By using this site, I agree to the Terms and Conditions.

Click on to see related FAQs for the section.

Click on to see related Notes for the section.

Use Finder

Article 9. Public Benefit Systems

Div. 9.1. General Rules

Sec. 9.1.1. Purpose

The purpose of this Article (Public Benefit Systems) is to establish procedures for implementing State Density Bonus provisions, as set forth in California Government Code, Sec. 65915-65918, local incentives to increase the production of affordable housing, as well as other programs to facilitate the provision of public benefits to communities in the vicinity of new development in the City consistent with the General Plan and other housing-related City policies. Incentives include, but are not limited to, relief from a variety of regulations and requirements, or the granting of additional allowances beyond what would normally be allowed. In addition, it is also the purpose of this Article (Public Benefit Systems) to provide mechanisms to use the maximum bonus FAR and bonus height as allowed in the applied Form District (Part 2B.)

Sec. 9.1.2. General Provisions

Summary

This Article (Public Benefit Systems) consists of affordable housing incentive programs established in Div. 9.2. (Citywide Housing Incentive Programs), the community benefits program established in Div. 9.3. (Community Benefits Program), a variety of other incentive programs established in Div. 9.4. (General Incentive Programs), and accessory dwelling unit incentive programs established in Div. 9.5. (Accessory Dwelling Unit Incentive Program).
Eligibility

A project providing dwelling units, including a project with subdivisions of land, may use an affordable housing program as provided in Div. 9.2. (Citywide Housing Incentive Programs) or Div. 9.3. (Community Benefits Program), pursuant to the eligibility requirements for the specific program being used. The programs provided in Div. 9.4. (General Incentive Programs) and Div. 9.5. (Accessory Dwelling Unit Incentive Program), can be used, as applicable, and in conjunction with any other incentive program established in this Article (Public Benefit Systems), unless otherwise specified.

Div. 9.2. Citywide Housing Incentive Programs

Sec. 9.2.1. State Density Bonus Program

Intent

The purpose of this Sec. 9.2.1. (State Density Bonus Program), “State Density Bonus Program,” is to establish procedures for implementing the State Density Bonus provisions in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, and to increase the production of affordable housing citywide in the City of Los Angeles, consistent with the General Plan and other City policies related to housing.
Applicability
1. Project Activities
  
  A project meeting the eligibility criteria established in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below, and that meets the definition of “housing development” pursuant to California Government Code Sec. 65915(i), may be eligible for participation in the State Density Bonus Program, for the following project activities.
  1. New construction for which all new floor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules).
  2. A use modification, including the conversion of existing floor area from a commercial use to a residential use or an increase in dwelling units within existing floor area, for which all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules).
  3. A lot modification that results in dwelling units that meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules).
2. Reconciling Provisions
  1. Relationship to Other Incentive Programs
    1. A project participating in the State Density Bonus Program in this Section (State Density Bonus Program) shall be ineligible for the bonuses, incentives and procedures of any other housing incentive program contained in this Article (Public Benefit Systems), elsewhere in the Los Angeles Municipal Code, or in a Specific Plan, Supplemental District, or Special Zone, or in any other City regulation or guideline, except a project may utilize the streamlining incentives in the Housing Element Sites Streamlining Program (Sec. 9.2.6.) and the Citywide Adaptive Reuse Program (Sec. 9.4.6.), as applicable. Projects requesting additional density pursuant to Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive), below, shall not be eligible for the Housing Element Sites Streamlining Program (Sec. 9.2.6.).
    2. For a project providing 80-100 percent of the project dwelling units (including bonus units) as restricted affordable units, the project may instead seek development bonuses and incentives through the procedures of Sec. 9.2.2. (Affordable Housing Incentive Program).
  2. Relationship to Specific Plans, Supplemental Districts, and Special Zones
    
    As this Section (State Density Bonus Program) is intended to implement State Density Bonus Law contained in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, in the event that any provision of a Specific Plan, Supplemental District, or Special Zone differs from the procedures, requirements, and provisions of this Section (State Density Bonus Program), the provisions of this Section (State Density Bonus Program) shall prevail where a project applicant seeks approval through this Section (State Density Bonus Program).
  3. Relationship to Other Zoning Provisions
    1. Relationship to Inclusionary Housing
      
      Restricted affordable units provided in order to meet the eligibility criteria for participation in the State Density Bonus Program may also be used in order to count toward the restricted affordable units required by the Inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program) where applicable.
  4. Relationship to State Density Bonus Law
    
    This Section (State Density Bonus Program) is consistent with State Density Bonus Law contained in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918. If at any time, this Section (State Density Bonus Program) becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec.65915-65918 (State Density Bonus Law), as determined by the Director, the provisions of State Density Bonus Law shall supersede the provisions in this Section (State Density Bonus Program). The Director may prepare Implementation Memorandums, Technical Bulletins, and/or User Guides for the requirements set forth in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, for the purpose of providing guidance of implementation of this Section (State Density Bonus Program) in compliance with the State Density Bonus Law.

Program Rules

Eligibility

To be eligible for any base incentive, additional incentive, waiver, public benefit, or other incentive provided in the State Density Bonus Program in Paragraphs 2. (Base Incentives) through Paragraph 5. (Public Benefits), below, a project shall comply with all requirements provided in this Paragraph (Eligibility), as applicable, and provide any required restricted affordable units in order to obtain any particular incentive.

Unit Threshold

The project, including a mixed-use development, must have a minimum of five or more dwelling units, or five or more shared housing units in a shared housing building. For the purpose of establishing the minimum number of five units, restricted affordable units shall be included and density bonus units shall be excluded.
Maximum Allowable Residential Density

The project must occur on a lot with a maximum allowable residential density of five or more units.

Affordability Levels

The project shall reserve a minimum percentage of its dwelling units, or shared housing units in a shared housing building (excluding bonus units), for restricted affordable units (at the specified income level) or for the target populations as shown in the table below, subject to the provisions in Sub-subparagraphs i. through iv., below.

Required Percentage of Restricted Affordable Units or Target Population Units
Income Level	Minimum % of Dwelling Units
Very Low Income (For Rental or For Sale)	5
Low Income (For Rental or For Sale)	10
Moderate Income (For Sale)	10
Target Population	Minimum % of Dwelling Units
Senior citizen	100
Transitional foster youth as defined in the California Education Code Sec. 66025.9; disabled veteran as defined in California Government Code Sec. 18541; or homeless persons as defined in the federal McKinney-Vento Homeless Assistance Act 42 U.S.C. Sec. 11301 et seq.	10
Lower income students	20

Senior citizen housing developments shall comply with California Civil Code, Sec. 51.2 and Sec. 51.3, and all dwelling units provided in the resulting senior citizen housing development shall be reserved for senior citizens.
Dwelling units provided for transitional foster youth, disabled veterans, or homeless persons target populations shall be provided as very low income restricted affordable units.
Dwelling units provided for lower income students shall be provided at an affordability level as specified in California Government Code, Sec. 65915(b)(1)(F).
Projects may exceed the minimum percentage of restricted affordable units in the table above and provide a higher percentage in exchange for additional bonuses or incentives as described in this Section (State Density Bonus Program).

Calculating Affordability Requirements

The required number of restricted affordable units for any particular incentive shall be calculated based on a project’s provided dwelling units, or shared housing units in a shared housing building, excluding any units added by a density bonus awarded pursuant to this Section (State Density Bonus Program). When calculating a project’s affordability requirement, any number resulting in a fraction shall be rounded up to the next whole number.
Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted affordable units shall not exceed those specified in California Health and Safety Code, Chapter 2. (Definitions), Sec. 50052.5 (Affordable Housing Costs) for for-sale dwelling units or California Health and Safety Code, Chapter 2. (Definitions), Sec. 50053 (Affordable Rent) for rental dwelling units. Covenants documenting required rental or for sale rates shall be recorded pursuant to the procedures in Sec. 9.2.1.D.3. (Records and Agreements) below.
Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition protections of California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c)(3) and Div. 4C.15. (Resident Protections) of this Chapter. Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted affordable unit requirements. When calculating a project’s housing replacement requirement, any number resulting in a fraction shall be rounded up to the next whole number.
Fair Housing Requirements

Restricted affordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted affordable units established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared and adopted by the Los Angeles Housing Department or the Department of City Planning.
Historic Resources

A project requiring the demolition of a designated historic resource, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), is not eligible for the State Density Bonus Program. Any proposed alteration to a designated historic resource shall not be approved for the State Density Bonus Program until any required review pursuant to the LAMC, or other state or federal law, is completed.
Unit Habitability Requirements

For purposes of this Section (State Density Bonus Program), the term “dwelling unit” or “unit” shall mean a complete independent living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and sanitation, and shall also mean a shared housing unit in a shared housing building. The term “dwelling unit” or “unit” in this Section (State Density Bonus Program) shall not be a reference to a household dwelling unit or an efficiency dwelling unit.

Base Incentives

Projects meeting the eligibility criteria established in Paragraph 1. (Eligibility), above, shall receive the base incentives as provided below.

Density

Projects shall be eligible for a density bonus as provided in this Subparagraph (Density), subject to the calculation rules in Sub-subparagraph i. (Calculating a Density Bonus), below. Dwelling units constructed as a result of a density bonus may be permitted in geographic areas of the project other than the areas where restricted affordable units or dwelling units for a target population are located. A project does not need to use any or all of the density bonus for which the project is eligible.

Calculating a Density Bonus

For the purposes of calculating a density bonus the following shall apply:
1. Dwelling units that comprise a project shall be on abutting lots that are the subject of a single development application or are part of a single unified development, but do not need to be based on individual subdivision maps or parcels.
2. When calculating a density bonus, any number resulting in a fraction shall be rounded up to the next whole number.

Density Bonus up to 50%

A density bonus up to 50 percent shall be granted based on the following table, when the project provides very low or low income restricted affordable units as for-sale or rental housing, or moderate income restricted affordable units as for-sale housing, at the percentages provided for the corresponding density bonus identified in the table. Projects seeking a density bonus above 50 percent shall use the provisions in Sub-subparagraph iii. (Additional Density Bonus), below.

Required Percentage of Restricted Affordable Unit Set Asides - Density Bonuses Up to 50%
Percentage of Density Bonus	Percentage of Very Low Income	Percentage of Low Income	Percentage of Moderate Income (For-Sale)
5	-	-	10
6	-	-	11
7	-	-	12
8	-	-	13
9	-	-	14
10	-	-	15
11	-	-	16
12	-	-	17
13	-	-	18
14	-	-	19
15	-	-	20
16	-	-	21
17	-	-	22
18	-	-	23
19	-	-	24
20	5	10	25
20.5	-	-	-
21	-	-	26
21.5	-	11	-
22	-	-	27
22.5	6	-	-
23	-	12	28
23.5	-	-	-
24	-	-	29
24.5	-	13	-
25	7	-	30
25.5	-	-	-
26	-	14	31
26.5	-	-	-
27	-	-	32
27.5	8	15	-
28	-	-	33
28.5	-	-	-
29	-	16	34
29.5	-	-	-
30	9	-	35
30.5	-	17
31	-	-	36
31.5	-	-	-
32	-	18	37
32.5	10	-	-
33	-	-	38
33.5	-	19	-
34	-	-	39
34.5	-	-	-
35	11	20	40
38.75	12	21	41
42.5	13	22	42
46.25	14	23	43
50	15	24	44

Additional Density Bonus

Projects that provide restricted affordable units sufficient to qualify for a 50 percent density bonus pursuant to Sub-subparagraph ii. (Density Bonus up to 50%), above, may seek an additional density bonus by providing additional restricted affordable units as provided in the following table, except the project may not include more than 50 percent of the project dwelling units, excluding density bonus units, as restricted affordable units. The additional density bonus shall be calculated excluding any density bonus units awarded under Sub-subparagraph ii. (Density Bonus up to 50%). This Additional Density Bonus provision may be used in lieu of or in combination with a request for Projects with Requests for Density Bonuses in Excess of the Base Incentive (Sec. 9.2.1.C.6.) to the extent the bonus is available as specified herein.

Required Percentage of Restricted Affordable Unit Set Asides - Additional Density Bonuses Above 50%
Percentage of Density Bonus	Percentage of Very Low Income	Percentage of Moderate-Income
20	5	5
22.5	-	6
23.75	6	-
25	-	7
27.5	7	8
30	-	9
31.25	8	-
32.5	-	10
35	9	11
38.75	10	12
42.5	-	13
46.25	-	14
50	-	15

Housing for Target Populations

Projects that provide dwelling units for a target population listed in Subparagraph c. (Affordability Levels) of Paragraph 1. (Eligibility), above, shall receive a density bonus as provided in the table, below. These density bonuses may be granted in lieu of a density bonus for units set aside as restricted affordable units based on Sub-subparagraph ii. (Density Bonus up to 50%), above, so long as the restricted affordable units are set aside for the applicable target population.

Housing for Target Populations - Density Bonuses
Target Population	Percentage of Density Bonus
Senior citizen	20% of the number of senior citizen units
Transitional foster youth/disabled veterans/homeless persons	20% of the number of target population units giving rise to a density bonus
Lower income student	Percent Bonus	Percent of Units (excluding bonus units) that are Restricted Affordable Units
	35%	20%
	38.75%	21%
	42.5%	22%
	46.25%	23%
	50%	24%

Land Donation

An applicant for a subdivision, parcel map or other residential development approval that donates land for housing to the City satisfying the criteria of California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(g), as verified by the Department of City Planning, shall be granted a minimum density bonus of 15 percent. The Department of City Planning may create an Implementation Memorandum for the purpose of clarifying procedures associated with the implementation of land donations pursuant to California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(g).

Parking

Consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(p), regardless of any applicable parking requirement, upon the request of an applicant a project is only required to provide the number of parking stalls per dwelling unit provided in the following table, subject to the provisions in Sub-subparagraphs i. through v., below. In using the table, the number of parking stalls are calculated based on the number of bedrooms or habitable rooms in each dwelling unit, as indicated.

Vehicular Parking Ratio for Eligible Projects
Number of Bedrooms	Automobile Parking Stalls per Dwelling Unit
Zero to one bedroom (one to two habitable rooms)	1
Two to three bedrooms (three to four habitable rooms)	1.5
Four and more bedrooms (five or more habitable rooms)	2.5

Regardless of the above, parking shall not be required for a project located within 1/2 mile of a major transit stop
Consistent with California Civil Code, Sec. 1947.1, automobile parking stalls shall be sold or rented separately from the dwelling units in properties with 16 or more dwelling units, as verified by the Los Angeles Housing Department.
The required automobile parking shall be calculated on all dwelling units in a project (not just the restricted affordable units), inclusive of accessible parking, where applicable. All automobile parking stalls provided shall comply with Sec. 4C.4.3. (Parking Area Design), except any combination of standard, compact or tandem stalls may be provided. Tandem parking stalls do not need to comply with the configuration requirements of Sec. 4C.4.3.C.12. (Tandem Parking) provided a parking attendant or an automated parking system is provided.
Regardless of any otherwise applicable automobile parking design requirement, required automobile parking stalls provided may be covered or uncovered.
If applicable, when calculating a project’s required automobile parking stalls, any number resulting in a fraction shall be rounded up to the next whole number.

Additional Incentives

Any project that meets the criteria established in Paragraph 1. (Eligibility), above, shall be granted additional incentives as provided below.

Number of Incentives

The project shall be granted the number of additional incentives calculated using the table below. The additional incentives granted may be any combination of incentives listed in Subparagraph c. (Menu of Additional Incentives), below, and incentives granted pursuant to Subparagraph d. (Incentives Not Listed on the Menu of Additional Incentives), below. Refer to Subsection D. (Administration), below, for the approval procedure that is consistent with the project’s incentive request.

Allowed Number of Additional Incentives
Level of Affordability (for applicable typology)	Required Percentage of Restricted Affordable Units From Provided Dwelling Units (excluding Density Bonus units)
Level of Affordability (for applicable typology)	1 Incentive	2 Incentives	3 Incentives	4 Incentives
Very Low Income (for rental or for sale)	5	10	15	16
Low Income (for rental or for sale)	10	17	24	N/A
Moderate Income (for sale)	10	20	30	45
Lower Income Student Housing Development	20	23	N/A	N/A

For a lower income student housing development, comply with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(b)(1)(F) for lower income student housing.

Commercial Off-Site

Consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915.7, a project consisting entirely of non-residential uses may request a development bonus set forth in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915.7(b) if the commercial developer directly contributes affordable housing, or enters into a contract for partnered housing described in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915.7 with a housing developer to construct affordable housing. If a commercial developer partners with a housing developer, an agreement, subject to approval by the Department of City Planning, shall identify exactly how the commercial developer will contribute affordable housing. If California Government Code Sec. 65915.7 sunsets, this Subparagraph (Commercial Off-Site) shall be of no further force or effect. Housing constructed pursuant to this Subparagraph (Commercial Off-Site) shall be constructed on the site of the commercial development or on a site that meets all of the following requirements:
1. Located within the boundaries of the City of Los Angeles; and
2. In close proximity to public amenities including schools and employment centers; and
3. Located within 1/2 mile of a Major Transit Stop.
Menu of Additional Incentives

Projects granted additional incentives may request those incentives from the following “Menu of Additional Incentives,” subject to the review procedures in Sec. 9.2.1.D.1.a. (Projects Requesting Base Incentives & Incentives from the Menu of Additional Incentives), below. Each request from the Menu of Additional Incentives shall constitute one incentive request unless otherwise stated. Regardless of the above, a project located in a Very High Fire Hazard Severity Zone, a Sea Level Rise Area, or the Coastal Zone is not eligible to use the Menu of Additional Incentives.
1. Floor Area Ratio
  
  An eligible project may request a percentage increase in the allowable base FAR equal to the percentage of density bonus for which the project is eligible, not to exceed 35 percent or 3.0:1 whichever is greater, provided the project is located within a 1/2 mile radius (2,640 feet) of a major transit stop, subject to the following:
  1. For a project that includes residential uses and non-residential uses, the FAR bonus shall only apply to the portion of the development dedicated to residential uses and residential amenity space for the units; and the portion of thedevelopment dedicated to non-residential uses shall be limited to the base FAR of the applied Form District (Part 2B.).
  2. A project located on a lot with an applied Density District (Part 6B.) of 1L to 4L or 15 through 60 shall not be eligible for this FAR incentive.
  3. A project located on a lot with designated historic resources, or non-contributors shall not be eligible for this FAR incentive.
2. Height
  
  An eligible project may request an increase in height of one additional story beyond the base height of the applied Form District (Part 2B.). The increase in height shall be applicable over the entire lot regardless of the height limits of the applied Form District (Part 2B.), including stepback requirements and height transitions.
3. Setbacks
  
  A project may reduce all applicable building setbacks by the allowable adjustment amount specified for each applicable setback in Sec. 2C.2.2.F. (Relief). The bundle of reduced setbacks shall require the use of only one incentive.
4. Average of Floor Area Ratio, Density, Parking and Lot Amenity Space
  
  A project that is located on two or more abutting lots may average the maximum floor area, minimumlot amenity space, minimum parking, and maximum density over the project site provided that:
  1. The proposed uses are permitted by the applied Use District (Part 5B.) of each lot where the proposed uses are located; and
  2. A covenant running with the land is recorded with the Los Angeles County Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or any other action that may cause the project site to be subdivided subsequent to this grant, is permitted for the life of the project.
  3. The project is located on one or more contiguous lots that are not separated by a street or alley.
  4. The project includes the number of restricted affordable units sufficient to qualify for a 35 percent density bonus.
5. Supplementary Parking Reductions
  
  An applicant may request either or both of the following reductions as a single incentive:
  1. Commercial Parking
    
    Eligible projects may request the elimination of any requirement to provide new or maintain existing automobile parking stalls required by the applied Development Standards District (Part 4B.) associated with a commercial use proposed as part of the project.
  2. General Parking Reduction
    
    Projects located within 1/2 mile radius of a high quality transit service may request up to a 50 percent reduction in required automobile parking stalls consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(p)(5).
6. By-Right Adjustment
  
  An eligible project may request relief from any standard or requirement established elsewhere in the Los Angeles Municipal Code, a Supplemental District, Specific Plan, Special Zone, or other zoning condition that would otherwise require approval pursuant to Sec. 13B.5.2. (Adjustment), and shall not be subject to the requirements of Sec. 13B.5.2. (Adjustment). Each adjustment-equivalent request for relief shall count as one incentive request. The following limitations apply to this incentive:
  1. This incentive shall not apply to standards that regulate FAR, height, building setbacks, ground story requirements, signs, required trees, parking setbacks, pedestrian access, frontage screen and transition screen requirements, and lot amenity space.
  2. This incentive shall not apply to a designated historic resource or a non-contributor.
  3. Incentives Not Listed on the Menu of Additional Incentives
    
    Projects may request incentives not listed in or in excess or the incentive allowed in Subparagraph c. (Menu of Additional Incentives), above, subject to the approval process in Sec. 9.2.1.D.1.b. (Projects Requesting Incentives Not Listed on the Menu of Additional Incentives), below.

Waivers

Aproject may request waivers, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(e) along with the additional incentives granted under Subparagraph a. (Number of Incentives) of Paragraph 3. (Additional Incentives), above, subject to the procedures and findings in Sec. 9.2.1.D.1.c. (Projects with Requests for Waivers or Reductions of Development Standards), below.

Public Benefits

A project that meets the eligibility criteria provided in Paragraph 1. (Eligibility), may be granted additional FAR and height beyond the FAR and height increases available as incentives listed in Paragraph 3. (Additional Incentives), above, by providing one or more of the public benefits listed in Subparagraph b. (Public Benefit Options), below. Regardless of the above, housing developments located in Sea Level Rise Areas, Very High Fire Hazard Severity Zones, the Coastal Zone, or housing developments that provide fewer restricted affordable units than required for the maximum number of incentives available to an income category or target population, shall not be eligible for the Multi-Bedroom Units or Surveyed Historic Resource Facade Rehabilitation public benefit options.

A project providing public benefits shall receive the bonuses described in Subparagraph b. (Public Benefit Options) below, for the associated public benefit. Multiple public benefits may be provided in one project to combine and stack bonuses.

Public Benefit Options

Childcare Facility

A project that provides a childcare facility meeting the standards provided in Sec. 9.3.4.C.4.a. (Childcare Facility) shall receive either the incentive in Sub-sub-subparagraph a) or b), below. However pursuant to California Government Code, Sec. 65915(h)(3), a density bonus or incentive for a childcare facility shall not be provided if the applicable decision maker finds, based on substantial evidence, that the community has adequate childcare facilities. The twoincentive options are:
1. Additional floor area for residential use equivalent to the total floor area dedicated to a qualifying childcare facility space in the project, or
2. One additional incentive from the Menu of Additional Incentives (Sec. 9.2.1.C.3.a.) or an incentive pursuant to Sec. 9.2.1.C.3.b. (Incentives Not Listed on the Menu of Additional Incentives) that contributes significantly to the economic feasibility of the childcare facility.

Multi-Bedroom Units

A project with multi-bedroom dwelling units shall be granted an incentive under Sub-sub-subparagraph a) or an incentive under Sub-sub-subparagraph b), below, where the project applicant and property owner execute a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee that qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional dwelling units in the future.

A project that includes a minimum of 10 percent of overall dwelling units (including units added by a density bonus) with three bedrooms (four or more habitable rooms) or more shall be granted additional floor area and/or height as provided in the table below, above the additional incentives provided in Paragraph 3. (Additional Incentives), above.

Additional FAR and Height for Multi-Bedroom Units
Overall Dwelling Units (including Density Bonus Units)	Additional FAR	Additional Height (Stories)
0-30	0.5	1
31-50	1.0	1
51-75	1.5	2
75+	2.0	2

A project shall be granted the following floor area and height incentives, as described below:

An exemption of the floor area of all dwelling units with three or more bedrooms (four or more habitable rooms) from the floor area calculations of the project, so that the specified residential units do not count against the maximum floor area allowed on the development site, and/or

An additional story of height beyond the height incentives provided in Paragraph 3. (Additional Incentives), above, provided that the floor area of this additional story is limited to the square footage exempted from the floor area calculation above. provided that the floor area of this additional story is limited to the square footage exempted from the floor area calculation above.

Surveyed Historic Resource Facade Rehabilitation

Projects incorporating a surveyed historic resource into the project design shall be granted additional floor area up to 1.0 FAR and two stories in height beyond the incentives listed in Paragraph 3. (Additional Incentives), above, provided all the following standards are met:
1. The project retains all street-facing facades to a depth of 10 feet;
2. New floor area shall be set back behind the 10-foot retention area in Sub-sub-subparagraph a) above, except that amenity space, balconies, and non-habitable architectural projections may encroach on the 10-foot retention area. In instances where a lot contains dual frontages, the setback shall be applied from both frontages; and rehabilitation of the facades is completed pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, as supported by an expert report or study, prepared by a qualified historical consultant, or demonstrated by the project plans and accepted by the Office of Historical Resources consistent with any Implementation Memorandum, Guidelines, or Technical Bulletin of the Director of City Planning. This option does not apply if the Office of Historic Resources has determined that the surveyed historic resource is not eligible for listing individually or as a contributor.

Projects with Requests for Density Bonuses in Excess of the Base Incentive

Consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n), a project may be granted additional density bonus beyond the density allowed for a single income category under the base incentives in Paragraph 2. (Base Incentives), above, by providing additional restricted affordable units in that single income category, subject to the procedures in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive).
1. An additional density bonus shall be granted for setting aside additional restricted affordable units in the following manner:
  1. For every additional one percent set aside of very low income restricted affordable units, the project shall be granted an additional 2.5 percent density increase; or
  2. For every additional one percent set aside of low income restricted affordable units, the project shall be granted an additional 1.5 percent density increase; or
  3. For every additional one percent set aside of moderate income restricted affordable units in for-sale projects, the project shall be granted an additional one percent density increase.
2. In calculating the density increase and restricted affordable units, each component of any density calculation, including the calculation of maximum allowable residential density, base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
3. A project receiving additional density increases beyond 50 percent may be granted the incentives in Paragraph 2. (Base Incentives) and Paragraph 3. (Additional Incentives), above, pursuant to the requirements in those Paragraphs.

Administration
1. Procedures
  
  A project utilizing this Section (State Density Bonus Program) shall be reviewed using the procedures in this Subsection (Administration) Approval of any base or additional incentive, waiver, or public benefit, pursuant to this Section (State Density Bonus Program) shall not, in and of itself, require a General Plan amendment, zone change, project review or other discretionary review action required by this Chapter, a Specific Plan, Supplemental District, or Special Zone. Ministerial approval in this Paragraph (Procedures) shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec. 65583.2(i).
  1. Projects Requesting Base Incentives & Incentives from the Menu of Additional Incentives
    
    A project requesting only the incentives provided in Paragraph 2. (Base Incentives) of Subsection C. (Program Rules), above, or additional incentives from the menu of additional incentives in Sec. 9.2.1.C.3.c. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.1.C.4. (Waivers) or incentives under Sec. 9.2.1.C.3.d. (Incentives Not Listed on the Menu of Additional Incentives), shall be approved with a ministerial approval by the Department of Building and Safety as follows:
    1. Base incentives shall be granted.
    2. Additional incentives shall be granted subject to the standards provided in Sec. 9.2.1.D.2.a. (Standards for Review for Additional Incentives), below.
  2. Projects Requesting Incentives Not Listed on the Menu of Additional Incentives
    
    A project requesting “off menu” incentives under Sec. 9.2.1.C.3. (Additional Incentives), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review), subject to the additional standards provided in Sec. 9.2.1.D.2.a. (Standards for Review for Additional Incentives).
  3. Projects Requesting Waivers
    
    A project requesting waivers, modifications, or reductions of applicable zoning standards and requirements beyond the number of additional incentives permitted pursuant to Sec. 9.2.1.C.3.a. (Number of Incentives), above, shall be reviewed pursuant to Sec. 13B.2.3. (Class 3 Conditional Use), except the approval is subject to the findings in Sec. 9.2.1.D.2.b. (Required Findings for Waivers), below, instead of the findings in Sec. 13B.2.3.E. (Standards for Review and Required Findings), and there is no right to an appeal of the initial decision.
  4. Projects Providing Public Benefits
    
    Projects requesting higher incentives or additional incentives in exchange for providing one or more public benefit options described in Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review).
  5. Projects with Requests for Density Bonuses in Excess of the Base Incentive
    
    A project requesting a density bonus over the base incentive shall be approved pursuant to the procedures in Sec. 13B.2.3. (Class 3 Conditional Use), except a project requesting a density bonus that exceeds 88.75 percent requires the following supplemental findings:
    1. The project is consistent with and implements the affordable housing provisions of the Housing Element of the General Plan, and does not seek approval through the Housing Element Sites Program (Sec. 9.2.6.);
    2. The project contains at minimum the requisite number of restricted affordable units, based on the number of dwelling units provided, excluding dwelling units added by a density bonus, on the date of application as follows under a single income category:
      1. Twenty-five percent very low-income units for an 88.75 percent density increase (15 percent + 10 percent per California Government Code Sec. 65915(f) and (v)); or
      2. Twenty-four percent low-income units for a 50 percent density increase (California Government Code Sec. 65915(f)); or
      3. Forty-four percent moderate income units for a 50 percent density increase in for-sale project (California Government Code Sec. 65915(f)).
    3. The project meets any applicable dwelling unit replacement requirements and demolition protections of California Government Code Sec. 65915(c)(3), and Div. 4C.15. (Resident Protections) of this Chapter, as verified by the Los Angeles Housing Department (LAHD). Replacement units required pursuant to these provisions may count towards any on-site restricted affordable unit requirement above.
    4. The project's restricted affordable units are subject to a recorded affordability restriction of 55 years or 99 years pursuant to Div. 4C.15. (Resident Protections) as applicable, running from the issuance of the Certificate of Occupancy, recorded in a covenant acceptable to the Los Angeles Housing Department, and subject to fees as set forth in Sec. 15.4.2. (Fees For Enforcement of Housing Covenants).
    5. The project meets the requirements for projects that include affordable housing referenced in Sec. 4C.15.3. (Restricted Affordable Units), including the Fair Housing Requirements For Affordable Housing.
  6. Other Discretionary Approvals
    
    Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to a project seeking other discretionary approvals in conjunction with an application requested pursuant to this Section (State Density Bonus Program).
    
