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DEPARTMENT OF CITY PLANNING

REVISED RECOMMENDATION REPORT

City Planning Commission Case No.: CPC-2012-3436-DB-SPR

CEQA No.: ENV-2012-3437-MND

Incidental Cases: N/A

Related Cases: N/A

Council No.: 11 – Mike Bonin

Plan Area: Westchester – Playa Southeast Los Angeles

Specific Plan: Los Angeles Coastal Transportation Corridor

Certified NC: Westchester – Playa del Rey

GPLU: General Commercial

Zone: C2-1VL & R1-1

Applicant: 7407 La Tijera Nord, LLC

Representative: Jonathan Lonner – Burns & Bouchard, Inc.

Date: September 26, 2013, Continued from August 8, 2013

Time: After 8:30 AM*

Place: Van Nuys City Hall Council Chamber, 2nd Floor 14410 Sylvan Street Van Nuys, CA 91401

Public Hearing: May 29, 2013

Appeal Status: Pursuant to LAMC Section 12.22-A,25(g)(3), the off-menu affordable housing incentives are not further appealable by any party; pursuant to Section 16.05-E, Site Plan Review is appealable to City Council

Expiration Date:

September 26, 2013

PROJECT LOCATION:

7407 S. La Tijera Boulevard (7401 – 7501 S. La Tijera Boulevard & 5630 W. 74th Street)

PROPOSED PROJECT:

The construction, use and maintenance of a new five-story, mixed-use building, containing 140 residential units, 2,600 square feet of ground floor retail space, 241 parking spaces (including 227 residential spaces and 14 retail spaces), and located on a 51,990 square-foot lot in the C2-1VL and R1-1 Zone. Under the Density Bonus provision of the Municipal Code, the applicant will utilize an 18% Density Bonus to construct 140 units in lieu of 118 units otherwise permitted in the C2-1VL Zone and Parking Option 1 to allow a reduction in required residential parking. Of the 140 units, 127 units will be market rate and 13 units will be restricted to Very-Low Income Households. The project includes one on-menu incentive and two off-menu modifications/waivers of a development standard. The project will provide 18,104 square-feet of open space, composed of a courtyard, a rear yard, amenities (gym and recreation room), and private balconies. Proposed parking will be located on-site, within a three-level, subterranean parking structure. Also related to the project are modification requests of required public street improvements and two proposed off-site traffic improvements. The public street improvement changes will reduce required sidewalk improvements along La Tijera Boulevard to allow for the provision of a 2-foot wide landscape buffer along the perimeter of the building. Along 74th Street, the change will allow for the required 5-foot wide landscaped parkway to be divided providing a 3-foot wide landscaped parkway, with the remaining 2 feet located along the perimeter of the proposed building. The off-site traffic improvements include: 1) the installation of left-turn signalization for the southwest bound direction on La Tijera Boulevard at 74th Street and 2) the re-signalization of an existing traffic signal to install “split phasing” operations on 74th Street at La Tijera Boulevard.

REQUESTED 1. Pursuant to Los Angeles Municipal Code Section (LAMC) 12.22-A,25(d)(1), a Density

Case No. CPC-2012-3436-DB-SPR

ACTION: Bonus to permit a 140-unit rental housing development, with 13 units (or 11%) restricted to Very Low Income Households and 127 market-rate units, with Parking Option 1 to allow 227 on-site residential parking spaces in lieu of the minimum number required per Municipal Code Section 12.21-A,4. a) Pursuant to LAMC Section 12.22-A,25(f)(4), an on-menu incentive to permit an

increase in Floor Area Ratio not to exceed 3:1 in lieu of the otherwise allowable maximum of 1.5:1.

b) Pursuant to LAMC Section 12.22-A,25(g)(3), an off-menu incentive to permit a maximum height of 35 feet in lieu of 25 feet permitted under transitional height requirements for lots located between 0 and 49 feet from the R1 Zone;

c) Pursuant to LAMC Section 12.22-A,25(g)(3), an off-menu incentive to permit a maximum height of 55 feet for in lieu of 33 feet permitted under transitional height requirements for lots located between 50 and 99 feet from an R1 Zone;

d) Pursuant to LAMC Section 12.22-A,25(g)(3), an off-menu incentive to permit an overall maximum height of 56 feet in lieu of the 45 feet otherwise permitted in the C2-1VL Zone;

2. Pursuant to LAMC Section 16.05-E, Site Plan Review for a project creating more than 50

residential dwelling units, and

3. Pursuant to Section 21082.1(c)(3) of the California Public resources Code, adoption of the Mitigated Negative Declaration (MND) for the above referenced project.

RECOMMENDED ACTIONS:

1. Approve Pursuant to Los Angeles Municipal Code Section (LAMC) 12.22-A,25(d)(1), a Density Bonus to

permit a 140-unit rental housing development, with 13 units (or 11%) restricted to Very Low Income households and 127 market-rate units, with Parking Option 1 to allow 227 on-site residential parking spaces in lieu of the minimum number required per Municipal Code Section 12.21-A,4.

2. Approve Pursuant to LAMC Section 12.22-A,25(f)(4), an on-menu incentive to allow a Floor Area Ratio of

3:1 in lieu of the maximum 1.5:1 otherwise permitted in the C2-1VL Zone.

3. Approve Pursuant to LAMC Section 12.22-A,25(g)(3), an off-menu incentive to permit a maximum height of 35 feet in lieu of 25 feet permitted under transitional height requirements for lots located between 0 and 49 feet from the R1 Zone.

4. Approve Pursuant to LAMC Section 12.22-A,25(g)(3), an off-menu incentive to permit a maximum height

of 55 feet for in lieu of 33 feet permitted under transitional height requirements for lots located between 50 and 99 feet from an R1 Zone.

5. Approve Pursuant to LAMC Section 12.22-A,25(g)(3), an off-menu incentive to permit an overall maximum

height of 56 feet in lieu of the 45 feet otherwise permitted in the C2-1VL Zone.

6. Approve Pursuant to LAMC Section 16.05-E, Site Plan Review for a project creating more than 50 residential dwelling units.

7. Adopt the attached Findings.


8. Adopt the Mitigated Negative Declaration No. ENV-2012-3437-MND for the above-referenced project.

9. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City

shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

10. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee is

now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing.

MICHAEL J. LOGRANDE Director of Planning Lisa Webber, AICP, Deputy Director of Planning Daniel Scott, Principal City Planner Jae H. Kim, City Planner Jenna Monterrosa, Hearing Officer Telephone: (213) 978-1383 Telephone: (213) 978-1377 ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 272, City Hall, 200 North Spring Street, Los Angeles, CA 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for

consideration, the initial packets are sent to the week prior to the Commission’s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to these programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213) 978-1247.


TABLE OF CONTENTS

Supplemental Staff Report .................................................................................. SSR-1 Project Analysis ........................................................................................................ A-1

Project Summary Background Issues Urban Design Studio Professional Volunteer Program (PVP) Citywide Design Guidelines and Walkability Checklist Conclusion Conditions of Approval ............................................................................................. C-1 Findings ...................................................................................................................... F-1

General Plan/Charter Findings Density Bonus Compliance Findings Site Plan Review Findings Environmental Findings

Public Hearing and Communications ....................................................................... P-1 Exhibits:

1 – Vicinity Map and Radius Map

2 – Environmental Clearance

3 – Conceptual Plans: site plans, elevations, renderings, and landscape plans

4 – Site and Area Photos

5 – Documentation Supporting the Need for the Requested “Off Menu” Modifications

of Development Standards

6 – Department of Transportation Approval Letter

7 – California Department of Transportation (Caltrans) response to Mitigated

Negative Declaration

8 – Traffic Consultant’s Response to Caltrans Letter

Case No. CPC-2012-3436-DB-SPR SSR-1

SUPPLEMENTAL STAFF REPORT Case No. CPC-2012-3436-DB-SPR is a continued item from the City Planning Commission meeting held on August 8, 2013. At this meeting, the Commission considered a Density Bonus and Site Plan review request for a new five-story, mixed-use building, containing 140 residential units and 2,600 square feet of ground floor retail space. During the meeting, questions were raised regarding various aspects of the project including, proposed subterranean residential units and parking. As a result, staff was directed by the Commission to meet with the applicant to address these issues prior to returning to the City Planning Commission. Staff was instructed to return to Commission on October 10, 2013; however, at its meeting on August 29, 2013, the Commission voted to rehear the case on September 26, 2013 in the Van Nuys City Hall Council Chamber. The following is a description of the concerns raised by the Commission as well as how they have been addressed by the applicant and planning staff. ISSUES RAISED BY THE COMMISSION Subterranean Units

Commission members expressed reservations regarding the legality and livability of proposed subterranean residential units located one level below grade. In addition to commercial and residential parking, the upper garage level will contain 15 residential units. These units will be located along the north and east perimeters of the building that front La Tijera Boulevard and 74th Street and will include the provision of light wells to allow for light and pedestrian egress from the units. At this time, the applicant has not requested relief from any code requirements beyond what has been included on the project’s hearing notice. All project plans, including the construction of proposed subterranean units, will be subject to all requirements of the applicable Building and Fire Codes. As such, the proposed subterranean units have remained in the project plans. Can the building be lifted off the ground by five feet?

The Commission questioned if the entire building could be lifted by five feet in order to increase the amount of light that would enter the proposed subterranean units. The project alternative would not change the overall height of the building, as the proposed subterranean units have required that the building’s height be measured from the floor of the proposed light wells. For the purposes of the project description and the requested off-menu incentives as they relate to height, the lifting of the building by five feet would not require re-notification as the overall height would remain the same. Any proposed height changes from the grade level may, however, create new impacts to the adjacent single family neighborhood that have not been analyzed by CEQA. The general consensus from the neighboring community members and Council District 11 is that the building should not be increased in height. As it was originally proposed, the community has had reservations regarding the height of the building, with the concern being that the building does not match the scale of the adjoining single-family neighborhood. Furthermore, the applicant has explained that raising the subterranean units by five feet would impact the ability of the building to provide ground floor commercial space. As such, the height of the building has remained the same.


The project is over parked. Could the new building be parked at Code and still be supported by the surrounding neighborhood and City Council Office?

The Commission was concerned that the project will provide 71 residential parking spaces in excess of the requirements of the Density Bonus Ordinance. The general apprehension is that over parking the project will promote automobile use, discourage the use of public transit, and increase the cost of development. The applicant was asked by members of the Commission to consider reducing the amount of on-site parking before returning to Commission. The applicant has responded that the provision of parking beyond the Density Bonus requirements was agreed upon in response to concerns from community members that potential inhabitants of the new development would park on the streets of the adjacent neighborhood. At this time, the Certified Neighborhood Council and Council District 11 do not support the reduction of any proposed parking. The general opinion is that, given the project’s location within an area that has limited public transit options, residents in the vicinity of the project are heavily dependent on the use of private automobiles. A reduction of on-site parking would threaten the preservation of the adjoining neighborhood’s quality of life as well as impact the stability of the established neighborhood. As such, the proposed parking has remained the same. CLARIFICATIONS TO THE PROJECT DESCRIPTION The following public street improvements and off-site traffic improvements were mentioned and briefly discussed at the August 8th City Planning Commission hearing; however, due to the fact that they were not a part of the Density Bonus or Site Plan Review request, no formal action was taken at that time. Since the hearing, Council District 11, in consultation with the City Attorney’s Office, has instructed the Department of City Planning to clarify the project description to incorporate these measures and improvements that have been previously discussed at community meetings so as to guarantee that they are a part of the final project approval. The improvements will provide additional privacy for proposed residents, improve the pedestrian right-of-way, and alleviate additional traffic created by the project at the intersection of La Tijera Boulevard and 74th Street. The project description has been hereby revised to incorporate the off-site improvements for the Commission’s consideration. The improvements are not otherwise conditioned in the recommendation report. Public Street Improvements

•••• La Tijera Boulevard: The Bureau of Engineering has recommended that an existing 10-foot wide sidewalk be removed and reconstructed to a new 12-foot width. The revision will allow for a 10-foot wide sidewalk to remain with the addition of a 2-foot wide landscape buffer located along the perimeter of the proposed building.

•••• 74th Street: The Bureau of Engineering has recommended that a 5-foot wide sidewalk be constructed within a 10-foot wide landscaped parkway, thereby creating 5 feet of landscaping and 5 feet of sidewalk. The revision will allow for the 5-foot wide landscaped parkway to be divided providing a 3-foot wide landscaped parkway, with the remaining 2 feet located along the perimeter of the proposed building. This will allow for the 2-foot wide landscape buffer to continue from La Tijera Boulevard on to 74th Street.

Off-Site Traffic Improvements

• La Tijera Boulevard Left Turn Signal: The project will include the installation of a left-turn signal for the southwest bound direction of La Tijera Boulevard at 74th Street. A left-turn pocket presently exists at the intersection; however, the lack of a dedicated left-turn signal


requires vehicles to yield to opposing traffic and causes traffic slowing and a back-up at the intersection. This proposed upgrade will be subject to approval by the Los Angeles Department of Transportation (LADOT).

• 74th Street Re-signalization: The project will include the re-signalization of existing traffic signals to install “split phasing” operations on 74th Street in both directions facing La Tijera Boulevard. The modification will impact traffic traveling along 74th Street by signaling each direction with a green light while the opposing direction is stopped at a red light. This proposed upgrade will be subject to the approval by LADOT.

