DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT City Planning Commission Date: December 18, 2008 Time: After 8:30 a.m.* Place: Van Nuys City Hall Council Chambers, Second Floor 14410 Sylvan Street, Room 201, Council Chamber Van Nuys CA 91401 Public Hearing: October 6, 2008 Appeal Status: Zone Change may be appealed by the applicant if denied. General Plan Amendment is not appealable. Expiration Date: January 2, 2009 Multiple Approval: Zone Change and General Plan Amendment. Case No.: CPC 2007-4200-GPA-ZC CEQA No.: ENV-2007-3088-MND Incidental Cases: Vesting TT# 69251 Related Cases: none Council No.: Seven (Alarcon) Plan Area: Sylmar Specific Plan: None Certified NC: Sylmar NC GPLU: Low Density Residential Zoning: RA-1-K Applicant: Representative: Alexis Gevorgian, AMG & Associates Eric Lieberman c/o QES, Inc. PROJECT LOCATION: PROPOSED PROJECT:, Sylmar, CA The demolition of an existing single-family dwelling and the construction of a new 25-unit, three-story, Small Lot Subdivision, town-home condominium project, with a maximum height of 32 feet, 7 and 1/32 inches. The project will provide 2 parking spaces per unit and 2 guest parking spaces for a total of 52 parking spaces, and a tot lot, on an approximately 38,740 net square-foot lot. Vesting Tentative Tract No. 69251 for a Small Lot Subdivision will require a separate hearing before the Advisory Agency at a later date. REQUESTED ACTION: 1. Pursuant to Section 11.5.6 of the Los Angeles Municipal Code (LAMC), a General Plan Amendment (Periodic Plan Review for Window No. 169, Geographic Area 1) to the Sylmar Community Plan from Low Density Residential to Low Medium II Density Residential. 2. Pursuant to Section 12.32 F of the LAMC, a Zone Change from RA-1-K (Suburban Zone/Equinekeeping District) to RD1.5-1-K (Restricted Density Multiple Dwelling Zone/Equinekeeping District). RECOMMENDED ACTIONS: 1. Disapprove and recommend that the City Council not adopt a General Plan Amendment (Periodic Plan Review for Window No. 169, Geographic Area 1) to the Sylmar Community Plan from Low Density Residential to Low Medium II Density Residential.
CPC 2007-4200-GPA-ZC Page 2 2. Disapprove and recommend that the City Council not approve a Zone Change from RA-1-K (Suburban Zone/Equinekeeping District) to (T)(Q)RD1.5-1-K (Restricted Density Multiple Dwelling Zone/Equinekeeping District). 3. Approve and recommend that the City Council approve a Zone Change from RA-1-K (Suburban Zone/Equinekeeping District) to (T)(Q)RD6-1-K (Restricted Density Multiple Dwelling Zone/Equinekeeping District). 4. Approve Mitigated Negative Declaration No. ENV-2007-3088-MND as an adequate environmental clearance for the project, as recommended by City staff. 5. Adopt the attached Findings. 6. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, 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. S. GAIL GOLDBERG, AICP Director of Planning Daniel Scott, Principal City Planner Robert Duenas, Senior City Planner Daniel O Donnell, City Planner Telephone: (818) 374-5066 *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, 200 North Spring Street, Los Angeles, CA 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent to 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 this 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) 978-1300.
