ORDINANCE NO. 17_3_9_9_2_

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1 I ,--.- ORDINANCE NO. 17_3_9_9_2_ An Ordinance amending Sections , 12.03, 12.04, 12.21, 12.22, 12.24, 12.32, 12.36, 14.00, and of the Los Angeles Municipal Code to make technical reference corrections. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Subdivision 8 of Subsection F of Section of the Los Angeles Municipal Code is amended to read: 8. Hearing by Council. Before acting on any appeal, or on any matter transferred to it because of a failure to act, the City Council or its Committee shall set the matter for hearing, giving the same notice as provided in Subdivision 1 of this subsection Sec. 2. The definition of Commercial Corner in Section of the Los Angeles Municipal Code is amended to read: Commercial Corner Development --A multi-family residential or commercially used C Zoned corner lot or lots, the lot line of which adjoins, is separated only by an alley, or is located across the street from any portion of a lot zoned RA orr or improved with a single-family residential use, unless that multi-family or commercial use is in an M Zone. Sec. 3. Subsection A of Section of the Los Angeles Municipal Code is amended to read: SEC ZONES-- DISTRICTS-- SYMBOLS. A. In order to regulate the use of property, as provided for in this article, the City is hereby divided into the following Zones: 1. OS Open Space Zone; 2. A 1 Agricultural Zone; 3. A2 Agricultural Zone; 4. RA Suburban Zone; 5. RE Residential Zone; 6. RS Suburban Zone; 7. R1 One-Family Zone; 8. RU Residential Urban Zone; 9. RZ Residential Zero Side Yard Zone; 10. RW1 One-Family Residential Waterways Zone; 11. R2 Two-Family Zone; 12. RD Restricted Density Multiple Dwelling Zone; 13. RMP Mobile Home Park Zone; 14. RW2 Two-Family Residential Waterways Zone; 15. R3 Multiple Dwelling Zone; 16. R4 Multiple Dwelling Zone; 17. R5 Multiple Dwelling Zone; 1

2 ;,, _, - " 18. P Automobile Parking Zone; 19. PB Parking Building Zone; 20. CR Limited Commercial Zone; 21. C1 Limited Commercial Zone; 22. C1.5 Limited Commercial Zone; 23. C2 Commercial Zone; 24. C4 Commercial Zone; 25. C5 Commercial Zone; 26. CM Commercial Manufacturing Zone; 27. MR1 Restricted Industrial Zone; 28. M1 Limited Industrial Zone; 29. MR2 Restricted Light Industrial Zone; 30. M2 Light Industrial Zone; 31. M3 Heavy Industrial Zone; 32. PF Public Facilities Zone; and 33. SL Ocean-Submerged Land Zone. The order of restrictiveness of these zones, the first being the most restrictive and last being the least restrictive, is as follows: OS, A1, A2, RA, RE, RS, R1, RU, RZ, RW1, R2, RD, RMP, RW2, R3, R4, R5, CR, C1, C1.5, C4, C2, C5, CM, MR1, M1, MR2, M2, M3 and PF. In addition there shall be the following Specific Plan Zones: 1. CCS Century City South Studio Zone; 2. CM(GM) Commercial Manufacturing (Giencoe/Maxella) Zone; 3. CW Central City West Specific Plan Zone; 4. WC Warner Center Specific Plan Zone; and 5. ADP Alameda District Specific Plan zone. Sec. 4. Subsection C of Section of the Los Angeles Municipal Code is amended to read: C. In order to regulate more adequately and restrict the height and floor area of buildings and structures, each lot shall include a height district designation. Height district designations shall be numbered from 1 to 4, CRA 1 to 4, EZ 1 to 4, and CSA 1 to 4 and shall regulate the height or floor area of buildings and structures as provided in Sections , , , and The height districts and the boundaries there of are shown on the "Zoning Map" by a combination of zone symbols and height district number markings, e.g., R2-1, C2-2, M1-3, C1-CRA1, M2-EZ2, C2- CSA3, etc. Where a lot is located in more than one height district, the applicable zone symbol designations shall be separated by a slash mark, e.g., R2-CRAICSA, C2- EZ1/CRA2, etc. The symbol "HD" preceding height district number markings, when shown on the "Zoning Map" or used in a zoning ordinance, is an abbreviation for the words "height district" and refers to height districts. The height districts for the "CW' Zone are the height districts shown in Section 6 of the Central City West Specific Plan. The height districts for the "ADP" Zone are height districts shown in Section 7 of the Alameda District Specific Plan. The height districts for the "WC" Zone are height districts shown in Section 7 of the Warner Center Specific Plan. Sec. 5. Subparagraph (5) of Paragraph (c) of Subdivision 4 of Subsection A of Section of the 2

