Area Planning Commission
Regular MeetingLos Angeles, CA · July 19, 2007
Minutes
OFFICIAL
CITY OF LOS ANGELES
North Valley Area Planning Commission Minutes
Thursday, July 19, 2007
Mt. Gleason Middle School
10965 Mt. Gleason Avenue, Multi-Purpose Room
Van Nuys, California 91401
ACTION MINUTES OF THE NORTH VALLEY AREA PLANNING COMMISSION. COMPLETE
DETAILS RELATING TO EACH ITEM ARE CONTAINED IN THE HEARING TAPES FOR THIS
MEETING. COPIES OF TAPES ARE AVAILABLE BY CONTACTING CENTRAL
PUBLICATIONS, AT (213) 978-1255.
The meeting was called to order by Commission President Sampson at 4:51 p.m.
Commissioners present: Richard L. Corona, Melrita Evans Fortson, John Lett, Sr.,
J. Richard Leyner
Commissioner absent: None
1. DEPARTMENTAL REPORT - ITEMS OF INTEREST
None
2. COMMISSION BUSINESS
A. Advance Calendar
None
B. Commission Requests
None
B. Minutes of May 03, 2007 and June 07, 2007 Meetings
Minutes of May 03, 2007 and June 07, 2007 were approved and
adopted unanimously.
3. DIR-2006-9072-BSA-1A
CEQA: Exempt ** Council District: 2
Plan: Sunland-Tujunga-Lake View Location: 8040 West Foothill Blvd.
Terrace-Shadow Hills-East La Expiration Date: 06/10/07
Tuna Canyon Appeal Status: Not further
appealable to City Council
Continued from 06/07/07
PUBLIC HEARING
AN APPEAL, from the Zoning Administrator’s decision, pursuant to the provisions of
Section 12.26-K of the Los Angeles Municipal Code, that: 1) the Department of Building
and Safety did err and abuse its discretion in its determination (Report No. DBS-06001-
DCP) that the construction work permitted by Building Permit No. 06016-10000-03354,
for the conversion of an existing K-Mart into a Home Depot, is not a “Project” or a
“Significant Project”, as defined in the Foothill Boulevard Corridor Specific Plan, and
therefore not subject to its regulation; 2) the action of the Department of Building and
Safety is herein reversed; 3) the construction activity is herein determined to be a
“Project” that shall be subject to Project Permit Compliance Review with the provisions
of the Foothill Boulevard Corridor Specific Plan, pursuant to Section 11.5.7-C of the Los
Angeles Municipal Code; and 4) the construction activity cannot conclusively be
determined to be a “Significant Project” until the Department of Building and Safety
provides further justification for calculation of replacement value and total renovation
costs..
PROTESTANT/APPLICANT: Abby Diamond, Sunland-Tujunga Alliance, Inc.
APPELLANT: Ann Jerhoff, Esq., Home Depot U.S.A., Inc.
Representative: Patricia Keane Tegart, Esq.,
Latham & Watkins, LLP
STAFF RECOMMENDED DENIAL OF APPEAL.
Michael LoGrande, (213) 978-1318
Councilmember Wendy Gruel testified in support of the community and Planning
Department’s determination and recommendation to deny the appeal. She agreed that
jurisdiction of this case should remain with the North Valley Area Planning Commission.
She further stated that Home Depot is a wrong project at the wrong place. She said that
the key question is whether the significant remodeling/changes of the place constitutes a
new project and is subject to Project Permit Compliance Review with the provisions of
the Foothill Boulevard Corridor Specific Plan and environmental review.
Staff discussed the issue of Commission jurisdiction – whether should it be heard by the
City Planning Commission or the North Valley Area Planning Commission. He stated
that the nature of this case is unique and deals with the local specific plan and is not a
city-wide application, the North Valley Area Planning Commission has the jurisdiction.
He also explained why it is considered a new project.
NORTH VALLEY AREA 2
PLANNING COMMISSION July 19, 2007
He then proceeded to present the case and answered questions of the Commission.