CPC 2007-4200-GPA-ZC Page 4 TABLE OF CONTENTS Project Analysis... A-1 Project Summary Background Issues and Analysis Conclusion (Q) Qualified Conditions of Approval... Q-1 (T) Conditions... T-1 Findings... F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications... P-1 Exhibits: A Maps A1 Vicinity/ZIMAS Maps A2 Radius Map A3 Existing Plan Map A4 Requested Plan Map B Plans Site, Landscape, and Elevation Plans C- Aerial and Site Photographs D Environmental Clearance
CPC 2007-4200-GPA-ZC A-1 A. Project Summary and Request PROJECT ANALYSIS The proposed project is the demolition of an existing single family dwelling and the construction, use and maintenance of an approximately 52,360 square-foot, Small Lot Subdivision, townhome-style condominium project, consisting of 25 three-story (2-story over 2-car garage) units, with a total of 52 on-site parking spaces, and a 1,961 square-foot common lot area containing two guest parking spaces and a tot play lot. The units would range in size from 1,900 to 2,300 square feet, each with 3 bedrooms and 2 baths, and each with its own 3 rd floor balcony. Vesting Tentative Tract No. 69251 for Small Lot Subdivision condominium purposes will require a separate hearing before the Advisory Agency at a later date. The discretionary requests include: Pursuant to Section 11.5.6 of the LAMC, a General Plan Amendment (Periodic Plan Review for Window No. 169, Geographic Area 1) to the Sylmar Community Plan from Low Density Residential and Low Medium II Density Residential to Low Medium I Density Residential; and Pursuant to Section 12.32 F of the LAMC, a Zone Change from RA-1-K (Suburban Zone/Equinekeeping District) to RD1.5-1-K (Restricted Density Multiple Dwelling Zone/Equinekeeping District). B. Project Background 1. Subject Property Project Address:, Sylmar Community Plan area. Existing Site and Land Use: The subject property is a level, rectangular shaped, 38,740 net square-foot lot (after dedication). The lot has a 130-foot frontage along its southern lot line with Gladstone Avenue, and a uniform depth of 300 feet on the east and west sides of the lot. It is located approximately 214 feet west of Hubbard Street, a designated but not fully built-out Major Highway, and has no direct access to or frontage on Hubbard Street. The site is currently developed with a single family residence. Plan Land Use: The Sylmar Community Plan land use designation for the site is Low Density Residential, corresponding to the RE9, RS, R1 and RD6 Zones. Existing Zone: The site is zoned RA-1-K, which permits single family dwellings and equinekeeping. 2. Surrounding Zoning and Land Use The proposed project site is located between low medium density, multi-family residential use and zoning on the north and east, on lots which front Hubbard Street, a designated Major Highway, and low density, single-family use and zoning on the west, on lots which front Gladstone Avenue and Beaver Street further to the west. This single-family area to the west is also located in an equinekeeping district, and several
CPC 2007-4200-GPA-ZC A-2 properties abutting the subject site maintain horses and other domesticated animals. To the south, across Gladstone Avenue, is a commercial retail shopping center, with approximately 30 business establishments, and a large surface parking lot fronting Gladstone Avenue. Properties immediately adjacent to the subject property are detailed in the following table: Direction Land Uses/Improvements Zones General Plan Designation North and Condominium Complex with Low Medium II (Q)RD1.5-1 East 48 units Residential South Retail Shopping Center C2-1; (Q)C2-1;C4-1 Neighborhood Commercial West Single-family homes within Low Density RA-1-K an equinekeeping district Residential 3. Street Classifications The streets adjoining or near the subject property have the following General Plan Street Designation: Gladstone Avenue, fronting the subject property to the south, is designated as a Collector Street. It is currently dedicated to a variable width of 60 to 62 feet, and improved with a 36-foot wide roadway, curbs and gutters. No sidewalk exists along the property frontage. Hubbard Street, located approximately 214 feet east of the project site, is designated as a Major Highway Class II and is dedicated to a variable width of 73 to 86 feet, which is at least 24 feet less than the City standard for a Major Highway. 4. Related Cases CPC-93-0429-CPU. Last Sylmar Community Plan Update revision, adopted by the City Council on August 8, 1997. The subject property was not affected by the update. CPC-2006-5569-CPU. New Community Plan Update revision for the Sylmar Community Plan, currently underway. Working draft land use map for the subject property shows no change to the existing General Plan designation and zoning. Ordinance No.151,654. Under City Plan Case No. 26625, adopted by the City Council on October 24, 1978, a zone change ordinance affecting the adjoining property to the east and north, changing the zone to (Q)RD1.5-1, permitting a maximum of 48 condominium units, with a maximum building height of 25 feet. 5. Reports Received No official reports have been received prior to the completion of this report. However, as part of the environmental review process, the Bureau of Engineering provided a preliminary form stating that the subject site would require a 2-foot
