LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT CONTINUED FROM APRIL 13, 2006

Transcription

1 LOS ANGELES CITY PLANNING DEPARTMENT RECOMMENDATION REPORT CONTINUED FROM APRIL 13, 2006 CITY PLANNING COMMISSION DATE: July 13, 2006 TIME: after 8:30 a.m.* PLACE: Los Angeles City Hall 200 N. Spring Street, 10 th Floor Los Angeles, CA Limited Public Hearing Required Expiration Date: July 14, 2006 Zone Change is appealable by applicant to City Council if disapproved in whole or in part; Variance and Adjustment are appealable to City Council (per LAMC Section 12.36) CASE NO. CPC GPA-VZC-CU-SPR GENERAL PLAN AMENDMENT-VESTING ZONE/HEIGHT DISTRICT CHANGE- CONDITIONAL USE-SITE PLAN REVIEW CEQA: ENV MND(REC) Location: W. Sunset Boulevard Council District: 13 Plan Area: Hollywood Hollywood Redevelopment Project Area Neighborhood Council: Hollywood Studio District Plan Land Use: Highway Oriented Commercial Zone: C2-1-SN District Map: 147A191 REQUEST: 1. Pursuant to Section of the Municipal Code, a General Plan Amendment to the Hollywood Community Plan, Footnote No. 12, to increase the maximum floor area ratio (FAR) permitted in the Highway Oriented commerce designation to 3:1. 2. Pursuant to Section Q of the Los Angeles Municipal Code, a Vesting Zone/Height District Change from C2-1-SN (Commercial Zone) to C2-2D-SN (Commercial Zone with D limitation on FAR); 3. Pursuant to Section W.19 of the Municipal Code, a Conditional Use approval for floor area ratio averaging across three lots for a unified development FAR of 2.59:1 4. Pursuant to Section of the Municipal Code, Site Plan Review for a project consisting of more than 50 dwelling units. PROJECT: The subdivision of five parcels into two parcels for the for the conversion of an existing 90 room hotel into 52 apartment units (Lot 1), and the adaptive reuse conversion of an existing 35,340 square foot commercial building into 20 commercial condominium units for creative offices (Lot 2). Parking for the residential units will be provided on site for 52-spaces and an additional 27 tandem spaces will also be available. Parking for the commercial condominiums will be on the ground level of the rear of the building for 32-spaces and 52 off-site parking spaces will available on the abutting property to the west. The project site 42,875 square feet. APPLICANT: Marc Annotti, DS Ventures, LLC RECOMMENDATION: 1. Approve a General Plan Amendment to the Hollywood Community Plan, Footnote No. 12, to increase the maximum floor area ratio (FAR) permitted in the Highway Oriented commercial designation from the current 1.5:1 to 3:1, subject to Conditions and Limitations. 2. Disapprove the Vesting Zone Change as filed. 3. Approve a Zone/Height District Change to C2-2D-SN, subject to the attached Conditions of Approval. 4. Approve a Conditional Use to permit floor area ratio averaging across three lots for a unified development FAR of 2.59:1. 5. Approve the requested Site Plan Review 6. Adopt Mitigated Negative Declaration No. ENV MND(REC). 7. Adopt the attached Findings. 8. Recommend that the applicant be advised that limits for effectuation of a zone in the T Tentative classification 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. 9. 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 S. GAIL GOLDBERG, AICP Director of Planning David Gay, Principal City Planner Jim Tokunaga, Hearing Officer (213) Attachments Findings Staff Report Exhibits ENV MND(REC) 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 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 Project Summary The project site is comprised of five lots zoned C2-1-SN on Sunset Boulevard between Van Ness Avenue approximately 50-feet to the east and Bronson Avenue approximately 300-feet to the west. The Hollywood Freeway is located 250-feet east of the site. The site is currently improved with a 12-story, 90-room hotel (Metropolitan Hotel) constructed in the early 1980's, and a two-story approximately 35,340 square foot commercial building ( U shaped building around the hotel) constructed around the same time. A surface parking lot surrounds the hotel on three sides fronting the commercial establishments. There is also a subterranean garage beneath the surface parking lot. Prominent adjacent uses include the Tribune Broadcasting (KTLA) studios to the south, and a new public high school under construction located southeast of the site adjacent to the Hollywood Freeway. The proposed project includes a concurrent (under separate application) Vesting Tentative Tract Map that would re-subdivide the five lots into two lots. The two lots would coincide with the proposed residential uses consisting of converting the hotel into 52 residential apartment units (proposed Lot 1), and converting the commercial center into 20 commercial condominium units for creative offices (proposed Lot 2). Parking for the 52-unit apartment building will be provided in the existing underground parking garage and surface parking around the building. The Code required 52-parking spaces for the residential units will be provided on-site as well as an additional 27 tandem parking spaces. Parking for the proposed 20-unit creative office condominiums will be provided on the ground floor level of the rear building (32 spaces) and off-site (52-spaces) in the companion residential project abutting to the west. The apartment units will include several different floor plans that will range from 511 to 972 square feet and will all be studio units. The initial application filed on October 7, 2005, did not include a general plan amendment for amending the footnote in the Hollywood Community Plan. The City Planning Commission held an abbreviated meeting on the original entitlements on March 9, A discussion with staff about additional entitlements that may be required led to the preparation of additional applications to amend Footnote No. 12 of the Hollywood Community Plan so that the proposed FAR of 3:1 may be permitted under certain circumstances, to change the Zone Change request to include a Height District Change from C2-1-SN to C2-2D-SN (but no longer a request for the RAS4 Zone), and to request a conditional use permit for floor area averaging (across this site and the adjacent parcel to the west). Since the project would retain its C2 zoning and comply with the density regulations, the previously requested variance for density is no longer required, and have been withdrawn. Companion Case (CPC GPA-VZC-CU-ZV-SPR). An adjacent parcel to the west, Sunset Boulevard (referred to as the West Parcel ) is also included in portions of the subject requests. The West Parcel is comprised of one lot currently developed with a one story commercial building that will be demolished for the construction of a six-story, 79-unit residential condominium buildings. Both the West and East Parcels are under the same ownership and will require a General Plan Amendment to the Footnote 12 for increased FAR and a Conditional Use to average the FAR across both sites. In addition, some of the parking for the East Parcel will be located on the West Parcel.

