LACP - City App Submittal Process

   

   Welcome to Case Central

  City Application Submittal Process


 

Provide all information requested.  Missing, incomplete or inconsistent information will cause delays.
All terms on this form are applicable to the singular as well as the plural forms of such terms.  Detailed filing instructions can be found on form CP-7810

Welcome to Case Central.  The information provided below will help you determine how to engage with LA City Planning

Do you have any of the following Signed Referral forms? Choose all that apply.

PLEASE NOTE:

The project address entered is either within a Specific Plan Area or an Overlay zone which requires a signed Geographic Referral form be submitted before a DCP 7771 can be reviewed

 

Please click the link below and follow the instructions.

Download the Geographic Project Planning Referral form.

When completed come back to this page and check the box in the above field, that you have a signed off Geographic Referral Form. An Upload button will appear for you to then upload the signed Geographic Referral Form.

PLEASE NOTE:

The Density Bonus Land Use Strategy requires the submittal of an Affordable Housing Referral Form.

 

Please click the link below and follow the instructions for filling out the Affordable Housing Referral Form.

Download the Affordable Housing Referral Form - CP-4043 .

When completed come back to this page and check the box in the above field, that you have a signed off Affordable Housing Referral Form. An Upload button will appear for you to then upload the signed Affordable Housing Form.

PLEASE NOTE:

A Plan Approval requires the CP-2035 form along with the DCP 7771.

 

Please click the link below and follow the instructions.

Download the Plan Approval CP-2035 form.

When completed come back to this page and  upload the completed Form.

Executive Directive (ED-1)  - Expedited Processing of Affordable Housing and Shelters

This project address is eligible for ED 1 considerations. Would you like a planner determine if you meet the criteria?

AB 2097 - Parking Requirements

The project address entered is classified as an AB 2097 Zone, do you plan on utilizing AB 2097?

This project is subject to AB 2097 guidelines relating to parking requirements as described in Section 65585.

For more information please Download the Assembly Bill 2097.

 

Parking Minimum Checklist

The following checklist will determine if parking minimums can be imposed on a Project under AB 2097.

Parking minimums cannot be imposed if the proposed project meets any of the following criteria.

 

What type alcoholic beverage consumption will this be?
Will there be dancing?

LAMC 12.24 W.18 - CP 7773

18. The following entertainment uses in the zones specified:

  1. Dance Halls in the C2, C4, C5, CM, M1, M2 or M3 Zones.
  1. Hostess dance halls in the C2, C5, CM, M1, M2 or M3 Zones.
  1. Massage parlors or sexual encounter establishments as both terms are defined in Section 12.70 in the C2, C5, CM, M1, M2 or M3 Zones and which otherwise comply with all requirements of Section 12.70.
Is the establishment on a commercial corner?
Are the operating hours between 7am and 11pm?
What type of adjustment/modification will this be?
The following are the LAMC Codes related to this project type.

12.24 W.27   

    27.   Mini-Shopping Centers in the C, M1, M2, or M3 Zones and Commercial Corner Developments in any C or M zone, the lot line of which adjoins, is separated only by an alley, or is located across the street from any portion of a lot zoned A or R which:  (1) contain a commercial use not otherwise subject to conditional use approval which operates between the hours of 11 p.m. and 7 a.m.; (2) contain an amusement enterprise as enumerated in Section 12.14 A.3. of this Code; (3) contain an automobile laundry or wash rack; and/or (4) do not comply with the requirements and conditions enumerated in Section 12.22 A.23. of this Code.  (Amended by Ord. No. 175,223, Eff. 6/30/03.) 

 

   (a)   Standards.  In making a determination on an application for a conditional use filed pursuant to this subdivision, a Zoning Administrator may consider the provisions of Section 12.22 A.23. as establishing minimum standards for the approval of a Mini-Shopping Center or Commercial Corner Development, provided, however, that no building or structure shall exceed the height requirements set forth in Section 12.22 A.23.(a)(1).

 

   (b)   Findings.  (Amended by Ord. No. 182,095, Eff. 5/7/12.)  In addition to the findings set forth in 12.24 E., the Zoning Administrator shall find:

 

   (1)   that based on data provided by the City Department of Transportation or by a licensed traffic engineer, that ingress to and egress from the project will not create a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets; and

 

   (2)   that project approval will not create or add to a detrimental concentration of Mini-Shopping Centers or Commercial Corner Developments in the vicinity of the proposed project.

 

12.22a.23(b)(3)

(b)   Conditions of Operation.  A Mini-Shopping Center or a Commercial Corner Development shall comply with the following conditions:

 

   (1)   Maintenance.  The condition of the lot or lots, including but not limited to parking areas, exterior walls, required lighting, and landscaped areas, shall at all times be maintained in a safe and sanitary condition and in a state of good repair.  Exterior wall surfaces shall at all times be kept free from graffiti and any marks of vandalism.

