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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SB-4 Planning and zoning: housing development: higher education institutions and religious institutions.

Read;  SB 4        UPDATE 06/28/23  State Asm Housing and Community Development

This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower-income households, except that 20% of the units may be for moderate-income households, and 5% of the units may be for staff of the independent institution of higher education or the religious institution that owns the land, provided that the units affordable to lower-income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.

Council and Committee Referral – Wednesday, June 28, 2023

 

22-0600-S54 Update processes related to low-impact development and stormwater approval for the construction of housing.
To Energy and Environment Committee
City Attorney report R23-0244, dated June 27, 2023, relative to a draft Ordinance amending the Los Angeles Municipal Code to update processes related to low-impact development and stormwater approval for the construction of housing.

SB-684 Land use: streamlined approval processes: development projects of 10 or fewer single-family residential units on urban lots under 5 acres.(2023-2024

Read:  SB 684

STATUS:  06/21/23 From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 0.) (June 21). Re-referred to Com. on L. GOV.

The Planning and Zoning Law contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process depending on the type of housing development, as specified. Existing law, known as the Starter Home Revitalization Act of 2021, requires a city or county to approve an application for a small home lot housing development project, as defined, on a proposed site to be subdivided unless the city or county makes a finding related to the development’s compliance with certain requirements or the development’s specific, adverse public health or safety impact.

This bill would require a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements. In this regard, the bill would require the housing development to consist of 10 or fewer single-family residential units, meet certain minimum density requirements, and be located on a lot zoned for multifamily or single-family residential development that is no larger than 5 acres and is substantially surrounded by qualified urban uses.

The bill would also require a local agency to issue a building permit for a subdivision if, among other requirements, the applicant received a tentative map approval or parcel map approval for the subdivision pursuant to the bill’s provisions described above.

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.

Boarded Up Abandoned Vacant Properties / Nuisance Resolution / Call Volume / Civil and Criminal Actions / Nuisance Abatement / Vacant Building Ordinance / Council District 15

CD 23-0439    AT CITY COUNCIL 06.14.2023 

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a report on the volume of calls, the number of boarded up, abandoned or vacant properties and the average length of time from the initial complaint through the resolution of a nuisance at a property, received by each department since January 1, 2022; and, related matters.

Recommendations for Council action, pursuant to Motion (Rodriguez for McOsker – Price):

DIRECT the Los Angeles Police Department, Los Angeles Fire Department, Los Angeles Department of Building and Safety, Housing Department, Board of Public Works, Los Angeles Department of Water and Power, and Department of City Planning, to transmit to the City Attorney within 30 days a report on the volume of calls, the number of boarded up, abandoned or vacant properties and the average length of time from the initial complaint through the resolution of a nuisance at a property, received by each department since January 1, 2022.

REQUEST the City Attorney to submit to Council a report on the number of civil or criminal actions brought by the City Attorney’s Office pursuant to the Vacant Building Ordinance or other nuisance abatement laws against property owners or tenants, and the resolution or status of such actions related to vacant and unsecured or boarded properties in Council District 15.

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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Eldercare Facilities / Board and Care / Abandoned or Discontinued Properties / Los Angeles Municipal Code Section 14.3.1 (L) / Repeal

CF 23-0563     AT CITY COUNCIL 06.13.2023

CIVIL RIGHTS, EQUITY, IMMIGRATION, AGING AND DISABILITY COMMITTEE REPORT relative to requesting an Ordinance which would repeal Los Angeles Municipal Code (LAMC) 14.3.1 (L) which currently imposes a series of requirements to re-establish eldercare facilities that have been abandoned or discontinued for a year.

Recommendation for Council action, as initiated by Motion (Raman – Yaroslavsky):

REQUEST the City Attorney to prepare and present an Ordinance, with the assistance of the Department of City Planning, which would repeal LAMC 14.3.1 (L) which currently imposes a series of requirements to re-establish eldercare facilities that have been abandoned or discontinued for a year so that the City can remove barriers to preserve eldercare facilities.

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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SB 4 Planning and zoning: housing development: higher education institutions and religious institutions.

Read: SB 4      UPDATE  2023-06-08 Assembly Referred to Coms. on H. & C.D. and NAT. RES.

AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE MARCH 28, 2023
AMENDED IN SENATE FEBRUARY 22, 2023

Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits.
This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower-income households, except that 20% of the units may be for moderate-income households, and 5% of the units may be for staff of the independent institution of higher education or the religious institution that owns the land, provided that the units affordable to lower-income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.

Housing Element / General Plan / 2021-2029

CF 21-1230     AT PLUM 06.06.2023 

Related to Council file No. 22-0403-S1

Department of City Planning report relative to providing a verbal report in response to the City Council’s instruction for a 120-day report on progress towards meeting Housing Element 2021-2029 rezoning targets and equity methodologies incorporated into rezoning efforts as well as an annual report on the progress made toward reaching the Housing Element Regional Housing Needs Assessment and affirmatively furthering fair housing.

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Housing Element / General Plan / Implementation Annual Progress Reports / 2022

CF 22-0403-S1       AT PLUM 06.06.2023

Related to Council file No. 21-1230

Department of City Planning report dated April 3, 2023, relative to the 2022 Annual Progress Reports on implementation of the General Plan and the Housing Element.

(Referred to Housing and Homelessness Committee and Planning and Land Use Management Committee)

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Priority Housing – Transit Schedules

Dear Stakeholder,
Please see the linked Updated Transit Service Determinations After the End of the COVID-19 Pandemic memorandum from the Department of City Planning, dated May 22, 2023. Effective immediately, City Planning will no longer recognize transit schedules that were in place as of March 17, 2020 and will instead use currently published transit schedules. Please email your questions to the Affordable Housing Services Section at planning.priorityhousing@lacity.org.

City Planning Releases New Proposed Incentives to Repurpose Vacant Commercial Spaces for Housing

 

LOS ANGELES— City Planning is launching the Citywide Adaptive Reuse program, the first of the Citywide Housing Incentive Program’s six core strategies for addressing the City’s housing crisis and meeting the bold Housing Element Rezoning obligations. Adaptive Reuse is an innovative strategy that facilitates the conversion of existing underutilized or historically significant buildings into housing.
“Los Angeles needs more housing that Angelenos can afford. Adaptive reuse development can help bring much needed housing online throughout the City. I look forward to working with the City Planning Commission, City Council and communities across Los Angeles to receive input on this important policy,” said Mayor Karen Bass.
Adaptive Reuse has been in effect in Downtown Los Angeles since 1999 and is touted as one of the reasons behind Downtown’s resurgence in recent decades. In Downtown alone, Adaptive Reuse created more than 12,000 housing units during its first 15 years in effect. Building on this success, the expanded program will now make Adaptive Reuse conversions available citywide with fewer regulatory burdens, opening new doors for housing Angelenos.
“The Adaptive Reuse Ordinance seeks resourceful solutions to create more housing opportunities,” said Director of Planning Vince Bertoni. “Reuse of buildings is a sustainable practice that conserves many of the resources used to build them, reducing greenhouse gas emissions associated with ground-up construction. By mixing commercial and residential uses and bringing residents and visitors close to jobs and services, conversions can also play a part in improving air quality and reducing the numbers of vehicle trips and vehicle miles traveled.”
Drafted with post-pandemic economic recovery in mind, the Adaptive Reuse Ordinance incentivizes the conversion of existing commercial buildings to housing, providing a faster review process for older buildings, allowing for flexible unit sizes, and allowing buildings to retain their building shell while the interior may be converted to housing. The ordinance aims to reduce vacant space, extend the life of buildings, lower carbon emissions, and revitalize historic structures, all while creating new housing opportunities.
City staff will host three upcoming webinars June 6 through 8, which will provide an opportunity to learn more about the details of the program. Each webinar will cover the same material, and will include program background, information on the proposed revisions to the Adaptive Reuse Ordinance, and further opportunities to provide feedback.
Click here to view the draft Adaptive Reuse Ordinance, and here to view the Citywide Adaptive Reuse Fact Sheet. To learn more about the Citywide Adaptive Reuse Ordinance and the Citywide Housing Incentive program, sign up for updates here.

