CITY OF LOS ANCELES CALIFORNIA

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1 DEPARTMENT OF CITY PLANNING 200 N. SPrRING STREET, ROOM 525 Los ANGELES, CA AND 6262 VAN NUYS BLVD., SUKE 351 VAN NUYS, CA CITY PLANNING COMMISSION RENEEp~~~$ILSON DANA M. PERLMAN VICE-PRESIDENT ROBERT L AHN DAVID H. J. AMBROZ MARIA CABILDO CAROUNE CHOE RICHARD KATZ JOHN W. MACK MARTA SEGURA JAMES K. WILUAMS COMMISSION WECUTNE ASSISTANT 1 CITY OF LOS ANCELES CALIFORNIA ERIC GARCETTl MAYOR EXECUTIVE OFFICES MICHAEL J. LOGRANDE DIRECTOR (213) ALAN BELL, AICP DEPUTY DIRECTOR (213) USA M. WEBBER AlCP DEPUTY DIRECTOR (213) VACANT DEPUTY DIRECTOR (213) FAX: (213) INFORMATION March 12, 2014 "Q" CLARIFICATION VALLEY VILLAGE SPECIFIC PLAN PROJECT PERMIT COMPLIANCE REVIEW Applicant1 Owner Scott Adler Arminta St. Van Nuys, CA Representative Marc Kogan Arminta Van Nuys, CA Case No. CEQA: Location: Council District: Neighborhood Council: Community Plan Area: Land Use Designation: Zone: Legal Description: DIR CLQ-SPP ENV MND-REC Riverside 2 Valley Village North Hollywood - Valley Village Low Mediurr~ I I Residential [QIRDI.5-1 Lot: ; Tract: TR 8627 Last Day to File an Appeal: March 31, 2014 DETERMINATION Pursuant to Section C, Project Permit Compliance of the LAMC, and Section 3 of the Valley Village Specific Plan (Ordinance No. 168,613), as the designee of the Director of Planning, I hereby: Approve with Conditions a Project Permit Compliance to construct 17 two-story single-family homes, with two-car garages, on a 17-lot small lot subdivision on an approximately 43,663 square-foot parcel in the R1.5-1 zone. Pursuant to Los Angeles Municipal Code Section H, I hereby: Approve a Clarification of [Q] Condition of Ordinance No. 165,108 Sub-Area (6780), to read as follows:

2 . The height of all buildings shall be limited to a maximum height of 30-feet from the grade fronting the existincl public streets and 33 feet as measured from the interior driveway of each new lot. These approvals are subject to the attached Conditions of Approval, and are based upon the attached Findings: CONDITIONS OF APPROVAL SPECIFIC PLAN CONDITIONS I. Previous Approval. The previous Director's Determination for Project Permit Compliance, DIR SPP, is hereby rescinded. 2. Site Plan. The subject property shall be developed in substantial conformance with the submitted Cover Sheet, Site Plan, Parking Plan, Floor Plans, and Elevations, dated January 22, 2014, attached to the case file and labeled "Exhibit A". 3. Heinht. The height of the project shall be limited to a maximum height of 30-feet from the grade fronting the existing public streets and 33 feet as measured from driveway of each new lot. 4. Landscape Plan. A landscape plan prepared by a person licensed to prepare landscape plans under state law shall be submitted for review and approval to the Director of Planning, or his or her designee. Landscaped areas shall be planted with a variety of plant materials which include shrubs, trees and ground cover, and all plants and trees shall be drought-resistant. Artificial plants are prohibited. All landscaped areas shall be equipped with an automatic sprinkler or drip irrigation system designed to conserve water. The area from the lot line to the building shall be landscaped with live plant materials andlor ground cover, except for required exit-ways, walkways and driveways. Front, rear and side yards shall be landscaped using similar materials so that the total development creates a consistent landscape theme. A minimum of 50 percent of the total required front and rear yards shall be planted. ADMINISTRATIVE CONDITIONS 5. Approval. Verification and Submittals. a. 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.

