DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT North Valley Area Planning Commission Date: Thursday, March 6, 2008 Time: After 4:30 PM* Place: Marvin Braude San Fernando Valley Constituent Service Center 6262 Van Nuys Boulevard First Floor Meeting Room Van Nuys, CA 91401 Public Hearing: January 14, 2008 Appeal Status: Expiration Date: March 9, 2008 Multiple Approval: Not Applicable Appealable by the applicant to City Council if the Commission denies in whole or in part Case No.: APCNV-2007-329-ZC CEQA No.: ENV-2007-311-MND Incidental Cases: None Related Cases: AA-2007-310-PMLA Council No.: 12 Plan Area: Chatsworth-Porter Ranch Specific Plan: None Certified NC: Chatsworth GPLU: Very Low I Residential Zone: (T)RA-1 and A2-1 Applicant: Elias Esber Representative: Dominic Hong, Thomas D. Iacobellis and Associates, Inc. PROJECT LOCATION: PROPOSED PROJECT: 10764 N. Farralone Avenue and 22150 W. Tulsa Street No specific project is proposed. [Note: Parcel Map number AA-2007-310-PMLA has also been filed to create a three-lot subdivision for single-family uses on a 76,259.2 net square foot site (1.38 net acres) and will require a separate notice and hearing by the Advisory Agency at a later date.] REQUESTED ACTIONS: Pursuant to Section 12.32-C of the Los Angeles Municipal Code, a Zone Change from A2-1 (Agricultural Zone) to (T)RA-1 (Suburban Zone). RECOMMENDED ACTIONS: 1. Disapprove a Zone Change from A2-1 to (T)RA-1 as filed. 2. Approve and Recommend that the City Council adopt a Zone Change from A2-1 to (T)(Q)RA-1-K, pursuant to LAMC Section 12.32, and subject to the attached Conditions of Approval. 3. Adopt the attached Findings. 4. Adopt Mitigated Negative Declaration No. ENV-2007-311-MND. 5. Recommend that the applicant be advised that time limits for effectuation of a zone in the Q Qualified Classification and T Tentative Classification are specified in Section 12.32.G of the L.A.M.C. Conditions must be satisfied prior to the issuance of building permits and that the (T) Tentative classification be removed in the manner indicated on the attached page.
APCNV-2007-0329-ZC Page 2 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. 7. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. S. GAIL GOLDBERG, AICP Director of Planning Daniel M. Scott, Principal City Planner Kevin D. Jones, Hearing Officer Telephone: (213) 978-1172 ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 532, City Hall, 200 North Spring Street, Los Angeles, CA 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 these 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) 978-1247.
TABLE OF CONTENTS Project Analysis... A-1 Project Summary Walkability Background Issues Conclusion (Q) Qualified Conditions of Approval... Q-1 (T) Conditions...T-1 Findings...F-1 General Plan/Charter Findings Entitlement Findings Site Plan Review Findings CEQA Findings Public Hearing and Communications...P-1 Exhibits: A - Radius Map B - Preliminary Parcel Map No. AA-2007-310-PMLA / Vicinity Map C - Environmental Clearance (Case No. ENV-2007-311-MND) D. - Photographs.