ADDITIONAL CONDITION

“No Left Turn” Sign

The project initially included the installation of a “No Left Turn” sign posted at the exit of the project, off-site, along 74th Street. However, in consultation with Council District 11 and the City Attorney’s office, the Planning Department has alternatively conditioned the project to install a “No Left Turn” sign on-site, at the point of exit from the parking garage. The sign will be a feature of the property and will be part of the agreed upon operation standards for proposed residents and businesses. The sign will discourage traffic impacts created by the project on the adjoining neighborhood. By encouraging drivers to turn right, rather than left, the traffic created by vehicles cutting through the neighborhood heading west will be reduced and the quality of life for the neighboring single-family residents will be preserved.

Case No. CPC-2012-3436-DB-SPR A-1

PROJECT ANALYSIS

PROJECT SUMMARY The proposed project involves the construction, use and maintenance of a new five-story, approximately 128,072 square-foot, mixed-use building, containing 140 residential units, 2,600 square feet of ground floor retail space, 241 parking spaces, and located on a 47,540 square-foot lot in the C2-1VL Zone. The project will include 13 dwelling units restricted to Very Low Income Households and 127 market-rate units. All on-site parking will be located within a three-level subterranean parking garage, with ingress and egress via a driveway from 74th Street. Proposed residential units will be located on all levels of the new building, including the proposed upper garage level. On this level, 15 atrium units will be located on the north and east sides of the building. All but one unit will face either La Tijera Boulevard or 74th Street, with the fifteenth unit facing the proposed pool area. The units on the atrium level contain light wells, serving as outdoor patio space for units, which allows light to enter the residential units. The project will provide 18,104 square feet of open space, composed of a courtyard, a rear yard, amenities (gym and recreation room), and private balconies. The project has requested an increase in allowable density and a reduction in parking, pursuant to the Government Code 65915 and LAMC Section 12.22-A,25(g)(1). Given the size of the site and the project’s location in the C2-1VL Zone, the project is permitted by-right to construct a maximum of 118 residential units. The Density Bonus Ordinance, however, grants an increase in the permitted density for projects that provide a minimum number of set-aside affordable units. By restricting 11% of the by-right permitted 118 units for Very Low Income Households, the project qualifies for a density bonus increase of 35%, or 41 additional units. While it qualifies for an increase in 35%, the project has requested a density bonus increase of 18%, totaling a maximum of 140 residential units. In addition to an increase in density, the project will utilize Parking Option One for a reduction in parking requirements. Under the Density Bonus Ordinance, a housing development project that provides a minimum number of restricted affordable units, may request up to three “on-menu” incentives, as described in LAMC Section 12.22.-A,25(f). On-menu incentive requests may be for yard/setbacks; lot coverage; lot width; floor area; height; open space; density calculation; averaging of floor area ratio, density, parking or open space, and permitting vehicular access. By providing a minimum of 10% of units restricted for Very Low Income Households, the project may request up to (2) two on-menu incentives. In addition, a project may make requests for waivers or modifications of any development standard that is not on the menu, or “off-menu” incentives. These incentives, however, are not limited in the number of requests and are not required to meet a minimum threshold of restricted affordable units for their application. The requested entitlements for the project include (1) a Density Bonus to a 140-unit rental housing development, with 13 units (or 11%) restricted to Very Low Income Households; (2) Parking Option 1 to allow a minimum of 227 residential parking spaces (composed of one on-site space per each unit with 0-1 bedroom and two on-site spaces per each unit with 2-3 bedrooms, with 71 additional volunteered spaces) in lieu of code-required parking; (3) One on-menu incentive to permit a maximum Floor Area Ratio 3 to 1, or 139,713 square feet, in lieu of the maximum 1.5 to 1, or 69,586.5 square feet, otherwise permitted in the C2-1VL Zone; (4) An off-menu incentive/ modification of a development standard to permit a maximum height of 35


feet in lieu of 25 feet permitted under transitional height requirements for lots located between 0 and 49 feet from an R1 Zone; (5) An off-menu incentive to permit a maximum height of 55 feet in lieu of 33 feet permitted for lots located between 50 and 99 feet from an R1 Zone; and (6) An off-menu incentive to permit a maximum height of 56 feet in lieu of the 45 feet otherwise permitted in the C2-1VL Zone. The applicant is also requesting approval of a Site Plan Review for a project creating more than 50 residential dwelling units.

BACKGROUND The project site is a level, irregular-shaped parcel of land, comprised of seven adjoining lots, totaling 51,990 square feet, and is zoned C2-1VL and R1-1. The commercial zoned portion of the property totals approximately 47,540 square feet after dedications. The R1-1 Zoned portion totals approximately 4,450 square feet and serves as a 10-foot buffer of land between the commercial uses along La Tijera Boulevard and the residential uses along Flight Avenue. The property has an approximate 300-foot frontage on La Tijera Boulevard, a Major Highway – Class II and an approximate 188-foot frontage on 74th Street, a Collector Street. The site is currently improved with a one-story, 4,315 square-foot commercial/restaurant that has long since been vacated; a one-story, 785 square-foot hair/nail salon that was vacated as of February, 2012; a one-story, 2,850 square foot liquor store that operates as Stewart’s Liquor, and an associated surface parking lot. All existing uses will be removed in conjunction with the project. The site previously contained a gas station on the corner, which closed in 1987 with subsequent removal of underground storage tanks, dispensers, and associated piping. The California Regional Water Quality Control Board released a letter, dated November 17, 2011, that stated the site investigation and corrective actions for the underground storage tanks have been completed. The proposed mixed use building will be located entirely on the C2-1VL zoned portion of the property, designated for General Commercial by the Westchester – Playa del Rey Community Plan. The surrounding properties in the general vicinity are a mixture of commercial, single-family residential and public facilities. The site is located approximately 600 feet south west from the San Diego (405) Freeway. Low density commercial and public facilities zoned parcels are located immediately adjacent to the freeway and serve as a buffer between further east and westerly laying single family neighborhoods. La Tijera Boulevard is a heavily trafficked thoroughfare the serves as an alternate route connection between the 405 Freeway and the Los Angeles International Airport. 74th Street intersects La Tijera Boulevard at the project site location, is a Collector Street for the residential neighborhood, and is often used to connect traffic from Sepulveda Boulevard to La Tijera Boulevard. The Los Angeles County Metropolitan Transportation Authority (Metro) Line 102 has a stop on the northwest and southeast corners of 74th Street and La Tijera Boulevard. Line 102 is a Metro Local line that provides service from the City Bus Center at LAX to Palm / Seville in South Gate. The project site is located within the boundaries of the ZI-2427 Freeway Adjacent Advisory Notice for Sensitive Uses, the Los Angeles Coastal Transportation Corridor Specific Plan, and within the LAX Major Employment Center. Surrounding Properties: The immediate surrounding area is generally characterized by single family residential uses, with a cluster of low density commercial uses located immediately adjacent to the San Diego


(405) Freeway. These commercial uses serve as a buffer between the freeway off-ramp and the residential uses located along local and collector streets that run perpendicular and parallel to La Tijera Boulevard. Beyond the project site, and on both sides of La Tijera Boulevard, the rear yards of single-family uses abut the Major Highway. This continues south until the intersection of La Tijera and Airport and Boulevard, where a small commercial node is located. On the east side of the 405 Freeway, approaching Centinela Avenue, La Tijera Boulevard is characterized by single- and multi-family residential and commercial uses. The overall density of residential uses is greater on the east side of the 405 Freeway than on the west side, where the project is located. The northerly and westerly adjoining properties are zoned R1-1 and improved with seven, two-story, single-family residential uses that front along Flight Avenue. The southerly adjoining properties across La Tijera Boulevard, are zoned C2-1VL and are improved with a gas station and single-story restaurant and zoned R1-1 and improved with single-family homes that front along Kittyhawk Avenue. The easterly adjoining property, across 74th Street, is zoned PF-1 and improved with a U.S. Post Office and, across La Tijera Boulevard, is zoned C2-1Vl and improved with a gas station. General Plan: The subject property is within the Westchester – Playa del Rey Community Plan, which designates the site for General Commercial land uses with the corresponding Zones of C1.5, C2, C4, CR, RAS3, and RAS4 and for Low Residential land uses with the corresponding zones of RE9, RS, R1, RU, RD6, and RD5. The property’s zoning is consistent with its land use designation. The applicant is not seeking to modify the zoning or land use designation of the site. Specific Plans and Overlay Districts The subject property is located within the following specific plan and other specially designated area: Los Angeles Coastal Transportation Corridor (Ordinance No. 168,999): The proposed project is subject to the Specific Plan, as it applies to any construction, addition, conversion, change of use, or use of land on a lot in the C, M, or P Zones, which requires the issuance of a building, grading, or foundation permit, and which results in an increase in the number of trips as determined by the Department of Transportation. Project applicants are to refer to the Department of Transportation, West L.A./Coastal Programs Office. Streets and Circulation:

La Tijera Boulevard, adjoining the subject property to the southeast, is a Major Highway - Class II dedicated to a 100-foot width at the project’s street frontage and is improved with curb, gutter and sidewalk. 74

th Street, adjoining the subject property to the east, is a Collector Street, dedicated to a

62-foot width at the project’s street frontage and is improved with a curb, gutter, and sidewalk.


ISSUES Density Bonus. The project site allows for 118 by-right residential units based on a net square footage of 47,540 in the C2-1VL Zone. The Density Bonus Ordinance grants an increase in the permitted density for projects that provide a minimum number of set-aside affordable units. Pursuant to LAMC 12.22-A,25, a graduated, sliding scale of density increases corresponds with the percentage and type of affordable units that is provided. The project will restrict 11% of the by-right, permitted 118 units, or 13 units, for Very Low Income Households, thereby qualifying for a density bonus increase of 35%, or 41 additional units. Rather than maximizing the density, however, the project will increase its permitted density by 18%, or 22 units, to provide a total of 140 units. This is 19 units less than what would have been the maximum 157 units permitted when providing 11% of Very Low Income Units. Of the 22 additional units, 13 units will be restricted to Very Low Income Households and 9 will be market rate. On-Menu Incentives. The applicant is seeking one on-menu incentive to accommodate the proposed development of 140 residential units. The incentive is permitted because the project will restrict more than 10% of the units for Very Low Income Households (11% of the units will be restricted), and is needed to develop the property with the requested density.

Floor Area Ratio (FAR) – In order to qualify for an increase in FAR, the project must qualify for a 35% density bonus increase and be located within the boundaries of a Major Employment Center. The project qualifies for a 35% increase in density and is located within the boundaries of the Los Angeles International Airport, a Major Employment Center. The applicant seeks to construct the proposed 140 residential and 2,600 square feet of ground floor commercial space at a maximum 3:1 FAR in lieu of 1.5:1 FAR, in the C2-1VL Zone. This request allows for a floor area of 139,713 square feet, rather than the permitted 69,586 square feet. The requested FAR is comparable to the typical FAR of 3:1 for many multiple-family residential developments in residential zones and is necessary in order to allow for the permitted number of residential units and commercial spaces. The proposed floor area for the project will be approximately 128,072 square feet, which would be less than 3:1 FAR.

Off-Menu Incentives. The Applicant is seeking two waivers/modifications from development standards that are not listed as on-menu incentives. These modifications are identified as “off-menu” incentives that are required by the project in order to accommodate the proposed development of 140 residential units. The incentives require approval by the City Planning Commission. Off-menu items shall be approved unless it is found that the incentives are not required in order to provide for the affordable housing costs and is found to have a specific adverse impact upon public health and safety or the physical environment. As stated in the project summary, the new building includes the development of 140 residential units. Fifteen of these units are proposed to be located on the upper garage level and all (with exception to one unit on the south side) will face either La Tijera Boulevard or 74th Street. These units are identified as atrium units and will contain light wells that allow for light to enter. Given the proposed configuration, with units located below grade having direct access to the sky, the Department of Building and Safety has determined that the height of the building shall be measured from the bottom of the light wells, where the fifteen atrium units are located. As such, the height of the building will measure at least 10 feet higher than what it measures from grade level. In addition, the existence of the R1-1 Zoned portion of the subject property has further impacted the need for transitional height relief, as the R1 Zone is located 10 feet closer than if the project had requested a zone change over the entire property. As a result of this


measuring, the following off-menu items are needed to develop the property with the proposed density.

Transitional Height – The project seeks to permit:

• A maximum height of 35 feet in lieu of 25 feet permitted for the portion of the proposed building located between 0 and 49 feet of the R1 Zone; and

• A maximum height of 55 feet in lieu of 33 feet permitted for the portion of the proposed building located between 50 to 99 feet of the R1 Zone.

If the building was measured at the grade level of the site, the building’s height would be 25 feet for the portion of the building located between 0 and 49 feet of the R1 Zone, which meets the transitional height limit. If measured at grade level, the portion of the building located within 50 to 99 feet of the R1 Zone would be 44 feet, which is 11 feet higher than what the transitional height limit permits. Overall Height – The project is seeking to permit an overall maximum height of 56 feet (five stories) in lieu of 45 feet, or three-stories permitted in the C2-1VL Zone. As described above, the Los Angeles Department of Building and Safety has determined that the height of the proposed building will be measured from the bottom of the proposed light wells where 15 atrium residential units will be located. If the building was measured at the grade level, the maximum building height will be 45 feet (four stories) high, rather than 56 feet high.

