ORDINANCE NO. 1_7_1_2_2:._7_

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1 ' ORDINANCE NO. 1_7_1_2_2:._7_ An ordinance establishing interim regulations for the issuance of building permits for properties within the Westwood Community, West Los Angles District and Brentwood-Pacific Palisades District Plan Areas, generally bounded by the City of Beverly Hills on the east, Sunset Boulevard on the north, the City of Santa Monica on the west and the Santa Monica Freeway on the south. WHEREAS, The Westwood Community Plan, and the West Los Angeles and the Brentwood-Pacific Palisades District Plans, while attempting to balance land use and development with transportation facilities in the long term, cannot influence this balance in the short term; and WHEREAS, The revised Westwood Community Plan will result in a 50 percent reduction in development potential, relative to the 1972 plan and result in a new 20-year overall growth factor of 17.5 percent (.9 percent per year over the life of the community plan); and WHEREAS, the West Los Angeles District Plan, which was adopted in 1974, and the Brentwood-Pacific Palisades District Plan, which was adopted in 1977, are in need of a comprehensive review of their land use designations and transportation facilities; and WHEREAS, recent development of new multiple family structures and large scale commercial projects in the West Los Angeles District Plan Area, have increased parking and traffic circulation problems in the area; and WHEREAS, the Brentwood-Pacific Palisades District Plan does not provide sufficient circulation facilities to meet the projected transportation needs of the area at desirable levels of service and there is a need to facilitate circulation, relieve congestion and provide mobility for all citizens; and ' WHEREAS, The Westwood Community Plan revision is the first stage of a three-stage comprehensive planning and implementation effort, the second stage is to be this Interim Control Ordinance, and the final stage, is a revision of the West Los Angeles, and Brentwood-Pacific Palisades District Plans, and an adopted Transportation Specific Plan; and 1

2 . ''. / WHEREAS, the City is exploring alternative mechanisms to provide for improved traffic mobility and funding of improvements to the circulation system needed to mitigate the transportation impacts of additional development; and WHEREAS, other programs, including a funding mechanism, should be instituted to ensure that applicants for new land use projects mitigate the impacts of traffic generated by their projects and participate in the implementation of additional transportation improvements in the area; and WHEREAS, on January 26, 1988, the City Council adopted Ordinance No. 163,205 which established interim regulations for the issuance of building permits to permit review of the traffic impacts associated with development pending adoption of the Transportation Specific Plan for this area which expired on March 6, 1989; and WHEREAS, Ordinance No. 164,829 continued the provisions of Ordinance No. 163,205, and expired on June 12, 1990; and WHEREAS, Ordinance No. 165,925 continued the provisions of Ordinance No. 164,829, and expired on June 29, 1992; and WHEREAS, Ordinance No. 168,138 continued the provisions of Ordinance No. 165,925, and expired on August 13, 1993; and WHEREAS, Ordinance No. 169,035 continued the provisions of Ordinance No. 168,138 but expired on September 10, 1994 because extension of the Interim Control Ordinance could not be done in a timely manner; and WHEREAS, Ordinance No. 170,389, effective February 16, 1995, continued the provisions of Ordinance No. 169,035 and will expire on August 13, 1996; WHEREAS, the Department of Transportation has proceeded diligently with the preparation of a Transportation Specific Plan which would require project traffic impact mitigation and a payment of a trip fee to finance certain regional transportation improvements; and WHEREAS, despite due diligence of the City to assure that the proposed specific plan is expeditiously processed, additional time is required for the preparation and adoption of the Transportation Specific Plan; and 2

3 WHEREAS, this Interim Control Ordinance will provide the mechanism for review of land use projects for their traffic impacts and mitigation thereof during preparation of a Transportation Mitigation Plan; and WHEREAS, it is necessary to continue regulating the issuance of building permits until the Transportation Mitigation Plan has been effectuated; and WHEREAS, the continuation of this Interim Control Ordinance is necessary for the immediate protection of the health, safety and welfare; NOW THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. DEFINITIONS. The following words, whenever used in this Ordinance, shall be construed as defined in this Section. Words and phrases not defined herein shall be construed as defined in Section of the Los Angeles Municipal Code, if defined therein. A. Applicant: Any person, as defined in Los Angeles Municipal Code Section 11.01, submitting an application for a building permit for a Project who can guarantee to the satisfaction of the Department of Transportation that any provision of this Ordinance will be implemented by the Applicant or the assignees, lessees, or successors in interest of the Applicant. B. Gross Floor Area: The total square footage confined by the outside surface of the exterior walls of a building, as calculated by adding the total square footage of each of the floors therein, except for that square footage devoted to vehicle parking and necessary interior driveways and ramps thereto. C. Project: The construction of any building or structure, or the addition to, alteration, conversion, or change of use of any land, building or structure on a lot in the R, C, M, or P zones which requires the issuance of a building permit and which results in an increase in the number of Trips. For purposes of this Ordinance, the term Project shall not include work for which building permits are issued including, but not limited to, electrical, 3

