VESTING TENTATIVE TRACT NO (stamped map dated October 15, 2007) PLANNING DEPARTMENT STAFF REPORT

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1 VESTING TENTATIVE TRACT NO (stamped map dated October 15, 2007) HEARING DATE: December 17, 2008 PLANNING DEPARTMENT STAFF REPORT PURSUANT TO ORDINANCE 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 to permit the subdivision into one ground lot and 21 air space lots for the construction of a new 34-story mixed use tower consisting of 165 condominium units and 192 hotel units (consisting of 80 hotel units and 112 commercial condominium hotel units) and 7,500 square feet of retail space, 13,000 square feet of restaurant and café/bakery space, 8,100 square feet of banquet space, and an 8-story parking structure with 640 spaces on a 74,519 net square foot irregular shaped site with six parcels in the C2 and C4 zones. Demolition of an existing abandoned one-story food stand, surface parking, and removal of storage trailers is required. Also, a request for a haul route approval. The site is located at 2968 W. 6 th Street. The applicant is requesting to record multiple phase units of the final map. RELEVANT CASES ON-SITE: ZA (CUB)(CUX)(SPR) - This is a concurrent request for a Conditional Use permit for four separate alcoholic beverage licenses for: off-site sale and consumption of beer and wine in a retail store-gift shop, sale and on-site consumption of a full line of alcoholic beverages in the restaurant, sale and on-site consumption of a full line of alcoholic beverages in the banquet room, and sale and on-site consumption of beer and wine in the café; a Conditional Use Permit to allow dancing and live entertainment in the proposed banquet room; and a Conditional Use Permit to allow a hotel in the C2 and C4 zones located within 500 feet from a R zone. The applicant is also requesting Site Plan Review. OFF-SITE: There are no previous or existing cases relevant to this subdivision. PUBLIC RESPONSES In August of 2007, one letter and one phone call were received by staff indicating that the hearing notice was not received by residents within a 500 foot radius of the project site, and that neighbors were not notified of the public hearing (As a result the public hearing was rescheduled from August 22, 2007 to September 26, 2007). The Director of the Gabriella Charter school expressed that this project will have negative impacts on her school which may cause it to close; and is especially concerned with the noise, construction and the loss of parking impacts.

2 VESTING TENTATIVE TRACT NO PAGE 2 GENERAL COMMENTS The project is located at 2968 West 6 th Street in the Wilshire Community Plan area with the Regional Center Commerical land use designation with the corresponding C2-2 and C4-2 zones. The project site is located within the Community Redevelopment Agency s Wilshire/Koreatown Redevelopment Proejct Area, the Wilshire Center Business Improvement District, the Central City Revitalization Zone, and the Los Angeles State Enterprise Zone. The project site includes six parcels totaling 74,519 net square feet irregular shaped, relatively flat lot with a parking lot, an abandoned commercial structure and tennis courts. The project site is within a methane zone and a hillside grading area. The project engineer has indicated that the project site is not in a flood hazard, hillside, floodway, or mudprone area; and that no protected trees exist on the site. Thirty-three trees will be removed and mitigation for replacement on a 1:1 ratio is recommended. Adjacent uses are parking and a spa to the north across 6 th Street in the C2-1 zone; the Superior Courts across Commonwealth Avenue to the east in the C4-2 zone; a youth center and office building to the south in the C4-2 zone, and an office building and health care center across Virgil Avenue to the west in the C1-2 zone. Surrounding or nearby the sites are mostly occupied by commercial uses, multi-family residences and open space designated as Regional Center Commercial land use. The southerly boundary of the project site abuts an historic-cultural landmark/monument. The Sheraton Town House Hotel located at Wilshire Boulevard, Commonwealth Avenue, West 6th Street, and South Virgil Avenue is identified as Historic Cultural Monument No. LA-576 on April 7, The National Register of Historic Places listed the Sheraton Townhouse located at Wilshire Boulevard and South Commonwealth Avenue on December 15, The Narrative Description of the National Registration Form of Historic Places, included in the HCM No. LA-576, states that Neither the tennis court nor parking lot is within the property s historic lot lines, and this party of the subject site is not considered a character defining feature by the Preservation Division staff. They suggest that this portion is included because ZIMAS identifies this designation with this address. As mentioned above, the General Land Use Designation for the subject site is Regional Center Commercial. Pursuant to LAMC Section A.18 ( Developments Combining Residential and Commercial Uses ), which indicates that any use permitted in the R5 Zone on any lot in the C2 or C4 of C5 Zones provided that such lot is located within an area designated on an adopted community plan as Regional Commercial or within any redevelopment project area within the Central City Community Plan area can include any combination of R5 uses and the uses permitted in the underlying commercial zone and includes other provisions concerning yards, and therefore the proposed density project complies with this Section. The project provides a total of 640 parking spaces as follows: 425 total spaces for residential uses and 215 total parking spaces for commercial uses including 30 hotel units (89 parking spaces provided), 8,100 square feet of hotel banquet space (17 parking spaces provided), 7,500 square feet of retail use (15 parking spaces provided), and 13,000 square feet of restaurant use (26 parking

