LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT

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1 LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT CITY PLANNING COMMISSION DATE: March 31, 2005 TIME: After 8:30 a.m. PLACE: Room 1010 City Hall 200 North Spring St. Los Angeles, CA CASE NO: CEQA: ENV CE LOCATION: Central City COUNCIL DISTRICTS: 9 and 14 PLAN AREA: Central City PUBLIC HEARING REQUIRED REQUEST:. SUMMARY: To bring development standards for residential development in the planned residential and commercial areas of the Central City Area into conformance with those consistent with the area s urban character and to create incentives for the production of housing in that area. The proposed ordinance updates standards for residential development to be consistent with those appropriate to a high density urban area and provides incentives for the production of housing in the residential and commercially planned areas in the Redevelopment Project Areas in the Central City Community Plan Area by: (1) eliminating the lot area (density) requirements in the R4, RAS4, R5, CR, C2, C4, and C5 Zones; (2) specifying that the Buildable Area for residential lots be the same as the lot area, exclusive of the public dedications; (3) eliminating the required setbacks for residential buildings on streets and alleys; and (4) eliminating the distinction between private and common open space required for multiple residential buildings. Table of Contents Page Summary 2 Recommendations 3 Findings 3 Staff Report 6 Appendix A (Proposed Ordinance) Attached ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, 200 North Spring Street, Room 532, Los Angeles, CA (Phone No ). While all written communications are given to the Commission for consideration, the initial packets are sent to the week prior to the Commission s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to it s programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213)

2 SUMMARY The Central City of Los Angeles is unique in character, distinctly urban in nature and comparable to many other world class cities. However, the development standards applicable to residential development remain oriented to a more suburban City rather than to the urban area that it is. The City of Los Angeles is also experiencing a housing shortage crisis. The policy of the City of Los Angeles as set forth by the Mayor and City Council is to promote the production housing in the City. The General Plan, including the Central City Community Plan, contains goals to promote the production of housing in the Central City Area. The Central City; because it is the major focus of transportation services and jobs for the Los Angeles region, because it is decidedly urban in scale, and because of its relatively isolated location from single-family neighborhoods, is particularly suitable for high density residential development. However, existing zoning regulations that are applicable to the City as a whole are designed for densities and development standards of a more suburban city even in the higher density zones. Understanding these facts, the Director of Planning is initiating amendments to the zoning code that will both recognize the unique nature of downtown and incentivize the production of new housing units in the Central City. This ordinance introduces development standards that are typical and appropriate for this downtown area. The proposed ordinance contains four changes to the code applicable only in the residential and commercially planned areas in the Redevelopment Project Areas of the Central City Area. The first proposal is the elimination of the lot area provisions of the R4, RAS4, and R5 zones (and by virtue of the lesser inclusive provisions of the Code, the CR, C2, C4, C5 and CR Zones). Lot area is a method by which the density of development is controlled in the City s zoning regulations. For instance in the R5 zone the zoning regulations specify that for every 200 square feet of lot area one dwelling unit is allowed. This control would be eliminated by the proposal. The remaining control on intensity of development is the Floor Area Ratio regulation (FAR). For example, if a lot is limited to a 6 to 1 FAR then the maximum total floor area is six times the Buildable Area of the lot. The effect of this change would be to limit the size of buildings in these zones to a proscribed building envelope, regardless of the number of units. This would increase the number of dwelling units allowed on each site. Bulk regulations are a common means of controlling the intensity of development in downtown areas of other large metropolitan areas across the nation and are suitable here to ensure development consistent in size with that of other buildings in the area. Second, the definition of Buildable Area as it applies to the Central City Area is revised to make it consistent with the definition of lot area. The effect of this change would be that buildable area would be calculated before deducting required dedications of land for public streets, alleys and other public uses. This would increase the Buildable Area on a site and hence the total floor area allowed for a residential project. Consistent with this, Section C of the LAMC is amended so it is clear (for the Central City Area) that the lot area before these dedications are removed is used to calculate the total floor area permitted in a division of land or air space. 2

3 Third, this ordinance eliminates all residential setbacks and yards other than those required in the Building Code in the R4, RAS4, C2, C4 and C5 zones. The Zoning Code currently requires residential buildings to be set back from an adjoining street (streets include the required side walk) or alley. In high-density urban areas these setbacks do not make sense where typically both commercial and residential buildings are constructed up to City sidewalks or lot lines. This would also have the impact of allowing more space for needed off-street parking spaces included in buildings that would otherwise have to be set back along with the remainder of the building. It should be noted that commercial buildings do not have to be set back from streets or alleys. In the downtown, commercial and residential buildings may be located side by side and this provision would maintain this already established pattern. Fourth, the ordinance eliminates the distinction between private and common open space for residential buildings in the Central City area. Existing requirements contain very specific regulations relating to how much and the nature of the open space of each type be provided in a residential building. These tight constraints make it difficult, if not impossible (without obtaining relief from these requirements) to build residential buildings in the downtown. The CRA and the Planning Department are also looking at further modification of these requirements taken in context of the urban setting and the amenities available in the downtown, but since that process will take some time, the Department is only pursuing this interim step at this time. RECOMMENDATIONS: 1. Adopt this report as its report on this subject. 2. Adopt the following Findings. 3. Approve the attached ordinance (Appendix A). 4. Recommend that the City Council adopt the attached ordinance (Appendix A) and findings. FINDINGS 1. In accordance with Charter Section 556, the proposed ordinance (Appendix A) is in substantial conformance with the purposes, intent and provisions of the General Plan because the proposal is consistent with and implements policies contained in portions of the General Plan including the General Plan Framework Element and the Central City Community Plan. Specifically the General Plan Framework states the following: Framework Element policies address providing additional capacity for new housing units, encouraging production of housing for households of all income levels, while at the same time preserving existing residential neighborhood stability and promoting livable neighborhoods by the 3

