TRANSMITTAL TO CITY COUNCIL

Case No. ZA· 2011·2387·ZV·ZAA·1A CD No. 15 - BuscainoENV·2011·2388·MNDPlanning Staff Name(s) and Contact No. Last Day to Appeal:Sue Chana (213) 978·3304Name(s), Applicant/Representative, Address, and Phone Number

Applicant: Representatives:William Hall Lee AmbersElizabeth McGrath Johansing Partnership California Property Consultants339 North Arroyo Drive P.O. Box 7570Pasadena, CA 91775 Van Nuys, CA 91409·7570(626) 281·7849 (818) 996·0204whaIl66@aol.com lee@heli~orts.com

Name(s), Appellant/Representative, Address, and Phone Number

Appellants: Representative:Jesse N. MarquezCoalition for a Safe Environment (CFASE)1601 B North Wilmington BoulevardWilmington, CA 90744(310) 704·1265cfase@att.net or inmarguez@att.net

Skip BaldwinWilmington Citizens Committee632 N. Broad AvenueWilmington, CA 90744

Prolect Description

An appeal of the Zoning Administrator's decision to: 1) deny, pursuant to the provisions of Section 12.27of the Los Angeles Municipal Code, a Zone Variance from Section 12.21-A,6(c) to permit vehicle parkingand storage without paving, bumper guards, wheel stops, walls, curbs and landscaping as otherwiserequired of an automobile parking area; 2) approve, pursuant to Section 12.27 of the Code, ZoneVariances from Section 12.09.1-A to permit overnight parking for tractor/trailer trucks and the openstorage of shipping containers in the [Q]RD3-1XL-O Zone, as otherwise not permitted; and from Section12.21-A,6(d) to permit no enclosing walls along the front, side and rear property line as otherwiserequired of an automobile parking area; 3) approve, pursuant to Section 12.28 of the Code, a ZoningAdministrator's Adjustment to allow a 1-foot front yard setback in lieu of the 15 feet otherwise required inthe [Q]RD3-1XL-O Zone in conjunction with the proposed truck/trailer parking and container storagefacility; and adopt the recommendation of the Lead Agency to adopt Mitigated Negative Declaration ENV2011-2388-MND as the environmental clearance for this action.

At its meeting on February 5, 2013, the Harbor Area Planning Commission failed to act on the matter,with a 2-2 vote.

Per Charter Section 245 of the Municipal Code, the Council District is asserting jurisdiction on thedetermination of the Harbor Area Planning Commission. See Council File 13-0212 attached motion.

prc;;;~;"1~ Date

cfl-tU- ;U;/3/rv

V f PLAI\:i<:i'~(;Jit; ii\.\;.

HARBOR AREA PLANNING COMMISSION200 N. Spring Street, Room 272, Los Angeles, California, 90012-4801, (213) 978-1300

www.lacity.org/PLN/index.htm

DETERMINATION MAILING DATE:.__ EEB is 2013"" _

CASE NO.: ZA-2011-2387-ZV-ZAA-1A

CEQA: ENV-2011-2388-MND

Location: 920 North Eubank AvenueCouncil District: 15Plan Area: Wilmington-Harbor CityZone: [Q]RD3-1XL-ODistrict Map: 033B209, 030B209Legal Description: Lot PT1X, Arb 6,Block 20 ACR, New San Pedro Tract

Applicant: William Hall, Elizabeth McGrath, Johansing PartnershipRepresentative: Lee Ambers, California Property Consultants

Appellant: Jesse N. Marquez, Coalition for a Safe EnvironmentSkip Baldwin, Wilmington Citizens Committee

At its meeting on February 5, 2013, the Harbor Area Planning Commission (APC) heard an appealregarding the following matters:

The Zoning Administrator's approval of the Zone Variances from Section 12.09.1-A to permitovernight parking for tractor/trailer trucks and the open storage of shipping containers in the[Q]RD3-1XL-O Zone, as otherwise not permitted; and from Section 12.21-A,6(d) to permit noenclosing walls along the front, side and rear property line as otherwise required of an automobileparking area.

The Zoning Administrator's approval of an Adjustment pursuant to Section 12.28 of the MunicipalCode to allow a t-foot front yard setback in lieu of the 15 feet otherwise required in the [Q]RD3-1XL-O Zone in conjunction with the proposed truck/trailer parking and container storage facility.

The decision of the Zoning Administrator to adopt Mitigated Negative Declaration ENV 2011-2388-MND as the environmental clearance for the above actions.

At the conclusion of the meeting the APC failed to act by a vote of 2 to 2 on the appeal. The APChad until February 13, 2013, to act pursuant to 12.27N and J and 12.24.1.4 of the Municipal Code.

Appeal Status:

Variances: Not appealable. Pursuant to Section 12.27.N.1 of the MuniCipal Code, appellant mayfile a request for a transfer of jurisdiction to the City Council for decision regarding the APC's failureto act on the appeal of the Zoning Administrator's approval of the Zone Variances from Sections12.09.1-A and 12.21-A,6(d) of the Municipal Code.

ZA-2011-2387-ZV-ZAA-1A920 North Eubank Avenue

Page 2

Adjustment: No further rights to appeal are provided by the Municipal Code pursuant to LAMC §12.24.1.4.

Mitigated Negative Declaration(MND): Appealable to City Council pursuant to Public ResourcesCode § 21151 (c).

Fely . Pi 01, Commission Executive AssistantHarbor Area Planning Commission

If you seek judicial review of any decision of the City pursuant to California Code of CivilProcedure Section 1094.5, the petition for writ of mandate pursuant to that section must befiled no later than the 90th day following the date on which the City's decision became finalpursuant to California Code of Civil Procedure Section 1094.6. There may be other timelimits which also affect your ability to seek judicial review.

Attachment: Zoning Administrator's Decision Letter dated November 15, 2012

cc: Notification ListSue Chang

City of Los Angeles -Department of City Planning

APPEAL TO THE: Harbor Area Planning Commission(DIRECTOR, AREA PLANNING COMMISSION, CITY PLANNING COMMISSION, CITY COUNCIL)

REGARDING CASE #: ZA 2011-2387 (ZV)(ZAA)

PROJECT ADDRESS: 920 North Eubank Avenue, Wilmington, CA 90744

FINAL DATE TO APPEAL: November 30,2012~~~~-------------------------TYPE OF APPEAL: 1. 1:1 Appeal by Applicant

2. EI Appeal by a person, other than the applicant, claiming to be aggrieved

3. 1:1 Appeal by applicant or aggrieved person from a determination made by the Departmentof Building and Safety

APPELLANT INFORMATION - Please print clearly

Name: Jesse N. Marquez

• Are you filing for yourself or on behalf of another party, organization or company?

IZI Self IZI Other: Coalition For A Safe Environment (CFASE)

Skip Baldwin, Wilmington Citizens Committee

Address: 1601 B North Wilmington Blvd.

Wilmington Zip: 90744

Telephone: (310) 704-1265 E-mail: cfase@att.net

• Are you filing to support the original applicant's posltion?

DYes IZI No

REPRESENTATIVEINFORMATION

Name: Jesse N. Marquez

Address: 1601 B North Wilmington Blvd.

Wilmington Zip: 90744

Telephone: __ --'3::..c1c:0-'-7c:0-'-4--'1c::.26'-'5~__ E-mail: jnmarquez@att.net

This application is to be used for any appeals authorized by the Los Angeles Municipal Code for discretionary actions administered bythe Department of City Planning.

CP-7769 (11/09/09)

JUSTIFICATION/REASON FOR APPEALING - Please provide on separate sheet.

Are you appealing the entire decision or parts of it?

o Entire ~ Part

Your justification/reason must state:

• The reasons for the appeal • How you are aggrieved by the decision

• Specifically the points at issue • Why you believe the decision-maker erred or abused their discretion

ADDITIONAL INFORMATION/REQUIREMENTS

• Eight (8) copies of the following documents are required (1 original and 7 duplicates):

• Master Appeal Form• Justification/Reason for Appealing documentIII Original Determination Letter

• Original applicants must provide the original receipt required to calculate 85% filing fee.

• Original applicants must pay mailing fees to BTCand submit copy of receipt.

• Applicants filing per 12.26 K "Appeals from Building Department Determinations" are considered original applicantsand must provide notice per 12.26 K 7.

• Appeals to the City Council from a determination on a Tentative Tract (IT or VIT) by the City (Area) PlanningCommission must be filed within 10 days of the written determination of the Commission.

• A CEQA document can only be appealed if a non-elected decision-making body (i.e, ZA, APC, CPC, etc ...) makes adetermination for a project that is not further appealable.

"If a nonelected decision-making body of a local lead agency certifies an environmental impact report, approves anegative declaration or mitigated negative declaration, Dr determines that a project is not subject to this division, thatcertification, approval, or determination may be appealed to the agency's elected decision-making body, 11any."--CA Public Resources Code §21151 (c)

I certify that the statements contained in this application are complete and true:

Appellant Signature: ?« /1, ~<: Date: _.LILI_~-"7L.::...0-,---"2,,,-=-tl-,I-,,L~

Planning Staff Use OnlyA'

Amount /es: «z: Reviewed and Accepted by <?(/~ ~ Date 1,13'0 !t2.Receipt No. ,~irQ1 Deemed Complete by Date

.

o Determination Authority Notified o Original Receipt and BTCReceipt (if original applicant)

CP-7769 111/09/09)

Jesse N. MarquezCoalition For a Safe Environment

Skip BaldwinWilmington Citizens Committee

JUSTIFICATION/REASON FOR APPEALING

1. The reasons for the appeal:

Wilmington Residents, Wilmington Community Organizations and the City of Los Angeles WilmingtonNeighborhood Council:

a. Oppose all recommended approvals for Zone Variances because they will cause increased negative

public health, public safety, public welfare, traffic congestion, air pollution, global warming, land

contamination, water contamination, public transportation infrastructure damage, socio-economicimpacts and cause residential property devaluation.

b. Oppose all recommended approvals for Zone Variances because they will violate city, county, state

and federal laws, rules, regulations, policies, programs, Los Angeles City Charter, Los Angeles

Municipal Codes that were established to protect the health, safety, welfare, quality of life,

environment, civil rights and environmental justice rights of Los Angeles City residents and thepublic.

c. Provided both verbal and written public comments and supporting documentation evidenceopposing the proposed Zone Variances and the justifications which were submitted and ignored.

See documents in the record, documents received by Sue Chang and the attachments to the

appeal.

d. Provided information on the irreparable short term and long term harm that would occur to

Wilmington residents, the public and environment.

2. Specificallythe points at issue:

a. The Approvals violate City of Los Angeles adopted Ordinance No. 177244.b. The Approvals violate Los Angeles Charter Section 562 (1) because current zoning does not result in

practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of

zoning regulation.c. The Approvals violate Los Angeles Charter Section 562 (4) because it will be materially detrimental

to the public welfare.d. The Approvals violate Los Angeles Charter Section 562 because it does not remedy a disparity of

privileges and does not protect the public health, safety or welfare but in fact will grant privileges

to private businesses over the public best interests and business not owned by Wilmington

residents.

e. The Approvals violate Los 'geles Charter Section 12.27 D. and E.Liause oral and submitted

written public comments demonstrate non-compliance with the requirements of the Findings for

Approval and Conditions of Approval.f. Approvals do not comply with the City of Los Angeles Zoning Regulations regarding RD restrictions

g. Approvals do not comply with City of Los Angeles, County of Los Angeles, State of California andFederal Government public health, safety and welfare laws, rules, regulations, charters and

ordinances to protect residents and the public.h. Approvals do not comply with City of Los Angeles, County of Los Angeles, State of California and

Federal Government Environmental Justice laws, policies, executive orders, rules, regulations,

programs, charters and ordinances to protect residents and the public from unfair treatment,

discrimination, negative disproportionate impacts and cumulative impacts.

i. Approvals do not comply with CEQA:

The California Environmental Quality Act (CEQA)Statue (Public Resources Code 21000-21177) and

CEQA Guidelines (California Code of regulations, Title 14 Division 6, Chapter 3, Sections 15000-

15387) as identified in the following public comments:

1). §21000. LEGISLATIVEINTECT

The Legislature finds and declares as follows:(a) The maintenance of a quality environment for the people of this state now and in the future is amatter of statewide concern.(b) It is necessary to provide a high-quality environment that at all times is healthful and pleasingto the senses and intellect of man.(c) There is a need to understand the relationship between the maintenance of high-qualityecological systems and the general welfare of the people of the state, including their enjoymentof the natural resources of the state.(d) The capacity of the environment is limited, and it is the intent of the Legislature that thegovernment of the state take immediate steps to identify any critical thresholds for the healthand safety of the people of the state and take all coordinated actions necessary to prevent suchthresholds being reached.(e) Every citizen has a responsibility to contribute to the preservation and enhancement of theenvironment.(f) The interrelationship of policies and practices in the management of natural resources andwaste disposal requires systematic and concerted efforts by public and private interests toenhance environmental quality and to control environmental pollution.(g) It is the intent of the Legislature that all agencies of the state government which regulateactivities of private individuals, corporations, and public agencies which are found to affect thequality of the environment, shall regulate such activities so that major consideration is given topreventing environmental damage, while providing a decent home and satisfying livingenvironment for every Californian.

2). §21001. ADDITONAL LEGISLATIVEINTENT

The Legislature further finds and declares that it is the policy of the state to:a) Develop and maintain a high-quality environment now and in the future, and take all action

necessary to protect, rehabiliL2, and enhance the environmental qUa," of the state.(b) Take all action necessary to provide the people of this state with clean air and water, enjoymentof aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessivenoise.(c) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish andwildlife populations do not drop below self-perpetuating levels, and preserve for futuregenerations representations of all plant and animal communities and examples of the majorperiods of California history.(d) Ensure that the long-term protection of the environment, consistent with the provision of adecent home and suitable living environment for every Californian, shall be the guidingcriterion in public decisions.(e) Create and maintain conditions under which man and nature can exist in productive harmony tofulfill the social and economic requirements of present and future generations.(f) Require governmental agencies at all levels to develop standards and procedures necessary toprotect environmental quality.(g) Require governmental agencies at all levels to consider qualitative factors as well as economicand technical factors and long-term benefits and costs, in addition to short-term benefits andcosts and to consider alternatives to proposed actions affecting the environment.

3). CCR§15002. GENERAL CONCEPTS

(a) Basic Purposes of CEQA.The basic purposes of CEQAare to:

(1) Inform governmental decision makers and the public about the potential, significantenvironmental effects of proposed activities.(2) Identify the ways that environmental damage can be avoided or significantly reduced.

4). CCR§15003. POLICIES

In addition to the policies declared by the Legislature concerning environmental protection andadministration of CEQA in Sections 21000, 21001, 21002, and 21002.1 of the Public ResourcesCode, the courts of this state have declared the following policies to be implicit in CEQA:

(a) The EIRrequirement is the heart of CEQA. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)(b) The EIRserves not only to protect the environment but also to demonstrate to the public that itis being protected. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)

5). CCR§15021. DUTY TO MINIMIZE ENVIRONMENTAL DAMAGE AND BALANCE COMPETING PUBLICOBJECTiVES

(a) CEQA establishes a duty for public agencies to avoid or minimize environmental damagewhere feasible.(1) In regulating public or private activities, agencies are required to give major considerationto preventing environmental damage.(2) A public agency should not approve a project as proposed if there are feasible alternativesor mitigation measures available that would substantially lessen any significant effects thatthe project would have on the environment.

(b) In deciding whether chan~_cin a project are feasible, an agency mo,consider specificeconomic, environmental, legal, social, and technological factors.

3. How you are aggrieved by the decision:

I a Wilmington resident, Wilmington Residents living in close proximity to 920 N. Eubank Ave,

Wilmington Community Organizations and the Wilmington Neighborhood Council:

a. Will be exposed to increased toxic air pollution causing respiratory health problems.b. Will experience an increased toxic air pollution exposure, respiratory health problems and risk

from cumulative impacts from this property and other nearby business properties.

c. Will be exposed to increased toxic air pollution causing blood disease health problems.

d. Will experience an increased toxic air pollution exposure, blood diseases health problems andrisk from cumulative impacts from this property and other nearby business properties.

e. Will cause negative socio-economic impacts from loss of disposable income due to medical care,

medical rehabilitation, medical prescriptions and medical equipment needs costs.

f. Will be exposed to increased public safety impacts and risk dangers from accidents and hazardous

material being transported.g. Will experience an increased public safety and risk dangers from cumulative impacts from this

property and other nearby business properties.h. Will experience significant increased diesel truck traffic congestion causing delays in getting to

work, causing a loss in income, loss of employment, delays in transporting children to schools,

traveling for medical care or seeking emergency care assistance.

i. Will experience significant increased cumulative impacts from combined truck traffic congestion

combined with other nearby diesel truck and passenger car traffic congestion.j. Will cause an increase in blight in the community due to property, structures, fencing deterioration,

on-property trash, adjacent street property trash, property ground and street contamination and

negative beauty aesthetics.k, The diesel truck operation and blight will cause increased public safety risks from leaking motor oil,

brake fluid, steering fluid, radiator antifreeze on public streets, sidewalks and curbs.

I. The diesel trucks operation and blight will cause both on-site and off-site ground contaminationand water run-off contamination to city and county gutter and sewer systems and coastal oceans

and biotic life.m. Will cause a decrease in residential property values due to all the reasons stated herein.

n. Will cause a decrease in rental/lease property income due to all the reasons stated herein.

o. Will be forced to experience personal travel time traffic delays.

p. Will cause Wilmington residents and the public to incur significant costs to due negative

transportation infrastructure damage, repair, maintenance and replacement.

q. Will cause a diversion of public emergency and safety responses, services, response times and loss

revenues.r. Will case negative socio-economic impacts to Wilmington Residents and the public which were not

identified, assessed and mitigated.

4. Why you believe the decision-maker erred or abused their discretion:

Sue Chang Associate Zoning Administrator erred and abused her discretion and authority:

e. By arbitrarily failing to comply with city, county, state and federal laws, rules, regulations, policies,programs, Los Angeles City Charter, los Angeles Municipal Codes that were established to protect

the health, safety, welfare, quality of life, environment, civil rights and environmental justice rights

of los Angeles City residents and the public.

f. By arbitrarily allowing a Mitigated Negative Declaration in lieu of an Environmental Impact Report,

Health Risk Assessment and Health Impact Assessment which would have disclosed in more

comprehensive assessments significant negative resident and public impacts.

g. By only considering both verbal and written submitted public comments presented at the publichearing and dismissing and ignoring written comments submitted to her prior to her final decision

and determinations.h. By her failure to advise individuals and organizations that she would not consider their submitted

written public comments if they had not attended the public hearing even though she stated that

she was still accepting written public comments until her final determination.

i. By her failure to uphold the City of Los Angeles adopted Ordinance No. 177244 that was passed onDecember 15, 2005 as a result of Wilmington Residents, Wilmington Community Organizations and

the Wilmington Neighborhood Council requests to los Angeles City Councilmember Janice Hahn,

15th District to update and impose new and stricter zoning and land use requirements. The

requests resulted in a one year moratorium on new permits and zoning g variances so that aninvestigation by city planning and other department taskforce members could investigate

community allegations, prepare a finding report and recommend a new ordinance and zoning land

sue conditions which were adopted in City of los Angeles adopted Ordinance No. 177244.

j. By her failure to comply with the Wilmington-Harbor City Community Plan and her knowledge thatthe City of los Angeles has arbitrarily cancelled indefinitely the updating of the Wilmington-Harbor

City Community plan which would have resulted in new public rights protections and land use

restrictions via a public participation process.k. By her failure to send a written copy of her Final Determination Letter to all parties that had

submitted written public comments.I. The Applicant has no rights due to their loss of industrial entitlements.m. The Applicant having entered into a five year lease agreement with another party to operate a

container yard contract without having a prior City of Los Angeles approved permit, waiver or

variance is irrelevant.n. The Applicant is currently allowing its property to be illegally operated by another party without a

City of los Angeles approved permit, waiver or variance.o. The Applicants statement that it is difficult to obtain financing for residential development is

irrelevant.p. The Applicant failed to consider any other possible legal land uses.

q. Zoning Administrators Adjustment Findings:

#6. Failed to disclose that that less than 500' distance from the property is surrounding residential

properties making the decision not compatible with the surrounded uses.#7. Failed to identify what parts of the General Plan would not be in conformance to city charter

sections, city ordinances, zoning and other applicable laws, rules, regulations, programs and

executive orders that her decision and property use would not be in conformance.

# 8. Failed to identify what parts of the Planning and Zoning Codes would not be in conformance to

city charter sections, city ordinances, zoning and other applicable laws, rules, regulations, programs

and executive orders that her decision and property use would not be in conformance.

# 9. Failed to consider, identify, assess or mitigate numerous adverse impacts identified by

Wilmington Residents, Wilmington Community Organizations and the City of Los Angeles

Wilmington Neighborhood Council.# 10. The fact that surrounding properties have reduced front yard setbacks is irrelevant because

new ordinances, updated ordinances and zoning requirements have been established to meet newcommunity quality of life, public health, public safety and public welfare standards

ATTACHMENTS

October 26, 2012

Sue Chang

Associate Zoning Administrator

Office of Zoning Administration

200 N. Spring Street, 7'h Floor

Los Angels, CA 90012

Alison Becker, AICP

Economic Development & Planning Director

Joe Buscaino

Councilman, is" District

200 N. Spring Street, rm. 425

Los Angeles, CA 90012

Re: Mitigated Negative Declaration NG-12-134-PL ENV-2011-2388

920 N. Eubank Ave., Wilmington, CA 90744

Su: Request for Public Comment Extention to Submit Public Comments Opposing Mitigated Negative

Declaration, Permit & Zoning Administration Adjustment

Dear Ms. Chang:

We wish to submit the following Public Comments opposing the Mitigated Negative Declaration (MND), Permit

& Zoning Administration Adjustment for the property located at 920 N. Eubank Ave., Wilmington, CA 90744.

We request an extension of the public coment period because the City of Los Angeles failed to adequately

identify and assess all communtiy and resident impacts from the proped business operation at ths location and

failed to notify residents who live ib close proximity to the property location.

Public Notification:

1. Although the Zoning Adminstration and Planning Department may follow all city adopted public

notification proceedures there are deficiencies in the notification procedures and process that can on

ocassion have significant negative community and residential impacts. Los Angeles and Wilmington

Residents have on numerous times stated that the 500' notfication distance is inadequate when most

city blocks are approximately 650'/750' in length and numerous times the fact is that residential areas

often border the end of the block. Todate the city has ignored hundreds if not thousands of requests to

amend this distance notification requirement.