 

   (2)   Debris Removal.  The lot or lots shall at all times be kept clear of weeds, rubbish, and all types of litter and combustible materials.  Trash receptacles shall be located throughout the open areas of the lot or lots.

 

   (3)   Hours.  Parking lot cleaning and sweeping, and trash collections from and deliveries to a Mini-Shopping Center or Commercial Corner Development, shall occur no earlier than 7 a.m., nor later than 8 p.m., Monday through Friday, and no earlier than 10 a.m., nor later than 4 p.m., on Saturdays and Sundays.

 

   (4)   Landscape Maintenance.  Maintenance of landscaped areas shall include continuous operations of watering, removal of weeds, mowing, trimming, edging, cultivation, reseeding, plant replacement, fertilization, spraying, control of pests, insects, and rodents, or other operations necessary to assure normal plant growth.  All trees, shrubs and ground cover shall be maintained as healthy and vigorous at all times.  Irrigation systems, installed pursuant to the requirements in Subsubparagraph (a)(10)(ii) above shall be continuously maintained in accordance with Section 12.41 B.5. of this Code.

 

   (5)   Covenant.  Prior to the issuance of a building permit or land use permit, the owner of the lot or lots shall execute and record a covenant and agreement in a form satisfactory to the Director of Planning, acknowledging that the owner shall implement each of the conditions set forth in Paragraph (b) of this subdivision, and shall not permit the erection of any of the signs enumerated in Paragraph (a)(6) of this subdivision or the establishment of any uses enumerated in Section 12.24 W.27. of this Code without first obtaining a conditional use approval.  The covenant and agreement shall run with the land and be binding upon the owners, and any assignees, lessees, heirs, and successors of the owners.  The City’s right to enforce the covenant and agreement is in addition to any other remedy provided by law.

PLEASE NOTE:

You have chosen a Housing Project Type that requires a Preliminary Zoning Assessment.

Please click the link below and follow the instructions for filling out the Preliminary Zoning Assessment Form.

Download the Preliminary Zoning Assessment Form - CP-4064 .

When completed come back to this page and check the box in the above field, that you have a signed off Preliminary Zoning Assessment Form. An Upload button will appear for you to then upload the signed Preliminary Zoning Assessment Form.

Important:  Press the [Next] button to complete the required forms to process your request.

1. Project Location

     

2. Project Description

Do you have any additional information regarding the description of your proposed project?
Existing Site Conditions (check all that apply)
Proposed Project Information (check all that apply or could apply)

Housing Component Information

Public Right-of-Way Information

Have you submitted the Planning Case Referral Form to BOE?
Is your project required to dedicate land to the public right-of-way?
Do you have dedication requirements on multiple streets?

3. Action(s) Required

Provide the Los Angeles Municipal Code (LAMC) Section that authorizes the request and (if applicable) the LAMC Section or the Specific Plan/Overlay Section from which relief is sought; follow with a description of the requested action.
Does the project include Multiple Approval Requests per LAMC 12.36?
Additional Requests Attached (Section 4)

4. Related Department of City Planning Cases

Are there previous or pending cases/decisions/environmental clearances on the project site?
Is the application/project directly related to one of the above cases?
Project Documentation
For purposes of Environmental (CEQA) analysis, is there intent to develop a larger project?
Have you filed, or is there intent to file, a Subdivision with this project?
To help assigned staff coordinate with other Departments that may have a role in the proposed project, please check all that apply and provide reference number if known.
Are there any outstanding Orders to Comply/citations at this property?
Are there any recorded Covenants, Affidavits or Easements on this property?
Building and Safety Plan Check Number
Bureau of Engineering Hillside Referral
Housing Department Application Number
Bureau of Engineering Revocable Permit Number
Bureau of Sanitation, Low Impact Development (LID) Referral
Other—specify

5. Related Documents/Referrals

To help assigned staff coordinate with other Departments that may have a role in the proposed project, please provide a copy of any applicable form and reference if known.

Certified Neighborhood Council
In an unsealed, postage affixed envelope with Public Counter return address (for all cases)
Color Renderings
Color renderings are required when the decision maker is the CPC or APC and are highly recommended for most other applications to assist in evaluating a proposed project
Copy of abutting property owners
List (never waived)
Conditional Use Wireless - Supplemental Materials
Photo Simulation Drawings; Existing Facilities; Evidence of Co-location Efforts; Screening; Structural Integrity Report; FCC and FAA Statements; FCC and FAA Statements; Specific Plans
Copy of owners and occupants list
(For projects requiring radius maps only)
Elevation Plan
An elevation map is any map which shows the different elevations of an area. ... This is the closest mapping comes to creating a three dimensional representation in a two dimensional map. A simple elevation map is going to focus on showing color-coded elevation areas and lines.