CPC 2007-4200-GPA-ZC A-3 dedication and the construction of street resurfacing to widen the half-roadway to 22 feet, as well as install new curb, gutter and sidewalk. D. Issues and Analysis Staff is recommending that the applicant s Plan Amendment and zone change request be denied, and that a zone change to the RD6-1-K zone be approved, which will permit the development of 6 dwelling units on the site, in conformance with the existing Community Plan land use designation of Low Density Residential for the site. The obvious issue in this case is whether the density requested by the applicant is appropriate for the site, given the surrounding existing and planned land uses. Staff believes the requested density is not appropriate for three reasons: location, location and location. The first and most important location reason the requested density is inappropriate is the neighborhood context in which the project is proposed. The project site is a mid-block parcel located at the boundary between a low density, large lot, single family, horsekeeping residential area, and a higher density, multi-family residential development fronting a designated Major Highway, Hubbard Street. It is, therefore, a transitional lot which should create a buffer between the two densities, not match the higher density of that along Hubbard Street. Because the project site fronts on, and has its only access from, Gladstone Avenue, a residential neighborhood collector street, it relates much more closely to the low density, single family area to the west, and should step down in density toward the low density range rather than step up to the higher density range to the east. The Sylmar Community Plan provides for this transition, by allowing the RD6 multi-family zone within the Low Density Residential designation on the site. The RD1.5 zoning on the adjacent site to the east, fronting and having access on Hubbard Street, does not set a precedent for this zone change request because the physical circumstances are very different. The existing 48-unit condominium project has the majority of its units located along Hubbard Street, with a physical separation of 75-100 feet between any of the units and the adjoining RA-zoned, single-family lots to the west. The proposed project, with 25 units in a Small Lot Subdivision configuration, would be constructed within 5 feet of the RA-zoned single-family lots. In addition, the subject lot s topography is elevated in relation to the adjoining RA-zoned lots by approximately 10 feet, which would make the 3- story, 32-foot buildings appear to be 40+ feet tall and loom over the single family properties. In discussions with staff working on the Sylmar Community Plan update, the K horsekeeping District designation is proposed to be retained for this neighborhood, including over the subject property. A condition is recommended that no habitable room of any dwelling unit on the project site be constructed within 35 feet of the lot line adjoining the RA-zoned, horsekeeping lots. The subject lot has a uniform width of 130 feet, and this requirement will locate the habitable buildings toward the eastern side of the lot, closer to the condominium project than to the single family, horsekeeping lots to the west. By retaining the K District designation even though the property is not proposed for a horsekeeping use at this time, this 35-foot distance separation between horsekeeping enclosures and habitable rooms can be utilized, instead of a 75-foot separation, as would be required if the subject property were not designated within the K District. This allows for greater design freedom in arranging the recommended 6 dwelling units on the site, while still observing an effective setback from the horsekeeping lots. Because of the grade difference between the subject property and the adjacent single family lots, staff is recommending that a 25-foot height limit be imposed on the zone change, so
CPC 2007-4200-GPA-ZC A-4 that no structure can exceed 2 stories on the site. This continues the maximum height permitted on the condominium project to the west, fronting Hubbard Street. The second location reason the requested density is inappropriate is within the context of the larger Sylmar community. The Sylmar Community Plan text, under Land Use Policy No. 1-2.1 for residential use, states that higher residential densities should be located near commercial centers, the commuter rail station, and bus routes where public service facilities, utilities, and topography will accommodate this development. Under the Program for this policy, the Plan states The Plan designates lands for higher residential densities within and adjacent to the transit oriented district and pedestrian oriented areas. The project site is located approximately 2½ miles northeast of the Metro Link Commuter rail station transit oriented district, and is not within a designated pedestrian oriented area. The only public transit between the project site and the rail station is the Metro Shuttle Line on Hubbard Street (Line 364), with an arrival frequency of 30-40 minutes on weekdays, and no service on weekends. Staff does not believe that these transit conditions meet the Community Plan s Program land use criteria. And while the project site is located across Gladstone Avenue from a shopping center, it is a neighborhood-serving center, not a community serving one. The third location reason the requested density is inappropriate is within the citywide context of the City of Los Angeles. The project site is located in the far northern portion of the San Fernando Valley, which is far from major employment