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City Planning Commission

Regular Meeting

Los Angeles, CA · September 27, 2012

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Agenda

Información en Español acerca de esta junta puede ser obtenida Ilamando al (213) 978-1300 CITY PLANNING COMMISSION REGULAR MEETING THURSDAY, SEPTEMBER 27, 2012, after 8:30 A.M. ND VAN NUYS CITY HALL COUNCIL CHAMBER 2 FLOOR 14410 SYLVAN STREET, VAN NUYS, CALIFORNIA 91401 William Roschen, FAIA, President Michael J. LoGrande, Director Regina M. Freer, Vice President Alan Bell, AICP, Deputy Director Sean O. Burton, Commissioner Lisa M. Webber, AICP, Deputy Director Diego Cardoso, Commissioner Eva Yuan-McDaniel, Deputy Director George Hovaguimian, Commissioner Justin Kim, Commissioner Robert Lessin, Commissioner Dana Perlman, Commissioner Barbara Romero, Commissioner James K. Williams, Commission Executive Assistant II POLICY FOR DESIGNATED PUBLIC HEARING ITEMS No(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. 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 2. COMMISSION BUSINESS A. Advance Calendar B. Commission Requests C. Minutes of Meeting – August 9, 2012 and September 13, 2012 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 SEPTEMBER 27, 2012 4. CPC-2012-972-ZC-HD-SPR-CU-ZV Council District: 6 – Cardenas CEQA: ENV-2012-971-MND Expiration Date: 9-28-12 Plan Area: Van Nuys-North Sherman Oaks Appeal Status: Appealable to City Council, ZC appealable by applicant if disapproved in whole or in part PUBLIC HEARING – Completed on July 17, 2012 Request for Consent Location: 14500-14620 W. SHERMAN CIRCLE, 14529-14661 W. GAULT STREET, 14621 W. SHERMAN WAY Proposed Project: The proposed project involves the construction, use and maintenance of a 354-unit condominium complex (two buildings) having a floor area of approximately 435,847 square feet and reaching a maximum height of 60 feet on a lot comprised of 284,263 square feet of land. A total of 796 parking spaces will be provided. An existing six-level public parking structure having 610 parking spaces will be retained to accommodate and provide continued parking for adjacent medical office uses. The project would result in the demolition of an existing closed 7-story hospital building. Requested Actions: 1. Recommend that the City Council Adopt a Zone Change from the [Q]C2 Zone to the (T)(Q)RAS3 Zone. 2. Recommend that the City Council Adopt a Height District Change from 2D and 1L to Height District 1L. 3. Approve the requested Site Plan Review. 4. Approve the requested Conditional Use Permit. 5. Approve the requested Zone Variance. 6. 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 on the attached page. 7. Adopt Attached Findings. 8. Adopt the Mitigated Negative Declaration as provided under case number ENV-2012-0971-MND pursuant to the California Environmental Quality Act. 9. 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 may be required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (“NOD”) filing. Applicant: IMT II Capital Sherman Circle, LLC Representative: Rosenheim & Associates, Inc. Recommended Actions: 1. Recommend that the City Council Adopt a Zone Change from the [Q]C2 Zone to the (T)(Q)RAS3 Zone. 2. Recommend that the City Council Adopt a Height District Change from 2D and 1L to Height District 1L. 3. Approve the requested Site Plan Review. 4. Approve the requested Conditional Use Permit. 5. Approve the requested Zone Variance. 6. 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 CITY PLANNING COMMISSION 3 SEPTEMBER 27, 2012 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 on the attached page. 7. Adopt Attached Findings. 8. Adopt the Mitigated Negative Declaration as provided under case number ENV-2012-0971-MND pursuant to the California Environmental Quality Act. 9. 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 may be required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (“NOD”) filing. Staff: Nicholas Hendricks (818) 374-5046 5. DIR-2011-3085-DB-1A Council District: 11 – Rosendahl CEQA: ENV-2011-2765-MND Expiration Date: 9-27-12 Plan Area: Brentwood-Pacific Palisades Appeal Status: Not further appealable PUBLIC HEARING Location: 1301 BROCKTON AVENUE Proposed Project: The proposed project is the construction of a four-story 49-unit multi-family structure over a subterranean garage with 98 parking spaces on a 27,740 square-foot vacant lot. The multi-family structure will be composed entirely of three-bedroom units. Requested Actions: An appeal of the decision of the Director of Planning approving the following two Density Bonus incentives: 1) An increase of the Floor Area Ratio (FAR) to 4.05.1 in lieu of the permitted 3:1 FAR for a total building size of 73,910 square feet and 2), A 20% decrease in open space from the required 8,575 square feet to 6,860 square feet in order to construct 49 residential units composed of 45 for sale units at current market rate and four units reserved for sale to Very Low Income households. Adopt the Mitigated Negative Declaration as provided under case number ENV-2011-2765-MND pursuant to the California Environmental Quality Act. Applicant: Isacc Cohanzad, Dorothy Village, Inc. Appellant: Anita Nikaeen, Brockton Hill Homeowners Assoc. Recommended Actions: 1. Deny the appeal. 2. Sustain the Director’s Determination in approving a Density Bonus Compliance Review. 