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Area Planning Commission

Regular Meeting

Los Angeles, CA · August 2, 2007

AgendaMinutes

Minutes

OFFICIAL CITY OF LOS ANGELES North Valley Area Planning Commission Minutes Thursday, August 02, 2007 Marvin Braude Constituent Service Center 6262 Van Nuys Boulevard, First Floor Meeting 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 4:39 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 Staff reported that effective November all Planning functions will be available in the Valley Office. 2. COMMISSION BUSINESS A. Advance Calendar Commissioner Fortson indicated she will not be able to attend the November meetings. B. Commission Requests None 3. DIR-2007-0851-BSA-1A CEQA: ENV-2007-0852-CE Council District: 2 Plan: Sunland-Tujunga-Lake View- Location: 6511 West Foothill Blvd. Terrance-Shadow Hills-East La Expiration Date: 09/10/07 La Tuna Canyon Appeal Status: Not further appealable to City Council PUBLIC HEARING AN APPEAL, from the Zoning Administrator’s denial, pursuant to Section 12.26-K of the Los Angeles Municipal Code, of: 1) an appeal of the determination of the Department of Building and Safety in its March 28, 2006 Order to Comply and its the February 7, 2007 Determination (DBS-06006-DCP) that the current operating retail/automotive repair use in the C2 Zone located within 300 feet of a residential zone does not conform to the Zoning Code regulations in that the prior nonconforming automotive repair use was vacated for a period in excess of one year; and 2) the Zoning Administrator’s determination that the Department of Building and Safety did not err or abuse its discretion. APPLICANT: Joseph Seitz, Jr. Discount Tire Centers APPELLANT: Joseph Seitz, Jr. Discount Tire Centers STAFF RECOMMENDED DENIAL OF APPEAL. R. Nicolas Brown (818) 374-5069 Staff presented the case and answered questions of the Commission. The President opened the public hearing. Applicant/appellant testified for the Project/appeal. Two speakers, including a representative from the Neighborhood Council testified against the proposal with some suggested conditions. One speaker testified in support of the Project. Council District representative testified the Project requires discretionary Conditional Use process. The President closed the public hearing. Commission deliberated. NORTH VALLEY AREA 2 PLANNING COMMISSION August 02, 2007 Motion: Grant the appeal in part in that the Zoning Administrador erred by not clarifying the basis of the appeal on the Department of Building and Safety’s action was found in Section 12.23-B, 1(d) (Nonconforming Use of Buildings) of the Los Angeles Municipal Code. Also, the term “vacant” in Section 12.23-B., 11(d) was interpreted to mean “discontinued for a continuous period”. Further, the Area Planning Commission agrees with the Zoning Administrador’s conclusión that the charácter and mode of the operation substantially changed when Interstate Brands utilized the premises for an aproxímate six year period. Whereby, subsequent use by Discount Tire Centers intensified the automotive repair from Interstate’s accessory/incidental service and maintenance of its own vehicles to be a commercial automotive repair operation open to the public. Therefore, this was a change of use triggering compliance with the Municipal Code and Specific Plan. Moved: Fortson Seconded: Lett Ayes: Corona, Leyner, Sampson Vote: 5-0 4. ZA-2006-6728-CUB-1A CEQA: ENV-2005-6729-MND Council District: 2 Plan: Sunland-Tujunga-Lake View Location: 7101-7111 West Foothill Blvd. Terrace-Shadow Hills-East La Expirations Date: 06/17/07 ext. Tuna Canyon Appeal Status: Not further appealable to City Council PUBLIC HEARING AN APPEAL, from the Zoning Administrator’s denial, pursuant to Los Angeles Municipal Code Section 12.24-W,1, of a Conditional Use to permit the sale and dispensing of beer and wine only for off-site consumption from an existing 1,120 square-foot mini-market, in conjunction with a gas station, with said mini-market having hours of operation from 8 a.m. to 12 Midnight, seven days a week. APPLICANT: Mkrtich Mike Akopyan Jonathan Pae, Representative APPELLANT: Mkrtich Mike Akopyan Jonathan Pae, Representative NORTH VALLEY AREA 3 PLANNING COMMISSION August 02, 2007 STAFF RECOMMENDED DENIAL OF APPEAL. Gary Booher (213) 978-1308 Staff presented the case and answered questions of the Commission. The President opened the public hearing. Applicant’s representative testified and answered questions of the Commission. Commission suggested to continue the matter to give the applicant the opportunity to meet and discuss the case with the community, Neighborhood Council, and the Council District Office. Council District and the Neighborhood Council representatives opted not to continue the matter. Commission Fortson made a motion to continue the matter as requested by the Applicant representative. No one seconded. Public hearing continued. Council District representative testified against the proposal. The President closed the public hearing. Motion: Deny the appeal, sustain the action of the Zoning Administrator’s denial, pursuant to Los Angeles Municipal Code Section 12.24-W,1, of a Conditional Use to permit the sale and dispensing of beer and wine only for off-site consumption from an existing 1,120 square-foot mini-market, in conjunction with a gas station, with said mini-market having hours of operation from 8 a.m. to 12 Midnight, seven days a week; adopt findings; and did not adopt ENV-2006-6729-MND, Moved: Leyner Seconded: Corona Ayes: Lett, Sampson Nays: Fortson Vote: 4-1 5. PUBLIC COMMENT PERIOD None NORTH VALLEY AREA 4 PLANNING COMMISSION August 02, 2007 There being no further business to come before the North Valley Area Planning Commission, the meeting adjourned at 6:35 p.m. _______________________________________(Sgd.) Victor Sampson, President _______________________________________(Sgd.) Fely C. Pingol. Commission Executive Assistant North Valley Area Planning Commission Date Adopted: ______September 20, 2007_____ NORTH VALLEY AREA 5 PLANNING COMMISSION August 02, 2007