4 following measures: (1) concentrating opportunities for new multi-family residential, retail commercial, and office development in the City's neighborhood districts, community, regional, and downtown centers as well as along primary transit corridors/boulevards; (2) providing development opportunities along boulevards that are located near existing or planned major transit facilities and are characterized by lowintensity or marginally viable commercial uses with structures that integrate commercial, housing, and/or public service uses; (3) focusing mixed commercial/residential uses around urban transit stations, while protecting and preserving surrounding low-density neighborhoods from the encroachment of incompatible land uses. The proposed ordinance implements the above-noted policies by incentivizing the production of multiple family mid and high rise housing projects in the Central City Community Plan area, a downtown area, along the many major thoroughfares in the Central City area, near public mass transit facilities and transportation corridors. The Housing Element also addresses the housing supply issue. Goal 1 of the Housing Element of the General Plan states: A City where housing production and preservation result in an adequate supply of ownership and rental housing affordable to people of all income levels, races, ages, and suitable for all needs. Further, the Central City Community Plan states: To promote development of residential units in South Park. Maintain zoning standards that clearly promote housing Encourage housing for all income levels in Little Tokyo. To increase the range of housing choices available to Downtown employees and residents. To foster residential development which can accommodate a full range of incomes. By modifying the standards for multiple-family development to encourage the development of more housing consistent with the urban character of the downtown area, the provisions of this ordinance are reasonable steps directed at implementing these policies. 2. In accordance with Charter Section 558 (b) (2), the subject ordinance is directly related to the General Plan, specific plans or other plans being prepared by the Planning Department inasmuch as the policies cited above directly implement 4

5 the policies of the Community Plan and Framework Element, both parts of the City s General Plan for the reasons stated above. 3. In accordance with Charter Section 558 (b) (2), the proposed ordinance (Appendix A) is in substantial conformance with the public necessity, convenience, general welfare and good zoning practice in that the proposals amend portions of the Municipal Code that control development in the Central City in conformance with the urban character of the downtown and adjacent to the transportation facilities that are able to support this development. Further, the production of substantial amounts of new housing in the downtown will serve to reduce the lopsided jobs housing balance, where currently the area has 16.7 jobs for every housing unit. A significant number of new residents living and working in the downtown area should reduce some of the traffic congestion plaguing the downtown area. 4. The ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) and City guidelines for the implementation thereof pursuant to Article II, Section 2, Subsection (m) of the Los Angeles City CEQA Guidelines, as it will not have a negative impact on the environment. CON HOWE Director of Planning FRANKLIN P. EBERHARD Deputy Director of Planning JANE BLUMENFELD Principal City Planner 5

6 STAFF REPORT BACKGROUND Residential development standards in downtown Los Angeles need to be updated to be consistent with the urban character of the Central City. Further, the City of Los Angeles is facing a housing crisis, with insufficient housing units available to accommodate the demand or need for housing and rent and sale prices at all time highs. These are widely acknowledged facts. In response to this, the Mayor and Council have declared that encouraging and facilitating the production of housing is a high priority for city departments. The Planning Department has proposed and the Council and Mayor have already enacted a number of changes to the City s zoning regulations to promote the production of new housing, such as the new RAS zones to encourage mixed use development, the small lot subdivision ordinance to foster home ownership, the adaptive reuse ordinance to permit the conversion of abandoned commercial buildings into housing, and others. The proposals contained in this and subsequent documents continue to selectively amend the Code to further facilitate and incentivize the production of more housing and enact development standards for new housing consistent with the urban fabric of the downtown. Central City The Central City Area of Los Angeles is unique in the Los Angeles region. It is the most urban area of the City and the region, typical of a major downtown in many large cities in the world. It has a large number of high and medium rise commercial buildings, however, it is only now emerging as a place where people live. In the 2000 Census, the area had only 13,255 housing units, the vast majority of which are multiple-family housing units. The Downtown is uniquely served by transportation services. The Central City Community Plan describes the system as follows: Central City is bordered by a "freeway ring" formed by the Harbor Freeway (Interstate 110) to the west, the Hollywood Freeway (US 101) to the north, the Santa Ana Freeway (Interstate 5) to the east, and the Santa Monica Freeway (Interstate 10) to the south. In addition to the freeway ring, five other freeway corridors provide regional access to the downtown area: the Golden State Freeway (Interstate 5), the Glendale Freeway (State Route 2), the Pasadena Freeway (State Route 110), the San Bernardino Freeway (Interstate 10) and the Pomona Freeway (State Route 60) The area is also the part of the region best served by public transportation. It is described in the Community Plan as follows: 6

