Article 15. Fees

This Division (General Rules) identifies the general standards involved in administering the required fees for land use and development requests which are subject to this Zoning Code (Chapter 1A).

1. Filing Date

   See Sec. 13A.2.3. (Applications).

2. Time Limit - Appeals

   See Sec. 13A.2.8. (Appeals).

3. Place of Filing

   See Sec. 13A.2.3. (Applications).

4. Notice of Public Hearing

   See Sec. 13A.2.4. (Notice of Public Hearing).

5. Annual Inflation Adjustment

   These fees were established in Chapter I. (General Provisions and Zoning), Article 9. (Fees) of this Code, and codified in Sections 19.00 through 19.19, as may be amended by time to time. The "Base Fee," as set forth herein and in Chapter I. (General Provisions and Zoning), Article 9 of this Code, shall be automatically adjusted annually for inflation on July 1st. The Department of City Planning shall provide an updated fee schedule on an annual basis, which reflects the annual inflation adjustment calculated in accordance with the latest change in year-overyear Consumer Price Index for Urban Consumers (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics, in the Los Angeles area from the previous calendar year. This updated fee schedule will reflect the updated Base Fee, with the Annual Inflation Adjustment.

   Annual Inflation Adjustment
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   [Annual Inflation Adjustment Applies]
   [Annual Inflation Adjustment Doesn't Apply]

   1. Base Fees

      For fees in this Article (Fees) which are identified on the "Annual Inflation Adjustment" columns with a solid circle, as shown in the table above, the base fee amounts in this Article (Fees) shall be the fee amount set forth in Chapter I. (General Provisions and Zoning), Article 9. (Fees) of this Code, as reflected and incorporated into this Article (Fees). For previously-adopted fees and for newlyadopted fees, the base fee is the amount of the fee as of the date of introduction of the applicable implementing ordinance.

   2. Notice of Updated Fee Schedules

      Notice of the updated fee schedule showing the current fee amounts inclusive of annual adjustments shall be published on the Department of City Planning website, as well as the Council File, no less than 30 days in advance of July 1 of every year. The Director shall have the authority to adopt guidelines consistent with this Division (General Rules) tor the posting of notices of updated fee schedules if the Director determines that guidelines are necessary and appropriate.

6. Appeal Fees

   1. General Appeal Fees

      The following fees shall be charged and collected with the filing of all appeals, unless otherwise stated in the subsequent Paragraphs of this Subsection (Appeal Fees).

      1. Appeal by Applicant

         When the appeal is made by the applicant, a fee equal to 85 percent of the total underlying application fees or the fee amount established in the table below for first level appeal and additional level appeals, whichever is less.

      2. Appeal by Aggrieved Person Other than Applicant

         When the appeal is made by an aggrieved person, other than the applicant, a filing fee shall be paid, as indicated in the table below.

   2. Building Permit Appeal Fees

      An appeal filed pursuant to Sec. 13B.10.2. (Appeals from LADBS Determinations) shall be accompanied by a filing fee as specified in Table 4-A (Filing Fees for Appeals) of Chapter IX. (Building Regulations), Sec. 98.0403.2. (Procedures for Appeals to the Department of Building and Safety and to the Building and Safety Board of Commissioners) of this Code, to be collected by the Department of City Planning. An appeal filed pursuant to Sec. 13B.10.2.G. (Appeals) shall be charged a fee in accordance with Paragraph 1. (General Appeal Fees) above.

   3. Street Dedication & Improvement Appeal Fees

      An appeal filed pursuant to Sec. 10.1.10. (Waiver & Appeals) of this Chapter shall be accompanied by a filing fee in the amount established in the table below to be collected by the Department of City Planning.

      Appeal Fees
      Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
      Appeals
      Applicant - First Level Appeal	$22,453*
      Applicant - Additional Level of Appeal	$22,453*
      Person other than the Applicant	$229
      Building Appeal Fees
      Appeal to LADBS, filed pursuant to Chapter IX. (Building Regulations), Sec. 98.0403.2 (Appeals to the LADBS and to the Board) of this Code	See Table 4-A of Sec. 98.0403.2
      Appeals, filed pursuant to Sec. 13B.10.2.G. (Appeals) of Chapter 1A	See General Appeal Fees
      Appeals for Street Dedication & Improvement
      Applicant or Person other than the Applicant	$2,339
      *The fee is equal to 85 percent of the total underlying application fees or the specified base fee, whichever is less when the appeal is made by the applicant.

7. Fee Payments

   Before accepting for filing any application or appeal involving any of the matters specified in this Article (Fees), the Department of City Planning shall charge and collect for each application or appeal the applicable filing fees.

8. Fee Exceptions

   The fees as provided for in this Article (Fees) shall be subject to the following exceptions:

   1. City Departments & Other Governmental Agencies

      The fees contained in this Article (Fees) shall not apply to any governmental agencies, except for the following proprietary City departments, the Los Angeles World Airports, the Los Angeles Harbor District, and the Los Angeles Department of Water and Power, unless otherwise prescribed by any applicable memorandum of understanding or controlling interagency contract.

   2. Variance From Minimum Lot Area Requirements

      No fee shall be required in connection with an application for a variance from the minimum lot area requirements of an improved lot, or on appeal from a ruling on the variance application, where it is shown that the lot neither conformed with the minimum lot area requirements at the time of issuance of the original building permit nor constituted a nonconforming lot.

   3. Conditional Use Permits for Non-Profit School: Preschool/Daycare

      No fee shall be required in connection with an application, appeal, or approval of plans for a conditional use for a school: preschool/daycare pursuant to Sec. 5D.3.9.A. (Preschool/Daycare) which is determined to be non-profit, including, but not limited to, parent-cooperatives and facilities funded by a governmental agency or owned or operated by a philanthropic institution, religious institution, or similar institution. A facility funded by a governmental agency shall indicate the principal current and anticipated source of funds. Where any uncertainty exists as to the non-profit status of the facility, the applicant shall file a copy of the articles of incorporation or an affidavit, to the satisfaction of a Zoning Administrator, showing that the child-care facility will be non-profit.

   4. Non-profit Social Services

      No fee shall be required in connection with an application, appeal, or approval of plans for a conditional use or variance for a non-profit social services use pursuant to Sec. 5D.3.10. (Social Services).

   5. Credit for Fees Paid Upon A Reapplication

      1. At the discretion of the appropriate decision-maker, an applicant for any determination for which fees are required by this Article (Fees) may be allowed credit for the fees paid upon a reapplication for the same project under a different procedure when the decision-maker finds:

         1. That the applicant made a good-faith attempt to file the application properly; and

         2. That the application could be more appropriately approved if filed under a different procedure.

      2. This Subsection (Fee Exceptions) shall not be construed to allow credit to be given at the applicant's option, nor to allow refunds of any fees paid on the original application.

   6. Continuation of Nonconforming Uses

      No fee shall be required in connection with an initial application for continuation of a nonconforming use made pursuant to Sec. 12.1.4.B. (Discontinuance of Nonconforming Use).

   7. Project Exceptions In Conjunction with a Quasi-Judicial Review/Relief

      Regardless of the provisions in Sec. 15.1.2. (Multiple or Combination Applications), where a project exception and a variance, Conditional Use Permit, or other similar quasi-judicial review/relief are both required for a project, the lower of the fees charged for the project exception and variance, Conditional Use Permit, or other similar quasi-judicial review/relief shall be waived.

   8. Full Cost Recovery

      In addition to the fees set forth in this Article (Fees), the Department of City Planning may negotiate with an applicant, pursuant to Sec. 5.121.9.3. (Supplemental Fee Agreements) of the LAAC, for reimbursement of the actual costs associated with the City's processing of discretionary actions or other Planning reviews and processes for applications involving extraordinary projects, which require unusually heavy commitments of department resources but not involving a "major project", as that term is defined in Sec. 5.121.9(b) (Creation of the Fund) of the LAAC.

9. Hourly Fee Billing

   For all planning applications and services, except for Expedited Processing that is subject to the Expedited Fee set forth in Sec. 15.1.3. (Expedited Permit Fee) of this Chapter, Planning application fees are based on an average time estimate for the cost of service resulting in the application fee as listed herein. The Department of City Planning reserves the right to seek additional reimbursement of the actual costs associated with the City's processing of discretionary actions based on an hourly fee calculation, or other Planning reviews and processes for applications that require use of department resources in excess of the average application process and associated fee. The Director of Planning and their designee is authorized to determine when additional reimbursements, based on actual costs, are appropriate and shall provide notice to the applicant. Payment of any additional reimbursement for costs shall be paid prior to the issuance of any Planning approval.

10. Indemnification and Defense

    Applicants are responsible for any and all costs incurred by the City in defense of any and all actions or claims arising in full or in part out of the City's processing of a project application or permit or any entitlement filed , or issued, or approved under Chapter I. (General Provisions and Zoning), or Chapter 1A (City of Los Angeles Zoning Code), or Chapter IX. (Building Regulations) of this Code. Applicants shall deposit $50,000 (or an amount found necessary by the City Attorney's Office to ensure the City's costs are fully covered) to the City Attorney's Office upon receipt of a tender of defense letter. The Applicant shall pay all invoices from the City Attorney's Office for its costs and ensure that the initial deposit is maintained in full at all times prior to final disposition of the case or action.

For fees in this Article (Fees) which are identified on the “Multiple Applications” columns with a solid circle, as demonstrated in the table below, if more than one application is filed at the same time for the same project and the fee for each separate application, then the charges will be as follows: 100 percent for the highest application fee, 50 percent for the second application (second highest fee), and 25 percent for each additional application fee. Fees which are identified on the “Multiple Applications” columns with a hollow circle, as demonstrated in the table below, or are expressly stated are not subject to this Section (Multiple or Combination Applications).

1. At the request of the applicant, the Department of City Planning may charge a fee to offset expenses for additional human and physical resources necessary to expedite the permit process for development projects. A minimum initial deposit as indicated in the table below or, as adjusted by the Director, in addition to fees charged elsewhere in this Zoning Code (Chapter 1A), shall be collected at the time of the request. In addition, fees shall be paid by the applicant for any additional costs that exceed the initial deposit.

2. The Department of City Planning shall calculate the costs and resultant fee, at the hourly rate in this Section (Expedited Permit Fee) , in accordance with Sec. 5.121.9.3.(b)3. (Supplemental Fee Agreements) of the LAAC and shall maintain appropriate accounting records of the actual costs. The Director shall resolve any dispute related to the fee. The Director shall exclude from consideration any cost incurred or attributed to the processing of appeals.

3. The Department shall cause all money collected pursuant to this Section (Expedited Permit Fee) to be deposited into the Planning Case Processing Fund as prescribed in Sec. 5.121.9.2.(c) (Supplemental Fee Agreements) of the LAAC for purposes of disbursement as permitted therein.

   Expedited Permit Fee
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Expedited Review Services
   Minimum Initial Deposit	$8,500
   Expedited Review Services - Hourly	$221

The following fees shall be charged when a zone change is requested by an applicant that necessitates the initiation of a General Plan Amendment to achieve consistency between the requested zone change and the General Plan.

The following fees shall be charged for a zone change, Supplemental District, or Special Zone when that action is consistent with the General Plan. See Fees for General Plan Consistency (Sec. 15.2.1.) for zone change requests that are not consistent with the General Plan.

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Div. 13B.2. (Quasi-Judicial Review).

1. Class 1 Conditional Use Permit

   Fees For clASS 1 Conditional Use permits
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Class 1 Conditional Use Permit (Sec. 13B.2.1.)	$16,764
   Additional Filings for Class 1 Conditional Use Permit	$4,193
   Family Child Care or Preschool/Daycare greater than the persons in care maximum but less than 50 children	$8,407
   Certified Farmers’ Market	$5,075
   Approval to Erect Amateur Radio Antenna	$13,516
   Hillside Permit Filing Fee*	$24,825
   Hillside Permit Filing Fee, for Each Additional Filing*	$4,303
   * See Paragraph 2. (Hillside Permit Filing Fee) below.

   1. Preliminary Project Review

      A fee shall be charged to applicants seeking a conditional use permit that requires a consultation with the Department for preliminary project review. See Sec. 15.3.10. (Project Development & Counseling Services Fees).

   2. Hillside Permit Filing Fee

      [Reserved]

2. Class 2 Conditional Use Permit

   Fees For class 2 Conditional Use permits
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Class 2 Conditional Use Permit (Sec. 13B.2.2.)	$19,860
   Additional Filing for Class 2 Conditional Use Permit, except as established below	$4,193
   Conditions of Approval for Oil Drilling (Sec. 8.2.4.)	$23,887
   Alcohol Service and Indoor Entertainment Venue	$19,418
   Eldercare Facility Unified Permit Application (Sec. 9.4.3.D.1.)	$24,742
   Sexually Oriented Business - Use Separation from another Sexually Oriented Business Establishment (Sec.5D.6.13. (Sexually Oriented Business))	$9,047

   1. Preliminary Project Review

      A fee shall be charged to applicants seeking a conditional use permit that requires a consultation with the Department for preliminary project review. See Sec. 15.3.10. (Project Development & Counseling Services).

3. Class 3 Conditional Use Permit

   Fees For clASS 3 Conditional Use permits
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Class 3 Conditional Use Permit (Sec. 13B.2.3.)	$39,555
   Modification of Existing Class 3 Conditional Use Permit (Sec. 13B.2.3.H.)	$27,859
   Surface Mining Permits "Citation reserved"; or Sec. 13B.2.3.	$552

   1. Preliminary Project Review

      A fee shall be charged to applicants seeking a conditional use permit that requires a consultation with the Department for preliminary project review. See Sec. 15.3.10. (Project Development & Counseling Services Fees).