The applicant’s representative has submitted documentation indicating that the elimination of the off-menu height requests would eliminate 26 residential units, reducing the total residential component to 114 units. According to the representative, the alternative would have been for the developer to fully utilize the permitted 35% density bonus and create a 100% multi-family residential project that contained only one-bedroom units. However, this request would have been processed as a Director’s determination and would have not allowed for the extensive input from the community. If approved, the mixed use development will be the tallest building located in the immediate, 500-foot, vicinity of the proposed site. The closest buildings that are comparable in height (three- and four-story) are located on the north and east sides of the 405 Freeway. These multi-family residential buildings range from approximately 1,350 and 1,450 feet away from the project site. They are located in the R3-1 Zone and do not contain a ground floor commercial component. Parking. The proposed project seeks to utilize Parking Option 1 for affordable housing projects as set forth in the Density Bonus Ordinance. Parking Option 1 permits a reduction in required parking at a rate of one on-site space per each unit with 0-1 bedroom and two on-site spaces per each unit with 2-3 bedrooms. Under these requirements, the proposed project requires a minimum of 156 residential parking spaces. Unrestricted street parking is permitted along 74th Street, with the exception to a few areas that are striped red. Zero street parking is permitted along La Tijera Boulevard. In response to parking concerns from neighboring residents, including the Westchester - Playa del Rey Neighborhood Council, that the new development will encourage residents to park in the


adjacent neighborhood, the applicant has agreed to provide 71 additional spaces, for a total of 227 on-site residential spaces. The residential parking will be composed of 133 standard, 19 compact, and 72 tandem spaces. If the parking for the proposed residential component of the project were to be calculated per the requirements of the Los Angeles Municipal Code, given the composition of studio, one-, and two-bedroom units, the project would have been required to provide 194 residential parking spaces. As such, the proposed project will provide more than adequate parking to meet its parking requirements. The parking requirement for the commercial component of the project is 1 space per 250 square feet. The project proposes the construction of 2,600 square feet of commercial space, which requires 10 on-site parking spaces. However, in response to concerns that patrons of the new project will park in the adjacent neighborhood, the applicant will provide 4 additional spaces, for a total of 14 on-site commercial spaces. The commercial parking will be composed of 1 ADA accessible, 9 standard, and 4 compact spaces. The project’s 14 commercial parking spaces are located on the upper of the three subterranean parking levels, along with 35 of the resident-only spaces, with the remainder of the 227 resident-only spaces located on the mid and lower levels of the structure. Within the upper level parking layout, a “roll-up” security gate will separate commercial parking from the resident-only parking spaces. Vehicular Ingress/Egress. The existing site contains three curb cuts along La Tijera Boulevard, a designated Major Highway – Class II, and three curb cuts along 74th Street, a Collector Street. The project will eliminate all but one curb cut located on 74th Street. As such, all vehicular ingress and egress will be via one driveway located on 74th Street. Given that the project has street frontage on 74th Street and La Tijera Boulevard, the project is required by LADOT to access the project by 74th Street because it is a less trafficked street and would result in a smaller impact to traffic circulation. LADOT guidelines state that “the basic principle of driveway location is to minimize possible conflicts between users of the parking facility and users of the abutting street system. The public interest requires optimum capacity of streets and highways to carry traffic with minimum potential for traffic accidents. The safety of pedestrians is also considered. This calls for the minimum number of driveways, consistent with street and lot capacity, located on streets with the least traffic volume, when there is a choice.” Project plans do not indicate any type of access control at the driveway entrance from 74th Street, such as control arms activated by card key or ticket dispensers. As such, the driveway capacity will be increased and will result in a smaller impact to traffic than if cars were required to stop at a gate before entering the structure. Off-Site Traffic Improvements – An approved traffic study found that the proposed project would result in less than significant impacts at any of the six signalized intersections surrounding the project site. The study examined the impacts on traffic levels in the near term “Existing (2012) with project” and in the forecast “Future (2015) with project.” As a result of outreach meetings with the Certified Westchester – Playa del Rey Neighborhood Council and concerns from residents of the surrounding neighborhood, however, the applicant has volunteered various off-site improvements to in an effort to improve the circulation at the intersection of 74th Street and LA Tijera Boulevard. The agreed upon improvements are:

• Developer shall upgrade the signalization at the intersection of 74th Street and La Tijera Boulevard, specifically with regard to the left-turn pocket at W/B La Tijera (into


the Osage neighborhood). Upgrades to include the provision of a left-hand turn-signal from W/B La Tijera to S/B 74th Street (into the Osage Neighborhood)

• Developer shall provide for a phased (3-way) intersection at the intersection of 74th Street and La Tijera Boulevard. Traffic traveling along 74th Street (in either direction) will have a green light while opposing traffic will be stopped at a red light.

• Developer shall post “No Parking” signs along the south side of 74th Street adjacent to the project.

• Developer will coordinate with the Westchester Streetscape Association to formulate and design plans for the rehabilitation and improvement of landscaping along La Tijera Boulevard.

• Developer shall install a “No Left Turn” sign posted at the exit of the project along 74th Street.

These conditions, however, are for reference only as they are not part of the Density Bonus and Site Plan Review requests being considered by the City Planning Commission at this time and must be approved by the Department of Transportation.

URBAN DESIGN STUDIO Prior to application submittal, the applicant’s representative, Jonathan Lonner, met with the Urban Design Studio regarding the proposed project. At the meeting, the project was introduced and was discussed relative to the surrounding community and the proposed design. As a result of the meeting, the applicant incorporated urban design guidelines, as they relate to commercial and mixed-use projects, into the design of the project. The applicant submitted an attachment that identified objectives of the guidelines and listed how the project would fulfill such objectives through building orientation, entrances, building façade and form, building materials, and landscaping, etc. In addition, the applicant submitted information regarding how the project would follow established guidelines for Crime Prevention through Environmental Design. Submitted documentation identifies how the project will adhere to the strategies of 1) Natural Surveillance, by establishing common areas with clear sight lines from and between residential and commercial units that establish a strong visual connection between residential and commercial uses and public areas and by designing apartments to overlook common areas to enhance safety and locating public spaces adjacent to areas of high foot traffic; 2) Natural Access Control, by designing common areas to be centrally located and creating major circulation paths that pass through common areas that area well lit; and 3) Territorial Reinforcement, by encouraging a sense of ownership for tenants through the creation of defined private spaces (entries, patios, balconies, and terraces) and the positioning of units that allow occupants to interact and see unit entries, as well as sidewalks and streets, from within the units. PROFESSIONAL VOLUNTEER PROGRAM (PVP) Planning Department staff met with the Professional Volunteer Program on June 11, 2013. Present at the meeting were staff and interns of the Urban Design Studio, Department of City Planning staff, and three volunteer architects. At the meeting, the project was introduced by the Urban Design Studio and followed by a PowerPoint presentation that discussed the project site, surrounding area, and proposed project design and functionality. The PVP discussed the proposed open space, landscaping, and common areas, as well as general design and massing of the building. The following is list of issues that were raised and the applicant’s representative response:


Open Space: The concern was that focus was on the proposed internal courtyard and not the 10-foot wide buffer that is located along the western perimeter that abuts single-family residences. It was suggested that more focus be placed in this area and that a possible park be constructed in this area for residents. In response, the applicant’s representative stated that, since the R1 Zoned open space area is located adjacent to the single-family residences, the goal is to keep it passive and not activate or encourage active recreational uses. Understanding that the development will intensify and inherently create more noise, the applicant would like to maintain low noise levels in this “buffer” area. The space will be open to residents of the building; however, this area will be space where quiet recreation is encouraged Landscaping: The concern was that the landscaping located about the footprint of the garage was not feasible. It was suggested that staff be assured that the proposed landscaping will thrive given the proposed layout. The applicant’s representative has been reassured by the project’s architects that the proposed landscaping along the 10-foot rear buffer will be viable. Common Areas: Specifically, the architects suggested that the location of the pool was a poor choice because it was not centrally located and very close to La Tijera Boulevard. In response, the applicant stated that the pool was located near La Tijera Boulevard in an effort to reduce the noise levels near neighboring single-family residential uses. Landscaping will be provided within the pool area in an effort to buffer traffic noises from La Tijera Boulevard. Signage: The architects asked about plans for signage, as building plans indicated very minimal signage. The applicant’s representative clarified that when it comes to proposed signage, the applicant has not looked any further than what appears on renderings. The project is not located in a Community Design Overlay Zone or a Specific Plan that requires a further level of review. Signs are planned to be provided via Municipal Code, as the applicant has not yet leased out any of the commercial spaces. General Design and Massing: The architects all suggested that the building appeared large in scale. Looking at the rendering, it was suggested that the position of the windows be altered so they don’t appear to be two-stories in height. Another suggestion was for the applicant’s architects to create voids in the building, possibly an open walkway, in an effort to break up the massing of the building. The applicant’s representative stated that he would share the suggestion of separating the second and third story windows with the applicant. As far as creating large voids in the building, such as walkways, it would require that the height of the building be raised along La Tijera Boulevard to account for lost residential units that would need to be placed on an additional floor level. The atrium units, located below the ground floor level along La Tijera Boulevard and 74th Street, will push the building back 10 feet and create a landscape buffer that reduces the massing from the street edge.


CITYWIDE DESIGN GUIDELINES AND WALKABILITY CHECKLIST The proposed project has been designed with open space, landscaping, outdoor recreation amenities and articulated building elevations. The building is comprised of five stories of residential units, with 2,600 square feet of neighborhood-serving commercial uses and a leasing office located on the ground floor. On-site parking will be located within three subterranean levels. Below is a discussion of the compatibility of the project to the surrounding neighborhood as well as the design of the building and its pertinent features. The project is designed in compliance with the Citywide Design Guidelines for residential and commercial projects and the Walkability Checklist. Citywide Design Guidelines. “The Citywide Design Guidelines have been created to carry out the common design objectives that maintain neighborhood form and character while promoting design excellence and creative infill development solutions.” The Guidelines are intended as a tool in evaluating project applications along with relevant policies from the General Plan Framework and Community Plans. Incorporating the guidelines into a project’s design encourages compatible architecture, attractive multi-family residential districts, pedestrian activity, context-sensitive design, and place-making. The project has been designed in observance of many of the Commercial (pedestrian-oriented / commercial and mixed-use projects) Citywide Design Guidelines goals. The project aligns with the following Citywide Design Guidelines Objectives and incorporates several design principles as discussed below.

Objective 1: Consider Neighborhood Context and Linkages in Building and Site Design The project has been designed to create a strong street wall by locating frontages at the required setbacks. Primary entrances for pedestrians are safe, easily accessible, and are located within proximity to the nearby bus transit stop (Metro Local Line 102) located at the northwest and southeast corners of 74th Street and La Tijera Boulevard. The ground floor commercial uses along La Tijera Bouelvard will maintain a high degree of transparency with the use of unobstructed floor-to-ceiling glass, providing a visual connection to the street. Residential uses will have large sized windows that will serve to break up the massing. The entire building will be thoughtfully transitioned from the adjacent R1 Zoned properties by the proposed tiered roof lines and landscape buffer. Objective 2: Employ High Quality Architecture to Define the Character of Commercial Districts The project includes various design elements that provide scale and interest on the building façade including the use of metal canopies and glass storefront systems. The various wall systems and balconies are used in a layered fashion to provide depth to the façade. Each façade is treated differently to reflect the adjacent properties with the western façade incorporating fewer windows and balconies that have an obstructed view neighboring low density housing. Objective 3: Augment the Streetscape Environment with Pedestrian Amenities Along La Tijera Boulevard, a Major Highway, the applicant will provide a comfortable sidewalk and parkway; at least 10 feet in width to accommodate pedestrian flow and activity. The Bureau of Engineering has requested that the 10-foot wide sidewalk be removed and reconstructed as a 12-foot sidewalk. The applicant has responded and requested that they be permitted to provide a 2-foot wide landscaped parkway between


the subject building’s property line and the 10-foot wide sidewalk. This landscaping, in addition to proposed street trees located in the right-of-way will create a buffer on both sides of pedestrians that will add to pedestrian comfort as well as create visual interest to the building. An additional recommendation from Engineering identifies that a 5’0” sidewalk be constructed within a 10’0” landscaped parkway. The applicant has requested that the 5’0” landscaped parkway be divided to provide 3’0” landscaped parkway, with the remaining 2’0” located within a planting area along the perimeter of the proposed building. This request, however, must be approved by the Bureau of Engineering. Objective 5: Include Open Space to Create Opportunities for Public Gathering There are no existing mature trees located on-site. Significant landscaping will be provided in an interior courtyard as well as within the rear yard that lays adjacent to the neighboring single-family residential units that face Flight Avenue. Both areas will total approximately 8,214 square feet of landscaping. The project will also provide a pool area with surrounding landscaping and private balconies and patios will be provided. In addition, the applicant will seek a revocable permit to provide a landscape buffer between the proposed atrium units and the public sidewalk on 74th Street, providing screening and an additional layer of privacy for proposed residents. The interior courtyard will be significantly shaded and designed to be accessible to all residents. The open area will provide a connection between the on-site gym and then pool and community room. Objective 6: Improve the Streetscape by Reducing Visual Clutter The proposed signage for the commercial portion of the project will be uniformly provided on permanent metal awnings that are relatively small in scale. Only one sign will be provided for each tenant space, in an effort to reduce visual clutter. The applicant has designed the project to reduce the visual appearance of utilities. A separate trash area is located within the ground level of the garage and will therefore not be visible to the general public. As conditioned, recycling bins will be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. The garage will also house the gas meters, mechanical room and electrical room. The buildings transformer will be located along 74th Street, near the entrance to the landscaped area, away from pedestrian visibility.