7 Central City is the hub of the public transportation systems in Southern California. The Los Angeles County Metropolitan Transit Authority (MTA), the largest of the public transit bus systems, operates an extensive system of bus lines to and from downtown Los Angeles to other areas of Southern California. Other major public transit agencies that offer bus service include Orange County Transit, Foothill Transit, and Santa Monica Municipal Transit. In addition to buses, the MTA operates the Red Line subway from Union Station through Central City to the neighboring communities of Westlake, Mid-Wilshire, Hollywood and eventually terminating in North Hollywood. The MTA also operates the Blue Line light rail trains between Los Angeles and Long Beach and the intercepting Green Line between El Segundo and Norwalk, with stops in many communities in between. Metrolink operates several rail trains from northern Los Angeles County, Orange County, and Riverside County into downtown Los Angeles at Union Station. In addition to the Red, Blue and Green rail lines described above the Gold Line has been constructed connecting downtown Los Angeles to Pasadena and Sierra Madre. This line will soon be extended into East Los Angeles and Boyle Heights and talks are under way about extending it further east from Pasadena and Sierra Madre. The Central City is an area where the market is providing a significant new influx of housing units. The Downtown News, in its September, 2004 inventory of projects reports that, within the Central City Area alone, some 7550 units were either under construction, permitted or being planned. Adaptive reuse of existing mostly vacant commercial buildings for residential purposes has been particularly successful in the Central City area and surrounding areas. This and the advent of the Staples Center, Disney Hall and other major cultural amenities have sparked a renaissance in downtown by introducing a significant twenty-four hour population. Building on the success of the many adaptive re-use projects and a number of other factors, developers have indicated a strong interest in building new residential buildings in the downtown. Indeed, at least one project has proceeded to secure approvals and break ground for a large new residential complex in the South Park area. A number of other developers have indicated interest in doing the same. However all have indicated that there are significant barriers in the zoning regulations that make it difficult to develop new residential structures. For example, one project that has proceeded needed a significant number of variances from the City s zoning regulations in order to progress. This and similar situations along with representations from various development interests either currently developing residential projects or contemplating such development have prompted a review of zoning regulations to see what could and ought to be done to update downtown residential development standards and facilitate the construction of new housing in the Central City. General Plan The fundamental basis of the City s General Plan is to promote housing in the City s centers and along its transit corridors. This policy serves the region by locating 7

8 residents in close proximity to services and in areas best served by needed infrastructure. It also leverages the investment made in the City s infrastructure, such as streets, sewers, lights, utilities, etc. The Framework Element of the General Plan contains a number of policies related to this effort. Framework Element policies address providing additional capacity for new housing units, encouraging production of housing for households of all income levels, while at the same time preserving existing residential neighborhood stability and promoting livable neighborhoods by the following measures: (1) concentrating opportunities for new multi-family residential, retail commercial, and office development in the City's neighborhood districts, community, regional, and downtown centers as well as along primary transit corridors/boulevards; (2) providing development opportunities along boulevards that are located near existing or planned major transit facilities and are characterized by low-intensity or marginally viable commercial uses with structures that integrate commercial, housing, and/or public service uses; (3) focusing mixed commercial/residential uses around urban transit stations, while protecting and preserving surrounding low-density neighborhoods from the encroachment of incompatible land uses. In addition, the Land Use Chapter of the Framework addresses housing issues as follows: The policies of the Land Use Chapter provide adequate amounts of residential land use and density to accommodate the projected need for housing to beyond the year 2010, both citywide and by community plan area, and additionally provide substantial opportunity for new housing to be developed as a part of mixed-use development on land designated for commercial uses. Increasing the availability of land suitable for residential development through measures such as streamlining and minimizing the review process to encourage the location of new multi-family development along commercial corridors and in mixed-use developments in designated targeted growth areas provides an opportunity to build housing with appropriate amenities at less cost. The Housing Element also addresses the housing supply issue. Goal 1 of the Housing Element of the General Plan states: A City where housing production and preservation result in an adequate supply of ownership and rental housing affordable to people of all income levels, races, ages, and suitable for all needs. A policy in support of the goal is: Facilitate housing production consistent with zoning by streamlining and, where possible, provide assistance to developers and existing case managers in the Planning Department. 8

