department of city planning - los...

DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT

City Planning Commission Date: July 24, 2008 Time: After 8:30 a.m. Place: Van Nuys City Hall

Council Chambers, Second Floor 14410 Sylvan Street, Room 201, Council Chamber Van Nuys CA 91401

Public Hearing: February 12, 2007 Appeal Status: General Plan Amendment is not

appealable, Zone Change and Height District are appealable by applicant only if denied, Conditional use & Site Plan Review are appealable.

Expiration Date: July 24, 2008 Multiple Approval:

Case No.: CPC 2005-4304-ZC-GPA-HD-CU-SPR

CEQA No.: ENV-2005-3101-MND(REC) Incidental Cases: Related Cases: Vesting Tentative Tract No.

65968 Council No.: 5 Plan Area: Encino-Tarzana Specific Plan: None Certified NC: Encino GPLU: Low I and Low II Residential Zone: R1

Applicant: Douglas Teiger, Abramson Teiger Architects

Representative: George Mihlsten, Latham and Watkins

PROJECT LOCATION:

4949 Balboa Boulevard

PROPOSED PROJECT:

Demolition of a single-family dwelling and detached garage, and the construction of 66 condominium units, approximately 57 feet in height, with 132 semi-subterranean and above ground parking spaces for residents and 100 parking spaces for church related activities, including 33 condominium guest spaces (232 total parking spaces) on a 52,978 square foot portion of a 1.2 acre site. (Note: Vesting Tentative Tract No. 65968 has been filed for condominium purposes and will require a separate hearing before the Advisory Agency at a later date.)

REQUESTED ACTION:

1. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment (Periodic Plan Review for Window No. 160, Geographic Area 4) to the Encino – Tarzana Community Plan from Low I and Low II Residential Density to Medium Density Residential.

2. Pursuant to Section 12.32 of the Municipal Code, a Zone Change from R1 (One-Family Zone) to R3 (Multiple Dwelling Zone).

3. Pursuant to Section 12.32 of the Municipal Code, a Height District Change from Height

District 1 (maximum three stories or 45 feet) to Height District 1L (maximum six stories or 75 feet).

4. Pursuant to Section 12.24 N of the Municipal Code, a Conditional Use to permit a

reduction of a previously approved church site (approved under Case Nos. CPC-2416 and CPC-9832).

CPC 2005-4304-ZC-GPA-HD-CU-SPR

5. Pursuant to Section 16.05 of the Municipal Code, Site Plan Review approval for projects which result in an increase of 50 or more dwelling units.

RECOMMENDED ACTIONS: 1. Approve and recommend that the City Council adopt the General Plan Amendment from Low I and Low

II Residential Density to Medium Density Residential, for the subject property; 2. Approve and recommend that the City Council approve the Zone Change from R1-1 to (T)(Q)R3-1 for a

portion of the subject property, with the attached conditions of approval; 3. Dismiss and recommend that the City Council dismiss a Height District Change from Height District 1

(maximum three stories or 45 feet) to Height District 1L (maximum six stories or 75 feet); 4. Approve a Conditional Use to permit a reduction of a previously approved church site (approved under

Case Nos. CPC 2416 and CPC 9832), with the attached conditions of approval; 5. Approve Site Plan Review for projects which result in an increase of 50 or more dwelling units, with the

attached conditions of approval; 6. Adopt Mitigated Negative Declaration No 2005-3101; 7. Adopt the attached Findings; 8. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City

shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

S. GAIL GOLDBERG, AICP Director of Planning Daniel Scott, Principal City Planner Robert Z. Duenas, Senior City Planner Franklin N. Quon, City Planner Telephone: (818) 374-5036

TABLE OF CONTENTS

Project Analysis ........................................................................................................ A-1 Project Summary Background Issues Conclusion (Q) Qualified Conditions of Approval ...................................................................... Q-1 (T) Conditions.............................................................................................................T-1 Conditions of Approval............................................................................................. C-1 Findings ......................................................................................................................F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications.......................................................................P-1 Exhibits: A – Maps

A1 – Vicinity Map A2 – Radius Map A3 – Existing Plan Map A4 – Existing Zone Map A5 – Proposed Plan Map B - Plans

B1 – Site Plan B2 – Elevation Plan B3 – Landscape Plan C – Environmental Clearance D – Applicant’s Height District Request withdrawal letter E – Encino Neighborhood Council letter

CPC 2005-4304-ZC-GPA-HD-CU-SPR A-1

PROJECT ANALYSIS Project Summary Since the original submission, the project has been downscaled from the original 66 units and 57 feet high. The revised condominium project includes 62 condominium units, 3 stories, 45 feet in height. Parking will be provided with 2 levels of subterranean parking garage having a total of 238 spaces, including 129 spaces for the condominiums, 26 for condominium guests, and 83 unassigned spaces to accommodate church parking. Staff notes that the applicant has revised the subject plans as a result of further discussion with the Encino Neighborhood Council over the past year while the case was on hold at the request of the applicant. A letter from the Encino Neighborhood Council indicates their support of the revised project. The project now complies with the zoning requirements of the proposed R3-1 zone. Parking assignments are identified for the various uses. Open space is properly identified on the plans provided. Vehicular access is only available from Balboa Blvd. A tentative tract map for condominium purposes has been filed and will require a separate hearing before the Deputy Advisory Agency. Staff reviewed the proposal against the current community plan, zoning map, and adjacent provisions of the Ventura/Cahuenga Corridor Specific Plan. The overall area west of Balboa Boulevard is identified to have variable height scales equating from 30 to 45 feet in height via various height provisions. Moreover, because the area is a mix of community based uses (i.e. public school, park, fire station, community center, multiple-family and single-family dwellings), it is prudent to establish a sensitive density limitation. Staff came to the conclusion that the 45 feet and the density levels will be consistent with other similar General Plan Amendment and Zone Change cases that have occurred on the immediate block northerly of the site. Staff recommends approval of the General Plan Amendment to Medium Residential and zone change to (T)(Q)R3-1 to make for an acceptable transition with respect to the established height, scenic highway, and critical Ventura boulevard requirements. Further, there should be no height district change for compatibility reasons and the applicant has requested withdrawal of this entitlement.

Background

The subject property is a flat irregular shaped, 93,750 square foot site having frontage on Balboa Boulevard, Addison Street, and Paso Robles Avenue. The site is developed with a church and Sunday school. Only a 52,952 square foot portion of the lot is requested for zone change. Its current zone is R1-1 with a Low I and Low II Residential designation with a House of Worship symbol. Surrounding properties are as follows: Across Addison Street to the north is a vacant fire station and an elementary school in the R1-1 and [Q]PF-1XL Zones and designated Public Facility. Across Balboa Boulevard to the east is a fire station in the R1-1 Zone, designated Low II Residential, with a Power Distributing Station symbol. The area abutting to the south, is developed with community center in the [Q]PF-1XL Zone and commercial uses in the R1-1 and, designated Low I and Public Facility and Low I Residential, respectively. Across Paso Robles Avenue to the west is a public park in the OS-1XL Zone, designated Open Space. Street Designations:


Balboa Boulevard is dedicated to a 100-foot width and is designated as a Major Highway – Class II. Addison Street is dedicated to a 60-foot width and designated as a Local Street. Paso Robles Avenue is dedicated to a 60-foot width and designated as a Local Street. Related Cases: Vesting Tentative Tract No. 65968 has been filed for a 66-unit residential condominium and will require a separate hearing before the Advisory Agency at a later date. CPC 9832: Conditional use for expansion of a church site (parking, recreational and education buildings) over 12 contiguous lots on the subject property. The request was conditionally approved on July 2, 1959. A Plan Approval application to add approximately 1,100 square feet to the church and exterior covered walk ways was approved on March 4, 1983 by an Associate Zoning Administrator. An Approval of Plans application to change the use and occupancy of 2nd floor school building from a Sunday school to daycare facility was approved on March 23, 1990. CPC 2416: Conditional use approval for the establishment of a church and Sunday school with a parking lot on the subject property on March 18, 1949. Approval of Plans for a Sunday school building on the subject property at the southeast corner of Paso Robles Avenue and Addison Street was approved May 22, 1957. Ordinance No. 106,262: Establishment of a 20-foot building line on the west side of Balboa Boulevard adjacent to the subject property was approved by the City Council on September 23, 1955. CPC 2005-9489-GPA-ZC-BL: General Plan Amendment, Zone Change, and building line removal for an amendment to Low II to Medium Residential, R1-1 to (T)(Q)R3-1, and removal of a 20-foot building line for a site north of the subject property. Conditions allow a height of 45 feet. Approved by City Council on December 12, 2006. Ordinance Nos. 178,179 and 178,180 became effective on February 12, 2007. Reports Received: Prior to the completion of the Hearing Officer’s report one letter were received from other city agencies. The Bureau of Street Lighting recommends the construction of 3 new street lights on Paso Robles Avenue and 2 street lights on Addison Street. If street widening occurs on Balboa Boulevard, relocate and upgrade of 3 street lights will be necessary. Further, arrangements shall be made to assure the property be formed or annexed into a Street Lighting Maintenance Assessment District. Recently, a letter from the Encino Neighborhood Council was received that indicated their support for the revised application including 62 condominium units for the subject property. The Neighborhood council voted 13-3 in favor of the project. They note that the applicant’s revisions now comply with the height and parking requirements. Hearing Officer Comments: The most recent revised plans (received on 5-30-08) generally identified a downscaled project from the original version. The density is reduced to 62 condominium units from 66 units. The maximum height of 57 feet is reduced to 45 feet and complies with the existing zone height


requirements. For this reason, the applicant has requested a withdrawal of the height district request from HD1 to HD1L. Parking for residential units is proposed at 2 spaces per unit and ½-space parking per unit will be reserved for guest. Additionally, 83 parking spaces will be retained for church parking, for a total of 238 parking spaces. Parking is planned within 2 subterranean levels with a total of 238 spaces for the development. Assignments were identified for the various uses (residential, guest, or church) with the residential and some guest parking on the lowest parking level and church and the remaining residential guest parking on the upper level. Tandem resident parking is appropriately designed. Church parking is also laid out in tandem, however, a condition of approval requiring a full-time parking attendant is recommended to address its functionality, in accordance with the LAMC. Vehicular access is provided from Balboa Boulevard via a “U” shaped driveway that leads to the subterranean parking garage levels. Pedestrians may access the building from Balboa Boulevard or Paso Robles Avenue. Front yards will meet or exceed the LAMC at 15 feet along Paso Robles Avenue and 39 feet along Balboa Boulevard. Similarly, the proposed side yards will comply at 7 feet. The plans identify the location of common open space that is centralized on the first living level as a courtyard, recreation room, rear yard, and on the roof deck. Private areas are composed of patios/balconies for 58 units. The application notes the project as having 9,225 square feet of private open space required and 10,625 square feet as provided. The “Existing Tree Map” notes that at least 8 Coastal Live Oak trees, 2 Sycamores, 9 unidentified, 2 Citrus, and one Jacaranda tree are on the subject property. Approximately 13 trees are to be removed as a result of the project. The appropriate tree replacement conditions are included as environmental conditions. Storage rooms within the lower parking garage level are designated for trash/recycling areas. Staff reviewed the project for compliance with the “Walkability Checklist”. Configuration of the buildings and access points provide sufficient articulation of the site’s layout. Placement of landscaping and varying materials and colors create multiple forms and dimension consistent with the checklist. The existing planning and zoning in the vicinity includes a multitude of designations within an area of community activity. Its location is near the intersection of Balboa and Ventura Boulevards, an intersection of 2 major highways. Effectively, its proximity to transit lines would lend this area to medium densities. The scale and massing of the building is substantial and is not comparable to any existing surrounding buildings or future buildings. Further, all zones and height districts limit adjacent buildings to 30 to 45 feet in height. Due to the low scale height established in the surrounding area, staff cannot support the increase in the height district. The Commission should consider a maximum height range of 36 to 45 feet as realistic due to the adjacent scale of buildings and height districts. Single family uses in the adjacent R1 zones may not exceed 36 feet as opposed to 45 feet that the existing height district permits. Further, Ventura Boulevard is designated a Scenic Highway that notably provides vistas of streets and views of the Santa Monica Mountains. The Ventura Boulevard Specific Plan height limit is 30 feet in the immediate vicinity (within 100 feet to the south). The 45-foot) height would not directly impact the scenic quality enjoyed on Ventura Boulevard as the site is situated with enough distance that overall height would appear diminished. No DOT comments were received nor did the environmental clearance recommend any mitigations to vehicle trips generated by the project.


A General Plan Amendment to the Medium designation over the subject property will allow the Commission the ability to work with the corresponding zone of R3. The property is of a significant size and is located in the midst of other public facility and open space uses. These community based services generate moderate activity. Medium density uses adjacent to this vicinity is not uncommon in other parts of the Valley. Locating the Medium density to this area is logical due to existing proximity to the intersection of 2 major highways that accommodate transit (bus lines). The overall zone change request of 93,750 square feet to the R3 zone would allow potentially up to 117 dwelling units (including the existing church area). The project area alone will only permit up to 66 dwelling units within 52,952 square feet of land area in comparison to 14 single-family units currently permitted by the R1 zone (There are approximately 14 existing subdivided lots over the project area.) The proposal will encroach into a Low I and Low II Residential and R1 Zone. The density must be reduced to a level that progressively increases from one dwelling for each 5,000 square feet of lot area. The depth and size of the subject property makes a logical reason to promote a multiple family project. Staff suggests that the appropriate level is 44 dwellings by conditioning the project to a limit of 1 dwelling for each 1,200 square feet within the R3 zone. Constituting a reduction of 33 percent of the applicant’s proposal, this would coincide with a lower scale project which will enhance common open space and additional guest parking. Condominiums would allow ownership units, a positive point to the neighborhood. Further, staff recommends only a zone change for the development site of approximately 53,000 square feet – the portion scheduled for construction of the condominium project. The remaining portion of the site occupied by the church use is recommended to remain as R1-1 zoning. The environmental review only analyzed a project having a maximum of 66 dwelling units with the church use. Should the church become defunct and razed for development, another entitlement request for zone change must be filed. Height District change to designation which permits more than 45 feet will be inconsistent with the policy of the Encino-Tarzana Community Plan and Ventura Boulevard Specific Plan. As noted above, the immediate area is regulated by heights established by relatively low height districts of 1 and 1XL would be in conflict with other development. The applicant has withdrawn the requested height district change. Staff recommends the Commission dismiss the entitlement request. Reduction of Conditional use area is an appropriate request to allow an alternative development to the underutilized church property. Multiple-family development, at an appropriate density and scale, will be acceptable to this neighborhood. The existing Conditional use entitlement must be continued and existing conditions remain intact. Additional conditions are recommended to assure operational conformity to the neighborhood. Site Plan Review findings can be made for the revised plans that were reduced in height and density. The scale is consistent with other existing and future multiple-family projects in the neighborhood. Plans submitted by the applicant incorporated the open space, landscaping amenities, and functional features that are required by the Site Plan Review code standards. Issues The project opponents’ concerns include excessive scale, traffic, on-street parking congestion and reduction of the quality of life can be addressed by reducing the density and massing to an acceptable level as noted above. Conclusion


The proposed General Plan Amendment to Medium Residential on the subject property would create a logical land use boundary for the subject block. The recommended (T)(Q)R3-1 Zone is consistent with the subject plan amendment. The action will allow a proper transition from surrounding developments to the east and other public uses to the west, north, and south. Staff’s evaluation of the project is that revised plans produce a better project that would work in this neighborhood. Staff recommends the project be developed in accordance with the revised plans. The building will be in scale with most other development adjacent to the site therefore, Site Plan Review is recommended for approval. Further, no change in Height District is needed or recommended.

