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CPC-2011-683-SP-ZC-CA, CPC-2011-684-SP City Planning Commission Draft, 6/9/11 1 Bunker Hill Specific Plan Case No. CPC-2011-683-SP-ZC-CA, CPC-2011-684-SP TABLE OF CONTENTS Section 1. Establishment Section 2. Purposes Section 3. Relationship to the LAMC Section 4. Definitions Section 5. Prohibitions Section 6. Development Review Procedures Section 7. Administrative Procedures for Allocation of Floor Area Rights Section 8. Land Use Regulations and Designation of Subareas Section 9. Urban Design Regulations Section 10. Pedestrian Plan Section 11. Transportation and Parking Regulations Section 12. Uses and Buildings Made Non-Conforming by this Specific Plan Section 13. Grandfathering Section 14. Interpretation Section 15. Severability

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CPC-2011-683-SP-ZC-CA, CPC-2011-684-SP City Planning Commission Draft, 6/9/11

1

Bunker Hill

Specific Plan

Case No. CPC-2011-683-SP-ZC-CA, CPC-2011-684-SP

TABLE OF CONTENTS

Section 1. Establishment

Section 2. Purposes

Section 3. Relationship to the LAMC

Section 4. Definitions

Section 5. Prohibitions

Section 6. Development Review Procedures

Section 7. Administrative Procedures for Allocation of Floor Area Rights

Section 8. Land Use Regulations and Designation of Subareas

Section 9. Urban Design Regulations

Section 10. Pedestrian Plan

Section 11. Transportation and Parking Regulations

Section 12. Uses and Buildings Made Non-Conforming by this Specific Plan

Section 13. Grandfathering

Section 14. Interpretation

Section 15. Severability

CPC-2011-683-SP-ZC-CA, CPC-2011-684-SP City Planning Commission Draft, 6/9/11

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Bunker Hill

Specific Plan

An ordinance establishing a Specific Plan, known as the Bunker Hill Specific Plan, for a portion of the Central City Community Plan area. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. ESTABLISHMENT OF THE BUNKER HILL SPECIFIC PLAN The City Council establishes the Bunker Hill Specific Plan for the area bounded generally by the 110 Freeway on the west; Fifth Street on the south; Hill Street on the east; and First Street on the north, as shown upon the following Map 1 within the heavy dashed lines:

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Map A – Specific Plan Area

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Section 2. PURPOSES. This Specific Plan is intended to:

Implement the Central City Community Plan.

Create a mixed use district with expanded housing opportunities and commercial retail to create a 24-hour downtown environment. Retain and expand the area as the primary office center for the region. Reinforce and enhance the district’s identity as the cultural center of the region. Expand the economic base of the City by providing additional employment opportunities and additional revenues to the region. Establish standards and approval procedures for the Allocation of Floor Area Rights (AFAR) in the Bunker Hill Specific Plan Area and facilitate those allocations that result in enhancements or improvements to the district. Administer allocations from a pool of Additional Floor Area Rights in the Bunker Hill Specific Plan Area. Specify the procedure for making Floor Area Payments and Administrative Fee Payments derived from the Allocation of Floor Area Rights and the procedure for expending those funds to benefit the Bunker Hill Specific Plan Area.

Implement design regulations that maintain a high quality built form and encourage compatible infill development that enlivens the streets and public spaces. Expand, integrate, and activate a linked network of public open spaces and pedestrian pathways. Support the expansion of the regional transit network through an urban form and mix of land uses that support high levels of transit use. Create a transit-friendly environment by requiring conformance to pedestrian-oriented design guidelines that promote consistent street walls and active ground floor uses. Ensure that private development implements special street standards developed for the area. Support the improvement of the business environment by providing an attractive public realm. Promote increased flexibility in the regulation of the height and bulk of buildings as well as the design of sites and public streets in order to ensure a well-planned mix of commercial and residential uses with adequate public space.

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Section 3. RELATIONSHIP TO THE LOS ANGELES MUNICIPAL CODE.

A. The regulations of this Specific Plan are in addition to those set forth in the planning and zoning provisions of the Los Angeles Municipal Code (LAMC), Chapter 1 as amended, and any other relevant ordinances, and do not convey any rights not otherwise granted under the provisions and procedures contained in the LAMC or other ordinances, except as specifically provided for here.

