VESTING TENTATIVE TRACT MAP NO (stamped map dated April 15, 2008) PLANNING DEPARTMENT STAFF REPORT

Transcription

1 VESTING TENTATIVE TRACT MAP NO (stamped map dated April 15, 2008) HEARING DATE: Wednesday, July 2, 2008 PLANNING DEPARTMENT STAFF REPORT PURSUANT TO ORDINANCE NO. 164,845, IF A CERTIFICATE OF POSTING HAS NOT BEEN SUBMITTED BEFORE THE DATE OF THE PUBLIC HEARING, IT MUST BE PRESENTED AT THE HEARING, OR THE CASE MUST BE CONTINUED. REQUEST Vesting Tentative Tract Map No for a subdivision of 18 airspace lots in order to segregate the 55 affordable apartments from the 220 market rate apartments (the project is under construction and this airspace subdivision is being sought for Federal tax credit purposes only). This proposed subdivision contains approximately 104,890 net square feet (2.41 net acres) after dedications, is within the CW Zone, and located at 1304 W. 2 nd Street. RELEVANT CASES ON-SITE: DIR SPP-SPPA: specific plan project permit compliance and project permit adjustment for a new 275-unit apartment development with leasing office conditionally approved on April 29, CPC GPA: (Ordinance No. 179,420 effective January 19, 2008) General Plan Amendment to the Westlake Community Plan and Transportation Element of the General Plan and Specific Plan Amendment to the Central City West Specific Plan to redesignate Lucas Avenue between Beverly Boulevard and 6th Street to a modified Secondary Highway, and 5th Street between Lucas Avenue and Witmer Street to a Collector Street. CHC HCM: City of Los Angeles-Cultural Monument No. LA-790 Belmont Tunnel/Toluca Substation and Yard approved by City Council on February 23, 2005 and listed. APCC SPE-SPP: approved specific plan exceptions to permit: a 276-unit multiple-family project without commercial floor area; a 5-foot front yard along 2 nd Street, a 2-foot side yard along Toluca Avenue, and a 5-foot side yard along Lucas Avenue; a reduction in the dedication requirement on Lucas Avenue to 7 feet, subject to the City Council adoption of a redesignation of Lucas Avenue to a Modified Secondary Highway; a reduction in the dedication requirement on 2 nd Street to zero feet subject to City Council approval; and approved specific plan project permit compliance, ENV MND, and findings on October 15, The case was appealed and on December 15, 2004 the City Council denied the appeal and approved the project.

2 VESTING TENTATIVE TRACT MAP NO PAGE 2 CPC SP: (Ordinance No. 176,519 effective April 19, 2005) The City Council adopted the ordinance, findings and EIR, disapproved by the Director of Planning on behalf of the Commission, amending Ordinance No. 167,944 commonly known as the Central City West Specific Plan to: a) reduce the Trip Fee; b) redesignate certain collector streets to local streets; c) include various clean-up provisions to make the plan consistent with updates to the City Charter and current citywide zone code provision. CPC GPC: (Ordinance No. 164,625 effective May 9, 1989) General Plan/Zone Consistency for the Westlake Community Plan area community wide zone changes and community plan changes to bring the zoning into consistency with the Community Plan. It included changes of height as needed and was required by the court as part of settlement in the Hillside Federation Lawsuit. The project site was changed from the C2-2 and R4-2 Zones to C2-2D and R4-1 Zones. The D Limitation states the floor area contained in all main buildings on a lot shall not exceed three times the buildable area of the lot. OFF-SITE: TT-65793: one-lot subdivision for a new 39-unit residential condominium located at Witmer Street, approved by the Deputy Advisory Agency December 14, TT-64151: one-lot subdivision for a new 52-unit residential condominium located at W. Temple Street, approved by the Deputy Advisory Agency June 22, CPC DB: construction of 48 affordable housing units and 3,000 square feet of commercial space located at 153 Glendale Boulevard approved by the Department of City Planning on November 2, CPC ZC-GPA: (Ordinance No. 179,682 effective April 15, 2008) a General Plan Amendment from Low Medium Density Residential to Highway Oriented Commercial land use and zone change from RD1.5-1-O & C2-1-O to (T)(Q)RAS4-1-O to construct a 40-unit apartment building located at W. Rockwood Street. APCC SPE-SPP-ZAD-SPR: specific plan exceptions to allow zero-foot front and side yard setbacks, to allow a portion of the permitted R5 residential density to be built on the C4 commercial zoned portion of the site, to permit 125 square feet of open space per dwelling unit, to permit a project with only 42 on-site trees, to permit zero feet of open space setback adjacent to the sidewalk along Bixel Street, to permit the required dedications but no street improvements along Bixel and 5 th Streets, and an exception to designate zero percent of the dwelling units as Low Income Dwelling Units. Specific Plan project permit compliance and a Zoning Administrator Determination to permit a 7-foot 6-inch high fence in the rear yard were also granted for this 80-unit apartment development located at 1311 W. 5 th Street. The project was approved by the Central Area Planning Commission on October 31, 2005.

