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City Planning Commission

Regular Meeting

Los Angeles, CA · January 13, 2011

Agenda

Agenda

Información en Español acerca de esta junta puede ser obtenida Ilamando al (213) 978-1300 CITY PLANNING COMMISSION REGULAR MEETING THURSDAY, JANUARY 13, 2011, after 8:30 A.M. PUBLIC WORKS BOARD ROOM - CITY HALL ROOM 350 200 N. SPRING STREET, LOS ANGELES, CALIFORNIA 90012 William Roschen, FAIA, President Michael J. LoGrande, Director Regina M. Freer, Vice President Alan Bell, AICP, Deputy Director Sean O. Burton, Commissioner Vincent P. Bertoni, AICP, Deputy Director Diego Cardoso, Commissioner Eva Yuan-McDaniel, Deputy Director Matt Epstein, Commissioner Fr. Spencer T. Kezios, Commissioner Barbara Romero, Commissioner Michael K. Woo, Commissioner Vacant, Commissioner James K. Williams, Commission Executive Assistant I POLICY FOR DESIGNATED PUBLIC HEARING ITEMS No(s) 5 and 6. 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. In all instances, however, equal time is allowed for presentation of pros and cons of matters to be acted upon. All requests to address the Commission on public hearing items must be submitted prior to the Commission=s consideration of the item. EVERY PERSON WISHING TO ADDRESS THE COMMISSION MUST COMPLETE A SPEAKER=S REQUEST FORM AND SUBMIT IT TO THE COMMISSION STAFF. The Commission has adopted rules regarding written submissions to ensure that it has reasonable and appropriate opportunity to review your materials. The mailing and email addresses, deadlines, page limits, and required numbers of copies for your advance submissions may be found at www.planning.lacity.org under “Forms and Instructions”. Day of hearing submissions (15 copies must be provided) are limited to 2 pages plus accompanying photographs, posters, and PowerPoint presentations of 5 minutes or less. Non-complying materials will NOT be distributed to the Commission. The Commission may ADJOURN FOR LUNCH at approximately 12:00 Noon. Any cases not acted upon during the morning session will be considered after lunch. TIME SEGMENTS noted * herein are approximate. Some items may be delayed due to length of discussion of previous items. 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. 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 the public hearing agenized 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. 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 at www.planning.lacity.org. Click the Meetings and Hearings@ link. Commission meetings may be heard on Council Phone by dialing (213) 621-2489 or (818) 904-9450. GLOSSARY OF ENVIRONMENTAL TERMS: CEQA - Calif. Environmental Quality Act ND - Negative Declaration EIR - Environmental Impact Report MND - Mitigated Negative Declaration CE - Categorical Exemption 1. DIRECTOR’S REPORT A. Update on City Planning Commission Status Reports and Active Assignments 1. Ongoing Status Reports: 2. City Council/PLUM Calendar and Actions 3. List of Pending Legislation (Ordinance Update) B. Legal actions and rulings update C. Other items of interest: • Department of City Planning Budget for 2011 – M. LoGrande • Public improvements at Sierra Canyon School (Advice on Sierra Canyon School Letters) – M. Bostrom 2. COMMISSION BUSINESS A. Advance Calendar B. Commission Requests 3. PUBLIC COMMENT PERIOD The Commission shall provide an opportunity in open meetings for the public to address it, for a cumulative total of up to thirty (30) minutes, on items of interest to the public that are within the subject matter jurisdiction of the Commission. (This requirement is in addition to any other hearing required or imposed by law.) PERSONS WISHING TO SPEAK MUST SUBMIT A SPEAKER=S REQUEST FORM. ALL REQUESTS TO ADDRESS THE COMMISSION ON NON-PUBLIC HEARING ITEMS AND ITEMS OF INTEREST TO THE PUBLIC THAT ARE WITHIN THE JURISDICTION OF THE COMMISSION MUST BE SUBMITTED PRIOR TO THE COMMENCEMENT OF THE PUBLIC COMMENT PERIOD. Individual testimony within the public comment period shall be limited as follows: (a) For non-agendized matters, up to five (5) minutes per person and up to ten (10) minutes per subject. (b) For agendized matters, up to three (3) minutes per person and up to ten (10) minutes per subject. PUBLIC COMMENT FOR THESE ITEMS WILL BE DEFERRED UNTIL SUCH TIME AS EACH ITEM IS CALLED FOR CONSIDERATION. The Chair of the Commission may allocate the number of speakers per subject, the time allotted each subject, and the time allotted each speaker. CITY PLANNING COMMISSION 2 JANUARY 13, 2011 4. CPC-2006-10241-GPA-ZC-HD-CUB-CU- Council District: 9 – Perry ZAA-ZAD-DB-SPR Expiration Date: 3-13-11 CEQA: ENV-2006-9471-EIR Appeal Status: