Area Planning Commission

Informacion en Español acerca de esta junta puede ser obtenida llamando al (213) 978-1300 CENTRAL AREA PLANNING COMMISSION REGULAR MEETING TUESDAY, OCTOBER 28, 2014, 4:30 P.M. th CITY HALL, 10 FLOOR 200 NORTH SPRING STREET LOS ANGELES, CA 90012 Samantha Millman, President Daphne Brogdon, Vice President Kimberly Chemerinsky, Commissioner Jennifer Chung, Commissioner Bricia Lopez, Commissioner Rhonda Ketay, Commission Executive Assistant I (213) 978-1300 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(S): 3, 4, 5, 6, 7, and 8. 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 on 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 agenda items should submit them to the Commission office, 200 North Spring Street, Room 272, Los Angeles, CA 900152, at least 10 days prior to the meeting at which the item is to be heard in order to meet the mailing deadline. Note: Materials received after the mailing deadline will be placed in the official case file. Day of hearing submissions (10 copies must be provided) are limited to 2 pages plus accompanying photographs, posters, and PowerPoint presentations of 5 minutes or less. 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 N. Main Street, Los Angeles, California, and are accessible through the internet World Wide Web at http://www.planning.lacity.org. In the case of a Commission meeting cancellation, all items shall be continued to the next regular meeting date or beyond, as long as the continuance is within the legal time limits of the case or cases. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at this public hearing, 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 th 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90 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 – California Environmental Quality Act MND – Mitigated Negative Declaration CE – Categorical Exemption ND – Negative Declaration EIR – Environmental Impact Report 1. DIRECTOR'S REPORT A. Items of interest 2. COMMISSION BUSINESS A. Advanced Calendar B. Commission Requests C. Minutes of Meeting: October 14, 2014 3. ZA-2012-912-CUB-CUX-1A CEQA: ENV-2012-913-MND Plan: Central City Council District: 14 – Huizar Expiration Date: 10/28/14 extended Appeal Status: Not further appealable CONTINUED FROM JUNE 25, SEPTEMBER 24, AND DECEMBER 10, 2013, JUNE 10, AND SEPTEMBER 9, 2014 PUBLIC HEARING Location: 501 West 9TH Street, 843-861 South Grand Avenue Requested Action: An appeal of the Zoning Administrator’s decision to approve a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with live entertainment and patron dancing and the maintenance and operation of a health spa located in two sites within the basement with spa and massage treatment rooms in conjunction with the reopening of a 183 room hotel with a ground floor restaurant, a ground floor bar/lounge, the reuse of an existing theatre for live entertainment, banquets and dancing, a basement event center, a basement lounge, an outdoor garden bar, a rooftop bar and pool deck and in-room alcohol access cabinets in the [Q]R5-4D Zone. Consideration of Mitigated Negative Declaration ENV-2012-913-MND as the environmental clearance for this action. . APPLICANT: Embassy Partners, LLC Representative: Elizabeth Peterson, EPG, Inc. APPELLANT: Unite Here, Local 11 Representative: Rachel Torres Recommended Action: 1. Deny the appeal. 2. Sustain the Zoning Administrator’s decision to approve a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, with live entertainment and patron dancing and the maintenance and operation of a health spa located in two sites within the basement with spa and massage treatment Central Los Angeles Area 2 October 28, 2014 Planning Commission  rooms in conjunction with the reopening of a 183 room hotel with a ground floor restaurant, a ground floor bar/lounge, the reuse of an existing theatre for live entertainment, banquets and dancing, a basement event center, a basement lounge, an outdoor garden bar, a rooftop bar and pool deck and in-room alcohol access cabinets in the [Q]R5-4D Zone. 3. Adopt the Findings. 4. Adopt Mitigated Negative Declaration ENV-2012-913-MND as the environmental clearance for this action. Staff: Charles Rausch (213) 978-1318 4. ZA-2012-520-CUB-CUX-1A CEQA: ENV-2012-521-MND Plan: Central City Council District: 14 – Huizar Expiration Date: 10/28/14 extended Appeal Status: Not further appealable CONTINUED FROM JULY 23, SEPTEMBER 24, AND DECEMBER 10, 2013, JUNE 10, AND SEPTEMBER 9, 2014 PUBLIC HEARING Location: 418-434 South Hill Street Requested Action: An appeal of the Zoning Administrator’s decision to approve a Conditional use, pursuant to Sections 12.24-W,1; 12.24-W,18(a); and 12.24-W,18(c), to permit: the sale and dispensing of a full line of alcoholic beverages in three restaurants, a banquet center, a lobby bar and in in-room mini-bars in the renovated Hotel Clark; public dancing within the hotel banquet center and on the outdoor second level pool deck; and the maintenance and operation of a health spa with massage treatment rooms within the Hotel. Consideration of Mitigated Negative Declaration No. ENV-2012-521-MND as the environmental clearance for this action. APPLICANT: Clark Street Realty Associates, LLC Representative: Elizabeth Peterson Group, Inc. APPELLANT: Unite Here Local 11 Representative: Melanie Luthern Recommended Action: 1. Deny the appeal. 