3 VESTING TENTATIVE TRACT MAP NO PAGE 3 APCE SPE-SPP: approved specific plan exceptions to permit the base floor area to be increased in excess of the maximum through the transfer of unused floor area of a donor site, to permit 100 percent affordable residential project as a Public Benefit Resource and eligible for transfer floor area, to permit the required dedication along Temple Street to be landscaped in lieu of widening, to permit only 42 on-site trees and 10 trees off-site within the specific plan area or Westlake Community Plan area or to pay a fee to the Department of Recreation and Parks, approved transfer of unused floor area form 1301 Court Street (donor site) to the subject site (receiver), and approve project permit compliance with the specific plan for the construction of a 52-unit affordable housing apartment building located at W. Temple Street, approved by the East Los Angeles Area Planning Commission on March 16, DIR SPP: specific plan project permit compliance for the construction of a 204-unit apartment building located at 1030 W. Mignonette Street approved by the Department of City Planning on December 27, PUBLIC RESPONSES No letters have been received from the public. However, a few telephone calls were received with general inquiry about the airspace subdivision and if it would change the pervious granted entitlements of the structures currently under construction. GENERAL COMMENTS The project is currently in the final phases of construction of a four- and five-story multiplefamily residential project located south of the 1 st Street overpass between Lucas Avenue and Toluca Street. The project contains 275-unit residential rental units which include 55 affordable units. The project has a total floor area of 273,614 square feet (2.6 to 1 floor area ratio) and provides 507 off-street parking within a parking garage which exceeds the LAMC parking requirements. LAMC Sections A,4 and A,25(d)(2) required 483 parking spaces for the 275 dwelling units (55 spaces for the 55 affordable units, 24 spaces for the studio units, 129 spaces for the one-bedroom units, 220 for the two-bedroom units, and 55 guest parking space). Required open space is 41,250 square feet and the project is providing 42,608 square feet. The existing project has been granted entitlements under Case No. APCC SPE- SPP. All existing structures are to remain and no new construction is proposed with the current subdivision request for an 18-lot airspace subdivision. The purpose of the subdivision is to segregate the existing affordable apartments from the market rate apartments and is sought for Federal tax credit purposes only. The subject property is comprised of 11 lots and occupies approximately 2.71 net acres (104,890 square feet after dedications, including a 5,188 square foot alley vacation), and is located within the Central City West Specific Plan (CW Zone). The site is sloping and irregulare shaped, with an approximately 350-foot frontage along the easterly side of Lucas