3. Adopt the Mitigated Negative Declaration as provided under case number ENV-2011-2765-MND pursuant to the California Environmental Quality Act. Staff: Gregory Shoop (213) 978-1197 CITY PLANNING COMMISSION 4 SEPTEMBER 27, 2012 6. CPC-2007-251-GPA-ZC-SP-SPA-CA, Council District: 4 – LaBonge CPC-2007-252-AD and CPC-2007-253-DA CEQA: ENV-2007-253-EIR Expiration Date: 10-14-12 Plan Area: Sherman Oaks-Studio City - Appeal Status: Zone Change is Toluca Lake-Cahuenga Pass appealable by the applicant if disapproved in whole or in part PUBLIC HEARING Location: 100 UNIVERSAL CITY PLAZA, UNIVERSICAL CITY, CA 91608 Proposed Project as Filed: The NBC Universal Evolution Plan (the “Project”) provides for the development of 6.18 million square feet of commercial uses, which includes a net increase of 2.01 million square feet of new commercial development, and 2,937 dwelling units over an approximately 391-acre site, with approximately 95 acres located in the City of Los Angeles, and 296 acres in the unincorporated area of Los Angeles County. The Project, within the proposed City portion of the Project Site, consists of the demolition of approximately 71,668 square feet of existing studio, office, and entertainment uses for the development of 2,937 residential units, approximately 115,000 new square feet of retail, approximately 65,000 new square feet of community serving uses, approximately 50,000 new square feet of studio and studio technical support uses, and approximately 250,000 new square feet of studio office uses. Additional square footage of retail or hotel floor area may be permitted pursuant to the Equivalency Transfer Program as set forth in the proposed Universal City Specific Plan. In conjunction with the residential component, the Project may establish a Mello-Roos Community Facilities District (acquisition and construction). In addition, within the proposed County of Los Angeles portion of the Project Site, and not subject to a City of Los Angeles public hearing, the Applicant proposes the development of additional studios, office, theme park and entertainment retail (City Walk), as well as an approximately 450,000 square- foot, 500-room hotel. The Applicant will request separate discretionary actions and a separate specific plan from the County of Los Angeles to address development proposed within the County portion of the Project Site. Alternative 10 - No Residential Alternative, as described in the EIR, would eliminate all 2,937 residential units of the proposed Project and 180,000 square feet of neighborhood and community serving commercial uses and would add approximately 307,949 additional net new square feet of Studio Uses of which 50,000 square feet would be located within the City, approximately 647,320 additional net new square feet of Studio Office uses of which 205,000 net new square feet would be located in the City and an additional 1,000 Hotel rooms of which up to 500 rooms would be located in the City within the Entertainment Area. Alternative 10 includes additional parking structures. Other than Alternative 2, No Project - Existing Land Use Plans: Proposed Development Program, described in the EIR, Alternative 10 is the environmentally superior alternative Requested Actions: CITY PLANNING COMMISSION 5 SEPTEMBER 27, 2012 CPC-2007-251-GPA-ZC-SP-SPA-CA 1. Pursuant to Section 21082.1(c)(3) of the California Public Resources Code, Certification of the Environmental Impact Report (EIR), ENV-2007-254-EIR, SCH No. 2007071036, for the above- referenced project, and the following: a. Adoption of the Statement of Overriding Considerations setting forth the reasons and benefits approving the project with full knowledge those significant impacts may remain. b. Adoption of the proposed Mitigation Monitoring and Reporting Program. 2. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment from Open Space, Minimum Density Residential, Very Low Density Residential, Medium Density Residential, Limited Commercial, Community Commercial, and Regional Center Commercial to Regional Commercial for the City portions of the Project Site: 3. Pursuant to Section 12.32 of the Municipal Code, a Zone Change from OS-1XL, RE40-1, RE20-1, RE20-1-H, RE15-1-H, R1-1, P-1, PB-1, (Q)C1-1L, and (Q)C2-1 to Universal City Specific Plan (UCSP) Zone; 4. Pursuant to Section 11.5.7 of the Municipal Code, the establishment of the Universal City Specific Plan to provide regulatory controls and the systematic execution of the General Plan within the Project area; 5. Pursuant to Section 11.5.7.G.7 of the Municipal Code, that the City Planning Commission recommend a Specific Plan Amendment to the Mulholland Scenic Parkway Specific Plan (Ordinance No. 167,943) to amend the boundary of the Outer Corridor to exclude approximately 2 acres of the subject property; 6. A Zoning Code Amendment to Sections 12.04 and 12.16 of Chapter 1 of the Los Angeles Municipal Code (LAMC) to establish the Universal City Specific Plan (UCSP) Zone; CPC-2007-252-AD 7. Recommend that the City Council authorize the City to pursue an amendment to the City’s Sphere of Influence for Pre-Annexation Agreement and Annexation of land from the unincorporated area of the County of Los Angeles to the City of Los Angeles, and a de-annexation of land from the City of Los Angeles to the County of