Official recommendation
RECEIVE and FILE the Los Angeles Department of Transportation (LADOT) report, dated June 5, 2019, attached to the Council file, relative to the status of proposed updates to the City's TMD Ordinance requirements for new developments. FIND that: Based on the independent judgment of the decision-maker, after consideration of the whole of the administrative record, the project was assessed in the previously certified EIR, No. ENV-2013-0911-EIR, SCH No. 2013041012, certified on November 25, 2015 (Council file No. 15-0719); Addendum No. ENV-2013-0911-EIR-ADD1, dated December 3, 2015 (Council File No. 15-0719-S15); Addendum No. ENV-2013-0911-EIR-ADD2, dated March 2016 (Council File No. 15-0719); and pursuant to CEQA Guidelines, Sections 15162 and 15164, and the Addendum No. ENV-2013-0911-EIR-ADD3, dated September 9, 2022, that no major revisions to the EIR are required and no subsequent EIR or negative declaration is required for approval of the Project. The Fee Ordinance and Trust Fund Ordinance do not constitute a "project," as defined by CEQA pursuant to CEQA Guidelines Section 15378(b)(4), which states that a "project" does not include "[t]he creation of government funding mechanisms or other government fiscal activities which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." The adoption of the Fee Ordinance and Trust Fund Ordinance are exempt from CEQA based upon CEQA Guidelines Section 15061 (b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and as such the activity is not subject to CEQA. CONCUR with the action of the Los Angeles City Planning Commission (LACPC) recommending approval of the proposed TMD Ordinance, approved at its meeting of September 22, 2022, attached to the Department of City Planning (DCP) report for Case No. CPC-2021-3141-CA, dated October 24, 2022, attached to the Council file. ADOPT the: Findings of the LACPC as the Findings of Council, attached to the DCP report for Case No. CPC-2021-3141-CA, dated October 24, 2022, attached to the Council file. Proposed TMD Ordinance amending LAMC Section 12.26 J, Transportation Demand Management and Trip Reduction Measures, attached to the DCP report for Case No. CPC-2021-3141-CA, dated October 24, 2022, attached to the Council file. REQUEST the City Attorney, in coordination with the DCP, to: Prepare and present the following: An Ordinance amending LAMC Section 19.15 (Fee Ordinance) (Attachment B - currently titled: Department of Transportation Traffic Study Review, Condition Clearance and Permit Issuance Fees), to incorporate the new and revised fees detailed in the October 26, 2022 LADOT report, attached to the Council file. An Ordinance to: Add Article 33 to Chapter 5 of Division 5 of the Los Angeles Administrative Code (LAAC) to establish a new special fund that combines multiple trust funds to be known as the “Mobility Investment Trust Fund,” as detailed in Attachment C of the October 26, 2022 LADOT report, attached to the Council file, and include revisions to the hotel thresholds as follows: 50 rooms for Level 2 135 rooms for Level 3 Repeal LAAC Article 13.9 of Chapter 5 of Division 5 Neighborhood Traffic Management Trust Fund and LAAC Article 26 of Chapter 5 of Division 5 Bicycle Plan Trust Fund, as detailed in Attachments D and E, respectively, of the October 26, 2022 LADOT report, attached to the Council file. Incorporate the new TDM Ordinance, once it is adopted by City Council, into the New Zoning Code, subject to changes to conform to the format, style, and nomenclature of the New Zoning Code. PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT Recommendations for Council action: CONCUR with the Transportation Committee Recommendation Nos. 2a, 2b, 2c, 3, 4a, 4b, and 5ai, as detailed in the Transportation Committee report. CONCUR with the DCP recommendations contained in the report dated October 21, 2022, and the LADOT recommendations contained in the report dated October 26, 2022, relative to the proposed TDM Ordinance, Trip Reduction Measures, findings, and Environmental findings, as denoted in the Mobility Plan EIR certified on November 25, 2015; and three Addendums. APPROVE the LACPC recommendations in report CPC-2021-3141-CA that includes Exhibit A, (proposed TDM Ordinance), approved at the LACPC meeting on September 22, 2022 (Attachment A), attached to the LADOT report dated October 26, 2022. REQUEST the City Attorney to: Prepare and present an ordinance to add Article 33 to Chapter 5 of Division 5 of the LAAC to establish a new special fund that combines multiple trust funds to be known as the “Mobility Investment Trust Fund” (Fund) (Attachment C), and repeal LAAC Article 13.9 of Chapter 5 of Division 5 Neighborhood Traffic Management Trust Fund (Attachment D) and LAAC Article 26 of Chapter 5 of Division 5 Bicycle Plan Trust Fund (Attachment E), attached to the LADOT report dated October 26, 