The Hardship Exemption Application is the City of Los Angeles form a property owner uses to ask the City Council for relief from an Interim Control Ordinance (ICO) on the grounds of hardship. It is filed with the Office of the City Clerk and is reviewed by the Planning and Land Use Management Committee (PLUM) before the full City Council acts. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form and its filing rules come from the City of Los Angeles.
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What is Hardship Exemption Application – Los Angeles, CA?
The Hardship Exemption Application is the City of Los Angeles form on which a property owner, or the owner's representative, asks the City Council for a hardship exemption from an Interim Control Ordinance (ICO) that restricts what can be done with a property.
The form identifies the ordinance (ICO area, Council File No., Interim Control Ordinance No. and effective date), the owner, the property, its zoning, permit history and land use designation, the current use and the proposed project. The applicant then explains why a hardship exists and may add an economic analysis. The form states that the Department of City Planning Master Land Use Application is not required.
The application is filed with the Office of the City Clerk, which notifies the relevant Council Office and the Chair of PLUM. PLUM makes a recommendation and the City Council acts on the request. The form states that there is no deadline by which the City Council must act.
The City of Los Angeles Office of Finance's tobacco retailer page ties this form to one specific ordinance: relief from the Smoke & Vape Shop Interim Control Ordinance (Ord-188977), which applies within Council District 15, can be granted only by the City Council as a hardship exemption, and is requested on forms provided by the Department of City Planning. Granting an exemption is not a building permit. Once an exemption is granted, the applicant must still pursue Building and Safety permits and other City department approvals needed to complete the project.
Who needs to file Hardship Exemption Application – Los Angeles, CA?
The record owner of a property affected by an Interim Control Ordinance who wants the City Council to grant a hardship exemption files this application. The signature block is for the Applicant (Record Owner), and the form has separate lines for an Applicant's Representative, so an owner may have a representative handle the filing and sign as well.
Points that decide whether the form fits your situation:
- The form asks for the ICO area, the Council File No. and the Interim Control Ordinance No., so you need an ordinance that applies to your property.
- Proof of ownership is required when you submit the application; a recorded grant deed or a City Clerk ownership records printout is acceptable.
- If you own other parcels within 300 feet of the property, you answer Yes to the ownership question and add a map.
For the Smoke & Vape Shop ICO, the Office of Finance page says the prohibition does not cover grocery stores, convenience stores, gas stations or similar retail establishments (provided tobacco sales are not the primary use), or cannabis establishments, so those businesses are not the ones seeking relief through this route.
When to file Hardship Exemption Application – Los Angeles, CA
File the application when you need relief from an Interim Control Ordinance that applies to your property and you are ready to include the attachments the form lists. The form prints no filing deadline for the applicant, and it states that there is no deadline in which the City Council must act on a filed application.
Timing rules that follow filing:
- The Office of the City Clerk waits for the Council Office to schedule the application for PLUM, which meets on Tuesdays at 2:30 p.m.
- After PLUM makes its recommendation, the matter is scheduled for the full City Council.
- If the City Council holds a public hearing, you must notify neighboring owners and occupants and post notice on the property at least ten days before the hearing date.
The Smoke & Vape Shop ICO described by the Office of Finance has its own effective period set by the City Council, so check the status of your ordinance before you file.
Documents you need
- Proof of ownership, submitted with the application: a recorded grant deed or a City Clerk ownership records printout is acceptable.
- A map showing the location and boundaries of the property for which the exemption is requested (item a).
- A Plot Plan showing the building footprint, parking plan, landscaping, balconies, driveways, any amenities, etc. (item b).
- An Elevation Plan that includes dimensions for all views (item c).
- Building Plans; if the Department of Building and Safety has accepted them, list the Plan Check No. and Submittal Date (item d).
- A Project History summary with dates and descriptions of meetings, negotiations, expenditures, commitments, etc. (item e).
- Photographs of the subject property and all surrounding property, not over 8 ½ x 11 inches but large enough to show condition and physical context (item f).
- A map of the property and of your other ownerships, only if you answer Yes to owning any interest in other parcels within 300 feet.
- A separate-sheet statement of hardship if the space on the form is not enough; an economic analysis may also be submitted.
- Any additional information needed (item g). The list applies unless City staff instruct otherwise.
- A sworn declaration or affidavit proving the required notice, presented at the public hearing, only if the City Council holds one.
How to fill out Hardship Exemption Application – Los Angeles, CA
Identify the Interim Control Ordinance
Enter the ICO Area, Council File No., Interim Control Ordinance No., any Additional Interim Control Ordinance No. and the Effective Date.
Enter the applicant's details
Under Applicant (Record Owner), write the owner's name, Telephone, Applicant Mailing Address and Email Address.
Add the representative, if any
If someone acts for the owner, complete Applicant's Representative, Telephone, Representative's Mailing Address and Email Address.