    Regardless of any other findings that may be applicable for the other discretionary approvals, the decision maker shall approve the incentives requested pursuant to the State Density Bonus Program, subject to any procedures established in this Paragraph (Procedures) and findings and standards established in Paragraph 2. (Standards for Review and Required Findings), below.
2. Standards for Review and Required Findings
  1. Standards for Review for Additional Incentives
    
    For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k).
    
    Additional incentives in Sec. 9.2.1.C.3. (Additional Incentives) shall be granted unless one of the following written findings is made, based upon substantial evidence:
    1. The incentive does not result in identifiable and actual cost reductions, consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c); or
    2. The incentive will have a specific adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income households and moderate income households. Inconsistency with the zoning ordinance or General Plan Land Use Designation shall not constitute a specific adverse impact upon the public health or safety; or
    3. The incentive would be contrary to state or federal law
  2. Required Findings for Waivers
    
    For the purposes of required findings for waivers, ‘development standard’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(o)(2). Waivers pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be approved by the applicable decision maker unless the decision maker finds any of the following, based on substantial evidence:
    1. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), above, at the densities or with the base incentives and additional incentives permitted under Subsection C. (Program Rules), above; or
    2. The waiver would have a specific adverse impact, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Inconsistency with the zoning ordinance or General Plan Land Use Designation shall not constitute a specific adverse impact upon the public health or safety; or
    3. The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
    4. The waiver would be contrary to state or federal law.
3. Records and Agreements
  
  Prior to the issuance of a building permit for any project qualifying for a density bonus pursuant to the provisions of this Section (State Density Bonus Program), covenants acceptable to the Los Angeles Housing Department and meeting the requirements in this Section (State Density Bonus Program) and in Div. 4C.15. (Resident Protections) shall be recorded with the Los Angeles County Recorder.
4. Vesting
  
  An application for an entitlement that was filed and fees paid prior to the date on which this Section (State Density Bonus Program) becomes operative, shall be subject to all applicable provisions of this Chapter, including any incentive menus or options, that were in effect on the date the application was filed and fees were paid where a public hearing, when required, has been held. An application for an entitlement that was filed and fees paid prior to the date on which this Section (State Density Bonus Program) becomes operative, may elect to apply the Procedures and comply with the Administration requirements of this Section (State Density Bonus Program), if a public hearing, when required, has not yet been held for the project. Any such project shall be subject to all other applicable provisions of this Chapter that were in effect on the date the application was filed and fees were paid. Projects shall only be eligible for the incentives of this Section (State Density Bonus Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (State Density Bonus Program).

Sec. 9.2.2. Affordable Housing Incentive Program

Intent

The Affordable Housing Incentive Program aims to increase the production of affordable housing projects, including priority housing projects, by implementing state density bonus requirements as set forth in California Government Code Sec. 65915-65918 for one hundred percent affordable housing projects, with tailored application for sites owned by public agencies, religious institutions, nonprofit community land trusts, and cooperatives. In conjunction with the incentives granted by state law, the program offers incentives to make affordable housing construction more feasible, particularly in areas of higher opportunity and quality transit service. The program establishes applicability, program rules, and streamlined procedures through which eligible projects can access state and local incentives.
Applicability

This Section (Affordable Housing Incentive Program), the “Affordable Housing Incentive Program”, applies to a project that meets all of the following criteria: meets the definition of either a one hundred percent affordable housing project, a faith-based organization project, a shared equity project, or a public land project; provides the required set-asides of restricted affordable units in exchange for a density bonus and additional incentives; meets the eligibility criteria in Sec. 9.2.2.C.1. (Eligibility), below, and involves a project activity listed in Paragraph 1. (Project Activities), below.
1. Project Activities
  
  The following project activities are subject to the Affordable Housing Incentive Program:
  1. New construction for which all new floor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  2. A use modification, including the conversion of existing floor area from a non-residential use to a residential use or an increase in dwelling units within existing floor area, for which all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  3. A lot modification that results in dwelling units that meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules).
2. Reconciling Provisions
  1. Relationship to Other Incentive Programs
    
    A project is ineligible for the bonuses, incentives and procedures of the Affordable Housing Incentive Program, if it participates in any other housing incentive program in this Article (Public Benefit Systems), elsewhere in the Los Angeles Municipal Code, in a Specific Plan, Supplemental District, or Special Zone, or in any other City regulation or guideline, except:
    1. A project may utilize the streamlining incentives in the Housing Element Sites Streamlining Program (Sec. 9.2.6.), provided that the project meets the requirements for both programs.
    2. A project that meets the definition of a Type I Unified Adaptive Reuse Project, and the eligibility requirements for both the Affordable Housing Incentive Program and the Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse Program), may participate in both incentive programs and receive incentives pursuant to both programs. The portion of the Type I Unified Adaptive Reuse Project consisting of new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options outlined in Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), and Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), below, unless otherwise stated, and the project shall comply with Paragraph 1. (Procedures) in Subsection D. (Administration) based on the corresponding project type definition and associated project request.
    3. This Section (Affordable Housing Incentive Program) expressly authorizes a project to use another housing incentive program as specified.
  2. Relationship to Specific Plans, Supplemental Districts, and Special Zones
    
    As this Section (Affordable Housing Incentive Program) implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event an applicable Specific Plan, Supplemental District, or Special Zone differs from the procedures, requirements, and provisions of this Section (Affordable Housing Incentive Program), the provisions of this Section (Affordable Housing Incentive Program) shall prevail where a project applicant seeks approval through this Section (Affordable Housing Incentive Program).
  3. Relationship to Other Zoning Provisions
    1. General
      
      As this Section (Affordable Housing Incentive Program) implements State Density Bonus law pursuant to California Government Code, Chapter 4.3 (Density Bonuses and Other Incentives), Sec. 65915-65918, in the event of any difference between the provisions of this Section (Affordable Housing Incentive Program) and any other provision of this Zoning Code (Chapter 1A), the provisions of this Section (Affordable Housing Incentive Program) shall prevail.
    2. Relationship to Inclusionary Housing
      
      Restricted affordable units provided in order to meet the eligibility criteria for participation in the Affordable Housing Incentive Program may also be used in order to count toward the restricted affordable units required by the Inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program), where applicable.
    3. Relationship to Project Review Threshold Packages
      
      Regardless of the otherwise applicable Development Review Threshold Package required by the applied Development Standards District (Part 4B.) and the requirements in Development Review (Sec. 4C.14.), projects participating in the Affordable Housing Incentive Program are exempt from review pursuant to Sec. 13B.2.4. (Project Review).
  4. Relationship to State Density Bonus Law
    
    The Affordable Housing Incentive Program is intended to be consistent with State Density Bonus Law in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918. If at any time, the Affordable Housing Incentive Program becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, as determined by the Director, the provisions of State Density Bonus Law shall supersede the provisions in this Section (Affordable Housing Incentive Program). The Director may prepare Implementation Memorandums, Technical Bulletins, and/or User Guides for the purposes of providing additional guidance on the implementation of this Section (Affordable Housing Incentive Program) and maintaining consistency with the State Density Bonus Law.

Program Rules

Eligibility

To be eligible for any base incentives, additional incentives, waivers, public benefits, or other incentives provided in the Affordable Housing Incentive Program in Paragraphs 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), and Paragraph 5. (Public Benefits), below, a project shall comply with all requirements provided in this Paragraph (Eligibility), as applicable, and provide the required restricted affordable units in order to obtain any particular incentive.

Unit Threshold

A project must have a minimum of five or more dwelling units. The units counted for purposes of this requirement includes dwelling units permitted as a result of a density bonus granted pursuant to Paragraph 2. (Base Incentives), below.
Zoning
1. The project shall not be located on a lot with an applied Density District (Part 6B.) of N, except a public land project.
2. The project shall not be located on a lot with an applied Density District (Part 6B.) of 1L, except any of the following:
  1. A public land project.
  2. A faith-based organization project on a lot purchased by a religious institution before January 1, 2024, or on a lot located within 0.1 miles of a lot containing an operating community assembly use owned by the filing religious institution.
  3. A one hundred percent affordable housing project on a project site with a maximum allowable residential density of five or more dwelling units.
Residential Use

A minimum of 2/3 of the total floor area of a project, including newly constructed floor area and renovated or converted floor area, must be dedicated to residential uses and residential amenity space for the units.

Affordability Levels

Percentage of Restricted Affordable Units

The project shall reserve a minimum percentage of all dwelling units (including bonus units) for restricted affordable units on-site according to the project type as shown in the table below, subject to the affordability standards below.

Required Percentage of Restricted Affordable Units by Project Type
Project Type	Minimum % of All Project Units That Are Restricted Affordable Units
One hundred percent affordable housing project	100
Public land projects	80
Faith-based organization projects	80
Shared equity projects	80

Income Levels
1. One Hundred Percent Affordable Housing Projects
  
  Consistent with California Government Code Sec. 65915(b)(1)(G), in a one hundred percent affordable housing project all dwelling units or shared housing units in a shared housing building (including density bonus units but excluding a manager unit or staff units pursuant to California Government Code Sec. 65913.16), shall be restricted affordable units for lower income households (California Health and Safety Code Sec. 50079.5), except that up to 20 percent of all dwelling units may be for moderate income households (California Health and Safety Code Sec. 50053 and 50093). The affordable rents for at least 20 percent of all units shall be set per California Health and Safety Code Sec. 50053, but affordable rents for the remaining units shall be set for lower income households as determined by the California Tax Credit Allocation Committee. For for-sale units, the affordable housing costs are defined by California Health and Safety Code Sec. 50052.5.
2. Public Land Projects
  
  A public land project shall provide a percentage of dwelling units (excluding dwelling units added by a density bonus) as restricted affordable units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent for very low income households (for rent or sale), 25 percent for lower income households (for rent or sale), or 45 percent for moderate income households (for sale), as those referenced incomes, rents and housing costs are specified in California Government Code Sec. 65915. The remaining required restricted affordable units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to 120 percent of the area median income, as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sec. 50052.5 and Sec. 50053. A project may elect to set these remaining required restricted affordable units at a lower income and affordability level. In addition, 20 percent of all project dwelling units (inclusive of density bonus units) may be unrestricted.
3. Faith Based Organization Projects
  
  A faith-based organization project shall provide a percentage of dwelling units (excluding dwelling units added by a density bonus) as restricted affordable units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent for very low income households (for rent or sale); 25 percent for low income households (for rent or sale); or 45 percent for moderate income households (for sale), as those referenced incomes, rents and housing cost are defined in California Government Code Sec. 65915.The remaining required restricted affordable units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost for lower income households, as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sec. 50052.5 and Sec. 50053; but with the exception that up to 20 percent of the remaining required restricted affordable units may be set at an affordable rent or for-sale housing cost to households earning up to 120 percent of the area median income, as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sec. 50052.5 and Sec. 50053. A project may elect to set these remaining required restricted affordable units at a lower income and affordability level. In addition, 20 percent of all project dwelling units (inclusive of a density bonus) may be unrestricted.
4. Shared Equity Projects
  
  A shared equity project shall provide a percentage of dwelling units (excluding dwelling units added by a density bonus) as restricted affordable units meeting one of the following income and affordability levels for one of the unit types specified in parentheses: 16 percent for very low income households (for rent or sale), 25 percent for lower income households (for rent or sale), or 45 percent for moderate income households (for sale), as those referenced incomes, rents and housing costs are specified in California Government Code Sec. 65915. The remaining required restricted affordable units may be set up to the maximum income, affordable rent, and affordable for-sale housing cost, for households earning up to 120 percent of the area median income, as determined by the California Tax Credit Allocation Committee, or per California Health and Safety Code Sec. 50052.5 and Sec. 50053. A project may elect to set these remaining required restricted affordable units at a lower income and affordability level. In addition, 20 percent of all project dwelling units (inclusive of density bonus units) may be unrestricted.
Calculating Affordability Requirements

In calculating the minimum percentage of on-site restricted affordable units, the percentage of each affordability level shall be based on the total project dwelling unit count, including dwelling units permitted as a result of a density bonus granted pursuant to Subparagraph a. (State Base Incentives) of Paragraph 2. (Base Incentives), except where otherwise specified for certain project types. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit).
Rent Schedules

As specified in the provisions in this Section (Affordable Housing Incentive Program), projects shall use the indicated rent schedule published by the Los Angeles Housing Department for purposes of providing restricted affordable units. Covenants documenting required rental or for sale rates shall be recorded pursuant to the procedures described in Sec. 9.2.2.D.3. (Records and Agreements).

Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition protections in Div. 4C.15. (Resident Protections). Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted affordable unit requirements.
Fair Housing Requirements

Restricted affordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted affordable units established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared and adopted by the Los Angeles Housing Department or Department of City Planning.
Environmental Exclusions
1. A faith-based organization project or shared equity project participating in the Affordable Housing Incentive Program shall not be located fully or partially on a lot located within a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area.
2. A one hundred percent affordable housing project on a lot with a maximum allowable residential density of less than five dwelling units shall not be eligible for the Affordable Housing Incentive Program if the project is fully or partially on a lot located within a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area.
Historic Resources
1. A project requiring the demolition of a designated historic resource, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), shall not be eligible for the Affordable Housing Incentive Program (Sec. 9.2.2.) Any proposed alteration to a designated historic resource shall not be approved for the Affordable Housing Incentive Program until any required review pursuant to the LAMC, or other state or federal law, is completed.
2. A faith-based organization project or a shared equity project shall not be eligible for the Affordable Housing Incentive Program (Sec. 9.2.2.) if it requires the demolition, as defined in Sec. 13B.8.1.C. (General Provisions), of a surveyed historic resource.
3. A faith-based organization projects or a shared equity project that proposes to alter a surveyed historic resource must be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historical Resources if consistent with adopted Implementation Memorandum, Guidelines, or Technical Bulletin of the Director of City Planning. This requirement does not apply if the Office of Historic Resources has determined the surveyed historic resource is not eligible for listing individually or as a contributor to a district on a local, state or federal register of historic resources.
Unit Habitability Requirements

For purposes of a one hundred percent affordable housing project in this Section (Affordable Housing Incentive Program), the term “dwelling unit” or “unit” shall mean a complete independent living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and sanitation, or a shared housing unit in a shared housing building; but the term shall not include a household dwelling unit or an efficiency dwelling unit. When the term “dwelling unit” or “unit” is used in reference to a shared equity project, public land project, or a faith-based organization project in this Section (Affordable Housing Incentive Program), the term “dwelling unit” or “unit” shall mean a complete independent living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and sanitation; but the term shall not include a shared housing unit, household dwelling unit, or an efficiency dwelling unit.

Base Incentives

State Base Incentives

A one hundred percent affordable housing project shall be eligible for any density bonus, height, and parking incentives provided by California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, as shown in the table below for reference.

Base Incentives through State Density Bonus
Geographic Criteria	Density Bonus	Height	Parking
Citywide	The amount of additional units granted as a density bonus shall be equivalent to 80% of the number of units that were set aside for lower income households prior to the application of the density bonus	None	Refer to California Government Code Sec. 65915(p)
Within 0.5 miles of a major transit stop or within a very low vehicle travel area	Limited by floor area	33 feet or 3 stories, whichever is greater	Refer to California Government Code Sec. 65915(p)

Local Base Incentives

Base incentives shall be granted to a project participating in the Affordable Housing Incentive Program, subject to all applicable provisions in this Subparagraph (Local Base Incentives), and Sec. 9.2.2.D.1.a. (Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives).

Project type. The project shall be one of the following:
1. A one hundred percent affordable housing project;
2. A faith-based organization project;
3. A shared equity project; or
4. A public land project.

Base incentives

The base incentives described in the following table shall be granted to the project based on the project’s geographic criteria and maximum residential density under the assigned Density District (Part 6B.).

Base Incentives for the Affordable Housing Incentive Program
Geographic Criteria	Maximum Allowable Residential Density	Density Bonus	FAR	Height	Parking
Citywide	Less than 5	The amount of additional units granted as a density bonus shall be equivalent to 80% of the number of units that were set aside for lower income households prior to the application of the density bonus.	Maximum of 1.5	An increase of 11 feet or 1 story, whichever is greater	The minimum parking is 0.5 automobile parking stalls per dwelling unit
Citywide	5 or more		Maximum of 3.0 or a 35% increase, whichever is greater	An increase of 22 feet or 2 stories, whichever is greater.
Within 0.5 miles of a major transit stop or a very low vehicle travel area	Less than 5	Density is limited by floor area	Maximum of 2.0	An increase of 11 feet or 1 story, whichever is greater	No minimum residential parking is required.
	5 or more	Density is limited by floor area	Maximum of 4.5 or a 50% increase, whichever is greater	An increase of 33 feet or 3 stories, whichever is greater.	No minimum residential parking is required.
	Less than 5	Density is limited by floor area	Maximum of 2.5	An increase of 11 feet or 1 story, whichever is greater.	No minimum residential parking is required. Required parking for current or proposed non-residential uses may be reduced by 25%.
	5 or more	Density is limited by floor area	Maximum of 4.65, or a 55% increase, whichever is greater	An increase of 33 feet or 3 stories, whichever is greater.	No minimum residential parking is required. Required parking for current or proposed non-residential uses may be reduced by 25%.

Public Land Project and One Hundred Percent Affordable Housing Project Exceptions to Local Base Incentives
1. Regardless of the contrary in the table above, a public land project shall be granted a minimum floor area ratio of 3.0, residential uses, the applicable incentives identified for projects with a maximum allowable residential density of five in the table immediately above, and a height of three stories or 33 feet. Public land projects may also access the incentives in Sub-sub-subparagraph c), below.
2. Regardless of the otherwise applicable use permissions set by the applied Use District (Part 5B.), use permissions for the public land project participating in the Affordable Housing Incentive Program shall be given an A+ use permission level, as described in Subsection B. (Dependent on Most Permissive Adjoining Zone (A+)) of Sec. 5A.3.6. (Depending on Adjoining Zoning (A- & A+).
3. To implement the Affordable Housing Incentive Program, as part of the City’s implementation of the State Density Bonus Law, a public land project that receives a preceding resolution of support from City Council, may seek more than one waiver through the process in Sec. 13B.3.2. (Expanded Administrative Review).
4. Regardless of the local base incentives listed above, a one hundred percent affordable housing project is limited to the density bonus, parking and height incentives in California Government Code Sec. 65915 for a project meeting the eligibility criteria of Section 65915(b)(1)(G), where the project site allows five or more dwelling units (excluding bonus units), and the site is located in Very High Fire Hazard Severity Zone, the Coastal Zone, or Sea Level Rise Area; is on a lot with an applied Density District (Part 6B.) of 1L; or in an Industrial Use District or Industrial-Mixed Use District, that does not allow for residential uses.
Shared Equity Project and Faith-Based Organization Project Exception to Local Base Incentives

A shared equity project or a faith-based organization project shall be limited to the base incentives in the table above for sites with a maximum allowable residential density less than five dwelling units, regardless of the applicable maximum allowable residential density.
1. Measure ULA Exception
  
  A shared equity project receiving funding from a program established under Ord. No. 187,692 (Measure ULA) shall be eligible for incentives as determined by the maximum allowable residential density of the project site.
Additional Base Incentives
1. The required parking for current or proposed community assembly uses owned by a filing religious institution shall be reduced by 50 percent and be counted toward the automobile parking requirement of a project, pursuant to California Government Code Sec. 65913.6.
2. No automobile parking is required for a faith-based organization project, including both residential uses and non-residential uses, when there is a car share vehicle located within one block of the project site.
3. A project shall be exempt from any applicable improvement requirement for roadway widening, including the relocation of an established curb or curb and gutter, pursuant to Div. 10.1. (Street Dedication & Improvement). This incentive shall not require an approval pursuant to Sec. 10.1.10. (Waiver and Appeals). A project utilizing this incentive shall comply with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and complete all other required public right-of-way improvements, including but not limited to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted pursuant to Sec. 10.1.10. (Waiver & Appeals). A project shall further be eligible for relief from some required dedication, where specified by Sec. 10.2.1. (Requirements). Regardless of the above, any otherwise required dedication and improvement shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. A project in a Very High Fire Hazard Severity Zone, Hillside Area, Coastal Zone, or projects subject to procedures in Sec. 13B.2.3. (Class 3 Conditional Use Permit) shall not be eligible for this local base incentive.
Additional Standards for Base Incentives
1. Any additional floor area provided in a local base incentive and exceeding the base floor area ratio allowed by the applied Form District (Part 2B.) shall be dedicated only to residential uses and residential amenity space.
2. Any increase in height shall be applicable to a project site over the entire site regardless of the number of underlying height limits. The height increase may be applied to the maximum allowable height in feet or height in stories permitted by the Form District (Part 2B.).
3. For the purposes of calculating dwelling units granted as a result of a density bonus, any calculation resulting in fractional numbers shall be rounded up to the next whole number.
4. If an applicable Specific Plan, Supplemental District, or Special Zone, or the applied Form District (Part 2B.) allows a tier 1 bonus floor area ratio or tier 1 bonus height higher than what is granted in this program, qualifying projects may instead opt to use the tier 1 bonus floor area ratio or tier 1 bonus height granted by the applicable Specific Plan, Supplemental District, Special Zone, or the applied Form District (Part 2B.), in lieu of the floor area ratio or height granted in the local base incentive.
5. Allautomobile parking stalls provided shall comply with Sec. 4C.4.3. (Parking Area Design), except that any combination of standard, compact or tandem stalls may be provided. Tandem parking stalls that do not comply with Sec. 4C.4.3.C.12. (Tandem Parking) may be provided in any configuration as long as a parking attendant or an automated parking system is provided. Regardless of any otherwise applicable automobile parking design requirement, required automobile parking stalls provided may be either covered or uncovered, consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(p)(4).
6. If applicable, when calculating a project’s required automobile parking stalls, any number resulting in a fraction shall be rounded up to the next whole number.

Additional Incentives

In addition to the applicable base incentives established in Paragraph 2. (Base Incentives), above, a project shall be granted up to five additional incentives in this Paragraph (Additional Incentives). A project that satisfies the applicable eligibility criteria of this Section (Affordable Housing Incentive Program) may receive up to five incentives provided a project includes the applicable percentage of restricted affordable units (excluding units added by a density bonus) that is necessary to obtain the maximum number of incentives available to an income category under California Government Code Sec. 65915, as listed on the table in Sec. 9.2.1.C.3.a.i. (Allowed Number of Additional Incentives). Projects may use incentives to deviate from a development standard or requirement in this Zoning Code (Chapter 1A) or an applicable Specific Plan, Supplemental District, or Special Zone, unless otherwise specifically provided. The five additional incentives may be any combination of incentives listed in Subparagraph a. (Menu of Additional Incentives), below, or incentives requested under Subparagraph b. (Incentives Not Listed on the Menu of Additional Incentives).
1. Menu of Additional Incentives
  
  A project shall be granted requested incentives from the Menu of Additional Incentives listed in Sub-subparagraph i. through xiii., below, pursuant to the procedures in Sec. 9.2.2.D.1.a. (Projects Requesting Base Incentives & Incentives from the Menu of Additional Incentives), below. Regardless of the above, a project described in Subparagraph c. (Exclusions), below, shall not be granted any incentive from the Menu of Additional Incentives.
  1. By-Right Adjustments
    
    Relief from any zoning standard that would otherwise require approval pursuant to Sec. 13B.5.2. (Adjustment) may be granted as an on-menu incentive, and shall not be subject to the requirements of Sec. 13B.5.2. (Adjustment). Each adjustment-equivalent grant shall count as one incentive request. By-right adjustments shall not be granted in the following cases:
    1. A by-right adjustment shall not be used for an increase in height, any modifications of signs standards, or for requests to allow parking in front of buildings, including requests for reduction in parking setbacks that result in automobile parking stalls being located closer to a frontage lot line than other buildings or structures in the project.
    2. A by-right adjustment shall not apply to designated historic resources or non-contributors.
  2. Alternative Frontage Districts
    
    A project may use an alternative Frontage District in lieu of the applicable Frontage District, depending on the applied Use District (Part 5B.) on the project lot, as specified below. Use of this incentive shall count as two incentives due to the number of development standards included in a Frontage District, and shall not be combined with a further by-right adjustment, pursuant to Sub-subparagraph i. (By-Right Adjustments), above, for any of the development standards except for ground story height.
    1. A project located on a lot with an applied Use District listed in Div. 5B.1. (Open Space Use Districts), Div. 5B.2. (Agricultural Use Districts), Div. 5B.3. (Residential Use Districts), Div. 5B.4. (Residential-Mixed Use Districts), or Div. 5B.8. (Public Use Districts) may use the Multi-Unit 2 (MU2) Frontage District, in Sec. 3B.2.2. (Multi-Unit 2 (MU2)).
    2. A project located on a lot with any applied Use District, not listed in Sub-sub-subparagraph (a), above, may use either the Multi-Unit 2 (MU2) Frontage District, in Sec. 3B.2.2. (Multi-Unit 2 (MU2)), or the General 1 (G1) Frontage District, in Sec. 3B.3.1. (General 1 (G1)).
  3. Averaging of Floor Area, Lot Amenity Space, Parking, and Density
    
    A project that is located on two or more abutting lots may average the maximum floor area, minimum lot amenity space, minimum parking, and maximum density over the project site, provided that:
    1. The proposed uses are permitted by the applied Use District (Part 5B.) of each area the proposed uses will be located; and
    2. A covenant running with the land is recorded with the Los Angeles County Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or any other action that may cause the project site to be subdivided subsequent to this grant, is permitted for the life of the project.
  4. Setbacks
    
    A project may reduce all applicable building setbacks by 20 percent or less as specified in Sec. 2C.2.2.F. (Relief). The bundle of reduced setbacks shall require the use of only one incentive.
  5. Upper-Story Bulk
    
    A project may be exempt from any District Boundary Height Transition requirement established in Sec. 2C.6.2. (District Boundary Height Transition) or required by an applicable Specific Plan, Special Zone, or Supplemental District.
  6. Ground Floor Activation
    
    Where floor area dedicated to non-residential uses is required by an applied zoning district or applicable Specific Plan, Supplemental District, or Special Zone, that requirement may be reduced by 50 percent and be satisfied by providing residential lobbies, community rooms, residential amenity spaces, child care facilities, supportive services areas, or another use with the primary purpose of providing services and assistance to residents of the building or the general public
  7. Ground Story Height
    
    A project may provide a ground story height of 10 feet in lieu of an otherwise applicable ground story height requirement. This incentive shall not be combined with a by-right adjustment related to ground story height, pursuant to Sub-subparagraph i. (By-Right Adjustments), above, or used in conjunction with an alternative frontage, pursuant to Sub-subparagraph ii. (Alternative Frontage Districts), above.
  8. Commercial Parking
    
    A project may request the elimination of any requirement to provide new or maintain existing automobile parking stalls associated with a general commercial use or heavy commercial use that is proposed in conjunction with the project.
  9. Density Calculation
    
    Any area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the applied Density District (Part 6B.).
  10. Building Coverage
    
    Up to a 25 percent increase in building coverage limits is allowed.
  11. Lot Width
    
    Up to 25 percent decrease in the required lot width is allowed.
  12. Low-Density Lot Requirements
    
    A faith-based organization project or a shared equity project on a lot with a maximum allowable residential density of less than five dwelling units is eligible for a reduction of otherwise required lot size standards as part of a small lot subdivision as follows:
    1. Minimum lot area: 600 square feet
    2. Minimum lot width: 15 feet
    3. Minimum lot access: A three-foot pedestrian accessway may be provided in lieu of otherwise required automobile access requirements.
  13. Low-Density Setbacks
    
    A faith-based organization project or a shared equity project on a lot with a maximum allowable residential density of less than five dwelling units is eligible for the reduction of otherwise required building setback standards, up to the following minimums:
    1. Primary street setback reductions are limited to no more than the average of the primary street setbacks of buildings on abutting lots facing the same primary street lot line. If a project is located on a corner lot or adjacent to a vacant lot, the primary street setback may align with the building face of the forward-most building on the abutting lot facing the same primary street lot line. If there are no buildings on abutting lots, no reduction in primary street setback is permitted. If a project occupies all the lots on an entire block, a reduction to the primary street setback is permitted when combined with an increase in the rear setback of the same dimension.
    2. Side setback of four feet for a three-story structure, or three feet for a two-story structure.
    3. A project providing dwelling units as part of a small-lot subdivision may utilize an interior side setback of zero feet.
    4. Rear setback of four feet.
    5. Alley setbacks of zero feet for a structure that maintains a height of less than 26 feet in height for at least the first 15 feet from the alley lot line.
2. Incentives Not Listed on the Menu of Additional Incentives
  
  A project may request incentives not listed in Subparagraph a. (Menu of Additional Incentives), above, or in excess of an incentive allowed in Subparagraph a. (Menu of Additional Incentives), above, subject to the approval process in Sec. 9.2.2.D.1.b. (Projects Requesting Incentives Not on the Menu of Additional Incentives), below.
3. Exclusions
  
  Projects meeting either of the criteria below are not eligible to use the Menu of Additional Incentives established in Subparagraph a. (Menu of Additional Incentives), above:
  1. Projects located in a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area, or
  2. Projects requiring demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of either
    1. a designated historic resource, or
    2. a surveyed historic resource identified in a Specific Plan, CPIO or Conservation District for any historic protection, special consideration, or special review for historic or architectural significance.
Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the additional incentives granted pursuant to Paragraph 3. (Additional Incentives) above, subject to the approval process in Sec. 9.2.2.D.1.c. (Projects Requesting Waivers) below.
Public Benefits

A project may access additional floor area ratio or height, or other modifications of standards by providing one or more public benefits, as described below. Projects providing public benefits shall be reviewed and approved pursuant to the processes provided in Sec. 9.2.2.D.1.d. (Projects Providing Public Benefits), below.
1. Any project providing a childcare facility meeting the standards in Sec. 9.3.4.C.4.a. (Childcare Facility) of Sec. 9.3.4. (Public Benefits Menu) shall receive either the incentive in Sub-subparagraphs i. or ii., below:
  1. Additional floor area for residential use equivalent to the total floor area dedicated to a qualifying childcare facility in the project, or
  2. One additional incentive from the Menu of Additional Incentives (Sec 9.2.2.C.3.a.) or an incentive not listed on the Menu of Additional Incentives (Sec 9.2.2.C.3.b.) that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. Any project, except for (a) a faith-based organization project, or (b) a one hundred percent affordable housing project located in whole or in part on a lot in a Very High Fire Hazard Severity Zone, the Coastal Zone, or a Sea Level Rise Area, is eligible to utilize the following public benefits options:
  1. Any public benefit options listed for Public Benefits Incentive Set 2 (Sec. 9.3.4.C.3.b.); and
  2. Any public benefit options listed for any Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.).
3. Multiple public benefit options can be provided by one project in order to combine and stack public benefit bonuses and may exceed the tier 2 bonus floor area ratio and the tier 2 bonus height of the applied Form District.
4. A project that provides five or more public benefit options shall receive an additional 11 feet in height in addition to any height bonus(es) granted through base incentives, additional incentives, waivers, and public benefits pursuant to Paragraphs 2., 3., 4., and 5. of this Subsection (Program Rules).