4 plumbing, mechanical, facia, and sign permits, for existing buildings or structures which do not result in an increase in the and do not change the use of such buildings or structures. D. Significant Transportation Impact: The transportation impact, measured either as an increase in volume/capacity (V/C) ratio at an intersection or as the number of average daily vehicles on a local residential street, as determined by the Department of Transportation. 1. A transportation impact on an intersection shall be deemed "significant" in accordance with the following table and formula: Significant Transportation Impact Final V/C Projected-Related Increase in V/C equal to or greater than equal to or greater than 0.02 or greater equal to or greater than 0.01 Final V/C shall mean the V/C ratio at an intersection considering impacts with Project and without proposed Traffic Impact Mitigation. The Significant Transportation Impact shall be calculated considering: i. An estimate of net additional Projectrelated Trips (a.m. or p.m. peak hour) beyond that generated by the existing uses; ii. Ambient traffic growth as projected by the Department of Transportation to five years after issuance of a building permit for the Project or projected final occupancy of the Project, whichever is later; iii. Impacts of known related developments which have applied for a building permit or which have been submitted to the City for discretionary review and are projected for completion within five years of issuance of a building permit for the Project; and 4

5 .. iv. Any other transportation improvements committed and fully funded, under construction or "guaranteed to be constructed" by another development or a governmental entity within five years of issuance of a building permit for the Project; \ Any transportation improvement project completely funded either in the City's Capital Improvement Expenditure Program or in the annual element of the current Los Angeles County Transportation Improvement Program shall be considered to be "guaranteed to be constructed" for purposes of calculating Significant Transportation Impact. 2. A transportation impact on a local residential street shall be deemed significant if the average daily traffic (ADT) volumes are projected to exceed 1,000 vehicles per day and the change in traffic volumes due to Project-related traffic represents an increase of 12.5 percent or more of the daily traffic volumes. E. Traffic Assessment: A written determination prepared by the Department of Transportation as to the likely transportation impacts resulting from completion and occupancy of a Project considering (1) an estimate of net additional Project related Trips beyond that generated by the existing use; (2) geographic distribution of those Trips; (3) impact of traffic generated by known related projects which have applied for a building permit or which have been submitted to the City for discretionary review, projected to the year of completion of the Project; (4) ambient traffic growth as projected by the Department of Transportation to the year of completion of the Project; and (5) current levels of service at nearby intersections, as determined from a map annually updated by the Department of Transportation. The Traffic Assessment is to provide the applicant with a determination as to the need for a Traffic Mitigation Plan. F. Traffic ~tigation Fee: The fee an applicant may be required to pay pursuant to the terms of the Transportation Specific Plan, which shall be based on net additional trips generated by a project and the cost per single trip of identified comprehensive transportation improvements. 5

6 G. Traffic Mitigation Plan: A document submitted by the applicant indicating street improvements, transportation demand management (TDM) measures and appropriate monitoring mechanisms, and/or other transportation improvements necessary to mitigate transportation impacts of the Project to levels of insignificance. The traffic mitigation plan shall be prepared in accordance with guidelines prepared by the Department of Transportation and shall be accompanied by appropriate maps, graphics, and drawings to reflect clearly the impact of the Project and the ability of the proposed mitigation measures to reduce any significant transportation impact. H. Transportation Demand Management (TOM): An integrated program of transportation management measures for a project which are to be implemented by the applicant, including, but not limited to, rideshare incentives; methods to coordinate rideshare programs with other developments; staggered work schedules that shift trips outside the morning and evening peak periods; employee incentives that encourage carpool and vanpool usage; and parking policies. I. Transportation Specific Plan: An ordinance containing (1) an integrated program of transportation mitigation measures intended to improve the transportation conditions within portions of the City impacted by increased traffic within that designated area, such as, but not limited to, traffic signal systems improvements; Transportation Demand Management programs; parking management programs; street widening, dedications, and other major and minor highway improvements designed to increase capacity; public and private transit; and (2) provisions that require private sector financial participation in implementing such programs. J. Trip: An arrival at or a departure from a Project during the P.M. peak hour by a motor vehicle. Sec. 2. ORDINANCE AREA. The provisions of this Ordinance shall apply to the Westwood Community Plan, the West Los Angeles District Plan and portions of the Brentwood-Pacific Palisades District Plan areas, generally bounded by the City of Beverly Hills on the east, Sunset Boulevard on the north, the City of Santa Monica on the west and the Santa Monica Freeway on the south, but excluding the area covered by the Westwood Regional Center Interim Traffic Mitigation Ordinance (Ord. No. 159,725) as shown more particularly on the following map: 6

