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Id.2 The transfer of building density typically was accomplished
by the first landowner’s recording a covenant running with the
land against the first landowner’s property in favor of the
second landowner’s property.3 Neither the City nor CRA
transferred FAR to MTP in connection with Phases I, II, and III
of the Ownership Participation Agreement (OPA)4 between CRA and
MTP under section 418 of the CBD Plan.
2. Buildable Area Limits Imposed by the Los Angeles City
Charter
In addition to the maximum FAR imposed by the CBD and BH
Plans, the Los Angeles City Charter (City Charter) restricted
development to 13 times the buildable area of the building site.
CRA could grant a landowner a variation to exceed the maximum FAR
limits of the CBD and BH Plans; however, CRA could not permit by
variation construction of a building in excess of the City
Charter’s 13-to-1 limitation.
3. Treatment of the Library Square Tract as One Building
Site
Under the City Charter, the Library Tower and Grand Place
Tower parcels were separate building sites. If the Library Tower
and Grand Place Tower parcels were treated as separate building
2See Mitsui Fudosan (U.S.A.), Inc. v. County of Los Angeles,
268 Cal. Rptr. 356, 357-359 (Ct. App. 1990).
3 See id. at 358.
4 See discussion at par. D of the Findings of Fact below pp.
9-11.
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