3 ' ',. (5) Retail Stores, General: Retail establishments and discount wholesalers selling to the general public, shall provide at least four automobile parking spaces for each 1,000 square feet of gross floor area. Sec. 6. Paragraph (a) of Subdivision 23 of Subsection A of Section of the (a) Requirements. (1) Conditional Use Permit Compliance. If a Mini-Shopping Center or a Commercial Corner Development abuts or is separated only by an alley, or is located across the street from any portion of a lot zoned RA or R or improved with any single-family residential use (except in the M zones), and contains one or more of the new or changed uses enumerated below, then a conditional use approval pursuant to Section W 27 is required: (i) a use not otherwise subject to conditional use approval which operates between the hours of 11 p.m. and 7 a.m.; or / (ii) an amusement enterprise as enumerated in Section A 3 of this Code; or (iii) an automobile laundry or wash rack; or (iv) a multi-family residential use. Exception: The conditional use approval pursuant to Section W 27 is not required for either a duplex, or a multifamily residential use containing three or more dwelling units, the lot line of which abuts, or is separated only by.an alley, or is located across the street from any portion of a lot improved with a multifamily residential use containing three or more dwelling units. Sec. 7. Subsection M of Section of the Los Angeles Municipal Code is amended to read: M. Development of Uses. 1. Development of Site. On any lot or portion of a lot on which a deemedapproved conditional use is permitted pursuant to the provisions of this section, new buildings or structures may be erected, enlargements may be made to existing buildings, and existing uses may be extended on an approved site, as 3

4 ,..., ' permitted in Subsection L of this section, provided that plans are submitted to and approved by the Zoning Administrator, the Area Planning Commission, or the City Planning Commission, whichever has jurisdiction at the time. The Zoning Administrator, the Area Planning Commission, or the City Planning Commission may deny the plans if the Zoning Administrator or the Commission finds that the use does not conform to the purpose and intent of the findings required for a conditional use under this section, and may specify the conditions under which the plans may be approved. The Area Planning Commission and the City Planning Commission may delegate to the Director of Planning the authority to approve or disapprove, on their behalf, plans for the development of an approved or deemed-approved conditional use site. The Area Planning Commission and the City Planning Commission shall establish reasonable guidelines and policies to be followed in the exercise of the delegated authority. Exceptions: A plan approval shall not be required in the following instances: (a) For buildings within mobilehome parks located in the M2 Zone, which existed in that zone on September 3, 1961, provided that the entire approval site is retained for mobilehome park use and there is no increase in the number of mobilehome sites. (b) For temporary structures erected on the site of a place of worship in an A Zone, if: (1) the structures are erected and maintained not more than five days in any one year; (2) all structures, including temporary facilities, are located at least 40 feet from all exterior lot lines; (3) the required permits are obtained from the Fire Department, and all structures are removed from the premises the next day following the closing of the event; (4) no public address system in connection with the event is installed on the property unless it is modulated so as not to be disturbing to occupants of nearby dwelling units; and 4