2. When a business and industry may pose signficant impacts on local residents and the surrounding

community than the city should be required to extend the public notification to 5,000'. We formally

request that residents within 5,000 feet be notified of this proposed business operation.

3. When a business and industry may pose significant impacts on local residents and the surrounding

community than the city should be required to extend the public notification time period.

4. Public notification should ivolaced in local newspapers and in newspL,:crs of foreign language if there

is a significant large foreign language speaking population. The Los Angeles Times is not considered a

local community paper since it rarely reports any news or events of Wilmington. The Random Lengths

Newspaper is freely distributed in Wilmington, the Daily Breeze is a local paid newspaper, La Opinion is a

paid Spanish Language newspaper and Hoy is also a Spanish language newspaper freely distributed in

Wilmington. We request that notifications be placed in these local newspapers.

5. There are numerous Wilmington Community Based Organizations that actively participate in numerous

city departments public meetings, planning departrment hearings, special joint city and community

committees/taskforces, legislative & councilmatic affairs and events that you should have notified. The

City has master lists of CBO's and each Councilmatic Office has a master list. Many also have internet

sites and email addresses for fast and efficient paperless notification. We reqquest that you include

local community organizations in your notification process.

6. See attached GIS Google Map and GIS Polygon Map that show the proximity of Wilmington residents to

this business location.

Mitigated Negative Declaration:

1. The Mitigated Negative Declaration (MND) failed to assess the truck traffic from this location. While

most truck new traffic will enter from Anaheim Street the MND failed to identify that that

Longeshoremans Union has as Dispatch Hall on the same street and twice a day from about 6:00am-

9:00am and 2:00pm-5:00pm between 1,000-2,000 union workers show up for potential jobs each day.

As expected there is significant inadequate parking on-site so they park every where for blocks away.

This includes the residential area that borders the end of the block, along both sides of Anaheim Street

and across the street north of Anaheim Street. No truck or car traffic count was conducted.

2. The Mitigated Negative Declaration failed to assess the tractor/trailer truck traffic from other nearby

similar business locations on the same street. No truck or car traffic count was conducted. Color

photographs attached show truck traffic leaving Eubank heading south to Anaheim Street.

3. The Mitigated Negative Declaration failed to assess the truck traffic across the street north of Anaheim

Street. No truck or car traffic count was conducted. Color photographs attached show tractor/trailer

truck traffic leaving north of Anaheim Street on Eubank heading North to Anaheim Street causing traffic

congestion at this intersection.

4. The Mitigated Negative Declaration failed to assess the truck traffic, equipment and oil well drilling

project traffic and noise on the same Eubank street. Warren E&P will be drilling oil wells for the next 5-

10 years.

5. The Mitigated Negative Declaration failed to assess other cumultaive residential imacts such as when

residents try to take an alternatuive route traveling east the Port of Los Angeles and three oil refineries

use the Alameda Corridor BNSF Railroad train. The BNSF Railroad trains travel north to the BNSF

Watson Railyard that is one block over to the east which prevents residents from taking an alternative

easterly route. Trains can block traffic for more than 20-30 minutes numerous times during the day.

6. The Mitigated Negative Deation failed to conduct a noise study to L ermine the current and futurenoise increases from this business location and the current and future cumulative noise increases fromall nearby sources.

7. The Mitigated Negative Declaration failed to conduct a noise study to determine the current and futurediesel exhaust air pollution from tractor/trailer trucks increases from this business location and thecurrent and future cumulative air pollution increases from all nearby sources.

8. The Mitigated Negative Declaration failed to conduct a public safety study to determine the current andfuture car accidents and pedestrian accidents from tractor/trailer truck traffic increases from thisbusiness location and the current and future cumulative traffic accidents from all nearby sources.

9. The Mitigated Negative Declaration failed to conduct a public street infrastructure repair, maintenanceand replacement public cost impact study to determine the current and future infrastructure costs fromtruck trafffic increases from this business location and the current and future cumulative infrastructurecosts from all nearby sources.

10. The Mitigated Negative Declaration failed to conduct a Health Impact Assessment to determine thecurrent and future public health impact increases from this business location and the current and futurecumulative public health impact increases from all nearby sources. All scientific medical research hasdisclosed that residents who live in close proximity to diesel truck transportation corridors have a higherincidence of asthma, lung cancer, COPD and numerous other health problems. In addfiton there areother siinficant health problems caused by increased rats, rodents, racoons and possums who live andhide in these locations and cross the street into residents homes. In addition empty containers are notsanitized or decontaminated when placed into storage yards. The epidemic of West Nile Virus in LosAngeles probably came from a container. A 13 year old Wilmington girl was in critical condition in theemergency tereatment at Long Beach Memorial Hospital from West Nile Virus. Containers store toxic,hazardous, radioactive and explosive chemicals.

11. The Mitigated Negative Declaration failed to assess tractor/trailer trucks dumping their trash, old oil,used oil filters, old tires and used truck parts in the streets and empty lots of Wilmington.

12. The Mitigated Negative Declaration failed to assess the release of fugitive HFC's which are Green HouseGases (GHG's) from tractor/trailers, trucks and reefer containers air conditioning units. GHG's havenegative impacts on the environment, public health and public safety.

13. The Mitigated Negative Declaration failed to assess the release of fugitive dust and dirt. Unpavedparking is unacceptable because it creates fugitive dust as tractor/trailer trucks drive in and out of thestorage yard. The dust blows onto the streets which are not cleaned by the tenant daily and thereforeblows into the air as cars dry by. The dust on windy days blows into into nearby residents homes andyards. It is impossible for the applicantg to claim that.rno dirt will be exported off-site," when everyunpaved storage yards has fugitive dust and dirt. Not only that trucks leaks oil profusely, especially asthey get older, this oil leaks onto public streets and mixes with the dust and dirt and gets on residentstires and tracked to their homes and driveways.

14. The Mitigated Negative Declaration failed to assess the release of fugitive dust and dirt onto publicstreets which will have oil hydrocarbon contamination from leaking motor oil, brake fluid, etc and

grease which will flow into . gutters when it rans and then into the

state and federal law,

This is prohibited by both

15, The Mitigated Negative Declaration failed to assess the aesthetic impact of unwalled and run down walls

and fencing which makes the RD3 neighborhood look unattactive, Tractor/trailor trucks and container

storage yards always look unattractive, they typically messy, unorganizaed, have oil all over the ground

and they typically will also do maintainance and repair of trucks and containers, Most will also expand

their storage to include conatinmer chassis which aare also atcked high, Most storage yards also

contribute to blight in the community,

16, It is for all of the above reasons that a ful Environmental Impact Report should have been required not a

Mitgated Negatuive Decaration. Which is why we request that an EIRto be prepared.

17, See Attached photographs. All photographs taken between 7:00am and 8:30am,

Permit & Zoning Administration Adjustment:

1. We request that there be no Variance, Waiver or Condition Use Permit that would allow a tractor/trailer

truck and/or a shipping container/chasis storage yard to be allowed and permited in an RD3 Zone. They

are only allowed in M3 Zones.

2, Tractor/trailer trucks and/or shipping container/chasis storage yards must comply with the City of Los

Angeles adopted Ordinance No, 177244 that was passed by the Council of the City of Los Angeles on

December 14, 2005. This Ordinance was initaited by Wilmington residents in the first place to limit

truck and container storage yard expansion in and near residential areas,

3, Under no circumstance is it acceptable to Wilmington residents or the communty for the City of Los

Angeles to grant and approve a permit for an indefinite time period, This business land use is

incompatible in a residentail community and will cause signficant environmental, public safety and

public health impacts. An indefinite time period prevents other preferd business uses such as Green

Businesses which the community supports, Many business that have been grandfathered in forever

have been community nighmares, major air pollution sources, public safety hazards and blighted areas.

4, Trucks over 6,0001bs are prohibited on Eubank Ave a residential street which also has a City of Los

Angeles sign posted stating that trucks over 6,0001bs are prohibited, It is impossible for tractor/trailer

trucks to make a right lane turn into north Eubank because the street was not designed or built for right

lane turns by Big Rig trucks. Trucks currently have to make a right turn from the center lane which

blocks all traffic traveling West on Anaheim Street, This will become an even greater problem since it is

proposed that they will be transloading products from 40' containers to 53' containers.

5. It is unaccapteble to the community to decrease setbacks, The community supports setbacks so that

they can allow landscaping and the beautification of the area,

Our photographs also show that the site is currently being occupied by tractor/trailer trucks and containers who

are coming and going from this address,

We have attached a letter from the Wilmington Neighborhood Council dated August 24, 2012 which also

requests denial of a permit and waivers.

It is for the reasons that our organ ions request that the application, permit. :cliver and variance requests be

denied.

Respectfully Submitted,

~j)~({~Skip Baldwin

Wilmington Resident &

President

Wilmington Citizens Committee

632 N. Broad Ave.

Wilmington, CA 90744

Jesse N. Marquez

Executive Director

Coalition For A Safe Environment

1601 N. Wilmington Blvd.

Wilmington, CA 90744

310-704-1265

920 Eubank Ave East View Currently Occupied

920 Eubank Ave North East View Currently Occupied

ILWU Worker Traffic On Eubank Ave View South From Grant Street & View Of Oil Well Drilling Project

IlWU Worker Parking On Eubank Ave View South From Grant Street

ILWU Worker Car & Adjacent Business Truck Traffic View South From Anaheim Street

Business Truck Traffic On Eubank Ave View North From Anaheim Street

Wilmington Resident Blocked By Train Trying To Take Alternative Route Away From Eubank Ave Traffic

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Wilmington Neighborhood Council544 N. Avalon Boulevard, Suite 103· Wilmington, California 90744 • (310) 522-2013

August 24, 2012

Office of Zoning Administration

200 North Spring Street, 7th Floor

Los Angeles, California 90012

RE: Case No, ZA 2011-2387(ZV)(ZAA)

Zone Variance

CEQA No. ENV 2011-2388-MND

Dear Zoning Administrator:

The Wilmington Neighborhood Council (WNC) discussed the above mentioned case at our

August 22, 2012 Governing Board Meeting.

After careful consideration and discussion, the WNC Governing Board voted to oppose the zone

variance for Case No. ZA 2011-2387(ZV)(ZAA). We believe the use stated in the application is

in violation of the Moratorium on Open Storage as well as the current zoning for that location.

Attached you will find the meeting agenda that serves to document the action by the WNC.

The minutes for the meeting will be approved at our September 26, 2012 meeting and will be

available after that date. You will also find the original action taken by the WNC Board in

October of 2011 when we also discussed this item. As of today, we continue to adamantly

oppose the zone variance and we trust you will genuinely consider our position.

Should you have any concerns, please do not hesitate to contact me at 310-732-7659.

Sincerely,

Cecilia Moreno

Chair

cc: Councilman Joe Buscaino, CD15

WNC File

Wilmington Neighborhood Council544N. Avalon Boulevard, Suite 103' Wilmington,California 90744' (310) 522-2013

www.wilmingtonneighborhoodcouncil.com

NOTICE OF MEETING

August 22, 2012 @ 6:00 P.MWilmington Senior Center

1371 Eubank AvenueWilmington, California

AU stakeholders Including residents, property and business owners, people who work in Wilmington, members of ncn-proflt. educational, churchand service organization, representatives of local labor unions and participants at local parks and museums are encouraged to participate in theWilmington Neighborhood Council (WNC). The WNC and you can make a difference In the delivery of City services to our community.

Comment from the public on non-aqenda items within the jurisdiction of the WNC will be heard during the Public Comment period. PublicComment is limited to three (3) minutes per speaker unless waived by the presiding officer of the WNC,

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 disabilityand upon request will provide reasonable accommodauon to ensure equal access to its programs, services and activities. Language translation,sign language interpreters, assistlve listening devices or other auxiliary aids and/or services may be provided upon request. 'Please make yourrequest at least three (3) business days prior to the meetlng If services are required. Contact the Department of NeighborhoodEmpowerment at 213-485-1820.

51 REQUIERE SERVICI05 DE TRADUCCION, FAVOR DE NOTIFICAR A LA OFICINA 3 DIA5 DE TRABAJO (72 HORAS) ANTES DELEVENTO. SI NECESITA A515TENCIA CON ESTA NOTIFICACION, POR FAVOR LLAME A NUESTRA OFICINA AL (213) 485·1360.

AGENDA

1. Call to Order I Pledge of Allegiance I Roll Call of Governing Board Members2. Approval of Minutes for Previous Meeting3. Los Angeles Police Department/Port of Los Angeles Police Department (5 minutes)4. Government Representatives Reports - Federal/State/County/City (10 minutes)5. Presentations

a. City of Los Angeles Controller Wendy Greuel (10 min.)b. Harry Bridges Boulevard Improvements - Carlos Quintana, POLA (3 min.)c. Clean Wilmington Program - Donna Ethington & Salvador Lara (7 min.)

6. Action Itemsa. The WNC Executive Board recommends to the WNC Governing Board that the WNC appoint

and fill the Park Advisory Board Caucus Seat vacated by Susan Ogle with Michael Sanborn ofthe Banning Residence Museum.

b. The WNC Executive Board recommends to the WNC Governing Board that the WNC appointand fill the Business and Industry Caucus Seat vacated by Jack Babbitt with Nick Gombos ofACX

c. Selection of the Executive Committee for 2012-2014 Termd. The WNC Executive Board recommends to the WNC Governing Board that the WNC approve

the Resolution that would create an ad-hoc committee of the WNC to address registered sexoffenders in Wilmington.

e. The WNC Executive Board recommends to the WNC Governing Board that the WNC send aletter to the Office of Zoning Administration stating opposition to the zone variance applicationsubmitted for 920 North Eubank Avenue. The variance application is for permitting overnightparking of tractor/trailer and open storage of shipping containers - no paving, bumper guards,wheel stops, walls, curbs and landscape that would otherwise be required by the Muni Code.

f. The WNC Executive Board recommends to the WNC Governing Board that the WNC send aletter of support to the Board of Harbor Commissioners for the Wilmington youth SailingCenter Mitigated Negative Declaration

g. Motion to consider taking a position on the Project Street Legal Proposal.h. PCAC Motion - Recommend to the Board of Harbor Commissioners that the Port of LA issue a

Request for Proposal (RFP) to fill an operator position (in-kind) for the boat yard properties atthe old Colonial location at 700 Anchorage Road, Wilmington, and (potentially) at theWilmington Marine Services. BOO S. Fries Ave, Wilmington, in an expeditious manner; andthat an interim operator be provided until such time that an operator has been selected andcontracted. The PCAC encourages the Port to consider non-profit operators for these sites.

WNC Governing Board MeetingAugust 22,2012

2

7. Reports by Standing Committees• By Laws Committee• Finance Committee• Gateway & Beautification Committeeo Land Use & Planning Committee• Public Works Committee• Publicity & Communications Committee• Transportation Committee• PCAC Representatives Report

8. Public Comment on Non-Agenda Items - Complete Speaker Card (3 min.percomment)

Break9. Informational Items

10. Report of Officers• Chair

- Committee Assignments• Secretary• Treasurer

11. Unfinished Business

12. New Business

13. Reports from Caucus Groups

14. Announcements from Governing Board Members

15. Adjourn

Wilmington Neighborhood Council544 N, Avalon Boulevard, Suite 103· Wilmington, California 90744' (310) 522-2013

October 26, 2011

Office of Council District 15Harbor District Office638 S, Beacon Street, Suite 552San Pedro, CA 90731

Re: Zone variance - Case Numbers ENV-2011-2388-EAF and 2A-2011-2387-ZV-ZAA920 N. Eubank Ave, Wilmington, CA90744 (flied September 14, 2011)

The Wilmington Neighborhood Council (WNC), at Its meeting of October 26, 2011 passed thefollowing motion:

'The Wilmington Neighborhood Council is opposed to the requested Zone Variance to use theproperty at 920 N, Eubank as an ovemight parking area for tractor-trailer trucks and storageof shipping containers and requests that the Council office support the WNC by opposing theZone Variance request. '

The requested use for storage of shipping containers is in violation of a permanent ordinanceprohibiting any new Junkyards or container storage facilities In residential Wilmington, adoptedby the City of Los Angeles in December 2005.

The WNC further objects to the use of the site for overnight parking of tractor-trailer trucks atthat site due to existing adjacent uses, such as the PMA Casual Dispatch Hall that createsconsiderable congestion on Eubank. Tractor-trailer trucks with or without chassis andcontainers entering and exiting the site will further exacerbate congestion, create a hazardouscondition for both pedestrian and vehicular traffic on Eubank, and potentially bring tractor-traiier trucks through residential streets.

Thank you for consideration and support in this matter,

Slncer elv,

~)1.~~-Tom Dahlgren, ChairWilmington Neighborhood Council

End: 2

Wilmington Neighborhood Council544 N. Avalon Boulevard, Suite 103' Wilmington, California 90744· (310) 522-2013

www. wiimingLOlUu'ighborh9.Qdr.,.'.Q.wu;j~,f.Qm

NOTICE OF MEETING

October 26, 2011 @ 6:00 P.MWilmington Senior Center

1371 Eubank AvenueWilmington, California

All stakeholders Including reslderus. property and business owners, people who work In WUmlngton, members 01 non-proftt. educatiorun, churchand service oroanlzenon, representatives of local labor unions and parflclpanta at local parks and museums are encouraged 10parucpate In theWilmington Neighborhood Council (WNC). The WNC and you can make a difference In the deUV(HY of City services to our community,

Comment from the pubuc on non-agenda items within Ihe jurisdictior. of the WNe will be heard during the Public Comment perloc PubllcCommentte limited 10three (3) minutes per speaker unless waived by the presiding officer of the W~JC,

As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does net discriminate on the basis of disabilityand Upon request will provide reasonable accommodatlon 10 ensure eq.re! access to its programs, services and activities. language translation,sIgn language Interpreters. easlstlve listening devices or other auxiliary aids and/or eervlces may be provlded upon request. Please make yourrequest at least three (3) business days prior to the meeting H aervces are required Contact the Department 01 NetqhborhoodEmpowerment at 213-465-1020.

81 REQUIERE SERVICI08 DE TRAOUCCION, FAVOR OE NOTIFICAR A LA OFICINA 3 DIAS DE TRABAJO (72 HORA8) ANTES DELEVENTO. SI NECESITA ASISTENCIA CON ESTA NOTIFICACION, POR FAVOR LLAME A NUESTRA OFICINA AL (213) 485·1360.

AGENDA

1. Call to Order I Pledge of Allegiance I Roll Call of Governing Board Members2. Approval of Minutes for Previous Meeting3. Los Angeles Police DepartmenVPort of Los Angeles Police Department (5 minutes)

a. Overview presentation by Sgt. Twardy of Port Police on motorcycle officers and theircommercial traffic enforcement

4, Government Representatives Reports - FederaliState/County/City (10 minutes)a. Presentation by Capt. Tony Senior regarding Fire Station 38

5. Public Comment on Non-Agenda Items - Complete Speaker Card (3 min, per comment)

6. Presentations:a. Clifford Beers Housing, Inc. regarding Banning Villas Project. (10 minutes)b. BNSF regarding proposed Southern California International Gateway (SCIG) (15 minutes)c. Fast Lane Transportation, Inc. regarding SCIG impacts. (10 minutes)

7. Action lIemsa. The Land-Use and Planning Committee recommends to the WNC Governing Board that

the WNC oppose the granting of a Zoning Variance for storage of trucks and containers at920 North Eubank property.

b. Consideration to fill the vacant Resident Seal with applicant, Glennda Sands.

8. Informational Itemsa. Happy Harbor Halloween Party on October 29" at the Waterfront Parkb. Neighborhood Council Election Alternatives - November Surveyc. Next rneeting of the Wilmington Neighborhood Council is November 9, 2011d. Heart of the Harbor Boat Parade is December 2,2011e. Item J on PCAC Agenda, per attached, to be voted on at the Nov. 15th PCAC meeting

Please review and be prepared to decide on WNC position on this motion.

WILMINGTON NEIGHBORHOOD COUNCIL

Minutes - October 26, 2011

The meeting of the Wilmington Neighborhood Council (WNC) was called to order by Chair, TomDahlgren at 6:06M at the Wilmington Senior Center, 1371 Eubank Avc., Wilmington.

Pledge of Allegiance - Chair Dahlgren

"As provided by the Brown Act, persons in the audience may address the neighborhood council on anyissue they may have during the public comment period or when public comments are solicited during thediscussions of an agenda item. Speakers arc limited to 3 minutes, unless otherwise allowed by the chairperson. Speakers may address the council as a group. Any personal derogatory remarks to a specificcouncil member or persons in the audience will not be tolerated. Anyone desiring to speak please fillout a speakers card found on the back table and hand it a council member or the Council's Secretary."

1. Roll Call of Governing Board Members (11) confirming quorum.Present: Jack Babbitt, Thomas Dahlgren, Donna Ethington, Arthur Hernandez, Robert Jasso, ,

Ana Medina, Cecilia Moreno Susan Ogle, Hank Osterhoudt, Susan Prichard, IvanSulic, Patricia Sullivan, Nelson Williams, Patrick WilsonGary Kern, Juanita NaranjoSocorro FimbresMarisela Caraballo, Jacqueline Garcia, Salvador Lara, Anabel! Romero,

Late:Absent:Excused:

2, Approval of Minutes from previous meetingsMotion (Jasso/Williams) the Minutes of September 28,2011 be approved as amended

Passed (9-0-5)

3. Los Angeles Police Department! POtt of Los Angeles Department-LAPD -- Officer Garcenila

Property Crime - Way up in Wilmington especially along Wilmington Blvd between peH andLomita Bl vd.

Two homicides in the last month - no leadsHyattl"L" Street @ RR TracksLakme/Opp St.

Truancy/Curfew problemsUnder 18 will be cited if unsupervised after lOp.

LAHD - Sgr. RamirezSgt. Twardy unable to attend this evening - needs back surgery - therefore no presentationHomeless population

County Homeless Unit worked with LAHDPeople resistant to helpCounty personnel come back periodically to access situation.