Adaptive Reuse Update

Dear Stakeholder,
Last month, LA City Planning introduced the newest Housing Element Rezoning Program work effort, the Citywide Housing Incentive Program, with three public webinars. The webinars introduced the Citywide Housing Incentive Program’s six core strategies including expanding the Adaptive Reuse program, updating the Affordable Housing Incentive Programs, incentivizing housing on Opportunity Corridors, creating affordable housing opportunities through the Affordable Housing Overlay, facilitating Missing Middle housing, and enhancing process streamlining. To learn more about these strategies and provide your feedback visit the Concept Explorer and Survey and the Housing Element Rezoning Program website.
We are excited to announce the release of the initial draft of the expanded Adaptive Reuse program strategy. The expanded program will update the City’s existing Adaptive Reuse Ordinance to build upon the success of the City’s 1999 program, which led to the creation of more than 12,000 housing units in Downtown LA and sparked economic regeneration, all while preserving and reinvigorating the City’s architectural legacy.
Los Angeles is now facing a different set of challenges, including a housing shortage and post-pandemic economic recovery, which has led Los Angeles City Planning to propose a reimagining of the City’s adaptive reuse policies. The ordinance incentivizes the conversion of existing commercial buildings to housing, providing a faster review process for buildings over 15 years old, allowing for flexible unit sizes, and providing relief from certain development standards that apply to newly constructed buildings. This ordinance aims to reduce vacant space, extend the life of buildings, lower carbon emissions, and revitalize historic structures.
To learn more about the strategy we hope you will attend one of three upcoming interactive webinars, which will include program background, information on the proposed revisions to the Adaptive Reuse Ordinance and opportunities to provide feedback. Please click the date and time below to register. Note that the content of all three webinars is the same.
Click here to view the draft Adaptive Reuse Ordinance, and here to view the Citywide Adaptive Reuse Fact Sheet. To learn more about the Citywide Adaptive Reuse Ordinance and the Citywide Housing Incentive program, sign up for updates here or email housingelement@lacity.org to provide feedback.
About the Citywide Housing Incentive Program
Following the 2022 certification of the 2021-2029 Housing Element, City Planning staff has been working to develop and implement the ambitious programs identified in the Plan to House LA. The Plan identified that there is a significant housing need in Los Angeles, reflected by high rents, overcrowded conditions, and increasing housing instability. The Citywide Housing Incentive Program aims to address Los Angeles’ significant housing needs, for the City to provide greater housing access and meet its state housing obligations. The Citywide Housing Incentive Program will be implemented through one or more zoning code amendments developed simultaneously over a two year period (2023-2025). To learn more about the program click here.
Upon request, Los Angeles City Planning can facilitate having sign language interpreters and translation between English and other languages available to the public. All requests must be made at least three working days or 72 hours in advance of the event or meeting date. To request accommodations or translation services, or for other questions, please email housingelement@lacity.org.

SB 4 (Wiener) / Affordable Housing on Faith Lands Act / Expedited Development

CF 23-0002-S30

COMMUNICATION FROM THE CHIEF LEGISLATIVE ANALYST and RESOLUTION (YAROSLAVSKY – RAMAN) relative to establishing the City’s position regarding SB (Senate Bill) 4 (Wiener), which expresses the intent to enact legislation to address streamlining the creation of affordable low and moderate-income housing on faith-based lands.

Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:

ADOPT the accompanying RESOLUTION to include in the City’s 2023-24 State Legislative Program SUPPORT for SB 4 (Wiener) which expresses the intent to enact legislation to address streamlining the creation of affordable low and moderate income housing on faith-based lands.

Community Impact Statement: Yes

Against:
Tarzana Neighborhood Council

Against unless Amended:
Sherman Oaks Neighborhood Council

(Rules, Elections, and Intergovernmental Relations Committee waived consideration of the above matter)

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Site Plan Review Ordinance

CPC-2023-1083-CA     UPDATE  City Planning Commission Letter of Determination May 17, 2023 

Council District: All
CEQA: ENV-2020-6762-EIR; ENV-2020-6762-EIR-ADD1

CPC HEARING NOTICE AND STAFF RECOMMENDATION

PUBLIC HEARING – Completed March 14, 2023
PUBLIC HEARING REQUIRED
PROJECT SITE: Citywide

PROPOSED AMENDMENT:

The proposed amendment to the Site Plan Review Ordinance would amend Section 16.05 of the Los Angeles Municipal Code (LAMC) in order to streamline the permitting of new affordable housing units. The  proposed amendment to the Site Plan Review Ordinance would exempt deed restricted affordable units  from the 50-unit Site Plan Review threshold calculations.

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 (SCH) No.
2021010130 certified on November 29, 2021 and the Addendum (ENV-2020-6762-EIR-ADD1)
approved June 14, 2022;
2. Approve and Recommend that the City Council adopt the proposed Ordinance;
3. Adopt the staff report as the Commission’s report on the subject;
4. 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; and
5. Adopt the Findings.

Applicant: City of Los Angeles
Staff: Jeanalee Obergfell, City Planning Associate
jeanalee.obergfell@lacity.org
(213) 978-0092

ACCESSORY DWELLING UNIT CONVERSION Information Bulletin: Public – Building Code 2023-150

