LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT

Transcription

1 LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT CITY PLANNING COMMISSION DATE: September 28, 2006 TIME: after 8:30 a.m.* PLACE: Van Nuys City Hall Sylvan Street Room 201, Council Chambers Van Nuys, California Public Hearing completed on June 30, 2006 Zone Change appealable to City Council by applicant if disapproved in whole or in part Expiration Date: December 27, 2006 CASE NO. CPC GPA-ZC PLAN AMENDMENT, ZONE CHANGE CEQA: ENV MND Location: Wheeler Avenue Council District: 7 Plan Area: Sylmar Plan Land Use: Low Density Residential Neighborhood Council: Sylmar Zone: A1-1-K and A1-1 District Map: 225B157 Legal Description: Lot PT 33, Arb 4, 7, and 13, TR THE MACLAY RANCHO REQUEST: 1. Pursuant to procedures set forth in Section of the Municipal Code, a General Plan Amendment (Periodic Plan Review for Window No. 157, Geographic Area 1) to the Sylmar Community Plan from Low Density Residential to Low Medium I Density Residential; 2. Pursuant to Section of the Municipal Code, a Zone Change from A1-1-K (Agricultural Zone/Equinekeeping District) to RD3-1-K (Restricted Density Multiple Dwelling Zone/Equinekeeping District) and RD6-1 (Low Density Residential Zone) PROJECT: APPLICANT: Demolition of two single family dwellings, and the retention of an existing single family dwelling, and construction of 32 detached condominium units, 2 stories high, providing 66 resident parking spaces, and 24 guest parking spaces, for a total of 90 parking spaces, on an approximately 130,000 square foot site. (Note: A Tentative Tract Map for a two-lot subdivision and condominium purposes has yet to be filed and will require a separate public notice and hearing before the Advisory Agency at a later date.) Jim Brewer, Spiegel Development Inc. RECOMMENDATION: 1. Deny the Plan Amendment request. 2. Deny the Zone Change request as filed. 3. Approve and recommend that the City Council adopt a Zone Change from A1-1-K to (T)(Q)RD6-1-K, subject to the attached Conditions of Approval. 4. Recommend that the applicant be advised that time limits for effectuation of a zone in the T Tentative or Q Qualified classification are specified in Section 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. 5. Approve and recommend that the City Council adopt Mitigated Negative Declaration No. ENV MND. 6. Adopt the attached Findings. 7. Advise the applicant that, pursuant to California State Public Resources Code Section , 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.

2 CPC GPA-ZC 8. 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. S. Gail Goldberg Director of Planning Dan Scott, Principal City Planner Madhu Kumar, Hearing Officer (213) TABLE OF CONTENTS Background and Summary...S-1 T-Classfication...T-1 Q-Classification...Q-1 Findings...F-1 Attachments Exhibit A: Vicinity map Exhibit B: Radius map Exhibit C: Site Plan Exhibit D: ENV MND Exhibit E: Aerial Photo ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 532, City Hall, 200 North Spring Street, Los Angeles, CA (Phone No ). While all written communications are given to the Commission for consideration, the initial packets are sent to the week prior to the Commission s meeting date. 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 agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to its programs, services and activities. 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 not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213)

3 CPC GPA-ZC T-1 CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL Pursuant to Los Angeles Municipal Code Section G, the (T) Tentative Classification shall be removed by the recordation of a final tract map or by posting of guarantees through the B-permit process of the City Engineer to secure the following without expense to the City of Los Angeles, with copies of any approvals or guarantees provided to the Planning Department for attachment to the subject City Plan case file. 1. Dedication(s) and Improvements: Prior to the issuance of any building permits, public improvements and dedications for streets and other rights-of-way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional, and Federal government agencies, as may be necessary). A. Responsibilities/Guarantees. 1. As part of early consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer. 2. Prior to issuance of sign-offs for final site plan approval and/or project permits by the Department of City Planning, the applicant/developer shall provide written verification to the Department of City Planning from the responsible agency acknowledging the agency's consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to the project design required by a public agency shall be documented in writing and submitted for review by the Department of City Planning. 2. Street Dedication and Improvements: Prior to the issuance of any building permit, the applicant shall provide the necessary dedications and public improvements to adjacent streets and alleys to the satisfaction of the City Engineer. 3. Street Lighting: Installation of street lights to the satisfaction of the Bureau of Street Lighting. If new street light(s) are required, the property within the boundary of the development shall be formed or annexed into a Street Lighting Maintenance Assessment District prior to final recordation or issuance of the certificate of Occupancy. 4. Street Trees: Construct tree wells and plant street trees to the satisfaction of the Urban Forestry Division of the Bureau of Street Services. 5. Sewers: Construct sewers to the satisfaction of the City Engineer. 6. Drainage: Construct drainage facilities to the satisfaction of the City Engineer.

