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DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT

City Planning Commission

Date: November 13, 2008

Time: After 8:30 AM

Place: City Hall 200 N. Spring Street, Room 1010 Los Angeles, CA 90012

Public Hearing: Required

Appeal Status: Zone Change is appealable by applicant to City Council if disapproved in whole or in part. Zoning Administrator’s Adjustments and Site Plan Review appealable to City Council. (per L.A.M.C. Section 12.36 C).

Expiration Date: Extended to November 13, 2008

Case No.: CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR

CEQA No.: ENV-2007-5038-MND

Incidental Cases: TT-69909

Related Cases: None

Council No.: 13

Plan Area: Westlake

Specific Plan: None

Certified NC: Greater Echo Park Elysian

GPLU: Highway Oriented Commercial, Low Medium Residential

Zone: P-1, C2-1, and RD1.5-1

Applicant: Temp West Development,

LLC Representative: James Santa Maria

PROJECT LOCATION:

1900-1924 West Temple Street; 315-333 North Bonnie Brae Street; 312-330 North Westlake Avenue

PROPOSED PROJECT:

The removal of three industrial/warehouse structures and the construction of four buildings comprised of a total of 248 residential units, including 46 affordable housing units, 21,236 net retail square feet, and 618 parking spaces within two lots. Lot 1 will consist of three buildings comprised of the following: 1) Building A, which will be a 9-story, 126-foot tall mixed use building with 88 residential units and 18,487 net retail square feet of retail; 2) Building B, which will be a 100-foot 8-inch tall residential building with 60 residential units; 3) Building C, which will be a 88-foot 8-inch tall residential building with 54 residential units; Lot 2 will be comprised of a 57-foot tall, 46-unit affordable housing apartment building (Building D).

REQUEST: 1. Pursuant to Los Angeles Municipal Code (LAMC) Section 12.32.F, a Zone Change from C2-1 and

P-1 to (T)(Q)RAS4-1 for Lot 1; 2. Pursuant to LAMC Section 14.00.B, approval of Alternative Compliance Measures for a Public

Benefit project to permit a density increase in excess of 25 percent, or 28 units in excess of the 18 units allowed by-right for a 100 percent affordable housing project located on Lot 2 in the RD1.5-1 zone with the following alternatives from Section14.00.A.2: a) to permit a building height of up to 96 feet, which would exceed the building height of adjoining properties and b) to waive the requirement to provide a solid decorative masonry wall or wrought iron wall or fence at least six feet in height.

3. Pursuant to Los Angeles Municipal Code (LAMC) Section 12.27, a zone variance from LAMC Section 12.21.1 on Lot 1 to permit an increase in the maximum floor area ratio allowed in the proposed (T)(Q)RAS4-1 Zone from three times (3:1) the buildable area to four times (4:1) the buildable area.

4. Pursuant to LAMC Section 12.27, a zone variance to permit an increase in density from 179 units to 202 units located on Lot 1 in the proposed (T)(Q)RAS4-1 zone;

5. Pursuant to LAMC Section 16.05, a Site Plan Review for a project consisting of more than 50 dwelling units.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR

RECOMMENDATION:

1. Approve and Recommend that the City Council Adopt a Zone Change from C2-1 and P-1 to (T)(Q)RAS4-1 for Lot 1, subject to attached Conditions of Approval.

2. Approve an Alternative Compliance Measures for a Public Benefit project to permit a density increase in excess of 25 percent, or 28 units in excess of the 18 units allowed by-right for a 100 percent affordable housing project located on Lot 2 in the RD1.5-1 zone with the following alternatives from Section 14.00.A.2: a) to permit a building height of 96 feet, which would exceed the building height of adjoining properties, and b) to waive the requirement to provide a solid decorative masonry or wrought iron wall or fence at least six feet in height or the maximum height permitted by the zone.

3. Approve a zone variance per LAMC Section 12.27 on Lot 1 to permit an increase in the maximum floor area ratio allowed in the proposed (T)(Q)RAS4-1 Zone from three times (3:1) the buildable area to four times (4:1) the buildable area.

4. Approve a zone variance per L.A.M.C. Section 12.27 to permit an increase in density from 179 units to 202 units located on Lot 1 in the proposed (T)(Q)RAS4-1 zone.

5. Approve the Site Plan Review, and adopt the Findings. 6. Recommend that the applicant be advised that time limits for effectuation of a zone in the “T”

Tentative classification or “Q” Qualified 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.

7. Adopt Mitigated Negative Declaration, ENV-2007-5038-MND 8. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game

Fee and/or Certificate of Fee Exemption may be 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 ____________________________________ Michael LoGrande, Chief Zoning Administrator Henry Chu, Hearing Officer (213) 473-9919 _ Theodore Irving, City Planner Attachments

Project Analysis Conditions Findings Public Hearing and Communications Exhibits (incl. Environmental Clearance) 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 272, 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 Commissioners 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 its 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-2007-5307-ZC-PUB-ZV-ZAA-SPR

TABLE OF CONTENTS

Project Analysis ....................................................................................................................A-1

Project Summary Background Reports Received Walkability Issues Conclusion (T) Tentative Classification Conditions ...............................................................................T-1 (Q) Qualified Conditions of Approval.................................................................................. Q-1 Other Conditions of Approval ..............................................................................................C-1 Findings .................................................................................................................................F-1

General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications ..................................................................................P-1 Exhibits:

Maps.................................................................................................................................E-1

– Vicinity Map – Radius Map – Proposed Zone Change Plans.................................................................................................................................E-2

– Site Plan – Floor Plan – Elevation Plan – Landscape Plan Environmental Clearance................................................................................................E-3 – ENV-2007-5038-MND – Traffic Study – Reconsideration Reports Received ............................................................................................................E-4 Communication to City Planning Commission .............................................................E-5

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR A-1

PROJECT ANALYSIS Project Summary The project proposes to remove three industrial/warehouse structures totaling 50,000 square feet to construct a total of four buildings joined at the parking levels for 248 residential units, including 46 affordable apartment units, 21,236 retail square feet, and 618 parking spaces on two lots totaling 2.35 net acres. Lot 1 totals 202 market rate condominiums and 21,236 square feet of retail. Lot 2 totals 46 affordable apartment units set aside low income households set aside for 55 years. Three buildings will be developed on Lot 1, proposed for the (T)(Q)RAS4-1 zone, and will be comprised of the following:

1) Building A, which will be a 9-story, 126-foot tall mixed use building with 88 residential units and 21,236 square feet of commercial uses. Commercial uses will include neighborhood-serving retail. The gross floor area of the building will be 144,536 square feet. The building will consist of 16 one-bedroom units, 56 two-bedroom units, and 16 three-bedroom units. The average size of each unit will be 810 square feet for the one-bedroom units, 1,200 square feet for the two-bedroom units, and 1,350 square feet for the three-bedroom units. The building will front Temple Street and extend from Westlake Avenue to Bonnie Brae Street.

2) Building B, which will be a 100-foot 8-inch tall residential building with 60 residential

condominium units. The gross floor area of the building will be 83,160 square feet. The building will consist of 13 one-bedroom units, 35 two-bedroom units, and 12 three-bedroom units. The average size of each unit will be 810 square feet for the one-bedroom units, 1,200 square feet for the two-bedroom units, and 1,350 square feet for the three-bedroom units. The building will front on Bonnie Brae Street.

3) Building C, which will be an 88-foot 8-inch tall residential building with 54 residential

units. The gross floor area of the building will be 69,564 square feet. The building will consist of 19 one-bedroom units, 23 two-bedroom units, and 12 three-bedroom units. The average size of each unit will be 810 square feet for the one-bedroom units, 1,200 square feet for the two-bedroom units, and 1,350 square feet for the three-bedroom units. The building will be lined along Westlake Avenue.

One building will be developed on Lot 2 in the RD1.5-1 zone.

4) Building D will be comprised of a 57-foot tall, 46-unit affordable housing apartment building. The 100 percent affordable unit building would be for occupancy by low income households. The building will consist of nine one-bedroom units, 34 two-bedroom units, and three three-bedroom units. The average size of each unit will be 700 square feet for the one-bedroom unit, 900 square feet for the two-bedroom unit, and 1,120 square feet for the three-bedroom unit. The building will front on Court Street. A density bonus in excess of 25 percent, grants the applicant an additional 28 units in excess of the 18 otherwise permitted by the RD1.5-1 Zone. These units will be restricted as affordable rental dwelling units, pursuant to California Government Code Section 65915 and Los Angeles Municipal Code Section 12.22-A.25.


Amenities for the project will include a pool, a spa, fire pits, water feature, two playgrounds, open landscaped areas along the south portion of the site and in the courtyard, abundant landscaping along walkways, community rooms in Buildings B and D, and a roof garden on Buildings A, B, and C. The project will provide a total of 618 parking spaces beneath the residential uses at subterranean level garages; of this total, 547 spaces will be set aside for the three condominium buildings (Buildings A, B and C) on Lot 1. Parking will be provided at 2.25 spaces for each residential unit or 455 parking spaces. This will comply with the Advisory Agency’s Parking Policy for projects located within a non-congested area. The project will set aside 92 parking spaces for the retail portion of the project. This will comply with LAMC Section 12.21-A.4(c)(5). The remaining 71 spaces will be located on Lot 2 for Building D. This will be in conformance with LAMC Section 12.22,A-25(d)(2). Vehicular access onto the site would be from Westlake Avenue, Bonnie Brae Street and Court Street. Temp West Development, LLC and two community-based organizations, The Little Tokyo Service Center and The Search to Involve Pilipino Americans (SIPA), will partner together to develop the project. Background The project site is a 2.35 net-acre site and comprised of two sloping parcels. The difference between the lowest and highest grade elevations around the perimeter of the building exceeds 20 vertical feet and factors in determining the height of buildings1. The site is bounded by Temple Street to the north, Bonnie Brae Street to the east, Westlake Avenue to the west, and Court Street to the south. It encompasses almost the entire block but excludes a small 2,398 square foot portion developed with a residential duplex structure located at the northeast corner of Westlake Avenue and Court Street. The project site is located within the Westlake Community Plan, which is currently in the process of being updated. Lot 1 is bounded by Temple Street to the north, Bonnie Brae Street to the east, Westlake Avenue to the west, and a portion of Lot 2 to the south, and totals 1.65 net acres (71,940 net square feet). The site has mixed zoning of C2-1 and P-1, and has a Highway Oriented Commercial land use designation with corresponding zones of C1, C2, CR, and P. The site is currently improved with vacant structures previously utilized for industrial and warehouse use and surface parking. The Westlake Community Plan is in the process of being updated. The Community Planning Bureau has stated it envisions the project site (Lot 1) to have a mix of uses that provides housing and jobs. A proposed land use designation has not been determined at this time. Lot 2 is located at the southern portion of the project site, and totals 0.65 net acres. Lot 2 is bounded by a Lot 1 to the north, Bonnie Brae Street to the east, Westlake Avenue to the west, and Court Street to the south, and total 0.64 net acres (27,850 net square feet). The site is zoned RD1.5-1, and has a Low Medium Residential land use designation with corresponding zones of RD1.5, RD2, RD3, RD4, RD5, RU, RZ2.5, RZ3, RZ4, and RZ5. The site is currently improved with a vacant industrial and warehouse structure.