Wilmington Waterfront ParkVendors becoming a problem - mini task force visited the situationBy law must move every half hour

4. Government RepresentativesCD15 - Celina Luna - 310-732-4515 - celina.luna@lacity.org

Came to meeting but had to leave before able to make a formal presentation.She provided everyone with a list of items worked on during the last month. Not included in

minutes as the report was not given to the public.

Wilmington Neighborhood CouncilOctober 26, 201 1Page - 2

Senate District #25 - Wright - Bill OrtonDue to recent reconfiguration, Senator Wright will now represent WilmingtonCurrent Office - One Manchester Blvd., #600, Inglewood, 90301, 310-412-0393William.orton@sen.cu.goV

Assembly District #55 - Warren FurutaniAlejandro Espinoza, alciandro.espinoza@asm.ca.goYIntroduce himself to the WNCPlease call with any concerns

FS#38 - Capt. Tony Senior - 310-548-7538 - Anthony.senior@lacity.orgIntroduce staff accompanying him - Jerry Payes, Clyde Clark and Tim SaldanaLost truck, but still have engine and rescue companyThanked community at large for supporting el'[011to keep truck in Station #38New Chief - CummingsPlease visit www.lafd.org

Find information relative to Emergency Preparedness, Volunteers, and Fire PreventionFire Department is trying to become more active in the social media circuit.Comment/Board

Prichard - please visit WNC websiteWilliams -Is LAFD still conducting CERT training? - YesSullivan - Truck Unit - when will it be discussed again? - next budget cycle

5 . !'g!?Jic_C QllliLLQ1!lJose Peralta, Wilmington Middle School, 1618 Lakme Avenue, 310-782-4754,

opmlls1cs90@yahood.comThank you for supporting marching band and auxiliaries in the past

Presented plaque - pictures takenAny funds WNC able to pro ville would be appreciated

Prichard - please visit our website for the proper form.John Delgado, 858 Upland Avenue, San Pedro, johndelglCdsp@aol.com

Running for the CDl5 seatServed as President of SP Central NC and active in NC movementVision is to work hand-in-hand with NCWife and her family from Wilmington.

Maria Alvarez, 430 Wilmington Blvd., cocopooh.545I R@yahoo.comGutter on HD" Street at Hawaiian Avenue - need repairingConcerned about safety of her neighborhood

Specifically - white vanDon Compton - 233 East "M" Street, Wilmington, 310-830-5905

Asking that his application for parliamentarian be considered at November meeting.Kat Madrigal

Dia de los Muertos - at Mahar House on Friday, November 4, from 3-7 p.m.Everyone invited

Wilmington Neighborhood CouncilOctober 25, 2011Page - 3

6. !'resentationsa. Clifford Beers Housing

Banning Villa Apartments - Originally built in 1976 under Section 8 provisionsSarah White, Senior Project Manager, swhile@mhala.orgJames Bonar, Executive Director, jbonar@mhala.orgProvided a packet of information to each WNC member

Plan to rehabilitate the 90-unit Banning Villa (1976) on Banning Blvd.Improvement cost of $65,OOOlunitWill preserve affordability and extend covenants for 55 yearsFacades, common area, community center, roof, all doors,Upgrade heating and plumbingEach uni t kitchen and bath

Public Meeting on November 9 - community invitedBoard Comments

Moreno - Facade change?Will avoid copying historic motif but blend into communityIn the end will blend in with surrounding community

Plan to rid of mansard roofsInstead shading over each window

b. BNSF-Trini Lopez

Rail is the most environmentally efficient form of transportationOn dock rail - more efficient and cost effectiveBNSF does not have any near dock facilities at this timescro project will take trucks off freeway system

Located on the long-arm area of Wilmington ill Thomas GuideDesigncd with community inpnt - mostly fW!11 East Long Beach area

All electric cranes - therefore zero emissionsDirect lighting on facility/job at hand

Routing - no truck routes through residential areasUsing Terminal Island Freeway

TruckslDri versGPS will be used to track truck movementBy 2023 -7S%LNO by 2026 - 90%

No locomotive switchingLubricated train wheelsAll information on POLA websiteHealth Risk Assessment - 17x cleaner than Clean Air Standards ActCreates jobs and therefore taxes

By 2036 - 22,000 jobs in Southern California regionJobs will be local hireProvide workforce training program

CurrentlyErR open for public comment until December 22

Questions - contact Christopher Cannon aI cegacomments@portia.or£Two meetings at 6p.m. Long Bench on November 10

Wilmington on November 16

Wilmington Neighborhood CouncilOctober 25,2011Page- 5

8, Announcements - Taken out of orderOctober 28 & 29 - Drum Barracks - Candle Light WalksOctober 29 - Happy Harbor Halloween at Wilmington Waterfront Park from 12-3p,m,November 9 - Next Wilmington Neighborhood Council Meeting »- due to ThanksgivingDecember 3 - Harbor Afloat Boat ParadeDecember 1 I - Heart of the Harbor Parade

Break

7, Acti(?u.iJemsa, Motion (Babbitt/Ethington) that the WNC oppose the granting of a Zone Variance for storage of

trucks and containers at 920 North Eubank Avenue,The property is currently zoned ResidentialHistorically used as a boat yard

Comments from BoardMoreno - will acerbate problemWilliams - cannot be used for residential - why not another purposeDahlgren - feel sorry for property ownerWilson - where?

Approvedb Motion (Ethington/Osterhoudt) to approve Glcnnda Sands to fill the vacant Resident Scat

Sands - Works with Jack Babbitt in the past, am a go-getter, worked with WNC in pastComments from Board

Ethington - helped WNC in past, started bumper sticker campaignSullivan - willing to give up seatOgle - does it matter where she liyes - no

Approved (15-0-0)

9, Report of OfficersNone

10 J3&PJlJ:!l[om CommijteesGateway & Beautification Committee - Babbitt

Next meeting will be November 8Public Works - Medina

No new on the pipeline fundsRecently slurry seal work on our streets

Kern concerned restriping is not being done rapidlyPublicity and Communications

December will be the WNC's lO'h year anniversaryWould like feedback on our websiteNeeelto create a Facebook account

Transportation - Ethington2005 Port Study _. recommended quiet zonesTide Land Use Master Plan - informational item regarding recommendation to direct the Port to

immediately revoke the permit to rail line access for the Rancho LPG facility,Kern - good au NC, but carefulPropane, butane - refineries need these for summer formulations

Wilmington Neighborhood CouncilOctober 25, 2011Puze - 6

"Pipeline - goes between refineries - nothing to a shipIf you cut rail, only trucks - more fumesPublic Comment .

SandsLease bas run outPier 400 - was supposed to be an energy island, but now only containers

1J. Unfinished BusinessParlimentarlan position - Babbitt - recommends we bring to a vote at November meeting

Osterhoudt indicated, per our ByLaws, that this recommendation has to come from the ByLawsCommittee. This Committee will reconvene in January, 2012

12. New BusinessMayor's Budget Day - WNC needs two representatives

Dahlgren and Wilson

13. Reports for Caucus GroupsEducation Prichard

Provided an update on the Span School

14. Reports from Members at LargeNone

15, AnJ1ounccrJ~Ols h:.illlLQpVe.!lllM.,BotlJl!Carmen Adame introduced Gabriel Robledo- Flight \Vcight Boxer (I ! 0 Ills)

1-1",;been asked to represent USA n( the 2012 Olympics in London

Adjourned at 9:04 p.m,Next meeting will be November 9,2011 at 6:00 p.m.

Minutes taken by Susan Prichard, Secretary andvcnilda Castro, Admin Support Ol'liccr

Approved, TOIll Dahlgren, Chair

WNC Governing Board MeetingOctober 26, 2011

2

Breaktime

9. Report of Officers• Chair• Co-Chair• Secretary• Treasurer

10. Reports by Standing Committees• By Laws Committee• Executive Board• Finance Committee• Gateway & Beautification Committee• Land Use & Planning Committee• Public Works Committee• Publicity & Communications Committee• Transportation Committee• PCAC Representatives Report

11. Report from Wilmington Marina Planning Study Steering Committee

12. Report from CRA Wilmington Redevelopment Plan Amendment Steering Committee

13. Unfinished Business

14. New Business

15. Reports from Caucus Groups

16. Reports from Members At Large

17. Announcements from Governing Board Members

18. Adjourn

UNNK.WYATICH!EF ZON!NG ADM!NISTRATOR !..:/fY OF Los ANGEL

CALIFORNIAASSOCIATE ZONING

ADMINlSTRATORS

R. NICOLAS BROWNSUE CHANG

LOURDES GREENCHARLES J. RAUSCH, JR.

FERNANDO TOVARMAYA E. ZAITZEVSKY

DEPARTMENT OFCITY PLANNING

MICHAEL J. LOGRANDED!RECTOR

ANTONIO R. VILLARAIGOSAMAYOR

OFFICE OFZONING ADMINISTRATION

200 N. SPRING STREET, 7'" FLOOR

los ANGH€S, CA 90012

(213) 978·1318

FAX: (213) 978-1334

www.ptanninq.lecity.orq

November 15, 2012

William Hall (A)(O)Elizabeth McGrath Johansing

Partnership339 North Arroyo DrivePasadena,CA 91775

CASE NO ZA 2011-2387(ZV)(ZAA)ZONE VARIANCE AND ZONING

ADMINISTRATOR'S ADJUSTMENT920 North Eubank AvenueWilmington-Harbor City Planning AreaZone [Q]RD3-1XL-OD.M. 033B209,030B209C. D. 15CEQA ENV 2011-2388-MNDLegal Description: Lot PT1X, Arb 6,

Block 20 ACR, New San Pedro Tract,

Lee Ambers (R)California Property ConsultantsP.O. Box 7570Van Nuys, CA 91409-7570

Pursuant to Charter Section 562 and Los Angeles Municipal Code Section 12.27-B, Ihereby DENY:

a Zone Variance from Section 12.21-A,6(c) to permit vehicle parking and storagewithout paving, bumper guards, wheel stops, walls, curbs and landscaping asotherwise required of an automobile parking area;

Pursuant to Charter Section 562 and Los Angeles Municipal Code Section 12.27-B,hereby APPROVE:

a Zone Variance from Section 12.09.1-A to permit overnight parking of tractor/trailertrucks and the open storage of shipping containers in the [Q]RD3-1XL-O Zone, asotherwise not permitted;

a Zone Variance from Section 12.21-A,6(d) to permit no enclosing walls along thefront, side and rear pr~perty lines as otherwise required of an automobile parkingarea;

Pursuant to Los Angeles Municipal Code Section 12.28-A, I hereby APPROVE:

a Zoning Administrator's Adjustment to allow a 'l-foot front yard setback in lieu ofthe 15 feet otherwise required in the [Q]RD3-1XL-O Zone in conjunction with theproposed truck/trailer parking and container storage facility,

upon the following additional terms and conditions:

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

CASE NO. ZA 2011-23b !(ZV)(ZAA) PAGE 2

1. All other use, height and area regulations of the Municipal Code and all otherapplicable government/regulatory agencies shall be strictly complied with in thedevelopment and use of the property, except as such regulations are hereinspecifically varied or required.

2. The use and development of the property shall be in substantial conformance withthe plot plan submitted with the application and marked Exhibit "A", except as maybe revised as a result of this action.

3. The authorized use shall be conducted at all times with due regard for the characterof the surrounding district, and the right is reserved to the Zoning Administrator toimpose additional corrective Conditions, if, in the Administrator's opinion, suchConditions are proven necessary for the protection of persons in the neighborhoodor occupants of adjacent property.

4. All graffiti on the site shall be removed or painted over to match the color of thesurface to which it is applied within 24 hours of its occurrence.

5. A copy of the first page of this grant and all Conditions and/or any subsequentappeal of this grant and its resultant Conditions and/or letters of clarification shall beprinted on the building plans submitted to the Development Services Center and theDepartment of Building and Safety for purposes of having a building permit issued.

6. The applicant shall defend, indemnify and hold harmless the City, its agents,officers, or employees from any claim, action, or proceeding against the City or itsagents, officers, or employees to attack, set aside, void or annul this approval whichaction is brought within the applicable limitation period. The City shall promptlynotify the applicant of any claim, action, or proceeding and the City shall cooperatefully in the defense. If the City fails to promptly notify the applicant of any claimaction or proceeding, or if the City fails to cooperate fully in the defense, theapplicant shall not thereafter be responsible to defend, indemnify, or hold harmlessthe City.

7. The privileges granted herein shall be for a period of five years from the effectivedate of this grant, after which the applicant shall file for a new entitlementapplication to continue the use.

Further, at any time during the period of validity of this grant, should documentedevidence be submitted showing a violation of any condition(s) of this grant resultingin a disruption or interference with the peaceful enjoyment of the adjoining andneighboring properties, the Zoning Administrator reserves the right to require theapplicant to file for a plan approval application together with associated fees, thepurpose of which will be to hold a public hearing to review the applicant'scompliance with and the effectiveness of these conditions. Theapplicant/petitioner(s) shall provide a summary and supporting documentation ofhow compliance with each condition of the grant has been attained. Upon thisreview the Zoning Administrator may modify, add or delete conditions, and reservesthe right to conduct the public hearing for nuisance abatement/revocation purposes.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 3

8. Prior to the utilization of the grant, a Certificate of Occupancy for the subject facilityshall be submitted for inclusion in the case file.

9. A solid wall/fence with a minimum height of 8 feet shall be constructed /maintainedin front of the property along Eubank Avenue and shall set back a minimum of 1-foot from the front property line in order to allow space for landscaping. Sheet metalshall be prohibited as a fencing material per Section 12.21-A,22(c)(3).

The wall/fence along Eubank Avenue shall be covered by vines, shrubberies,trees or other vegetation.

10. The area between the wall/fence and the front property line, and an adjoiningparkway along Eubank Avenue shall be landscaped with an automatic irrigationsystem, drought resistant plants and ground cover.

One tree with a minimum size of 15-gallon shall be planted for each 15 linear feet of .street frontage along Eubank Avenue with minimum three shrubs for each tree. Theentire landscaped area shall be well maintained at all times.

Prior to the issuance of a temporary or permanent Certificate of Occupancy,evidence of compliance with this condition shall be submitted to the Office of ZoningAdministration for inclusion in the case file.

11. Tractor/trailer trucks to and from the subject property shall not use residentialstreets and/or Eubank Avenue, north of the subject site.

The business owner/operator shall provide a notice informing customers/drivers thatresidential streets and Eubank Avenue, north of the site shall not be used foraccess to and from the subject site. The notices shall be posted on the facility'swebsite, if any, at an office and a driveway entrance.

"No Right Turn" or "Left Tum Only" sign shall be posted at the exit driveway forvehicles leaving the site.

12. All exterior lighting on the property shall be maintained and provide sufficientillumination of the immediate environment so as to render objects or persons clearlyvisible. Said lighting shall be directed in such a manner so as not to illuminate anynearby residence.

13. Noise generated on-site shall not exceed the decibel levels stated in the CitywideNoise Ordinance.

14. The applicant/the business operator shall identify a contact person and provide a24-hour "hot line" telephone number for any inquiries or complaints from thecommunity regarding the subject premise. Prior to the utilization of the grant, thephone number shall be posted on the site so that is readily visible to any interestedparty. The hot line shall be:

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 4

posted at the driveway entrance,responded to within 24-hours of any complaints/inquiries received on this hotline, anddocumented in a log on when the calls were received, returned and how theissues were resolved at a minimum.

The required hot line log shall be made available for review by the ZoningAdministrator and/or the responsible agencies upon request.

15. Outdoor public address, amplified music or paging systems shall be prohibited.

16. Should there be a change in the ownership of the property/the business and/or thebusiness operator, the property owner and the business owner/operator shallprovide the prospective new property owner and the business owner/operator with acopy of the conditions of this action prior to the legal acquisition of the propertyand/or the business. Prior to the closing of the escrow for a potential change in theownership of the property/business owner or operator, evidence showing that acopy of this determination including the conditions required herewith has beenprovided to the prospective owner/operator, shall be submitted to the satisfaction ofthe Zoning Administrator.

17. No storage container shall be stacked.

18. The applicable provisions of the Municipal Code Section 12.21-A.22 shall becomplied with except as may be revised as a result of this action.

19. All of the mitigation measures identified in Environmental Case No. ENV 2011-2388-MND as listed below shall be considered conditions of this instant action.

a. Aesthetics (Vandalism)

1) Every building, structure, or portion thereof, shall be maintained inasafe and sanitary condition and good repair, and free from graffiti,debris, rubbish, garbage, trash, overgrown vegetation or other similarmaterial, pursuant to Municipal Code Section 91.8104.

2) The exterior of all buildings and fences shall be free from graffiti whensuch graffiti is visible from a public street or alley, pursuant toMunicipal Code Section 91.8104.15.

b. Aesthetics (Signage)

1) On-site signs shall be limited to the maximum allowable under theMunicipal Code.

2) Multiple temporary signs in store windows and along building walls arenot permitted.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 5

c. Aesthetics (Light)

Outdoor lighting shall be designed and installed with shielding, such that thelight source cannot be seen from adjacent residential properties or the publicright-of-way.

d. Air Pollution (Demolition, Grading and Construction Activities)

1) General contractors shall maintain and operate constructionequipment so as to minimize exhaust emissions.

2) Trucks having no current hauling activity shall not idle but be turnedoff.

e. Tree Report

Prior to the issuance of a grading or building permit, the applicant shallprepare and submit a Tree Report, prepared by a Tree Expert as defined inSection 17.02, indicating the location, size, type and condition of all existingtrees on the site. Such report shall also contain a recommendation ofmeasures to ensure the protection, relocation, or replacement of affectedtrees during grading and construction activities.

f. Tree Removal (Non-Protected Trees)

1) Prior to the issuance of a grading permit or building permit, a plot planprepared indicating the location, size, type, and condition of allexisting trees on the site and within the adjacent public right(s)-of-way.

2) All significant (8-inch or greater trunk diameter, or cumulative trunkdiameter if multi-trunked, as measured 54 inches above the ground)non-protected trees on the site proposed for removal shall bereplaced at a 1:1 ratio with a minimum 24-inch box tree. Net, newtrees, located within the parkway of the adjacent public right(s)-of-way, may be counted toward replacement tree requirements.

3) Removal or planting of any tree in the public right-of-way requiresapproval of the Board of Public Works. Contact: Urban ForestryDivision at 213-847-3077. All trees in the public right-of-way shall beprovided per the current standards of the Urban Forestry Division ofthe Department of Public Works, Bureau of Street Services.

CASE NO. ZA 2011-238!(ZV)(ZAA) PAGE 6

g. Tree Removal (Public Right-of-Way)

No current trees in the public right-of-way may be removed except with theconcurrence of the Board of Public Works.

h. Erosion/Grading/Short-Term Construction Impacts

Stockpiles, excavated and exposed soil shall be covered with secured tarp orplastic sheeting, erosion control fabrics, or treated with a bio-degradable soilstabilizer.

L Creation of a Health Hazard

1) Prior to the issuance of a use of land or building permit, or issuance ofa change of occupancy, the applicant shall obtain approval from theFire Department and the Department of Public Works, for thetransport, creation, use, containment, treatment, and disposal of thehazardous material(s).

2) Approved plans for the transport, creation, use, containment,treatment , and disposal of the hazardous material(s) shall besubmitted to the decision-maker for retention in the case file.

j. Emergency Evacuation Plan

Prior to the issuance of a building permit, the applicant shall submit anemergency response plan in consultation with the Fire Department Theemergency response plans 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.

k. Listed Sites (Removal of Leaking Underground Storage Tanks)

1) Leaking Underground Storage Tanks shall be decommissioned orremoved as determined by the Los Angeles Fire DepartmentUnderground Storage Division. If contamination is found, furtherremediation measures will be developed with the help of the LosAngeles City Fire Department and other appropriate State agencies.

2) Prior to issuance of land, grading or building permit, a letter certifyingthat remediation is complete from the appropriate agency(Department of Toxic Substance Control or the Regional WaterQuality Control Board) shall be submitted to the decision-maker.

I. Hazardous Substances

Prior to the issuance of a use of land or building permit, or a change in theexisting occupancy/use permit, the applicant shall provide a letter from the

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 7

Fire Department stating that it has permitted the facility's use, storage, andcreation of hazardous substances.

m. Standard Urban Stormwater Mitigation Plan

No construction or paving of the site shall be permitted without a standardurban stormwater mitigation plan including but not limited to the standards forparking lots greater than 5,000 square feet as follows: Trash container areasmust have drainage from adjoining roofs and pavement diverted around thearea(s). Trash container areas must be screened or walled to prevent off-site transport of trash. Infiltrate runoff before it reaches the storm drainsystem. Runoff must be treated prior to release into the storm drain. Threetypes of treatments are available, (1) dynamic flow separator, (2) a filtrationor (3) infiltration. Dynamic flow separator uses hydrodynamic force toremove debris and oil and grease, and are located underground. Filtrationinvolves catch basins with filter inserts. Filter inserts must be inspectedevery six months and after major storms, cleaned at least twice a year.Infiltration methods are typically constructed on-site and are determined byvarious factors such as soil types and groundwater table. PrescriptiveMethods detailing BMPs specific to this project category are available.Applicants are encouraged to incorporate the prescriptive methods into thedesign plans. These Prescriptive Methods can be obtained at the PublicCounter or downloaded at the City's website at: www.lastormwater.org.(See Exhibit D).

n. Public Services (Fire)

The following recommendations of the Fire Department relative to fire safetyshall be incorporated into the building plans, which includes the submittal ofa plot plan for approval by the Fire Department either prior to the recordationof a final map or the approval of a building permit The plot plan shall includethe following minimum design features: fire lanes, where required, shall be aminimum of 20 feet in width; all structures must be within 300 feet of anapproved fire hydrant, and entrances to any dwelling unit or guest room shallnot be more than 150 feet in distance in horizontal travel from the edge ofthe roadway of an improved street or approved fire lane.

o. Public Services (Police - Demolition/Construction Sites)

Fences shall be constructed around the site to minimize trespassing,vandalism, short-cut attractions and attractive nuisances.

p. Safety Hazards:

1) The developer shall install appropriate traffic signs around the site toensure pedestrian and vehicle safety.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 8

2) The applicant shall submit a parking and driveway plan thatincorporates design features that shall reduce accidents, to theBureau of Engineering and the Department of Transportation forapproval.

q. Inadequate Emergency Access

The applicant shall submit a parking and driveway plan to the Bureau ofEngineering and the Department of Transportation for approval that providescode-required emergency access.

r. Utilities (Solid Waste Recycling)

Prior to the issuance of any demotion or construction permit, the applicantshall provide a copy of the receipt or contract from a waste disposalcompany providing services to the project, specifying recycled wasteservice(s), to the satisfaction of the Department of Building and Safety. Thedemolition and construction contractor(s) shall only contract for wastedisposal services with a company that recycles demolition and/orconstruction-related wastes.

s. Utilities (Solid Waste Disposal)

All waste shall be disposed of properly. Use appropriately labeled recyclingbins 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 betaken to an appropriate landfill. Toxic wastes must be discarded at a licensedregulated disposal site.