centers in the city. Approval of projects at a higher residential density than permitted by the Land Use Element of the General Plan, such as the applicant s request, will further exacerbate the jobs-housing imbalance in the City and increase vehicle miles travelled, and would not further the goal of reducing greenhouse gas emissions levels. Conclusion For the reasons stated above and in the findings attached, staff recommends that the General Plan amendment and zone change, as requested by the applicant, be denied, and that a zone change to the RD6-1-K zone, which is consistent with the Sylmar Community Plan land use designation, be granted, subject to the attached conditions of approval. This will permit the development of 6 dwelling units on the site, which will create a transitional density buffer between the higher density multi-family development on Hubbard Street, and the low density, single family, horsekeeping area to the west.
CPC 2007-4200-GPA-ZC Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section 12.32 G of the LAMC, the following limitations are hereby imposed upon the use of the subject property located at, currently designated Low Density Residential on the Sylmar Community Plan, subject to the Q Qualified classification. A. Development Conditions: 1. Use. The property shall be limited to the use, density, and area provisions of the RD6-1-K Zone. 2. Project Plans. Prior to the issuance of any building permit, the applicant shall resubmit project plans consistent with this approval to the Department of City Planning for reviewed and approval. 3. Height: The project shall not exceed 2 stories and 25-0 in height, as defined by Section 12.21.1 B.3 of the LAMC. 4. Equinekeeping Setback. No habitable room of any dwelling unit shall be constructed within 35 feet of the westerly property line adjacent to the RA-1-K equinekeeping properties. 5. Open Space. A minimum of 100 square feet of usable open space shall be provided for each dwelling unit, in conformance with Ordinance No. 171,753. (Sylmar Community Plan Design Standards) 6. Balconies. No second-story balconies shall be located on any portion of a dwelling unit facing the single-family properties. 7. Parking: The project shall provide a minimum of two (2) parking spaces per unit. The project shall also provide a minimum of 1/2 guest parking space per unit. The applicant shall comply with the following: a. Tandem parking may be used only for the spaces that are assigned and designated for a single residential unit. b. The required parking spaces shall be in an enclosed garage. c. Guest parking spaces shall be clearly identified by signs. The signs shall be in large, easy to read lettering and shall indicate the general location of guest parking. Sign wording shall be to the satisfaction of the Planning Department and shall indicate the number of reserved guest parking spaces. 8. Landscaping. 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 by a licensed landscape architect to the satisfaction of the Department of City Planning. (Env l) 9. Outdoor Lighting. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties, and shall be downward facing. (Env l)
CPC 2007-4200-GPA-ZC Q-2 B. Environmental Conditions: 1. Aesthetics (Landscape Buffer). A minimum five-foot wide landscape buffer shall be planted adjacent to the residential use. A landscape plan shall be prepared by a licensed landscape architect to the satisfaction of the decision maker. 2. Aesthetics (Graffiti). Every building, structure, or portion thereof, shall be maintained in a safe and sanitary condition and good repair, and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section 91.8104. The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91,8104.15. 3. Tree Removal (Locally Protected Species). Prior to the issuance of a grading permit or building permit, the applicant shall submit a tree report and landscape plan prepared by a Municipal Code-designated tree expert as designated by LAMC Ordinance No. 153,478, for approval by the decision maker and the Urban Forestry Division of the Bureau of Street Services. A minimum of two trees (a minimum of 48- inch box in size if available) shall be planted for each one that is removed. The canopy of the oak trees planted shall be in proportion to the canopies of the oak trees removed per Ordinance No. 153,478, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker. 4. Tree Removal (Non-Protected Trees). Prior to the issuance of a grading permit or building 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 decision maker 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 unavoidable loss of desirable trees on the site, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker. 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. 5. Bonding (Protected Tree Survival). The 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 of ownership shall require that the new owner post a new oak tree bond to the satisfaction of the Bureau of Engineering. Subsequently, the original owner's oak tree bond may be exonerated. The City Engineer shall use the provisions of Section 17.08 as its procedural guide in satisfaction of said bond requirements and processing. Prior to exoneration of the bond, the owner of the property shall provide evidence satisfactory to the City Engineer and Urban Forestry Division that the oak trees were properly replaced, the date of the replacement and the survival of the replacement trees for a period of three years.