1 City of Los Angeles Department of Building and Safety Information/Public Zoning Code, Reference No. Zoning Code 12.03, Document No. P/ZC 2002-008.


Adjacent land uses consist of the following: the Luzon Plaza, which is comprised of offices and retail stores to the north across Temple Street in the C2-1VL zone; multi-family dwellings and a church to the east across Bonnie Brae Street in the C2-1 and RD1.5-1 zones; multi-family residences and an office to the west across Westlake Avenue in the C2-1 and R4-1 zones; and single-family residences and a church to the south across Court Street in the RD1.5-1 zone. Temple Street is a Secondary Highway dedicated to an 83-foot width at the project’s northern street frontage. Bonnie Brae Street is a Collector Street dedicated to a 60-foot width at the project’s eastern portion of the project site. Court Street is a Local Street dedicated to 60-foot width at the project’s southern portion of the project site. Westlake Avenue is also a Local Street dedicated to a variable 60- and 62-foot width at the project’s western portion of the project site. On-site relevant cases include the following:

TT-69909-CN: A request for Tentative Tract Map No. 69909 to permit a two-lot subdivision on a 2.36 net acre site in the C2-1, P-1 and RD1.5-1 zones for the construction of 202 residential condominiums, 46 affordable apartment units, and one commercial condominium comprised of 21,236 square feet of retail with 616 parking spaces. Lot 1 will consist of 202 residential condominiums with one commercial condominium comprised of 21,236 square feet of retail floor area and a total of 547 parking spaces (454 residential, 93 commercial). Lot 2 will consist of a 46-unit affordable apartment building for low income households with 71 parking spaces. A haul route approval was also requested for the export of 100,890 cubic yards of earth material. The Deputy Advisory Agency approved this request on August 5, 2008.

Reports Received Reports from other governmental agencies are attached to the subject file. Reports from the Department of Transportation, Fire Department, Bureau of Engineering and Department of Building and Safety, Grading Division and Zoning Division, Los Angeles Unified School District, and the Bureau of Street Lighting are attached as exhibits of the Hearing Officer’s recommendation report. (See Exhibit E-4) Walkability Walkability along Temple Street will include ground-level retail stores along Temple Street. These retail stores will partially wrap around onto Bonnie Brae Street and Westlake Avenue, and will be differentiated from the residential uses above. Retail stores will be located within Building A, which will be designed to include large storefront and display windows to allow views into and out of the interior use. Entrances will be located at street level, and will be differentiated from the residential uses above. Pedestrian entrances will be located from Temple Street and from the parking structure. There will be no vehicle entry from Temple Street. This will ensure smooth pedestrian circulation and safety. The sidewalk along Temple Street will be 12 feet wide to encourage pedestrian activity.


Walkability along Bonnie Brae Street will include variations in the façade along with windows and balconies that face Bonnie Brae Street. There will not be long stretches of solid continuous walls, and the floors above the first floor will be differentiated from each other. The first level will include a parking garage and a drop off area. Building B will include three vehicular entrances located along Bonnie Brae Street. The project will incorporate trees above ground-level parking and allow pedestrian circulation between Buildings B and D to reduce the perception of a long continuous block on Bonnie Brae Street. The sidewalk along the Bonnie Brae Street will be 12 feet wide to encourage pedestrian activity. Similar to walkability along Bonnie Brae Street, walkability along Westlake Avenue will include variations in the façade along with windows and balconies that face Westlake Avenue. Trees will be planted above ground-level. Pedestrian access onto the site will exist between Buildings C and D. The sidewalk along Westlake Avenue will be 12 feet wide. Walkability along Court Street will include frontage facing Court Street. The ground level along the east portion of the will be utilized for parking. The project does not include long stretches of a non-continuous wall. The building façade along the front will be varied. The front will include landscaped open areas that provide a buffer from the Court Street. The main entrance path will include pebble tile paving to towards the main entrance from Court Street. The sidewalk along Court Street will be 12 feet wide to encourage pedestrian activity. Within the development, residents will be able to access a courtyard and front entrances for Buildings B and C. The development will include a 20- to 28-foot walk path that runs through the site in the east to west direction. This path will allow for pedestrian access onto the site from Bonnie Brae Street and Westlake Avenue. From the walk path, residents will be able to access a courtyard and lobby entrances to Buildings A, B, and C. This path along with the courtyard area will be landscaped and have adequate lighting for security. Building A will be accessible from the retail lobby on Temple Street, south side of Building A, and from the parking structure. These entrances will be separated from the retail entry on Temple Street. Residents will also be able to enter through small staircases located on the northwest and northeast corners of Building A. Residents will be able to enter Building B through an entry facing Bonnie Brae Street, and from the courtyard located at the internal portions of the site. Residents will be able to enter Building C through an entry on from the courtyard. Building D will have a front entry facing Court Street. Issues The project includes a request for a zone variance to allow an increase in the maximum floor area ratio from 3:1 to 4:1. It was discovered that a zone variance was required as staff noticed the square footage numbers on the submitted plans were misstated. The applicant filed for this entitlement in October 8, 2008 at the public counter. A public hearing notice for this entitlement was prepared so that public testimony for the subject entitlement could be taken on November 13, 2008 at the City Planning Commission meeting. Public testimony for the other requested entitlements were taken on the July 23, 2008 at the hearing officer hearing. The Department of City Planning also reconsidered the prepared Mitigated Negative Declaration (ENV-2007-5038-MND(REC)) on October 15, 2008. At the time of original submittal, a Zoning Administrator’s Adjustment was filed to increase the allowable density from 179 dwelling units to 202 dwelling units. LAMC Section 12.28-A states a Zoning Administrator’s Adjustment shall not be permitted for relief from density. Thus, the request was changed to a zone variance as part of LAMC Section 12.28.


The Westlake Community Plan is in the process of being updated by the Community Planning Bureau. Several areas within the Community Plan area are being considered for new land use designations. The Community Planning Bureau has identified Temple Street as an opportunity for the Community Plan Update since several bus lines run through it. The Community Planning Bureau envisions walkable mixed use developments along Temple Street. Though the Westlake Community Plan is currently being updated and the land use designation has not been determined, the project would be ideal with what is envisioned for the Plan. A neighbor raised concerns of safety within the neighborhood and the suitability of the project in relation to the neighborhood. The neighbor stated the area has high criminal activity and graffiti. She also mentioned congestion on Temple Street along with the area’s high frequency of traffic accidents. Staff Response Revised architectural plans were submitted on August 14, 2008. These plans revealed the project exceeding the allowable 3:1 floor area ratio within the proposed RAS4 zoning (Lot 1). The applicant was notified of this issue. This led to the filing of a zone variance for floor area ratio. A new set of plans were submitted on October 9, 2008. Staff prepared a hearing notice to meet the legal requirements of noticing the public of this request. Furthermore, a reconsideration for ENV-2007-5038-MND was prepared on October 14, 2008. All legal requirements have been met, and public testimony will be taken by the City Planning Commission. The reconsideration to environmental clearance ENV-2007-5038-MND was appropriate and processed since the impacts of this variance were evaluated in the mitigated negative declaration. In other words, the impacts were within the scope of those impacts assessed in ENV-2007-5038-MND. It was determined that these impacts could be mitigated to a less than significant level to meet the requirements of the California Environmental Quality Act. It should be noted that at the July 23, 2008 hearing officer hearing, the public along with community organizations spoke in support of the project and the requested entitlements. Project also received support from Council District 13 and the Greater Echo Park Elysian Neighborhood Council as well as the community. The applicant had originally filed for a Zoning Administrator’s Adjustment for density which the code prohibits. The zone variance for density is a technical matter that requires a different set of findings than that of a Zoning Administrator’s Adjustment. The findings are made in this report, and the legal requirements of mailing a hearing notice 24 days prior to the hearing have been met. Furthermore, environmental clearance, ENV-2007-5038-MND, adequately assessed the impacts of this deviation and provides the necessary mitigation measures to reduce this impact a less than significant level. The Westlake Community Plan is contemplating a land use designation that combines residential and job-generating use along Temple Street. While the update is still in process, the Community Planning Bureau has further stated the importance of making developments along Temple Street more walkable since Temple Street and the intersection of Temple Street and Alvarado Street are serviced by several bus lines. Though Westlake Community Plan is in the process of being updated, the proposed project would fit what the plan envisions for this particular area.


The project has been scaled down from its original submittal. The project height for Building A at the time of original submittal reached 164 feet. The applicant worked closely with the Greater Echo Park Elysian Neighborhood Council and Council Office 13 to address the design of their originally submitted plans. As a result, the project has been refined a few times. Since these revisions, the project has received support from Council Office, 13, the Greater Echo Park Elysian Neighborhood Council along with those from local community organizations, schools, local businesses, and residents. The project will remove the existing obsolete buildings and replace them with a mixed use development. The project will be an improvement from the existing vacant use as much needed housing, affordable housing and retail uses will be brought into the area. Residential units will be both affordable and ownership units. Neighborhood-serving retail uses will not only bring convenience to the local community, but will encourage pedestrian activity by bringing neighborhood-serving retail uses to an area in need of retail. Finally, a traffic study, dated January 2008 and prepared by Overland Traffic Consultants, Inc., assessed project impacts and cumulative impacts on 12 intersections. The traffic study analyzed future traffic conditions with the project, and indicated that traffic growth by the project would not significantly impact the study area. On July 15, 2008, the Department of Transportation issued a letter stating the department had reviewed the traffic study and concurred with the study’s assessment that the 12 study intersections would not significantly be impacted by the project. Conclusion The applicant has worked closely with the Greater Echo Park Elysian Neighborhood Council and Council Office 13. Revisions have been made to the project design to reduce the height and scale of the buildings. These revisions along with community outreach have led to tremendous support from the Council Office, the Greater Echo Park Elysian Neighborhood Council, local businesses, residents, and local community organizations. The applicant has also considered Leadership in Energy and Environmental Design (LEED) certification since the project incorporates some of the elements. Regardless, if the applicant decides to file for LEED certification, the project will include sustainable elements such as energy efficient equipment, water reduction and efficient landscaping, roof gardens, energy-efficient light bulbs, low-emitting materials, etc. The project provides an opportunity to bring residential units, affordable housing, employment opportunities, and much-needed retail to the Westlake Community. The project proposes 46 rental units for low income households. The affordable units would be restricted for 55 years. Having a close proximity to several bus lines, the project will be able to further the goals of the Westlake Community Plan and the Regional Comprehensive Plan and Guide. Residents and employees will within walking distance of several bus lines, and the project’s design will enable the project to be suitable for the subject site. Furthermore, the project will provide work-force housing, and affordable units on Lot 2. Homeownership opportunities will be provided to households of different income levels and sizes while providing abundant landscaping and amenities. The project will also include a walkable design.