20. Prior to the issuance of any permits relative to this matter, a covenantacknowledging and agreeing to comply with all the terms and conditions establishedherein shall be recorded in the County Recorder's Office. The agreement (standardmaster covenant and agreement form CP-6770) shall run with the land and shall bebinding on any subsequent owners, heirs or assigns. The agreement with theconditions attached must be submitted to the Development Services Center forapproval before being recorded. After recordation, a certified copy bearing theRecorder's number and date shall be provided to the Zoning Administrator forattachment to the subject case file.

OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES

All terms and conditions of the approval shall be fulfilled before the use may beestablished. The instant authorization is further conditional upon the privileges beingutilized within three years after the effective date of approval and, if such privileges are notutilized or substantial physical construction work is not begun within said time and carriedon diligently to completion, the authorization shall terminate and become void.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 9

TRANSFERABILITY

This authorization runs with the land. In the event the property is to be sold, leased, rentedor occupied by any person or corporation other than yourself, it is incumbent upon you toadvise them regarding the conditions of this grant

VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR

Section 12.29 of the Los Angeles Municipal Code provides:

"A variance, conditional use, adjustment, public benefit or other quasi-judicialapproval, or any conditional approval granted by the Director, pursuant to theauthority of this chapter shall become effective upon utilization of any portion of theprivilege, and the owner and applicant shall immediately comply with its conditions.The violation of any valid condition imposed by the Director, Zoning Administrator,Area Planning Commission, City Planning Commission or City Council in connectionwith the granting of any action taken pursuant to the authority of this chapter, shallconstitute a violation of this chapter and shall be subject to the same penalties asany other violation of this Code."

rEvery violation of this determination is punishable as a misdemeanor and shall bepunishable by a fine of not more than $1,000 or by imprisonment in the county jail for aperiod of not more than six months, or by both such fine and imprisonment

APPEAL PERIOD - EFFECTIVE DATE

The applicant's attention is called to the fact that this variance is not a permit or license andthat any permits and licenses required by law must be obtained from the proper publicagency. Furthermore, if any condition of this grant is violated or not complied with, thenthis variance shall be subject to revocation as provided in Section 12.27 of the MunicipalCode. The Zoning Administrator's determination in this matter will become effective afterNOVEMBER 30, 2012, unless an appeal therefrom is filed with the City PlanningDepartment It is strongly advised that appeals be filed early during the appeal period andin person so that imperfectionslincompleteness may be corrected before the appeal periodexpires. Any appeal must be filed on the prescribed forms, accompanied by the requiredfee, a copy of the Zoning Administrator's action, and received and receipted at a publicoffice of the Department of City Planning on or before the above date or the appeal will notbe accepted. Forms are available on-line at http://planning.lacity.org. Public officesare located at:

Figueroa Plaza201 North Figueroa Street,

4th FloorLos Angeles, CA 90012(213) 482-7077

Marvin Braude San FernandoValley Constituent Service Center

6262 Van Nuys Boulevard, Room 251Van Nuys, CA 91401(818) 374-5050

If you seek judicial review of any decision of the City pursuant to California Code of CivilProcedure Section 1094.5, the petition for writ of mandate pursuant to that section must be

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 10

filed no later than the 90th day following the date on which the City's decision became finalpursuant to California Code of Civil Procedure Section 1094.6. There may be other timelimits which also affect your ability to seek judicial review.

NOTICE

The applicant is further advised that all subsequent contact with this office regarding thisdetermination must be with the Zoning Administrator who acted on the case. This wouldinclude clarification, verification of condition compliance and plans or building permitapplications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assurethat you receive service with a minimum amount of waiting. You should advise anyconsultant representing you of this requirement as well.

FINDINGS OF FACT

After thorough consideration of the statements contained in the application, the planssubmitted therewith, the report of the Zoning Analyst thereon, the statements made at thepublic hearing on August 9, 2012, all of which are by reference made a part hereof, as wellas knowledge of the property and surrounding district, I find that the five requirements andprerequisites for granting a variance as enumerated in Section 562 of the City Charter andSections 12.27 -B, 1 and 12.28 of the Municipal Code have been established by thefollowing facts:

BACKGROUND

The subject property is a relatively flat, inverted "L" shaped-lot that measuresapproximately 53,808 square feet (1A acres) and is currently developed with a 240 square-foot, one-story office building measuring 15 feet in height, with three on-site parking spaceson a gravel surface. The subject property is bounded by Eubank Street along the westerlyfrontage and is located between Banning Boulevard and McFarland Avenue, north ofAnaheim Street. The entrance to the subject site located off Eubank Street and isaccessible via two metal sliding gates. The existing office building was built in 1974 and iscentrally located on the westerly portion of the lot and the entire lot is enclosed with chainlink fencing, except for the entrance area which has an 8-foot solid metal fence observing at-foot setback. The container storage area is located on the north portion of the lot, whilethe tractor-trailer parking is located on the south portion of the lot. Eleven trees exist on-site all of which will remain, in addition the site floor plans indicate that no protectedspecies exist. The subject property is minimally landscaped and lacks improvements tomeet updated parking lot paving standards. The property is located within a methane zoneand is located approximately 3 kilometers from the nearest fault line. Adjacent parcelsexisting to the north, south, and west developed with manufacturing and commercial usesall in the [Q]RD3-1XL-O Zone. Marine Company and Truck Parking is located immediatelyto the north in the [Q]RD3-1XL-O Zone; U.S. Customs and Military Vehicle ContainerStorage is located immediately adjacent to the east in a [Q]RD3-1 XL-O and [Q]MR2-1 VL-Odual zoned property; and Oil Well and Truck Parking area is located on the parcelimmediately to the south in the [Q]RD3-1XL-O Zone; and another oil field along withBaseball Fields are located to the west in the [Q]RD3-1XL-O Zone. Sensitive uses such asschools and recreational parks are located over 1,000 feet away from the subject property.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 11

Wilmington Park Elementary School is located approximately 2,000 feet to the northeastalong Mahar Avenue and Oenni Street. Wilmington Square Park is located approximately1,000 feet to the southwest on the comer of Avalon Boulevard and Anaheim Street, andBanning Museum and Park are located approximately 2,000 feet northwest along Eubankand East M Street. Further, Pacific Coast Highway is located 2,000 feet north of thesubject site, the Harbor Freeway is approximately 7,000 feet (two miles) west of the subjectsite, and Port of Los Angeles is approximately 3,000 feet (one mile) south of the subjectsite.

The [Q] Qualified Condition of the zone of the property regulates residential developmentof three or more dwelling units.

According to the representative:

"The applicant has owned and utilized this property in question since February 25,1974."

"Approximately two-three years ago, the applicant had that tenant (boat RV storage)removed from the site and the property has remained vacant ever since. As a resultof this status, the Applicant lost his industrial entitlement and must adhere to theLow Medium I density with corresponding zones ... "

On Thursday, July, 26 2012, at 1 p.m. staff conducted an on-site observation of theestablishment, property, and immediate vicinity. The property and immediate surroundingsappeared to be relatively free from graffiti, litter, trash and debris; with the exception of thewalls abutting the railroad, many of which were subject to graffiti. The subject site wasobserved to have patches of weeds and brush. Staff was unable to access on the subjectsite, but was able to obtain a view from an opening in the fence. Some points of view wereobscured.

A field check of adjoining properties confirms the radius maps depiction of surroundinguses to be an approximate representation of the community. Notable differences includeEubank Avenue which was observed to be improved with sidewalk gutter and curb to anapproximate width of 64 feet between Opp Street and Anaheim Street. I Streetapproximately 150 feet to the south was found to be incorporated into the five parcelsimmediately south of the project.

The abutting property to the east zoned [Q]R03-1 XL-O is used as a rail yard along with theopen storage of truck trailers, shipping container and oil drilling, as evident from the pumpjack on site. Rail in a single track configuration continues south where it runs in the medianof McFarland Avenue south of G Street eventually converging with rail running alongAlameda and ending at the Port of Los Angeles. The railway runs to the north meeting asignificantly larger rail yard north of L Street. Abutting properties to the east of said propertybetween Opp Street and I Street fronting McFarland Avenue are zoned [Q]R03-1 XL-O andimproved with one- and two-unit residential dwellings.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 12

The property to the south, zoned [Q]RD3-1XL-O, featured a number of parked trucktractors and aside from a motor home, staff did not observe any residential use.

The property to the north zoned [Q]RD3-1 XL-O also featured a truck yard.

Residential use featuring one and two residential units was observed east of Eubank andnorth of Grant Street in the R1-1XL-O Zone. Residential use was also observed west ofEubank Avenue and North of Opp Street in the [Q]R2-1 XL-O Zone with the exception of akiln, which does not appear operational located on the comer of Opp Street and EubankAvenue. Properties south of I Street are zoned [Q]MR2-1VL-O are improved with a laborhall and other industrial uses.

Adjacent parcels existing to the north, south, and west developed with manufacturing andcommercial uses are all in the [Q]RD3-1XL-O Zone. Marine Company and Truck Parkingis located immediately to the north in the [Q]RD3-1XL-O Zone; U.S. Customs and MilitaryVehicle Container Storage is located immediately adjacent to the east in a [Q]RD3-1 XL-Oand [Q]MR2-1VL-O dual zoned property; and Oil Well and Truck Parking area is located onparcel to the immediately to the south in the [Q]RD3-1XL-O Zone; and another oil fieldalong with Baseball Fields are located to the west in the [Q]RD3-1XL-O Zone.

Eubank Avenue is a Local Street dedicated to an approximate width of 64 feet at theproject's street frontage. The street width to the right, north of the property narrows down to29 feet in width.

Previous zoning related actions on the site/in the area include:

Subject property:

Case No. 1044861 - On November 9,2005 the Department of Building and Safetyissued an order to comply for open storage in the RD3 Zone, occupancy without acertificate of occupancy, and the maintenance and repair of existing building andpremises. Compliance was established on March 1, 2006.

Certificate of Occupancy - On March 13, 1975, a Certificate of Occupancy wasissued for a one-story, 12'X20' office building.

Surrounding properties:

Case No. ZA 92-1289(ZV) - On June 4, 1993, the Zoning Administrator approved avariance to permit the use and maintenance of a truck holding area, as notpermitted in the R2 Zone under Section 12.09-A of the Municipal Code, located at901 Dominguez Avenue.

Case No. ZA 2009-4046(ZV) - On November 2, 2010, the Zoning Administratorapproved a variance to permit the continued use of a cargo container storagefacility, which is not completely enclosed within a building or within an area enclosedon all sides with a solid wall or fence of a height sufficient to screen the use frompublic view in the [T][Q]MR2-1VL zone at 1540-1550 North Eubank Avenue.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 13

Case No. BZA 94-5040(ZV) - On August 11, 1994, the Board of Zoning Appealssustained the decision of the Associate Zoning Administrator for Case No. ZA 94-0435(ZV) located at 925 Eubank Avenue.

Case No. ZA 94-0435(ZV) - On August 25, 1994, the Zoning Administrator deniedthe request for a variance for the construction, use and maintenance of abioremediation facility for cleaning oil/contaminated soil in two open air containmentcells, open stockpiling of soil to be treated, equipment/material storage associatedwith the treatment of contaminated soil (no structures) on a 3.8 acre site in the[Q]RD3-1 XL-O (residential) Zone in lieu of the M3 (heavy) industrial zone, at 925Eubank Avenue.

Case No. CUZ 82-117 - On June 14, 1982, the Zoning Administrator approved aLittle League Baseball recreational use and pertinent facilities, including twobaseball diamonds, bleachers, toilet facilities, snack bar, storage building, etc., withnight floodlighting of the larger diamond adjacent to Banning Boulevard and alsogrants a variance to permit a fence enclosure along Banning Boulevard, instead of,the maximum, 3-foot height permitted, substitution of a wire fence enclosureadjoining the parking area, instead of providing the required masonry wallenclosure, and also with encroachment of the parking area, bleachers and dug outfacilities into the setback areas along Banning Boulevard and Opp Street, all, for atemporary term period of ten years.

Case No. ZA 20725-0(PA 1) - On July 20,2006, the Zoning Administrator approvedthe request for an Approval of Plans for methods and conditions controlling drillingand production operations for the drilling of a maximum of 540 Class "A" and Class"B" oil wells distributed in five well cellars at the banning Semi-Controlled drill sitewithin Nonurbanized Oil drilling district No.5 and the Wilmington Townlot Unit, FaultBlock I (WTU), located at 521-529 East Anaheim Street.

Case No. ZA 21408 - On August 6,1974, the Zoning Administrator approved therequest to permit a 6-foot in height fence enclosure along Banning Boulevard,instead of the maximum 3-foot height permitted, substitution of a wire fenceenclosure adjoining the parking area, instead of providing the required masonry wallenclosure, temporary dust-proof surfacing of the parking area and also withencroachment of the parking area, bleachers and dugout facilities into the setbackareas along Banning Boulevard and Opp Street for a temporary term period of fiveyears located at 900 Banning Boulevard.

Case No. ZA 20725 - On February 25, 1972 The Zoning Administrator approvedthe use of the site in connection with the secondary recovery of hydrocarbons andfor the development of said site with such equipment and buildings necessary forthe establishment and operation of a central production facility for the secondaryrecovery of hydrocarbons from the Townlot Unit.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 14

The following was received to the file:

e Mr. Thomas G Dahlgren, Land Manager for Warren Resources of California Inc.submitted a letter dated July 18, 2012 in support of the request. The letter states:

"Warren E & P, Inc. and its affiliate Warren Resources of California, Inc. (collectively"Warren'; are the operator and owners of the lots adjacent to and west of thecaptioned property. Warren's property includes all of the parcels between Eubankand Banning Avenues and between Anaheim and Opp Streets, and consisting ofapproximately 13 acres, Warren's properties are used for commercial/industrialpurposes.

It is our understanding that the applicant is requesting a zoning variance from highdensity residential to industrial land use for parking and storage of vehicles andtrucks. This request is consistent with the current and historical land usescompletely surrounding this property and Warren fully supports this variancerequest."

e A letter dated August 9,2012 was received from Skip Baldwin in opposition to theapplication requesting the request be denied and container yards can only belocated in M3 Zones.

PUBLIC HEARING:

The public hearing was held for the subject matter on August 9,2012, in the San PedroCity Hall and was attended by the applicants, the applicants' representative, theprospective business owner/operator on site [Advanced Logistics Management, Inc.],residents in the area and a representative of Council District 15.

The applicants and their representative stated the following:

• The subject site has been used for industrial uses since 1940 and was previouslyowned by an oil company [Volcan Oil Company].

• The site was previously zoned for M2 and was down zoned to M1 in 1985. In 1986,the M1 zone was changed to RD3 through the AB 283 program, which will permit amaximum of 17 dwelling units on the subject property.

• The applicant did not know that the zone on the subject property was changed toRD3.

• The applicant purchased the property in 1974 and recently used the property as atruck depot for recreational vehicles [RV], boats and truck storage.

• The prior tenant did not pay rent for approximately five years and was evicted. Thesite has been vacant for approximately two to three years after the last tenantmoved out.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 15

• The site is surrounded by industrial uses; the proposed use is consistent with thesurrounding properties.

• The property across the street to the west is used for oil drilling resulting in constantnoise. Due to the ambient noise level from the surrounding properties, the noisefrom trucks on site will not be discernible to the residents in the area.

e The trucks use clean diesel fuel and special filters. There will be no idling.

• The site is partially paved on the southerly portion of the site and will be paved, ifrequired, in order to mitigate adverse impacts on air quality.

• The proposed use will be an interim use until financing for residential developmentis available.

• Trucks will use Anaheim Street and Eubank Avenue and will not use residentialstreets. Trucks will not travel north of Eubank Avenue when they leave the site.

• It is not feasible to develop the site for residential use.

The prospective business operator, Advanced Logistics Management, Inc. [ALMI] statedthe following:

• There is no infrastructure to support residential development of the subject site.

• The general plan was outdated and became obsolete and needs to be updated;however, the Community Plan update for the area is not planned to occur any timesoon.

• The operator has two other locations in Wilmington and within the County of LosAngeles for container yards similar to the proposed operation on the subject site.

• The container weight is regulated. Trucks will bring containers to the site for weightadjustments in order to avoid the maximum limit permitted.

• Approximately 100 containers will be brought to the site weekly.

• Approximately 60% of the containers will go to the rail, and approximately 30 to 40%of the containers will be delivered to the Port.

• The operator is required to comply with applicable regulations pertaining to the truckweight and travel routes.

• Paving the site may prevent contamination of soil.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 16

The residents testified the following in opposition to the proposed project.

• Trucks that weigh over 6,000 Ibs are not allowed on the 900 block of EubankAvenue; however, due to a lack of enforcement, residents have experienced heavytruck traffic on Eubank and residential streets resulting in car accidents, damagedstreets, health hazards and noise impacts.

e The proposed use is not compatible with the surrounding properties.

• There are residential homes that are located west of Eubank Avenue, north of thesubject site in close proximity to the subject site.

e The community needs more housing.

• In 2005, an ordinance was enacted to allow the proposed use only in an M3 zone.

• Trucks will run 24 hours daily resulting in adverse impacts on noise and air quality.

The representative of Council District 15 stated the following:

• The subject property has been zoned for residential use for more than 20 years.

• The proposed container and truck storage yard will provide essential service for theoperation of the Port. The City should support the Port for economic growth;however, the City cannot support it at the expense of residents.

• The site is surrounded by industrial uses including active oil rigs in the adjacentarea; but, there are also sensitive uses including residential dwellings, a school anda recreational facility in close proximity to the site.

• Truck idling, and increased truck trips in the area may result in adverse impacts onnoise, over-flow lighting, air quality etc.

The following was received after the hearing:

• On October 30, 2012, a letter dated October 26, 2012 was received from therepresentatives of Wilmington Citizen Committee and Coalition for A SafeEnvironment in opposition to the subject application.

The letter attached photographs of the site and in the surrounding area showingparking and traffic congestion on Eubank Avenue, maps depicting boundaries of a2,500-foot radius from the site, letters from the Wilmington Neighborhood Councildated August 24, 2012 and October 26, 2011 indicating that the NeighborhoodCouncil voted to oppose the applicant's request. Parking and traffic congestion,tractor-trailer trucks through residential street, deficiencies in notificationprocedures, inadequate environmental impact analysis on air quality, traffic, noise, ahealth impact assessment, aesthetic impact, and a lack of landscaping were

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 17

concerns of the residents. The letter also indicates that the site is currently beingoccupied by tractor/trailer trucks and containers.

e On August 22, 2012, a letter dated August 13, 2012 was received from Skip Baldwinrequesting a 30-day extension of time in order to allow the WilmingtonNeighborhood Council to consider the subject matter.

9 On August 13, 2012, the applicant submitted a traffic survey conducted by theapplicant on May 3, May 7, May 14, July 11, July 12, 2012, letters from theWilmington Neighborhood Council dated August 24, 2012 and October 26, 2011, anotice of the neighborhood Council Meetings.

e On August 10, 2012, the applicant sent, via e-mail, a memorandum that was issuedby the Planning Departmentand the former Community Redevelopment Agencydated January 3, 2008, regarding Industrial Land Use and Potential Conversion toResidential or Other uses.

e After the hearing, numerous s-malls between the applicant's representative and theWilmington Neighborhood Council were sent to the Zoning Administrator pertainingto the Neighborhood Council's handling of the subject application. [E-mails are keptin the case file.]

• The applicant submitted the Port of Los Angeles Clean Truck Program, effectiveJanuary 1, 2012 and Overweight Vehicle Special Permit Routes.

• On November 2, 2012, the applicant sent e-mails to the Zoning Administratorsummarizing the applicant's traffic survey, which was previously submitted to the file.

• On November 6, 2012, the applicant sent the following e-mail to the ZoningAdministrator.

"ALMI will dedicate 8 of our trucks to the Eubanks yard. 4 of the trucks will bebringing empty/loaded containers from the ports to the yard and thenreturning loads back to the port in the opposite direction.

All trucks going from the ports and or from customer locations will becoming from the South on Highway 47, make a left on Anaheim going westto Eubanks, and then making a right into the yard. Trucks will never need togo North of Eubanks or West of Eubanks, as those areas are outside ourdelivery & pickup locations.

Please note that each of these trucks will be making three turns per day onthis route, mostly at night. The yard is used for this purpose to takeadvantage of the off peak hours at the port."

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 18

VARIANCE FINDINGS

In order for a variance to be granted, all five of the legally mandated findings delineated inCity Charter Section 562 and Municipal Code Section 12.27 must be made in theaffirmative. Following (highlighted) is a delineation of the findings and the application ofthe relevant facts of the case to same:

1. The strict application of the provisions of the Zoning Ordinance would resultin practical difficulties or unnecessary hardships inconsistent with thegeneral purpose and intent of the zoning regulations.

The storage of cargo containers is permitted in an M3 zone, or in an M2 zone withinthe Port of Los Angeles Community Plan Area, and are subject to operatingconditions as required in Section 12,21-A22, which became effective onFebruary 18, 2006 under Ordinance No. 177,244. The subject site is currentlyzoned for a [Q]RD3-1XL-O and a total of 17 dwelling units would be permitted. Thesite had been used for various industrial uses since the early 1940s. The applicantpurchased the property in 1974 and had a tenant who used the site for a storageyard for trucks, boats and recreational vehicles etc. Due to a lack of rent payment,the prior tenant moved out and the site has been vacant for the last two to threeyears. The applicant has a 5-year lease agreement with a new tenant, AdvancedLogistic Management, Inc. [ALMI] who operates container storage yards. TheMarine Company and Truck Parking facility at the northerly adjoining property,which was previously occupied by Ancon Company, and later by BNSF, wasrecently leased to ALMI, the prospective tenant of the subject site. ALMI alsooperates cargo container storage within the County of Los Angeles.