Walkability Checklist: The Walkability Checklist is a tool used to evaluate projects as they related to pedestrian movement, access, comfort, and safety, thereby contributing to the walkability of the City. It provides a list of recommended approaches that projects should employ to improve the pedestrian environment and in the public right-of-way as well as on private property. The Checklist serves as a guide for gauging a project’s consistency as it relates with the policies contained in the General Plan Framework. The project has incorporated the following Walkability elements:

Sidewalks:

• The project will provide continuous and straight sidewalks; and

• Landscaping will be provided to create a buffer between pedestrians and the atrium units.

• The width of the sidewalk will accommodate pedestrian flow and activity without being wider than necessary.


• Shade producing street trees will be planted in the public right-of-way. Crosswalks / Street Crossings:

• The current street improvements of the project’s intersection include striped crosswalks that have accessible push buttons and existing street lighting.

Building Orientation:

• The building will be located at the property lines facing La Tijera Boulevard and 74th Streets, so as to create a strong street wall.

• The project contains grade level entrances from the public right-of-way for pedestrians. Commercial spaces will remain unlocked during regular business hours.

• The primary entrance to the building is visible from the street and sidewalk that faces La Tijera Boulevard. Pedestrians will have a clear path to the transit stop for the Metro Local Line 102 located at the northwest and southeast corners of 74th Street and La Tijera Boulevard.

Off-Street Parking and Driveways:

• The project maintains continuity of the sidewalk.

• Parking is located within the building, in three levels of subterranean parking. Commercial parking will be easily accessible and separate from residential spaces. Bicycle parking will located on the same level of commercial parking.

• Vehicular ingress and egress will be from one driveway located on 74th Street.

• Where the driveway is located, the project will include a curb cut for pedestrians to continue down 74th Street.

On-Site Landscaping:

• The project will provide canopy trees in the planting areas and in the street.

• In lieu of a widening of the sidewalk on La Tijera Boulevard and 74th Street, the project proposes to add a landscaped parkway between the street and the sidewalk. Along 74th Street, a planter will be provided immediately adjacent to the residential atrium units, so as to provide more shade for pedestrians and more privacy for residents.

• Above ground planters will be located near the commercial tenant spaces, so as to more easily identify entrances.

Building Façade:

• The building façade has been designed to incorporate different textures, colors, materials, and distinctive architectural details that add visual interest and break up the massing, especially between the ground floor level and above.

• The project includes articulated massing that adds scale and interest to the building façade.

• The building a plan include overhead architectural features such as metal awnings and trellises that will provide shade and reduce heat gain.

• The project will contribute to neighborhood safety by incorporating windows at the street level that act as “eyes on the street.

Building Signage and Lighting:

• Signage will be located at a height and size that is easily visible to pedestrians and assists in identifying the structure and its use, and facilities access to the building entrance.


• The pedestrian path around the exterior of the building will be lit by uniform, pedestrian oriented, lantern sconces that will be “dark sky” compliant.

CONCLUSION The project proposes to redevelop an underutilized parcel of land with a mixed-use building containing 2,600 square feet of commercial space and 140 residential apartment units with 241 total parking spaces. The project consists of a five-story, 128,072 square-foot building in the C2-1VL Zone. The applicant is seeking approval for a Density Bonus request with on- and off-menu incentives and Site Plan Review. The project will not maximize the available 35% density bonus increase to develop 160 units, as the developer has reduced the project to 140 residential units, utilizing an 18% density increase, with a 2,600 square-foot commercial component. The reduction in project size was requested in an effort to create a project that is compatible with the surrounding land use pattern and serves as a transition between commercial uses along La Tijera Boulevard and adjacent single-family residential uses. The developer has appropriately buffered the project site from the adjoining single-family residential uses by proposing to create and maintain a landscape buffer along the west side of the project. The buffer will be planted with mature trees and maintained as a passive, outdoor recreational area for residents of the proposed building. In addition, the proposed mixed-use building has been tiered away from the adjoining R1 uses to the west, so as to maintain the privacy and scale of uses that typically surround single-family homes. In addition to the landscape buffer, the developer will provide ample landscaping throughout project, with a central courtyard and adjoining pool area. Additionally, the project will include a neighborhood commercial component at the street level that is accessible to pedestrian aligns with the objectives and policies of both, the Citywide Design Guidelines and the Walkability Checklist. Based on the information submitted, the surrounding uses, and input from the public hearing, the Department of City Planning recommends that the City Planning Commission approve the requested entitlements, as conditioned. The proposed project would replace an existing liquor store and vacant commercial property with a mixture of commercial space and much-needed housing, including very affordable housing.

Case No. CPC-2012-3436-DB-SPR C-1

CONDITIONS OF APPROVAL

Pursuant to the Los Angeles Municipal Code (LAMC) Sections 12.22-A,25(c) and 16.05-E, the following conditions are hereby imposed upon the use of the subject property. Entitlement Conditions 1. Use. The project is approved for a 128,072 square-foot, five-story, mixed use building,

containing a total of 140 residential units, including 13 units restricted for Very Low Income Households, and 2,600 square feet of ground floor retail space.

2. Site Plan. The use and development of the subject property shall be in substantial conformance with the site plan, and elevations labeled Exhibit 4, attached to the subject case file. Minor deviations may be allowed in order to comply with provisions of the Municipal code and the conditions of approval.

3. Floor Area. The total floor area of the new building on the subject property shall not exceed three times the buildable area of the lot.

4. Height. The maximum height of the proposed structure shall not exceed the following:

a. 35 feet for the portion of the building located 0 to 49 feet from the R1 Zone;

b. 55 feet for the portion of the building located 50 to99 feet from the R1 Zone; and

c. 56 feet for the portion of the building located, more than 99 feet from the R1 Zone.

5. Density. The total density at the site shall be limited to no more than 140 residential units.

6. Open Space. On-site open space shall be provided pursuant to the Los Angeles Municipal

Code and in substantial compliance with Exhibit 4. 7. Affordable Units. Prior to the issuance of a building permit for any dwelling unit on the

subject property, the applicant shall execute and record a rental covenant agreement running with the land, to the satisfaction of the Los Angeles Housing Department (“LAHD”). The covenant shall bind the applicant and/or any subsequent property owner to reserve 13 of the proposed 140 units for occupancy by VERY LOW Income households. Although the project is eligible for a 35% density bonus increase, the applicant will utilize a 18% density bonus that grants an additional 22 units in excess of the 118 otherwise permitted by the C2-1VL Zone. These units will be restricted as affordable rental dwelling units, pursuant to California Government Code Section 65915 and Los Angeles Municipal Code Section 12.22-A,25. All density bonus calculations resulting in fractional units shall be rounded up to the nearest whole number (Gov. Code Section 65915 (g)(5)). Applicant must provide an affordable units dispersal proposal to be approved by LAHD to ensure that affordable units are not segregated or otherwise distinguishable from market rate units.

8. Parking. A minimum of 227 parking spaces shall be provided to serve the residential portion of the building and a minimum of 14 parking spaces shall be provided to serve the


retail component of the project, all in accordance with the provisions of Section 12.21-A,5 of the Los Angeles Municipal Code.

a. Residential parking shall be maintained separate from commercial parking and shall be secured by a tilt-up gate located within the subterranean parking garage.

9. Bicycle Parking. A minimum of 60 long term and 14 short term bicycle parking spaces

shall be provided for residential units and a minimum of 2 short-term and 2 long-term bicycle parking spaces shall be provided for the commercial component of the proposed building, as shown on the project plans labeled “Exhibit 4”, except as may be revised as a result of this action.

Other Conditions

10. In accordance with Zoning Information (Z.I.) No. 2427, an air filtration system shall be installed and maintained with filters meeting or exceeding the ASHRAE Standard 52.2 Minimum Efficiency Reporting value (MERV) of 11, to the satisfaction of the Department of Building and Safety.

11. For purposes of issuance of building permits, all yards shall be measured according to the applicant submitted Site Plan.

12. No rooftop equipment shall be permitted to be located on the rooftop of the building in closest proximity to the R1-1 Zoned lots. All equipment located on rooftops shall be screened from view.

13. The developer shall provide an 8-foot block wall along the westerly property line that abuts the R1-1 Zoned single-family residences. This wall shall be in addition to existing walls that are presently located on abutting private properties.

14. A 10-foot wide strip of R1-1 Zoned property shall be maintained on the subject property as a landscape buffer. Trees that are planted within this buffer shall be of a size adequate to provide a screen that surpasses the height of the 8-foot high wall.

15. The developer shall install a “No Left Turn” sign located on-site and at the point of exit from the parking garage. The point of exit shall additionally be configured to encourage exiting vehicles to turn right towards La Tijera Boulevard, rather than left.

16. All deliveries to the subject building shall occur on-site. In the event a delivery truck exceeds the height limit of the garage or otherwise cannot be accommodated on-site, the delivery shall be scheduled for a time that shall not impact a.m. or p.m. peak hour traffic – in these instances deliveries shall occur no earlier than 10:00 a.m., nor later than 4:00 p.m.

17. Trash pick-up shall be scheduled for a time that shall not impact a.m. or p.m. peak hour traffic. Trash pick-up shall occur no earlier than 10:00 a.m., nor later than 4:00 p.m.

18. All trees planted along the designated landscape buffer, adjoining and within the R1-1 Zone, shall be a minimum of 36” box trees. Palm trees are not permitted within the landscape buffer.


Environmental Conditions 19. Landscape Plan. All open areas not used for buildings, driveways, parking areas,

recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan and an automatic irrigation plan, prepared by a licensed Landscape Architect and to the satisfaction of the decision maker.

20. Signage.

a. On-site signs shall be limited to the maximum allowable under the Municipal Code.

b. Multiple temporary signs in store windows and along building walls are not permitted.

21. Vandalism.

a. Every building, structure, or portion thereof, shall be maintained in a safe and sanitary condition and good repair, and free from, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section 91.8104.

b. The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a street or alley, pursuant to Municipal Code Section 91.8104.15.

22. Aesthetics (Signage on Construction Barriers)

a. The applicant shall affix or paint a plainly visible sign, on publicly accessible portions of the construction barriers, with the following language: “POST NO BILLS”.

b. Such language shall appear at intervals of no less than 25 feet along the length of the publicly accessible portions of the barrier.

c. The applicant shall be responsible for maintaining the visibility of the required signage and for maintaining the construction barrier free and clear of any unauthorized signs within 48 hours of occurrence.

23. Aesthetics (Light). Outdoor lighting shall be designed and installed with shielding, such that the light sources cannot be seen from adjacent residential properties.

24. Aesthetics (Glare). The exterior of the proposed structure shall be constructed of

materials such as, but not limited to, high-performance and/or non-reflective tinted glass (no mirror-like tints or films) and pre-cast concrete or fabricated wall surfaces to minimize glare and reflected heat.

25. Air Quality.

a. Water or a stabilizing agent shall be applied to exposed surfaces at least three times per day to prevent generation of dust plumes. The construction area shall be kept sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind.

b. The construction contractor shall utilize at least one of the following measures at

each vehicle egress from the project site to a paved public road:


i. Install a pad consisting of washed gravel maintained in clean condition to a

depth of at least six inches and extending at least 30 feet wide and at least 50 feet long;

ii. Pave the surface extending at least 100 feet and at least 20 feet wide;

iii. Utilize a wheel shaker/wheel spreading device consisting of raised dividers at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages; or

iv. Install a wheel washing system to remove bulk material from tires and vehicle

undercarriages.

c. All haul trucks hauling soil, sand, and other loose materials shall be either sufficiently watered or covered (e.g., with tarps or other enclosures that would reduce fugitive dust emissions).

d. Construction activity on unpaved surfaces shall be suspended when wind speed exceed 15 miles per hour (such as instantaneous gusts).

e. Ground cover in disturbed areas shall be replaced as quickly as possible.

f. Apply non-toxic soil stabilizers according to manufacturers’ specifications to all

inactive construction areas (previously graded areas inactive for ten days or more).

g. Sweep streets at the end of the day if visible soil is carried onto adjacent public paved roads. If feasible, use water sweepers with reclaimed water.

h. Heavy-duty equipment operations shall be suspended during first and second stage

smog alerts.

i. Equipment and vehicle engines shall be maintained in good condition and in proper tune per manufacturers’ specifications.

j. All off-road diesel-powered construction equipment greater than 50 horsepower shall

meet USEPA Tier 3 off-road emissions standards. In addition, all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a CARB-defined Level 3 diesel emissions control strategy for a similarly sized engine.

k. All diesel-powered construction equipment shall use CARB Level 2 or higher diesel

particulate filters.

l. Electricity shall be utilized from power supply sources rather than temporary gasoline or diesel power generators, as feasible.

m. Heavy-duty trucks shall be prohibited from idling in excess of five minutes, both on-

and off-site. 26. Biological Resources (Tree Report). Prior to the issuance of a grading or building

permit, the applicant shall prepare and submit a Tree Report, prepared by a Tree Expert


as defined in Section 17.02, indicating the location, size, type, and condition of all existing trees on the site and within the adjacent public right(s)-of-way. Such report shall also contain a recommendation of measures to ensure the protection, relocation, or replacement of affected trees during grading and construction activities. Tree report shall be submitted for review and approval by the Urban Forestry Division of the Bureau of Street Services, Department of Public Works (213-847-3077).

27. Biological Resources (Tree Removal of Non-Protected Trees). All significant (8-inch or greater trunk diameter, or cumulative trunk diameter if multitrunked, as measured 54 inches above the ground) non-protected trees on the site proposed for removal shall be replaced at a 1:1 ratio with a minimum 24-inch box tree. Net, new trees, located within the parkway of the adjacent public right(s)-of-way, may be counted toward replacement tree requirements.