5 (5) any lights used to illuminate the area are arranged to reflect the light away from any adjacent residentially used premises. 2. Appeal. An applicant submitting development plans or any other person aggrieved by the decision of the Zoning Administrator made relative to the approval or disapproval of a development plan may appeal the decision to the Area Planning Commission pursuant to this section and Section An applicant submitting development plans or any other person aggrieved by the decision of the Area Planning Commission or the City Planning Commission made relative to the approval or disapproval of a development plan may appeal the decision to the City Council pursuant to this section and Section Sec. 8. The first paragraph of Subsection U of Section of the Los Angeles Municipal Code is amended to read: U. Conditional Use Permits - City Planning Commission With Appeals to City Council. The following uses and activities may be permitted in any zone, unless restricted to certain zones or locations, if approved by the City Planning Commission as the initial decision-maker or the City Council as the appellate body. The procedures for reviewing applications for these uses shall be those in Subsections B through Q in addition to those set out below. Sec. 9. The first paragraph of Subsection V of Section of the Los Angeles Municipal Code is amended to read: V. Conditional Use Permits -Area Planning Commission With Appeals to the City Council. The following uses and activities may be permitted in any zone, unless restricted to certain zones or locations, if approved by the Area Planning Commission as the initial decision-maker or the City Council as the appellate body. The procedures for reviewing applications for these uses shall be those in Subsections B through Q in addition to those set out below. Sec. 10. Paragraph (f) of Subdivision 2 of Subsection V of Section of the (f) The provisions of this subdivision may not be used in combination with the provisions of Subsection W 15. However, they may be used in combination with the provisions of Section A 18. Sec. 11. The first paragraph of Subsection W of Section of the Los Angeles Municipal Code is amended to read: 5

6 W. Authority of the Zoning Administrator for Conditional Uses/Initial Decision. The following uses and activities may be permitted in any zone, unless restricted to certain zones or locations, if approved by the Zoning Administrator as the initial decision-maker or the Area Planning Commission as the appellate body. The procedures for reviewing applications for these uses shall be those in Subsections B through Q in addition to those set out below. Sec. 12. The first paragraph of Subdivision 27 of Subsection W of Section of the 27. Mini-Shopping Centers in the C, M1, M2 or M3 Zones and Commercial Corner Developments in any zone where the uses do not comply with the requirements and conditions enumerated in Section A 23 of this Code. Sec. 13. The first paragraph of Subsection X of Section of the Los Angeles Municipal Code is amended to read: X. Further Authority of the Zoning Administrator for Other Similar Quasi-Judicial Approvals. The following uses and activities may be permitted in any zone, unless restricted to certain zones or locations, if approved by the Zoning Administrator as the initial decision-maker or the Area Planning Commission as the appellate body. The Zoning Administrator shall find that approval of any use in this subsection is in conformity with the public necessity, convenience, general welfare and good zoning practice and that the action will be in substantial conformance with the various elements and objectives of the General Plan. Further these uses and activities are subject to the procedures, regulations and limitations set forth below. Sec. 14. Paragraph (c) of Subdivision 1 of Subsection X of Section of the (c) Procedures. An application for permission pursuant to this C 1, 2 and 3. The Zoning Administrator may waive the public hearing required in that section if the applicant submits with the application the written approval of owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. This approval must express that the owners have no objections to the Adaptive Reuse Project. If that approval is obtained from the surrounding property owners, the Chief Zoning Administrator may waive the public hearing if he or she makes the following findings: (1) that the Adaptive Reuse Project will not have a significant adverse effect on adjoining property or on the immediate neighborhood; and 6

7 (2) that the Adaptive Reuse Project is not likely to evoke public controversy. Sec. 15. Paragraph (b) of Subdivision 3 of Subsection X of Section of the (b) Procedures. An application for permission pursuant to this C 1, 2 and 3. The Zoning Administrator may waive the public hearing required in that section if the applicant submits with the application the written approval of owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. Sec. 16. Paragraph (b) of Subdivision 5 of Subsection X of Section of the (b) Procedures. An application for permission pursuant to this C 1, 2 and 3. However, notice of the pending application and of the hearing shall be given by mailing of notice at least five days prior to the date of the hearing to the owners of all property contiguous to the property involved in the application using for this purpose the last known name and address of those property owners as shown upon the records of the City Clerk or the records of the County Assessor. Provided, however, that if the owners of all the private property contiguous to the property involved in the application sign a waiver of having a public hearing, then no notice or hearing shall be required. Sec. 17. Paragraph (c) of Subdivision 6 of Subsection X of Section of the (c) Procedures. An application for permission pursuant to this C 1, 2 and 3. A hearing is not required if the applicant submits with its application the written approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property, and, in addition, the written approval of 60 percent of the owners of properties within a radius of 300 feet of the subject property. Sec. 18. Paragraph (b) of Subdivision 7 of Subsection X of Section of the 7