The surrounding properties in [Q]RD3 in the immediate vicinity are occupied byindustrial uses similar to the proposed use. The Warren property across the streetto the west is occupied by a storage yard and oil wells. The adjoining property to theeast is occupied by the US Customs and Military Vehicle and Container Storageyard. The southerly adjoining property is used for oil wells and truck parking. Thenortherly adjoining property is used for truck parking and a container yard by ALMI,the prospective tenant at the subject location. The site has been used for industrialuses since the 1940s except for the last two to three years. If the prior tenantcontinuously used the site for a truck depot, the applicant would continuously havethe non-conforming right to allow the proposed use at the subject location.

Due to the recent economic recession, the applicant stated that it is difficult toobtain financing for residential development at the subject site. The practicality ofusing this land for residential use is not very promising at this time due to its locationsurrounded by industrial uses, the slowdown of the housing market and its priorindustrial uses resulting in a need for extensive soil remediation. The strictapplication of the zoning regulation will limit the use of the property for residentialdevelopment, which is not feasible, if not impossible, based on aforementionedcircumstances. Further, the prospective tenant will not be able to expand itsoperation at this location even though all other adjoining properties in the [Q]RD3are allowed for industrial uses similar to the proposed project resulting in practical

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 19

difficulties or unnecessary hardships to the applicant that are inconsistent with thegeneral purpose and intent of the zoning regulations.

There are existing perimeter fences all around the property. Since all sides of thesubject site are surrounded by industrial uses similar to the project, the requiredenclosing walls are waived except for the street frontage along Eubank Avenue. Asolid wall/fence with a minimum of 8 feet is required along the street frontage onEubank Avenue, which is required to be landscaped with an automatic irrigationsystem, trees and ground cover. The applicant's request for waiver of paving theproperty is denied to ensure dust control associated with the truck traffic andcontainer storage.

2. There are special circumstances applicable to the subject property such assize, shape, topography, location or surroundings that do not apply generallyto other property in the same zone and vicinity.

The property is unique because it is surrounded by industrial land uses on foursides. The residential development on the site as permitted by the zone will besurrounded by industrial uses on all four sides. All adjoining properties are zoned fora [Q]RD3, but, are allowed to continuously be used for industrial use similar to theproposed project The site had been used for various industrial uses for more than72 years except for the last two to three years, during which it was vacant due to thetenant's failure of rent payments. The site being left vacant for several years hasresulted in a blighting appearance to the surrounding properties. Because of thesespecial circumstances on the property described in the prior finding, granting of theapplicant's request as approved herein would be justified because the propertywould not be conducive to building homes or leaving the land vacant and nonproductive.

3. Such variance is necessary for the preservation and enjoyment of aSUbstantial property right or use generally possessed by other property in thesame zone and vicinity but which, because of such special circumstances andpractical difficulties or unnecessary hardships, is denied the property inquestion.

The limited ability to use this property has been severely hampered by thedesignated zoning of [Q]RD3-1XL-O, which permits residential development only.The industrial use, which had been allowed on the subject property for over 70years, is not allowed to continue while other surrounding properties including alladjoining properties in the same zone are allowed to continuously use theirproperties for various industrial uses.

The applicant has a new tenant, who operates a container yard on the northerlyadjoining property and proposes to expand its operation on the subject property. Atotal of eight trucks will use the subject property. The trucks will not use residentialstreets or Eubank Avenue, north of the subject property for access from/to the site.There will be no stacking of containers. No adverse impacts are expected to thesurrounding properties.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 20

Due to difficulties of developing the property for residential development asdescribed in the prior findings, denial of the subject application will result in a vacantland to remain, and no improvement will be made to the property resulting in ablighting effect to the surrounding property. Granting the request will result in theproperty being more productive and a strong tax base to governmental agencieswhile the comrnunity will benefit from the required improvement including landscaperequirements along the street frontage on Eubank Avenue.

The grant is consistent with prior grants, which have allowed the continued use of acargo container yard facility in the project vicinity at 901 Dominguez Avenue [ZA 92-1289(ZV)] and 1540 Eubank Avenue [ZA 2009-4046(ZV)].

4. The granting of such variance will not be materially detrimental to the publicwelfare or injurious to the property or improvements in the same zone orvicinity in which the property is located.

The proposed location is in a prime area that represents an industrial center. Otheropen storage yards and industrial uses are located in the vicinity. The request doesnot represent the introduction of a new use that is not common to the area but acontinuation of a similar industrial use, which had been in operation at the site forover 70 years.

According to the business operator, a total of 8 trucks will use the subject site, 4 ofwhich will be bringing empty/loaded containers from the ports to the yard and thenreturning loads back to the port in the opposite direction. All trucks going from theports and or from customer locations will be coming from the south on Highway 47,making a left on Anaheim going west to Eubanks, and then making a right into theyard. Trucks will never need to go north of Eubanks or west of Eubanks, as thoseareas are outside their delivery and pickup locations. Each of these trucks will bemaking three turns per day on this route, mostly at night. There is $130 charge forpier pass for trucks coming to ports before 6 p.m. The storage yard is used as astaging or holding area to take advantage of the off peak hours at the port. Therewill be no stacking of containers.

The applicant's request for waiver of paving the property is denied in order toensure dust control associated with the operation of the proposed project. The grantrequires landscaping along Eubank Avenue. Noise generated on the property is notallowed to exceed the noise limits as regulated by the City's noise ordinance. A 24-hour public information hot line is required to be posted on the site for issues andcomplaints associated with the use of the property. The complaints received on thehot line are required to be documented and to be responded to within 24 hours.Further, at any time during the period of validity of this grant, should documentedevidence be submitted showing a violation of any condition(s) of this grant resultingin a disruption or interference with the peaceful enjoyment of the adjoining andneighboring properties, the Zoning Administrator reserves the right to require theapplicant to file a plan approval application, the purpose of which will be to hold apublic hearing to review the applicant's compliance with and the effectiveness of

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 21

these conditions. Upon this review the Zoning Administrator may modify, add ordelete conditions, and reserves the right to conduct the public hearing for nuisanceabatementfrevocation purposes. In addition, the grant is for a period of five years,after which the applicant should file a new entitlement application to continue theuse.

As conditioned, the use will not be materially detrimental to the character of thedevelopment in the immediate neighborhood and to the surrounding properties.

5. The granting of the variance will not adversely affect any element of theGeneral Plan.

The Wilmington-Harbor City Community Plan Map designates the property for LowMedium I Residential land uses with corresponding zones of R2, RD3, RD4, RZ3,RZ4, RU, and RW1 and Height District No. 1XL. The site is located within theDepartment of Conservation, Division of Oil and Gas Clearance (ZA 1195).

The Plan Text does not specifically address a variance to allow container yardfacilities. A variance to allow truck parking and a cargo container facility in aresidentially zoned property is permitted through the approval of the ZoningAdministrator subject to certain findings.

Protecting residential uses from adverse impacts of other uses is an appropriateobjective in any discretionary action. The industrial use had been legally allowedsince the 1940s. The request would serve to help further the separation of non-compatible uses in the immediate area. There is an unusual mix of residential andindustrial uses in the area now and residential and industrial uses should haveproper buffers. Because the site is surrounded on all four sides by industrial uses, itwould be more logical to permit similar industrial use rather than surround a newresidential island which would hurt the community plan's goal of proper separationof residential and industrial uses.

The conditions of approval will assure a development that is aesthetically andoperationally in harmony with the surrounding uses. Therefore, the project asapproved and conditioned will be consistent with the general plan, which promotescompatibility between the neighboring properties and the provision of variousservices throughout the city.

ZONING ADMINISTRATOR'S ADJUSTMENT FINDINGS

In order for an adjustment from the zoning regulations to be granted, all five of the legallymandated findings delineated in Section 12.28 of the Los Angeles Municipal Code must bemade in the affirmative. Following (highlighted) is a delineation of the findings and theapplication of the relevant facts of the case to same:

6. The granting of an adjustment will result in development compatible andconsistent with the surrounding uses.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 22

The subject application is to allow a one-foot front yard setback in lieu of the 15 feetotherwise required in the [Q]R03-1XL-Ci Zone in conjunction with the proposedtruck/trailer parking and cargo container storage yard facility. There is an existing 8-foot metal fence in front of the property on Eubank Avenue. The condition requires asolid wall/fence with a minimum height of 8 feet on the street frontage on EubankAvenue. Sheet metal is not permitted as a fencing material at the cargo containerstorage yard per Section 12.21-A,22. Therefore, the existing fence needs to bereplaced with a different building material. The required 15-foot front yard setback isto ensure compatibility between neighboring properties in a residentialneighborhood that is permitted in the R03 Zone. In this instance, the request isassociated with the proposed industrial use in the area, in which a majority of thesurrounding properties are improved and occupied by industrial uses with nosetbacks or less than 15 feet

The granting of the Adjustment will have no impact on light, air, privacy, emergencyaccess. The proposed one-foot front setback is in line with the adjoining properties.As conditioned, the grant will result in a development consistent and compatible withthe surrounding uses, which are improved with the uses and front yard setbackssimilar to the project site.

7. The granting of an adjustment will be in conformance with the intent andpurpose of the General Plan.

The General Plan protects the residential neighborhood, and ensures that animprovement is in keeping with the established character of the area and is withoutdetriment to adjacent or nearby properties. In this instance, the requested t-footfront yard setback is in conjunction with the proposed truck parking and containerstorage facility. As stated in the prior findings, the proposed container yard isapproved with conditions that intend to mitigate potential impacts associated withthe use. As conditioned, the grant meets the basic test of allowing adequatedevelopment of the subject site without detriment to neighboring properties.

8. The granting of an adjustment is in conformance with the spirit and intent ofthe Planning and Zoning Code of the City.

An adjustment is a grant of permission to depart from the requirements of the Codeand allow the property to be used in a manner otherwise not permitted, providedthat the spirit of the Code is observed and without detrimental impacts to thecommunity.

As proposed and conditioned, there will be no impact on light, air or privacy of thesurrounding properties. The proposed truck parking and container storage facilitywith a reduced front yard conforms to the existing pattern of industrial developmentin the area, and is consistent with the spirit and intent of the Planning and ZoningCode, which promotes compatibility between the neighboring properties.

9. There are no adverse impacts from the proposed adjustment or any adverseimpacts have been mitigated.

CASE NO. ZA 2011-2387(ZV)(ZAA) PAGE 23

No adverse impacts will result from the proposed 'l-foot front yard setback in aneighborhood where industrial and residential neighborhoods co-exist. Theproposed project will not alter the character of the surrounding neighborhood. Asconditioned, the project will not result in detrimental effects nor adversely impact thesurrounding properties.

10. The site and/or existing improvements make strict adherence to the zoningregulations impractical or infeasible.

The requested deviation to reduce the front yard setback to one foot is consistentwith front yard setbacks for surrounding properties in the vicinity. With theimposition of conditions, including landscape requirements in the front yard, thegranting of the request will allow an industrial development that is consistent withthe surrounding properties.

ADDITIONAL MANDATORY FINDINGS

11. The National Flood Insurance Program rate maps, which are a part of the FloodHazard 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 locatedin Zone X, Areas determined to be outside 500-year flood plain.

12. On May 23,2012, a Mitigated Negative Declaration (ENV2011-2388-MND) (ArticleV - City CEQA Guidelines) was prepared for the proposed project. On the basis ofthe whole of the record before the lead agency including any comments received,the lead agency finds that with imposition of the mitigation measures described inthe MND and identified in this determination, there is no substantial evidence thatthe proposed project will have a significant effect on the environment. This MitigatedNegative Declaration reflects the lead agency's independent judgment and analysis.The records upon which this decision is based are with the Environmental ReviewSection of the Planning Department in Room 750, 200 North Spring Street.

SUE CHANGAssociate Zoning AdministratorDirect Telephone No. (213) 978-3304

SC:lmc

cc: Councilmember Joe BuscainoFifteenth District

Adjoining Property Owners

CITY OF LOS ANGELESOFFICE OF THE CITY CLERK

ROOM 395, CITY HALLLOS ANGELES, CALIFORNIA 90012

CALIFORNIA ENVIRONMENTAL QUALITY ACTPROPOSED MITIGATED NEGATIVE DECLARATION I

~L-E-A=D-C=IT-Y-A-G-E-N-C-Y----------~~-------------~~IS~T~R-IC~T--------~------------------!City oILos Angeles 115- _ .. _.- _ .

IPROJECT LOCATIONInon North Eubank Avenue

. PROJECT TITLE ~CASE NO.ENV-2011-2388-MND ,!ZA-2011-2387-ZV-ZAA

, PROJECT DESCRIPTIONA Variance, pursuant to LAMC Section 12.27-A, to permit the following: (1) overnight parking of tractorltrailer trucks and the storage ,of shipping containers in the [Q]RDiHXl-O zone for an indefinite term period, in lieu of the restricted residential uses permitted; (2) to '

. permit vehicle parking and storage without paving, bumper guards, wheel stops, walls curbs, and/or landscaping in the [Q]RD3-1XL-O !I zone, in lieu of the paving and car stops required for automobile parking; and (3) to permit the relief of enclosing walls along the front, I

; side, and rear property lines for parking areas in the [Q]RD3-1XL-O Zone, in lieu of the required 4-foot tall walls for parking areas. ,t Also, a Zoning Administrator's Adjustment, pursuant to LAMC Section i2.28-A, to permit a one-foot front yard setback for the existing; 8-foot high solid metal fence in the [Q]RD3-iXL-O Zone, in lieu of the required 15 feet; a Zoning Administrator's Adjustment to permitra 5-foot setback as the designated side yard for the existing 240 square-foot office building in the [Q]RD3-1XL-O Zone, in lieu of theI required is-foot front yard setback. The applicant has indicated that no dirt will be exported off-site.I····· .. .. .. . ' .! NAME AND ADDRESS OF APPLICANT IF OTHER THAN CITY AGENCYI William Hall, Elizabeth McGarth Johansing Partnership,339 N. Arroyo Drive: Pasadena, CA 91775: FINDING:

The City Planning Department of the City of Los Angeles has Proposed that a mitigated negative declaration be adopted forthis project because the mitigation measure(s) outlined on the attached page(s) will reduce any potential significant adverseeffects to a level of insignificance

........•...."... ...•'.. ._..' . (CON~I~UED ON PAGE 2)SEE ATTACHED Shee I \"J FOR ANY MITIGATION MEASURES IMPOSED.

I! Any written comments received during the public review period are attached together with the response of the Lead City, Agency. The project decision-make may adopt the mitigated negative declariation, amend it, or require preparation of an EIR' ...........•~~ych~~ges made s~o~l~ ~El~~ppo~ed ~y'.~~?stantial~.vidence in the record and ",pprop!iate. fi~?ing.srn",de. .....•......... . .

THE INITIAL STUDY PREPARED FOR THIS PROJECT IS ATTACHED.".,, ,,_""'"" . .=_.,,__,"_",'w_"", '., ., ..""" •..• ""_ •__ .". "'W"_""'""'."_"""'_'" _" ,.. " •• , • _ •••,,_""" , ._"_,,_, __ ~ ." "·_."w. _._,,, ..,,,,.",,, ,__.... __ ., .. ".... v_._~. _ _MW._ ".. 'W", v " 0 ,,__ ,'

NAME OF PERSON PREPARING THIS FORM TITLE TELEPHONE NUMBER !

--,_. p'lanning AssistantHAYDEE URITA LOPEZ

ADDRESS i SIGNATURE (OffiCial)/) 1

zoo u "",NG ,,",IT';," "OOR L,v'D5J.'-K ~ ,,_ IQ..,LOS ANGELES, CA. 90012 v -{J - -1/ ""--

DATE

ENV-2011-2388-MND Page 1 of24

MITIGATED NEGATIVE DECLARATIONENV-2011-2388-MND

1-90.

1-100.

1-120.

111-10.

IV-50.

IV-70.

IV-90.

Aesthetics (Vandalism)• Environmental impacts may result from project implementation due to graffiti and accumulation of rubbish and debris

along the wall(s) adjacent to public rights-of-way. However. this potential impact will be mitigated to a less thansignificant level by the following measures:

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

• 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.

Aesthetics (Signage)• Environmental impacts may result from project implementation due to on-site signage in excess of that allowed

under the Los Angeles Municipal Code Section 91.6205. However, the potential impact will be mitigated to a lessthan significant level by the following measures:

• On-site signs shall be limited to the maximum allowable under the Municipal Code.• MUltiple temporary signs in store windows and along building walls are not permitted.

Aesthetics (Light)• Environmental impacts to the adjacent residential properties may result due to excessive illumination on the project

site. However, the potential impacts will be mitigated to a less than significant level by the following measure:• Outdoor lighting shall be designed and installed with' shielding, such that the light source cannot be seen from

adjacent residential properties or the public right-of-way.Air Pollution (Demolition, Grading, and Construction Activities)

•• General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.• Trucks having no current hauling activity shall not idle but be turned off.

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 onthe site. Such report shall also contain a recommendation of measures to ensure the protection, relocation, orreplacement of affected trees during grading and construction activities.

Tree Removal (Non-Protected Trees)• Environmental impacts from project implementation may result due to the loss of significant trees on the site.

However, the potential impacts will be mitigated to a less than significant level by the followingmeasures:• Prior to the issuance of any permit, a plot plan shall be prepared indicating the location, size,type, and general

condition of all existing trees on the site and within the adjacent public right(s)-of-way.• All significant (s-lnch or greater trunk diameter, or cumulative trunk diameter if multi-trunked, 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 aminimum 24-inch box tree. Net, new trees, located within the parkway of the adjacent public right(s)-of-way, may becounted toward replacement tree requirements.

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

Tree Removal (Public Right-of-Way)

•• No current trees in the public right of way may be removed except with the concurrence of the Board of Public

Works.VI-20. Erosion/Grading/Short-Term Construction Impacts

G Short-term erosion impacts may result from. the construction of the proposed project. However, these impacts can bemitigated to a less than significant level by the following measures:

e b. Stockpiles, excavated, and exposed soil shall be covered with secured tarps, plastic sheeting, erosion controlfabrics, or treated with a bio-degradable soil stabilizer.

VIII-GO. Creation of a Health Hazard

ENV-2011-2388-MND Page 2 of24

MITIGATED NEGATIVE DECLARATIONENV-2011-2388-MND

• Environmental impacts to human health may result from project implementation due to a release of chemical ormicrobiological materials into the community. However, these impacts will be mitigated to a less than significant levelby the following measure:

• Prior to the issuance of a use of land or building permit, or issuance of a change of occupancy, the applicant shallobtain approval from the Fire Department and the Department of Public Works, for the transport, creation, use,containment, treatment, and disposal of the hazardous material(s).

• Approved plans for the transport, creation, use, containment, treatment, and disposal of the hazardous material(s)shall be submitted to the decision-maker for retention in the case file.

VIII-70. Emergency Evacuation Plan• Environmental impacts may result from project implementation due to possible interference with an emergency

response plan. However, these potential impacts will be mitigated to a less than significant level by the followingmeasure:

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

VIII-i00. Listed Sites (Removal of Leaking Underground Storage Tanks)• Environmental impacts to soil and groundwater may result from the listed leaking underground storage tanks

(LUSTs) located at the subject property. However, the potential impacts will be mitigated to a less than significantlevel by the following measures:

• Leaking Underground Storage Tanks shall be decommissioned or removed as determined by the Los Angeles CityFire Department Underground Storage Tank Division. If contamination is found, further remediation measures shallbe developed with the assistance of the Los Angeles City Fire Department and other appropriate State agencies.

• Prior to issuance of a use of land, grading, or building permit, a letter certifying that remediation is complete from theappropriate agency (Department of Toxic Substance Control or the Regional Water Quality Control Board) shall besubmitted to the decision maker.

VIII-i10. Hazardous Substances• Environmental impacts may result from project implementation due to the use, storage, and creation of hazardous

materials. However, these impacts can be mitigated to a less than significant level by the following measure:• Prior to the issuance of a use of land or building permit, or a change in the existing occupancy/use permit, the

applicant shall provide a leiter from the Fire Department stating that it has permitted the facility's use, storage, andcreation of hazardous substances.

IX-3D. Standard Urban Stormwater Mitigation Plan

•• No construction or paving of the site shall be permitted without a standard urban stormwater mitigation plan including

but not limited to the standards for parking lots greater than 5,000 square feet as follows: Trash container areas musthave drainage from adjoining roofs and pavement diverted around the area(s). Trash container areas must bescreened or walled to prevent off-site transport of trash. Infiltrate runoff before it reaches the storm drain system.Runoff must be treated prior to release into the storm drain. Three types of treatments are available, (1) dynamicflow separator; (2) a filtration or (3) infiltration. Dynamic flow separator uses hydrodynamic force to remove debris,and oil and grease, and are located underground. Filtration involves catch basins with filter inserts. Filter inserts mustbe inspected every six months and after major storms, cleaned at least twice a year. Infiltration methods are typicallyconstructed on-site and are determined by various factors such as soil types and groundwater table. PrescriptiveMethods detailing 8MPs specific to this project category are available. Applicants are encouraged to incorporate theprescriptive methods into the design plans. These Prescriptive Methods can be obtained at the Public Counter ordownloaded from the City's website at: www.lastormwater.org. (See Exhibit D).

XIV-l0. Public Services (Fire)• Environmental impacts may result from project implementation due to the location of the project in an area having

marginal fire protection facilities. However, this potential impact will be mitigated to a less than significant level by thefollowing measure:

• The following recommendations of the Fire Department relative to fire safety shall be incorporated into the buildingplans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation ofa 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 anapproved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distancein horizontal travel from the edge of the roadway of an improved street or approved fire lane.

ENV-2011-2388-MND Page 3 of24

MITIGATED NEGATIVE DECLARATIONENV-2011-2388-MND

XIV-20. Public Services (Police - Demolition/Construction Sites)

•• Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive

nuisances,XVI-40. Safety Hazards

• Environmental impacts may result from project implementation due to hazards to safety from design features (e.g.,sharp curves or dangerous intersections) or incompatible uses. However, the potential impacts can be mitigated to aless than significant level by the following measure:

• The developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety.• The applicant shall submit a parking and driveway plan that incorporates design features that reduce accidents, to

the Bureau of Engineering and the Department of Transportation for approval.XVI-50. Inadequate Emergency Access

• Environmental impacts may result from project implementation due to inadequate emergency access. However,these impacts can be mitigated to a less than significant level by the following measure:

• The applicant shall submit a parking and driveway plan to the Bureau of Engineering and the Department ofTransportation for approval that provides code-required emergency access.