Appealable to City Plan Area: Southeast Los Angeles Council; Zone Change is appealable by applicant if disapproved in whole or in part PUBLIC HEARING – Completed on October 8, 2010, Continued from the meeting of Dec. 9, 2010 Location: 2300 & 2327 S. FLOWER STREET Proposed CEQA Project: CEQA requires consideration of the whole of an action, including an action that is currently not being applied for if it is a reasonably foreseeable consequence of the current action or it will likely change the scope or nature of the current action. Here, the Proposed Project under CEQA consists of the discretionary action under consideration (2300 S. Flower, Site A) as well as the discretionary action that was withdrawn and will likely be considered at a later date (2327 S. Flower, Site B). Therefore, the Proposed Project would involve the development of a mixed-use project with a total of approximately 1,400 multi-family residential units (approximately 1,663,061 square feet) and ancillary common area and recreation amenities totaling approximately 65,480 square feet. The Proposed Project would also provide approximately 34,000 square feet of retail uses, including approximately 6,000 square feet of restaurant use. More specifically, the Proposed Project would consist of two structures, a six-story building on the eastern side of Flower Street (Site A) and a 44-story building directly across from it, on the western side of Flower Street (Site B). Site A would contain approximately 34,000 square feet of retail uses and 919 multifamily units; Site B would contain approximately 481 multi-family units. Parking for the Proposed Project would consist of approximately 3,204 spaces provided in three subterranean levels and one ground level located beneath Site A and five subterranean parking levels located beneath Site B. Reduced Density Proposal December 2010: The Applicant’s Reduced Density Proposal (referred to herein as the Reduced Lorenzo Project) would not change the proposed height, unit count and retail square footage on Site A, but would reduce the proposed structure on Site B from 44 stories to 12 stories and from 481 multi-family units to 132 multi-family units. This proposal would also result in a reduction in total project parking from 3,204 space to 2,447 spaces, which would be provided on two subterranean levels and one ground level located at Site A and four subterranean levels and one ground level located at Site B. Proposed Project: 2300 S. Flower Street Only: The proposed project would involve the phased development of a 1,762,541 1,383,068 square foot mixed-use project with a total of 1,400 919 multi-family residential units, ancillary common area and recreation amenities, and approximately 34,000 square feet of retail uses, including about 6,000 square feet of restaurant use. The proposed project would consist of two structures to be built in two phases. Phase One consists of a six-story building on the eastern side of Flower Street (hereafter referred to as Site A) containing approximately 34,000 square feet of retail uses and 919 multi-family dwelling units. Phase Two would consist of a 44 story building on the western side of Flower Street (Site B) containing approximately 481 multi-family dwelling units. Parking for the proposed project would consist of a maximum of 3,204 2,255 total spaces which includes 367 replacement parking spaces for the Orthopedic Hospital, 152 151 spaces for restaurant and retail uses, and approximately 2,685 1,737 parking spaces for the residential uses. 2327 S. Flower Street-Site B (Phase Two) was withdrawn from consideration by the Applicant on November 24, 2010. No discretionary actions will be sought at this time with regard to Site B. Requested CEQA Actions: 1. Pursuant to Section 21082.1(c)(3) of the California Public Resources Code, Certification of the Environmental Impact Report (City Planning Case No. ENV-2006-9471-EIR) and Adoption of the proposed Mitigation Monitoring Program, the required Findings and the Statement of Overriding Considerations for the adoption of the EIR. Requested Actions: 2. Pursuant to Section 11.5.6 of the Municipal Code, General Plan Amendments to the Southeast Los Angeles Community Plan as follows: a. To change the Land Use designation on the portion of the property located at 2327 S. Flower (identified as Site B), from Limited Manufacturing to Community Commercial. (Withdrawn After Public Hearing) b. To amend Footnote Number 1 to specifically exclude the project site from the Height District 1 (1.5:1 Floor Area Ratio) limitation imposed by footnote #1 in order to permit the site to be developed consistent with the existing Height District 2 (6:1 Floor Area Ratio) Zone designation. 