4 CPC GPA-ZC T-2 7. Parking/Driveway Plan. Submit a final site plan for parking and driveway to the Bureau of Engineering and the Department of Transportation Valley Development Review office for approval. The project shall comply with the Bureau of Engineering s requirements for street dedications and improvements that will reduce traffic impacts in direct proportion to those caused by the proposed project s implementation. 8. The requirements of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: a. Fire lanes, where required, shall be a minimum of 20-feet in width; b. All structures shall be within 300-feet of an approved fire hydrant; c. Entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane. 9. The applicant shall make any necessary arrangements with the appropriate cable television franchise holder to assure that cable television facilities will be installed in City right-of-way in the same manner as is required of other facilities, pursuant to Municipal Code Section N, to the satisfaction of the Information Technology Agency (ITA). 10. Applicant shall make payment of school fees to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area. 11. Per Section of the Municipal Code, the applicant shall dedicate land for park or recreational purposes or pay the applicable Recreation and Park fees to the satisfaction of the Department of City Planning and Department of Recreation and Parks. 12. Covenant: Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded by the property owner in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. Further, the agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder's number and date must be given to the City Planning Department for attachment to the subject file. Notice: Certificates of Occupancies for the subject property will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.), as required herein, are completed to the satisfaction of the City Engineer.

5 CPC GPA-ZC Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section G of the Municipal Code, the following limitations are hereby imposed upon the use of the subject property, subject to the Q Qualified classification. A. Entitlement Conditions 1. Use. Use of the property shall be limited to the use and area provisions of the RD6-1-K zone. 2. Plans. Prior to the issuance of any permits for the subject project, detailed development plans, including a complete landscape plan shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. Minor deviations may be allowed in order to comply with provisions of the Municipal Code and the intent of the subject permit authorization. 3. Height. The height of all buildings and structures on the subject property shall not exceed 25 feet, as defined by Sections and B 3 of the L.A.M.C. Any structures on the roof, such as air condition units and other equipment, shall be fully screened from view of any abutting properties. 4. Building Orientation. The dwelling units located closest to the front lot line shall have entry doors, windows and walkways oriented towards the streets they face to the satisfaction of the Planning Department. 5. Parking. Residential parking shall be provided pursuant to Los Angeles Municipal Code Sections A 4 and any amendment thereto. One-half parking space per dwelling unit shall be required for guest parking in addition to the required tenant parking for condominium dwelling units. a. Tandem parking may be used only for the spaces which are assigned and designated for a single residential unit. b. Guest parking sign(s) shall be clearly posted at building entrance(s). The sign(s) shall be in large, easy to read lettering and shall indicate the general location of guest parking. Sign wording shall be to the satisfaction of the Planning Department and shall indicate the number of reserved guest parking spaces. c. If any guest parking is located behind security gates, the following shall apply: 1) A remote electronic gate opening system shall be installed so that the security gate can be opened from each residential unit served by the secured guest parking. 2) An electronic intercommunication system shall be installed. The system shall be readily accessible to the drivers of guest vehicles and to the units served by the secured guest parking.