CPC 2007-4200-GPA-ZC Q-3 6. 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. 7. Erosion/Grading/Short-Term Construction Impacts. The following conditions are imposed to mitigate to a less than significant level the impacts that may result from project implementation due to short-term air quality, grading and noise impacts that may result from the construction of the proposed project: Air Quality 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. 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. 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, grading, 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. Noise The Proposed 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. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. Each project contractor shall use power construction equipment with state-ofthe-art noise shielding and muffling devices. Each project shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment. Grading Excavation and grading activities shall be scheduled during dry weather periods. If grading occurs during the rainy season (October 15 through April 1), diversion dikes shall be constructed to channel runoff around the Project Area. Channels shall be lined with grass or roughened pavement to reduce runoff velocity. Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Department. These measures include interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-
CPC 2007-4200-GPA-ZC Q-4 growing annual and perennial grasses in areas where construction is not immediately planned. Stockpiles and excavated soil shall be covered with secured tarps or plastic sheeting. General Construction 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 shall be taken to an appropriate landfill. Toxic wastes shall be discarded at a licensed regulated disposal site. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. Shall not hose down pavement at material spills. Dry cleanup methods shall be used whenever possible. Dumpsters shall be covered and maintained. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop clothes shall be used to catch drips and spills. 8. Explosion/Release (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 ACM are present in the building. If ACM 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. $ Prior to the issuance of any permit for demolition or alteration of the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Department of Building and Safety. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations. 9. Land Use. The project shall comply with the Equinekeeping (K) District standards of the Los Angeles Municipal Code. 10. Public Services (Schools). The applicant shall pay school fees to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area. 11. Public Services (Street Improvements Not Required By DOT). The project shall comply with the Bureau of Engineering's requirements for street dedications and improvements that will reduce traffic impacts in direct portion to those caused by the proposed project's implementation. 12. Recreation (Increase Demand For Parks Or Recreational Facilities). Per Section 12.33 of the Municipal Code, the applicant shall pay the applicable Recreation Fee for the construction of condominiums or Recreation and Park fees for construction of apartment buildings.
CPC 2007-4200-GPA-ZC Q-5 13. Safety Hazards. The applicant shall submit a parking and driveway plan that incorporates design features that reduce accidents, to the Bureau of Engineering and the Department of Transportation for approval. 14. Inadequate Emergency Access. The applicant shall submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation for approval that provides code-required emergency access. C. 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 Planning Department for placement in the subject file. 2. Code Compliance. Area, height and use regulations of the RD3 zone classification of the subject property shall be complied with, except where herein conditions are more restrictive. 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 assign. The agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder s number and date shall be provided to the Planning Department for attachment to the file. 4. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public officials, 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 Planning Department and any designated agency, or the agency s successor and in accordance with any stated laws or regulations, or any amendments thereto. 6. Building Plans. Page 1 of the grants and all the conditions of approval shall be printed on the building plans submitted to the City Planning Department and the Department of Building and Safety. 7. 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. 8. Project Plan Modifications. Any corrections and/or modifications to the Project plans made subsequent to this grant that are deemed necessary by the Department of Building and Safety, Housing Department, or other Agency for Code compliance, and
CPC 2007-4200-GPA-ZC Q-6 which involve a change in site plan, floor area, parking, building height, yards or setbacks, building separations, or lot coverage, shall require a referral of the revised plans back to the Department of City Planning for additional review and final sign-off prior to the issuance of any building permit in connection with said plans. This process may require additional review and/or action by the appropriate decision making authority including the Director of Planning, City Planning Commission, Area Planning Commission, or Board.