3. Pursuant to Section 12.32 of the Municipal Code, a Zone Change from [Q]C2-2-O (Commercial Zone with Conditions restricting the site to educational, hospital, medical office, parking and related uses), to C2-2-O, to permit all uses allowed in the C2 (Commercial) zone. 4. Pursuant to Section 12.24 W.1 of the Municipal Code, a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for consumption off-site in conjunction with a market or drugstore use and sale and dispensing for consumption on-site in conjunction with a restaurant use. 5. Pursuant to Section 12.24 W.19 a Conditional Use to permit the averaging of floor area ratios for buildings which comprise a unified development. (Withdrawn After Public Hearing) 6. Pursuant to Section 12.21 A.4(y) of the Municipal Code, a Variance to permit approximately 779 of the required on-site parking spaces for Site B to be located off-site on Site A. (Withdrawn After Public Hearing). 7. Pursuant to Section 12.28 and 12.21 G.3 an Adjustment from 12.21 G 2 to allow the required open space to be averaged across the entire proposed project site as follows: to provide 175,950 square feet of open space on Site A in lieu of the minimum 119,660 square feet required, and to permit 26,550 square feet of open space on Site B in lieu of the minimum 63,750 square feet otherwise required. No reduction in the total amount of 183,350 square feet of required open space for the proposed project has been requested. (Withdrawn After Public Hearing). 8. Pursuant to Section 12.24.Y of the Municipal Code a Determination to permit a 10% reduction in the required number of commercial parking spaces by Finding that the commercial building is located on a lot not more than 1,500 feet distant from the portal of a fixed rail transit station, or bus station, or other similar transit facility. 9. Pursuant Section 16.05 of the Municipal code, Site Plan Review for a project which creates, or result in an increase, of 50 or more dwelling units. 10. Pursuant to Section 12.22 A.25 of the Municipal Code, in consideration of restricting 5% of the dwelling units (70 units) for Very Low Income Housing, the applicant proposes to utilize Parking Option Number 1 which permits a reduction in the otherwise required parking for residential units of a Housing Development Project. 11. Pursuant to Section 12.22 A.29 of the Municipal Code in consideration of providing the requisite number of Restricted Affordable Units, the applicant proposes to utilize parking CITY PLANNING COMMISSION 4 JANUARY 13, 2011 incentives which permit a reduction in the otherwise required parking for residential projects located in the Greater Downtown Housing Incentive Area. (Withdrawn After Public Hearing). Applicant: Palmer/Flower Street Properties Representative: George Mihlsten, Latham & Watkins, LLP Recommended CEQA Actions: 1. Certify Environmental Impact Report No. ENV-2006-9471-EIR and Adopt the proposed Mitigation Monitoring Program, the required Findings and the Statement of Overriding Considerations associated with the subject Environmental Impact Report. 2. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that the mitigation conditions, identified as “(MM)” on the condition pages, 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. 3. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and / or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. Recommended Actions: (2300 S. Flower Street Only): 4. Deny as Submitted. 5. Approve and Recommend that the City Council Adopt the following General Plan Amendment to the Southeast Los Angeles Community Plan amending Footnote No. 1 as follows: “The provisions of this Footnote shall not apply to the property located at 2300 S. Flower Street, as identified per City Planning Case No. CPC-2006-10241-GPA-ZC-HD-CUB-CU-ZAA-ZAD-DB- SPR.” 6. Approve and Recommend that the City Council Adopt a Zone Change from [Q]C2-2-O (Commercial Zone with conditions that restricted the site to educational, hospital, medical office, parking and related uses), to (T)(Q)C2-2-O, removing current restrictions and to permit all uses allowed in the C2 (Commercial) zone. 7. Approve a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for consumption off-site in conjunction with a market or drugstore use and sale and dispensing for consumption on-site in conjunction with a restaurant use. 8. Approve a Determination to permit a 10% reduction in the required number of commercial parking spaces by Finding that the commercial building is located on a lot not more than 1,500 feet distant from the portal of a fixed rail transit station, or bus station, or other similar transit facility. 