Developers
To protect the integrity of City elections and decisions and avoid the appearance of undue influence, City laws limit gifts and political contributions from certain persons associated with certain land use planning processes. To foster compliance with those limitations, applicants on specific types of entitlements are required to register with the Ethics Commission and disclose information about themselves and the associated property owners and principals. These parties are collectively referred to as restricted developers.
REQUIREMENTS
When an application for a significant planning entitlement is submitted to the Planning Department, City law imposes disclosure requirements and contribution bans. A “significant planning entitlement” means any of the following planning approvals that are not solely ministerial:
| Significant Planning Entitlement | Case Prefix, Suffix, or Reviewing Division | |
|---|---|---|
| A. | Density Bonus, On Menu | DB |
| B. | Density Bonus, Off Menu | DB |
| C. | Development Agreement | DA |
| D. | General Plan Amendment | GPA |
| E. | Height District Change | HD |
| F. | Major Development Project | Review by Major Projects Division |
| G. | Oil Drilling District Establishment | O |
| H. | Sign District Establishment | SN |
| I. | Site Plan Review | SPR |
| J. | Specific Plan Establishment | SP |
| K. | Tentative Tract Map | TT |
| L. | Transfer of Floor Area Rights | TDR |
| M. | Transit Oriented Communities Affordable Housing Incentive | TOC |
| N. | Vesting Tentative Tract | VTT |
| O. | Vesting Zone Change | VZC |
| P. | Zone Change | ZC |
| Q. | Zone Variance where Area or Citywide Planning Commission is the initial decision maker | (APC and ZV) or (CPC and ZV) |
Applicants are required to register significant planning entitlements with the Ethics Commission. General data from each application will be displayed on the Restricted Developer Master Portal.
The planning application is not complete and will be on hold until registration is complete and the applicant has received a confirmation receipt from the Ethics Commission.
Applicants must file Form 65 (Restricted Developer Registration) online, through the Restricted Developer Filing System (RDFS). Applicants are required to disclose information about themselves and about the property owners and principals associated with the significant planning entitlement. Applicants, property owners, and principals on significant planning entitlements are considered to be restricted developers.
Principals include all of the following for both the applicant and the property owners: board chair; president; chief executive officer; chief financial officer; chief operating officer; individual who serves in the functional equivalent of one of those positions; person who owns 20 percent or more; and individual authorized to represent the applicant or property owner before the Planning Department.
If any information in Form 65 changes, the applicant is required to amend the form within 10 business days after the change occurs.
LIMITATIONS
A person qualifies as a restricted source if, among other things, the person:
- Has or, in the prior 12 months, had a proceeding involving a permit or other entitlement for use pending before an officeholder, a City official, the City Council, a committee, a commission, a board, or another body.
- Attempted to influence an officeholder or City official during the prior 12 months in any City action that would have a material financial effect on the person.
A restricted developer who qualifies as a restricted source cannot give gifts totaling more than $100 in a calendar year to an officeholder or City official before whom (or before whose body) the restricted developer had a permit or entitlement pending in the previous 12 months or to an officeholder or City official the restricted developer attempted to influence in the previous 12 months. If a restricted developer also qualifies as a lobbyist, it cannot give a gift of any value to those individuals.
Restricted developers are prohibited from making campaign contributions to the Mayor, the City Attorney, a City Council member, a candidate for any of those offices, or a City committee for those offices controlled by any of those individuals.
The prohibition begins the day the application is submitted to the Planning Department. The prohibition ends 12 months after the date a letter of determination is issued or, if no letter is issued, the date the decision on the application is final.
DEBARMENT
In addition to any other penalties or remedies that may apply, a restricted developer who violates or aids or abets a violation of the disclosure requirement or contribution ban may not be an applicant, property owner, or principal on a new planning application for 12 months after the determination of violation by the Ethics Commission. If the Ethics Commission, as a body, determines that mitigating circumstances exist concerning the violation, the debarment may not apply.
SUMMARIES
The Ethics Commission will publish summary information about the Restricted Developer Contribution Program here.
- Applicants
- Property Owners
- Principals
FREQUENTLY ASKED QUESTIONS
For questions regarding specific scenarios, please contact us prior to taking action.
When does the registration requirement take effect?
The requirement takes effect June 8, 2022.
I submitted a planning application before June 8. Do I have to register?
Registration is required for any pending project that meets the requirements, even if the application was submitted before June 8.
If I am required to register my project with the Ethics Commission, am I prohibited from making political contributions?
Yes. The applicant, property owners, and their principals are prohibited from making campaign contributions to the Mayor, the City Attorney, a City Council member, a candidate for any of those offices, or a City committee controlled by any of those individuals.
How long am I prohibited from making political contributions?
The prohibition begins on the day the application is submitted to the Planning Department, and it ends 12 months after the day a letter of determination is issued or, if no letter is issued, the day the decision on the application is final.
Does the prohibition apply to contributions made to LAUSD candidates or committees?
No.
Does the prohibition apply only to contributions made to committees created after June 7?
It applies to all City committees controlled by the Mayor, the City Attorney, a City Council member, or a candidate for any of those offices, regardless of when they were created.
I am required to register my project, but I made a contribution before June 8. Is that ok?
Contributions made prior to June 8, 2022, are not subject to the requirement.
Who in my organization is prohibited from making contributions?
The applicant and the property owners identified in the planning application are prohibited from making contributions, and so are their principals. A principal includes the following for an applicant or property owner:
- Board chair
- President
- Chief executive officer
- Chief financial officer
- Chief operating officer
- Individual who serves in the functional equivalent of one of those positions
- Person who owns 20 percent or more
- Individual authorized to represent before the Planning Department
If there is a change in my organization's leadership, am I required to amend my registration?