XVII-90. Utilities (Solid Waste Recycling)• Environmental impacts may result from project implementation due to the creation of additional solid waste.

However, this potential impact will be mitigated to a less than significant level by the following measure:• (Construction/Demolition) Prior to the issuance of any demolition or construction permit, the applicant shall provide

a copy of the receipt or contract from a waste disposal company providing services to the project, specifying recycledwaste service(s), to the satisfaction of the Department of Building and Safety. The demolition and constructioncontractor(s) shall only contract for waste disposal services with a company that recycles demolition and/orconstruction-related wastes.

XVII-100. Utilities (Solid Waste Disposal)

•• 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 wastesmust be discarded at a licensed regulated disposal site.

XVIII-10. Cumulative Impacts• There may be environmental impacts which are individually limited, but significant when viewed in connection with

the effects of past projects, other current projects, and probable future projects. However, these cumulative impactswill be mitigated to a less than significant level though compliance with the above mitigation measures.

ENV-2011-2388-MND Page 4 of24

! LEAD CITY AGENCY: 170UNCIL DISTRICT: I~ATE:aCity of Los Angeles CD 15 - JANICE HAHN 04/02/2012ilRESPONSIBLE AG~NCIES: Department ofC;ityPlanning

,

ENVIRONMENTAL CASE: : RELATED CASES:, ENV-2011-2388-MND ' ZA-2011-2387 -ZV-ZAA

!PREVIOUS ACTIONS CASE NO.: :0 Does have significant changes from previous actions.

L ~ . V- Does NOT have significant changes from previous actions.

,!iROJECT DESCRIPTION:, PROPOSED CONTINUED USE OF AN EXISTING 53,808 SQ FT SITE FOR CONTAINER STORAGE AND TRUCK PARKING USEii=ROM 5A.M. TO 10P.M.DAILY INTHE [Q]RD3-IXL-0 ZONE. ....... .. .... ... .. ..

'IENV PROJECT DESCRIPTION:

CITY OF LOS ANGELESOFFICE OF THE CITY CLERK

ROOM 395, CITY HALLLOS ANGELES, CALIFORNIA 90012

CALIFORNIA ENVIRONMENTAL QUALITY ACT

INITIAL STUDYand CHECKLIST

(CEOA Guidelines Section 15063)

A Variance, pursuant to LAMC Section 12.27-A, to permit the following: (1) overnight parking of tractor It railer trucks and the storage: of shipping containers in the [QJRD3-1XL-0 zone for an indefinite term period, in lieu of the restricted residential uses permitted; (2) to, permit vehicle parking and storage without paving, bumper guards, wheel stops, walls curbs, andlor landscaping in the [Q]RD3-1XL-0,zone, in lieu of the paving and car stops required for automobile parking; and (3) to permit the relief of enclosing walls along the front., side, and rear property lines for parking areas in the [Q]RD3-1XL-0 Zone, in lieu of the required 4-foot tall walls for parking areas .•Also, a Zoning Administrator's Adjustment, pursuant to LAMC Section 12.28-A, to permit a one-foot front yard setback for the existing: 8-foot high solid metal fence in the [QJRD3-1XL-0 Zone, in lieu of the required 15 feet; a Zoning Administrators Adjustment to permiti a 5-foot setback as the designated side yard for the existing 240 square-foot office building in the [QJRD3-1 XL-O Zone, in lieu of the, required 15-foot front yard setback. The applicant has indicated that no dirt will be exported off-site.: '-~"'",,".,,".'." ''', .." "" .. _.,.. -.. ... " "., ..,' ",,-, ..~,-...,. ,.. ' ..., ".-"-" ,"""'. " .., ""--" ",." ._".- -'" ."." '- ..... "". .. .."" - ' ..---- '-' "-, "." , ..... , .. _., ENVIRONMENTAL SETTINGS:: The subject property is a relatively flat, inverted "L" shaped-lot that measures approximately 53,808 square feet (1.4 acres) and iscurrently developed with a 240 square-foot, one-story office building measuring 15 feet in height, with 3 on-site parking spaces on agravel surface. The subject property is bounded by Eubank Street along the westerly frontage .and is located between Banning Blvd.and McFarland Avenue, north of Anaheim Street. The entrance to the subject site located off Eubank Street and is accessible via two

! metal sliding gates. The existing office building was built in 1974 and is centrally located on the westerly portion of the lot and the! entire lot is enclosed with chain-link fencing, except for the entrance area which has an 8-foot solid metal fence obserVing a t-toot, setback. The container storage area is located on the north portion of the lot, while the tractor-trailer parking is located on the south, portion of the lot. 11 trees exist on-site all of which will remain, in addition the site floor plans indicate that no protected species exist.I The subject property is minimally landscaped and lacks improvements to meet updated parking lot paving standards. The property is: located within a methane zone and is located approximately 3 kilometers from the nearest fault line. Adjacent parcels existing to the'north, south, and west developed with manufacturing and commercial uses all in the [Q]RD3-1XL-0 Zone. Marine Company and'Truck Parking is located immediately to the north in the [Q]RD3-1XL-0 Zone; U.S. Customs and Military Vehicle Container Storage islocated immediately adjacent to the east in a [Q]RD3-1XL-0 and [Q]MR2-IVL-0 dual zoned property; and Oil Well and Truck Parking I

,area is located on parcel to the immediately to the south in the [Q]RD3-1XL-0 Zone; and another oil field along with Baseball Fieldsare located to the west in the [Q]RD3-1XL-0 Zone. Sensitive uses such as schools and recreational parks are located over 1000 feet

! away from the subject property. Wilmington Park Elementary School is located approximately 2000 feet to the northeast along Mahar'Avenue and Denni Street. Wilmington Square Park is located approximately 1000 feet to the southwest on the corner of Avalon Blvd.and Anaheim St., and Banning Museum and Park are located approximately 2000 feet northwest along Eubank and EM Street.Further, Pacific Coast Highway is located 2000 feet north of the subject site, the Harbor Freeway is approximately 7000 feet (twomiles) west of the subject site, and Port of Los Angeles is approximately 3000 feet (one mile) south of the subject site. Eubank Avenueis a Local Street dedicated to an approximate variable width of 29 to 64 feet at the project's street frontage. DOT will review "left turn ,only" for trailers and trucks loaded with storage containers exiting the subject site on south Eubank Street, since the street width to the iright (north) narrows down to 29 feet in width subject to BOE and DOT review, their recommendations are incorporated herein, by ireference. The proposed project is subject to the general plan footnotes for the Wilmington-Harbor City Community Plan area,in.du9.!".§l..":'~.:'!2":'.~eight of 30 feet f~~"2~dl.~..:~_'..gra'!.".:... .__ ._

ENV-2011-2388-MND Page 5 of24

PROJECT LOCATION:: 920 North Eubank Avenue .-.. " .._., . . _.d., ...,... , - ...- .. -.".--_.'" , . ".- ~,

" COMMUNITY PLAN AREA: . AREA PLANNING COMMISSION: CERTIFIED NEIGHBORHOOD'WILMINGTON - HARBOR CITY HARBOR COUNCIL:,STATUS: WILMINGTON

''I/',

Does Conform to Plan

'0 Does NOT Conform to Plan

: EXISTING ZONING:MAX. DENSITYIINTENSITY

•[Q]RD3'1XL-OALLOWED BY ZONING:nfa

! , MAX. DENSITYIINTENSITYGENERAL PLAN LAND USE: ALLOWED BY PLAN

LA River Adjacent:

Low Medium I Residential DESIGNATION:NO

nfa

PROPOSED PROJECT DENSITY:

..-- '"-" "".__ .. . --.. - ~.. --~""-.~. , storage and truckparking .. .... " .." ..

ENV-2011-2388-MND Page 6 of24

Determination (To Be Completed By Lead Agency)On the basis of this initial evaluation:

D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVEDECLARATION will be prepared,

if I find that although the proposed project could have a significant effect on the environment, there will not be asignificant effect in this case because revisions on the project have been made by or agreed to by the projectproponent A MITIGATED NEGATIVE DECLARATION will be prepared,

D ,I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACTREPORT is required,

D I find the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated"impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier documentpursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlieranalysis as described on attached sheets, An ENVIRONMENTAL IMPACT REPORT is required, but it mustanalyze only the effects that remain to be addressed,

D I find that although the proposed project could have a significant effect on the environment, because all potentiallysignificant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant toapplicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVEDECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothingfurther is required,

'~Q~~=' ======p=l=a=nn=i=ng==A=SS=is=!=an=!======= ===_=======(2=1=3=)=9=78=-=12=0=7=========Signature ~ Title Phone

Evaluation Of Environmental Impacts:1, A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information

sources a lead agency cites in the parentheses following each question, A "No Impact" answer is adequately supported if thereferenced information sources show that the impact simply does not apply to projects like the one involved (e,g" the projectfalls outside a fault rupture zone), A "No Impact" answer should be explained where it is based on project-specific factors aswell as general standards (e.q, the project will not expose sensitive receptors to pollutants based on a project-specificscreening analysis).

2, All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well asproject-level, indirect as well as direct, and construction as well as operational impacts,

3, Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicateWhether the impact is potentially significant, less that significant with mitigation, or less than significant "Potentially SignificantImpact" is appropriate if there is substantial evidence that an effect may be significant If there are one or more "PotentiallySignificant Impact" entries when the determination is made, an EIR is required, .

4, "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of a mitigationmeasure has reduced an effect from "Potentially Significant Impact" to "Less Than Significant Impact" The lead agency mustdescribe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigationmeasures from "Earlier Analyses," as described in (5) below, may be cross-referenced),

5, Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has beenadequately analyzed in an earlier EIR, or negative declaration, Section 15063 (c)(3)(D). In this case, a brief discussion shouldidentify the following:a, Earlier Analysis Used. Identify and state where they are available for review,b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately

analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed bymitigation measures based on the earlier analysis.

c. Mitigation Measures, For effects that are "Less than Significant with Mitigation Measures Incorporated," describe themitigation measures which were incorporated or refined from the earlier document and the extent to which they addresssite-specific conditions for the project.

ENV-2011-2388-MND Page 7 of24

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g.,general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A sources list should be attached, and other sources used or individuals contacted should becited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normallyaddress the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

9. The explanation of each issue should identify:a. The significance criteria or threshold, if any, used to evaluate each question; andb. The mitigation measure identified, if any, to reduce the impact to less than significance.

ENV -2011-23 88-MND Page 8 of 24

Environmental Factors Potentially Affected:The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages.

~

._.- ..-V AESTHETICSo AGRICULTURE AND FOREST

RESOURCES

Iv AIR QUALITY .V BIOLOGICAL RESOURCESo CULTURAL RESOURCESV GEOLOGY AND SOilS

ID GREEN HOUSE GAS EMISSIONS

Iv HAZARDS AND HAZARDOUS; MATERIALS

Iv HYDROLOGY AND WATERQUALITYIV lAND USE AND PLANNING

ID MINERAL RESOURCES'0 NOISE-----.-I

D POPULATION AND HOUSINGV PUBLIC SERVICESD RECREATIONV TRANSPORTATIONiTRAFFICV UTILITIES AND SERVICE SYSTEMSV MANDATORY FINDINGS OF

SIGNIFICANCE

INITIAL STUDY CHECKLIST (To be completed by the Lead City Agency)

BackgroundPROPONENT NAME:William Hall, Elizabeth McGarth Johansing PartnershipAPPLICANT ADDRESS:339 N. Arroyo DrivePasadena, CA 91775AGENCY REQUIRING CHECKLIST:Department of City PlanningPROPOSAL NAME (if Applicable):

PHOf:jE NUMBER:(626) 281-7849

DATE SUBMITIED:09/14/2011

ENV-2011-2388-MND Page 9 of24

,

Potentiallysignificant

Potentially unless Less thansignificant mitigation significant

in:tpa<:t i~corporated.."- i~pa~t No!~P~C~

I. AESTHETICS

a. Have a substantial adverse effect on a scenic vista?

b. Substantially damage scenic resources, including, but not limited to, trees,rock outcropplnqs, and historic buildings within a state scenic highway?

c. Substantially degrade the existing visual character or quality of the site and itssurroundin9.s?

l d. j Create a new source of substantial light or glare which would adversely affect[day or nighttime views in the area? .

II. AGRICULTURE AND FOREST RESOURCES

a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide, Importance (Farmland), as shown on the maps prepared pursuant to the

Farmland Mapping and Monitoring Program of the California Resourcesi A~t;!~,?y, to.n,?n~wicul~ural use?

b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?

[c. Conflict with existing zoning for, or cause rezoning of, forest land (as definedin Public Resources Code section 12220(g», timberland (as defined by PublicResources Code section 4526), or timberland zoned Timberland Production(as defined by Government Code section 51104(g))7

d. Result in the loss of forest land or conversion of forest land to non-forest use?

e. I Involve other changes in the existing environment which, due to their locationor nature, could result in conversion of Farmland, to non-agricultural use orconversion of forest land to non-forest use?

-:. III. AIR QUALITY

,a. Conflict with or obstruct implementation of the applicable air quality plan?

i b. , Violate a~y a\;' q'~alitY st~ndard or contrib~te substantially to an existing orpr.?j~~ted air q~ality V!OI~ti~.~? "" ,_. . _~ ..__. . ..

C. I Result in a cumulatively considerable net increase of any criteria pollutant for, which the project region is non-attainment under an applicable federal or stateambient air quality standard (including releasing emissions which exceed

, quantita~!~~. ~~~~s~.old~_~~ro.:_?n~e~ecursors)? ..._~ _" __.~,i d. Expose sensitive receptors to substantial pollutant concentrations?.. _. -.>_ ..' ._ .. _._"e. Create objectionable odors affecting a substantial number of people?-- "',"-

,IV. BIOLOGICAL RESOURCES_ .. __ , .•~ .• ~ .,. .•. ." . .... n_. ._. " . .~.a. , Have a substantia! adverse effect, either directly or through habitat

I modifications, on any species identified as a candidate, sensitive, or specialstatus species in local Or regional plans, policies, or regulations, or by theCal]fornia I?e~artn:ent of Fish and Game or U.S. Fi~h and ..~ldlife Service?

i b. ' Have a substantial adverse effect on any riparian habitat or other sensitivenatural community identified in local or regional plans, policies, regulations or

i , by the California Department of Fish and Game or US Fish and WildlifeService?

c. Have a SUbstantial adverse effect on federally protected wetlands as definedby Section 404 of the Clean Water Act (including, but not limited to, marsh,vernal pool, coastal, etc.) through direct removal, filling, hydrologicalinterruption, or oth~r n:e.ans?

!d. ,!nterfere substantially with the movement of any native resident or migratoryi [fish or wildlife species or with established native resident or migratory wildlife:., Hcorridor~! or imp?~IE?:~heuse of native V\iildHfenl!,~.sery~.jte.s? .

e. ~Conf1ict with any local policies or ordinances protecting biological resources,I. ,,~such as a trt?~.p~"~~~rvation.P9~i~x..?~.?r~.Jnan.ce?,, .f. 1 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural

j Community con.s.e...FV.... ation Plan, or other approved local, regional, or state~habitat conservation plan?

V. CULTURAL RESOURCES-_ ..._ ...•.._-_ ..._-_._ ....•.•._..__.__ ._._--------------_._------------.

ENV-2011-2388-MND Page 100[24

~Potentiallysignificant

Potentially unless Less thansignificant mitigation significant

. _.!!':l~a_c.t in:.~rp?~ate,d.". ,.,,, i~pa..ct~. ~o i~p~c.t

Erause a substantial adverse change in the significance of a historical ..r; resource as defined in § 15064.57

Cause a substantial a~verse change in the significance of an archaeological ..r: re~ource pursuant to § 15064.57

c .. Directly or indirectly destroy a unique paleontological resource or site or ..r, unique geologic feature?

: d. ! Dj~turb'~nyh'~;~~"'remains,including those interred outside of formal . ..ri cemeteries?

. VI. GEOLOGY AND SOILS

. a. Expose people Of structures to potential substantial adverse effects, including I ..r! : the risk of loss, injurY, or death involving: Rupture of a known earthquake

'fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning ,

Map issued by the State Geologist for the area or based on other substantialevidence of a known fault? Refer to Division of Mines and Geology Special,

i Publication 42.~,

~b"'Expose people or structures to potenti~.' substantial adverse effects, inclu~~l ..rl the risk of loss,. ~~j~ry, or d~ath jnvolvi~f!.: St~ong seismic ground shaking?

'c. Expose people or structures to potential substantial adverse effects, including ..rthe risk of loss, injury, or death involving: Seismic-related ground failure,

I including, ..liquefaction?

!d. Expose people or structures to potential substantial adverse effects, including ..ri the risk of loss.,._i,nj,~'Y',()Tdeath !_nvolving: Lan,dslides?

substantial soil erosion or the loss of topsoil? v:i f. e located on a geologic unit or soil that is unstable, or that would become ..r

nstable as a result of the project, and potentially result in on- or off-sitendslide.:, ..1~t~r~I",~p~eadjng, subsiden~,e.' _liquefaction or colla'ps~!

n expansive soil, as defined in Table 18-1-8 of the Uniform ..r"~.~~,~.!~.~.~.~~:.""~~_~,~~)},~:..~at~,~,g.~~?,~_~ant~~.I.~!:~~...!?,,~,i!e:..o.~_Pr.~E~rtt? __,." -,-""-" --"~ - - ~" ....".. " ~~"" ...."'- ,,",~,-. "."' ...----" ..- '-""'--'- ...ave soils incapable of adequately SUPP9rtin9 the use of septic tanks or v"Iternative waste water disposal systems where sewers are not available for,:",~,i.~p,~~al.,_?.t_wa~!~ __V!~.!~r? " "..-~.. ... _---,,- ..-".~ .. ..-~.. ,- . - ......, ." ....... ~.~.""' .~"..." ".._, --,-"' -_.""-"'" ...". .".."-,,, . "" .~,-,,,.

VII. GREEN HOUSE GAS EMISSIONS....... ,-, ...- ...".~ ~"-,_ .. . - ....., ..,,"' .... ,-, ..._ . '-''''-'---' -" '~'.'" """".". --_ .., ~ " .." .. "......,"- "

a. i?enerate greenhouse gas emissions, either directly or indirectly, that may ..ri have a signific~.n!"if!1I?"~~~,,?~!he ~~,v"jTonment? .,,~.. ~... --~-"'~-.--"" -',-" ... ~--.......~, .. .. - "

n applicable plan, policy or regulation adopted for the pu,I

..re emissions of gre~,~.~.~use~"~~~_~?.." "..,.", ... .." ~.. .....- . ._. . -'"" .,.-'."~".-". "-,"-"-

III. HAZARDS AND HAZARDOUS MATERIALS.. --"'-," .. ".-" "~ ..-. " .- ..~-".",,",. '- .," ....... - --~-"...' ... ..... ,,~... -,..- " ........."~..,,. "...."._" ......,.".- .~-" '

.I?reate a significant hazard to the public or the environment through the ..r..J.r?u!i,~.~w~r.~..~~p?.~"~~,~~_o! _~i:p?~~~..~.~~~,z_a~~?Y:_"!::'.~t=,r..iaI~?_."~._...,,,,."...._" ,..._.. -'''-.- ... " ' ..,,' " ... .."...".. - ,,"_.:

b'l~reate a significant hazard to the public or the environment through ..r,reaSOnablY foreseeable upset and accident conditions involving the release of

i, :'hazardous materials into the environment?" .1 •. ,... _. .'0. .c. iEm1t hazardous emissions or handle hazardous or acutely hazardous ..r ~

i materials, substances, or waste within one-quarter mile of an exlstlnq or: i propo~ed schoo!?

d. : Be located on a site which is included on a list of hazardous materials sites ..r: compiled pursuant to Government Code Section 65962.5 and, as a result,,!; would it create a ,~i~~ificant hazard t~the public or t~e environm,ent?

e. !lFor a project located within an airport land use plan or, where such a plan ..r I: has not been adopted, within two miles of a public airport or public useI' airport, would the project result in a safety hazard for people residing or: workin~ in the proje:;t area?

, f. For a project within the vicinity of a private airstrip, would the project result in ifa safety hazard for people residing or working in the project area?

g. Impair implementation of or physically interfere with an adopted emergency ..r_,.: .~~,~~~~~':.E.I.~.~_~!,.~,~~~.::~.5:X-=~~.~~!.~?_~_e.I~,:-n?_.._______",...________________ _·_·~ .._· ___ ."._w_ ---------

ENV-2011-2388-MND Page 11 of24

Potentially

No impact IsignificantPotentially unless Less thansignificant mitigation significant

_. imp~ct .~~~?rp,o~ate~. impact . ..-

h. Expose people or structures to a significant risk of loss, injury or deathinvolving wildland fires, including where wildlands are adjacent to urbanizedareas or where residences are intermixed with wildlands?

IX. HYDROLOGY AND WATER QUALITY

e disch~rge ~equirements?

b, Substantially deplete groundwater supplies or interfere substantially with'groundwater recharge such that there would be a net deficlt in aquifer volume: or a lowering of the local groundwater table level (e.g., the production rate of: preexisting nearby wells would drop to a level which would not support: eXist,i'":lg,land uses or planned uses for Which permits have. been wante~)?

c. ' Substantially alter the existing drainage pattern of the site or area, including. through the alteration of the course of a stream or river, in a manner whichwould result in substantial erosion or siltation on- or off-site?

d.! Substantially alter the existing drainage pattern of the site or area, including: through the alteration of the course of a stream or river, or substantiallyt increase the rate or amount of surface runoff in a manner which would result: in flooding on- or off-site?

: e, i Create or contribute runoff water which would exceed the capacity of existing, Of planned stormwater drainage systems or provide substantial additional

j sources of po!lut,e~ runoff?

,f. Otherwise substantially degrade water quality?

g. Place housing within a 100-year flood hazard area as mapped on a federal

l' Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazarddelineation map?,Ie- ---- - ----- -- -- --

~

e within a ten-year flood hazard area structures which would impede oreet flood flows?

I i. Expose people or structures to a significant risk of loss, injury or death, involving flooding, including flooding as a result of the failure of a levee or

dam?

~j. n by seiche, tsunami, or mudflow?

?

