RECOMMENDATION REPORT

Transcription

1 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 Sylvan Street, Room 201, Council Chamber Van Nuys CA Public Hearing: February 12, 2007 Appeal Status: Expiration Date: July 24, 2008 Multiple Approval: 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. Case No.: CEQA No.: Incidental Cases: Related Cases: CPC ZC-GPA- HD-CU-SPR ENV MND(REC) Vesting Tentative Tract No Council No.: 5 Plan Area: Encino-Tarzana Specific Plan: None Certified NC: Encino GPLU: Low I and Low II Residential Zone: R1 Applicant: Representative: Douglas Teiger, Abramson Teiger Architects George Mihlsten, Latham and Watkins PROJECT LOCATION: PROPOSED PROJECT: REQUESTED ACTION: 4949 Balboa Boulevard 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 has been filed for condominium purposes and will require a separate hearing before the Advisory Agency at a later date.) 1. Pursuant to Section 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 of the Municipal Code, a Zone Change from R1 (One-Family Zone) to R3 (Multiple Dwelling Zone). 3. Pursuant to Section 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 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).

2 CPC ZC-GPA-HD-CU-SPR Page 2 5. Pursuant to Section 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 ; 7. Adopt the attached Findings; 8. Advise the applicant that, pursuant to California State Public Resources Code Section , 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)

3 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

4 CPC 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:

5 CPC ZC-GPA-HD-CU-SPR A-2 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 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, 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, 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, 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, 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, CPC 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, Ordinance Nos. 178,179 and 178,180 became effective on February 12, 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 ) 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

6 CPC ZC-GPA-HD-CU-SPR A-3 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.

7 CPC ZC-GPA-HD-CU-SPR A-4 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 singlefamily 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

8 CPC ZC-GPA-HD-CU-SPR A-5 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.

9 CPC ZC-GPA-HD-CU-SPR Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section 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, Height: The project shall not exceed 45 feet in height, as defined by Section 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

10 CPC ZC-GPA-HD-CU-SPR Q-2 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 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, 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: 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: 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

11 CPC ZC-GPA-HD-CU-SPR Q-3 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 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

12 CPC ZC-GPA-HD-CU-SPR Q-4 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 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 Section 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,

13 CPC ZC-GPA-HD-CU-SPR Q-5 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.

14 CPC ZC-GPA-HD-CU-SPR Q-6 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 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 pipeoutlet. 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

15 CPC ZC-GPA-HD-CU-SPR Q-7 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, wellilluminated 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 highfoot 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) 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) 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 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.

16 CPC ZC-GPA-HD-CU-SPR Q-8 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.

17 CPC ZC-GPA-HD-CU-SPR T-1 CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL Pursuant to Section 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