Department of Building and Safety
California State Government Code Section 65852.2 requires that local jurisdictions allow Accessory Dwelling Units (ADUs) by-right.
Section 65852.2(d)(2) prohibits the City from denying an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. The City is required to approve an application to convert unpermitted structures into an ADU where the resulting structure does not pose a threat to the public health and safety.
Unpermitted ADUs constructed prior to January 1, 2018, cannot be denied a permit provided the existing zoning violations do not present a threat to public health and safety. [Government Code Section 65852.23.]
The Department is responsible for deciding what poses a threat to public health and safety.
An existing accessory structure, whether permitted or unpermitted but existing prior to January 1, 2018, can be fully or partially demolished and a new ADU can be constructed in the same location and to the same dimensions as the existing structure; and is allowed to maintain the existing non-conforming setbacks.
This information Bulletin is intended to provide information on conversion of structures such as garages, utility rooms, storage rooms, recreation rooms, hobby shops, accessory living quarters, etc. to ADUs. It applies to permitted structures and to unpermitted structures existing prior to January 1, 2018.
I. GENERAL BUILDING CODE REQUIREMENTS
The following prescriptive requirements apply to one story structures. Any deviation from these prescriptive provisions or structures more than one story shall meet the requirements of the 2022 California Residential Code (CRC) and the California Building Code (CBC) as amended by the City of Los Angeles.
Note that each property may be subject to site-specific conditions and additional requirements may apply.
FOUNDATION
  1. Exterior walls and interior bearing walls shall be supported on continuous footings.
  2. Depth of footings below the natural and finished grades shall not be less than 12 inches, including footings underneath an infilled garage door opening or match existing footing depth if deeper than 12 inches. If any portion of the structure has an existing slab without any footing or is less than 12-inch in depth, the foundation shall be underpinned to a minimum of 12-inch in width and 12-inch in depth or match existing footing depth if deeper than 12 inches.
  3. Minimum concrete strength for new or underpinned footings shall be 2,500 psi.
  4. Existing footings are allowed to remain. New footings shall be reinforced with four½-inch diameter deformed reinforcing bars (two bars at top of footing, two bars at bottom of footing).
  5. An approved epoxy slab coating shall be applied on top of the slab if it does not have the required moisture barrier membrane. New concrete floor slabs on grade shall be placed on a 4-inch fill of coarse aggregate or on a 2-inch sand bed covered with a minimum 10 mil moisture barrier membrane.
  6. Existing slabs are allowed to remain. New concrete floor slabs shall be at least 3-½ inches thick and shall be reinforced with ½-inch diameter deformed reinforcing bars. Reinforcing bars shall be spaced at maximum 16 inches on center.
  7. Existing anchor bolts are allowed to remain. New anchor bolts shall be a minimum of ½-inch diameter x 10” long with 7” embedment spaced at a maximum 6 feet on center. Post-installed anchor bolts shall have an approved evaluation report and shall require special inspection by a deputy inspector.
  8. Existing sills and sleepers are allowed to remain. New sills and sleepers on a concrete slab which is in direct contact with the ground shall be preservative- treated wood in accordance with American Wood Protection Agency (AWPA) U1.
  9. Concrete foundation walls shall extend a minimum of 6 inches above the finished grade adjacent to the foundation.
  10. New exterior plaster (stucco) walls shall be provided with a corrosion resistant weep screed.
  11. Existing buildings located in a Methane Buffer Zone or a Methane Zone shall not be required to comply with LABC Chapter 71 Methane Mitigation, provided the existing slab remains undisturbed.
FRAMING
  1. Existing wall framing may remain unless there is an increase in load of over 400 pounds (i.e. mechanical equipment). If there are no ceiling joists, ceiling joists shall be required to accommodate additional loads (i.e. ceiling drywall, lighting, and mechanical equipment). New framing or altered framing shall comply with current LARC regulations.
  2. The infill walls of existing openings such as a garage door opening shall be 2×4 studs at a maximum 16 inches on center. Existing garage door headers are permitted to remain.
  3. Headers for new openings in existing walls shall comply with current LARC regulations.
  4. Bracing for new openings in existing walls shall comply with the following requirements. Walls with new openings shall provide a minimum total length of 10 feet of Wood Structural Panel (WSP) braced wall panels and shall meet End Condition A or B below. WSP braced wall panels shall be a minimum of 4 feet in length and shall have 15/32-inch minimum thickness with 8d common nails at 6 inch spacing along panel edges, 12 inch spacing at intermediate supports, and 3/8-inch distance to panel edge. ½-inch minimum thickness gypsum wall board shall be installed on the side of the wall opposite the bracing material.
END CONDITION A
END CONDITION B
Return panel: 24” (does not count as bracing)
Distance D: 24”
MEANS OF EGRESS AND EMERGENCY ESCAPE
  1. The egress (main entry) door shall be side-hinged and shall be a minimum of 3 feet in width and 6 feet 8 inches in height. All interior doors through which occupants pass shall have a minimum width of 32 inches.
  2. Emergency escape openings shall be provided from every sleeping room and shall open directly to a yard or public way. Emergency escape openings shall have a minimum clear height of 24 inches, a minimum clear width of 20 inches, and a minimum openable area of 5 square feet. The bottom of the emergency escape opening shall not be greater than 44 inches above the finished floor.
FIRE PROTECTION AND FIRE-RESISTANCE RATED CONSTRUCTION
  1. Automatic fire sprinklers are required only if the main dwelling is required to be fully sprinklered. Automatic fire sprinkler system shall not be required for the ADU conversion when the existing house does not have an automatic residential fire sprinkler system.
  2. Exterior walls less than 5 feet from the property line of a non-sprinklered ADU conversion or less than 3 feet from the property line of a sprinklered ADU conversion shall be 1-hour fire-resistance rated construction. The 1-hour fire- resistance wall can be achieved by installing 5/8” type X gypsum board on the entire interior side of the wall up to the roof line.
  3. No openings shall be permitted in the exterior walls of a non-sprinklered ADU conversion where the exterior wall is less than 3 feet to the property line. The area of exterior wall openings of a non-sprinklered ADU conversion located between 3 feet and 5 feet of the property line shall be limited to 25% of the wall area.
  4. Carbon monoxide alarms shall be installed where the unit contains fuel burning appliance and shall be provided immediately outside of each separate sleeping area.
  5. Smoke alarms shall be provided in each sleeping room and immediately outside of each separate sleeping area. Smoke alarms or smoke detectors shall be installed a minimum of 20 feet horizontal distance from a permanently installed cooking appliance.

Exception:
Ionization smoke alarms with an alarm- silencing switch or photoelectric smoke alarms shall be permitted to be installed 10 feet or greater from a permanently installed cooking appliance.
Photoelectric smoke alarms shall be permitted to be installed greater than 6 feet from a permanently installed cooking appliance where the kitchen or cooking area and adjacent spaces have no clear interior partitions and the 10 foot distances would prohibit the placement of a smoke alarm or smoke detector required by other sections of the code. Smoke alarms listed for use in close proximity to a permanently installed cooking appliance
INTERIOR ENVIRONMENT
  1. Habitable room shall have a floor area of not less than 70 square feet and shall not be less than 7 feet in any horizontal dimension. A minimum ceiling height of 7 feet shall be provided throughout.
  2. The ADU shall provide permanent provisions for cooking, at a minimum: kitchen sink, cooktop, and refrigerator, each with 30 inches minimum clear space in front.
  3. Habitable rooms shall have natural ventilation through an opening of not less than 4 percent of the room’s floor area, unless a whole-house mechanical ventilation system is installed.
  4. Habitable rooms shall have natural lighting through an aggregate glazing (window) area of not less than 8 percent of the room’s floor area, unless an artificial lighting is installed to produce an average illumination of 6 foot-candles at a height of 30 inches above the floor in conjunction with a whole-house mechanical ventilation system.
  5. The unit shall provide heating facilities capable of maintaining a room temperature of not less than 68oF at a point 3 feet above the floor and 2 feet from exterior walls. Portable space heaters shall not be used to achieve compliance with this section. [The CF1R Residential Certificate of Compliance will dictate what means of heating will be provided.]
  6. The unit shall provide a separate bathroom containing a toilet, sink, and bathtub or shower. Bathrooms shall provide mechanical exhaust fans with a minimum intermittent ventilation rate of 50 cubic feet per minute. The center line of any toilet shall be located a minimum 15” from any side wall or obstruction, and a minimum 24” clear space in front of the toilet shall be provided.
  7. Attics shall provide a minimum cross ventilation of 1/150 of the area of the vented space. An attic access opening shall be provided with minimum dimensions of 22 inches by 30 inches and a minimum headroom clearance of 30 inches. The attic access opening shall be located in a hallway or other readily accessible location.
ENERGY / GREEN BUILDING / PLUMBING / ELECTRICAL CODES
  1. The ADU shall comply with California Building Energy Efficiency Standards (Title 24). The CF1R Residential Certificate of Compliance shall be attached to the plans. If the CF1R requires Home Energy Rating System (HERS) field verification, the CF1R shall be registered with a certified HERS provider.
  2. The ADU shall comply with applicable Los Angeles Green Building Code requirements. At a minimum, Green Building Code Forms GRN 1, GRN 11, GRN 14, and GRN 16 shall be attached to the plans.
  3. Detached ADUs are not required to have independent service utility (drainage) connections provided the existing service utility complies with the current plumbing code.
  4. The ADU shall have a separate water shut off valve, accessible in the unit.
  5. The ADU shall require a separate electrical panel.
II. SETBACKS
Existing permitted structures and unpermitted structures existing prior to January 1, 2018, can maintain their existing non-conforming setbacks provided the existing reduced setbacks do not present a threat to public health and safety.
III. PLAN CHECK REQUIREMENTS
PLAN REQUIREMENTS
Document submittal requirements are listed in Information Bulletin P/GI 2020-008.
RECORDS RESEARCH
If the existing building has previously been permitted, a copy of the building’s Certificate of Occupancy and previous building permits shall be provided at the plan check stage to verify the permitted use of the structure.
ACCEPTABLE EVIDENCE FOR ESTABLISHING THE CONSTRUCTION DATE OF UNPERMITTED ACCESSORY STRUCTURES
Documentation establishing that the unpermitted structure was built prior to January 1, 2018 shall include at least one of the following:
  1. Code Enforcement case documentation (i.e. Orders to Comply) .
  2. Rent Stabilization Ordinance (RSO) Rent Registration Certificate.
  3. Contractor’s bills and/or building material receipts.
  4. Utility bills pertaining to the unpermitted construction.
  5. A signed and dated lease agreement.
  6. Other third–party created documents acceptable to the Department.
IV. TYPICAL CLEARANCES
LOS ANGELES DEPARTMENT OF WATER AND POWER (LADWP)
Approval will be required if the existing structure is located in a Public Utility Easement or within 10’ of a Public Utility Easement. Additional information may be found at the following link: LADWP Encroachment Process.
LOS ANGELES DEPARTMENT OF PUBLIC WORKS, BUREAU OF ENGINEERING (BOE)
Approval is required from BOE for all ADUs to asses sewer capacity and availability (i.e. “sewer availability” clearance). Additionally, permit applications for unpermitted dwelling units or projects that alter the site’s existing drainage pattern require roof drainage clearance.
LOS ANGELES FIRE DEPARTMENT (LAFD)
Approval is required if any attached/detached ADU is more than 150 feet from the edge of the roadway or if any detached ADU is located in a designated Very High Fire Hazard Severity Zone (VHFHSZ).
V. INSPECTION REQUIREMENTS
The Department of Building and Safety, at the discretion of the field inspector, may require existing covered or concealed work to be exposed for examination during the inspection phase to verify appropriate installation.
VI. CERTIFICATE OF OCCUPANCY
Once all inspection requirements have been met and the permit has been finalized; and all required clearances from other city departments are obtained, a certificate of occupancy will be issued.