2. Sustain the Zoning Administrator’s decision to approve, pursuant to the provisions of Section 12.24-W,1; Section 12.24-W, 18(a); and 12.24-W,18(c) of the Los Angeles Municipal Code, a Conditional Use to permit: the sale and dispensing of a full line of alcoholic beverages in three restaurants, a banquet center, a lobby bar and in-room mini-bars, public dancing in the hotel banquet room and the pool deck dance floor and the maintenance and operation of a spa with massage treatment rooms in the Hotel Clark. Central Los Angeles Area 3 October 28, 2014 Planning Commission  3. Adopt the Findings. 4. Adopt Mitigated Negative Declaration ENV-2012-521-MND as the environmental clearance for this action. Staff: Charles Rausch Jr. (213) 978-1318 5. ZA-2009-1877-CUB-PA1-1A CEQA: ENV-2012-3396-CE Plan: Wilshire Council District: 5 - Koretz Expiration Date: 11/25/14 extended Appeal Status: Not further appealable PUBLIC HEARING Location: 8252-8256 Beverly Boulevard Requested Action: An appeal of the Zoning Administrator’s Determination, pursuant to Los Angeles Municipal Code Section 12.24-M, and as required by Condition No. 8 of Case No. ZA 2009- 1877(CUB)-1A, that substantial compliance with the conditions of the prior action by the Central Area Planning Commission under Case No. ZA 2009-1877(CUB)-1A dated October 4, 2010 has not been attained in association with the sale of alcoholic beverages for on-site consumption in an existing 3,829 square-foot restaurant, and the decision to: deny modification of Condition No. 9.c to expand the hours of operation from 11 a.m. to 10:30 p.m. Fridays and Saturdays to 11 a.m. to 11:30 p.m. Fridays and Saturdays; delete Condition No. 12.b pertaining to providing a minimum of 37 on-site or within 750 feet for the exclusive use of the subject restaurant during hours of operation; delete Condition No. 12.c prohibiting stacked or tandem parking in the lot(s) behind the subject building; delete Condition No. 13.e regarding the grant term for a period of five years expiring on October 4, 2015; delete Condition No. 14.c requiring a covenant and agreement for the 37 required parking spaces to be available exclusively for the use of the subject restaurant during its operating hours; to delete Condition No. 16.b requiring valet service at no charge, and the Zoning Administrator’s decision to adopt the recommendation of the Lead Agency by adopting ENV- 2012-3396-CE as the environmental clearance for this action. APPLICANT: Bao Dim Sum House, Jian Hospitality Kitchen, Inc. APPELLANT: Same as Applicant Representative: Nathan Freeman, FMG Recommended Action: 1. Deny the appeal. 2. Sustain the action of the Zoning Administrator’s Determination, pursuant to Los Angeles Municipal Code Section 12.24-M, and as required by Condition No. 8 of Case No. ZA 2009-1877-CUB-1A, that substantial compliance with the conditions of the prior action by the Central Area Planning Commission under Case No. ZA 2009-1877-CUB- 1A dated October 4, 2010 HAS NOT been attained in association with the sale of alcoholic beverages for on-site consumption in an existing 3,829 square-foot restaurant, and the decision to: DENY modification of existing Condition No. 9.c to expand the hours of operation from 11 a.m. to 10:30 p.m. Fridays and Saturdays to 11 a.m. to 11:30 p.m. Fridays and Saturdays; delete Condition No. 12.b pertaining to Central Los Angeles Area 4 October 28, 2014 Planning Commission  providing a minimum of 37 on-site or within 750 feet for the exclusive use of the subject restaurant during hours of operation; delete Condition No. 12.c prohibiting stacked or tandem parking in the lot(s) behind the subject building; delete Condition No. 13.e pertaining to a grant of five years expiring on October 4, 2015; delete Condition No. 14.c requiring a covenant and agreement for the 37 required parking spaces to be available exclusively for the use of the subject restaurant during its operating hours, and; delete Condition No. 16.b requiring valet service at no charge. 3. Adopt the Findings. 4. Adopt Categorical Exemption ENV-2012-3396-CE as the environmental clearance for this action. Staff: Sue Chang (213) 978-1318 6. ZA-2011-2939-ZAD-ZAA-1A CEQA: ENV-2011-2940-MND Plan: Hollywood Council District: 4 - LaBonge Expiration Date: 11/9/14 Appeal Status: Not further appealable PUBLIC HEARING Location: 6443 and 6459 Innsdale Drive Requested Action: An appeal of the Zoning Administrator’s decision, pursuant to Section 12.24-X,26 of the Los Angeles Municipal Code, to Deny In Part a Zoning Administrator’s Determination from Section 12.21-C,8(a) of the Municipal Code to permit a retaining wall (Wall E) varying in height from1 to 12 feet and a portion of retaining wall (Wall A) varying in height from 2 to 12 feet along that portion of the property’s access road which accesses the tennis court to the north of the residence; pursuant to Los Angeles Municipal Code Section 12.24-X,28(a)(5)(i), to Deny a Zoning Administrator’s Determination to permit a maximum of 79,700 cubic yards of cut and fill grading in