28. Biological Resources (Tree Removal in the Public Right-of-Way).

a. Removal or planting of any tree in the public right-of-way requires approval of the Board of Public Works. Contact Urban Forestry Division at: 213-847-3077. All trees in the public right-of-way shall be provided per the current standards of the Urban Forestry Division the Department of Public Works, Bureau of Street Services.

b. Mitigation measures such as replacement by a minimum of 24-inch box trees in the

parkway and on the site, on a 1:1 basis, shall be required for the unavoidable loss of significant (8-inch or greater trunk diameter, or cumulative trunk diameter if multi-trunked, as measured 54 inches above the ground) trees in the public right-of-way.

29. Habitat Modification (Nesting Native Birds, Non-Hillside or Urban Areas).

a. Proposed project activities (including disturbances to native and non-native vegetation, structures and substrates) should take place outside of the breeding bird season which generally runs from March 1- August 31 (as early as February 1 for raptors) to avoid take (including disturbances which would cause abandonment of active nests containing eggs and/or young). Take means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture of kill (Fish and Game Code Section 86).

b. If project activities cannot feasibly avoid the breeding bird season, beginning thirty days prior to the disturbance of suitable nesting habitat, the applicant shall:

i. Arrange for weekly bird surveys to detect any protected native birds in the habitat to be removed and any other such habitat within properties adjacent to the project site, as access to adjacent areas allows. The surveys shall be conducted by a qualified biologist with experience in conducting breeding bird surveys. The surveys shall continue on a weekly basis with the last survey being conducted no more than 3 days prior to the initiation of clearance/construction work.

ii. If a protected native bird is found, the applicant shall delay all clearance/construction disturbance activities within 300 feet of suitable nesting habitat for the observed protected bird species until August 31.


iii. Alternatively, the Qualified Biologist could continue the surveys in order to locate any nests. If an active nest is located, clearing and construction within 300 feet of the nest or as determined by a qualified biological monitor, shall be postponed until the nest is vacated and juveniles have fledged and when there is no evidence of a second attempt at nesting. The buffer zone from the nest shall be established in the field with flagging and stakes. Construction personnel shall be instructed on the sensitivity of the area.

iv. The applicant shall record the results of the recommended protective measures described above to document compliance with applicable State and Federal laws pertaining to the protection of native birds. Such record shall be submitted and received into the case file for the associated discretionary action permitting the project.

30. Cultural Resources (Archaeology).

a. If any archaeological materials are encountered during the course of project development, all further development activity shall halt in the areas of archaeological sensitivity (excavation or disturbance may continue in other areas of the Project Site that are not reasonably suspected to overlie adjacent archaeological resources), and:

i. The services of an archaeologist shall then be secured by contacting the South Central Coastal Information Center (657-278-5395) located at California State University Fullerton, or a member of the Register of Professional Archaeologists (ROPA) or a ROPA-qualified archaeologist, who shall assess the discovered material(s) and prepare a survey, study or report evaluating the impact.

ii. The archaeologist's survey, study or report shall contain a recommendation(s), if necessary, for the preservation, conservation, or relocation of the resource.

iii. The applicant shall comply with the recommendations of the evaluating archaeologist, as contained in the survey, study or report.

iv. Project development activities may resume once copies of the archaeological survey, study or report are submitted to:

SCCIC Department of Anthropology McCarthy Hall 477 CSU Fullerton 800 North State College Boulevard

Fullerton, CA 92834

v. Prior to the issuance of any building permit, the applicant shall submit a letter to the case file indicating what, if any, archaeological reports have been submitted, or a statement indicating that no material was discovered.

vi. A covenant and agreement binding the applicant to this condition shall be recorded prior to issuance of a grading permit.

21. Cultural Resources (Paleontology).

b. If any paleontological materials are encountered during the course of project development, all further development activities shall halt in the areas of


paleontological sensitivity (Excavation or disturbance may continue in other areas of the Project Site that are not reasonably suspected to overlie adjacent paleontological resources), and:

i. The services of a paleontologist shall then be secured by contacting the Center for Public Paleontology - USC, UCLA, California State University Los Angeles, California State University Long Beach, or the Los Angeles County Natural History Museum - who shall assess the discovered material(s) and prepare a survey, study or report evaluating the impact.

ii. The paleontologist's survey, study, or report shall contain a recommendation(s), if necessary, for the preservation, conservation, or relocation of the resource.

iii. The applicant shall comply with the recommendations of the evaluating paleontologist, as contained in the survey, study, or report.

iv. Project development activities may resume once copies of the paleontological survey, study or report are submitted to the Los Angeles County Natural History Museum.

v. Any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution for the benefit of current and future generations

c. Prior to the issuance of any building permit, the applicant shall submit a letter to the case file indicating what, if any, paleontological reports have been submitted, or a statement indicating that no material was discovered.

d. A covenant and agreement binding the applicant to this condition shall be recorded prior to issuance of a grading permit.

31. Cultural Resources (Human Remains)

a. If any human remains are encountered during the course of project development, all further development activities shall halt in the areas of human remains sensitivity (excavation or disturbance may continue in other areas of the Project Site that are not reasonably suspected to overlie adjacent human remains), and:

b. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98:

i. Stop immediately and contact the County Coroner:

1104 N. Mission Road Los Angeles, CA 90033 323-343-0512 (8 a.m. to 5 p.m. Monday through Friday) or 323-343-0714 (After Hours, Saturday, Sunday, and Holidays)

ii. The coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission.


iii. The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American.

iv. The most likely descendent has 48 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave goods.

v. If the descendent does not make recommendations within 48 hours the owner shall reinter the remains in an area of the property secure from further disturbance, or;

vi. If the owner does not accept the descendant’s recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.

32. Seismic. The design and construction of the project shall conform to the California Building Code seismic standards as approved by the Department of Building and Safety.

33. Soils Report Approval.

a. The project shall comply with the conditions contained within the Soils Engineering Investigation Report (Appendix C-1) and the Department of Building and Safety’s Geology and Soils Approval Letter (Appendix C-2) for the proposed project and as it may be subsequently amended or modified.

b. The soil engineer shall review and approve the detailed plans prior to issuance of any permits. This approval shall be by signature on the plans which clearly indicates that the soil engineer has reviewed the plans prepared by the design engineer and that the plans include the recommendations contained in the report.

c. All the recommendations of the report, which are in addition to or more restrictive than the conditions contained herein shall be incorporated into the plans.

d. A copy of the subject and appropriate referenced reports and this approval letter shall be attached to the District Office and field set of plans. Submit one copy of the above reports to the Building Department Plan Checker prior to issuance of the permit.

34. Erosion/Grading/Short-Term Construction Impacts.

a. The applicant shall provide a staked signage at the site with a minimum of 3-inch lettering containing contact information for the Senior Street Use Inspector (Department of Public Works), the Senior Grading Inspector (LADBS) and the hauling or general contractor. Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading, excavations, and fills. All grading activities require grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within Hillside areas. The application of BMPs includes but is not limited to the following mitigation measures:

i. Excavation and grading activities shall be scheduled during dry weather periods. If grading occurs during the rainy season (October 15 through April 1), diversion dikes shall be constructed to channel runoff around the site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity.


ii. Stockpiles, excavated, and exposed soil shall be covered with secured tarps, plastic sheeting, erosion control fabrics, or treated with a bio-degradable soil stabilizer.

b. The grading plan shall conform with the City's Landform Grading Manual guidelines, subject to approval by the Advisory Agency and the Department of Building and Safety's Grading Division.

c. Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Department. These measures include interceptor terraces, berms, veechannels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned.

35. Explosion/Release (Existing Toxic/Hazardous Construction Materials)

a. (Asbestos) Prior to the issuance of any permit for the demolition or alteration of the existing structure(s), the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant indicating that no Asbestos-Containing Materials (ACM) are present in the building. If ACMs are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District's Rule 1403 as well as all other applicable State and Federal rules and regulations.

b. (Lead Paint) Prior to issuance of any permit for the demolition or alteration of the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Department of Building and Safety. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations.

36. Emergency Evacuation Plan. Prior to the issuance of a building permit, the applicant shall develop an emergency response plan in consultation with the Fire Department. The emergency response plan shall include but not be limited to the following: mapping of emergency exits, evacuation routes for vehicles and pedestrians, location of nearest hospitals, and fire departments.

37. Stormwater Pollution (Demolition, Grading, and Construction Activities)

a. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

b. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop clothes shall be used to catch drips and spills.

c. Pavement shall not be hosed down at material spills. Dry cleanup methods shall be used whenever possible.

d. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or be covered with tarps or plastic sheeting.

38. Noise (Construction)


a. Construction activity shall be limited to the areas defined as the “Limits of Construction” on site plans and staging areas shall be as far from the adjacent single-family residences on Flight Avenue as possible.

b. Temporary sound barriers, capable of achieving a sound attenuation of at least 10 dBA (e.g., construction sound wall or sound blankets), and capable of blocking the line-of-sight between the adjacent sensitive receptors, shall be installed.

c. All powered construction equipment shall be equipped with exhaust mufflers or other suitable noise reduction devices.

d. The project shall comply with the City of Los Angeles Noise Ordinance No. 144,331 and 161,574, and any subsequent ordinances, which prohibit the emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible.

e. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday.

f. Demolition and construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels.

g. Construction activities shall utilize rubber tired equipment in place of steel-track equipment whenever feasible.

h. Construction haul trucks shall avoid driving over potholes and dips when arriving at or leaving each project site.

i. The construction contractor shall stage and warm-up construction equipment as far from nearby sensitive receptors as possible.

j. The construction contractor shall avoid utilizing high vibration construction equipment (e.g. large bulldozers) within 15 feet of surrounding sensitive receptors.

k. The Project shall site all HVAC systems on the roof of the Project buildings, or have the HVAC systems completely enclosed and surrounded with sound insulation if located on the ground level.

l. The Project shall utilize central air conditioning and heating in each new residential unit.

m. The Project shall include double-paned windows on all of the exterior windows for each residential unit.

39. Increased Noise Levels (Mixed-Use Development). Wall and floor-ceiling assemblies separating commercial tenant spaces, residential units, and public places, shall have a Sound Transmission Coefficient (STC) value of at least 50, as determined in accordance with ASTM E90 and ASTM E413

40. Increased Noise Levels (Residential Fronting on Major or Secondary Highway, or adjacent to a Freeway and within 500 feet of Freeway)

a. All exterior windows having a line of sight of a Major or Secondary Highway shall be constructed with double-pane glass and use exterior wall construction which


provides a Sound Transmission Coefficient (STC) value of 50, as determined in accordance with ASTM E90 and ASTM E413, or any amendment thereto.

b. The applicant, as an alternative, may retain an acoustical engineer to submit evidence, along with the application for a building permit, any alternative means of sound insulation sufficient to mitigate interior noise levels below a CNEL of 45 dBA in any habitable room.

c. Wall and roof-ceiling assemblies making up the building envelope shall have an STC of at least 50, and exterior windows shall have a minimum STC of 30, as determined in accordance with ASTM E90 and ASTM E413, or any amendment thereto.

41. Public Services (Fire)

a. The recommendations of the Fire Department relative to fire safety shall be incorporated into the building plans, which include the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: fire lanes, where required, shall be a minimum of 20 feet in width; all structures must be within 300 feet of an approved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane.

42. Public Services (Police – Demolition/Construction Sites). Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive nuisances.

43. Public Services (Police)

a. The plans shall incorporate a design that enhances the security, semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the Project Site if needed. Please refer to "Design Out Crime Guidelines: Crime Prevention Through Environmental Design", published by the Los Angeles Police Department. Contact the Community Relations Division, located at 100 W. 1st Street, #250, Los Angeles, CA 90012; (213) 486-6000. These measures shall be approved by the Police Department prior to the issuance of building permits.

b. Upon completion of the Project, the Pacific Area commanding officer shall be provided with a diagram of each portion of the property. The diagram shall include access routes and any additional information that might facilitate police response.

44. Public Services (Schools). The applicant shall pay school fees to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area.

45. Public Services (Construction Activity Near Schools)

a. The developer and contractors shall maintain ongoing contact with administrator of La Tijera United Methodist Center for Children. The administrative offices shall be


contacted when demolition, grading and construction activity begin on the project site so that students and their parents will know when such activities are to occur. The developer shall obtain school walk and bus routes to the schools from the administrators and guarantee that safe and convenient pedestrian and bus routes to the school be maintained.

b. The developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety.

c. There shall be no staging or parking of construction vehicles, including vehicles to transport workers on any of the streets adjacent to the school.

d. Due to noise impacts on the schools, no construction vehicles or haul trucks shall be staged or idled on these streets during school hours.

46. Public Services (Street Improvements Not Required by DOT) The project shall comply with the Bureau of Engineering’s requirements for street dedications and improvements that will reduce traffic impacts in direct portion to those caused by the proposed project’s implementation.

47. Recreation (Increased Demand for Parks or Recreational Facilities). Pursuant to Section 21.10 of the Los Angeles Municipal Code, the applicant shall pay the Dwelling Unit Construction Tax for construction of apartment buildings.

48. Transportation (Haul Route). (Non-Hillside): Projects involving the import/export of 20,000 cubic yards or more of dirt shall obtain haul route approval by the Department of Building and Safety.