Administration
1. Procedures
  
  The following review and approval procedures apply to projects participating in the Affordable Housing Incentive Program. Ministerial approval in this Paragraph shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec. 65583.2(i).
  1. Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives
    
    A project requesting only the base incentives provided in Paragraph. 2. (Base Incentives) of Subsection C. (Program Rules), above, orincentives from the menu of additional incentives as listed in Sec. 9.2.2.C.3.a. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.2.C.4. (Waivers) or off-menu incentive under Sec. 9.2.2.C.3.b. (Incentives Not Listed on the Menu of Additional Incentives), shall be granted with a ministerial approval by the Department of Building and Safety, subject to the following:
    1. Additional incentives shall comply with the additional standards in Sec. 9.2.2.D.2.a. (Standards for Review for Additional Incentives), below; and,
    2. A faith-based organization project or a shared equity project on a lot that includes a surveyed historic resource shall be reviewed pursuant to Sec. 13B.3.2. (Expanded Administrative Review), unless the project proposes alterations to the surveyed historic resource that do not conform to the Secretary of Interior’s Standards for the Treatment of Historic Properties, as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted as determined by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning; and in that case is subject to review pursuant to Sec. 13B.2.5. (Director Determination).
  2. Projects Requesting Incentives Not Listed on the Menu of Additional Incentives
    
    A project requesting incentives pursuant to Sec. 9.2.2.C.3.b. (Incentives Not Listed on the Menu of Additional Incentives) shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review) and shall be granted subject to the additional standards provided in Sec. 9.2.2.D.2.a. (Standards for Review for Additional Incentives), below.
    1. Exceptions
      
      A faith-based organization project or a shared equity project on a lot that includes a surveyed historic resource shall be reviewed pursuant to Sec. 13B.2.5. (Director Determination), if the project proposes alterations to the surveyed historic resource that does not conform to the Secretary of Interior’s Standards for the Treatment of Historic Properties, as determined by the Office of Historic Resources in consideration of an expert study.
  3. Projects Requesting Waivers
    
    A project requesting a waiver, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the number of additional incentives permitted pursuant to Sec. 9.2.2.C.3. (Additional Incentives) above, shall be reviewed and approved as follows:
    1. Projects requesting only one waiver pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be reviewed pursuant to Sec. 13B.3.2. (Expanded Administrative Review).
      1. Exceptions
        
        A faith-based organization project or a shared equity project on a lot that includes a surveyed historic resource shall be reviewed pursuant to Sec. 13B.2.5. (Director Determination), if the project proposes alterations to the surveyed historic resource that does not conform to the Secretary of Interior’s Standards for the Treatment of Historic Properties, as determined by the Office of Historic Resources in consideration of an expert study.
    2. A project requesting two or three waivers pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be reviewed pursuant to Sec. 13B.2.5. (Director Determination).
    3. A project requesting more than three waivers pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be reviewed pursuant to Sec. 13B.2.3. (Class 3 Conditional Use).
    4. Regardless of any provision of Div. 13B.2. (Quasi-Judicial Review), findings for waivers shall be those in Subparagraph b. (Required Findings for Waivers) of Paragraph 2. (Standards for Review and Required Findings), in lieu of any findings in Div. 13B.2. (Quasi-Judicial Review); and waivers requiring a Class 3 Conditional Use Permit are final at the City Planning Commission and are not appealable. Waivers requiring a Director Determination are appealable to the City Planning Commission.
    5. A public land project that received a preceding resolution of support from City Council may request more than one waiver through Sec. 13B.3.2. (Expanded Administrative Review) and applicable findings.
  4. Projects Providing Public Benefits
    
    A project requesting higher incentives or additional incentives in exchange for providing one or more public benefits as provided in Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review).
  5. Other Discretionary Approvals
    
    Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to a project seeking other discretionary approvals in conjunction with any approvals requested pursuant to the Affordable Housing Incentive Program, including those listed in Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), or Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above. Regardless of any other findings that may be applicable for the other discretionary approvals, the decision maker shall approve the incentives requested pursuant to the Affordable Housing Incentive Program, subject to any procedures established in this Paragraph 1. (Procedures), and findings and standards established in Paragraph 2. (Standards for Review and Required Findings), below.
  6. Density Bonuses, Incentives or Waivers Exceeding this Program
    
    A project that seeks additional density bonuses, incentives or waivers beyond what is expressly allowed by this Sec. 9.2.2. (Affordable Housing Incentive Program), shall be reviewed pursuant to Sec. 9.2.1. (State Density Bonus Program), including the requirements and findings in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive).
2. Standards for Review and Required Findings
  1. Standards for Review for Additional Incentives
    
    For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. Density Bonuses and Other Incentives), Sec. 65915(k). Additional incentives allowed pursuant to Sec. 9.2.2.C.3. (Additional Incentives), above, shall be granted unless one of the following written findings are made, based upon substantial evidence:
    1. The incentive does not result in identifiable and actual cost reductions, consistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k), to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c); or
    2. The incentive will have a specific adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income households and moderate income households. Inconsistency with the zoning ordinance or General Plan Land Use Designation shall not constitute a specific adverse impact upon the public health or safety; or
    3. The incentive would be contrary to state or federal law.
  2. Required Findings for Waivers
    
    For the purposes of required findings for waivers, ‘development standard’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(o)(2). Waivers pursuant to Sec. 9.2.2.C.4. (Waivers), above, shall be approved by the applicable decision maker unless the decision maker makes one of the following findings, based upon substantial evidence:
    1. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), above, at the densities or with the base incentives and additional incentives permitted above; or
    2. The waiver would have a specific adverse impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Inconsistency with the zoning ordinance or General Plan Land Use Designation shall not constitute a specific adverse impact upon the public health or safety; or
    3. The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
    4. The waiver would be contrary to state or federal law.
3. Records and Agreements
  
  Prior to the issuance of a building permit for any project participating in the Affordable Housing Incentive Program and utilizing one or more incentives pursuant to this Section (Affordable Housing Incentive Program), covenants acceptable to the Los Angeles Housing Department and meeting the requirements in this Section (Affordable Housing Incentive Program) and Div. 4C.15. (Resident Protections) shall be recorded with the Los Angeles County Recorder. For shared equity projects, covenants shall restrict the resale of the property to Community Land Trusts, as defined in California Revenue and Taxation Code Sec. 402.1(a)(11)(C)(ii), Limited Equity Housing Cooperatives and Workforce Housing Cooperative Trusts, as defined in California Civil Code Sec. 817, public agencies, or nonprofit affordable housing corporations pursuant to Sec. 501(c)(3) of the United States Internal Revenue Code.
4. Vesting
  
  An application for an entitlement that was filed and fees paid prior to the date on which this Section (Affordable Housing Incentive Program) becomes operative, shall be subject to all applicable provisions of this Chapter, including anyincentive menus or provisions, that were in effect on the date the application was filed and fees were paid where a public hearing, when required, has been held. An application for an entitlement that was filed and fees paid prior to the date on which this Section (Affordable Housing Incentive Program) becomes operative, may elect to apply the Procedures and comply with the Administration requirements of this Section (Affordable Housing Incentive Program), if a public hearing, when required, has not yet been held for the project. Any such project shall be subject to all other applicable provisions in this Chapter that were in effect on the date the application was filed. Projects shall only be eligible for the incentives of this Section (Affordable Housing Incentive Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (Affordable Housing Incentive Program).

Sec. 9.2.3. Opportunity Corridors Housing Incentive Program

Intent

The Opportunity Corridors Housing Incentive Program aims to establish specific incentives and procedures for the local implementation of State Density Bonus requirements, pursuant to California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n), in order to encourage the creation and development of restricted affordable units in mixed-income developments along transit corridors in higher opportunity areas, and to ensure an equitable distribution of affordable housing across the City.
Applicability

This Section (Opportunity Corridors Housing Incentive Program), the “Opportunity Corridors Housing Incentive Program”, applies to a project providing restricted affordable units in exchange for incentives granted in this Section (Opportunity Corridors Housing Incentive Program), and the project meets the eligibility criteria in Sec. 9.2.3.C.1. (Eligibility), below, and involves a project activity listed in Paragraph 1. (Project Activities), below.
1. Project Activities
  
  The following project activities are subject to the Opportunity Corridors Housing Incentive Program:
  1. New construction for which all new floor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  2. A use modification, including the conversion of existing floor area from a commercial use to a residential use or an increase in dwelling units within existing floor area, for which all resulting new floor area and all renovated floor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  3. A lot modification, including a subdivision, or common interest development (as defined in California Civil Code, Sec. 4100), that results in dwelling units that meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
2. Reconciling Provisions
  1. Relationship to Other Incentive Programs
    
    A project is ineligible for the bonuses, incentives and procedures in the Opportunity Corridors Housing Incentive Program if it is participating in any other housing incentive program in the Los Angeles Municipal Code, or in a Specific Plan, Supplemental District, or Special Zone, or in any other City regulation or guideline, except:
    1. Projects participating in the Opportunity Corridors Housing Incentive Program may utilize the streamlining incentives granted through the Housing Element Sites Streamlining Program (Sec. 9.2.6.), provided that the projects meet the eligibility requirements and program rules for both programs.
    2. Projects that meet the definition of a Type I Adaptive Reuse Project, and the eligibility requirements for both the Opportunity Corridors Housing Incentive Program and the Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse Program), may participate in both incentive programs and receive incentives pursuant to both programs. The portion of the Type I Adaptive Reuse Project consisting of new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options provided in Paragraphs 2., 3., 4., and 5. of Subsection C. (Program Rules), below, unless otherwise stated, and the project shall comply with Paragraph 1. (Procedures) in Subsection D. (Administration)) based on the corresponding project type definition and associated project request.
    3. This Section (Opportunity Corridors Housing Incentive Program) expressly authorizes a project to use another housing incentive program, as specified.
  2. Relationship to Specific Plans, Special Districts, and Special Zones
    
    As this Section (Opportunity Corridors Housing Incentive Program) implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between the provisions of an applicable Specific Plan, Supplemental District, or Special Zone, and the provisions of this Section (Opportunity Corridors Housing Incentive Program), the provisions of this Section (Opportunity Corridors Housing Incentive Program) shall prevail where a project seeks approval through this Section (Opportunity Corridors Housing Incentive Program).
  3. Relationship to Other Zoning Provisions
    1. General
      
      As this Section (Opportunity Corridors Housing Incentive Program) implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between the provisions of this Section (Opportunity Corridors Housing Incentive Program) and any other provision of this Zoning Code (Chapter 1A), the provisions of this Section (Opportunity Corridors Housing Incentive Program) shall prevail.
    2. Relationship to Inclusionary Housing
      
      Restricted affordable units provided in order to meet the eligibility criteria for participation in the Opportunity Corridors Housing Incentive Program may also be used in order to count toward the restricted affordable units required by the Inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program) where applicable.
    3. Regardless of the otherwise applicable Development Review Threshold Package required by the applied Development Standards District (Part 4B.) and the requirements of the Development Review (Sec. 4C.14.), projects participating in the Opportunity Corridors Housing Incentive Program are exempt from review pursuant to Sec. 13B.2.4. (Project Review).
  4. Relationship to State Density Bonus Law
    
    The Opportunity Corridors Housing Incentive Program is intended to be consistent with State Density Bonus Law at California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918. If at any time, the Opportunity Corridors Housing Incentive Program becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, as determined by the Director, the provisions of State Density Bonus Law shall supersede the provisions in this Section (Opportunity Corridors Housing Incentive Program). The Director may prepare Implementation Memorandums, Technical Bulletins, and/or User Guides for the purposes of providing additional guidance on the implementation of this Section (Opportunity Corridors Housing Incentive Program) and maintaining consistency with the State Density Bonus Law.

Program Rules

Eligibility

To be eligible for any base incentives, additional incentives, waivers, public benefits, or other incentives provided in the Opportunity Corridors Housing Incentive Program in Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers) and Paragraph 5. (Public Benefits), below, a project shall comply with all requirements provided in this Paragraph (Eligibility), as applicable, and provide any required restricted affordable units in order to obtain any particular incentive.

Unit Threshold

A project must have a minimum of five or more dwelling units. The units counted for purposes of this requirement includes dwelling units permitted as a result of a density bonus granted pursuant to Paragraph 2. (Base Incentives), below.
Zoning

The project shall not be located on a lot with an applied Density District (Part 6B.) of N or 1L or with an applied Use District (Part 5B.) in Div. 5B.7. (Industrial Use Districts).
Residential Uses

A minimum of 2/3 of the total floor area of a project, including newly constructed floor area and renovated or converted floor area, must be dedicated to residential use and residential amenity space for the units.
Mixed Income Housing Incentive Map

A project must be located on a lot, in whole or in part, for which an Opportunity Corridors Housing Incentive Set has been mapped on the Mixed Income Housing Incentive Map (Sec. 1.5.17.), or is mapped through a Specific Plan, a Supplemental District, or a Special Zone.

Affordability Levels

The project shall reserve a minimum percentage of its dwelling units for restricted affordable units on-site according to the Mixed Income Incentive Set designated for the project lot, based on the housing market tier or the opportunity area of the lot, and subject to the affordability standards in Sub-subparagraphs i. through v., below.

Single or Mixed Affordability Option

A project may opt to meet its affordability requirement by providing restricted affordable units at rates determined by the methodology provided in: Sub-sub-subparagraph a) (Single Affordability Requirements), below; Sub-sub-subparagraph b) (Mixed Affordability Options), below; or Sub-sub-subparagraph c) (Low Income Site Affordability Requirements), below, as applicable.

Single Affordability Requirements

A project opting to use the “Single Affordability Requirements” shall provide restricted affordable units for one of the income levels listed in the “Income Levels” column in the table below at the corresponding percentage of total dwelling units (all units including bonus units) for the applicable Opportunity Corridors Incentive Set and Market Tier for the project lot.

Single Affordability Requirements
Mixed Income Incentive Set	Market Tiers	Income Levels
Mixed Income Incentive Set	Market Tiers	Extremely Low Income	Very Low Income	Low Income
OC-3	High Medium and High Market Tiers	13%	17%	27%
OC-2		12%	16%	25%
OC-1		11%	14%	23%
OC-3	Low and Medium Market Tiers	11%	15%	25%
OC-2		10%	14%	23%
OC-1		9%	12%	21%

Mixed Affordability Requirements

A project in a higher opportunity area, as specified by the California Tax Credit Allocation Committee (TCAC) opportunity area for the project lot, may use the “Mixed Affordability Options” table to meet its restricted affordable unit requirement. Under this option a project may provide restricted affordable units at the percentages and in the combinations listed in the “Income Levels” columns in the following table, by applying the percentages to all project units (including bonus units). A project opting to use the Mixed Affordability Options must also provide at least one restricted affordable unit containing four or more habitable rooms at the acutely low-income affordability level.

Mixed Affordability Options
TCAC Opportunity Area	Income Levels
TCAC Opportunity Area	Acutely Low Income	Extremely Low Income	Very Low Income	Moderate Income
Higher Opportunity Areas	4%	4%	-	12%

Low Income Site Affordability Requirements

A project on a site identified in Sec. 1.5.15. (Lower Income Rezoning Housing Element Sites Map) may meet its affordability requirement by providing 20 percent of its on-site restricted affordable units for lower income households, consistent with California Government Code Sec. 65583.2.

Opportunity Corridors Housing Incentive Set Designation

The applicable Opportunity Corridors Housing Incentive Set shall be determined based on the designation shown on the Mixed Income Housing Incentive Map established in Sec. 1.5.17. (Mixed Income Housing Incentive Map) or is mapped through a Specific Plan, a Supplemental District, or a Special Zone.
Calculating Affordability Requirements

In calculating the minimum percentage of restricted affordable units, the percentage of each affordability level shall be based on the total project dwelling unit count, including dwelling units permitted as a result of a density bonus. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit).
Housing Market Tier Designation

A project’s housing market tier shall be determined by the residential market areas adopted by City Council resolution, as described in Sec. 15.4.3. (Affordable Housing Linkage Fee).
Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted affordable unit shall not exceed those specified in California Health and Safety Code, Sec. 50052.5 (Affordable Housing Costs) for for-sale units or California Health and Safety Code, Sec. 50053 for rental units. Covenants documenting required rental or for sale rates shall be recorded pursuant to the procedures described in Sec. 9.2.3.D.3. (Records and Agreements). Restricted affordable units associated with one hundred percent affordable housing projects shall comply with the affordability specified in Sec. 9.2.2.C.1.d.ii.a. (One Hundred Percent Affordable Housing Projects).

Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition protections established in Div. 4C.15. (Resident Protections). Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted affordable unit requirements. In calculating replacement units, any number resulting in a fraction shall be rounded up to the next whole number.
Fair Housing Requirements

Restricted affordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted affordable units established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared and adopted by the Los Angeles Housing Department or Department of City Planning.
Historic Resources
1. A project requiring the demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of a designated historic resource, or surveyed historic resource identified for historic protection or special consideration or review by an applicable Specific Plan, CPIO or Conservation District is not eligible for incentives under the Opportunity Corridors Housing Incentive Program.
2. A project involving the alteration of a designated historic resource shall be consistent with the Secretary of the Interior's Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning.
Unit Habitability Requirements

For purposes of this Section (Opportunity Corridors Housing Incentive Program), the term “dwelling unit” or “unit” shall mean a complete independent living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and sanitation. The term “dwelling unit” or “unit” in this Section (Opportunity Corridors Housing Incentive Program) shall not be a reference to a household dwelling unit, a shared housing unit, or an efficiency dwelling unit.

Base Incentives

A project meeting the eligibility criteria in Paragraph 1. (Eligibility), shall be granted the following base incentives, Sec. 9.2.3.D.1.a. (Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives).

The project may utilize an Alternate Typology established in Div. 7B.6. (Opportunity Corridors) as provided in the table below.

Opportunity corridors incentive set mapped on the Mixed Income Housing Incentive Map (Sec. 1.5.17.)	Applied Use District	Eligible Opportunity Corridors Alternate Typologies (Div. 7B.6.)
OC-1A	Residential Use Districts, Residential Mixed-Use Districts, Agricultural Use Districts	Opportunity Corridors 1A OC-1A (Sec. 7B.6.1.)
OC-1B	Commercial Mixed-Use Districts, Industrial Mixed-Use Districts, Public Use Districts	Opportunity Corridors 1B OC-1B (Sec. 7B.6.2.)
OC-2A	Commercial Mixed-Use Districts, Industrial Mixed-Use Districts, Public Use Districts	Opportunity Corridors 2A OC-2A (Sec. 7B.6.3.)
OC-2B	Commercial Mixed-Use Districts, Industrial Mixed-Use Districts, Public Use Districts	Opportunity Corridors 2B OC-2B (Sec. 7B.6.4.)
OC-3A	Residential Use Districts, Residential Mixed-Use Districts, Agricultural Use Districts	Opportunity Corridors 3A OC-3A (Sec. 7B.6.5.)
OC-3B	Commercial Mixed-Use Districts, Industrial Mixed-Use Districts, Public Use Districts	Opportunity Corridors 3B OC-3B (Sec. 7B.6.6.)

The project shall be exempt from any applicable improvement requirement for roadway widening, including the relocation of an established curb or curb and gutter, pursuant to Div. 10.1. (Street Dedication & Improvement). This incentive shall not require an approval pursuant to Sec. 10.1.10. (Waiver and Appeals). A project utilizing this incentive shall comply with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and complete all other required public right-of-way improvements, including but not limited to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted pursuant to Sec. 10.1.10. (Waiver & Appeals). A project shall further be eligible for relief from some required dedication, where specified by Sec. 10.2.1. (Requirements). Regardless of the above, any otherwise required dedication and improvement shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. A project in a Very High Fire Hazard Severity Zone, Hillside Area, or Coastal Zone, or projects subject to procedures in Sec. 13B.2.3. (Class 3 Conditional Use Permit) shall not be eligible for this base incentive.

Additional Incentives

In addition to the applicable base incentives provided in Paragraph 2. (Base Incentives), above, a project shall be granted up to four additional incentives in this Paragraph (Additional Incentives). Such a project may receive up to four incentives provided a project includes the applicable percentage of restricted affordable units (excluding units added by a density bonus) that is necessary to obtain the maximum number of incentives available to an income category under California Government Code Sec. 65915, as listed on the table in Sec. 9.2.1.C.3.a.i. (Allowed Number of Additional Incentives). Projects may use incentives to deviate from a development standard or requirement in this Zoning Code (Chapter 1A) or in an applicable Specific Plan, Supplemental District, or Special Zone, unless otherwise specifically provided. The four additional incentives may be any combination of incentives listed in Subparagraph a. (Menu of Additional Incentives), below, or incentives requested under Subparagraph b. (Incentives Not Listed on the Menu of Additional Incentives).
1. Menu of Additional Incentives
  
  A project shall be granted requested incentives from the Menu of Additional Incentives listed in Sub-subparagraphs i. through v., below, pursuant to the procedures in Sec. 9.2.3.D.1.a. (Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives), below.
  1. By-Right Adjustments
    
    Relief from any zoning standard that would otherwise require approval pursuant to Sec. 13B.5.2. (Adjustment) may be granted as an on-menu incentive, and shall not be subject to the requirements of Sec. 13B.5.2. (Adjustment). Each adjustment-equivalent grant shall count as one incentive request. By-right adjustments shall not be granted in the following cases:
    1. A by-right adjustment shall not apply to standards that regulate FAR, height, any modifications of signs standards, or for requests to allow parking in front of buildings, and lot amenity space.
    2. A by-right adjustment shall not apply to a designated historic resource or a non-contributor.
  2. Averaging of Floor Area, Lot Amenity Space, Parking, and Density
    
    A project that is located on two or more abutting lots may average the maximum floor area, minimum lot amenity space, minimum parking, and maximum density over the project site, provided that:
    1. The proposed uses are permitted by the applied Use District (Part 5B.) of each area the proposed uses will be located; and
    2. A covenant running with the land is recorded with the Los Angeles County Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or any other action that may cause the project site to be subdivided subsequent to this grant, is permitted for the life of the project.
  3. Density Calculation
    
    Any area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the applied Density District (Part 6B.).
  4. Building Coverage
    
    Up to a 25 percent increase in building coverage limits is allowed.
  5. Lot Width
    
    Up to 25 percent decrease in the required lot width is allowed.
2. Incentives Not Listed on the Menu of Additional Incentives
  1. A project may request incentives not listed in, or in excess of an incentive allowed in, Subparagraph a. (Menu of Additional Incentives), above, subject to the approval process in Sec. 9.2.3.D.1.b. (Projects Requesting Incentives Not on the Menu of Additional Incentives), below, with the exception of any modification listed in Sub-subparagraph ii., below.
  2. Modifications to the following standards, or their equivalents in an applicable Specific Plan, Supplemental District, or Special Zone, altering the criteria or level of relief allowed in Sub-subparagraph i. (By-Right Adjustments) of Subparagraph a. (Menu of Additional Incentives), above, shall not be granted as an additional incentive through this Section (Opportunity Corridors Housing Incentive Program) and are not eligible for approval through this Section (Opportunity Corridors Housing Incentive Program). Projects that seek these types of incentives not on the menu shall seek approval pursuant to the procedures, incentives and other requirements in Sec. 9.2.1. (State Density Bonus Program):
    1. Lot Amenity Space (Sec. 2C.3.1.);
    2. Any floor area ratio and height restriction established in Div. 2C.4. (Floor Area Ratio & Height);
    3. Any upper story bulk limitations established in Div. 2C.6. (Upper-Story Bulk);
    4. Building Width (Sec. 2C.5.1.);
    5. Building Setbacks (Sec. 2C.2.2.);
    6. Ground story design requirements specified by the applied Frontage District (Part 3B.); or
    7. Required Trees (Sec. 4C.6.2.).
Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the additional incentives granted pursuant to Paragraph 3. (Additional Incentives) above, subject to the procedures in Sec. 9.2.3.D.1.c. (Projects Requesting Waivers) below.
Public Benefits
1. A project may access up to the tier 2 bonus floor area ratio and tier 2 bonus height allowed by the eligible Opportunity Corridors Alternate Typology established in Div. 7B.6. (Opportunity Corridors) or by an applicable Specific Plan, Supplemental District, or Special Zone, by providing one or more of the public benefits pursuant to Sec. 9.3.4. (Public Benefits Menu) pursuant to the following options:
  1. Any public benefit options listed for Public Benefits Incentive Set 2, as established in Sec. 9.3.4. (Public Benefits Menu).
  2. A project providing public benefits shall also be eligible to provide one or more of the public benefit options listed for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.). The mapped Public Benefits Incentive Set shall establish the floor area ratio and height bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu).
2. Multiple public benefit options can be provided by one project in order to combine and stack public benefit bonuses, but in no case shall the total bonus received exceed the tier 2 bonus floor area ratio and tier 2 bonus height, allowed by the eligible Opportunity Corridors Alternate Typology established in Div. 7B.6. (Opportunity Corridors).
3. Projects providing public benefits shall be reviewed and approved pursuant to the processes outlined in in Sec. 9.2.2.D.1.d. (Projects Providing Public Benefits), below.

Administration
1. Procedures
  
  The following review and approval procedures apply to projects participating in the Opportunity Corridors Housing Incentive Program. Ministerial approval in this Paragraph (Procedures) shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec. 65583.2(i).
  1. Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives
    
    A project requesting only the base incentives outlined in Sec. 9.2.3.C.2. (Base Incentives), above, or additional on-menu incentives as outlined in Sec. 9.2.3.C.3.a. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.3.C.4. (Waivers) or off-menu incentives under Sec. 9.2.3.C.3.b. (Incentives Not Listed on the Menu of Additional Incentives), shall be subject to a ministerial approval process by the Department of Building and Safety. Additional incentives approved by the Department of Building and Safety shall comply with the additional standards in Sec. 9.2.3.D.2.a. (Standards for Review for Additional Incentives), below.
  2. Projects Requesting Incentives Not on the Menu of Additional Incentives
    
    A project requesting incentives pursuant to Sec. 9.2.3.C.3.b. (Incentives Not on the Menu of Additional Incentives), above, shall be subject to a ministerial approval process pursuant to Sec. 13B.3.2. (Expanded Administrative Review) and shall be granted subject to the additional standards in Sec. 9.2.3.D.2.a. (Standards for Review for Additional Incentives), below.
  3. Projects Requesting Waivers
    
    A project requesting a waiver, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the number of additional incentives permitted pursuant to Sec. 9.2.3.C.3. (Additional Incentives) above, shall be reviewed as follows:
    1. A project requesting only one waiver pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be approved pursuant to Sec. 13B.2.5. (Director Determination).
    2. A project requesting more than one waiver pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be approved pursuant to Sec. 13B.2.3. (Class 3 Conditional Use).
    3. Regardless of any provision of Div. 13B.2. (Quasi-Judicial Review), findings for waivers shall be those in Subparagraph b. (Required Findings for Waivers) of Paragraph 2. (Standards for Review and Required Findings), in lieu of the findings in Div. 13.B.2. (Quasi-Judicial Review); and waivers requiring a Class 3 Conditional Use Permit are final at the City Planning Commission and are not appealable. Waivers requiring a Director Determination are appealable to the City Planning Commission.
  4. Projects Providing Public Benefits
    
    A project requesting higher incentives or additional incentives in exchange for providing one or more public benefits as outlined in Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review). Such requests shall not be subject to any hearing procedures regardless of the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review).
  5. Other Discretionary Approvals
    
    Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to projects seeking other discretionary approvals in conjunction with any incentives requested pursuant to the Opportunity Corridors Housing Incentive Program including those listed in Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), or Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above. Regardless of any other findings that may be applicable for the other discretionary approvals, the decision maker shall approve the incentives requested pursuant to the Opportunity Corridors Housing Incentive Program, subject to any procedures established in Paragraph 1. (Procedures), above, and standards established in Paragraph 2. (Standards for Review and Required Findings), below.
  6. Density Bonuses, Incentives or Waivers Exceeding this Program
    
    Projects that seek additional density bonuses, incentives or waivers beyond what is expressly allowed by this Section (Opportunity Corridor Housing Incentive Program), shall be reviewed pursuant to Sec. 9.2.1. (State Density Bonus Program), including the requirements and findings in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive)
2. Standards for Review and Required Findings
  1. Standards for Review for Additional Incentives
    
    For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k). Additional incentives allowed pursuant to Sec. 9.2.3.C.3. (Additional Incentives), above, shall be granted unless one of the following written findings are made, based upon substantial evidence:
    1. The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c); or
    2. The incentive will have a specific adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income households and moderate income households. Inconsistency with the zoning ordinance or General Plan Land Use Designation shall not constitute a specific adverse impact upon the public health or safety; or
    3. The incentive would be contrary to state or federal law.
  2. Required Findings for Waivers
    
    For the purposes of required findings for waivers, ‘development standard’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(o)(2). Waivers allowed pursuant to Sec. 9.2.3.C.4. (Waivers) shall be approved by the applicable decision maker unless the decision maker makes one of the following findings, based upon substantial evidence:
    1. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), above, at the densities or with the base incentives and additional incentives permitted under Subsection C. (Program Rules), above.
    2. The waiver would have a specific adverse impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
    3. The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
    4. The waiver is contrary to state or federal law.
3. Records and Agreements
  
  Prior to the issuance of a building permit for any project participating in the Opportunity Corridors Housing Incentive Program and utilizing one or more incentives pursuant to this Section (Opportunity Corridors Housing Incentive Program), covenants acceptable to the Los Angeles Housing Department and meeting the requirements in this Section (Opportunity Corridors Housing Incentive Program) and Div. 4C.15. (Resident Protections) shall be recorded with the Los Angeles County Recorder.
4. Vesting
  
  An application for an entitlement that was filed and fees paid prior to the date on which this Section (Opportunity Corridors Housing Incentive Program) becomes operative, shall be subject to all applicable provisions of this Chapter, including any incentive menus or other provisions, that were in effect on the date the application was filed and fees were paid. Projects shall only be eligible for the incentives, procedures and other provisions of this Section (Opportunity Corridors Housing Incentive Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (Opportunity Corridors Housing Incentive Program).