4 VESTING TENTATIVE TRACT MAP NO PAGE 4 Avenue, 400-foot frontage along the southerly side of 2 nd Street (adjoining Beverly Boulevard to the west), and 310-foot frontage along the westerly side Toluca Street. The Pacific Electric Powerhouse and historic railway tunnel entrance area occupy the southern portion of the subject site (Historic-Cultural Monument No. 790 Belmont Tunnel Toluca Substation & Yard adopted February 23, 2005 located at 1309 W. 2 nd Street). The existence of these historic developments renders a portion of the site unbuildable. As stipulated within the Central Area Planning Commission approved, the applicant shall restore and preserve both monuments in accordance with the Secretary of Interior s standards to the satisfaction of the Cultural Heritage Commission. Surrounding properties are within the CW Zone, and are differentiated by contoured topography and improved streets. The Westlake community Plan describes the neighborhood as follows: the southern end of the Central City West is characterized by office uses, while its northern half is less developed and dominated by multiple-family residential. The area immediately south and west of the subject property contains multiple-family residential uses. There are commercial uses in the vicinity on both sides of 2 nd Street, Beverly Boulevard, and Glendale Boulevard. Belmont High School campus is located at 1575 W. 2 nd Street. On May 13, 2008, the Department of City Planning issued the second reconsideration of the project description under Mitigated Negative Declaration No. ENV MND- REC2. Staff has sustained that the minor land division for airspace subdivision purposes only would result in a minimal change over the previously analyzed project. The previously issued Mitigated Negative Declaration (ENV MND) still addresses all areas of potential environmental impact due to the project as proposed. The Tract Map will be reviewed and conditioned by various City Agencies to meet the standards of the Subdivision Map Act. Since the project, as revised, did not create any new impacts that were not addressed in the previous MND and is conditioned within Case No. APCC SPE-SPP, the mitigation measures imposed still serve to mitigate the impacts of the project to less than significant levels as required by the California Environmental Quality Act (CEQA). In adopting Mitigated Negative Declaration No. ENV MND on October 15, 2004, the Central Area Planning Commission found that the declaration reflects the independent judgment of the lead agency. 2 nd Street is a Major Highway Class II dedicated to a 90-foot width at the project s street frontage. A Specific Plan Exception to permit no dedication requirements along the 2 nd Street frontage was granted under Case No. APCC SPE-SPP by City Council on December 15, Lucas Avenue is a Secondary Highway dedicated to a 60-foot width at the project s street frontage. The Central Area Planning Commission and City Council granted a Specific Plan Exception to reduce dedication along Lucas Avenue from a 24-foot at its pervious designation of the Major Highway Class II to a 7-foot dedication anticipating the currently approved redesignation to a Secondary Highway through the Central Cit West Specific Plan amendments (Ordinance No. 179,420 effective January 19, 2008). Tuluca Street is a Local Street dedicated to 60-foot width at the project s street frontage and being a non-continuous street no dedication is required.

5 VESTING TENTATIVE TRACT MAP NO PAGE 5 REPORTS RECEIVED BUREAU OF ENGINEERING: No comments were available at the writing of the staff report. DEPARTMENT OF BUILDING AND SAFETY, GRADING DIVISION: Tentatively approves subject to conditions stated in the memo dated May 28, See recommended conditions in Draft Tentative Tract Report with Conditions under department. DEPARTMENT OF BUILDING AND SAFETY, ZONING DIVISION: A clearance letter will be issued stating that no Building and Zoning Code violations exist on the subject site once the items identified in the memo dated May 10, 2008 have been satisfied. See recommended conditions in Draft Tentative Tract Report with Conditions under department. DEPARTMENT OF TRANSPORTATION: No comments were available at the writing of the staff report. FIRE DEPARTMENT: Recommends that the project be subject to conditions stated in the memo dated May 27, See recommended conditions in Draft Tentative Tract Report with Conditions under department. LOS ANGELES UNIFIED SCHOOL DISTRICT: No comments were available at the writing of the staff report. DEPARTMENT OF WATER AND POWER: No comments were available at the writing of the staff report. BUREAU OF STREET LIGHTING: No comments were available at the writing of the staff report. BUREAU OF SANITATION: No comments were available at the writing of the staff report. ENVIRONMENTAL CLEARANCE The Department of City Planning Staff issued Mitigated Negative Declaration ENV MND-REC2 on May 13, See Draft Tentative Tract Report with Conditions. TENANTS The subdivider did not provided a list of tenants and the project is under construction and unoccupied currently.

6 VESTING TENTATIVE TRACT MAP NO PAGE 6 STAFF RECOMMENDATIONS The Planning Department staff recommends approval of Vesting Tentative Tract Map No , subject to the standard conditions and the additional conditions in the Draft Tentative Tract Report with Conditions. Prepared by: SARAH RIGAMAT City Planning Associate (213) Note: Recommendation does not constitute a decision. Changes may be made by the Advisory Agency at the time of the public hearing.