APCNV-2007-0329-ZC A-1 PROJECT ANALYSIS Project Summary A Zone Change from A2-1 (Agricultural Zone) to (T)RA-1 (Residential Estate Zone) on a 76,259 net square foot site (1.38 net acres). No specific project is proposed. [Note: Parcel Map number AA-2007-310-PMLA has also been filed to create a three-lot subdivision for singlefamily uses on the site and will require a separate notice and hearing by the Advisory Agency at a later date.] Background The project will provide new land ownership opportunities for the Community Plan area. The project site is located at the south east corner of Farralone Avenue and Tulsa Street within the Chatsworth-Porter Ranch Community Plan, which was updated on September 4, 1993. The site consists of one lot having a frontage of 330 feet along Farralone Avenue and a depth of 239 feet. The proposed project access is along Farralone Avenue that is a partially improved public street for a distance of 185 feet and the remaining frontage is an unimproved private street. Tulsa Street adjacent to the northern property line is an unimproved private street. The project site is developed with a single-family dwelling, a guest dwelling structure, detached garage, another accessory structure, and all structures will be demolished. The new lots will meet the 20,000 square foot minimum lot requirement and are larger than the 17,500 square feet (sq. ft.) required to house equine keeping. The proposed lot sizes will be: Lot A = 20,147 sq. ft.; Lot B = 20,159 sq. ft.; and Lot C = 20,134 sq. ft. after possible street dedications. The proposed project will comply with all LAMC requirements for parking, yards, and open space. The site is one of several under-improved properties in the vicinity awaiting zone changes to bring them into conformance with the Community Plan land use designations. The adopted Chatsworth-Porter Ranch Community Plan designates the subject property for Very Low I Residential land use with the corresponding zones of RE20 and RA. The property contains approximately 1.38 net acres (76,259 net square feet) and is presently zoned A2-1 and (T)RA-1. The currently zoning allow for the development of single-family dwellings, however in order to achieve the desired density of three lots, the Zone Change to RA-1 is requested. The site is not subject to the Specific Plan for the Management of Flood Hazards (floodways, floodplains, mud prone areas, coastal high-hazard and flood-related erosion hazard areas); in that, it is located within Flood Zone C which is an area of minimal flooding. Likewise, this site is not located within any geographic specific boundaries nor any economic development areas. Chatsworth-Porter Ranch includes large areas of open space and natural land forms. The RA and RE20 Zones are encouraged to emulate the existing rural landscape, whether horse keeping is present or not. However, it is the policy of the Plan (see Objectives No. 14) to place a higher priority on the preservation of horse keeping areas than on other uses found in the RA and RE20 Zones category. Several equestrian keeping areas, especially north of Devonshire Street and west of De Soto Avenue to the City/County line, are designated in the Chatsworth- Porter Ranch Equestrian Areas to the Community Plan. This site is one of the remaining unimproved properties in these areas identified as desirable for horse keeping uses and establishment of K Equinekeeping Districts. The project has several conditions of approval that address the policy of the Community Plan to preserve the horse keeping lifestyle within this neighborhood.
APCNV-2007-0329-ZC A-2 The proposed subdivision of three lots is allowable under the land use designation and contingent upon the zone approval. The requested zone change is consistent with the land use designation of the Community Plan and Municipal Code Section 12.32-C. Parking: The Advisory Agency Parking Policy No. AA-2000-1 requires two covered parking spaces for each single-family dwelling. Surrounding Properties: Adjacent land uses included a subdivision of land to the south in the RA-1 and (T)RE11-1 Zone, single family residential uses to the east in the A2-1 Zone, and to the north and west are singlefamily homes which include equine keeping uses in the A2-1 Zone. Street and Circulation: Farralone Avenue is a designated Local Street with the southern 185 feet partially improved and dedicated while the northern 145 feet is a private street and not improved. Tulsa Street is a Private Street and the Bureau of Engineering may require a 30-foot wide private street easement/dedication be required along the northern portion of the subject site to serve this development and that the private street easement area under the ownership of the applicant be part of the adjoining parcels to the satisfaction of the City Engineer. Conditioned satisfactory to the City Engineer, the owners shall record an agreement stating that they will grant the necessary easements for ingress, egress and public facilities over the private street areas upon the sale of the respective lots and they will maintain the private streets, free and