49. Inadequate Emergency Access. The applicant shall submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation for approval that provides code-required emergency access.

50. Utilities and Service Systems

a. As part of the normal construction/building permit process, the Project Applicant shall confirm with the City that the capacity of the local and trunk lines are sufficient to accommodate the Project’s wastewater flows during the construction and operation phases. If the public sewer has insufficient capacity, then the Project Applicant shall be required to build sewer lines to a point in the sewer system with sufficient capacity.

b. The Project Applicant shall implement any upgrade to the wastewater system serving the Project Site that is needed to accommodate the Project’s wastewater generation.

c. The Project Applicant shall implement water conservation measures that would also reduce wastewater flows.

d. As part of the normal construction/building permit process, the Project Applicant shall confirm with the City that the capacity of the existing water infrastructure can supply the domestic needs of the Project during the construction and operation phases.


e. The Project Applicant shall implement any upgrade to the water infrastructure serving the Project Site that is needed to accommodate the Project’s water consumption needs.

51. Utilities (Local Water – Landscaping)

a. The project shall comply with Ordinance No. 170,978 (Water Management Ordinance), which imposes numerous water conservation measures in landscape, installation, and maintenance (e.g, use drip irrigation and soak hoses in lieu of sprinklers to lower the amount of water lost to evaporation and overspray, set automatic sprinkler systems to irrigate during the early morning or evening hours to minimize water loss due to evaporation, and water less in the cooler months and during the rainy season).

b. In addition to the requirements of the Landscape Ordinance, the landscape plan shall incorporate the following:

i. Weather-based irrigation controller with rain shutoff

ii. Matched precipitation (flow) rates for sprinkler heads

iii. Drip/microspray/subsurface irrigation where appropriate

iv. Minimum irrigation system distribution uniformity of 75 percent

v. Proper hydro-zoning, turf minimization and use of native/drought tolerant plan materials

vi. Use of landscape contouring to minimize precipitation runoff

c. A separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for existing and expanded irrigated landscape areas totaling 5,000 sf and greater.

52. Utilities (Local Water Supplies – All New Construction)

a. If conditions dictate, the Department of Water and Power may postpone new water connections for this project until water supply capacity is adequate.

b. Install high-efficiency toilets (maximum 1.28 gpf), including dual-flush water closets, and high-efficiency urinals (maximum 0.5 gpf), including no-flush or waterless urinals, in all restrooms as appropriate.

c. Install restroom faucets with a maximum flow rate of 1.5 gallons per minute.

d. A separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for all landscape irrigation uses.

e. Single-pass cooling equipment shall be strictly prohibited from use. Prohibition of such equipment shall be indicated on the building plans and incorporated into tenant lease agreements. (Single-pass cooling refers to the use of potable water to extract heat from process equipment, e.g. vacuum pump, ice machines, by passing the


water through equipment and discharging the heated water to the sanitary wastewater system.)

53. Utilities (Local Water Supplies – New Residential)

a. Install no more than one showerhead per shower stall, having a flow rate no greater than 2.0 gallons per minute.

b. Install and utilize only high-efficiency clothes washers (water factor of 6.0 or less) in the project, if proposed to be provided in either individual units and/or in a common laundry room(s). If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance.

c. Install and utilize only high-efficiency Energy Star-rated dishwashers in the project, if proposed to be provided. If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance.

54. Utilities (Solid Waste Recycling – Construction/Demolition). Prior to the issuance of any construction permit, the Project Applicant shall provide a copy of the receipt or contract from a waste disposal company providing services to the project, specifying recycled waste service(s), to the City of Los Angeles Department of Building and Safety. The construction contractor(s) shall only contract for waste disposal services with a company that recycles construction-related waste.

55. Utilities (Solid Waste Disposal and Recycling).

a. (Construction/Demolition) To facilitate on-site separation and recycling of demolition and construction-related wastes, the contractor(s) shall provide temporary waste separation bins on-site during demolition and construction. These bins shall be emptied and the contents recycled accordingly as a part of the project's regular solid waste disposal program.

b. (Construction/Demolition) All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle demolition and construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, bricks, metals, wood, and vegetation. Non-recyclable materials/wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site.

c. (Operational). Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program.

56. Mitigation Monitoring. The applicant shall prepare and execute a Covenant and Agreement (Planning Department General Form CP-6770) in a manner satisfactory to the Planning Department requiring the applicant to identify mitigation monitors who shall provide periodic status reports on the implementation of mitigation items required by Condition Nos. 10 and 19 through 55 of the approval. The mitigation monitors shall be identified as to their areas of responsibility, and phase of intervention (pre-construction,


construction, post-construction/maintenance) to ensure continued implementation of the above mentioned mitigation items.

Administrative Conditions

57. Approvals, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, reviews or approval, plans, etc, as may be required by the subject conditions, shall be provided to the Planning Department for placement in the subject file.

58. Code Compliance. All area, height and use regulations of the zone classification of the

subject property shall be complied with, except wherein these conditions explicitly allow otherwise.

59. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded in the County Recorder’s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assign. The agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder’s number and date shall be provided to the Planning Department for attachment to the file.

60. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation.

61. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Planning Department and any designated agency, or the agency’s successor and in accordance with any stated laws or regulations, or any amendments thereto.

62. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the City Planning Department and the Department of Building and Safety.

63. Corrective Conditions. The authorized use shall be conducted at all times with due

regard for the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if, in the Commission’s or Director’s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

64. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action or proceedings against the City or its agents, officers, or employees relating to or to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.


65. Expedited Processing Section. Prior to the clearance of any conditions, the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section.

Case No. CPC-2012-3436-DB-SPR F-1

FINDINGS General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located in the Westchester

– Playa del Rey Community Plan, which was adopted by the City Council on April 13, 2004 (Case No. CPC-1998-0010-CPU). The Plan Map designates the majority of subject property for General Commercial land uses with the corresponding zones of C2, C4, CR, RAS3, and RAS4. This greater part of subject property is zoned C2-1VL, which is consistent with its land use designation, and permits general commercial and multi-family residential uses. A 10-foot wide buffer of land that spans the entire length of the property on the west side is zoned R1-1. This area of land is designated as Low Residential with the corresponding zones of RE9, RS, R1, RU, RD6, and RD5 and will be maintained as a landscape buffer, not containing any structures. The proposed mixed-use building will be constructed entirely in the C2-1VL Zone.

The site is currently improved with a one-story, 4,315 square-foot commercial/restaurant

that has long since been vacated; a one-story, 785 square-foot hair/nail salon that was vacated as of February, 2012; a one-story, 2,850 square foot liquor store that operates as Stewart’s Liquor, and an associated surface parking lot.

2. General Plan Text. The Westchester – Play del Rey Community Plan text includes the

following relevant land use discussion: Residential Goal 1 – Provide a safe, secure, and high quality residential environment for all economic, age, and ethnic segments of the Westchester – Play de Rey community. Objective 1-1 - Provide for the preservation of existing housing and for the development of new housing to meet the diverse economic and physical needs of the existing residents and expected new residents in the Westchester – Playa del Rey Community Plan Area to the year 2025.

Policy 1-1.3: Provide for adequate Multiple Family residential development. Objective 1-2 - Locate housing near commercial centers, public facilities, and bus routes and other transit services, to reduce vehicular trips and congestion and increase access to services and facilities.

Policy 1-3.2: Monitor the impact of new development on residential streets. Locate access to major development projects so as not to encourage spillover traffic on local residential streets.

Program: Incorporate Neighborhood Traffic Mitigation Plans (NTMP) for major development and provide LADOT assistance to neighborhoods in designs of NTMP’s.

Policy 1-3.3: Consider factors such as neighborhood character and identity, compatibility of land uses, impact on livability, impacts on services and public facilities, and impacts on traffic levels when changes in residential densities are proposed.


Objective 1-4 - Provide affordable housing and increased accessibility to more population segments, especially students, the disabled and senior citizens.

Policy 1-4.2: Promote the development of housing for persons of low to moderate income within the community.

Program: There are policies in the Municipal Code, such as Density Bonus, that provide incentives for the development of low to moderate income housing.

Policy 1-4.4 – Encourage multiple family residential and mixed use development in

commercial zones, pedestrian oriented areas, and new transit corridors.

Objective 1-5 - Protect established residential neighborhoods from incompatible uses, including multiple family residential uses of substantially higher density, to preserve the residential character of these neighborhoods and protect residents from adverse environmental impacts caused by such uses.

Policy 1-5.1: Where possible, do not locate incompatible land uses, including higher density multiple residential uses, within or in close proximity to lower density residential neighborhoods, except where there are adequate buffers, transitional land uses, etc.

Commercial Goal 2 – Encourage a strong and competitive commercial sector that promotes economic vitality and serves the needs of the Westchester – Playa del Rey community through safe, accessible, and well-designed commercial districts, while preserving the historic and cultural character of the community. Objective 2-2 – Strengthen and enhance the major commercial districts of the community into distinctive, pedestrian-friendly areas providing shopping, civic, social, and recreational activities. To locate new housing in a manner which reduces vehicular trips and makes it accessible to services and facilities.

Policy 2-2.3: Encourage mixed-use development in appropriate commercial areas to stimulate pedestrian activity and provide housing near employment, shopping, and other services.

Objective 2-3 – Enhance the land use compatibility, visual appearance, design, and appeal of commercial development. Objective 2-3.2 – Where possible, mitigate impacts of commercial uses on adjacent residential properties through the use of buffers and/or effective site design of the commercial property.

The development of the mixed use project will satisfy several policies and objectives within the Westchester – Playa del Rey Community Plan by providing new, quality, and affordable housing opportunities that were not otherwise available. The multi-family housing will be located in close proximity to a commercial pocket that currently serves as a buffer between the 405 Freeway and surrounding single-family residential uses. The project site is located immediately adjacent to a single-family neighborhood; however, the project includes over 5,000 square feet of a landscape buffer between the subject property


and the single-family residential units to the west. The mixed use building will activate the underutilized the corner of La Tijera Boulevard and 74th by providing new commercial uses that will stimulate pedestrian activity and provide new housing, including affordable options, which are located near existing local services.

Framework Element. The Framework Element for the General Plan was adopted by the City of Los Angeles in December 1996 and re-adopted in August 2001. The Framework Element provides guidance regarding policy issues for the entire City of Los Angeles, including the project site. It also sets forth a Citywide comprehensive long-range growth strategy and defines Citywide policies regarding issues such as land use, housing, urban form, neighborhood design, open space, economic development, transportation, infrastructure, and public services. The subject site is an under-improved parcel designated for General Commercial land uses. The project is located along La Tijera Boulevard, a Major Highway, and adjacent to a Metro Local Line bus corridor, and will provide an infill development in an area comprised of single-family and commercial land uses. If constructed, the proposed mixed use building will be higher in height and density than what exists in the adjacent single-family neighborhoods; however, the project has provided appropriate transitions and buffers between the two uses in an effort to conserve the integrity of the existing neighborhood. By permitting the construction a mixed use project that contains very affordable housing options in close proximity to existing commercial and residential uses, the proposed project will be consistent with several goals, objectives, and policies of the Framework Element, including:

Objective 3.4: Encourage new multi-family residential, retail commercial, and office development in the City's neighborhood districts, community, regional, and downtown centers as well as along primary transit corridors/boulevards, while at the same time conserving existing neighborhoods and related districts. Policy 3.4.1: Conserve existing stable residential neighborhoods and lower-intensity commercial districts and encourage the majority of new commercial and mixed-use (integrated commercial and residential) development to be located (a) in a network of neighborhood districts, community, regional, and downtown centers, (b) in proximity to rail and bus transit stations and corridors, and (c) along the City's major boulevards, referred to as districts, centers, and mixed-use boulevards, in accordance with the Framework Long-Range Land Use Diagram. Objective 3.9: Reinforce existing and encourage new community centers, which accommodate a broad range of uses that serve the needs of adjacent residents, promote neighborhood and community activity, are compatible with adjacent neighborhoods, and are developed to be desirable places in which to live, work and visit, both in daytime and nighttime.

Policy 3.9.6: Require that commercial and mixed-use buildings located adjacent to residential zones be designed and limited in height and scale to provide a transition with these uses, where appropriate. Policy 3.9.7: Provide for the development of public streetscape improvements, where appropriate. Objective 4.2: Encourage the location of new multi-family housing development to occur in proximity to transit stations, along some transit corridors, and within some


high activity areas with adequate transitions and buffers between higher-density developments and surrounding lower-density residential neighborhoods. Policy 4.2.1: Off Offer incentives to include housing for very low- and low-income households in mixed-use developments. Objective 5.5: Enhance the liveability of all neighborhoods by upgrading the quality of development and improving the quality of the public realm. Policy 5.5.3: Formulate and adopt building and site design standards and guidelines to raise the quality of design Citywide. Objective 5.7: Provide a transition between conservation neighborhoods and their centers. Policy 5.7.1: Establish standards for transitions in building height and for on-site landscape buffers.

3. The Transportation Element of the General Plan will not be affected by the

recommended action herein as the proposed project is not specifically designed to improve long-term mobility or accessibility within the City of Los Angeles. The proposed project is consistent with the Element’s objectives to “support development in regional centers, community centers, major economic activity areas and along mixed-use boulevards as designated in the Community Plans” and to “make the street system accessible, safe, and convenient for bicycle, pedestrian, and school child travel.” The project is located in a small commercial node that is immediately adjacent to the 405 Freeway, located on La Tijera Boulevard, a Major Highway – Class II dedicated to a 104-foot width, and 74th Street, a Collector Street dedicated to a 64-foot width. The project has been designed with ground floor commercial uses, available bicycle parking, and contains public sidewalks that will foster an accessible and convenient system for pedestrians.