7 ... Westwood-West Loa Angeles Interim Control Ordinance Boundary (D Westw:lod Regional Center Interim Traffic Mitigation Ord. N:l. 159,725 -

8 Sec. 3. PROHIBITION. A. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, for a period of 180 days from the effective date of this Ordinance, or until a Transportation Specific Plan for the Westwood Community Plan, West Los Angeles and Brentwood-Pacific Palisades District Plan areas is adopted and becomes effective, whichever first occurs: No building permit shall be issued for any Project on any lot located in whole or in part within the area identified in Section 2 of this Ordinance. B. The prohibition specified in Subsection A above shall not apply to the following: 1. Any Project which has complied with the provisions of Section 4, 5 and 6 of this Ordinance. 2. Single-family dwellings, and multiple dwellings and apartment houses with a density of development corresponding to the R-2 zone or more restrictive. 3. Any Project for which a building permit is required (1) in order to comply with an order issued by the Department of Building and Safety to repair an unsafe building or substandard condition, or (2) in order to rebuild as a result of destruction by fire, earthquake or other natural disaster, with the exception of destruction by flood, provided that such project is not prohibited by any provision of the Los Angeles Municipal Code. 4. A building permit for any construction for an existing building which does not increase the height,, number of occupants, dwelling units, guest rooms, or diminish the required parking previously required for an existing building and which (a) does not change the use, or (b) changes the use but does not increase the number of trips generated beyond that generated by the current use. 5. A building permit for any Project which has received a hardship exemption pursuant to Ordinance Nos. 163,205, 164,829, 165,925, 168,138, 169,035, or 170,389. 8

9 Sec. 4. PARKING REGULATIONS. A. In addition to all other applicable requirements of the Los Angeles Municipal Code, if a Project located within the area shown on the map in Section 2 conforms with Sections 5 and 6 of this ordinance and the following parking regulations then the Department of Building and Safety shall have the authority to issue a building permit: 1. For office buildings and retail shops, 1 parking space is required per 300 square feet of floor space. 2. For restaurants, 10 spaces are required per 1,000 square feet of. 3. For hotels and motels, 1 space is required per guest room. 4. For medical and dental offices, 1 space is required per 125 square feet of. bed. 5. For hospitals, 2.5 spaces are required per 6. For theaters, 1 space is required for every three seats. 7. Notwithstanding the above, Projects located within the boundaries of the Westwood Village Specific Plan area shall conform to the parking requirements contained in that Plan. Sec. 5. REVIgw OF TRANSPORTATION IMPACTS. Prior to the issuance of a building permit for a Project located in whole or in part within the area identified in Section 2 of this Ordinance, the applicant shall do the following: A. Submit the Project description to the Department of Transportation for review regarding significant transportation impacts of the Project as outlined in Section 6 of this Ordinance. The submittal must be accompanied by the appropriate processing fee as follows: No. of Trips Filing Fees Projects with 42 or fewer trips $100 9

10 .. 0 Projects with 43 or more trips Traffic assessment fee Traffic Mitigation Plan review fee (only for Projects that have significant transportation impacts as determined in the traffic assessment) $500 $1780 B. Guarantee, to the satisfaction of the Department of Transportation, that the applicant will implement any transportation mitigation measures required by the Department of Transportation or the City Planning Commission or the City Council on appeal, pursuant to Section 6 of this Ordinance. C. Sign and record a covenant and agreement acknowledging that the Department of Transportation is formulating, and the City Council may adopt, a Transportation Specific Plan for the Westwood Community Plan, West Los Angeles District Plan and Brentwood-Pacific Palisades District Plan areas to which the Project may be subject and that the applicant covenants and agrees to implement the provisions as are described in the Transportation Specific Plan, including the payment of any traffic mitigation fees to the extend that the City Council, after notice and hearing, adopts such an ordinance. D. All covenants and agreements referred to herein shall be effective upon recordation, shall run with the land and shall be binding upon any future owners, successors, heirs or assigns of the Project applicant. Prior to accepting a covenant and agreement, the applicant shall demonstrate to the satisfaction of the Department of Transportation the ability to comply with all of the provisions of the covenant and agreement. Sec. 6. TRANSPORTATION MITIGATION MEASURES. All Projects shall comply with the appropriate criteria below: Trips: An Applicant for a Project which generates from 1 to 42 Trips shall make the applicable highway dedications and improvements as required pursuant to any other applicable law or as may be imposed as conditions of any discretionary action or more Trips: An Applicant for a Project which generates 43 or more Trips shall make the applicable highway 10