USE AND PLANNING _

b. Conflict with any applicable land use plan, policy, or regulation of an agency! with jurisdiction over the project (including, but not limited to the general plan,

specific plan, local coastal program, or zoning ordinance) adopted for thepurpose of avoiding or mit.igati~g ..an_.env!r.o.n::ne~tal'~.~:.ct~ " .. , .. ""~_~

. at conservation plan or natural community

XI. MINERAL RESOURCES

the loss of availability of a known mineral resource that would be ofthe region and the residents of the state?

It In the loss of availability of a locally important mineral resource, recovery site delineated on a local general plan, specific plan or other landuse plan?

XII. NOISE

a. [Exposure of persons to or generation of noise levels in excess of standards:established in the loca! general plan or noise ordinance, or applicable. standa~ds of othe~ .a.g~_r:?ies? .__n.

b. , Exposure of persons to or generation of excessive groundborne vibration or, ground~l?r~~_ noise .Ievels?

c. ' A substantial permanent increase in ambient noise levels in the project~vjcin_i~ above levels exist~n~, y.rithout the _proj~{;t?

! d. ~A s~bstantial temporary or periodic increase in ambient noise levels in the,_~~t v~~i~ty above le-:.els existing without the projecP -' -'- , --''- -'

ENV-2011-2388-MND Page 12 0[24

: e. , For a project located within an airport land use plan or, where such a planhas not been adopted, within two rnlles of a public airport or public useairport, would the project expose people residing or working in the project

, area to excessive noise levels?

f.i For a project within the vicin'ity of a private airstrip, would the proj~ct expose~i people residing or working in the project area to excessive noise levels?

Potentially

,IsignificantPotentially unless Less thansignificant mitigation significant i,!mp~<:~.." , > .,~!1~~!~ora!~d,. ~~l!~,~,t- ,,...~?,imp.~~t

XIII. POPULATION AND HOUSINGa. Induce substantial population growth in an area, either directly (for example,

, by proposing new homes and businesses) or indirectly (for example, through. extension of roads or other infrastructure)?

b.' Displace substantial numbers of eXis,ti,n,9,"-housing,necessitating the........;construction of repla?ement housing elsewhere?

c. : Displace substantial numbers of people, necessitating the construction of. repl~ce~ent housi.n~ el~ewhere? ,_ '"XIV. PUBLIC SERVICESi~r.~~~~~~~~~~~~~~~'~~~~~~'=F"----~--~~I""I

:WOUIdthe project result in substantial adverse physical impacts associated V, with the provision of new or physically altered governmental facilities, need for

! ! new or physically altered governmental facilities, the construction of which, ! could cause significant environmental impacts, in order to maintain acceptable

: service ratios, response times or other performance objectives for any of the, i public services: Fire protection?

i~'W~'~ld the proje~t re's~lt in substantial adverse physical impacts associatedi with the provision of new or physically altered governmental facilities, need fornew or physically altered governmental facilities, the construction of which

, could cause significant environmental impacts, in order to maintain acceptablei service ratios, response times or other performance objectives for any of the~. I?ublic services: Police,protection?i c. i Would the pr~ject result' in SUbstantial adver~e physical impacts associated

: with the provision of new or physically altered governmental facilities, need fornew or physically altered governmental facilities, the construction of whichcould cause significant environmental impacts, in order to maintain acceptableservice ratios, response times or other performance objectives for any of the

~ public services: Schools? '" _.__ _,., ,. _.

[d. Would the project result in substantial adverse physical impacts associatedwith the provision of new or physically altered governmental facilities, need fornew or physically altered governmental facilities, the construction of which

I could cause significant environmental impacts, in order to maintain acceptable!a service ratios, response times or other performance objectives for any of the,~ public services: Parks?

11e. Would the project result in SUbstantial adverse physical impacts associatedwith the provision of new or physically altered governmental facilities, need fornew or physically altered governmental facilities, the construction of whichcould cause significant environmental impacts, in order to maintain acceptableservice ratios, response times or other performance objectives for any of thepublic seryi~s: ~Ot.her_public fa,cm~es? ._.

'XV. RECREATIONa. :Would the project increase the use of existing neighborhood and regional

: parks or other recreational facilities such that SUbstantial physicalil : deterioration of the facility would occur or be accelerated?

ab.! Do~s the project include recreational faciljti~s or ~~quire the construction or!, ~expansion of recreational facilities which might have an adverse physical!I [effect o~ the environment?

LXVI.TRANSPORTATION/TRAFFIC. , .

,[

.'•••' a. ~'••,IConflict with an applicable plan, ordinance or policy establishing measures of: ~~ffectiveness for the performance of the circulation system, taking into account~ r all modes of transportation including mass transit and non-motorized travel1 1 and relevant components of the circulation system, including but not limited to! i intersections, streets, highways and freeways, pedestrian and bicycle paths,: i and mass transit?_"~i

ENV-2011-2388-MND Page 13 of24

h. [Conflict with an applicable congestion management program, including, but-I~:not limited to leve! of service standards and travel demand measures, or other

standards established by'the county congestion management agency fordesignat~d f?ads Of highways?

~. ~ .~....- ""'",.

Potentiallysignificant

Potentially unless Less thansignificant mitigation significant

impact incorporated impac~ . ~o jr:n~~.ct

a change in air traffic patterns, including either an increase in trafficlevels or a change in location that results in substantial safety risks?

: d., Substantially increase hazards due to a design feature (e.g., ~'harp curves or. ~;;tJ"1,g:,rousi.ntersection~) Of incompatible uses _(,e.,9:,farm,E:!:.9uipment)?

: e. ' Result in inadequate emergency access?

f. Conflict with adopted policies, plans, or programs regarding public transit,bicycle, or pedestrian facilities, or otherwise decrease the performance or

[safety of such facilities supporting alternative transportation (e.q. busturnouts, bicycle racks)?

i XVII. UTILITIES AND SER.VICE SYSTEMS

, a. ' Exceed wastewater treatment requirements of the applicable Regional Water, QualitxControl Board?

j b. ' Require or result in the construction of new water or wastewater treatmentfacilities or expansion of exlstinq facilities, the construction of which couldcause,u~!~,~i~cant environmental effects?

c. ~Require or result in the construction of new storm water drainage facilities ori'~xpansion of existing facilities, the construction of which could cause,~sig~,j,~~ant environmental effects? " ,

d. Have sufficient water supplies available to serve the project from existingr _~ntltlements and re:,~ources~_orare new or ~xp~.nded entltlements needed?

i e. Result in a determination by the wastewater treatment provider which serves, or may serve the project that it has adequate capacity to serve the project's

projected del1!.and in addition to ~he provider's eXlstmg com~ltment.s? _ ._

~

~ , oy a landfill with sufficient permitted capacity to accommodate theoject's solid waste disposal needs?

g. Comply with federal, state, and local statutes and requlaflons related to solidwaste?- ~ -~." - - . " .._- ,- . . .- . -

XVIII. MANDATORY FINDINGS OF SIGNIFICANCE..".- -,,"" , .• .'a. ' Does the project have the potential to degrade the quality of the environment,

substantially reduce the habitat of a fish or wildlife species, cause a fish orwildlife population to drop below self-sustaining levels, threaten to eliminate aplant or animal community, reduce the number or restrict the range of a rareor endangered plant or anima! or eliminate important examples of the majorperiods of Ca!iforn~a ~"i~"!?~"..or p~ehls!?ry.? .""_"_"" ''' ..~

b. Does the project have impacts that are individually limited, but cumulativelyconsiderable? ("Cumulatively considerable" means that the incrementaleffects of a project are considerable when viewed in connection with theeffects of past projects, the effects of other current projects, and the effects ofprobable future pro~ects)?

! c. ' Does the project have environmental effects which will cause substantial: adv~.rse effects ~~ ~uf!lan bein~.s~,,:ither dir:~tI¥"or_"jndirec..~_ly?

Note: Authority cited: Sections 21083, 21083~05, Public Resources Code. Reference: Section 6508804, Gov. Code; Sections 21080,21083.05, 21095, Pub, Resources Code; Eureka Citizens for Responsible Govt. v, City of Eureka (2007) 147 Cal.App.4th 357; Protectthe Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the DowntownPlan v, City and County of San Francisco (2002) 102 Cal.App.dth 656~

ENV-2011-2388-MND Page 14 of24

DISCUSSION OF THE ENVIRONMENTAL EVALUATION (Attach additional sheets lf necessary)

The Environmental Impact Assessment includes the use of official City of Los Angeles and other government source referencematerials related to various environmental impact categories (e.g., Hydrology, Air Quality, Biology, Cultural Resources, etc.). The Stateof California, Department of Conservation, Division of Mines and Geology - Seismic Hazard Maps and reports, are used to identifypotential future significant seismic events; including probable magnitudes, liquefaction, and landslide hazards. Based on applicantinformation provided in the Master Land Use Application and Environmental Assessment Form, impact evaluations were based onstated facts contained therein, including but not limited to, reference materials indicated above, field investigation of the project site,and any other reliable reference materials known at the time. .

Project specific impacts were evaluated based on all relevant facts indicated in the Environmental Assessment Form and expressedthrough the applicant's project description and supportive materials. Both the Initial Study Checklist and Checklist Explanations, inconjunction with the City of Los Angeles's Adopted Thresholds Guide and CEQA Guidelines, Were used to reach reasonableconclusions on environmental impacts as mandated under the California Environmental Quality Act (CEQA).

The project as identified in the project description may cause potentially significant impacts on the environment without mitigation.Therefore, this environmental analysis concludes that a Mitigated Negative Declaration shall be issued to avoid and mitigate allpotential adverse impacts on the environment by the imposition of mitigation measures and/or conditions contained and expressed inthis document; the environmental case file known asENV-2011-2388-MND and the associated case(s), ZA-2011-2387-ZV-ZAA.Finally, based on the fact that these impacts can be feasibly mitigated to less than significant, and based on the findings andthresholds for Mandatory Findings of Significance as described in the California Environmental Quality Act, section 15065, the overallproject impact(s) on the environment (after mitigation) will not:

• Substantially degrade environmental quality.• Substantially reduce fish or wildlife habitat.• Cause a fish or wildlife habitat to drop below self sustaining levels.• Threaten to eliminate a plant or animal community.• Reduce number, or restrict range of a rare, threatened, or endangered species.• Eliminate important examples of major periods of California history or prehistory.• Achieve short-term goals to the disadvantage of long-term goals.• Result in environmental effects that are individually limited but cumulatively considerable.• Result in environmental effects that will cause substantial adverse effects on human beings.

ADDITIONAL INFORMATION:All supporting documents and references are contained in the Environmental Case File referenced above and may be viewed in theEIR Unit, Room 763, City Hall.For City information, addresses and phone numbers: visit the City's website at http://www.lacity.org ; City Planning - and ZoningInformation Mapping Automated System (ZIMAS) cityplanning.lacity.orgl or EIR Unit, City Hall, 200 N Spring Street, Room 763.Seismic Hazard Maps - http://gmw.consrv.ca.govlshmplEngineeringilnfrastructureiTopographic MapslParcellnformation - http://boemaps.eng.ci.la.ca.uslindex01.htm orCity's main website under the heading "Navigate LA".

PREPARED BY:

Planning Assistant (213) 978-1207 0410612012

TITLE: TELEPHONE NO.: DATE:

HAYDEE URITA LOPEZ

ENV-2011-2388-MND Page 15 of24

1m act? ExplanationMitigationMeasures

APPENDIX A: ENVIRONMENTAL IMPACTS EXPLANATION TABLE

I. AESTHETICS

a. LESS THAN SIGNIFICANT IMPACT The project site is currently developedwith a one-story 15-loot tall office that willremain. The project site is not locatedwithin a state scenic highway, howeverimpacts to a scenic vista are consideredless than significant.

b. LESS THAN SIGNIFICANT IMPACT The project site is currently developedwith a one-story, 15-loot tall office that willremain. The project site is not locatedwithin a state scenic highway. Impacts toscenic resources such as trees, rockoutcroppings, and historic bulidings withina state scenic highway are consideredless than significant to no impact. Theproject is not located within a state scenichighway.

c. POTENTIALLY SIGNIFICANT UNLESS The project site is currently developed 1-90,1-100,1-120MITIGATION INCORPORATED with a one-story, 15-foot tall office that

will not be demolished. The project siteis not located within a state scenichighway. There are no scenic vistasvisable from the project site. However,the proposed project is operating from5a.m. to 1Op.m, daily and will uselighting for safety and security. Thefollowing mitigation measures wijldecrease impacts to a less thansignificant level.

d. POTENTIALLY SIGNIFICANT UNLESS The project site is currently developed See 1-90,1-100,1-120.MITIGATION INCORPORATED with a one-story,15-foot tall office that

will not be demolished. The project siteis not located within a state scenichighway. There are no scenic vistas

. visable from the project site. However,the proposed project is operating from5a.m. to 10p.m, daily and will uselighting for safety and security. Thelight from the buildings will need to beshielded downward to mitigate theimpact to a less than significant level.

II. AGRICULTURE AND FOREST RESOURCES

a. NO IMPACT The site is zoned for residential uses anddoes not contain farmland of any type. Noimpact will result.

b. NO IMPACT The site is zoned for residential uses anddoes not contain farmland of any type. Noimpact will result.

ENV-2011-2388-MND Page 16 of24

MitigationMeasuresImpact? Explanation

c. NO IMPACT The proposed project will not result inconversion of forrest land tonon-agricultural use.

d. NO IMPACT The proposed project will not result inconversion of forrest land tonon-agricultural use.

e. NO IMPACT The proposed project will not result inconversion of farmland to non-agriculturaluse.

III. AIR QUALITYa. LESS THAN SIGNIFICANT IMPACT The development of this project will not

conflict with or obstruct implementation ofeither plan.

b. POTENTIALLY SIGNIFICANT UNLESS The construction phase may increase 111-10MITIGATION INCORPORATED the existing basin-wide air quality

violations. However, these impacts willbe mitigated to a less than significantlevel by the proposed mitigationmeasures.

c. LESS THAN SIGNIFICANT IMPACT The construction phase may increase theexisting basin-wide air quality violations.However these impact will be less thansignificant.

d. LESS THAN SIGNIFICANT IMPACT The proposed project will have a less thansignificant impact on the exposure ofsensitive receptors to substantial pollutantconcentrations.

e. NO IMPACT No objectionable odors are anticipated toresult from this project.

IV. BIOLOGICAL RESOURCESa. NO IMPACT No sensitive species are expected to be

located on the site. No impact will result.

b. NO IMPACT The site does not contain riparian habitator sensitive natural communities. Noimpact would result.

c. NO IMPACT The site does not contain wetlands. Noimpact would result.

d. NO IMPACT The site does not contain wildlife corridorsor nursery sites. No impact will result.

e. POTENTIALLY SIGNIFICANT UNLESS The applicant included a Site Floor IV-50, IV-70, IV-90MITIGATION INCORPORATED Plan dated 1-26-11 stating that no

protected speices exist on site andidentifies 11 trees that exist on sitethat shall remain. The proposedproject is subject to the landscapingrequirements of the specific plan andis subject to further review by theDepartment of Urban Forestry andPublic Works. The following mitigationmeasures will ensure that impacts areless than significant.

ENV-20 11-2388-MND Page 17 of24

1m act? ExplanationMitigationMeasures

f. NO IMPACT The proposed project will not conflict withany habitat conservation plans.

V. CULTURAL RESOURCES

a. NO IMPACT The site does not contain any historicresources. No impact would result.

b. NO IMPACT The proposed project is not located in anarea of known archaeological resources.No impact would result.

c. NO IMPACT The residential project is not located in anarea of known paleontological resources.No impact would result.

d. NO IMPACT No human remains are anticipated to belocated at the project site. No impactwould result.

VI. GEOLOGY AND SOILS

a. NO IMPACT The site is not located in an alquist priolozone. No impact would result.

b. POTENTIALLY SIGNIFICANT UNLESS The subject property is subject to VI-20MITIGATION INCORPORATED strong seismic shaking and is subject

to building codes for newconstruction. The following mitigationmeasures will decrease impacts to aless than significant level.

c. NO IMPACT The site is not within a liquefaction zoneand no impacts are anticipated.

d. LESS THAN SIGNIFICANT IMPACT The project site does not containexpansive soils and is not located within alandslide area. The impacts areanticipated are less than significant.

e. NO IMPACT The applicant has indicated that no dirtwill be exported. Impacts to topsoilerosion are not anticipated.

f. NO IMPACT The subject site does not fan within ahillside grading area. No Impacts areanticipated.

g. NO IMPACT The project site does not containexpansive soils. No impact would result.

h. NO IMPACT No septic tanks are proposed as part ofthis project. No impact would result.

VII. GREEN HOUSE GAS EMISSIONS

a. LESS THAN SIGNIFICANT IMPACT The project is not anticipated to haveeffects on green house emmissions;impacts are considered less thansignificant.

b. LESS THAN SIGNIFICANT IMPACT The project is not anticipated to haveeffects on green house ernrnissions, theimpacts are considered less thansignificant. SEE VII-10

VIII. HAZARDS AND HAZARDOUS MATERIALS

ENV-2011-2388-MND Page 18 of24

MitigationMeasuresImpact? Ex lanation

a. POTENTIALLY SIGNIFICANT UNLESS No hazardous materials are proposed See VIII.40 and section XVI.MITIGATION INCORPORATED to be routinely transported, used, or Transportation (Haul Route) mitigation

disposed of as part of this project. The measure-XVI-30applicant shall comply with allBuilding and Safety conditionsrequired by LADBS. The impacts willbe less than significant.

b. POTENTIALLY SIGNIFICANT UNLESS The site contains an existing office VIII-50, VIII-1 00, VIII-11 0MITIGATION INCORPORATED measuring 240 square feet of floor area

and 15 feet in height, prior to theissuance of any demolition oralteration permit the applicant mustcomply with regulations for to mitigateACM (Asbestor Containing Materials)that might be present. In addition, theproposed project indicatest thatstorage will be one of the primaryuses, the site is on a methane zoneand potential impacts will bedecreased to a less than significantlevel by the following mitigationmeasures.

c. LESS THAN SIGNIFICANT IMPACT The subject property is not located withinone-quarter (0.25 ) mile of an existinqschool. The nearest existinq school is ..Wilmington Park Elementary School and itis approximately 2000 feet (0.39 miles)northeast of the site along Mahar Avenueand Denni Street. Impacts are consideredless than significant.

d. LESS THAN SIGNIFICANT IMPACT The site is not on a list of such hazardousmaterials list. Impacts to the environmentare considered less than significant.

e. NO IMPACT The site is not located within an airportland use plan. The proposed projectwould not result in a safety hazard forpeople residing or working in the area.Impacts are considered less thansignificant.

f. LESS THAN SIGNIFICANT IMPACT The site is not located near a private, airstrip. The proposed residential projectwould not result in a safety hazard forpeople residing or working in the area.

g. NO IMPACT The project would not interfere with anyemergency response or evacuation plans.No impact would result.

h. PPTENTIALL Y SIGNIFICANT UNLESS The project site is not located in a Very VIII-70MITIGATION INCORPORATED High Fire Severity Zone, however the

project will be further reviewed by theFire Department. The followingmitigation measures will ensure thatimpacts are less than significant.

IX. HYDROLOGY AND WATER QUALITY

ENV-Z011-Z388-MND Page 19 ofZ4

Impact? ExplanationMitigationMeasures

a. POTENTIALLY SIGNIFICANT UNLESS The proposed development of the site IX-30MITIGATION INCORPORATED is not projected to violate any water

quality or waste dischargerequirements, however the project lssubject to the following mitigationmeasures to ensure that impacts areless than significant.

b. LESS THAN SIGNIFICANT IMPACT The proposed project should not causethe depletion of groundwater supplies orthe interference of groundwater recharge.The project site will continue to besupplied with water by the LA DWP. Theimpact is considered less than significant.Also see IX-30,IX-50.

c. LESS THAN SIGNIFICANT IMPACT The project site does not contain a streamor river. The site currently drains into thesewer as will the proposed residentialproject. The impact is considered lessthan significant. Also see IX-30,IX-50.

d. POTENTIALLY SIGNIFICANT UNLESS The proposed project does not contain IX-30,IX-50.MITIGATION INCORPORATED residential units. Stormwater runnoff

control will be mitigated to a less thansignificant level. Also see IX-30,IX-50.

e. POTENTIALLY SIGNIFICANT UNLESS The proposed project does not contain IX-30.MITIGATION INCORPORATED residential units. Stormwater runnoff

control will be mitigated to a less thansignificant level. Also see IX-30,IX-50.

f. NO IMPACT The proposed project is not anticipated tosubstantially degrade water quality. Theimpact is considered less than significant.Stormwater runnoff control will bemitigated to a less than significant level.Also see IX-30,IX-50.

g. NO IMPACT The property is not located in a 100-yearflood hazard area. No impact wouldresult.

h. NO IMPACT The property is not located in a floodzone. No impact would result.

i. NO IMPACT The property is not located in a potentialdam inundation zone. No impact wouldresult.

j. NO IMPACT The subject property is not located withinan inundation zone for seiches, tsunamisor mudflow. No impact would result. .

X. LAND USE AND PLANNING

a. NO IMPACT The proposed project is surrounded bytruck parking and storage areas andwould not result in physically dividing anestablished community.

ENV-2011-2388-MND Page 20 of24

MitigationMeasuresImpact? Explanation

b. POTENTIALLY SIGNIFICANT UNLESS The proposed project is subject to the See explanation.MITIGATION INCORPORATED guidelines and requirements of the

Wilmingto-Harbor City CommunityPlan and its footnotes. The proposedproject is subject to the general planfootnotes for theWilmington-HarborCity Community Plan area, includingmaximum height of 30 feet fromadjacent grade. Furthermore, theapplicant filed Case No.ZA-2011-2387-ZV-ZAA for ZoningAdministrator requests for a ZoneVariance, and a Zoning Administrator'sAdjustment all detailed in the projectdescription request. Impacts will bereduced to a less than significant levelby complying with the conditionscontained in the decision letters forZA-2011-2387-ZV-ZAA. As conditioned,the the proposed project will beconsistent with intent of theCommuinty Plan and the LAMC.

c. NO IMPACT The proposed project will not conflict withany applicable conservation or naturalcommunity conservation plans due to itslocation in a developed, urban area.

XI. MINERAL RESOURCESa. NO IMPACT The project site is not located in a known

area of mineral resources. No impact isexpected to result.

b. NO IMPACT The site is not located in a known area ofmineral resources. No impact is expectedto result.