8 (b) Procedures. An application for permission pursuant to this C 1, 2 and 3. A public hearing may not be required if the applicant submits with the application the written approval of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. However, for requests for fences in the required front yard, (except for game court fences) only the written approval of the owners of properties abutting on the side or across the street from the subject property need be submitted. Sec. 19. Paragraph (b) of Subdivision 8 of Subsection X of Section of the (b) Procedures. An application for permission pursuant to this C 1, 2 and 3. A public hearing may not be required if the applicant submits with the application the written approval of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. However, for requests for fences in the required front yard, (except for game court fences) only the written approval of the owners of properties abutting on the side or across the street from the subject property need be submitted. Sec. 20. Paragraph (c) of Subdivision 9 of Subsection X of Section of the (c) Procedures. An application for permission pursuant to this C 1, 2 and 3. Sec. 21. Paragraph (c) of Subdivision 10 of Subsection X of Section of the (c) Procedures. An application for permission pursuant to this subdivision shall follow the procedures for slight modifications set forth in Section C 1, 2 and 3. Sec. 22. Paragraph (d) of Subdivision 10 of Subsection X of Section of the (d) Fees. Fees for these determinations shall be those provided pursuant to Section U of this Code when a public hearing is required and one-half the amount of that provided under Section U when the public hearing has been waived pursuant to Section C 2 (a). 8

9 ,;;'-. Sec. 23. Paragraph (e) of Subdivision 11 of Subsection X of Section of the (e) Procedures. An application for permission pursuant to this subdivision shall follow the procedures for slight modifications set forth in Section C 1, 2 and 3. Sec. 24. A new Subparagraph (3) is added to Paragraph (c) of Subdivision 13 of Subsection X of Section of the Los Angeles Municipal Code to read: (3) Waive the public hearing if the owners of all the properties abutting, across the street or alley from, or having a common corner with the building have expressed no objections to the quarters in writing. Sec. 25. Subdivision 15 of Subsection X of Section of the Los Angeles Municipal Code is amended to read: 15. Model Dwellings Within Council-Approved Redevelopment Areas. Prior or subsequent to the recordation of a final tract map, the Zoning Administrator may, upon application for a model dwelling, designate certain lots as sites for the construction of model dwellings, provided that the construction is occurring within the boundaries of a Council-approved Community Redevelopment Agency project area. In no case, however, shall more than 20 lots in a tract be designated as sites for the construction of models nor shall more than 15% of the lots in a tract or units and in no case shall more than 20 units in any proposed building be designated as model sites. The Zoning Administrator may also permit the operation of one sales office within any of the designated model dwellings on the proposed site. In designating certain proposed lots for use as sites for model dwellings or sales offices, the Zoning Administrator may impose any conditions specified in Sections A 10 and A 11 or any other conditions which are appropriate to the particular model dwelling sites or sales offices being considered. In those cases where the Community Redevelopment Agency is the applicant, there shall be no fee for the designation of a site for the construction of model dwellings; in all other cases the fee, if any, shall be as set forth in this Code. An application made pursuant to this subdivision shall follow the procedures for adjustments set forth in Subdivisions 1, 2 and 3 of Subsection C of Section

10 Sec. 26. Paragraph (b) of Subdivision 16 of Subsection X of Section of the (b) Procedures. An application pursuant to this subdivision involving a nonconforming use shall follow the procedures for variances set forth in Section C, except to the extent an additional appeal is permitted to City Council. The Zoning Administrator may waive the public hearing if the applicant has secured the approval for the reconstruction from the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. If that approval is obtained from the surrounding property owners, the Zoning Administrator may waive the public hearing if he makes the following written findings: (1) that the nonconforming use will not have a significant adverse effect on adjoining property or on the immediate neighborhood; and (2) that the nonconforming use is not likely to evoke public controversy. An application pursuant to this subdivision involving only a nonconforming yard may be set for a public hearing in accordance with the same procedures as above, if the Zoning Administrator determines that the public interest requires a hearing. However, when a public hearing is held, the notice shall be given in the same manner as required in Section C 2 for an adjustment. Sec. 27. Paragraph (b) of Subdivision 18 of Subsection X of Section of the (b) Procedures. An application made pursuant to this subdivision shall follow the procedures for slight modifications set forth in Section C 1, 2 and 3. A $50 filing fee shall accompany the filing of any application for slight modification. Sec. 28. Paragraph (c) of Subdivision 21 of Subsection X of Section of the (c) Procedures. An application for permission pursuant to this C 1, 2 and 3. Sec. 29. Paragraph (b) of Subdivision 22 of Subsection X of Section of the 10