clear of obstructions and in a safe condition for vehicular use at all times. Furthermore, BOE may require that the applicant grade the private street within the tract and provide any necessary transitions to join the existing improvements all satisfactory to the City Engineer. These improvements will assure compliance with this Element of the General Plan and with the City s street improvement standards pursuant to Municipal Code Section 17.05. Relevant Cases: Issues CPC-29420-ZC: Ord. No. 155,175 effective June 12, 1981 was a Zone Change from A2-1 to (T)RA-1 was applicable to this property and an area south of the subject site. However, the ordinance expired for the subject site on June 13, 1987 because the (T) Tentative conditions were not fulfilled. AA-2007-310-PMLA A subdivision application has been filed for the subject site to create three single family lots. The Advisory Agency requires a separate notification and Public Hearing for this request. A public hearing on this matter was held at the Marvin Braude San Fernando Valley Constituent Service Center on Monday, January 14, 2008. The applicant, applicant s representative, and one neighbor, gave testimony. The applicant requested that the zone change request be revised to add the K Equinekeeping Overlay because the neighborhood is in favor of in this horse keeping area and that this would be consistent with previous similar zone changes, (APCNV-2007-3024-ZC-ZAA). The public speaker supported the RA zone change and fully supported the applicant s revision to add the K Equinekeeping Overlay. One letter was received opposing the project as they oppose all increases in density due to traffic concerns. The writer also had some concerns about current horse boarding operations within the
APCNV-2007-0329-ZC A-3 neighborhood, their violations and lack of enforcement. Lastly, the applicant stated that Council District 12 recommends that the standard Equinekeeping conditions included in the K Overlay be added to the approval. Staff Response: Staff recommends that the North Valley Area Planning Commission deny the zone change as requested and approve the (T)(Q)RA-1 with the K Equinekeeping Overlay District adding these parcels to the proposed equinekeeping district. Conclusion Based on the information submitted, the public hearing, and the proposed project s compliance with the Chatsworth-Porter Ranch Community Plan, the Department of City Planning is recommending that the North Valley Area Planning Commission: Disapprove the requested Zone Change from A2-1 to (T)RA-1 as filed and Approve and Recommend that the City Council adopt a Zone Change from A2-1 to (T)(Q)RA-1-K subject to the attached Conditions of Approval.
Case No. APCNV-2007-0329-ZC Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section 12.32 G of the Municipal Code, the following limitations are hereby imposed upon the use of the subject property, subject to the Q Qualified classification. A. Entitlement Conditions 1. Use. The use and area regulations of the subject property shall be limited to those permitted in the RA-1-K as defined in LAMC Sections 12.07.01 and 13.05-C unless modified by herein conditions or subsequent action. 2. Site Plan. The use and development of the subject property shall be in substantial conformance with the preliminary parcel map labeled Exhibit B. 3. Density. A maximum of one single-family dwelling shall be permitted on each individual lot. 4. Parking. For each single-family dwelling, provide a minimum of two covered off-street parking spaces. 5. Equinekeeping. Covenants, conditions and restrictions (CC&R s) for all lots shall include a notice to all buyers and future buyers that no habitable room may be built in a K District within 35 feet (75 feet from neighbors in a non K District) of the equine keeping structure (where horse or other equine is provided food and water). Further, that the provisions of Section 13.05, the K Equinekeeping District, regulates the keeping of horses both in and out of K Equinekeeping Districts and imposes certain requirements on the location of new structures. B. Other Conditions 6. Lighting. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties. 7. Odors (Equinekeeping Facilities). a. All horse training rings on the property shall be sprinkled at least two times per day. Sprinkling shall occur in the morning before the rings are in use and at one other time during the day to control airborne dust impacts on the neighborhood. b. On days in which wind speed exceed 15 m.p.h., the horse training rings shall be sprinkled at least four times per day. Sprinkling shall occur in the morning before the rings are in use and at three other times during the day at regular intervals in order to control airborne dust. c. The parking area shall be covered with either gravel and or crushed road base in order to control wind blown dust off of the parking area. Driveways on the property shall also be similarly covered. d. All pipe stables or barns shall have their sides which are exposed to prevailing winds enclosed with a wall a minimum of 36 inches in height as measured from the ground.
