The Section 3 D Exemption Interpretation

The Mulholland Specific Plan was adopted on May 13, 1992 by Ordinance No. 167,943. Section 3 D of the Plan provides an exemption from the Plan’s provisions for certain projects with prior approvals. On October 15, 1998, the City Planning Department issued an interpretation (Council File 98-1384) addressing the scope of that exemption — specifically, which pre-1992 projects qualify as exempt based on the type of approval previously obtained.

Per the source materials, the Interpretation addresses the distinction between discretionary entitlements and ministerial permits in determining §3 D exempt status. A claim of §3 D exemption based on a pre-effective-date building permit alone — without a corresponding discretionary entitlement — does not by itself establish exempt status under the Interpretation as described in the source materials.

Owners and brokers occasionally encounter property files showing a building permit issued before June 29, 1992 and assume the property is exempt from the Specific Plan. The Interpretation addresses whether such permits qualify for §3 D exemption.

An incorrect exemption claim discovered late in the project can void permits, trigger correction cycles, and require Project Compliance review with the DRB on a project that was designed without considering Specific Plan provisions. The cost of the misstep is borne in design rework, schedule, and entitlement.

• Where §3 D exemption is claimed, documentation of prior discretionary approval — not merely a building permit — before the Specific Plan effective date.
• Verification with Mulholland staff that the claimed exemption is recognized under the current operative interpretation.
• For projects where exemption is uncertain, default routing to Specific Plan compliance and Project Compliance review.
• The full permit history for the property, including discretionary entitlements (variances, conditional use permits, tract maps, parcel maps, environmental approvals) issued before the effective date.

• Treat any §3 D exemption claim as a verification item. Pull the property’s full permit history and look specifically for discretionary approval — not just a building permit — before the Specific Plan effective date.
• Do not rely on a claimed exemption in the project narrative without confirmation through Mulholland staff. The administrative interpretation governing exemption scope should be confirmed as currently operative before reliance.
• Where exemption status is genuinely unclear, design the project to comply with the Specific Plan’s provisions. The exemption can be confirmed during the Director’s review without rework if the design already complies.
• For broker due-diligence, treat a pre-1992 building permit as raising the exemption question, not answering it.

Source: City of Los Angeles Department of City Planning, Section 3 D Exemption Interpretation (October 15, 1998; Council File 98-1384). Mulholland Scenic Parkway Specific Plan, §3 D (exemption clause for projects with prior approvals). Cite with caution: confirm the operative scope of the Interpretation with Mulholland staff before relying on an exemption claim.