B. Wherever this Specific Plan contains provisions which establish regulations

(including, but not limited to, standards such as densities, heights, uses, parking, signage, open space, and landscape requirements), which are different from, more restrictive or more permissive than would be allowed pursuant to the provisions contained in the LAMC, this Specific Plan shall prevail and supersede the applicable provisions of the LAMC and those relevant ordinances.

C. Site Plan Review Ordinance. Approvals pursuant to LAMC Sections 16.05 and 12.24 U 14 are not required for Projects within this Specific Plan area, because the Specific Plan supersedes those sections.

D. Commercial Corner and Mini-Shopping Centers Ordinance. Approvals

pursuant to LAMC Sections 12.22 A 23, and 12.24 W 27 are not required for Projects within this Specific Plan area, because the Specific Plan supersedes those sections.

E. Developments Combining Residential and Commercial Uses. Approvals

pursuant to LAMC Sections 12.22 A 18 and 12.24 V 2 are not required for Projects within this Specific Plan area, because the Specific Plan supersedes those sections.

F. Floor Area Averaging. Approvals pursuant to LAMC Sections 12.24 W 19 are not required for Projects within this Specific Plan area, because the Specific Plan supersedes those sections.

G. Hotels. Approvals pursuant to LAMC Section 12.24 W 24 are not required

for Projects within this Specific Plan area, because the Specific Plan supersedes that section.

H. Other Uses permitted by Conditional Use Permit Pursuant to LAMC

Section 12.24, et seq. These approvals shall be processed in accordance with the procedures established in Section 12.24.

Section 4. DEFINITIONS.

Whenever the following terms are used in this Specific Plan, they shall be construed as defined in this section. Words and phrases not defined here shall be construed as defined in LAMC Sections 12.03, or 91.201-227. Project. The construction, erection, addition to, alteration, or demolition of any building or structure, or a use of land or change of use on a lot located in whole or in part within the Specific Plan Area which requires the issuance of a grading

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permit, foundation permit, building permit, demolition permit, sign permit or use of land permit. A Project does not include adaptive reuse of an existing building which conforms to Section 12.22.A.26 of this code; remodeling of designated Historic Resources; and, interior remodeling of any other existing building. Additional Floor Area Rights means that Floor Area that remains unallocated to any subarea in the Specific Plan Area, as prescribed in Table 1 and any subsequent approved Allocation Plan. Administrative Fee Payment means the payment made to the City by the owner of a Receiver Site for administrative expenses pursuant to Section 6 of this Specific Plan. Allocation of Floor Area Rights (AFAR) means the granting of Additional Floor Area Rights to a Receiver Site for a Project approved in accordance with the requirements of Section 6 of this Specific Plan. Allocation Plan means a plan that identifies and describes the Receiver Site, amount of Floor Area Rights to be allocated and the Floor Area Payment. Appraisal means an economic valuation of the Receiver Site submitted by the Applicant, which (a) has been prepared by an MAI (Member of the Appraisal Institute) appraiser with at least five years experience in appraising property in the City and (b) sets forth the fair market value of the Receiver Site (i) as of the date the application was submitted and (ii) as if the Receiver Site were vacant and used for its highest and best use under all then current zoning and planning restrictions and City policies affecting the Receiver Site. Buildable Area means the same as Lot Area, with the following exception: for the purposes of computing the maximum Floor Area Rights available through the approval of an Allocation Plan for a Transit Area Mixed Use Project, as defined herein, the buildable area shall include the lot area plus the area between the exterior lot lines and the centerline of any abutting public right-of-way. CEQA means the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Community Plan means the Central City Community Plan, a part of the General Plan of the City of Los Angeles, and including amendments to the Community Plan. Department means the Department of City Planning. Director means the Director of the Department of City Planning. Existing Floor Area Rights means the amount of Floor Area, built or unbuilt, that has been assigned to particular subarea at the time of the adoption of this Specific Plan, as prescribed in Table 1. Fixed Rail Transit Station means a station stop for a fixed rail system that is currently in use or whose location is proposed and for which a full funding contract has been signed by all funding partners, or one for which a resolution to

