RECOMMENDATION REPORT

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Zone Change appealable to City Council by applicant, if disapproved in whole or in part. Expiration Date: November 11, 2008 Multiple Approval: Case No.: CPC 2007-1096-GPA-ZC CEQA No.

1 DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT Los Angeles City Planning Commission Date: September 11, 2008 Time: after 8:30 a.m.* Place: City Hall, 10th Floor 200 North Spring Street Los Angeles, CA Public Hearing: March 14, 2008 Appeal Status: General Plan Amendment not appealable. Zone Change appealable to City Council by applicant, if disapproved in whole or in part. Expiration Date: November 11, 2008 Multiple Approval: Case No.: CPC GPA-ZC CEQA No.: ENV MND Council No.: 15 Plan Area: Wilmington-Harbor City Specific Plan: Certified NC: Wilmington GPLU: Low Medium II Residential Zone: [Q]RD1.5-1XL-O Applicant: Glen Lund Representative: Raymond Medak PROJECT LOCATION: PROPOSED PROJECT: REQUESTED ACTION: 505 N. Marine Avenue Change of use of an Assembly Hall to an Import/Export Business within an existing onestory, 10,323 square foot building, providing 40 surface parking spaces, with proposed hours of operation Monday thru Saturday from 6:00 a.m. to 6:00 p.m. on an approximately 26,070 square foot site. 1.Pursuant to Section of the Municipal Code, a General Plan Amendment (Geographic Area 2) to the Wilmington-Harbor City Community Plan from Low Medium II Residential to Community Commercial. RECOMMENDED ACTIONS: 2. Pursuant to Section of the Municipal Code, a Zone Change from [Q]RD1.5-1XL- O (Restricted Density Multiple Dwelling Zone) to C2-1XL-O. 1. Disapprove and recommend that the City Council deny a General Plan Amendment from Low Medium II Density Residential to Community Commercial to the Wilmington-Harbor City Community Plan. 2. Disapprove and recommend that the City Council deny the requested Zone Change from [Q]RD1.5-1XL to C2-1XL- O without prejudice. 3. Adopt the attached Findings. S. GAIL GOLDBERG, AICP Director of Planning Betsy Weisman; Principal City Planner Madhu Kumar, Hearing Officer, Telephone:

2 CPC GPA-ZC Page 2

3 TABLE OF CONTENTS Project Analysis... A-1 Project Summary Background Issues Conclusion Findings...F-1 General Plan/Charter Findings Public Hearing and Communications...P-1 Exhibits: A Maps A1 Vicinity Map A2 Radius Map A3 - Existing and Requested Plan Amendment Maps B Site Plan

4 CPC GPA-ZC A-1 PROJECT ANALYSIS Project Summary The applicant is requesting a Plan Amendment from Low Medium II Residential (corresponding zones of RD1.5, RD2, RW2, RZ2.5) to Community Commercial Zone (corresponding zones of C1.5, C2, C4, RAS3, and P) and a Zone Change from [Q]RD1.5-1-XL-O (minimum area of 1,500 square feet per dwelling unit) to C2-1XL-O. The proposed project is a change of use of an Assembly Hall to an Import/Export Business within an existing one-story, 10,323 square foot building, providing 40 surface parking spaces, with proposed hours of operation Monday through Saturday from 6:00 a.m. to 6:00 p.m. on an approximately 26,070 square foot site. Background The subject property consists of two lots separated by an approximate 20-foot alley. An approximately 16,830 square foot lot on the northwest corner of Marine Avenue and E Street is improved with a single story, 22-feet tall, 10,323 square foot building constructed in 1952, identified as an Union Hall. It adjoins office buildings on the north side with frontage on Marine Avenue. The second approximately 9,240 square foot interior lot is located on the west side of the alley, currently improved with a surface parking lot. This lot abuts three single family dwellings on the west side and a vacant lot on the north side with frontage on Fries Avenue. Issues A public Hearing on this case was held in March attended by the applicant s representative and two other people who were in support of the proposed requests. The applicant was informed that the requests could not be granted since a Plan Amendment and Zone Change from Residential to Commercial on a single lot would result in spot zoning, and that an ADD Area should be considered. After further discussion internally with Community Planning staff and a field visit, it was decided that the three contiguous parcels immediately north of the subject site, fronting along the west side of Marine Drive, currently developed with office use, and facing commercial uses should be added to the proposed plan amendment. Excluded were the properties east of the alley which although has an auto repair facility on one of the lots is primarily improved with three single-family dwellings, a 4-unit apartment building, and a large vacant lot which could possibly introduce more commercial uses on this side. Further concern was that directly across Fries Avenue is a large LAUSD Elementary School, which would be impacted with commercial uses. The four lots fronting on F Street improved with small apartment buildings were also not included in the proposed Plan Amendment. Since the environmental document on the property had not considered the ADD areas, an Addendum (Reconsideration) was issued on June 3 rd. Since the physical nature and scale of the project had not changed from the original request, it was considered a minor technical change to the original MND for the project, and a recirculation of the MND was not required. Also, since these ADD Areas were not part of the Public Hearing Notice, it was decided that a Limited Public Hearing would be held at City Planning Commission to save the applicant time. Meanwhile, staff received phone calls from City Attorney and the Department of Building and Safety about an illegal block wall and gates on the subject property that blocked access to the alley, a source of complaints from the community, and that legal proceedings were underway

