City Planning Commission

Información en Español acerca de esta junta puede ser obtenida Ilamando al (213) 978-1300 CITY PLANNING COMMISSION REGULAR MEETING THURSDAY, NOVEMBER 21, 2013, after 8:30 a.m. VAN NUYS CITY HALL, COUNCIL CHAMBER 2ND FLOOR 14410 SYLVAN STREET, VAN NUYS, CALIFORNIA 91401 Rene Dake Wilson, AIA, President Michael J. LoGrande, Director Dana Perlman, Vice President Alan Bell, AICP, Deputy Director Robert L. Ahn, Commissioner Lisa M. Webber AICP, Deputy Director David H. Ambroz, Commissioner Eva Yuan-McDaniel, Deputy Director Maria Cabildo, Commissioner Caroline Choe, Commissioner Richard Katz, Commissioner John W. Mack, Commissioner Marta Segura, Commissioner James K. Williams, Commission Executive Assistant II 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 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. 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 three working days (72 hours) prior to the meeting by calling the Commission Executive Assistant at (213) 978-1300 or by e-mail at CPC@lacity.org. 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: 2. COMMISSION BUSINESS A. Advance Calendar B. Commission Request C. Minutes of Meeting – November 14, 2013 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 NOVEMBER 21, 2013 4. CPC-2013-555-ZC-SPR Council District: 10 – Wesson CEQA: ENV-2013-556-MND Expiration Date: 11-21-13 Ext. Plan Area: Wilshire Appeal Status: SPR Appealable to City Council; ZC appealable by applicant if disapproved in whole or in part PUBLIC HEARING – Completed on August 21, 2013 - Continued from the October 10, 2013 and October 24, 2013 meetings Location: 3640-3642 WILSHIRE BOULEVARD (667-675 S. HARVARD BOULEVARD) Proposed Project: The construction, use and maintenance of a 7-story apartment building with 209 dwelling units and 288 on-site parking spaces. The site is currently improved with a parking lot. Requested Actions: 1. Pursuant to LAMC Section 12.32-F, a Zone Change from C4-2 and PB-2 to [T][Q]C4-2. 2. Pursuant to LAMC Section 16.05, a Site Plan Review for a residential development consisting of 209 dwelling units. 3. Pursuant to Section 21082.1(c)(3) of the California Public Resources Code, the consideration of Mitigated Negative Declaration No. ENV-2013-556-MND and the required findings. Applicant: Paul Kim, 3640 Wilshire, LLC Representative: Christopher Pak, Archeon International Group Recommended Actions: 1. Approve and Recommend that the City Council adopt a Zone Change from C4-2 and PB-2 to (T)(Q)C4-2, consistent with the Regional Center Commercial land use designation. 2. Approve a Site Plan Review for a residential development consisting of 209 dwelling units. 3. Adopt the Findings. 4. Adopt Mitigated Negative Declaration No. ENV-2013-556-MND. 5. Recommend that the applicant be advised that time limits for effectuation of a zone in the “Q” Qualified Classification and “T” Tentative Classification are specified in LAMC Section 12.32-G. 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. 6. 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. 7. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. Staff: Jae Kim (213) 978-1383 CITY PLANNING COMMISSION 3 NOVEMBER 21, 2013 5. CPC-2012-2894-ZC-GPA Council District: 10 – Wesson CEQA: ENV-2012-2895-ND Expiration Date: 1-6-14 Plan Area: Wilshire Appeal Status: ZC appealable by applicant if disapproved in whole or in part PUBLIC HEARING Location: 3525 W. 8TH STREET Proposed Project: The applicant seeks a Zone/Height District Change and General Plan Amendment at 3525 W. 8th Street, with no proposed development project for the subject site. The application is for a Zone Change to change lots 77 and 115 of Tract 2189 from zones R3-2 and R4-2 to (Q)C2-1 and General Plan Amendment to change the land use designation from High Medium Residential to Neighborhood Commercial. The lots are currently used for surface parking that serves a 104,998 square foot supermarket and retail establishment