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fund a preferred alignment has been adopted by the Los Angeles County Metropolitan Transportation Authority (“Metro”) or its successor agency. Floor Area Payment means that dollar sum established by the application of the formula set forth in Section 6 of this Specific Plan. Floor Area Payment Trust Fund means that certain interest-bearing Trust Account administered by the City Clerk’s Office designated as ______________, from which funds may be distributed as set forth in Section 7 of this Specific Plan. Floor Area Ratio (FAR) means the Floor Area of a building divided by the Lot Area of the lot upon which it is located. Notwithstanding the above, the maximum Floor Area Ratio of a Transit Area Mixed Use Project shall mean the Floor Area of a building divided by the Buildable Area. High-Density Floor Area Ratio Factor means a denominator of six and is used in calculating the amount of any Floor Area Payment. Lot Area means the total horizontal area within the lot lines of a lot, prior to any dedication. Public Benefits means infrastructure or amenities provided to the public including, but not limited to, public open space, pedestrian walkways, historic preservation, recreational, cultural, community and public facilities, new infrastructure, maintenance and improvement of existing infrastructure, job training and outreach programs, affordable housing, affordable child care, streetscape improvements, public arts programs, homeless services programs, or public transportation improvements. Receiver Site means a site within the Bunker Hill Specific Plan Area, which receives Additional Floor Area Rights pursuant to the provisions of this article. Residential Project means any Project or portion of a Project that includes dwelling units or guest rooms. Specific Plan Area means those portions of the Central City Community Plan Area located in the Bunker Hill Specific Plan as shown on Map A, generally bounded on the west by the Harbor Freeway (110 Freeway), the north by First Street, the east by Hill Street and the south by portions of Fourth and Fifth Streets. Transit Area Mixed Use Project means any Project or portion of a Project in the Bunker Hill Specific Plan Area that: 1) provides Floor Area for at least two different land uses, such as commercial office and commercial retail, commercial office and residential, or commercial retail and residential; 2) is located within 1500 feet of a fixed rail transit station, as measured from the exterior lot line to the nearest station entrance; and 3) meets the standards and guidelines in the Downtown Design Guide and the Bunker Hill Specific Plan.

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Section 5. PROHIBITION

A. No demolition permit, grading permit, foundation permit, building permit, or use of land permit shall be issued for any Project on any lot located in whole or in part within the Specific Plan Area, unless the Project complies with the requirements of this Specific Plan, as determined by the Director. 1. The prohibition above shall not apply to any construction for which a

permit is required in order to comply with an order issued by the Department of Building and Safety to repair an unsafe or substandard condition.

Maximum Permitted Floor Area. The maximum total permitted Floor Area within the Specific Plan Area shall not exceed 22,927,626 square feet. Floor Area permitted as a result of a Floor Area bonus received pursuant to Sections 12.22 A.29 or 12.24 U.27 of this Code shall not be included in the above limitation.

B. Land area subject to easements granted pursuant to this Specific Plan shall be counted as buildable area for the purposes of determining maximum floor area ratio.

Section 6. DEVELOPMENT REVIEW PROCEDURES

A. Administrative Clearance. When the Director determines that a Project complies with the requirements of this Specific Plan, a permit may be issued with an Administrative Clearance from the Director for the following types of Projects: 1. Demolition of an existing building or structure not identified as a historic

resource; 2. Exterior Remodeling that does not result in an increase in floor area for

any Subarea beyond the Existing Floor Area Rights prescribed in Table 1; 3. Change of use; 4. Signs, when in conformance with the requirements of the Downtown

Design Guide;

5. Projects with less than 50 dwelling units or guest rooms, or combination thereof, that conform to the provisions contained in Section 9 of this Specific Plan and that do not require an Allocation of Floor Area Rights;

6. Projects with less than 50,000 gross square feet of nonresidential floor area, that conform to the provisions contained in Section 9 of this Specific Plan and that do not require an Allocation of Floor Area Rights.

B. Project Permit Compliance. No permit shall be issued for any Project other

than those identified above in Subsection A unless the Director has issued a Project Permit Compliance approval pursuant to the procedures set forth in LAMC Section 11.5.7, and, for Projects requesting an Allocation of Floor Area

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Rights, the additional requirements specified in Subparagraph B.1 below. Projects that fail to demonstrate compliance with the provisions of Section 9 shall follow additional procedures set forth in Subsection C of this Section. 1. Allocation of Floor Area Rights.

a. Application. An Applicant seeking an Allocation shall file a Project

Permit Compliance Application along with a request for approval of an Allocation with the Department on a form prescribed by the Director. The request shall be accompanied by a proposed Allocation Plan. The Allocation Plan shall be the only mechanism for approving the Allocation for any Project involving an Allocation of Floor Area Rights, pursuant to this subsection.

b. Action by Director. After reviewing the Application, the Director may

approve, approve with conditions or disapprove the request for Allocation, including the Floor Area Payment and the Administrative Fee Payment to be provided, based upon whether the proposed Project meets the findings required by Section 11.5.7 C.2 of the LAMC and, additionally, the following findings and conditions:

(1) Findings.