A traffic study was prepared to examine the effects of the proposed project on the existing circulation of the intersection of La Tijera Boulevard and 74th Street as well as five other intersections in the immediate vicinity of the project area. The study found that the project will not result in significant traffic impacts at any of the examined intersections analyzed under the near-term “Existing (2012) With Project” or forecast “Future (2015) With Project” scenarios, not will it produce significant impacts along any of the nearby local/residential streets. Potential transit use by project residents and/or visitors is anticipated to be nominal, and will not adversely affect bus capacity or transit operations. Additionally, the project will exceed the applicable parking requirements for its uses, and therefore, no on-site parking shortages or parking “overflow” onto the nearby residential streets or adjacent commercial areas are anticipated. As a result, no off-site traffic impact or parking or access-related mitigation were warranted for the Project. The completed traffic study received conditional approval from the Department of Transportation on November 8, 2012.

Bike Plan. The 2010 Bicycle Plan, a component of the Transportation Element, was

adopted on March 1, 2011. The three goals that have been established by the Plan are to: increase the number of types of bicyclists who bicycle in the City; make every street a safe place to ride a bicycle, and make the City of Los Angeles a bicycle friendly community. These goals will realized by the implementation of policies, programs, and objectives. Policy 1.2.7 of the Plan is to “develop and implement citywide bicycling parking standards,” by increasing the supply of secure bicycle parking. The proposed project aligns with a


major objective of the Bike Plan to “encourage and facilitate bicycle riding as an important mode of personal transportation as well as a pleasant source of outdoor exercise. According to the Bike Plan, La Tijera Boulevard is designated as a future Bike Lane and 74th Street is a Bicycle-Friendly Street. Recognizing these designations, the project includes the provision of secured bicycle parking facilities that will be located on the same level of the proposed commercial parking.

Bicycle Ordinance No. 182,386. The proposed project is not subject to the provision of the

newly adopted Ordinance, effective March 13, 2013, because the project was submitted on December 13, 2012. The applicant will, however, provide a minimum of 60 long term and 14 short term bicycle parking spaces for the residential component and 2 short-term and 2 long-term bicycle parking spaces for the commercial component. The new code requirement would have entailed 140 long term and 14 short term spaces for residents and 2 short-term and 2 long-term for the commercial uses. With the exception to the long-term bicycle parking for residents, the project proposed bicycle parking that meets the current Code requirements.

4. The Sewerage Facilities Element of the General Plan will not be affected by the

recommended action. The completed Mitigated Negative Declaration states that if the public sewer at the project site has insufficient capacity, then the project applicant shall be required to build sewer lines to a point in the sewer system with sufficient capacity. The project applicant shall implement any upgrade to the wastewater system serving the Project Site that is needed to accommodate the Project’s wastewater generation. Ultimately, this sewage flow will be conveyed to the Hyperion Treatment Plant, which has sufficient capacity for the project.

Entitlement Findings

5. Density Bonus Compliance Findings. After thorough consideration of the information,

statements, and plans contained in the application; the California State Government Code Section 65915 (State Density Bonus Program), the requirements for issuing a Density Bonus Compliance Review approval have been established by the following:

a. The project substantially complies with the applicable regulations, standards

and provisions of the State Density Bonus Program. As conditioned by this approval, the proposed project complies with all applicable provisions of Government Code 65915-65918 and LAMC Section 12.22-A,25. The Code allows projects that provide the minimum number of set aside units be granted an increase in density and reduction in parking requirements. Density. The subject property is approximately 47,540 square feet in area and located within the C2-1VL Zone. This does not include an approximately 4,500 square-foot portion of land zoned R1-1 and located along the westerly property line. The Municipal Code permits a multiple-family residential density of one dwelling unit per 400 square feet of lot area in the C2 Zone. This would permit a total of 118 dwelling units on the subject site. By setting aside 11% of these 118 units for Very Low Income Households, the project qualifies for a density bonus of 35%, or an increase in 42 units. The project will, however, utilize an 18% density bonus, or an increase in 22 units for a total of 140 units. Of the total 140 units, 13 will be set aside for Very Low Income Households. The remaining 127 units will be market-rate units. Therefore, based on the Findings herein, the proposed density of 140 dwelling units on the


subject site substantially complies with the applicable regulations, standards and provisions of the Municipal Code and the State Density Bonus Program. Parking. The applicant is utilizing Parking Option 1, which permits one on-site parking space per unit with 0-1 bedrooms and two on-site parking spaces per unit with 2-3 bedrooms. The proposed project will provide 47 studio (0 bedroom) units, 77 one-bedroom units, and 16 two-bedroom units, which require a minimum of 156 parking spaces. The project will provide 71 additional residential parking spaces, for a total of 227 residential parking spaces. The residential parking will be composed of 133 standard, 19 compact, and 72 tandem spaces.

With a parking requirement of 1 per 250 square feet, the 2,600 square-foot commercial component is required to provide 10 parking spaces. The applicant will be providing four spaces in excess of the requirement for a total of 14 commercial spaces that will all be located separate from the residential parking. The commercial parking will be composed of 1 ADA accessible, 9 standard, and 4 compact spaces.

By providing a minimum of 10% of the base unit count for Very Low Income Households, the project has requested one on-menu incentive and two-off menu incentives/modifications of development standards that are not on the menu.

“On-Menu” Affordable Housing Incentive. Floor Area Ratio (FAR). The project qualifies for an FAR increase of up to three times the buildable lot area due to the fact that it qualifies for a 35% density bonus increase and is located within a Major Employment Center (Los Angeles International Airport). The increase in FAR allows for the otherwise permitted floor area of 69,586.5 square feet to be increased up to 139,713 square feet. The proposed floor area for the project, as it is depicted on the submitted site plans, will be approximately 128,072 square feet, which equals to an approximate floor area ratio of 2.75:1, which is less than 3:1. “Off-Menu” Waivers and Modifications to Development Standards. The Applicant is seeking two waivers/modifications from development standards that are not listed as on-menu incentives. These modifications are identified as “off-menu” incentives that are required by the project in order to accommodate the proposed development of 140 residential units. Submitted documentation indicates that the elimination of the off-menu height requests would eliminate 26 residential units, reducing the total residential component to 114 units.

The new building includes the development of 140 residential units. Fifteen of these units are proposed to be located on the upper garage level and all (with exception to one unit on the south side) will face either La Tijera Boulevard or 74th Street. These units are identified as atrium units and will contain light wells that allow for light to enter. Given the proposed configuration, with below grade units having direct access to the sky, the Department of Building and Safety has determined that the height of the building shall be measured from the bottom of the light wells, where the fifteen atrium units are located. As such, the height of the building will measure at least 10 feet higher than what it measures from grade level. In addition, the existence of the R1-1 Zoned portion of the subject property has further impacted the need for transitional height relief, as the R1 Zone is located 10 feet closer than if the project had requested


a zone change over the entire property. As a result of this measuring, the following off-menu items are needed to develop the property with the proposed density. Transitional Height – The project seeks to permit:

• A maximum height of 35 feet in lieu of 25 feet permitted for the portion of the proposed building located between 0 and 49 feet of the R1 Zone; and

• A maximum height of 55 feet in lieu of 33 feet permitted for the portion of the proposed building located between 50 to 99 feet of the R1 Zone.

If measured at grade level, the building’s height would be 25 feet for the portion of the building located between 0 and 49 feet of the R1 Zone, which meets the transitional height limit. If measured at grade level, the building’s height would be 44 feet for the portion of the building located between 50 and 99 feet of the R1 Zone, which is 11 feet higher than what the transitional height limit permits. Overall Height – The project is seeking to permit an overall maximum height of 56 feet (five stories) in lieu of 45 feet, or three-stories permitted in the C2-1VL Zone. As described above, the Los Angeles Department of Building and Safety has determined that the height of the proposed building will be measured from the bottom of the proposed light wells where 15 atrium residential units will be located. If the building was measured at the grade level, however, the maximum building height will be 45 feet (four stories) high, rather than 56 feet high.

b. The incentives are required in order to provide for the affordable housing costs as defined in the California Health and Safety Code Section 50052.5, or Section 50053 for rents of the affordable units.

It is not the intent of the incentives to increase unit rental values for profit but to allow the project to be configured in such a manner that makes it functionally feasible and most compatible with neighboring land uses. The applicant’s representative has submitted documentation indicating that the elimination of the off-menu height requests would eliminate 26 residential units, reducing the total residential component to 114 units, and disallowing for the provision of the density bonus and affordable units.

c. The project incorporates mitigation measures, monitoring measures when

necessary, or alternatives identified in the environmental review which would mitigate the negative environmental effects of the project to the extent physically feasible.

In compliance with the requirements of the California Environmental Quality Act (CEQA), the project was issued a Mitigated Negative Declaration (ENV-2012-3437-MND). The project is subject to specific measures during both construction and operation phases of the project. The project would not cause adverse impacts on fish or wildlife resources as far as earth, air, water, plant life, and animal life, or risk of upset to these resources are concerned. Furthermore, the project site, as well as the surrounding area is presently developed with urban structures and residential and commercial land uses which do not provide a natural habitat for fish or wildlife.


Any impacts that have been identified as “Potentially Significant Unless Mitigation Incorporated” in the Mitigated Negative Declaration have attached Mitigation Measures to remedy potentially significant impacts to less than significant or no impact levels. These measures are required and have been incorporated into the project’s conditions of approval. Mitigation Monitoring has also been identified to ensure the implementation of all required mitigation measures. Therefore, in light of the whole record, the proposed project would not cause substantial impacts on the environment. The proposed project will not be constructed over a designated hazardous materials site, flood zone, liquefaction area, hillside grading area, Methane gas zone or dam inundation zone. The project would not place any occupants or residents near a hazardous materials site or involve the regular use or transport of hazardous materials or substances. The site fronts on a Major Highway and is within 1,000 feet of a freeway. As a result, the conditions of approval have required that the project to install an air filtration system shall be installed that is maintained with filters meeting or exceeding the ASHRAE Standard 52.2 Minimum Efficiency Reporting value (MERV) of 11, to the satisfaction of the Department of Building and Safety. The proposed use is consistent with the site’s existing zoning and land use designation, and will result in a development that is compatible with the surrounding uses and improvements in the same zone and vicinity.

6. Site Plan Review Findings. In order for the site plan review to be granted, all three of the

legally mandated findings delineated in Section 16.05-F of the Los Angeles Municipal Code must be made in the affirmative: a. The project is in substantial conformance with the purposes, intent and

provisions of the General Plan, applicable community plan, and any applicable specific plan.

The subject property is within the Westchester – Playa del Rey Community Plan and the Los Angeles Coastal Transportation Corridor Specific Plan. The project site is zoned C2-1VL and is designated for General Commercial uses. A ten-foot wide buffer of land located half way around the property to the west, is zoned R1-1 and designated for Low Residential Uses. This buffer of land separates the proposed mixed use building from single-family residential uses that front along Flight Avenue. The proposed residential and commercial uses are consistent with the General Commercial designation and permitted within the underlying zone. The development is consistent with two major goals of the Community Plan to: 1) Provide a safe, secure, and high quality residential environment for all economic, age, and ethnic segments of the Westchester – Play de Rey community; and 2) Encourage a strong and competitive commercial sector that promotes economic vitality and serves the needs of the Westchester – Playa del Rey community through safe, accessible, and well-designed commercial districts, while preserving the historic and cultural character of the community. The project is also consistent with numerous objectives and policies of the Citywide General Plan Framework that seek to “Encourage new multi-family residential, retail commercial, and office development in the City's neighborhood districts, community, regional, and downtown centers as well as along primary transit corridors/boulevards, while at the same time conserving existing neighborhoods and related districts,” as well as “Provide a transition between conservation neighborhoods and their centers.”


The subject property is located within the Los Angeles Coastal Transportation Corridor Specific Plan, which establishes impact fees for projects in the C, M, and P Zones in order to provide a mechanism to fund specific transportation improvements and implement regulations intended to improve local traffic circulation. The project isn’t otherwise affected by the Specific Plan. As such, the Density Bonus and Site Plan Review requests comply with all applicable provisions of the Los Angeles Municipal Code. The subject building will be located within the C2-1VL Zone, which allows the proposed residential and commercial uses by right. The proposed increase in floor area ratio and height limits are permitted through density bonus approval pursuant to Section 12.22-A,25(g)(3) of the Municipal Code. Therefore, based on the entitlement findings in this case, the proposed project complies with all applicable provisions of the Municipal Code.

b. The project consists of an arrangement of buildings and structures (including height, bulk and setbacks), off-street parking facilities, loading areas, lighting, landscaping, trash collection, and other such pertinent improvements, that is or will be compatible with existing and future development on adjacent properties and neighboring properties.