Vacant Building Abatement (VBA) / Public Nuisance / Demolition / Building Inspections / Expedited Process

CF 23-0248

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to shortening the timeline for securing, and, where required, declaring an abandoned building a public nuisance for the purpose of its demolition; and, related matters.

Recommendation for Council action, pursuant to Motion (Raman – Krekorian):

INSTRUCT the Los Angeles Department of Building and Safety, with the assistance of the City Attorney’s Office, the Department of City Planning, and any other relevant departments, as needed, to report back within 30 days with recommendations to shorten the timeline for securing, and, where required, declaring an abandoned building a public nuisance for the purpose of its demolition. The report should include a description of staffing increases necessary to conduct building inspections more efficiently and resolve cases more expeditiously, in addition to an identification of phases of the public nuisance determination process that may be expedited or streamlined.

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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Council and Committee Referral- Friday, March 24, 2023

 

21-0890-S4 Feasibility of prioritizing EV charging rebate applications for multifamily
To Energy and Environment Committee
Motion (Krekorian – Yaroslavsky) relative to requesting the Department of Water and Power to report on the feasibility of prioritizing EV charging rebate applications for multifamily dwelling units that are located in disadvantaged communities or in buildings with more than 20 percent affordable housing units.

 

Launch of Housing Element Rezoning Website

Dear Stakeholder,

Following State certification of the 2021-2029 Housing Element last year, LA City Planning has been working to develop and implement the ambitious programs identified in the Plan to House LA. A few weeks ago we announced the launch of a new Housing Element Rezoning work program with a series of interactive webinars scheduled for next week.

Today we are announcing the new online home for this work, the Housing Element Rezoning website. The website is the information hub for the Citywide Program Strategies, featuring an Interactive Concept Explorer and Survey that details the different Program Strategies and provides an interactive platform for feedback and dialog about the program. You can also find recent news, upcoming eventshousing resources, and learn how to stay in touch.

The Housing Element Rezoning work program, as approved by the State of California Department of Housing and Community Development (HCD), will explore six core program strategies including expanding the Adaptive Reuse program citywide, updating the Affordable Housing Incentive Programs, incentivizing housing on Opportunity Corridors, creating Affordable Housing opportunities through the Affordable Housing Overlay, facilitating Missing Middle housing, and enhancing Process Streamlining.

We are seeking your feedback on the development of six of the strategies implementing the Housing Element rezoning program framework. Next week, we will host three interactive webinars to share more about the initial concepts and strategies for the program and to collect input. Please click the date and time below to register. Note that the content of all three webinars is the same.

Tuesday, March 28th, 2023 at 5:30 p.m. – 6:30 p.m.

Wednesday, March 29th, 2023 at 5:30 p.m. – 6:30 p.m. (Spanish)

Thursday, March 30th, 2023 at 11:30 a.m. – 12:30 p.m.

Stay tuned for more updates!

Upon request, Los Angeles City Planning can facilitate having sign language interpreters and translation between English and other languages available to the public. All requests must be made at least three working days or 72 hours in advance of the event or meeting date. To request accommodations or translation services, or for other questions, please email housingelement@lacity.org

Ground Mounted Solar / Permitting and Approval / LA100 Decarbonization and Renewable Energy / Los Angeles Municipal Code (LAMC) Section 12.24.U.7

CF 23-0141

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a report with an evaluation of recommendations to streamline and improve the ground mounted solar permitting and approval process found under Los Angeles Municipal Code (LAMC) 12.24.U.7 (Conditional Use Permits), in consideration of the Council Directed LA100 decarbonization and renewable energy objectives; an analysis of the California Solar Rights Act and subsequent legislation that has improved it; and, related matters.

Recommendations for Council action, as initiated by Motion (Blumenfield – Krekorian – Park – Yaroslavsky):​

DIRECT the Department of City Planning (DCP) and the Los Angeles Department of Building and Safety (LADBS), in consultation with the Los Angeles Department of Water and Power (LADWP), and the City Attorney, to prepare a report with an evaluation of recommendations to streamline and improve the ground mounted solar permitting and approval process found under LAMC 12.24.U.7 (Conditional Use Permits), in consideration of the Council Directed LA100 decarbonization and renewable energy objectives; and that this report include recommendations for an administrative process usable for the majority of structures solely supporting solar energy systems not otherwise permitted, and where appropriate require the conditional use permit process in order to protect all housing development, especially affordable and low income housing, trees and native plants, limit reductions in open space, while protecting wildlife corridors and hillside communities.

DIRECT the DCP and the LADBS, with the assistance of the LADWP, to include within the reports, an analysis of the California Solar Rights Act and subsequent legislation that has improved it.

REQUEST the LADWP to include in the report, history and background on the California Solar Rights Act, focusing on current and future solar incentives such as Net Energy Metering and the impacts on utility rates for low-income communities as access to solar energy increases throughout Los Angeles; this report should include recommendations that mitigate and provide options to absorb rate increases and costs related to solar energy systems.

REQUEST the LADWP to include in the report whether increasing access to solar energy will increase utility bills in the future; and programs that the LADWP can develop/implement to mitigate this impact; and/or State/Federal grants that can absorb any increases in costs.

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: Westside Neighborhood Council

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Updated Guidance on the Implementation of the Housing Crisis Act of 2019

DCP website: Housing Crisis Act

On February 15, the City updated its guidance on the implementation of the Housing Crisis Act of 2019 (HCA) in response to the passage of Senate Bill (SB) 8. The interdepartmental memorandum, Implementation of the Housing Crisis Act of 2019, provides supplemental guidance on housing development review policies and procedures.
The Housing Crisis Act of 2019 was enacted through Senate Bill (SB) 330 (2019), establishing a statewide temporary housing emergency in order to preserve existing affordable housing, enhance protections for occupants, and increase certainty during the development review process. Following two years of implementing the HCA in the City of Los Angeles, the first major legislative clarification of the HCA went into effect this year under SB 8.
For information on HCA implementation within City Planning processes, contact Planning.HCA@lacity.org. For answers to questions regarding HCA administration for housing development projects not associated with a City Planning application, contact the Los Angeles Department of Building and Safety Plan Check engineer assigned to the project in Plan Check, or email LADBS.AHS@lacity.org about projects not already in Plan Check.

AB 1532 – Office conversion projects

Read: AB 1532 

This bill would make an office conversion project, as defined, that meets certain requirements a use by right in all areas regardless of zoning. The bill would define “office conversion project” to mean the conversion of a building used for office purposes or a vacant office building into residential dwelling units. The bill would define “use by right” to mean that the city or county’s review of the office conversion may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of CEQA, as specified. By requiring the approval of housing crisis projects as a use by right, the bill would expand the exemption for approval of ministerial projects under CEQA.

This bill would exempt an office conversion project from impact fees, as defined, that are not directly related to the conversion of an office building into residential dwelling units. The bill would allow the proponent of an office conversion project to pay applicable impact fees over a 10-year period, subject to specified requirements.

This bill would authorize a local government to adopt an ordinance to implement these provisions and specify the process and requirements applicable to office conversion projects, provided that the ordinance is consistent with, and does not inhibit the objectives of the bill.