(a) The increase in Floor Area generated by the proposed

Allocation is appropriate with respect to location and access to the circulation system, compatible with other existing and proposed developments and the City’s supporting infrastructure, or otherwise determined to be appropriate for the long-term development of the Central City; and

(b) The Floor Area Payment is used for Public Benefits, as defined herein and as required by Subsection c. below.

(2) Conditions of Approval. (a) The Allocation shall provide a Floor Area Payment, and an

Administrative Fee Payment in conformance with the requirements of this Specific Plan; and

(b) The Project receiving an Allocation must comply with the

urban design standards contained in the Bunker Hill Specific Plan, including the requirements of the Downtown Design Guide and any supplemental requirements contained in the Specific Plan; and

(c) The Director may require additional conditions for the

Allocation, as he or she deems necessary to accomplish the purposes and objectives of the Community Plan.

c. Floor Area Payment.

(1) A Floor Area Payment shall be provided as part of an approved

Allocation Plan and shall serve a public purpose benefitting the

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Bunker Hill Specific Plan Area, such as: providing infrastructure or amenities to the public including, but not limited to, open space, pedestrian walkways, historic preservation, recreational, cultural, community and public facilities, new infrastructure, maintenance and improvement of existing infrastructure, job training and outreach programs, affordable housing, affordable child care, streetscape improvements, public arts programs, homeless services programs, or public transportation improvements. Prior to approving an Allocation Plan, the Director shall make a finding that the Floor Area Payment proposed by the Applicant in the Allocation Plan will result in benefits or improvements with an economic value consistent with the sum of the Floor Area Payment set forth in Subsection (3) below.

(2) A Floor Area Payment may be provided by any combination of the payment of monies to the Bunker Hill Floor Area Payment Trust Fund described in this Specific Plan or by the direct provision of Public Benefits by the Applicant; provided, however, that at least 50% of the Floor Area Payment must consist of cash payment by the Applicant to the Floor Area Payment Trust fund.

(3) The Floor Area Payment under any Allocation Plan shall equal the fair market value of the Floor Area to be determined as follows: (1) the sale price of the Receiver Site, if it is vacant land and has been purchased through an unrelated third-party transaction within 18 months of the date of submission of the request for approval of the Allocation, or an Appraisal, if it has not; (2) divided by the Lot Area (prior to any dedications) of the Receiver Site; (3) further divided by the High-Density Floor Area Ratio Factor; (4) multiplied by 40%; and (5) further multiplied by the number of square feet of Floor Area Rights to be allocated to the Receiver Site.

[Example: If the Receiver Site with a Lot Area of 100,000 square feet (before any dedications) is vacant land and was purchased for $40,000,000 (through an unrelated third-party transaction within 18 months of the date of submission of the request for approval of the Allocation), the Floor Area Payment under an Allocation Plan allocating 100,000 square feet of Floor Area Rights would equal: (a) $40,000,000 (the purchase price); (b) divided by 100,000 (the Lot Area of the Receiver Site); (c) divided by 6 (the High-Density Floor Area Ratio Factor); (d) multiplied by 40%; and (e) multiplied by 100,000 (the number of square feet of Floor Area Rights to be allocated) = $2,666,666.67 (or $26.67 for each square foot of allocated Floor Area Rights).]

d. Administrative Fee Payment.

(1) The Administrative Fee Payment shall be the greater of (a) 10% of the Floor Area Payment calculated pursuant to Subsection c.(3) above, or (b) $5, multiplied by the number of square feet of Floor Area Rights to be allocated to the Receiver Site, and this Administrative Fee Payment shall be paid in cash by the Applicant

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to the Department of City Planning to offset administrative costs of the program such as administrative costs associated with securing a Floor Area Payment, administrative costs associated with the accounting and record keeping of expenditures made on behalf of the Floor Area Payment Trust Fund and administrative costs associated with the implementation of an appropriation made from the Floor Area Payment Trust Fund.

