Area Planning Commission

OFFICIAL MINUTES CITY OF LOS ANGELES Central Los Angeles Area Planning Commission Regular Meeting Tuesday, March 8, 2016 200 North Spring Street, City Hall Los Angeles , California 90012 MINUTES OF THE CENTRAL LOS ANGELES AREA PLANNING COMMISSION HEREIN ARE REPORTED IN ACTION FORMAT. COMPLETE DETAILS, INCLUDING THE DISCUSSION, RELATING TO EACH ITEM ARE CONTAINED IN THE HEARING RECORDINGS FOR THIS MEETING. COPIES OF COMPACT DISCS RECORDINGS ARE AVAILABLE BY CONTACTING CENTRAL PUBLICATIONS, AT (213) 978-1255 AND ARE ALSO ACCESSIBLE THROUGH THE WORLD WIDE WEB AT www.planning.lacity.org. The meeting was called to order by Commission President Kimberly Chemerinsky at 4:44p.m. Comm issioners present: Jennifer Chung-Kim , and Christina Oh Commissioners absent: Daphne Brogdon, and Bricia Lopez 1. DEPARTMENTALREPORT Patricia Diefenderfer, Senior City Planner, did not have a departmental report to present, but she introduced Blake Lamb, as the new Senior City Planner, who will be a great asset to the Central Area Planning team . 2. COMMISSION BUSINESS A. Advanced Calendar No changes to the advance calendar. B. Commission Requests No commission requests were presented. One speaker spoke under commission request. C. Approval of the Minutes- February 9, 2016 Motion: To approve the February 9, 2016, minutes: Moved: Chung-Kim Seconded: Oh Ayes: Chemerinsky Absent: Brogdon, and Lopez Vote: 3-0  The following agenda items, No. 5, and No. 6, were called out of order by Commission President Chemerinsky. Item No. 5, case no. ZA-2015-2656-CUB-1A, was heard first. 5. ZA-2015-2656-CUB-1 A CEQA: ENV-2015-2657-CE Expiration Date: March 24, 2016 Community Plan: Wilshire Appeal Status: Not Further Appealable Council District: 10 -Wesson PUBLIC HEARING- CONTINUED FROM FEBRUARY 23, 2016 Location: 601-605 South Western Avenue (601 -605 South Western Avenue and 3950 , 3956- 3962 West 6th Street) Requested Action: An appeal of the Zoning Administrator's decision , pursuant to Los Angeles Municipal Code 12.24- W , 1, to approve a Conditional Use permit for the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with a restaurant in the C2-2 Zone, and to affirm the Categorical Exemption ENV-2015-2657 -CE as the environmental action of the project. APPLICANT: 6th Street Partners, LLC Representative: Michael Gonzales, Gonzales Law Group APPELLANT: Robert Kim , 6th Street Partners, LLC (Same as Applicant) Recommended Action: 1. Ad opt the Find ings of the Zo ning Admi nistrator. 2. Deny the appeal. 3. Sustain the action of the Zoning Administrator's decision to approve a Conditional Use permit for the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with a restaurant in the C2-2 Zone. 4. Affirm the Categorical Exemption No. ENV-2015-2657-CE as the environmental action for the project. Staff: Fernando Tovar (213) 978-1303 Discussion: Fernando Tovar, Zone Adm inistrator, presented a brief synopsis of his case involving the Conditional Use of Beverage. He gave an outline of the public zone hearing and the location site. The Zone Administrator reported on the various noise test taken for the live entertainment, and he incorporated the Los Angeles Police Department (L.A. P.O.) views of the condition in his report. The commissioners asked questions regarding his report . The appellant was given (5) five minutes to express views for the appeal, which was against the Zoning Administrator findings and LAPD conditions . The spokesman for Council District 10, Jordon Beroukhim , was in support of the appeal. Several members of the community spoke for one minute each in favor of the appeal. General comment period was open , and one person spoke. The commission closed the public comment period. Rebuttal time was given to the appellant for (2) two minutes. The commission recalled the Zoning Administrator to clarify a few questions. The commission deliberated and formed a motion. Central Area Plan ning 2 March 8, 20 16 Comm ission  Motion: 1. Adopt the modified Findings of the Zoning Administrator from evidence heard during discussion and testimony from those who were not present at the Zone Hearing. 2. Grant the appeal with modification to conditions No. 6c, 6d, 6e and No.7. 