 20-1042
  • 01/11/2021 Community Impact Statement submitted by Central Hollywood Neighborhood Council.  Refer to  CF 20-1042
  • 11/19/2020 Planning and Land Use Management Committee approved as amended with additional instructions.   Communication from REIR Committee Clerk 09/23/202,  Motion 08/19/2020
  • 11/16/2020 Community Impact Statement submitted by Greater Cypress Park Neighborhood Council.  Refer to  CF 20-1042
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee approved as amended . Motion 08/19/2020
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee transmitted Council File to Planning and Land Use Management Committee.   Communication from REIR Committee Clerk 09/23/202,  Motion 08/19/2020
  • 09/21/2020 Rules, Elections, and Intergovernmental Relations Committee scheduled item for committee meeting on September 23, 2020.  Motion 08/19/2020
  • 08/19/2020 Motion document(s) referred to Planning and Land Use Management Committee; Rules, Elections, and Intergovernmental Relations Committee.  Motion 08/19/2020

Adjudicating Body / City Attorney / Administrative Citation Enforcement (ACE) Program / Los Angeles Municipal Code (LAMC) / Section 56.08 / Amendment

CF 20-1162         Adopted, (12); Absent: Cedillo, Rodriguez, Ryu (3)

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) Section 56.08 for Administrative Citation Enforcement (ACE) Appeals to remove Board of Public Works in the appeal hearing process.

Recommendation for Council action:

REQUEST the City Attorney to prepare and present an Ordinance amending the LAMC to allow for violations under LAMC Section 56.08 to be adjudicated through the Administrative Citation Enforcement Program.
Fiscal Impact Statement: None submitted by the Board of Public Works. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: None submitted.


Click on the BLUE highlight to view official documents and reports.

  • 11/25/2020 Council action final.
  • 11/25/2020 Council adopted item forthwith.   Report from Public Works and Gang Reduction Committee 11/13/2020
  • 11/20/2020 City Clerk scheduled item for Council on November 25, 2020.  Report from Public Works and Gang Reduction Committee 11/13/2020
  • 11/04/2020 Public Works and Gang Reduction Committee approved as amended .
  • 10/30/2020 Public Works and Gang Reduction Committee scheduled item for committee meeting on November 4, 2020.  Report from Board of Public Works 02/05/2020, Attachment to Communication dated 02/05/2020 – Board Report 02/05/2020
  • 10/21/2020 Public Works and Gang Reduction Committee continued item to/for .
  • 10/16/2020 Public Works and Gang Reduction Committee scheduled item for committee meeting on October 21, 2020.   Report from Board of Public Works 02/05/2020, Attachment to Communication dated 02/05/2020 – Board Report 02/05/2020
  • 09/11/2020 Board of Public Works document(s) referred to Public Works and Gang Reduction Committee.  Report from Board of Public Works 02/05/2020, Attachment to Communication dated 02/05/2020 – Board Report 02/05/2020
  • 09/11/2020 Document(s) submitted by Board of Public Works, as follows:  Report from Board of Public Works 02/05/2020, Attachment to Communication dated 02/05/2020 – Board Report 02/05/2020

Board of Public Works report BPW-2020-0055, dated February 5, 2020, relative to amending the Los Angeles Municipal Code to allow violations under Section 56.08 to be adjudicated through the City Attorney’s Administrative Citation Enforcement (ACE) program and remove the Board of Public Works as the adjudication body.

Personal Delivery Devices (PDDs) / Local Operation / Public Right-of-Way / Retail and Meal Deliveries / Regulatory Framework

CF 20-1328       Adopted, (13); Absent: Cedillo, Ryu (2)

TRANSPORTATION COMMITTEE REPORT relative to developing a regulatory framework for personal delivery devices that operate in the City’s public right-of-way.

Recommendation for Council action, as initiated by Motion (Blumenfield – Bonin):

INSTRUCT the Los Angeles Department of Transportation (LADOT) and the Bureau of Street Services, with the assistance of the City Attorney, to develop a regulatory framework for personal delivery devices that operate in the City’s public right-of-way, including, at a minimum: sidewalk accessibility and utilization, the use of digital management tools, public right-of-way use fees, limitations on advertising, enforcement capacity, consumer and public privacy, and what public benefits there are, if any; and, an option to prohibit the deployment of the devices in the City’s public right-of-way.

Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: None submitted.


Click on the BLUE highlight to view official documents and reports.