(2) The Administrative Fee Payment is independent of the Floor Area Payment.

e. Payments and Vesting. Any Floor Area Payment together with any Administrative Fee Payment shall be provided as set forth in the Allocation Plan and as set forth below in this subsection:

(1) If the Project Permit Compliance Application specifies a single-phase Project on the Receiver Site, then the owner of the Receiver Site shall pay the Floor Area Payment together with the Administrative Fee Payment on or before the earlier of

(a) The issuance of the building permit for the Project; or

(b) Twenty-four months after the final Project Permit Compliance approval of the Allocation, the expiration of any appeals or appeal periods and recordation of the document running with the land described in Paragraph A.2 of Section 7 of this Specific Plan, unless extended by the Director in accordance with LAMC 11.5.7 C.4(e).

(2) If the approved Project Permit Compliance Application specifies a multi-phased Project on the Receiver Site, then the owner of the Receiver Site may elect to pay the Floor Area Payment together with the Administrative Fee Payment as per either of the options set forth below, unless extended by the Director in accordance with LAMC 11.5.7 C.4(e):

(a) In total for all phases of the Project, on or before the earlier of (i) the issuance of the building permit for the first phase of the Project or (ii) 24 months after the final approval of the Allocation, the expiration of any appeals or appeal periods for all phases of the Project and recordation of the document running with the land described in Paragraph A.2 of Section 7 of this Specific Plan; or

(b) Incrementally by each phase of the Project, proportionate to the Floor Area Rights utilized in each phase, on or before the issuance of the building permit for each phase, with the amount of each payment being recalculated as of the date that the building permit for each phase is issued in accordance with an Appraisal establishing the fair market value of the Receiver Site within six months prior to the issuance of the building permit for that phase.

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(3) Upon the Applicant’s payment to the City of all of the Floor Area Payment Trust Fund together with all of the Administrative Fee Payment required under an approved Allocation, all Floor Area Rights allocated to the Receiver Site pursuant to the Allocation Plan shall vest in the Receiver Site and thereafter run with the land.

C. Director’s Determination for Alternative Design. If a proposed Project

fails to meet the urban design regulations contained in Section 9, the applicant may apply to the Director of Planning for a Director’s Determination. Such application shall be processed in accordance with the procedures specified in LAMC 11.5.7 E.1. The limitations specified in LAMC 11.5.7 E.2 shall not apply. The Director shall approve a Project upon a written finding that the Project satisfies each of the following requirements, in addition to any other required specific plan findings that may pertain to the Project Permit Compliance:

1. That the project conforms with the intent of the urban design regulations

required by Section 9 of this Specific Plan; 2. That there are special circumstances applicable to the project or project

site which make strict application of the urban design regulation(s) impractical;

3. That in granting the request, the Director has imposed project

requirements and/or decided that the proposed project will substantially comply with all other applicable specific plan regulations; and

4. That in granting the request, the Director has considered and found no

detrimental effects of the proposed project on surrounding properties and public rights-of-way.

Section 7. ADMINISTRATIVE PROCEDURES FOR ALLOCATION OF FLOOR AREA

RIGHTS

A. General Requirements.

1. The Department shall establish an accounting of all Allocations and Floor Area Payments in the Bunker Hill Specific Plan Area.

a. The Department shall maintain a record of the available Floor Area

Rights in the Bunker Hill Specific Plan Area, and any Allocations and other records as may be necessary or desirable to provide an up-to-date account of the Floor Area Rights available for use in the Bunker Hill Specific Plan Area. The records shall be available for public inspection.

b. The Department shall maintain an accounting of all Floor Area

Payments received from an Allocation, and an accounting of all expenditures made from Floor Area Payments. The records shall be available for public inspection.

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2. Any Allocation of Floor Area Rights approved pursuant to this Specific Plan shall be recorded by covenant, or similar instrument, to the satisfaction of the Director of Planning. This document shall clearly set forth the amount of Floor Area Rights allocated to the Receiver Site.

B. Bunker Hill Floor Area Payment Trust Fund.

Funds held in the Bunker Hill Floor Area Payment Trust Fund shall be disbursed in accordance with the provisions of Los Angeles Administrative Code Section 5.566 and as recommended by a committee comprised of one representative from each of the following: the City Council Office for the City Council District in which the Receiver Site is located, the Department of City Planning, the Mayor’s Office, the Chief Administrative Officer, the Chief Legislative Analyst, and the Neighborhood Council for the area in which the Receiver Site is located, in accordance with the procedure previously established for the Bunker Hill Floor Area Payment Trust Fund, and for use on projects or programs providing a Public Benefit as defined in this Specific Plan and which benefit the Bunker Hill Specific Plan Area.