At this point, the Deputy City Attorney recommended the Commission make its initial
determination on the issue of jurisdiction before going to the substance of the case. He
also suggested that the Commission hear from the appellant’s representative opinion on
the jurisdiction issue before making the determination.
The President then asked the representative of the appellant to speak regarding this
issue.
A motion was made to retain jurisdiction of this case with the North Valley Area Planning
Commission. It was moved by Commissioner Leyner and seconded by Commissioner
Lett. Commissioners Corona, Fortson, and Sampson all voted yes.
The President opened the public hearing.
Appellant’s representatives testified for the project.
Attorney for the “No Home Depot” community testified against the project.
Approximately fifteen speakers testified for the project and about 70 speakers testified
against the project.
The Commission recessed at 6:35 p.m. and reconvened at 7:00 p.m.
Council District representative testified against the project and supported the
Councilmember’s previous statements.
Both parties rebutted.
A representative from Building and Safety was called to answer questions of the
Commission.
The President closed the public hearing.
Commission deliberated. Lengthy discussion ensued regarding the specific
changes/remodeling of the place.
Motion: Grant the appeal; overturn the Zoning Administrator’s decision
dated March 9, 2007; adopt modified findings.
Moved: Lett
Seconded: Fortson
Ayes: Leyner
Nays: Corona, Sampson
Vote: 3-2
NORTH VALLEY AREA 3
PLANNING COMMISSION July 19, 2007
4. PUBLIC COMMENT PERIOD
None
There being no further business to come before the North Valley Area Planning Commission,
the meeting adjourned at 11:10 p.m.
___________________________________(Sgd.)
Victor Sampson, Vice President
__________________________________ (Sgd.)
Fely C. Pingol. Commission Executive Assistant
North Valley Area Planning Commission
Date Adopted: _______08/16/07______________
NORTH VALLEY AREA 4
PLANNING COMMISSION July 19, 2007
Agenda
Informacion en Español acerca de esta junta puede ser obtenida llamando al (213) 978-1300
NORTH VALLEY AREA PLANNING COMMISSION
THURSDAY, JULY 19, 2007, 4:30 P.M.
MOUNT GLEASON MIDDLE SCHOOL
10965 MT. GLEASON AVENUE
SUNLAND, CA 91040
***PLEASE NOTE CHANGE OF VENUE***
Victor Sampson, President
Dr. John Lett, Sr., Vice President
Richard L. Corona, Commissioner
Melrita Evans Fortson, Commissioner
J. Richard Leyner, Commissioner
Fely C. Pingol, Commission Executive Assistant
(213) 978-1300; FAX (213) 978-1029
EVERY PERSON WISHING TO ADDRESS THE COMMISSION MUST COMPLETE A SPEAKER’S
REQUEST FORM AT THE MEETING AND SUBMIT IT TO THE COMMISSION EXECUTIVE
ASSISTANT.
POLICY FOR DESIGNATED PUBLIC HEARING ITEM NO 3:
Pursuant to the Commission’s general operating procedures, the Commission at times must necessarily
limit the speaking times of those presenting testimony on either side of an issue that is designated as a
public hearing item. All requests to address the Commission on public hearing items must be submitted
prior to the Commission’s consideration of the item.
TIME SEGMENTS noted * herein are approximate. Some items may be delayed due to length of
discussion of previous items.
To ensure that the Commission has ample opportunity to review written materials, members of the
public who wish to submit written materials on agendized items should submit them to the
Commission Office, 200 North Spring Street, Room 532, Los Angeles, CA 90012, at least 10 days
prior to the meeting at which the item is to be heard in order to meet the mailing deadline.
The Commission may RECONSIDER and alter its action taken on items listed herein at any time during
this meeting or during the next regular meeting, in accordance with the Commission Policies and
Procedures and provided that the Commission retains jurisdiction over the case.
AGENDAS are posted for public review in the Main Street lobby of City Hall East, 200 No. Main Street,
Los Angeles, California, and are accessible through the Internet World Wide Web at
http://www.lacity.org/pln/index.htm.