Elevation Plan Instructions (Click to Download)

Findings or Justifications
Please begin File Name with either "Findings" or "Justifications"
Floor Plan
A floor plan is a drawing to scale, showing a view from above, of the relationships between rooms, spaces, traffic patterns, and other physical features at one level of a structure. ... Floor plans may also include details of fixtures like sinks, water heaters, furnaces, etc.

Floor Plan Instructions (Click to Download)

Index map
Showing from which direction photos were taken. Location Map should also show nearest Collector Street)
Labels of abutting property owners
(Never waived) Applicant, owner and representative must be on all labels and copies (cannot be handwritten) and Dated within 180 Days.
Landscape Plan
Landscape Plans shall be of sufficient clarity to indicate the nature and extent of the proposed work and to demonstrate conformance with the provisions of all applicable regulations. Applications filed with Landscape Plans that do not substantially conform with these instructions, or are unclear or illegible, will result in delays in application processing.
Location map
Showing surrounding area (should minimally show nearest Collector Street)
Notarized City App
The first version of the completed DCP 7771 form that was emailed to the Applicant/Agent.
Other Supplemental Materials
Additional materials that are being asked for, but do not have designated upload button.
Ownership Map
Adds land boundaries to Aerial Maps
Parcel Profile Map
Identifies property boundaries.
Photographs Neighboring Properties
Provide color photographs taken recently and depicting current conditions of the entire project site and surrounding area. Photos of the project site should show existing structures, trees, shrubs, walls/fences, signage, streets, curb and gutters, and parking areas, as applicable. Photos of the surrounding area should clearly represent the context of the proposed project to the neighborhood. Photographs should be printed, no more than two to a page, captioned as to the content, and keyed to number on an accompanying Index Map (see below). An aerial view is also recommended.
Plot Plan
A Plot Plan is a plan drawn to scale showing the entire property (including all property lines) with the existing and proposed structures, including parking.

Plot Plan Instructions (Click to Download)

Radius Map
Must include all contiguously owned properties keyed to match numbers on the ownership and occupant lists.
Supplemental Materials
Including questionnaires (Except Director Determinations) Please begin File Name with "Supplemental Materials"
ZIMAS Aerial View
Vertical aerial photography (sometimes called "satellite views", "aerial surveys", "orthophotos" or "orthomosaics") are photos taken straight-down (nadir) from either an aircraft or satellite.

     

  1. Use the links below to download your forms.
  2. Fill them out on your device.
  3. Upload the completed form below.
  4. You will be promted to sign the forms on submission of this request.

Download the Affordable Housing Referral form. 

Download the Citywide Urban Design Guidelines Checklist form. 

Download the Geographic Project Planning Referral form. 

Download the HPOZ Authorization form. 

Download the Joint Building and Safety Referral Form form. 

Download the Perjury Affidavit form. 

Download the Preliminary Zoning Assessment form. 

Download the Transportation Study Assessment form. 

     

6. Project Team Information

APPLICANT
Are you in escrow to purchase the subject property?
Property Owner of Record
PROPERTY OWNER OF RECORD
AGENT/REPRESENTATIVE
OTHER
PRIMARY CONTACT
Primary Contact for Project Information
Geographic Project Planning Referral Form - Decision
Affordable Housing Referral Form - Decision

7. Property Owner Affidavit

PROPERTY OWNER AFFIDAVIT. Before the application can be accepted, the owner of each property involved must provide a notarized signature to verify the application is being filed with their knowledge. Staff will confirm ownership based on the records of the City Engineer or County Assessor. In the case of partnerships, corporations, LLCs or trusts the agent for service of process or an officer of the ownership entity so authorized may sign as stipulated below.

Make a Selection(s)
  1. I hereby certify that I am the owner of record of the herein previously described property located in the City of Los Angeles which is involved in this application or have been empowered to sign as the owner on behalf of a partnership, corporation, LLC or trust as evidenced by the documents attached hereto.
  2. I hereby consent to the filing of this application on my property for processing by the Department of City Planning.
  3. I understand if the application is approved, as a part of the process the City will apply conditions of approval which may be my responsibility to satisfy including, but not limited to, recording the decision and all conditions in the County Deed Records for the property.
  4. By my signature below, I declare under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct.

 

Property Owner’s signatures must be signed/notarized in the presence of a Notary Public.
The City requires an original signature from the property owner with the “wet” notary stamp.
A Notary Acknowledgement is available for your convenience on following page.

..

8. Applicant

APPLICANT DECLARATION. A separate signature from the applicant, whether they are the property owner or not, attesting to the following, is required before the application can be accepted.