Section 8. LAND USE REGULATIONS AND DESIGNATION OF SUBAREAS

A. Designation of Subareas and Existing Floor Area Rights. The Specific Plan area is divided into Subareas, as shown and designated on Map B and in Table 1, below.

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Map B – Subarea Map

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Table 1.

EXISTING FLOOR AREA RIGHTS IN BUNKER HILL BY SUBAREA1

Bunker Hill Subarea Existing Floor Area Rights

2

(square feet)

Existing Built Floor Area (square feet)

Existing Unbuilt Floor Area (square

feet)

A 560,000 560,000 0

B 270,000 270,000 0

E 1,080,000 1,080,000 0

H 0 0 0

C 420,000 420,000 0

D 630,000 630,000 0

F 330,000 330,000 0

G 1,170,000 1,170,000 0

I 1,620,000 1,331,394 288,606

J1 770,000 770,000 0

J2 75,000 75,000 0

K 271,000 271,000 0

L, M2, Q, W1, W23 3,204,000 0 3,204,000

M1 350,000 350,000 0

R1 50,000 50,000 0

R2 240,000 240,000 0

N & O 2,320,000 2,320,000 0

P2 625,000 625,000 0

S, T, U 2,892,000 2,892,000 0

Y1 1,390,900 0 1,390,900

V4 562,152 0 562,152

X1-2, Y2 850,000 850,000 0

Totals 19,680,052 14,234,394 5,445,658

Maximum Permitted Floor Area in Specific Plan

22,927,626

Additional Floor Area Rights Available for Allocation

3,247,574

Notes: 1. This table may be updated by the Director to reflect approved Allocations of Floor Area and development status. 2. Existing Floor Area Rights are pursuant to past CRA/LA actions, including Disposition and Development Agreements (DDAs). 3. Subareas L, M2, Q, W1, and W2 have 3,204,000 square feet of Existing Floor Area Rights, pursuant to an approved Development Agreement. 4. Subarea V has 562,152 square feet of Existing Floor Area Rights based upon a pre-existing FAR of 6:1, as it was never under public ownership as part of the former Bunker Hill Redevelopment Plan.

B. Maximum Permitted Floor Area Ratio. The maximum Floor Area Ratio of a

Project shall not exceed 13 to 1, as defined in this Specific Plan.

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C. Permitted Uses. The use and area regulations of the underlying zoning as specified in Section 12.12 (“R5” Multiple Family Dwelling Zone), Section 12.14 (“C2” Commercial Zone) and 12.16 (“C4” Commercial Zone), and as further modified in Section 12.22, shall apply as applicable to all lots within the Specific Plan Area. In addition, the following uses shall be permitted:

1. Health Clubs, Gymnasia and Other Similar Uses. Notwithstanding

LAMC Section 12.16, health clubs, gymnasia and other similar uses shall be permitted.

2. Outdoor Eating Areas. Notwithstanding LAMC Section 12.24 A 1(a)(10), outdoor eating areas on all floors of buildings, sidewalk easements and on public sidewalk areas, when in compliance with all other applicable local, state and federal code requirements, shall be permitted. Outdoor eating areas shall be designed in accordance with the applicable urban design standards.

3. Transit Stations and Related Facilities and Uses.

4. Hotels.

5. Notwithstanding LAMC Section 12.16 A.2, Entertainment and

Commercial Recreation Use and Establishments Including Billiards, Bowling Alleys, Live Theaters, Museums, Cinemas, Electronic/Game Arcades, Family Entertainment Centers, In-Line and Ice Skating Rink and similar uses shall be permitted.

D. Use Limitations. The following uses shall be prohibited within the Specific

Plan Area:

1. Freestanding parking structures unless designed to incorporate ground floor commercial uses on adjacent street frontages as required by the applicable urban design standards.

2. Surface parking facilities unless approved as part of a phased

development. 3. Auto-oriented uses, except as an accessory use. 4. Drive-through establishments.

E. Yard and Setback Regulations. No yard requirements shall apply except as required by the applicable urban design standards. Where required by the Downtown Street Standards, a Project shall be required to provide a Sidewalk Easement.

F. Additional Open Space Requirements.

1. Projects that redevelop an entire subarea or block shall be designed to include a public plaza that meets the following requirements: a. Located on the ground level with direct connection to street; b. Open to the public during daylight hours;

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c. A minimum of 5,000 square feet in size; d. Lined with ground floor spaces designed for retail, especially

restaurants that include outdoor dining, and/or cultural uses, along at least 20 percent of its frontage;

e. At least 40 percent landscaped, including usable lawn or lawn alternative; and

f. Includes at least one gathering place with fountain or other focal element.