3. Sustain the action of the Zoning Administrator's decision to approve a Conditional Use permit for the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with a restaurant in the C2-2 Zone. 4. Affirm the Categorical Exemption No. ENV-2015-2657-CE as the environmental action for the project. Moved: Oh Seconded:Chemerinsky Ayes: Chung-Kim Absent: Brogdon, and Lopez Vote: 3-0 Commission President called for the applicant for Item No.6, ZA-2015-2632-CUB-1A, who was seeking a request for a continuance . Following the applicant's explanation for a continuance, the commission did not move to grant the request. Therefore, the request was denied and the commission meeting went back to the established agenda, and called the next item. 3. ZA-2014-3237 -CU-SPP-1A March 8, 2016 CEQA: ENV-2014-3238-CE Expiration Date: February 23, 2016 Community Plan: Hollywood Appeal Status: Not Further Appealable Council District: 4 - Ryu PUBLIC HEARING- CONTINUED FROM FEBRUARY 23, 2016 Location: 4511 West Russell Avenue Requested Action: An appeal of the Zoning Administrator's decision to deny, pursuant to Los Angeles Municipal Code (LAMC) Section 12.24-W, 37, a Conditional Use request to allow public parking in the R2- 1XL Zone; and to deny, pursuant to LAMC Section 11.5.7, a Project Permit Compliance Review to allow the demolition of two existing Single-Family dwellings and its subsequent utilization as 14 parking spaces in Sub-Area A of the Vermont/Western Station Neighborhood Area Plan; and to not adopt Categorical Exemption ENV-2014-3238-CE, as the environmental clearance for the project. APPLICANT: Gohar Afifi Representative: James J. Crisp APPELLANT: Same as Applicant Central Area Planning 3 March 8, 2016 Commission Recommended Action: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the actions of the Zoning Administrator's decision to Deny: a. Conditional Use request to allow public parking in the R2-1XL Zone, and b. Project Permit Compliance Review to allow the demolition of two existing Single-Family dwellings and its subsequent utilization as 14 parking spaces in Sub-Area A of the Vermont/Western Station Neighborhood Area Plan; 4. Do Not Adopt Categorical Exemption ENV-2014-3238-CE, as the environmental clearance for the project. Staff: Theodore Irving (213) 978-1366 Discussion: Senior City Planner, Theodore Irving, recapped the case involving the Conditional Use, and Project Permit Compliance to the commission. The appellant's viewpoints were reflected in his report along with the City's Municipal Codes to support the planner's findings. The Commission gave the applicant (5) five minutes to speak. The applicant referred to her attorney's statements that was presented to the commission. The commission gave one minute to each person who was against the appeal. The Commission opened public comment period, and two persons spoke. Council District 4 representative, Renee Weitzer, spoke against the appeal. Commission closed the public comment period. Rebuttal time was given to applicant, but she was not present to make a statement. The commission deliberated and formed a motion. Motion: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the actions of the Zoning Administrator's decision to Deny: a. Conditional Use request to allow public parking in the R2-1XL Zone, and b. Project Permit Compliance Review to allow the demolition of two existing Single-Family dwellings and its subsequent utilization as 14 parking spaces in Sub-Area A of the Vermont/Western Station Neighborhood Area Plan. 4. Do Not Adopt Categorical Exemption ENV-2014-3238-CE, as the environmental clearance for the project. Moved: Chung-Kim Seconded: Oh Ayes: Chemerinsky Absent: Brogdon, and Lopez Vote: 3-0 The Commission took a brief recess at 6:40p.m ., and the commission reconvened the meeting at 6:46p.m. The Commission President called Item No.7, ZA-2015-1988-ZV-1A, out of order. The Commission President called for the applicant to speak who was seeking a continuance. Central Area Planning 4 March 8, 2016 Commission 7. ZA-2015-1988-ZV-1 A CEQA: ENV-2015-1989-CE Expiration Date: April12, 2016 Community Plan: Hollywood Appeal Status: Further Appealable to Council District: 13- O'Farrell City Council, if approved PUBLIC HEARING Location: 5265-67 West Fountain Avenue Requested Action: An appeal of the Zoning Administrator's decision, pursuant to section 12.27 of the Los Angeles Municipal Code, an approval of a Zone Variance from Section 12.10 of the Los Angeles Municipal Code