7 VESTING TENTATIVE TRACT MAP NO PAGE 7 DRAFT TENTATIVE TRACT REPORT WITH CONDITIONS In accordance with provisions of Section of the LAMC, the Advisory Agency approved Vesting Tentative Tract Map No composed of an 18 airspace lot subdivision for the purpose of segregating the existing 55 affordable units from the 220 market rate units, located at 1304 W. 2 nd Street, as shown on map stamp-dated April 15, 2008 in the Westlake Community Plan. (Verification should be obtained from the Department of Building and Safety, which will legally interpret the Zoning code as it applies to this particular property.) For an appointment with the Subdivision Counter call (213) The Advisory Agency s approval is subject to the following conditions: NOTE on clearing conditions: When two or more agencies must clear a condition, subdivider should follow the sequence indicated in the condition. For the benefit of the applicant, subdivider shall maintain record of all conditions cleared, including all material supporting clearances and be prepared to present copies of the clearances to each reviewing agency as may be required by its staff at the time of its review. BUREAU OF ENGINEERING - SPECIFIC CONDITIONS 1. That the project be subject to any recommendations from the Bureau of Engineering and be consistent with dedications approved under Case No. APCC SPE-SPP. DEPARTMENT OF BUILDING AND SAFETY, GRADING DIVISION 2. Prior to issuance of a grading or building permit, or prior to recordation of the final map, the subdivider shall make suitable arrangements to assure compliance, satisfactory to the Department of Building and Safety, Grading Division, with all the requirements and conditions contained in Inter-Departmental Letter dated May 28, 2008, Log No and attached to the case file for Tract No DEPARTMENT OF BUILDING AND SAFETY, ZONING DIVISION 3. That prior to recordation of the final map, the Department of Building and Safety, Zoning Division shall certify that no Building or Zoning Code violations exist on the subject site. In addition, the following items shall be satisfied: a. Provide copies of building permit records of the structures under construction to verify the uses and the number of parking spaces provided on site. b. Provide a copy of APC case APCC SPE-SPP. Show compliance with all the conditions/requirements of the APC case(s) as applicable. c. Provide a copy of the application or resolution for alley vacation. The alley vacation shall be completed prior to or concurrently with the map recording. d. Show all street/alley dedication(s) as required by Bureau of Engineering and

8 VESTING TENTATIVE TRACT MAP NO PAGE 8 provide net lot area after all dedication. Area requirements shall be rechecked as per net lot area after street/alley dedication. e. Parking is required for the existing structures to remain. Show location of all parking spaces and access driveways. Provide copies of permits and final inspection cards, for any new garages or carports. f. Submit a revised map that dimensions each air space lot with a finite width, length, and upper and lower elevations. The final map shall be based upon a site plan which accurately describes the location of such lots. g. Record a Covenant and Agreement to treat the buildings and structures located in an air space subdivision as if they were within a single lot. Notes: Each air space lot shall have access to a street by one or more easements or other entitlements to use in a form satisfactory to the Advisory Agency and the City Engineer. The existing or proposed building plans have not been checked for and shall comply with Building and Zoning Code requirements. Any vested approvals for parking layouts, open space, required yards or building height, shall be to the satisfaction of the Department of Building and Safety at the time of Plan Check. If the proposed development does not comply with the current Zoning Code, all zoning violations shall be indicated on the map. An appointment is required for the issuance of a clearance letter from the Department of Building and Safety. The applicant is asked to contact Del Reyes at (213) to schedule an appointment. DEPARTMENT OF TRANSPORTATION 4. That the project be subject to any recommendations from the Department of Transportation. FIRE DEPARTMENT 5. That prior to the recordation of the final map, a suitable arrangement shall be made satisfactory to the Fire Department, binding the subdivider and all successors to the following: a. Submittal of plot plans for Fire Department approval and review prior to recordation of Tract Map Action. b. Any required fire hydrants to be installed shall be fully operational and

9 VESTING TENTATIVE TRACT MAP NO PAGE 9 accepted by the Fire Department prior to any building construction. c. The applicant is further advised that all subsequent contact regarding these conditions must be with the Hydrant and Access Unit. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assure that you receive service with a minimum amount of waiting please call (213) You should advise any consultant representing you of this requirement as well. LOS ANGELES UNIFIED SCHOOL DISTRICT (LAUSD) 6. That prior to the issuance of any demolition or grading permit or any other permit allowing site preparation and/or construction activities on the site, satisfactory arrangements shall be made with the Los Angeles Unified School District, implementing the measures for demolition and construction contained in the LAUSD letter dated. The project site is located on the pedestrian and bus routes for students attending Belmont Senior High School. Therefore, the applicant shall make timely contact for coordination to safeguard pedestrians/ motorists with the LAUSD Transportation Branch, phone no. (323) , and the principals or designees of Belmont Senior High School. (This condition may be cleared by a written communication from the LAUSD Transportation Branch attesting to the required coordination and/or the principals of the above referenced schools and to the satisfaction of the Advisory Agency). DEPARTMENT OF WATER AND POWER 7. Satisfactory arrangements shall be made with the Los Angeles Department of Water and Power (LADWP) for compliance with LADWP=s Water System Rules and requirements. Upon compliance with these conditions and requirements, LADWP=s Water Services Organization will forward the necessary clearances to the Bureau of Engineering. (This condition shall be deemed cleared at the time the City Engineer clears Condition No. S-1.(c).) BUREAU OF STREET LIGHTING 8. If new street light(s) are required, then prior to the recordation of the final map or issuance of the Certificate of Occupancy (C of O), street lighting improvement plans shall be submitted for review and the owner shall provide a good faith effort via a ballot process for the formation or annexation of the property within the boundary of the development into a Street Lighting Maintenance Assessment District. BUREAU OF SANITATION