CPC 2007-4200-GPA-ZC T-1 CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL Pursuant to Section 12.32 G of the Municipal Code, the (T) Tentative Classification shall be removed by the recordation of a final parcel 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 approval or guarantees provided to the Department of City Planning for attachment to the subject planning case file. 1. Dedication(s) and Improvement(s). The applicant shall comply with all the requirements of the Bureau of Engineering, including the dedication and improvement requirements for the project. 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), the following: A. 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 issuance of sign offs for final site plan approval and/or project permits by the Planning Department, the applicant/developer shall provide written verification to the Planning Department 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 project design required by a public agency shall be documented in writing and submitted for review by the Planning Department. 2. Engineering Sewer Facilities. Construction of necessary sewer facilities, to the satisfaction of the Bureau of Engineering. All Sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a building permit. 3. Engineering Drainage Facilities. Construction of necessary drainage facilities, to the satisfaction of the Bureau of Engineering. 4. Public Works Street Trees. Construction of tree wells and planting of street trees and parkway landscaping, to the satisfaction of the Street Tree Division of the Bureau of Street Maintenance. 5. Engineering and Transportation Driveway and Parking Plans. Preparation and submittal of a parking area and driveway plan, to the satisfaction of the appropriate Valley District Office of the Bureau of Engineering and the Department of Transportation. A parking area and driveway plan shall be prepared for approval by the appropriate district office of the Bureau of Engineering and the Department of Transportation. Emergency vehicular access shall be subject to the approval of the Fire Department and other responsible agencies.
CPC 2007-4200-GPA-ZC T-2 6. Transportation Site Access and Internal Circulation. A final DOT approval shall be obtained prior to issuance of any building permits for the driveway, internal circulation, and parking scheme for the proposed Project. This shall be accomplished by submitting a detailed and fully dimensioned site plan and parking layout, with a minimum scale of 1"=40', to the DOT Valley Development Review Section at 6262 Van Nuys Boulevard, Suite 320, Van Nuys, 91401, before submittal of building plans for plan check to the Department of Building and Safety. 7. Public Works Street Lighting. Installation of street lights, to the satisfaction of the Bureau of Street Lighting. The applicant shall be responsible for street lighting modifications required at an intersection if there are improvements by the Department of Transportation (also for off site improvements). 8. Fire Department. The applicant shall prepare 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: fire lanes, where required, shall be a minimum of 20 feet in width; all structures must be within 300 feet of an approved fire hydrant, and 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. (Env l) 9. Department of Telecommunications Cable Television Franchise. Making any 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 17.05N, to the satisfaction of the Department of Telecommunications. 10. Police Department. The applicant shall prepare a plot plan for approval by the Police Department either prior to the recordation of a final map or the approval of a building permit. 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 Area if needed. Please 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, (213) 485-3134. These measures shall be approved by the Police Department prior to the issuance of building permits. (Env l) 11. Engineering Notice of Payment of All Engineering Fees. Prior to issuance of a clearance letter by the Bureau of Engineering, all engineering fees pertaining to Ordinance No. 176,077 adopted by the City Council, must be paid in full at the Development Services Division office. 12. Engineering Notice of Completion of Construction of All Public Improvements: Certificates of Occupancy 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. 13. Planning - 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