4. Project Review

   Fees For PROJECT REVIEWs
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Project Review (Sec. 13B.2.4.)
   Project Review Application for Residential-Only Projects	$18,425
   All Other Project Review Applications	$21,735

   1. Preliminary Project Review

      A fee shall be charged to applicants seeking a conditional use permit that requires a consultation with the Department for preliminary project review. See Sec. 15.3.10. (Project Development & Counseling Services Fees).

5. Director Determination

   Fees For DIRECTOR DETERMINATIONs
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Director Determination (Sec. 13B.2.5.)
   Minor Cases	$4,394
   Standard Cases	$7,566
   Standard Cases, Single-Unit Dwelling	$5,710
   Major Cases	$13,074
   Major, Single-Unit Dwelling	$7,845
   Approval of Transfer of Development Rights - 49,999 square feet or less. (Sec. 9.3.5.D.)	$15,888
   Approval of Transfer of Development Rights - 50,000 square feet or greater (Sec. 9.3.5.D.)	$24,990

   1. Preliminary Project Review

      A fee shall be charged to applicants seeking a conditional use permit that requires a consultation with the Department for preliminary project review. See Sec. 15.3.10. (Project Development & Counseling Services Fees).

   2. Fee Thresholds

      The following thresholds shall be used in determining which fees apply in the categories for Project Compliance:

      Fees Thresholds
      Fee Category	Thresholds
      Minor Cases	Three or less signs or a change of use
      Standard Cases	More than three signs, wireless cases, or projects with additions of less than 200 square feet
      Major Cases	All other projects not falling into the categories of Minor or Standard cases

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Div. 13B.3. (Ministerial Action).

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Div. 13B.4. (Specific Plan Implementation).

1. Fee Thresholds

   The following thresholds shall be used in determining which fees apply in the categories for Project Compliance:

   Fee Thresholds
   Fee Category	Thresholds
   Minor Cases	Three or less signs or a change of use
   Standard Cases	More than three signs, wireless cases, or projects with additions of less than 200 square feet
   Major Cases	All other projects not falling into the categories of Minor or Standard cases

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Div. 13B.5. (Quasi-Judicial Relief).

The following fees shall be charged for costs associated with permit clearance, condition compliance monitoring and inspections conducted by the City, and revocation proceedings pursuant to Sec. 13B.6.1. (Evaluation of Non-Compliance).

1. Evaluation of Non-Compliance

   Fees For evaluation of non-compliance
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Evaluation of Non-Compliance (Sec. 13B.6.1.)
   Monitoring of Class 1 and Class 2 Conditional Use Permits	$1,986
   Inspection and Field Compliance Review of Operations	$829
   Evaluation of Non-Compliance (City Initiated)*	$39,719
   Evaluation of Non-Compliance (Applicant Initiated)	$19,860
   * See Paragraph 1. below.

   1. Revocation, Suspension or Restriction Proceeding for Non-Compliance of Conditions

      With respect to Sec. 13B.6.1. (Evaluation of Non-Compliance), fees shall be paid for the actual costs associated with the revocation process that exceed the initial deposit amount. The Department of City Planning shall calculate the actual costs and resultant fee, in accordance with Sec. 5.121.9.3.(b)3. (Supplemental Fee Agreements) of the LAAC and shall maintain appropriate accounting records of the actual costs. The Director shall resolve any dispute related to the fee. The Director shall exclude from consideration any cost incurred or attributed to the processing of appeals.

2. Nuisance Abatement/Revocation

   Fees For nuisance abatement/revocations
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Nuisance Abatement/Revocation (Sec. 13B.6.2.)
   Imposition of Conditions (City Initiated)	$43,250
   Modification (Applicant Initiated)	$37,844
   Compliance Review for Revocation (City Initiated)	$39,719
   Compliance Review for Revocation (Applicant Initiated)	$19,860

The following fees shall be charged in connection with the corresponding applications filed pursuant to Div. 13B.7. (Division of Land) and paid to the Department of City Planning, except as otherwise specified here.

1. Parcel Map Exemption/Lot Line Adjustment

   Fees For Parcel map exemption/lot line adjustments
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Parcel Map Exemption (Lot Line Adjustment) (Sec. 11.4.1.B.3.c.; Sec. 13B.7.2.)	$5,517
   Parcel Map Waiver (Sec. 11.4.1.B.4.; State Subdivision Map Act Gov. Code Secs. 66412(a) and Sec. 66412.1(a) & (b); Sec. 13B.7.2.)	$1,765

   1. Very High Fire Hazard Severity Zone

      For preliminary parcel maps within the Very High Fire Hazard Severity Zones, a surcharge of 1/3 the sum of the fees paid pursuant to the fee table in this Subsection (Parcel Map Exemption/Lot Line Adjustment) shall be paid.

   2. Mixed Use

      Where the project involves a combination of single-unit dwellings, multi-unit dwellings, commercial, and/or industrial uses, the highest fee, including modifications to the fee, shall be charged at 100 percent, the second highest at 50 percent, and the third and subsequent fee at 25 percent. This fee discounting shall not apply to the surcharge required by Paragraph 1. (Very High Fire Hazard Severity Zone) of this Subsection (Parcel Map Exemption/Lot Line Adjustment).

   3. Bureau of Engineering Fees

      In addition to the fees imposed pursuant to the provisions of this Subsection (Parcel Map Exemption/Lot Line Adjustment), before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for each parcel map exemption application a nonrefundable fee of $1,262 is applicable to the project.

2. Tentative Tract Map

   Fees For tentative tract maps
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Tentative Map - Single-Unit Dwellings
   5 to 49 Lots	$14,260
   Each additional Set of 50 Lots over 49 Lots	$13,005
   Tentative Map - Multi-Unit Dwellings
   5 to 49 Units	$15,309
   50 to 99 Units	$17,239
   100 Units or More	$19,680
   Tentative Map - Commercial/Industrial with Building
   Less than 50,000 square feet of floor area	$14,591
   50,000-99,999 square feet of floor area	$16,205
   100,000-249,999 square feet of floor area	$18,356
   250,000 square feet of floor area or More	$19,184
   Tentative Map - Commercial/Industrial without Building
   Less than 1 Acre	$14,040
   1 to Less than 5 Acres	$15,350
   5 Acres or More	$17,501

   1. Phasing of Map Fee

      For each request for the Advisory Agency to approve the recording of a final map which covers only a portion of the property shown on an approved tentative map pursuant to the provisions of Sec. 13B.7.4. (Final Tract Map), a fee of $9,144.

   2. Very High Fire Hazard Severity Zone Fee

      For tentative maps within Very High Fire Hazard Severity Zones, a surcharge of 1/2 the sum of the fees paid pursuant to the fee table in this Subsection (Tentative Tract Map) shall be paid.

   3. Mixed-Use Fee

      Where the project involves a combination of single-unit dwellings, multi-unit dwellings, commercial, and/or industrial uses, the highest fee, including modifications to the fee, shall be charged at 100 percent, the second highest at 50 percent, and the third and subsequent fee at 25 percent. This fee discounting shall not apply to the surcharge required by Paragraph 2. (Very High Fire Hazard Severity Zone) of this Subsection (Tentative Tract Map).

   4. Bureau of Engineering Fees

      In addition to the fees imposed pursuant to the provisions of this Subsection (Tentative Tract Map), before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for each application the following nonrefundable fees applicable to the project for which the application is made:

      1. For each subdivision tract of fewer than 20 lots, a fee of $8,240. For each modified or revised subdivision tract of fewer than 20 lots requiring a revised engineering report, a fee of $1,854.

      2. For each subdivision tract of 20 or more lots, actual Bureau of Engineering costs and a deposit for such costs as determined and collected pursuant to the provisions of Chapter VI (Public Works and Property), Sec. 61.15. (Actual Cost Special Engineering Services). For each modified or revised subdivision tract of 20 or more lots requiring a revised engineering report, a fee of $1,854.

         BUREAU OF ENGINEERING Fees For Tentative subdivision tracts
         Application Type	Fee
         Subdivision Tract - Fewer than 20 Lots
         Initial Fee	$8,240
         Subsequent Modifications/Revisions	$1,854
         Subdivision Tract - 20 or More Lots
         Initial Fee	LAMC Sec. 61.15.
         Subsequent Modifications/Revisions	$1,854

3. Final Tract Map

   Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for each application the following nonrefundable fees that apply to the project for which the application is made:

   BUREAU OF ENGINEERING FEES FOR FINAL SUBDIVISION TRACTS
   Application Type	Fee
   Subdivision Tract
   Fewer than 20 Lots	$8,240
   20 or More Lots	LAMC Sec. 61.15.*
   Airspace Subdivision	LAMC Sec. 61.15.*
   *Actual Bureau of Engineering costs and a deposit for such costs as determined and collected pursuant to the provisions of Chapter VI. (Public Works and Property), Sec. 61.15 (Actual Cost Special Engineering Services).

   1. Very High Fire Hazard Severity Zone Fee

      For each subdivision that is located entirely or partly within a Very High Fire Hazard Severity Zone, the Bureau of Engineering shall charge and collect a surcharge in the amount of 50 percent of the fee imposed pursuant to the fee table in this Subsection (Final Tract Map).

   2. Resubmission Fee

      In addition to the fee and surcharge imposed pursuant to the fee table in this Subsection (Final Tract Map) and the provisions of Paragraph 1. (Very High Fire Hazard Severity Zone) above, the Bureau of Engineering shall charge and collect a resubmission fee of $824 for each and every map or any part of a map submitted to the City Engineer more than three times, including the original submission, and the fee shall be paid to the Bureau of Engineering upon each and every submission to the City Engineer thereafter.

   3. Reverting Subdivided Land Fee

      In addition to all other fees charged pursuant to the provisions of this Subsection (Final Tract Map), if a final map is filed for the purpose of reverting subdivided land to acreage or for merger and re-subdivision of land pursuant to the provisions of Sec. 11.3.5. (Reversion to Acreage) and Sec. 11.3.6. (Merger & Resubdivision), the Bureau of Engineering shall charge and collect a fee of $2,549.

4. Preliminary Parcel Map

   Fees For Preliminary parcel maps
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Preliminary Parcel Map - Residential, Up to 4 Lots
   Single-Unit Dwellings	$14,978
   Multi-Unit Dwellings	$15,419
   Preliminary Parcel Map - Commercial/Industrial With Building, Up to 4 Lots
   Less than 50,000 square feet of Floor Area	$15,143
   50,000 to Less than 100,000 square feet of Floor Area	$15,143
   100,000 to Less than 250,000 square feet of Floor Area	$15,143
   250,000 square feet of Floor Area or More	$15,143
   Preliminary Parcel Map - Commercial/Industrial Without Building, Up to 4 Lots
   Less than 1 Acre in Area	$13,571
   1 to Less Than 5 Acres in Area	$13,571
   5 Acres or More in Area	$13,571

   1. Very High Fire Hazard Severity Zone Fee

      For preliminary parcel maps within the Very High Fire Hazard Severity Zones, a surcharge of 1/3 the sum of the fees paid pursuant to the fee table in this Subsection (Preliminary Parcel Map) shall be paid.

   2. Mixed-Use Projects Fee

      Where the project involves a combination of single-unit dwellings, multi-unit dwellings, commercial, and/or industrial uses, the highest fee, including modifications to the fee, shall be charged at 100 percent, the second highest at 50 percent, and the third and subsequent fee at 25 percent. This fee discounting shall not apply to the surcharge required by Paragraph 1. (Very High Fire Hazard Severity Zone) of this Subsection (Preliminary Parcel Map).

   3. Bureau of Engineering Fees

      In addition to the fees imposed pursuant to the provisions of this Subsection (Preliminary Parcel Map), before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for each application the following nonrefundable fees applicable to the project for which the application is made:

      1. For each map, a fee of $8,240.

      2. For each modified or revised map requiring a revised engineering report, a fee of $824.

5. Final Parcel Map

   Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for each application the following nonrefundable fees that apply to the project for which the application is made:

   Fees For final parcel maps
   Application Type	Fee
   Final Parcel Map	$8,240
   Airspace Subdivision	LAMC Sec. 61.15.*
   * Actual Bureau of Engineering costs and a deposit for such costs as determined and collected pursuant to the provisions of Chapter VI. (Public Works and Property), Sec. 61.15 (Actual Cost Special Engineering Services).

   1. Very High Fire Hazard Severity Zone Fee

      For each subdivision that is located entirely or partly within a Very High Fire Hazard Severity Zone, the Bureau of Engineering shall charge and collect a surcharge in the amount of 50 percent of the fee imposed pursuant to the fee table in this Subsection (Final Parcel Map).

   2. Resubmission Fee

      In addition to the fee and surcharge imposed pursuant to the fee table in this Subsection (Final Parcel Map) and the provisions of Paragraph 1. (Very High Fire Hazard Severity Zone) above, the Bureau of Engineering shall charge and collect a resubmission fee of $824 for each and every map or any part of a map submitted to the City Engineer more than three times, including the original submission, and the fee shall be paid to the Bureau of Engineering upon each and every submission to the City Engineer thereafter.

   3. Reverting Subdivided Land Fee

      In addition to all other fees charged pursuant to the provisions of this Subsection (Final Parcel Map), if a final map is filed for the purpose of reverting subdivided land to acreage or for merger and re-subdivision of land pursuant to the provisions of Sec. 11.3.5. (Reversion to Acreage) and Sec. 11.3.6. (Merger & Resubdivision), the Bureau of Engineering shall charge and collect a fee of $1,854.

   4. Final Map Waiver Fee

      Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect a fee of $1,262 to review and process each application for a final map waiver requested pursuant to the provisions of Sec. 13B.7.5. (Preliminary Parcel Map).