The proposed project has been designed with open space, landscaping, outdoor recreation amenities and articulated building elevations. The building is comprised of five stories of residential units, with 2,600 square feet of neighborhood-serving commercial uses and a leasing office located on the ground floor. On-site parking will be located within three subterranean levels. Below is a discussion of the compatibility of the project to the surrounding neighborhood as well as the design of the building and its pertinent features. Planning staff has conducted an assessment of the projects compliance with the Citywide Design Guidelines for residential projects and the Walkability Checklist. Compatibility. The surrounding area is generally characterized by single family residential uses, with a cluster of low density commercial uses located immediately adjacent to the San Diego (405) Freeway. Residential density levels significantly increase on the north and east sides of the Freeway where there is a strong pattern of multi-family residential developments that are as tall as four stories. Properties to the north and west improved with one- and two-story single-family residences that front along Flight Avenue and 74th Street. The southerly adjoining properties across La Tijera Boulevard are improved with a gas station, a single-story restaurant, and single-family homes that front along Kittyhawk Avenue. Properties to the east and northeast of the property include an additional gas station, located across La Tijera Boulevard and a U.S. Post Office, respectively. The proposed project will be compatible with the surrounding development as it will replace an underutilized commercial parcel of land with a combination of multi-family housing units, which include affordable options, and commercial space. The site is currently improved with a one-story, 4,315 square-foot commercial/restaurant that has long since been vacated; a one-story, 785 square-foot hair/nail salon that was vacated as of February, 2012; a one-story, 2,850 square foot liquor store that operates as Stewart’s Liquor, and an associated surface parking lot. Although the proposed mixed-use development will be the only one of its kind in the vicinity, the new use will serve as an appropriate transition between the commercial uses that front along La Tijera Boulevard, and the westerly lying single-family residential neighborhood. The project will also serve as a buffer between the traffic of La Tijera Boulevard, a designated Major


Highway Class II, and the established neighborhood uses located on local and collector streets. The building has been designed with the nearby single-family residential uses in mind, as proposed tiered transitions have been stepped back away from these adjacent uses with the intention being to shield any direct line-of-site from the proposed multi-family uses. Site Planning/Building Orientation/Frontage. The project site is an irregularly-shaped reversed corner lot and is approximately 51,990 square feet. The lot has a right angle at the intersection of La Tijera Boulevard and 74th Street and curves along its westerly property line that adjoins single-family residences. The site has an approximately 300 foot frontage along La Tijera Boulevard and approximately 200 foot frontage along 74th Street. As measured by LADBS, the proposed building is 5 stories in height (56 feet from the bottom of the atrium units to the top of the building), with the residential units located on all levels. The shape of building mirrors the shape of the lot and contains a central courtyard that is open to sky. Nearly all units have a view of either the central courtyard or the rear landscaped buffer area. The primary pedestrian entrances for the commercial and residential components are located at grade along La Tijera Boulevard and 74th Street. Each of the four proposed retail space will have its own entrance at grade level off of La Tijera Boulevard. All entrances to the building will be articulated with a glass door, full-height windows and a metal canopy. With regards to vehicular access, the building proposes a single point of ingress and egress that is located on 74th Street. In an effort to preserve the integrity of the adjoining single-family neighborhood located to the southwest, the project has been conditioned to install a “No Left Turn” sign located on-site, at the point of exit. Vehicles will be encouraged to turn right, heading toward La Tijera Boulevard, rather than turning left and cutting through the streets of established neighborhood. The effort is to ensure that inhabitants of the proposed building are mindful of the neighboring community and make an effort to limit traffic impacts created by the development. Design. The scale, massing, and location of the proposed mixed-use building appropriately coincide with the shape and topography of the site and with the commercial and residential context of the properties that adjoin the project. The project has tiered its design in order to provide for a transition between the new building and existing residential community. It has additionally provided a landscape buffer ranging from 10 feet to 26 feet in width at the rear of the property, adjoining single-family residences. The proposed project has been designed consistent with the design policies set forth in the Westchester – Playa del Rey Community Plan, the Citywide Design Guidelines and the Walkability Checklist as further discussed below. Height/Bulk. Fifteen of the total 140 units are proposed to be located on the upper garage level. These units are identified as atrium units and will contain light wells that allow for light to enter. Given the proposed configuration, with units located below grade having direct access to the sky, the Department of Building and Safety has determined that the height of the building shall be measured from the bottom of the light wells, where the fifteen atrium units are located. As such, the height of the building will measure at least 10 feet higher than what it measures from grade level. As it will appear at the grade level, the 45-foot height of the proposed building is taller than all of the existing buildings in the immediate vicinity. The closest buildings that are comparable in height (three- and four-story) are located on the north and east sides of the 405 Freeway. These multi-family residential buildings range from approximately 1,350 and 1,450 feet away from the project site. They are located in the R3-1 Zone and do not contain a ground floor commercial component. The site’s C2-VL zoning permits a height limit of three stories, or 45 feet in height. For buildings that are 100%


residential, however, a building is permitted to have a height of 45 feet, regardless of the number of stories. Measured at grade, the mixed-use building will be one-story taller than what would otherwise be permitted in the zone; however, the project has appropriately requested relief in order to provide for the permitted density bonus increase. The total FAR is 128,072 square feet, which is less than 3:1 FAR that has been requested. The project seeks to be inviting to its residents, patrons, and the surrounding neighborhood, as it will be located within an area characterized by commercial and residential uses. The existing commercial uses include businesses that are neighborhood serving, such as a restaurant and post office. In addition, the development includes the provision of many on-site amenities for proposed residents that make for a walkable development and encourages residents to remain on the property, thereby, reducing impacts on community resources. As a result of the project’s design and function, the new building will reactivate the intersection in a manner that is permanent, compatible, and sets a high standard for future development in the community.

c. The residential project provides recreational and service amenities to improve habitability for its residents and minimize impacts on neighboring properties.

The proposed project provides a number of recreational and service amenities, including a lobby, community room, gym, pool, a landscaped courtyard, a landscaped rear yard, private laundry facilities, and on-site retail space. The internal courtyard and rear landscape area will include trees and shrubs within planters, and seating. These on-site amenities improve the habitability of residents and minimize impacts on neighboring properties.

Environmental Findings 9. Environmental Finding. A Mitigated Negative Declaration (ENV-2012-3437-MND) was

prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street.

10. Flood Insurance. The National Flood Insurance Program rate maps, which are a part of

the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 172,081, have been reviewed and it has been determined that this project is located in Flood Zone C, areas identified on the flood map as areas of moderate or minimal hazard from the principal source of flood. Currently, there are no flood zone compliance requirements for construction in these zones.

Case No. CPC-2012-3436-DB-SPR P-1

PUBLIC HEARING AND COMMUNICATIONS Hearing A public hearing conducted by the Hearing Officer on this matter was held in Room 1020, City Hall on Wednesday, May 29, 2013. 1. Present: The public hearing was attended by the Applicant’s representatives (Kristen and

Jonathan Lonner, of Burns & Bouchard, Inc), the project’s architect, a representative from the Certified Westchester – Playa del Rey Neighborhood Council (Patricia Lyon), a representative from the Affordable Living for the Aging (David Grimmel), a representative of the Osage Neighborhood Association, as well as over fifteen members of the public.

2. Initial Indication and Testimony: Both of the applicant representatives described the

proposed project and the requested entitlements. A provided PowerPoint presentation depicted the existing site as well as images of how the finished project would appear. They reviewed their community outreach efforts and described various volunteered traffic conditions the applicant agreed to as a result of community meetings (See Off-Site Improvements, listed under Issues). They described that while the project cannot exclusively rent to seniors, the building will actively market specifically to seniors, especially for the units market for Very Low Income households.

Patricia Lyon, of the Westchester – Playa del Rey Neighborhood Association spoke out in

support of the project. She described the project site as a “blight corner” and stated that the Association is in support of the project, in conjunction with a list of volunteered conditions.

David Grimmel stated that there are currently no more funds available for senior housing

and that they are in support of the project. Eight members of the public spoke out in opposition to the proposed project. Neighboring

residents shared the following questions and concerns:

1. The proposed building is too tall. It will be the tallest in the immediate area. The height should be reduced.

2. The building size and density does not fit in with the size and scale of the surrounding single-family neighborhoods.

3. There should be more than one central vehicular entrance and exit to the building, rather than the one on 74th Street.

4. Traffic will be impacted by the traffic from the U.S. Post Office that exits off of 74th Street.

5. How will the safety of nearby students be maintained during construction? 6. Where will construction workers parking during the construction phase? 7. Is the project by-right? Can it be denied? 8. The building will be of the highest density in Westchester and Playa del Rey. 9. A painted island should be installed on La Tijera Boulevard. 10. Traffic signals at the project intersection should be updated. 11. The traffic on La Tijera Boulevard is worse than what the submitted traffic study

describes. 12. LAX traffic will continue to increase. 13. La Tijera Boulevard should be expanded. 14. The project will add to traffic in the neighborhood because people use 74th Street to cut

between La Tijera and Sepulveda Boulevards.


15. A 100% commercial use is preferred at the site. 16. Haul route truck scheduling should be coordinated with the nearby school. 17. A previous proposal was for a much smaller project and was stopped.

The applicant’s representative answered questions received from the public and City Planning Staff. Below is a list questions asked by the Hearing Office, followed by the applicant’s representative’s response:

1. How will the privacy of the neighboring residents be maintained?

• The property’s rear yard landscape buffer that adjoins the R1-1 Zone and single-family residents will be maintained with an 8-foot tall wall between residents and planted 36” box trees.

• All residential units will face the interior of the building.

• Some walkways will face the R1 Zone; however, walkways will be screened in a manner that a 6-foot tall person would not be able to see into adjoining properties.

2. How long is construction anticipated?

• 18-24 months

3. Where will temporary parking occur during construction?

• Temporary parking will be leased off-site.

4. Is parking permitted along La Tijera Boulevard?

• No

The hearing was then concluded. Public Input The Planning Department received over 38 letters (e-mails) regarding the requested

action. Of the 38, two letters were in support and the rest were letters in opposition as well as those requesting that the project be reduced in scale. Letters shared similar concerns as those listed at the hearing. The general sentiment is that the proposed project is too large, too tall, too dense, too bulky, and will create a significant traffic impact to the area. Letters described a general concern for the safety of pedestrians in the neighborhood. One letter contained a petition of over 180 signatures in opposition to the project. Another letter provided a video the site to show that 74th Street is too narrow to serve as the sole point of ingress and egress.

Two letters of support were received from nearby residents. One letter in support was

received from an abutting property owner on Flight Avenue. She explained that the current site has been a nuisance that has attracted unlawful behavior in the past and believes the proposed project would be an improvement a 100% commercial project or the existing vacant lot. The second letter was from a resident on the east side of the 405 freeway. She explained that the development would improve the look and feel of the area and welcomed neighborhood serving commercial uses on the ground floor.

A third letter of support was received from the President/CEO of the LAX Coastal Area

Chamber of Commerce, Christina Davis. She stated that the project represents smart growth for the area and described the need to redevelopment the project site that has sat nearly vacant for the past 20 years.

The Planning Department has not received any feedback from Councilmember Bonin’s

office. The Certified Neighborhood Council has submitted a conditioned letter of support of the project.


The applicant’s representative provided a letter in response to concerns received from

neighboring residents. The letter clarifies the requested actions, stating that the density, floor area ratio, and parking are on-menu incentives that would have been granted on a by-right basis. Height relief has been requested as an off-menu modification of a development standard due to the unique zoning of the site and because it was rezoned in 2003 from C2-1 to C2-1VL, which limited the height to three stories and 45 feet.

Departmental Communications 1. One letter was received from the California Department of Transportation (Caltrans) in

response to the Mitigated Negative Declaration. The letter requested that a revised Traffic Impact Study (TIS) be prepared using the Highway Capacity Manual (HCM) methodology and that the TIS must include an analysis of ADT, AM, and PM peak-hour volumes for both the existing and future conditions in the affected area. Future conditions should include built-out of all projects and any plan-horizon years (at least 20 years). In response, the applicant’s traffic consultant, Hirsch/Green Transportation Consulting, Inc., submitted a letter to the Department of City Planning that states the following: “The traffic study analyzed key freeway ramps utilizing LADOT’s current traffic study policies that include the Critical Movement Analysis (“CMA”) methodology for the analysis and evaluation of traffic operations at signalized intersections, as detailed in Circular Number 212 published by the Transportation Research Board (“TRB”). This analysis technique describes the operating characteristics of an intersection in terms of the Level of Service (“LOS”). Additionally, the I-405 Freeway mainline segment was evaluated by utilizing the Congestion Management Program (“CMP”) recommended methodology. The Caltrans Traffic Study guide was consulted in the preparation of the Traffic Study but it does not provide a definition of thresholds of significance; therefore, the CMP methodology was used for the evaluation of the I-405 Freeway mainline, because it defines thresholds of significance and is the standard methodology used by the lead agency for the evaluation of freeway mainlines for all traffic studies within the City of Los Angeles. The CMP, a state-mandated program, includes procedures and thresholds that provide a consistent evaluation of projects to address the potential impacts on the regional transportation system. Further, the project is expected to generate significantly fewer than the 150 additional trips that would indicate the potential for a significant impact on the freeway system. In fact, the project would only add between 39 and 59 net trips to these facilities per day, while adding a maximum of only 9 trips during the peak hours (about 1 new trip every 6 to 7 minutes on average). Note that the project’s traffic impacts to the mainline I-405 Freeway are fully discussed and analyzed in the project traffic study, which concludes that the project will add only nominal amounts of new traffic to either the freeway mainline or subject ramps, and as such, will not result in any significant impacts to either of these facilities. Therefore, no additional analyses are warranted.”

2. Departmental reports were received from the Los Angeles Fire Department and the

Bureau of Engineering. However, it is beyond the purview of the City Planning Commission to act on such conditions, as they are relative to the public right-of-way.

No other written communications were received.

department of city planningplanning.lacity.org/staffrpt/initialrpts/cpc-2012-3436.pdf ·...

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