Sec. 9.2.4. Corridor Transitions Incentive Program

Intent

The Corridor Transitions Incentive Program aims to establish specific incentives and procedures for the local implementation of State Density Bonus requirements, pursuant to California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n), and to facilitate the creation and development of restricted affordable units in lower density areas in the City, in order to aid in smoothing the transition between higher-scale development along principal corridors to lower-scale development in interior neighborhoods. The Corridor Transitions Incentive Program provides the rules and framework for offering graduated increases in density and floor area ratio to meet this goal, while responding to lower-scale residential design needs and constraints.
Applicability

This Section (Corridor Transitions Incentive Program), the “Corridor Transitions Incentive Program,” applies to a project providing restricted affordable units in exchange for incentives granted in this Section (Corridor Transitions Incentive Program), and the project meets the eligibility criteria in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below, and involves a project activity listed in Paragraph 1. (Project Activities), below.
1. Project Activities
  
  The following project activities are subject to the Corridor Transitions Incentive Program:
  1. New construction for which all new floor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  2. A use modification, including the conversion of existing floor area from a commercial use to a residential use or an increase in dwelling units within existing floor area, for which all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria outlined in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  3. A lot modification that results in dwelling units that meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules).
2. Reconciling Provisions
  1. Relationship to Other Incentive Programs
    
    A project participating in the Corridor Transitions Incentive Program shall be ineligible for the incentives and procedures of any other housing incentive program in this Article (Public Benefit Systems), elsewhere in the Los Angeles Municipal Code, or in a Specific Plan, Supplemental District, or Special Zone, or in any other City regulation or guideline, except:
    1. A project participating in the Corridor Transitions Incentive Program may also utilize the streamlining incentives granted through the Housing Element Sites Streamlining Program (Sec. 9.2.6.), provided that the project meets the eligibility requirements and program rules for both programs.
    2. Projects that meet the definition of a Type I Adaptive Reuse Project and the eligibility requirements for both the Corridor Transitions Incentive Program and the Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse Program), may participate in both incentive programs and receive incentives pursuant to both programs. The portion of the Type I Adaptive Reuse Project consisting of new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options provided in Paragraphs 2., 3., 4., and 5. of Subsection C. (Program Rules), below, unless otherwise stated, and the project shall comply with Paragraph 1. (Procedures) in Subsection D. (Administration) based on the corresponding project type definition and associated project request.
  2. Relationship to Specific Plans, Supplemental Districts, and Special Zones
    
    As this Section (Corridor Transitions Incentive Program) implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event an applicable Specific Plan, Supplemental District, or Special Zone differs from the procedures, requirements, and provisions of this Section (Corridor Transitions Incentive Program), the provisions of this Section (Corridor Transitions Incentive Program) shall prevail where a project applicant seeks approval through this Section (Corridor Transitions Incentive Program).
  3. Relationship to Other Zoning Provisions
    1. General
      
      As this Section (Corridor Transitions Incentive Program) implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between the provisions of this Section (Corridor Transitions Incentive Program) and any other provision of this Zoning Code (Chapter 1A), the provisions of this Section (Corridor Transitions Incentive Program) shall prevail.
    2. Relationship to Inclusionary Housing
      
      Restricted affordable units provided in order to meet the eligibility criteria for participation in the Corridor Transitions Incentive Program may also be used in order to count toward the restricted affordable units required by the Inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program), where applicable.
    3. Relationship to Project Review Threshold Packages
      
      Regardless of the otherwise applicable Development Review Threshold Package required by the applied Development Standards District (Part 4B.), and the requirements of the Development Review (Sec. 4C.14.), projects participating in the Corridor Transitions Incentive Program are exempt from review pursuant to Sec. 13B.2.4. (Project Review).
  4. Relationship to State Density Bonus Law
    
    The Corridors Transitions Incentive Program is intended to be consistent with State Density Bonus Law at California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918. If at any time, the Corridor Transitions Incentive Program becomes inconsistent with the State Density Bonus Law, as determined by the Director, the provisions of the State Density Bonus Law shall supersede the provisions in this Section (Corridor Transitions Incentive Program). The Director may prepare Implementation Memorandums, Technical Bulletins, and/or User Guides for the purposes of providing additional guidance on the implementation of this Section (Corridor Transitions Incentive Program) and maintaining consistency with State Density Bonus Law.

Program Rules

Eligibility

To be eligible for any base incentives, public benefits, waivers or other incentives, in Paragraph 2. (Base Incentives) or Paragraph 3. (Public Benefits) below, a project shall comply with all requirements in this Paragraph (Eligibility), as applicable, and provide any required restricted affordable units in order to obtain any particular incentive.

Mixed Income Housing Incentive Map

The project is on a lot that is, in whole or in part, mapped with a Corridor Transitions Incentive Set on the Mixed Income Housing Incentive Map (Sec. 1.5.17.), or through a Specific Plan, Supplemental District, or Special Zone
Zoning

The project shall not be located on a lot with an applied Density District (Part 6B.) of N, 1L, 2, 3, 4, 6, 8, or 10.
Unit Threshold

The project must have a minimum of four or more dwelling units. For purposes of calculating units for this requirement, new dwelling units created within existing floor area may be included and dwelling units permitted as a result of a density bonus granted pursuant to Subparagraph b. of Paragraph 2. (Incentives), below, may be counted.
Residential Uses

A minimum of 2/3 of the total floor area of the project, including newly constructed floor area and renovated or converted floor area, must be dedicated to residential use and residential amenity space for the units.

Affordability Levels

The project shall reserve the number of on-site restricted affordable units in one of the income levels listed in the “Income Level” column in the table below for the corresponding applicable Corridor Transitions Incentive Set, unless the project is on a site identified in Sec. 1.5.15. (Lower Income Rezoning Housing Element Sites Map) and the project reserves at least 20 percent of its on-site restricted affordable units for lower income households, consistent with California Government Code Sec. 65583.2. The project unit count in the below table includes all units in a project, including units allowed through a density bonus. All restricted affordable units shall be subject to the affordability standards in Sub-subparagraphs i. through iii., below.

Affordability Requirements
Project Units	Income Levels
Project Units	Very Low Income	Low Income	Moderate Income
11-16	2 dwelling units	2 dwelling units	3 dwelling units
5-10	1 dwelling unit	1 dwelling unit	2 dwelling units
4	-	-	1 dwelling unit

Corridor Transitions Incentive Set Designation

The applicable Corridor Transitions Incentive Set for a subject lot shall be mapped on the Mixed Income Housing Incentive Map (Sec. 1.5.17.) or mapped through a Specific Plan, a Supplemental District, or a Special Zone.
Calculating Affordability Requirements

The number of required on-site restricted affordable units shall be counted as a flat number of required restricted affordable units per lot. For consolidated lots, the project shall provide the same total number of restricted affordable units as required prior to the lot consolidation. For example, if a project consolidated two lots that allow 10 units on each lot into one twenty-unit project, the project would be required to provide either two very low income or low-income units, or four moderate income units.
Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted affordable unit shall not exceed those specified in California Health and Safety Code Sec. 50052.5 for for-sale units, or California Health and Safety Code Sec. 50053 for rental units. Covenants documenting required rental or for-sale rates shall be recorded pursuant to the procedures described in Sec. 9.2.4.D.2. (Records and Agreements). Restricted affordable units associated with One Hundred Percent Affordable Housing Projects shall comply with the affordability specified in Sec. 9.2.2.C.1.d.ii.a) (One Hundred Percent Affordable Housing Projects).

Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition protections of California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c)(3) and Div. 4C.15. (Resident Protections) of this Chapter. Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted affordable unit requirements.
Fair Housing Requirements

Restricted affordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted affordable units in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared and adopted by the Los Angeles Housing Department or Department of City Planning.
Historic Resources

A project shall comply with both of the following concerning historic resources:
1. A project will not require the demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of a designated historic resource, or surveyed historic resource identified for historic protection or special consideration or review by an applicable Supplemental District, Special Zone, or Specific Plan. Such a project is not eligible for incentives under the Corridor Transitions Incentive Program.
2. A project involving the alteration of a designated historic resource shall be consistent with the Secretary of the Interior's Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning.
Unit Habitability Requirements

For purposes of this Sec. 9.2.4. (Corridor Transitions Incentive Program), the term “dwelling unit” or “unit” shall mean a complete independent living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and sanitation. The term “dwelling unit” or “unit” in this Section (Corridor Transitions Incentive Program) shall not be a reference to a household dwelling unit, a shared housing unit, or an efficiency dwelling unit.
Lot Amenity Alternatives

The project shall meet its lot amenity space requirement by using one of the lot amenity alternative types in Sec. 2C.3.5. (Lot Amenty Alternatives).

Base Incentives

A project meeting the eligibility criteria in Paragraph 1. (Eligibility) shall be granted the following incentives, subject to the review procedures in Subsection D. (Administration), below, as applicable.

The project may utilize one of the Alternate Typologies established in Div. 7B.7. (Corridor Transitions) as provided in the table below.

Corridor Transitions Alternate Typologies Eligibility
Corridor Transitions Incentive Set Mapped on the Mixed Income Housing Incentive Map (Sec. 1.5.17.)	Eligible Corridor Transitions Alternate Typologies
CT-3	Corridor Transitions 3 (Sec. 7B.7.3.)
CT-2	Corridor Transitions 2 (Sec. 7B.7.2.)
CT-1	Corridor Transitions 1 (Sec. 7B.7.1.)

Regardless of Subparagraph a., above, a project on a site with a designated historic resource or a non-contributor shall not be eligible for Corridor Transitions 3 Alternate Typology and may use the base incentives outlined in the Corridor Transitions 2 Alternate Typology.
The project shall be exempt from any applicable improvement requirement for roadway widening, including the relocation of an established curb or curb and gutter, pursuant to Div. 10.1. (Street Dedication & Improvement). This incentive shall not require an approval pursuant to Sec. 10.1.10. (Waiver and Appeals). A project utilizing this incentive shall comply with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and complete all other required public right-of-way improvements, including but not limited to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted pursuant to Sec. 10.1.10. (Waiver & Appeals). A project shall further be eligible for relief from some required dedication, where specified by Sec. 10.2.1. (Requirements). Regardless of the above, any otherwise required dedication and improvement shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. A project in a Very High Fire Hazard Severity Zone, Hillside Area, or Coastal Zone, or projects subject to procedures in Sec. 13B.2.3. (Class 3 Conditional Use Permit) shall not be eligible for this base incentive.

Public Benefits
1. The project may access up to the tier 2 bonus floor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.) or applicable Corridor Transitions Alternate Typology (Div. 7B.7.) by providing public benefits options allowed pursuant to Sec. 9.3.4. (Public Benefits Menu).
2. Projects are eligible for the following public benefit options:
  1. The public benefit option listed in Sec. 9.3.4. (Public Benefits Menu) Set 1; and
  2. One or more of the public benefit options listed for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.).
3. The applicable Public Benefits Incentive Set shall establish the floor area ratio and height bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu).

Administration
1. Procedures
  
  The following review and approval procedures apply to projects participating in the Corridor Transitions Incentive Program. Ministerial approval in this Paragraph shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec. 65583.2(i).
  1. Projects Requesting Only Base Incentives
    
    A project requesting only the base incentives outlined in Paragraph 2. (Base Incentives) of Subsection C. (Program Rules), above, shall be subject to a ministerial approval process by the Department of Building and Safety.
  2. Projects Providing Public Benefits
    
    A project requesting higher incentives or additional incentives in exchange for providing one or more public benefits as outlined in Paragraph 3. (Public Benefits) of Subsection C. (Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review). Such projects shall not be subject to any hearing procedures regardless of the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review).
  3. Other Discretionary Approvals
    
    Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to projects seeking other discretionary approvals in conjunction with any incentives that are requested pursuant to the Corridor Transitions Incentive Program. Regardless of any other findings that may otherwise be applicable for the other discretionary approvals, the decision maker must approve the incentives requested pursuant to the Corridor Transitions Incentive Program, subject to any procedures established in this Section (Corridor Transitions Incentive Program).
  4. Waivers and Additional Incentives
    
    A project that requests a waiver or additional incentive not offered in Sec. 9.2.4. (Corridor Transitions Incentive Program) is not eligible for review and approval through this Section (Corridor Transitions Incentive Program). Such a project shall seek approval pursuant to Sec. 9.2.1. (State Density Bonus Program), and the procedures, incentive menu and other requirements of that Section 9.2.1. (State Density Bonus Program), if eligible.
2. Records and Agreements
  
  Prior to the issuance of a building permit for any project participating in the Corridor Transitions Incentive Program and utilizing one or more incentives pursuant to this Section (Corridor Transitions Incentive Program), covenants acceptable to the Los Angeles Housing Department and meeting the requirements in this Section (Corridor Transitions Incentive Program) and set as forth in Div. 4C.15. (Resident Protections) shall be recorded with the Los Angeles County Recorder.
3. Vesting
  
  An application for an entitlement that was filed and fees paid prior to the date on which this Section (Corridor Transitions Incentive Program) becomes operative, shall be subject to all applicable provisions of this Chapter, including any incentive menus or other provisions, that were in effect on the date the application was filed and fees were paid. Projects shall only be eligible for the incentives, procedures and other provisions of this Section (Corridor Transitions Incentive Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (Corridor Transitions Incentive Program).

Sec. 9.2.5. Transit Oriented Incentive Program

Intent

The Transit Oriented Incentive Program aims to: establish specific incentives and procedures for the local implementation of State Density Bonus requirements, pursuant to California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(n); encourage the creation and development of restricted affordable units through mixed-income housing citywide; and offer tailored incentives in areas throughout the City with high quality transit service.
Applicability

This Section (Transit Oriented Incentive Program), the “Transit Oriented Incentive Program,” applies to a project that: provides restricted affordable units in exchange for incentives granted in this Section (Transit Oriented Incentive Program); meets the eligibility criteria established in Sec. 9.2.5.C.1. (Eligibility), below; and involves a project activity listed in Paragraph 1. (Project Activities), below.
1. Project Activities
  
  The following project activities are subject to the Transit Oriented Incentive Program:
  1. New construction for which all new floor area meets the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  2. A use modification, including the conversion of existing floor area from a non-residential use to a residential use or an increase in dwelling units within existing floor area, for which all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below.
  3. A lot modification that results in dwelling units that meet the eligibility criteria provided in Paragraph 1. (Eligibility) of Subsection C. (Program Rules).
2. Reconciling Provisions
  1. Relationship to Other Incentive Programs
    
    A project is ineligible for the bonuses, incentives and procedures of the Transit Oriented Incentive Program if it is participating in any other housing incentive program in the Los Angeles Municipal Code, or in a Specific Plan, Supplemental District, or Special Zone, or in any other City regulation or guideline, except:
    1. A project may also utilize the streamlining incentives in the Housing Element Sites Streamlining Program (Sec. 9.2.6.), provided that the project meets the eligibility requirements and program rules for both programs.
    2. A project that meets the definition of a Type I Adaptive Reuse Project and the eligibility requirements for both the Transit Oriented Incentive Program and the Citywide Adaptive Reuse Program, pursuant to Sec. 9.4.6. (Citywide Adaptive Reuse Program), may participate in both incentive programs and receive incentives pursuant to both programs. The portion of the unified adaptive reuse project consisting of new construction may be eligible for base incentives, additional incentives, waivers, and public benefits options outlined in Paragraphs 2., 3., 4., and 5. of Subsection C. (Program Rules), below, unless otherwise stated, and the project shall comply with Paragraph 1. (Procedures) in Subsection D. (Administration) based on the corresponding project type definition and associated project request.
    3. This Section (Transit Oriented Incentive Program) expressly authorizes a project to use another housing incentive program as specified.
  2. Relationship to Specific Plans Special Districts, and Special Zones
    
    As the Transit Oriented Incentive Program implements State Density Bonus law pursuant to California Government Code Sec. 65915-65918, in the event of any difference between any provision in this Section (Transit Oriented Incentive Program) and any provision in a Specific Plan, Supplemental District, or Special Zone, the provisions of this Section (Transit Oriented Incentive Program) shall prevail where a project applicant seeks approval through this Section (Transit Oriented Incentive Program).
  3. Relationship to Other Zoning Provisions
    1. General
      
      As this Section (Transit Oriented Incentive Program) implements State Density Bonus law pursuant to California Government Code, Chapter 4.3 (Density Bonuses and Other Incentives), Sec. 65915-65918, in the event of any difference between the provisions of this Section (Transit Oriented Incentive Program) and any other provision of this Zoning Code (Chapter 1A), the provisions of this Section (Transit Oriented Incentive Program) shall prevail.
    2. Relationship to Inclusionary Housing
      
      Restricted affordable units provided in order to meet the eligibility criteria for participation in the Transit Oriented Incentive Program may also be used in order to count toward the restricted affordable units required by the Inclusionary Housing Program, pursuant to Sec. 5C.3.1. (Inclusionary Housing Program), where applicable.
  4. Relationship to State Density Bonus Law
    
    The Transit Oriented Incentive Program is intended to be consistent with State Density Bonus Law in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918. If at any time, the Transit Oriented Incentive Program becomes inconsistent with California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915-65918, as determined by the Director, the provisions of State Density Bonus Law shall supersede the provisions in this Section (Transit Oriented Incentive Program). The Director may prepare Implementation Memorandums, Technical Bulletins, and/or User Guides for the purposes of providing additional guidance on the implementation of this Section (Transit Oriented Incentive Program) and maintaining consistency with the State Density Bonus Law.

Program Rules

Eligibility

To be eligible for any base incentives, additional incentives, waivers, public benefits, or other incentives provided in the Transit Oriented Incentive Program in Paragraphs 2. (Base Incentives) through Paragraph 5. (Public Benefits), below, a project shall comply with all requirements provided in this Paragraph (Eligibility), as applicable, and provide any required restricted affordable units in order to obtain any particular incentive.

Unit Threshold

A project must have a minimum of five or more dwelling units. The units counted for purposes of this requirement includes dwelling units permitted as a result of a density bonus granted pursuant to Paragraph 2. (Base Incentives), below.
Zoning

The project shall not be located on a lot with an applied Density District (Part 6B.) of N or 1L.
Residential Uses

A minimum of 2/3 of the total floor area of a project, including newly constructed floor area and renovated or converted floor area, must be dedicated to residential use and residential amenity space for the units.
Transit Oriented Incentive Map

The project must be located on a lot for which a Transit Oriented Incentive Set has been mapped on the Transit Oriented Incentive Map (Sec. 1.5.16.), or through a Specific Plan, Supplemental District, or Special Zone.

Affordability Levels

The project shall reserve the minimum percentage of its dwelling units for on-site restricted affordable units provided for the Transit Oriented Incentive Program Set designated for the project lot, based on the housing market tier or opportunity area of the lot, subject to the affordability standards in Sub-subparagraphs i. through iv., below.

Single or Mixed Affordability Option

A project may opt to meet its affordability requirement by providing restricted affordable units at rates determined by the methodology outlined in Sub-sub-subparagraph a) (Single Affordability Requirement), below, or the methodology described in Sub-subparagraph ii. (Mixed Affordability Options), below, or the methodology described in Sub-sub-subparagraph c) (Low Income Site Affordability Requirements), below, as applicable.

Single Affordability Requirement

A project opting to use the Single Affordability Requirements table shall provide restricted affordable units for one of the income levels listed in the table below in the “Income Levels” column at the corresponding percentage of total dwelling units (all units including bonus units) for the applicable Transit Oriented Incentive Set and Market Tier for the project lot.

Single Affordability Requirements
Mixed Income Incentive Set	Market Tiers	Income Levels
Mixed Income Incentive Set	Market Tiers	Extremely Low Income	Very Low Income	Low Income
T-3	High Medium and High Market Tiers	13%	17%	27%
T-2		12%	16%	25%
T-1		11%	14%	23%
T-3	Low and Medium Market Tiers	11%	15%	25%
T-2		10%	14%	23%
T-1		9%	12%	21%

Mixed Affordability Requirements

A project using the Mixed Affordability Options shall provide restricted affordable units at the percentages and in the combinations listed in the “Income Levels” columns in the following table, by applying the percentages to all project units (including bonus units). A project shall provide the percentages of restricted affordable units associated with the opportunity area for the project lot, as specified by the California Tax Credit Allocation Committee (TCAC) opportunity area for the project lot. A project opting to use any of the Mixed Affordability Level Options must also provide at least one restricted affordable unit containing four or more habitable rooms at the deepest affordability level required.

Mixed Affordability Options
TCAC Opportunity Area	Income Levels
TCAC Opportunity Area	Acutely low income	Extremely Low Income	Very Low Income	Moderate Income
Moderate and Lower Opportunity Areas	-	4%	8%	-
Higher Opportunity Areas	4%	4%	-	12%

Low Income Site Affordability Requirements

A project on a site identified in Sec. 1.5.15. (Lower Income Rezoning Housing Element Sites Map) may meet its affordability requirement by providing 20 percent of its on-site restricted affordable units for lower income households, consistent with California Government Code Sec. 65583.2.

Transit Oriented Incentive Set Designation

The applicable Transit Oriented Incentive Set shall be determined based on the designation shown on the Transit Oriented Incentive Map established in Sec. 1.5.16. (Transit Oriented Incentive Map), or is mapped through a Specific Plan, Supplemental District, or a Special Zone.
Calculating Affordability Requirements

In calculating the minimum percentage of on-site restricted affordable units, the percentage of each affordability level shall be based on the total project dwelling unit count, including dwelling units permitted as a result of a density bonus granted pursuant to Paragraph 2. (Base Incentives), below. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit).
Housing Market Tier Designation

A project’s housing market tier shall be determined by the residential market areas adopted by City Council resolution, as described in Sec. 15.4.3. (Affordable Housing Linkage Fee).
Rent and Housing Cost Schedules and Covenants

The rate of housing costs or rent for any required restricted affordable unit shall not exceed those specified in California Health and Safety Code Sec. 50052.5 (Affordable Housing Costs) for for-sale units or California Health and Safety Code Sec. 50053 for rental units. Covenants documenting required rental or for sale rates shall be recorded pursuant to the procedures described in Sec. 9.2.3.D.3. (Records and Agreements). Restricted Affordable Units associated with One Hundred Percent Affordable Housing Projects shall comply with the affordability specified in Sec. 9.2.2.C.1.d.ii.a. (One Hundred Percent Affordable Housing Projects).

Housing Replacement

The project shall meet any applicable housing replacement requirements and demolition protections established in Div. C.15. (Resident Protections). Replacement dwelling units required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted affordable unit requirements.
Fair Housing Requirements

Restricted affordable units shall meet the applicable requirements regarding the size, location, amenities and allocation of restricted affordable units established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared and adopted by the Los Angeles Housing Department or Department of City Planning.
Historic Resources
1. A project requiring the demolition, as demolition is defined in Subsection C. (Definitions) of Sec. 13B.8.1. (General Provisions), of a designated historic resource, or surveyed historic resource identified for historic protection or special consideration or review by an applicable Specific Plan, CPIO, or Conservation District is not eligible for incentives under the Transit Oriented Incentive Program.
2. A project involving the alteration of a designated historic resource shall be consistent with the Secretary of the Interior's Standards for Rehabilitation as supported by an expert study that has been accepted by the Office of Historic Resources, or demonstrated by the project plans and accepted by the Office of Historic Resources, if consistent with the applicable adopted Implementation Memorandum, Guidelines or Technical Bulletins of the Director of City Planning.
Unit Habitability Requirements

For purposes of this Section (Transit Oriented Incentive Program), the term “dwelling unit” or “unit” shall mean a complete independent living facility that includes permanent provisions for living, sleeping, eating, a kitchen, and sanitation. The term “dwelling unit” or “unit” in this Section (Transit Oriented Incentive Program) shall not be a reference to a household dwelling unit, a shared housing unit, or an efficiency dwelling unit.

Base Incentives

A project meeting the eligibility criteria in Paragraph 1. (Eligibility), shall be granted the following base incentives, subject to the procedures in Sec. 9.2.5.D.1.a. (Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives), below.

The project shall be eligible for the density bonus, floor area, height, and parking incentives that correspond to the project lot’s mapped Transit Oriented Incentive Set as provided in the table below:

BASE INCENTIVES FOR TRANSIT ORIENTED INCENTIVE PROGRAM
Incentive Set	Density Bonus	Maximum Total FAR, or Increase on Top of Base FAR	Height	Parking
T-1B*	100%	RG, RX, and A Use Districts: 40% increase on top of the base FAR of the applied Form District (Part 2B.).	One additional story, up to 11 additional feet.	No parking minimum required. If parking is provided, up to 40% of spaces may be provided as compact vehicular spaces. Tandem parking may also be permitted so long as a 24-hour attendant is present on-site.
T-1B*	100%	CX, IX, P Use Districts: 3.25:1 maximum FAR, or 40% increase on top of the base FAR of the applied Form District (Part 2B.), whichever is greater.
T-1A	120%	RG, RX, and A Use Districts: 40% increase on top of the base FAR of the applied Form District (Part 2B).
T-1A	120%	CX, IX, P Use Districts: 4.2:1 maximum FAR, or 45% increase on top of the base FAR of the applied Form District (Part 2B.), whichever is greater.
T-2B	110%	RG, RX, and A Use Districts: 40% increase on top of the base FAR of the applied Form District (Part 2B.).	Two additional stories, up to 22 additional feet.
T-2B	110%	CX, IX, P Use Districts: 4.2:1 maximum FAR, or 50% increase on top of the base FAR of the applied Form District (Part 2B.), whichever is greater.
T-2A	Limited by Floor Area	RG, RX, and A Use Districts: 45% increase on top of the base FAR of the applied Form District (Part 2B.).
T-2A	Limited by Floor Area	CX, IX, P Use Districts: 4.5:1 maximum FAR, or 50% increase on top of the base FAR of the applied Form District (Part 2B.), whichever is greater.
T-3B	120%	RG, RX, and A Use Districts: 45% increase on top of the base FAR of the applied Form District (Part 2B.).	Three additional stories up to 33 additional feet.
T-3B	120%	CX, IX, P Use Districts: 4.5:1 maximum FAR, or 50% increase on top of the base FAR of the applied Form District (Part 2B.), whichever is greater.
T-3A	Limited by Floor Area	RG, RX, and A Use Districts: 50% increase on top of the base FAR of the applied Form District (Part 2B.).
T-3A	Limited by Floor Area	CX, IX, P Use Districts: 4.65:1 maximum FAR, or 55% increase on top of the base FAR of the applied Form District (Part 2B.), whichever is greater.
Footnote: * “B” incentive sets are associated with TCAC Moderate and Lower Opportunity Areas; whereas “A” incentive sets are associated with TCAC Higher Opportunity Areas.

Regardless of Sub-paragraph a., above, a project with a maximum allowable residential density of less than five units shall only be eligible for the following density bonus based on the applicable type of Transit Oriented Incentive Set for the project lot:
1. T-1: 60%
2. T-2: 70%
3. T-3: 80%
Regardless of Subparagraph a., above, a project site with a maximum allowable residential density of less than five dwelling units, or a project site involving a designated historic resource or a non-contributor, shall not be eligible for an incentive to increase allowable FAR or height above one additional story.
The project shall be exempt from any applicable improvement requirement for roadway widening, including the relocation of an established curb or curb and gutter, pursuant to Div. 10.1. (Street Dedication & Improvement). This incentive shall not require an approval pursuant to Sec. 10.1.10. (Waiver and Appeals). A project utilizing this incentive shall comply with all dedication requirements under Div. 10.1. (Street Dedication & Improvement) and complete all other required public right-of-way improvements, including but not limited to sidewalk improvements, unless a Waiver of Dedication and Improvement is granted pursuant to Sec. 10.1.10. (Waiver & Appeals). A project shall further be eligible for relief from some required dedication, where specified by Sec. 10.2.1. (Requirements). Regardless of the above, any otherwise required dedication and improvement shall conform to the Street Dedication and Improvement Investigation Criteria adopted or amended pursuant to Council File 22-1476. A project in a Very High Fire Hazard Severity Zone, a Hillside Area, or a Coastal Zone, or a project subject to the procedures in Sec. 13B.2.3. (Class 3 Conditional Use Permit) shall not be eligible for this base incentive.