3 b. Prior to final approval by the Department of Building and Safety, the applicant shall submit a minimum of three sets of revised plans, including any modifications and all corrections noted on the plans originally submitted to the Department of City Planning for approval and subsequently, for Department of Building and Safety use. 6. Code Compliance. Use, area, height, and yard regulations of the zone classification of the subject property shall be complied with Los Angeles Municipal Code, except where herein granted conditions override. 7. Definitions. Any agency, public official, or City department referenced in these conditions shall mean that agency, public official, or City department, or its successor(s) or designee(s). "Exhibits" shall mean plan sheets and architecture details including, but not limited to, samples of exterior materials and colors, photographs, and renderings. 8. Enforcement. a. Prior to the issuance of any permits for the subject Project by the Department of Building and Safety, the applicant shall submit final construction plans or other required documents to the appropriate City department for verification of compliance with the conditions imposed herein. b. Any proposed changes in project Exhibits or the conditions of this Determination shall be made by the Director of Planning. Each change shall be identified and justified in writing. c. Minor deviations may be allowed in order to comply with all provisions of the LAMC, the subject conditions, and the intent of the subject permit authorizations. 9. Building Plans. The entire determination letter shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety. 10. 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 by 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. 11. 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.

4 FINDINGS BACKGROUND The subject site is zoned RDI.5-1, with a General Plan Land Use Designation of Low Medium II Residential in the North Hollywood - Valley Village Community Plan Area. The site is also located within the Valley Village Specific Plan, which contains regulations for new developments, and sets standards for these types of projects in terms of use, height, and landscaping. The submitted project plans have been evaluated for compliance with the Specific Plan and have been found to be in conformance with all applicable regulations. The proposed project is the construction of a new two-story, 17-unit small lot subdivision, as approved by VTT 65985, with a reciprocal easement driveway extending westerly of Ben Avenue. The driveway will be one way in from Ben Avenue and one way out onto Gentry Avenue. Ten lots will be located on the northerly portion and seven lots on the southerly portion of the existing parcel. Project Permit Compliance was approved by the Los Angeles City Council, upon asserting jurisdiction over the South Valley Area Planning Commission, on February 12, 2008 (CF , DIR SPP-A1) for an 18 unit, multiple residential condominium project. The project has subsequently changed from multiple residential to a 17-lot small lot subdivision, with one two story house over a 2 car garage on each lot. In as much as these are now single family homes, the requirements of the Valley Village Specific Plan are substantially different. Therefore, it is necessary for the applicant to apply for a new Project Permit. A permanent [Q] condition, per Ordinance 165,108, limits the height of any building on this site to 30 feet. Further, Section 6.6 of the Valley Village Specific Plan limits one family homes to 30 feet in height. A clarification of height measurement is necessary as the building height of the natural grade of the 17 houses is less than 30 feet from the three surrounding streets and the existing single family homes to the north, but the access driveway ramps down three to four feet, creating a measured interior height of 33 feet. VALLEY VILLAGE PROJECT PERMIT COMPLIANCE 1. The project substantially complies with the applicable regulations, standards and provisions of the specific plan. The proposed Project complies with all applicable development requirements (regulations, standards, and provisions) of the Valley Village Specific Plan, as follows: a. Zoning and Land Use. The Project site is zoned RDI.5-1 and has a General Plan land use designation of Low Medium II Residential. As conditioned, the

5 project is a permitted residential use within the North Hollywood - Valley Village Corr~munity Plan. b. Building Height. The Project has a maximum height 'of 30-feet from the grade fronting the existing public streets and 33 feet as measured from driveway of each new lot. c. Landscape Standards. The Project has been conditioned to provide a landscape plan which incorporates a variety of plant materials, with a consistent landscape theme, and landscaping for over 50% of the front and rear yard setbacks. As conditioned, the Project meets the landscape requirements of the Specific Plan. "Q" CLARIFICATION Pursuant to Los Angeles Municipal Code Section H, adopted City Planning Commission Guidelines and state law, this determination is based on the following findings: I. The request is consistent with the City Planning Commission Guidelines for the clarification of "Q" Qualified conditions. Guideline "a" of the City Planning Commission's guidelines for "Q" Clarification applications allows for changes in height up to five (5) feet. The conditions specified herein require clarification in that the building height is less than 30 feet as measured from the natural grade surrounding the site. It is only from the interior driveway, that ramps down 3 to 4 feet, that produces a measured building height of 33 feet per Section of the LAMC. 2. The clarification is necessary in order to carry out the intent of the City Council in adopting the "Q" classification. On September 24, 1989, the City Council adopted the [Q] RD1.5-1 zone over the subject property per Ordinance No. 165,108, which included a condition that limited the height of new development of the property to 30 feet. On April 4, 1993, the City Council also adopted the Valley Village Specific Plan, Ordinance No. 168,613. Section 6.B of the Specific Plan limits the height of one family homes to 30 feet. l The intent and purpose of the height restriction, as clearly described in Sec. 2 of the Valley Village Specific Plan, is "to assure orderly, attractive, and harmonious... developments that are adjacent to single-family residential," and "to provide coordinated and comprehensive standards in height, design, [and] massing.... harmonious with adjacent single-family neighborhoods." The measured height of 33 feet is only taken from the interior driveway to the roof of each house, and is out of view from the neighborhood. The height as measured from the surrounding area is 30 feet, thus complying with the intent of the City Council in imposing the height limitation.

