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Area Planning Commission

Regular Meeting

Los Angeles, CA · August 3, 2016

AgendaMinutes

Minutes

OFFICIAL CITY OF LOS ANGELES West Los Angeles Area Planning Commission Minutes Wednesday, August 3, 2016 Henry Medina West L.A. Parking Enforcement Facility 11214 W. Exposition Boulevard, Second Floor, Roll Call Room Los Angeles, CA 90064 MINUTES OF THE WEST 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 by Commission President Thomas Donovan at 4:37 pm., with Commissioners Joseph Halper, Esther Margulies, Marian Merritt, and Lisa Waltz Morocco present. Kathy Phelan, Deputy City Attorney, Debbie Lawrence, Senior City Planner, and Harold Arrivillaga, Commission Executive Assistant, were also in attendance. ___________________________________ ITEM NO. 1 DIRECTOR’S REPORT Debbie Lawrence, Senior City Planner, updated the Commission on the following topics: • On July 25, 2016, the Department of City Planning hosted the bi-monthly meeting with the Department of Building and Safety, the American Institute of Architects, and the Building Industry Association to address pending ordinances and ReCode LA. • Deep Counter Services is now available to offer guidance from the Department of Building and Safety, Bureau of Engineering, Department of Water and Power, Department of Transportation and the Planning Department in the development review process. • As of June 30, there were about 2,446 case applications filed. • City Council confirmed Frank Bush as the permanent General Manager for Department of Building and Safety. • 50 new staff members have joined the Planning Department. • A new Determination Letter was issued on July 27th for Case No. ZA-2012-130-CDP-MEL-1A. ___________________________________ The Commission took Item No. 7 - Public Comment out of order. ___________________________________ ITEM NO. 7 PUBLIC COMMENT Three speakers requested to address the Commission regarding Case No. ZA-2012-130-CDP- MEL-1A. The City Attorney reminded the Commission that it could not take any action on any matter not on the agenda. ___________________________________ ITEM NO. 2 COMMISSION BUSINESS A. Advance Calendar: There were no changes. B. Commission Requests: The Commission directed the Commission Executive Assistant to agendize Case No. ZA- 2012-130-CDP-MEL-1A under Commission Business for the next Commission meeting. ___________________________________ ITEM NO. 3 NEIGHBORHOOD COUNCIL There were no presentations by any Neighborhood Council representatives. ___________________________________ The Commission took Item No. 5 out order. ___________________________________ ITEM NO. 5 DIR-2015-363-BSA-1A Council District: 11 – Bonin CEQA: N/A Last Day to Act: 08-24-16 Community Plan: Brentwood – Pacific Palisades PUBLIC HEARING - REQUIRED PROJECT SITE: 1834 and 1838 North Old Ranch Road IN ATTENDANCE: Theodore Irving, Associate Zoning Administrator, representing the Planning Department, Gideon Kracov, the applicant’s representative, and Julie Clark De Blasio, appellant, representing the California Native Plant Society LA/Santa Monica Mountains Chapter. The applicant’s representative requested that the matter be continued until a date uncertain. Mr. Irving recommended that there be a maximum time limit of six months. Commission Halper moved to continue the matter to a date uncertain. The motion was seconded by Commissioner Waltz Morocco, and the vote proceeded as follows: Moved: Halper Seconded: Waltz Morocco Ayes: Margulies, Merritt, and Donovan Vote: 5-0 MOTION PASSED 2 West Los Angeles Area August 3, 2016 Planning Commission _________________________________ The Commission took Item No. 6 out of order in order to accommodate the applicant’s representative for Item No. 4 who had a medical emergency. _________________________________ ITEM NO. 6 ZA-2015-4080-ZAA-1A Council District No.: 5 – Koretz CEQA: ENV-2015-4081-CE Last Day to Act: 08-17-16 Community Plan: Bel Air – Beverly Crest PUBLIC HEARING - REQUIRED PROJECT SITE: 10710 West Chalon Road IN ATTENDANCE: Theodore Irving, Associate Zoning Administrator, representing the Planning Department; Wayne Pariser, the applicant’s representative, David P. Waite and Sheri Bonstele, the appellant’s representatives, were in attendance. SUMMARY OF DISCUSSION: Mr. Irving presented the report on behalf of the Planning Department. Ms. Bonstele spoke on behalf of the appellant. Mr. Pariser, the applicant’s representative, made his presentation and distributed a handout. There were two public speakers cards submitted to address the Commission. The Commission then allowed the appellant and applicant to make a rebuttal statement. The Commission closed the Public Hearing and began to deliberate. Commissioner Merritt put forth the action below in conjunction with the approval of the following project with modifications to the Conditions of Approval: A Zoning Administrator’s Adjustment to approve a tennis court in the RE40-1-H Zone. 1. Determine the project is Categorically Exempt, ENV-2015-4081-CE, from environmental review pursuant to Article III, Section 1 and Class 3, Category 6 of the City’s CEQA Guidelines; 2. Deny the appeal and sustain the Zoning Administrator’s determination to approve. 