6 CPC GPA-ZC Q-2 3) If there is a security gate, then it shall be set back from the public right-ofway so as to provide a waiting area for guest vehicles and to prohibit blockage or interference with the public right-of way by waiting guest vehicles. 4) Alternatives to the provisions of this condition may be approved by the Planning Department provided that the intent of readily accessible guest parking facilities and no interference with the public right-of-way is assured. 6. Wall and Landscaped Buffer. A 6-foot high solid decorative masonry wall shall be constructed along the property line adjacent to any residential use, if no such wall exists. This wall shall contain along its length, a landscaped buffer. The buffer shall include fast growing plant materials that will provide buffer for adjacent properties. 7. Light. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties. 8. Trash. If trash storage areas are installed, they shall be fully enclosed by a solid decorative masonry wall, a minimum of 6 feet in height. There shall be no openings except for gates. Trash receptacles shall be located at the furthest distance away from habitable rooms as possible. 9. Graffiti. Every existing building, structure, or portion thereof shall be maintained in a safe and sanitary condition and good repair. The premises of every building or structure shall be maintained in good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section The exterior of all privately owned buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section B. Environmental Conditions 10. Landscape Plan. All open areas not used for buildings, driveways, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan, including an automatic irrigation plan, prepared consistent with the landscape provisions of Sections through of the Municipal Code by a licensed landscape architect to the satisfaction of the Planning Department. 11. Air Pollution (Stationary). The applicant shall install air filtration system(s) to reduce the diminished air quality effects on occupants of the project. 12. Tree Removal (Non-Protected Trees). Prior to the issuance of a grading permit, a plot plan shall be prepared by a reputable tree expert, indicating the location, size, type, and condition of all existing trees on the site, and shall be submitted for approval to the Department of City Planning and the Urban Forestry Division of the Bureau of Street Services. All trees in the public right-of-way shall comply with the current standards of the Urban Forestry Division. The plan shall contain measures recommended by the tree expert for the preservation of as many trees as possible. Tree replacement by 24-inch box trees in the parkway and on the site, on a 1:1

7 CPC GPA-ZC Q-3 basis, shall be required for the unavoidable loss of desirable trees on the site, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the Department of City Planning. (Note: Removal of all trees in the public right-of-way shall require approval of the Board of Public Works. Contact the Urban Forestry Division at ). 13. Tree Removal (Protected Trees). Prior to the issuance of a grading permit, the applicant shall submit a tree report and landscape plan prepared by a Municipal Code-designated tree expert as designated by LAMC Ordinance No , for approval by the Department of City Planning and the Urban Forestry Division of the Bureau of Street Services. A minimum of two protected trees (15-gallon, or larger specimen, measuring one inch or more in diameter at a point one foot above the base, and not less than seven feet in height, measured from the base) shall be planted for each one that is removed to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the Advisory Agency. (Note: All oak tree removals shall be approved by the Board of Public Works on sites more than one acre in size. Contact the Urban Forestry Division at ). 14. Protected Trees Bonding. The developer shall post a cash bond or other assurances acceptable to the Bureau of Engineering in consultation with the Urban Forestry Division and Department of City Planning guaranteeing the survival of trees required to be maintained, replaced or relocated in such a fashion as to assure the existence of continuously living trees for a minimum of three years from the date that the bond is posted or from the date such trees are replaced or relocated, whichever is longer. Any change of ownership shall require that the new owner post a new protected tree bond to the satisfaction of the Bureau of Engineering. Subsequently, the original owner s protected tree bond may be exonerated. The City Engineer shall use the provisions of Section of the Municipal Code as its procedural guide for satisfaction of said bond requirements and processing. Prior to exoneration of the bond, the owner of the property shall provide evidence satisfactory to the City Engineer and Urban Forestry Division that the protected trees were properly replaced, the date of the replacement, and the survival of the replacement trees for a period of three years. 15. Construction (Air Quality). a. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. b. The owner or contractor shall maintain the construction area sufficiently dampened to control dust caused by grading, construction and hauling, and at all times provide reasonable control of dust caused by wind. c. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust. d. All materials transported off-site shall be either sufficiently watered or securely covered to prevent the generation of excessive amounts of dust.