5 CPC GPA-ZC A-2 against the applicant. The applicant was made to comply with the regulations and the gate and an 8-foot high block wall were demolished to the allowed 3-6. At the next meeting with the applicant, staff requested a history of the illegal wall and gates, a Landscape Plan, a Conditional Use application and Findings for the surface parking lot which would not be part of the Plan Amendment and Zone Change, and the nature of the Import/Export business. The applicant described it as a wholesale fishing warehouse, where trucks would arrive around midnight with the catch of the day to be stored in the cold storage warehouse, from which around 4 a.m. trucks would take the fish to the market. This information was not noticed and transformed the use from an import/export business operating during daytime to a nighttime operation with truck traffic adjoining residential. Besides, it was not clear if such a use was even allowed in a commercial zone. The LAMC does not have a definition of an Import/Export business. The request should not have been accepted and noticed without knowing the nature of the use. The applicant was requested to verify this with Building and Safety. After further consideration, staff decided that the requested Plan Amendment and Zone Change should not be granted due to the possibility of obnoxious uses establishing there byright. Despite repeated s the applicant did not respond. Staff then found out from Building and Safety that warehousing and distribution facilities are allowed only in Industrial zones, and the requests for commercial were incorrect. The Hearing Notice did not include the proper Plan Amendment and Zone Change to industrial, due to the applicant not providing accurate information. As such, staff is recommending disapproval of the subject request. The Wilmington Neighborhood Council had also sent a letter in opposition to the request as noticed. They were concerned about commercial uses being introduced into a residential area. The Wilmington Community Plan is due to be updated in 2009, and the area can be studied for the type of uses that should be allowed in the area. SURROUNDING ZONES AND USES The entire area is truly a mixed use neighborhood, the way older cities were before zoning regulations started separating the uses. Every zone is represented within 500 feet radius of the subject site; industrial on the south side; commercial on the east; multiple family on the north and west; and single family further west. Also located on the west side is an LAUSD Elementary school that opened in September North: Adjoining properties are classified in the [Q]RD1.5-1XL-O zone and developed with office uses with frontage on Marine Drive, and single family, multiple family, auto repair and a large vacant parcel fronting on Fries Avenue. East: Properties across Marine Avenue are classified in the [Q]C2-1VL-O zone and developed with warehouses. South: Properties across E Street are classified in the [Q]MR-1VL-O zone and developed with aerospace manufacturing uses. West: Properties across Fries Avenue are classified in the [Q]RD1.5-1XL-O zone and developed with LAUSD Elementary school. STREETS AND CIRCULATION Marine Avenue is designated a Local Street, dedicated to a width of 80 feet.

6 CPC GPA-ZC A-3 Fries Avenue is designated a Secondary Highway, designated to a varying width of feet. Conclusion Staff recommends denial of the Plan amendment and the Zone Change which was not properly noticed as an industrial use with nighttime truck traffic instead of the daytime hours as stated on the Hearing Notice, and that even commercial uses would be an intrusion of more intensive uses into a residential area.