CPC 2007-4200-GPA-ZC T-3 by the property owner in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. Further, the agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder's number and date must be given to the City Planning Department for attachment to the subject file. 14. Department of Recreation and Parks - Recreation and Parks Dedication/Fee. Per Section 12.33 of the Los Angeles 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. (Env l)
CPC 2007-4200-GPA-ZC F-1 FINDINGS A. General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located within the area covered by the Sylmar Community Plan, updated and adopted by the City Council on August 8, 1997. The Plan designates the subject property as Low Density Residential (corresponding to the RE9, RS, R1 and RD6 zones). The proposed plan amendment, as requested by the applicant, would redesignate the site as Low Medium II Density Residential (corresponding to the RD2 and RD1.5 zones). A plan amendment to Low Medium II Density Residential and the corresponding zone to RD1.5-1 over the site IS NOT in substantial conformance with the purposes, intent and provisions of the General Plan, as reflected in the adopted community plan. The proposed project would extend an inappropriately dense, multiple-family land use and zone into a stable single-family area. The existing land use designation permits a multi-family zone which would create an appropriate transitional buffer between the existing low-density, large-lot, horsekeeping properties to the west, and the low medium, multi-family development to the east fronting Hubbard Street. The zone change recommendation to the (T)(Q)RD6-1-K zone on the subject property IS CONSISTENT with its current the land use designation of Low Density Residential, and ensures the appropriate transition between single family and multi-family uses. 2. General Plan Text. The Sylmar Community Plan text includes the following relevant land use goals, objectives, policies and programs: Goal 1. A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY. To provide for the preservation of existing housing and for the development of new housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010. Objective 1-1: Achieve and maintain a housing supply sufficient to meet the diverse economic needs of current and projected population to the year 2010. Policies: 1-1.1 Designate lands for single and multi-family residential development. Program: The Plan Map identifies specific areas where multi-family residential development is permitted. 1-1.2 Protect existing single family residential neighborhoods from encroachment by higher density residential and other incompatible uses.
CPC 2007-4200-GPA-ZC F-2 Program: The Plan Map identifies areas where only single-family residential development is permitted; it protects these areas from encroachment by designating, where appropriate, transitional residential densities which serve as buffers. 1 1.3 The City shall ensure that parcel maps and subdivisions for residential projects within neighborhoods having a predominance of horsekeeping properties classified in the Equinekeeping District shall be developed consistent with the intent and purpose of the K District. Program: Implementation of the Community Plan Map which designates areas to be developed as low density, single-family residential areas which are within horsekeeping K Districts. 1-1.6 Require that new single and multi-family residential development be designed in accordance with the Design Guidelines in Chapter V. Program: The Plan includes an Urban Design Chapter which outlines Design Standards for residential development that are mandatory for discretionary projects and advisory for nondiscretionary projects. 1-1.8 The City should promote neighborhood preservation, particularly in existing single family neighborhoods, as well as in areas with existing multiple-family residences. Program: With the implementation of the Community Plan, single family residential land use categories, all zone changes, subdivisions, parcel maps, variances, conditional uses, specific plans, community and neighborhood revitalization programs for residential projects shall provide for Plan consistency. Objective 1-2: To locate new housing appropriately in a manner which reduces vehicular trips and which increases accessibility to services and facilities. Policies: 1-2.1 Locate higher residential densities near commercial centers and major bus routes where public service facilities, utilities and topography will accommodate this development. Program: The Plan designates lands for higher residential densities within in and adjacent to the transit oriented district and pedestrian oriented areas.