8 CPC GPA-ZC Q-4 e. All clearing, grading, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent the generation of excessive amounts of dust. f. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 16. Construction (Noise). The project shall comply with the City of Los Angeles Noise Ordinance Nos. 144,331 and 161,574, and any subsequent ordinances, which prohibit the emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible. a. Construction shall be restricted to the hours of 7:00 AM to 6:00 PM Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. b. Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously that causes high noise levels. c. The project contractor shall use power construction equipment with state-ofthe-art noise shielding and muffling devices. d. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, to insure an acceptable interior noise environment. 17. General Construction. a. All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle construction materials, including solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non recyclable materials and wastes shall be removed to an appropriate landfill. Toxic wastes shall be discarded at a licensed regulated disposal site. b. Clean up leaks, drips and spills immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. c. Do not hose down pavement at material spills. Use dry cleanup methods whenever possible. d. Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. e. Use gravel approaches where truck traffic is frequent to reduce soil compaction and limit the tracking of sediment into streets. f. Conduct all vehicle/equipment maintenance, repair, and washing away from storm drains. All major repairs are to be conducted off-site. Use drip pans or drop clothes to catch drips and spills. 18. Stormwater and Urban Runoff Pollution Control. The project shall comply with

9 CPC GPA-ZC Q-5 the following: a. Ordinance Nos. 172,176 and 173,494 (Stormwater and Urban Runoff Pollution Control), which require the application of Best Management Practices (BMPs). b. Chapter IX, Division 70 of the Municipal Code, which addresses grading, excavations, and fills. c. The Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the Los Angeles Regional Water Quality Control Board (A copy of the SUSMP can be downloaded at d. Applicable requirements associated with the National Pollutant Discharge Elimination System Permit regulations. The developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to the issuance of any building or grading permits. A General Permit for Stormwater Discharge shall be obtained from the Southern California Regional Water Quality Board, in accordance with NOI instructions. e. Stormwater BMPs shall be incorporated to retain or treat the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate shall be required from a California licensed civil engineer or licensed architect that the proposed BMPs comply with this numerical threshold standard. f. A Stormwater Pollution Prevention Plan shall be prepared by a California licensed civil engineer or licensed architect, to the satisfaction of the Stormwater Management Division of the Bureau of Sanitation, that shall include the following: 1) Identifies the sources of sediments and other pollutants that affect the quality of storm water discharge; 2) A monitoring program and reporting plan for the construction period. The Stormwater Pollution Prevention Plan shall be retained at the construction site. g. Appropriate erosion control and drainage devices shall be incorporated, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section of the Building Code. h. Any connection to the sanitary sewer shall be required to receive authorization by the Bureau of Sanitation. i. All storm drain inlets and catch basins within the project area shall be stenciled with prohibitive language (such as NO DUMPING - DRAINS TO

10 CPC GPA-ZC Q-6 OCEAN ) and/or graphical icons to discourage illegal dumping. j. The owner shall record a covenant and agreement satisfactory to the Department of City Planning binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and/or per manufacturer s instructions. k. Design an efficient irrigation system to minimize runoff including: (1) drip irrigation for shrubs to limit excessive spray; (2) shutoff devices to prevent irrigation after significant precipitation; and (3) flow reducers. 19. Asbestos Containing Materials. Prior to the issuance of the demolition permit, the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant that no asbestos containing materials are present in the building. If asbestos containing materials are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District s Rule 1403 as well as all other state and federal rules and regulations. 20. Haul Routes. Project shall get approval of a haul route from the Department of Building and Safety. The applicant shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety. Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive nuisances. C. Other Conditions 21. Posting of Construction Activities. The adjacent residents shall be given regular notification of major construction activities and their duration. A visible and readable sign (at a distance of 50 feet) shall be posted on the construction site identifying a telephone number for inquiring about the construction process and to register complaints. 22. Construction-related Parking. Off-street parking shall be provided for all construction-related employees generated by the proposed project, except on-street construction-related employee parking may be permitted along the west side of Balboa Boulevard, in accordance with any posted parking restrictions. No employees or subcontractor shall be allowed to park on the surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of construction vehicles, including vehicles to transport workers on any residential street in the immediate area. All construction vehicles shall be stored on site unless returned to their owners base of operations. 23. Truck Traffic Restricted Hours. Truck traffic directed to the project site for the purpose of delivering materials or construction-machinery shall be limited to the hours beginning at 9:00 AM and ending at 3:00 PM, Monday through Friday. No truck deliveries shall occur outside of that time period. No truck queuing related to such deliveries to the project site shall occur on any local or collector street within the project vicinity outside of that time period. 24. Maintenance. The subject property (including any trash storage areas, associated