6. Private Street Map

   Fees For private street maps
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Deemed to be Approved Private Street (Sec. 10.3.2.C.)	$3,089
   Private Street Map (Sec. 13B.7.7.)	$16,246
   Very High Fire Hazard Severity Zone Private Street Map (Sec. 11.4.2.D.)	$17,984
   Modifications of Private Street Requirements	$11,144
   Each Lot or Building	$110

   1. Credit Towards Division of Land Fees

      In the event the person plotting or dividing land as lots or building sites pursuant to Div. 10.3. (Private Street Regulations) shall elect to subdivide land in accordance with Article 11. (Division of Land) within one year from the filing date of the private street map, the fees required and paid under Subsection (Private Street Map) may be applied against the payment of the fees required by Subsection B. (Tentative Tract Map) or Subsection D. (Preliminary Parcel Map) of this Section (Division of Land Fees).

   2. Modifications of Private Street Requirements

      For each request for modification of the requirements governing private streets pursuant to the provisions of Sec. 13B.7.7. (Private Street Map), a fee shall be paid in the amount indicated in the table above. For each and every lot or building site shown on a private street map, excepting the lots or building sites as are shown at the request of the City Engineer to facilitate the description of the land to be acquired by condemnation proceedings, a fee shall be paid in the amount established in the table above.

   3. Bureau of Engineering Fees

      Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect for each private street map application a fee of $6,304, and shall charge and collect for each modified or revised street map application requiring a revised engineering report a fee of $630.

7. Certificate or Conditional Certificate of Compliance

   A fee of $4,920 shall be paid for each determination of the Advisory Agency with respect to a certificate or conditional certificate of compliance pursuant to the Subdivision Map Act in California Government Code Sec. 66499.35.

   Fees For Certificate or Conditional Certificate of Compliance
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Certificate or Conditional Certificate of Compliance - Determination	$4,193

   1. Fee Waiver

      The above fee shall be waived when the Advisory Agency has approved a division of land and collected a fee without the requirement of a final map being filed with the Los Angeles County Recorder.

   2. Recordation Fee

      In every case, the applicant shall also pay a fee equal to the amount required by law for recording any certificate or conditional certificate of compliance issued in connection with the decision.

   3. Bureau of Engineering Fee

      Before acceptance for examination by the City Engineer, the Bureau of Engineering shall charge and collect a fee of $1,262 for the review and processing of each application for a Certificate of Compliance.

8. Mobile Home Park Impact Reports

   Fees For Mobile Home Park Impact Reports
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Mobile Home Park Impact Report (Sec. 13B.7.1.D.2.b.)	$24,769

   If no request for hearing is filed within the time periods set forth in Chapter IV. (Public Welfare), Article 7 (Miscellaneous), Sec. 47.09.D.5. (Request for Council Hearing), upon written demand by park management, a refund of $5,229 shall be made to park management.

9. Condominium Conversion for Subdivision & Parcel Maps

   1. Residential Dwellings

      Fees For Condominium Conversion for Subdivision & Parcel Maps (Residential Dwellings)
      Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
      Residential Dwelling Units
      1 to 4 Dwelling Units	$17,570
      5 to 49 Dwelling Units	$18,067
      50 to 99 Dwelling Units	$18,618
      100 Dwelling Units or More	$19,336
      Relocation Assistance Plan (Sec. 11.5.1.E.6.)	$3,089

   2. Commercial/Industrial

      Fees For Condominium Conversion for Subdivision & Parcel Maps (Commercial/Industrial)
      Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
      Commercial/Industrial
      Less than 50,000 square feet of floor area	$11,337
      50,000 to Less than 100,000 square feet of floor area	$11,668
      100,000 to Less than 250,000 square feet of floor area	$11,999
      250,000 square feet of floor area or More	$12,330

   3. Mixed-Use Projects Fee

      Where the project involves a combination of dwelling units, commercial, and/or industrial uses, the highest fee shall be charged at 100 percent, the second highest at 50 percent, and the third and subsequent fee at 25 percent. This fee discounting shall not apply to the surcharge required by the first unnumbered paragraph of Subdivision I.1. (Residential Dwellings) above.

10. Improvement Plans

    Engineering, checking and inspection fees shall be deposited with the City in accordance with the provisions of Chapter VI. (Public Works and Property), Sec. 62.109. (Class “A” Permit Fees) and Chapter VI. (Public Works and Property), Sec. 62.110 (Class “B” Permit Fees).

11. Appeals

    Each appeal of a tentative or final map shall be accompanied by the payment of a fee pursuant to Sec. 15.1.1.F. (Appeals Fees).

12. Modifications

    Each request for a modification of an approved tentative map or recorded final map shall be accompanied by the payment of the appropriate fee indicated in Subsection M. (Map Related Fees) below.

13. Map Related Fees

    Fees For Map Related Fees
    Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
    Other Map Related Fees
    Review of Revision of Tentative/Preliminary Map	$5,241
    Modification of Recorded Final Parcel Map or Final Tract Map (Sec. 13B.7.4.H. or Sec. 13B.7.6.H.)	$15,777
    Reversion to Acreage (Sec. 11.3.5.)	$15,612
    Time Extension for Maps (Sec. 13B.7.3. and Sec. 13B.7.5.)	$662
    Letter of Clarification or Correction (Applicant Initiated)	$5,296

14. Temporary Subdivision Signs

    Fees For Temporary Subdivision Signs
    Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
    Request for Approval to Erect Temporary Subdivision Directional Signs
    First Sign (Sec. 11.1.3.M.13.)	$221
    Each Additional Sign (Sec. 11.1.3.M.13.)	$221

    Prior to the erection of any signs authorized pursuant to any single application, the applicant shall deposit $100 with the Department of Building and Safety for the purposes of defraying any expense incurred by the City in the removal of the signs. This money shall be refunded on the expiration of the prescribed time period if all of the signs have been removed by the applicant, the owner of the signs, or the owner and the lessee of the property where the signs are placed.

15. Conversion Projects: Residential, Residential to Commercial/Industrial; Rental Housing Production

    FEES FOR CONVERSION PROJECTS: RESIDENTIAL, RESIDENTIAL TO COMMERCIAL/INDUSTRIAL; RENTAL HOUSING PRODUCTION
    Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
    Conversion Projects: Residential, Residential to Commercial/Industrial; Rental Housing Production (Sec. 11.5.1.I.)	$1,492

    1. As a condition of tentative map or preliminary parcel map approval, the Advisory Agency shall require that the applicant or their successor-in-interest pay a fee to the City as indicated in the table above for each unit in a residential or residential to commercial/industrial conversion project, based on the number of units in the project prior to conversion. For the year beginning July 1, 2008, and all subsequent years, the fee amount shall be adjusted on an annual basis pursuant to the formula set forth in Chapter XV. (Rent Stabilization), Sec. 151.06.D. (Automatic Adjustments). The adjusted amount shall be rounded to the nearest $50 increment. This fee shall be paid prior to approval of the final map by the City Engineer.

    2. All fees collected pursuant to this Subsection (Conversion Projects: Residential, Residential to Commercial/Industrial; Rental Housing Production) shall be deposited and held in the Rental Housing Production Account of the Los Angeles Housing Department, which account is hereby established to be administered by the Los Angeles Housing Department separately from all other money expended by the Department. Money in this account shall be used exclusively for the development of low- and moderate-income rental housing in the City, pursuant to guidelines carrying out this purpose prepared by the Department and approved by resolution of the City Council.

16. Deferred Placement of Monuments

    Pursuant to Sec. 11.3.1.D.3. (Deferment), when the placement of monuments is to be deferred, the Bureau of Engineering shall charge and collect a fee of $443 for the service of receiving and processing a bond to guarantee placement of the monuments.

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Div. 13B.8. (Historic Preservation).

In addition to any other fees set forth in this Article (Fees), the following fees shall be charged and collected by the permit granting authority in connection with the filing of all applications pursuant to Div. 13B.9. (Coastal Development) for coastal development permits.

1. Filing Fees for Environmental Impact Reports & Negative Declarations

   Where an environmental impact report or negative declaration is prepared for a project for which application for a coastal development permit has been made, a negative declaration or environmental impact report shall consider the effect of the project in light of the criteria established in Sec. 13B.9.1.D. (Decision) and Sec. 13B.9.1.E. (Standards for Review & Required Findings), and no additional charge shall be made. Where the underlying project is otherwise exempt from the preparation of a negative declaration or environmental impact report but either document is required for the coastal development permit, those fees set forth in Sec. 15.3.9. (Environmental Fees) shall be applicable, and shall be collected by the appropriate permit granting authority.

For the preparation and processing of required studies, analysis, reports, findings, mitigation measures, certifications, and notices under the California Environmental Quality Act (CEQA), all fees, deposits, and costs required in Subsection A. and Subsection B. below, shall be paid. All monies required to be paid in this Section (Environmental Fees), shall be paid to the Department of City Planning at the time the planning application is filed unless otherwise indicated in this Section (EnvironmentalFees). The determination of the necessary actions or clearance to comply with CEQA is at the City's discretion acting as the lead or responsible agency. Upon the applicant's failure to pay the fee, deposit, or cost when required in this Section (Environmental Fees), the City may stop or suspend work on any environmental review, or other work for which the fee, deposit, or cost is collected under this Section (Environmental Fees).

For any CEQA clearance that requires publication, as set forth in either the California Public Resources Code or this Code, the applicant is responsible for and shall pay all pass-through costs associated with publication, in addition to any other fees paid.

1. Categorical Exemptions (CEs), Statutory Exemptions (SEs), Negative Declarations (NDs)/Mitigated Negative Declarations (MNDs), Environmental Assessment Forms (EAFs) Housing Element EIR Project Clearance (HE Clearances), Sustainable Communities Project Exemption (SCPE), Sustainable Communities Environmental Assessment (SCEA), & Addenda for ND/MND

   All applicants requiring any type of CEQA clearance expressly listed in the table below (Fees for Non-EIR CEQA Clearance) shall pay the "Initial Intake Fee" and any corresponding fee identified for any of the CEQA clearances listed under the "Type of Application" column in that table.

   Fees For Non-EIR CEQA Clearances
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Initial Intake Fee (Environmental Application Form Intake Fee for All Categorical and Statutory Exemptions, Non-EIR Initial Studies (ND/MND), SCPEs, SCEAs, and Housing Element Project Streamlining Clearances	$1,214
   Corresponding Fee Based on Applicable CEQA Clearance in Addition to Initial Intake Fee:
   Categorical Exemption, Classes 1-31, Non-Hillside Class 3, 33	$0
   Categorical Exemption, Class 32 or Hillside Class 3	$5,020
   EAF / Initial Study Resulting in ND, MND, or Statutory Exemptions (unless specifically listed elsewhere in this table)	$12,600
   Subsequent Approval Review (CEQA Guidelines Sec. 15162.) or Addendum to ND, MND, or SCEA	$6,675
   Infill Housing Project Statutory Ecemption - Cal. Pub. Res. Code Section 21080.66	$1,986
   Housing Element EIR Project Clearance	$16,108
   SCPE or SCEA	$14,122

   In cases where revisions to the CEQA clearances identified in the table above (Fees for Non-EIR CEQA Clearance), the fees listed in the table below (Additional CEQA Fees) shall also apply.

   Additional CEQA Fees
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   CEQA Clearance Revisions Fee Limited to CEQA clearances listed in the table above (Fees for Non-EIR CEQA Clearance), excluding Categorical Exemptions	$2,207
   Revised Categorical Exemption	$1,269

2. Environmental Impact Reports & Other CEQA Clearances

   For any environmental impact report (EIR) (including but not limited to Supplemental, Subsequent, Tiered, and Focused) a subsequent approval clearance relying on a Certified EIR (that does not include the preparation of an EIR), and any CEQA clearance that is neither of the above or a clearance expressly listed in the table (Fees for Non-EIR CEQA Clearances or Additional CEQA Fees) in Subsection A. above (which shall be referred to as "Non-EIR CEQA Clearances"), the Applicant shall pay an initial deposit and the hourly review fees provided in the table in Paragraph 1. (Deposit) below, in the "Base Fee" column for the applicable "Type of Application".

   1. Deposit

      Any required deposit shall be paid at the time the applicant applies for the preparation of an EAF or applies for the particular CEQA clearance requiring the deposit, or at the time the City provides notice that the particular CEQA clearance requiring a deposit is required for the project. Payment of any hourly review fee required in this Subsection (Environmental Impact Reports & Other CEQA Clearances) shall be paid.

      Fees For EIRs and Other CEQA Clearances
      Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
      EIRs (this includes any type of EIR, including Focused Tiered, Supplemental, and Subsequent)	$15,000
      Other CEQA Clearance Initial Deposit	$10,000
      Review for Subsequent Approval Under Certified EIR (CEQA Guidelines Sec. 15162, 15163, 15164, and 15168) Initial Deposit	$7,500
      EIR (Any type including Supplemental Subsequent, Tiered, or Focused) Review Services (hourly)	$221
      Review Services (hourly)	$221
      Other CEQA Clearance Review Service (hourly)	$221

   2. Full Cost Recovery

      Notwithstanding the fees identified in Subsection A. above and this Subsection (Environmental Impact Reports & Other CEQA Clearances), the Applicant is responsible to pay for the City's actual costs associated with the City's actions to comply with CEQA in the processing of applications under Chapter I, Chapter 1A, and Chapter IX, and processing of all associated discretionary applications. To the extent the City's actual costs to comply with CEQA exceed the fees required to be paid above in Subsection A. and Paragraph 1. (Deposit) of this Subsection (Environmental Impact Reports & Other CEQA Clearances), the applicant shall pay the City for its actual costs at the hourly rate set for "Review Services" in Table 2, with the total amount of costs at the hourly rate to be offset by the fees collected pursuant to this Section (Environmental Fees). The City Planning Department shall calculate the actual costs and resultant fee and shall maintain appropriate accounting records of the actual costs. The Director of Planning shall resolve any dispute related to the fee. The Director shall include any cost incurred or attributed to the processing of appeals.

