(JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/

Sec. 12.28 SEC. 12.28 -- Adjustments and Slight Modifications. (Amended by Ord. No. 173,268, Eff. 7/1/00.) A. Adjustments. The Zoning Administrator shall have the authority to grant adjustments in the yard, area, building line and height requirements of Chapter I of this Code. An adjustment shall not be permitted for relief from a density (lot area per unit) or height requirement, excluding fences and hedges, if the request represents an increase of 20 percent or more than what is otherwise permitted by this Code. A request for an increase of 20 percent or more shall be made as an application for a variance pursuant to Section 12.27. (Amended by Ord. No. 173,492, Eff. 10/10/00.) B. Slight Modifications - Authority of Zoning Administrator. The Zoning Administrator shall have the authority to grant slight modifications in the yard and area requirements of Chapter 1 of this Code where circumstances make the literal application of the yard and area requirements impractical. Slight Modifications from the yard and area requirements shall be limited to: 1. deviations permitting portions of buildings to extend into a required yard or other open space a distance of no more than 20 percent of the width or depth of the required yard or open space only when the request is filed incidental to another application or appeal within the jurisdiction of the Zoning Administrator; and 2. deviations of no more than ten percent from the required lot area regulations. In those cases, the procedures for notice, hearing, time limits and appeals shall be the same as those applicable to the underlying application or appeal. In granting a slight modification, a Zoning Administrator may impose conditions as he or she deems necessary to protect the public health, safety or welfare, and to assure compliance with the objectives of the General Plan, in accordance with the purpose and intent of Chapter 1 of this Code. C. Procedures for Slight Modifications and Adjustments. The initial decision-maker for adjustments or slight modifications shall be the Zoning Administrator and the appellate body shall be the Area Planning Commission. Procedures for slight modifications and adjustments shall be as set forth in Section 12.24 B through J, except as otherwise provided here. 1. Applications for a Slight Modification or Adjustment. An application for an adjustment or a slight modification shall be filed pursuant to this section, upon forms provided by the Department of City Planning and accompanied by applicable fees. Each application shall be verified by the owner or lessee of the property involved. In the case of a slight modification of the area requirements, the verification of the application may be waived. 2. Public Hearing and Notice. The following are exceptions to the public hearing and notice requirements in Section 12.24. (a) An application for an adjustment shall be set for public hearing unless the Zoning Administrator makes written findings in the record that the requested adjustment: (1) will not have a significant effect on adjoining properties or on the immediate neighborhood; or (2) is not likely to evoke public controversy. (JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/2000 481

(b) The Zoning Administrator may set an application for an adjustment or slight modification for public hearing, even though a public hearing is not otherwise required, if the Zoning Administrator determines that it would be in the public interest. In that event, written notices of the public hearing shall be mailed to the owners of all properties abutting, across the street or alley from or having a common corner with the subject property. When a public hearing is scheduled pursuant to this section, written notices shall be mailed at least 24 days prior to the date of the hearing. The last known names and addresses of the owners as shown on the records of the City Clerk or the records of the County Assessor. Notice of the public hearing shall be posted, by the applicant in a conspicuous place on the property involved at least ten days prior to the date of the public hearing. (c) An application for an adjustment to permit a game court, including a tennis or paddle tennis court, accessory to a primary residential use on the same lot, or to permit the erection of light standards in conjunction with that use shall be set for public hearing and notice shall be given in the same manner required for adjustments unless the applicant has secured the approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property. 3. Initial Decision by Zoning Administrator. Decisions by a Zoning Administrator shall be supported by written findings of fact based upon written or oral statements and documents presented to him or her which may include photographs, maps, and plans, together with the result of his or her investigations. Upon making a determination pursuant to an application for an adjustment or slight modification, the Zoning Administrator shall place a copy of the determination and any written findings in the file and furnish a copy to the Department of Building and Safety. Furthermore, with respect to adjustments, whether or not set for public hearing and with respect to slight modifications which have been set for public hearing, a copy of the determination shall be mailed to 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 and to all persons who have filed written requests for notice with the Office of Zoning Administration. With respect to slight modifications which have not been set for public hearing, a copy of the determination shall be mailed to the applicant, to the owner of the subject property if other than the applicant, and to all persons who have filed written requests for notice with the Office of Zoning Administration. 4. Findings for Approval of Adjustments. Before granting an application for an adjustment the Zoning Administrator must find: (a) That the granting of an adjustment will result in development compatible and consistent with the surrounding uses. (b) That the granting of an adjustment will be in conformance with the intent and purpose of the General Plan of the City. (c) That the granting of an adjustment is in conformance with the spirit and intent of the Planning and Zoning Code of the City. Sec. 12.28 C 2 (b) (JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/2000 482