  1. I hereby certify that the information provided in this application, including plans and other attachments, is accurate and correct to the best of my knowledge. Furthermore, should the stated information be found false or insufficient to fulfill the requirements of the Department of City Planning, I agree to revise the information as appropriate.
  2. I hereby certify that I have fully informed the City of the nature of the project for purposes of the California Environmental Quality Act (CEQA) and have not submitted this application with the intention of segmenting a larger project in violation of CEQA. I understand that should the City determine that the project is part of a larger project for purposes of CEQA, the City may revoke any approvals and/or stay any subsequent entitlements or permits (including certificates of occupancy) until a full and complete CEQA analysis is reviewed and appropriate CEQA clearance is adopted or certified.
  3. I understand that the environmental review associated with this application is preliminary, and that after further evaluation, additional reports, studies, applications and/or fees may be required.
  4. I understand and agree that any report, study, map or other information submitted to the City in furtherance of this application will be treated by the City as public records which may be reviewed by any person and if requested, that a copy will be provided by the City to any person upon the payment of its direct costs of duplication.
  5. I understand that the burden of proof to substantiate the request is the responsibility of the applicant. Additionally, I understand that planning staff are not permitted to assist the applicant or opponents of the project in preparing arguments for or against a request.
  6. I understand that there is no guarantee, expressed or implied, that any permit or application will be granted. I understand that each matter must be carefully evaluated and that the resulting recommendation or decision may be contrary to a position taken or implied in any preliminary discussions.
  7. I understand that if this application is denied, there is no refund of fees paid.
  8. I understand and agree to defend, indemnify, and hold harmless, the City, its officers, agents, employees, and volunteers (collectively “City), from any and all legal actions, claims, or proceedings (including administrative or alternative dispute resolution (collectively “actions”), arising out of any City process or approval prompted by this Action, either in whole or in part. Such actions include but are not limited to: actions to attack, set aside, void, or otherwise modify, an entitlement approval, environmental review, or subsequent permit decision; actions for personal or property damage; actions based on an allegation of an unlawful pattern and practice; inverse condemnation actions; and civil rights or an action based on the protected status of the petitioner or claimant under state or federal law (e.g. ADA or Unruh Act). I understand and agree to reimburse the City for any and all costs incurred in defense of such actions. This includes, but it not limited to, the payment of all court costs and attorneys’ fees, all judgments or awards, damages, and settlement costs. The indemnity language in this paragraph is intended to be interpreted to the broadest extent permitted by law and shall be in addition to any other indemnification language agreed to by the applicant.
  9. By my signature below, I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this application and any accompanying documents are true and correct, with full knowledge that all statements made in this application are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or subsequent revocation of license or permit.

 

The City requires an original signature from the applicant. The applicant’s signature below does not need to be notarized.

Select an Option

After clicking the Submit button below you'll receive an email with a link to continue your application

5a. Supplemental Findings CP -7773 for CUB and CUX

 

The Special Instructions for Alcohol (CUB) & Adult Entertainment Establishments is a required attachment to the MASTER LAND USE APPLICATION INSTRUCTIONS (CP-7810).  Only utilize this form when filing for a conditional use permit pursuant to LAMC Section 12.24 W.1 for alcohol establishments or pursuant to 12.24 W.18 for adult entertainment establishments.

The following are LAMC Codes related to this project type as referenced above..

12.24 W.1 - CP 7773

  1. The sale or dispensing for consideration of alcoholic beverages, including beer and wine, for consumption on the premises or off-site of the premises in the CR, C1, C1.5, C2, C4, C5, CM, MR1, MR2, M1, M2 and M3 Zones, or as an incidental business in or accessory to the operation of clubs, lodges, hotels or apartment hotels, or as an incidental business in or accessory to a conditional use approved pursuant to the provisions of this section, provided that:

 

  1. Findings. In addition to the findings otherwise required by this section, the Zoning Administrator shall make all of the following findings:

 

    1. that the proposed use will not adversely affect the welfare of the pertinent community;

 

    1. that the granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Control’s guidelines for undue concentration; and also giving consideration to the number and proximity of these establishments within a one thousand foot radius of the site, the crime rate in the area (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area; and

 

    1. that the proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

 

  1. Notice to Councilmember. Whenever an application for a conditional use has been filed pursuant to this subdivision, the Zoning Administrator shall give notice of this fact promptly to the councilmembers whose districts include portions of the area of the City involved.

 

  1. Limitations. The provisions of this subdivision shall not apply to the sale or dispensing for consideration of alcoholic beverages, including beer and wine, for consumption off-site of any premises located within the area of an operative specific plan which provides for conditional use approval for sale or dispensing. If that specific plan ceases to be operative, then a conditional use approval granted pursuant to the provisions of that specific plan for sale or dispensing may continue subject to the same rights and limitations as a conditional use granted pursuant to the provisions of  this section.