4 CPC GPA-VZC-CU-SPR 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 parcel map or 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 Department of City Planning for attachment to the subject City Plan Case file. 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). 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 the 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. a. Street Dedication and Improvements. If determined necessary, dedicate and improve all adjacent streets to the satisfaction of the City Engineer. b. Street Lighting. Provide street lighting to the satisfaction of the Bureau of Street Lighting. c. Street Trees. Construct tree wells and plant street trees to the satisfaction of the Street Tree Division of the Bureau of Street Maintenance. d. Sewers. Construct sewers to the satisfaction of the City Engineer. e. Drainage. Construct drainage facilities to the satisfaction of the City Engineer. 3. Parking and Driveway Plan. Prior to the issuance of a building permit, the applicant shall submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation (Citywide Planning Coordination Section) for approval. 4. Recreation and Parks Dedication/Fee. Per Section of the Municipal Code, the applicant shall dedicate land for park or recreational purposes or pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings. 5. Schools. The applicant shall make payment to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area.

5 CPC GPA-VZC-CU-SPR T-2 6. Cable Television. The applicant shall make necessary arrangements with the appropriate cable television franchise holder to assure that cable television facilities will be installed in City rights-of-way in the same manner as is required of other facilities, pursuant to Municipal Code Section N, to the satisfaction of the Department of Telecommunications. 7. Police. The building plans shall incorporate design guidelines relative to security, semi-public and private spaces (which may include but not be limited to access control to building), secured parking facilities, walls/fences with key systems, well-illuminated public and semipublic space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities and building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Refer to Design out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department s Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, Phone: ). These measures shall be approved by the Police Department prior to the issuance of building permits. 8. Fire. 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 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. Notice. If conditions dictate, connections to the public sewer system may be postponed until adequate capacity is available. 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.