10 VESTING TENTATIVE TRACT MAP NO PAGE Satisfactory arrangements shall be made with the Bureau of Sanitation, Wastewater Collection Systems Division for compliance with its sewer system review and requirements. Upon compliance with its conditions and requirements, the Bureau of Sanitation, Wastewater Collection Systems Division will forward the necessary clearances to the Bureau of Engineering. (This condition shall be deemed cleared at the time the City Engineer clears Condition No. S-1. (d).) INFORMATION TECHNOLOGY AGENCY 10. That satisfactory arrangements be made in accordance with the requirements of the Information Technology Agency to assure that cable television facilities will be installed in the same manner as other required improvements. Refer to the LAMC Section N. Written evidence of such arrangements must be submitted to the Information Technology Agency, 200 North Main Street, 12 th Floor, Los Angeles, CA 90012, (213) DEPARTMENT OF CITY PLANNING-SITE SPECIFIC CONDITIONS 11. Prior to the recordation of the final map, the subdivider shall prepare and execute a Covenant and Agreement (Planning Department General Form CP-6770) in a manner satisfactory to the Planning Department, binding the subdivider and all successors to the following: a. Limit the proposed development to a maximum of 18 airspace lots for the segregation 55 affordable and 220 market rate apartment units. b. Provide a minimum of 428 covered off-street parking spaces, plus 1/4 guest parking spaces per market rate dwelling unit (55 parking spaces). All guest spaces shall be readily accessible, conveniently located, specifically reserved for guest parking, posted and maintained satisfactory to the Department of Building and Safety. If guest parking spaces are gated, a voice response system shall be installed at the gate. Directions to guest parking spaces shall be clearly posted. Tandem parking spaces shall not be used for guest parking. In addition, prior to issuance of a building permit, a parking plan showing offstreet parking spaces, as required by the Advisory Agency, be submitted for review and approval by the Department of City Planning (200 North Spring Street, Room 750). 12. Prior to the clearance of any tract map conditions, the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section. 13. Prior to the issuance of a building permit, grading permit and the recordation of the

11 VESTING TENTATIVE TRACT MAP NO PAGE 11 final tract map, the subdivider shall record and execute a Covenant and Agreement to comply with the Case No. DIR SPP-SPPA and DIR SPP- SPPA (Central City West Specific Plan). 14. 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. BUREAU OF ENGINEERING - STANDARD CONDITIONS S-1. (a) That the sewerage facilities charge be deposited prior to recordation of the final map over all of the tract in conformance with LAMC Section (b) (c) (d) (e) (f) (g) (h) (i) That survey boundary monuments be established in the field in a manner satisfactory to the City Engineer and located within the California Coordinate System prior to recordation of the final map. Any alternative measure approved by the City Engineer would require prior submission of complete field notes in support of the boundary survey. That satisfactory arrangements be made with both the Water System and the Power System of the Department of Water and Power with respect to water mains, fire hydrants, service connections and public utility easements. That any necessary sewer, street, drainage and street lighting easements be dedicated. In the event it is necessary to obtain off-site easements by separate instruments, records of the Bureau of Right-of-Way and Land shall verify that such easements have been obtained. The above requirements do not apply to easements of off-site sewers to be provided by the City. That drainage matters be taken care of satisfactory to the City Engineer. That satisfactory street, sewer and drainage plans and profiles as required, together with a lot grading plan of the tract and any necessary topography of adjoining areas be submitted to the City Engineer. That any required slope easements be dedicated by the final map. That each lot in the tract complies with the width and area requirements of the Zoning Ordinance. That 1-foot future streets and/or alleys be shown along the outside of