11 CPC GPA-ZC Q-7 parking facilities, sidewalks, driveways, yard areas, parkways and exterior walls along the property lines) shall be maintained in an attractive condition and shall be kept free of trash and debris. 25. Covenants, Conditions, and Restrictions (CC&R s). For all lots, a notice to all buyers and future buyers that no habitable room may be built in a K district within 35 feet (75 feet from neighbors in a non K district) of the equine keeping structure (where horse is provided food and water). Further, that the provisions of Ordinance No. 157,144, which became effective on November 22, 1982, regulates the keeping of horses both in and out of K equine keeping districts. The ordinance imposes certain requirements on the location of new structures and gives owners of horses being kept on adjacent lots other rights. The application of this ordinance to specific projects should be verified with the Department of Building and Safety prior to applying for building permits. The keeping of animals, including horses, shall not be prohibited by the covenants, conditions and restrictions. (Covenant and Agreement). D. Administrative Conditions 26. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Planning Department for placement in the subject file. 27. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions may vary. 28. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded in the County Recorder s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder s number and date shall be provided to the Planning Department for attachment to the file. 29. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation. 30. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Planning Department and any designated agency, or the agency s successor and in accordance with any stated laws or regulations, or any amendments thereto. 31. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the City Planning Department and the Department of Building and Safety. 32. Corrective Conditions. The authorized use shall be conducted at all times with due

12 CPC GPA-ZC Q-8 regard to the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section of the Municipal Code, to impose additional corrective conditions, if in the Commission s or Director s opinion, such actions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 33. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

13 CPC GPA-ZC F-1 FINDINGS 1 General Plan Land Use Designation. The subject property is located within the area covered by the Sylmar Community Plan, adopted by the City Council on August 8, 1997 (Case No. CPC CPU). The Plan map designates the subject property for Low Density Residential, with corresponding zones of RE9, RS, R1 and RD6. 2. General Plan Text. The Sylmar Community Plan text includes the following relevant land use goals, objectives, policies and programs: Goal 1: A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY. Objective 1-1: To provide for the preservation of existing housing and for the development of new housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year Policy 1-1.1: Program: Policy1-1.2: Program: Policy 1-1.3: Program: Designate lands to provide for single and multi-family residential development. The Plan Map identifies specific areas where single-family and multi-family residential development is permitted. Protect existing stable single-family residential neighborhoods from encroachment by higher density residential and other incompatible uses. The Plan Map identifies lands where only single-family residential development is permitted; it protects these areas from encroachment by designating where appropriate, transitional residential densities which serve as buffers. The City shall ensure that parcel maps and subdivisions for residential projects within neighborhoods having a predominance of horsekeeping properties classified in the Equinekeeping District shall be developed consistent with intent and purpose of the K District. Implementation of the Community Plan Map which designates areas to be developed as low density, single-family residential areas which are within horsekeeping K Districts. Objective 1-3: To preserve and enhance the varied and distinct residential character and integrity in existing single and multi-family neighborhoods. Policy 1-3.2: Consider factors such as neighborhood character and identity, compatibility of land uses, impact on livability, impacts on services and public facilities, and impacts on traffic levels when changes in residential densities are proposed.