(d) That there are no adverse impacts from the proposed adjustment or any adverse impacts have been mitigated. (e) That the site and/or existing improvements make strict adherence to zoning regulations impractical or infeasible. 5. Conditions for Approval. In approving an adjustment or slight modification, the Zoning Administrator may impose those conditions he or she deems necessary to remedy a disparity of privileges and that are necessary to protect the public health, safety or welfare and assure compliance with the objectives of the General Plan and the purpose and intent of the zoning. (Amended by Ord. No. 173,492, Eff. 10/10/00.) D. Discontinuance of Adjustment - Revocation. The revocation procedures that apply to variances in Section 12.27 S shall also apply to adjustments. (Added by Ord. No. 173,492, Eff. 10/10/00.) E. Adjustment - Plan Approvals. The plan approval procedures that apply to variances in Section 12.27 U shall also apply to adjustments. (Added by Ord. No. 173,492, Eff. 10/10/00.) SEC. 12.29 -- VIOLATION OF CONDITIONS--PENALTY. (Amended by Ord. No. 173,492, Eff. 10/10/00.) A variance, conditional use, adjustment, public benefit or other quasi-judicial approval, or any conditional approval granted by the Director, pursuant to the authority of this chapter shall become effective upon utilization of any portion of the privilege, and the owner and applicant shall immediately comply with its conditions. The violation of any valid condition imposed by the Director, Zoning Administrator, Area Planning Commission, City Planning Commission or City Council in connection with the granting of any action taken pursuant to the authority of this chapter, shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code. SEC. 12.30 -- BOUNDARIES OF ZONES. (Amended by Ord. No. 173,268, Eff. 7/1/00.) A. Purpose. It is intended that zone and height district boundaries coincide with street, alley, or lot lines, unless otherwise shown on the zoning map. However, under certain conditions, zone boundaries do not precisely coincide with street, alley, or lot lines and in those cases, the Director shall make adjustments pursuant to this section. Boundary adjustments are normally requested in contemplation of more extensive development of the property involved. In connection with those plans, standard street dedication is essential. Therefore, the following procedure is necessary to be established so that standard dedication and improvement of streets and alleys abutting the subject property may be required, where reasonable, as a prerequisite to the approval of the zone boundary adjustment. B. Street, Alley or Lot Lines. The zone boundaries shall be either street, alley or lot lines unless otherwise shown on the zoning map, and where the indicated boundaries on the zoning map are approximately street, alley or lot lines, the street, alley or lot lines shall be construed to be the boundaries of those zones. Sec. 12.28 C 4 (d) (JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/2000 483

C. Scale on Map. Where the zone boundary lines are not approximately street alley or lot lines, or where property indicated on the zoning map is acreage and not subdivided into lots and blocks, the zone boundary lines on the zoning map shall be determined by the scale contained on the map. D. Symbol for Zone. Where one symbol is used on the zoning map to indicate the zone classification of an area divided by an alley or alleys, that symbol shall establish the classification of the whole of that area. E. Street or Right of Way - Allocation or Division. A street, alley, railroad or railway right-of-way, watercourse, channel or body of water, included on the zoning map shall, unless otherwise indicated, be included within the zones of adjoining property on either side of the street, alley, railroad or railway right-of-way, watercourse, channel or body of water; and where the street, alley, right-of-way, watercourse, channel or body of water, serves as a boundary between two or more different zones, a line midway in the street, alley, right-of-way, watercourse, channel or body of water, and extending in the general direction of its long dimension shall be considered the boundary between zones. F. Vacated Street or Alley. In the event a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in the street or alley shall be included within the zone of the adjoining property on either side of the vacated street or alley. In the event the street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former center line of the vacated street or alley. G. Individual Adjustments. The Director may, upon written request and after notice and hearing to the owners of the property affected by the proposed decision, make minor adjustments in the location of zone boundaries to carry out the intent of this section when: 1. Property as shown on the zoning map was in acreage but has been subsequently divided or approved for division into parcels or lots and blocks by a parcel map or final tract map and the parcel or lot and block arrangement does not conform to that anticipated when the zone boundaries were established; 2. Property was redivided or approved for redivision by a parcel or final tract map into a different arrangement of lots and blocks than indicated on the zoning map; or 3. A lot which was of record in the Los Angeles County Recorder's Office on July 30, 1962, and which was on that date and is, at the time the request is made, in two different zones as determined by scaling the zoning map and where there is nothing apparent on the map to indicate that the zone boundary line should be retained in its scaled location. Where uncertainty exists in applying the provisions of this section or where revision is necessary to correct dimensional or mapping errors the Director may, upon his or her own initiative, or upon the request of the Planning Department staff, determine the location of the zone boundary lines by written decision. Zone boundary adjustments permitted pursuant to this subsection shall be limited to a Sec. 12.30 C (JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/2000 484

