Los Angeles City Planning Commission 200 North Spring Street, Room 532, City Hall, Los Angeles, CA (213)

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1 Los Angeles City Planning Commission 200 North Spring Street, Room 532, City Hall, Los Angeles, CA (213) Date: DEC 0 6 Honorable City Council Room 395, City Hall CEQA: ENV CE Council District No. 1,8,10 Plan Area(s): West Adams-Baldwin Hills-Leimert, South Los Angeles, and Wilshire CITY PLAN CASE NO ICO On September 9,2004, the City Planning Commission approved the proposed establishment of the lnterim Control Ordinance, for all commercial and industrial zoned properties within the area roughly bounded by Pico Blvd., to the north, Western Avenue, to the east, Jefferson Blvd., to the south and La Brea Avenue to the west. During the hearing, a representative from Council District 10 requested that the western boundary be amended from La Brea Avenue to La Cienega Blvd. and Fairfax Avenue as indicated on the attached revised boundary map. At its meeting of October 14, 2004, the following action was taken by the City Planning Commission: Adopted the Planning Department Staff Report as the Commission Report and; Ap~roved the proposed establishment of an Interim Control Ordinance which will impose temporary reguhtions on the issuance of all permits including but not limited to grading, building, foundation,and use permits related to: automobile uses, recycling material processing and sorting facilities, junk yards, and similar uses involving open storage, processing, sales and repair of materials or equipment, including used materials and'equipment, change of use, erection, construction, demolition, removal, exterior addition, or alteration to a building or structure used for such purposes and located in whole or in part within the proposed amended ICO boundary, as indicated on the attached revised boundary map. MPROVED and RECOMMENDED that the Citv Council ad0~t the attached lnterim Control Ordinance (ICO) as modified to be effective for a period of one year and two (2) six (6) month extensions. APPROVED and RECOMMENDED that the Citv Council adopt and certify General Exemption No. ENV CE ADOPTED the Findings. The complete City Plan Case file is being transmitted for your consideration and appropriate action. The City Planning Commission action was approved by the following vote: Moved: Atkinson Seconded: Schiff Ayes: Burg, Chang, Cardenas, George, Mahdesian, Mindlin Vote: 8-0

2 CITY PLAN CASE NO Page 2 ~ilfiarns, Commission Executive Assistant II City Planning Commission The time in which a party may seek judicial review of this determination is governed by California Code of Civil Procedure Section Under that provision, a petitioner may seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section , only if the petition for writ of mandate pursuant to that section is filed no later than the 90th day following the date on which the City's decision becomes final. Attachments: Findings, Ordinance, Revised Ordinance Map

Charter Section 253: The proposed ordinance contains an Urgency Clause making it effective, upon publication, for the immediate protection of the public peace, health, and safety.