Additional Incentives

In addition to the applicable base incentives established in Paragraph 2. (Base Incentives), above, a project shall be granted up to four additional incentives in this Paragraph (Additional Incentives). Such a project may receive up to four incentives provided a project includes the applicable percentage of restricted affordable units (excluding units added by a density bonus) that is necessary to obtain the maximum number of incentives available to an income category under California Government Code Sec. 65915, as listed on the table in Sec. 9.2.1.C.3.a.i. (Allowed Number of Additional Incentives). Projects may use additional incentives to deviate from a development standard or requirement in this Zoning Code (Chapter 1A) or in an applicable Specific Plan, Supplemental District, or Special Zone. The four allowable additional incentives may be any combination of incentives listed in Subparagraph a. (Menu of Additional Incentives), below, and/or incentives requested under Subparagraph b. (Incentives Not Listed on the Menu of Additional Incentives), below.
1. Menu of Additional Incentives
  
  A project shall be granted requested incentives from the Menu of Additional Incentives listed in Sub-subparagraph i. (By-Right Adjustments) through Sub-subparagraph v. (Lot Width), below, pursuant to the procedures in Sec. 9.2.5.D.1.a. (Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives), below.
  1. By-Right Adjustments
    
    Relief from any zoning standard that would otherwise require approval pursuant to Sec. 13B.5.2. (Adjustment) may be granted as an on-menu incentive, and shall not be subject to the requirements of Sec. 13B.5.2. (Adjustment). Each adjustment-equivalent grant shall count as one incentive request. By-right adjustments shall not be granted in the following cases:
    1. A by-right adjustment shall not apply to standards that regulate FAR, height, any modifications of signs standards, or for requests to allow parking in front of buildings, and lot amenity space.
    2. A by-right adjustment shall not apply to a designated historic resource or a non-contributor.
  2. Averaging of Floor Area, Lot Amenity Space, Parking, and Density
    
    A project that is located on two or more abutting lots may average the maximum floor area, minimum lot amenity space, minimum parking, and maximum density over the project site, provided that:
    1. The proposed uses are permitted by the applied Use District (Part 5B.) of each area the proposed uses will be located; and
    2. A covenant running with the land is recorded with the Los Angeles County Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permit, that specifies no further lot line adjustment or any other action that may cause the project site to be subdivided subsequent to this grant, is permitted for the life of the project.
  3. Density Calculation
    
    Any area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the applied Density District (Part 6B.).
  4. Building Coverage
    
    Up to a 25 percent increase in building coverage limits is allowed.
  5. Lot Width
    
    Up to 25 percent decrease in the required lot width is allowed.
2. Incentives Not Listed on the Menu of Additional Incentives
  1. A project may request incentives not listed in, or in excess of an incentive allowed in, Subparagraph a. (Menu of Additional Incentives), above, subject to the approval process in Sec. 9.2.5.D.1.b. (Projects Requesting Incentives Not on the Menu of Additional Incentives), below, with the exception of any modification listed in Sub-subparagraph ii., below.
  2. Modifications to the following standards or their equivalents in an applicable Specific Plan, Supplemental District, or Special Zone, altering the criteria or level of relief allowed as outlined in Sub-subparagraph i. (By-Right Adjustments) of Subparagraph a. (Menu of Additional Incentives), above, shall not be granted as an additional incentive through this Section (Transit Oriented Incentive Program) and are not eligible for approval through this Section (Transit Oriented Incentive Program). Projects that seek these types of incentives not on the menu shall seek approval pursuant to the procedures, incentives and other requirements in Sec. 9.2.1. (State Density Bonus Program).
    1. Lot Amenity Space (Sec. 2C.3.1.);
    2. Any floor area ratio and height restriction established in Div. 2C.4. (Floor Area Ratio & Height);
    3. Any upper story bulk limitations established in Div. 2C.6. (Upper Story Bulk);
    4. Building Width (Sec. 2C.5.1.);
    5. Building Setbacks (Sec. 2C.2.2.);
    6. Ground story design requirements specified by the applied Frontage District (Part 3B.); or
    7. Required Trees (Sec. 4C.6.2.).
Waivers

A project may request waivers, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the additional incentives granted pursuant to Paragraph 3. (Additional Incentives), above, subject to the procedures in Sec. 9.2.5.D.1.c. (Projects Requesting Waivers), below.
Public Benefits

A project may access additional floor area ratio, or height, or other modifications of standards by providing one or more public benefits, as described below. Projects providing public benefits shall be reviewed and approved pursuant to Sec. 9.2.5.D.1.d. (Projects Providing Public Benefits), below.
1. The project may use the following public benefits options:
  1. Sec. 9.3.4.C.3.b. (Public Benefits Incentive Set 2).
  2. Public Benefits Menu
    
    A project providing public benefits shall also be eligible to provide one or more of the public benefit options listed for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec. 1.5.12.). The mapped Public Benefits Incentive Set shall establish the floor area ratio and height bonuses associated with each eligible public benefit option, pursuant to Sec. 9.3.4. (Public Benefits Menu). Multiple public benefit options can be provided by one project in order to combine and stack public benefit bonuses.

Administration
1. Procedures
  
  The following review and approval procedures apply to a project participating in the Transit Oriented Housing Incentive Program. Ministerial approval in this Paragraph (Procedures) shall mean an administrative process to approve a “use by right” as this term is defined in California Government Code Sec. 65583.2(i).
  1. Projects Requesting Base Incentives & Incentives on the Menu of Additional Incentives
    
    A project requesting only the base incentives outlined in Sec. 9.2.5.C.2. (Base Incentives), above, or additional on-menu incentives as outlined in Sec. 9.2.5.C.3.a. (Menu of Additional Incentives), above, and not requesting any waivers under Sec. 9.2.5.C.4. (Waivers) or off-menu incentives under Sec. 9.2.5.C.b. (Incentives Not listed on the Menu of Additional Incentives) shall be subject to a ministerial approval process by the Department of Building and Safety. Additional incentives approved by the Department of Building and Safety shall comply with the additional standards in Sec. 9.2.5.D.2.a. (Standards for Review for Additional Incentives), below.
  2. Projects Requesting Incentives Not on the Menu of Additional Incentives
    
    A project requesting incentives pursuant to Sec. 9.2.5.C.3.b. (Incentives Not on the Menu of Additional Incentives), above, shall be subject to a ministerial approval process pursuant to Sec. 13B.3.2. (Expanded Administrative Review), and shall be granted subject to the standards outlined in Subparagraph a. (Standards for Review of Additional Incentives) of Paragraph 2. (Standards for Review and Required Findings), below. Such requests shall not be subject to any hearing procedures regardless of the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review).
  3. Projects Requesting Waivers
    
    A project requesting a waiver, as defined in Div. 14.3. (Glossary), under California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives) Sec. 65915(e) along with the number of additional incentives permitted pursuant to Sec. 9.2.3.C.3. (Additional Incentives), above, shall be reviewed as follows:
    1. A project requesting only one waiver pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be reviewed pursuant Sec. 13B.2.5. (Director Determination).
    2. A project requesting more than one waiver pursuant to Paragraph 4. (Waivers) of Subsection C. (Program Rules), above, shall be reviewed pursuant Sec. 13B.2.3. (Class 3 Conditional Use).
    3. Regardless of any provision of Div. 13B.2. (Quasi-Judicial Review), findings for waivers shall be those in Subparagraph b. (Required Findings for Waivers) of Paragraph 2. (Standards for Review and Required Findings), in lieu of the findings in Div. 13B.2. (Quasi-Judicial Review); and waivers requiring a Class 3 Conditional Use Permit are final at the City Planning Commission and are not appealable. Waivers requiring a Director Determination are appealable to the City Planning Commission.
  4. Projects Providing Public Benefits
    
    Projects requesting higher incentives or additional incentives in exchange for providing one or more public benefits as outlined in Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above, shall be ministerially approved pursuant to Sec. 13B.3.2. (Expanded Administrative Review), and shall not be subject to any hearing procedures regardless of the provisions contained in Sec. 13B.3.2. (Expanded Administrative Review).
  5. Other Discretionary Approvals
    
    Applicable procedures set forth in Sec. 13A.2.10. (Multiple Approvals) apply to projects seeking other discretionary approvals in conjunction with any incentives requested pursuant to the Transit Oriented Incentive Program, including those listed in Paragraph 2. (Base Incentives), Paragraph 3. (Additional Incentives), Paragraph 4. (Waivers), or Paragraph 5. (Public Benefits) of Subsection C. (Program Rules), above. Regardless of any other findings that may be applicable for the other discretionary approvals, the decision maker shall approve the incentives requested pursuant to the Transit Oriented Incentive Program, subject to any procedures established in Paragraph 1. (Procedures), above, and standards established in Paragraph 2. (Standards for Review and Required Findings), below.
  6. Density Bonuses, Incentives or Waivers Exceeding this Program
    
    Projects that seek additional density bonuses, incentives or waivers beyond what is expressly allowed by this Section (Transit Oriented Housing Incentive Program), shall be reviewed pursuant to Sec. 9.2.1. (State Density Bonus Program), including the requirements and findings in Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive).
2. Standards for Review and Required Findings
  1. Standards for Review for Additional Incentives
    
    For the purposes of standards of review for additional incentives, ‘incentive’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(k). Additional incentives allowed pursuant to Sec. 9.2.5.C.3. (Additional Incentives) shall be granted unless one of the following written findings are made, based upon substantial evidence:
    1. The incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in California Health and Safety Code Sec. 50052.5, or for rents for the targeted units to be set as specified in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c); or
    2. The incentive will have a specific adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income households and moderate income households. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific adverse impact upon the public health or safety; or
    3. The incentive would be contrary to state or federal law.
  2. Required Findings for Waivers
    
    For the purposes of required findings for waivers, ‘development standard’ shall be defined as in California Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(o)(2). Waivers allowed pursuant to Sec. 9.2.5.C.4. (Waivers) shall be approved by the applicable decision-making authority unless the decision-making authority makes one of the following findings, based on substantial evidence:
    1. The development standard associated with a request for a waiver will not have the effect of physically precluding the construction of a development meeting the eligibility criteria described in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), above, at the densities or with the base incentives and additional incentives permitted under Subsection C. (Program Rules), above.
    2. The waiver would have a specific adverse impact upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
    3. The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
    4. The waiver is contrary to state or federal law.
3. Records and Agreements
  
  Prior to the issuance of a building permit for any project participating in the Transit Oriented Incentive Program and utilizing one or more incentives pursuant to this Section (Transit Oriented Incentive Program), covenants acceptable to the Los Angeles Housing Department and meeting the requirements in this Section (Transit Oriented Incentive Program) and Div. 4C.15. (Resident Protections) shall be recorded with the Los Angeles County Recorder.
4. Vesting
  
  An application for an entitlement that was filed and fees paid prior to the date on which this Section (Transit Oriented Incentive Program) becomes operative, shall be subject to all applicable provisions of this Chapter, including any incentive menus or other provisions, that were in effect on the date the application was filed and fees were paid. Projects shall only be eligible for the incentives, procedures and other provisions of this Section (Transit Oriented Incentive Program) if a new application is filed and associated fees for the new filing are paid on or after the operative date of this Section (Transit Oriented Incentive Program).

Sec. 9.2.6. Housing Element Sites Streamlining Program

The Housing Element Sites Streamlining Program is a map-based program for streamlining the review and approval of projects with at least 20 percent of the dwelling units set aside for lower income households.

Intent

The Housing Element Sites Streamlining Program is intended to facilitate and incentivize the construction of affordable housing by establishing procedures, objective review criteria, and allowances for ministerial review as required by California Government Code Sec. 65583.2(h).
Applicability
1. Project Activities
  
  A project that meets the eligibility criteria established in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below, and consists of any of the project activities listed in Subparagraphs a. and b. below may be eligible for participation in the Housing Element Sites Streamlining Program:
  1. New Construction for which all new floor area meets the eligibility criteria outlined in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below; or
  2. A use modification or renovation, including retrofitting for accessibility purposes, for which all resulting new dwelling units and all renovated dwelling units meet the eligibility criteria outlined in Paragraph 1. (Eligibility) of Subsection C. (Program Rules), below
2. Housing Development Project
  
  To participate in the Housing Element Sites Streamlining Program, a project listed above must also meet the definition of “Housing Development Project” as defined in California Government Code Sec. 65589.5(h)(2), except that a housing development project shall also include a project that involves no discretionary approvals and a project that includes a proposal to construct a single dwelling unit.
3. Reconciling Provisions
  1. Relationship to Other Incentive Programs
    
    A project that seeks streamlining through this program pursuant to this Section (Housing Element Site Ordinance Streamlining Program) shall be eligible for a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to California Government Code Sec. 65915, or a local incentive program in this Article (Public Benefits System) or any Specific Plan, Supplemental District or Special Zone, provided that the project meets the requirements for both the streamlining program and the applicable incentive program.
  2. Relationship to Supplemental Districts and Special Zones
    
    If any provision of an applicable Supplemental District or Special Zone conflicts with the procedures, requirements, and provisions of this Section (Housing Element Sites Streamlining Program), the provisions of this Section (Housing Element Sites Streamlining Program) shall prevail.
  3. Relationship to Other Zoning Provisions
    
    Restricted affordable units provided to meet the eligibility criteria for participation in the Housing Element Sites Streamlining Program may also be used to count toward any other applicable restricted affordable units required for any other purpose.
  4. Implementation Memoranda, FAQs, Forms/Applications and User Guides
    
    The Director may prepare Implementation Memoranda, Technical Bulletins and/or User Guides related to the Department of City Planning’s implementation of state Housing Element law (California Government Code, Article 10.6. (Housing Elements), Sec.65580 et seq.) through the provisions of Chapter 1A of this Code, including, but not limited to, providing additional information for the purpose of maintaining consistency with state law.
Program Rules
1. Eligibility
  
  An affordable housing project meeting all of the following eligibility criteria shall qualify for participation in the Housing Element Sites Streamlining Program, including the streamlined review outlined in Paragraph 2. (Streamlined Review) below.
  1. Affordability Levels
    
    At least 20 percent of the dwelling units in an eligible project must be made affordable and available to lower income households.
  2. Zoning
    
    The project is located on a lot with an applied Density District (Part 6B.) that specifies a minimum density requirement of “Applicable”, “Market-Contingent”, or “As Mapped”.
  3. Mapped Lots
    
    The project is located on a lot mapped on the Prior Housing Element Sites Map (Sec. 1.5.14.) or Lower Income Rezoning Housing Element Sites Map (Sec. 1.5.15.).
  4. Housing Replacement
    
    The project shall meet any applicable housing replacement requirements and demolition protections established in Div. 4C.15. (Resident Protections). Replacement housing units required pursuant to Div. 4C.15. (Resident Protections) shall count toward any restricted affordable unit requirements.
  5. Fair Housing Requirements
    
    Restricted affordable units shall meet the applicable requirements regarding size, location, amenities, and allocation of restricted affordable units established in Sec. 4C.15.3. (Restricted Affordable Units) and in any Implementation Memorandum or Technical Bulletin prepared and adopted by the Los Angeles Housing Department or Department of City Planning.
2. Streamlined Review
  1. Administrative Review Process
    1. A project that meets the eligibility criteria outlined in Paragraph 1. (Eligibility) above, shall be approved via Administrative Review, pursuant to Sec. 13B.3.1. (Administrative Review) and consistent with Gov. Code Sec. 65583.2(i).
    2. An eligible project that would have otherwise required a discretionary entitlement from the Department of City Planning to permit an owner-occupied or rental multifamily residential dwelling use shall be subject to and processed through an Expanded Administrative Review, pursuant to Sec. 13B.3.2. (Expanded Administrative Review). Any non-residential use in an eligible mixed-use project shall comply with any discretionary review required for that non-residential use under the Code, or any plan or overlay adopted under the Code. In no case shall Project Review pursuant to Sec. 13B.2.4. (Project Review) be required for an eligible project.
    3. Supplemental Procedures
      
      Despite the provisions of Sec. 13B.3.1.H. (Modification of Action), a project participating in the Housing Element streamlining program and approved via Administrative Review, pursuant to Sec. 13B.3.1. (Administrative Review) may request a modification of action only as allowed under California Government Code Sec. 65913.4(h).
  2. Exceptions
    1. If a project is requesting a subdivision, the subdivision process shall not be streamlined pursuant to Sec. 9.2.6. (Housing Element Sites Streamlining Program) and shall be subject to all applicable review procedures and laws, including those outlined in Article 11. (Division of Land) and Div. 13B.7. (Division of Land). The part of the project requesting an entitlement outside of Div. 13B.7. (Division of Land) may be streamlined pursuant to this Section (Housing Element Sites Streamlining Program).
    2. A non-residential use that is not permitted by-right by the applied Use District (Part 5B.), including those requiring a Class 1 Conditional Use Permit, Class 2 Conditional Use Permit, or Class 3 Conditional Use Permit, or that requires discretionary review pursuant to an applicable special use program outlined in Div. 5C.3. (Special Use Programs) shall not be streamlined and shall be subject to the otherwise applicable review procedures.
    3. Any application for a density increase in excess of the base incentive that requires review under Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive) shall not be eligible for the streamlined review in Subparagraph a. (Administrative Review Process) above and shall be processed pursuant to the provisions of Sec. 9.2.1.D.1.e. (Projects with Requests for Density Bonuses in Excess of the Base Incentive).
Administration
1. Procedures
  
  A project participating in the Housing Element Sites Streamlining Program shall be reviewed and approved via the streamlined process established in Paragraph 2. (Streamlined Review) of Subsection C. (Program Rules), above.
2. Records & Agreement
  
  Prior to the issuance of a building permit for any project participating in the Housing Element Sites Streamlining Program, covenants acceptable to the Los Angeles Housing Department and meeting the requirements in this Section (Housing Element Sites Streamlining Program) and Sec. 4C.15.3. (Restricted Affordable Units) shall be recorded with the Los Angeles County Recorder.

Sec. 9.2.7. Transit Oriented Communities Affordable Housing Incentive Program

Pursuant to Chapter I. (General Provisions and Zoning), Sec. 12.22.A.31 (d) (Process for Changing TOC Incentives and Eligibility) of this Code, projects may follow the requirements of Sec. 9.3.2. (Local Affordable Housing Incentive Program) of this Zoning Code (Chapter 1A). For all other projects, see Chapter I. (General Provisions and Zoning), Sec. 12.22.A.31 (Transit Oriented Communities Affordable Housing Overlay) of this Code.

Div. 9.3. Community Benefits Program

Sec. 9.3.1. Community Benefits Program Structure

Purpose

The purpose of this Division (Community Benefits Program) is to promote the production of restricted affordable units and improvements, facilities, resources, and services for the benefit and enjoyment of the general public.
Applicability

This Section (Community Benefits Program Structure) shall apply to any project using an incentive program that meets all of the following requirements:
1. The project meets the eligibility requirements in Subsection C. (Eligibility), below;
2. The project is providing the percentage of restricted affordable units required in Sec. 9.3.2. (Local Affordable Housing Incentive Program), or public benefits required pursuant to a program established in this Division (Community Benefits Program); and
3. The applied Form District (Part 2B.) provides for tier 1 bonus floor area ratio, tier 2 bonus floor area ratio, tier 1 bonus height, or tier 2 bonus height.
Eligibility

A project may obtain incentives pursuant to this Division (Community Benefits Program) subject to the allowances and requirements provided below:
1. Residential Projects
  1. A project that involves the construction of dwelling units must use the incentive program in Sec. 9.3.2. (Local Affordable Housing Incentive Program) to its fullest extent. For purposes of this Subparagraph (Residential Projects), to its fullest extent means the project provides the number of restricted affordable units to qualify for the maximum density increase allowed by the applicable local incentive program set in Sec. 9.3.2.B.1. (Local Incentive Program Sets).
  2. Calculation of the maximum density increase allowed and number of restricted affordable units required shall be based on the maximum allowable residential density.
  3. A project that involves dwelling units with unused floor area or height based on the tier 2 bonus floor area ratio or tier 2 bonus height available in the applied Form District (Part 2B.), may use the remaining development potential using one of the methods below, up to the maximum allowed by the applied Form District (Part 2B.):
    1. Additional Restricted Affordable Units
      
      Providing additional restricted affordable units above the minimum percentage required to qualify for the maximum density increase of the applicable affordable housing program. The amount of additional FAR or height provided for additional percentages of restricted affordable units shall be determined by the applicable Specific Plan, Supplemental District, or Special Zone.
    2. Public Benefits Incentive Programs
      
      Using one or more of the programs established in this Division (Community Benefits Program) for additional public benefits other than restricted affordable units, if available as incentive programs in an applicable Specific Plan, Supplemental District, or Special Zone.
2. Non-Residential Projects
  
  A project which does not involve the construction of dwelling units may use any of the programs established in this Division (Community Benefits Program) that incentivize public benefits other than restricted affordable units. Additional floor area ratio or height may be awarded up to the maximum tier 1 bonus floor area ratio or tier 1 bonus height allowed by the applied Form District (Part 2B.), as established in this Section (Community Benefits Program Structure) and in an applicable Specific Plan, Supplemental District, or Special Zone.

Sec. 9.3.2. Local Affordable Housing Incentive Program

Purpose

The purpose of the Local Affordable Housing Incentive Program is to encourage the creation and development of restricted affordable units citywide beyond the levels encouraged by the State density bonus program, and to increase the production of affordable housing units in specific areas identified in the applicable Community Plan or other plan or ordinance.

Eligibility

A housing development project that includes the minimum percentage of on-site restricted affordable units required by Paragraph 1. (Local Incentive Program Sets) below, provides the required housing replacement units in Paragraph 2. (Housing Replacement) below, or pursuant to Chapter XV., Article 1. (Rent Stabilization Ordinance) of this Code, and meets the additional eligibility requirements for the lot in the applicable CPIO or Specific Plan, if any, is entitled to receive all of the incentives in Subsection C. (Base Incentives) below, and additional incentives as outlined in Subsection D. (Additional Incentives) below.

Local Incentive Program Sets

Established

Local Incentive Program Sets A through G are established below, and define the minimum percentage of on-site restricted affordable units required.

Local Incentive Program Sets
Set	Affordability Requirements
Set	Acutely low Income	Extremely Low Income	Very Low Income	Lower Income	Moderate
A	n/a	11%	15%	25%	n/a
B	n/a	11%	15%	25%	n/a
C	n/a	10%	14%	23%	n/a
D	n/a	10%	14%	23%	n/a
E	n/a	9%	12%	21%	n/a
F	n/a	8%	11%	20%	n/a
G	7%	8%	11%	20%	40%

Local Incentive Program Set Designation

The applicable Local Incentive Program Set shall be determined based on the designation shown on the Local Affordable Housing Incentive Map established in Sec. 1.5.4. (Local Affordable Housing Incentive Map), or in the applicable CPIO or Specific Plan.
Calculating Affordability Requirements

In calculating the minimum percentage of on-site restricted affordable units, the percentage of each affordability level shall be based on the total final project dwelling unit count. Any number resulting in a fraction shall be rounded up to the next whole number, and not as specified in Sec. 6C.1.2. (Lot Area Per Household Dwelling Unit) or Sec. 6C.1.3. (Lot Area Per Efficiency Dwelling Unit).
Ownership Requirement

Moderate income household restricted affordable units shall be for sale only. Restricted affordable units of all other affordability levels may be rental or for sale units.
Linkage Fee Calculation

For the purpose of the fee established in Sec. 15.4.3. (Affordable Housing Linkage Fee), a minimum of seven percent acutely low income households dwelling units shall be calculated in the same manner as a minimum of eight percent extremely low income household dwelling units.

Housing Replacement

A housing development project must meet any applicable housing replacement requirements of California Government Code, Sec. 65915(c)(3). Consistent with California Government Code, Sec. 65915(c)(3), dwelling units that are subject to Chapter XV. (Rent Stabilization) of the LAMC and California Government Code Sec. 65915(c)(3)(C) and that are also deemed or presumed to be occupied by persons or families above the lower income category shall be replaced with low income units pursuant to California Government Code, Sec. 65915(c)(3)(C)(i), as determined by the Los Angeles Housing Department.

Base Incentives

A housing development project that includes the minimum amount of on-site restricted affordable units in Paragraph 1. (Local Incentive Program Sets) of Subsection B. (Eligibility) above, shall be entitled to the following base incentives.

Residential Density

Housing development projects shall be granted an increase in the maximum allowable residential density as follows:

Residential Density Incentive
Density District	Allowable Density Increase
Density District	Set A	Set B	Set C	Set D	Set E	Set F	Set G
2, 3, 4	80%	80%	70%	70%	60%	50%	40%
6, 8	80%	70%	70%	60%	60%	50%	40%
10, 12	60%	60%	50%	50%	45%	45%	35%
15, 20, 25, 30, 40, 50, 60	45%	40%	40%	40%	35%	35%	35%
1L, 2L, 3L, 4L, FA	n/a	n/a	n/a	n/a	n/a	n/a	n/a

Housing development projects that consist of 100 percent on-site restricted affordable units, exclusive of a building manager unit or units, shall be permitted an additional increase in density of 10 percentage points more than listed in Subparagraph a. above. For example, a 50 percent density increase will become a 60 percent density increase.

Floor Area Ratio
1. Housing development projects shall be entitled to the portion of bonus FAR granted in the applicable CPIO or Specific Plan, up to the maximum bonus FAR allowed by the applied Form District (Part 2B.).
2. Housing development projects that consist of 100 percent on-site restricted affordable units, exclusive of a building manager unit or units, shall be permitted an additional 10 percent more of maximum floor area than listed Subparagraph a. above or in the applied Form District (Part 2B.). However, in no instance shall the housing development project exceed an FAR of 13:1.
Height

Housing development projects shall be entitled to use the entire bonus height (if any) allowed by the applied Form District.
Automobile Parking Incentives
1. Housing development projects shall qualify for reduced residential parking according to the table below. The applicable Automobile Parking Incentive shall be determined based on the designation shown on the Local Affordable Housing Incentive Map established in Sec. 1.5.4. (Local Affordable Housing Incentive Map), or in the applicable CPIO or Specific Plan.
  
  Automobile Parking Incentive
  
  Parking Reduction
  
  75% Decrease in required minimum
  
  50% Decrease in required minimum
2. For a housing development project that consists of 100 percent on-site restricted affordable units, exclusive of a manager unit or units, no parking is required for the project.
3. For a housing development project located 750 feet or less from a transit stop, as measured from the closest point on the lot to an entrance of the station or stop, no parking is required for the project.
4. A housing development project with non-residential uses in any Local Incentive Program Set may reduce the minimum automobile parking requirement in Div. 4C.4. (Automobile Parking) for any non-residential use by 20 percent.
5. Where parking reductions greater than those in this Section (Local Affordable Housing Incentive Program) are included in California Government Code, Sec. 65915(p), the greater reductions shall apply.

Additional Incentives

In addition to the applicable incentives established in Subsection C. (Base Incentives) above, a housing development project that includes the minimum amount of on-site restricted affordable units in Paragraph 1. (Local Program Incentive Sets) of Subsection B. (Eligibility) above, shall be entitled to up to three of the following additional incentives. However, the number a housing development project is entitled to, and the type of additional incentives may be superseded by a CPIO or Specific Plan.
1. Density Calculation
  
  Any area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the applied Density District (Part 6B.).
2. Building Coverage
  
  Up to a 25 percent increase in building coverage limits.
3. Lot Width
  
  Up to 25 percent decrease in the required lot width.
4. Averaging of Floor Area, Lot Amenity Space, Parking, & Density
  
  A housing development project that is located on two or more contiguous parcels may average the maximum floor area, minimum lot amenity space, minimum parking, and maximum density over the housing development project site, provided that:
  1. The proposed uses are permitted by the applied Use District of each parcel; and
  2. A covenant running with the land is recorded with the Los Angeles County Recorder, and a copy is provided to the Department of Building and Safety prior to the issuance of any building permits, that specifies no further lot line adjustment or any other action may cause the housing development project site to be subdivided subsequent to this grant, is permitted for the life of the housing development project.
5. CPIO Additional Incentives
  
  Additional incentives (if any), and eligibility requirements for additional incentives, shall be outlined in the applicable CPIO or Specific Plan.
Process

The following procedures apply to housing development projects, but may be superseded by a Specific Plan, Supplemental District, or Special Zone:
1. Base and Additional Incentives
  
  A housing development project requesting only the base incentives in Subsection C. (Base Incentives) above, and additional incentives outlined in Subsection D. (Additional Incentives) above, or in an applicable Specific Plan, Supplemental District, or Special Zone, shall follow the procedures in Sec. 9.2.1.D.1.a. (Projects Requesting Base Incentives & Incentives from the Menu of Additional Incentives).
2. Additional Incentives
  
  Housing development projects requesting additional incentives outlined in Subsection D. (Additional Incentives) above, or in the applicable CPIO or Specific Plan shall follow the procedures in Sec. 9.2.1.F.2. (Projects Requesting Additional Incentives).
3. Off-Menu Incentives
  
  Housing development projects that qualify for incentives by meeting the minimum required percentage of restricted affordable units, as outlined in Paragraph 1. (Local Incentive Program Sets) of Subsection B. (Eligibility) above, and for which the applicant requests an off-menu incentive, waiver, or modification of any Form District (Part 2B.) standard or Development Standards District (Part 4B.) standard that is not included in the incentives outlined in Subsection C. (Base Incentives) above, or Subsection D. (Additional Incentives) above, must be approved pursuant to Sec. 9.2.1.D.1.c. (Projects with Requests for Waivers).
4. Records and Agreement
  
  Prior to the issuance of any building permit, the applicant shall record a covenant acceptable to the LAHD that reserves and maintains the total combined number of dwelling units designated as restricted affordable for at least 55 or 99 years pursuant to Sec. 4C.15.3. (Restricted Affordable Units) from the issuance of the Certificate of Occupancy.