2. Sustain the action of the Zoning Administrator’s decision to approve: a. an Adjustment from Sections 12.07.01-C,3 and 12.21-C,5(m) to permit a proposed tennis court to encroach into a rear yard of 9-feet 5-inches in lieu of the required 25-foot rear yard, in the RE40-1-H Zone b. an Adjustment from Sections 12.07.01-C,3 and 12.21-C, 5(m) to permit a court surface more than 2-feet above adjacent natural grade within the required rear yard setback, and an Adjustment from Section 12.21-C,4 and ZAI 78-100 (Standard No. 7) to permit a court surface 6-feet or more above the adjacent natural grade within 50-feet from all property lines; 3. Adopt the Conditions of Approval as Modified by the Commission; and 4. Adopt the Findings as recommended by Staff. 3 West Los Angeles Area August 3, 2016 Planning Commission The action was seconded by Commissioner Halper and the vote proceeded as follows: Moved: Merritt Seconded: Halper Ayes: Donovan and Waltz-Morocco Nays: Margulies Vote: 4–1 MOTION PASSED _________________________________ Commissioner Halper left the meeting. _________________________________ ITEM NO. 4 DIR-2008-4174-DRB-SPP-M1-1A Council District: 11 - Bonin CEQA: ENV-2008-4175-CE Last Day To Act 10-03-16 Community Plan: Brentwood – Pacific Palisades PUBLIC HEARING - REQUIRED PROJECT SITE: 11906 - 11920 West San Vicente Boulevard IN ATTENDANCE: Juliet Oh, City Planning Associate, representing the Planning Department, Amy Brothers, Deputy City Attorney, Kathy Phelan, Deputy City Attorney, Shirin Akhtarzad, 11906 San Vicente LLC, and Neill Brower, Applicant, Wendy-Sue Rosen, representing Brentwood Residents Coalition, Appellant. SUMMARY OF DISCUSSION Deputy City Attorney Kathy Phelan announced that the Commission would recess into Closed Session, pursuant to Government Code section 54956.9(d)(1), to allow the Commission to confer with the City's legal counsel relative to the lawsuit: 11906 San Vicente v. City of Los Angeles, Los Angeles Superior Court Case No. BS154425. The Commission returned after approximately 20 minutes. Deputy City Attorney Amy Brothers announced that no action or deliberation took place during the Closed Session. Juliet Oh, City Planning Associate, made the presentation on behalf of the Planning Department. Wendy-Sue Rosen, the Appellant, addressed the Commission. Neill Brower then spoke on behalf of the Applicant. The applicant and appellant were then granted rebuttal time The Commission closed the public hearing and deliberated among themselves. Commissioner Waltz Morocco put forth the action below in conjunction of the approval of the following project: A Modification to a 1,976 square-foot and 22-foot high new retail building added to an existing commercial center in the C1.5-1VL Zone within the San Vicente Scenic Corridor Specific Plan. 4 West Los Angeles Area August 3, 2016 Planning Commission 1. Determine the project is Categorically Exempt from environmental review pursuant to Article Ill, Section 1 and Class 11, Category 7 of the City's CEQA Guidelines; 2. Deny the appeal and sustain the Director's Modification with clarified language to Condition No. 8 to read as: All basement floor area shall be used for storage purposes only, unless a Change of Use is reviewed and approved by the Department of Building and Safety and the Department of City Planning . Any subsequent changes in the use of the basement for non-storage purposes shall be subject to the Parking Requirements, Section 12, of the San Vicente Scenic Corridor Specific Plan 3. Adopt the Conditions of Approval as modified by the and; 4. Adopt the Findings as recommended by Staff Commissioner Meritt seconded the motion and the vote proceeded as follows: Moved: Waltz Morocco Seconded: Merritt Ayes: Margulies and Donovan Absent: Halper Vote: 4-0 MOTION PASSED There being no further business to come before the West Los Angeles Area Planning Commission, the meeting adjourned at 8:30 p.m. Esther Margulies, resident West Los Angel Area Planning Commission Harold Arrivillaga ~ Commission Executive Assistant I ADOPTED CITY OF LOS ANGELES APR - 5 2017 CITY PLANNING DEPARTMENT COMMISSION OFFICE 5 West Los Angeles Area August 3, 2016 Planning Commission