EXECUTIVE DIRECTIVE NO. 3 – Bass – Subject: Emergency Use of Viable City-Owned Property

ISSUE DATE: FEBRUARY 10, 2023

Subject: Emergency Use of Viable City-Owned Property

INTRODUCTION

To aid in sheltering people who are unhoused in the City of Los Angeles, and by virtue of the authority vested in me as Mayor under the Charter Section 213(i) of the City of Los Angeles and the provisions of Section 8.29 of the Los Angeles Administrative Code, I hereby declare the following order to be necessary for the protection of life and property, and I hereby order, effective immediately, that:

1. Within 20 days of this order the City Administrative Officer’s (CAO) Asset Management and Development Services (AMDS) shall identify and deliver to the Mayor and the Chief of Housing and Homeless Solutions a list of all City-owned property within the control of any City department or bureau, including rights of way, that are vacant, surplus, or underutilized. For any parcel with significant limitation or restriction that might preclude it from being used for temporary or permanent housing with on-site supportive services, AMDS should include all covenants, easements, leases or other land use, revenue, or regulatory restrictions that apply to the identified parcel. I direct all City Departments to fully cooperate with AMDS and prioritize inquiries and requests from AMDS regarding this list for immediate response. This order does not apply to active recreational sites in the control of the Department of Recreation and Parks that are utilized for public recreation or land that is utilized as trails for public recreation.

2. The Chief of Housing and Homeless Solutions shall, upon receipt of such identifications, complete a formal assessment of each identified site to determine its suitability for housing or shelter for those experiencing homelessness. In making that assessment, the Chief of Housing and Homeless Solutions shall coordinate with CAO and all appropriate City departments, including General Services Department (GSD), the Department of Transportation (DOT), the Bureau of Engineering (BOE), and the Department of Building and Safety (DBS). Such assessment shall be completed and transmitted to the Mayor as soon as possible but, in any event, on or before the 30th day following receipt of the AMDS list referenced in paragraph 1 of this Executive Directive. Such assessment shall address each site’s viability for habitation, including a site layout, access to infrastructure (including water, power, and sewer access), contamination risks, liability risks, the distance between each site and other residential uses, and the time and resources needed to prepare the site for habitation.

3. Within 30 days of receipt of the formal assessment of sites to be used for temporary or permanent housing with on-site supportive services to be occupied by persons experiencing homelessness, the Mayor’s Office shall make designations for appropriate sites to install or construct housing or shelter, giving preference to sites that are easily serviceable by utilities (including water, power, and sewer services) and that are near assets to aid in support of people experiencing homelessness. Any new structures constructed on sites so designated shall be non-congregate shelter. To the extent possible, units shall include individual bathrooms. All sites shall include other appropriate amenities. The Mayor’s Office, in conjunction with the CAO, shall specify the construction or contracting process for each site, including approvals for expediting the same, and may include additional exemptions from the requirements of the Los Angeles Municipal Code (LAMC).

4. City departments, bureaus, and agencies shall have the authority to install temporary or permanent housing with on-site supportive services on such designated sites, all in accordance with the designations made by the Mayor’s Office.

5. The construction, emergency installation, use, and operation of temporary or permanent housing on such designated sites shall be and hereby are deemed exempt for the duration of this order from discretionary review processes otherwise required by either the zoning provisions of Chapter I of the LAMC or Project Review as described in LAMC Section 16.05 and LAMC Section 13B.2.4; or other ordinance; provided, however, that any temporary or permanent housing shall comply with applicable state law including Government Code Section 8698, et seq., to the extent those sections apply.

6. Temporary or permanent housing on such designated sites shall also be exempt from LAMC Section 64.72 (Public Works and Property) except to the extent required by state law as applicable to either charter or general law cities. The Director of Sanitation shall respond to all Sewer Capacity Availability Requests (SCAR) and complete the department’s reviews under LAMC Section 64.15 within seven business days of being submitted to the Bureau of Sanitation.

7. Construction activities related to temporary or permanent housing on such designated sites shall be exempt from LAMC Section 41.40 (Public Welfare) in order to expedite construction and installation of housing, all in accordance with the designations made by the Mayor’s Office.

8. All site plan reviews and approvals pursuant to LAMC Section 16.05 are hereby waived for all eligible temporary or permanent housing with on-site supportive services constructed or installed on such designated sites as specified in the Mayoral designations noted in paragraph 3 above. All minimum parking requirements are hereby waived for all eligible temporary or permanent housing with on-site supportive services constructed or installed on such designated City sites, all in accordance with the designations made by the Mayor’s Office.

9. I hereby direct that all protocols set by the Los Angeles County Coordinated Entry System be expanded, changed, or eliminated, as allowed by federal law, pursuant to guidelines to be issued by the Mayor, for temporary or permanent housing with on-site supportive services constructed or installed on such designated City sites.

10. All City departments and bureaus with permitting requirements, including the DBS, the BOE, the Fire Department, City Planning, DOT and the Department of Water and Power (DWP), shall prioritize and streamline their review of any permits relating to the construction, emergency installation, use, and operation of temporary or permanent housing on such designated City sites by conducting concurrent, rather than consecutive, reviews of such permit applications and completing those reviews within 30 days of application.

11. GSD shall establish guidelines for when a City department or bureau should consider a property vacant or underutilized, similar to the processes for declaring properties surplus, and they shall develop a process by which each City department and bureau shall regularly identify for the CAO and GSD, any properties that it deems to be vacant or underutilized.

12. The DWP, the Los Angeles World Airports, and the Los Angeles Harbor Department shall establish guidelines for identifying vacant, surplus, or underutilized property on a forward-going basis, and shall develop a process by which each of those departments shall regularly notify the Mayor and CAO of vacant, surplus, or underutilized properties.

13. The Mayor will request that other jurisdictions that control real property in the City consider adopting policies similar to those outlined in this order to make property available for temporary or permanent housing with on-site supportive services. Such jurisdictions include Los Angeles County, LA Metro, Los Angeles Unified School District (LAUSD), the California Department of Transportation (CalTrans), and other departments or agencies of the State of California.

Short Term Rental (STR) Study / McGill University / Regulatory Compliance / Multiple Listings / Home Sharing Program Ordinance

CF 22-1506     UPDATE  

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to reporting on the results and accuracy of the Short-Term Rental (STR) study from McGill University, provide a status report on the Home-Sharing program in Los Angeles, and a specific action plan to cure any problems that are confirmed or revealed.

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

INSTRUCT the Los Angeles Housing Department, Los Angeles Department of Building and Safety, and the Department of City Planning to report within 60 days on the results and accuracy of the STR study from McGill University, provide a status report on the Home-Sharing program in Los Angeles, and a specific action plan to cure any problems that are confirmed or revealed.

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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IMPLEMENTATION OF 2022 STATE DENSITY BONUS LAWS – AB 2334, AB 1551, AB 682

Read: January 31, 2023 Memo

On September 28, 2022, the Governor signed Assembly Bills (AB) 2334, 1551, and 682, three bills that make various amendments and clarifications to State Density Bonus Law, Government Code (GC) Section 65915. State Density Bonus Law is implemented through the City’s Density Bonus Ordinance, primarily Los Angeles Municipal Code (LAMC) Section 12.22 A.25, as amended.

This memo describes the changes, clarifications, and additions to State Density Bonus Law, and will serve as interim guidance for staff and project applicants on the implementation of AB 2334, 1551, and 682 until the time the LAMC is updated to include these provisions, or this memo is otherwise superseded. Staff and interested parties are encouraged to refer to state law in Government Code Section 65915 for additional information, as the memo is not exhaustive. Further, this memorandum provides a summary of pertinent sections for reference purposes only and is not intended to conflict with State Law.

Implementation of State Law SB 897 & AB 2221 Regarding ADUs and JADUs

Read:  ZA Memorandum No. 142 

The California Legislature adopted Senate Bill (SB) 897 and Assembly Bill (AB) 2221, both concerning accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs). These bills take effect on January 1, 2023, and amend Government Code Sections (GCS) 65852.2, 65852.22, and 65852.23, and Health and Safety Code Section 17980.12.

The purpose of this Zoning Administrator’s Memorandum (ZA Memo) is to provide a summary of pertinent sections and amendments in these state laws and corresponding implementation in the City of Los Angeles. This summary is for reference and discussion purposes only and is not intended to conflict with state law. It reflects most, but does not cover all circumstances and may be subject to additional information, interpretation and consideration.

This ZA Memo clarifies the application of the City’s Accessory Dwelling Unit (ADU) Ordinance, Los Angeles Municipal Code (LAMC) 12.22 A.33, to meet the requirements of the state ADU laws taking effect on January 1, 2023. Furthermore, this memo supersedes any portion of previously issued ZA Memo 134 “Implementation of 2019 Accessory Dwelling Unit (ADU) Ordinance and State ADU Law” which are in conflict and therefore superseded by state law.