CPC 2005-4304-ZC-GPA-HD-CU-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. Development Conditions:

1. Use. The property shall be limited to the use and area provisions of the R3-1 Zone. 2. Density. The density shall not exceed 62 units, on the property boundaries described

on Exhibit B-1, dated May 30, 2008. 3. Height: The project shall not exceed 45 feet in height, as defined by Section 12.21.1

B.3 of the Los Angeles Municipal Code. Any structures on the roof, such as air condition units and other equipment, shall be fully screened from view of any single family uses.

4. Plan: Prior to the issuance of building permits, submit detailed development plans,

including a complete landscape and irrigation plan in compliance with the conditions of approval herein, to the satisfaction of the Planning Department.

5. Parking: The project shall provide a minimum of 2 parking spaces per unit and 1/2

guest parking space per unit and other parking needs as required by the LAMC or appurtenant Case No. CPC 9832 for the church use. The applicant shall comply with the following: a. Tandem parking may be used only for the spaces that are assigned and designated

for a single residential unit. b. Guest parking signs shall be clearly posted at building entrances. The signs shall be

in large, easy to read lettering and shall indicate the general location of guest parking. Sign wording shall be to the satisfaction of the Planning Department and shall indicate the number of reserved guest parking spaces.

c. If any guest parking is located behind security gates, the following shall be apply: i. A remote electronic gate opening system shall be installed so that the security

gate can be opened from each residential unit served by the secured guest parking.

ii. An electronic intercommunication system shall be installed. The system shall be readily accessible to the drivers of guest vehicles and to the units served by the secured guest parking.

iii. The security gate shall be set back at least 20 feet from the public right-of-way so as to provide a waiting are for guest vehicles and to prohibit blockage or interference with the public right-of way by waiting guest vehicles.

iv. Alternatives to the provisions of this condition may be approved by the Planning Department provided that the intent of readily accessible guest parking facilities and no interference with the public right-of-way is assured.

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

source cannot be seen from adjacent residential properties. 7. Wall. A 6-foot high solid decorative masonry wall shall be constructed adjacent to the

property to the south and north, if no such wall exists. 8. Public Services (Street Improvements Not Required by DOT): The project shall

comply with the Bureau of Engineering’s requirements for street dedications and


improvements that will reduce traffic impacts in direct portion to those caused by the proposed project’s implementation.

B. Environmental Conditions:

1. Aesthetics (Landscaping). All open areas not used for buildings, driveways, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan, including an automatic irrigation plan, prepared by a licensed landscape architect to the satisfaction of the decision maker.

2. Aesthetics (Graffiti). Every building, structure, or portion thereof, shall be maintained in

a safe and sanitary condition and good repair, and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section 91.8104. The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91,8104.15.

3. Air Pollution (Residential). The applicant shall install air filters capable of achieving a

Minimum Efficiency Rating Value (MERV) of at least 8 or better in order to reduce the effects of diminished air quality on the occupants of the project.

4. Tree Removal (Locally Protected Species).

a. Prior to the issuance of a grading permit or building permit, the applicant shall submit a tree report and landscape plan prepared by a Municipal Code designated tree expert as designated by LAMC Ordinance No. 153,478, for approval by the decision maker and the Urban Forestry Division of the Bureau of Street Services.

b. A minimum of two trees (a minimum of 48-inch box in size if applicable) shall be planted for each one that is removed. The canopy of the trees planted shall be in proportion to the canopies of the trees removed by Ordinance No. 153,478, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker.

c. Note: All protected tree removals shall be approved by the Board of Public Works. Contact Urban Forestry Division at: 213-485-5675.

5. Tree Removal (Non-Protected Trees):

a. Prior to the issuance of a grading permit or building permit, a plot plan prepared by a reputable tree expert, indicating the location, size, type, and condition of all existing trees on the site shall be submitted for approval by the decision maker and the Urban Forestry Division of the Bureau of Street Services. All trees in the public right-of-way shall be provided per the current Urban Forestry Division standards.

b. The plan shall contain measures recommended by the tree expert for the preservation of as many trees as possible. Mitigation measures such as replacement by a minimum of 24-inch box trees in the parkway and on the site, on a 1:1 basis, shall be required for the unavoidable loss of desirable trees on the site, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker.

c. The genus or genera of the tree(s) shall provide a minimum crown of 30'-50'. Please refer to City of Los Angeles Landscape Ordinance (Ord. No. 170,978), Guidelines K - Vehicular Use Areas.

d. Note: Removal of all trees in the public right-of-way shall require approval of the Board of Public Works. Contact: Urban Forestry Division at: 213-485-5675.

6. Bonding (Oak Tree Survival): The applicant shall post a cash bond or other

assurances acceptable to the Bureau of Engineering in consultation with the Street Tree


Division and the decision maker guaranteeing the survival of trees required to be maintained, replaced or relocated in such a fashion as to assure the existence of continuously living trees for a minimum of three years from the date that the bond is posted or from the date such trees are replaced or relocated, whichever is longer. Any change of ownership shall require that the new owner post a new oak tree bond to the satisfaction of the Bureau of Engineering. Subsequently, the original owner=s oak tree bond may be exonerated. The City Engineer shall use the provisions of Section 17.08 as its procedural guide in satisfaction of said bond requirements and processing. Prior to exoneration of the bond, the owner of the property shall provide evidence satisfactory to the City Engineer and Street Tree Division that the oak trees were properly replaced, the date of the replacement and the survival of the replacement trees for a period of three years.

7. Cultural Resources (Archaeological):

a. If any archaeological materials are encountered during the course of the project development, the project shall be halted. The services of an archaeologist shall be secured by contacting the Center for Public Archaeology – Cal State University Fullerton, or a member of the Society of Professional Archaeologist (SOPA) or a SOPA-qualified archaeologist to assess the resources and evaluate the impact.

b. Copies of the archaeological survey, study or report shall be submitted to the UCLA Archaeological Information Center.

c. A covenant and agreement shall be recorded prior to obtaining a grading permit. 8. Haul Routes:

a. Projects involving the import/export of 1,000 cubic yards or more of dirt shall obtain haul route approval by the Department of Building and Safety.

b. The developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety.

c. Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive nuisances.