3 VESTING TENTATIVE TRACT NO PAGE 3 spaces provided) consistent with the LAMC and the Advisory Agency Residential Parking Policy. The case was originally scheduled for the Advisory Agency public hearing of August 22, After a call and letter were received by staff indication that the neighbors were not notified, the public hearing was rescheduled to September 26, The applicant requested more time to meet and work with the neighbors and therefore, postponed the hearing date to December 17, REPORTS RECEIVED BUREAU OF ENGINEERING: Reports that the Tract Map layout is satisfactory as submitted except that it appears that portions of the proposed airspace lots are encroaching into existing and proposed right-of-way as indicated in a memo dated August 13, See recommended conditions in Draft Tentative Tract Report with Conditions under department. DEPARTMENT OF BUILDING AND SAFETY, GRADING DIVISION: No comments were available at the writing of the staff report. 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 August 21, 2007 have been satisfied. See recommended conditions in Draft Tentative Tract Report with Conditions under department. DEPARTMENT OF TRANSPORTATION: Recommends that the project be subject to conditions stated in the memo dated August 13, See recommended conditions in Draft Tentative Tract Report with Conditions under department. FIRE DEPARTMENT: Recommends that the project be subject to conditions stated in the memo dated June 12, See recommended conditions in Draft Tentative Tract Report with Conditions under department. LOS ANGELES UNIFIED SCHOOL DISTRICT: The tract is located near Grant Elementary School, Le Conte Middle School and Hollywood High School. Mitigation measures were submitted to protect school and walk routes during project demolition and construction. DEPARTMENT OF WATER AND POWER: Reports that this tract can be supplied with water from the municipal system subject to LADWP=s Water Services Organization=s rules and requirements. BUREAU OF STREET LIGHTING: Recommends that the project be subject to conditions stated in the memo dated August 16, See recommended conditions in Draft Tentative Tract Report with Conditions under department.

4 VESTING TENTATIVE TRACT NO PAGE 4 ENVIRONMENTAL CLEARANCE The Department of City Planning issued Mitigated Negative Declaration ENV MND on August 15, See Draft Tentative Tract Report with Conditions. 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: CHRISTINA TOY LEE 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.

5 VESTING TENTATIVE TRACT NO PAGE 5 DRAFT TENTATIVE TRACT REPORT WITH CONDITIONS In accordance with provisions of Section of the Los Angeles Municipal Code, the Advisory Agency approved Vesting Tentative Tract No composed of one ground lot and 21 air space lots, located at 2968 W. 6 th Street for the construction of a new 34- story mixed use tower consisting of 165 condominium units and 192 hotel units (consisting of 80 hotel units and 112 commercial condominium hotel units) and 7,500 square feet of retail space, 13,000 square feet of restaurant and café/bakery space, 8,100 square feet of banquet space, and an 8-story parking structure with 640 spaces as shown on map stamp-dated October 15, 2007 in the Wilshire Community Plan. This unit density is based on the C2-2 and C4-2 Zone and the approval of the related Case No. ZA (CUB)(CUX)(SPR). (The subdivider is hereby advised that the Municipal Code may not permit this maximum approved density. Therefore, 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 Advisory Agency or a City Planner 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 a 5-foot wide strip of land be dedicated along Virgil Avenue to complete a 45-foot wide half right-of-way including a 20-foot radius property line return at the intersection with 6 th Street in accordance with Secondary Highway satisfactory to the City Engineer. 2. That a 5-foot wide strip of land be dedicated along 6 th Street adjoining the including a 20-foot radius property line return at the intersection with Commonwealth Avenue to complete a 45-foot half right-of-way in accordance with the Wilshire Community Plan Secondary Highway Standards all satisfactory to the City Engineer. 3. That no portions of any space lot shall encourage into existing or proposed-rightof-way either above or below the grade and also not to be shown on the final map all satisfactory to the City Engineer. 4. That the subdivider make a request to the Central District Office of the Bureau of Engineering to determine the capacity of existing sewers in the area. 5. That a set of drawings for airspace lots be submitted to the City Engineer showing the following: a. Plan view at different elevations. b. Isometric views.