9 The Housing Element, adopted in December of 2001, states that the City needs to provide an additional 60,280 housing units between 1998 and Currently available building permit data indicates that, although the City has produced a significant portion of these units (43,744 new units through 2004), it is unlikely that this goal will be met. It should also be recognized that the 60,280 units is a number that addresses the amount of housing units that the City needs to adequately accommodate expected population growth during that period and does not address the needs that already existed. To be even more specific to the area where these code amendments are directed, the Community Plan for the Central City contains the following objectives and policies: Objective 1-1 To promote development of residential units in South Park. Policies Maintain zoning standards that clearly promote housing and limit ancillary commercial to that which meets the needs of neighborhood residents or is compatible with residential uses. Program: The Central City Community Plan designates much of South Park and Bunker Hill as High Density Residential with corresponding residential zoning. Program: Designate the Land Use for South Park for residential in all future redevelopment plans. Program: Implement the Los Angeles Sports and Entertainment District Specific Plan. Program: Implement new housing ordinances and policies as appropriate that encourage multiple family residential development and promote transit-oriented, mixedincome and mixed-use neighborhoods downtown, including the proposed Residential/Accessory Services Zone and the ordinances that would eliminate the habitable room requirements in calculating density. Objective 1-2 To increase the range of housing choices available to Downtown employees and residents. Policies Promote the development of neighborhood work/live housing. Program: Utilize all available funds to expand housing choices including the rehabilitation of historic buildings into live/work units. Program: The Adaptive Reuse Ordinance for Central City permits residential and commercial uses in older buildings. Objective 1-3 To foster residential development which can accommodate a full range of incomes. Policies1-3.1 Encourage a cluster neighborhood design comprised of housing and services. Objective 1-6 to support additions to the housing stock in Little Tokyo. Policies Encourage housing for all income levels in Little Tokyo. It is important to note that the Central City area has the most lopsided jobs to housing ratio in the City and in the region, with 16.7 jobs for each housing unit. This means that 9

10 most of the persons working in the Central City must travel from some other location to get to their jobs. This imbalance has significant negative traffic and environmental impacts for the downtown as well as the entire region. The production of significant amounts of housing in the Central City is one of the ways to address this problem. Zoning Regulations A significant factor that has facilitated production of new housing in the Central City is the City s adoption of an adaptive reuse ordinance that has allowed the conversion of existing underutilized commercial buildings into residential units. The City s zoning regulations have for a long time allowed residential uses in commercial zones and buildings. However, the City s laws applied standards applicable to new residential buildings both in the zoning regulations and the building codes for existing buildings that made conversion of these buildings into residential uses financially infeasible. In the zoning regulations, the density and parking standards were significant barriers to converting these older buildings for residential purposes. In 2001, the City adopted the aforementioned Adaptive Reuse Ordinance (L.A.M.C. Section A 26) that waived provisions of the Code relating to existing commercial buildings converted to residential uses in the Central City Area. Specifically, the lot area provisions (density) are waived, off-street parking rules require only those spaces already existing on a site, projects are exempted from the site plan review requirements of the Code, and, loft spaces in joint live-work quarters and guest rooms that do not exceed 33 percent of the floor area in a mezzanine are not counted as floor area. These new rules, plus adjustments in the Building Code regulations made by the Department of Building and Safety, made the reuse of these under utilized structures possible. Consequently, about 3500 (through 2003) new adaptive reuse units have been constructed, almost all of them in the Central City. These provisions have subsequently been expanded to other areas of the City. The adaptive reuse phenomenon along with the Staples Center, Disney Hall and other social and cultural amenities that have recently been introduced in the downtown have prompted a welcome interest by development companies in the building of new multifamily residential structures in the area. In fact, proposals have proceeded and are underway to do precisely that. However, a number of barriers in the zoning regulations have proved to be problematic. Staff believes that these barriers are not appropriate to the downtown urban setting. One example is a project that has now broken ground at 1111 South Grand and 1100 South Hope Streets. This two-phased development is constructing 417 new live-work units in two buildings, one 13 stories high and the other 17 stories high. In order for this project to proceed, a significant number of variances from the City s zoning regulations were needed. Variances involving the permitted number of units, calculation of the total floor area, determining the Buildable Area, parking requirements and setbacks were requested and granted as well as a few other minor matters. The variance and tract map were filed beginning in November and December of 2003 and a decision was issued in July of Although this was done on an expedited basis, it took 7 months to process (in this instance there were no appeals). If appeals had been filed, then both 10

11 the City Planning Commission and possibly the City Council would have had to act on the appeals. At a minimum, this would have taken an additional several months and probably more time to finalize the matter. Expedited cases for tract maps now take about three months to process. Had the zone variances required for this project not been necessary and only the tract acted on, the processing time would easily have been cut in half. Representatives from the development community have indicated that if the City desires to promote the development of new housing in the downtown, then removal of the barriers in the zoning regulations to the extent possible would be a strong incentive to prompt new residential development in the Central City Area. Consequently, the City Planning Department has reviewed existing regulations and determined that certain ones are not necessary or appropriate to the downtown and, as a result, initiated this effort to change them. Areas of the Central City are distinct with regard to the nature of development and the planned land use and zoning. Commercial zones allow residential development by right. In the Central City, a special code section permits commercial development in the R4 and R5 Zones. The industrial zones allow commercial uses but not residential uses, except for caretakers and by conditional use permit for live-work units for artists and artisans. DISCUSSION The Planning Director is initiating a series of amendments to the zoning regulations to promote the development of both market rate and affordable housing in the Central City Community Plan Area. This set of four proposals involves the area regulations of the Los Angeles Municipal Code for the Redevelopment Project Areas of the Central City Community Plan Area only. The proposals are as follows: Elimination of the lot area requirements in the R4, RAS4 and R5 Zone in the Central City Community Plan area. The lot area code provisions establish the allowable number of units allowed on a lot. Without a lot area requirement, the size of buildings would be regulated by the Floor Area Ratio established for a given parcel (6:1 in most of the Central City). Eliminating the lot area requirement in these residential zones would also remove these provisions in the commercial zones in the Central City because those zones incorporate the requirements of the R4 and R5 zones, however it does not include the CM zone, which permits only an R3 density residential density. By way of illustration, currently in the R5-2 zone, one dwelling unit is allowed for every 200 square feet of lot area and the building cannot exceed a floor area ratio of 6:1 (six times the buildable area of the lot). Thus on a hypothetical 10,000 square foot lot, a building of 60,000 square feet could be constructed with 50 dwelling units. Should this proposal be adopted, there would be no limit on the number of units, however, the size of the project would still be limited to 60,000 11