located on W. 8th Street between Oxford Avenue and Serrano Avenue. A Zone Change to (Q)C2-1 was previously approved for the four southerly lots (79, 80, 112, and 113) adjacent to 8th Street in 2008 (CPC-2006-9524-ZC-CUB-CU-SPR; Ordinance 180,559). Additionally, the applicant is requesting a zone change to amend Ordinance No. 180,559 by removing “Q” qualified Condition No. 1c to allow for full service restaurants and modifying Condition No. 9 to allow for additional signage as indicated. Requested Actions: 1. Pursuant to Section 21082.1(c)(3) of the California Public Resources Code, Adopt and Find the Negative Declaration ENV-2012-2895-ND is adequate and no additional environmental clearance is necessary. 2. Pursuant to Section 12.32 of the Municipal Code, a Zone/Height District Change from R3-2 and R4- 2 (multiple-family dwelling zone), to (Q)C2-1 (Neighborhood Commercial zone) for lots 77 and 115 of Tract 2189. 3. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment to the Wilshire Community Plan to change the land use designation of the parcels located at lots 77 (736 S. Oxford Avenue) and 115 (739 S. Serrano Avenue) of Tract 2189 from High Medium Residential to Neighborhood Commercial Land Use Designation. 4. Pursuant to Section 12.32 of the Municipal Code, a Zone Change to amend Ordinance No. 180,559 by deleting “Q” qualified condition No. 1c and modifying “Q” qualified condition No. 9 per the submitted Sign Exhibit. Applicant: Kenneth Lee Representative: Bill Robinson Recommended Actions: 1. Adopt the Negative Declaration, ENV-2012-2895-ND, for the above referenced project pursuant to Section 21082.1(c)(3) of the California Public Resources Code. 2. Approve and recommend that the City Council approve the General Plan Amendment from High Medium Density Residential to Neighborhood Commercial Land Use Designation, for the parcels located at lots 77 (736 S. Oxford Avenue) and 115 (739 S. Serrano Avenue) of Tract 2189. 3. Approve and recommend that the City Council approve the Zone/Height District Change from R3-2 and R4-2 (multiple-family dwelling zone), to (Q) C2-1 (Neighborhood Commercial zone) for lots 77 and 115 of Tract 2189, with the attached conditions of approval. 4. Approve and recommend that the City Council adopt a Zone Change to amend Ordinance No. 180,559 by deleting “Q” qualified condition No. 1c, and modifying “Q” qualified Condition No. 9 to require signage per Section 14.4 of the LAMC. CITY PLANNING COMMISSION 4 NOVEMBER 21, 2013  5. Deny the request to amend Ordinance No. 180,559 by modifying “Q” qualified Condition No. 9 per the submitted Sign Exhibit. 6. Adopt the findings. 7. 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. Staff: Debbie Lawrence (213) 978-1163 6. DIR-2012-2836-DB-SPR-CDO-1A Council District: 11 – Bonin CEQA: ENV-2012-2837-MND Expiration Date: 11-30-13 Plan Area: Brentwood-Pacific Palisades Appeal Status: Not further appealable PUBLIC HEARING Location: 12027-12035 WILSHIRE BOULEVARD Proposed Project: Density Bonus Incentive, Site Plan Review and Community Design Overlay Plan Approval for the new construction of a six-story, 75-feet in height, mixed-use building comprised of 81 dwelling units and 7,435 square feet of retail/commercial over two subterranean parking levels with 118 parking spaces. Requested Actions: Appeal of the Director of Planning’s Conditional Approval of a Density Bonus Incentive, Site Plan Review and Community Design Overlay Plan Approval, pursuant to Los Angeles Municipal Code (LAMC) Sections 12.22 A.25, 16.05 and 13.08, and of the Director of Planning’s Adoption of the Mitigated Negative Declaration (ENV-2012-2837-MND), as modified, as the project’s environmental clearance. Applicant: John Warfel, Metropolitan Pacific Real Estate Group Representative: Jonathan Lonner, Burns & Bouchard Appellant: George Kalman, GE RealProp, LP Recommended Actions: 1. Deny the appeal of the Director of Planning’s conditional Approval of a Density Bonus Incentive, Site Plan Review and Community Design Overlay Plan Approval. 