6 VESTING TENTATIVE TRACT NO PAGE 6 c. Elevations views. d. Section cuts at all locations where air space lot boundaries change. 6. That the owners of the property record an agreement satisfactory to the City Engineer stating that they will grant the necessary private easements for ingress and egress purposes to serve proposed airspace lots to use upon the sale of the respective lots and they will maintain the private easements free and clear of obstructions and in a safe condition for use at all times. 7. That Board of Public Works approval be obtained, prior to the recordation of the final map, the removal of any tree in the existing or proposed right-of-way area associated with improvement requirements outlined herein. The Bureau of Street Services, Urban Forestry Division, is the lead agency for obtaining Board of Public Works approval for removal of such trees. DEPARTMENT OF BUILDING AND SAFETY, GRADING DIVISION 8. Comply with any requirements with the Department of Building and Safety, Grading Division for recordation of the final map and issuance of any permit. DEPARTMENT OF BUILDING AND SAFETY, ZONING DIVISION 9. 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. Obtain permits for the demolition or removal of the existing structure at the north-east corner of the site. Provide copy of finaled permit(s) to show completion of the work. b. Provide a copy of affidavit AFF-43023, PKG-4448 and PKG Show compliance with all the conditions/requirements of the above affidavits as applicable. Termination of above affidavits may be required after map has been recorded. Obtain approval from the Department, on the termination form, prior to recording. c. Area requirements shall be re-checked as per net lot area after all street dedication required by Bureau of Engineering. d. Show zone boundaries on the map. No required yard or other open space around a building shall be located in a more restrictive zone than that of the property on which such building is located. Revise the map to show compliance with the above requirement or obtain approval from the Department of City Planning.

7 VESTING TENTATIVE TRACT NO PAGE 7 e. The submitted map does not comply with maximum density (400 s.f. of lot area/dwelling unit and 200 s.f. lot area per guest room) requirement of the C2 or C4 Zone. Revise the map to show compliance with the above requirement or obtain approval from the Department of City Planning. f. 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. Portion of proposed Lot 17 as shown on Section A-A and proposed Lot 3 as shown on Section B-B is outside of the property line and shall be to the satisfaction of Department of Public Works. The submitted map may not comply with the number of parking spaces required by Section A 4 (a) based on number of habitable rooms in each unit. If there are insufficient number of parking spaces, obtain approval from the Department of City Planning. The existing or proposed building plans have not been checked for and shall comply with Building and Zoning Code requirements at the time of plan check. 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. Any proposed structures or uses on the site have not been checked for and shall comply with Building and Zoning Code requirements at the time of plan check. Plan check will be required before any construction, occupancy or change of use. An appointment is required for the issuance of a clearance letter from the Department of Building and Safety. The applicant is asked to contact John Pourhassan at (213) to schedule an appointment. DEPARTMENT OF TRANSPORTATION 10. Prior to recordation of the final map, satisfactory arrangements shall be made with the Department of Transportation to assure: a. A minimum of 60-foot and 40-foot reservoir space(s) be provided between any ingress security gate(s) and the property line when driveway is serving more than 300 and 100 parking spaces respectively.