DCP IMPLEMENTATION OF AB 2097 (2022)

Read: DCP IMPLEMENTATION OF AB 2097 (2022), December 29, 2022 

Read: AB 2097

Read: DCP Implementation of AB 2011 (2022) and SB 6 (2022)

Read:  Los Angeles Times Article, September 23, 2022 

DCP, State Housing Update

On September 22, 2022, the Governor signed Assembly Bill (AB) 2097, which added Government Code Section (§) 65863.2. AB 2097 prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or another development project that is within one-half mile of a Major Transit Stop, with minor exceptions detailed below. A development project, for purposes of this bill, includes any project requiring a discretionary entitlement or building permit to allow the construction, reconstruction, alteration, addition, or change of use of a structure or land.

In Los Angeles, City Planning is responsible for overseeing the implementation of AB 2097, in accordance with State law. Consult DCP webpage for eligibility requirements or email City Planning at planning.ab2097@lacity.org with general questions on project eligibility and review.

This memo will serve as guidance for staff and project applicants on the implementation of AB 2097 for discretionary and ministerial projects until the time this memo is superseded. Staff and interested parties are encouraged to refer to state law in Government Code §65863.2 for additional information as this memo is not exhaustive.

Key Provisions

Eligibility:  To assess whether a parcel is eligible to qualify under AB 2097, consult the Department’s Zone Information and Map Access System (ZIMAS), a web-based mapping tool that provides zoning information for parcels in Los Angeles. Enter the address in the pop-up window, click the “Planning and Zoning” menu on the left side of the screen, and then scroll down to the “AB 2097 Eligibility” field.

Projects located within a half-mile of a major transit stop are generally eligible for the automobile parking reduction provided by AB 2097. This includes residential, commercial, and industrial projects, but does not include hotels, motels, bed and breakfast inns, or other transient lodgings. The State does give local agencies the option to impose minimum parking requirements in limited instances, provided that one of the following three findings can be substantiated in the affirmative to necessitate minimum parking requirements:

  • The project furthers the City’s ability to meet its share of the Regional Housing Needs Assessment (RHNA) for low and very low-income households,
  • The project directly supports the City’s ability to meet any special housing needs for the elderly or persons with disabilities; or,
  • The project is located within one-half mile of existing residential or commercial parking.

Note: These findings must demonstrate that the project would have a substantially negative impact, should the City not impose or enforce minimum parking requirements.

The State law offers a 30-day timeline to formally invoke such findings. However, these findings may not be made for projects that meet the following criteria:

  • Projects that reserve 20% or more of the total dwelling units for very low, low, or moderate-income households, students, the elderly, or persons with disabilities,
  • Projects that contain fewer than 20 dwelling units; or,
  • Projects that are subject to other parking reductions of any other applicable law (by satisfying the applicable eligibility requirements).

 

100 Percent Deed-Restricted Affordable Housing Projects / Expedited Approval Process / Strategic Plan

CF 21-0658    AT CITY COUNCIL 12/07/2022 

PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE and BUDGET AND FINANCE COMMITTEE REPORTS relative to a strategic plan to streamline 100 percent deed-restricted affordable housing projects in the City, and recommended departmental resources to improve affordable housing development processes and procedures.

A. PLUM COMMITTEE REPORT

Recommendations for Council action:

1. INSTRUCT the Department of City Planning (DCP) to:

a. Create an administrative ministerial planning review process for majority deed-restricted affordable housing projects through an Affordable Housing Overlay (as described in Council file No. 19-0416), which would remove Site Plan Review thresholds for projects which meet objective standards, resulting in significantly reduced processing timelines.

b. Pursue potential outside funding sources such as Regional Early Action Program 2.0 to fund opportunities across City agencies to accelerate housing production. Council approval will be necessary for grant acceptance.

c. Continue to report to the Council on the backlog and processing times for each process related to development, as well as any resource needs or ordinance changes needed to implement the changes.

2. INSTRUCT the Los Angeles Department of Building and Safety (LADBS) to:

a. Further facilitate the streamlining of 100 percent affordable housing by reducing assignment time by an additional 35 percent.

b. Prioritize appeals to the Board of Building and Safety Commissioners on 100 percent affordable housing projects.

3. INSTRUCT the Los Angeles Fire Department (LAFD) to improve software for project intake, processing, reporting, and tracking.

4. INSTRUCT the Bureau of Engineering (BOE) to:

a. Continue to modify and/or replace existing online permit applications.

b. Enhance reporting capabilities, as a part of the BuildLA project, and continue to revise forms and reports to better provide information on BOE requirements earlier in the development process as part of the broader effort to improve processes and procedures.

5. INSTRUCT the City Administrative Officer (CAO) to prepare a report with recommendations and fiscal impact relative to the following 22 position authorities, as recommended in the August 11, 2022 DCP report, attached to the Council file:

a. Office of the CAO: Add funding for three position authorities to act as a liaison and project manager between all the City departments that provide development services for affordable housing development projects, as follows:

(1) Senior Project Coordinator

(1) Principal Project Coordinator

(1) Senior Management Analyst II

b. ​​​​​​​DCP: Add funding and three position authorities in Fiscal Year 2022-23 to expedite department hiring, as follows:

​​​​
(1) Senior Management Analyst

(1) Management Analyst

(1) Senior Administrative Clerk
​​​​​​​

c. Los Angeles Housing Department (LAHD): Authorize and increase staffing resources by a total of ten positions. Eight positions would be funded by Land Use fees and two positions would be funded by the General Fund to reduce determination backlogs and expedite affordable developments, as follows:

​​​​​
The addition of one new Senior Management Analyst position, five Management Analyst positions, and two new Management Assistant positions for the Land Use Unit, funded by Land Use fees, to reduce processing times for replacement unit determinations and covenant recording.

The addition of one new Finance Development Officer and one new Management Analyst position for the Affordable Housing Managed Pipeline, funded by the General Fund, to facilitate an expedited underwriting and pre-development process.

​​​​​​​
d. LAFD: Authorize and increase staffing resources by two positions to increase case management capacity and plan review of affordable housing projects in order to provide dedicated staff to assist developers of affordable housing projects, as follows:

​​​​​
Increase staffing resources by one Fire Protection Engineering Associate II.

Increase staffing resources by one Management Analyst.

e. BOE: Authorize and increase staffing resources by four positions as part of the effort to streamline permits and approvals for 100 percent affordable housing, and the broader effort to improve processes and procedures. The BOE recommends the following:

​​​​
The addition of two Civil Engineering Associate positions, and one Administrative Clerk position for permit plan checking to facilitate shorter review times.

The addition of one Civil Engineering Associate position for case management services to assist in coordinating with developers.

​​​​​​
6. INSTRUCT the DCP, LADBS, LAFD, BOE, and CAO to report on the implementation deadline per City department to effectuate the above recommendations.
​​​​​​

B. BUDGET AND FINANCE COMMITTEE REPORT

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

​​​​​​​
1. APPROVE Recommendations 1, 2, 3, 4, and 6 from the PLUM Committee report dated August 16, 2022, attached to the Council file.

2. AUTHORIZE by resolution the following three positions in the Office of the CAO to act as liaison and project manager between City departments that provide development services for affordable housing development projects, subject to allocation by the Board of Civil Service Commissioners, for the period October 1, 2022 through June 30, 2023, and exemption in accordance with Charter Section 1001(d)(4) based on the positions being grant-funded for a term of no more than two years, which may be extended for one additional year, for a maximum exemption period of three years:

​​​​​​
1538-0, Senior Project Coordinator

9134-0, Principal Project Coordinator

9171-2, Senior Management Analyst ll

​​​​​​​
3. AUTHORIZE by resolution two Management Analysts, Classification Code 9184-0, in the LAHD to support the Land Use Unit and reduce processing times, subject to allocation by the Board of Civil Service Commissioners, for the period October 1, 2022 through June 30, 2023.

4. AUTHORIZE by resolution the following two positions in the LAFD to increase case management capacity and dedicated plan review of, and assistance for, affordable housing projects, subject to allocation by the Board of Civil Service Commissioners, for the period October 1, 2022 through June 30, 2023.