9. Erosion/Grading/Short-Term construction Impacts:

Air Quality a. All unpaved demolition and construction areas shall be wetted at least twice daily

during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent.

b. The owner or contractor shall keep the construction area sufficiently dampened to control dust caused by construction and hauling, and at all times provide reasonable control of dust caused by wind.

c. All loads shall be secured by trimming, watering, or other appropriate means to prevent spillage and dust.

d. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust.

e. All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust.

f. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.

Noise g. The project shall comply with the City of Los Angeles Noise Ordinance No. 144,331

and 161,574, and any subsequent ordinances, which prohibit the emission or


creation of noise beyond certain levels at adjacent uses unless technically infeasible. h. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm

Monday through Friday, and 8:00 am to 6:00 pm on Saturday. i. Construction and demolition activities shall be scheduled so as to avoid operating

several pieces of equipment simultaneously. j. The project contractor shall use power construction equipment with state-of-the-art

noise shielding and muffling devices. k. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of

the California Code Regulations, which insure an acceptable interior noise environment.

Grading l. Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading,

excavations, and fills. All grading activities require grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within Hillside areas. The application of BMPs includes but is not limited to the following mitigation measures:

m. Excavation and grading activities shall be scheduling during dry weather periods. If grading occurs during the rainy season (October 15 through April 1), diversion dikes shall be constructed to channel runoff around the site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity.

n. Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Department. These measures include interceptor terraces, berms vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned.

o. Stockpiles and excavation soil shall be covered tarps or plastic sheeting. General Construction

p. Sediment carries with it other work-site pollutants such as pesticides, cleaning solvents, cement wash, asphalt, and car fluids that are toxic to sea life.

q. All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non recyclable materials/wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site.

r. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

s. Pavement shall not be hosed down at material spills. Dry cleanup methods shall be used whenever possible.

t. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or be covered with tarps or plastic sheeting.

u. Gravel approaches shall be used where truck traffic is frequent to reduce soil compaction and the tracking of sediment into streets shall be limited.

v. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop clothes shall be used to catch drips and spills.

10. Liquefaction:

a. The project shall comply with the Uniform Building Code Chapter 18. Division 1 Section1804.5 Liquefaction Potential and Soil Strength Loss which requires the preparation of a geotechnical report. The geotechnical report shall assess potential consequences of any liquefaction and soil strength loss, estimation of settlement,


lateral movement or reduction in foundation soil-bearing capacity, and discuss mitigation measures that may include building design consideration.

b. Building design considerations shall include, but are not limited to: ground stabilization, selection of appropriate foundation type and depths, selection of appropriate structural systems to accommodate anticipated displacements or any combination of these measures.

11. Explosion/Release (Asbestos Containing Materials). Prior to the issuance of any

demolition permit, the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant that no ACM are present in the building. If ACM are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District=s Rule 1403 as well as all other state and federal rules and regulations.

12. Single Family Dwelling (10+ Home Subdivision/Multi Family): a. Project applicants are required to implement stormwater BMPs to retain or treat the

runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required.

b. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion.

c. Concentrate or cluster development on portions of a site while leaving the remaining land in a natural undisturbed condition.

d. Limit clearing and grading of native vegetation at the project site to the minimum needed to build lots, allow access, and provide fire protection.

e. Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants.

f. Preserve riparian areas and wetlands. g. Any connection to the sanitary sewer must have authorization from the Bureau of

Sanitation. h. Reduce impervious surface area by using permeable pavement materials where

appropriate, including: pervious concrete/asphalt; unit pavers, i.e. turf block; and granular materials, i.e. crushed aggregates, cobbles.

i. Install Roof runoff systems where site is suitable for installation. Runoff from rooftops is relatively clean, can provide groundwater recharge and reduce excess runoff into storm drains.

j. Guest parking lots constitute a significant portion of the impervious land coverage. To reduce the quantity of runoff, parking lots can be designed one of two ways. i. Hybrid Lot - parking stalls utilize permeable materials, such as crushed

aggregate, aisles are constructed of conventional materials such as asphalt. ii. Parking Grove - is a variation on the permeable stall design, a grid of trees and

bollards are added to delineate parking stalls. This design presents an attractive open space when cars are absent, and shade when cars are present.

k. Promote natural vegetation by using parking lot islands and other landscaped areas. l. Paint messages that prohibit the dumping of improper materials into the storm drain

system adjacent to storm drain inlets. Prefabricated stencils can be obtained from the Department of Public Works, Stormwater Management Division.

m. Promote natural vegetation by using parking islands and other landscaped areas. n. All storm drain inlets and catch basins within the project area must be stenciled with

prohibitive language (such as “NO DUMPING - DRAINS TO OCEAN”) and/or graphical icons to discourage illegal dumping.


o. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area.

p. Legibility of stencils and signs must be maintained. q. Materials with the potential to contaminate stormwater must be: (1) placed in an

enclosure such as, but not limited to, a cabinet, shed, or similar stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs.

r. The storage area must be paved and sufficiently impervious to contain leaks and spills.

s. The storage area must have a roof or awning to minimize collection of stormwater within the secondary containment area.

t. Design an efficient irrigation system to minimize runoff including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers.

u. Runoff from hillside areas can be collected in a vegetative swale, wet pond, or extended detention basin, before it reaches the storm drain system.

v. Cut and fill sloped in designated hillside areas shall be planted and irrigated to prevent erosion, reduce run-off velocities and to provide long-term stabilization of soil. Plant materials include: grass, shrubs, vines, ground covers, and trees.

w. Incorporate appropriate erosion control and drainage devices, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code. Protect outlets of culverts, conduits or channels from erosion by discharge velocities by installing rock outlet protection. Rock outlet protection is a physical devise composed of rock, grouted riprap, or concrete rubble placed at the outlet of a pipe. Install sediment traps below the pipe-outlet. Inspect, repair and maintain the outlet protection after each significant rain.

x. The owner(s) of the property will prepare and execute a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and or per manufacturer’s instructions.

13. Increased Noise Levels (Parking Structure Ramps):

a. Concrete, not metal, shall be used for construction of parking ramps. b. The interior ramps shall be textured to prevent tire squeal at turning areas. c. Parking lots located adjacent to residential buildings shall have a solid decorative

wall adjacent to the residential. 14. Severe Noise Levels (Residential Only):

a. The applicant, as an alternative, may retain an acoustical engineer to submit evidence, along with the application for a building permit, any alternative means of sound insulation sufficient to mitigate interior noise levels below a CNEL of 45 dBA in any habitable room.

b. All exterior windows having a line of sight onto Balboa Blvd. shall be constructed with double-pane glass and use exterior wall construction which provides a Sound Transmission Class of 50 or greater as defined in UBC No. 35-1, 1979 edition or any amendment thereto.

15. Public Services (Fire): The following recommendations of the Fire Department relative

to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: fire lanes, where required, shall be a minimum of 20 feet in


width; all structures must be within 300 feet of an approved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane.

16. Public Services (Police). The plans shall incorporate the design guidelines relative to

security, semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Please refer to Design out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department=s Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, (213)485-3134. These measures shall be approved by the Police Department prior to the issuance of building permits.

17. Public Services (Schools): The applicant shall pay school fees to the Los Angeles

Unified School District to offset the impact of additional student enrollment at schools serving the project area.