8 VESTING TENTATIVE TRACT NO PAGE 8 b. Parking stalls shall be designed so that a vehicle is not required to back into or out of any public street or sidewalk. c. Driveways and vehicular access to projects shall be provided from Virgil Avenue and Commonwealth Avenue. Left-turns into the Virgil Avenue driveway shall be prohibited. e. All delivery truck loading and unloading shall take place on-site with no trucks back into or out of the project site from any adjacent street. f. A parking area and driveway plan be submitted to the Citywide Planning Coordination Section of the Department of Transportation for approval prior to submittal of building permit plans for plan check by the Department of Building and Safety. Transportation approvals are conducted at 201 N. Figueroa Street Suite 400, Station 3. (MM) FIRE DEPARTMENT 11. 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: (MM) a. Submit plot plans for Fire Department approval and review prior to recordation of Tract Map Action. b. The Fire Department may require additional vehicular access where buildings exceed 28 feet in height. c. No framing shall be allowed unit the roadway is installed to the satisfaction of the Fire Department. d. Any required fire hydrants to be installed shall be fully operational and accepted by the Fire Department prior to any building construction. e. The entrance or exit of all ground dwelling units shall not be more than 150 feet from the edge of a roadway of an improved street, access road, or designated fire lane. f. Hydrants and sprinklers may be required after review of plot plans.

9 VESTING TENTATIVE TRACT NO PAGE 9 LOS ANGELES UNIFIED SCHOOL DISTRICT (LAUSD) 12. 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 June 26, 2007 attached to the Tract file. The project site is located about 600 feet west of Metropolitan Skills Center and 900 feet east of Central LA Area New MS #3 (scheduled to open in late 2009). Therefore, the applicant shall make timely contact for coordination to safeguard pedestrians/ motorists with the LAUSD Transportation Branch, phone no , and the principals or designees of the Metropolitan Skills Center. (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 13. Prior to the issuance of a grading or building permit, satisfactory arrangements shall be made with the Department of Water and Power for the following: a. Prior to receiving water service, the developer must arrange for the department to install fire hydrants. b. Los Angeles City Fire Department requirements: 2 ½ x 4 D.F.H. fire hydrant on the S/E corner of 6 th Street and Virgil Avenue. c. Easement and water main rights requirements: New easements are required It is required that the following easement be dedicated for water line purposes to the City of Los Angeles for the use of the department of Water and Power and shown as such on the subdivision map. See attached Declaration of Establishment of Water Supply Easements and Note Statement and attached to the case file for Vesting Tentative Tract No BUREAU OF STREET LIGHTING 14. Satisfactory arrangements shall be made with the Bureau of Street Lighting to assure the property be formed or annexed into a Street Lighting Maintenance Assessment District.

10 VESTING TENTATIVE TRACT NO PAGE 10 INFORMATION TECHNOLOGY AGENCY 15. 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 Los Angeles Municipal Code Section 17.05N. Written evidence of such arrangements must be submitted to the Information Technology Agency, 120 S. San Pedro Street, Room 600, Los Angeles, CA 90012, (213) DEPARTMENT OF RECREATION AND PARKS 16. That the Quimby fee be based on the R4 Zone. (MM) STREET TREE DIVISION AND THE DEPARTMENT OF CITY PLANNING 17. Prior to the issuance of a grading permit, a plot plan prepared by a reputable tree expert, indicating the location, size, type, and condition of all existing trees on the site shall be submitted for approval by the Department of City Planning. All trees in the public right-of-way shall be provided per the current Urban Forestry Division standards. (MM) Replacement by a minimum of 24-inch box trees in the parkway and on the site of the 33 trees to be removed, shall be required for the unavoidable loss of desirable trees on the site, and to the satisfaction of the Advisory Agency. (MM) Note: Removal of all trees in the public right-of-way shall require approval of the Board of Public Works. Contact: Urban Forestry Division at: (213) Failure to comply with this condition as written shall require the filing of a modification to this tract map in order to clear the condition. DEPARTMENT OF CITY PLANNING-SITE SPECIFIC CONDITIONS 18. 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 165 residential condominium units, 112 commercial condominium hotel units, 80 hotel rooms, 8,100 square foot banquet space,13,000 square feet for restaurant use and 7,500 square feet for retails use.

