DEPARTMENT OF CITY PLANNING

EXECUTIVE OFFICES200 N. Spring Street, Room 525

Los Angeles, CA 90012-4801City of Los Angeles

CALIFORNIACITY PLANNING COMMISSION

VINCENT P. BERTONI, AICP DIRECTOR

(213) 978-1271

KEVIN J. KELLER, AICP DEPUTY DIRECTOR

(213) 978-1272

DAVID H.i. AMBROZ PRESIDENT 3*

hRENEE DAKE WILSON VICE-PRESIDENT

CAROLINE CHOE RICHARD KATZ JOHN W. MACK

SAMANTHA MILLMAN VERONICA PADILLA-CAMPOS

DANA M. PERLMAN VACANT

/USA M. WEBBER, AICP

DEPUTY DIRECTOR

(213) 978-1274ERIC GARCETTIMAYOR JAN ZATORSKI

DEPUTY DIRECTOR

(213) 978-1273ROCKY WILES

COMMISSION OFFICE MANAGER

(213) 978-1300

http://planning.lacity.org

March 1, 2017

Honorable City Council City of Los Angeles Room 395, City Hall

Council File No. 94-2018 Council District No. 4 Van Nuys-North Sherman Oaks Community Plan

Case No. CPC 2016-778-VZC

CORRECTED ZONE CHANGE MAP: CF 94-2018

Dear Honorable Members:

The subject request corrects Ordinance No. 184,705 which was inadvertently adopted with an incorrect Zone Change Map. The subject Corrected Zone Change Map corrects an error made in preparing these documents. No other changes are proposed as part of this correction.

On behalf of the Commission, I approve the subject correction ordinance and recommend republication of the Ordinance and transmittal of the Corrected Zone Change Map to the subject Council File, in accordance with the actions of the City Council.

Pursuant to Council Rule No. 38, transmitted herewith is the Correction Ordinance and Zone Change Map, recommended for adoption by your Honorable Body.

Sincerely,

Vincent P. Bertoni, AICPDirected of Planning

%NICHOLAS HENDRICKS Senior City Planner

Attachments:Correction Ordinance - CPC-2016-778-VZC Corrected Zone Change Map

VPB:NH:HB

ORDINANCE NO.

An ordinance amending Section 12.04 of the Los Angeles Municipal Code by amending the zoning map.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. Section 12.04 of the Los Angles Municipal Code is hereby amended by changing the zone classifications of properties shown upon a portion of the Zoning Map incorporated therein and made a part of Article 2, Chapter 1 of the LAMC, so that such portion of the Zoning Map shall conform to the zoning on the map attached hereto and incorporated herein by this reference.

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C-1Case No. CPC-2016-778-VZC

(Q) QUALIFIED CONDITIONS

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 and supersede those conditions contained in Ordinance 170,151:

Signage. No illuminated flashing, or animated signs shall be visible from adjacent residential neighborhoods. No off-site commercial signs shall be permitted at the subject shopping mall.

1.

Totai Floor Area. The total floor area (as defined in Section 12.21,1A of the Los Angeles Municipal Code) of all the main buildings on the applicant’s C-zoned mall area ownership as described in City Plan Case No. 94-0287 ZC on file in the City Planning Department shall not exceed 1.5 times the buildable area of such ownership. No more than 148,933 square feet of gross leasable area shall be added to such ownership. The floor area of all structures on the total ownership, exclusive parking, shall not exceed a total gross leasable area of 975,000 square feet.

2.

Future Improvements. Any future buildings or facilities, such as additional retail floor area, a movie theater, or other leasable floor area not originally granted under Case No. 94-0287- ZC shall receive the necessary approvals from the Department of City Planning as indicated in the Los Angeles Municipal Code.

3.

Publicly Available Space. At least 60,000 square feet of the gross square footage of the Mall area shall be utilized as non-leasable public area. A community room of approximately 900 square feet, including a kitchenette, shall be provided for use by community groups. Provision for partition of the room into two separate meeting areas shall be made. Notice of the availability of this room shall he posted at the mall management offices, and annually sent to all recognized community groups in the Sherman Oaks area.

4.

Height. Except for the four-level parking structure, the pedestrian bridges to the parking structure, the existing three-story stores and the enclosure of the mall, a two-level height limitation shall be maintained in the C2, PB, and P Zones within the applicant’s mall area ownership. In no event shall any structure exceed 62 feet in height within the mall area.

5.

Parking. The applicant shall provide a parking ratio of 4.5 parking spaces per 1,000 square feet of gross leasable area for the subject property.

6.

a. The applicant shall provide direct vehicle ramp access to the third level of the parking structure.

b. Parking shall be at no cost to customers and employees provided, however, that a validation system may be utilized.

Employee Parking. Employee parking shall be provided on-site. Employees shall not park on adjacent residential streets during the hours they are working at the subject facility.

7.

Lighting. All lights emanating from second- and third-story windows and the parking structure shall be shielded from the view of residential properties.

8.

Noise. Noise from air conditioning units shall be buffered from residential properties to the north.

9.