Findings can be made for the requested entitlements. However, since it was discovered the variance request would be required, staff’s recommendation does not account for the project exceeding the allowable floor area ratio. Based on the information submitted, the public hearing, and the proposed project’s compliance with the Westlake Community Plan, the Department of City Planning is recommending that the City Planning Commission: Approve 1) a zone change from C2-1 and P-1 to (T)(Q)RAS4-1 on Lot 1 subject to the attached Conditions of Approval, 2) Alternative Compliance to a Public Benefits project that exceeds density with the following alternative compliance in height and solid decorative masonry wall on Lot 2, 3) a Zone Variance to permit a 4:1 floor area ratio on Lot 1, 4) a zone variance for density to permit 202 residential dwelling units on Lot 1, and 5) a site plan review.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR T-1

CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL

Pursuant to Los Angeles Municipal Code Section 12.32 G, the "T" Tentative Classification shall be removed by the recordation of a final parcel map 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 approvals or guarantees provided to the Department of City Planning for attachment to the subject City Plan Case file. 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, and 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. 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. Dedications

1) That a 2-foot wide strip of land be dedicated along Temple Street adjoining the subdivision to complete a 45-foot wide half right-of-way dedication in accordance with Secondary Highway Standards, including a 20-foot radius property line return at the intersection with Bonnie Brae Street and Westlake Avenue all satisfactory to the City Engineer.

2) That Board of Public Works approval be obtained, prior to the recordation

of the final map, the removal of any tree in the existing or proposed right-of-way area associated with improvement requirements outlined herein. The Bureau of Street Services, Urban Forestry Division, is the lead agency for obtaining Board of Public Works approval for removal of such trees.

3) That two copies of a parking area and driveway plan be submitted to the

Central 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.


4) That the existing future street easements along Temple Street, Westlake Avenue and Bonnie Brae Street adjoining the tract be accepted by a suitable resolution.

5) That the subdivider make a request to the Central District Office of the

Bureau of Engineering to determine the capacity of the existing sewer in the area.

Improvements 5) That the following improvements be either constructed prior to recordation

of the final map or that the construction be suitable guaranteed:

(a) Remove and reconstruct the existing catch basins along Temple Street adjoining the subdivision in connection with street widening required herein.

(b) Improve Bonnie Brae Street being dedicated and adjoining the

tract by the construction of additional concrete sidewalk to complete a 12-foot full-width concrete sidewalk with tree wells including any necessary removal and reconstruction of the existing improvements satisfactory to the City Engineer.

(c) Improve Temple Street being dedicated and adjoining the

subdivision by the construction of the following:

(1) A concrete curb, a concrete gutter, and a 10-foot full-width concrete sidewalk with tree wells.

(2) Suitable surfacing to join the existing pavement and to

complete a 35-foot half roadway. (3) Any necessary removal and reconstruction of existing

improvements. (4) The necessary transitions to join the existing

improvements all satisfactory to the City Engineer.

(d) Improve Westlake Avenue being dedicated and adjoining the tract by the construction of new curb and gutter and additional concrete sidewalk to complete a 12-foot full-width concrete sidewalk with tree wells including any necessary removal and reconstruction of the existing improvements.

(e) Improve Court Street being dedicated and adjoining the tract by

the construction of new curb and gutter and additional concrete sidewalk to complete a 10-foot full-width concrete sidewalk with tree wells including any necessary removal and reconstruction of the existing improvements.


b. Street Lighting. 1) No Street Lighting improvements if no street widening on Temple Street.

Otherwise, relocate and upgrade two (2) street lights on Temple Street. 2) No Street Lighting improvements if no street widening on Westlake

Avenue. Otherwise, relocate and upgrade two (2) street lights on Westlake Avenue.

3) No Street Lighting improvements if no street widening on Bonnie Brae

Street. Otherwise, relocate and upgrade two (2) street lights on Bonnie Brae Street.

c. Street Trees. Construct tree wells and plant street trees to the satisfaction of the

Street Tree Division of the Bureau of Street Maintenance. d. Sewers. Construct sewers to the satisfaction of the City Engineer. e. Drainage. Construct drainage facilities to the satisfaction of the City Engineer.

3. Parking and Driveway Plan. Prior to the issuance of a building permit, the applicant

shall submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation (Citywide Planning Coordination Section) for approval.

4. Recreation and Parks Dedication/Fee. Per Section 12.33 of the 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.

5. Schools. The applicant shall make payment to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area.

6. 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 LAMC Section 17.05-N, to the satisfaction of the Information Technology Agency.

7. Police. The building plans shall incorporate 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 semipublic space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities and building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. 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, Phone: 213-485-3134). These measures shall be approved by the Police Department prior to the issuance of building permits.


8. The requirements 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: a. Submit plot plans for Fire Department approval and review prior to recordation of

Tract Map Action. b. Access for Fire Department apparatus and personnel to and into all structures

shall be required. 9. Department of Transportation. Satisfactory arrangements shall be made with the

Department of Transportation to assure:

a. A minimum of 40-foot reservoir space be provided between any security gate(s) and the property line; a minimum of 20-foot reservoir space be provided if driveways serve less than 100 parking spaces.

b. Vehicular access shall be prohibited from Temple Street. c. Parking stalls shall be designed so that a vehicle is not required to back into or

out of any public street or sidewalk. d. A parking area and driveway plan shall be submitted to the Citywide Planning

Coordination Section of the Department of Transportation for approval prior to submittal of building permit plans for plan check by the Department of Building and Safety. Transportation approvals are conducted at 201 N. Figueroa Street Suite 400, Station 3.

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.) are completed to the satisfaction of the Bureau of Engineering.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR 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 of the subject property shall be limited to those uses permitted in the

RAS5 Zone as defined in Section 12.11.5 of the L.A.M.C for Lot 1.

2. Site Plan. Prior to the issuance of any permits for the subject project, detailed development plans, including a complete landscape and irrigation plan shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plan shall be in substantial conformance with the plot plan labeled as Exhibit "E-2" stamped and dated August 14, 2008, attached to the subject case file. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization.

3. Height. No building or structure located on the subject property shall exceed a height of 126-feet for Building A, 100 feet 8 inches for Building B, and 88 feet 8 inches for Building C, and shall be in substantial conformance with the elevation plan labeled as Exhibit "E-2" stamped and dated August 14, 2008, pursuant to Section 12.21.1 of the Municipal Code.

4. Floor Area Ratio. Not more than a floor area ratio of 4:1 shall be constructed on Lot 1. 5. Density. Not more than 202 dwelling units shall be constructed on Lot 1.

6. Parking. All project related parking shall be provided in compliance with Section 12.21.A.4 of the Municipal Code and the following:

a. Provide a minimum 2.25 parking space per market rate dwelling unit including guest parking, four parking spaces for each 1,000 square feet of gross floor area for retail, and one parking space for each affordable rental dwelling unit with less than three habitable rooms, 1.5 parking spaces for each affordable rental dwelling unit, and three parking spaces with over three habitable rooms.

b. All guest spaces shall be readily accessible, conveniently located, specifically reserved for guest parking, posted and maintained satisfactory to the Department of Building and Safety.

c. If guest parking spaces are gated, a voice response system shall be installed at the gate. Directions to guest parking spaces shall be clearly posted. Tandem parking spaces shall not be used for guest parking.

d. In addition, prior to issuance of a building permit, a parking plan showing off-street parking spaces, as required by the Advisory Agency, shall be submitted for review and approval by the Department of City Planning (200 No. Spring Street, Room 750).


B. Other Conditions

7. Construction Related Parking. No employees or subcontractor shall be allowed to park on surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of heavy construction vehicles along Temple Street before 9:00 AM or after 4:00 PM, Monday through Friday. All construction vehicles shall be stored on site unless returned to their owner’s base of operations.

8. 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 4:00 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.

9. Loading. Loading and unloading activities shall not interfere with traffic on any public street. Public sidewalks, alleys and/or other public ways shall not be used for the parking or loading or unloading of vehicles. The location of loading areas shall be clearly identified on the site plan to the satisfaction of the Department of City Planning.

10. Maintenance. The subject property including associated parking facilities, sidewalks, outdoor pool areas, and landscaped planters adjacent to the exterior walls along the property lines shall be maintained in an attractive condition and shall be kept free of trash and debris. Trash receptacles shall be located throughout the site.

11. Dust Walls. Temporary dust walls (e.g., Visqueen plastic screening or other suitable product) not less than 8 feet in height shall be installed and maintained along the property line between the site and adjoining residential lots as necessary to preclude dust dispersion from the project site to adjacent homes.

12. Community Relations. A 24-hour “hot-line” phone number for the receipt of construction-related 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 complaints received on this hotline.

13. 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.

C. Environmental Conditions

Aesthetics

1. 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.

2. Outdoor lighting shall be designed and installed with shielding, so that the light

source cannot be seen from adjacent residential properties.


Air Quality (Construction and Operation). 3. 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 to assure compliance with SCAQMD District Rule 403. Wetting could reduce fugitive emissions by as much as 50 percent. The applicant and/or contractor shall keep the construction area sufficiently dampened to control dust caused by construction and hauling by providing 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 the site shall be either sufficiently watered or securely covered to prevent excessive dust. All clearing, earth moving or excavation activities shall be discontinued during periods of high winds (i.e. greater than 25 miles per hours). General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.