9. Approve the requested Site Plan Review. 10. Deny Without Prejudice (Withdrawn) a General Plan Amendment on the portion of the property located at 2327 S. Flower (identified as Site B), from Limited Manufacturing to Community Commercial. 11. Deny Without Prejudice (Withdrawn) a Conditional Use to permit the averaging of floor area ratios for buildings which comprise a unified development. 12. Deny Without Prejudice (Withdrawn) a Variance to permit approximately 779 of the required on-site parking spaces for Site B to be located off-site on Site A. 13. Deny Without prejudice (Withdrawn) an Adjustment from 12.21 G 2 to allow the required open space to be averaged across the entire proposed project site as follows: to provide 175,950 square feet of open space on Site A in lieu of the minimum 119,660 square feet required, and to permit 26,550 square feet of open space on Site B in lieu of the minimum 63,750 square feet otherwise required. No reduction in the total amount of 183,350 square feet of required open space for the proposed project has been requested. CITY PLANNING COMMISSION 5 JANUARY 13, 2011 14. Adopt the attached Findings. 15. Recommend that the applicant be advised that time limits for effectuation of a zone in the “T” Tentative classification or “Q” Qualified Classification are specified in Section 12.32.G of the L.A.M.C. Conditions must be satisfied prior to the issuance of building permits and, that the “T” Tentative classification be removed in the manner indicated. Staff: Lynda Smith (213) 978-1170 5. CPC-2010-1572-CA Council Districts: All CEQA: ENV-2010-1573-ND Expiration Date: N/A Plan Areas: All Appeal Status: N/A PUBLIC HEARING – Continued from the meeting of October 14, 2010 Location: CITYWIDE Proposed Ordinance: The proposed ordinance (Appendix A) amends the LAMC to update common findings for conditional uses, adjustments, and other quasi-judicial land use approvals to provide a better framework for analyzing the merits of proposed development projects and eliminate redundancy in case processing. Requested Actions 1. Amendments to Sections 11.5.7, 12.03, 12.24, 12.28, 12.81, 13.03, 13.07, 14.3.1, 16.01, and 16.05 of the Los Angeles Municipal Code (LAMC). 2. Adopt Negative Declaration No. ENV-2010-1573-ND as the CEQA clearance on the subject. Applicant: City of Los Angeles Recommended Actions: 1. Adopt the initial and supplemental staff reports (dated October 14, 2010 and January 13, 2011) as the Commission’s report on the subject. 2. Adopt the findings. 3. Adopt Negative Declaration No. ENV-2010-1573-ND. 4. Approve the proposed ordinance and recommend its adoption by the City Council. Staff: Thomas Rothmann (213) 978-1370 CITY PLANNING COMMISSION 6 JANUARY 13, 2011 6. CPC-2010-1929-POD Council District: 13 – Garcetti CEQA: ENV-2009-1930-MND Expiration Date: N/A Plan Area: Northeast Appeal Status: N/A PUBLIC HEARING Location: Parcels fronting along GLENDALE BOULEVARD between the LOS ANGELES RIVER and the GLENDALE-LOS ANGELES BORDER Proposed Project: A proposed ordinance amending the Atwater Village Pedestrian Orientated District (POD) to create a “Community Parking Credit Program” that will provide an alternative means for commercial uses to comply with parking requirements within a portion of Glendale Boulevard in the POD. Requested Actions: 1. Pursuant to Section 21082.1(c)(3) of the California Public Resources Code, Adopt Mitigated Negative Declaration No. ENV-2010-1930-MND. 2. Pursuant to Section 11.5.6 of the Municipal Code, a Plan Amendment of the Atwater Village Pedestrian District to create a “Community Parking Credit Program” that will provide an alternative means for commercial uses to comply with parking requirements within a portion of Glendale Boulevard in the POD. Applicant: City of Los Angeles Recommended Actions: 1. Adopt Mitigated Negative Declaration No. ENV-2010-1930-MND. 2. Adopt the staff report as the Commission’s report on the subject. 3. Adopt the findings. 4. Approve and recommend that the City Council adopt the proposed ordinance. Staff: Thomas Henry (213) 978-0626 The next regular meeting of the City Planning Commission will be held at 8:30 a.m. on Thursday, January 27, 2011 Van Nuys City Hall Council Chamber, 2nd Floor 14410 Sylvan Street Van Nuys, CA 91401 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. Translation services, sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services must be requested 72 hours prior to the meeting by calling the Planning Commission Secretariat at (213) 978-1300 or by email at CPC@lacity.org. CITY PLANNING COMMISSION 7 JANUARY 13, 2011

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