3. Preschool/Daycare Fees

   1. No fee shall be charged in connection with the processing of an initial study or filing of an EIR for any school: preschool/daycare which is determined to be non-profit, including, but not limited to, parent cooperatives and facilities funded by a governmental agency or owned or operated by a philanthropic institution, church, or similar institution. A facility funded by a governmental agency shall indicate the primary current and anticipated source of funds.

   2. Where any uncertainty exists as to the non-profit status of the facility, the applicant shall file a copy of the articles of incorporation or an affidavit showing, to the satisfaction of a Zoning Administrator, that the school: preschool/daycare will be non-profit.

The following fees shall be charged and collected , in connection with the corresponding applications filed pursuant to Div. 13B.12. (Redevelopment Procedures).

1. Fee Thresholds

   The following thresholds shall be used in determining which fees apply in the categories for Project Compliance:

   Fee Thresholds
   Fee Category	Thresholds
   Minor	Three or less signs or a change of use
   Major	All other projects not falling into the categories of Minor or Standard cases

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit), Sec. 13B.2.2. (Class 2 Conditional Use Permit), and Sec. 13B.2.3. (Class 3 Conditional Use Permit).

1. The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit), Sec. 13B.2.2. (Class 2 Conditional Use Permit), and Sec. 13B.2.3. (Class 3 Conditional Use Permit).

   Fees For Development Agreements
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Development Agreement Fee (Sec. 13B.2.1., Sec. 13B.2.2., and Sec. 13B.2.3.)	$33,155

2. In addition to the fees set forth above, the City may negotiate with the applicant for reimbursement of the actual costs to the City associated with administering the development agreement, pursuant to Sec. 5.121.9.3. (Supplemental Fee Agreements) of the LAAC. The actual costs assessed shall be offset by the fees collected as indicated in the table above.

A fee shall be charged and collected by the Department of Building and Safety pursuant to the fees established in Chapter IX. (Building Regulations) of this Code, to cover the cost of an annual inspection to monitor compliance with, and maintain records of, the covenant required pursuant to Sec. 2C.4.1.F.2. (Relief), Sec. 6C.1.2.F.2. (Relief), Sec. 9.2.1.D.8. (Averaging of Floor Area Ratio, Density, Parking or Lot Amenity Space), Sec. 9.3.2.D.4. (Averaging of Floor Area, Lot Amenity Space, Parking, & Density), Sec. 9.4.1.C.2.f. (Averaging of Floor Area Ratio, Parking), Sec. 9.4.5.D.1.e. (Unified Development), and Sec. 9.4.6.D.1.e. (Unified Development) of this Zoning Code (Chapter 1A).

Applicants for determinations by the Zoning Administrator for deviations pursuant to Sec. 1.6.1.D. (Restoration of Damaged or Destroyed Buildings) shall pay a fee as indicated in the table above.

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Div. 10.1. (Street Dedication & Improvement).

1. Street Dedication & Improvement Fees

   In addition to all other required fees, the following fees shall be charged for services provided for processing applications pursuant to the provisions of Div. 10.1. (Street Dedication & Improvement):

   1. A nonrefundable fee as set forth in Chapter I. (General Provisions and Zoning), Sec. 11.12. (Summary of Fees for Bureau of Engineering Services Pursuant to the Provisions of this Chapter) of this Code for every property requiring the City Engineer to investigate and determine whether the provisions of this Section (Streets Fees) require a dedication of land or improvement to land.

   2. A fee as set forth in Chapter I. (General Provisions and Zoning),Sec. 11.12. (Summary of Fees for Bureau of Engineering Services Pursuant to the Provisions of this Chapter) of this Code for Bureau of Engineering services for processing real estate transfer documents for every property for which the provisions of this Section (Streets Fees) require a dedication of land.

   3. A nonrefundable fee in the amount of $1,970 paid to the Department of City Planning for processing waiver requests pursuant to the provisions of Sec. 10.1.10. (Waiver & Appeals).

   4. A nonrefundable fee of $1,570 paid to the Department of City Planning for processing appeals pursuant to the provisions of Sec. 10.1.10. (Waiver & Appeals).

2. Waiver of Dedications & Improvements

   Fees For Waiver of Dedications & Improvements
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Waiver of Dedications and Improvements (Sec. 10.1.10.)	$9,323

3. Private Street Name Fees

   A nonrefundable application processing fee of $4,326 paid to the Bureau of Engineering for projects subject to Sec. 10.3.8. (Private Street Names).

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Sec. 13A.1.7.D.2. (Zoning Administrator Interpretation).

The following fees shall be charged for costs associated with implementation of Sec. 9.2.1. (Density Bonus):

Unless a fee exemption pursuant to Subsection A. (Fee Exemption) below applies, the following fees shall be charged and collected by the Los Angeles Housing Department (LAHD) for the preparation, enforcement, monitoring, and associated work relating to the affordable housing covenants required by Sec. 9.2.1. (Density Bonus), Sec. 9.2.2. (Affordable Housing Incentive Program), Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program), Sec. 9.2.4. (Corridor Transitions Incentive Program), Sec. 9.2.5. (Transit Oriented Incentive Program), and Sec. 9.3.2. (Local Affordable Housing Incentive Program), and Sec. 9.4.4.B.2. (Restricted Affordable Units).

1. Fee Exemption

   New projects subject to an affordable housing covenant wherein at least 50 percent of the units are restricted for use as permanent supportive housing shall be exempt from the fees marked above with an asterisk.

2. Fees In Existing Covenants

   Any owner or landlord of a project subject to an existing affordable housing covenant in effect prior to the effective date of the fees set forth in Sec. 15.4.2.A. (Fee Exemption) and which contains a conflicting monitoring fee amount, shall be subject to the fee set forth in the existing covenant.

3. Fees Due & Payable

   The fees shall be fully due and payable at the time of the request for service, except for the affordable housing monitoring fees, which may be paid pursuant to the options set forth in Subsection D. (Covenant Monitoring Fees) below.

4. Covenant Monitoring Fees

   The affordable housing covenant monitoring fees may be pre-paid in full at or before the time of the recording of an underlying affordable housing covenant, or billed annually to an owner or landlord upon the issuance of the Certificate of Occupancy for the project that is subject to an underlying affordable housing covenant.

5. Collection of Outstanding Fees

   The LAHD shall have the right to bring legal action in any court to collect the amount of any outstanding fees. The LAHD may make such rules and regulations as may be necessary to carry out the provisions of this Section (Fees For Enforcement Of Housing Covenants).

1. Definitions

   Terms shall have the meaning ascribed to them in Div. 14.3. (Glossary). For the purposes of this Section (Affordable Housing Linkage Fee) only, certain terms and words are defined as follows:

   Additional Housing Units: A net increase in the number of dwelling units or guest rooms to be added on a parcel or parcels of land by issuance of a building permit, after subtracting the number of dwelling units or guest rooms legally removed from the same parcel of real property during the year preceding the issuance of the building permit.

   Additional Non-Residential Floor Area: The net increase in the amount of non-residential floor area, as defined in Sec. 14.2.7. (Floor Area), to be added on a parcel or parcels of land by issuance of a building permit, less the amount of non-residential floor area legally removed from the same parcel of real property during the year preceding the issuance of the building permit.

   Applicant: Any individual, person, firm, partnership, association, joint venture, corporation, limited liability company, entity, combination of entities or authorized representative thereof, who undertakes, proposes or applies to the City for a planning or zoning entitlement approval or building permit related to a development project.

   Building Permit Application: Plans submitted to the Department of Building and Safety pursuant to Sec. 13B.10.1.B.2. (Vesting of Development Plan).

   Development Project: Any activity involving or requiring the issuance of a building permit that results in additional housing units, additional non-residential floor area, additional single-family residential floor area, or a change of use from non-residential to residential.

   Grocery Store: A project that is for a retail use of which greater than one half of the floor area is devoted to the sale of food items intended for consumption or use off the premises, excluding alcoholic beverages.

   Linkage Fee: The fee assessed, pursuant to this Section (Affordable Housing Linkage Fee), on certain development projects in order to mitigate the impact of the additional demand for affordable housing caused by such activity.

2. Applicability

   The regulations, requirements, and provisions of this Section (Affordable Housing Linkage Fee) shall apply to any development project. Unless a development project is exempt from this Section (Affordable Housing Linkage Fee), an applicant must pay to the City the required linkage fee as a condition of the building permit for which a building permit application has been submitted in order to mitigate the need for affordable housing that is generated by or attributable to such projects. The provisions of this Section (Affordable Housing Linkage Fee) are subject to the requirements set forth in California Government Code Sec. 66000, et seq.

   1. Exemptions

      The Department of Building and Safety shall determine whether any of the following exemptions apply to a development project based on documentation submitted by the applicant prior to the issuance of the building permit. The fee imposed by this Section (Affordable Housing Linkage Fee) shall not apply to construction that includes any the following:

      1. Less than 15,000 square feet of additional non-residential floor area in any non-residential building, other than parking garages and parking facilities, as determined by the Department of Building and Safety.

      2. Any for-sale or rental housing development project containing restricted affordable units where the following requirements are met:

         1. At least 40 percent of the total dwelling units are dedicated for moderate income households, or at least 20 percent of the total dwelling units are dedicated for low income households, or at least 11 percent of the total dwelling units are dedicated for very low income households, or at least eight percent of the total dwelling units are dedicated for extremely low income households; or the project is approved pursuant to Sec. 9.2.3. (Opportunity Corridors Housing Incentive Program), or Sec. 9.2.4. (Corridor Transitions Incentive Program), or Sec. 9.2.5. (Transit Oriented Incentive Program).

         2. The housing development project’s restricted affordable units are subject to a recorded affordability restriction of at least 55 to 99 years pursuant to Sec. 4C.15.3. (Restricted Affordable Units) from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the LAHD, and subject to fees as set forth in Sec. 15.4.2. (Fees for Enforcement of Housing Covenants). Such a covenant shall also subject projects using this exemption to the replacement policies in Sec. 4C.15.1. (Housing Projects that Result in the Demolition of Dwelling Units) or Sec. 4C.15.2. (Non-Housing Projects that Result in the Demolition of Dwelling Units), and to LAHD fees related to housing replacement determinations pursuant to state law, as set forth in this Zoning Code (Chapter 1A).

         3. For the purposes of this Section (Affordable Housing Linkage Fee), total dwelling units includes any units added by a density bonus or other land use incentive, consistent with the affordability levels defined in California Government Code Sec. 65915.

      3. Any development project being constructed by, or on behalf of: (1) a government or public institution such as a school, museum, homeless shelter, or other similar projects that are intended for community use; or (2) any private school that offers instruction in grades kindergarten through 12th grade.

      4. Any hospital.

      5. A single-unit detached home meeting one or more of the following conditions:

         1. Any addition of 1,500 square feet or less of floor area to an existing single-unit detached home located on a lot with an applied Residential Use District (Div. 5B.3.).

         2. New construction of any single-unit detached home located on a lot with an applied 1L Density District that is 1,500 square feet or less of floor area.

         3. Any replacement of a single-unit detached home resulting in a net increase of 1,500 square feet or less of floor area from the prior home that existed on the property.

      6. Either (1) an addition of 1,501 square feet or more of floor area to an existing single-unit detached home located on a lot with an applied 1L Density District, or (2) a replacement of a single-unit detached home resulting in a larger single-unit detached home with a net increase of 1,501 square feet or more of floor area from the prior home that existed on the property; provided, however, in either event, a covenant shall be recorded against the property prior to the issuance of a building permit for such addition or replacement requiring the owner of the property to pay the linkage fee if the home is sold within three years of the issuance of such building permit. The covenant shall automatically expire at the end of such three-year period, if no sale of the property has occurred during such three-year period. However, in the event of a sale of the property within such three-year period, the covenant shall not expire until a notice of covenant termination is recorded. A notice of covenant termination shall be provided by the City upon full payment of linkage fee due, based on the fee schedule in effect at the time of payment. The covenant shall run with the land and bind all successive owners of the property until the linkage fee is fully paid.

      7. An accessory dwelling unit as defined by California Government Code Sec. 65852.2.

      8. A residential project that is subject to a greater affordable housing fee requirement or is required to provide one or more physical housing units pursuant to the Mello Act as defined by California Government Code Sec. 65590-65590.1, in order to satisfy its inclusionary housing obligations. In that case, the residential component of the project shall be exempt from the linkage fee requirements of this Section (Affordable Housing Linkage Fee). Non-residential portions of mixed-use Coastal Zone projects shall be analyzed separately from residential portions of mixed-use projects for the purposes of the linkage fee requirements of this Section (Affordable Housing Linkage Fee). Non-residential portions of such projects shall be subject to this Section (Affordable Housing Linkage Fee). The provision of housing units or in-lieu fees to satisfy replacement housing obligations under the Mello Act, (as opposed to inclusionary housing obligations) shall not exempt a project from the linkage fee requirements of this Section (Affordable Housing Linkage Fees).

      9. A residential development project that is subject to affordable housing requirements pursuant to any land use policy or ordinance or development agreement that exceeds the linkage fee requirements of this Section (Affordable Housing Linkage Fee) in either fee amount or on-site affordable housing percentages provided in Subparagraph b. above.

      10. A residential development project that is subject to affordable housing and labor requirements pursuant to Chapter I. (General Provisions and Zoning), Sec. 11.5.11. (Affordable Housing) of this Code.

      11. Any grocery store, provided there is no existing grocery store within a 1/3 mile radius of the development project site.