 

  1. Existing Uses. The use of a lot for an establishment dispensing, for sale or other consideration, alcoholic beverages, including beer and wine, for on-site or off-site consumption may not be continued or re-established without conditional use approval granted in accordance with the provisions of this section if, after September 13, 1997, there is a substantial change in the mode or character of operation of the establishment, including any expansion by more than 20 percent of the floor area, seating or occupancy, whichever applies; except that construction for which a building permit is required in order to comply with an order issued by the Department of Building and Safety to repair or remedy an unsafe or substandard condition is exempt from this provision. Any expansion of less than 20 percent of the floor area, seating or occupancy, whichever applies, requires the approval of plans pursuant to Subsection M of this section.

ADDITIONAL REQUIREMENTS/FINDINGS FOR APPROVAL OF A CUB or CUX:

For a CUB or CUX request to be considered, the following additional information and findings must be provided.

 

  1. An electronic copy of a RADIUS MAPS FOR ALCOHOL USES showing land use to a 600-foot radius.
  2. A LIST OF ALCOHOL ESTABLISHMENTS between 600 and 1,000 feet of the site is required. Include in the list the type of license and address.
  3. A LIST OF THE FOLLOWING USES within 600 feet is also required:
    1. Residential uses and type (single-family, apartment, hotel, etc.);
    2.  Churches;
    3.  Schools, including nursery schools and child-care facilities;
    4. Hospitals;
    5.  Parks, public playgrounds and recreational areas;
    6.  Establishments dispensing, for consideration, alcoholic  beverages for consumption on or off premises.
  1. General Conditional Use
    1. That the project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city, or region.
    2. That the project’s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety.
    3. That the project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any applicable specific plan.
  2. Additional Findings
    1. That the proposed use will not adversely affect the welfare of the pertinent community.
    2. That the granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Control’s guidelines for undue concentration; and also giving consideration to the number and proximity of these establishments within a one thousand foot radius of the site, the crime rate in the area (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area.
    3. That the proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

c. Commercial Corner Findings

  1. Since the establishment is located on a commercial corner with hours of operation after 11pm, please include Commercial Corner Findings.

12.24 W.18 - CP 7773

18. The following entertainment uses in the zones specified:

  1. Dance Halls in the C2, C4, C5, CM, M1, M2 or M3 Zones.
  1. Hostess dance halls in the C2, C5, CM, M1, M2 or M3 Zones.
  1. Massage parlors or sexual encounter establishments as both terms are defined in Section 12.70 in the C2, C5, CM, M1, M2 or M3 Zones and which otherwise comply with all requirements of Section 12.70.

SEC. 12.70.  ADULT ENTERTAINMENT ZONING.

   (Added by Ord. No. 151,294, Eff. 9/1/78.)

 

   A.   Purpose.  It is the purpose and object of this section to establish reasonable and uniform regulations to prevent the continued concentration of adult entertainment businesses, as defined herein, within the City of Los Angeles.

 

   B.   Definitions.  For the purpose of this section, certain terms and words are defined as follows:

 

   1.   “Adult Arcade” – An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”

 

   2.   “Adult Bookstores” – An establishment which has as a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

 

   (a)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas;” or

 

   (b)   Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities.”

 

   3.   “Adult Cabaret” – A nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities,” or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”

 

   4.   “Adult Motel” – A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”

 

   5.   “Adult Motion Picture Theater” – An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”

 

   6.   “Adult Theater” – A theater concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

 

   7.   “Establishment” (Amended by Ord. No. 157,538, Eff. 5/13/83.)  – As used in Subsection C hereof, the “establishment” of an adult entertainment business shall mean and include any of the following:

 

   (a)   The opening or commencement of any such business as a new business;

 

   (b)   The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; or

 

   (c)   The relocation of any such business.

 

   8.   “Massage Parlor”  –  An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, state licensed cosmetology or barber establishment, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (Amended by Ord. No. 155,718, Eff. 8/6/81.)

 

   9.   “Public Park” – A park, playground, swimming pool, beach, pier, reservoir, golf course or similar athletic field within the City of Los Angeles which is under the control, operation or management of the City Board of Recreation and Park Commissioners or the County Department of Beaches.

 

   10.   “Religious Institution” – A building which is used primarily for religious worship and related religious activities.

 

   11.   “School”  – An institution of learning for minors, whether public or private which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

 

   12.   “Sexual Encounter Establishment” – An establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with “specified sexual activities” or the exposure of “specified anatomical areas.” This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.

 

   13.   “Specified Anatomical Areas”  – As used herein, “specified anatomical areas” shall mean and include any of the following:

 

   (a)   Less than completely and opaquely covered human genitals,  pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolas; or

 

   (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

 

   14.   “Specified Sexual Activities” — As used herein, “specified sexual activities” shall mean and include any of the following:

 

   (a)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

 

   (b)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

 

   (c)   Masturbation, actual or simulated; or

 

   (d)   Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

 

   15.   “Substantial Enlargement” – As used in Subsection C hereof, the “substantial enlargement” of an adult entertainment business shall mean the increase in floor area occupied by the business by more than fifty percent (50%), as such floor area exists on the effective date of this section.