11 ~...., '. (b) Procedures. An application for permission pursuant to this C 1, 2 and 3. Sec. 30. Subdivision 7 of Subsection C of Section of the Los Angeles Municipal Code is amended to read: 7. Council. The Council may approve or disapprove an application or initiated proposed land use ordinance. It shall approve an ordinance only after making findings that its action is consistent with the General Plan and is in conformity with public necessity, convenience, general welfare and good zoning practice. If the Planning Commission recommends approval of an application, then the Council shall act within 90 days of receipt of the Planning Commission recommendation. The 90 day time limit to act on a Planning Commission approval of an application may be extended by mutual consent of the applicant and the Council. Sec. 31. Subsection G of Section of the Los Angeles Municipal Code is amended to read: G. Appeals. This section is not intended to create any additional appeal or level of appeal in connection with any application for a land use approval under this Code. This section also does not limit who may file an appeal as identified in each discretionary land use application process. Sec. 32. The first paragraph of Subsection A of Section of the Los Angeles Municipal Code is amended to read: A. PUBLIC BENEFIT PROJECTS AND PERFORMANCE STANDARDS. Where not permitted by right or by Conditional Use Permit pursuant to Subsections U, V or W of Section 12.24, the following public benefit uses are permitted in any zone, unless restricted to certain zones or locations. The uses shall meet the following performance standards or alternative compliance measures approved pursuant to Subsection B. Sec. 33. Paragraph (b) of Subdivision 3 of Subsection (G) of Section of the (b) If the Director finds that the matter may have a significant effect on neighboring properties, the Director shall set the matter for public hearing. If the application is set for public hearing, written notice of the hearing shall be sent by First Class Mail at least 15 days prior to the hearing to the applicant, owners and tenants of the property involved, owners and tenants of all property within 100 feet of the boundary of the subject site, the City Councilmembers representing 11

12 the area in which the property is located, the Administrator of the CRA for projects within an adopted redevelopment project area, and any organization representing property owners or the community in the project vicinity if they request in writing to be notified. Notice shall also be given by at least one publication in a newspaper of general circulation in the City, designated for that purpose by the City Clerk, not less than 15 days prior to the date of the hearing. Sec. 34. Paragraph (6) of Subsection (b) of Section of the Los Angeles Municipal Code is amended to read: 6. An appeal from the action of the Department on a request for a slight modification from the yard requirements of the zoning ordinance shall be set for public hearing. Notice of the public hearing shall be mailed to the applicant, the appellant, the owner or owners of the property involved, and to the owners of all properties abutting, across the street or alley from or having a common corner with the subject property. Notice shall be given at least 15 days prior to the Board hearing date. A copy of the Board's determination shall be mailed to the applicant, to the appellant, to the owner of the subject property if other than the applicant, and to the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. Included in this notice shall be an explanation of an aggrieved person's right to appeal the Board's decision to the Director of Planning pursuant to Section K. (65301) 12

13 /.. Sec. 35. The City Clerk shall certify to the passage of this ordinance and have it published in some daily newspaper printed and published in the City of - Los Angeles. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of MA 1 6 zorn J. MICHAEL CAREY, City Clerk.:...!!._ HAY f Approved Deputy Mayor Approved as to Form and Legality Pursuant to Charter Section 559, I approve this ordinance and recommend its adoption on behalf of the City Planning Commission.... MayS, 2001 ktmby.f- City Attorney Director of Planning File No. _ 0\-01-UO 13

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