Biological Resources 4. The applicant shall implement a plan to preserve as many existing trees as

possible. The plan shall contain measures recommended by a qualified botanist that calls for the measures such as the replacement by a minimum of 24-inch box trees in the parkway and on the site on a 1:1 basis. Applicant shall also comply with the requirements of the City of Los Angeles, Board of Public Works, Urban Forestry Division and the applicable provisions of City of Los Angeles, Landscape Ordinance (Ord. No. 170,198).

Cultural Resources (Historical Resources). 5. If archaeological resources/human remains are encountered during the course of

grading and/or excavation, all development would temporarily be halted and an archaeological survey would be conducted by a qualified professional.

6. If construction activities encountered paleontological resources during site

preparation, development would be temporarily halted and services of a qualified paleontologist would be secured.

Geology and Soils

7. 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. 8. Prior to construction, a foundation study will be conducted to determine whether

expansive soils are found at the site and what construction methods are appropriate to mitigate any impact related their presence.

Hazards and Hazardous Materials 9. The applicant shall submit a methane gas protection plan for approval by the City

of Los Angeles, Department of Building and Safety. For all structures, at minimum, the plan shall include a liner beneath building foundations and methane sensors both beneath the foundation and within residential units.


10. Prior to the issuance of a 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 other State and Federal rules and regulations.

11. Implement recommendations of the Phase 1 report to conduct further

investigation, such as soil and soil vapor sampling is recommended. Soil vapor sampling would occur before construction of the proposed project to determine whether soil cleanup would be required.

Hydrology and Water Quality

12. Compliance with Ordinance No. 172,176 and Ordinance No. 173,494 which

require the application of Best Management Practices comply with NPDES permit requirements to prepare a Storm Water Pollution Prevention Plan (SWPPP) to include best management practices (BMPs) to control surface runoff from the project site. BMPs typically used to reduce construction impacts shall include the use of sand bag barriers, dust control, the clean up of leaking using dry materials, the use of rumble strips to limit the tracking of sediment on the street and other measures as appropriate. During construction, all wastes shall be disposed of contaminated soil on paved surfaces that can be washed into storm drains. Pavement shall not be hosed down at the site of spills; dry cleanup methods will be used wherever possible. Dumpsters shall be covered with tarps or plastic sheeting. Gravel approaches shall be used where truck traffic is frequent to reduce soil compaction and the tracking of sediment onto streets. All vehicle and equipment maintenance activities, repair and washing shall be conducted away from storm drains. All major repairs shall be conducted off site. Drip pans or drop cloths shall be used to catch drips and spills.

Land Use 13. The applicant shall comply with the mitigation measures required by the

mitigated negative declaration. Noise 14. Implement the following measures to reduce construction noise:

• All noise producing equipment and vehicles using internal combustion engines will be equipped, where appropriate, with mufflers and air-inlet silencers that meet or exceed factory specifications pertaining to noise generation and attenuation.

• The hours of construction including noisy maintenance activities and materials transport will be restricted to periods and days permitted by local noise ordinances.

• The use of noise producing signals, horns, whistles, alarms,, and bells will be for safety purposes only.


• Compliance with City of Los Angeles, Noise Ordinance Nos. 144,331 and 161,574 or subsequent ordinances in effect during construction. Construction and demolition shall be restricted to the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Construction and demolition activities shall use power construction equipment with noise-shielding and/or muffling devices operated in accordance with manufacturer’s specifications.

Public Services

15. The proposed project shall comply with all applicable provisions of the City of Los Angeles Fire Code (Article 7 of the Los Angeles Municipal Code) to ensure that adequate LAFD access, hydrants, and fire flow requirements would be provided. Building interiors would contain overhead sprinkler systems as outlined in the project design. Pursuant to Fire Department requirements, the applicant shall submit a Plot Plan for Fire Department approval. The Plot Plan will include fire lanes, where required, shall be a minimum of 20 feet in width; all structures shall be within 300 feet of an approved fire hydrant and entrances to all dwellings or guest rooms shall be within 150 feet in distance from the edge of the roadway or of an approved fire lane.

16. While the proposed project is not expected to overcrowd neighborhood schools,

California Code Section 65995 and Education Code Section 17620 states that issuance of building permits for the proposed project would require the payment of fees at the specified rate for the finding of improvements and expansion of school facilities. These fees will be paid to the LA Unified School District to reduce the impact of additional school enrollment in the project area.

17. Per Section 17.12-A of the Los Angeles Municipal Code, the applicant shall pay

applicable Quimby fees for the construction of condominiums and Recreation and Parks fees for the construction of apartment buildings.

Transportation and Traffic 18. Projects involving the import of 1,000 cubic yards or more of dirt shall obtain a

haul route approval by the City of Los Angeles, Department of Building and Safety. Applicant shall install appropriate traffic signals around the site to ensure pedestrian and vehicle safety. Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attraction and attractive nuisances.

Utilities and Service Systems 19. Construction materials will be source separated at the project site and recycled to

reduce the solid waste impact of the project. In addition, multi-family housing at the site will be enrolled in the City’s multi-family recycling program to reduce the impacts of the project.

D. Administrative Conditions 14. 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.


15. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions may vary.

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 assigns. The agreement shall 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 offices, 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. Building Plans. Page 1 of the grant 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.

20. 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 of Planning, pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if in the decision makers opinion, such actions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

21. Mitigation Monitoring. The applicant shall identify mitigation monitors who shall

provide periodic status reports on the implementation of the Environmental Conditions specified herein, as to area of responsibility, and phase of intervention (pre-construction, construction, post-construction/maintenance) to ensure continued implementation of the Environmental Conditions.

22. 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.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR C-1

CONDITIONS OF APPROVAL ZONE VARIANCE, ZONING ADMINISTRATOR’S ADJUSTMENT, AND SITE PLAN REVIEW

CONDITIONS OF APPROVAL A. Entitlement Conditions

1. Permit a 126-foot maximum height for Building A, a 100-foot 8-inch maximum for Building B, and an 88-foot 8-inch maximum for Building C of Lot 1, and a 57-foot maximum throughout Lot 2. (See Exhibit E-2)

2. Permit approximately one unit per every 400 square feet of lot buildable lot area

for Lot 1. 3. Permit a maximum 248 residential units on the subject site. Lot 1 shall not

exceed 202 residential units. Lot 2 shall not exceed 46 residential units. 4. Permit the minimum front, side, and rear yard setbacks of the RAS4 zone for Lot

1 and of the RD1.5 zone for Lot 2. 5. Permit a maximum floor area ratio of 4:1 for Lot 1, and a maximum floor area

ratio of 3:1 for Lot 2.

B. Administrative Conditions

6. 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.

7. Code Compliance. Area, height and use regulations of the zone classification of

the subject property shall be complied with, except where herein conditions may vary.

8. 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 assigns. The agreement shall 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.

9. 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.

10. 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.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR C-2

11. Building Plans. Page 1 of the grant 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.

12. 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 of Planning, pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if in the decision makers opinion, such actions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

13. Utilization of Entitlement. The applicant/owner shall have a period of five years

from the effective date of the subject grant to effectuate the terms of this entitlement by either securing a building permit or a certificate of occupancy for the authorized use, or unless prior to the expiration of the time period to utilize the privileges, the applicant files a written request and is granted an extension to the termination period for up to one additional year pursuant to Sections 12.24.J.3 and 12.28.C, of the Municipal Code. Thereafter, the entitlement shall be deemed terminated and the property owner shall be required to secure a new authorization for the use.

14. Multiple Entitlements. The subject Adjustments for building setback require the

completion of all applicable conditions of approval herein to the satisfaction of the Planning Department and the effective date of these grants shall coincide with that of the associated zone/height district change on the property involved.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR F-1

FINDINGS 1. General Plan Land Use Designation. The subject property is located within the area

covered by the Westlake Community Plan, which was adopted by the City Council on September 18, 1974 (pursuant to Council File 72-1711-S1). The Plan map designates Lot 1 of the subject property for Highway Oriented Commercial land use designation with corresponding zones of C1, C2, CR and P. The property contains approximately 1.57 net acres (71,940 net square feet) and is presently zoned C2-1 and P-1. The current zoning for the subject site allows for the density of the R4 zone pursuant to LAMC Section 12.14 and would be conformance with the General Plan Land Use designation of the Westlake Community Plan.

2. General Plan Text. The Westlake Community Plan text includes the following relevant

land use objectives, policies and programs: “Objective 1 To coordinate and harmonize the development of the Westlake Community with other parts of the City of Los Angeles within the framework of the General Plan.”

“Objective 3 To designate a supply of residential land adequate to provide housing of the types, sizes and densities required to satisfy the varying needs and desires of all segments of the community’s population.”

"Objective 4: To provide a supply of commercial land adequate to meet both regional and community needs, and to regulate the locations, types and intensities of commercial uses so as to assure their compatibility with other land uses."

“Objective 8: To improve aesthetic, economic, and social environment of the community.”

“Objective 9: To eliminate and prevent the spread of blight and deterioration; and to conserve and rehabilitate, renew and redevelop the various parts of the community, as needed.” The subject site is presently developed on a former dairy warehouse site. The site is presently vacant and underutilized due to the constraints of the site’s current split zoning. The C2-1 zoning restricts the Floor Area Ratio to 1.5:1 and requires setbacks for residential developments which will create an inefficient design. The “P” automobile parking zone puts constraints as to what can be developed on the site. The applicant seeks a zone change from the C2-1 and P-1 to (T)(Q)RAS4-1 to eliminate the constraints that are associated with the C2 and P zones. The RAS4 zone was created to encourage mixed use developments in transitional urban areas located along transit corridors. It places fewer constraints regarding required setbacks and allows for a Floor Area Ratio of 3:1. With a greater floor area ratio, the project would be able to provide more residential units, catering to the housing needs of the community of the Westlake Community. The proposed project as a whole is comprised of 248 residential condominium units and one commercial condominium comprised of 21,236 square feet of neighborhood-serving retail. Lot 1 would be comprised of 202 residential units and 21,236 square feet of neighborhood serving retail, while Lot 2 would be comprised of 46 affordable rental housing units. The project will be an infill development, which is contiguous and compatible with other development in the immediate vicinity. The project would also