6 CPC GPA-VZC-CU-SPR 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 Restrictions and Limitations. The use of the subject property including restrictions, limitations, and area regulations, shall be limited to those permitted in the C2 Zone as defined in Section of the Municipal Code. 2. Site Plan. Prior to the issuance of any permits for the subject project, detailed development plans, including a complete landscape and irrigation plan shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. 3. Density. Not more than 52 dwelling units shall be constructed on the subject property. 4. Floor Area. Commercial floor area shall be limited to a maximum of 42,000 square feet. 5. Parking. All project related parking shall be provided in compliance with Section A.4 of the Municipal Code. B. Other Conditions 6. Construction Related Parking. No employees or subcontractor shall be allowed to park on surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of heavy construction vehicles along Sunset Boulevard before 9:00 AM or after 4:00 PM, Monday through Friday. All construction vehicles shall be stored on site unless returned to their owners base of operations. 7. 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 4:00 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. 8. Loading. Loading and unloading activities shall not interfere with traffic on any public street. Public sidewalks, alleys and/or other public ways shall not be used for the parking or loading or unloading of vehicles. The location of loading areas shall be clearly identified on the site plan to the satisfaction of the Department of City Planning. 9. Maintenance. The subject property including associated parking facilities, sidewalks, outdoor pool areas, and landscaped planters adjacent to the exterior walls along the property lines shall be maintained in an attractive condition and shall be kept free of trash and debris. Trash receptacles shall be located throughout the site. 10. Air Pollution (Stationary). The applicant shall install an air filtration system capable of removing 99.97% of all airborne contaminants at 0.3 microns in order to reduce the diminished air quality effects on occupants of the project.

7 CPC GPA-VZC-CU-SPR Q-2 C. Environmental Conditions 11. 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. 12. Graffiti. Every 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 Lighting. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties. 14. Seismic. The design and construction of the project shall conform to the Uniform Building Code seismic standards as approved by the Department of Building and Safety. 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. 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. All construction equipment shall be fitted with residential grade mufflers. b. 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.

8 CPC GPA-VZC-CU-SPR Q-3 c. Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously that causes high noise levels. d. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. e. 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. 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. 19. Stormwater and Urban Runoff Pollution Control. The project shall comply with 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

9 CPC GPA-VZC-CU-SPR Q-4 d. 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. e. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater drainage rate will result in increased potential for downstream erosion. f. Maximize trees and other vegetation at the site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants. g. Any connection to the sanitary sewer shall be required to receive authorization by the Bureau of Sanitation. h. All storm drain inlets and catch basins within the project area shall be stenciled with prohibitive language (such as NO DUMPING - DRAINS TO OCEAN ) and/or graphical icons to discourage illegal dumping. j. The owner shall record a covenant and agreement satisfactory to the Planning Department 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. 20. Parking Structure Ramps. Concrete, not metal, shall be used for construction of parking ramps. The interior ramps shall be textured to prevent tire squeal at turning areas. 21. Noise (Residential). a. All exterior windows having a line of sight from Sunset Boulevard and the Hollywood Freeway (Route 101) shall be constructed with double-pane glass and use exterior wall construction which provides a Sound Transmission Class of 50 or greater as defined in UBC No. 35-1, 1979 edition or any amendment thereto. b. The applicant, as an alternative, may retain an acoustical engineer to submit evidence, along with the application for a building permit, any alternative means of sound insulation sufficient to mitigate interior noise levels below a CNEL of 45 dba in any habitable room. 22. School Safety. Prior to the start of construction, the applicant shall contact the Los Angeles Unified School District (LAUSD) Transportation Branch at (323) regarding potential impacts to school bus routes. All construction activity shall maintain unrestricted access for school buses during construction and comply with provisions of the California Vehicle Code by requiring construction vehicles to stop when encountering school buses using red flashing lights. In addition the applicant shall comply with the following conditions:

10 CPC GPA-VZC-CU-SPR Q-5 a. Ensure that construction activity does not endanger passenger/student safety or delay student drop-off or pickup due to changes in traffic patterns, lane adjustments, altered bus stops, or traffic lights. b. Maintain safe and convenient pedestrian routes to LAUSD schools. LAUSD will provide School Pedestrian Route Maps upon request. c. Maintain ongoing communication with school administration at affected schools, providing sufficient notice to forewarn students and parents/guardians when existing pedestrian and vehicle routes to schools may be impacted. d. Install appropriate traffic controls (signs and signals) to ensure pedestrian and vehicular safety. e. Haul routes shall not pass affected school sites, except when school is not in session. If infeasible, no hauling during school arrival and dismissal times. f. No staging or parking of construction related vehicles, including worker transport vehicles, adjacent to school site. g. Provide crossing guards when safety of students may be compromised by construction related activities at impacted school crossings. h. Install barriers and/or fencing to secure construction equipment and site to prevent trespassing, vandalism, and attractive nuisances. i. Provide security patrols to minimize trespassing, vandalism, and short cu attractions. 23. Solid Waste. The developer shall institute a recycling program to the satisfaction of the Planning Department to reduce the volume of solid waste going to landfills. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be picked up no less than once a week as a part of the project s regular trash pick-up program. D. Administrative Conditions 24. 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 Department of City Planning for placement in the subject file. 25. 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. 26. 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 Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder s number and date shall be provided to the Department of City Planning for attachment to the file.

11 CPC GPA-VZC-CU-SPR Q 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. 28. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency s successor and in accordance with any stated laws or regulations, or any amendments thereto. 29. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety. 30. Corrective Conditions. The authorized use shall be conducted at all times with due regard for 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 conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 31. Idemnification. The applicant shall defend, idemnify 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, idemnify, or hold harmless the City.

12 CPC GPA-VZC-CU-SPR D-1 D DEVELOPMENT LIMITATION Floor area ratio (FAR) of 0.5 :1. A maximum FAR of 1.5:1 shall be permitted on properties designated Highway Oriented Commercial located within the Hollywood Redevelopment Project Area, except a FAR of up to 3.0:1 on those commercial parcels on the north side of Sunset Boulevard between Bronson Avenue and Van Ness Avenue may be permitted for: (1) a commercial/residential mixed-use project having at least 50 percent of the street-level linear building frontage devoted to commercial land use(s) in order to promote street level pedestrian activity, and/or (2) a project that incorporates affordable housing units; Provided that the aforementioned projects either: (a) utilize the RAS3 or RAS4 Zones or, (b) a conditional use permit is granted pursuant to Section W.19 of the Municipal Code to allow FAR averaging of up to 3.0:1 over the entire project site for a unified mixed-use development.

13 CPC GPA-VZC-CU-SPR C-1 A. F.A.R. Averaging Conditions CONDITIONAL USE CONDITIONS OF APPROVAL 1. Floor Area Ratio Averaging. Averaging of the floor area shall be permitted between the two parcels (West Parcel and East Parcel - Vesting Tentative Tract Map Nos and respectively) to permit a unified development with a maximum of 171,177 square feet of floor area. In addition, the applicant shall file a covenant running with the land with the Department of Building and Safety prior to the issuance of any building permits (with a copy to be submitted to the Planning Department) which: a. Guarantees to continue the operation and maintenance of the development as a unified development, as defined by Section W.19 of the Municipal Code; b. Indicates the floor area used on each parcel and the floor area potential, if any, that would remain; c. Guarantees the continued maintenance of the unifying design elements; and d. Specifies an individual entity to be responsible and accountable for this maintenance. An annual inspection of the development shall be made by the Department of Building and Safety to monitor compliance. B. Administrative Conditions. 1. 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 Department of City Planning for placement in the subject file. 2. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are modified. 3. 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 Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder s number and date shall be provided to the Department of City Planning for attachment to the file. 4. 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. 5. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency s successor and in accordance with any stated laws or regulations, or any amendments thereto.