12 square feet. The number of units would be whatever could reasonably be constructed in the 60,000 square feet. Assuming an average unit to be 1,000 sq. ft., then approximately 60 units might reasonably be constructed in this hypothetical building. This incentive to produce additional housing where it is needed should assist significantly in the overall effort to add needed housing to the downtown. Making the lot area and Buildable Area synonymous. This proposal modifies the way Buildable Area is determined, by making it the same as the lot area (the total area between the lot lines). The definition is significant because the total floor area permitted in a building is based on a multiple of the buildable area, not the lot area. Currently, for residential buildings, required setbacks are deducted from the lot area to establish the buildable area, which is then multiplied by 6 (where the FAR is 6:1) to establish how big the building can be. For example, in the R5 zone the Code requires a 15-foot front yard, 5 foot side yards (with one additional foot for each story above 2 stories) and a rear yard of 15 feet. It is obvious that a considerable amount of square footage is eliminated from lot area in establishing the Buildable Area. This proposal restores the eliminated square footage in the calculation of the Buildable Area. Additionally, when street or alley dedications are required, the current practice is to deduct that land area from the Buildable Area if the project is a condominium, but not to deduct the land area if the project is an apartment. This proposal would make the calculation for all multi-family projects consistent with the apartment methodology. As an example of the effect of this change, one can look at a mid block 300 by 300 foot lot, with a FAR of 6:1. The lot area is 90,000 square feet (300 x 300), but the buildable area is 76,140 square feet after deducting the required setbacks from the lot area, a reduction of 15.4%. If the lot area is multiplied by 6, the building can be 540,000 square feet, but when the smaller number is multiplied by 6, the building can only be 456,840 square feet, a reduction of 83,160 square feet of floor area. Again assuming a 1000 sq. ft. average unit size, this could represent a reduction of 83 units. The square footage restored by this proposal is a significant incentive to produce additional housing. For consistency with the above, staff recommends amending the subdivision portion of the code to ensure one standard for calculating the total floor area in the downtown. Section C of the Code currently specifies that the total number of units allowed in subdividing land or air be calculated after the area required for streets and alleys has been deducted from the total lot area. Staff proposes this change in order to ensure that the total floor area (and by inference the number of units that can be constructed on the site) is calculated on the same basis as that used for apartments. Language exempting the Central City Area from the current requirement is contained in the ordinance. Elimination of required yards and building setbacks of residential buildings. As described above, the Code requires that residential buildings be set back from the property lines on all four sides. In an urban area, and typically in downtown 12

13 Los Angeles, buildings are constructed up to the street or alley. Current residential zones require these setbacks largely to maintain a more suburban environment, which is appropriate in many parts of the City. This proposal allows development of residential buildings consistent with the already established character of the Downtown community by allowing residential buildings to be constructed up to the lot lines. It should be noted, however, that the City s building code requires that adjoining residential buildings be set back from each other for fire safety reasons and is, therefore, not proposed to be changed here. One of the most significant effects of this incentive, given that Buildable Area and Lot Area are made the same, is that there will now be additional space for parking contained within a structure. Parking cannot extend into the required setback, so that the area inside a building, either above or below ground, that is considered to be the setback cannot contain parking spaces. By eliminating the setback requirement, more of the building already serving as a parking level can be used for parking spaces. Often the lack of parking both from code and market perspectives can make the difference in whether or not a project is built or in the number of units or commercial square footage constructed. (If the lot area/buildable area proposal above were approved, this proposal will have no additional impact in calculating the Buildable Area or total floor area permitted). Elimination of the distinction in the Code between private and common open space. Existing provisions of the Municipal Code require that multiple family buildings contain 100 square feet of open space for each unit of less than 3 habitable rooms, 125 square feet for each unit having 3 habitable rooms, and 175 square feet for each unit having more than 3 habitable rooms. It further requires that at least 50% of the open space be provided as common open space. This proposal maintains the open space square footage requirement, but eliminates the requirement that a portion of it be for common use in the R4, R5, C2, C4 and C5 zones downtown. This will give more flexibility to developers in providing the required open space. The code is also very specific as to what qualifies as open space. This and the other requirements relating to the provision of open space in the downtown need to be examined and modified to meet the unique environment of the downtown. Further study of what these modifications should be is needed. However, the Planning Department and the CRA agree that this proposal is a good first step in this process. These proposals apply only to the commercial and residential portions of the Central City. Industrial areas are specifically omitted since the future of these areas need to be studied and zoning proposals affecting them, if appropriate, will be formulated at that time. All of the above proposals need to be taken in the context of a number other initiatives being undertaken by the Planning Department and/or the CRA. Released for separate consideration but concurrently with this ordinance are the following: An ordinance making all residential projects in Redevelopment Project Areas within the Central City Community Plan Area subject to the City s Site 13