2. Sustain the Determination of the Director of Planning in approving a Density Bonus Incentive, Site Plan Review and Community Design Overlay Plan Approval for the new construction of a six-story, 75-feet in height, mixed-use building comprised of 81 dwelling units and 7,435 square feet of retail/commercial over two subterranean parking levels with 118 parking spaces. 3. Adopt the Mitigated Negative Declaration, as modified (ENV-2012-2837-MND). Staff: Naomi Guth (213) 978-1171 CITY PLANNING COMMISSION 5 NOVEMBER 21, 2013 7. CPC-2005-6656-AD-GPA-ZC-DA Council District: 12 – Englander CEQA: ENV-2005-6657-EIR Expiration Date: 11-21-13 Plan Area: Chatsworth-Porter Ranch Appeal Status: ZC appealable by applicant if disapproved in whole or in part PUBLIC HEARING – Completed on September 23, 2011 Location: 12100 BROWN’S CANYON ROAD Proposed Project: Demolition of an existing single-family dwelling, accessory building, barn, corral and equestrian facility for the phased construction of a gated residential community, on a total 285-acre site, to be developed as follows: 188 single-family residential lots (25 of which will be Equine Keeping, Residential Lots), to be constructed with two-story, approximately 36 feet in height homes, on approximately 143 acres; a public park, to include baseball/softball fields, soccer fields, a basketball court, a children's playground and equestrian and hiking trails and paths, a community meeting room, restrooms and parking for 100 vehicles, on approximately 19 acres; replacement and relocation of the existing Mountain Meadows Equestrian Center, accommodating up to 120 horse stalls, 30 trailer storage stalls, two arenas, a hot walker, two wash racks, two (2) caretaker’s houses, a manager’s house and 30 parking spaces, on approximately 15 acres; a total of two (2) miles of public equestrian and hiking trails within the property; and approximately 123 acres of preserved open space, deed restricted and covenanted with the Department of Recreation and Parks to remain undeveloped in perpetuity, and maintained by the Hidden Creeks Estates Homeowners Association (HOA), or deeded to a public or non-profit agency. (Note: Vesting Tentative Tract No. 68724 has been filed for Hidden Creeks Estates, as well as a Conditional Use to allow the boarding or training of equines, riding academies or stables in the RA Zone, and a Zoning Administrator Determination regarding the number and height of retaining walls on certain lots within the proposed subdivision, and will require a separately-noticed public hearing before the Deputy Advisory Agency and the Zoning Administrator at a later date but prior to City Council consideration of the entitlements herein). Requested Actions: 1. Pursuant to California Government Code Section 56000 et seq., Annexation of the subject property (approximately 285 acres) from unincorporated territory of Los Angeles County, to the City of Los Angeles. 2. Pursuant to Section 11.5.6 of the Los Angeles Municipal Code (LAMC), pre-annexation General Plan Amendments to the Chatsworth-Porter Ranch Community Plan. The requested General Plan Land Use Designations are from unincorporated territory of Los Angeles County Non-Urban to Los Angeles City Open Space, Minimum Density Residential, Very Low I Density Residential, and Very Low II Density Residential. 3. Pursuant to Section 11.5.6 of the LAMC, a pre-annexation General Plan Amendment to the Framework Element, Figure 4.1, City Sub-regions Map, to include the site in the Northwest Valley Sub-region. 4. Pursuant to Section 12.35 of the LAMC and California Government Code Section 65859, pre- annexation Zone Changes from unincorporated territory of Los Angeles County zoned A-2-1 to City of Los Angeles OS-1 (Open Space), A1-1 (Agricultural), RA-1 (Suburban), and RE11-1-H (Residential Estate - Hillside). 