      12. Any adaptive reuse project that is a designated historic-cultural monument and is being converted to a residential use.

   2. Protests, Adjustments & Waivers

      1. An applicant may protest the imposition of the linkage fee and request that the requirements of this Section (Affordable Housing Linkage Fee) be adjusted or waived pursuant to California Government Code Sec. 66020, et seq, based on a showing that the application of the requirements of this Division (Affordable Housing Program Fees) would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the development project. Protests shall be filed with the Director.

      2. On or before the date on which payment of the linkage fee is due, the applicant shall pay the amount required by this Section (Affordable Housing Linkage Fee) and serve a written notice to the Director with all of the following information: (1) a statement that the required payment is tendered, or will be tendered when due, under protest; and (2) a statement informing the Director of the factual elements of the dispute and the legal theory forming the basis for the protest or request for adjustment or waiver, along with the substantial evidence that supports the protest or request, including any supporting documentation. The protest must be filed at the time of approval or conditional approval of the development project or within 90 days after the imposition of the linkage fee. The City shall provide the applicant with written notice as required by California Government Code Sec. 66010(d)(1).

      3. If the Director determines that application of the requirements of this Section (Affordable Housing Linkage Fee) would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to a development project, the fee requirements shall be adjusted or waived to reduce the obligations under this Section (Affordable Housing Linkage Fee) to the extent necessary to avoid an unconstitutional result. The Director shall render a decision within 75 days from the date the protest was received.

      4. If an adjustment or waiver is granted, any change in the development project shall invalidate the adjustment or waiver. If the Director determines that no violation of the federal or state constitution would occur through application of this Section (Affordable Housing Linkage Fee), the requirements of this Section (Affordable Housing Linkage Fee) shall remain fully applicable.

      5. Failure of an applicant to comply with the protest requirements of this Section (Affordable Housing Linkage Fee) or California Government Code Sec. 66020, et seq., shall bar that applicant from any action or proceeding or any defense of invalidity or unreasonableness of the imposition of the linkage fee.

3. Fee Calculation

   1. The City Council shall adopt, by resolution, a linkage fee schedule based on an analysis of the cost of mitigating the impact of the additional demand for affordable housing caused by development projects, and on the varying levels of economic feasibility in different geographic areas of the City based on current market conditions. The City Council shall also adopt, by resolution, a map or maps establishing the respective market areas throughout the City that inform the amount of the linkage fee to be assessed for a given development project.

   2. For each development project, the linkage fee shall be calculated as the amount of new or added floor area in the development project devoted to the uses described in the linkage fee schedule, as determined by the Department of Building and Safety, multiplied by the amount of the applicable fee, as found in the most recent linkage fee schedule adopted by City Council, at the time the building permit for the development project is issued, minus any deductions or credits.

   3. Fee Adjustments and Reports

      1. Annual Inflation Adjustment

         The linkage fee shall be adjusted annually for inflation every 1st of July, by the Director in accordance with the latest change in year-over-year Consumer Price Index for Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County area, or if such index ceases to be published, by an equivalent index chosen by the Director. An updated linkage fee schedule shall be maintained by the Department of City Planning, which shall provide a copy of the adjusted schedule to the Mayor and City Council each year.

      2. Five-Year Market Area Adjustment

         Every five years, beginning on July 1, 2018, the Director, in association with LAHD shall undertake a new market area analysis and adjust market areas and geographies, where necessary, to reflect the most up to date rental and sales price information for each of the market areas. Any change to the linkage fee schedule other than the Annual Inflation Adjustment described in Paragraph a. (Annual Inflation Adjustment) above shall be adopted by resolution of the City Council.

   4. Deductions or Credits

      1. Change of Use

         If the development project is the result of a change of use from non-residential to residential, the linkage fee to be paid is the result of subtracting the equivalent fee amount that either was paid or would have been paid, based on the pre-existing use, from the fee amount required to be paid for the new use based on the most recent linkage fee schedule approved by the City Council. Deductions or credits shall not be applied to any portion of a development project comprised of additional floor area resulting from new construction. The calculation of a deduction or credit shall not result in a refund to an applicant or be applied as a credit to another development project in a different location.

      2. Affordable Housing Units

         Any restricted affordable units may be subtracted from the total number of dwelling units in a building in determining the required linkage fee.

      3. Mixed Use

         The first 15,000 square feet of non-residential use in a mixed-use building shall be excluded from the calculation of floor area for the purposes of determining the required linkage fee.

      4. Transfer of Floor Area Rights

         Any additional floor area that is obtained by a development project through the provision of public benefit payments pursuant to Sec. 9.3.5. (Transfer of Development Rights Programs) shall be excluded from the calculation of floor area for purposes of determining the linkage fee for the development project.

      5. Other Affordable Housing Requirements

         In calculating floor area for purposes of determining the linkage fee for a development project, the following shall be excluded from that calculation:

         1. The floor area of the residential portion of a mixed-use development project that is subject to affordable housing requirements pursuant to any land use policy or ordinance or development agreement that exceeds the linkage fee requirements of this Section (Affordable Housing Linkage Fee) in either fee amount or on-site affordable housing percentages provided in Sec. 15.4.3.B.1.b. (Exemptions) above.

         2. The floor area of the residential portion of a mixed-use development project that is subject to affordable housing and labor requirements pursuant to Chapter I. (General Provisions and Zoning), Sec. 11.5.11. (Affordable Housing) of this Code.

      6. Land Dedication

         If the Los Angeles Housing Department accepts, on behalf of the City, an offer by an applicant to dedicate land off-site from the proposed location of the development project for the purpose of building affordable housing, the value of the land to be dedicated, to be determined as the average of two independent appraisals funded by the applicant, may be deducted from the linkage fee amount owed for the applicant's development project. If the value of the dedicated land is more than the linkage fee owed for the applicant's development project, the City shall bear no responsibility for the difference in value, nor shall that overage be applied as a credit to any future development project.

   5. Payment of Linkage Fee

      The linkage fee is due and payable by the applicant prior to the issuance of a building permit for a development project. No additional fee shall be required for a project seeking an extension of an expired building permit application.

   6. Refunds of Linkage Fee

      Any fee paid under the provisions of this Section (Affordable Housing Linkage Fee) may be refunded to an applicant if the building permit application has expired and was not utilized to begin construction of a development project.

4. Severability

   If any provision of this Section (Affordable Housing Linkage Fee) is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Section (Affordable Housing Linkage Fee), which can be implemented without the invalid provisions and, to this end, the provisions of this Section (Affordable Housing Linkage Fee) are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of this Section (Affordable Housing Linkage Fee) would subsequently be declared invalid or unconstitutional.

1. The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Sec. 5C.3.2. (Home-Sharing Program).

   Fees For Home-Sharing
   Application Type	Base Fee	Annual Inflation Adjustment	Multiple Applications
   Home-Sharing Administrative Hearing (Sec. 5C.3.2. ; Sec. 13B.6.1. and Sec. 13B.6.2.)	$39,719
   Home-Sharing Application or Renewal (Sec. 5C.3.2. )	$441
   Extended Home-Sharing Administrative Clearance (Sec. 5C.3.2. )	$883
   Extended Home-Sharing Discretionary Review Application (Sec. 5C.3.2. )	$12,798
   Extended Home-Sharing Renewal (Sec. 5C.3.2. )	$883

2. The Department of City Planning shall cause all money collected pursuant to this Section (Home-Sharing Fees) to be deposited into the Short-Term Rental Enforcement Trust described in Sec. 5.576. (Creation and Administration of the Short-Term Rental Enforcement Trust Fund) of the LAAC for purposes of disbursement as permitted therein.

The following fees shall be charged and collected in connection with the corresponding applications filed pursuant to Sec. 5C.3.3. (Alcohol Sales Program).

1. Purpose

   This ordinance is intended to adopt the Transportation Improvement Assessment Fee (TIA Fee), TIA Fee Credits, TIA Fee exemptions, and TIA Fee Improvement list authorized in the West Los Angeles Transportation Improvement and Mitigation Specific Plan (WLA TIMP) pursuant to Ordinance Nos. 186,108 & 186,105 and the Coastal Transportation Corridor Specific Plan (CTCSP).

2. Definitions

   Terms in this ordinance shall be as defined in Section 4. of the WLA TIMP and the CTCSP, unless as provided otherwise herein.

3. Fee Schedule

   1. TIA Fees

      1. TIA Fee Amounts

         The TIA Fee for each land use category shall be as provided in the TIA Fee Table below, where:

         1. The unit of measurement is provided in the "Unit" column, "DU" refers to dwelling unit, and "SF" refers to square feet;

         2. The amount of TIA Fee per unit of measurement is provided in the "TIA Fee per Unit" column;

         3. The definition of the land use category is provided in the "Description" column; and,

         4. The term "Interpolate" refers to the mathematical definition of "interpolate." For retail uses greater than 250,000 square feet but less than or equal to 800,000 square feet, the TIA Fee per Unit shall be determined by interpolating between the other retail fee rates provided in the table. For office uses greater than 50,000 square feet but less than or equal to 250,000 square feet, the TIA Fee per Unit shall be determined by interpolating between the other office fee rates provided in the table.

            TIA fee table
            Land Use Category	Unit	TIA Fee per Unit	Description
            Residential Land Uses
            Single Family	DU	$8,847	Single family detached homes on individual lots, including homes created though Small Lot Subdivision process.
            Apartment	DU	$4,646	Multi-family rental units in a building 10 stories or less.
            High-Rise Apartment	DU	$2,804	Multi-family rental units in a building with more than 10 stories.
            Condominium/Townhouse	DU	$6,248	Multi-family units with individual ownership in buildings 10 stories or less.
            High-Rise Condominium/Townhouse	DU	$3,044	Multi-family units with individual ownership in buildings more than 10 stories.
            Affordable Dwelling Unit	DU	$0	Affordable Dwelling Unit as defined in Section 4 of the WLA TIMP and the CTCSP.
            Hotel	Room	$5,452	A use that provides sleeping accommodations and supporting facilities for short-term occupancy.
            Retail & Service Land Uses
            Retail ≤ 250,000 SF	1,000 SF	$13,347	Less than or equal to 250,000 SF of general retail uses, based on total square footage of retail uses on site. Retail uses are those uses typically found in shopping centers, and neighborhood centers, including but not limited to grocery stores, restaurants, and general retail shops.
            Retail > 250,000 SF - 800,000 SF	1,000 SF	Interpolate	More than 250,000 SF but less than 800,000 SF of retail uses, as defined above, based on total square footage of uses on site.
            Retail > 800,000 SF	1,000 SF	$16,897	More than 800,000 SF of general retail uses, as defined above based on total square footage of retail uses on site.
            Commercial Office & Medical Office Land Uses
            Office ≤ 50,000 SF	1,000 SF	$25,000	A building of 50,000 SF or smaller with office uses, including those with multiple tenants. Office uses include but are not limited to, businesses, commercial, or professional services, medical and dental office uses that provide outpatient care on a routine basis, and on-site cafeteria or café or retail services for use by on-site employees.
            Office > 50,000 SF - 250,000 SF	1,000 SF	Interpolate	A building greater than 50,000 SF but less than 250,000 SF for office uses (as defined above).
            Office > 250,000 SF	1,000 SF	$16,754	Buildings greater than 250,000 SF for office uses (as defined above).
            Industrial Land Uses
            Industrial	1,000 SF	$10,975	Facility that includes a mixture of two or more of the following: manufacturing, service facilities, or warehouse facilities.
            Manufacturing	1,000 SF	$9,426	Facility that is primarily devoted to the conversion of raw materials or parts into finished products; may include ancillary warehouse, office and research related functions.
            Warehouse	1,000 SF	$4,132	Facility that is primarily devoted to the storage of materials; including ancillary office and maintenance related functions.
            Mini-Warehouse	1,000 SF	$3,357	Self-storage facilities in which a number of storage units/vaults are rented for the storage of goods, including ancillary office and maintenance-related functions.
            Cargo Facilities	1,000 SF	$7,876	Cargo facilities associated with aviation uses on or adjacent to the LAX airport.
            Maintenance Facilities	1,000 SF	$2,195	Maintenance facilities associated with aviation uses on or adjacent to the LAX airport.

      2. Special Generators

         If the Los Angeles Department of Transportation (LADOT) determines that a proposed use cannot be classified under the land use categories listed in the TIA Fee Table, then LADOT shall calculate the fee as follows:

         1. Based on the land use category that is most similar to the proposed use; or if LADOT determines in its discretion that no land use category is similar,

         2. Based on the trip generation of the use, average trip length for the use, and pass-by trip rate of the use, and fee rate consistent with the methodology and rates in the Westside Mobility Plan Fee Study approved by the City Council to adopt the fees in the TIA Fee Table.

   2. Effective Date

      The TIA Fee became effective on July 8, 2019.

   3. Phased Implementation of the Residential TIA Fee

      The TIA Fee for Residential Land Uses (as those uses are defined in the TIA Fee Table), shall be phased based on when the project plans are submitted to the Los Angeles Department of Building and Safety, pursuant to Sec. 13B.10.1.B.2. (Vesting of Development Plan):

      1. For projects with plans submitted within the first 120 days following the effective date of the ordinance, no TIA Fee for Residential Land Uses shall be paid.

      2. For projects with plans submitted between 121 and 305 days following the effective date of the ordinance, 1/3 of the TIA Fee for Residential Land Uses (based on the fee schedule in effect at the time the plans are submitted) shall be imposed.

      3. For projects with plans submitted between 306 and 484 days following the effective date of the ordinance, 2/3 of the TIA Fee for Residential Land Uses (based on the fee schedule in effect at the time the plans are submitted) shall be paid.