14 CPC GPA-VZC-CU-SPR C-2 6. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety. 7. Corrective Conditions. The authorized use shall be conducted at all times with due regard for 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 opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 8. Utilization of Entitlement. The applicant/owner shall have a period of two years from the effective date of the subject grant to effectuate the terms of this entitlement by either securing a building permit or a certificate of occupancy for the authorized use, or unless prior to the expiration of the time period to utilize the privileges, the applicant files a written request and is granted an extension to the termination period for up to one additional year pursuant to Sections J.3 and C, of the Municipal Code. Thereafter, the entitlement shall be deemed terminated and the property owner shall be required to secure a new authorization for the use. 9. Multiple Entitlements. The subject Conditional Use, Area Adjustment, and Shared Parking Determination require the completion of all applicable conditions of approval herein to the satisfaction of the Planning Department and the effective date of these grants shall coincide with that of the associated zone/height district change on the property involved. 10. Idemnification. The applicant shall defend, idemnify 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, idemnify, or hold harmless the City.

15 CPC VZC-ZV-ZAA-ZAD F-1 FINDINGS 1. General Plan Land Use Designation. The subject property is located within the area covered by the Hollywood Community Plan, which was adopted by the City Council on December 13, 1988 (C.F S1). The Hollywood Community Plan designates the subject property as Highway Oriented Commercial with corresponding zones of C1, C2, and P. The current zoning on site is C2-1-SN and consistent with the Highway Oriented Commercial land use designation. The Hollywood Community Plan Land Use Plan, Footnote Nos 11, and 12 further restricts development of the site and the Highway Oriented Commercial designation. Footnote No. 11 limits the floor area ratio (FAR) in the Centers Study Area (CSA 1) to three times the buildable area of the site. The project site however is not located within the Hollywood Centers Study Area, and therefore the 3:1 FAR is not applicable. Footnote No. 12 limits FAR in other areas of the Hollywood Redevelopment Project (including this site) designated as Highway Oriented Commercial to 1.5:1 (in Height District 1). The proposed project is greater than the permitted 1.5:1 FAR and therefore a General Plan Amendment request to Footnote No. 12 has been made as well as a Zone/Height District Change to C2-2D-SN which will permit a greater FAR than currently allowed. 2. General Plan Text. The Hollywood Community Plan text includes the following relevant land use objective (Objective 3) pertaining to residential development: To make provision for the housing required to satisfy the varying needs and desires of all economic segments of the Community, maximizing the opportunity for individual choice. The proposed project will consist of 52 units of renter occupied studio apartments and 20 units of commercial creative office space. The project involves the adaptive reuse of existing buildings and does not involve displacement of residents or loss of affordable housing. The proposed project will add new residential units therby meeting the objective of the adopted Hollywood Community Plan: 3. The Transportation Element of the General Plan may be affected by the recommended action herein. However, as part of the zone change T and/or tract map conditions of approval, any necessary dedication and/or improvements of Sunset Boulevard to plan designated Major Highway Class II standards 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. 5. Street Lights. Any City required installation or upgrading of street lights is necessary to complete the City street improvement system so as to increase night safety along the street which adjoin the subject property.