CPC 2007-4200-GPA-ZC F-3 Objective 1-3: To preserve and enhance the varied and distinct residential character and integrity of existing single and multi-family neighborhoods. Policies: 1-3.2 Consider factors such a neighborhood character and identity, compatibility of land uses, impact on livability, impacts on services and public facilities, and impacts on traffic levels when changes to residential densities are proposed. Program: Require that a decision-maker adopt a finding which addresses these factors as a part of any decision relating to changes in planned residential densities. Objective 1-5: Promote greater individual choice in type, quality and location of housing. Policies: 1-5.1 Provide for the development of townhomes and other similar condominium type housing units to increase home ownership options. Program: The Plan encourages this type of development by designating specific areas for low medium residential land use where townhouse development can be sited. The recommended zone change for the subject property to (T)(Q)RD6-1-K is consistent with the current Community Plan designation of Low Density Residential, and will fulfill the above-listed Objective Nos. 1-1, 1-3 and 1-5 of the Community Plan, and their associated policies and programs. The recommended action will implement policy 1-1.2 and 1-1.3 and their programs by protecting existing single family residential neighborhoods from encroachment by higher density residential and other incompatible uses; by establishing a transitional residential density to serve as a buffer to the low density, single-family properties to the west; and by imposing a condition requiring a 35-foot setback of a habitable rooms from the westerly property line, consistent with the intent and purpose of the existing K District designation. The recommended action is consistent with policy 1-3.2, in that it considered factors such as neighborhood character and identity, compatibility of land uses, and impact on livability in determining that the RD6 density is the appropriate level of density for the property. The proposed project site is not located in one of the specific designated areas for low medium residential land use, as stated in Program 1-5.1, and therefore the recommended RD6 density, which permits multi-family, townhome development at a more compatible density to the existing low density, single family properties to the west, is more appropriate than the requested density. Additionally, the recommended zone change has been conditioned to include basic design standards specified in Chapter 5 of the Community Plan, in conformance with
CPC 2007-4200-GPA-ZC F-4 policy 1-1.6, including a minimum open space per dwelling unit requirement, and a prohibition on second story balconies facing the single family residences to the west, in order to preserve their security and privacy. A height restriction of 25 feet has been included, in order to match the height of the low medium density condominium project to the east, and to prevent the development from looming over the single family properties to the west. The recommended disapproval of the requested general plan amendment from Low Density Residential to Low Medium II Density Residential and a corresponding zone change to RD1.5-1-K on the subject property is consistent with the following Community Plan Objectives: Objective No. 1-1, in that it protects existing single family residential neighborhoods from encroachment by higher density residential; Objective No. 1-2, in that the proposed project site is not located within or adjacent to the transit oriented district or pedestrian oriented areas in which the Plan encourages higher density residential development; Objective No. 1-3, by considering factors such as neighborhood character and identity, compatibility of land uses, and impact on livability in determining that the requested general plan amendment and zone change are inappropriate for this neighborhood; and Objective 1-5, because the proposed townhome development property is not located in a designated specific area for low medium residential land use where such townhouse development should be sited. B. Entitlement Findings 1. Zone Change, L.A.M.C. Sec. 12.32.F: The recommended zone change is in conformance with the public necessity, convenience, general welfare or good zoning practice in that: As stated above, the recommended zone change for the subject property to (T)(Q)RD6-1-K is consistent with the current Community Plan designation of Low Density Residential and will help the City meet Objective Nos. 1-1, 1-2, and 1-5 of the Community Plan. The Sylmar Community Plan text, under Land Use Policy No. 1-1.2 for residential use, states Protect existing single family residential neighborhoods from encroachment by higher density residential and other incompatible uses. Land Use Policy No. 1-1.3 states The City shall ensure that parcel maps and subdivisions for residential projects within neighborhoods having a predominance of horsekeeping properties classified in the Equinekeeping District shall be developed consistent with the intent and purpose of the K District. The action, as recommended, has been made contingent upon compliance with the (T) and (Q) conditions imposed herein. Such limitations are necessary to protect the best interests of and to assure a development more compatible with surrounding properties, to secure an appropriate development in harmony with the General Plan, and to prevent or mitigate the potential adverse environmental effects of the subject recommended action. Additionally, the recommended disapproval of the requested zone change to RD1.5-1-K on the subject property is consistent with the above Objective No. 1-3 of the Community Plan, which advises any decision-maker to consider factors such a neighborhood character and identity, compatibility of land uses, and impact on livability.