2. Projects smaller in size than an entire subarea or block shall incorporate publicly accessible open space to the extent feasible, including pedestrian amenities such as focal points, gathering places, and landscaped areas.

3. A 50 percent reduction in the total amount of open space otherwise

required by Section 12.21 G of the LAMC will be granted if a Project includes open space that meets the requirements listed in Subparagraphs C.1 a through f above.

G. Lot Area. The maximum number of dwelling units or guest rooms permitted shall not be limited by the lot area provisions of the LAMC.

Section 9. URBAN DESIGN REGULATIONS

A. Application of Downtown Design Guide.

The provisions of the Downtown Design Guide: Urban Design Standards and Guidelines, a part of the Central City Community Plan, and which supplements Municipal Code provisions, shall apply to all projects in the Bunker Hill Specific Plan Area. In addition, the supplemental urban design standards of this Chapter apply to all projects in the Specific Plan Area. The provisions of this Specific Plan shall take precedence where there is a conflict with the Downtown Design Guide.

B. Supplemental Urban Design Standards.

1. Setbacks On Retail Streets, as defined in Table 2, and adjacent to ground floor space designed for retail use in other locations, the building street wall, as defined herein, shall be located at or within 5 feet of the back of the minimum average sidewalk width required by the Downtown Street Standards. Adjacent to ground floor space designed for other uses, buildings shall be set back from the back of the required sidewalk, including any sidewalk easement, if required, to provide a buffer between the sidewalk and building, as follows:

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Table 2.

Adjacent Ground Floor Use Minimum Average

Setback Min-Max Range

Retail 0 feet 0 to 5 feet

Professional Office / Live-Work 3 feet 0 to 10 feet

Residential with Individual Entries on Street 6 feet 4 to 12 feet

No setback is required adjacent to ground floor retail; however, a project may set back within the specified range. The setback adjacent to professional office or live-work ground floor uses should include some landscaping, which may be in pots or planters. The setback adjacent to ground floor residential uses with individual entries on the street should include at least 50 percent landscaping. The ground floor street wall (primarily entries and display windows) may set back farther than the specified range, provided that structural columns and building walls above the ground floor are located within the specified range. 2. Ground Floor Treatment On Retail Streets, ground floor space with a linear frontage equal to at least 50 percent or 75 percent of street frontage, as specified below, shall be designed to accommodate retail, professional office, and live-work uses: Table 3.

Streets Designated as Retail Streets

Percent of Project’s Street Frontage Along Which Ground Floor Space Must Be Designed To Accommodate Retail, Professional Office, or

Live-Work Uses

Figueroa Street 50 %

Flower Street 50 %

Hope Street 75 %

Grand Avenue 75 %

Olive Street (1st to 4th) 50 %

Olive Street (4th to 5th) 75 %

Hill Street 75 %

1st Street (Grand to Hill) 50 %

2nd Street (Olive to Hill) 75 %

4th Street (Grand to Olive) 50 %

4th Street (Olive to Hill) 75 %

5th Street 75 %

The above street frontage requirement shall be calculated excluding any frontage utilized for permitted vehicular access driveways or for access to a Fixed Rail Transit Station. Required ground floor space may be located along a courtyard or plaza, provided the retail frontage is visible from the sidewalk.

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3. Massing and Street Wall In order to define the public realm and provide a comfortable scale for pedestrians along the street, building walls along the sidewalk (street walls) should be designed as follows:

Table 4.

Street Type Minimum Percent of Project

Frontage To Be Lined With Building Street Wall At Back of Setback

Minimum Street Wall Height

Retail Streets 80% 25 feet

Other Streets 70% 25 feet

Walls above the ground floor that step back less than 15 feet from the ground floor street wall are considered to be part of the street wall. Subject to approval of the Director, frontage along courtyards or plazas that are open on one side to the street and lined with ground floor uses may be counted as street wall. A portal for a Fixed Rail Transit Station may also be counted as street wall.

Section 10. PEDESTRIAN PLAN

A. Purpose. The purpose of this Section is to set forth a plan for an integrated network of pedestrian linkages throughout the Specific Plan area. Map C shows the general location of the pedestrian linkages. The network of linkages, and the provisions hereinafter set forth to implement such a network, shall be applicable to all Projects and to all properties within the Specific Plan Area, as more particularly designated on Map C.