18. Public Services (Schools):

a. The developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety.

b. Haul route scheduling shall be sequenced to minimize conflicts with pedestrians, school buses and cars at the arrival and dismissal times of the school day. Haul route trucks shall not be routed past the school during periods when school is in session especially when students are arriving or departing from the campus.

c. There shall be no staging or parking of construction vehicles, including vehicles to transport workers on any of the streets adjacent to the school.

d. Due to noise impacts on the schools, no construction vehicles or haul trucks shall be staged or idled on these streets during school hours.

e. Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive nuisances.

f. The developer and contractors shall maintain ongoing contact with administrator of Encino Elementary School. The administrative offices shall be contacted when demolition, grading and construction activity begin on the project site so that students and their parents will know when such activities are to occur. The developer shall obtain school walk and bus routes to the schools from either the administrators or from the LAUSD’s Transportation Branch (323)342-1400 and guarantee that safe and convenient pedestrian and bus routes to the school be maintained.

19. Recreation (Increase Demand for Parks or Recreational Facilities). Per Section 17.

12-A of the LA Municipal Code, the applicant shall pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings.

20. Safety Hazards. The applicant shall submit a parking and driveway plan that

incorporates design features that reduce accidents, to the Bureau of Engineering and the Department of Transportation for approval.

21. Utilities (Solid Waste). Recycling bins shall be provided at appropriate locations to

promote recycling of paper, metal, glass, and other recyclable material.


C. Administrative Conditions:

1. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Planning Department for placement in the subject file.

2. Code Compliance. Area, height and use regulations of the R3-1 zone classification of

the subject property shall be complied with, except where herein conditions are more restrictive.

3. Covenant. Prior to the issuance of any permits relative to this matter, an agreement

concerning all the information contained in these conditions shall be recorded in the County Recorder’s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assign. The agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder’s number and date shall be provided to the Planning Department for attachment to the file.

4. Definition. Any agencies, public officials or legislation referenced in these conditions

shall mean those agencies, public officials, legislation or their successors, designees or amendment to any legislation.

5. Enforcement. Compliance with these conditions and the intent of these conditions shall

be to the satisfaction of the Planning Department and any designated agency, or the agency’s successor and in accordance with any stated laws or regulations, or any amendments thereto.

6. Building Plans. Page 1 of the grants and all the conditions of approval shall be printed

on the building plans submitted to the City Planning Department and the Department of Building and Safety.

7. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its

agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

8. Project Plan Modifications. Any corrections and/or modifications to the Project plans

made subsequent to this grant that are deemed necessary by the Department of Building and Safety, Housing Department, or other Agency for Code compliance, and which involve a change in site plan, floor area, parking, building height, yards or setbacks, building separations, or lot coverage, shall require a referral of the revised plans back to the Department of City Planning for additional review and final sign-off prior to the issuance of any building permit in connection with said plans. This process may require additional review and/or action by the appropriate decision making authority including the Director of Planning, City Planning Commission, Area Planning Commission, or Board.

CPC 2005-4304-ZC-GPA-HD-CU-SPR T-1

CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL

Pursuant to Section 12.32 G of the Municipal Code, the (T) or [T] Tentative Classification shall be removed by the recordation of a final parcel or tract map or by posting of guarantees through the B-permit process of the City Engineer to secure the following without expense to the City of Los Angeles, with copies of any approval or guarantees provided to the Department of City Planning for attachment to the subject planning case file. 1. Dedication(s) and Improvement(s). Prior to the issuance of any building permits, public

improvements and dedications for streets and other rights of way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional and federal government agencies, as may be necessary), the following:

A. Responsibilities/Guarantees.

1. As part of early consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer.

2. Prior to issuance of sign offs for final site plan approval and/or project permits by the Planning Department, the applicant/developer shall provide written verification to the Planning Department from the responsible agency acknowledging the agency's consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to project design required by a public agency shall be documented in writing and submitted for review by the Planning Department.

2. Construction of necessary sewer facilities to the satisfaction of the Bureau of Engineering.

All Sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a building permit.

3. Construction of necessary drainage facilities to the satisfaction of the Bureau of

Engineering. 4. Construction of tree wells and planting of street trees and parkway landscaping to the

satisfaction of the Street Tree Division of the Bureau of Street Maintenance. 5. Preparation of a parking area and driveway plan to the satisfaction of the appropriate Valley

District Office of the Bureau of Engineering and the Department of Transportation. A parking area and driveway plan shall be prepared for approval by the appropriate district office of the Bureau of Engineering and the Department of Transportation. The driveway, parking and loading area(s) shall be developed substantially in conformance with the Site Plan, dated May 30, 2008, and labeled Exhibit “B-1” of the administrative file as to their location and access, but may be modified in order to comply with provisions and conditions of the subject Department of Transportation authorization. Emergency vehicular access shall be subject to the approval of the Fire Department and other responsible agencies.

6. Prepare a site access and internal circulation plan to the satisfaction of the Department of

Transportation which incorporates a minimum of 30-foot wide driveways (for 2-way

CPC 2005-4304-ZC-GPA-HD-CU-SPR T-2

driveways) with a 20-foot reservoir to be required from the new property line to any gate or the first parking stall.

7. Installation of following street lights to the satisfaction of the Bureau of Street Lighting: a. Construction of three (3) new street lights on Paso Robles Avenue and two (2) street

lights on Addison Street. b. If street widening occurs on Balboa Boulevard, relocate and upgrade of three (3) street

lights will be necessary. c. Satisfactory arrangements shall be made with the Bureau of Street Lighting to assure

the property be formed or annexed into a Street Lighting Maintenance Assessment District.

8. That street lighting modifications be required at an intersection if there are improvements by

the Department of Transportation (also for off site improvements). 9. Preparation of a plot plan to the satisfaction of the Fire Department. 10. Making any necessary arrangements with the appropriate cable television franchise holder

to assure that cable television facilities will be installed in City rights of way in the same manner as is required of other facilities, pursuant to Municipal Code Section 17.05N, to the satisfaction of the Department of Telecommunications.

11. Police Department: Preparation of a plot plan in conformance with the Design Out Crime

Guideline Booklet and guidelines defined in the Crime Prevention Through Environmental Design (CPTED) handbook to mitigate impacts on police services. Police recommendations may include but are not limited to secured parking, security fencing, security lighting, information signs, building design and landscaping to reduce places of potential concealment. The plans shall be to the satisfaction of LAPD Crime Prevention Section Personnel.

12. Notice: Prior to issuance of a clearance letter by the Bureau of Engineering, all engineering

fees pertaining to Ordinance No. 176,077 adopted by the City Council, must be paid in full at the Development Services Division office.

13. Notice: Certificates of Occupancy for the subject property will not be issued by the City until

the construction of all the public improvements (streets, sewers, storm drains, etc.), as required herein, are completed to the satisfaction of the City Engineer.

14. 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 by the property owner in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. Further, the agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder's number and date must be given to the City Planning Department for attachment to the subject file.

15. Recreation and Parks Dedication. Per Section 12.33 of the Los Angeles Municipal Code,

the applicant shall dedicate land for park or recreational purposes or pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings.

CPC 2005-4304-ZC-GPA-HD-CU-SPR C-1

CONDITIONS OF APPROVAL A. Entitlement Conditions: Reduction of Conditional Use

1. Use. The use of the property for church purposes, approved under Case Nos. CPC

2416 and CPC 9832, shall be to permit a reduction in area as shown on Exhibit “B-1” and dated May 30, 2008.

2. Access to the adjacent parking garage shall be available to users of the church during all

hours of operation. 3. Tandem parking shall be permitted only within Level P1 for church parking. During

periods of large events including weekly services, a valet service shall be available to all users of the church who park within the subject parking structure.