5. Pursuant to Section 65864-65869.5 of the California Government Code and the City implementing procedures, a pre-annexation Development Agreement between Forestar (USA) Real Estate Group, Inc., and the City of Los Angeles. The Development Agreement is intended to provide reasonable assurances to the Applicant with respect to their ability to implement proposed Project Approvals, with the Applicant providing the City with certain public benefits. CITY PLANNING COMMISSION 6 NOVEMBER 21, 2013  6. Pursuant to Section 21082.1(c)(3) of the California Public Resources Code, Certification of an Environmental Impact Report (ENV-2005-6657-EIR) for the above-referenced project. Adoption of the proposed Mitigation Monitoring Program and the required findings for the adoption of the EIR. Adoption of a Statement of Overriding Considerations, setting forth the reasons and benefits of adopting the EIR with full knowledge that temporary, significant and unavoidable environmental impacts, related to construction noise and air quality, would occur. Applicant: Forestar USA Real Estate Group, Inc. Representative: Wayne Avrashow, Kevin McDonnell Recommended Actions: 1. Disapprove the requested actions as filed. 2. Approve and recommend that the City Council adopt the attached Resolution (Exhibit C-1) of pre- annexation General Plan Amendments to the Chatsworh-Porter Ranch Community Plan, the General Plan Framework Element, and the Transportation Element of the General Plan, as detailed on the attachments to Exhibit C-1, to become effective when the annexation becomes effective. 3. Approve and recommend that the City Council adopt pre-annexation zoning of unincorporated territory of Los Angeles County to City of Los Angeles zoning OS-1XL (Open Space), [T][Q]A1-1XL (Agricultural), [T][Q]RA-1-K (Suburban), and [T][Q]RE11-1-H (Residential Estate - Hillside), as shown on Exhibit C-2, subject to the attached conditions of approval, to become effective when the annexation becomes effective. 4. Approve and recommend that the City Council adopt, pursuant to LAMC Section 13.05 B.1, the attached Draft Ordinance to establish a pre-annexation Equinekeeping “K” Supplemental Use District within the approximately 36-acre, RA-1 Zone portion of the site, as shown on Exhibit C-3, to become effective when the annexation becomes effective. 5. Approve and recommend that the City Council adopt the pre-annexation Development Agreement by and between the City of Los Angeles and Forestar (USA) Real Estate Group, Inc., dated 11-01- 2013; attached as Exhibit C-4, to become effective when the annexation becomes effective. 6. Incorporate and recommend that the City Council approve the recommendation of the City Council’s Boundary Adjustment Board, as detailed in the City Administrative Officer’s Report, attached as Exhibit F-1, regarding a guarantee from the project applicant that the project will remain cost neutral to the City for a minimum of 5 years after the start of the construction phase of the project, by requiring that the Letter Agreement signed by the applicant, attached as Exhibit F-2, be included as a condition of the pre-annexation zone change and the pre-annexation Development Agreement. 7. Approve and recommend that the City Council certify Environmental Impact Report No. ENV-2005- 6657-EIR, a copy of which is contained in the administrative case file, and Adopt the Environmental Mitigation Monitoring Program. 8. Adopt the Findings, including the Statement of Overriding Considerations. 9. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that any 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. 10. 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. Staff: Dan O’Donnell (818) 374-9907 CITY PLANNING COMMISSION 7 NOVEMBER 21, 2013  The next scheduled regular meeting of the City Planning Commission will be held at 8:30 a.m. on Thursday, December 12, 2013 City Hall Public Works Board Room 200 N. Spring Street 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 NOVEMBER 21, 2013