Case No. APCNV-2007-0329-ZC Q-2 8. Tree Removal (Oak Trees). Prior to the issuance of a grading permit, the applicant shall submit a tree report and landscape plan prepared by a Municipal Code-designated oak tree expert as designated by LAMC Ordinance No. 153,478, for approval by the City Planning Department and the Street Tree Division of the Bureau of Street Services. A minimum of two oak trees (a minimum of 48 inch box in size) 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 Street Tree Division of the Bureau of Street Services and the Advisory Agency. (Note: All oak tree removals shall be approved by the Board of Public Works on sites more than one acre in size. Contact the Street Tree Division at 213-485-5675). 9. Community Relations. A 24-hour Ahot-line@ phone number for the receipt of constructionrelated complaints from the community shall be provided to immediate neighbors and the local neighborhood association, if any. The applicant shall be required to respond within 24 hours of any complaint received on this hotline. 10. Posting of Construction Activities. The adjacent residents shall be given regular notification of major construction activities and their duration. A visible and readable sign (at a distance of 50 feet) shall be posted on the construction site identifying a telephone number for inquiring about the construction process and to register complaints. 11. Construction Parking. Off-street parking shall be provided for all construction-related employees generated by the proposed project. No employees or subcontractor shall be allowed to park on the surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of construction vehicles, including vehicles to transport workers on any residential street in the immediate area. All construction vehicles shall be stored on site unless returned to their owner s base of operations. 12. Truck Traffic Restricted Hours. Truck traffic directed to the project site for the purpose of delivering materials or construction-machinery shall be limited to the hours beginning at 9:00 AM and ending at 3:00 PM, Monday through Friday. No truck deliveries shall occur outside of that time period. No truck queuing related to such deliveries to the project site shall occur on any local or collector street within the project vicinity outside of that time period. C. Environmental Conditions 13. Aesthetics (Hillside Site Design) Grading shall be kept to a minimum. (MM) Natural features, such as prominent knolls or ridge lines, shall be preserved. (MM) The project shall comply with the City's Hillside Development Guidelines. (MM) 14. Aesthetics (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 decision maker. (MM) 15. Aesthetics (Light). Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties. (MM)
Case No. APCNV-2007-0329-ZC Q-3 16. 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. (MM) 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. (MM) Note: All oak tree removals shall be approved by the Board of Public Works. Contact: Street Tree Division at: 213-485-5675. (MM) Note: All protected tree removals shall be approved by the Board of Public Works. Contact: Urban Forestry Division at: 213-485-5675. (MM) Implement measure(s) detailed in Robert Hansen, Registered Consulting Arborist communication to the Planning Department dated November 11, 2006, and attached shall be complied with to not reduce City regulations. Such report and mitigation measure(s) are incorporated herein by reference. (MM) 17. 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. (MM) 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. (MM) 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. (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: 213-485-5675. (MM) 18. 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. (MM) 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
Case No. APCNV-2007-0329-ZC Q-4 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. (MM) 19. 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. (MM) 20. Erosion/Grading/Short-Term Construction Impacts 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. (MM) 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. (MM) All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust. (MM) All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust. (MM) 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. (MM) General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. (MM) NOISE 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. (MM) 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. (MM) Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. (MM) The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. (MM) The project shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment. (MM) GRADING Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading, excavations, and fills. All grading activities require grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within Hillside areas. The application of BMPs includes but is not limited to the following mitigation measures: (MM) 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 site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity. (MM) Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Department. These measures include
Case No. APCNV-2007-0329-ZC Q-5 interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned. (MM) Stockpiles and excavated soil shall be covered with secured tarps or plastic sheeting. (MM) GENERAL CONSTRUCTION Sediment carries with it other work-site pollutants such as pesticides, cleaning solvents, cement wash, asphalt, and car fluids that are toxic to sea life. (MM) 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. (MM) 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. (MM) Pavement shall not be hosed down at material spills. Dry cleanup methods shall be used whenever possible. (MM) Dumpsters shall be covered and maintained. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. (MM) Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets. (MM) 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. (MM) 21. Liquefaction The project shall comply with the Uniform Building Code Chapter 18. Division1 Section1804.5 Liquefaction Potential and Soil Strength Loss which requires the preparation of a geotechnical report. The geotechnical report shall assess potential consequences of any liquefaction and soil strength loss, estimation of settlement, lateral movement or reduction in foundation soil-bearing capacity, and discuss mitigation measures that may include building design consideration. (MM) Building design considerations shall include, but are not limited to: ground stabilization, selection of appropriate foundation type and depths, selection of appropriate structural systems to accommodate anticipated displacements or any combination of these measures. (MM) 22. Explosion/Release (Asbestos Containing Materials) Prior to the issuance of any 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. (MM) Prior to issuance of a any demolition permit, 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. (MM)
Case No. APCNV-2007-0329-ZC Q-6 23. Projects Located within or Directly Adjacent to or Discharging Directly to an Environmentally Sensitive Area Project applicants are required to implement stormwater BMPs to treat and infiltrate the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required. (MM) Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. (MM) Concentrate or cluster development on portions of a site while leaving the remaining land in a natural undisturbed condition. (MM) Limit clearing and grading of native vegetation at the project site to the minimum needed to build lots, allow access, and provide fire protection. (MM) Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants. (MM) Promote natural vegetation by using parking lot islands and other landscaped areas. Preserve riparian areas and wetlands. (MM) The owner(s) of the property will prepare and execute a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and or per manufacturer's instructions. (MM) 24. Severe Noise Levels (Railroad) All walls and windows in line of sight to the railroad track shall achieve a Sound Transmission Class (STC) of 50 as defined in UBC No. 35-1, 1979 edition. (MM) A concrete block wall 6-feet-high shall be constructed along the property lines of the railroad track. (MM) 25. Cumulative Impacts. There may be environmental impacts which are individually limited, but significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. However, these cumulative impacts will be mitigated to a level of insignificance by imposing the above mitigation measures. (MM) D. Administrative Conditions of Approval 26. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, reviews 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. 27. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are more restrictive.