Agenda

Informacion en Español acerca de esta junta puede ser obtenida llamando al (213) 978-1300. WEST LOS ANGELES AREA PLANNING COMMISSION REGULAR MEETING AGENDA WEDNESDAY, August 3, 2016 4:30 P.M. HENRY MEDINA WEST L.A. PARKING ENFORCEMENT FACILITY nd 11214 WEST EXPOSITION BOULEVARD, 2 FLOOR, ROLL CALL ROOM LOS ANGELES, CA 90064 Thomas Donovan, President Esther Margulies, Vice President Joseph W. Halper, Commissioner Marian Merritt, Commissioner Lisa Waltz Morocco, Commissioner Harold Arrivillaga, 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): 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 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. 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 online at http://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 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the th 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. DEPARTMENTAL REPORT A. Items of interest. 2. COMMISSION BUSINESS A. Advanced Calendar B. Commission Requests 3. NEIGHBORHOOD COUNCIL 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. 4. DIR-2008-4174-DRB-SPP-M1-1A CEQA: ENV-2008-4175-CE Community Plan: Brentwood – Pacific Palisades Expiration Date: August 3, 2016 Council District: 11 - Bonin Appeal Status: Not Further Appealable PUBLIC HEARING LOCATION: 11906 - 11920 West San Vicente Boulevard Requested Action: The hearing involves the presentation of, and request for action consistent with, a court issued Order in 11906 San Vicente v. City of Los Angeles et al., Los Angeles Superior Court Case No. BS154425. The West Los Angeles Area Planning Commission (WLA APC) determination dated February 6, 2015, granted the appeal and overturned the Planning Director grant of an application to modify Condition No. 8 of the prior approval. The Order commands the WLA APC to make additional findings in compliance with the Court’s Ruling dated May 5, 2016, in connection with the WLA APC determination dated February 6, 2015, and to comply with the requirements of Los Angeles Municipal Code Section 11.5.7.C.6(d) and Topanga Assn. v. City of Los Angeles (1974) 11 Cal.3d 506 in reviewing the Planning Director’s decisions on the application to modify Condition No. 8. The Commission may recess into Closed Session pursuant to Government Code section 54956.9(d)(1)to allow the Commission to confer with the City's legal counsel relative to the lawsuit: 11906 San Vicente v. City of Los Angeles, Los Angeles Superior Court Case No. BS154425. APPLICANT: Shirin Akhtarzad, 11906 San Vicente LLC APPELLANT: Wendy-Sue Rosen, Brentwood Residents Coalition West Los Angeles Area Planning Commission 2 August 3, 2016 Recommended Action: 1. Deny the appeal; 2. Sustain the Director’s Modification with clarified language to Condition No. 8. 3. Adopt the attached Findings 4. Find that Categorical Exemption No. ENV-2008-4175-CE is the adequate environmental clearance for the project as recommended by City staff. Staff: Juliet Oh (213) 978-1186 5. DIR-2015-363-BSA-1A CEQA: N/A Community Plan: Brentwood – Pacific Palisades Expiration Date: August 24, 2016 Council District: 11 – Bonin Appeal Status: Not Further Appealable *Applicant and Appellant will request a Continuance to a date uncertain. PUBLIC HEARING LOCATION: 1834 and 1838 North Old Ranch Road Requested Action: An appeal, pursuant to Section 12.26-K of the Los Angeles Municipal Code, of the Director of City Planning’s Determination as to whether the Department of Building and Safety erred or abused its discretion in allowing the vesting of the development plans for sites located at 1834 North Old Ranch Road and 1838 North Old Ranch Road to exceed the 18 months permitted, pursuant to Section 12.26-A,3 of the City of Los Angeles Municipal Code and in issuing Permits Nos. 11010-20000-00239; 11010-20000-00240; 11010-20000-00321; 11010-20000-00322; 11010-20000-00325; 11010-20000-00328; 11010-20000-00508 and 11010-20000-00510, for the construction of two single-family dwellings, two garages, multiple retaining walls and grading. APPLICANT: Sullivan Equity Partners LLC APPELLANT #1: Sara Nichols Representative: Gideon Kracov APPELLANT #2: Julie Clark De Blasio California Native Plant Society LA/Santa Monica Mountains Chapter Recommended Action: 1. Adopt the findings of the Director of City Planning. 