4. All the following applicable provisions of Case Nos. CPC 2416 and CPC 9832 shall

remain in full force: a. Conditions of CPC 2416:

i. That prior to the issuance of any building permits for the use hereby permitted, a precise site plan and plans for the church building shall first be submitted to and approved by the City Planning Department, conforming to accepted standards for church construction and architecture; and in no event shall this property be used for the holding of church services in a tent or temporary structure.

ii. That all the requirements of the Comprehensive Zoning Ordinance, particularly as applicable to the observance of required yard spaces and off-street parking areas, shall be observed in the development of this site for church purposes unless otherwise approved by the Zoning Administrator.

b. Conditions of CPC 9832: i. That the property shall be developed substantially in conformance with Exhibit

“B” (site plan) submitted with the application excepting as herein specifically varied or required.

ii. That the church site here involved shall not be reduced in size except by necessary street widening and/or street and alley openings.

iii. That prior to the issuance of any necessary building permits, or construction of any improvements herein authorized that an accurate site plan detailing the development of the site, shall be submitted to and approved by the City Planning Department.

iv. That automobile parking shall be provided on the herein authorized property or on conveniently located and properly zoned property on a ratio of not less than one parking space for each five seats provided in the church building.

v. That all improvements on the property here involved, including buildings, automobile parking areas, driveways, walls, landscaping, etc., shall be maintained in first-class, attractive condition at all times.

vi. That all portions of the entire church site here involved not improved with buildings or used for parking purposes, sidewalks and the like shall be attractively landscaped.

vii. That the proposed development shall conform to all of the area requirements contained in Section 12.21-C applying to such use when located in a zone permitted, and also the height and area requirements applying to the property for automatically permitted uses. Further, that all building improvements and parking areas shall observe the required setback as it affects the said property along Paso Robles Avenue.

CPC 2005-4304-ZC-GPA-HD-CU-SPR C-2

viii. Since it would appear desirable for a review of the driveway pattern by the Department of Traffic, it is recommended that information concerning driveway locations be submitted to and approved by the said department.

ix. Conditions of CPC 9832 (ZA)(PAD): (1) That the use and development of the property shall be in substantial

conformance with the plot plan submitted with the application and marked Exhibit “A”.

(2) That all other use, height and area regulations of the Municipal Code be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required.

(3) That 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 Zoning Administrator to impose additional corrective conditions, if , in the Administrator’s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants adjacent property.

CPC 2005-4304-ZC-GPA-HD-CU-SPR F-1

FINDINGS A. General Plan/Charter Findings

1. General Plan Land Use Designation. The Encino-Tarzana Community Plan was most recently amended through the Community Plan Update Program (CPU) and adopted by City Council on December 16, 1998. The existing Plan designates the subject property as Low I and Low II Residential with corresponding zones of RE9 and R1, RS, and RD6, respectively. The proposed plan amendment would designate the site as Medium Residential. The zone change recommendation to the R3 zone IS CONSISTENT with proposed the land use designation IS in substantial conformance with the purposes, intent and provisions of the General Plan as reflected in the adopted community plan. Approval of the proposed plan amendment for the site is appropriate for such an area in transition from multiple-family to commercial use.

2. General Plan Text. The Encino-Tarzana Community Plan text includes the following

relevant land use goals, objectives, policies and programs:

Goal 1. A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY.

Objective 1-1: To provide for the preservation of existing housing and for the

development of new housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010.

Policies: 1-1.2 Protect existing single family residential neighborhoods from new, out-of-scale development. Program: Recent changes in the Zoning Code set height limits for new single family residential development. 1-1.3 Protect existing stable single-family and low density residential neighborhoods from encroachment by higher density residential and other incompatible uses. Program: The Plan Map identifies lands where only single-family residential development is permitted; it protects these areas from encroachment by designating appropriate, transitional residential densities which serve as buffers; and reflects plan amendments and corresponding zone changes which are directed at minimizing incompatible uses. 1-1.4 Protect the quality of the residential environment through attention to the appearance of communities, including attention to building and site design. Program: The Plan includes an Urban Design Chapter which is supplemented by Design Guidelines and Standards for residential development.

Objective 1-2: To locate new housing in a manner which reduces vehicular trips and makes it accessible to services and facilities.

Policies:


1-2.1 Locate higher residential densities near commercial centers or transit stations and major bus routes where public services facilities, utilities and topography will accommodate this development. Program: Maintain and continue the implementation of the City’s Land Use/Transportation Policy.

Objective 1-3: To preserve and enhance the varied and distinct residential character and integrity in existing single and multi- family neighborhoods.

Policies: 1-3.1 Seek a high degree of compatibility and landscaping for new infill development to protect the character and scale of existing residential neighborhoods. Program: The Plan includes Design Guidelines which establish design standards for residential development to implement this policy. 1-3.2 Consider factors such as neighborhood character and identity, compatibility of land uses, impact on livability, impacts on services and public facilities, and impacts on traffic levels when changes in residential densities are proposed. Program: The decision-maker should adopt a finding which addresses these factors as part of any decision relating to changes in planned residential densities.

Objective 1-4 To promote and ensure the provision of adequate housing for all persons regardless of income, age or ethnic background.

Policies 1-4.1 Promote greater individual choice in type, quality, price and location of housing. Program: The plan promotes greater individual choice through its establishment of residential design standards and its allocation of lands for a variety of residential densities. 1-4.2 Promote housing in mixed use projects in pedestrian oriented areas. Program: Maintain and continue the implementation of the Land Use/Transportation Policy. 1-4.4 Provide for development of townhouses and other similar condominium type of housing units to increase home ownership options. Program: The Plan cannot require that condominium units be built instead of rental units; however, the Plan encourages such type of development by designating specific areas for Low Medium residential land use categories.

The recommended project will meet the above goal, policies, and objectives of the Encino-Tarzana Community Plan by preservation of existing neighborhood character from out–of-scale development. Further, compatibility of character is ensured by conditioning design elements and appropriate landscaping. The density has been


further evaluated to maintain the character and identity of the immediate public facilities and single-family neighborhood while providing much needed housing. Nearby Ventura and adjacent Balboa Boulevards are thoroughfares where major bus routes provide mass transit to the site. The requested project is in conformance with the development standards of the R3 zone. In the current housing market where a number housing products are available, a housing development of an attached condominium design will provide a diversified housing stock for the City’s growing population. The proposal will replace a single-family use for detached condominiums that will provide ownership opportunities to the vicinity. The requested project is within the scale of other development in the area. Its land use designation will permit a transition between the single-family land use to the east, a school to the north, and a community center to the south. Other Medium density multiple family uses are further to the north. The recommended development meets the objectives of the Community Plan, is permitted in the R3 Zone and is consistent with the proposed land use designation.

3. The Transportation Element of the General Plan will be affected by the recommended

action herein. However, any necessary dedication and/or improvement of Balboa Boulevard to Plan designated Major Highway 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. The Transportation Element of the General Plan serves as a guide that furthers the development of a citywide transportation system that provides for the efficient movement of people and goods. The Transportation Element recognizes that primary emphasis must be placed on maximizing the efficiency of existing and proposed transportation infrastructure through advanced transportation technology, reduction of vehicle trips, and focused growth in proximity to public transit. The Project, as built with the Amendment, would meet the stated purpose of the Transportation Element through a location which encourages use of public transit. Moreover, because the Project is an infill development within an existing urbanized area, it is accessible to multiple existing transit systems. The Project site is accessible to multiple public transit systems with local and regional destinations. Further, as determined by the environmental review the Project would not result in any significant traffic impacts due to its construction or operation

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.