      4. For projects with plans submitted 485 or more days following the effective date of the ordinance, the full TIA Fee for Residential Land Uses (based on the fee schedule in effect at the time the plans are submitted) shall be paid.

   4. Annual Indexing

      The TIA Fees shall be increased (or decreased) annually as follows: The Annual Index upon adoption of this ordinance shall be 1.000. The TIA Fee shall be increased (or decreased) as of January 1 of each year by the amount of the percent increase (or decrease) in the most recently available Construction Cost Index for the Los Angeles region, or equivalent index, as determined by LADOT. The revised Annual Index shall be published by LADOT in a newspaper of Citywide circulation or on the LADOT website before January 31 of each year.

   5. Appeal Filing Fee

      An appeal filed pursuant to Section 11.A. or B. of the WLA TIMP or the CTCSP shall be accompanied by a filing fee of $500 payable to LADOT or the Department of City Planning, as applicable.

4. Fee Exemptions, Calculations, & Credits

   1. TIA Fee Exemptions

      The following projects shall be exempt from payment of a TIA Fee:

      1. Any project exempt from the requirements of the CTCSP or WLA TIMP pursuant to Section 5.B. in the applicable Specific Plan;

      2. Affordable dwelling units, if they meet the criteria in Subsection 8.B.2.b. of the CTCSP and the WLA TIMP;

      3. One hundred percent affordable housing projects. For the purposes of this Section (Westside Mobility Transportation Fees), a "one hundred percent affordable housing project" means a project in which each residential unit in the project, exclusive of a manager unit or manager units, is an affordable dwelling unit. A one hundred percent affordable housing project may include on-site services or mixed commercial uses;

      4. Projects providing housing or services for persons experiencing homelessness, including but not limited to permanent supportive housing or temporary supportive housing projects, transitional housing projects, and supportive services;

      5. Accessory dwelling units to single-unit homes, commonly referred to as "granny flats;"

      6. Schools, public and private;

      7. Household business: family child care or school: preschool/daycare;

      8. Community assembly, and other buildings used for assembly, whether for religious or secular purposes;

      9. Any hospital: local or hospital: regional healthcare facility;

      10. Supportive housing: general. For the purposes of this Section (Westside Mobility Transportation Fees), the fee exemption shall only apply to senior care facility as enumerated in Sec. 9.4.3. (Senior Care Facilities Incentive Program);

      11. Park and Ride Facilities;

      12. Temporary uses of less than six months in duration based on a building permit where no extension of time is permitted;

      13. Governmental or public facilities defined as capital improvements and/or buildings or structures used for the operation of City, county, state or federal governments including, but not limited to, police and fire stations, government offices, government equipment yards, sanitation facilities, schools, parks, United States Federal Aviation Authority or Los Angeles World Airports (LAWA) administrative facilities, and other similar administrative facilities in which general government operations are conducted. Governmental or public facility does not include the use of publicly owned land, buildings, improvements or structures for private activities pursuant to lease agreements; and

      14. Projects on property owned by LAWA and used for aircraft operations (commercial or noncommercial) or airport operation facilities (such as, terminals and other passenger processing related facilities such as gate areas and non-commercial spaces of passenger transportation such as the Intermodal Transportation Facility), not including cargo facilities or maintenance facilities.

   2. TIA Fee Calculation

      The TIA Fee shall be calculated as follows:

      1. Total TIA Fee = (number of Units) x (TIA Fee per Unit)

      2. The type of Unit and the TIA Fee per Unit for the land use are identified in the TIA Fee Table in Sec. 15.6.1.C.1.a. (TIA Fee Amounts) above.

      3. For special generators, pursuant to Sec. 15.6.1.C.1.b. (Special Generators) above, the fee shall be calculated as provided in Sec. 15.6.1.C.1.b. (Special Generators) above.

   3. TIA Fee Credits

      1. Existing Land Use Credit

         The Fee Credit for existing uses, as provided in Section 8.A of the WLA TIMP and the CTCSP, shall be determined and calculated as follows:

         1. Existing land uses on a project site for which a TIA Fee was paid pursuant to Ordinance Nos. 160,394, 168,999, or 171,492 shall receive a Fee Credit based on the existing land uses for which a fee was previously paid; and

         2. For existing land uses that are not eligible for a credit under Sub-subparagraph i. above, a Fee Credit shall be given when requested by the applicant subject to all of the following:

            1. Applicants for projects seeking credits for existing uses must provide LADOT with documentation supporting the existence and duration of the use (such as, lease agreements, utility bills, or previous environmental reviews). LADOT will validate credits for existing uses based on the provided documentation.

            2. Fee Credits shall not be given for existing affordable dwelling units.

         3. If the existing use was active for at least six consecutive months during the past two years prior to submittal of plans to LADBS pursuant to Sec. 13B.10.1.B.2. (Vesting of Development Plan), a 100 percent credit will be granted for the existing use pursuant to the calculation below. The 100 percent credit is calculated as follows:

            1. Credit = (number of existing Units) x (TIA Fee per Unit)

            2. The type of Unit and the TIA Fee per Unit for each land use are identified in the TIA Fee Table in Paragraph C.1.a. (TIA Fee Amounts) above.

            3. For special generators, pursuant to Paragraph C.1.b. (Special Generators) above, the fee shall be calculated as provided in Paragraph C.1.b. (Special Generators) above.

         4. If the existing use was active for at least six consecutive months during the past four years prior to submittal of plans to LADBS pursuant to Sec. 13B.10.1.B.2. (Vesting of Development Plan), a 50 percent credit will be granted for the previous use. The 50 percent credit is calculated as follows:

            1. Credit = (number of existing Units) x (TIA Fee per Unit) x (.50)

            2. The type of Unit and the TIA Fee per Unit for the land use are identified in the TIA Fee Table in Sec. 15.6.1.C.1.a. (TIA Fee Amounts) above.

            3. For special generators, pursuant to Sec. 15.6.1.C.1.b. (Special Generators) above, the fee shall be calculated as provided in Sec. 15.6.1.C.1.b. (Special Generators) above.

      2. Affordable Housing Credit

         The Affordable Housing Fee Credit pursuant to Section 8.B.2. of the WLA TIMP and the CTCSP shall be calculated as follows:

         1. Calculation

            Credits shall be granted for each Affordable Dwelling Unit in an amount equal to the fee for two Apartment units, as shown in the TIA Fee Table in Sec. 15.6.1.C.1.a. (TIA Fee Amounts) above, as follows:

            1. Credit = (Affordable Dwelling Units) x (2 x [TIA Fee per Apartment Unit])

            2. The type of Unit and the TIA Fee per Unit for the land use are identified in the TIA Fee Table in Sec. 15.6.1.C.1.a. (TIA Fee Amounts) above.

            3. For special generators, pursuant to Sec. 15.6.1.C.1.b. (Special Generators) above, the fee shall be calculated as provided in Sec. 15.6.1.C.1.b. (Special Generators) above.

         2. Maximum Credits

            In no case shall the Affordable Housing Fee Credit exceed 50 percent of the TIA Fee for a project.

      3. Transit Oriented Development Credit

         The Transit Oriented Development Fee Credit pursuant to Section 8.B.3. of the WLA TIMP and the CTCSP shall be calculated as follows:

         1. A project on a parcel within 1/2 mile of a transit station or stop serving a Dedicated Transit Line is eligible for a five percent Fee Credit; or

         2. A project with a pedestrian entrance within 1/4 mile walking distance to a transit station or stop serving a Dedicated Transit Line is eligible for a 10 percent fee credit.

            The applicant is required to submit a map subject to LADOT review and approval, showing the project is eligible for a Transit Oriented Development Fee Credit.

      4. No Credit for Administrative Costs

         Notwithstanding the above, no credit shall be granted for that portion of the TIA Fee for the administrative costs of the TIA Fee program (five percent of total fee).

5. Transportation Improvement Project List

   1. The City Council shall adopt by resolution a list of TIA Fee Improvements as described in Section 6.B. of the WLA TIMP and the CTCSP that meet the purposes identified in Section 3 of the Specific Plans and are consistent with the most recently adopted fee study. The City Council may amend the resolution from time to time or approve the use of TIA Fee monies for transportation improvements not on the list of TIA Fee Improvements subject to the procedures in this Subsection (Transportation Improvement Project List).

   2. The list of TIA Fee Improvements shall include improvements in all of the following four categories:

      1. Transit

         A transit improvement is an improvement that encourages or supports the use of transit.

      2. Active Transportation

         An active transportation improvement is an improvement that encourages or supports the use of biking and walking, and other forms of active transportation.

      3. Roadway

         A roadway improvement is an improvement that improves or maintains vehicular movement in the circulation system.

      4. Trip Reduction

         A trip reduction improvement is an improvement that decreases vehicle miles traveled.

   3. Updating the List of TIA Fee Improvements. Upon recommendation of LADOT or the Department of City Planning, the City Council may amend the resolution and list of TIA Fee Improvements adopted pursuant to Paragraph 1. above, provided the following criteria are met:

      1. The improvement achieves the purposes described in Section 3 of the CTCSP or the WLA TIMP; and

      2. The improvement fulfills the transportation objectives of the improvement which it is to replace, including falling within the same category of improvement as identified in Paragraph 2. above and at least one of the same type of project improvements existing in that category; and

      3. The improvement meets at least one of the following:

         1. The improvement implements one or more goals, objectives and policies of the Mobility Plan 2035; and/or

         2. The improvement is feasible and the planning and engineering is advanced enough that with sufficient funding or funds to meet a funding gap, construction can begin in the near future, (i.e., "shovel ready"); and/or

         3. The improvement does not hinder equitable geographic distribution of transportation projects within the Specific Plan geographies.

   4. Funding Transportation Improvements that are not on the Approved List of TIA Fee Improvements. The City Council may by resolution allocate TIA Fee funds for an improvement project that is not included on the approved list of TIA Fee Improvements without amending the resolution adopted under Paragraph 1. above, provided the improvement meets the relevant criteria in Paragraph 3. above.

6. Administration

   1. Guidelines

      The General Manager of the LADOT may adopt guidelines to implement the WLA TIMP and CTCSP TIA Fee programs consistent with the Specific Plans and this Section (Westside Mobility Transportation Fees).

   2. Reporting Template

      LADOT may develop a reporting template for the fee monitoring report. The template may include, but is not limited to, TIA Fee revenues, interest revenues, trust fund administration, encumbered monies, and expended monies.

7. Use of TIA Fees

   1. Administrative Costs

      Up to five percent of TIA Fees may be used for administrative costs each year.

   2. Prohibited Use of TIA Fee Monies

      TIA Fee monies shall not be used for any of the following:

      1. Improvements which do not provide a regional or sub-regional transportation benefit;

      2. Project Serving Improvements;

      3. Financing of any transportation improvement which is not of direct benefit to the Specific Plan area from which the TIA Fee was collected;

      4. Substituting for other transportation monies which have been allocated to the Specific Plan area;

      5. Operation and maintenance costs;

      6. Curb, driveway, gutter, trees, street lights/power poles and sidewalk construction or repair, except as part of a transportation improvement pursuant to the Specific Plan;

      7. Off-street parking facilities, except in conjunction with a TDM program;

      8. Alley improvements; and

      9. Private streets.

8. Severability

   If any portion, Subsection, sentence, clause or phrase of this Division (Transportation Improvement & Mitigation Program Fees) is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Division (Transportation Improvement & Mitigation Program Fees). The City Council hereby declares that it would have passed this Section (Westside Mobility Transportation Fees) and each portion or Subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, Subsections, sentences, clauses or phrases be declared invalid.

1. Surcharge

   There shall be added to each fee imposed for any permit, license, or application provided for in this Article (Fees), a surcharge in an amount equal to the greater of three percent of the fee or $1.00.

2. BuildLA Increase

   The previous surcharge amount of two percent is increased solely to pay for the $21.76 million cost of developing and implementing BuildLA, a comprehensive enterprise-wide development services system, and shall not be used to pay for ongoing BuildLA costs, such as maintenance or system hosting services.

3. BuildLA Increase Reversion

   The surcharge shall be returned to the greater of two percent or $1.00 when the City Administrative Officer determines the surcharge increase has recovered the $21.76 million cost of BuildLA.

1. Operating Surcharge

   There shall be added to each fee imposed for any permit, plan check, license or application provided for in this Zoning Code (Chapter 1A) a surcharge in an amount equal to the greater of seven percent of the fee or $1.00, except that any other surcharge shall be excluded from the computation of this surcharge. Moneys received from this surcharge shall be deposited and maintained in the City Planning Systems Development Fund pursuant to Sec. 5.457. (Creation and Administration of the Fund) of the LAAC for the maintenance and operation of automated systems. Exempted from this surcharge are all fees and costs imposed pursuant to Div. 10.1. (Street Dedication & Improvement).

2. Development Surcharge

   There shall be added to each fee imposed for any permit, plan check, license or application provided for in this Zoning Code (Chapter 1A) an automated systems development surcharge in an amount equal to the greater of six percent of the fee or $1.00, except that any other surcharge shall be excluded from the computation of this surcharge. Moneys received from this surcharge shall be deposited into the City Planning Systems Development Fund pursuant to Sec. 5.457. (Creation and Administration of the Fund) of the LAAC. Exempted from this surcharge are all fees and costs imposed pursuant to Div. 10.1. (Street Dedication & Improvement).

There shall be added to each fee imposed for any permit, plan check, license or application, provided in this Zoning Code (Chapter 1A), a surcharge in an amount equal to the greater of seven percent of the fee or $1.00, except that any other surcharge shall be excluded from the computation of this surcharge. Monies received from this surcharge shall be deposited into the Department of City Planning Long-Range Planning Special Revenue Trust Fund. The monies received pursuant to this Section (General Plan Maintenance Surcharge For The Department) shall be used for maintenance of the City's General Plan and all associated underlying plans or elements, ordinances, and other associated planning initiatives. 50 percent of the monies received, after the effective date of this ordinance, shall be used for costs directly related to updating the City's 34 Community Plans. Exempted from this surcharge are all fees and costs imposed pursuant to Div. 10.1. (Street Dedication & Improvement).

