/' EnvironmentaJ.No,. Commission Vote: ENV MND 8-0

Transcription

1 T~ANSMITTAL TO CITY COUN~'L Case No.(s) Planning Staff Name(t.ild Contact No. ". C.D.No. CPC ZC-HD-SPR-CU-ZV NICHOLAS HENDRICKS Items Appealable to Council:. : ':. Last Day to Ailpeal: Appealed:. '. :.' / ZC-HD-SPR-CU-ZV N/A Yes 0 No~ Location of Project (Include project.tltles, if any.) : W. SHERMAN CIRCLE, W. GAULT STREET, W. SHERMAN WAY Name(s), Applicant I Representative, Address, and Phone Nurnber; '. '. IMT II CAPITAL SHERMAN REPRESENTATIVE: CIRCLE, LLC ROSENHEIM & ASSOCIATES VENTURA BLVD OXNARD STREET 780 SHERMAN OAKS, CA WOODLAND HILLS, CA Name(s), Appellant I Representative, Address, and Phone Number. Final Proiect Description (Description is forconslderatlon by Committee/Council, and for useonagendas and official public notices, If a General Plan Amendment and/or Zone Change case,include the prior land lise designation and zone, as well as the proposed land use designation and zone change (i.e, "from Very Low Density Residentialland. use designation to Low Densitylanduse desiqnation and concurrent zone change from RA-1-K to (T}(Q)R1~1~K}.lnaddition, for all casesappealed in the Council, please include in the description only those items which are appealable to Councll.)... The proposed project involves the construction, use and maintenance of a 354-unit condominium complex (two buildings) having a floor area of approximately 435,847 square feet and reaching a maximum height of 60 feet on a lot comprised of 284,263 square feet of land. A total of 796 parking spaces will be provided. An existing six-level public parking structure having 610 parking spaces will be retained to accommodate and provide continued parking for adjacent medical office uses. The project would result in the demolition of an existing closed 7-story hospital building. Fiscal'lmpact Statement xes..' 'Determination states administrative costs NoD are recovered through fees. /' EnvironmentaJ.No,. Commission Vote: ENV MND :~ /' /7 JAMES K. ~LLlAMSl om i ion Executive Assistant II Date: '- '~i ~.g,. L)'\!\~l [)... NO\I 2 (; 2012 NOV N:\ATSD\COmmissioUg~~~MRJ~~~(~~J~~~~;th\cPc\CPC-2012-g72-ZC-HD SPR-ZV N. HENDRICKS\COUNCILTRANSMITTALFORM,doc

2 los ANGELES CITY PLANNING COMMISSION 200 N. Spring Street, Room 272, Los Angeles, California, 90012, (213) Determination Mailing Date: OCT CASE: CEQA: CPC ZC-HD-SPR-CU-ZV ENV MND Applicant: IMT II Capital Sherman Circle, LLC Rep.: Rosenheim & Associates, Inc. Location: W. Sherman Circle, W. Gault Street, W. Sherman Way Council Districts: 6 - Cardenas Plan Areas: Van Nuys-North Sherman Oaks Requests: Zone Change, Height District, Site Plan Review, Conditional Use, Zone Variance At its meeting on September , the following action was taken by the City Planning Commission: 1. Approved the requested Zone Change from [Q]C2 Zone to the (T){Q)RASJ-1l Zone. 2. Approved the requested Height District Change from 2D and 1L to Height District 1l. 3. Approved the requested Site Plan Review. 4. Approved the requested Conditional Use Permit. 5. Approved the requested Zone Variance. 6. Adopted the attached Conditions of Approval. 7. Adopted the attached Findings. 8. Approved Mitigated Negative Declaration ENV MND. 9. Advised the applicant that the time limits for effectuation of a zone in the "T" Tentative classification or "Q" Qualified classification are specified in Section G of the LAM.C. Conditions must be satisfied prior to the issuance of building permits and, that the 'T' Tentative classification be removed in the manner indicated on the attached page. 10. Advised the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. Recommendations to City Council: 1. Recommend that the City Council adopt a Zone Change from [Q]C2 Zone to the (T)(Q)RAS3-1l Zone. 2. Recommend that the City Council adopt Height District Change from 20 and 1L to Height District 1L. 3. Recommend that the City Council adopt Mitigated Negative Declaration ENV mMND. Fiscal Impact Statement: There is no General Fund impact as administrative costs are recovered through fees. This action was taken by the following vote: Moved: Seconded: Ayes: Vacant: Vote: Hovaguimian Cardoso Burton, Cardoso, One 8-0 Freer, Lessin, Romero, Roschen