11 dedications and improvements as required pursuant to any other applicable law or as may be imposed as conditions of any discretionary action. The Department of Transportation shall provide a Traffic Assessment of the Project to the Applicant within 30 working days from the date the Applicant submits a description of the Project to the Department of Transportation for review. If the Traffic Assessment finds that there will be a significant transportation impact caused by the Project, the Applicant shall provide a Traffic Mitigation Plan prepared to the satisfaction of the Department of Transportation containing mitigation measures that the Applicant proposes to implement to reduce significant transportation impacts at intersections identified in the Traffic Assessment. The Department of Transportation, the City Planning Commission and the City Council on appeal shall have the authority to require that mitigation measures be undertaken to reduce the transportation impacts of a Project as a condition of issuing a building permit. Such mitigation measures may include but are not limited to the following: demand management measures such as ridesharing and vanpool programs, shuttle buses, staggered work hours; free employee parking; street widening and dedications, construction of off-site improvements; traffic signal system improvements; and other major and minor highway improvements designed to increase capacity. 3. Procedures. A. Appeal To City Planning Commission. 1. An applicant or any other person adversely affected by the proposed Development may appeal to the City Planning Commission any mitigation measures required by the Department of Transportation or the rejection by the Department of Transportation of any mitigation measure proposed by the applicant. Such appeal along with a filing fee of $500 shall be on a form as prescribed by the Department of City Planning. Such appeal shall be filed within a 15 day period following the date of mailing of a Letter of Determination by the General Manager of the Department of Transportation regarding mitigation of significant transportation impacts. Any appeal not filed within the 15 day period shall not be considered by the City Planning Commission. 11

12 . 2. Upon receipt of the appeal, the Secretary of the City Planning Commission shall set the matter for hearing. Notice of the time, place and purpose of the hearing shall be given to the applicant by mailing of a written notice not less than 10 days prior to the date of such hearing. The Departments of City Planning and Transportation shall prepare a report and recommendation to the City Planning Commission on the appeal. The City Planning Commission shall act on the appeal within 60 days following the filing of such appeal unless the applicant and the Commission agree to an extension of time. 3. The Commission shall not grant the appeal, in whole or in part unless it makes the following findings: a. The granting of the appeal will not prejudice the ability of the City of Los Angeles to adopt and implement a Transportation Specific Plan for the Westwood Community Plan, West Los Angeles and Brentwood-Pacific Palisades District Plan areas, and b. The proposed project will adequately mitigate its own transportation impacts, and as mitigated, will not adversely add to the cumulative transportation impacts of the area. B. Appeal to City Council. 1. An applicant or any other person adversely affected by the proposed Development may appeal to the City Council the decision of the City Planning Commission. Such appeal shall be on a form as prescribed by the Department of City Planning and shall be accompanied by the applicable filing fee. Such appeal shall be filed within a 15 day period following the date of mailing of the City Planning Commission action on the appeal. Any appeal not filed within the 15 day period shall not be considered by the City Council. 12

13 Upon receipt of the appeal, the City Clerk shall set the matter for hearing before the Council. Notice of the time, place and purpose of such hearing shall be given to the applicant by mailing of a written notice not less than ten days prior to the day of such hearing. The City Council shall act on the appeal within 60 days following the filing of such appeal unless the applicant and the Council agree to an extension of time. 3. The Council shall not grant the appeal, in whole or in part, unless it makes the following findings: a. Granting of the appeal will not prejudice the ability of the City of Los Angeles to adopt and implement a Specific Plan for the Westwood Community Plan, West Los Angeles and Brentwood Pacific Palisades District Plan areas; and b. The proposed project will adequately mitigate its own transportation impacts, and as mitigated will not adversely add to the cumulative transportation impacts of the area. Sec. 7. TRIP TABLE. In using this table, the square footage determinations will be made pursuant to the definition of Gross Floor Area. Where a Project has more than one use, the Trips per PM peak hour are to be calculated by adding together the Trips generated by each use. For each use not listed below, trips per PM peak hour shall be as calculated by the Department of Transportation. Land Use Apartment Uses: PM Peak Trips Per Hour 0.7 per dwelling unit Automobile Uses: Car Wash Gas Station Repair/Service 110 per car wash 3.6 per vehicle position at fuel pump 6.0 per service stall 13