to permit interior alterations to and the continued use of an existing, 7,114 square-foot commercial office building as otherwise prohibited in the R3-1 Zone; and approve the action of the Lead Agency in adopting the Categorical Exemption ENV-20 15-1989-CE for this project. APPLICANT: This is Just a Test Productions Representative : Brett Engstrom, Engstrom Planning & Licensing APPELLANT: Doug Haines, The La Mirada Ave, Neighborhood Association Recommended Action: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the action of the Zoning Administrator's decision to approve a Zone Variance from Section 12.10 of the Los Angeles Municipal Code to permit interior alterations to and the continued use of an existing, 7,114 square-foot commercial office building as otherwise prohibited in the R3-1 Zone; and 2), 4. Adopt the action of the Lead Agency in adopting the Categorical Exemption ENV-2015- 1989-CE for this project. Staff: Oliver Neburn (213) 978-1382 Following the applicant's explanation for a continuance, the commission made a motion. Motion: To grant a continuance for case no. ZA-2015-1988-ZV-1A to April 12, 2016, that was agreeable between both appellant, and applicant. Moved: Chemerinsky Seconded: Oh Ayes: Chung-Kim Absent: Brogdon, and Lopez Vote: 3-0 The commission meeting went back to the established agenda, and called the next item. Central Area Planning 5 March 8, 2016 Commission 4. ZA-2015-2683-CU-ZV-ZAA-1 A CEQA: ENV-2015-2684-MND Expiration Date: March 20, 2016 Community Plan: Hollywood Appeal Status: Conditional Use - Not Council District: 13- O'Farrell Further Appealable; Zone Variance - Further Appealable if approved PUBLIC HEARING- CONTINUED FROM FEBRUARY 23, 2016 Location: 1850 North Cherokee Avenue Requested Action: An appeal of the Zoning Administrator's decision, pursuant to Los Angeles Municipal Code (LAMC) Section 12.24-W,24, to approve a Conditional Use authorizing a hotel use in the [Q]R4- 2 Zone; pursuant to LAMC Section 12.27, to approve a Zone Variance to permit off-site parking to be located 925 feet from the use it serves; pursuant to LAMC Section 12.28, to approve a Zoning Administrator's Adjustment to permit a 9-foot, 5-inch rear yard in lieu of 15 feet for the existing non-conforming building located in the [Q]R4-2 Zone; to adopt Mitigated Negative Declaration No. ENV-2015-2684-MND as the environmental clearance for the project; and to adopt the Mitigation Monitoring Program for ENV-2015-2684-MND. APPLICANT: David Lesser, Millennium Settlement Consulting Representative: Dana Sayles, Three6ixty APPELLANT: Sylvie Shain Recommended Action: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the action of the Zoning Administrator's decision to Approve: a. Conditional Use authorizing a hotel use in the [Q]R4-2 Zone; b. Zone Variance to permit off-site parking to be located 925 feet from the use it serves; c. Zoning Administrator's Adjustment to permit a 9-foot, 5-inch rear yard in lieu of 15 feet for the existing non-conforming building located in the [Q]R4-2 Zone; 4. Adopt Mitigated Negative Declaration No. ENV-2015-2684-MND as the environmental clearance for the project; 5. Adopt the Mitigation Monitoring Program for ENV-2015-2684-MND. Staff: Jenna Monterossa (213) 978-1337 Discussion: Jenna Monterossa, Planning Staff, announced a correction on the original Zoning Administrator determination letter of the Los Angeles Municipal Code (LAMC) Section 16.05 to be changed to LAMC Section 12.28. The planning staff gave her report regarding conditional use for a hotel. The commission allowed (8) eight minutes for the appellant and applicant to speak. Several constituent were given one minute for their argument for the appeal. General public comment period was opened, and one person spoke. Rebuttal time of (3) three minutes was given to the appellant, and applicant. The commission closed the public comment period, and started to deliberate to form a motion. Central Area Planning 6 March 8, 2016 Commission  Motion: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the action of the Zoning Administrator's decision to Approve: a. Conditional Use authorizing a hotel use in the [Q]R4-2 Zone by deleting the address in conditions no. 8. b. Zone Variance to permit off-site parking to be located 925 feet from the use it serves. c. Zoning Administrator's Adjustment to permit a 9-foot, 5-inch rear yard in lieu of 15 feet for the existing non-conforming building located in the [Q]R4-2 Zone by correcting the Los Angeles Municipal Code section. 