 

   16.   “Transfer of Ownership or Control” – As used in Subsections C and E hereof, the “transfer of ownership or control” of an adult entertainment business shall mean and include any of the following:

 

   (a)   The sale, lease or sublease of such business;

 

   (b)   The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

 

   (c)   The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

 

   17.   “Adult Entertainment Business” – Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Motel, Adult Motion Picture Theatre, Adult Theatre, Massage Parlor, or Sexual Encounter Establishment, as defined herein, and each shall constitute a separate adult entertainment business even if operated in conjunction with another adult entertainment business at the same establishment. (Added by Ord. No. 157,538, Eff. 5/13/83.)

 

   C.   Prohibition. (Amended by Ord. No. 158,579, Eff. 1/23/84.) No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult entertainment business within 1,000 feet of another adult entertainment business, or within 500 feet of a religious institution, school, or public park within the City of Los Angeles. No person shall cause or permit the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof, or the increase of floor area of any adult entertainment business in any building, structure or portion thereof containing another adult entertainment business.

 

   No person shall cause or permit the establishment, or substantial enlargement of an adult entertainment business within 500 feet of any lot in an “A” or “R” zone, or within the “CR”, “C1”, or “C1.5” zones in the City of Los Angeles.

 

   After March 6,1988, no person shall cause or permit the continued operation, maintenance, or use of a lot, building or structure, or any portion thereof as an Adult Arcade, Adult Bookstore, Adult Cabaret, Adult Motel, Adult Motion Picture Theater, Adult Theater, Massage Parlor or Sexual Encounter Establishment, within 500 feet of any lot in an “A” zone or “R” zone, or within the “CR”, “C1” or “C1.5” zones in  the City of Los Angeles. (Added by Ord. No. 161,111, Eff. 5/18/86.)

 

   D.   Measurement Of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school or public park.

 

   E.   Exceptions.

 

   1.   A person possessing ownership or control of an adult entertainment business which is within 1,000 feet of another such business or within 500 feet of any religious institution, school or public park on the effective date of this ordinance shall be permitted to transfer such ownership or control within two (2) years of said effective date. The person acquiring such ownership or control, however, shall be required to discontinue said adult entertainment business within five (5) years from the date of said transfer of ownership or control, if such business continues to be within 1,000 feet of another such business or within 500 feet of any religious institution, school or public park.

 

   2.   A person possessing ownership or control of an adult entertainment business shall be permitted to transfer such ownership or control if such business is not within 500 feet of any religious institution, school or public park and the only other adult entertainment business or businesses within 1,000 feet of such business have been established under a variance from the requirements of this section, pursuant to the variance provisions set forth in Section 12.27 of this Code. This exception shall not, however, apply to an adult entertainment business which has been established under such a variance.

 

   3.   Except for an adult entertainment business required to be discontinued pursuant to Subdivision 1 of this subsection, if more than one adult entertainment businesses exists in the same building, structure or portion thereof, then all may be continued until March 10, 1985. At that time all shall be discontinued except those established prior to September 1, 1978; but if none of the adult entertainment businesses were established prior to September 1, 1978, then all shall be discontinued except for one, and in case of a dispute the adult entertainment business established first shall have the priority right to continue.

 

   4.   An adult entertainment business may be continued, or established and maintained, pursuant to Section 12.22A20.  (Amended by Ord. No. 161,111, Eff. 5/18/86.)

 

   F.   Severability.  If any provision or clause of this section or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, clauses or applications thereof which can be implemented without the invalid provision, clause or application thereof, and to this end the provisions and clauses of this section are declared to be severable.

3. QUESTIONS REGARDING THE PHYSICAL DEVELOPMENT OF THE SITE
Is there outdoor seating?
e. If there is an outdoor area, will there be an option to consume alcohol outdoors?
f. If there is an outdoor area, is it on private property or the public right-of-way, or both?
i. If an outdoor area is on the public right-of-way, has a revocable permit been obtained?
g. Are you adding floor area?

h. Parking

ii. Are they shared or designated for the subject use?
iv. Have any arrangements been made to provide parking off-site?
1. If yes, is the parking secured via a private lease or a covenant/affidavit approved by the Department of Building & Safety? Note: Required parking must be secured via a covenant pursuant to LAMC 12.26 E 5. A private lease is only permitted by a Zone Variance.
3. Will valet service be available?
Will the service be for a charge?
i. Is the site within 1,000 feet of any schools (public, private or nursery schools), churches or parks?
j. For massage parlors and sexual encounter establishments, is the site within 1,000 feet of any other Adult Entertainment Businesses as defined by LAMC 12.70 B17?
4. QUESTIONS REGARDING THE OPERATION OF THE ESTABLISHMENT
a. What are the proposed hours of operation and which days of the week will the establishment be open?
b. Will there be entertainment such as a piano bar, dancing, live entertainment, movies, karaoke, video game machines, etc…? Please specify:
c. Will there be minimum age requirements for entry?
d. Will there be any accessory retail uses on the site?