An administrative fine of $250.00 may be collected by the Department of Building and Safety for any violation of the household business: home occupation standards as established in Part 5B. (Use Districts) and administrative fines of $500.00 may be collected for repeated violations pursuant to the following provisions. These administrative fine provisions are in addition to any other fines and penalties authorized by law.

1. Order to Comply

   For any use found to be in violation of the household business: home occupation standards as established in Part 5B. (Use Districts), the Superintendent of the Department of Building and Safety shall send an Order to Comply to the operator of the household business: home occupation use. The Order to Comply shall clearly state the following:

   1. The violation must be corrected by a Compliance Date specified in the Order, which date shall be no more than 15 days from the date the Order is mailed.

   2. Failure to correct the violation on or before the Compliance Date may result in the imposition of an administrative fine in the amount of $250.00.

2. Reinspection

   The Superintendent shall reinspect a property for which an Order to Comply was issued pursuant to this Section (Home Occupation Fines) subsequent to the Compliance Date.

3. Failure to Correct Violation

   1. If any violation specified in the Order to Comply is not corrected prior to the Compliance Date as specified in the Order to Comply, an administrative fine of $250.00 may be collected by the Department of Building and Safety.

   2. If the Department of Building and Safety determines that a fine is due, then it shall notify the person cited by United States Postal Service mail in a sealed envelope, with postage paid. If the person cited is the owner of the property, the notice shall be addressed to the last known address of the owner as that address appears in the last equalized assessment roll. If the person to be cited is a tenant, the notice shall be addressed to the location where the household business: home occupation is being conducted. Service of the notice shall be deemed to have been completed at the time of deposit with the United States Postal Service.

   3. The person cited shall remit the fine to the Department of Building and Safety within 30 days after the date of mailing of the notice. If the person cited fails to do so, then the Department of Building and Safety, by sending a second notification by certified mail, may demand payment of the fine from the person cited and may prohibit the issuance of any building permit, license or approval to the cited persons until such fees are paid.

4. Repeated Violations

   Regardless of any provision of this Section (Home Occupation Fines) to the contrary, if an Order to Comply is issued for a violation of the household business: home occupation standards as established in Part 5B. (Use Districts), and after compliance with it a subsequent Order to Comply is issued for a violation of the same Section of Part 5B. (Use Districts) occurring within one year of the date of the initial Order, an administrative fine of $500.00 may be collected by the Department of Building and Safety.

5. Discontinuance of Use

   1. Three violations of any household business: home occupation standards as established in Part 5B. (Use Districts) which has resulted in an Order to Comply being issued under Subsection A. (Order to Comply) above may result in the imposition of proceedings to discontinue the household business: home occupation use. The Director shall have jurisdiction to discontinue a household business: home occupation use by giving notice to the record owner of the household business: home occupation by issuing A Notice of Intention to Discontinue the Home Occupation (Notice). The Notice shall provide an opportunity for the household business: home occupation user to either:

      1. Submit information to the Director by a date certain to show cause why the household business: home occupation should not be discontinued; or

      2. Appear at a time and place before the Director pursuant to the procedures prescribed in Div. 13B.2. (Quasi-Judicial Review) to show cause why the household business: home occupation use should not be discontinued.

   2. Upon the expiration of the time periods set forth in the Notice, the Director may discontinue the household business: home occupation use.

An administrative fine of $250.00 may be collected by the Department of Building and Safety for any violation of the provisions of this Section (Recycling Facilities Fines) pursuant to the following provisions.

1. Order to Comply

   For any use found to be in violation of the recycling facility standards as established in Part 5B. (Use Districts), the Superintendent of the Department of Building and Safety shall send an Order to Comply to the operator of the recycling facility use. The Order to Comply shall clearly state the following:

   1. The violation must be corrected by a Compliance Date specified in the Order, which date shall be no more than 15 days from the date the Order is mailed.

   2. Failure to correct the violation on or before the Compliance Date may result in the imposition of an administrative fine in the amount of $250.00.

   3. Repeated violations can result in nuisance abatement procedures under the provisions of the Zoning Code (Chapter 1A).

2. Reinspection

   The Superintendent shall reinspect a property for which an Order to Comply was issued pursuant to this Section (Recycling Facilities Fines) subsequent to the Compliance Date.

3. Failure to Correct Violation

   1. If any violation specified in the Order to Comply is not corrected prior to the Compliance Date as specified in the Order to Comply, an administrative fine of $250.00 may be collected by the Department of Building and Safety.

   2. If the Department of Building and Safety determines that a fine is due, then it shall notify the person cited by United States mail in a sealed envelope, with postage paid. If the person cited is the owner of the property, the notice shall be addressed to the last known address of the owner as that address appears in the last equalized assessment roll. If the person to be cited is a tenant, the notice shall be addressed to the location where the household business: home occupation is being conducted. Service of the notice shall be deemed to have been completed at the time of deposit with the United States Postal Service.

   3. The person cited shall remit the fine to the Department of Building and Safety within 30 days after the date of mailing of the notice. If the person cited fails to do so, then the Department of Building and Safety, by sending a second notification by certified mail, may demand payment of the fine from the person cited and may prohibit the issuance of any building permit, license or approval to the cited persons until such fees are paid.

4. Appeals

   Appeals may be made from a Notice to Comply issued by the Department of Building and Safety pursuant to this Subsection (Appeals) pursuant to Sec. 13B.10.2. (Appeals from LADBS Determinations).

Fines as established in Sec. 5C.3.2.H. (Enforcement of Violations) shall be imposed for any of the violations established in that Subsection.

1. Basic Review Fee

   Except for services subject to the provisions of Subsection B. (Reviews or Services Requiring Additional Staff Time of 16 or Fewer Hours) or Subsection C. (Reviews or Services Requiring Additional Staff Time of More than 16 Hours) below, the Bureau of Engineering shall charge and collect a fee of $273 to perform each of the following services pertaining to Flood Hazard compliance:

   1. Flood Hazard Compliance Check Fee

      Review to verify that a permitted project would or does comply with the requirements of the Los Angeles Specific Plan for the Management of Flood Hazards and the National Flood Insurance Program.

   2. Elevation Certificate Processing Fee

      Process an Elevation Certificate for building permits located in floodplain zones, in compliance with the requirements of the Los Angeles Specific Plan for the Management of Flood Hazards and the National Flood Insurance Program.

   3. Floodproofing Certificate Processing

      Process a Floodproofing Certificate for a commercial project or a non-single-family development proposed in a floodplain zone, in compliance with the requirements of the Los Angeles Specific Plan for the Management of Flood Hazards and the National Flood Insurance Program.

   4. Letter of Map Change/Conditional Letter of Map Change Processing

      Process a Conditional Letter of Map Revision, Conditional Letter of Map Amendment, Letter of Map Revisions, or Letter of Map Amendment.

2. Reviews or Services Requiring Additional Staff Time of 16 or Fewer Hours

   For all Bureau of Engineering services identified in Subsection A. (Basic Review Fee) above, for which a fee of $273 is charged, and which will require Bureau staff to review plans or surveys, or take other action in addition to that normally required to accomplish the task for which the $273 fee is charged, the Bureau shall charge and collect a fee pursuant to the provisions of Chapter VI. (Public works and Property), Sec. 61.14. (Special Engineering Fee) of this Code, except for reviews or services provided pursuant to the provisions of Subsection C. (Reviews or Services Requiring Additional Staff Time of More than 16 Hours) below.

3. Reviews or Services Requiring Additional Staff Time of More than 16 Hours

   For all Bureau of Engineering services identified in Subsection A. (Basic Review Fee) above for which a fee of $273 is charged, and which will require Bureau staff to review plans or surveys, or take other action, and where Bureau staff will be required to provide more than 16 hours of staff time in addition to that normally required to accomplish the task for which the $273 fee is charged, the Bureau shall charge and collect actual Bureau of Engineering costs and a deposit for such costs as determined and collected pursuant to the provisions of Chapter VI. (Public Works and Property), Sec. 61.15. (Actual Cost Special Engineering Services).

4. All Fees To Be Paid Prior Issuance of any to Bureau of Engineering Action

   The Bureau of Engineering shall not issue any approval or decision with respect to any matter for which this Section (Fees For Flood Hazard Reports & Compliance Checks) requires payment to the Bureau until all monies owed pursuant to the provisions of this Section (Fees For Flood Hazard Reports & Compliance Checks) are paid.

The following specific fees shall be paid to the Department of Transportation for the preparation and processing of traffic reports, clearance of conditions and permit sign-offs in connection with obtaining any environmental clearance and/or permit issuance related tasks.

1. Transportation Review Fee Fund

   Each fee collected pursuant to this Section (Department of Transportation Development Fees) shall include a flat technology support fee to be deposited into “Transportation Review Fee Fund No. 50Y.” This fund shall be used exclusively by the Department of Transportation to provide funding for the continual enhancement of development review-related information technology systems and for the procurement costs associated with equipment, software, materials, staff training, and, if needed, consultant services. With the exception of the flat technology support fee deposited into Transportation Fee Fund No. 50Y, the remaining fees collected shall be credited to the General Fund. The technology support fee, which is included in the fees listed above, is applied as follows: $100 for Department review services that cost under $1,000; $300 for services between $1,000 and $3,000; and $500 for services that are $3,000 or more.

2. Engineering Services

   The Department of Transportation shall offer engineering services for unique services that take under 10 hours to complete. These engineering services include, but are not limited to, providing access to signal timing charts, gathering related project lists, performing field engineering work related to a Traffic Control Plan, conducting Short Term Worksite Traffic Control Plan Review (72 hours or less), inspecting sites, etc. A charge of $155 shall be assessed for each hour of services, or a proportional fee for each fractional hour.

3. Planning Services

   The Department of Transportation shall offer planning services for unique services that take under 10 hours to complete. These planning services include, but are not limited to, providing access to forecasted and empirical travel data and travel diagnostics for a specific defined area. A charge of $145 shall be assessed for each hour of services, or a proportional fee for each fractional hour.

4. Expedited Services

   The Department of Transportation shall offer expedited services in the review of any of the processes listed above, including transportation assessments, Site TDM Plans, and B-permit design plans. Project applicants can choose to pay a higher review fee to allow Department of Transportation staff to work overtime hours to expedite their review. The actual review fee to process a transportation assessment, which will be greater than the standard transportation assessment review fee, will be determined by the Department during the preparation of the Transportation Assessment MOU executed between the Department and the applicant’s representative. The fee shall be based on the applicant’s desired completion date, the availability of staff to work overtime, and the affected division’s workload. During times of peak workloads, the expedited review fee may be utilized by the Department to procure an outside firm from the Department’s pre-screened list of consultants to conduct the review of the assessment. Similarly, the actual fee to process Long-Term Worksite Traffic Control Plans (over 72 hours) or B-permit design plans shall be established by the Department at the predesign meeting with the applicant’s representative.

5. Fee Revisions

   The Department of Transportation shall provide an annual review of the fees established pursuant to this Section (Department of Transportation Development Fees), and shall submit recommendations for changes in these fees for special services to the City Council. The fees shall be revised by the Department of Transportation to account for any staff salary cost of living adjustments. Notice of any increased fees shall be in accordance with California Government Code Secs. 66018 and 6062a.

The following fees shall be paid to the Department of Recreation and Parks. Current figures are located in the Department of Recreation and Parks (RAP) Rate and Fee Schedule.

1. Subdivision (Quimby In-Lieu) Fee

   1. At effective date of ordinance: $7,500, adjusted for inflation pursuant to Sec. 10.4.5.D. (Indexing).

   2. First annual RAP rate and fee schedule update after effective date of ordinance: The prior year's fee amount plus $2,500, adjusted for inflation pursuant to Sec. 10.4.5.D. (Indexing).

   3. Each subsequent annual RAP rate and fee schedule update: The fee of the previous year, adjusted for inflation pursuant to Sec. 10.4.5.D. (Indexing).

2. Non-Subdivision (Park Mitigation) Fee

   1. At effective date of ordinance: $2,500, adjusted for inflation pursuant to Sec. 10.4.5.D. (Indexing).

   2. First annual RAP rate and fee schedule update after effective date of ordinance: The prior year's fee amount plus $2,500, adjusted for inflation pursuant to Sec. 10.4.5.D. (Indexing).

   3. Each subsequent annual RAP rate and fee schedule update: The fee of the previous year, adjusted for inflation pursuant to Sec. 10.4.5.D. (Indexing).

The operator of a sale of Christmas trees shall post a $200 cleanup deposit with the Office of the City Clerk prior to any lot preparation or sales.

1. Purpose

   The Downtown Community Benefits Fee (Downtown CBF) is a voluntary fee paid in exchange for development incentives provided in the Community Benefits Program Subarea of the Downtown Community Plan Implementation Overlay (Downtown CPIO) District and collected to fund public amenities, programs, and services that benefit disadvantaged communities within the Downtown Community Plan Area and the areas within its 1.5-mile radius.

2. Applicability

   A project located in the Downtown CPIO District Community Benefits Subarea (Subarea A) is eligible to pay the fee (Downtown CBF) described in this Subsection (Applicability), provided all applicable requirements in the Downtown CPIO District are met.

3. Definitions

   Whenever the following terms are used in this Section (Downtown Community Benefits Fee), they shall be construed as defined below. Words or phrases not defined in this Section (Downtown Community Benefits Fee) shall be construed as defined in this Chapter or the Downtown CPIO.