intensify the use on the site and provide additional housing in the Westlake community that would accommodate the population of the surrounding area. The project would also enhance the aesthetics of the area by replacing vacant warehouse and manufacturing buildings with a mixed use development that would help bring people and retail to create a sense of vibrancy in the area. Finally, the proposed project would include varying unit sizes from singles to three-bedroom units that would accommodate various household sizes of the Westlake community as well as provide different choices in housing needs. The Westlake Community Plan is in the process of being updated. While the Plan has not finalized the land use designation for the site, a new vision and land use designation is being considered. The Community Planning Bureau has stated the Plan will encourage a walkable mixed use development on the site. This will include housing and job-creating use. Framework Element. The Framework Element for the General Plan (Framework Element) was adopted by the City of Los Angeles in December 1996 and re-adopted in August 2001. The Framework Element provides guidance regarding policy issues for the entire City of Los Angeles, including the project site. The Framework Element also sets forth a Citywide comprehensive long-range growth strategy and defines Citywide polices regarding such issues as land use, housing, urban form, neighborhood design, open space, economic development, transportation, infrastructure, and public services. The project site is currently developed with three vacant industrial buildings. It is one of the few under-improved properties in the vicinity. Development of this site is an infill of an otherwise mix-use neighborhood. By enabling the construction of a supply of housing in close proximity to jobs and services, the proposed Zone Change would be consistent with several goals and policies of the Framework Element. The Land Use chapter of the Framework Element identifies objectives and supporting policies relevant to the project site. Those objectives and policies seek, in part, to provide for the stability and enhancement of multi-family residential neighborhoods. The project would be consistent with the Land Use chapter of the Framework Element. Housing Element. The Project would meet many housing objectives and policies contained in the Housing Element of the Los Angeles General Plan as follows: The project will create a high-quality residential development that offers much-needed housing to the neighborhood, promotes safety by providing adequate lighting and residential uses to create a 24-hour presence, and better utilizes the project site by improving the land use and character of the existing neighborhood. Furthermore, the site is located near bus lines running along Temple Street. By creating additional housing units, the project and its location will not only bring residents closer to their jobs, but it will also help reduce congestion, vehicle dependency, and commute times for residents.

3. The Transportation Element of the General Plan will be affected by the recommended action herein. However, any necessary dedication and/or improvement of Temple Street to Plan designated Secondary Highway standards, Bonnie Brae Street to Plan designated Collector Street standards, and Westlake Avenue and Court Street to Plan designated Local Street standards 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.


4. The Sewerage Facilities Element of the General Plan will 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.

5. Street Lights. Any City required installation or upgrading of street lights is necessary to complete the City street improvement system so as to increase night safety along the streets which adjoin the subject property.

6. Zone Change Findings.

a. Pursuant to LAMC Section 12.32.C.7, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice.

The subject zone change is for Lot 1, which is located within the Westlake Community Plan. The parcel is zoned C2-1 and P-1, and has a Highway Oriented Commercial land use designation with corresponding zones of C1, C2, CR, and P. The applicant has requested a zone change to the (T)(Q)RAS4-1 zone. The RAS4 zone allows for a mixed commercial and residential project. The Westlake Community Plan is in the process of being updated. The Community Planning Bureau has considered a land use designation that would allow for land uses that generate jobs and provide for housing. While the land use designation is being considered, the Plan will encourage walkable mixed use developments. The project will include the same density presently allowed in the C2 zone, and would be consistent with what is envisioned in the Westlake Community Plan. The applicant has requested a Zoning Administrator’s Adjustment in density from 179 units to 202 units. Findings will be required to be made in order to grant this approval. Upon these findings, the project will be in conformance with the Municipal Code. The proposed zone change to (T)(Q)RAS4-1 will not affect the present designation or that what is envisioned in the Westlake Community Plan Update, and will remain as part of the zoning on the site.

The applicant has requested this zone change to develop a mixed use project. The C2 commercial zone creates limitations to the site by restricting the FAR to 1.5:1 and requiring more setbacks on the C2 zone than the RAS4 zone. The P automobile parking zone restricts the site to parking-related uses. The project proposes a residential mix of one-, two-, and three- bedroom units with ground level and subterranean parking to accommodate different household sizes. The project will not displace any residents since the site is presently developed with vacant industrial buildings that have outdated infrastructure that do not support efficient industrial use. As such, the zone change would be 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 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.


7. Public Benefit Findings. Pursuant to Section 14.00-A,2 and 14.00-B,5 of the Municipal Code:

As conditioned, the proposed project will substantially meet the purposes of the applicable performance standards set forth in Subsection A of Section 14.00. a. The development project contains the requisite number of affordable and/or

senior citizen units as set forth in California Government Code Section 65915(b). Compliance. The proposed project will contain 46 dwelling units, of which, 100 percent of the dwelling units will be provided for Very Low, Low, and Moderate income residents. As conditioned, the requirements of the performance standards established by Section 14.00 A of the Municipal Code are met.

b. The development project complies with the standards contained in the Affordable

Housing Incentives Guidelines approved by the City Planning Commission.

Compliance. The Affordable Housing Incentives Guidelines (Ordinance Nos. 170,764 and 174,995), adopted by the Planning Commission on December 14, 1995, encourages the production of housing for qualified lower income residents. The subject development addresses the policies and standards contained in the Guidelines as follows: Noise. Common recreation uses, such as swimming pools and barbecue areas, shall not be located immediately adjacent to neighboring residential uses. Any building within 500 feet of a railroad, major highway or freeway, aircraft or aircraft pathway shall be constructed so as to provide a Sound Transmission Class of 50 or greater as defined in the Uniform Building Code. Lighting. Residents of restricted dwelling units may not be charged for amenities that are provided at no cost to other residents including, but not limited to, access to recreational facilities, parking, cable TV, and interior amenities such as dishwashers and microwave ovens. Optional services provided must be optional for all residents, and available to all under the same terms and conditions. Tenants of restricted units cannot be required to purchase additional services. Conditions of approval have been established within the zone change, zone variance and site plan review to help meet the requirement of the performance standards established by Section 14.00-A of the Municipal Code and the Affordable Housing Production Incentives. The owner will be required to record a Covenant and Agreement with, satisfactory to the Los Angeles Housing Department or its successor agency, to preserve the affordability of the designated units for 30 years as set forth in Municipal Code Section 12.22 A 25 (d)(5).

c. The use is conducted in conformance with the City’s noise regulations pursuant

to Chapter 11 of this Code.

Compliance. The noise caused during construction is conditioned in accordance with noise regulations of the Municipal Code and the environmental conditions contained in ENV-2007-5038-MND. Furthermore, the site has been designed to locate potential noise generating uses (e.g., outdoor uses, transformer, parking garage) towards the center of the site to minimize noise.


d. No buildings are higher than any main building on adjoining property. Non-Compliance. The entire project area will contain buildings ranging from 126 feet, 100 feet 8 inches, 88 feet and 8 inches, and 57 feet. The site’s unusual topography includes grade variations in excess of 20 feet from the lowest point to the highest point. Height is measured as defined in the code and through information bulletin/public zoning code P/ZC 2002-008. Surrounding structures on adjoining properties range in height from approximately 30 to 40 feet. The Church on Court Street is a three-story structure that is approximately 40 feet in height. Alternative-Compliance. The purpose of the imposed performance standards for height has been substantially complied with. The applicant has designed the entire project to step back in height from Temple Street (a Secondary Highway dedicated to a width of 83 feet). The mixed use building will front Temple Street and is 96 feet in height. The project then decreases in height to 60 feet mid-block and to 45 feet for the affordable housing component fronting Court Street. The affordable housing project will match the character of the residential neighborhood with the taller building fronting a commercial corridor. The affordable housing component is planned as a necessary use for the entire project. Also, the applicant has worked closely with the Greater Echo Park Elysian Neighborhood Council and Council District 13 to reduce the height of the project. The proposed project is atypical in size compared to other projects in this area. The proposed RAS4 zone allows for unlimited height and a floor area ratio of 3:1. With the granting of the subject zone change and the zone variance to allow a maximum floor area ratio of 4:1, the project will be in conformance with the LAMC and be compatible with surrounding development.

e. All portions of the required front yard not used for necessary driveways and

walkways, including decorative walkways, are landscaped and maintained, not otherwise paved, and equipped with an automatic irrigation system.

Compliance. As conditioned and shown on the site plan, elevations, floor and landscape plans, labeled “Exhibit E-2” and stamped and dated August 14, 2008, attached to the subject case filed, the required yards will comply with this requirement.

f. The development meets the open space requirements of Section 12.21G.

Compliance. As shown on the site plan site plan, elevations, and floor plans, labeled “Exhibit E-2” and stamped and dated August 14, 2008, attached to the subject case filed, the required open space will comply with this requirement. The required open space for this project is calculated at 26,050 square feet and the applicant is providing 29,447 square feet.

g. Only one identification sign is displayed on the site and it is on the building face.

The sign does not exceed 20 square feet, does not extend more than two feet beyond the wall of the building, and does not project above the roof ridge or parapet wall (whichever is higher) of the building.

Compliance. Signage will be designed to comply with the Municipal Code.


h. Security lighting is shielded so that the light source cannot be seen from adjacent residential properties.

Compliance. The security night lighting is conditioned in accordance with the environmental conditions contained in ENV-2007-5038-MND. Furthermore, the lighting will be energy efficient and shielded from adjoining residential properties.

i. Yards, at a minimum, should meet Code requirements or those prevalent on

adjoining or abutting properties, whichever is most restrictive.

Compliance. The purpose of the imposed performance standards for yards has been substantially complied with by the applicant. The abutting properties surrounding the proposed project fronts on Court Street and Bonnie Brae Street and is along Westlake Avenue.

j. All graffiti on the site is removed or painted over in the same color as the surface

to which it is applied within 24 hours of its occurrence.

Compliance. A condition of approval requires that the property owners and all successors acknowledge the applicability of the graffiti removal and deterrence requirements pursuant of Municipal Code Section 91.8101 F, 91.8904.1 and 91.1701 E relative to the subject project that governs the removal of graffiti.

k. Parking areas are landscaped pursuant to the requirements of Section 12.21A6.

Compliance. As conditioned and shown on the site plan, elevations, and floor plans labeled “Exhibit E-2” and stamped and dated August 14, 2008, attached to the subject case file. Code required parking will be provided in a subterranean parking structure for both residential and commercial uses.

l. All streets, alleys and sidewalks adjoining the property meet the standards street

dimensions.

Compliance. As conditioned, the project furthers the intent of this standard to ensure adequate circulation and development of the Transportation Element of the General Plan. In addition, the project has been reviewed by LADOT and all standard dimensions were met.

m. A solid, decorative, masonry or wrought iron wall or fence at least six feet in

height, or the maximum height permitted by the zone, whichever is less. The wall or fence encircles the periphery of the property and does not extend in to the required front yard setback; and

Non-Compliance. The entire project is designed to be pedestrian friendly and to blend in with the neighborhood. A wall will restrict the views of the residents and it may not be compatible with the character of the adjoining properties. Alternative Compliance. The project is landscaped with hedges and trees designed to delineate the site. A landscape design will meet the intent of the above standard and will blend in with the neighborhood.


n. There are no outdoor public telephones on the site.