3 Charter Section 253: The proposed ordinance contains an Urgency Clause making it effective, upon publication, for the immediate protection of the public peace, health, and safety. Since the study of permanent regulations to control these uses may take a year to complete, interim measures are needed to protect existing neighborhoods, and to prevent further damage resulting from a dramatic increase of auto-related uses, junk yards, open storage yards and recycling material processing and sorting facilities which, if unregulated can degrade the quality of life for residents within the community, as well as create a loss of opportunities for other commercial uses. This ICO is needed to protect the neighborhoods from development that is inconsistent with the intent of the Community Plans. A delay in the implementation of this ordinance could result in the addition of p CITY PLAN CASE NO C0 Page 1 FINDINGS: Geoara~hic Area: ICO boundary includes all commercial and industrial zoned properties roughly bounded by Pico Blvd to the north, Western Ave. to the east, Jefferson Blvd. to the south, and La Cienega Blvd. and Fairfax Ave. to the west, as indicated on Exhibit B. The ICO boundary is located within three (3) Community Plan Areas, including West Adams-Baldwin Hills-Leimert, South Los Angeles, and a small portion of the Wilshire Community Plan area. Charter Sections 556 & 558: The proposed ordinance is in substantial conformance with the purpose, intent, and provisions of the General Plan in that the proposed project tem~orarily prohibits the issuance of certain permits related to automotive uses, recycling material processing and sorting facilities, junk yards and open storage uses. The proposed ordinance is consistent with the following goals and objectives of the West Adams-Baldwin Hills-Leimert Community Plans, South Los Angeles and Wilshire Community Plan in that: A substantial portion of the proposed ICO boundary is located within the West Adams-Baldwin Hills- Leimert Community Plan which calls for the need to "identify and address the over-concentration of uses which have resulted in the encouragement of activities detimental to the health and welfare of the people of the community"(0bjective 1-3). The proposed ICO is consistent with this objective. in that the intent of the ICO is to temporarily prohibit issuance of certain permits associated with specific uses that have been identified as creating a negative environmental impact on the existing communities, endangering the health and welfare of individuals who work, reside, and/or attend school within the area. The Commercial Goal listed in the South Los Angeles and West Adams-Baldwin Hills-Leimert Community Plan calls for policy that "Promotes development of single or aggregated parcels for mixed-use commercial and residential development which would provide housing near jobs, reduce vehicular trips, reduce congestion, and air pollution, as well as stimulate Pedestrian Oriented Areas to enhance the quality of life in the Plan Area". In addition the Wilshire Community Plan encourages development that promotes the visual enhancement of commercial conidors, encourages pedestrian oriented and distinctive commercial districts. The uses identified in the proposed ordinance have increased in number and concentration throughout the South Los Angeles region and are often placed without regard to the physical appearance, compatibility andlor proximity to sensitive uses including schools and residential areas. Establishment of the proposed ICO will promote development that is consistent with the goals and objectives listed within all three Community Plans.

4 of many of these commercial corridors resulting in potentially irreversible adverse impacts on the community. 4. California Environmental Qualitv Act: The proposed ordinance is exempt from the California Environmental Quality Act of 1970 (CEQA), pursuant to Article II, Section 2 (m), of the City's Guidelines in that adoption of the proposed Interim Control Ordinance will not result in any impacts on the physical environment.

CITY PLAN CASE NO. 2004-2395-ICO Page I ORDINANCE NO.

5 CITY PLAN CASE NO ICO Page I ORDINANCE NO. An ordinance imposing interim regulations on the issuance of building and all other permits for Automobile-Related Uses on all properties Burbank, Cahuenga, Chandler, Lankershim and Magnolia Boulevards, and Tujunga and Vineland Avenues as shown in the North Hollywood lnterim Control Ordinance (ICO) Area within the North Hollywood-Valley Village Community Plan, WHEREAS, on March 25,2003, the Planning and Land Use Management Committee of the City Council adopted a motion instructing the Department of City Planning to develop an Interim Control Ordinance on the issuance of building permits for automobile uses within the North Hollywood ICO area; WHEREAS, the North Hollywood-Valley Village Community Plan was updated on May 14, 1996, the NoHo Commercial and Artcraft District was adopted May 31, 1995, and the North Hollywood Redevelopment Project area was amended on September 23, 1997 with the intention of eliminating physical and economic blight through revitalization and development; WHEREAS, the North Hollywood-Valley Village Community Plan identifies as a fundamental objective the need to preserve single-family neighborhoods by establishing appropriate transitions between commercial and adjoining uses, especially residential; WHEREAS, the North Hollywood-Valley Village Community Plan identifies objectives promoting social and economic well-being through appropriate allocation and distribution of commercial lands, with zoning provisions to effectuate land uses that function without detriment to adjacent development, and through improvement of the appearance of development along major arteries; WHEREAS, there are currently no mitigative provisions contained within the North Hollywood-Valley Village community Plan or the North Hollywood Redevelopment Project Area Plan that specifically address impacts associated with the continued development of automobile-related uses in the proposed Interim Control are. The absence of theses provision could result in a greater concentration of automobile-related uses, limiting the community's long-term ability to provide a full range of locally-serving commercial uses: WHEREAS, within the areas along Burbank, Cahuenga, Chandler, Lankershim and Magnolia Boulevards, and Tujunga and Vineland Avenues, there is an over-concentration of used automobile dealerships and automobile repair facilities. These facilities are often placed without regard to site design and landscape standards, architectural appearance or compatibility to surrounding commercial uses. Since they are often permitted by-right along major commercial corridors, other opportunities for economic commercial growth are significantly reduced;