Describe the property
Enter the Property Address, Lot Area (sq. ft.), Legal Description and Structure/Building Construction Date.
Enter zoning and permit history
Fill in Existing Zone (ZIMAS), Permit History (including permit numbers) and the Existing Land Use Designation from the Department of City Planning.
Describe current use and proposed project
For current use, include size in square feet, height and ancillary structures such as garages. For the proposed project and use, include size in square feet, height, etc.
Explain the hardship
Answer why you believe a hardship exists for which an exemption should be granted. Attach a separate sheet if needed; an economic analysis may also be submitted.
Answer the 300-foot ownership question
Check Yes or No for any ownership interest in other parcels within 300 feet. If Yes, submit a map showing the subject property and the other ownerships.
Prepare the filing attachments
Gather items a through g: map, Plot Plan, Elevation Plan, Building Plans, Project History, photographs and any additional information, plus proof of ownership.
Sign and date the application
The Applicant (Record Owner) signs and dates the statement that the information is true and correct to the best of their knowledge; the Representative signs and dates on the line below.
Review and download the completed PDF
Check every entry against your attachments, then download or print the completed PDF from FillingPDF and file it as described under How to submit.
How to submit Hardship Exemption Application – Los Angeles, CA
File the completed application, with all attachments, in person or by delivery at the Office of the City Clerk. The form names no other channel and no online portal.
- Where to file: Office of the City Clerk, Planning and Land Use Management Committee, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012. Phone: (213) 978-1133.
- Fee: the form states there is no filing fee.
- At filing: bring proof of ownership, such as a recorded grant deed or a City Clerk ownership records printout.
- Where to get the form: the Department of City Planning Development Services Center, 201 N. Figueroa, 4th Floor, Los Angeles, CA 90012, (213) 482-7077; the Valley Planning Counter, 6262 Van Nuys Boulevard, Suite 251, Van Nuys, CA 91401, (818) 374-5050; the Office of the City Clerk; and the Department of Building and Safety Construction Service Centers.
After filing, the City Clerk notifies the Council Office and the PLUM Chair. PLUM meets Tuesdays at 2:30 p.m. in Room 350 (3rd Floor) of City Hall; the City Council meets Tuesdays, Wednesdays and Fridays at 10:00 a.m. in the John Ferraro Council Chamber, Room 340. Agendas are on www.lacity.org under Council Calendar. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing at the Department of City Planning counter instead of with the Office of the City Clerk, which is where the form says to file.
- Submitting the application without proof of ownership; a recorded grant deed or City Clerk ownership records printout is needed at submittal.
- Leaving out attachments a through f (map, Plot Plan, Elevation Plan, Building Plans, Project History, photographs) when City staff have not said otherwise.
- Answering Yes to ownership of other parcels within 300 feet without adding a map of those ownerships.
- Using photographs larger than 8 ½ x 11 inches.
- Skipping the Plan Check No. and Submittal Date when Building and Safety has already accepted the plans.
- Failing to notify abutting, across-the-street and common-corner owners and occupants, or to post notice on the property, at least ten days before a hearing.
- Having no sworn declaration or affidavit proving that notice at the hearing, which the form says is grounds to deny the application.
- Leaving the signature and date lines blank for the Applicant (Record Owner) or the Representative.
Frequently asked questions
What is the Hardship Exemption Application in Los Angeles?
It is the City of Los Angeles form for asking the City Council to grant a hardship exemption from an Interim Control Ordinance (ICO). The applicant describes the property, the current use, the proposed project and why a hardship exists. The Office of the City Clerk receives it.
Is the Hardship Exemption Application a Los Angeles property tax form?
No. It is not a Los Angeles property tax form. It asks the City Council for an exemption from an Interim Control Ordinance that restricts the use or development of a property, and it is filed with the Office of the City Clerk.
Where do I file the Hardship Exemption Application?
File it with the Office of the City Clerk, Planning and Land Use Management Committee, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012. The phone number printed on the form is (213) 978-1133.
Is there a fee to file a hardship exemption application?
No. The form's instructions state that there is no filing fee for filing the application with the Office of the City Clerk.
Do I need the City Planning Master Land Use Application?
No. The form notes twice that the Department of City Planning Master Land Use Application is not required. You complete the Hardship Exemption Application and include the listed attachments instead.
How long does the City Council take to decide?
The form sets no time limit: it says there is no deadline in which the City Council must act. The application goes to PLUM when the Council Office schedules it, then PLUM's recommendation goes to the full City Council.
Do I have to notify my neighbors?
Only if the City Council holds a public hearing. After you are notified of the hearing, you must notify abutting, across-the-street and common-corner owners and occupants, and post notice on the property, at least ten days before it.
Can I fill out the Hardship Exemption Application online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the application; you file it with the Office of the City Clerk.
What happens after a hardship exemption is granted?
The exemption does not replace permits. The applicant must still pursue Building and Safety permits and any other City department approvals needed to complete the project.
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