Compliance. The project will comply with the condition of approval that there are no outdoor public telephones on the site.

8. Zone Variance (Floor Area Ratio and Density). Pursuant to LAMC Section 12.27-D:

The requested zone variance from Section 12.21 to permit an increase in the buildable area (FAR and greater than 20 percent) from three times (3:1) to four times (4:1) the buildable area within Lot 1 for a 202-unit condominium project in the (T)(Q)RAS4-1 Zone. Pursuant to LAMC Section 12.27-C,4: The proposed project is a mixed use project with a total of four buildings and ground level retail for only Building A. The requested zone variance would be for Lot 2, which proposes 46 affordable rental units.

a. The str ict appl icat ion of the zoning ord inance would result in

pract ica l difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations.

Floor Area Ratio Strict application of the zoning ordinance would prevent the project from providing sufficient size, open space, and amenities to a project that provides affordable and workforce housing. The project has requested a zone change from the C2-1 and P-1 zones to the RAS4-1 zone. The maximum allowable floor area ratio in the proposed RAS4-1 zone is 3:1. The development will be built up to a maximum 4:1 floor area ratio, or 274,651 square feet of buildable area, in order to allow for adequate sized units. The increased FAR will also allow for the development to provide a sufficient amount of open space and other amenities including community rooms and a gym. The increased FAR will spread out the project area making it more efficient to provide owner amenities with a landscaped layout. The intent of the zoning regulations is to ensure compatibility in scale and size with existing developments. The project has been refined by the Greater Echo Park Elysian Neighborhood Council and Council District 13 to ensure the project would be compatible in scale and size with neighboring developments. Denial of the variance request would lead to an unnecessary hardship that would deny future residents of sizable units and amenities that are needed for this development. Density The intent of density is to ensure safety and livability for residents. The development proposes 202 residential units on Lot 1 on a site where 179 units are permitted by-right. The project will provide adequate sized units and amenities to ensure the development will be livable and safe for its residents. Buildings A, B, and C of Lot 1 will range in size from 810 square feet (one bedroom units) to 1,350 square feet (three bedroom units). The unit size in Building D of Lot 2 will range in size from 700 square feet (one bedroom units) to 1,120 square feet (three bedroom units). Amenities will include a pool, a spa, fire pits, water feature, two playgrounds, open landscaped areas along the south portion of the site and in the courtyard, abundant landscaping along walkways, community rooms in Buildings B and D, and a roof garden on Buildings A, B, and C. As such, the buildings on Lot 1 will comply with the spirit and intent of the Planning and Zoning Code of the City.


b. There are special circumstances applicable to the subject property such as size,

topography, location or surroundings that do not apply generally to other property in the same zone or vicinity. The project site relatively large and encompasses almost the entire block. The project site totals 2.35 net acres, and is bounded by Temple Street to the north, Bonnie Brae Avenue to the east, Westlake Avenue to the west, and Court Street to the south. Just north of the project site is a commercial plaza comprised of retail, professional and medical offices. Also, the project site has variations of both increasing and decreasing slopes. The property consists of an abandoned industrial structure that was formerly a dairy. The applicant is proposing to change the zoning to RAS4-1 to accommodate a mixed-use project. The location is ideal for a mixed use project along a Secondary Highway. The lots along the Secondary Highway have the same conditions and are in the same height district allowing an unlimited number of stories for any proposed projects. These features create special circumstances that create challenges to utilize the development to a use that can better serve the community. As such, these special features create a special circumstance that is atypical in this area. These circumstances are atypical of other sites in the area, and provide an opportunity to bring a walkable development and much needed retail. The project is proposing a walkable mixed use development. The 3:1 maximum allowable floor area ratio limits the buildable area of to 205,185 square feet of buildable area under the RAS4 zone. The applicant is seeking a proposed buildable area of 274,651 square feet or approximately 4:1 FAR on Lot 1. Also, the maximum allowable floor area ratio limits Lot 1 to 179 dwelling units. The applicant intends to provide a development that would create and maintain affordable and work force housing for the community. The requested buildable area and density will achieve the number of dwelling units to fit the project which will make the development economically feasible with State tax credits and bond financing. The surrounding residential properties include R4 zoning for multi-family housing and the requested density will not impact the adjacent properties. The entire development will have sufficient parking to meet all the proposed uses (residential and commercial) and the increased FAR will allow for the development to provide amenities available to the owners. Furthermore, the increased FAR will spread out the project area making it more efficient to provide owner amenities with a landscaped layout.

c. Such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone or vicinity. Current zoning regulations for the existing lots deny the applicant the substantial property right to develop the property in the most economically efficient manner. The proposed development is surrounded by R4 zoning and a commercial plaza to the north. The granting of both variances would allow for a development that will transform this site into a walkable development that provides much needed housing including affordable housing, along with much-needed retail. Other lots located along Temple Street will also be encouraged to provide a walkable mixed use development through the Westlake Community Plan Update.


As stated in the previous finding, the requested buildable area and density will achieve the number of dwelling units to fit the project which will make the development economically feasible with State tax credits and bond financing. In order to construct the proposed unit sizes and for the project amenities, the buildable area needs to be increased from 3:1 to 4:1. With a buildable area of 68,395 square feet, the maximum buildable area at 3:1 is 205,185 square feet under the proposed RAS4 zone. Granting the variances is necessary to preserve the property owner’s right to develop the project into an efficient use, a right others in the area possess.

d. The granting of such variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the same zone or vicinity in which the property is located. The granting of these variances will not be materially detrimental to properties or improvements in the same zone in which the property is located. The RAS4 designation was created to encourage mixed use developments in transitional urban areas located along transit corridors. This project is located on a former dairy site which has been vacant and underutilized due to the constraints of the current zoning. The increases in floor area ratio from 3:1 to 4:1 and in the density to allow 202 dwelling units on Lot 1will help create work force housing units and make the development economically feasible with State tax credits and bond financing. The surrounding uses include lots zoned with R4 zoning and commercial lots to the north. The requested zone variance will spread out the project area making it more efficient to provide owner amenities with a landscaped layout. This will lead to a mixed use development that will meet the parking requirements and bring benefits that include: • Creates a vibrant street life. The new activity along the street adds to the

interest of an area and contributes to an ambiance of energy and safety. • Encourages less traffic. With jobs and stores close to homes and

apartments, people will use their car less, helping to reduce traffic. The location will also encourage people to take public transportation.

• Encourages pedestrian accessible neighborhoods. Locating merchants nearby that offer daily goods and services creates a community better for children, seniors, and others who choose not to drive.

The project has been reviewed by the Greater Echo Park Elysian Neighborhood Council and Council District 13. The project has been refined by reducing its scale and height in order to minimize impacts to neighboring uses.

The project has evaluated the impacts of the project. The project will address all mitigation measures set forth in ENV-2007-5038-MND to assure impacts from this project are mitigated. Also, the project has been refined based on input gathered from community outreach including several neighborhood organizations, residents, and public agencies. These meetings have resulted in a project that will not be materially detrimental to the character of the immediate neighborhood. The proposed project will replace unsightly vacant industrial/warehouse buildings with a vibrant mixed use development that include internal pedestrian walkways, landscaping, and courtyards that provide light and air to all individual units. The project will have sufficient exterior recreation and pool areas as well as fitness facilities and a community room to allow tenants access to these amenities.


A traffic study, dated January 2008 and prepared by Overland Traffic Consultants, Inc., assessed project impacts and cumulative impacts on 12 intersections. The traffic study analyzed future traffic conditions with the project, and indicated that traffic growth by the project would not significantly impact the study area. On July 15, 2008, the Department of Transportation issued a letter stating the department had reviewed the traffic study and concurred with the study’s assessment that the 12 study intersections would not significantly be impacted by the project.

e. The granting of the variance will not adversely affect any element of the General Plan.

Floor Area Ratio The project site is located within the Westlake Community Plan, and currently has mixed zoning of C2-1 and P-1. The site has a Highway Oriented Commercial land use designation with corresponding zones of C1, C2, CR, and P. The Westlake Community Plan states its purpose is intended to promote an arrangement of land use, circulation, and services which will encourage and contribute to the economic, social and physical health, safety, welfare, and convenience of the Community, within the larger framework of the City.

The proposed project would be consistent with the following objectives and policies of the Westlake Community Plan: “Objective 1 To coordinate and harmonize the development of the Westlake Community with other parts of the City of Los Angeles within the framework of the General Plan.” “Objective 3 To designate a supply of residential land adequate to provide housing of the types, sizes and densities required to satisfy the varying needs and desires of all segments of the community’s population.” "Objective 4: To provide a supply of commercial land adequate to meet both regional and community needs, and to regulate the locations, types and intensities of commercial uses so as to assure their compatibility with other land uses." “Objective 8: To improve aesthetic, economic, and social environment of the community.” “Objective 9: To eliminate and prevent the spread of blight and deterioration; and to conserve and rehabilitate, renew and redevelop the various parts of the community, as needed.” The Westlake Community Plan designates the entire ownership for mixed use commercial land uses corresponding to the C2-1 zone, and residential uses at the R4 density as permitted by that designation. The Plan Elements encourage residential developments near transit facilities to improve the quality housing of housing stock while establishing guidelines for building and landscaping. Also, the requested variance for the additional buildable area for this project is in the spirit of the city's General Plan and Mayor's goal to create affordable housing and to utilize the new RAS4 designation for mixed use projects.


The Framework Element of the General Plan contains a number of policies relating to the promotion of housing in the City's centers and along its transit corridors. The Land Use Chapter of the Framework Element also presents policies relating to the promotion of housing in the City. The proposed project would also be consistent with the following objectives and policies of the City's General Plan:

Object 3.2: Provide for the spatial distribution of development that promotes an improved quality of life by facilitating a reduction of vehicular trips, vehicle miles traveled, and air pollution.

Objective 3.4: Encourage new multi-family residential, retail commercial, and office development in the City's neighborhood districts, community, regional, and downtown centers as well as along primary transit corridors/boulevards, while at the same time conserving existing neighborhoods and related districts.