14 Plan Review regulations unless approved by the City Redevelopment Agency. This is to ensure that projects conform to streetscape guidelines developed for the Central City Area by the CRA. An ordinance establishing a floor area bonus to incentivize the production of affordable housing in the Central City Area. In addition to these ordinances, the Planning Department, the Community Redevelopment Agency and other City agencies are collaborating on additional proposals to accomplish the following: Creating a simplified transfer of floor area (TFAR) process for housing projects downtown, Reducing or modifying parking space requirements in the downtown parking exception area, Reducing or modifying the open space requirements for residential projects downtown and/or creating a fee in lieu of some or all of the open space requirement, and Developing guidelines for streetscape development in the Downtown. Taken together, this ordinance along with those described above, provides a comprehensive set of proposals that will update residential development standards for the Downtown and provide a significant set of incentives that will likely result in the production of more badly needed new housing in this area that would not otherwise occur. 14

15 ENVIRONMENTAL IMPACT The attached proposed ordinance is exempt from the requirements of the California Environment Quality Act (CEQA) pursuant to Article II, Section 2, Subsection (m) of the City of Los Angeles CEQA Guidelines in that all projects enabled by this ordinance with potential for environmental impacts will be subject to environmental review as set required pursuant to the City s Site Plan Review Regulations that were established among other goals to ensure that these projects would be subject to environmental review. Prepared by: Franklin P Eberhard Deputy Director of Planning Jane Blumenfeld Principal City Planner Approved by Con Howe Director of Planning 15

16 Appendix A PROPOSED ORDINANCE FOR DISCUSSION An ordinance amending Sections and of the Municipal Code to provide incentives for the production of new housing in the Central City Community Plan Area THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. In order to incentivize the production of new housing in the Central City, Subdivision 3 of Subsection C of Section of the Municipal Code is hereby amended to read: 3. Incentives to Produce Housing in the Central City Community Plan Area. Notwithstanding any other provision of this Chapter to the contrary, for lots in the R4, RAS4, R5, CR, C2, C4, and C5 zones in the Central City Community Plan Area, the following shall apply: a. The maximum number of dwelling units permitted shall not be limited by the Lot Area provisions of these regulations. b. For the purpose of calculating the Buildable Area for residential projects, the Buildable Area shall be the same as the Lot Area, calculated before required public dedications, yards and setbacks are subtracted from the Lot Area. c. Setbacks for residential buildings shall not be required adjacent to streets or alleys. d. Notwithstanding the provisions of Sub-subparagraph (iv), Subparagraph (1), Paragraph (a), Subdivision 2, Subsection G, Section of this Chapter, there shall be no prescribed percentage of the required open space that must be provided as common open space. However, the open space provided shall otherwise conform to those standards set forth in the subsection. Section 2. The third paragraph of Subsection C, Section of the Los Angeles Municipal Code is hereby amended to read: Each Tentative Map shall substantially conform to all other elements of the General Plan. In computing the number of dwelling units, only the area being designated for residential use and land that is being dedicated for public uses shall be considered, excepting, however, land set aside for street purposes, or land required to be dedicated for park and recreation purposes pursuant to Ordinance 141, 422. However, in the Central City Community Plan Area, the area used for computing the number of dwelling units or guest rooms shall be the lot area including any land to be set aside for street purposes. 16