   Applicant is defined as any individual, person, firm, partnership, association, joint venture, corporation, limited liability company, entity, combination of any of the above, or an authorized representative of any of the above, who submits a proposal for a Downtown Community Benefits Project for consideration to receive funding allocation from the Downtown Community Benefits Trust Fund.

   Downtown Community Benefits Area is defined as the area within the boundaries of the Downtown Community Plan and the area within its 1.5-mile radius. Any site of contiguous ownership that is partially within a 1.5-mile radius of the Downtown Community Plan Area, shall be considered part of the Downtown Community Benefits Area.

   Downtown Community Benefits Fee (Downtown CBF) is defined as the fee calculated pursuant to Subsection D. (Fees) below.

   Downtown Community Benefits Project is defined as a public amenity, program, or service, authorized for use of the Downtown CBF monies pursuant to Subsection H. (Eligible Community Benefits Project) below.

   Downtown Community Benefits Trust Fund (Downtown CBTF) is defined as the trust fund established in Sec. 5.115.19. (Downtown Community Benefits Trust Fund) of the LAAC.

4. Fees

   1. Fee Rate

      The Downtown CBF shall be 50 dollars per square foot of additional floor area incentive granted, up to the project’s maximum bonus floor area ratio (FAR), subject to an annual adjustment pursuant to Paragraph 3. (Annual Indexing) below.

   2. Time of Fee Payment

      The Downtown CBF shall be paid prior to the issuance of any CPIO Approval for a project seeking development incentives under Section II-6 (Community Benefits Fund Incentive) of the Downtown CPIO District.

   3. Annual Indexing

      The Downtown CBF rate shall be adjusted as follows:

      1. The fee shall be increased (or decreased) as of July 1 of each year by the amount of the percent increase (or decrease) in the Engineering News-Record (“ENR”) Building Cost Index for Los Angeles, or other comparable City Building Cost Index as determined by the Department of City Planning.

      2. If the Department of City Planning determines that the City’s Building Cost Index described in Subparagraph a. above, does not adequately reflect the actual increase or decrease in costs, then the Department of City Planning shall recommend to the City Council, based on a written report, that the City Council adopt different cost figures for purposes of this Section (Downtown Community Benefits Fee). Upon receipt of a report, and after public hearing, the City Council may, by resolution, adopt these different cost figures to be used for the annual adjustment of the Downtown CBF.

   4. Community Benefits Trust Fund

      All Downtown CBF monies shall be deposited into the Downtown Community Benefits Trust Fund (Downtown CBTF), established in Sec. 5.115.19. (Downtown Community Benefits Trust Fund) of the LAAC, and shall be used to award Downtown Community Benefits Projects pursuant to this Section (Downtown Community Benefits Fee).

5. Downtown CBF Oversight Committee

   1. Establishment

      The Downtown Community Benefit Fund Oversight Committee (Oversight Committee) is hereby established for the purpose of making recommendations for the appropriate disbursement of the monies in the Downtown CBTF consistent with this Section (Downtown Community Benefits Fee).

   2. Membership

      The Oversight Committee shall be composed of members who meet the requirements in the by-laws adopted by the Oversight Committee pursuant to Paragraph 3. (By-laws), below, and the following criteria:

      1. One official or employee, from each of the following City offices or departments:

         1. The Mayor’s Office, (appointed by the Mayor);

         2. The Office of the City Administrative Officer (appointed by the City Administrative Officer);

         3. The Office of the Chief Legislative Analyst (appointed by the Chief Legislative Analyst);

         4. Department of City Planning (appointed by the Director of City Planning);

         5. LAHD (appointed by the General Manager of LAHD); and

      2. Public members, to be appointed as follows:

         1. One public member, appointed by each Council District within the Downtown Community Plan area to serve as representative stakeholders from the Downtown Community Plan area;

         2. One public member, appointed by the Mayor’s Office to serve as a representative stakeholder from the Downtown Community Plan area; and

         3. Three “lived experience” public members who serve as representatives of Downtown’s multiple neighborhoods and have been affected by the affordable housing and eviction crisis. These members will apply and be selected by the other members and shall reside in the Downtown Community Benefits Area.

   3. By-Laws

      The Oversight Committee, once comprised, shall adopt by-laws to establish criteria and the process for the appointment and selection of the public members of the Oversight Committee consistent with this Section (Downtown Community Benefits Fee); Oversight Committee membership terms; meeting schedules; training program(s); application requirements for seeking Downtown CBTF monies; procedures for use of awarded Downtown CBTF monies; and other roles and responsibilities of the Oversight Committee.

   4. Authority

      The Oversight Committee shall make recommendations to the City Council on the approval, approval with conditions, or disapproval of a proposed Downtown Community Benefit Project with the recommendation to be based solely upon the degree that the project complies with the findings in Subsection G. (Findings) below.

   5. Meetings

      This Chief Legislative Analyst shall convene the Downtown Community Benefit Oversight Committee within six months of receipt of Downtown CBF monies into the Downtown CBTF. All Oversight Committee meetings shall be open to the public and comply with California Government Code, Title 5, Sec. 54950 (Ralph M. Brown Act).

6. Procedure For Awarding Downtown CBTF Funds

   1. Application

      An application for a Downtown CBTF award for a Downtown Community Benefit Project shall be filed with the Department of City Planning. The Director of City Planning shall prepare and make available the application for an award of Downtown CBTF monies, subject to the requirements of the Oversight Committee by-laws, if any.

   2. Oversight Committee Application Review

      The Oversight Committee shall review all applications that comply with any requirements established by the Oversight Committee by-laws.

   3. Oversight Committee Recommendations

      The Oversight Committee may recommend to the City Council to disburse Downtown CBTF monies for any application for which the Oversight Committee has made written findings that meet the requirements of Subsection G. (Findings) below. In prioritizing multiple applications during a disbursement period that seek greater monies than available, the Oversight Committee shall give priority to Downtown Community Benefit Projects within the Downtown Community Plan area over those projects in the Downtown Community Benefits Area but outside of the Downtown Community Plan area.

   4. Council Action

      The City Council shall consider any recommendations of the Oversight Committee to disburse Downtown CBTF monies to a Downtown Community Benefit Project. The City Council shall award Downtown CBTF monies by resolution provided monies are available in the Downtown CBTF and the Oversight Committee has recommended granting the monies to the Downtown Community Benefit Project with written findings that meet the requirements of Subsection G. (Findings) below.

7. Findings

   Prior to making any recommendation to the City Council for the award of Downtown CBTF monies for a Downtown Community Benefit Project, the Oversight Committee must make all of the following findings, as applicable:

   1. The Downtown Community Benefit Project is in conformance with the Downtown Community Plan, zoning, and any other relevant guidelines or other policy documents adopted pursuant to the City Charter or this Code.

   2. The Downtown Community Benefit Project is eligible for Downtown CBTF monies as identified in Subsection H. (Eligible Community Benefits Projects) below;

   3. The Downtown Community Benefit Project serves a need or service that is not adequately available within 1.5 mile of the site of the Downtown Community Benefit Project;

   4. The Downtown Community Benefit Project is located in the Downtown Community Benefits Area;

   5. The Downtown Community Benefit Project is located in an area with a higher “Population Characteristics Percentile” score, as indicated in the “CalEnviroScreen,” in comparison to other Downtown Community Benefit Project applications. In the event this score is not available, a proposed Downtown Community Benefit Project in an area with lower educational attainment, higher housing cost burden, higher linguistic isolation, higher poverty, and higher unemployment scores as identified in the most recent American Community Survey data by the US Census Bureau, shall receive priority over other proposed Community Benefit Projects;

   6. The applicant has provided adequate assurances, covenants, and/or documentation, to ensure the Downtown Community Benefit Project will do the following, as applicable:

      1. Funds will be expended within three years of receipt pursuant to any process established in the Oversight Committee by-laws.

      2. If Downtown CBF monies are proposed for at-risk affordable units pursuant to Subsections H. (Eligible Community Benefits Project) below, covenants guaranteeing affordability to acutely low households, extremely low households, very low households, or low-income households will be recorded in a manner consistent with Sec. 9.2.1.D.3. (Records and Agreements). If existing tenants do not meet the income restriction above, the unit shall not be income restricted until the unit is vacant.

      3. If Downtown CBTF is proposed for a Legacy Small Business, the business while still in operation will maintain the physical features or traditions that define the business, including craft, culinary, or art forms, subject to any term and conditions established in the Oversight Committee’s by-laws, including length of commitments or exceptions. The legacy small business shall meet at least four of the following standards:

         1. Has been in continuous operation in the Downtown Community Benefits Area for at least 20 years with no break in its operations exceeding two years;

         2. Has no more than 50 full-time employees and/or shareholders;

         3. Has contributed to the neighborhood's history or the identity of a particular neighborhood or community;

         4. Has one or more employees that can serve multi-lingual members of the community;

         5. Accepts government issued assistance such as Electronic Benefits Transfer (EBT); and/or

         6. Pays employees wages equivalent to or greater than those specified in Article 11 (Living Wage), Sec. 10.37.2. (Payment of Minimum Compensation to Employees) of the LAAC.

      4. If Downtown CBF monies are proposed for public right-of-way improvements, the improvements received approval, as applicable from LADOT, the Department of Public Works, and Metro.

      5. Any other assurances necessary to accomplish the purpose and objectives of the Downtown Community Benefits Program and this Section (Downtown Community Benefits Fee), consistent with the Downtown CPIO and this Section (Downtown Community Benefits Fee), and any Oversight Committee by-laws.

8. Eligible Community Benefits Projects

   To be eligible to receive funding from the Downtown CBTF, a Downtown Community Benefits Project must be one of the following:

   1. A program to support affordable housing, for one or more of the following purposes:

      1. Land acquisition for the purposes of establishing permanent, community-controlled affordable housing, by organizations, such as, Community Land Trusts or similar non-profit organizations whose primary mission is to steward land and property for the benefit of lower income community members;

      2. Acquisition of buildings in default or facing expiring affordability covenants in the next 10 years in order to preserve and extend housing affordability, where qualifying applicants include but are not limited to, owners of the said project; developers; non-profit organizations; organized tenant groups; community-based organizations; or LAHD;

      3. Extensions of affordability covenants, set to expire in the next ten years, where qualifying applicants include but are not limited to, non-profit organizations; owners of the project; developers; Organized Tenant Groups; Community Based Organizations; or LAHD;

      4. Construction of new one hundred percent affordable housing projects, permanent supportive housing projects, or temporary shelters for people experiencing homelessness; or

      5. Construction of housing projects including accessory dwelling units that serve as restricted affordable units.

   2. A program to support one or more legacy small businesses that meet the standards included in Subsection G. (Findings) above, and meets one of the following criteria:

      1. Rent subsidies to a Legacy Small Business, with priority for a business owned by an individual or individuals with annual household incomes equal to or less than the moderate-income category as defined by LAHD;

      2. Grants for low-income micro-entrepreneurs working in the Downtown Community Benefits Area; or

      3. Subsidies for a sidewalk vendor commissary kitchen.

      4. Design and procurement of sidewalk vending carts for donation to sidewalk vendors whose annual household income is equal to or less than the low-income category as defined by LAHD and who work in the Downtown Community Plan area. Vending carts shall comply with the regulations of Chapter I. (General Provisions and Zoning), Sec. 42.13. (Sidewalk and Park Vending Program) of this Code, and any regulations for food vending of the Los Angeles County Department of Public Health.

   3. Construction of permanent or temporary Resiliency Centers or conversion of existing buildings or structures to serve as Resiliency Centers. A Resiliency Center eligible for Downtown CBTF monies shall meet the following requirements:

      1. Include free internet access, outlets for emergency cell phone and computer charging, free and adequate seating, space to provide disaster relief services and distribute emergency supplies, bathroom facilities, clean potable water, and have a dedicated space that can operate independently from the main electrical system of the larger complex. The independent system must have an onsite power system capable of reliably sustaining operations, defined as emergency heating and cooling capability, refrigeration of temperature-sensitive medicines, and emergency lighting, during an extended outage.

      2. During periods of a non-emergency, Resiliency Centers may serve other uses identified in this Section (Downtown Community Benefits Fee).

   4. Amenities to serve people who are experiencing homelessness, including, but not limited to, amenities such as hygiene stations, drinking water fountains, shade structures, free electronic device charging stations, no-fee ATMs, free high-quality wireless internet, and libraries that lend out laptops, tablets, and other internet-ready devices.

   5. Mobility and public right-of-way improvements limited to the following:

      1. Projects that enhance safety or connectivity for people walking, bicycling, and accessing transit;

      2. Transit supportive infrastructure, including, access improvements to transit stations (new entrances to above-ground rail stations or portals to underground rail stations, where technically feasible), enhanced bus stops and shelters, protected bike lanes, sidewalks and crosswalk improvements, and other infrastructure that provides key connections to the transit system;

      3. Programs that are or will be identified by any LADOT capital improvement plan for the Downtown Community Plan area; or

      4. Mobility hubs, as specified by LADOT.

   6. Parks and open space, limited to the following:

      1. Additions and improvements to existing public parks;

      2. Operations and maintenance of existing public parks; or

      3. Funds towards land acquisition or capital costs for the creation of new public parks, community gardens, play areas, pocket parks, plazas, walkways, or other types of public open spaces.

   7. A program approved by the City Council upon a recommendation by the Oversight Committee that meets the intent of this Article (Fees) and the findings in Subsection G. (Findings) above.

9. Enforcement

   In addition to any other remedy available for a violation of a covenant, binding agreement, or other assurances provided to the City by an applicant to obtain an award of Downtown CBF monies, such a violation is a violation of this Code subject to any and all criminal, civil, and administrative remedies available for a violation of this Code.