Policy 3.4.1: Conserve existing stable residential neighborhoods and lower-intensity commercial districts and encourage the majority of new commercial and mixed-use (integrated commercial and residential) development to be located (a) in a network of neighborhood districts, community, regional, and downtown centers, (b) in proximity to rail and bus transit stations and corridors, and (c) along the City's major boulevards, referred to as districts, centers, and mixed-use boulevards.

Objective 3.7: Provide for stability and enhancement of multi-family residential neighborhoods and allow for growth in areas where there is sufficient public infrastructure and services and the resident's quality of life can be maintained or improved.

Policy 3.7.4: Improve the quality of new multi-family dwelling units.

Variances are technical issues, which are not specifically addressed in the Community Plan or in other elements of the General Plan. As discussed, the proposed development is consistent with the Housing Element as it encourages the preservation and enhancement of quality residential neighborhoods in the City and increases the housing stock. The project will create a high-quality residential development that offers much-needed housing to the neighborhood, promotes safety by deterring crime through architectural features (i.e., windows, balconies and porches), better utilizes the project site by improving the land use and character of the existing neighborhood, provides a 24-hour livelihood for the area, ultimately, reinvigorating the area with pedestrian activity, improving urban life, and creating strong interaction and vitality to the existing neighborhood. Furthermore, the project’s proximity to bus lines along Temple Street and Alvarado Street create opportunities for its residents and employees to take advantage of transit opportunities while reducing congestion and parking issues in the area. Utilizing available transit will foster pedestrian activity, while reinvigorating the area to create linkages with areas surrounding the neighborhood. Density


Granting the proposed adjustment to the density provisions is in conformance with the intent and purposes of the General Plan. The Westlake Community Plan designates the project site as Highway Oriented Commercial, and is in the process of being updated. The Community Planning Bureau has stated it envisions a walkable development that provides jobs and housing on the subject site. The Housing Element of the General Plan also states the goal of providing an adequate supply of home ownership and rental housing that is safe, healthy, sanitary and affordable to people of all income levels, races, ages, and suitable for their various needs. The granting of the adjustment will lead to a development that will provide new home ownership opportunities with an infill development that would replace an underutilized site with much needed housing. The development will also provide housing for different household sizes and income levels. The size of the units within the development will range from one-bedroom units to three bedroom units for Lot 1, while the development on Lot 2 will provide affordable housing units with similar floor plans to low income households. The Housing Element also addresses safe, livable, and sustainable neighborhoods as a goal. The granting of the adjustment will allow for and retail uses and housing that replaces the vacant buildings. These proposed uses would deter graffiti and crime, while encouraging safety and pedestrian activity, and creating a livable development. The mix of retail and housing the development brings also contributes to balancing the jobs to housing ratio, which would contribute to lowering congestion, and create more jobs.

9. Site Plan Review Findings. Pursuant to Section 16.05-F of the Municipal Code:

a. That the project complies with all applicable provisions of this Code and any

applicable specific plan.

In accordance with LAMC Sections 12.09.1 and 12.11, the Project uses are permitted within the C2 and RD1.5 zones. The C2 zone permits residential and commercial uses, while the RD1.5-1 zone allows for residential uses. The project will include a zone change for Lot 1 which has a split zoning of C2-1 and P-1. Lot 2 is zoned RD1.5-1, and has a Highway Oriented Commercial and Low Medium land use designation. The Project does not strictly comply with the density of the RD1.5-1 zone. Accordingly, the applicant seeks a density increase in excess of 25 percent, or 28 units in excess of 18 units through a Public Benefits project since the project will provide a 100 percent affordable housing project, and a Zoning Administrator’s Adjustment to permit an increase from 179 units to 202 units. The Project, as proposed, also requires a zone change and a site plan review. With the granting of the requested entitlements, the Project, as conditioned, complies with the applicable regulations, standards, and provisions of the Municipal Code. The site is not located within a Specific Plan.

b. That the project is consistent with the General Plan.


The project will be consistent with the General Plan. Objectives of the General Plan include the following: “Objective 1 To coordinate and harmonize the development of the Westlake Community with other parts of the City of Los Angeles within the framework of the General Plan.” “Objective 3 To designate a supply of residential land adequate to provide housing of the types, sizes and densities required to satisfy the varying needs and desires of all segments of the community’s population.” "Objective 4: To provide a supply of commercial land adequate to meet both regional and community needs, and to regulate the locations, types and intensities of commercial uses so as to assure their compatibility with other land uses." “Objective 8: To improve aesthetic, economic, and social environment of the community.” “Objective 9: To eliminate and prevent the spread of blight and deterioration; and to conserve and rehabilitate, renew and redevelop the various parts of the community, as needed.” The Land Use chapter of the Framework Element identifies objectives and supporting policies relevant to the project site. Those objectives and policies seek, in part, to provide for the stability and enhancement of multi-family residential neighborhoods. The project would add a total of 248 residential units, where 46 units would be affordable rental units. The project would also be an infill project that would not remove any existing housing units since the site is presently developed with vacant buildings used for light manufacturing purposes. The project would provide a mix of one- to three- bedroom units to accommodate different household sizes thus meeting the goals and objectives of the Housing Element. The Project will bring a large number of housing units to the Westlake area, provide a choice in housing for various income and age groups, promote a pedestrian-oriented development and further the development of sound residential neighborhoods through public improvement and sensitive infill housing.

c. That the project is consistent with any applicable adopted redevelopment plan. The project is not located within any applicable adopted redevelopment plan.

d. That the project consists of an arrangement of buildings and structures (including

height, bulk and setbacks), off-street parking facilities, loading areas, lighting, landscaping, trash collections, and other such pertinent improvements, which is not or will not be compatible with existing and future development on neighboring properties.

The project consists of pertinent improvements that will be compatible with the existing and future developments on the neighboring properties. Adjacent uses include the Luzon Plaza which consists of offices and retails to the north across


Temple Street, multi-family dwellings and a church to the east across Bonnie Brae Street, multi-family dwellings and an office to the west across Westlake Avenue, and single-family residences and a church to the south across Court Street. Walkability along Temple Street will include ground-level retail stores within Building A along Temple Street. These retail stores will partially wrap around onto Bonnie Brae Street and Westlake Avenue. The retail uses will be differentiated from the residential uses above. Building A will be designed to include large storefront and display windows to allow views into and out of the interior use. Entrances will be located at street level, and will be differentiated from the residential uses above. Pedestrian entrances will be located from Temple Street and from the parking structure. There will be no vehicle entry from Temple Street to ensure smooth pedestrian circulation and safety. The sidewalk along Temple Street will be 12 feet wide to encourage pedestrian activity. Walkability along Bonnie Brae Street will include variations in the façade along with windows and balconies that face Bonnie Brae Street. There will not be long stretches of solid continuous walls, and the floors above the first floor will be differentiated from each other. The first level will include a parking garage and a drop off area. Building B will include three vehicular entrances located along Bonnie Brae Street. The project will incorporate trees above ground-level parking and allow pedestrian circulation between Buildings B and D to reduce the perception of a long continuous block on Bonnie Brae Street. The sidewalk along the Bonnie Brae Street will be 12 feet wide to encourage pedestrian activity. Similar to walkability along Bonnie Brae Street, walkability along Westlake Avenue will include variations in the façade along with windows and balconies that face Westlake Avenue. Trees will be planted above ground-level. Pedestrian access onto the site will exist between Buildings C and D. The sidewalk along Westlake Avenue will be 12 feet wide. Walkability along Court Street will include frontage facing Court Street. The ground level along the east portion of the will be utilized for parking. The project does not include long stretches of a non-continuous wall. The building façade along the front will be varied. The front will include landscaped open areas that provide a buffer from the Court Street. The sidewalk along Court Street will be 12 feet wide to encourage pedestrian activity. Within the development, residents will be able to access a courtyard and front entrances for Buildings B and C. The development will include a 20- to 28-foot walk path that runs through the site in the east to west direction. This path will allow for pedestrian access onto the site from Bonnie Brae Street and Westlake Avenue. From the walk path, residents will be able to access a courtyard and lobby entrances to Buildings A, B, and C. This path along with the courtyard area will be landscaped and have adequate lighting.


Building A will be accessible from the south side of the building and from the parking structure. These will be separated from the retail entry on Temple Street. Residents will also be able to enter through small staircases located on the northwest and northeast corners of Building A. residents will be able to enter Building B through an entry facing Bonnie Brae Street, and from the courtyard located at the internal portions of the site. Residents will be able to enter Building C through an entry on from the courtyard. Building D will have a front entry facing Court Street. The following project elements will be designed in a manner which is most compatible both with existing and future development on the Property and on neighboring properties.

(1) Building Design. The proposed condominium component will consist of

202 residential units within three detached buildings. Building A will be a nine-story tower with 88 units facing Temple Street. The gross floor area for Building A is 144,536 square feet with a proposed height of 126 feet.

Building B will have 60 units and will face Westlake Avenue. The gross area is 70,660 square feet with a height of 100 feet 8 inches.

Building C will have 54 units and will face Bonnie Brae. The gross area is 69,564 with a height of 88 feet 8 inches.

Open space for each unit is represented through the inclusion of either balconies or patios as well as green and recreational areas through out the complex. The mix of units will be 48 one bedroom units (average of 810 sq. ft.), 114 two bedroom units (average of 1,200 sq. ft.) and 40 three bedroom (average of 1,350 sq. ft.) units. Parking will be provided in a subterranean parking structure for the condominium units in the amount of 433 spaces. Each unit will include a living room and an adjacent dining area. In addition, each unit will incorporate a master bedroom suite with a master bath and walk-in closet. Each unit will include its own washer and dryer. All units will be supplied with energy efficient kitchen equipment and utilities. Amenities to the building include common area rooms for meetings and events, a large swimming pool and sun deck along with access to plazas and courtyards throughout the complex. The retail component will include approximately 21,236 square feet of retail space located on the first floor of the nine story building Condominium Building A. The developer will seek both regional and national tenants including restaurants, a pharmacy, a café, a bank and a bookstore. The retail space will also provide necessary services and commercial amenities for the residents. The affordable housing component consists of 46 affordable rental units and 71 parking spaces. The building will face Court Street and will have a gross square footage of 55,227 and a height of 57 feet. The affordable unit mix is: 8 one- bedroom, 33 two- bedrooms, and 5three- bedrooms. The average size of each unit will be 700 square feet for the one bedroom units, 980 square feet for the two bedrooms and 1,120 square feet for the three bedroom units. The project will include amenities such as balconies, courtyards and plazas. There will be


laundry facilities for the tenants, an elevator, security, and direct parking access. In addition there will be a 2,500 square foot community center located on the first floor the building. These offices will house Search to Involve Pilipino Americans and other community based organizations that will provide free social services and other free programming directly to the residents and the surrounding community. Future similar developments are expected as the planned densities are effectuated parcel by parcel, and as properties are redeveloped. The existing height district allows for unlimited height for developments within Lot 1 and 45 feet for developments within Lot 2. Future developments are expected to comply with the underlying zoning regulations. The Public Benefits performance standards also help to ensure that parking, lighting, and other improvements are addressed for the subject project.