14 . Car rental/used car sales New car sales 1.0 per 1,000 sq. ft. of lot size 4.6 per 1,000 sq. ft. of floor area Banking Uses: Walk-In Bank With Drive-Through Savings & Loan With Drive-Through Entertainment Theater: 16.7 per 1,000 sq. ft. of gross 25.3 per 1,000 sq. ft. of gross 5.3 per 1,000 sq. ft. of gross 6.8 per 1,000 sq. ft. of gross 0.15 per seat Hospitals: General Convalescent 1. 2 per bed 0.2 per bed Industrial: Industrial Park Manufacturing Warehousing Storage Science Research and Development 1.0 per 1,000 sq. ft. of gross 0.8 per 1,000 sq. ft. of gross 1.6 per 1,000 sq. ft. of gross 0.3 per 1,000 sq. ft. of gross 0.9 per 1,000 sq. ft. of gross 14

15 . Lodging: Hotel, Motel or Apartment Hotel 0.7 per guest room or dwelling unit Office: Commercial Office Under 100,000 sq. ft. of Commercial Office 100,000 sq. ft. of and over Government Office Medical Office Parking Lot or Parking Structure 2.8 per 1,000 sq. ft. of gross 2.0 per 1,000 sq. ft. of gross 2.9 per 1,000 sq. ft. of gross 3.9 per 1,000 sq. ft. of gross 0.0 trips Retail Uses: Furniture Store Supermarket Convenience Market 0.4 per 1,000 sq. ft. of gross 8.8 per 1,000 sq. ft. of gross 46.7 per 1,000 sq. ft. of gross Specialty Retail Center/ 5.0 per 1,000 sq. ft. Other Retail Establishments of gross Restaurants: Low turnover (a quality restaurant that does not serve breakfast and with turnover rates of one hour or longer) 6.1 per 1,000 sq. ft. of gross 15

16 .. High turnover (a moderately priced restaurant that may serve breakfast and with turnover rates of less than one hour) Fast food (a restaurant immediately adjacent to an automobile parking area, where patrons are served at a counter or a drive through) Child Care/Nursery Health Club 10.5 per 1,000 sq. ft. of gross 31.6 per 1,000 sq. ft. of gross 12.3 per 1,000 sq. ft. of gross 3.6 per 1,000 sq. ft. of gross Shopping Center (A group of architecturally-combined commercial establishments built on a site which is planned, developed and managed as a unit.) Shopping Center: less than 30,000 sq. ft per 1,000 sq. ft. of gross Shopping Center: 30,000 sq. ft. or more. The trips per p.m. peak hour shall be determined by the following formula: (-0.001A ) per 1,000 sq. ft. of gross A. Where A gross 1,000 sq, ft. Notwithstanding the above table, for Projects within the boundaries of the Westwood Village Specific Plan area the following rates shall be used to calculate the Trips generated by retail or restaurant uses: 16

17 per 1,000 sq. ft. of gross Sec. B. EXEMPTION. The City Council, acting in its legislative capacity and by resolution, may grant exemptions from any or all of the provisions of this Ordinance in cases of extreme hardship duly established to the satisfaction of the City Council. Application for exemption along with the fees noted in Section 5 shall be filed with the Department of Transportation on forms supplied by the Department. The Department of Transportation shall forward completed applications for exemption together with its report and that of the City Planning Department on the matter to the City Council within 15 days of receipt of the completed application for exemption. Sec. 9. URGENCY CLAUSE. The City Council finds and declares that this ordinance is required for the immediate protection of the public peace, health and safety, for the following reasons: Proposed commercial development would create potentially irreversible adverse impacts resulting in increased traffic and parking congestion, poorly planned site ingress and egress, commercial intensification imposing on surrounding residential land uses, and could inhibit the Westwood, West Los Angeles, Brentwood-Pacific Palisades District Plans' objective to make provision for a circulation system coordinated with land uses and densities adequate to accommodate necessary movements and create other problems to the detriment of the public health and safety. Therefore, this Ordinance shall become effective upon publication pursuant to Section 281 of the Los Angeles City Charter. (26693) 17

18 Sec. 10. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Angeles, by a vote of ~~t le~ju[~~ ~e-fourths of all of its members, at its meeting ELIAS MARTINEZ, City Clerk Approved! AUG Deputy 8'1--Mayor Approved as to Form and Legality Attorney By D R POINDEXTER City Attorney File No. C.F Pursuant to Sec of the City Charter, approval.of this ordinance recommended for the Citv Plann;ng Commissio,. JUL ,.