14 CPC GPA-ZC F-2 Program: The decision-maker should adopt a finding which addresses these factors as part of any decision relating to changes in planned residential densities. Policy 1-1.8: The City should promote neighborhood preservation, particularly existing single family neighborhoods, as well as in areas with existing multiple-family residences. Program: With the implementation of the Community Plan, single family residential land use categories, all zone changes, subdivisions, parcel maps, variances, conditional uses, specific plans, community and neighborhood revitalization programs for residential projects shall provide for Plan consistency. The Community Plan s relevant land use goals, objectives, policies and programs cited above have been taken into consideration in conditioning the project, so that while new housing is provided, the project preserves the character and integrity of existing residential neighborhoods in the Plan area. Proposed Project: The subject property consists of three single family dwellings on three lots. Two of these dwellings are proposed for demolition with the retention of one dwelling unit on the interior lot. The project is the construction of 32 detached condominium units, 2 stories high, providing 66 resident parking spaces, and 24 guest parking spaces, for a total of 90 parking spaces, on an approximately 130,000 square foot site. A Tentative Tract Map for a two-lot subdivision and condominium purposes, as shown on the Site plan (Exhibit C) is proposed to divide the property into Lot 1 (2.93 acre), and Lot 2 (1.13 acre). Access to the development will be from a 24 foot driveway from Wheeler Avenue. Lot 1 consisting of 127,664 square feet, is requested for the RD3 zone and is proposed to be developed with 25 detached condominium units. The units are designed around an internal circulation system with their rear facing the public streets. Common and private open space is to Code with a total of 2,400 square feet of common open space and 3,200 square feet of private open space maintained in the rear yards of units. A 6-foot high fence in the front yard will be part of a variance request with the Advisory Agency. Lot 2, the interior lot, is requested for the RD6 zone and will retain the existing house on 27,067 square feet, with the remaining approximately 22,000 square feet on the rear of the property to be developed with seven detached condominium dwelling units. 3. City Charter Sections 556 and 558. The requested General Plan Amendment from Low Density Residential (Agricultural zone/equinekeeping District with corresponding zones of RE9, RS, R1 and RD6) to Low Medium I Residential density (Restricted Density Multiple Dwelling zone with corresponding zones of R2, RD5, RD4 and RD3) does not comply with Charter Sections 556 and 558 in that the requested Plan amendment does not reflect the land use patterns and trends in the immediate area for residential uses, or further the intent, purposes and objectives of the Sylmar Community Plan. The Community Plan seeks to protect stable single family neighborhoods from intrusion of higher density housing not in keeping with the character of the neighborhood. The subject property is located within a block designated for Low Density Residential. The

15 CPC GPA-ZC F-3 general area southeast of Hubbard Street, except for a few other Plan designations, is primarily designated for Low density Residential. Exceptions to the single-family neighborhood is a lot across Wheeler Avenue fronting on Hubbard Street which was approved for Low Medium I Residential density (CPC ZC-GPA); a Low Medium II designation, and two small corner commercial lots further south along Hubbard Street. The Community Plan Map identifies specific areas where single-family and multi-family residential development is permitted. The northwest frontage of Hubbard Street is designated for Low Medium II where multiple family can be developed. The south side of Hubbard Street is designated for single-family development and should be preserved for these uses. Within the last two years, three zone change requests, southeast of Hubbard Street have been granted. None of these applicants requested a Plan Amendment, and the properties will be developed within the permitted Low density Residential category. The requested Low Medium I Residential designation at primarily the RD3 density, in the middle of a single family neighborhood would introduce a density greater than the prevailing land use pattern and be incompatible with the character, identity, and livability of the low density, generally rural area. 4. Zone Change Findings. 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 is from A1-1-K (5 acres lot area per dwelling unit) to RD3-1-K (Restricted Density Multiple Dwelling Zone/Equinekeeping District at 3,000 square feet lot area per dwelling unit) for Lot 1, and RD6-1 (Low Density Residential Zone at 6,000 square feet lot area per dwelling unit) for Lot 2. The RD3 zone is inappropriate for the area, and is not recommended. There is no other property which is designated RD3 within the block. An RD3 zone would be an intrusion of high density multiple-family residential with access from a Local Street, and introduce a density and traffic levels out of character with a single family neighborhood, and negatively affect the quality of life of the residents. This surrounding area consisted primarily of A1-1-K (5 acres lot area per dwelling unit), horsekeeping lots. However, the Sylmar Community Plan designates the area for Low Density Residential with corresponding zones of RE9, RS, R1 and RD6. Just in the last two years, several of these lots have been subdivided to the R1 (5,000 square feet lot area per dwelling unit) zone, and the subject property and the adjoining lots on the southwest are the last few A1 zoned lots within this block. Three zone changes within the 500-foot radius have been approved to the R1 zone, and none requested a Plan Amendment. Since the existing A1 zone is inconsistent with the Sylmar Community Plan, an RD6-1-K zone is recommended over the entire site, as it is consistent with the Community Plan s designation of Low Density Residential, and does not require a Plan Amendment.