Case No. APCNV-2007-0329-ZC Q-7 28. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in the (Q) conditions shall be recorded in the County Recorder s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Planning Department for approval before being recorded, after recordation, a copy bearing the Recorder number and date shall be provided to the Planning Department for attachment to the file. 29. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation. 30. 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. 31. Building Plans. Page No. 1 of the grant 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. 32. Corrective Conditions. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if, in the Commission s or Director s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 33. 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.
Case No. APCNV-2007-0329-ZC T-1 CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL Pursuant to Section 12.32 G of the Municipal Code, the (T) or [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. Dedication(s) and Improvement(s). Prior to the issuance of any building permits, public improvements and dedications for streets and other rights-of-way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional, and Federal government agencies as may be necessary). Responsibilities/Guarantees. 1. As part of early consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer. 2. Bureau of Engineering. Prior to the issuance of sign-offs for final site plan approval and/or project permits by the Department of City Planning, the applicant/developer shall provide written verification to the Department of City Planning from the responsible agency acknowledging the agency s consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to the project design required by a public agency shall be documented in writing and submitted for review by the Department of City Planning. a. Street Dedication and Improvements. 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. (MM) b. Street Lighting. No street lighting requirements. c. Sewers. That any necessary onsite and offsite public sanitary sewer easement be obtained and provided to serve this development. Construct the necessary onsite and offsite mainline and house connection sewers to serve the development. 3. Department of Transportation. Satisfactory arrangements shall be made with the Department of Transportation to assure: a. A minimum of 20-foot reservoir space be provided between any security gate(s) and the property line.
Case No. APCNV-2007-0329-ZC T-2 4. Fire. The following recommendations of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: 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. (MM) 5. Recreation Fees. Per Section 17.12-A of the LA Municipal Code, the applicant shall pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings. (MM) 6. 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. (MM) 7. Parking/Driveway Plan. That two copies of a parking area and driveway plan be submitted to the Valley District Office of the Bureau of Engineering for review and approval or that a Covenant and Agreement be recorded agreeing to do the same prior to the issuance of a building permit. That the owners of the property record an agreement satisfactory to the City Engineer that they will provide name signs for the common access driveways. 8. Cable Television. The applicant shall make necessary arrangements with the appropriate cable television franchise holder to assure that cable television facilities will be installed in City rights-of-way in the same manner as is required of other facilities, pursuant to Municipal Code Section 17.05.N, to the satisfaction of the Department of Telecommunications. Written evidence of such arrangements must be submitted to the Information Technology Agency, 200 N. Main Street, 12 th Floor, Los Angeles, CA 90012, (213) 922.8363. Notice: If conditions dictate, connections to the public sewer system may be postponed until adequate capacity is available. Notice: 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.