lieu of the maximum of 3,300 cubic yards of grading in the RE40 Zone permitted by Section 12.21-C,10(f)(1); and, pursuant to Los Angeles Municipal Code Section 12.24-X,26, to Approve In Part a Zoning Administrator’s Determination from Section 12.21-C,8(a) to permit three retaining walls (a portion of Wall A on the main access road to the proposed residence, Wall B and Wall D in lieu of the maximum of two permitted by Section 12.21-C,8(a) of the Municipal Code with a varying height of from 2 to 12 feet in lieu of the 10-foot maximum, and adopt the action of the lead agency in issuing Mitigated Negative Declaration ENV-2011-2940-MND as the environmental clearance for the action. (The Zoning Administrator also approved the following which were not appealed: A Zoning Administrator’s decision, pursuant to Los Angeles Municipal Code Section 12.24- X,28(a)(7)(i), to Approve in Part a Zoning Administrator’s Determination to permit the construction, use and maintenance of a single-family home and any accessory building and accessory use with the exception of any “wine caves” which may be built within the 3,300 cubic yard maximum grading envelope of the RE40 zoned lot on a lot which does not have a minimum 20-foot wide continuous paved roadway from the driveway apron that provides access to the main structure to the boundary of the hillside area and the waiver of public right-of-way improvements required by Section 12.21-C10(i)(2) of the LAMC, and pursuant to Los Angeles Municipal Code Section 12.28, to Approve a Zoning Administrator’s Adjustment from Section 12.21-C,1(g) of the Code to allow two retaining walls up to 12 feet in height Central Los Angeles Area 5 October 28, 2014 Planning Commission  within the front and side yard setback of both 8459 and 8443 Innsdale Road, in lieu of the maximum 3-1/2 feet in the front and 6 feet along the side otherwise permitted; all on property located within the RE15-1-H and RE40-1-H Zones.) APPLICANT: Ken York Representative: Ellia Thompson, California Land Use Professionals, LLP APPELLANT: Same Recommended Action: 1. Deny the appeal. 2. Sustain the decision of the Zoning Administrator. 3. Adopt the Findings. 4. Adopt Mitigated Negative Declaration ENV-2011-2940-MND as the environmental clearance for the project. Staff: Charlie Rausch (213) 978-1318 7. VTT-72496-1A CEQA: ENV-2013-3336-MND Plan: Wilshire Council District: 4 - LaBonge Expiration Date: 10/28/14 extended Appeal Status: Further appealable to City Council PUBLIC HEARING Location: 938 South Orange Grove Avenue Proposed Project: Vesting Tentative Tract Map No. 72496 to permit a one-lot subdivision for the construction of a 15-unit residential condominium with 37 parking spaces on a 0.24 net acre (10,661 square-foot) site in the R3-1-O Zone. Also, environmental case, ENV- 2013-3336-MND shall be considered as the environmental clearance. Requested Action: An appeal from the entire decision by the Advisory Agency in approving VTT-72496. APPLICANT: Babak Nehoray APPELLANT: Gina Adelman Recommended Action: 1. Deny the appeal. 2. Sustain the actions of the Deputy Advisory Agency in approving VTT-72946. 3. Adopt the Findings. 4. Adopt Mitigation Negative Declaration ENV-2013-3336-MND as the environmental clearance for this action. Staff: Kevin Golden (213) 978-1396 Central Los Angeles Area 6 October 28, 2014 Planning Commission 8. VTT-72899-SL-1A CEQA: ENV-2014-1464-MND Plan: Hollywood Council District: 13 – Mitch O’Farrell Expiration Date: 11/8/14 Appeal Status: Further appealable to City Council PUBLIC HEARING Location: 1146-1152 North Beachwood Drive Proposed Project: The proposed project involves a Small Lot Subdivision for the development of 12 small lot single-family dwellings. Requested Action: An appeal, pursuant to Los Angeles Municipal Code Section 17.06, of the entire decision of the Advisory Agency’s approval of Vesting Tentative Tract Map No. 72899-SL for a maximum of 12 small lots and the construction, use, and maintenance of 12 small lot single-family dwellings. APPLICANT: Raffi Shirinian, OPS Beachwood, LLC Representative: Steve Nazemi - DHS & Associates, Inc. APPELLANT: John Coluccio Recommended Action: 1. Deny the appeal. 2. Sustain the decision of the Deputy Advisory Agency in approving Vesting Tentative Tract Map No. 72899-SL. 3. Adopt Mitigated Negative Declaration No. ENV-2014-1464-MND as the environmental clearance for this action. 4. Adopt the Findings. 5. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring. 6. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. Staff: Heather Bleemers (213) 978-0092 9. 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. Central Los Angeles Area 7 October 28, 2014 Planning Commission  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 meeting regularly scheduled for Tuesday, November 11, 2014 will be canceled in observance of Veterans Day. The next regular meeting of the Central, Area Planning Commission will be held at 4:30 p.m. on Tuesday, November 25, 2014 at City Hall 200 North Spring Street, 10th Floor Los Angeles, California 90012 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 or by e-mail at APCCentral@lacity.org. Central Los Angeles Area 8 October 28, 2014 Planning Commission