16 CPC VZC-ZV-ZAA-ZAD F-2 6. Charter Findings - City Charter Sections 556 and 558 (General Plan Amendment). Section 556 of the City Charter requires the City Planning Commission make findings that the recommended action is in substantial conformance with the purposes, intent and provisions of the General Plan. Section 558 of the City Charter establishes the procedures for the adoption, amendment or repeal of ordinances, orders or resolution proposed by the City Council, City Planning Commission, or Director of Planning or by application of the owner of the affected property if authorized by ordinance. The General Plan land use designation for the subject site is Highway Oriented commercial in the Hollywood Community Plan. The Applicant is requesting an amendment to Footnote No. 12 of the Hollywood Community Plan to increase the maximum floor area ratio that is permitted for specific types of projects in the Highway Oriented commercial designation to 3.0:1 provided the project is rezoned to RAS3 or RAS4 or a conditional use permit for floor area averaging is approved. The current Footnote No. 12 in the Hollywood Plan contains the following limitation: Floor area ratio (FAR) of 0.5 :1. A maximum FAR of 1.5:1 shall be permitted on properties designated Highway Oriented commerce located within the Hollywood Redevelopment Project area The Applicant proposed amended Footnote No. 12 reads as follows Floor area ratio (FAR) of 0.5 :1. A maximum FAR of 1.5:1 shall be permitted on properties designated Highway Oriented Commercial located within the Hollywood Redevelopment Project Area, except a FAR of up to 3.0:1 may be permitted for: (1) a commercial/residential mixed-use project having at least 50 percent of the street-level linear building frontage devoted to commercial land use(s) in order to promote street level pedestrian activity, and/or (2) a project that incorporates affordable housing units; Provided that the aforementioned projects either: (a) utilize the RAS3 or RAS4 Zones or, (b) a conditional use permit is granted pursuant to Section W.19 of the Municipal Code to allow FAR averaging of up to 3.0:1 over the entire project site for a unified mixed-use development. However, the Planning Department recommendation to amend Footnote!2 would read as follows: Floor area ratio (FAR) of 0.5 :1. A maximum FAR of 1.5:1 shall be permitted on properties designated Highway Oriented Commercial located within the Hollywood Redevelopment Project Area, except a FAR of up to 3.0:1 on those commercial parcels on the north side of Sunset Boulevard between Bronson Avenue and Van Ness Avenue may be permitted for: (1) a commercial/residential mixed-use project having at least 50 percent of the street-level linear building frontage devoted to commercial land use(s) in order to promote street level pedestrian activity, and/or (2) a project that incorporates affordable housing units;

17 CPC VZC-ZV-ZAA-ZAD F-3 Provided that the aforementioned projects either: (a) utilize the RAS3 or RAS4 Zones or, (b) a conditional use permit is granted pursuant to Section W.19 of the Municipal Code to allow FAR averaging of up to 3.0:1 over the entire project site for a unified mixed-use development. Further restriction of the Footnote amendment to just those parcels on the north side of Sunset Boulevard between Bronson Avenue and Van Ness Avenue is necessary because the Highway Oriented Commercial designation covers a much broader area of the Hollywood Plan including other sections of Sunset Boulevard, Hollywood Boulevard, La Brea Avenue, Highland Avenue and Vermont Avenue. A wholesale amendment to the cover the entire plan should not be considered by a single private application. The proposed Mitigated Negative Declaration (ENV MND) restricts the General Plan Amendment to this one block. Further environmental impacts may occur if the footnote amendment goes beyond the scope of this application. The Hollywood Community Plan is currently in the process of being updated and any further increase in the Footnote 12 amendment areas should be evaluated by the update of the Plan The proposed General Plan amendment will provide a range of FAR s that allow for the development of residential projects that are not subject to the FAR restrictions intended for purely commercial uses. Currently, because the property is designated Highway Oriented commercial, a maximum FAR of 1.5:1 is imposed for all uses pursuant to the Community Plan Footnote 12 prohibiting the development of the project as proposed. The proposed General Plan Amendment is in conformity with public necessity and convenience because it will allow greater floor area for those projects that are mixed-use and pedestrian oriented and/or provide affordable housing. The proposed amendment to the Footnote does not automatically make by-right the 3.0:1 FAR in the Highway Oriented commercial designation. In order to obtain the 3.0:1 FAR an applicant must still go through a discretionary review process such as a RAS Zone Change, or a Conditional Use for FAR averaging. By requiring that any increase in FAR go through a discretionary review, the city can insure that adequate mitigation measures are imposed that takes into consideration the individual location and neighborhood. Public necessity and convenience is also served by utilizing the recently adopted RAS3 and RAS4 Zone to provide mixed-use projects consisting of commercial and residential uses on an underutilized property in the Hollywood Community Plan area. The RAS 3 and RAS4 Zones and the utilization of floor area averaging are intended to provide tools to accommodate projected population growth in mixed-use and residential projects that are compatible with existing residential neighborhoods. The additional FAR afforded to projects in the RAS Zone, projects with affordable housing, and through FAR averaging would contribute to the expected growth and continued vitality of the community by providing additional opportunities for accessory services and additional residential units in projects in the Hollywood area. Although the proposed project is not a mixed-use development, the proposed amendment would apply to other projects that might include RAS rezoning and mixed-use components. The proposed General Plan amendment will encourage projects that will revitalize older commercial corridors, a main objective of the Community Redevelopment Agency and the Redevelopment Plan. Redevelopment of properties through the use of floor area averaging fulfills the intent behind the Redevelopment Plan, by replacing the outdated uses on an

