Area Planning Commission

OFFICIAL CITY OF LOS ANGELES East Los Angeles Area Planning Commission Minutes Wednesday, July 13, 2016 Ramona Hall Community Center 4580 North Figueroa Street Los Angeles, California 90065 MINUTES OF THE EAST LOS ANGELES AREA PLANNING COMMISSION HEREIN ARE REPORTED IN ACTION FORMAT. COMPLETE DETAILS, INCLUDING THE ENTIRE DISCUSSION, RELATING TO EACH ITEM ARE CONTAINED IN THE AUDIO RECORDING FOR THIS MEETING. COPIES OF AUDIO RECORDINGS ARE AVAILABLE BY CONTACTING CENTRAL PUBLICATIONS, AT (213) 978-1255 AND ARE ALSO ACCESSIBLE ONLINE AT planning.lacity.org. The meeting was called to order at 4:43 p.m. by Commission President Christopher Arellano. President Arellano called the roll: Commissioner Arellano: Present Commissioner Choi: Present Commissioner Diel: Present Commissioner Stein: Present Commissioner Alarcon: Absent. Also present were: Blake Lamb, Senior City Planner, and Oscar Medellin, Deputy City Attorney. 1. DEPARTMENTAL REPORT Items of interest Senior City Planner, Blake Lamb, stated that in light of today’s heavy Agenda, she had nothing to report. 2. COMMISSION BUSINESS A. Advance Calendar There were no changes to the Advance Calendar. B. Commission Requests There were no commission requests. C. Approval of the Minutes – June 8, 2016, and June 22, 2016 Commissioner Choi made a motion to approve the minutes of June 8 and June 22. Commisioner Diel pointed out that he and Commissioner Stein were absent for one of those meetings, but at different dates. Commissioner Choi restated her motion, Commissioner Arellano seconded, and each of the minutes were approved 3. NEIGHBORHOOD COUNCIL PARTICIPATION Presentation by neighborhood council representatives on any neighborhood council resolution, or community impact statement filed with the city clerk, which relates to any agenda item listed or being considered on this agenda There were no representation from the Neighborhood Council to speak. Item #6 was taken out of order. 6. ZA-2005-1584-CUB-PA1-1A CEQA: ENV-2014-3581-CE Expiration Date: August 9, 2016 Community Plan: Northeast Los Angeles Appeal Status: Not Further Appealable Council District: 14 - Huizar PUBLIC HEARING LOCATION: 5006 York Boulevard Requested Action: An appeal in part, of the Zoning Administrator’s decision to approve plans for the continued sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with an existing bar in the [Q]C4-1XL Zone, and find the project to be Categorically Exempt from the environmental review pursuant to Article III, Section I, and Class 5, Category 23 of the City of Los Angeles CEQA Guidelines. APPLICANT: Johnny’s Bar, LLC Representative: Rendie Lu Crosby, The American Liquor Exchange APPELLANT: Anthony Falati Representative: Kiyoshi Graves, Urban Planning Studios Recommended Action: 1. Adopt the Findings of the Zoning Administrator. 2. Adopt the Zoning Administrator’s decision to approve plans for the continued sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with an existing bar in the [Q]C4-1XLZone. 3. Find that the project is Categorically Exempt ENV-2014-3581-CE from the environmental review pursuant to Article III, Section I, and Class 5, Category 23 of the City of Los Angeles CEQA Guidelines. Senior City Planner: Jonathan Hershey (213) 978-1337 Discussion: Senior City Planner Jonathan Hershey presented the Staff Report, highlighting that the Applicant is the operator and the Appellant is the property owner, also pointing out 2 modified conditions. Mr. Hershey recommended the appeal be granted in part, with the previously mentioned modifications. Applicant presented first, stating he had no comments but was willing to answer questions. Appellant presented second, stated his concerns with ambiguity of terms, prompting modified conditions. There were no public speakers. The commission closed the public comment period and began to deliberate. East Los Angeles Area 2 July 13, 2016 Planning Commission  MOTION: 1. Grant the appeal in part, with modified Condition Nos. 31.a