12 VESTING TENTATIVE TRACT MAP NO PAGE 12 incomplete public dedications and across the termini of all dedications abutting unsubdivided property. The 1-foot dedications on the map shall include a restriction against their use of access purposes until such time as they are accepted for public use. (j) That any 1-foot future street and/or alley adjoining the tract be dedicated for public use by the tract, or that a suitable resolution of acceptance be transmitted to the City Council with the final map. (k) That no public street grade exceeds 15%. (l) That any necessary additional street dedications be provided to comply with the Americans with Disabilities Act (ADA) of S-2. That the following provisions be accomplished in conformity with the improvements constructed herein: (a) (b) (c) (d) (e) Survey monuments shall be placed and permanently referenced to the satisfaction of the City Engineer. A set of approved field notes shall be furnished, or such work shall be suitably guaranteed, except where the setting of boundary monuments requires that other procedures be followed. Make satisfactory arrangements with the Department of Transportation with respect to street name, warning, regulatory and guide signs. All grading done on private property outside the tract boundaries in connection with public improvements shall be performed within dedicated slope easements or by grants of satisfactory rights of entry by the affected property owners. All improvements within public streets, private street, alleys and easements shall be constructed under permit in conformity with plans and specifications approved by the Bureau of Engineering. Any required bonded sewer fees shall be paid prior to recordation of the final map. S-3. That the following improvements be either constructed prior to recordation of the final map or that the construction be suitably guaranteed: (a) (b) (c) Construct on-site sewers to serve the tract as determined by the City Engineer. Construct any necessary drainage facilities. Install street lighting facilities to serve the tract as required by the Bureau of

13 VESTING TENTATIVE TRACT MAP NO PAGE 13 Street Lighting. a. NOTES: The quantity of street lights identified may be modified slightly during the plan check process based on illumination calculations and equipment selection. Conditions set: 1) in compliance with a Specific Plan, 2) by LADOT, or 3) by other legal instrument excluding the Bureau of Engineering condition, requiring an improvement that will change the geometrics of the public roadway or driveway apron may require additional or the reconstruction of street lighting improvements as part of that condition. (d) (e) (f) (g) (h) (i) Plant street trees and remove any existing trees within dedicated streets or proposed dedicated streets as required by the Street Tree Division of the Bureau of Street Maintenance. All street tree planting=s shall be brought up to current standards. When the City has previously been paid for tree planting, the subdivider or contractor shall notify the Street Tree Division ( ) upon completion of construction to expedite tree planting. Repair or replace any off-grade or broken curb, gutter and sidewalk satisfactory to the City Engineer. Construct access ramps for the handicapped as required by the City Engineer. Close any unused driveways satisfactory to the City Engineer. Construct any necessary additional street improvements to comply with the Americans with Disabilities Act (ADA) of That the following improvements be either constructed prior to recordation of the final map or that the construction be suitably guaranteed: NOTES: The Advisory Agency approval is the maximum number of units permitted under the tract action. However the existing or proposed zoning may not permit this number of units. Approval from Board of Public Works may be necessary before removal of any street trees in conjunction with the improvements in this tract map through Bureau of Street Services Urban Forestry Division. Satisfactory arrangements shall be made with the Los Angeles Department of Water and