4. Adopt Mitigated Negative Declaration No. ENV-2015-2684-MND as the environmental clearance for the project; 5. Adopt the Mitigation Monitoring Program for ENV-2015-2684-MND. Moved: Chemerinsky Seconded: Oh Nayes: Chung-Kim Absent: Brogdon, and Lopez Vote: 2 - 1 (Failure to Act) The Commission could not come to an agreeable decision. Therefore, the Zoning Administrator's decision is upheld . The Commission took a seconded recess at 8:40p.m., and reconvened at 8:46p.m. 6. ZA-2015-2632-CUB-1A CEQA: ENV-2015-2633-MND Expiration Date: April 24, 2016 Community Plan: Hollywood Appeal Status: Not Further Appealable Council District: 13- O'Farrell PUBLIC HEARING Location: 5419 West Sunset Boulevard Requested Action: An appeal of the Zoning Administrator's decision, pursuant to the provisions of Los Angeles Municipal Code Section 12.24-W, 1, to deny ZA-2015-2632-CUB, a Conditional Use to permit the sale and dispensing of beer and wine for on-site consumption in conjunction with an existing 34,177 square foot adult trade comedy school in the C2-1 Zone, and adopt the action of the Lead Agency in adopting the Mitigated Negative Declaration No. ENV-2015-2633-MND for the project. APPLICANT: Susan Hale, 5419 Sunset Properties LLC Representative: Leslie Lombard, Urban Concepts APPELLANT Same Central Area Planning 7 March 8, 2016 Commission Recommended Action: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the actions of the Zoning Administrator's decision to Deny Conditional Use to permit the sale and dispensing of beer and wine for on-site consumption in conjunction with an existing 34,177 square foot adult trade comedy school in the C2-1 Zone. 4. Adopt the action of the Lead Agency in adopting the Mitigated Negative Declaration No. ENV-2015-2684-MND for the project; Staff: Peg Malone-Brown (213) 978-1172 Discussion: Planning Staff, Peg Malone-Brown, presented case with a brief review of the conditional use for beverage. The commission gave both the appellant and the applicant (5) five minutes to speak. The commission asked detail questions to the appellant. Those who spoke for the appeal and against the appeal were given (1) one minute each to express their concerns and views. General comments were open. The council representative for Council District 13, Chris Robinson, spoke offering a compromise to the conditional use of beverage. Rebuttal time of (3) three minutes was given to the applicant and the appellant. The commission closed the public comment period. Following deliberation, the commission made a motion. Motion: 1. Adopt the modified Findings of the Zoning Administrator. 2. Grant the appeal. 3. Overturn the actions of the Zoning Administrator's decision to Grant Conditional Use to permit the sale and dispensing of beer and wine for on-site consumption in conjunction with an existing 34,177 square foot adult trade comedy school in the C2-1 Zone, as modified 4. Adopt the action of the Lead Agency in the Mitigated Negative Declaration No. ENV-2015- 2684-MND for the project; Moved: Chemerinsky Seconded: Chung-Kim Ayes: Oh Absent: Brogdon, and Lopez Vote: 3-0 PUBLIC COMMENT PERIOD There were several speakers who spoke during the public comment period. A representative for Children's Hospital, regarding case no. DIR-2015-1350-SPP-SPPA-1A, asked the commission for the case to be reconsidered. Several speakers spoke during the public comment period in favor of the reconsideration. A representative from Council District 13, Chris Robinson, spoke in support of reconsideration. The commission asked detail questions in regards to the reconsideration, and a motion was made. Central Area Planning 8 March 8, 2016 Commission  Motion: To grant the reconsideration for case no. DIR-2015-1350-SPP-SPPA-1A, from February 9, 2016. Moved: Chung-Kim Seconded: Oh Ayes: Chemerinsky Absent: Brogdon, and Lopez Vote: 3-0 There being no further business to come before the Central Area Planning Commission, the meeting adjourned at 10:32p.m. ident ~is ion Executive Assistant I Central Los Angeles Area Planning Commission ADOPTED CITY OF LOS ANGELES APR 12 2016 CITY PLANNING DEPARTMENT COMMISSION OFFfCE Central Area Planning 9 March 8, 2016 Commission