and 31.c 2. Sustain the decision of the Zoning Administrator in approving the plans for the continued sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with an existing bar in the [Q] C4-1XL Zone; 3. Adopt the Conditions of Approval; 4. Adopt the Zoning Administrator’s Findings; 5. Find the project to be Categorical Exempt from the environmental review pursuant to Article III, Section 1, and Class 5, Category 23 of the City of Los Angeles CEQA Guidelines. Moved: Commissioner Diel Seconded: Commissioner Stein Ayes: Commissioners Arellano and Choi Absent: Commissioner Alarcon Vote: 4-0 4. ZA-2013-2285-ZAD-ZAA-1A CEQA: ENV-2010-482-MND-REC1 Expiration Date: July 18, 2016 Community Plan: Eagle Rock Appeal Status: Not Further Appealable Council District: 14 – Huizar if Denied PUBLIC HEARING LOCATION: 5370 Mount Royal Drive Requested Action: An appeal of the Zoning Administrator’s decision to DENY, pursuant to Los Angeles Municipal Code (LAMC) Section 12.28, a Zoning Administrator’s Adjustment to permit 15- foot front yard setbacks in lieu of the 20 feet required; and to permit walls in the side yards of up to 14 feet in lieu of the 6 feet required; and to allow fences in front yards of up to 14 feet in lieu of 3 ½ feet required.; and pursuant to LAMC Section 12.24-X.26 a Zoning Administrator’s Determination to allow 12 to 14 retaining walls, and have them stand 2 to 18 feet 6 inches high, in lieu of the maximum of two 10-foot high retaining walls required, and to allow grading of more than 1,000 cubic yards, and export of more than 750 cubic yards (grading: 29,782 c.y.; export-21,265 c.y.), and a Haul Route in the R1-1 Zone. Mitigated Negative Declaration No. ENV-2010-482-MND-REC1 was issued as the environmental clearance for the request. APPLICANT: Sean Nguyen, EZ Permits, LLC, c/o Mount Royal LLC APPELLANT: Same Recommended Action: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the decision of the Zoning Administrator to deny; a. An adjustment to permit 15-foot front yards setbacks, in lieu of the 20 feet required. b. An adjustment to permit walls in the side yards of up to 14 feet in lieu of the 6 feet required and to allow fences in front yards of up to 14 feet in lieu of the 3 ½ feet required. c. A 12 to 14 retaining walls, and have them stand 2 to 18 feet 6 inches high, in lieu of the maximum two 10-foot high retaining walls required. East Los Angeles Area 3 July 13, 2016 Planning Commission  d. A grading of more than 1,000 cubic yards, and export of more than 750 cubic yards (grading: 29,782 c.y.; export-21,265 c.y.), and a Haul Route in the R1-1 Zone. 4. Adopt the Mitigated Negative Declaration No. ENV-2010-482-MND that was issued as the environmental clearance for this project, and the accompanying Mitigation Monitoring Program. City Planner: Kevin Golden (213) 978-1396 Discussion: City Planner Kevin Golden presented the Staff Report. The applicant and appellant are the same party. Sean Nguyen presented the argument of the measures that have been taken to create a usable rear yard for a family to utilize this home. Commissioners presented questions to Mr. Nguyen. Mr. Golden provided further background for the project, as presented. A member of the public spoke on behalf of the Eagle Rock Neighborhood Council and distributed a handout explaining the ERNC stance against project. Kevin Ocubillo spoke on behalf of CD 14 stating the Councilmember’s stance against the project, as presented. There were 3 public speakers against the appeal, none in support. The commission allowed time for rebuttal to the applicant to address public & staff comments. The commission had follow-up questions for the applicant and staff. The commission closed the public comment period and began to deliberate. MOTION: 1. Adopt the Findings of the Zoning Administrator. 2. Deny the appeal. 