B. Entitlement Findings

1. Zone Change, L.A.M.C. Sec. 12.32.F: The recommended zone change is in

conformance with the public necessity, convenience, general welfare or good zoning practice in that:

The R3-1 zone is consistent with the proposed General Plan Land Use designation in that the density of the zone is still within the Medium Residential range. The proposed project involving a multiple-family residential condominium is permitted by corresponding zones of the Medium Residential land use designation with corresponding zone of R3. There is a necessity for housing in all income levels. The project will create more opportunity for homebuyers to enter the homeownership market. The project is


convenient to public transit that travels along Balboa and Ventura Boulevards. Connectivity to other public transit lines as well as freeways is within proximity to the subject site. 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.

2. Height District Change, L.A.M.C. Sec. 12.32 F: The recommended height district

change is not in conformance with the public necessity, convenience, general welfare or good zoning practice in that: The height district change is hereby dismissed as a result of the applicant’s revised application to withdraw this entitlement request. Further, the requested height district 1L (6 stories or 75 feet) is inconsistent with the community plan and not in the interest of good zoning practice. Such height district will produce a development project twice the height and floor area of any conceivable development in the immediate vicinity either residential or commercial. The request is not within the public necessity or convenience in that such height district would permit substantially taller and out of scale buildings that would impact the abutting neighborhood.

3. Conditional Use, LAMC Sec. 12.24: a. The proposed location will be desirable to the public convenience or welfare.

The proposed use is the continued operation of an existing church that has been on its present site for over 60 years. The subject request is to reduce the site area of the church property to allow for the development of the portion of the site removed from the church property for the development of much needed multi-family housing. The reduced site will not limit the church’s ability to carry out its programs as an important part of the community. Required parking will be redesigned over the balance of the site and be provided in accordance with the LAMC standards. Pursuant to LAMC Section 12.24, churches are allowed by Conditional Use in Residential zones such as R1-1 and R3-1. The continued operation of the church on the reduced site will continue to be desirable to the convenience and welfare of the community.

b. The proposed location is proper in relation to adjacent uses or the development of

the community.

The reduced site area for the church will not change the relationship of the church to the adjacent community. The church will not undergo any expansion of its buildings or operations. The reduction in site area will allow for the development of a multi-family condominium project. As discussed in the findings above, the multi-family housing project is in proper relation to adjacent uses by continuing a pattern of multi-family housing along the west side of Balboa Boulevard between Ventura Boulevard and the Ventura (101) Freeway. Therefore, the reduction of the church site furthers this proper relationship to the community.


c. The proposed location will be in harmony with the various elements and objectives of the General Plan.

The reduction of the church site will allow for the development of 62 new condominium units as a benefit to the community. As discussed in the findings above, the condominium project will be compatible with the character of development in the area and will be in harmony with the various elements and objectives of the General Plan. Additionally, the condominium project will provide 83 dedicated permanent parking spaces for the church so the reduced church site will not be detrimental to the parking in the area. The church itself is not expanding or changing its operation. The Community Plan land use map includes a designation that this site is the location of a house of worship. The church has been on its present site for over 60 years by Conditional Use approval. For these reasons, the reasons the reduction in site will not be materially detrimental to the character of development in the immediate neighborhood and will be in harmony with the various elements and objectives of the General Plan.

4. Site Plan Review, LAMC Sec. 16.05:

a. The subject development as proposed by the applicant complies with all applicable

provisions of the Los Angeles Municipal Code and with any applicable Specific Plan, except as permitted herein. The proposed development will be located on a 52,953 square-foot portion of a larger parcel of 25 lots that includes the First Presbyterian Church of Encino of the block bounded by Ventura Boulevard on the south, Balboa Boulevard on the east, Addison Street on the north, and Paso Robles Avenue on the west. With approval of the requested General Plan Amendment and Zone Change, multi-family residential development would be allowed in the R3 zone pursuant to LAMC Section 12.10.A. There are no applicable specific plans effective on the subject property. Setback, Lot Area and Height Requirements Vesting Tentative Tract No. 65968 has been filed for condominium purposes and will be determined at a future date to also create a separate lot from the church site. Should the related tentative tract map request for the project be approved, the Paso Robles Avenue frontage would become the front yard for the new tract. The project would fully comply with yard requirements of the LAMC Section 12.10.C by providing a front yard of 15 feet along Paso Robles Avenue, a rear yard of approximately 39 feet along Balboa Avenue and 7 feet or more for side yards. The lot area requirement of 5,000 square feet is well exceeded by the proposed 52,953 square-foot parcel. Additionally, LAMC Section 12.10.C.4 requires a minimum of 800 square feet of lot area per unit. The Project would create 62 new dwelling units on a lot area of 52,953 square feet providing 854 square feet per unit also exceeding the LAMC requirement. With the approval of the General Plan Amendment and Zone Change, the R3 zone in conjunction with Height District 1 allows height of 45 feet. The project fully conforms to the 45-foot height limit. The condominium building would be approximately 118,329 square feet, representing a Floor Area Ratio (“FAR”) of approximately 2.8:1. This density is well within the 3:1 FAR permitted in residential zones for a residential project.


Parking and Open Space The project complies with the parking requirements of LAMC Section 12.21.A.4 and the policies of the City for parking condominium units. The project provides 2.0 spaces per unit for the resident units plus 0.5 spaces per unit for residents’ guests totaling 155 spaces for the condominiums. The project also includes 83 additional dedicated parking spaces for the adjacent church for a total of 238 parking spaces in the garage that is all below grade. The project also provides approximately 10,625 square feet of open space which will exceed the LAMC requirement of 9,225 square feet.

b. The subject development, as requested by the applicant, is consistent with the adopted General Plan.

The general plan designation will be consistent with the initiated general plan amendment to the Medium Residential classification as noted in the findings above. The proposed designation of Medium Density Residential with a recommended corresponding zone of (T)(Q)R3 is therefore is consistent with the density and other zoning requirements of the Medium Density Residential general plan category

c. The subject development is not within the boundaries of a Redevelopment Plan.

The subject site is not within a Redevelopment Plan

d. The subject development is consist of an arrangement of buildings and structures, including height, bulk and setbacks, off-street parking facilities, loading areas, lighting, landscaping, trash collection, and other such pertinent improvements which are compatible with existing and/or future development on neighboring properties.

The proposed plot plan, floor plans and elevation drawings submitted adequately demonstrates all of the components required for compatibility with existing and future developments in the neighborhood. The condominium project contains a total of 62 units with 2 subterranean garage levels and up to 4 habitable levels. The revised site plan (dated 5-30-08) depicts a building to be constructed to the minimum setback requirements on the site. Front and rear yards are noted with 15 feet and sideyards are labeled as having 7, 8 or 14 feet. The exception is a 31 foot setback along Balboa Boulevard. Height of the building will be a maximum of 45 feet. The scale and massing of the building is comparable to existing surrounding buildings and future buildings. Further, all zones and height districts limit adjacent buildings to 30, 36, and 45 feet in height. Parking is planned within 2 subterranean levels with a total of 238 spaces for the development. Vehicular access is provided from Balboa Boulevard via a “U” shaped driveway that leads to the subterranean parking garage levels. Pedestrian access is available from both Balboa or Paso Robles Avenue. The landscape plan incorporates 22 trees, of which 13 trees are required for replacement trees from those that were demolished. The “Existing Tree Map” notes that at least 8 Coastal Live Oak trees, 2 Sycamores, 9 unidentified, 2 Citrus, and one Jacaranda tree are on the subject property. Other components of the landscape plan specify dense application of softscape and some hardscape.