7 CPC GPA-ZC F-1 FINDINGS 1. General Plan Land Use Designation. The subject property is located within the Wilmington-Harbor City Community Plan area, adopted by the City Council on July 14, 1999 (Case No. CPC CPU). The Plan map designates the subject property for Low Medium II Residential with corresponding zones of RD1.5, RD2, RW2, RZ General Plan Text. The Wilmington-Harbor City Community Plan text includes the following relevant land use objectives, policies, programs, and standards: Goal 1. A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY : Protect existing single family residential neighborhoods from new, out-ofscale development. Objective 1-3: Eliminate incompatible and non-conforming uses from existing residential neighborhoods, to preserve the residential character of these neighborhoods and protect residents from adverse environmental impacts caused by such uses. Policy 1-6.1: The enlargement of nonconforming, incompatible commercial and industrial uses within areas designated on the Plan map for residential land use shall be prohibited, and action shall be taken toward their removal on a scheduled basis in conformance with Section of the Municipal Code. To preserve and enhance the varied and distinct residential character and integrity in existing single and multi-family neighborhoods. Based on these policies and standards, the existing Residential plan designation and zone is appropriate for the subject area and commercial and industrial uses should not be allowed to encroach any further in this block. 3. City Charter Section 556 and 558: The requested General Plan amendment from Low Medium II Residential (corresponding zones of RD1.5, RD2, RW2, RZ2.5) to Community Commercial (corresponding zones of C1.5, C2, C4, RAS3, and P) and a Zone Change from [Q]RD1.5-1XL-O (minimum area of 1,500 square feet per dwelling unit) to C2-1XL-O is not consistent with the residential uses in this block. Even though the surrounding uses include commercial and industrial uses, the area also contains moderate priced housing, and any further inroads of commercial/industrial uses into the areas designated for residential would reduce this much-needed housing stock. An industrial use such as a fishing business with nighttime truck traffic would introduce a nuisance use and have adverse environmental impacts on the residents. Additionally, the Wilmington-Harbor City Community Plan already has a large concentration of industrially designated lands (2,044 acres) at 31.4% of the total area compared to 28.5% (1,861 acres) for residential uses. Industrial uses should be confined to areas designated for them instead of encroaching into limited residential areas. Additionally, the enlargement of nonconforming, incompatible commercial and industrial uses within areas designated on the Plan map for residential land use is prohibited by Policy of

8 CPC GPA-ZC F-2 the Community Plan. Any Plan Amendment and Zone Change in the neighborhood should be part of the Community Plan Update, which is due to start next year with input from the community. The area is already a mix of incompatible uses located within 500 feet, and any further introduction of more intense uses would create adverse impacts to the adjacent residential and elementary school. 4. Zone Change, L.A.M.C. Sec F: Pursuant to Section 12.32C7 of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. The requested Zone Change from [Q]RD1.5-1XL-O (minimum area of 1,500 square feet per dwelling unit) to C2-1XL-O is not in conformance with the public necessity, convenience, general welfare or good zoning practice, for reasons stated above.

9 CPC GPA-ZC P-1 PUBLIC HEARING AND COMMUNICATIONS Summary of Public Hearing Testimony and Communications Received The Public Hearing on this matter was held at City Hall, 200 North Spring Street, 10 th Floor Hearing Room, Los Angeles, CA on March 14, The Hearing was attended by the applicant s representative and two members of the Community who identified themselves as real estate agents in support of the project. Three letters in opposition were received. A letter from the Wilmington-Harbor City Neighborhood Council and a community member opposed the project because they said that the community is working towards separation of residential and commercial/industrial zones and this project would be an intrusion of a commercial operation into a residential neighborhood. The third letter from a commercial property owner, while nor opposed to the requests, objected to the illegal blocking of the alley for public use by the applicant, and that if the alley was to have gates, then all the other adjoining owners should be provided with keys. The applicant submitted six form letters in support of the subject project.

RECOMMENDATION REPORT

DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT City Planning Commission Date: August 27, 2009 Time: After 8:30 AM Place: City Hall 200 North Spring Street Los Angeles, CA 90012 Public Hearing: Completed