Sec. 9.3.3. [Reserved]

Sec. 9.3.4. Public Benefits Menu

Intent

The purpose of this Section (Public Benefits Menu), the “Public Benefits Menu,” is to encourage the development of facilities and services that are necessary to or are of benefit to the public and the community in which the facility or service is located. The Public Benefits Menu provides a centralized and standardized list of beneficial facilities and services that other incentive programs can point to in order to activate the provision of public facilities and services that are appropriate for the goals and needs of each program or community.
Applicability
1. Project Activities
  
  As the Public Benefits Menu is enabled and activated by various incentive programs throughout this Article (Public Benefit Systems), Specific Plans, Supplemental Districts, and Special Zones, the project activities applicable to the use of the Public Benefits Menus shall be those project activities allowed for the incentive program, Specific Plan, Supplemental District, or Special Zone being utilized by the project.
2. Reconciling Provisions
  
  As the Public Benefits Menu is enabled and activated by various different incentive programs throughout this Article (Public Benefit Systems), Specific Plans, Supplemental Districts, and Special Zones, any conflict between the provisions of this Section and conflicting provisions in any Zoning District, Supplemental District, Specific Plan, Special Zone, or other zoning provision shall be resolved pursuant to the reconciling provisions established for the incentive program, Specific Plan, Supplemental District, or Special Zone, being utilized by the project.

Program Rules

Eligibility

A project must be authorized by an incentive program in this Article (Public Benefit Systems), or in an applicable Specific Plan, Supplemental District, or Special Zone, to be eligible to receive incentives in the Public Benefits Menu in exchange for providing public benefits.
Incentives
1. Bonus FAR and Bonus Height
  1. If the option to provide public benefits is enabled by an incentive program in this Article (Public Benefit Systems) or in an applicable Specific Plan, Supplemental District, or Special Zone, a project shall be awarded additional floor area up to the maximum tier 2 bonus floor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.), by providing one or more of the public benefits options in Paragraph 3. (Public Benefits Incentive Sets), below, or by providing an alternative community facility pursuant to Sec. 9.3.1.D.1.b. (Alternative Public Benefit Options), below.
  2. In order to qualify for additional floor area and height pursuant to this Section (Public Benefits Menu), a project is only eligible to use the public benefits options listed in Paragraph 3. (Public Benefits Incentive Sets), below, for the Public Benefits Incentive Set mapped for the lot on the Public Benefits Incentive Map (Sec.1.5.12.), or for the Public Benefits Incentive Set specified within an applicable incentive program.
  3. The amount of additional floor area and additional height granted for each eligible public benefits option shall be established by the mapped Public Benefits Incentive Set or by the applicable Specific Plan, Supplemental District, or Special Zone. However, the total floor area on the lot or height of the project shall not exceed the maximum tier 2 bonus floor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.) or applicable Alternative Typology (Part 7B.), except where permitted in Sec. 2C.4.1.C.3. (Tier 2 Bonus), Sec. 2C.4.2.C.3. (Tier 2 Bonus), or Sec. 2C.4.3.C.2.b. (Tier 2 Bonus).
2. Tenant Size Limitations
  
  When used to qualify for additional floor area or height pursuant to this Section (Public Benefits Menu), spaces dedicated to one or more of the eligible public benefits options outlined in Paragraph 4. (Public Benefits Options), below, are not required to conform to tenant size limitations in the applied Use Districts (Part 5B.).

Public Benefits Incentive Sets

Public Benefits Incentive Set 1

Projects on a lot mapped with Public Benefits Incentive Set 1 or identified as eligible for Public Benefits Incentive Set 1 through an applicable incentive program shall be eligible to obtain the any additional floor area and/or additional height identified in the table below, up to the maximum tier 2 bonus floor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.) or eligible Alternative Typology (Part 7B.), by providing the corresponding public benefits options listed in the table, as the options are described in Paragraph 4. (Public Benefits Option), below:

Public Benefit Option

Additional Floor Area Granted

Additional Height Granted

Multi Bedroom Units (Sec. 9.3.4.C.4.h.)

Option C:
0.5 FAR

Option C:
1 story

Childcare Facility (Sec. 9.3.4.C.4.a.)

Shall be granted one of the following:

Additional floor area for residential use equivalent to the total floor area dedicated to a qualifying childcare facility in the project; or

1 story; or

For a project participating in an incentive program in Div. 9.2. (Citywide Housing Incentive Programs), one additional incentive from the Menu of Additional Incentives for the applicable incentive program or an incentive not listed on the Menu of Additional Incentives, where the requested incentive contributes significantly to the economic feasibility of the construction of the childcare facility.

Public Benefits Incentive Set 2

Projects on a lot mapped with Public Benefits Incentive Set 2 or identified as eligible for Public Benefits Incentive Set 2 through an applicable incentive program shall be eligible to obtain any additional floor area and/or additional height identified in the table below, up to the maximum tier 2 bonus floor area ratio and tier 2 bonus height allowed by the applied Form District (Part 2B.) or eligible Alternative Typology (Part 7B.), by providing the corresponding public benefits options listed in the table, as the options are described in Paragraph 4. (Public Benefits Option), below:

Public Benefit Option	Additional Floor Area Granted	Additional Height Granted
Active Ground Story (Sec. 9.3.4.C.4.l.)	Floor area equivalent to the total floor area dedicated to active uses located on the ground story, up to a maximum of 1,500 sqft.	N/A
Childcare Facility (Sec. 9.3.4.C.4.a.)	Shall be granted one of the following: Additional floor area for residential use equivalent to the total floor area dedicated to a qualifying childcare facility in the project; or 1 story; or For a project participating in an incentive program in Div. 9.2. (Citywide Housing Incentive Programs), one additional incentive from the Menu of Additional Incentives for the applicable incentive program or an incentive not listed on the menu of additional incentives, where the requested incentive contributes significantly to the economic feasibility of the construction of the childcare facility.
Multi-Bedroom Units (Sec. 9.3.4.C.4.h.)	One of the following: Option A: 0.5 FAR for every 25 total project dwelling units, inclusive of provided multi-bedroom units (inclusive of density bonus units and restricted affordable units), with a maximum of 2.0 FAR; or Option B: Floor area equivalent to the total floor area dedicated to multi-bedroom units in the project.	One of the following: Option A: 1 story for every 50 total project dwelling units, inclusive of provided multi-bedroom units, with a maximum of 2 Stories; or Option B: 1 story, with floor area of the top story limited to the total floor area dedicated to multi-bedroom units in the project.
Privately Owned Public Space (Sec. 9.3.4.C.4.i.)	For a privately owned public space located at-grade: 1.0 FAR For a privately owned public space located on an upper story: 0.5 FAR	For a privately owned public space located at-grade: 2 stories For a privately owned public space located on an upper story: 1 story
Surveyed Historic Resources Facade (Sec. 9.3.4.C.4.k.)	1.0 FAR	2 stories

"CPIO" Public Benefit Incentive Sets

Where a lot is mapped on the Public Benefits Incentive Map (Sec. 1.5.12.) as “CPIO”, the CPIO will establish public benefits options and the corresponding additional floor area and height granted for each public benefit option. The CPIO may establish additional public benefits options not listed in this Section (Public Benefits Menu) and when establishing additional public benefits shall provide descriptions, standards, and requirements for the use of the public benefits.
“SP” Public Benefit Incentive Sets

Where a lot is mapped on the Public Benefits Incentive Map (Sec. 1.5.12.) as “SP”, a Specific Plan will establish the public benefits options and the corresponding additional floor area and height granted for each public benefit option. The Specific Plan may establish additional public benefits options not listed in this Section (Public Benefits Menu) and when establishing additional public benefits shall provide descriptions, standards, and requirements for public benefits.

Public Benefits Options

In order to qualify for any incentive provided in Paragraph 3. (Public Benefits Incentive Sets) above, or an applicable incentive program in a Specific Plan, Supplemental District, or Special Zone, which refers to this Section (Public Benefits Menu), any public benefits option included in a project must meet all the applicable requirements provided below.
1. Childcare Facility
  1. The childcare facility shall comply with all requirements of California Code of Regulations, Title 22 (Social Security), Division 12 (Child Care Facility Licensing Regulations), Chapter 1 (Child Care Center General Licensing Requirements).
  2. The childcare facility shall be appropriately licensed by the California Department of Social Services.
  3. Floor area used as a childcare facility shall be used for such purpose for a minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of this provision, the time in which the childcare facility space is vacant does not count towards the required minimum.
  4. A minimum 10-year lease with a licensed childcare provider, with a five-year renewal option, shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the licensed childcare provider is required to complete the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representative shall find a new licensed childcare provider to complete the ten-year term. For the purposes of this provision, the time in which the childcare facility space is vacant does not count towards the required minimum.
  5. The floor area devoted to a childcare facility shall be located on-site.
  6. For a project which is obtaining additional floor area for providing a childcare facility, no other Certificate of Occupancy for the project shall be issued prior to a Certificate of Occupancy for the childcare facility required pursuant to this Section (Public Benefits Menu).
  7. Notwithstanding the Public Benefit available under this Subparagraph (Child Care Facility), pursuant to California Government Code Sec. 65915 (h)(3), a density bonus or incentive for a childcare facility shall not be provided if it is found, based on substantial evidence, that the community has adequate childcare facilities.
2. Full-Service Grocery Store
  1. The full-service grocery store shall have at least 10,000 square feet of floor area.
  2. At least 25 percent of the floor area of the full-service grocery store shall be dedicated to perishable food items.
  3. The full-service grocery store shall accept EBT or other forms of government assistance.
  4. Floor area used as a full-service grocery store shall be used for such purpose for a minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of this provision, the time in which the full-service grocery store space is vacant does not count towards the required minimum.
  5. A minimum 10-year lease with a full-service grocery store, with a five-year renewal option, shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the full-service grocery store is required to complete the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representatives shall find a new full-service grocery store to complete the 10-year term. For the purposes of this provision, the time in which the full-service grocery store space is vacant does not count towards the required minimum.
  6. The floor area devoted to a full-service grocery store shall be located on-site.
  7. For a project which is obtaining additional floor area for providing a full-service grocery store, no other Certificate of Occupancy for the project shall be issued prior to a Certificate of Occupancy for the full-service grocery store required pursuant to this Section (Public Benefits Menu).
3. Health Center
  1. The health center shall be certified by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA) as a Federally Qualified Health Center (FQHC), or FQHC Look-Alike as defined by the HRSA.
  2. Floor area provided for a health center shall be used for such purpose for a minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of this provision, the time in which the health center space is vacant does not count towards the required minimum.
  3. A minimum 10-year lease with a health service provider, with a five-year renewal option, shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the health service provider is required to complete the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representatives shall find a new health service provider to complete the 10-year term. For the purposes of this provision, the time in which the health center space is vacant does not count towards the required minimum.
  4. The floor area used as a health center shall be located on-site.
  5. For a project which is obtaining additional floor area for providing a health center, no other Certificate of Occupancy for the project shall be issued prior to a Certificate of Occupancy for the health center required pursuant to this Section (Public Benefits Menu).
4. Employment Area
  1. A minimum of 50 percent of the floor area permitted by the Base FAR must be used for non-residential uses outlined in the applicable incentive program, or CPIO or Specific Plan.
  2. The floor area for those eligible uses is maintained for a minimum of 55 years after the issuance of the Certificate of Occupancy. For the purposes of this provision, the time in which the space for the eligible uses is vacant does not count towards the required minimum.
  3. A minimum ten-year lease with a tenant with an eligible use, with five-year renewal option, shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the tenant with an eligible use is required to complete the term of the lease. If the lease is not completed prior to the 10-year term, the property owner or their representatives shall find a new tenant with an eligible use to complete the 10-year term. For the purposes of this provision, the time in which the floor area for those eligible uses is vacant does not count towards the required minimum.
  4. The floor area devoted to eligible uses shall be located on-site.
5. School and Library
  1. Floor area used for a school shall be occupied by a school run by or approved by the Los Angeles Unified School District (LAUSD), and shall be properly accredited. Floor area used for a library shall be occupied by a library operated by the City of Los Angeles Library Department. The applicant must obtain a written agreement from either LAUSD or the City of Los Angeles Library Department confirming the space will be used for a school or library.
  2. Floor area for a school or library shall be used for such purpose for a minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of this provision, the time in which the school or library space is vacant does not count towards the required minimum.
  3. A minimum 55-year lease with a school run by or approved by LAUSD or the City of Los Angeles Library Department shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the school run by or approved by LAUSD or the City of Los Angeles Library Department is required to complete the term of the lease. If the lease is not completed by a school run by or approved by LAUSD prior to the 10-year term, the property owner or their representatives shall find a new school run by or approved by LAUSD to complete the 10-year term. For the purposes of this provision, the time in which the public school or public library space is vacant does not count towards the required minimum.
  4. The floor area devoted to a school or library shall be located on-site.
  5. For a project which is obtaining additional floor area for providing a school or library, no other Certificate of Occupancy for the project shall be issued prior to a Certificate of Occupancy for the school or library required pursuant to this Section (Public Benefits Menu).
6. Social Service Center
  1. The project provides floor area for employment services, job training, business incubation, youth development, educational services, medical care, mental health care, substance abuse treatment, or food aid (social service centers).
  2. The social service center must be operated by a government agency or a 501(c)(3) non-profit organization.
  3. Services shall be provided on a voluntary basis with an emphasis on employment services, job training, business incubation, youth development, educational services, medical care, mental health care, substance abuse treatment, food aid, or other services deemed appropriate by the Director of Planning pursuant to Sec. 13B.2.5. (Director Determination).
  4. Floor area used as a social service center shall be used for such purpose for a minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of this provision, the time in which the floor area for the social service center is vacant does not count towards the required minimum.
  5. A minimum ten-year lease with a social service center, with a five-year renewal option, shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the social service center is required to complete the term of the lease. If the lease is not completed prior to the ten-year term, the property owner or their representatives shall find a new social service center to complete the 10-year term. For the purposes of this provision, the time in which the floor area for the social service center is vacant does not count towards the required minimum.
  6. The floor area devoted to a social service center shall be located on-site.
  7. For a project which is obtaining additional floor area for providing a social service center, no other Certificate of Occupancy for the project shall be issued prior to a Certificate of Occupancy for the social service center required pursuant to this Section (Public Benefits Menu).
7. Civic Facility
  1. Eligible facilities include: cultural centers, museums, police stations, fire stations, community centers, indoor recreation, or other public facilities deemed appropriate by the Director of Planning pursuant to Sec. 13B.2.5. (Director Determination).
  2. Floor area used for a civic facility shall be used for such purpose for a minimum of 55 years after the Certificate of Occupancy is issued. For the purposes of this provision, the time in which the floor area for the civic facility is vacant does not count towards the required minimum.
  3. A minimum 55-year lease with the City, or an organization approved by the City, shall be required prior to the issuance of a Certificate of Occupancy. This requirement does not mean that the City, or the organization designated by the City, is required to complete the term of the lease. If the lease is not completed by the City, or an organization approved by the City, prior to the 55-year term, the property owner or their representatives shall find a new organization approved by the City to complete the 55-year term. For the purposes of this provision, the time in which the civic facility is vacant does not count towards the required minimum.
  4. The floor area devoted to a civic facility shall be located on-site.
  5. For a project which is obtaining additional floor area for providing a civic facility, no other Certificate of Occupancy for the project shall be issued prior to a Certificate of Occupancy for the civic facility required pursuant to this Section (Public Benefits Menu).
8. Multi-Bedroom Units
  
  For the purposes of this public benefit option, a dwelling unit with four or more habitable rooms shall be considered a multi-bedroom unit, and calculations of dwelling units for purposes of this Subparagraph (Multi-Bedroom Units) resulting in fractional numbers shall be rounded up to the next whole number. The applicant and property owner shall execute a covenant in favor of the City that is recorded in the development site’s chain of title in order to guarantee the qualifying multi-bedroom units will maintain the same bedroom count and will not be converted to additional residential units in the future.
  1. Multi-Bedroom Option A
    
    At least ten percent of the total number of dwelling units (including bonus units) in the project shall be multi-bedroom units. Projects meeting this criterion shall be granted the additional floor area and height allowances listed for multi-bedroom “Option A” in Paragraph 3. (Public Benefits Incentive Sets), above.
  2. Multi-Bedroom Option B
    
    One or more dwelling units in the project (including bonus units) shall be multi-bedroom units; however, additional floor area granted for this multi-bedroom public benefit is only equivalent to the floor area dedicated to multi-bedroom units, as the additional floor area and height allowances are outlined for multi-bedroom “Option B” in Paragraph 3. (Public Benefits Incentive Sets), above.
  3. Multi-Bedroom Option C
    
    At least 40 percent of the total number of dwelling units (including bonus units) in the project shall be multi-bedroom units. Projects meeting this criterion shall be granted the additional floor area and height allowances listed for multi-bedroom “Option C” in Paragraph 3. (Public Benefits Incentive Sets), above.
9. Privately Owned Public Space
  1. The entire publicly accessible open space shall comply with the requirements in Sec. 2C.3.3.C.3. (Public Amenity Space), including making the open space permanently and physically open to the public for use free of charge between sunrise and sunset, or during regular business hours, whichever is longer.
  2. The publicly accessible open space shall be, at minimum, equal to or greater than the size of the lot’s minimum required lot amenity space area required by the applied Form District, including any pedestrian amenity exemption.
  3. This provision may not be used in conjunction with the 25 percent reduction for making outdoor amenity space publicly accessible in accordance with Sec. 2C.3.1.D.3. (Measurement). If the applied Form District does not specify a lot amenity space requirement, the publicly accessible open space shall be, at minimum, equal to or greater than 15 percent of the total lot area.
  4. All portions of the publicly accessible open space shall be contiguous, whether located at-grade or at an upper story.
  5. Any access walkways to the privately owned public space from the public sidewalk or public right-of-way shall be a minimum of seven feet wide.
  6. If a publicly accessible open space is located along a public sidewalk or public right-of-way, one entrance to the privately owned public space shall be provided from each public sidewalk or public right-of-way.
  7. Along a public sidewalk or public right-of-way, the publicly accessible open space shall be unenclosed, as established in Sec. 14.2.4.A.2. (Unenclosed).
  8. When additional a public facility in conjunction with a publicly accessible open space is required, and is not provided within the open space, access to the public facility shall be provided from the adjacent building facades.
  9. Way-finding signs shall be provided at each of the access points, whether externally or internally, located on or in the building, to guide people to the publicly accessible open space. Standards include the following:
    1. Minimum sign dimension, no less than 16 inches by 20 inches;
    2. Required posting of the hours of operation; and
    3. Mandatory language regarding public access.
  10. The publicly accessible open space complies with any additional requirements set forth in the applicable Specific Plan, Supplemental District, or Special Zone.
10. Community Benefits Fund
  
  The project pays into a Community Benefits Fund, in compliance with the provisions established in any applicable provision in the LAMC, a Specific Plan, Supplemental District, or Special Zone.
11. Surveyed Historic Resources Facade
  
  Projects incorporating a surveyed historic resource into the project design in which all the following standards are met:
  1. The project retains all existing street-facing facades of the surveyed historic resource up to a depth of 10 feet,
  2. Newly constructed floor area shall be set back behind the ten-foot retention area, with the exception of common outdoor amenity spaces, pedestrian amenity spaces, public amenity spaces, and private outdoor amenity spaces, and any horizontal encroachments permitted pursuant to Subsection E. (Exceptions) of Sec. 2C.2.2. (Building Setbacks). For projects where the surveyed historic resource has two street-facing facades, the setback shall be applied from both facades, and
  3. Rehabilitation of the retained facades of the surveyed historic resource is completed pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, based on an expert report or study, prepared by a qualified historical consultant and/or demonstrated by the project plans and accepted by the Office of Historic Resources, consistent with any Director adopted technical bulletin, memoranda, or guides. This option does not apply if the Office of Historic Resources has determined that the surveyed historic resource is not eligible for listing individually or as a contributor.
12. Active Ground Story
  1. Floor area on the ground floor of the project shall be designed and intended for active space. Areas for circulation, storage, mechanical equipment, parking, lobbies, mailrooms, laundry rooms, utilities, and waste collection shall not account for more than 15 percent of the floor area designated as active space.
  2. For the area dedicated to active space, the project shall provide a minimum ground story transparent area of 60 percent along primary street lot lines, 40 percent along side street lot lines, and 50 percent along special lot lines, where applicable.
  3. For the area dedicated to active space, the project shall provide street-facing entrances with a maximum entrance spacing of 50 feet along primary street lot lines, 75 feet along side street lot lines, and 50 feet along special lot lines, where applicable. Street-facing entrances shall meet the standards in Subsection C. (Standards) of Sec. 3C.5.1. (Street-Facing Entrance).

Administration
1. Process
  1. Administrative Review
    
    A floor area or height incentive granted for the provision of a public benefits option included in Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules), shall be approved using the procedures in Sec. 13B.3.1. (Administrative Review), unless otherwise specified by the applicable incentive program Specific Plan, Supplemental District, or Special Zone.
  2. Alternative Public Benefit Options
    
    The Director of Planning may approve a floor area or height incentive provided in the applicable Public Benefits Incentive Set or applicable Specific Plan, Supplemental District, or Special Zone, for providing public benefit options that are not listed in Paragraph 4. (Public Benefits Options) of Subsection C, (Program Rules) pursuant to Sec. 13B.2.5. (Director Determination).
    1. Supplemental Findings
      
      In addition to the findings required by Sec. 13B.2.5. (Director Determination), to approve an incentive for an alternative public benefit option, the Director of Planning must also find that the alternative public benefit option will enhance the built environment or quality of life in the surrounding neighborhood and will perform a function or provide a service that is essential or beneficial to the community.
  3. Change in Operator or Provider
    
    The property owner shall notify the Department of City Planning in the event a change in operator or provider for a public benefit occurs. The Department of City Planning shall approve any change in tenant pursuant to Sec. 13B.3.1. (Administrative Review).
    1. Exceptions
      1. A project, or those portions of a project, which provided contributions pursuant to Sec. 9.3.4.C.8. (Community Benefits Fund) shall not be subject to this notification and approval requirement.
      2. A project participating in the State Density Bonus Program (Sec. 9.2.1.), the Affordable Housing Incentive Program (Sec. 9.2.2.), the Opportunity Corridors Housing Incentive Program (Sec. 9.2.3.), the Corridors Transitions Incentive Program (Sec. 9.2.4.), or the Transit Oriented Incentive Program (Sec. 9.2.5.) shall not be subject to this notification and approval requirement for public benefits options listed in Sec. 9.3.4.C.3.a. (Public Benefits Set 1) or Sec. 9.3.4.C.3.b. (Public Benefits Set 2).
      3. In the event that the Mayor declares a fiscal emergency, property owners will not be required to have an operator or provider for public benefits for the duration of the emergency.
  4. Annual Reporting
    
    Projects that provide public benefits shall demonstrate compliance with the terms required under Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules) by the property owner submitting an annual report, the “Annual Community Public Benefits Report,” to the Department of City Planning.
    1. Annual Community Public Benefits Report
      
      The Annual Community Facilities Report shall include all of the following information:
      1. Occupancy status of the development over the last year.
      2. Occupancy status of the public benefit over the last year.
      3. Type of public benefit options provided.
      4. Evidence showing compliance with the requirements of Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules).
    2. Non-Compliance
      
      If the Director of City Planning determines after reviewing the Annual Community Public Benefits Report, or at any other time, a property is non-compliant with the requirements in Paragraph 4. (Public Benefits Options), of Subsection C. (Program Rules), above, the Director may notice the property owner that the 55-year term of compliance has been extended consistent with the requirements of Paragraph 4. (Public Benefits Options) and/or request the City Attorney’s Office to take legal action against the owner to enforce the terms of the covenant recorded pursuant to Paragraph 2. (Records and Agreements), below.
    3. Review
      
      The Department of City Planning shall review the Annual Community Facilities Public Benefits Report pursuant to Sec. 13B.3.1. (Administrative Review).
    4. Exceptions
      1. A project, or those portions of a project, that provided contributions pursuant to Sec. 9.3.4.C.8. (Community Benefits Fund) shall not be subject to the annual report requirement.
      2. A project participating in the State Density Bonus Program (Sec. 9.2.1.), the Affordable Housing Incentive Program (Sec. 9.2.2.), the Opportunity Corridors Housing Incentive Program (Sec. 9.2.3.), the Corridors Transitions Incentive Program (Sec. 9.2.4.), or the Transit Oriented Incentive Program (Sec. 9.2.5.) shall not be subject to this annual report requirement for public benefits options listed in Sec. 9.3.4.C.3.a. (Public Benefits Set 1) or Sec. 9.3.4.C.3.b. (Public Benefits Set 2).
      3. In the event that the Mayor declares a fiscal emergency, projects will not be subject to annual report requirements during the duration of the emergency.
  5. Fine
    
    If a property owner is found in violation of any of the applicable standards for the public benefits options in Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules), above, the property owner shall be subject to an administrative fine pursuant to Chapter I. (General Provisions and Zoning), Sec. 11.2.04. (Administrative Fines) of this Code.
    1. Exceptions
      1. This fine shall not be imposed for public schools or public libraries after the first lease agreement has been filed with the Department of City Planning.
      2. This fine shall not be imposed in the event that the Mayor declares a fiscal emergency for the duration of the emergency.
    2. Administration of Fine
      
      This fine shall be administered in accordance with the provisions of Chapter I. (General Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code, including but not limited to the appeal in Sec. 11.2.08. (Appeal of the Administrative Citation).
2. Records and Agreements
  
  Prior to issuance of the Certificate of Occupancy for a project obtaining incentives under this Section (Public Benefits Menu), a covenant acceptable to the Department of City Planning must be recorded with the Los Angeles County Recorder, guaranteeing that the applicant, tenant, or property owner will dedicate floor area within the development for public benefits for the periods outlined in Paragraph 4. (Public Benefits Options) of Subsection C. (Program Rules), and will submit annual reporting to the Department of City Planning in a manner consistent with Sec. 9.3.4.D.1.c. (Annual Reporting), above.

Sec. 9.3.5. Transfer of Development Rights Programs

Purpose

The purpose of this Section (Transfer of Development Rights Programs) is to allow for a CPIO or Specific Plan to establish a transfer of development rights program to facilitate the preservation of historically or culturally significant buildings and resources or to encourage the accumulation of land for use as public parks, while enabling development rights to be used on more appropriate sites.
Applicability

If the transfer of development rights is listed as an available incentive program in the applicable CPIO or Specific Plan, the project can obtain additional floor area up to the maximum bonus FAR for the applied Form District (Part 2B.) through a transfer of development rights, subject to the eligibility requirements and other regulations established in the CPIO or Specific Plan. However, projects on a lot with an applied Public Use District can obtain additional floor area beyond the maximum bonus FAR when the transfer is from a donor site with an applied Public Use District up to a maximum of 13:1 FAR, but may not exceed any applied height restrictions.
Eligibility

A project is eligible to use the transfer of development rights program if the CPIO or Specific Plan establishes donor sites (if any) that are eligible to transfer unused floor area, up to the maximum bonus FAR for the applied Form District (Part 2B.), and receiver sites that may receive some or all available unused floor area from the donor sites. As part of the transfer of development rights program, the applicable CPIO or Specific Plan shall establish the applicable rules of transfer needed to implement the program.
Process

To use a transfer of development rights, an application must be filed pursuant to Sec. 13B.2.5. (Director Determination). The CPIO or Specific Plan shall establish additional supplemental procedures in order to facilitate the transfers and their successful implementation.
Records & Agreements

A CPIO or Specific Plan shall establish any requirements for required records, such as covenants or easements, and any other agreements necessary to implement the transfers.