6 CITY PLAN CASE NO ICO Page 2 WHEREAS, the proliferation of automobile-related uses has raised concerns in the community regarding air quality, noise, traffic, parking, environmental hazards, and undesirable aesthetic impacts caused by automobile uses, such as used car sale lots and automobile repair shops. The placement of these uses in close proximity to residences and pedestrian oriented commercial uses is inappropriate without additional requirements to mitigate their negative effects such as blight, noise, toxins, and overflow parking problems. The visual blight created by the over-concentration of these automotive-related uses has contributed to a non-pedestrian friendly streetscape, lack of landscape improvements and lack of street improvements along the public right-of-way; WHEREAS, there currently exists available parcels of property within the Interim Control area that, if not otherwise regulated, could be used for automobile-related uses; WHEREAS, the potentially significant impacts associated with spray paintkoating operations (noxious fumes, exposure to hazardous chemicals, odors, and equipment noise) may result in further detriment to adjacent residential properties; and, WHEREAS, further study is needed by the City to determine the appropriate measures to reduce the proliferation of these automobile-related uses; and WHEREAS, thc lnterim Control Ordinance (ICO) will be enforced until such time as the Department of City Planning has completed the study to consider Design Guidelines and. Standards and associated Permanent [Q] Qualified Conditions which will further regulate automobile-related uses, or until other permanent land use regulations are imposed. NOW THEREFORE, THE PEOPLE OF THE ClTY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

CITY PLAN CASE NO. 2004-2395-ICO Page 3 Section I. DEFINITIONS. The following terms, whenever used in this Ordinance, shall be as defined in this Section.

7 CITY PLAN CASE NO ICO Page 3 Section I. DEFINITIONS. The following terms, whenever used in this Ordinance, shall be as defined in this Section. Words and phrases not defined here shall be construed as defined in Section of the Los Angeles Municipal Code (LAMC), if defined therein. A. Automobile-Related Use. Automobile, trailer, and recreational vehicle sales and/or rentals, automobile dismantling yards, automotive fueling and service stations, automobile laundry or wash racks, and automotive repair as that term is defined in Section of the Los Angeles Municipal Code. B. Project. The construction, erection, reconstruction, rehabilitation, interior or exterior remodeling, addition to or structural alteration of any building, structure or sign, or the demolition of any building or structure or grading of any land, or a use of vacant land or a change of use, for an Automobile-Related Use on a lot located in whole or in part within the Interim Control area identified in Section 3 of this Ordinance, which requires the issuance of a building permit, or issuance of g t type ~ ~ of pennit/authorization (under anv City agency authority), to allow non pre-existing, or pre-existing but unapproved, spray paintinglcoating operations of any kind. Section 2. PROHIBITION. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, for a period of 365 days from the effective date of this Ordinance, or until a permanent set of design guidelines and standards ;vhich will regulate Automobile-Related Uses become effective, or until other permanent land use regclations governing Automobile- Related Uses within the area covered by the In the lnterim Control area as shown on the map identified in Section 3 of the Ordinance become effective, whichever occurs first: No building permit shall be issued, nor shall any type of permitlauthorization (under my City agency authority), to allow non pre-existing, or pre-existing but unapproved, spray paintinglcoating operations be issued for any Project. Section 3. INTERIM CONTROL AREA. The provisions of this Ordinance shall apply to properties located along Burbank, Cahuenga, Chandler, Lankershim and Magnolia Boulevards, and Tujunga and Vineland Avenues, within North Hollywood-Valley Village Community Plan area, as shown on the following map: Section 4. EXCEPTIONS. A. The prohibition specified in Section 2 of this Ordinance shall not apply to any construction for which a building permit is required, as follows: I. In order to comply with an order issued by the Department of Building and Safety to repair, remove, or demolish an unsafe building or a substandard condition. 2. In order to rebuild a building or structure damaged as a result of fire, earthquake, or other natural disaster, provided that the development is not prohibited by any provision of the Los Angeles Municipal Code.

CITY PLAN CASE NO. 2004-2395-1C0 Page 4 B.