3. Sustain the decision of the Zoning Administrator to deny; e. An adjustment to permit 15-foot front yards setbacks, in lieu of the 20 feet required. f. An adjustment to permit walls in the side yards of up to 14 feet in lieu of the 6 feet required and to allow fences in front yards of up to 14 feet in lieu of the 3 ½ feet required. g. A 12 to 14 retaining walls, and have them stand 2 to 18 feet 6 inches high, in lieu of the maximum two 10-foot high retaining walls required. h. A grading of more than 1,000 cubic yards, and export of more than 750 cubic yards (grading: 29,782 c.y.; export-21,265 c.y.), and a Haul Route in the R1-1 Zone. 4. Do Not Adopt the Mitigated Negative Declaration No. ENV-2010-482-MND that was issued as the environmental clearance for this project, and the accompanying Mitigation Monitoring Program. Moved: Commissioner Choi Seconded: Commissioner Stein Ayes: Commissioners Diel and Arellano Absent: Commissioner Alarcon Vote: 4–0 Commission took a break at 5:49 PM, reconvened at 5:58 PM. 5. AA-2014-4159-PMLA-1A CEQA: ENV-2014-4160-MND Expiration Date: July 13, 2016 Community Plan: Silver Lake – Echo Park Appeal Status: Not Further Appealable Elysian Valley Council District: 13 – O’Farrell East Los Angeles Area 4 July 13, 2016 Planning Commission  PUBLIC HEARING LOCATION: 1626 and 1628 North Micheltorena Street Proposed Project: Preliminary Parcel Map for a maximum of 4 small lots. Requested Action: An appeal in part, the Deputy Advisory Agency’s decision to approve a Preliminary Parcel Map No. AA-2014-4159-PMLA and to adopt the Mitigated Negative Declaration No. ENV- 2014-4160-MND. APPLICANT: Kamran Kazemi APPELLANT: Michael Buch Recommended Action: 1. Adopt the Findings of the Deputy Advisory Agency. 2. Deny the appeal. 3. Sustain the action of the Deputy Advisory Agency in approving AA-2014-4159-PMLA. 4. Adopt the Mitigated Negative Declaration ENV-2014-4160-MND, and the accompanying Mitigation Monitoring Program. City Planner: Kevin Golden (213) 978-1396 Discussion: City Planner Kevin Golden presented the Staff Report and made correction to Staff Report distributed to commission: CEQA case is Mitigated Negative Declaration not Categorical Exemption. Appellant was not present. Applicant’s representative presented the project, stated that MND is sufficient therefore an EIR is not necessary. Mr. Golden agreed during his presentation that the MND was sufficient. There was 1 public speaker, for the project, but declined to speak. The commission closed the public comment period, and began to deliberate. Commission asked staff about the protected trees on the site, staff stated there were none. Commission asked the applicant about parking provided on site, applicant answered. MOTION: 1. Adopt the Findings of the Deputy Advisory Agency. 2. Deny the appeal. 3. Sustain the action of the Deputy Advisory Agency in approving AA-2014-4159-PMLA. 4. Adopt the Mitigated Negative Declaration ENV-2014-4160-MND, and the accompanying Mitigation Monitoring Program. Moved: Commissioner Choi Seconded: Commissioner Diel Ayes: Commissioners Stein and Arellano Absent: Alarcon Vote: 4–0 East Los Angeles Area 5 July 13, 2016 Planning Commission  Items # 7 & 8 were heard together. 7. VTT-73020-SL-1A CEQA: ENV-2014-3333-MND Expiration Date: July 14, 2016 Community Plan: Silver Lake – Echo Park - Appeal Status: Appealable to Elysian Valley City Council Council District: 13 – O’Farrell Related Case: DIR-2014-3761-CDO-1A PUBLIC HEARING LOCATION: 610-614 North Belmont Avenue Proposed Project: Vesting Tentative Tract Map for a small lot subdivision purposes to create five (5) residential lots for the construction of five (5) residential dwellings. Requested Action: An appeal of the Deputy Advisory Agency’s decision to approve VTT-73020-SL and to adopt the Mitigated Negative Declaration ENV-2014-3333-MND. APPLICANT: LOF Partners, LLC, Noah Ornstein APPELLANTS: Darcy Harris, Daniel Ferranti, Belmont Avenue Neighborhood Association Recommended Action: 1. Adopt the Findings of the Deputy Advisory Agency. 