5. APPROVE the appropriation of $647,540 from State Homeless Housing, Assistance, and Prevention Program (HHAP) Grant Fund No. 62Y/10, Account No. 10S656, FC-7-Administrative Costs to the CAO, Fund No. 100/10, Account No. 001010, Salaries General ($312,158) and the CAO, Fund No. 100/10, Revenue Source Code No. 5361, Related Cost Reimbursement Other ($335,382) for the three positions as recommended above.

6. AUTHORIZE the CAO, LAHD General Manager, LAFD Fire Chief, or designees, to prepare Controller instructions or any necessary technical adjustments, subject to the approval of the CAO, and request the Controller to implement the instructions.

7. DIRECT the LADBS to expand Inspection Case Management services to 100% affordable housing projects regardless of project valuation.

8. INSTRUCT the Los Angeles Department of Water and Power (LADWP), with assistance from the DCP and LADBS, to report back within 30 days with recommendations to streamline approval and permitting processes for 100% deed-restricted affordable housing projects, specifically considering ways to partner with City departments to ensure developers are aware of LADWP requirements early on in the development process, expediting availability-of-service analysis and load plan approvals, programs to offset the cost of unanticipated infrastructure upgrades, and any other proposals that will shorten the development process for affordable housing in the City of Los Angeles.

9. AUTHORIZE by resolution one Senior Management Analyst Classification Code 9171-1, five Management Analysts Classification Code 9184-0, and two Management Assistants 1539-0 in LAHD to support the Land Use Unite and reduce processing times, subject to allocation by the Board of Civil Service Commissioners, for the period October 1, 2022 through June 30, 2023.
​​​​​​​
10. AUTHORIZE by resolution one City Planner Classification Code 7944-0 and one Senior Administrative Clerk in DCP to support Priority Housing Processing and reduce processing times, subject to allocation by the Board of Civil Service Commissioners, for the period October 1, 2022 through June 30, 2023.

Fiscal Impact Statement: The CAO reports that there is no anticipated impact to the General Fund from the recommendations in the CAO report. Funding for the CAO-recommended positions is to be provided through HHAP grants, the Municipal Housing Finance Fund No. 815, and fee-related reimbursement to the General Fund. The cost for the seven positions recommended in this report is $1,107,168 for nine months and consists of $597,069 in Direct Costs and $510,099 in Indirect Costs. In addition to the HHAP grant funds, departments will absorb salary costs within existing budgeted funds. Any additional funding required may be requested and addressed in a future Financial Status Report.

Financial Policies Statement: The CAO reports that the recommendations in this report comply with the City’s Financial Policies.

Community Impact Statement: Yes

For:  North Westwood Neighborhood Council

For if Amended:  Westside Neighborhood Council

(Personnel, Audits, and Animal Welfare Committee waived consideration of the above matter)


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

  • 12/02/2022 City Clerk scheduled item for committee meeting on December 7, 2022.  Report from Budget and Finance Committee 11/14/2022, Report from Planning and Land Use Management Committee 08/16/2022
  • 11/14/2022 Budget and Finance Committee approved as amended .  Report from Department of City Planning 10/27/2022, Report from City Administrative Officer 09/28/2022,
  • 11/10/2022 Budget and Finance Committee scheduled item for committee meeting on November 14, 2022.  Report from Department of City Planning 10/27/2022, Report from City Administrative Officer 09/28/2022, Report from Department of City Planning 08/11/2022, Report from Department of City Planning 04/27/2022
  • 11/09/2022 Planning and Land Use Management Committee waived consideration of item of the 9/28/22 City Administrative Officer Report and 10/27/22 Department of City Planning Report.
  • 11/07/2022 Personnel, Audits, and Animal Welfare Committee waived consideration of item
  • 10/31/2022 Department of City Planning document(s) referred to Budget and Finance Committee; Personnel, Audits, and Animal Welfare Committee; Planning and Land Use Management Committee.  Report from City Administrative Officer 09/28/2022
  • 10/27/2022 Document(s) submitted by Department of City Planning, as follows:  Report from City Administrative Officer 09/28/2022

Department of City Planning report, dated October 27, 2022, relative to a review process chart demonstrating the overall potential timeline reductions for staff reviews and appeals for 100 percent affordable housing projects.

  • 09/30/2022 City Administrative Officer document(s) referred to Budget and Finance Committee; Personnel, Audits, and Animal Welfare Committee; Planning and Land Use Management Committee.    Report from City Administrative Officer 09/28/2022
  • 09/28/2022 Document(s) submitted by City Administrative Officer, as follows:  Report from City Administrative Officer 09/28/2022

City Administrative Officer report 0220-06001-0000, dated September 28, 2022, relative to the fiscal impact of 22 position authorities recommended in the Department of City Planning August 11, 2022 report, to improve affordable housing development processes and procedures.

  • 09/01/2022 Corrected Referral per Council President to include Budget and Finance Committee. Report from Planning and Land Use Management Committee 08/16/2022, Report from Department of City Planning 08/11/2022, Report from Department of City Planning 04/27/2022.
  • 08/23/2022 Planning and Land Use Management Committee transmitted Council File to Personnel, Audits, and Animal Welfare Committee.  Report from Planning and Land Use Management Committee 08/16/2022
  • 08/16/2022 Planning and Land Use Management Committee approved as amended .  Report from Planning and Land Use Management Committee 08/16/2022, Report from Department of City Planning 08/11/2022, Report from Department of City Planning 04/27/2022.
  • 08/12/2022 Planning and Land Use Management Committee scheduled item for committee meeting on August 16, 2022.  Report from Department of City Planning 08/11/2022, Community Impact Statement submitted by Westside Neighborhood Council 05/13/2022, Report from Department of City Planning 04/27/2022, Community Impact Statement submitted by North Westwood Neighborhood Council 02/15/2022, Amending Motion (Ridley-Thomas – Raman) 10/05/2021, Amending Motion (de Leon – Raman) 10/05/2021, Community Impact Statement submitted by Mission Hills 09/28/2021, Community Impact Statement submitted by Mar Vista Community Council 09/23/2021, Community Impact Statement submitted by East Hollywood Neighborhood Council (EHNC) 09/21/2021, Report from Planning and Land Use Management Committee 09/21/2021, Community Impact Statement submitted by Wilshire Center-Koreatown 09/20/2021, Community Impact Statement submitted by Hollywood United Neighborhood Council 09/13/2021, Community Impact Statement submitted by Historic Highland Park Neighborhood Council 08/31/2021, Community Impact Statement submitted by Los Feliz Neighborhood Council,Los Feliz Neighborhood Council 08/21/2021, Community Impact Statement submitted by NoHo Neighborhood Council 08/19/2021, Community Impact Statement submitted by Mid City WEST Neighborhood Council 07/19/2021, Community Impact Statement submitted by Hermon 07/12/2021, Motion 06/15/2021
  • 08/12/2022 Department of City Planning document(s) referred to Personnel, Audits, and Animal Welfare Committee; Planning and Land Use Management Committee.  Report from Department of City Planning 08/11/2022
  • 08/11/2022 Document(s) submitted by Los Angeles City Planning Commission, as follows:  Report from Department of City Planning 08/11/2022

Department of City Planning report, dated August 11, 2022 relative to a strategic plan to streamline 100 percent deed-restricted affordable housing projects and to improve processes and procedures for the development process.

  • 05/13/2022 Community Impact Statement submitted by Westside Neighborhood Council. Refer to CF 21-0658 
  • 04/28/2022 Department of City Planning document(s) referred to Personnel, Audits, and Animal Welfare Committee; Planning and Land Use Management Committee. Report from Department of City Planning 04/27/2022
  • 04/27/2022 Document(s) submitted by Department of City Planning, as follows:

Department of City Planning report, dated April 27, 2022, relative to a strategic plan to streamline 100 percent of deed-restricted affordable housing projects and to improve processes and procedures for the development process.