2022 . Prepare and present a new TDM Ordinance, and thereby repeal the existing ordinance adopted in 1993 (Ordinance No. 168700), as recommended in the DCP report dated October 21, 2022; and, in the LADOT report dated October 26, 2022, attached to the Council file. REFER to the Budget and Finance Committee and INSTRUCT the City Administrative Officer (CAO) to prepare a report with recommendations relative to the proposed New Development Review Fee Ordinance and ‘Mobility Investment Trust Fund’ as recommended in the LADOT report dated October 26, 2022, attached to the Council file; and further, INSTRUCT the CAO to indicate in the report if the recommended fee Ordinance is fully cost recoverable and not expected to negatively impact the General Fund. REQUEST the City Attorney, upon completion of the CAO fee analysis report, to prepare and present the following ordinances: The new Development Review Fee Ordinance A second Ordinance to create a new Special Fund that combines multiple trust funds, to be known as the ‘Mobility Investment Trust Fund’ and thereby repeal the existing “Neighborhood Traffic Management Trust Fund” and the “Bicycle Plan Trust Fund.” REQUEST the City Attorney, in coordination with the DCP and LADOT, to include in the Transportation Demand Management Ordinance, the following: Revise of hotel thresholds to: 25 rooms for Level 1 (currently proposed) 50 rooms for Level 2 (on par with housing) 135 rooms for Level 3 INSTRUCT the DCP to incorporate the ordinance once adopted by the Council, into the LAMC, Chapter 1A (proposed new Zoning Code), and thereby conform to its new format/style. BUDGET AND FINANCE COMMITTEE REPORT CONCUR with the Transportation Committee’s recommendation to receive and file the LADOT report dated June 5, 2019, attached to the Council file. CONCUR with the Transportation and Planning and Land Use Management Committees’ recommendations approved on November 1, 2022 related to the DCP Report dated October 24, 2022 and LADOT Report dated October 26, 2022, attached to the Council file. NOTE and FILE the CAO report dated November 16, 2022, attached to the Council file. Fiscal Impact Statement: None submitted by the DCP. The LADOT reports that the TDM program update includes a cost recovery fee ordinance, and is not expected to impact the General Fund. The City Administrative Officer (CAO) reports that approval of the recommendation in this report will have no impact on the General Fund. With the approval of the new proposed Development Review Fees in the LADOT report dated October 26, 2022, attached to this Council file, LADOT estimates a total of $2.17 million in annual revenue of which $1.74 million will be received as revenue by the General Fund and $430,000 will be received as revenue by the Transportation Review Fee Fund, a fee-supported Special Fund. The proposed fees provide full cost recovery. Financial Policies Statement: The CAO reports that the recommendation in the report complies with the City Financial Policies in that it recommends to note and file this report. Community Impact Statement: For: Mid City West Neighborhood Council North Westwood Neighborhood Council South Robertson Neighborhood Council For, If Amended: Westside Neighborhood Council Council Action dated 2-18-25 Speaker Card(s)_02-12-2025 Motion (Hutt - Yaroslavsky) dated 2-05-25 Communication(s) from Public_08-01-2023 Report from City Administrative Officer dated 11-16-22 Transmittal Letter To Budget & Finance Committee 11-2-22 Report from Planning and Land Use Management Committee_11-01-22 Communication(s) from Public_10-31-2022 Communication(s) from Public_10-31-22 Report from Department of Transportation dated 10-26-22 Report from Los Angeles City Planning Commission dated 10-24-22 Attachment to Report dated 10-24-22 - DCP Letter Attachment to Report dated 10-24-22 - Letter of Determination Attachment to Report dated 10-24-22 - Findings Attachment to Report dated 10-24-22 - Staff Report Attachment to Report dated 10-24-22 - 3rd Addendum to EIR.pdf Attachment to Report dated 10-24-22 - Proposed Ordinance.pdf Attachment to Report dated 10-24-22 - Interested Parties Attachment to Report dated 10-24-22 - Mailing List Community Impact Statement submitted by Mid City WEST Neighborhood Council_10-12-2022 Community Impact Statement submitted by South Robertson Neighborhood Council_07-13-2022 Community Impact Statement submitted by South Robertson Neighborhood Council 04-28-2022 Community Impact Statement submitted by North Westwood Neighborhood Council 02-15-2022 Community Impact Statement submitted by Westside Neighborhood Council_08-12-2021 Report from Transportation Committee 06_25_2019 Report from Department of Transportation 06_05_2019 Council Action 05_11_2018 Speaker Card(s) 05_09_2018 Report from Transportation Committee 05_08_2018 Speaker Card(s) 02_28_2018 Motion 02_23_2018 Speaker Card(s)_03-18-2025