  • 11/25/2020 Council action final.
  • 11/24/2020 Council adopted item forthwith.  Report from Transportation Committee 11/05/2020
  • 11/20/2020 City Clerk scheduled item for Council on November 24, 2020.  Report from Transportation Committee 11/05/2020
  • 11/02/2020 Transportation Committee approved as amended to request the Los Angeles Department of Transportation, the Bureau of Street Services, and the City Attorney to include in their report a regulatory framework, additional information regarding accessibility and public benefits, and an option to prohibit the deployment of the devices in the City’s public right-of-way.  Motion 10/14/2020
  • 10/30/2020 Transportation Committee scheduled item for committee meeting on November 2, 2020. Motion 10/14/2020
  • 10/29/2020 Corrected Referral per Council President to change referral to Transportation Committee. Motion 10/14/2020
  • 10/14/2020 Motion document(s) referred to Public Works and Gang Reduction Committee.  Motion 10/14/2020

Local Emergency Code Amendment Consideration by City Planning Commission

Source:  Department of City Planning

Dear Stakeholder,

On December 3, 2020, the Los Angeles City Planning Commission (CPC) will consider the proposed Local Emergency Code Amendment Ordinance, which creates a mechanism for the City Council and Mayor to enact temporary regulatory relief from certain Zoning Code provisions related to time limitations and automobile parking provisions.

This is the first step in the adoption process for a proposed Ordinance, and several key steps remain. After consideration and adoption of a recommendation report by CPC, the proposed Ordinance will be considered by the City Council’s Planning and Land Use Management Committee and undergo review by the City Attorney before final consideration by the full City Council. The date of these meetings is contingent on the outcome of the CPC meeting and have not been scheduled yet.

The Commission meeting will begin at 8:30 a.m. and be conducted via teleconference. The meeting agenda can be found here, which includes instructions on how to attend. Any public comments submitted prior to the meeting should be directed to cpc@lacity.org.

A fact sheet outlining the key provisions of the proposed Ordinance is available online. Updates and further information can also be found on the Proposed Land Use Regulations page on City Planning’s website. Should you have any questions, contact Andrew Pennington at andrew.pennington@lacity.org or 213-978-1395. For media inquiries, please contact planning.media@lacity.org.

Thank you for your continued interest.

Land Use Violations Deterrence / County Public Health Violations / COVID-19 Pandemic / DWP Shut-offs / Occupancy Holds or Revocations / Permit Prohibitions / Scorched Earth Penalties

CF 20-0975      AT CITY COUNCIL 12/02/2020   Adopted, (14); Absent: Ryu (1)

PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to identifying building, zoning, housing, and municipal code violations impacting community well-being and outlining deterrence tools that can be adopted to remedy violations.

Recommendations for Council action, pursuant to Motion (Ryu – Krekorian):

INSTRUCT the Los Angeles Department of Building and Safety (LADBS), Department of City Planning (DCP), Los Angeles Department of Water and Power (LADWP), and the Los Angeles Housing and Community Investment Department (HCIDLA) to identify building, zoning, housing, and municipal code violations impacting community well-being and prepare a report back to the City Council outlining additional deterrence tools that can be adopted to remedy these violations, including but not limited to LADWP shut-offs, Certificate of Occupancy holds or revocations, permit prohibitions on the same or related properties, and scorched earth penalties, as amended by the PLUM Committee.

REQUEST that the City Attorney prepare and present an Ordinance based on the deterrence tools recommendations by LADBS, DCP, LADWP and HCIDLA that can be used to hold property owners accountable for parties hosted at their properties that violate the County Public Health Order and put public health at risk during this COVID-19 pandemic; said penalties should be in addition to those available under the Loud and Unruly Gatherings Ordinance.

Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: Yes.

For: Bel Air-Beverly Crest Neighborhood Council


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  • 12/02/2020 Council action final.
  • 12/02/2020 Council adopted item forthwith.  Report from Planning and Land Use Management Committee 10/29/2020 
  • 11/30/2020 City Clerk scheduled item for Council on December 2, 2020.  Report from Planning and Land Use Management Committee 10/29/2020
  • 10/29/2020 Planning and Land Use Management Committee approved as amended .  Motion (08/05/2020)
  • 10/23/2020 Planning and Land Use Management Committee scheduled item for committee meeting on October 29, 2020. Motion (08/05/2020)
  • 09/16/2020 Community Impact Statement submitted by Bel Air-Beverly Crest Neighborhood Council.  Refer to CF 20-0975
  • 08/05/2020 Motion document(s) referred to Planning and Land Use Management Committee.  Motion (08/05/2020)

Land Use Reform / Increasing Transparency / Processes and Procedures Ordinance / Update

CF 20-1045     AT PLUM 11/19/2020

Motion (Martinez – Krekorian) relative to revising the Processes and Procedures Ordinance with additional criteria in regard to entitlements such as legislative actions and the granting of Conditional Use Permits and restricting actions from moving forward unless it can be established that they are in the public interest or otherwise adhere to established policies of the City. (On September 23, 2020, Rules, Elections, and Intergovernmental Relations Committee approved item.)