17 Section 3. The City Clerk shall certify 17

18 ROSE ST OCEAN VIEW AV GRAND VIEW ST W PICO BLVD W 8TH ST S UNION AV S ALVARADO ST S WESTLAKE AV JAMES M WOOD BLVD S BURLINGTON AV BEACON AV W 12TH ST W OLYMPIC BLVD WILSHIRE BLVD ALBANY ST SHATTO ST W 11TH PL S LAKE ST S BONNIE BRAE ST W 12TH PL VALENCIA ST W MARYLAND ST BEACON AV LITTLE ST GRATTAN ST VALENCIA ST W 10TH PL GREEN AV CAMBRIA ST CONNECTICUT ST W 11TH PL W 5TH ST W 8TH ST W 4TH ST S BONNIE BRAE ST BLAINE ST S BURLINGTON AV COLUMBIA AV UNION PL LUCAS AV UNION DR S BIXEL ST BLAINE ST OVERTON ST MIRAMAR ST W 5TH ST INGRAHAM ST ALBANY ST VALENCIA ST MIRAMAR ST S UNION AV HARTFORD AV S UNION AV GARLAND AV GEORGIA ST S BIXEL ST WITMER ST GOLDEN AV OTTAWA CT W 4TH ST WITMER ST JAMES M WOOD BLVD GEORGIA ST W 2ND ST LOMA PL FRANCISCO ST W 8TH PL COTTAGE PL WITMER ST INGRAHAM ST BEVERLY BLVD W 2ND ST FRANCISCO ST W 8TH PL MIRAMAR ST W 10TH PL W 5TH ST S BIXEL ST LUCAS AV S BIXEL ST W 3RD ST MARYLAND ST W 5TH ST SAINT PAUL PL SAINT PAUL AV EMERALD DR MIRAMAR ST S BIXEL ST WITMER ST W 4TH ST DOUGLAS ST W 1ST ST S TOLUCA ST S BEAUDRY AV COLTON ST N TOLUCA ST HUNTLEY DR S BOYLSTON ST N EDGEWARE RD S BIXEL ST FRANCISCO ST S FREMONT AV LEBANON ST S FLOWER ST N BIXEL ST S BOYLSTON ST N BOYLSTON ST W 7TH ST COURT ST MIGNONETTE ST DIAMOND ST HOPE PL S OLIVE ST SAINT VINCENT CT ANGELINA ST N BEAUDRY AV DIAMOND ST W 4TH ST LINDLEY PL W TEMPLE ST N FREMONT AV W 3RD PL W 5TH ST W 2ND ST S OLIVE ST FRANK CT N HOPE ST W 2ND ST S SPRING ST HARLEM PL WERDIN PL N FIGUEROA ST BOSTON ST HARLEM PL FORT MOORE PL WERDIN PL N GRAND AV STEVENS PL N HILL PL N SPRING ST E 2ND ST BOYD ST W SUNSET BLVD ALISO ST N LOS ANGELES ST ONIZUKA ST BOYD ST TEED ST OMAR AV YALE ST CASTELAR ST E 4TH ST N MAIN ST E TEMPLE ST TOWNE AV ALPINE ST NEW HIGH ST ARCADIA ST E ALISO ST N CENTRAL AV N SPRING ST ORD ST LAUGHLIN CT N ALAMEDA ST TURNER ST BANNING ST W COLLEGE ST BRUNO ST N MAIN ST E COMMERCIAL ST DUCOMMUN ST S HEWITT ST E 2ND ST E 3RD ST S HEWITT ST E TEMPLE ST S GAREY ST ROSABELL ST N GAREY ST TRACTION AV S VIGNES ST TOBERMAN ST W 17TH ST PARK GROVE AV CHESTER PL W 29TH ST BONSALLO AV 30TH ST VALENCIA ST OAK ST VENICE BLVD W WASHINGTON BLVD ESTRELLA AV W 27TH ST W 31ST ST W 14TH ST W 28TH ST FIGUEROA WY S HOPE ST OAK ST S FIGUEROA ST W 23RD ST W ADAMS BLVD W 30TH ST PALM DR GEORGIA ST W 18TH ST S HOPE ST S OLIVE ST BOND ST W 21ST ST W 22ND ST CHERRY ST CHERRY ST W 17TH ST W 28TH ST S FLOWER ST W 25TH ST W 27TH ST 15TH DR W 22ND ST S HOPE ST FIGUEROA DR LEBANON ST S PEMBROKE LN S HOPE ST W 23RD ST W 24TH ST E 28TH ST W 18TH ST GILBERT LINDSAY DR W 21ST ST W 22ND ST S PEMBROKE LN VENICE BLVD E 27TH ST CAMERON LN 15TH ST E 25TH ST E 23RD ST E 24TH ST CATESBY LN E ADAMS BLVD PEMBROKE LN MARGO ST VENICE BLVD E 21ST ST SANTEE ST W 12TH ST W 14TH ST W 15TH ST W 17TH ST WALL ST E 17TH ST SANTEE ST E 22ND ST E 25TH ST W 11TH ST W 14TH PL SANTEE ST WALL ST E 23RD ST E 20TH ST E 24TH ST S OLIVE ST MIDWAY PL E 14TH ST E 21ST ST SAINT JOSEPHS PL TRINITY ST ADAIR ST E 15TH ST WALL ST ADAIR ST S SAN PEDRO ST TRINITY ST W 9TH ST BROADWAY PL WALL ST MYRTLE ST E 22ND ST MYRTLE ST STANFORD AV SAN JULIAN ST E 17TH ST E 20TH ST GRIFFITH AV WERDIN PL SAN JULIAN ST E 11TH ST E 15TH ST E 18TH ST E 21ST ST CECELIA ST SAN JULIAN ST E 9TH ST E 9TH PL E PICO BLVD 10 E 10TH ST E 16TH ST ESSEX ST WALNUT ST E 20TH ST PALOMA ST SAN JULIAN ST E 8TH ST STANFORD AV TOWNE AV E 10TH ST E 14TH PL ESSEX ST E 11TH ST E 16TH ST E 18TH ST AGATHA ST S NAOMI AV E 8TH ST GLADYS AV CERES AV GLADYS AV NEWTON ST PRODUCE CT CERES AV KOHLER ST MERCHANT ST HEMLOCK ST E 5TH ST STANFORD AV MERCHANT ST LINDEN ST BIRCH ST S NAOMI AV HOOPER AV COMPTON AV GLADYS AV CERES AV E 10TH ST KOHLER ST MARKET CT NEWTON ST CLOCK ST LONG BEACH AV E 16TH ST WILDE ST S CENTRAL AV TERMINAL ST MCGARRY ST MCGARRY ST S ALAMEDA ST SEATON ST HUNTER ST CHANNING ST CHANNING ST E 5TH ST COLYTON ST PALMETTO ST FACTORY PL E 6TH ST PRODUCE ST WHOLESALE ST INDUSTRIAL ST E 7TH PL LAWRENCE ST BAY ST LAWRENCE ST ELWOOD ST S HEWITT ST DECATUR ST SACRAMENTO ST WILSON ST MILL ST MOLINO ST WILSON ST E 11TH ST E 14TH ST Map A CPC CF Community Redevelopment Agency CRA Areas Data Sources: Department of City Planning, Bureau of Engineering, Community Redevelopment Agency Area Mapped NOT TO SCALE