Los Angeles. CPC-2007-253-DA 8. Pursuant to Section 65864-65869.5 of the California Government Code and the City implementing procedures, a Development Agreement between Universal Studios, LLC and the City of Los Angeles, to provide reasonable assurances to the Applicant with respect to its ability to implement the requested Development Approvals, with the provision to the City of certain public benefits. Applicant: Universal Studios, LLC Attention: Corinne Verdery Representative: George Mihlsten/Maria Hoye Latham & Watkins Recommended Actions: 1. Recommend that the City Council Certify the Environmental Impact Report, ENV-2007-254-EIR (SCH. No. 2007071036), including the accompanying Mitigation Monitoring and Reporting Program, and Adopt the related environmental Findings, and Statement of Overriding Considerations as the environmental clearance for the proposed project and find that: a) The Environmental Impact Report (EIR) for the NBC Universal Evolution Plan Project, which includes the Draft EIR, the Final EIR and Errata, has been completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq., and the State and City of Los Angeles CEQA Guidelines; and CITY PLANNING COMMISSION 6 SEPTEMBER 27, 2012 b) The Project's EIR was presented to the City Planning Commission (CPC) as a recommending body of the lead agency; and the CPC reviewed and considered the information contained in the EIR prior to recommending the Project for approval, as well as other information in the record of proceedings on this matter; and c) The Project's EIR represents the independent judgment and analysis of the lead agency1. 2. Recommend that the City Council Adopt a General Plan Amendment from a) Open Space, Minimum density Residential, Very Low density Residential, Medium density Residential, Limited Commercial, Community Commercial, and Regional Center Commercial to Regional Commercial for the City portions of the Project Site, and b) amend the Regional Center Plan land use category in the Sherman Oaks- Studio City-Toluca Lake to include the Universal City Zone as a corresponding zone in the Regional Commercial designation. 3. Recommend that the City Council Disapprove the establishment of the Universal Specific Plan within the City portions of the Project Site; 4. Recommend that the City Council pass an ordinance to Approve a Zone Change from OS-1XL, RE40-1, RE20-1, RE20-1-H, RE15-1-H, R1-1, P-1, PB-1, (Q)C1-1L, and C2-1 to [Q]C2-1-SN Zone. 5. Recommend that the City Council Approve a Sign Supplemental Use District "SN" (Exhibit D) as recommended by staff, to set forth sign regulations, procedures, guidelines and standards for the Project Site. Recommend that City Attorney, in consultation with the Department of City Planning staff, prepare the Sign Supplemental Use District in accordance with the form and substance of established sign districts (Ordinance No. 181,637 and 182,200) which include standardized definitions, review procedures, and findings, as well as regulations governing vertical sign zones, animation, refresh rates, lighting, hours of operation, glare, and any other matters) consistent with sign policies of the City of Los Angeles. 6. Recommend that the City Council Disapprove a Specific Plan Amendment to the Mulholland Scenic Parkway Specific Plan (Ordinance No. 167,943) to amend the boundary of the Outer Corridor to exclude approximately 1.5 acres of the subject property. 7. Recommend that the City Council Disapprove a Code Amendment to establish the Universal City Specific Plan (UCSP) Zone and Recommend that the City Council Approve the [Q]C2-1-SN for the Project Site. 8. Recommend that the City Council Request that the Local Agency Formation Commission Consider a) an amendment to the City’s Sphere of Influence, and b) a Pre-Annexation Agreement and Annexation of land from the unincorporated area of the County of Los Angeles to the City of Los Angeles, and a Detachment of land to the unincorporated County of Los Angeles. 9. Recommend that the City Council Approve and Enter into a Development Agreement between Universal Studios, LLC and the City of Los Angeles to provide reasonable assurances to the Applicant with respect to its ability to implement the requested development approvals, with the provision to the City of certain public benefits with a term of 25-years for the entire Project Site. 10. Recommend that the City Council Adopt the attached Findings. 11. 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. 12. Advise the Applicant that pursuant to the State Fish and Game Code Section 711.4, a Fish and Game and/or Certificate of Game Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notices and Determination (NOD) filing. Staff: Marianna Salazar (213) 978-0092 1 The EIR prepared pursuant to MOU between the City of Los Angeles and Los Angeles County and designating the City of Los Angeles as Lead Agency and Los Angeles County as Responsible Agency. CITY PLANNING COMMISSION 7 SEPTEMBER 27, 2012 The next regular meeting of the City Planning Commission will be held at 8:30 a.m. on Thursday, October 11, 2012 City Hall 200 N. Spring Street Public Works Board Room 350 Los Angeles, CA 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. 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 8 SEPTEMBER 27, 2012

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