e. Security

ii. Will security guards be provided on-site?
iii. Has LAPD issued any citations or violations?

f. Alcohol

i. Will there be beer & wine only, or a full-line of alcoholic beverages available?
ii. Will “fortified” wine (greater than 16% alcohol) be sold?
iii. Will alcohol be consumed on any adjacent property under the control of the applicant?
iv. Will there be signs visible from the exterior that advertise the availability of alcohol?

v. Food

1. Will there be a kitchen on the site?
2. Will alcohol be sold without a food order?
3. Will the sale of alcohol exceed the sale of food items on a quarterly basis?

vi. On-Site

1. Will a bar or cocktail lounge be maintained incidental to a restaurant?
2. Will off-site sales of alcohol be provided accessory to on-site sales (“Take Out”)?
3. Will discounted alcoholic drinks (“Happy Hour”) be offered at any time?

vii. Off-Site

1. Will cups, glasses or other containers be sold which might be used for the consumption of alcohol on the premises?
2. Will beer or wine coolers be sold in single cans, or will wine be sold in containers less than 1 liter (750 ml)?

5. CALDERA BILL (CA Business and Professions Code Section 23958 and 23958.4)

a. Old Is this application a request for on-site or off-site sales of alcoholic beverages?

This application is a request for 

i. If yes, is the establishment a bona-fide eating place (restaurant) or hotel/motel?
ii. If no, contact the CA Department of Alcoholic Beverage Control (ABC) to determine
whether the proposed site is located in an area whereby:

a. issuance of a license to serve alcohol on-site or off-site would tend to create a law
enforcement problem, or

b. if issuance would result in, or add to an undue concentration of licenses.

viii. Contact the CA Department of Alcoholic Beverage Control (ABC) regarding its requirements -- http://www.abc.ca.gov/.

b. If ABC has determined that an eligible use is in an area of high crime or undue concentration of licenses, the City Council will need to make the finding that the issuance of the license is required for public convenience or necessity.

6. ADDITIONAL REQUIREMENTS FOR MASTER CUBs/CUXs. In addition to all requirements detailed in the Master Land Use Application Instructions (CP-7810), applications for Master CUBs/CUXs shall include:

  • A separate sheet containing a table identifying all CUB or CUX requests on the subject site, indicating: the type of alcohol permit sought; the square footage of each particular restaurant, bar or event space; the identifying address or suite/unit number corresponding to each CUB/CUX request; and (if known) the tenant-operator of each alcohol or adult entertainment establishment.
  • All CUB or CUX requests on the subject site clearly identified and labeled on the plot plan and applicable floor plans, indicating: each type of alcohol permit sought; the square footage of each particular restaurant, bar or event space; and the identifying address or suite/unit number corresponding to each CUB/CUX request.

NOTE: Please consider submitting documents beyond the requirements outlined in this form. If there are other circumstances which may further a more complete understanding of the project, do not hesitate to submit such information. The documents submitted with the application and the public hearing constitute the primary opportunity to clarify and define the project.

RELATED CODE SECTIONS: Section 12.24 X.7 of the Los Angeles Municipal Code (LAMC) authorizes a Zoning Administrator to approve applications for fences and walls up to eight feet high located within the required front, side or rear yard of any lot, or on the side lot line along the street of a reversed corner lot in the A and R Zones as prohibited by LAMC Section 12.21 C.1 (g).
LAMC Section 12.22 C.20 (f) states the terms “fence” and “wall” shall include latticework, ornamental fences, screen walls, hedges or thick growths of shrubs or trees.

 

The following are the LAMC Codes referenced above.

12.24 X.7

7. Fences or Walls in A or R Zones.

  1. A Zoning Administrator may, upon application, permit fences, walls or gates not to exceed eight feet in height, including light fixtures, in the required front yard, side yard or rear yard of any lot or on the side lot line along the street of a reversed corner lot in the A and R Zones.
  1. Procedures. (Amended by Ord. No. 173,992, Eff. 7/6/01.) An application for permission pursuant to this subdivision shall follow the procedures for adjustments set forth in Section 12.28 C.1., 2. and 3. A public hearing may not be required if the applicant submits with the application the written approval of the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. However, for requests for fences in the required front yard, (except for game court fences) only the written approval of the owners of properties abutting on the side or across the street from the subject property need be submitted.
  1. Findings. In addition to the findings otherwise required by this section, the Zoning Administrator shall consider the environmental effects and appropriateness of materials, design and location of any proposed fence or wall, including any detrimental effects on the view which may be enjoyed by the occupants of adjoining properties, and security to the subject property which the fence or wall would provide.