distance of no more than 50 feet. When the adjustment is requested prior to recordation because of a situation arising as described in Subdivisions 1 and 2 of this subsection the Director s decision shall not become effective until after the parcel map or final tract map has been recorded with the Office of the County Recorder. H. Director Decision. Whenever the public necessity, convenience, general welfare or good zoning practice justify the action, the Director may approve, conditionally approve or deny any zone boundary adjustment. The Director may impose any conditions he or she deems appropriate to mitigate the negative impacts created by the development made possible by a zone boundary adjustment. One of the conditions may require that the abutting streets, alleys or highways be dedicated and improved in conformance with the standards for improvement of streets, alleys and highways, if the Director determines that traffic on the abutting streets, alleys or highways will be increased or impeded as a result of the zone boundary adjustment. However, an offer to dedicate and/or filing of a bond in conformance with the procedures set forth in Section 12.37 C and D of this Code shall be construed as compliance with these requirements. The zoning map in the City Planning Department shall be made to conform with the Director s decision after the conditions imposed, if any, by the Director have been fulfilled. I. Maps. A reproducible map shall accompany each application for boundary adjustments. This map shall be legibly drawn using a scale of 100 feet or 200 feet to the inch and in addition to data the Director may require in order to make a proper decision on the request for boundary adjustment, the map shall clearly show the following: 1. The dimensions and legal description of the parcel, the existing zone lines and the distance from the parcel to the nearest cross street; and 2. The abutting streets, alleys and highways and their dedicated width. J. Height Districts. The procedure provided for in this section for the decisions on boundaries of zones shall also be followed in deciding boundaries of height districts. K. Adjustment of C or M and P or PB Zone Boundaries. 1. Where a combination of C or M and P or PB Zones has been established on a lot, the Director may, upon written request from the owner of the property involved, adjust the boundary between the C or M Zone and the P or PB Zone, provided that the C or M Zone is not increased in area and that no portion of the C or M Zone is adjusted to within 50 feet of a street, center line of an alley or an A or R Zone, except that the C or M Zone may be as close to any particular street, alley center line or lot line in an A or R Zone as it was prior to the adjustment of the boundary. This exception shall not apply to a lot or portion of a lot in the C or M Zone which is less than 250 square feet. 2. Appeal - Form and Contents - Filing Fee. An applicant or any other person aggrieved by a decision of the Director of Planning made relative to the boundaries of these zones, may appeal the decision to the Area Planning Commission. That appeal shall be in writing upon forms provided by the Department of City Planning and shall be accompanied by a fee as set Sec. 12.30 G 3 (JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/2000 485

forth in Section 19.01 B. The appeal shall set forth specifically the basis of the appeal and the reasons why the decision should be reversed or modified. The appeal shall be filed within 15 days from the date of mailing of the Director's decision. SEC. 12.31 -- INTERPRETATION--PURPOSE--CONFLICT. (Amended by Ord. No. 141,821, Eff. 5/24/71.) In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall control. Provided, that such provisions shall not apply to any variance or exception granted prior to the effective date of this article: (a) by ordinance pursuant to the provisions of Ordinance Nos. 42,666 (N.S.), 66,750, 74,140, or Chapter 1 of the Los Angeles Municipal Code, and which variance or exception has been utilized and not repealed by Section 12.27 B 6 of this chapter; (b) by determination of the Administrator or Board pursuant to the provisions of Chapter 1 of said Code; and (c) by determination of the former Board of City Planning Commissioners pursuant to the provisions of Ordinance No. 74,145 or Chapter 1 of said Code. Provided, further, that such provisions shall not be interpreted or construed as interfering with the continuation of those existing specific uses which heretofore were required by ordinance to be located in the following special districts: (a) Cemetery Districts--Ordinance No. 19,534 (N.S.); Sec. 12.30 K 2 (b) (c) Undertaking Districts--Ordinance No. 31,746 (N.S.); Public Camp Districts--Ordinance No. 44,434 (N.S.); (d) (e) No. 65,050. Mental Sanitarium Districts--Ordinance No. 58,647; and Rabbit and Poultry Slaughter House Districts--Ordinance In no case, however, shall any of the above uses be extended or expanded onto property not so used at the time this article became effective. (JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/2000 486