14 VESTING TENTATIVE TRACT MAP NO PAGE 14 Power, Power System, to pay for removal, relocation, replacement or adjustment of power facilities due to this development. The subdivider must make arrangements for the underground installation of all new utility lines in conformance with LAMC Section N. The final map must record within 36 months of this approval, unless a time extension is granted before the end of such period. The Advisory Agency hereby finds that this tract conforms to the California Water Code, as required by the Subdivision Map Act. The subdivider should consult the Department of Water and Power to obtain energy saving design features, which can be incorporated into the final building plans for the subject development. As part of the Total Energy Management Program of the Department of Water and Power, this no-cost consultation service will be provided to the subdivider upon his request. FINDINGS OF FACT (CEQA) On May 13, 2008, the Department of City Planning issued the second reconsideration of the project description under Mitigated Negative Declaration No. ENV MND- REC2. Staff has sustained that the minor land division for airspace subdivision purposes only would result in a minimal change over the previously analyzed project. The previously issued Mitigated Negative Declaration (ENV MND) still addresses all areas of potential environmental impact due to the project as proposed. The Tract Map will be reviewed and conditioned by various City Agencies to meet the standards of the Subdivision Map Act. Since the project, as revised, did not create any new environmental impacts that were not addressed in the previous MND and is conditioned within Case No. APCC SPE-SPP, the mitigation measures imposed still serve to mitigate the impacts of the project to less than significant levels as required by the California Environmental Quality Act (CEQA). In adopting Mitigated Negative Declaration No. ENV MND on October 15, 2004, the Central Area Planning Commission found that the declaration reflects the independent judgment of the lead agency. FINDINGS OF FACT (SUBDIVISION MAP ACT) In connection with the approval of Vesting Tentative Tract Map No , the Advisory Agency of the City of Los Angeles, pursuant to Sections , ,.61, and.63 of the State of California Government Code (the Subdivision Map Act), makes the prescribed findings as follows: (a) THE PROPOSED MAP WILL BE/IS CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS. The adopted Westlake Community Plan (Case No. CPC CPU) designates the subject property for Mixed-Use Commercial/Residential land use with the corresponding zones of RC4 and RC5, and High Density Residential with

15 VESTING TENTATIVE TRACT MAP NO PAGE 15 corresponding zones of R5, RAS3, and RAS4. The property contains approximately 2.41 net acres (104,891 net square feet after required dedication and including the alley vacation) and is presently zoned RC5(CW) and R5(CW). The proposed development of a 275-unit apartment building is allowable under the current adopted zone and the land use designation. The project is located within the Central City West Specific Plan and has been approved for specific plan project permit compliance under Case Nos. APCC SPE-SPP and DIR SPP- SPPA. The site is not subject to the Specific Plan for the Management of Flood Hazards (floodways, floodplains, mud prone areas, coastal high-hazard and floodrelated erosion hazard areas). Therefore, as conditioned, the proposed tract map is consistent with the intent and purpose of the applicable General and Specific Plans. (b) THE DESIGN AND IMPROVEMENT OF THE PROPOSED SUBDIVISION ARE CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS. This project is subject to the Central City West Specific Plan requirements and has been approved for the apartment building currently under construction (Case Nos. APCC SPE-SPP and DIR SPP-SPPA). The proposed project will provide 507 parking spaces in excess of the LAMC requirements for apartment parking (483 required parking spaces). 2 nd Street is a Major Highway Class II dedicated to a 90-foot width at the project s street frontage. A Specific Plan Exception to permit no dedication requirements along the 2 nd Street frontage was granted under Case No. APCC SPE-SPP by City Council on December 15, Lucas Avenue is a Secondary Highway dedicated to a 60-foot width at the project s street frontage. The Central Area Planning Commission and City Council granted a Specific Plan Exception to reduce dedication along Lucas Avenue from a 24-foot at its pervious designation of the Major Highway Class II to a 7-foot dedication anticipating the currently approved redesignation to a Secondary Highway through the Central Cit West Specific Plan amendments (Ordinance No. 179,420 effective January 19, 2008). Tuluca Street is a Local Street dedicated to 60-foot width at the project s street frontage and being a non-continuous street no dedication is required. As conditioned the design and improvements of the proposed project are consistent with the applicable General and Specific Plans as approved under APCC SPE-SPP. (c) THE SITE IS PHYSICALLY SUITABLE FOR THE PROPOSED TYPE OF DEVELOPMENT. The site is currently under construction for a 275-unit multiple-family apartment development including 55 affordable units and 220 market rate units. The site is one of the few under-improved properties in the vicinity. The development of this tract is an infill of an otherwise mix-density area. The project has been approved by the City Council, Central Area Planning Commission, and the Department of City Planning for exceptions from the Central City West Specific Plan including residential use without commercial floor area, reduced side yard setbacks, reduced street dedication requirements, project permit compliance, and adjustments. The