Case No. APCNV-2007-0329-ZC F-1 FINDINGS General Plan/Charter Findings 1. General Plan Land Use Designation. The City of Los Angeles s General Plan Land Use Element is divided into 37 Community Plan areas. The subject property is located within the area covered by the Chatsworth-Porter Ranch Community Plan area, which was adopted by the City Council on September 4, 1993. The adopted Chatsworth-Porter Ranch Community Plan designates the subject property for Very Low I Residential land use with the corresponding zones of RE20 and RA. The property contains approximately 1.38 net acres (76,259 net square feet) and is presently zoned A2-1. The currently zoning allow for the development of single-family dwellings, however in order to achieve the desired density of three lots, the Zone Change to RA is requested. The site is not subject to the Specific Plan for the Management of Flood Hazards (floodways, floodplains, mud prone areas, coastal high-hazard and flood-related erosion hazard areas); in that, it is located within Flood Zone C which is an area of minimal flooding. Likewise, this site is not located within any geographic specific boundaries nor any economic development areas. Therefore, as conditioned, the proposed parcel map is consistent with the intent and purpose of the applicable General and Specific Plans. The proposed subdivision of three lots is allowable under the land use designation and contingent upon the zone change approval recommended herewith and the adjustment for required lot width of the flag lot. The requested zone change is consistent with the land use designation of the Community Plan and Municipal Code Section 12.32-C. Objective 3.5 of the Citywide General Plan Framework Element is to ensure that the character and scale of stable single-family residential neighborhoods is maintained, allowing for infill development provided that it is compatible with and maintains the scale and character of existing development. The Framework Element states there should be two dwelling units per net acre for the Very Low I Residential Land Use (Policy 3.5.1, Table 3-2). The zone change conforms to these policies as it will develop two additional single-family dwelling units and expands the proposed Equinekeeping District by including these three lots. Therefore, as conditioned, the proposed zone change is consistent with the intent and purpose of the General Plan Land Use Designation. 2. General Plan Text. The Chatsworth-Porter Ranch Community Plan states that development shall provide a standard of land use intensity and population density, which are compatible with street capacity, public service facilities and utilities, and topography and in coordination with development in the remainder of the City. (Objective No. 3b) Being that the project is located adjacent to equestrian trails and is located in a proposed K District, it was approved for a K designation under this action. Likewise, the condition for equinekeeping order and preservation of any wildlife corridors are included to lesson potential impacts for neighboring residents and community wildlife. Furthermore, the development conforms to the all other Los Angeles Municipal Code requirement for the proposed RE20 Zone including height, parking, and lot area in accordance LAMC Sections 12.07.01 and 13.05-C, expect granted herewith (adjustment for lot width on Parcel C ). The proposed zone change will allow the development of single-family residential dwelling in the Community Plan on underutilized parcels designated for higher density housing uses than what the current A2-1 Zone provides. The project has been required to construct the necessary onsite and offsite mainline and house connection sewers to serve the development to the satisfaction of the City Engineer. Likewise, this development has
Case No. APCNV-2007-0329-ZC F-2 been conditions by the fire department and other public agencies to conform to necessary safety issues. The residential lots will be sold allowing the opportunity for land ownership and future housing development which adds to the greater stability in the neighborhood. As conditioned, the design and improvements of the proposed project are consistent with the General Plan. 3. The Transportation Element of the General Plan may be affected by the recommended action herein. Farralone Avenue is part public and private while Tulsa Street is a Private Street and the Bureau of Engineering could require dedications and improvements to serve this development and that the private street easement area under the ownership of the applicant be part of the adjoining parcels to the satisfaction of the City Engineer. Also, conditioned satisfactory to the City Engineer, the owners shall record an agreement stating that they will grant the necessary easements for ingress, egress and public facilities over the private street areas upon the sale of the respective lots and they will maintain the private streets, free and clear of obstructions and in a safe condition for vehicular use at all times. Improvements could include suitable surfacing to provide a partial roadway for portion of the project adjacent to Farralone Avenue and Tulsa Street. Also, BOE could require that the applicant grade the private street within the tract and provide any necessary transitions to join the existing improvements all satisfactory to the City Engineer. These improvements will assure compliance with this Element of the General Plan and with the City s street improvement standards pursuant to Municipal Code Section 17.05. As conditioned, the proposed project will provide a minimum of six covered parking spaces in conformance with the LAMC and the Deputy Advisory Agency s parking policy for single-family projects. Therefore, as stipulated, the improvements of the proposed project are consistent with the applicable General and Specific Plans. 