If you challenge these agenda items in court, you may be limited to raising only those issues you or
someone else raised at the public hearing agendized here, or in written correspondence on these matters
delivered to this agency at or prior to the public hearing.
If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section
1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day
following the date on which the City's decision became final pursuant to California Code of Civil Procedure
Section 1094.6. There may be other time limits which also affect your ability to seek judicial review.
GLOSSARY OF ENVIRONMENTAL TERMS:
CEQA - Calif. Environmental Quality Act ND - Negative Declaration
EIR - Environmental Impact Report MND - Mitigated Negative Declaration
CE - Categorical Exemption
1. DEPARTMENTAL REPORT - ITEMS OF INTEREST
2. COMMISSION BUSINESS
A. Advance Calendar
B. Commission Requests
C. Minutes of May 03, 2007 and June 07, 2007 Meetings
3. DIR-2006-9072-BSA-1A
CEQA: Exempt ** Council District: 2
Plan: Sunland-Tujunga-Lake View Location: 8040 West Foothill Blvd.
Terrace-Shadow Hills-East La Expiration Date: 06/10/07
Tuna Canyon Appeal Status: Not further
appealable to City Council
Continued from 06/07/07
PUBLIC HEARING
AN APPEAL, from the Zoning Administrator’s decision, pursuant to the provisions of
Section 12.26-K of the Los Angeles Municipal Code, that: 1) the Department of Building
and Safety did err and abuse its discretion in its determination (Report No. DBS-06001-
DCP) that the construction work permitted by Building Permit No. 06016-10000-03354,
for the conversion of an existing K-Mart into a Home Depot, is not a “Project” or a
“Significant Project”, as defined in the Foothill Boulevard Corridor Specific Plan, and
therefore not subject to its regulation; 2) the action of the Department of Building and
Safety is herein reversed; 3) the construction activity is herein determined to be a
“Project” that shall be subject to Project Permit Compliance Review with the provisions
of the Foothill Boulevard Corridor Specific Plan, pursuant to Section 11.5.7-C of the Los
Angeles Municipal Code; and 4) the construction activity cannot conclusively be
determined to be a “Significant Project” until the Department of Building and Safety
provides further justification for calculation of replacement value and total renovation
costs..
PROTESTANT/APPLICANT: Abby Diamond, Sunland-Tujunga Alliance, Inc.
APPELLANT: Ann Jerhoff, Esq., Home Depot U.S.A., Inc.
Representative: Patricia Keane Tegart, Esq.,
Latham & Watkins, LLP
STAFF RECOMMENDS DENIAL OF APPEAL.
Michael LoGrande, (213) 978-1318
NORTH VALLEY AREA 2 July 19, 2007
PLANNING COMMISSION
4. PUBLIC COMMENT PERIOD
The Area Planning Commission shall provide an opportunity in open meetings for the
public to address it, on items of interest to the public that are within the subject matter
jurisdiction of the Area Planning Commission. (This requirement is in addition to any
other hearing required or imposed by law.) Persons making requests are encouraged
to do so in writing and should submit 10 copies to the Area Planning Commission for its
consideration.
Persons wishing to speak must submit a speaker’s request form prior to the
commencement of the public comment period.
Individual testimony within the public comment period shall be limited to five (5) minutes
per person and up to ten (10) minutes per subject.
The next regular meeting of the North Valley Area Planning Commission
will be held at 4:30 p.m. on Thursday, August 02, 2007
at the Marvin Braude Constituent Service Center
6262 Van Nuys Blvd., Van Nuys, CA 91401
An Equal Employment Opportunity/Affirmative Action employer
As a covered entity under Title II of the Americans with Disabilities Act, the City of Los
Angeles does not discriminate. The meeting facility and its parking are wheelchair
accessible. Sign language interpreters, assistive listening devices, or other auxiliary
aids and/or other services may be provided upon request. To ensure availability of
services, please make your request no later than three working days (72 hours) prior to
the meeting by calling the Commission Executive Assistant at (213) 978-1300.
NORTH VALLEY AREA 3
PLANNING COMMISSION July 19, 2007
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