16 VESTING TENTATIVE TRACT MAP NO PAGE 16 tract has been approved contingent upon the satisfaction of the Department of Building and Safety, Grading Division prior to the recordation of the map and issuance of any permits. (d) THE SITE IS PHYSICALLY SUITABLE FOR THE PROPOSED DENSITY OF DEVELOPMENT. Surrounding properties are within the CW Zone, and are differentiated by contoured topography and improved streets. The Westlake community Plan describes the neighborhood as follows: the southern end of the Central City West is characterized by office uses, while its northern half is less developed and dominated by multiplefamily residential. The area immediately south and west of the subject property contains multiple-family residential uses. There are commercial uses in the vicinity on both sides of 2 nd Street, Beverly Boulevard, and Glendale Boulevard. Belmont High School campus is located at 1575 W. 2 nd Street. The subdivision is for the purpose of separating (by airspace lots) the market rate apartments from the affordable apartments. The affordable apartments are taxed at a different rate than the market rate dwellings therefore this airspace airspace is necessary and for Federal tax credit purposes only. It will not increase the approved density permitted on-site. The proposed project will comply with all LAMC requirements for parking, yards, and open space. As conditioned the proposed subdivision is physically suitable for the proposed density of the development. (e) THE DESIGN OF THE SUBDIVISION AND THE PROPOSED IMPROVEMENTS ARE NOT LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE OR SUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE OR THEIR HABITAT. The project is within the final stages of construction. Measures required as part of APCC SPE-SPP mitigate the any potential environmental impacts to a less than significant level. Furthermore, the project site, as well as the surrounding area are presently developed with structures and do not provide a natural habitat for either fish or wildlife. (f) THE DESIGN OF THE SUBDIVISION AND THE PROPOSED IMPROVEMENTS ARE NOT LIKELY TO CAUSE SERIOUS PUBLIC HEALTH PROBLEMS. There appear to be no potential public health problems caused by the design or improvement of the proposed subdivision. The development is required to be connected to the City's sanitary sewer system, where the sewage will be directed to the LA Hyperion Treatment Plant, which has been upgraded to meet Statewide ocean discharge standards. The Bureau of Engineering has reported that the proposed subdivision does not violate the existing California Water Code because the subdivision will be connected to the public sewer system and will have only a minor incremental impact on the quality of the effluent from the Hyperion Treatment

17 VESTING TENTATIVE TRACT MAP NO PAGE 17 Plant. (g) THE DESIGN OF THE SUBDIVISION AND THE PROPOSED IMPROVEMENTS WILL NOT CONFLICT WITH EASEMENTS ACQUIRED BY THE PUBLIC AT LARGE FOR ACCESS THROUGH OR USE OF PROPERTY WITHIN THE PROPOSED SUBDIVISION. Needed public access for roads and utilities will be acquired by the City prior to recordation of the proposed tract. The tract map states that existing sewer easement and dedicated alley are to be quit claimed and that existing street dedications exist. (h) THE DESIGN OF THE PROPOSED SUBDIVISION WILL PROVIDE, TO THE EXTENT FEASIBLE, FOR FUTURE PASSIVE OR NATURAL HEATING OR COOLING OPPORTUNITIES IN THE SUBDIVISION. (REF. SECTION ) In assessing the feasibility of passive or natural heating or cooling opportunities in the proposed subdivision design, the applicant has prepared and submitted materials which consider the local climate, contours, configuration of the parcel(s) to be subdivided and other design and improvement requirements. Providing for passive or natural heating or cooling opportunities will not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in effect at the time the tentative map was filed. In addition, prior to obtaining a building permit, the subdivider shall consider building construction techniques, such as overhanging eaves, location of windows, insulation, exhaust fans, planting of trees for shade purposes and the height of the buildings on the site in relation to adjacent development. These findings shall apply to both the tentative and final maps for Vesting Tentative Tract Map No S. Gail Goldberg, AICP Advisory Agency MAYA ZAITZEVSKY Deputy Advisory Agency MZ:SR:jq Note: If you wish to file an appeal, it must be filed within 10 calendar days from the decision date as noted in this letter. For an appeal to be valid to the City Planning

18 VESTING TENTATIVE TRACT MAP NO PAGE 18 Commission, it must be accepted as complete by the City Planning Department and appeal fees paid, prior to expiration of the above 10-day time limit. Such appeal must be submitted on Master Appeal Form No. CP-7769 at the Department s Public Offices, located at: Figueroa Plaza Marvin Braude San Fernando 201 N. Figueroa St., 4 th Floor Valley Constituent Service Center Los Angeles, CA Van Nuys Blvd., Room 251 (213) Van Nuys, CA (818) Forms are also available on-line at If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section , 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 There may be other time limits which also affect your ability to seek judicial review. If you have any questions, please call Subdivision staff at (213) N:\Za\Expedited Processing Section\Subdivision Folder\70417\70417 staff report.doc