In June 2008, the Los Angeles City Council passed the anti-McMansion ordinance ? technically the Baseline Mansionization Ordinance, making it difficult for property owners to build houses seriously out of proportion to the rest of the neighborhood. Effective June 29, 2008, the Baseline Mansionization Ordinance establishes new regulations for properties citywide zoned single family residential, and primarily focuses on new size and height limitations.
Because the ordinance has already taken effect, there isn?t anything one can do now to lock in or become ?vested? under the old rules. Only if someone submitted a set of development plans and paid their plan check fees prior to June 29, 2008 would those plans continue to be reviewed under the old regulations. That project would remain vested until a permit was issued or 18 months after the plan check fee was paid, whichever came first. Once permits were issued, the project would need to be completed within two years. Those rights would end when the plans changed more than 5% so that one could not have submitted dummy plans and then switched them out for ones they intended to use at a later date.
304,410 single family residential lots are affected by the new ordinance. Under the new law, if one has a lot that is less than 7500 square feet, he can build on 50% of the lot. If the lot is more than 7500 square feet, the square footage of the structure can be 45% of the lot or 3750 square feet, whichever is greater. In addition, portions of the building in excess of 100 feet, with a ceiling height greater than 14 feet count as twice the area (except for stairwells, which are only counted once.) An attic with a ceiling height, or portion thereof, of more than 7 feet counts toward the square footage.
A 20% increase from the square footage the law regularly allows is granted if a) all additional stories are no more than 75% of the largest floor of the primary structure, b) the building is significantly set back from the property line, or c) ?green? building methods are used.
The law grants the zoning administrator discretionary authority that allows for an increase of up to 10% beyond the proposed limits when there are ?special circumstances or hardships?. In addition, for areas where a majority of community members in a quarter of a mile radius wish to raise or lower the square footage requirements, the law allows for the creation of a new ?residential floor area district? that permits neighborhood specific limits that are higher or lower than established by ordinance.
Supporters of this law don?t want the historic feel and ambiance of the neighborhood to be destroyed. Those opposed want to increase the size of their living space by building up and out on their current properties instead of moving to larger homes. Remodeling one?s home is significantly cheaper than purchasing a new home. Those opposed clearly believe that a property owner has the right to do with his/her property what he/she wishes. Beauty is in the eye of the beholder.
Sheri Bienstock is an attorney, real estate broker, and real estate agent with Keller Williams Realty specializing in the Miracle Mile and Hancock Park areas. To express your desire to raise or lower the square footage requirements in your neighborhood, contact Sheri at sbienstock@kw.com.