11 VESTING TENTATIVE TRACT NO PAGE 11 b. Provide a minimum of 640 on-site parking spaces as follows: 425 total spaces for residential uses and 215 total parking spaces for commercial uses including 30 hotel units (89 parking spaces provided), 8,100 square feet of hotel banquet space (17 parking spaces provided), 7,500 square feet of retail use (15 parking spaces provided), and 13,000 square feet of restaurant use (26 parking spaces provided). Any 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 off-street parking spaces, as required by the Advisory Agency, be submitted for review and approval by the Department of City Planning (200 No. Spring Street, Room 750). c. The applicant shall install an air filtration system(s) to reduce the effects of diminished air quality on occupants of the project. (MM) d. That a solar access report shall be submitted to the satisfaction of the Advisory Agency prior to obtaining a grading permit. e. That the subdivider consider the use of natural gas and/or solar energy and consult with the Department of Water and Power and Southern California Gas Company regarding feasible energy conservation measures. f. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. (MM) 19. 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. 20. That prior to the issuance of the building permit or the recordation of the final map, a copy of the Case No. ZA (CUB)(CUX)(SPR) shall be submitted to the satisfaction of the Advisory Agency. In the event that ZA (CUB)(CUX)(SPR) is not approved, the subdivider shall submit a tract modification. 21. That the subdivider shall make suitable arrangements for clearance with the Community Redevelopment Agency for the Wilshire Center/Koreatown Redevelopment Plan.

12 VESTING TENTATIVE TRACT NO PAGE Prior to the issuance of a grading permit, the subdivider shall record and execute a Covenant and Agreement (Planning Department General Form CP-6770), binding the subdivider of exporting of approximately 47,400 cubic yards of soil, a total of 71 trips per day for a duration of 48 days, in addition to the following haul route conditions: (MM) a. Streets to be used for loaded trucks are limited to: 6 th Street west to Vermont Avenue,, south to the I-110 Freeway, east to 60 Freeway, east to Crossroads Parkway, South off ramp, west to Puente Hills Landfill. Streets to be used for empty trucks are limited to: Crossroads Parkway west to Workman Mill Rd., north to Pellissier Pl., east to 605 Freeway east to 60 Freeway, west to I-10 Freeway, west to Vermont Avenue off ramp, north to 6 th Street, east to Project Site. b. Hours of operation shall be from 7:00 am to 6:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday. c. Days of the week shall be Monday thru Saturday. d. Trucks shall be restricted to 18-wheel dump trucks or smaller. e. The Traffic Bureau of the Los Angeles Police Department shall be notified prior to the start of hauling ( ). f. Streets shall be cleaned of spilled materials at the termination of each work day. g. The final approved haul routes and all the conditions of approval shall be available on the job site at all times. h. The owner or contractor shall keep the construction area sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind. i. Hauling and grading equipment shall be kept in good operating condition and muffled as required by law. j. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust. k. All trucks are to be watered at the job site to prevent excessive blowing dirt. l. All trucks are to be cleaned of loose earth at the job site to prevent spilling. Any material spilled on the public street shall be removed by the contractor.

13 VESTING TENTATIVE TRACT NO PAGE 13 m. The applicant shall be in conformance with the State of California, Department of Transportation, policy regarding movements of reducible loads. n. All regulations set forth in the State of California Department of Motor Vehicles pertaining to the hauling of earth shall be complied with. o. Truck Crossing warning signs shall be placed 300 feet in advance of the exit in each direction. p. One flag person(s) shall be required at the job and dump sites to assist the trucks in and out of the project area. Flag person(s) and warning signs shall be in compliance with Part II of the 1985 Edition of Work Area Traffic Control Handbook. q. The City of Los Angeles, Department of Transportation, telephone , shall be notified 72 hours prior to beginning operations in order to have temporary No Parking signs posted along the route. r. Any desire to change the prescribed routes must be approved by the concerned governmental agencies by contacting the Street Use Inspection Division at before the change takes place. s. The permittee shall notify the Street Use Inspection Division, , at least 72 hours prior to the beginning of hauling operations and shall also notify the Division immediately upon completion of hauling operations. t. A surety bond shall be posted in an amount satisfactory to the City Engineer for maintenance of haul route streets. The forms for the bond will be issued by the Central District Engineering Office, 201 N. Figueroa Street, Room 770, Los Angeles, CA Further information regarding the bond may be obtained by calling 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.

