Baseline Hillside Ordinance-1st Day; Guide; Retaining Wall Ordinance

Baseline Hillside Ordinance-1st Day; Guide; Retaining Wall Ordinance

Greetings All:

Today, May 9, 2011, is the first day of the new hillside regulations established for the Single-Family Zones by the Baseline Hillside Ordinance.  For a copy of the final adopted Ordinance please go to the following link:  http://clkrep.lacity.org/onlinedocs/2010/10-1001_ord_181624.pdf

For more details, please refer to the online Council File at the following link:  http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=10-1001

This will be the last official email regarding the Baseline Hillside Ordinance.  However, the number of people and the representation of all of the various groups and associations in this list has proven to be a valuable public outreach resource.  You may periodically receive an email from myself or one of my colleagues inviting you to join interest lists on a variety of topics; the first being the Retaining Wall Ordinance described below.

Does the Baseline Hillside Ordinance Apply To Me?
Just to clarify for all, any property zoned R1, RS, RE, or RA which is designated as Hillside Area pursuant to Section 12.03 of the Los Angeles Municipal Code (LAMC) in now subject to the Baseline Hillside Ordinance.  Please refer to our Zoning Information and Map Access System, or ZIMAS (http://zimas.lacity.org/) to check your “Zoning” and “Hillside Area (Zoning Code)” designation under the “Planning and Zoning” tab.

Projects Submitted for Plan Check and/or Discretionary Actions
Pursuant to Section 12.26 A.3 of the LAMC, any project which was accepted by the Department of Building and Safety for plan check with a complete set of plans and for which the fees have been paid prior to the effective date of an Ordinance (Monday, May 9, 2011) will be considered to be a Vested Development Plan; meaning that the applicable regulations in place prior to this change will continue to apply.  However, there are some limitations to this provision that you should be aware of, but the more relevant ones are that you have 18 months after the fee is paid, and that you cannot make changes to those plans which increase or decrease the height, floor area, or occupant load of the proposed structure by more than 5%.  Feel free to reference our online Municipal Code for more details (http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:lamc_ca); go to Chapter 1, Article 2, Section 12.26, Subsection A, Subdivision 3.

The only way to “vest” a typical single-family development project under the current Code is through the Vested Development Plan provision summarized above.  Applications for, or approval of discretionary actions (i.e. Zoning Administration Determinations, Adjustments, Variances, etc.) prior to the effective date does not confer vesting rights to a project.  If you were NOT able to submit for plan check to the Department of Building & Safety prior to the effective date you will be subject to the new hillside regulations.

Baseline Hillside Ordinance Comprehensive Guide (ATTACHED TO THIS EMAIL)
The Department of City Planning, with the help of the Department of Building and Safety, has been working on putting together a Comprehensive Guide to the New Hillside Regulations.  This document is intended to be a user-friendly guide to the Baseline Hillside Ordinance hillside regulations, and contains clarification language as well as figures and diagrams to illustrate some of the new provisions, some of which you may have already seen in the Staff Reports prepared for this Ordinance.

We intend to update this document as new clarifications, interpretations, and general information becomes available.  Feel free to forward your comments or questions to me at erick.lopez@lacity.org or at (213) 978-1323.

Retaining Wall Ordinance
As discussed during the City Planning Commission Meetings, there is a concern that the current retaining wall regulations are not entirely compatible with the policies and objectives of the new Baseline Hillside Ordinance.  City Planning staff had received many comments regarding the potential problems from the various stakeholders.

The Department of City Planning is in the process of initiating a new Retaining Wall Ordinance and will be conducting some early public outreach meetings to obtain input from the individuals, groups and associations involved.  David Olivo, from our Code Simplification Unit, has been assigned as the project manager.  As part of these efforts, he is building a Retaining Wall Ordinance Interest List.  To be added to the list, please email david.olivo@lacity.org and ask to be added to the interest list.  Please type “Add Me To Retaining Wall Interest List” in the subject line and provide your group/organization/company affiliations and contact information (please include at least your ZIP Code).

Feel free to forward this information to anyone you feel might be interested.

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