Muyni
← Back to Los Angeles

Area Planning Commission

Regular Meeting

Los Angeles, CA · July 19, 2007

AgendaMinutes

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

Get email alerts for Los Angeles

A daily email when new agendas and minutes are posted.

Report an issue with this meeting