Community Impact Statement: None submitted.


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  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee approved item(s) .  Motion 08/19/2020
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee transmitted Council File to Planning and Land Use Management Committee.  Motion 08/19/2020
  • 09/21/2020 Rules, Elections, and Intergovernmental Relations Committee scheduled item for committee meeting on September 23, 2020.  Motion 08/19/2020
  • 08/19/2020 Motion document(s) referred to Planning and Land Use Management Committee; Rules, Elections, and Intergovernmental Relations Committee.  Motion 08/19/2020

Land Use Reform / High Value Projects

CF 20-1044         AT PLUM 11/19/2020

Motion (Martinez – O’Farrell) relative to developing criteria for high value projects and amend the planning process so these projects are diverted from the Planning and land Use Management Committee and go directly to the City Council. (On September 23, 2020, Rules, Elections, and Intergovernmental Relations Committee approved as amended.)

Community Impact Statement: Yes

Against:
Harbor Gateway North Neighborhood Council
Greater Valley Glen Neighborhood Council
Mar Vista Neighborhood Council

Against unless Amended
Encino Neighborhood Council


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  • 11/11/2020 Community Impact Statement submitted by Encino Neighborhood Council. Refer to CF 20-1044
  • 10/25/2020 Community Impact Statement submitted by Mar Vista Community Council. Refer to CF 20-1044
  • 10/19/2020 Community Impact Statement submitted by Greater Valley Glen Neighborhood Council.
  • 10/16/2020 Community Impact Statement submitted by Harbor Gateway North Neighborhood Council.   Refer to CF 20-1044
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee approved as amended .  Motion 08/19/2020
  • 09/23/2020 Rules, Elections, and Intergovernmental Relations Committee transmitted Council File to Planning and Land Use Management Committee.  Motion 08/19/2020, Communication from REIR Committee Clerk 09/23/2020
  • 09/21/2020 Rules, Elections, and Intergovernmental Relations Committee scheduled item for committee meeting on September 23, 2020.  Motion 08/19/2020
  • 08/19/2020 Motion document(s) referred to Planning and Land Use Management Committee; Rules, Elections, and Intergovernmental Relations Committee.  Motion 08/19/2020

Inspection Warrant / Right of Entry / Building Code Violations / Los Angeles Municipal Code / Amendment

CF 20-0844       AT CITY COUNCIL 08/12/2020

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) Section 98.0105, to clarify the current right of entry for Los Angeles Department of Building and Safety (LADBS) inspectors to conduct inspections.

Recommendations for Council action, pursuant to Motion (Harris-Dawson – Blumenfield):

REQUEST that the City Attorney, with the assistance of the LADBS, prepare and present an Ordinance, to amend LAMC Section 98.0105, Inspections, to clarify the right of entry for LADBS inspectors to conduct inspections, as follows:

Add language that indicates that the LADBS inspectors must explain the reasons to conduct inspections, and request consent of the occupant to enter when the property is occupied; and, when the property is unoccupied to locate the owner or other person having control of the property, to explain the reasons for the inspection and consent to enter.

Add a new section that specifies, that an Inspection Warrant is required when entrance to a property is refused or cannot be obtained, as follows:  Inspection Warrant – If consent to enter is refused or cannot be obtained, whether a property is occupied or unoccupied, the Superintendent of Building or his authorized representative shall obtain an inspection warrant.

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


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  • 08/27/2020 City Attorney document(s) referred to Planning and Land Use Management Committee. Report from City Attorney (August 27, 2020) ,  Draft Ordinance (August 27, 2020)
  • 08/27/2020 Document(s) submitted by City Attorney, as follows: Draft Ordinance (August 27, 2020)

City Attorney report 20-0252, dated August 27, 2020, relative to a draft Ordinance amending the Los Angeles Municipal Code to clarify the right of entry for the Los Angeles Department of Building and Safety inspectors to conduct inspections.

 

  • 08/12/2020 Council action final.
  • 08/12/2020 Council adopted item forthwith.
  • 08/07/2020 City Clerk scheduled item for Council on August 12, 2020.   Motion (June 24, 2020),   PLUM Report (July 28, 2020)
  • 07/28/2020 Planning and Land Use Management Committee approved item(s) . Motion (June 24, 2020),   PLUM Report (July 28, 2020)
  • 7/24/2020 Planning and Land Use Management Committee scheduled item for committee meeting on July 28, 2020. Motion (June 24, 2020)
  • 06/24/2020 Motion document(s) referred to Planning and Land Use Management Committee.  Motion (June 24, 2020)