Yes, you must amend your registration within 10 business days after a change occurs.
If I am not required to register with the Ethics Commission, can I make a contribution?
Yes, you may make contributions subject to the applicable contribution limits.
How can I find out which developers are prohibited from making political contributions?
General data from each application will be displayed on the Restricted Developer Master Portal. Registrations, applicants, owners, and principals can be viewed and searched through the Public Data Portal.
REQUIREMENTS
When an application for a significant planning entitlement is submitted to the Planning Department, City law imposes disclosure requirements and contribution bans. A “significant planning entitlement” means any of the following planning approvals that are not solely ministerial:
When an application for a significant planning entitlement is submitted to the Planning Department, City law imposes disclosure requirements and contribution bans. A “significant planning entitlement” means any of the following planning approvals that are not solely ministerial:
Applicants are required to register significant planning entitlements with the Ethics Commission. General data from each application will be displayed on the Restricted Developer Master Portal.
The planning application is not complete and will be on hold until registration is complete and the applicant has received a confirmation receipt from the Ethics Commission.
Applicants must file Form 65 (Restricted Developer Registration) online, through the Restricted Developer Filing System (RDFS). Applicants are required to disclose information about themselves and about the property owners and principals associated with the significant planning entitlement. Applicants, property owners, and principals on significant planning entitlements are considered to be restricted developers.
Principals include all of the following for both the applicant and the property owners: board chair; president; chief executive officer; chief financial officer; chief operating officer; individual who serves in the functional equivalent of one of those positions; person who owns 20 percent or more; and individual authorized to represent the applicant or property owner before the Planning Department.
If any information in Form 65 changes, the applicant is required to amend the form within 10 business days after the change occurs.
LIMITATIONS
A person qualifies as a restricted source if, among other things, the person:
- Has or, in the prior 12 months, had a proceeding involving a permit or other entitlement for use pending before an officeholder, a City official, the City Council, a committee, a commission, a board, or another body.
- Attempted to influence an officeholder or City official during the prior 12 months in any City action that would have a material financial effect on the person.
A restricted developer who qualifies as a restricted source cannot give gifts totaling more than $100 in a calendar year to an officeholder or City official before whom (or before whose body) the restricted developer had a permit or entitlement pending in the previous 12 months or to an officeholder or City official the restricted developer attempted to influence in the previous 12 months. If a restricted developer also qualifies as a lobbyist, it cannot give a gift of any value to those individuals.
Restricted developers are prohibited from making campaign contributions to the Mayor, the City Attorney, a City Council member, a candidate for any of those offices, or a City committee controlled by any of those individuals.
The prohibition begins the day the application is submitted to the Planning Department. The prohibition ends 12 months after the date a letter of determination is issued or, if no letter is issued, the date the decision on the application is final.
DEBARMENT
In addition to any other penalties or remedies that may apply, a restricted developer who violates or aids or abets a violation of the disclosure requirement or contribution ban may not be an applicant, property owner, or principal on a new planning application for 12 months after the determination of violation by the Ethics Commission. If the Ethics Commission, as a body, determines that mitigating circumstances exist concerning the violation, the debarment may not apply.
SUMMARIES
The Ethics Commission will publish summary information about the Restricted Developer Contribution Program here.
- Applicants
- Property Owners
- Principals
FREQUENTLY ASKED QUESTIONS
For questions regarding specific scenarios, please contact us prior to taking action.
When does the registration requirement take effect?
The requirement takes effect June 8, 2022.
I submitted a planning application before June 8. Do I have to register?
Registration is required for any pending project that meets the requirements, even if the application was submitted before June 8.
If I am required to register my project with the Ethics Commission, am I prohibited from making political contributions?
Yes. The applicant, property owners, and their principals are prohibited from making campaign contributions to the Mayor, the City Attorney, a City Council member, a candidate for any of those offices, or a City committee controlled by any of those individuals.
How long am I prohibited from making political contributions?
The prohibition begins on the day the application is submitted to the Planning Department, and it ends 12 months after the day a letter of determination is issued or, if no letter is issued, the day the decision on the application is final.
Does the prohibition apply to contributions made to LAUSD candidates or committees?
No.
Does the prohibition apply only to contributions made to committees created after June 7?
It applies to all City committees controlled by the Mayor, the City Attorney, a City Council member, or a candidate for any of those offices, regardless of when they were created.
I am required to register my project, but I made a contribution before June 8. Is that ok?
Contributions made prior to June 8, 2022, are not subject to the requirement.
Who in my organization is prohibited from making contributions?
The applicant and the property owners identified in the planning application are prohibited from making contributions, and so are their principals. A principal includes the following for an applicant or property owner:
- Board chair
- President
- Chief executive officer
- Chief financial officer
- Chief operating officer
- Individual who serves in the functional equivalent of one of those positions
- Person who owns 20 percent or more
- Individual authorized to represent before the Planning Department
If there is a change in my organization's leadership, am I required to amend my registration?
Yes, you must amend your registration within 10 business days after a change occurs.
If I am not required to register with the Ethics Commission, can I make a contribution?
Yes, you may make contributions subject to the applicable contribution limits.
How can I find out which developers are prohibited from making political contributions?
General data from each application will be displayed on the Restricted Developer Master Portal. Registrations, applicants, owners, and principals can be viewed and searched through the Public Data Portal.