16 CPC GPA-ZC F-4 The RD6 (6,000 square feet lot area per dwelling unit) is a more appropriate density for the neighborhood. The revised density at approximately 6,190 square foot per dwelling unit (21 dwelling units instead of the requested 32) is more in conformity with recent zone changes where the lot sizes average 7,530, 7,568 and 8,030 square foot, respectively. The reduced density would also allow the provision of additional common and private open space than currently proposed, which is to Code with a total of 2,400 square feet of common open space and 3,200 square feet of private open space maintained in the rear yards of units. Even though the adjacent properties are primarily classified R1, the RD6 zone is more suitable, due to the location of the project, and the proposed siting of dwellings. The property is situated on the southeast side of Hubbard Street, a Major Highway, and the southwest side of Wheeler Avenue, a Local Street, having a frontage of 320 feet along Hubbard Street and an average depth of 420 feet along Wheeler Avenue. While a Local Street is not suitable for high density multiple-family uses, the project s corner location, on a Major Street, facing multiple family across Hubbard Street, an RD6 zone, a single-family classification, would be appropriate. The implementation of the RD zones was intended to enable the development of in-fill parcels which otherwise would be unusable and impractical for standard subdivisions. An RD zone would allow more flexibility in site design than individual R1 zoned lots, due to the peculiar lot configuration of the subject property. The southerly portion of the site will retain the existing single family house which will face single family homes across the street. A K designation is being maintained on the subject project, even though retaining the K designation on these properties has become meaningless, since 6,000 square foot lots do not support horsekeeping, which require a minimum of 17,500 square foot lots. The purpose is to protect the rights of other horsekeeping properties. The last two remaining lots on the southwest side are zoned A1-1-K, and the single family house being retained on the subject lot was known to have horses. Condition No. Q. 25, protects these rights by requiring a notice to all buyers and future buyers that no habitable room may be built in a K district within 35 feet (75 feet from neighbors in a non K district) of the equine keeping structure (where horse is provided food and water). Another condition, Q. 4. regarding building orientation has been included to ensure that the project will be compatible with surrounding properties and will enhance the quality of the residential environment through attention to appearance and siting. The condition specifies that dwelling units located closest to the lot lines shall have entry doors, windows and walkways oriented towards the streets they face. The development, as proposed, is the typical RD zoned detached condominium units configuration with fenced in front yards, and rear of the units facing the street, routinely approved in the past. Such a development is not consistent with the existing pattern or orientation of houses found on the street and can be detrimental to adjoining properties and the surrounding neighborhood. The proposed project provides new home ownership opportunities, and as conditioned, would be appropriate in scale and compatible with the single-family residential area. Therefore, granting the subject request would not diminish existing single family residential neighborhoods. a. The action, as recommended, has been made contingent upon compliance with the

17 CPC GPA-ZC F-5 (T) and (Q) conditions imposed herein. Such limitations are necessary to protect the best interests of and to assure a development more compatible with surrounding properties, to secure an appropriate development in harmony with the General Plan, and to prevent or mitigate the potential adverse environmental effects of the subject recommended action. b. In addition, the recommended zone change to (T)(Q)RD6-1-K, is within the range of zones allowed by the General Plan Land Use designation of Low Density Residential with corresponding zones of RE9, RS, R1 and RD6. It will also permit a development which supports the General Plan Goals, Objectives and Policies to provide a safe, secure, and high quality residential environment for all economic, age, and ethnic segments of the community, and to provide for the development of new housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year The Transportation Element of the General Plan will be affected by the recommended action herein. However, any necessary dedication and/or improvement of adjoining streets will assure compliance with this Element of the General Plan and with the City s street improvement standards pursuant to Municipal Code Section The Sewerage Facilities Element of the General Plan will be affected by the recommended action. However, requirements for construction of sewer facilities to serve the subject project and complete the City sewer system for the health and safety of City inhabitants will assure compliance with the goals of this General Plan Element. 7. Environmental. For the reasons set forth in Proposed Mitigated Negative Declaration No. ENV MND, the project will not have a significant effect on the environment. 8. Fish and Game. The subject project, which is located in Los Angeles County, will not have an impact on fish or wildlife resources or habitat upon which fish and wildlife depend, as defined by California Fish and Game Code Section