(2) Parking Facilities. The project will provide parking for residents, patrons,

and retailers within a subterranean garage. Code required retail parking on site will be provided through a surface lot as well as within a subterranean structure in the amount of 93 spaces.

(3) Loading Areas. Loading areas for commercial uses will be located along the east portion of the site near the retail uses. This will allow for loading to occur away from residential uses and to ease circulation for residents.

(4) Lighting. The Project will use energy-efficient, low intensity bulbs that will

provide illumination on street level for security purposes. All lighting on the upper levels will be shielded and focused on the project site and directed away from the neighboring land uses. Therefore, the project will not result in a substantial amount of light that would adversely affect the day or night time views in the project vicinity.

(5) Landscaping. The project will provide landscaping along the pedestrian

paths, the front yards of Building D, within the courtyards, the rooftops, and just above the ground levels. Landscaping will also be provided along the streets in order to promote a pleasant experience for pedestrian movement along Court Street, Bonnie Brae Street, and Westlake Avenue. Landscaped open space, as required by the LAMC, will be provided in planters and in the ground.

(6) Trash Collection Service. The project will provide trash collection within

the garage of each building. The location of trash collecting areas will allow for ample space for trash collection and to minimize traffic on Bonnie Brae Street, Westlake Avenue, and Court Street.

e. That the project incorporates feasible mitigation measures, monitoring measures

when necessary or alternatives identified in the environmental review which would substantially lessen the significant environment effects of the project, and/or additional findings as may be required by CEQA.

The project will address all mitigation measures set forth in ENV-2007-5038-MND, as necessary to assure compliance with the environmental review and to minimize the effect of aesthetics, biological resources, cultural resources, geology/soils, hazards & hazardous materials, hydrology and water quality, land use/planning, noise, public services, recreation, transportation/traffic, and utilities.


A traffic study, dated January 2008 and prepared by Overland Traffic Consultants, Inc., assessed project impacts and cumulative impacts on 12 intersections within the study area. The traffic study analyzed future traffic conditions with the project, and indicated that traffic growth by the project would not significantly impact the study area. On July 15, 2008, the Department of Transportation issued a letter stating the department had reviewed the traffic study and concurred with the study’s assessment that the 12 study intersections would not significantly be impacted by the project.

f. That any project containing residential uses provides its residents with

appropriate type and placement of recreational facilities and service amenities in order to improve habitability for the residents and minimize impacts on neighboring properties where appropriate.

The project provides appropriate recreational facilities both inside and outside for use in various weather conditions. The project will be designed to have commercial uses at ground level. The mixed-use development combines housing, shops, office, and community facilities. Other amenities to the building include a large swimming pool and spa and sun deck along with access to plazas and courtyards throughout the complex. Fire pits, playgrounds, water feature, exercise rooms and pedestrian paths will also be included as recreational amenities for its residents.All residential units will incorporate views of either the garden areas or the City skyline. Open space for each unit is represented through the inclusion of either balconies or patios as well as green and recreational areas through out the complex.

10. The approval of the requested zone change, height district change, zoning administrator’s adjustments has been made contingent upon compliance with the 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.

11. FINDINGS OF FACT (CEQA) A Mitigated Negative Declaration, ENV-2007-5038-MND, was prepared to analyze the potential environmental effects that could result from the construction and operation of the project. The MND identified mitigation measures which would mitigate the negative environmental effects of the project. The mitigation measures are incorporated in the Conditions of Approval for the recommended Zone Change, Public Benefits project, a Zoning Administrator’s Adjustment, and Site Plan Review. On October 15, 2008, the Department of City Planning issued a reconsideration to ENV-2007-5038-MND. It was determined that the impacts from the zone variance would not create an impact greater than what was assessed in ENV-2007-5038-MND. On the basis of the whole of the record before the Department of City Planning, the lead agency, including any comments received, the lead agency found 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.


For the reasons set forth in the ENV-2007-5038-MND, the project will not have a significant effect on the environment. The attached Mitigation Negative Declaration reflects the lead agency’s independent judgment and analysis. The site is presently developed with three vacant industrial/warehouse structures. The proposed project consists of the removal of all structures for the construction of four buildings for a total of 248 residential units, and 21,366 net square feet of retail. The custodian of the documents or other material which constitute the record of proceedings upon which the Advisory Agency’s decision is based are located with the City of Los Angeles, Planning Department located at 200 North Spring Street, Room 750, Los Angeles, California 90012.

CPC-2007-5307-ZC-PUB-ZV-ZAA-SPR P-1

PUBLIC HEARING AND COMMUNICATIONS Summary of Public Hearing Testimony and Communications Received

The Public Hearing on this matter was held at Los Angeles City Hall, 200 North Spring Street, 10th Floor, Room 1020, Los Angeles, CA 90012 on Wednesday, July 23, 2008 at 11:00 AM. 1. Present: Approximately twenty-five people attended: The applicant and team members,

a representative from Mayor’s Office, members from Community Organizations, and neighbors.

2. Public Speakers: 3 in support; 0 in opposition. 3. The first speaker, representing the Office of Councilmember Eric Garcetti, stated the

Councilmember’s support for the project. It was stated that the council office has worked with the developer for the past several years to resolve several issues, including the building’s height. The representative also noted the project housing mixed-income households, the affordable housing component, and partnership between the developer and two non-profit organizations.

The second speaker identified himself as the President of the Historic Filipino Improvement Association, Vice-President of the Historic Filipino Neighborhood Council, and Vice-President of the Greater Echo Park Elysian Neighborhood Council. The speaker stated his organizations’ support for the project. He also stated the project would be a starting point for Historic Filipinotown, and would help redevelop and bring a new renaissance to the area. The third speaker, a representative of Search to Involve Philipino Americans and resident of the area, stated support for the project. The final speaker, a resident of the area, only expressed concerns for the project. This speaker stated no opposition to the project but identified the area as not having the infrastructure to support the project. Also, traffic conditions on Temple Street were stated as a concern since it has been used as an alternate route for the 101 Freeway. The subject project along with an ongoing one at Burlington Street would create significant traffic in the area.

4. Organizations testifying in SUPPORT: Search for Philipino Americans, Historic Filipino Improvement Association, Historic Filipino Neighborhood Council, and the Greater Echo Park Elysian Neighborhood Council

Organizations testifying in OPPOSITION: None 5. Communications Received

a. Petitions – Support: three - Local neighbors (16 names) - Tenants of Villa Ramos I & II (17 names) - AGS – Adult Health Care Center (31 names)

Petitions – Opposition: None.


b. Letters – Support: 17. - Chanchanit Martorell, Thai Community Development Center - Jose Sigala, The Greater Echo Park Elysian Neighborhood Council - Lourdes Aquino, Burlington Community Services and Housing

Development - Cecilia Ramos, Historic Filipinotown Neighborhood Council - Aquilina Soriano Versoza, Pilipino Workers Center of Southern California - Jonathan Ramos, Burlington School - Hak Gyu Choi, Water Depot - Carlos Alpuerto, AGS Adult Healthcare - Jorge Marroquin, Amigo Coin Laundry - Sonia Melaya, Hair Design - Elmer Q. Nuyda, Kapistahan Restaurant - Gloria Berrios, El Majahual Restaurant - Norma Abapo, Norma’s Income Tax & Bookkeeping Services - Jorge Burga, G & K Insurance - Robert Mejia, Roblin Cosmetics - Sam Kirk, Children’s Institute International,

Letters – Opposition: 0. Letters – Concerns, other

- Phyllis Daugherty, neighbor Hearing Officer Comments The proposed project is a mixed-use project located on Temple Street between Westlake Avenue and Bonnie Brae Street. The site is presently developed with a three vacant industrial/warehouse buildings. The addition of 248 residential units and 21,236 square feet of retail is ideally situated in this underutilized area. Located two blocks east of Alvarado Street and Temple Street, the site has is near several bus lines that run along Temple Street and Alvarado Street. Traffic and safety were the main issues raised at the hearing. A neighbor spoke of recent accidents that occurred along Temple Street. She stated accidents have increased recently, and raised concerns of the area’s capacity to support this kind of development. The same neighbor also wrote a letter after the hearing to state the following concerns:

1) The area is filled with gangs, graffiti and crime. The area is not safe for this type of development.

2) The area would be unsightly for the new occupants of the development, especially for those facing the north.

3) There is no accessible parking for the retail businesses of the project. Temple Street is a busy street, and would be difficult to turn into the development.

4) There is no local shopping in the area and none planned any time soon. 5) Streets in the area are gridlocked at rush hour and often on weekends. No more cars

should exit toward Temple Street because they will be subject to impact from those who speed down the hill and those who make quick turns from Temple Street.

The neighbor assesses the area’s condition as blighted with high criminal and graffiti activity. The project would be an improvement from the existing vacant buildings as a presence is created in the area. The proposed project would bring more people, housing, especially affordable housing, and much-needed shopping to the area.


The site is appropriate for a project of this size. The project itself will be in conformance with the Westlake Community Plan’s objectives and land use designation. The Westlake Community Plan is currently being updated. The Community Planning Bureau has envisioned the project site to include housing and a use that generates jobs. The southern portion of the site, also known as Lot 2, proposes 46 units, which exceeds the present zoning of the site. As such, the applicant has requested a Zoning Administrator’s Adjustment for density. Under the density bonus scenario, the project could qualify for a total of 22 units on that portion of the site. The project has received support from several organizations, including the Greater Echo Park Elysian Neighborhood Council, Historic Filipinotown Neighborhood Council, and the Thai Community Development Center, the Burlington Community Services and Housing Development, the Burlington School, and local community service organizations and businesses. The applicant has worked closely with Council District 13 to revise the project to lowering the height and improving the design of the buildings. Description of Exhibits Exhibit E-1 Maps Exhibit E-2 Plans Exhibit E-3 Environmental Clearance, Traffic Study and Reconsideration Exhibit E-4 Reports Received Exhibit E-5 Communication to City Planning Commission

department of city planningcityplanning.lacity.org/staffrpt/initialrpts/cpc-2007... · ·...

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