19 LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT CITY PLANNING COMMISSION DATE: May 12, 2005 TIME: After 8:30 a.m. PLACE: Room 1010 City Hall 200 North Spring St. Los Angeles, CA PUBLIC HEARING REQUIRED CASE NO: CEQA: ENV CE LOCATION: An area bounded on the north by the10 Freeway, on both sides of the following streets: Figueroa St on the West, Martin Luther King Jr. Blvd on the South, and Central Ave on the east. COUNCIL DISTRICTS: 8 & 9 PLAN AREA: South and South East Community Plans REQUEST: To bring development standards for residential development in the planned residential and commercial areas of the above described areas into conformance with those being proposed for the Central City Community Plan.. SUMMARY: The proposed ordinance updates standards for residential development to be consistent with those being proposed for the Central City Community Plan and provides incentives for the production of housing all in the residential and commercially planned areas in the Redevelopment Project Areas generally in the area bounded on the north by the10 Freeway, on both sides of the following streets: Figueroa St on the West, Martin Luther King Jr. Blvd on the South, and Central Ave on the east by: (1) eliminating the lot area (density) requirements in the R4, RAS4, R5, CR, C2, C4, and C5 Zones; (2) specifying that the Buildable Area for residential lots be the same as the lot area, exclusive of the public dedications; (3) eliminating the required setbacks for residential buildings on streets and alleys; and (4) eliminating the distinction between private and common open space required for multiple residential buildings and (5) there is no more than one parking space required for every 20 dwelling units when those units are designated or set aside for housing households earning 30% or less of the Area Median Income. Table of Contents Page Summary 2 Recommendations 2 Findings 2 Staff Report 4 Environmental Clearance 5 Appendix A (Proposed Ordinance) Attached ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, 200 North Spring Street, Room 532, Los Angeles, CA (Phone No ). While all written communications are given to the Commission for consideration, the initial packets are sent to the week prior to the Commission s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to it s programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213)

20 SUMMARY The City Planning Commission; April 14, 2005; directed the staff to present an ordinance to them at their meeting of May 12, 2005 extending the proposed new standards for by-right residential development approved by them for the Central City Area to an area south of the 10 Freeway as far as Martin Luther King Blvd as described above. This report and ordinance are presented to the Commission as requested. RECOMMENDATIONS: 1. Adopt this report as its report on this subject. 2. Adopt the following Findings. 3. Approve the attached ordinance (Appendix A). 4. Recommend that the City Council adopt the attached ordinance (Appendix A) and findings. FINDINGS 1. In accordance with Charter Section 556, the proposed ordinance (Appendix A) is in substantial conformance with the purposes, intent and provisions of the General Plan because the proposal is consistent with and implements policies contained in portions of the General Plan including the General Plan Framework Element and the Central City Community Plan. Specifically the General Plan Framework states the following: Framework Element policies address providing additional capacity for new housing units, encouraging production of housing for households of all income levels, while at the same time preserving existing residential neighborhood stability and promoting livable neighborhoods by the following measures: (1) concentrating opportunities for new multi-family residential, retail commercial, and office development in the City s neighborhood districts, community, regional, and downtown centers as well as along primary transit corridors/boulevards; (2) providing development opportunities along boulevards that are located near existing or planned major transit facilities and are characterized by low-intensity or marginally viable commercial uses with structures that integrate commercial, housing, and/or public service uses; (3) focusing mixed commercial/residential uses around urban transit stations, while protecting and preserving surrounding low-density neighborhoods from the encroachment of incompatible land uses. The proposed ordinance implements the above-noted policies by incentivizing the production of multiple family mid and high rise housing projects in the Central City Community Plan area, a downtown area, along the many major thoroughfares in the Central City area, near public mass transit facilities and transportation corridors. The Housing Element also addresses the housing supply issue. Goal 1 of the Housing Element of the General Plan states: A City where housing production and preservation result in an adequate supply of ownership and rental housing affordable to people of all income levels, races, ages, and suitable for all needs. Further, the Community Plans include statements promoting more housing development: South East Community Plan 2

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