Div. 9.4. General Incentive Programs

Sec. 9.4.1. Permanent Supportive Housing Incentive Program

Purpose
1. The purpose of this Section (Permanent Supportive Housing Incentive Program) is to facilitate the expedient production of supportive housing: general units meeting the established definitions and regulations, or qualified permanent supportive housing projects, in order to provide high-quality, well-serviced and affordable housing units which are responsive to the needs of the target population.
2. This Section (Permanent Supportive Housing Incentive Program) is intended to facilitate construction or maintenance of supportive housing: general units pursuant to a ministerial approval process in conformance with the State density bonus provisions in California Government Code, Sec. 65915. Qualified permanent supportive housing projects are those that meet the following objectives:
  1. Projects should be located at sites that are accessible by public transit, including paratransit.
  2. Individual dwelling units should be provided with basic amenities that are sufficient to support independent living.
  3. Sufficient non-residential floor area, as determined in Paragraph 3. (Supportive Services) below, should be made available on the subject property to provide the appropriate level of supportive services to the resident target population.
3. The purpose of this Section (Permanent Supportive Housing Incentive Program) is also intended to maintain the standards in Ordinance numbers 185,489 and 185,492 for purposes of the exemption from CEQA in California Public Resources Code, Sec. 21080.2.
Eligibility

In order for a qualified permanent supportive housing project to be eligible for this Permanent Supportive Housing Incentive Program, it must comply with the following requirements:
1. Use of Other Residential Incentive Programs
  
  A qualified permanent supportive housing project applying for another incentive program established in Div. 9.2. (Affordable Housing Incentive Programs), Sec. 9.3.2. (Local Affordable Housing Incentive Program), or affordable housing incentive provisions in any other Specific Plan or Supplemental District at the same location, shall not be eligible for approval.
2. Affordable Housing Requirements
  
  Rents or housing costs to the occupying residents do not exceed 30 percent of the maximum gross income of extremely low income households, very low income households, or low income households, as those income ranges are defined by the US Department of Housing and Urban Development (HUD), or any successor agency, as verified by the LAHD. A minimum of 50 percent of the total combined dwelling units is occupied by the target population.
3. Supportive Services
  
  Applicants shall provide documentation describing the supportive services that will be provided on-site and off-site. Prior to any approval of a qualified permanent supportive housing project, the applicant shall submit information demonstrating that supportive services will be provided to residents of the project. The applicant shall indicate the name of the entity or entities that will provide the supportive services, the local public agency funding source(s) for those services, and proposed staffing levels. If a preliminary funding commitment is needed, the applicant shall also submit a signed letter of intent from the local public agency verifying that it is providing a preliminary funding commitment for the supportive services. If no funding commitment is needed, the applicant shall demonstrate that the entity or entities that will provide the supportive services are service providers pre-qualified by the relevant a local public agency. Any floor area used for the delivery of supportive services shall be considered incidental to the residential use.
4. Housing Replacement
  
  Projects shall meet any applicable dwelling unit replacement requirements of 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). Consistent with 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), dwelling units that are subject to Chapter XV. (Rent Stabilization) of this Code and 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 that are also deemed or presumed to be occupied by persons or families above the lower income category shall be replaced pursuant to 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), as determined by the LAHD, and all applicable monitoring fees in Article 15. (Fees) shall be paid by the applicant prior to the issuance of any building permit.
5. Performance Standards
  1. Location Requirement
    
    The qualified permanent supportive housing project shall be located within a High Quality Transit Area for the horizon year in the current Regional Transportation Plan/Sustainable Communities Strategy for the Southern California Association of Governments region.
  2. Supportive Services
    
    Non-residential floor area shall be provided for on-site supportive services in the following amounts:
    1. For qualified permanent supportive housing projects with 20 or fewer total combined dwelling units, no less than 90 square feet of dedicated office space shall be provided; or
    2. For qualified permanent supportive housing projects with greater than 20 dwelling units, a minimum of three percent of the total residential floor area shall be dedicated for on-site supportive services provided solely to on-site residents, including but not limited to community rooms, case management offices, computer rooms, or a community kitchen.
  3. Dwelling Unit Requirements
    
    Each dwelling unit shall have a private bathroom and cooking facilities containing, at minimum, a sink, refrigerator, counter space, and a hotplate or microwave.
  4. Historical Resources
    
    The qualified permanent supportive housing project shall not involve a historical resource.
Incentives

The grant of any incentives under this Section (Permanent Supportive Housing Incentive Program) shall not be considered an increase in density or other change which requires any corresponding zone change, General Plan amendment, project exception, or other discretionary action.
1. Base Incentives
  
  A qualified permanent supportive housing project meeting the requirements in Subsection B. (Eligibility) above is eligible for the following base incentives:
  1. Minimum Lot Area per Dwelling Unit
    
    In all Density Districts (Part 6B.), except for 1L and 15, the number of allowable dwelling units shall not be subject to the otherwise maximum density under any applicable ordinance or Specific Plan. On any lot in Density District 15, the minimum lot area per dwelling unit shall be 500 square feet.
  2. Parking
    
    The following requirements shall apply to all qualified permanent supportive housing projects:
    1. Up to 40 percent of the total required parking spaces may be provided by compact stalls.
    2. No parking spaces shall be required for dwelling units restricted to the target population.
    3. For projects located within 1/2-mile of a transit stop, no more than 1/2 parking spaces shall be required for each income-restricted dwelling unit not occupied by the target population. Otherwise, no more than one parking space shall be required for each restricted affordable unit or efficiency dwelling unit not occupied by the target population.
    4. For projects located within a 1/2-mile of a major transit stop, no parking shall be required.
    5. One parking space for every 20 dwelling units shall be required for the purpose of accommodating guests, supportive services, and case management.
    6. Parking reductions offered for qualified permanent supportive housing projects shall always be consistent or greater than those in California Government Code, Sec. 65915(p).
    7. If the parking requirements applicable to the project site pursuant to Div. 4C.4. (Automobile Parking) are less than the parking required in this Subparagraph (Parking), an applicant may use the parking requirements of Div. 4C.4. (Automobile Parking).
  3. Floor Area
    
    Areas designated exclusively for supportive services use or public areas accessible to all residents, including those for residential or supportive services uses, shall not be considered as floor area of the building for the purposes of calculating the total allowable floor area. The floor area shall be measured to the center line of wall partitions between public and non-public areas.
  4. Conversion or Replacement of Existing Residential Hotel Use
    
    Despite the provisions of the applied Use District, a qualified permanent supportive housing project developed pursuant to this Section (Permanent Supportive Housing Incentive Program) shall be permitted when the project is converted from, or is a replacement of a Residential Hotel as defined in Chapter IV. (Public Welfare), Sec. 47.73.S. (Definitions) of this Code, and is a continuation of an existing residential use. The replacement shall comply with the provisions of Chapter IV. (Public Welfare), Article 7.1. (Residential Hotel Unit Conversion and Demolition) of this Code, as approved by the Los Angeles Housing Department. The total number of dwelling units may be increased as part of the conversion or replacement. This Subparagraph (Conversion or Replacement of Existing Residential Hotel Use) shall not apply to a Residential Hotel located on a lot in Density District 20 or more restrictive.
2. Additional Incentives
  
  A qualified permanent supportive housing project meeting the requirements in Sec. 9.4.1.B. (Eligibility) is eligible for any combination of up to five additional incentives described below, as applicable.
  1. Yard
    
    A qualified permanent supportive housing project may obtain up to a 20 percent decrease in any required yard, and all adjustments to individual yards may be combined to count as one incentive, except that:
    1. The project must still provide landscaping sufficient in compliance with the landscape requirements of the applied Frontage District (Part 3B.) per Sec. 3C.3.1. (Frontage Planting Area) and any applicable standards from Div. 4C.6. (Plants).
    2. No reduction is permitted along a property line abutting a property in Density District 1L or any Open Space Use District.
    3. In Residential Use Districts, the resulting primary street setback may not be less than the average of the primary street setbacks, as measured to the main building, of adjoining lots along the same street face. If located on a corner lot or adjacent to a vacant lot, the primary street setback may align with the facade of the adjacent building along the same primary street lot line, and may result in more or less than a 20 percent decrease in the required yard. If there are no adjacent buildings, no reduction is permitted.
  2. Building Coverage
    
    Up to a 20 percent increase in building coverage limits, provided that the landscaping for the qualified permanent supportive housing project is sufficient to provide 10 percent more landscaping than otherwise required by the applied Frontage District (Part 3B.) per Sec. 3C.3.1. (Frontage Planting Area) and any applicable standards from Div. 4C.6. (Plants).
  3. Floor Area Ratio
    1. Up to a 35 percent increase in the base FAR.
    2. On lots in Density District 15, up to a 20 percent increase in the base FAR.
    3. Regardless of the FAR established by the applied Form District (Part 2B.), FAR not to exceed 3:1, provided the lot is in a Commercial-Mixed Use District.
  4. Height
    
    Up to a 35 percent increase in the maximum allowable height in feet, applicable over the entire lot regardless of any of the lower underlying height limits. In any Form District (Part 2B.) in which the height in stories is limited, this provision shall permit a maximum height increase of one additional story of up to eleven feet. For the purposes of this height incentive, other transitional height requirements in this Zoning Code (Chapter 1A) shall not apply. In their place, the following transitional height requirements shall be applied:
    1. When adjacent to or across an alley from lots within Density District 1L or 2L, the building's height shall be stepped back within a 45-degree angle as measured from a point 25 feet above-grade at the property line.
    2. On lots in Density District 15, when adjacent to or across an alley from lots in Density District 1L or 2L, the building's height shall be stepped back within a 45-degree angle as measured from a point 20 feet above-grade at the property line.
  5. Lot Amenity Space & Residential Amenity Space
    
    Up to a 20 percent decrease in the required lot amenity space and residential amenity space, provided that the landscaping for the qualified permanent supportive housing project is sufficient to provide 10 percent more landscaping than otherwise required by the applied Frontage District (Part 3B.) per Sec. 3C.3.1. (Frontage Planting Area) and any applicable standards from Div. 4C.6. (Plants).
  6. Averaging of Floor Area Ratio, Parking
    
    A qualified permanent supportive housing project that is located on two or more contiguous parcels may average the floor area, lot amenity space, residential amenity space, and parking over the project site, provided that:
    1. The proposed use is permitted by the applied zone for each lot; and
    2. No further lot line adjustment or any other action that may cause the qualified permanent supportive housing project site to be subdivided subsequent to this grant shall be permitted.
  7. Ground Floor Use
    
    Where non-residential floor area is required by this Code, Specific Plan, community plan, or other set of standards, that requirement may be satisfied by any active ground floor use such as community rooms, resident amenities, supportive services areas, or lot amenity space.
  8. Other Development Standard
    
    Up to 20 percent relief may be granted from one other "development standard" not described in this Section (Permanent Supportive Housing Incentive Program), as that term is defined in California Government Code, Sec. 65915.
Process
1. Qualified Permanent Supportive Housing Projects Meeting All Applicability Requirements
  
  To use an incentive, as outlined is Subsection C. (Incentives) above, an applicant must file pursuant to Sec. 13B.3.1.(Administrative Review).
  1. Application Material
    
    All applications shall be reviewed for compliance with the provisions in this Section (Permanent Supportive Housing Incentive Program), eligibility requirements in Subsection B. (Eligibility) above, and compliance with the applicable incentive standards in Subsection C. (Incentives) above. The application shall be approved by the Department if the standards of this Section (Permanent Supportive Housing Incentive Program) are met.
  2. Notification of Application
    
    Despite the provisions of Sec. 13B.3.1. (Administrative Review), the following requirements shall be completed at least 30 days prior to the Department approval of the qualified permanent supportive housing project:
    1. The Department shall send written notices of the qualified permanent supportive housing project application by U.S. mail to the abutting property owners, applicable Neighborhood Council and the Council District Office of the site; and
    2. The applicant shall post, in a conspicuous place near the entrance of the property, a public notice of the qualified permanent supportive housing project application. The applicant shall submit proof of posting to the Department, which includes submission of a completed public notice form provided by the Department and photographs of the posted notice.
  3. Additional Incentives
    
    The City may not apply a development standard that will physically preclude the construction of the qualified permanent supportive housing project. Applicants may request additional incentives pursuant to the procedures described in Sec. 9.2.1.F.3. (Projects with Requests for Waiver or Modification).
2. Deviations from Performance Standards
  
  The Zoning Administrator may modify the requirements of Sec. 9.4.1.B.5. (Performance Standards) for qualified permanent supportive housing projects, pursuant to Sec. 13B.2.2. (Class 2 Conditional Use Permit), when the applicant can demonstrate that the project remains consistent with the purpose of those standards.
Records & Agreements

Prior to the issuance of any building permit for a qualified permanent supportive housing project, the applicant shall record a covenant acceptable to the Los Angeles Housing Department that reserves and maintains the total combined number of dwelling units designated as restricted affordable for at least 55 or 99 years pursuant to Sec. 4C.15.3. (Restricted Affordable Units) from the issuance of the Certificate of Occupancy.

Sec. 9.4.2. Interim Conversions of Lodging Unit Program

Purpose

The purpose of this Section (Interim Conversions of Lodging Unit Program) is to facilitate the interim use of existing lodging uses as supportive housing or transitional housing for persons experiencing homelessness or those at risk of homelessness. Under this Section (Interim Conversions of Lodging Unit Program), the structure may return to its previous use, or any use consistent with the zoning of the lot, upon termination of the interim supportive housing or transitional housing use.
Eligibility

An interim lodging unit housing project is eligible for conversion to supportive housing or transitional housing for persons experiencing homelessness or those at risk of homelessness, as determined by the local public agency, if they meet the following requirements:
1. Certificate of Occupancy
  
  The structure has a Certificate of Occupancy as a lodging structure.
2. Use of Dwelling Units
  
  All household dwelling units and efficiency dwelling units, or a combination of both, in the structure must be used for supportive housing or transitional housing.
3. No Additions
  
  The interim lodging unit housing project does not increase or add floor area or expand the building footprint or height.
4. No Expansion of Use
  
  The interim lodging unit housing project does not increase the total combined number of household dwelling units or efficiency dwelling units shall not exceed the existing number of lodging units.
5. Permitted Use
  
  Any floor area used for on-site supportive services shall be considered accessory to the residential use.
6. Supportive Service Area
  
  For every 20 dwelling units, a minimum of one dedicated office space shall be provided for the provision of on-site supportive services, including case management. A minimum of one dedicated office space shall be provided for interim lodging unit housing projects with fewer than 20 total dwelling units. Any floor area dedicated to supportive services may be provided on-site within an existing building, but shall not exceed 10 percent of the total floor area of the building.
7. Supportive Services Contract
  1. The applicant shall provide a copy of an executed contract agreement between the local public agency, the provider of the supportive housing, or transitional housing, and the interim lodging unit housing project applicant for the provision of on-site supportive housing, or transitional housing, or a combination of both.
  2. The applicant shall provide proof that the applicant has received funding from a local public agency.
  3. The applicant shall provide proof that the supportive housing, or transitional housing contract is in effect.
8. Residential Hotel Ordinance
  
  If structures or units are subject to the provisions of Chapter IV., Article 7.1. (Residential Hotel Unit Conversion and Demolition) of this Code on the date of the interim lodging unit housing project application, they shall remain subject to all requirements and restrictions of that Article during the supportive housing, or transitional housing contract.
9. Historic Resource
  
  An interim lodging unit housing project shall not involve alteration of a historic-character-defining feature of a designated historic resource or surveyed historic resource, unless the Director, in consultation with the Office of Historic Resources, determines the proposed alteration will not adversely impact the property's historic eligibility.
Incentives

Interim lodging unit housing projects shall not be subject to any otherwise applicable zoning, Specific Plan, or Supplemental District regulations, including, but not limited to, the following:
1. Minimum Area per Household Dwelling Unit or Efficiency Dwelling Unit
  
  Interim lodging unit housing projects shall not be considered an increase in density or other change which requires any corresponding discretionary action. A structure, regardless of any nonconforming status as to the regulations of the applied Form District (Part 2B.) and Density District (Part 6B.), may be used for an interim lodging unit housing project.
2. Off-Street Automobile Parking
  
  Interim lodging unit housing projects shall be exempt from the provisions of Div. 4C.4. (Automobile Parking) during the supportive housing or transitional housing contract, however, the interim lodging unit housing project shall maintain and not reduce the number of on-site parking spaces existing on the date of the interim lodging unit housing project application.
3. Use Permission
  
  Despite the provisions of the applied Use District or any nonconforming use provision to the contrary, an interim lodging unit housing project shall be permitted and not considered a change of use.
4. Minor Interior Alterations for Cooking Facilities
  
  Approved interim lodging unit housing project applicants may make minor interior alterations adding cooking facilities, including a sink, a refrigerator not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and a hotplate or microwave. In the event a structure is returned to the motel or hotel use in accordance with Sec. 9.4.2.D.3. (Termination of Supportive Housing or Transitional Housing Contract), the lodging may maintain any added cooking facilities.
5. Preservation of Nonconforming Rights
  
  Upon termination of the supportive housing or transitional housing use, in accordance with Sec. 9.4.2.D.3. (Termination of Supportive Housing or Transitional Housing Contract), any structure that is nonconforming as to area or use regulations or any other requirements in this Zoning Code (Chapter 1A) may return to the use and condition authorized by a Certificate of Occupancy existing on the date of the interim lodging unit housing project application, despite any physical alterations to the subject property. Any floor area used for supportive services may be returned to use as lodging units, or may be converted to accessory amenity spaces, so long as the total number of lodging units do not exceed the number approved on the Certificate of Occupancy existing at the time of the application for interim lodging unit housing project.
Process
1. Department of Building and Safety Review
  
  Interim lodging unit housing projects shall be approved and the incentives described above in Subsection C. (Incentives) shall be granted by the Department of Building and Safety if the eligibility requirements of Subsection B. (Eligibility) above and the applicable standards described above in Subsection C. (Incentives) are met.
2. Residential Hotel Ordinance
  
  Interim lodging unit housing project applicants seeking to convert structures subject to the Residential Hotel Ordinance pursuant to Chapter IV. (Public Welfare), Article 7.1. (Residential Hotel Unit Conversion and Demolition) of this Code must also submit an application using the process described in Chapter IV. (Public Welfare), Sec. 47.78. (Application for Clearance) of this Code.
3. Termination of Supportive Housing or Transitional Housing Contract
  
  Upon any termination of the supportive housing or transitional housing contract, the following shall apply:
  1. The interim lodging unit housing project applicant shall be required, within 90 days, to notify the Department of Building and Safety and to complete one of the following:
    1. Submit an application to the Department of Building and Safety to return to the use, authorized by a Certificate of Occupancy, existing on the date of the interim lodging unit housing project application, or to any use permitted by the current zoning regulations; or
    2. Provide a copy of a new executed contract agreement to the Department of Building and Safety in accordance with the requirements in Sec. 9.4.2.B.7. (Supportive Services Contract) to begin a new contract term for provision of supportive housing or transitional housing.
  2. The number of dwelling units, as defined in Chapter IV. (Public Welfare), Sec. 47.73.T. (Definitions) of this Code, at each participating structure of an interim lodging unit housing project which has been converted to structures subject to Chapter IV. (Public Welfare), Article 7.1. (Residential Hotel Unit Conversion and Demolition) of this Code shall be identical to the number of units originally determined by the Los Angeles Housing Department to be dwelling units pursuant to Chapter IV. (Public Welfare), Sec. 47.76. (Residential Unit Status Determination) of this Code or any subsequent number approved as part of an application using the process described in Chapter IV. (Public Welfare), Sec. 47.78. (Application for Clearance) of this Code.
4. Modifications to Interim Lodging Unit Housing Project Applicability Requirements
  
  The Zoning Administrator may modify or exempt the applicability requirements for interim lodging unit housing projects in Sec. 9.4.2.B.6. (Supportive Service Area) and Sec. 9.4.2.B.9. (Historic Resource), pursuant to Sec. 13B.2.2.(Class 2 Conditional Use Permit), when the applicant can demonstrate that the project remains consistent with the purpose of those standards.

Sec. 9.4.3. Senior Care Facilities Incentive Program

Purpose

The purpose of this Section (Senior Care Facilities Incentive Program) is to provide development standards for senior care facility or supportive housing forsenior citizens, including for the provisions of medical care, and create a single process for approvals and facilitate the processing of applications for an senior care facility. These facilities provide much needed services and housing for the growing senior population of the City of Los Angeles.
Applicability

This Section applies to a senior care facility project located on a lot or lots in any Agricultural, Residential, Residential-Mixed, or Commercial-Mixed Use District.
Incentives
1. Zoning District Requirements
  
  The Zoning Administrator may permit a senior care facility project under this Section (Senior Care Facilities Incentive Program) that does not meet the requirements of the applied Use District or Density District (Part 6B.), or height provisions of the applied Form District (Part 2B.), or the requirements of any Specific Plan, Supplemental District, or Chapter 1A regulation adopted or imposed by City action pursuant to Subsection D. (Procedures) below.
2. Development of Site
  
  New buildings or structures may be erected, enlargements may be made to existing buildings, and the existing housing types within the senior care facility project may be extended on the approved site, provided that development plans are submitted to and approved by the Zoning Administrator. The Zoning Administrator may disapprove the plans where it is found that the use does not conform to the purpose and intent of the findings required for senior care facility under this Section (Senior Care Facilities Incentive Program), and may specify the conditions under which the plans may be approved.
Procedures
1. Review
  
  The Zoning Administrator may permit a senior care facility project under this Section (Senior Care Facilities Incentive Program) pursuant to Sec. 13B.2.2.(Class 2 Conditional Use Permit).
  1. Supplemental Findings
    
    In addition to the findings set forth in Sec. 13B.2.2. (Class 2 Conditional Use Permit), the Zoning Administrator shall not grant the approval unless it is also found that:
    1. The senior care facility project shall provide services to senior citizens to meet citywide demand;
    2. The senior care facility project shall not create an adverse impact on street access or circulation in the surrounding neighborhood; and
    3. The senior care facility project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.
2. Subsequent Change of Use
  
  Residential uses, as established in Div. 5D.2. (Residential Uses), within a senior care facility project may not be changed to a different residential use unless it has been subsequently approved. The Zoning Administrator may approve changes to the number of household dwelling units, efficiency dwelling units, beds, or floor area provided that a minimum of 75 percent of the floor area, exclusive of common areas, shall consist of supportive housing: medical care or supportive housing for senior citizens.

Sec. 9.4.4. Unpermitted Dwelling Units Program

Purpose

The purpose of this Section (Unpermitted Dwelling Units Program) is to further health and safety standards in multi-unit buildings and preserve and create affordable housing units by establishing procedures to legalize certain pre-existing unpermitted dwelling units in conformance with the State Density Bonus provisions in California Government Code, Sec. 65915.
Eligibility

A structure with a unpermitted dwelling unit located in any Density District (Part 6B.), except for Density District 1L, is eligible for the provisions of this Section (Unpermitted Dwelling Units Program) when the following criteria are met:
1. Pre-Existing Units
  
  The units to be legalized have been occupied as a dwelling unit at any time between December 11, 2010 and December 10, 2015. Examples of the types of evidence to establish occupancy include, but are not limited to:
  1. Apartment lease;
  2. Utility bill;
  3. Rent Stabilization Ordinance (RSO) Rent Registration Certificate;
  4. Code enforcement case documentation (e.g., Orders to Comply); or
  5. Other evidence identified on the application form and made available for public inspection in the case file.
2. Restricted Affordable Units
  
  At least one additional restricted affordable unit is being provided on the project site. A restricted affordable unit. Affordable means that rents or housing expenses cannot exceed 30 percent of the maximum gross income of each respective household income group. Moderate income units may be used, provided the project is not located in a Low-Moderate Census Tract pursuant to the Community Reinvestment Act.
3. Performance Standards
  
  The property shall meet the following performance standards:
  1. Front Yard Landscaping
    
    All portions of the required front yard not used for necessary driveways and walkways, including decorative walkways, are landscaped and maintained, and not otherwise paved.
  2. Lighting
    
    Security night lighting is shielded so that the light source cannot be seen from adjacent residential properties.
  3. Parking Area
    
    Any surface parking areas are landscaped pursuant to the requirements of Div. 4C.4.4.C.2. (Parking Lot Landscaping).
  4. Signs
    
    Any illegal signs shall have been removed.
  5. Code Violations
    
    The project site must not have any outstanding code violations other than those being addressed by the application under this Section (Unpermitted Dwelling Units Program).
  6. Unpermitted Building Footprint Expansion
    
    The dwelling units to be legalized shall not result or have resulted in an unpermitted expansion of the building footprint or height, except that additions of less than 250 square feet, not resulting in any additional height, may be permitted, provided it is not located on the building frontage adjoining the front yard. The purpose of this standard is to limit exterior alterations to those that are minor and do not have a significant impact on the visual character of the building or neighborhood.
Incentives

A property meeting the eligibility criteria above must comply with all applicable zoning regulations, except:
1. The grant of permitted status to pre-existing unpermitted units under this Section (Unpermitted Dwelling Units Program) shall not be considered an increase in density or other change which requires any corresponding Zone Change (Sec. 13B.1.4.), General Plan Adoption/Amendment (Sec. 13B.1.1.), Project Exception (Sec. 13.B.4.5.), or other discretionary action pursuant to Article 13. (Administration).
2. The number of allowable dwelling units can be increased up to 35 percent over the otherwise maximum allowable density of the applied Density District (Part 6B.) or applicable Specific Plan, depending on the percentage of restricted affordable units provided in the building, pursuant to the density bonus charts in California Government Code, Sec. 65915(f). These charts can be extended proportionally to permit both a density increase and an affordable set-aside less than what is shown on the charts.
3. For properties which have more permitted dwelling units than are allowed under current maximum allowable density, an increase in current maximum allowable density beyond 35 percent may be authorized as long as the project offers sufficient restricted affordable units to achieve at least a 35 percent density bonus pursuant to the density bonus charts in California Government Code, Sec. 65915(f) and the increase in number of dwelling units does not exceed 35 percent of the number of permitted dwelling units on the property. Regardless of the actual number of permitted dwelling units on the property, the base number of dwelling units for calculating the percentage of restricted affordable units shall be the dwelling units allowed by the current maximum residential density.
4. A property containing one structure with two permitted dwelling units in any Density District (Part 6B.) except for Density District 1L may legalize a third unit as long as one of the dwelling units is a restricted affordable unit, even if the third dwelling unit increases the density by more than 35 percent.
5. An applicant may choose any one of the following methods of calculating required parking, if applicable, in conjunction with the bicycle parking provisions in Div. 4C.3. (Bicycle Parking). If the net new number of required parking spaces is other than a whole number, it shall be rounded up to the next whole number.
  1. Parking may be recalculated for all units in the project (not just the restricted units) using Parking Option 1 in Sec. 9.2.1.C.2. (Automobile Parking).
  2. Parking may be calculated by maintaining all existing parking and providing additional parking just for the newly legalized units in accordance with Parking Option 2 in Sec. 9.2.1.C.2. (Automobile Parking), as long as one restricted affordable unit or dwelling unit for low income individuals who are senior citizens, or who have a physical or mental impairment that limits one or more major life activities, is provided for each legalized unit.
  3. Parking may be calculated by maintaining all existing parking and providing additional parking at a ratio of 0.5 parking spaces per bedroom for the newly legalized dwelling units for a project located within 1/2 mile of a major transit stop.
6. The applicant shall be eligible for up to three concessions or incentives in accordance with California Government Code, Sec. 65915(d)(2), depending on the percentage of restricted affordable units provided. For the purposes of this Section (Unpermitted Dwelling Units Program), a concession or incentive means a reduction in a site development standard or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, including, but not limited to, a reduction in lot amenity space requirements and in the ratio of vehicular parking spaces that would otherwise be required.
7. The City may not apply a development standard that will physically preclude the legalization of a project which meets the eligibility criteria of Sec. 9.4.4.B. (Eligibility) at the densities or with the concessions or incentives permitted by this Section (Unpermitted Dwelling Units Program). Development standards include, but are not limited to: a site condition; a height limitation; a yard requirement; a floor area ratio; an lot amenity space requirement; or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, Specific Plan, charter, or other local condition, law, policy, resolution, or regulation. Development standards do not include conditions imposed through discretionary approvals. Incentives shall not be used to exempt compliance with performance standards.
8. The street dedication provisions of Article 10. (Streets & Parks) shall not apply when dwelling units are legalized under this Section (Unpermitted Dwelling Units Program).
9. The City's Affordable Housing Incentives Guidelines shall not apply to projects under this Section (Unpermitted Dwelling Units Program).
Process
1. Administrative Review
  
  The applicant shall submit an application on a form developed by the Department that contains basic information about the project, the owner or applicant, and conformance with this Section (Unpermitted Dwelling Units Program). The Director shall review all applications for compliance with the eligibility criteria in Subsection B. (Eligibility), above. The application shall be approved by the Director of Planning if the eligibility criteria and performance standards of this Section are met pursuant to Sec. 13B.3.1. (Administrative Review).
2. Relief
  
  The Zoning Administrator may modify or exempt the performance standards in Paragraph 3. (Performance Standards) of Subsection B (Eligibility), above, pursuant to Sec. 13B.2.2.(Class 2 Conditional Use Permit), when the applicant can demonstrate that the project remains consistent with the purpose of those standards.
Records & Agreements

Prior to the issuance of any building permit, a covenant acceptable to the Los Angeles Housing Department shall be recorded with the Los Angeles County Recorder, guaranteeing that each required restricted affordable unit shall be reserved and maintained for at least 55 years or 99 years pursuant to Sec. 4C.15.3. (Restricted Affordable Units) from the issuance of the Certificate of Occupancy.