12.21 C.1 (g)

(g)   (Amended by Ord. No. 173,492, Eff. 10/10/00.)  Every required front, side and rear yard shall be open and unobstructed from the ground to the sky, except for those projections permitted by Sections 12.08.5, 12.09.5 and 12.22.

 

   No automobile parking space shall be provided or maintained within a required front yard. Except where a lot is developed with a building meeting the requirements of Section 12.08.3B1, not more than 50 percent of a required front yard shall be designed, improved or used for access driveways.

 

   All portions of the required front yard of one-family dwellings, two-family dwellings, multiple dwellings or group dwellings, apartment houses, hotels, motels, apartment hotels and retirement hotels in the RE, RS, R1, RU, RZ, R2, RD, R3, RAS3, R4, RAS4, R5, or C Zones not used for necessary driveways and walkways, including decorative walkways, shall be used for planting, and shall not otherwise be paved.  The planted area in the RD, R3, RAS3, R4, RAS4, R5, or C Zones shall be planted in accordance with a landscape plan prepared by a licensed landscape architect, licensed architect, or landscape contractor to the satisfaction of the Department of City Planning.  The planted area shall include at least one tree, which shall be at least 15 gallon in size and at least six feet in height at the time of planting, for each 500 square feet of planted area and shall be equipped with an automatic irrigation system, which shall be properly maintained.  (Amended by Ord. No. 179,191, Eff. 11/5/07.)

 

   A fee pursuant to Section 19.01I shall be paid to the Department of City Planning for the checking of landscape plans, pursuant to this paragraph. However, the fee shall be waived if any other fee has been paid for checking of landscape plans for the same property.

 

   No swimming pool, fish pond or other body of water which is designed or used to contain water 18 inches or more in depth shall be permitted in any required yard space in which fences over 3-1/2 feet in height are prohibited, even though the pool, pond or body of water extends below the adjacent natural ground level.

12.22 C20 (f)

Still need to identify this code. It also looks like there are many references to walls and fences throughout 12.21 - 12.23.

 

PUBLIC HEARING AND NOTICE: Notification of a public hearing for the above process includes the owners of all properties abutting the subject site as well as on-site posting of the notice.

For Public Hearing and Notice Instructions refer to the  following handouts.

SPECIALIZED REQUIREMENTS: When filing an application for the above, the following items are required in addition to those specified in the Master Filing Instructions (CP-7810).

1. Plot Plan: The boundary of the plot plan must include all contiguously owned parcels (if the project is located on only a portion of the plot plan, label those portions of the site that are “not a part” of the project). The plot plan must also show the use and distance from structures within 50 feet of the subject parcel and on adjacent properties (whether under the same ownership or not). If a street dedication exists on the site, that dedication must be shown on the plot/site plan. Measure setbacks from the dedication line rather than the existing property line. (Note: A dedication requirement may trigger the need for additional relief such as a revocable permit; be sure to check the details of your request.)

2. Elevation Plans: Provide elevations of the proposed fence/wall with all dimensions, including any lighting fixtures. In addition to the overall height of the fence/wall, elevations must show dimensions for height and width of each material change. (For example, a fence consisting of solid masonry on the bottom with a wrought iron portion above, topped with lighting fixtures must include separate dimen-sions for the solid portion of the fence, the wrought-iron portion, the gate, the lighting fixtures, and the overall height and width of the structure). Include the materials and colors to be used for the proposed fence on the plans, or if the fence/wall consists of hedges, shrubs or trees, identify the common and scientific name of the vegetation and its maximum anticipated height.

FINDINGS FOR APPROVAL: In order to approve an application, the decision maker must decide if the facts presented in the record are such to support the findings (i.e. criteria for approval) established in the LAMC. On a separate page copy each finding stated below, and provide a detailed justification/explanation of how the proposed project conforms to the required finding.


1. Describe how the proposed project will enhance the built environment in the surrounding neighborhood or how it will perform a function or provide a service that is essential or beneficial to the community, city, or region; and


2. Explain why the project’s location, size, height, operations and other significant features (provide specifics) will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood or the public health, welfare and safety; and CP-2075.1 fences 


3. Explain why the project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan and any applicable specific plan. (Plans can be viewed in the General Plan section of City Planning’s website at http://planning.lacity.org).

ADDITIONAL INFORMATION: In addition to the above findings for approval, the decision maker must also consider the following matters. For that reason, your application should address as best as possible these issues. The items below should not be considered as a limitation on the information to be submitted and you are encouraged to submit any additional supporting material you feel is relevant.

  1. The environmental effects and appropriateness of materials, design and location of any proposed fence or wall; and
  1. The detrimental effects of a fence, wall or hedge on the view which may be enjoyed by the occupants of the adjoining properties; and
  1. The security to the subject property which the fence or wall would provide.

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