Storage rooms within the two parking garage levels appear to offer space for common trash/recycling areas, but were not identified on the plans. The project’s height and massing would be consistent and compatible with existing development in the area. The project would continue a pattern of three- and four-story multi-family residential buildings along the west side of Balboa Boulevard between Ventura Boulevard and the 101 Freeway. The proposed 45-foot building height is consistent with those other multi-family residential buildings including a new four-story multi-family building in the block immediately north of Addison Street. The project has been designed to provide an appropriate transition from the R1-1 zone properties to northeast of the subject site and the commercial properties to the south of the subject site by concentrating population adjacent to a major transit artery The Project also is similar to an existing five-story multi-family building located immediately west of Encino Park. The main sanctuary building of the adjacent church is approximately 41 feet in height. The project is setback almost 40 feet from Balboa Avenue, which is a distance greater than the adjacent church buildings. Along Paso Robles Avenue, the building is setback 15 feet consistent with the adjacent church education building at the corner of Paso Robles Avenue and Addison Street. The parking levels would be located partially below grade providing a pleasing aesthetic design and pedestrian experience. Trash collection areas would be located within appropriate locations away from adjacent properties. The project incorporates attractive lighting, for purposes of providing security, and would provide proper aesthetic value while also being sensitive to nearby properties. Extensive landscaping of the project edges and interior areas would also be provided. The arrangement of the site plan will function to the benefit of its residents as proposed. Therefore, the site will be compatible with existing or future development on neighboring properties.

e. The subject development incorporates feasible mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review which would substantially lessen the significant environmental effects of the project, and/or additional findings as may be required by CEQA.

In compliance with the California Environmental Quality Act, as set forth in the accompanying Mitigated Negative Declaration, the project incorporates feasible mitigation measures in order to lessen potential environmental impacts to a less than significant level. (See environmental finding below.)

f. That the project containing residential uses does provide its residents with

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

The plans and application materials submitted identifies the location and accurately quantifies the area required to demonstrate compliance with the open space standards of the Los Angeles Municipal Code. Further, the plot plan submitted demonstrates the siting of both private and common open spaces or their amenities. Moreover, landscape materials of all open space is a demonstrated component on the plans. The application notes the project as having 10,625 square feet required and 9,225 square feet as provided. There are interior courtyards between buildings


and balconies for each dwelling unit.

C. CEQA Findings

Environmental. A Mitigated Negative Declaration (ENV 2005-3101-MND-REC) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street.

CPC 2005-4304-ZC-GPA-HD-CU-SPR P-1

PUBLIC HEARING AND COMMUNICATIONS Public Hearing The public hearing was held at the Marvin Braude Constituent Service Center on February 12, 2007. (A previous public hearing was held on November 7, 2005, where all attendees agreed to not submit testimony due to the redesign of the project and to pursue further discussions with the stakeholders.) Approximately thirty-one people attended the public hearing, including the applicant, a representative of the Council Office and several neighboring property owners. Initial indications show 6 individuals were in favor and 24 were opposed to the request and proposed project. Communications Received Five letters of opposition and a petition with 141 supporting signatures was received prior to the completion of this hearing officer’s report. Staff notes that two of the opposing letters were from homeowners associations representing multiple individuals. Summary of Public Hearing Testimony The applicant’s representative described the church’s program in the community and the proposed condominium project and how it will relate to the surrounding neighborhood. He noted that the project was reduced from 82 apartments to 66 condominiums units. The heights of the building will be 45 feet along Balboa Boulevard and 57 feet along Paso Robles Avenue. Solar access will be a minimal impact to the public park considering the setback and width of Paso Robles Avenue. He further noted the proposed setbacks and parking access from Balboa Boulevard. Traffic will have no impact onto the local street system. Other environmental impacts will be addressed by the mitigation measures of the MND. Of the recommended street improvements and dedications, they disagree with the 5 feet of improvements along Balboa Boulevard. The applicant further requests that there be an added condition to retain the property as a church. Also, the local school will be addressed with the on-site parking. Parking for the site will be largely subterranean. The church has had numerous meetings with the Encino Neighborhood Council to address development issues. The applicant noted the shrinking church congregation over the past 10 years and their need to sustain services to the community. The proposed project will provide financial benefits to the church. Further, parking for the residents of the project and the church will be provided and improved. The project is consistent with other projects in the area. The architect noted that the old project was revised and improved. Design of the project was changed to break up the massing and distribute the balance over the site. All vehicular access will be from Balboa. Improvements to the school parking lot (Encino Elementary School) to the north, is in negotiation for redesign. Fifteen (15) parking stalls will be removed and designed into the subject property in exchange for construction of a dedicated pick-up and drop-off lane on the school site. Two speakers in favor of the project noted the following points:

• Neighbors on Otsego agree with the project. • Growth is imminent to areas with public transit. • The church is a good neighbor. • Project will bring commerce to the area and provide new residential units. • Units will be close to mass transit.

CPC 2005-4304-ZC-GPA-HD-CU-SPR P-2

Nine residents, including a representative of the Encino Property Owners Association, and representatives of Homeowners of Encino spoke in opposition to the project and requested entitlements for the following reasons:

• The project is out of scale to the Encino-Tarzana Community Plan that was envisioned. The plan should be preserved and enforced.

• The request is too tremendous of an entitlement sought to be negotiated by the developer.

• The Planning Department should consider the cumulative impacts of this and other similar projects in the area.

• There is a lack of on-site parking being proposed. • Over development has occurred on other sites in the area (i.e. Amstoy Estates). This

project will exacerbate this problem. • Traffic:

o Traffic hazards including the inability of making left turns from Addison Street onto Balboa Boulevard.

o Added traffic will impact the safety of pedestrians on neighboring streets that have no sidewalks.

o Traffic will impact the side streets o Access is a problem at the Balboa/Ventura intersection which is impacted o This is a “walking neighborhood”. o A 10-foot wide landscape buffer/median should be installed to allow only right

turns from the project onto Balboa Boulevard. o Realize growth is eminent, but should be at the Orangeline Transit Corridor.

• School: o Construction related impacts such as traffic, parking, noise, debris, and other

health and environmental hazards will affect the neighboring elementary school. o A neighboring co-op preschool will be impacted. o If the parking lot on Encino Elementary School is to be remodeled, parking

should be provided for all teachers, not just 22 spaces. o Some residents disagree with the developer meddling in school property next

door. o Special needs students can’t be dropped-off readily

• Scale and Height: o The project will add density and height to the area. o The project is over built and does not match the scale of other buildings in the

neighborhood. o Negative impact to the neighboring park include sunlight blockage from the 75-

foot tall building that will affect the west side until the afternoon. o Height of the project is not appropriate on the Paso Robles side and must be

mitigated. o Height change may establish a precedent.

• Church has been a good neighbor until now. Church is in control of the property now, but once the project or if the church is sold, how will the property be controlled.

• Dispute the financial problems as claimed. The Council Office representative noted the project had changed significantly from the previous iteration. Parking for the project is adequate and the offer to improve the adjacent school to relieve traffic from pick-up and drop-off activity is positive. She also identified that there are ingress/egress issues that are probably best addressed by utilizing Balboa Boulevard.

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