14 VESTING TENTATIVE TRACT NO PAGE 14 DEPARTMENT OF CITY PLANNING-ENVIRONMENTAL MITIGATION MEASURES 24. That prior to recordation of the final map the subdivider shall prepare and execute a Covenant and Agreement (Planning Department General Form CP and Exhibit CP M) in a manner satisfactory to the Planning Department requiring the subdivider to identify (a) mitigation monitor(s) who shall provide periodic status reports on the implementation of mitigation items required by Mitigation Condition Nos. 10f, 11, 16, 17, 18c, 18f, 22, 25, and 26 of the Tract s approval satisfactory to the Advisory Agency. The mitigation monitor(s) shall be identified as to their areas of responsibility, and phase of intervention (pre-construction, construction, postconstruction/maintenance) to ensure continued implementation of the above mentioned mitigation items. 25. Prior to the recordation of the final map, the subdivider will 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: MM-1 MM-2 MM-3 MM-4 MM-5 MM-6 Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from nearby residential properties. The exterior of the proposed building shall be constructed of materials such as high-performance tinted non-reflective glass, metal panel, and pre-cast concrete or cast in-place or fabricated wall surfaces. The Project Applicant shall replace all mature trees over 12 DBH at the Project site which are removed at a 1:1 ratio. The specific measures to be followed to implement this measure are as follows: Prior to the issuance of a grading permit or building permit, a plot plan prepared by a reputable tree expert, as defined by the City of Los Angeles Ordinance Nos. 170,978 and 177,404, indicating the location, size, type, and condition of all existing trees on the site shall be submitted for approval by the Department of City Planning and the Urban Forestry Division of the Bureau of Street Services. All trees in the public right-of-way shall be provided per the current Urban Forestry Division standards. The plan shall contain measures recommended by the tree expert for the preservation of as many trees as possible. Mitigation measures such as replacement by a minimum of 24-inch box trees in the parkway and on the site, on a 1:1 basis, shall be required for the loss of trees 12 DBH or greater on the site. All trees in the public right-of-way shall be provided per the current Street Tree Division standards. The genus or genera of the tree(s) shall provide a minimum crown of 30'-50'. Please refer to City of Los Angeles Landscape Ordinance (Ord. No. 170,978), Guidelines K - Vehicular Use Areas.

15 VESTING TENTATIVE TRACT NO PAGE 15 MM-7 MM-8 MM-9 Removal of all trees in the public right-of-way shall require the approval of the Board of Public Works. The Project Applicant shall post a cash bond or other assurances acceptable to the Bureau of Engineering in consultation with the Urban Forestry Division and the decision maker guaranteeing the survival of trees required to be maintained, replaced or relocated in such a fashion as to assure the existence of continuously living trees for a minimum of three years from the date that the bond is posted or from the date such trees are replaced or relocated, whichever is longer. Any change in ownership shall require that the new owner post a new tree bond to the satisfaction of the Bureau of Engineering. Subsequently, the original owner s tree bond may be exonerated. If unknown archaeological materials are discovered during any grading or construction activity, work in the affected area shall stop and the contractor shall immediately notify the Applicant and the City of Los Angeles. An archaeologist shall be consulted to determine the significance of the discovered artifact(s) and, if necessary, formulate a mitigation plan. Work can resume in the affected area, only with the approval of the archaeologist. MM-10 If paleontological materials are discovered during any grading or construction activity, work in the affected area shall stop and the contractor shall immediately notify the Applicant and the City of Los Angeles. A paleontologist shall be consulted to determine the significance of the discovered fossil materials and, if necessary, formulate a mitigation plan. Work can resume in the affected area, only with the approval of the paleontologist. MM-11 Project construction shall occur in accordance with the Level II requirements as set forth in the Los Angeles Municipal Code (LAMC) and as identified in the Preliminary Report of Methane Investigation (see Appendix D). MM-12 The Project shall control stormwater runoff using best management practices including cleaning and filtering stormwater. MM-13 The Project shall comply with the City of Los Angeles Noise Ordinance No. 144,331 and 161,574, and any subsequent ordinances, which regulate construction noise sources. MM-14 Construction and demolition shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday. MM-15 Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels.