Agenda

Informacion en Español acerca de esta junta puede ser obtenida llamando al (213) 978-1300 NORTH VALLEY AREA PLANNING COMMISSION THURSDAY, AUGUST 02, 2007, 4:30 P.M. MARVIN BRAUDE CONSTITUENT SERVICE CENTER 6262 VAN NUYS BOULEVARD, FIRST FLOOR VAN NUYS, CA 91401 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 NOS. 3 AND 4: 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 3. DIR-2007-0851-BSA-1A CEQA: ENV-2007-0852-CE Council District: 2 Plan: Sunland-Tujunga-Lake View- Location: 6511 West Foothill Blvd. Terrance-Shadow Hills-East La Expiration Date: 09/10/07 La Tuna Canyon Appeal Status: Not further appealable to City Council PUBLIC HEARING AN APPEAL, from the Zoning Administrator’s denial, pursuant to Section 12.26-K of the Los Angeles Municipal Code, of: 1) an appeal of the determination of the Department of Building and Safety in its March 28, 2006 Order to Comply and its the February 7, 2007 Determination (DBS-06006-DCP) that the current operating retail/automotive repair use in the C2 Zone located within 300 feet of a residential zone does not conform to the Zoning Code regulations in that the prior nonconforming automotive repair use was vacated for a period in excess of one year; and 2) the Zoning Administrator’s determination that the Department of Building and Safety did not err or abuse its discretion. APPLICANT: Joseph Seitz, Jr. Discount Tire Centers APPELLANT: Joseph Seitz, Jr. Discount Tire Centers STAFF RECOMMENDS DENIAL OF APPEAL. R. Nicolas Brown (818) 374-5069 NORTH VALLEY AREA 2 August 02, 2007 PLANNING COMMISSION 4. ZA-2006-6728-CUB-1A CEQA: ENV-2005-6729-MND Council District: 2 Plan: Sunland-Tujunga-Lake View Location: 7101-7111 West Foothill Terrace-Shadow Hills-East La Boulevard Tuna Canyon Expiration Date: 06/17/07 ext. Appeal Status: Not further appealable to City Council PUBLIC HEARING AN APPEAL, from the Zoning Administrator’s denial, pursuant to Los Angeles Municipal Code Section 12.24-W,1, of a Conditional Use to permit the sale and dispensing of beer and wine only for off-site consumption from an existing 1,120 square-foot mini-market, in conjunction with a gas station, with said mini-market having hours of operation from 8 a.m. to 12 Midnight, seven days a week. APPLICANT: Mkrtich Mike Akopyan Jonathan Pae, Representative APPELLANT: Mkrtich Mike Akopyan Jonathan Pae, Representative STAFF RECOMMENDS DENIAL OF APPEAL. Gary Booher (213) 978-1308 5. 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 16, 2007 at the Marvin Braude Constituent Service Center 6262 Van Nuys Blvd., Van Nuys, CA 91401 An Equal Employment Opportunity/Affirmative Action employer NORTH VALLEY AREA 3 PLANNING COMMISSION August 02, 2007 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 4 PLANNING COMMISSION August 02, 2007

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