4. The Sewerage Facilities Element of the General Plan may be affected by the recommended action. However, requirements for construction of sewer facilities to serve the subject project and complete the City sewer system for the health and safety of City inhabitants will assure compliance with the goals of this General Plan Element. There is an existing sewer available in the sanitary sewer easement in Tulsa Street, about 95 feet west of the subject site. The construction of mainline and house connection sewers within suitable easement is required to serve Parcels A, B and C. 5. Street Lights. There is no street lighting requirement for the private street. Entitlement Findings 6. Zone Change Findings. a. Pursuant to Section 12.32.C of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. The adopted Chatsworth-Porter Ranch Community Plan designates the subject property for Very Low I Residential land use with the corresponding zones of RE20 and RA. Chatsworth-Porter Ranch includes large areas of open space and natural land forms. The RA and RE20 Zones are encouraged to emulate the existing rural landscape, whether horse keeping is present or not. However, it is the policy of the Plan (see Objectives No. 14) to place a higher priority on the preservation of horse keeping areas than on other uses found in the RA and RE20 Zones category. Several equestrian keeping areas, especially north of Devonshire Street and west of De Soto Avenue to the City/County line, are designated in the Chatsworth-Porter Ranch Equestrian Areas to the Community Plan. This site is one of the remaining
Case No. APCNV-2007-0329-ZC F-3 unimproved properties in these areas identified as desirable for horse keeping uses and establishment of K Districts. The project has several conditions of approval that address the policy of the Community Plan to preserve the horse keeping lifestyle within this neighborhood. The site consists of one rectangular lot having 330-foot frontage and a depth of approximately 239 feet. Surrounding uses include a subdivision of land to the south in the (T)RA-1 Zone, to the east in the A2-1 and (T)RE11 Zones are single-family residential uses, and to the north and west are single-family homes which include equine keeping uses in the A2-1 Zone. The requested zone change to (T)(Q)RE20-1-K is consistent with the designated land use category and compatible with surrounding properties also designated for this land use. The site is currently undeveloped. It is one of a decreasing number of under-improved properties in the vicinity still zoned A2-1. The development of this site is an infill of the otherwise single-family neighborhood. The site is relatively level and is not located in a slope stability study area, high erosion hazard area, or a faultrupture study zone. Furthermore, the proposed project will comply with all LAMC requirements for parking, yards, and open space. Therefore, as conditioned, the proposed zone change found consistent with public necessity, convenience, general welfare and good zoning practice. b. The action, as recommended, has been made contingent upon compliance with the T and Q conditions of approval 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. CEQA Findings 8. Environmental. A Mitigated Negative Declaration (ENV-2007-311-MND) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency s independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. Furthermore, the staff finds that modifications to and corrections of specific mitigation measures have been required in order to assure appropriate and adequate mitigation of potential environmental impacts of the proposed use of this subdivision. Specifically, the following mitigation measures were deleted since each condition generally applies to multiple-family structures: The applicant shall install air filters capable of achieving a Minimum Efficiency Rating Value (MERV) of at least 8 or better in order to reduce the effects of diminished air quality on the occupants of the project. (IIId1.)
Case No. APCNV-2007-0329-ZC-ZAA P-1 PUBLIC HEARING AND COMMUNICATIONS Hearing A public hearing on this matter was held at the Marvin Braude San Fernando Valley Constituent Service Center on Monday, January 14, 2008. 1. Present: The applicant (Elias Esber), the applicant s representative (Dominic Hong). One individual spoke from the public. 2. Initial Indication and Testimony: The applicant requested that the zone change request be modified to (T)RA-1-K to include the Equinekeeping Overlay. The applicants went on to state that the subdivision action will continue after a determination is made on the zone change. The public speaker expressed concerns about the compatibility of residential uses and Equinekeeping uses. She stated that she supported the project as modified by the applicant adding the overlay. Communications Received A letter dated January 4, 2008 was received from a neighboring resident on Farralone Avenue opposing the zone changes because of the increasing numbers of dwellings in the area and the associated traffic. The letter went on to outline violations in the operations of surrounding Equinekeeping facilities, not on the subject site, and the inability of Building and Safety to enforce existing conditions.