XII. NOISEa. LESS THAN SIGNIFICANT IMPACT The proposed project will not expose

persons to noise levels in excess ofstandards established in the local generalplan or noise ordinance.

b. LESS THAN SIGNIFICANT IMPACT The project does not include constructionand is not anticipated to result inexcessive groundborne vibration or noiselevels.

c. LESS THAN SIGNIFICANT IMPACT No parking ramps are proposed.Theproject will not cause a significantincreases in permanent ambient noiselevels. The impacts are considered to beless than significant.

d. LESS THAN SIGNIFICANT IMPACT The proposed project does not includesconstruction, neverthelss the project issubject to compliance with the City'sNoise Ordinance. The impacts areconsidered less than significant.

ENV-2011-2388-MND Page 21 of24

MitigationMeasuresImpact? Explanation

e. NO IMPACT The proposed project is not located withinan airport land use plan. No impact wouldresult

f. NO IMPACT The proposed project is not located in thevicinity of a private airstrip. No impactwould result

XIII. POPULATION AND HOUSING

a. NO IMPACT The site is surrounded by truck parkingand storage facilities, no residentialdwellings exist No impacts to housing willresult.

b: NO IMPACT No housing viill be displaced as a result ofthis project.

c. NO IMPACT The proposed residential project wouldnot involve or cause the construction ofreplacement housing elsewhere.

XIV. PUBLIC SERVICES

a. POTENTIALLY SIGNIFICANT UNLESS The project is located in an area with XIV-10, XIV-2OMITIGATION INCORPORATED adequate fire response times. The

project will be reviewed by the LA Firedepartment who may requiremitigation to reduce impact to a lessthan significant level.

b. LESS THAN SIGNIFICANT IMPACT The project will not significantly increasepolice response times.

c. LESS THAN SIGNIFICANT IMPACT The proposed project will not increase thedemand on area schools.

d. LESS THAN SIGNIFICANT IMPACT The proposed project will not result in anincrease in the use of parks.

e. LESS THAN SIGNIFICANT IMPACT Eubank Street is a local street dedicatedto a variable street frontage ofapproximately 29 feet to 64 feet. Theproposed project is subject to furtherreview and recommendations of BOE andPublic Works; and requirements by saiddepartments are incorporated herein, byreference.

XV, RECREATION

a. LESS THAN SIGNIFICANT IMPACT Impacts to the increased use of parks isless than significant.

b. LESS THAN SIGNIFICANT IMPACT The development of this project will notresult in the construction or expansion ofrecreational facilities.

XVI. TRANSPORTATION/TRAFFIC

a. POTENTIALLY SIGNIFICANT UNLESS The proposed project does not conflict XV140, XVI-50MITIGATION INCORPORATED with policies established by

ordinances or plans. Eubank Avenueis a Local street dedicated to anapproximate variable width of 29 to 64feet at the project's street frontage.DOT will review "left turn only" fortrailers and trucks loaded with storage

ENV-2011-2388-MND Page 22 of24

MitigationMeasures1m act? Ex lanation

containers exiting the subject siteonsouth Eubank Street, since the streetwidth to the right (north) narrowsdown to 29 fee! in width subject toBOE and DOT review, theirrecommendations are incorporatedherein, by reference. The followingmitigation measure will ensure thepotential impacts to transportationcirculation are less than significant.

b. LESS THAN SIGNIFICANT IMPACT The proposed project will not result in asubstantial increase in the level of serviceon the local streets.

c. LESS THAN SIGNIFICANT IMPACT No change in air traffic patterns will resultfrom the proposed project.

d. LESS THAN SIGNIFICANT IMPACT The proposed project does not includeany hazardous design features. Noimpact would result.

e. POTENTIALLY SIGNIFICANT UNLESS Both LAOOT and LAFO (LA Fire Dept.) XV140, XVI-50MITIGATION INCORPORATED will review the project's emergency

access to ensure that potentialimpacts are mitigated to a less thansignificant level.

f. LESS THAN SIGNIFICANT IMPACT The proposed project is subject to thereview of Building and Safety, Zoning forparking requirements under LAMCSection 12.21. Said department'srequirements are incorporated byreference, herein. See XVI40,XVI-50.

XVII. UTILITIES AND SERVICE SYSTEMSa. NO IMPACT The project should not exceed the

wastewater treatment requirements of theLos Angeles Regional Water QualityControl Board.

b. POTENTIALLY SIGNIFICANT UNLESS The proposed project will not result in XVII-90MITIGATION INCORPORATED impacts to utilities and service

systems, however the project issubject to compliance with LADBSPublic Works requirements for sewerconnections and other related PublicWorks matter, The following mitigationmeasures will reduce impacts to a essthan significant level. Saiddepartment'srequirements/recommendations areincorporated herein, by reference.

c. POTENTIALLY SIGNIFICANT UNLESS The proposed project will not result in XVII-90 and XVII-100.MITIGATION INCORPORATED impacts to utilities and service

systems, however the project issubject to compliance with LADBSPublic Works requirements for sewerconnections and other related PublicWorks matter. The following mitigationmeasures will reduce impacts to a essthan significant level. Said

ENV-ZOII-Z388-MND Page 23 ofZ4

MitigationMeasuresImpact? Explanation

department'srequirements/recommendations areincorporated herein, by reference.

d. LESS THAN SIGNIFICANT IMPACT The Department of Water and Power hasadequate supplies to serve this project.The impacts are considered less thansignificant.

e. LESS THAN SIGNIFICANT IMPACT Any increase in wastewater, can be .accomodated by the wasterwatertreatment provider. The impact will beless than significant.

f. LESS THAN SIGNIFICANT IMPACT The local landfills have sufficient capacityto serve the project.

g. POTENTIALLY SIGNIFICANT UNLESS The proposed project will be required XVII-gO, XVII-100MITIGATION INCORPORATED to provide on-site recycling to reduce

the amount oftrash going to landfills.This will reduce theconstruction/storage waste impact to aless than significant level.

XVIII. MANDATORY FINDINGS OF SIGNIFICANCE

a. NO IMPACT The proposed project does not result inany impacts that would cause the above.

b. POTENTIALLY SIGNIFICANT UNLESS The proposed project will result in XVJII-10MITIGATION INCORPORATED environmental impacts, however each

impact can be mitigated to a less thansignificant level with the incorporationof the attached mitigation measures.As such, the cumulative impact of theproposed project will not result in anycumulative impacts.

c. NO IMPACT After implementation of mitigationmeasures, the proposed residentialproject does not have any significantdirect or indirect impacts to humanbeings.

ENV-2011-2388-MND Page 24 of24

MOTION

On February 5,2013, the Harbor Area Planning Commission failed to act on an appeal of theZoning Administrator's decision (Case No. ZA 2011-2387-ZV-ZAA-1A) to approve an adjustmentof the LAMe, allowing the operation of a truck and container storage facility at 920 Eubank Ave inWilmington, on a parcel zoned QRD3 (residential).

The Wilmington Community has long endured negative impacts of industrial operations in andaround the Port of Los Angeles and has advocated for the separation of heavy industrial usesfrom res idential.

The Zoning Administrator's determination in this case is contrary to those efforts and wouldresult in increased noise, pollution and truck traffic in a residential neighborhood.

ITHEREFORE MOVE that, pursuant to Charter Section 245, the City Council assert jurisdictionover Item #5 on the February 5, 2013 agenda of the Harbor Area Planning Commissionconcerning Case No. ZA 2011-2387-ZV-ZAA-1A, sustaining the action of the ZoningAdministrator to: Approve, pursuant to Section 12.28 of the Code, an Adjustment to allow a 1-footfront yard setback in lieu of the 15 feet otherwise required in the [Q]RD3-1XL-O Zone inconjunction with the proposed truck/trailer parking and container storage facility.

I FURTHER MOVE that upon assertion of jurisdiction, this matter be referred to Committee forreview and further action.

(~PRESEmEDBY~~

J E BUSCAINOCouncilmember, 15th District

SECONDED

'l,

:-' .

MOTION -FEB 13tzD'lJFe>. 1'-'-'2 s.J"'-c\, Fe,~",-", I \e1, ZJ)13

On February 5,2013, the Harbor Area Planning Commission denied an appeal and upheld thethe Zoning Administrator's decision (Case No. ZA :2011-2387-ZV-ZAA-1A) to approve severalvariances of the LAMC, allowing the operation of a truck and container storage facility at 920Eubank Ave in Wilmington, on a parcel zoned QRD3 (residential).

The Wilmington Community has long endured negative impacts of industrial operations in andaround the Port of Los Angeles and has advocated for the separation of heavy industrial usesfrom residential.

The Commission's action and the Zoning Administrator's determination in this case are contraryto those efforts and would result in increased noise, pollution and truck traffic in a residentialneighborhood.

I THEREFORE MOVE that, pursuant to Charter Section 245, the City Council assert jurisdictionover the February 5, 2013 action of the Harbor Area Planning Commission on Case No. ZA2011-2387-ZV-ZAA-1A, sustaining the action of the Zoning Administrator to 1) Deny, pursuant tothe provisions of Section 12.27 of the Los Angeles Municipal Code, a Zone Variance fromSection 12.21-A,6(c) to permit vehicle parking and storage without paving, bumper guards, wheelstops, walls, curbs and landscaping as otherwise required of an automobile parking area; 2)Approve, pursuant to Section 12.27 of the Code, Zone Variances from Section 12.09.1-A topermit overnight parking for tractor/trailer trucks and the open storage of shipping containers inthe [Q]RD3-1XL-O Zone, as otherwise not permitted; and from Section 12.21-A,6(d) to permit noenclosing walls along the front, side and rear property line as otherwise required of anautomobile parking area; and 3) Approve, pursuant to Section 12.28 of the Code, a ZoningAdministrator's Adjustment to allow a Hoot front yard setback in lieu of the 15 feet otherwiserequired in the [Q]RD3-1XL-O Zone in conjunction with the proposed truck/trailer parking andcontainer storage facility.

I FURTHER MOVE that upon assertion of jurisdiction, this matter be referred to Committee forreview and further action.

PRESENTEDBy,~b-J E BUSCAINOCouncilmember, 15th District

SECONDEDBY~/,J ~

Los Angeles City Council, Continuation AgendaFriday, February 22,2013John Ferraro Council Chamber, Room 340, City Hall - 10 am

CONTINUED FROM: TUESDAY, FEBRUARY 19,2013

Item for Which Public Hearing Has Not Been Held - Item 11

ITEM NO. (11)

13-0212CD15

CONTINUED CONSIDERARTION OF MOTION (BUSCAINO - ENGLANDER) relative to assertingjurisdiction from the Harbor Area Planning Commission decision regarding the operation of a truckand container storage facility at 920 Eubank Avenue in Wilmington.

Recommendations for Council action:

1. ASSERT jurisdiction over Item No. 5 on the February 5, 2013 agenda of the Harbor AreaPlanning Commission concerning Case No. ZA 2011-2387-ZV-ZAA-1A, sustaining the action ofthe Zoning Administrator to approve, pursuant to Section 12.28 of the Code, an Adjustment toallow a t-toot front yard setback in lieu of the 15 feet otherwise required in the [Q]RD3-1XL-OZone in conjunction with the proposed truck/trailer parking and container storage facility.

2. REFER this matter to Committee for review and further action.

FRIDAY 02-22-13 PAGE 1

Case Number:ZA-2011-2387-ZV-ZAA-IADetermination Letter MailingMAILING DATE: Feb. 19,2013

Dept of Engineeringguyen.phan@lacity.org

William HallElizabethMcGrathJohanssing Pnshp.339 N. Arroyo DrPasadena, CA 91775

Janet GunterPO Box 642San Pedro, CA 90733

Rene Edmunds711 Anaheim St.Wilmington, CA 90744

Glennda Sands1212 W. Mauretania St.Wilmington, CA 90744

Linda ClarkeCity Hall, Room 763Mail Stop 395

Sue ChangCity Hall, Room 763Mail Stop 395

Lee AmbersCalifornia Property ConsultantsPO Box 7570Van Nuys, CA 91409

Jacob Haik/Gabriela Medina638 S. Beacon St.San Pedro, CA 90731

William Hall339 N. Arroyo DrSan Gabriel, CA 91775

GIS/Fae TsukamotoCity Hall, Room 825Mail Stop 395

Council District 15City Hall, Room 425Mail Stop 225

Jesse MarquezCoalition for a Safe Enviroument1601 N. Wilmington Blvd., BWilmington, CA 90744

Michael Meyer2525 Outpost Dr.Los Angeles, CA 90068

Skip Baldwin632 N. Broad Ave.Wilmington, CA 90744

COpy OF OWNERtj" LIJT

1. IX[6]ElizabethMcGrathJohansingPartnershipStar Route Box 4520San Miguel, CA 93451

4. IX[2]L. A. Dept. of Water & Power111 No. Hope Street, Rm. 1203Los Angeles, CA 90012

.The North San PedroTract No.2 of Wilmington

Block C

9. 12[1]Jose M. & Dolores C. Mejia619 East Grant StreetWilmington, CA 90744

11. [1]Carlos Fabian Castelo, Tr.19706 Normandie AvenueCerritos, CA 90703

Block L

[3]Same as Number 12

The North San PedroTract of Wilmington

Block E

16. 12The Atchinson Topeka Santa Fe RR1 Santa Fe Plaza, 5200 E Shelia St.Los Angeles, CA 90040

C 2010-10310Owner's ListDD666R20

2. IX[3&5]Yvette Avila Espinoza7105 Atlantic PlaceLong Beach, CA 90805

5. VIII[19-21] & IX[1]Warren Resources of CA. Inc.489 Fifth Avenue. 32nd FloorNew York, NY 10017

7. 11[1]Ramon B. & Delphina G. Torres1042 Eubank AvenueWilmington, CA 90744

10. 12[2]Luis E. & Patricia Rosales1041 Hyatt StreetWilmington, CA 90744

12. [3]Heirs& Deviseesof WaldcloRobt.Wald144 So. Beverly DriveBeverly Hills, CA 90212

14. [1]Gerald M. Harris1025 Me Farland AvenueWilmington, CA 90744

Block P

15. 1-3Eugene R. Kefalas4822 Tiara Drive # 101Huntington Beach, CA 92649

17. 13Alicia F. M. & Saul Salazar947 Me Farland AvenueWilmington, CA 90744

Page 1 of 3

3. IX[4]Fadco EnterprisesP. O. Box 2742Newport Beach, CA 92663

6. VIII[24]Harbor Community Dev'nt Corp.239 No. Avalon BlvdWilmington, CA 90744

8. 11 [2]Jose M. & Dolores C. Mejia615 East Grant StreetWilmington, CA 90744

Block E

13 [2]FrancesM.Hardin.Attn.GoryHardin.Ancon1022 Eubank AvenueWilmington, CA 90744

[2]Same as Number 13

Same as Number 13

Block B

18.Norma & Martha Reyes943 Me Farland AvenueWilmington, CA 90744

14

19. 15Jorge & Guadalupe Avina937 Mc Farland AvenueWilmington, CA 90744

22.Eric T. & Elizabeth Ashe921 Mc Farland AvenueWilmington, CA 90744

18

22Same as Number 15

26. 13Antonio & Sylvia Moreno1011 No. Lecouvreur AvenueWilmington, CA 90744

29. 16Nathaniel Jr. & Easter C. Sanders1012 No. Lecouvreur AvenueWilmington, CA 90744

32.Sergio & Maria E. Borja819 Hawaiian AvenueWilmington, CA 90744

19

35. 35Maria Spitzer20704 So. Budlong AvenueTorrance, CA 90502

38. 38Ruth Fernandez1025 Eubank AvenueWilmington, CA 90744

41. 41Alonso & Sylvia Martinez1011 Eubank AvenueWilmington, CA 90744

C 2010-10310Owner's List

The North San Pedro Tract ofWilmington, Blk. B Continued

20. 16Ramon & Mercedes Torres933 Mc Farland AvenueWilmington, CA 90744

23. 19Jaime I. & Lilia B. Cervantes932 Flint AvenueWilmington, CA 90744

Tract No. 1481

27. 14Maria Cardenaz1001 No. Lecouvreur AvenueWilmington, CA 90744

30. 17Felipe & Theresa Rico1018 No. Lecouvreur AvenueWilmington, CA 90744

33. 20Maria Janet Soto, Tr.1030 No. Lecouvreur AvenueWilmington, CA 90744

36.Alicia Arevalo1035 Eubank AvenueWilmington, CA 90744

36

39.Mary C. Donahue1021 Eubank AvenueWilmington, CA 90744

39

42. 42Dale B. & Mildred M. Mann4758 West 168'hStreetLawndale, CA 90260

Page 2 of 3

21. 17Juan C. & Virginia Z. Acosta927 Mc Farland AvenueWilmington, CA 90744

24. 20 & 21Marcus & Catherine Mo, Trs.2545 Loma Vista DriveAlhambra, CA 91803

25. 12Juana Garibaldi1015 No. Lecouvreur AvenueWilmington, CA 90744

28. 15Warren Resources of CA, Inc. Attn T. G. Dahlgren301 East Ocean Blvd, # 1010Long Beach, CA 90802

31. 18Antonio & Maria T. Saenz1022 No. Lecouvreur AvenueWilmington, CA 90744

34. 21Celia E. SmileyP. O. Box 1189Newport Beach, CA 92569

37. 37Pedro R. & Myrna Garcia1029 Eubank AvenueWilmington, CA 90744

40. 40Rember D. & Lorena Sosa1017 Eubank AvenueWilmington, CA 90744

ASame as Number 16

44. 6-11Pacific Maritime AssociationP. O. Box 21618Long Beach, CA 90801

Lee AmbersCalifornia Property ConsultantsP. O. Box 7570Van Nuys, CA 91409-7570

Interested Nearby JurisdictionSan Pedro/Wilmington

Director of PlanningCity of Rancho Palos Verdes30940 Hawthorne Blvd.Rancho Palos Verdes, CA 90274

LAUSD1425 So. San Pedro St., Rm. 404P. O. Box 2298-TALos Angeles, CA 90051

C 2010-10310Owner's List

Tract No. 3892

Tract No. 5505

45. 12-16Young W. & Chong Y. Kong5 Avenida De MagnoliaRancho Palos Verdes, CA 90275

Property Owner's Representative

Director of PlanningCity of Carson701 East CarsonCarson, CA 90745

Director of PlanningCity of Long Beach333 West Ocean Blvd.Long Beach, CA 90802

Page 3 of 3

43.Guillermo Ramirez21312 Perry StreetCarson, CA 90745

1-5

Project Representative

William Hall, Chair Advisory BoardE. M. Johansing, LLC339 No. Arroyo DrivePasadena, CA 91775

Director of PlanningCity of LomitaP. O. Box 339Lomita, CA 90717

Director of PlanningRegional Planning Dept. Co of L A320 West Temple StreetLos Angeles, CA 90012

COpy OF OCCUPANTtI LIJT

1.Occupant920 Eubank AvenueWilmington, CA 90744

5.Occupant625 East Anaheim StreetWilmington, CA 90744

6.Occupant564 Opp StreetWilmington, CA 90744

13.Occupant1022 Grant StreetWilmington, CA 90744

15.Occupant823 Mc Farland Avenue # 1Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 4Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 7Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 10Wilmington, CA 90744

16.Occupant733 East Opp StreetWilmington, CA 90744

C 2010-10310Occupant's List Page 1 of 3

2-3.Occupant930 Eubank AvenueWilmington, CA 90744

5.Occupant621 East Anaheim StreetWilmington, CA 90744

5.Occupant629 East Anaheim StreetWilmington, CA 90744

6.Occupant925 Banning Blvd.Wilmington, CA 90744

8.Occupant617 Grant StreetWilmington, CA 90744

11.Occupant1025 Mc Farland AvenueWilmington, CA 90744

15.Occupant833 Mc Farland AvenueWilmington, CA 90744

15.Occupant827 Mc Farland AvenueWilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 2Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 3Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 5Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 6Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 8Wilmington, CA 90744

15.Occupant903 Mc Farland Avenue # 9Wilmington, CA 90744

16.Occupant700 East Opp StreetWilmington, CA 90744

16.Occupant730 East Opp StreetWilmington, CA 90744

16.Occupant711 East Anaheim StreetWilmington, CA 90744

16.Occupant723 East Anaheim StreetWilmington, CA 90744

C 2010-10310Occupant's List Page 2 of 3

16.Occupant725 East Anaheim StreetWilmington, CA 90744

16.Occupant735 East Anaheim StreetWilmington, CA 90744

17.Occupant945 Mc Farland AvenueWilmington, CA 90744

19.Occupant939 Mc Farland AvenueWilmington, CA 90744

23.Occupant917 Mc Farland AvenueWilmington, CA 90744

24.Occupant907 Mc Farland Avenue # AWilmington, CA 90744

24.Occupant907 Mc Farland Avenue # BWilmington, CA 90744

24.Occupant913 Mc Farland Avenue # AWilmington, CA 90744

24.Occupant913 Mc Farland Avenue # BWilmington, CA 90744

25.Occupant1017 Lecouvreur AvenueWilmington, CA 90744

28.Occupant1000 Lecouvreu r A venueWilmington, CA 90744

28.Occupant1002 Lecouvreur AvenueWilmington, CA 90744

32.Occupant1026 Lecouvreur AvenueWilmington, CA 90744

34.Occupant1034 Lecouvreur AvenueWilmington, CA 90744

34.Occupant1036 Lecouvreur AvenueWilmington, CA 90744

35.Occupant1039 Eubank AvenueWilmington, CA 90744

42.Occupant561 East Opp StreetWilmington, CA 90744

43.Occupant900 Eubank AvenueWilmington, CA 90744

43.Occupant906 Eubank AvenueWilmington, CA 90744

43.Occupant912 Eubank AvenueWilmington, CA 90744

43.Occupant715 East I StreetWilmington, CA 90744

43.Occupant721 East I StreetWilmington, CA 90744

44.Occupant818 Eubank AvenueWilmington, CA 90744

44.Occupant822 Eubank AvenueWilmington, CA 90744

44.Occupant828 Eubank AvenueWilmington, CA 90744

44.Occupant834 Eubank AvenueWilmington, CA 90744

45.Occupant633 East Anaheim StreetWilmington, CA 90744

C 2010-10310Occupant's List Page 3uf3

45.Occupant701 East Anaheim StreetWilmington, CA 90744

45.Occupant707 East Anaheim StreetWilmington, CA 90744