Case No. CPC-2016-778-VZC C-2

Deliveries. All deliveries and loading/unloading and trash collection shall be limited to the hours 8:00 a.m. to 8:00 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m., Saturday and Sunday.

10.

11. Roof Structures. All structures, such as air conditioning and heating units, elevator and stairwell shafts shall be fully screened from residential areas. The equipment and screening shall include noise attenuation features and shall be located away from residential neighborhoods, as feasible.

Riverside Drive Frontage. Prior to the issuance of building permits for the mall expansion approved by Case No. 1994-287-ZC, the applicant shall improve the Riverside Drive frontage of the mall in conformance with the landscaping/renovation plan on the file, Exhibit E-6, or alternative landscaping exhibit approved by the Department of City Planning. The plan shall include, but not be limited to: the planting of 37 new trees and 125 shrubs along the south side of Riverside Drive; screen walls shall be raised so that trash bins are concealed; chain link fences and gates shall be replaced with wrought iron fencing and gates to screen loading docks and trash areas; transformer and other equipment will be screened by wrought iron fencing and landscaped; and damaged stucco will be repaired and the frontage will be repainted.

12.

Prior to the issuance of any building permits for the mall expansion approved by Case No. 1994-287-ZC, the applicant shall submit detailed plans in substantial conformance with Exhibit E-6, or alternative landscaping exhibit approved by the Department of City Planning, for the loading dock and trash collection areas for any new retail stores, with truck access to the loading dock area and trash collection enclosures for any new department store not be taken from Riverside Drive, and plans for the inclusion and implementation of the applicant’s landscaping/renovation on Riverside Drive, including a landscape plan with a timetable for achieving screening of the Riverside Drive frontage with mature plants in conformance with Exhibit E-6, to the Planning Department for review and approval consistent with Section 2.5 a-d of the Planning Commission’s adopted Site Plan Review Guidelines, addressing on-site circulation and access including driveway location, loading docks, trash collection areas, and sanitation and delivery vehicles.

13.

The Department of Transportation may identify and require future traffic-related improvements as recommended by a prepared traffic study, related to any mall expansions within Case No. 1997-287-ZC. A bond, or other instrument, shall be posted in the amount of $50,000 prior to the issuance of a certificate of occupancy. (A “B” permit or other permit may be required by the Bureau of Engineering and/or the Department of Transportation). The Department of Transportation may impose such conditions during and up to a period of not to exceed three years.

14.

C-3Case No. CPC-2016-778-VZC

CONDITIONS OF APPROVAL

Approval of this subject development project is made with the following Terms and Conditions imposed, in order to ensure compliance with allocable requirements of Los Angeles Municipal Code Sections 12.32-G and the following conditions are hereby imposed upon the use of the subject property.

Administrative Conditions of Approval

15. 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 Department of City Planning for placement in the subject file.

Code Compliance. All area, height and use regulations of the zone classification of the subject property shall be complied with, except wherein these conditions explicitly allow otherwise.

16.

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 Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder’s number and date shall be provided to the Department of City Planning for attachment to the file.

17.

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.

18.

Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency’s successor and in accordance with any stated laws or regulations, or any amendments thereto.

19.

20. Building Plans. Page 1 of the grants and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety.

Expedited Processing Section. Prior to the clearance of any conditions, the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section.

21.

22. Indemnification and Reimbursement of Litigation Costs.

Applicant shall do all of the following:

a. Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of the City’s processing and approval of this entitlement, including but not limited to. an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim personal property damage, including from inverse condemnation or any other constitutional claim.

Case No. CPC-2016-778-VZC C-4

Reimburse the City for any and all costs incurred in defense of an action related to or arising out of the City’s processing and approval of the entitlement, including but not limited to payment of all court costs and attorney’s fees, costs of any judgments or awards against the City (including an award of attorney’s fees), damages, and/or settlement costs.

b.

Submit an initial deposit for the City’s litigation costs to the City within 10 days’ notice of the City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be in an amount set by the City Attorney’s Office, in its sole discretion, based on the nature and scope of action, but in no event shall the initial deposit be less than $25,000. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b).

c.

Submit supplemental deposits upon notice by the City. Supplemental deposits may be required in an increased amount from the initial deposit if found necessary by the City to protect the City’s interests. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b).

d.

If the City determines it necessary to protect the City’s interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition.

e.

The City shall notify the applicant within a reasonable period of time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City.

The City shall have the sole right to choose its counsel, including the City Attorney’s office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation.

For purposes of this condition, the following definitions apply:

“City” shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers.

“Action” shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein, alleging failure to comply with any federal, state or local law.

Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition.

Sec.___. The City Clerk shall certify to the passage of this ordinance andhave it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board at the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of_________________________________.

HOLLY L WOLCOTT, City Clerk

ByDeputy

Approved

Mayor

Pursuant to Sec. 559 of the City Charter, I approve this ordinance on behalf of the City Planning Commission and recommend that it be adopted....

March 1, 2017 See attached report

File No. CF-94-2018CPC-2016-778-VZC Vincent P Bertoni

Director of Planning