3. The clarification will have only a minimal effect on adjacent property and does not result in significant or substantial deprivation of property rights of other property owners.

6 3. The clarification will have only a minimal effect on adjacent property and does not result in significant or substantial deprivation of property rights of other property owners. The clarification of " Q the condition will have virtually no effect on adjacent property as the measured height from the adjacent property remains 30 feet as required by the current zoning and the Valley village Specific Plan. This clarification will have only a minimal effect on adjacent property owners and will not result in significant or substantial deprivation of property rights of other property owners. CEQA FINDING The Environmental Review Section of the Planning Department issued the proposed project Mitigated Negative Declaration ENV MND on July 5, 2006 and reconsidered the same on June 7,2012. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached modified Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. The records upon which this decision is based are with the South Valley Environmental Review Section of the Planning Department in Room 430, 6262 Van Nuys Blvd., Van Nuys. AUTHORIZATION This authorization runs with the land. In the event the property is to be sold, leased, rented or occupied by person or corporation other than the owner of record on this determination, it is incumbent that said owner of record advise them regarding the conditions of this grant. VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR Section of the Los Angeles Municipal Code provides that if any portion of a privilege authorized by this entitlement is utilized, the conditions of such approval or authorization become effective immediately and must be strictly complied with. The violation of any valid condition imposed by this determination shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code. Every violation of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $1,000 or by irr~prisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. EFFECTIVE DATE AND APPEAL PERIOD The Director of Planning's determination on this matter will become effective and final 20 days after the date of mailing of this determination, unless an appeal is filed with the City Council within that period. Appeals should be filed early during the appeal period and in person so that DIR CLQ-SPP 6

7 imperfections/incompleteness may be corrected before the appeal period expires. Such an appeal must be in writing, on the prescribed forms, accompanied by the required fee and received and receipted at a Public Office of the Department of City Planning on or before the effective date, or the appeal will not be accepted. Forms are available on-line at Department of City Planning public offices are located at: Figueroa Plaza, Public Counter Marvin Braude Constituent Service Center 201 North Figueroa Street, # Van Nuys Boulevard, Ste 251 Los Angeles, CA Van Nuys, CA (213) (818) TRANSFERABILITY AND TERMINATION All terms and conditions of this Determination shall be fulfilled before the use may be established. The approval granted herein shall be for a period of three years from the effective date. If building permits are not issued and construction work is not begun within such time and carried on diligently so that building permits do not lapse, this approval shall become null and void. The applicant is advised that this approval is not a perrr~it or license and that permits and licenses required by law must be obtained from the proper public agency. If any condition of this approval is violated or not complied with, then the applicant or the applicant's successor in interest may be prosecuted the same as for any violations of the requirements contained in the Municipal Code, or the approval may be revoked. Section M of the Los Angeles Municipal Code states, in part: "It shall be unlawful to violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor unless that violation or failure is declared in that section to be an infraction. An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provisions of this section. Any violation of this Code that is designated as a misdemeanor may be charged by the City Attorney as either a misdemeanor or an infraction." Every violation of this Determination is punishable as a misdemeanor, either by fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. This Determination runs with the land. In the event the property is sold. Leased, rented, or occupied by any person or corporation other than the applicant, it is incumbent on the applicant to advise such person or corporation regarding the conditions of approval. If any portion of this approval is utilized, then all other conditions and requirements set forth herein become immediately operative and must be strictly observed. The applicant is further advised that all subsequent contact regarding this Determination must be with the Department of City Planning staff person who acted on the case. This includes clarifications and verification of conditions. It shall be arranged by appointment only, in order to assure that you receive efficient service. The applicant is further advised that all subsequent

8 contact regarding building permit applications for this case must be by appointment only with the Valley Planning Public Counter staff at (81 8) MICHAEL J. LOGRANDE Director of Planning PREPARED BY: Senior City Planner

CITY OF Los ANGELES CALIFORNIA

CITY OF Los ANGELES CALIFORNIA DEPARTMENT OF CITY PLANNING CITY PLANNING COMMISSION DAVID H. J. AMBROZ PRESIDENT RENEE DAKE WILSON VICE-PRESIDENT ROBERT L. AHN CAROLIN E CHOE RICHARD KATZ JOHN W. MACK SAMANTHA MILLMAN VERONICA PADILLA-CAMPOS