16 VESTING TENTATIVE TRACT NO PAGE 16 MM-16 The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills, jackhammers, and pile drivers. MM-17 Noise and groundborne vibration construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise- and vibration-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. MM-18 Barriers such as plywood structures or flexible sound control curtains extending eight feet in height shall be erected between the proposed Project and the existing Gabriella Charter School building to minimize the amount of noise during construction. MM-19 The Project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. MM-20 Flexible sound control curtains shall be placed around drilling apparatuses and drill rigs used within the Project Site to the extent feasible. MM-21 All construction truck traffic shall be restricted to truck routes approved by the City of Los Angeles Department of Building and Safety, which shall avoid residential areas and other sensitive receptors to the extent feasible. MM-22 The Project shall comply with the City of Los Angeles Building Regulations Ordinance No , which requires a construction site notice to be provided that includes the following information: job site address, permit number, name and phone number of the contractor and owner or owner s agent, hours of construction allowed by code or any discretionary approval for the site, and City telephone numbers where violations can be reported. The notice shall be posted and maintained at the construction site prior to the start of construction and displayed in a location that is readily visible to the public. MM-23 The new residential and hotel uses associated with the proposed Project shall comply with the Noise Insulation Standards of Title 24 of the California Code of Regulations, which insure an acceptable interior noise environment.

17 VESTING TENTATIVE TRACT NO PAGE 17 MM-24 All residential and hotel exterior windows within the Project shall be constructed with double-pane glass. All exterior wall construction shall provide a Sound Transmission Class of 50 of greater as defined in UBC No. 35-1, 1979 edition or any amendment thereto. As an alternative, the Project Applicant may submit evidence to the City s Department of Building and Safety of an alternative means of sound insulation sufficient to mitigate interior noise levels below a CNEL of 45 dba in any habitable room. MM-25 During recognized school hours (e.g., 8:00 a.m. to 3:00 p.m., Monday- Friday), the operation of large bulldozers, loaded trucks, and jackhammers shall be prohibited within 40 feet of the Gabriella Charter School building. Instead, small rubber-tired bulldozers shall be used during this time period within these areas during grading and site preparation operations. MM-26 The side of the proposed parking structure facing the existing Gabriella Charter School shall be fully enclosed. The side of the proposed parking structure facing the existing Gabriella Charter School shall be fully enclosed. As an alternative, the Project Applicant may submit evidence to the City s Department of Building and Safety of an alternative design that does not fully enclose the portion of the parking structure facing Gabriella Charter School and that achieves noise attenuation such that noise levels from the parking structure would not exceed 66 dba at the Project site s property line adjoining the Gabriella Charter School. MM-27 The parking ramps shall be constructed out of concrete to reduce noise. MM-28 The plans shall incorporate the 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 semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the Project site if needed. The plan shall be developed in consultation with the Police Department and 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, (213) MM-29 The Project Developer shall pay all applicable school fees to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area. MM-30 Pursuant to Section A of the Los Angeles Municipal Code, the Project Developer shall pay all applicable Quimby fees for the construction of residential condominium units.

18 VESTING TENTATIVE TRACT NO PAGE 18 MM-31 The Project Applicant shall submit a parking and driveway plan that provides code-required emergency access to the Bureau of Engineering and the Department of Transportation for approval. MM-32 Metro bus service on 6 th Street and Virgil Avenue could be impacted by the project. Metro Bus Operations Control Special Events Coordinator should be contacted at (213) regarding construction activities that may impact Metro bus lines. MM-33 The Project shall provide an on-site recycling program consistent with the requirements of Los Angeles City Ordinance No to reduce the amount of trash going to landfills. 26. Construction Mitigation Conditions - Prior to the issuance of a grading or building permit, or 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: CM-1. That a sign be required on site clearly stating a contact/complaint telephone number that provides contact to a live voice, not a recording or voice mail, during all hours of construction, the construction site address, and the tract map number. YOU ARE REQUIRED TO POST THE SIGN 7 DAYS BEFORE CONSTRUCTION IS TO BEGIN. a. Locate the sign in a conspicuous place on the subject site or structure (if developed) so that it can be easily read by the public. The sign must be sturdily attached to a wooden post if it will be free-standing. b. Regardless of who posts the site, it is always the responsibility of the applicant to assure that the notice is firmly attached, legible, and remains in that condition throughout the entire construction period. c. If the case involves more than one street frontage, post a sign on each street frontage involved. If a site exceeds five (5) acres in size, a separate notice of posting will be required for each five (5) acres, or portion thereof. Each sign must be posted in a prominent location. CM-2 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. Wetting could reduce fugitive dust by as much as 50 percent.