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MAP C – Pedestrian Plan

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B. Implementation of Pedestrian Plan. 1. Pedestrian Linkages shall be constructed in accordance with the following

design standards:

a. Pedestrian Walkways and Pedestrian Crossings shall be constructed in or near the approximate locations designated on Map C.

b. Pedestrian Walkways shall be constructed of a hard, durable surface and shall be 15 feet wide at a minimum and 20 feet wide on average; provided, however, the City Engineer may require a greater width if such is necessary to carry anticipated pedestrian traffic.

c. Pedestrian Walkways shall be designed to be wholly contiguous and completely accessible to the public upon full implementation of a linkage between two public rights of way.

d. The Pedestrian Corridor shall be open to the public during normal business hours, but there may be private access to the Corridor.

e. The use of any components of the Pedestrian Corridor by the public shall not be revoked by the owner of any building without the prior written approval of the Director of Planning and the City Engineer. Such approval shall be given only if (1) the buildings or other improvements to be served by such components have been demolished, or (2) a particular component presents a danger to public safety.

2. Any changes in the approximate location of the Pedestrian Corridor shall

be subject to approval of the Director of Planning, who shall find that any such change conforms to the spirit and intent of the Specific Plan and will provide equal or better pedestrian access and safety.

3. Additional sidewalk easements shall be required as specified in the adopted Downtown Street Standards.

Section 11. TRANSPORTATION AND PARKING REGULATIONS

A. Parking Regulations. 1. Supersedes LAMC requirements. Where this Specific Plan contains

language or standards that require more parking or permit less parking than LAMC Section 12.21, this Specific Plan shall supersede the LAMC.

2. This Specific Plan shall permit shared use parking and reduced parking

standards as specified in this Section. Parking which is assigned to a particular Project or lot may be located anywhere within 1500 feet of the Project site.

3. Parking standards. Notwithstanding the provisions of Section 12.21 of

the Code and regardless of the underlying zone, the following parking standards shall apply to uses within the Specific Plan area:

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a. Residential. Minimum of 0.5 spaces per unit for studio units and 1.0 space per unit for all other units.

b. Guest Rooms. Minimum of 0.5 spaces per room for the first 20 rooms, 1/6 spaces per room for the next 20 rooms, and 1/8 spaces per room for the remainder number of rooms.

c. Office. Minimum of 0.6 spaces per 1,000 square feet. d. Other Commercial Uses. No minimum parking requirement for the

first 15,000 square feet of ground floor commercial uses. After the first 15,000 square feet, at least 1 space per 1,000 square feet.

Notwithstanding the above, for Projects within 1500 feet of a Fixed Rail Transit Station, as measured from a Project’s exterior lot line to the nearest station entrance, the following parking standards shall apply: a. Residential. Minimum of 0.25 spaces per unit for studio units and 0.5

spaces per unit for all other units. b. Guest Rooms. No minimum parking requirement. c. Commercial. No minimum parking requirement.

4. Unbundling of Parking and Cash-out Requirement. The bundling of a parking space to a particular residential unit is not required in the Specific Plan area. To incentivize transit use, commercial projects shall include a plan to allow the cashing-out of any parking subsidies provided by an employer in the event an employee does not require parking.

Section 12. USES AND BUILDINGS MADE NON-CONFORMING BY THIS SPECIFIC

PLAN

Any legally existing uses, buildings or structures which are made nonconforming by establishment of this Specific Plan shall be deemed to be legal, non-conforming uses and may continue to exist without termination. Legal, nonconforming uses may not be expanded.

Section 13. GRANDFATHERING

A. Floor Area. Floor area rights granted to Projects as a result of an Owner Participation Agreement or Disposition and Development Agreement or a Contract for Sale or Lease of Land for Private Development, approved by the Community Redevelopment Agency Board and/or the City Planning Commission, pursuant to the former Bunker Hill Redevelopment Plan prior to its expiration shall be considered vested and shall be exempt from the provisions of this Specific Plan.

B. Entitlements. Projects with valid entitlements that were granted prior to the effective date of this Ordinance shall be exempt from the provisions of this Specific Plan.

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Section 14. INTERPRETATION

Whenever any ambiguity or uncertainty exists related to this Specific Plan or the application of this Specific Plan so that it is difficult to determine the precise application of these provisions, the Director shall, upon application by an owner, operator or lessee, issue written interpretations on the requirements of the Specific Plan consistent with the purpose and intent of this Specific Plan.

Section 15. SEVERABILITY

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