Sec. 9.4.5. Downtown Adaptive Reuse Program

Purpose

The purpose of this Section (Downtown Adaptive Reuse Program) is to facilitate the preservation and reuse of existing buildings in the Downtown Community Plan Area, and implement the General Plan by facilitating the conversion of older, economically distressed, or historically significant buildings to apartments, live/work units, offices, or visitor-serving facilities. This will help to reduce vacant space as well as preserve Downtown’s architectural and cultural past and encourage the development of a live/work and residential community Downtown, thus creating a more balanced ratio between housing and jobs in the region’s primary employment center. This revitalization will also facilitate the development of a “24-hour city” and encourage mixed commercial and residential uses in order to improve air quality and reduce motor vehicle trips and motor vehicle miles traveled by locating residents, jobs, hotels and transit services near each other.
Eligibility

The provisions of this Section (Downtown Adaptive Reuse Program) shall apply to an adaptive reuse project in the Downtown Community Plan area in all or any portion of a building or structures meeting the criteria below (as evidenced by a Certificate of Occupancy, building permit or other suitable document.
1. Buildings That Are At Least 15 Years Old
  
  Buildings constructed in accordance with building and zoning codes in effect at the time they were built and for which at least 15 years have elapsed since the date of permitted and completed construction.
2. Buildings That Are At Least 10 Years Old
  
  Buildings constructed in accordance with building and zoning codes in effect at the time they were built and for which at least 10 years have elapsed since the date of permitted and completed construction.
3. Historic Buildings
  
  Designated historic resources and surveyed historic resources are also eligible buildings.
4. Parking Structures
  
  Any parking structure, or parking area, within an existing building constructed in accordance with building and zoning codes in effect at the time they were built, for which at least 10 years have elapsed since the date of permitted and completed construction.
Standards
1. Affordable Housing Linkage Fee
  
  The linkage fee, as established in Sec. 15.4.3. (Affordable Housing Linkage Fee), shall continue to apply, as applicable, to any new floor area in the project devoted to the uses described in the linkage fee schedule, regardless of the exemptions in Subsection D. (Incentives) below.
Incentives

Despite any other provisions of this Zoning Code (Chapter 1A) to the contrary, adaptive reuse projects eligible under Subsection B. (Eligibility) above shall be entitled to the incentives set forth below. These incentives shall not apply to any new construction or additions located on the same lot as an adaptive reuse project unless otherwise stated below.
1. Floor Area
  1. Existing Floor Area
    
    Existing floor area which exceeds the maximum floor area ratio of the applied Form District (Part 2B.) shall be allowed.
  2. New Floor Area Within Existing Building Envelope
    
    Any additional floor area, including mezzanines, as defined by Chapter IX. (Building Regulations) of this Code, created within an existing building shall not be counted towards the maximum floor area limit for the lot.
  3. Use Modification in Previously Exempted Floor Area
    
    The following actions shall not be considered as adding new floor area that enlarges an existing building or structure:
    1. The use modification of any area of an existing building that is exempt from floor area limitations to any use permitted in the applied Use District, including the renovation of any interior portion of an existing building for a permitted use. However, this shall not include new construction, and must be located within the building’s existing exterior walls and below the existing roof.
    2. The use modification of any area of an existing building which is exempt from floor area to lot amenity spaces or residential amenity spaces.
    3. The use modification of any area of an existing basement or portions of an eligible building that are below grade.
    4. The conversion of existing parking areas or structures as long as the conversion remains within the exterior walls of the existing building.
  4. New Rooftop Structures
    
    The construction of new structures on the existing roof shall not be considered new floor area, as long as the new rooftop structures:
    1. Do not exceed one story; and
    2. Comply with the height requirements of the applied Form District (Part 2B.).
  5. Unified Development
    1. For buildings listed as designated historic resources or surveyed historic resources that are incorporated as part of a unified development composed of two or more buildings, the existing floor area, up to a maximum of 50,000 square feet, shall be exempted from the maximum floor area limit for the lot. This incentive shall not be utilized if the unified development involves the demolition or facade modification of any portion of a designated historic resource or surveyed historic resource which has not been approved by the Office of Historic Resources.
    2. The averaging of floor area ratios may be permitted even if buildings on each individual lot would exceed the permitted floor area ratio. However, the total floor area for the unified development, when calculated as a whole, may not exceed the maximum permitted floor area by the applied Form Districts (Part 2B.).
2. Height
  1. Existing Height
    
    An existing building which is a part of an adaptive reuse project shall be allowed to maintain its existing height, regardless of whether it complies with the height requirements of the applied Form District (Part 2B.), including but not limited to height in stories or height in feet.
  2. New Stories Within Existing Building Envelope
    
    Any additional story created within an existing building which is a part of an adaptive reuse project shall not be counted as an additional story towards any height in stories limit.
3. Yards
  
  Existing observed yards which do not meet the building setback requirements of the applied Form District (Part 2B) shall be allowed.
4. Lot Amenity Space & Residential Amenity Space Requirements
  
  An adaptive reuse project shall not be required to provide any additional lot amenity space or residential amenity space as a result of a use modification.
5. Upper-Story Bulk
  
  An existing building which is a part of an adaptive reuse project shall not be required to comply with any applicable upper story provisions in Div. 2C.6. (Upper-Story Bulk).
6. Building Mass
  
  An existing building which is a part of an adaptive reuse project shall not be required to comply with any applicable building mass provisions in Div. 2C.5. (Building Mass).
7. Frontage District Standards
  
  Adaptive reuse projects shall not be required to bring eligible buildings or structures into conformance with the applied Frontage District (Part 3B.). Where an eligible building or structure is nonconforming as to the applied Frontage District (Part 3B.) an adaptive reuse project shall not further reduce compliance.
8. Project Review
  
  Adaptive reuse projects shall be exempt from any requirements to go through the Project Review process in the applied Development Standards District (Part 4B.) and set forth in Div. 4C.14. (Development Review).
9. Loading Space
  1. Where an existing loading space is provided, it shall be allowed to maintain its current, existing dimensions, regardless of whether it complies with the provisions of Sec. 4C.2.2.C.2. (Freight Loading Areas).
  2. If no loading spaces exist, then a loading space shall not be required in conjunction with the development of an adaptive reuse project.
10. Density
  
  Dwelling units and household business: joint living & work quarters shall not be subject to the lot area per dwelling unit or dwelling units per lot requirements of the applied Density District (Part 6B.).
11. Inclusionary Housing Program
  
  Adaptive reuse projects shall not be required to provide restricted affordable units pursuant to Sec. 5C.3.1. (Inclusionary Housing Program).
Process
1. Department of Building and Safety Review
  
  The following types of adaptive reuse projects shall be approved (including all incentives in Subsection D. (Incentives) above) by the Department of Building and Safety if the requirements of Subsection B. (Eligibility) above and the criteria described above in Subsection C. (Standards) and Subsection D. (Incentives) are met:
  1. Adaptive reuse projects involving buildings constructed in accordance with building and zoning codes in effect at the time they were built for which at least 15 years have elapsed since the date of permitted and completed construction, and
  2. Adaptive reuse projects involving parking structures or parking areas within an existing building for which at least 10 years have elapsed since the date of permitted and completed construction.
2. Zoning Administrator Review
  1. Adaptive reuse projects involving buildings constructed in accordance with building and zoning codes in effect at the time they were built for which at least 10 but less than 15 years have elapsed since the date of permitted and completed construction, may be approved by the Zoning Administrator, pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit), if the adaptive reuse project complies with the requirements of Subsection B. (Eligibility) above and any criteria and requirement described in Subsection C. (Standards) above and Subsection D. (Incentives), above are met. The incentives described in Subsection D. (Incentives) for which the project qualifies shall be granted for any approved adaptive reuse project.
  2. Furthermore, pursuant to the processes and procedures of Sec. 13B.2.1. (Class 1 Conditional Use Permit), the Zoning Administrator shall have the authority to grant any other zoning incentives or exceptions from this Zoning Code (Chapter 1A) required to permit adaptive reuse projects proposed pursuant to this Section (Downtown Adaptive Reuse Program), including but not limited to the authority to permit dwelling units and household business: joint living & work quarters in adaptive reuse projects.

Sec. 9.4.6. Citywide Adaptive Reuse Program

Purpose

The purpose of this Section (Citywide Adaptive Reuse Program) is to encourage and facilitate the conversion and retention of existing, or historically significant buildings, and conversion between uses permitted or conditionally permitted by the designated Use District of the property. The goal is to reduce vacant space, as well as preserve the City’s architectural and cultural past, and encourage the sustainable practice of retaining the inherent energy that goes into the construction of existing buildings. This practice has demonstrated its effectiveness as a revitalization tool that encourages the use of underutilized buildings and the creation of new dwelling units.
Eligibility

The provisions of this Section (Citywide Adaptive Reuse Program) shall apply to adaptive reuse projects outside the Downtown Community Plan Area, in any Commercial-Mixed Use District, or on any lot in Density District 2 or FA, regardless of Use District, in the buildings and structures. Meeting the following criteria (evidenced by a Certificate of Occupancy, building permit, or suitable document):
1. Buildings That Are At Least 25 Years Old
  
  Buildings constructed in accordance with building and zoning codes in effect at the time they were built and for which at least 25 years have elapsed since the date of permitted and completed construction.
2. Buildings That Are At Least 10 Years Old
  
  Buildings constructed in accordance with building and zoning codes in effect at the time they were built and for which at least 10 years have elapsed since the date of permitted and completed construction.
3. Historic Buildings
  
  Designated historic resources and surveyed historic resources.
4. Parking Structures
  
  Any parking structure, or parking area, provided in excess of the minimum parking required by this Zoning Code (Chapter 1A), within an existing building constructed in accordance with building and zoning codes in effect at the time they were built, for which at least 10 years have elapsed since the date of permitted and completed construction.
Standards
1. Affordable Housing Linkage Fee
  
  The linkage fee, as established in Sec. 15.4.3. (Affordable Housing Linkage Fee), shall continue to apply, as applicable, to any new floor area in the project devoted to the uses described in the linkage fee schedule, regardless of the exemptions in Subsection D. (Incentives) below.
Incentives

Despite any other provisions of this Zoning Code (Chapter 1A) to the contrary, adaptive reuse projects shall be entitled to the incentives set forth below. These incentives shall not apply to any new construction or additions located on the same lot as an adaptive reuse project unless otherwise stated below.
1. Floor Area
  1. Existing Floor Area
    
    Existing floor area which exceeds the maximum floor area ratio of the applied Form District (Part 2B.) shall be considered allowed.
  2. New Floor Area Within Existing Building Envelope
    
    Any additional floor area, including mezzanines, as defined by Chapter IX. (Building Regulations) of this Code, created within an existing building shall not be counted towards the maximum floor area limit for the lot.
  3. Use Modification in Previously Exempted Floor Area
    
    The following actions shall not be considered as adding new floor area that enlarges an existing building or structure:
    1. The use modification of any area of an existing building that is exempt from floor area limitations, to any use permitted in the applied Use District, including the renovation of any interior portion of an existing building for a permitted use. However, this shall not include new construction, and must be located within the building’s existing exterior walls and below the existing roof.
    2. The use modification of any area of an existing building which is exempt from floor area limitations to lot amenity spaces or residential amenity spaces.
    3. The use modification of any area of an existing basement or portions of an eligible building that are below grade.
    4. The conversion of existing parking areas or structures as long as the conversion remains within the exterior walls of the existing building.
  4. New Rooftop Structures
    
    The construction of new structures on the existing roof shall not be considered new floor area, as long as the new rooftop structures:
    1. Do not exceed one story; and
    2. Comply with the height requirements of the applied Form District (Part 2B.).
  5. Unified Development
    1. For buildings listed as designated historic resources or surveyed historic resources that are incorporated as part of a unified development composed of two or more buildings, the existing floor area, up to a maximum of 50,000 square feet, shall be exempted from the maximum floor area limit for the lot. This incentive shall not be utilized if the unified development involves the demolition or facade modification of any portion of a designated historic resource or surveyed historic resource which has not been approved by the Office of Historic Resources.
    2. The averaging of floor area ratios may be permitted even if buildings on each individual lot would exceed the permitted floor area ratio. However, the total floor area for the unified development, when calculated as a whole, may not exceed the maximum permitted floor area by the applied Form Districts (Part 2B.).
2. Height
  1. Existing Height
    
    An existing building which is a part of an adaptive reuse project shall be allowed to maintain its existing height, regardless of whether it complies with the height requirements of the applied Form District (Part 2B.), including but not limited to height in stories or height in feet.
  2. New Stories Within Existing Building Envelope
    
    Any additional story created within an existing building which is a part of an adaptive reuse project shall not be counted as an additional story towards any height in stories limit.
3. Yards
  
  Existing observed yards which do not meet the building setback requirements of the applied Form District (Part 2B.) shall be allowed.
4. Lot Amenity Space & Residential Amenity Space Requirements
  
  An adaptive reuse project shall not be required to provide any additional lot amenity space or residential amenity space as a result of a use modification.
5. Upper-Story Bulk
  
  An existing building which is a part of an adaptive reuse project shall not be required to comply with any applicable upper story provisions in Div. 2C.6. (Upper-Story Bulk).
6. Building Mass
  
  An existing building which is a part of an adaptive reuse project shall not be required to comply with any applicable building mass provisions in Div. 2C.5. (Building Mass).
7. Frontage District Standards
  
  Adaptive reuse projects shall not be required to bring eligible buildings or structures into conformance with the applied Frontage District (Part 3B.). Where an eligible building or structure is nonconforming as to the applied Frontage District (Part 3B.) an adaptive reuse project shall not further reduce compliance.
8. Off-Street Automobile Parking
  
  The required number of parking spaces shall be the same as the number of spaces that exist on the lot, and shall be maintained and not reduced. However, if the total parking required by Div. 4C.4. (Automobile Parking) for the new use is less than the number of parking spaces that exist on the lot, then the number of parking spaces may be reduced to the number of required parking spaces.
9. Loading Space
  1. Where an existing loading space is provided, it shall be allowed to maintain its current, existing dimensions, regardless of whether it complies with the provisions of Sec. 4C.2.2.C.2. (Freight Loading Areas).
  2. If no loading spaces exist, then a loading space shall not be required in conjunction with the development of an adaptive reuse project.
10. Project Review
  
  Adaptive reuse projects shall be exempt from any requirements to go through the Project Review process in by the applied Development Standards District (Part 4B.) and set forth in Div. 4C.14. (Development Review).
11. Density
  
  Dwelling units and household business: joint living & work quarters shall not be subject to the lot area per dwelling unit or dwelling unit per lot requirements of the applied Density District (Part 6B.).
12. Inclusionary Housing Program
  
  Adaptive reuse projects shall not be required to provide restricted affordable units pursuant to Sec. 5C.3.1. (Inclusionary Housing Program).
Process
1. Department of Building and Safety Review
  
  The following types of adaptive reuse projects that meet the requirements of Subsection B. (Eligibility), and meet the criteria described above in Subsection C. (Standards) and Subsection D. (Incentives) shall be approved by the Department of Building and Safety:
  1. Adaptive reuse projects involving buildings constructed in accordance with building and zoning codes in effect at the time they were built for which at least 25 years have elapsed since the date of permitted and completed construction, and
  2. Adaptive reuse projects involving parking structures or parking areas within an existing building for which at least 10 years have elapsed since the date of permitted and completed construction.
2. Zoning Administrator Review
  1. Adaptive reuse projects involving buildings constructed in accordance with building and zoning codes in effect at the time they were built for which at least 10 years have elapsed since the date of permitted and completed construction may be approved by the Zoning Administrator, pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit), if the adaptive reuse project complies with the requirements of Subsection B. (Eligibility), and the criteria described in Subsection C. (Standards) and Subsection D. (Incentives), above, are met. If the adaptive reuse project is approved, the incentives described in Subsection D. (Incentives) above for which the project qualifies may be granted.
  2. Furthermore, pursuant to the processes and procedures of Sec. 13B.2.1. (Class 1 Conditional Use Permit), the Zoning Administrator shall have the authority to grant any other zoning incentives or exceptions from this Zoning Code (Chapter 1A) required to permit adaptive reuse projects proposed pursuant to this Section (Citywide Adaptive Reuse Program), including but not limited to the authority to permit dwelling units and household business: joint living & work quarters in adaptive reuse projects.
  3. Supplemental Findings.
    
    In addition to the findings in Sec. 13B.2.1. (Class 1 Conditional Use Permit), the Zoning Administrator shall also find that:
    1. The eligible building is no longer economically viable in its current use or uses. In making this finding, the Zoning Administrator shall consider the building’s past and current vacancy rate, existing and previous uses, and real estate market information. The Zoning Administrator may require the applicant to submit independently verified documentation.
    2. In approving a reduced parking incentive pursuant to Sec. 9.4.6.D.8. (Off-Street Automobile Parking), the Zoning Administrator shall find that the surrounding area will not be adversely affected by overflow parking or traffic congestion originating or terminating at the site of the adaptive reuse project.

Sec. 9.4.7. Public Nuisance Abatement Program

Purpose

The purpose of this Section (Public Nuisance Abatement Program) is to facilitate the removal of graffiti, posters/handbills and any other illegal postings, as well as trash, debris, rubbish, and weeds on public property in exchange for the temporary placement of signs at construction sites and vacant lots.
Eligibility

Construction sites and vacant lots are eligible for the placement of temporary signs, including off-site signs, on temporary construction walls, and/or solid wood fences, if the lot has an applied Residential-Mixed, Commercial-Mixed, Industrial-Mixed, or Industrial Use District and the project complies with the requirements of the public nuisance abatement program as outlined in this Section (Public Nuisance Abatement Program).
Program Requirements

Upon issuance of a building permit for a sign and installation of any signs on temporary construction walls, and/or solid wood or similar material fences surrounding vacant lots it shall be the sign company and property owner's responsibility to comply with the provisions of this Subsection (Program Requirements), and as established in Sec. 9.4.7.F.4. (Authorized Representative) it shall be the responsibility of the Department of Public Works — Office of Community Beautification (Office of Community Beautification) to enforce them.
1. Notification
  1. Within 10 days after the issuance of the building permit for a sign, provide written notification to the Office of Community Beautification and the Council District Office of the council district in which the construction site or vacant lot is located.
  2. The notification shall contain the name and address of the sign company or property owner and the property address where the signs will be placed.
  3. The notification to the Office of Community Beautification shall include a copy of the sign company's contract with the property owner to post signs at the specified location.
2. Reporting
  1. Report the amount, type, and location of clean-ups within the abatement radius to the Office of Community Beautification every 30 days for the duration of the building permit for the sign.
  2. Reporting shall be thorough and include before and after photo documentation, City of Los Angeles MyLA311 App request confirmation and/or other documentation stating date and time of clean up, as well as receipts for where materials were disposed.
3. Public Nuisance Abatement
  1. Clean and maintain free from graffiti, posters/handbills and any other illegal postings, as well as trash, debris, rubbish, and weeds from public property and public ways within the abatement radius. The removal of graffiti shall include, but not be limited to, spray paint on walls, poles, and fences on public property.
  2. Remove any posters/handbills on light poles, utility poles, bus stops, and any other illegal postings on public property.
  3. Patrol the abatement radius every 24 hours to search for and remove any graffiti within 24 hours of its discovery.
  4. Report, through the City of Los Angeles MyLA311 program, bulky items within the abatement radius around the permitted lot.
  5. Comply with the administrative policies and procedures set by the Office of Community Beautification.
4. Abatement Radius Calculation
  
  The abatement radius will be measured as a horizontal extension of the perimeter of the entire lot at a distance determined by the Office of Community Beautification.
  1. Initially, a 750-foot radius around the permitted lot, or
  2. A radius around the permitted lot expanded in 250-foot increments, up to a maximum of 1,500 feet per Sec. 9.4.7.E.3.d. (Review).
Incentives

Regardless of the provisions of Sec. 4C.11.2. (Temporary Signs), signs placed on temporary construction walls, and/or solid wood fences surrounding vacant lots shall comply with the following:
1. Placard
  
  Install an 18 inch x 24 inch placard in a conspicuous location on the wall or fence. The placard shall be made of a durable laminated paper, vinyl or other weather resistant material with contrasting black letters on white background at least one inch in height and display the following information:
  1. “This is an Official Notice of the City of Los Angeles and shall not be defaced.”
  2. Signs have been placed on this wall or fence pursuant to Chapter 1A of the Los Angeles Municipal Code Sec. 9.4.7. (Public Nuisance Abatement Program).
  3. Building permit number:___________ and expiration date:____________
  4. Phone number of the Department of Public Works’ Office of Community Beautification:_______________
  5. Name and phone number of the sign operator’s representative for public reporting of graffiti, posters/handbills and any other illegal postings, as well as trash, debris, rubbish, and weeds for removal within the required abatement radius:_____________________________________________
2. Individual Sign Area
  
  Individual signs shall not exceed a sign area of 250 square feet.
3. Grouped Sign Area
  
  Signs shall not be grouped to form a maximum sign area that exceeds 250 square feet.
4. Separation of Signs
  
  Individual signs or groups of signs having an area of 250 square feet shall be separated from any other sign on temporary construction walls and/or solid wood fences surrounding vacant lots by at least 10 feet measured horizontally.
5. Combined Area
  
  The combined sign area of temporary signs shall not exceed eight square feet for each linear foot of street frontage.
6. Maximum Height
  
  Signs may only be placed to a maximum height of eight feet and shall not extend above the top of the wall or fence.
7. Time Limits
  
  A building permit for a temporary sign is time limited by the following:
  1. Temporary Construction Wall
    1. A building permit for a temporary sign placed on a temporary construction wall shall remain valid for two years, or during the duration of the construction work, under a separate valid building permit, requiring a barrier, pursuant to Chapter IX. (Building Regulations), Sec. 91.3306. (Protection of Pedestrians) of this Code, whichever is less.
    2. The building permit for the temporary sign permitted pursuant to Subsection E. (Process) below shall be expired if: the construction work authorized by the separate building permit has not commenced by the 180th day following the permit issuance date, or by the 90th day when an operating business exists on a lot; or work has been suspended, discontinued or abandoned for a continuous period of 180 days, or for a continuous period of 90 days when an operating business exists on the lot.
    3. If the separate building permit is revoked or expired, the building permit for the temporary sign permitted pursuant to Subsection E. (Process) below, shall be expired.
    4. Subsequent building permits for a temporary sign at the same lot, issued in conjunction with the original separate construction permit, shall not be authorized.
  2. Fence Around a Vacant Lot
    1. A building permit for a temporary sign placed on a fence of solid wood or similar material surrounding a vacant lot shall remain valid for one year, or for as long as the lot remains vacant, whichever is less.
    2. Any subsequent building permits for temporary signs on a fence of solid wood or similar material surrounding a vacant lot shall be issued pursuant to Subsection E. (Process) below, not to exceed two additional permits, for a total of three years.
8. Sign Materials
  
  Regardless of the provisions of Sec. 4C.11.2.C.3.c. (Construction), temporary signs authorized by this Section (Public Nuisance Abatement Program) shall be made of paper, vinyl, or other similar material.
9. Operating Business
  
  When a business is operating on a construction site, temporary signs must also comply with the following:
  1. Display Location
    
    Temporary signs are limited to the portion of the temporary construction wall that is required pursuant to Chapter IX (Building Regulations), Sec. 91.3306. (Protection of Pedestrians) of this Code; and
  2. Wall Minimum
    
    A minimum 40 linear feet of required temporary construction wall, not exceeding the boundaries of the lot, may be installed and used for temporary signs; and
  3. Sign Maximum
    
    The total area of temporary signs on a lot authorized by this Section (Public Nuisance Abatement Program) shall not exceed a maximum of 250 square feet.
Process

The Department of Building and Safety shall issue a building permit for a temporary sign, pursuant to this Section (Public Nuisance Abatement Program), after verifying that the plans comply with all applicable LAMC provisions, all permit clearances have been approved and the following requirements have been met.
1. Initial Permit Application — Temporary Construction Wall
  1. Valid Building Permit
    
    There is a separate valid building permit issued by the Department of Building and Safety authorizing construction work on the lot(s).
  2. Required Wall
    
    At least a portion of the temporary construction wall is required pursuant to Chapter IX (Building Regulations), Sec. 91.3306. (Protection of Pedestrians) of this Code.
  3. Previous Permit
    
    A previous building permit for a temporary sign was not issued in conjunction with the same building permit referenced in Subparagraph a. (Valid Building Permit) above.
  4. Expiration and Revocation
    
    A previous building permit for a temporary sign on the lot was not expired or revoked within the preceding 12 months pursuant to Sec. 9.4.7.D.7.a. (Temporary Construction Wall) or Sec. 9.4.7.F.2. (Revocation).
  5. Operating Business
    
    When a business is operating on the lot, temporary signs must comply with Sec. 9.4.7.D.9. (Operating Business).
2. Initial Permit Application — Fence Surrounding a Vacant Lot
  1. Existing Use
    
    There are no buildings or uses of land on the lot.
  2. Expiration & Revocation
    
    A previous building permit for a temporary sign on the lot was not expired or revoked within the preceding 12 months pursuant to Sec. 9.4.7.D.7.a. (Temporary Construction Wall) or Sec. 9.4.7.F.2. (Revocation).
3. Subsequent Permit Application - Fence Surrounding a Vacant Lot
  
  If Department of Building and Safety records indicate that a building permit for a temporary sign on a fence of solid wood or similar material surrounding a vacant lot was previously issued on the lot, the following must be met.
  1. Use
    
    The sign complies with Sec. 9.4.7.E.2. (Initial Permit Application — Fence Surrounding a Vacant Lot) as applicable.
  2. Expiration & Revocation
    
    A previous building permit for a temporary sign on the lot was not expired or revoked within the preceding 12 months pursuant to Sec. 9.4.7.F.2. (Revocation).
  3. Previous Permit
    
    No more than one initial building permit for a temporary sign and one subsequent building permit for a temporary sign, for a total of two years, have been issued at the same lot.
  4. Review
    
    The Director of the Office of Community Beautification reviews and consents to the subsequent building permit in a written statement and determines an abatement radius pursuant to the following:
    1. Response for consent shall be provided within 10 days of written request and based solely on the assessment as to whether a public nuisance exists within the abatement radius.
    2. Investigation and determination of the existence of a public nuisance within the abatement radius may occur for the purpose of determining whether to consent to a subsequent permit or at any time after the issuance of a building permit for a sign under Sec. 9.4.7.E. (Process).
    3. Expansion of the abatement radius for the purpose of a subsequent building permit for a sign when a public nuisance cannot be found to exist within the initial abatement radius per Sec. 9.4.7.D.7.b. (Fence Around a Vacant Lot) and requiring the sign company or property owner to abate the public nuisance in the expanded abatement radius in accordance with Sec. 9.4.7.C.4. (Abatement Radius Calculation).
Permit Termination

Permits that become invalid or are terminated by the Department of Building and Safety are subject to the following provisions.
1. Expiration
  
  For all building permits for a sign which expired due to failure to meet the notification and reporting requirements pursuant to Sec. 9.4.7.C. (Program Requirements), above, the Department of Building and Safety shall issue a notification to the permit holder upon expiration of the permit, including information about the appeals process.
2. Revocation
  
  Any building permit for a sign issued pursuant to this Section may be revoked by the Department of Building and Safety for any of the following reasons. However, for all building permits for a sign revoked for the reasons stated specifically in Subparagraphs (c), (d), (e), (f) or (g) of this Paragraph (Revocation) a written and signed notification of the sign company or property owner's failure shall be sent to the Department of Building and Safety by the Director of the Office of Community Beautification prior to the revocation.
  1. Failure by the sign company or property owner to comply with the terms of the permit.
  2. Failure by the sign company or property owner to maintain the bond required in Chapter IX. (Building Regulations), Sec. 91.6201.2.2. (General Provisions) of this Code.
  3. Failure by the sign company or property owner to maintain the temporary construction wall and/or solid wood fences surrounding vacant lots free from graffiti.
  4. Failure by the sign company or property owner to eliminate graffiti within an abatement radius within 24 hours of receiving notification of the presence of graffiti from the Office of Community Beautification or the City Council district office of the district in which the construction site or vacant lot is located.
  5. Failure by the sign company or property owner to remove posters/handbills placed on light poles, utility poles, bus stops and any other illegal postings on public property within an abatement radius within 24 hours of receiving notification from the Office of Community Beautification or the City Council district office of the district in which the construction site or vacant lot is located.
  6. Failure by the sign company or property owner, at the time of graffiti removal, to report bulky items and/or remove trash, debris, rubbish and weeds from public property within the abatement radius established pursuant to Sec. 9.4.7.C.4. (Abatement Radius Calculation).
  7. The Office of Community Beautification sends three or more notifications of failure to comply with Subparagraphs (c), (d), (e), or (f) of this Subdivision to the sign company or property owner within a three-month period.
3. Removal of Signs
  1. The sign company or property owner must remove the temporary signs authorized by this Section (Public Nuisance Abatement Program) by the date the sign permit becomes invalid due to its time limit or no later than the permit expiration or revocation date.
  2. Any signs remaining on temporary construction walls, and/or solid wood or similar material fences surrounding vacant lots after the building permit has expired or is revoked are deemed to be a public nuisance that can be abated by utilizing the procedure contained in Chapter IX. (Building Regulations), Sec. 91.8904., et seq., (Special Provisions for Vacant Property Graffiti Removal) of this Code.
4. Authorized Representative
  
  The Office of Community Beautification is hereby designated the authorized representative of the City for the purpose of enforcing and implementing the provisions of Chapter IX. (Building Regulations), Sec. 91.89041.2., et seq., (Special Provisions for Vacant Property Graffiti Removal) of this Code for compelling the removal of a sign which is a public nuisance under Sec. 9.4.7.F.3.b. (Removal of Signs).

Div. 9.5. Accessory Dwelling Unit Incentive Program

See Chapter I. (General Provisions and Zoning), Sec. 12.22. A.33. (Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU)) of this Code for applicable accessory dwelling unit regulations.

Use Finder

Article 9. Public Benefit Systems

Div. 9.1. General Rules

Sec. 9.1.1. Purpose

Sec. 9.1.2. General Provisions

Summary

Eligibility

Div. 9.2. Citywide Housing Incentive Programs

Sec. 9.2.1. State Density Bonus Program

Intent

Applicability

Project Activities

Reconciling Provisions

Relationship to Other Incentive Programs

Relationship to Specific Plans, Supplemental Districts, and Special Zones

Relationship to Other Zoning Provisions

Relationship to Inclusionary Housing

Relationship to State Density Bonus Law

Program Rules

Eligibility

Unit Threshold

Maximum Allowable Residential Density

Affordability Levels

Calculating Affordability Requirements

Rent and Housing Cost Schedules and Covenants

Housing Replacement

Fair Housing Requirements

Historic Resources

Unit Habitability Requirements

Base Incentives

Density

Calculating a Density Bonus

Density Bonus up to 50%

Additional Density Bonus

Housing for Target Populations

Land Donation

Parking

Additional Incentives

Number of Incentives

Commercial Off-Site

Menu of Additional Incentives

Floor Area Ratio

Height

Setbacks

Average of Floor Area Ratio, Density, Parking and Lot Amenity Space

Supplementary Parking Reductions

By-Right Adjustment

Waivers

Public Benefits

Public Benefit Options

Childcare Facility

Multi-Bedroom Units

Surveyed Historic Resource Facade Rehabilitation

Projects with Requests for Density Bonuses in Excess of the Base Incentive

Administration

Procedures

Projects Requesting Base Incentives & Incentives from the Menu of Additional Incentives

Projects Requesting Incentives Not Listed on the Menu of Additional Incentives

Projects Requesting Waivers

Projects Providing Public Benefits

Projects with Requests for Density Bonuses in Excess of the Base Incentive

Other Discretionary Approvals

Standards for Review and Required Findings

Standards for Review for Additional Incentives

Required Findings for Waivers

Records and Agreements

Vesting

Sec. 9.2.2. Affordable Housing Incentive Program

Intent

Applicability

Project Activities

Reconciling Provisions

Relationship to Other Incentive Programs

Relationship to Specific Plans, Supplemental Districts, and Special Zones

Relationship to Other Zoning Provisions

General

Relationship to Inclusionary Housing

Relationship to Project Review Threshold Packages

Relationship to State Density Bonus Law

Program Rules