18 CPC VZC-ZV-ZAA-ZAD F-4 underutilized site with residential developments with accessory commercial services open to both residents of the development and residents of the community, including affordable units. The Framework Element of the General Plan states Improvement of the jobs and housing relationships in sub-areas of the City may be accomplished through the re-use of commercially zoned corridors and development at transit stations which afford the opportunity for the development of a mix of uses, housing, local retail, and offices, and can improve localized jobs and housing relationships. Tracts of vacant properties are less available in urban areas and to accommodate the cumulative amount of population growth, much of new housing has turned to infill projects in the urban areas. There is no detriment to the general welfare of the city, the surrounding community or the future residents of the Hollywood Community with the proposed General Plan amendment because the additional FAR can only be granted through a discretionary review of a zone change to the RAS Zone or a conditional use permit for floor area averaging. Such cases are evaluated on a case-by-case basis to ensure mixed-use projects permitted by the RAS Zone or a floor area averaging conditional use permit are compatible with the surrounding area. This will also ensure the goals of the community plan are addressed. The amendment also requires that affordable housing be provided and/or 50% of the building frontage to be used for commercial purposes when additional floor area is granted. This will serve to reinforce the importance of affordable housing and mixed-use developments in Hollywood. The proposed amendment will serve the general welfare of the city by contributing new residential dwellings, including affordable housing units to the city's housing stock and offer incentives to redevelop underutilized properties in the Hollywood community by allowing a greater FAR. The General Plan amendment will also fulfill the goals of the Redevelopment Plan by providing increased incentive for the development of projects which will provide neighborhood oriented goods and services, such as a restaurants and retail space, creative office space, mixed-use, and affordable housing within an FAR compatible with that allowed for commercially zoned property. Not only will this promote community revitalization by replacing properties with more vibrant, active and unified mixed-use residential and commercial developments, but the project is also compatible with the adjacent residential uses and the adjacent residential neighborhoods. Additional residential development in Hollywood is appropriately located in close proximity to significant employment centers such as Hollywood, Universal City, Burbank studios and downtown Los Angeles, especially with connection via the MTA Red Line subway in Hollywood. 7. Vesting Zone Change (Denial). Pursuant to Section Q of the Municipal Code, the vesting zone change is denied because the plans submitted are preliminary in nature and are not adequate to warrant the approval of a vesting zone change. The applicant is requesting a vesting zone change from the existing C2-1-SN to C2-2D-SN. A vesting zone change requires substantial compliance with the rules, regulations, ordinances, zones, and officially adopted policies of the City of Los Angeles in force on the date the application is deemed complete. The benefit of a vesting zone change (Section Q of the Municipal Code) as opposed to a non vested zone change (Section F of the Municipal Code) is that a vesting zone change may exempt the project from subsequent changes that occur in zoning rules, regulations, or ordinances (except changes made for public health and safety issues). In order to approve a vesting zone change, development plans submitted at the time of application must be comprehensive detailed site plans, landscape plans, square footages, circulation, and other project related amenities. The submitted plans for the proposed project show the basic outline of the buildings and general layout of the site, but they do not show architectural renderings, or required open space areas. The plans do not show any project