City Council

(7) 20-1265-S1 CDs 1, 8, 9 CONTINUED CONSIDERATION OF ENVIRONMENTAL IMPACT REPORTS, ADDENDUMS, RELATED CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS, and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to a proposed zone change ordinance to amend the text and figures in the South Los Angeles Community Plan Implementation Overlay (CPIO) District. Recommendations for Council action: FIND, based on the independent judgment of the decision-maker, after consideration of the whole of the administrative record, including Environmental Impact Report, SCH No. 2008101098, (ENV-2008-1781-EIR and ENV-2008- 1780-EIR), certified on November 22, 2017 (Project EIR), the Addendum dated October 2022 and the Addendum dated November 2022 (Exhibit E), the project was assessed in the Project EIR; and pursuant to CEQA Guidelines, Sections 15162 and 15164, that no subsequent or supplemental EIR, or negative declaration is required for approval of the Proposed Project. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of Council. INSTRUCT the Department of City Planning (DCP) to prepare a zoning ordinance to make the zone changes as shown in the Proposed Zoning Ordinance Map in Exhibit C and pursuant to 12.32 and 13.14 and to amend the South Los Angeles CPIO, as shown in Exhibits D.1 and D.2, the Proposed Project is the South Los Angeles CPIO Amendment Project, includes zone changes that amend the text and figures in the South Los Angeles CPIO District, the proposed CPIO amendment creates a new Protected Unit Area in the Residential Subareas that adds tenant protection regulations that reflect recent changes in state law, established by the Housing Crisis Act (collectively, Senate Bill (SB) 330 and SB 8) and adds some additional tenant protections beyond what is required under state level, the Proposed Project applies these tenant protection regulations, in addition to applying the existing applicable CPIO development regulations and design standards, to properties currently within the Residential Subareas (Chapter V) of the CPIO and to additional multifamily (R2, RD and R3) zoned properties, inclusive of a zone change to R1R3 (Rear Mass Variation) for two R1 zoned neighborhoods (36.02 acres total) within the Project area, finally, the Proposed Project amends the Transit Oriented Development (TOD) Subareas (Chapter III) of the CPIO to upgrade access to bonus incentives for certain nodes within the Protected Unit Area from a lower to higher intensity TOD subarea, the Project Location is an approximately 3,366.4acre area (5.26 square miles) located within the South Los Angeles Community Plan Area which includes neighborhoods to the west and south of the University of Southern California campus and Exposition Park. The Project Location is generally bounded by the Santa Monica Freeway (Interstate 10) to the north; the Harbor Freeway (Interstate 110) to the east; to the south along Gage Avenue, from the Harbor Freeway westerly to Vermont Avenue, along West 62nd Street westerly from Vermont Avenue to Normandie Avenue; and along Martin Luther King Jr. Boulevard westerly from Normandie Avenue to Western Avenue, the westernmost boundary. INSTRUCT the DCP to finalize the necessary zone ordinances to be presented to the City Council, and authorize the DCP to make non-substantive text edits as necessary to correct typographical or formatting errors, including any non-substantive corrections to the map. FIND, that in accordance with Los Angeles Municipal Code Section 13.14 C.5, the proposed amendments to the supplemental development regulations of the CPIO Districts (Exhibits C, D.1, and D.2) are consistent with, and necessary to implement the programs and policies of the South Los Angeles Community Plan. ADOPT the DCP Staff Recommendation Report (Exhibit A) as the LACPC Report on the subject, including the additional modifications enumerated in Attachment 1, attached to the Council file. REQUEST the City Attorney, in consultation with the DCP, to include the following additional language as part of the CPIO ordinance: Add a requirement that developers notify tenants in buildings to be demolished of their legal rights under the CPIO, including their right to return to a new unit at an affordable rent, the rent guidelines for the new project, and any procedures the tenant will need to follow in order to claim an affordable unit. Add specific requirements for how long a developer must hold open a replacement unit for a displaced tenant and establish notification procedures to advise the tenant when the new unit is ready. Add a requirement that a developer who is found to have committed unlawful tenant harassment or illegally evicted a tenant loses the right to a demolition permit for five years. Remedies. Any person or entity, including a project applicant or their successor-in-interest, who breaches any duty or obligation set forth in this Section V-1, including failing to allow a displaced tenant to exercise their right to remain or right of return, submitting false information as part of the requirements of this section, or otherwise violating this section, shall be liable in a civil action by any person, organization or entity, for all actual damages, special damages in an amount not to exceed the greater of twice the amount of actual damages or $5,000, and reasonable attorney’s fees and costs as determined by the court. Damages of three times the amount of the actual damages may be awarded in a civil action for willful failure to comply with relocation payment obligations, to provide safe, decent and sanitary temporary replacement housing, or to allow a tenant to exercise their right of return or right to remain. ​​​​​​​The remedies provided by this Section are in addition to any other legal or equitable remedies and are not intended to be exclusive. REQUEST the City Attorney to prepare and present the ordinance to amend the South Los Angeles CPIO District recommended in the November 28, 2022 LACPC report. Applicant: City of Los Angeles Case No.: CPC-2022-5432-ZC-CPIOA Environmental Nos. ENV-2008-1781-EIR-ADD2; ENV-2008-1780-EIR-ADD2; SCH No. 2008101098