2. Grant the appeal in part. 3. Sustain the action of the Deputy Advisory Agency in approving VTT-73020-SL. 4. Adopt the revised Mitigated Negative Declaration ENV-2014-3333-MND. City Planner: Jose Carlos Romero-Navarro (213) 978-1348 8. DIR-2014-3761-CDO-1A CEQA: ENV-2014-3333-MND Expiration Date: July 13, 2016 Community Plan: Silver Lake – Echo Park Appeal Status: Not Further Appealable Elysian Valley Council District: 13 – O’Farrell Related Case: VTT-73020-SL PUBLIC HEARING LOCATION: 610-614 North Belmont Avenue Proposed Project: Community Design Overlay (CDO) Plan Approval for a five (5)-unit Small Lot Subdivision on two (2) adjacent parcels in Echo Park. Requested Actions: An appeal of the Director of Planning’s approval of a Community Design Overlay (CDO) Plan Approval of a five (5)-unit Small Lot Subdivision on two (2) adjacent parcels in Echo Park, adopt the Mitigated Negative Declaration ENV-2014-3333-MND, and adopt the Mitigated Monitoring Program. East Los Angeles Area 6 July 13, 2016 Planning Commission  APPLICANT: LOF Partners, LLC, Noah Ornstein APPELLANTS: Darcy Harris, Daniel Ferranti, Belmont Avenue Neighborhood Association Recommended Actions: 1. Deny the appeal in part. 2. Approve the modified conditions of approval and environmental findings. 3. Sustain the remainder of the Determination of the Director of Planning’s decision in approving a Community Design Overlay (CDO) Plan Approval of a five (5)-unit Small Lot Subdivision on two (2) adjacent parcels. 4. Adopt the Mitigated Negative Declaration ENV-2014-3333-MND. 5. Adopt the Mitigated Monitoring Program. City Planner: Gregory Shoop (213) 978-1243 Discussion: Planning Assistant Amanda Briones made a power point presentation on #7, also a correction on the distributed Staff Report, addressing a typographical error. Commission asked about governing guidelines for each case. Staff recommended the appeal be granted in part with modified conditions. City Planner Greg Shoop then made a staff presentation on #8, recommended appeal be granted in part with modified conditions. Appellant is the same for both items, applicant is the same on both cases. Appellant spoke first, stated position that lots should not be merged together, and addressed other concerns. Applicant stated that 5 home project would be built on 2 lots and is by-right. There were 9 speakers for the appeal, 4 against the appeal, and 1 general comment. A member of the Grading Division of the LADBS also spoke about his efforts on this project. The commission took a break at 7:45 PM, reconvened at 7:54 PM. Rebuttal time was allowed to both sides to address comments that were presented at the meeting. City Planner Jose Carlos Romero-Navarro spoke about the data gathering process by ZIMAS. Commission asked about the DOT and BOE requirements of the project, the applicant addressed those. Mr. Romero-Navarro read into the record a letter regarding the proposed lot merger. Mr. Shoop spoke about the visual impact on the neighborhood. Commission had further questions for the appellant and applicant. The commission closed the public comment period, and began to deliberate. Commission asked about assurances project would be built as approved, Mr. Shoop answered about financial and code safeguards built into project entitlement process. Mr. Romero-Navarro spoke to cumulative impact. Commission took a break at 9:10 PM. Commission asked to continue the case to September 14. Applicant agreed, provided the discussion would be limited to issues raised by the Commission at this hearing. MOTION: Continue to September 14, 2016. Moved: Stein Seconded: Diel Ayes: Arellano, Choi Absent: Alarcon Vote: 4–0 East Los Angeles Area 7 July 13, 2016 Planning Commission 7. PUBLIC COMMENT PERIOD There were no public speakers. There being no further business to come before the East Los Angeles Area Planning Commission, the meeting adjourned at 7:50 P.M. Harold Arrivillaga, Co ission Executive Assistant East Los Angeles A a Planning Commission ADOPTED CITY OF LOS ANGELES SEP 1~ 281 CITY PLANNING DEPA"TIIENT COMMISSION OFFICE East Los Angeles Area 6 Jul y 13, 201 6 Planning Commission