8 CITY PLAN CASE NO C0 Page 4 B. The prohibition specified in Section 2 of this Ordin ance shall not ap )ply to any Permit for a Project for which (1) architectural and structural plans sufficient for a complete plan check were accepted by the Department of Building and Safety on or before June ; and (2) all Project fees or guarantees for the payment of fees for the Project were accepted by the City on or before June 12, This exception shall only apply if no subsequent changes are made to these plans which increase or decrease the height, floor area, or occupant load by more than five percent, or change the use, or if any changes violate the Los Angeles Municipal Code regulations in force on the date that the plan check fee was paid. C. However, any Permit issued pursuant to Exception B above shall become invalid if construction was not commenced by June Construction has commenced if construction pursuant to a valid building permit has progressed to the point that one of the inspections required by LAMC Section 91.I083 has been made and the work for which the inspection was called has been approved by the Department of Building and Safety. Section 5. EXTENSION OF REGULATIONS. The City Council may, by resolution, extend the provisions of this Ordinance for 365 days, so long as the City Council makes the following finding: That the appropriate City agencies and officials are exercising due diligence to assure that a permanent set of design guidelines and standards which will regulate Automobile-Related Uses or other permanent land use regulations governing Automobile- Related uses in the area subject to the Interim Control Ordinance are being expeditiausly processed. Section 6. HARDSHIP EXEMPTIONS. The City Council, acting in its legislative capacity and by resolution, may grant exemptions from any or all of the provisions of this Ordinance in cases of extreme hardship duly established to the satisfaction of the City Council. An application for a hardship exemption shall be filed with the City Clerk on forms provided by the Department of City Planning. Section 7. SEVERABILITY. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Ordinance which can be implemented without the invalid provision, and, to this end, the provisions of this Ordinance are declared to be severable. Section 8. APPLICABILITY OF THE ZONING CODE. The regulations of this Ordinance are in addition to those set forth in the Planning and Zoning Code of Chapter 1 of the Los Angeles Municipal Code and any other ordinance adopted by the City Council and do not contain any rights not otherwise granted under the provisions and procedures contained in that Chapter or other ordinances. Section 9. URGENCY CLAUSE. The City Council finds and declares that this Ordinance is required for the immediate protection of the public peace, health and safety for the following reasons: This Ordinance will temporarily prevent development which could create additional undesirable aesthetic impacts to the community through the placement of Automobile-Related Uses in close proximity to residences and pedestrian oriented commercial

9 CITY PLAN CASE NO ICO Page 5 uses. The proliferation of these automobile-related uses within the Interim control area are inappropriate without additional requirements to mitigate their negative effects such as blight, noise, air quality, toxins, and ovefflow parking problems. These uses are often placed without regard to site design and landscape standards, architectural appearance or compatibility with the surrounding uses. The visual blight created by the over-concentration of these automotiverelated uses has contributed to a non-pedestrian friendly streetscape, lack of landscape improvements, and lack of street improvements along the public right-of-way. There currently exist available parcels of property within the proposed lnterim Control area that, if not otherwise regulated, could be used for automobile-related uses. This Ordinance is necessary to prevent irreversible development from occurring pending the approval of a permanent set of design guidelines and standards which will further regulate Automobile-Related Uses, or until other permanent land use regulations are imposed. Therefore, this Ordinance shall become effective upon publication pursuant to Los Angeles City Charter Section 253.

10 Section 10. The City Clerk shall certify to the passage of this Ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public spaces in the City of Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City Hall; one copy on the bulletin board located at the ground level at the Los Angeles Street entrance to the Los Angeles Police Department; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that the foregoing Ordinance was passed by the Council of the City of Los Angeles, by a vote of not less than three-fourths of all its members, at its meeting of Frank T. Martinez, City Clerk By: Deputy Approved JAMES K. HAHN, Mayor Approved as to Form and Legality: ROCKARD J. DELGADILLO, City Attorney BY Assistant City Attorney Pursuant to Charte tn 559,l approve this ordinance and recommend its adoption on behalf of the City Planning Commission... Dated: see attached report. CON HOWE Director of Planning File No. CF

ORDINANCE NO. 1_8_0_1_0_3_

ORDINANCE NO. 1_8_0_1_0_3_ An ordinance imposing interim regulations on the issuance of all permits related to the establishment of new fast food restaurants on commercial or industrial zoned properties