  • 02/15/2022 Community Impact Statement submitted by North Westwood Neighborhood Council.  Refer to CF 21-0658 
  • 10/05/2021 Council adopted item, as amended, forthwith.  Amending Motion (Ridley-Thomas – Raman) 10/05/2021, Amending Motion (de Leon – Raman) 10/05/2021, Report from Planning and Land Use Management Committee 09/21/2021
  • 10/01/2021 City Clerk scheduled item for Council on October 5, 2021. Report from Planning and Land Use Management Committee 09/21/2021
  • 09/28/2021 Community Impact Statement submitted by Mission Hills.  Refer to CF 21-0658 
  • 09/23/2021 Community Impact Statement submitted by Mar Vista Community Council.  Refer to CF 21-0658 
  • 09/21/2021 Community Impact Statement submitted by East Hollywood Neighborhood Council (EHNC). Refer to CF 21-0658 
  • 09/21/2021 Planning and Land Use Management Committee approved as amended , to include the Bureau of Engineering and Los Angeles Fire Department in the instruction for a report to the Council.
  • 09/20/2021 Community Impact Statement submitted by Wilshire Center-Koreatown. Refer to CF 21-0658 
  • 09/17/2021 Planning and Land Use Management Committee scheduled item for committee meeting on September 21, 2021.  Motion 06/15/2021
  • 09/13/2021 Community Impact Statement submitted by Hollywood United Neighborhood Council.   Refer to CF 21-0658 
  • 08/31/2021 Community Impact Statement submitted by Historic Highland Park Neighborhood Council.  Refer to CF 21-0658 
  • 08/21/2021 Community Impact Statement submitted by Los Feliz Neighborhood Council,Los Feliz Neighborhood Council.  Refer to CF 21-0658 
  • 08/19/2021 Community Impact Statement submitted by NoHo Neighborhood Council.  Refer to CF 21-0658 
  • 07/19/2021 Community Impact Statement submitted by Mid City WEST Neighborhood Council.  Refer to CF 21-0658 
  • 07/12/2021 Community Impact Statement submitted by Hermon.  Refer to CF 21-0658 
  • 06/15/2021 Motion referred to Planning and Land Use Management Committee.  Motion 06/15/2021

 

State Housing Legislative Summary

Read:  SATT Additional Infomation  on 2023 New Regulations

Dear Stakeholders,

This email summarizes new housing-related State legislation signed into law by Governor Newsom that will take effect on January 1, 2023. Please note that this is not a comprehensive account of new State housing regulations, but a high-level summary of some of the major changes to planning and housing law, intended for use by business and neighborhood groups alike. For a detailed report, consult the California Legislative Information website.

Assembly Bill (AB) 2097 | Parking Requirements
Prohibits public agencies from imposing minimum automobile parking requirements on
any residential, commercial, or other project located within a half-mile of a major transit stop, unless certain findings are made with substantial evidence within 30 days of project filing.

Note: AB 2097’s definition of a development does not include projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except residential hotels like Single Room Occupancy (SRO) hotels.

Assembly Bill (AB) 2011 | Affordable Housing and High Road Jobs Act
Establishes a streamlined ministerial process for mixed income and 100% affordable housing in areas zoned for retail, office, and parking, provided that contractors meet certain labor standards.

Note: AB 2011 does not apply to many sites, including industrial properties, vacant lots in very high fire severity zones, environmentally sensitive sites, mobile home parks, and parcels located within 500 feet of a freeway or 3,200 feet of an oil refinery. This bill is operative on July 1, 2023 and sunsets on January 1, 2033.

Senate Bill (SB) 6 | Middle Class Housing Act
Establishes a process for housing projects to be built on land zoned for retail, office, and parking, similar to AB 2011 but with different labor standards.

Note: SB 6 does not include affordability requirements or the same streamlining benefits as AB 2011.

Assembly Bill (AB) 682 | Density Bonus: Shared Housing
Expands State Density Bonus Law to allow “shared housing” to qualify for certain incentives. When a shared housing project provides a certain percentage of affordable units, it qualifies for two Density Bonus incentives and does not need to meet minimum unit size requirements.

Note: AB 682 defines shared housing as residential or mixed-use structures with five or more shared housing units, each with its own bathroom and kitchenette facilities, and at least one common kitchen and dining area.

Assembly Bill (AB) 2234 | Post-Entitlement Phase Permits
Adds requirements for cities during the post-entitlement phase, including posting of online information, digital processing, and new timelines for non-discretionary permits to be deemed complete and appealed.

Assembly Bill (AB) 2334 | Density Bonus: Very Low Vehicle Travel Areas
Allows 100% affordable housing projects to receive added height and unlimited density if the project is located in an urbanized very low vehicle travel area, where at least 80% of the units are restricted to lower income and no more than 20% are for moderate income households.

Note: This bill defines “very low vehicle travel area” to mean an urbanized area, as defined by the Census Bureau, where the existing residential development generates vehicle miles traveled (VMT) per capita that is below 85% of either regional or city VMT per capita.

Other Bills

Assembly Bill 2295
Specifies affordable housing is an allowable use on all school-owned sites at certain densities

Senate Bill 679
Enables Los Angeles County to create the Affordable Housing Solutions Agency

Senate Bill 886
Exempts student and faculty housing built on California university campuses from CEQA

Assembly Bill 2221 / Senate Bill 897
Addresses height as well as more technical aspects of Accessory Dwelling Units

 

 

AB 2011 Affordable Housing and High Road Jobs Act of 2022.

Read: AB 2011 [ Approved by Governor  September 28, 2022. Filed with Secretary of State  September 28, 2022. ]

Enacts the “Affordable Housing and High Road Jobs Act of 2022” to create a ministerial, streamlined approval process for 100% affordable housing projects in commercial zones and for mixed-income housing projects along commercial corridors, as specified. The bill would also impose specified labor standards on those projects, including requirements that contractors pay prevailing wages, participate in apprenticeship programs, and make specified healthcare expenditures.

Senate Amendments
1) Delay implementation to July 1, 2023, and sunset this bill’s provisions on January 1, 2033.

2) Require HCD to conduct at least two studies of the outcomes of the bill by January 1, 2027 and January 1, 3031, respectively, that include the number of projects built, the number of units build, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage.

3) Add an option for developers of mixed-income rental housing to provide 8% of the units for very low-income households and 5% of the units for extremely low-income households.

4) Require developers to provide relocation assistance for displaced small businesses.

5) Require a specified environmental assessment and mitigation of any hazards identified.

6) Allow local governments to exempt parcels from the bill if the local government identifies alternative sites that can be developed by right pursuant to the by criteria of this bill, such that there is no overall loss in units, no loss in affordable units, and that the new sites affirmatively further fair housing.

7) Make certain changes to conform to recent or proposed amendments to SB 35’s (Umberg), Chapter 318, Statutes of 2021, ministerial process.

8) Specify that this bill cannot apply to the following:

a) Sites where a neighborhood plan does not permit housing, and defines neighborhood plans to include specific plans, areas plans, precise plans, master plans, and urban village plans;
b) Sites that include industrial uses or are identified in local general plans as being for industrial uses;
c) Vacant sites in a very high hazard severity zone; and
d) Housing within 500 feet of a freeway or 3,200 feet of an oil or gas extraction facility or refinery.

9) Require, for a vacant site, that it does not contain tribal cultural resources that could be affected by the development and that were found pursuant to a consultation, and that those effects cannot be mitigated, as specified.

10) Specify that the 65 foot height limit within one-half mile of a major transit stop only applies in cities of greater than 100,000 and outside the coastal zone.

11) Enable a local government to require up to half of the ground floor of the new development be utilized as retail, and preclude development from using the density bonus process to avoid any local requirement to provide retail.

12) Allow local governments to adopt an ordinance to implement the bill, the adoption of which would not be subject to the California Environmental Quality Act (CEQA).

13) Require local agencies to report, in their Annual Progress Report to the Department of Housing and Community Development (HCD), whether projects have utilized the provisions of this bill, and other pertinent information.

14) Allow HCD to enforce the provisions of this bill, including referring violations to the Attorney General.

AB 2295 Aallowing educational employee housing on land owned by school districts or county office of education

Read:  AB 2295

This bill would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan.

The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land. The bill would make these provisions effective on January 1, 2024, except that the bill would require the Department of Housing and Community Development to provide a specified notice to the planning agency of each county and city on or before January 31, 2023. The bill would repeal its provisions on January 1, 2033.