19 VESTING TENTATIVE TRACT NO PAGE 19 CM-3 CM-4 CM-5 CM-6 CM-7 CM-8 CM-9 The owner or contractor shall keep the construction area sufficiently dampened to control dust caused by construction and hauling, and at all times provide reasonable control of dust caused by wind. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust. All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. The project shall comply with the City of Los Angeles Noise Ordinance No. 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. Construction and demolition 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. CM-10 Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. CM-11 The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. CM-12 The project sponsor must comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment. CM-13 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/wastes must be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. CM-14 Clean up leaks, drips and spills immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. CM-15 Do not hose down pavement at material spills. Use dry cleanup methods whenever possible.

20 VESTING TENTATIVE TRACT NO PAGE 20 CM-16 Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. CM-17 Use gravel approaches where truck traffic is frequent to reduce soil compaction and limit the tracking of sediment into streets. CM-18 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. DEPARTMENT OF CITY PLANNING-STANDARD CONDOMINIUM CONDITIONS C-1. That approval of this tract constitutes approval of model home uses, including a sales office and off-street parking. Where the existing zoning is (T) or (Q) for multiple residential use, no construction or use shall be permitted until the final map has recorded or the proper zone has been effectuated. If models are constructed under this tract approval, the following conditions shall apply: 1. Prior to recordation of the final map, the subdivider shall submit a plot plan for approval by the Division of Land Section of the Department of City Planning showing the location of the model dwellings, sales office and off-street parking. The sales office must be within one of the model buildings. 2. All other conditions applying to Model Dwellings under Section 12.22A, 10 and 11 and Section O of the Code shall be fully complied with satisfactory to the Department of Building and Safety. C-2. C-3. Prior to the recordation of the final map, the subdivider shall pay or guarantee the payment of a park and recreation fee based on the latest fee rate schedule applicable. The amount of said fee to be established by the Advisory Agency in accordance with Section of the Los Angeles Municipal Code and to be paid and deposited in the trust accounts of the Park and Recreation Fund. That a landscape plan, prepared by a licensed landscape architect, be submitted to and approved by the Advisory Agency in accordance with CP-6730 prior to obtaining any grading or building permits before the recordation of the final map. In the event the subdivider decides not to request a permit before the recordation of the final map, a covenant and agreement satisfactory to the Advisory Agency guaranteeing the submission of such plan before obtaining any permit shall be recorded.

21 VESTING TENTATIVE TRACT NO PAGE 21 C-4. In order to expedite the development, the applicant may apply for a building permit for an apartment building. However, prior to issuance of a building permit for apartments, the registered civil engineer, architect or licensed land surveyor shall certify in a letter to the Advisory Agency that all applicable tract conditions affecting the physical design of the building and/or site, have been included into the building plans. Such letter is sufficient to clear this condition. In addition, all of the applicable tract conditions shall be stated in full on the building plans and a copy of the plans shall be reviewed and approved by the Advisory Agency prior to submittal to the Department of Building and Safety for a building permit. OR If a building permit for apartments will not be requested, the project civil engineer, architect or licensed land surveyor must certify in a letter to the Advisory Agency that the applicant will not request a permit for apartments and intends to acquire a building permit for a condominium building(s). Such letter is sufficient to clear this condition. 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 Section of the Municipal Code. (b) (c) (d) (e) (f) (g) 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.

22 VESTING TENTATIVE TRACT NO PAGE 22 (h) (i) (j) That each lot in the tract comply with the width and area requirements of the Zoning Ordinance. That 1-foot future streets and/or alleys be shown along the outside of 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. 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 exceed 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 Traffic 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 streets, 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) Construct on-site sewers to serve the tract as determined by the City Engineer. Construct any necessary drainage facilities.