18 CPC GPA-ZC S-1 SUMMARY AND BACKGROUND The applicant is requesting a Plan Amendment from Low Density Residential (a single family designation) to Low Medium I (a multiple family designation) and a zone change from A1-1-K to two classifications: RD3 on the northerly portion, and RD6 on the southerly portion of a 130,000 square foot lot, for the construction of 32 detached condominium units with 90 parking spaces. A denial of the Plan Amendment is recommended because it would be an introduction of multiple family Plan designation in this block & into an area of primarily of Low Density Residential. Three zone changes within the 500-foot radius have been approved in the last two years to the R1 (5,000 square feet lot area per dwelling unit) classification, consistent with the Sylmar Community Plan. None requested a Plan Amendment. A denial of the RD3 zone (3,000 square feet lot area per dwelling unit) and approval of an RD6-I-K zone (6,000 square feet lot area per dwelling unit) is recommended for the following reasons: The requested RD3 zone change which requires a Plan Amendment is not being recommended. There is no RD3 zone in the block, and this would be an intrusion of higher density in a neighborhood of single family dwellings with a driveway off Wheeler Avenue, a Local Street. The RD6 zone is consistent with the Community Plan s designation of Low Density Residential, and does not require a Plan Amendment. This area consisted of primarily A1-1-K (5 acres lot area per dwelling unit), horsekeeping lots. However, the Sylmar Community Plan designates the area for Low Density Residential with corresponding zones of RE9, RS, R1 and RD6. Just in the last two years, in the subject block, these lots have been subdivided to the R1 zone, and the subject property and the adjoining two lots on the southwest are the last few A1 zoned lots in this block. Due to the inconsistency between the Plan designation and the existing zones, the Sylmar community at-large has been affected by subdivision of large horsekeeping lots to smaller lots mostly at the R1 density. The RD6 is a more appropriate density for the neighborhood. With the RD6 zone, the project s density at approximately 6,190 square foot per dwelling unit for (21 dwelling units) is more in conformity with the recent zone changes to the R1-1 zone where the lot sizes average 7,530, 7,568 and 8,030 square foot, respectively. Even though the recent zone changes were to R1, the RD6 zone is being recommended. An RD zone would allow more flexibility in site design than individual R1 zoned lots, due to the peculiar lot configuration of the subject property, where an existing single family is being retained, and its corner location along Hubbard Street, a Major Highway.

19 CPC GPA-ZC S-2 Subject Property Existing Land Use: Three single family dwellings with two to be demolished Plan Land Use: Low Density Residential Existing Zone: A-1-K and A1-1 Site Area: 130,000 square feet Surrounding Land Use and Zoning Northwest: Properties across Hubbard Street are designated Low Medium II Residential, classified in the (Q)RD2-1-K and (Q)RD1.5-1 zones, and developed with multiple family dwellings, except for one vacant property zoned OS-1XL. Southwest: Adjoining properties fronting along Hubbard Street are designated Low Density Residential, zoned A1-1-K and developed with two single family dwellings; a corner lot on the southeast side of Hubbard Street and Gladstone Avenue designated Neighborhood Commercial, zoned (Q)C2-1, and developed with an auto parts store. Northeast: Property across Wheeler Avenue fronting along Hubbard Street (CPC ZC-GPA), is designated Low Medium I Density Residential, zoned (T)(Q)RD4-I, and approved for the construction of 16 detached condominium units. South of this property is a through 1.39 acres lot, designated Low Density Residential (APCNV ZC) which was approved for a zone change to (T)(Q)R1-1 for the construction of 8 single family dwellings, and is currently vacant. Southeast: Properties with frontage on Gladstone Avenue and Wheeler Avenue are designated Low Density Residential, approved for a zone change from A1-1-K to R1-1-K (APCNV ZC) for the construction of 39 single-family homes on a 7.19 acres parcel which includes an adjoining parcel, and are currently vacant. Street Classification Hubbard Street is designated a Major Highway Class II, improved to a varying width between 60 and 73 feet adjacent to the subject property. Wheeler Avenue is designated a Local Street. Relevant Cases CPC ZC-GPA The City Planning Commission on November 18, 2004, disapproved a Plan Amendment from Low Density Residential to Low Medium I Density Residential, and a Zone Change from A1-1 to (T)(Q)RD3-1 for the construction of 21 detached condominiums on a 65,930 square foot lot at Hubbard Street, the adjacent parcel on the east across Wheeler Avenue of the subject property, owned by the subject applicant. The Planning and Land Use Management Committee on April 20, 2005, reversed the Commission s decision and approved a Zone Change to (T)(Q)RD4-1, and a Plan