2. Deny the appeal. 3. Sustain the Director of City Planning’s Determination as to whether the Department of Building and Safety erred or abused its discretion in allowing the vesting of the development plans for sites located at 1834 North Old Ranch Road and 1838 North Old Ranch Road to exceed the 18 months permitted for the construction of two single-family dwellings, two garages, multiple retaining walls and grading Staff: Theodore Irving (213) 978-1366 West Los Angeles Area Planning Commission 3 August 3, 2016 6. ZA-2015-4080-ZAA-1A Expiration Date: August 17, 2016 CEQA: ENV-2015-4081-CE Appeal Status: Not Further Community Plan: Bel Air – Beverly Crest Appealable Council District No.: 5 – Koretz PUBLIC HEARING LOCATION: 10710 West Chalon Road Requested Action: An appeal to the Zoning Administrator’s decision to approve, pursuant to Los Angeles Municipal Code Section 12.28, an Adjustment from Sections 12.07.01-C,3 and 12.21-C,5(m) to permit a proposed tennis court to encroach into a rear yard of 9 feet 5 inches in lieu of the required 25-foot rear yard, in the RE40-1-H Zone, an Adjustment from Sections 12.07.01-C,3 and 12.21-C, 5(m) to permit a court surface more than 2 feet above adjacent natural grade within the required rear yard setback, an Adjustment from Section 12.21-C,4 and ZAI 78-100 (Standard No. 7) to permit a court surface 6 feet or more above adjacent natural grade within 50 feet from all property lines, and find the project to be Categorically Exempt, ENV-2015- 4081-CE, from environmental review pursuant to Article III, Section 1 and Class 3, Category 6 of the City of Los Angeles CEQA Guidelines. APPLICANT: Elite Investment Management Group, LLC – Jonathan Menlo Representative: Tony Russo, Crest Real Estate APPELLANT: Arnaud C. Achache, AAFT Real Estate Holdings, LLC Representative: David P. Waite – Cox, Castle & Nicholson, LLP 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. an Adjustment from Sections 12.07.01-C,3 and 12.21-C,5(m) to permit a proposed tennis court to encroach into a rear yard of 9 feet 5 inches in lieu of the required 25- foot rear yard, in the RE40-1-H Zone b. an Adjustment from Sections 12.07.01-C,3 and 12.21-C, 5(m) to permit a court surface more than 2 feet above adjacent natural grade within the required rear yard setback, an Adjustment from Section 12.21-C,4 and ZAI 78-100 (Standard No. 7) to permit a court surface 6 feet or more above adjacent natural grade within 50 feet from all property lines. 4. Find the project to be Categorically Exempt, ENV-2015-4081-CE, from environmental review pursuant to Article III, Section 1 and Class 3, Category 6 of the City of Los Angeles CEQA Guidelines. Staff: Theodore Irving (213) 978-1366 7. PUBLIC COMMENT PERIOD The Area Planning Commission shall provide an opportunity in open meetings for the public to address 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. West Los Angeles Area Planning Commission 4 August 3, 2016 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 at the discretion of the Commission President. The next regular meeting of the West Los Angeles Area Planning Commission will be held at 4:30 p.m. on Wednesday, August 17, 2016 at HENRY MEDINA WEST L.A. PARKING ENFORCEMENT FACILITY nd 11214 WEST EXPOSITION BOULEVARD, 2 FLOOR, ROLL CALL ROOM LOS ANGELES, CA 90064 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. Language interpreters, 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 (7) seven working days prior to the meeting by calling the Commission Executive Assistant at (213) 978-1300 or by e-mail at APCWestla@lacity.org. West Los Angeles Area Planning Commission 5 August 3, 2016

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