3 CPC ZC-HD-SPR-CL Page 2 Effective Date/Appeals: The decision of the City Planning Commission is appealable. Any aggrieved party may file an appeal within 20-days after the mailing date of this determination letter. Any appeal not filed within the 20- day period shall not be considered by the City Council. All appeals shall be filed on forms provided at the Planning Department's Public Counters at 201 N. Figueroa Street, Fourth Floor, Los Angeles, or at 6262 Van Nuys Boulevard, Suite 251, Van Nuys. FINAL APPEAL DATE: NOV If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section , the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section There may be other time limits which also affect your ability to seek judicial review. Attachments: Conditions of Approval, Ordinance, Map, Findings City Planning Associate: Nicholas Hendricks

4 ORDINANCE NO. ~ _ An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section _. Section 12,04 of the Los Angeles Municipal Code is hereby amended by changing the zone classifications of property shown upon a portion of the Zoning Map incorporated therein and made a part of Article 2, Chapter 1 of the LAMC, so that such portion of the Zoning Map shall conform to the zoning on the map attached hereto and incorporated herein by this reference,

5 OA18 SAnN NVA oa (=F=~=~~~~~":::;;! ~/~~._/- 1i t/ ~ L~;::::-~~;: r=~=i f- l~~_ ~ I T- ::l, t 1!~~-~!--.~~ '1" "'==~~~~.~- 3AV ~3dS3A ~ ~ :::;:) U, 0::: 0.. soi 0 I I U ~ N I N f'-.. en N ~ ~ U 0.. U Ṇ.. ~ -e--' } <::t... OJ (V) co.- ::2: 0 ~ 09 3/1.VSOCl038

6 ere 2012~0972-ze-HD-SPR-eu-zv Q-1 (0) or [0] 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. Entitlement Conditions 1. Site Plan. The use and development of the subject property shall be in substantial conformance with the site plan, and elevations labeled Exhibit "An attached to the subject case file. The location, type, and size of signage is not a part of this approval. Minor deviations may be allowed in order to comply with provisions of the Municipal code and the conditions of approval. 2. Use. The use of the subject property shall be limited to those uses permitted in the RAS3-1L Zone as defined in Section A of the Los Angeles Municipal Code ("L.A. M.C."). 3. Parking. Parking spaces shall be provided at a ratio of 2.25 spaces per unit, as prescribed by the Advisory Agency Parking Policy. A total of 80 bicycle racks shall be provided for residents and guests. The placement of the bicycle racks shall be placed a convenient locations for residents and guests. 4. Lighting. All lighting shall be shielded and directed onto the site. No floodlighting shall be located so as to illuminate directly onto any adjacent residential property. This condition shall not preclude the installation of low-level security lighting. 5. Height. The height of all buildings and structures on the subject property shall not exceed 75 feet, as defined in Section of the LAMC (Height District 1L). This height limitation excludes the lighting standards, flagpoles, and rooftop equipment. All rooftop equipment and/or duct work that exceeds the roof ridge or parapet wall, whichever is higher, shall be screened from horizontal view with materials compatible with the design of the structures. 6. landscape Plan. The proposed project areas of the subject site shall be attractively landscaped and maintained in accordance with an approved landscape plan. The project shall also comply with all applicable provisions of Ordinance No. 170, Fire Department. Comply with any requirements of the Fire Department. 8. Solid Waste. Trash and recycling bins shall be provided at appropriate locations throughout the subject site, including the parking lot area. 9. Air Filtration. The applicant shall install an 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. B. Environmental Mitigation Conditions 10. Prior to the issuance of any permit, a plot plan shall be prepared indicating the location, size, type, and general condition of all existing trees on site and with the adjacent public right(s)-of~way.

7 CPC ZC-HD-SPR-CU-ZV Q All significant (8-inch or greater trunk diameter, or cumulative trunk diameter if multi-trunked, as measured 54 inches above the ground) non-protected tress on the site proposed for removal shall be replaced at a1:1 ratio with a minimum 24- inch box tree. Net, new trees, located within the parkway of the adjacent public right(s), may be counted toward replacement tree requirements. 12. Removal of planting of any tree in the public right-of-way requires approval of the Board of the Public Works. Contact the Urban Forestry Division at All trees in the public right-of-way shall be provided per the current standards of the Urban Forestry Division, the Department of Public Works, and Bureau of Street Services. 13. The project shall comply with the City of Los Angeles Noise Ordinance Nos. 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. 14. 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. 15. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. 16. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. c. Construction Measures 17. A sign is required to be placed on-site which clearly states a contact/complaint telephone number that provides a contact to a live voice (not a recording or voice mail), during all hours of construction, the construction site address, and the Conditional Use Permit Case Number. YOU ARE REQUIRED TO POST THE SIGN 7 DAYS BEFORE CONSTRUCTION IS TO BEGIN. 18. 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. 19. The project shall comply with the City of Los Angeles Noise Ordinance Nos. 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. 20. The project shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment. 21. 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 must be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. 22. Clean up leaks, drips and spills immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

8 CPC ZC-HO-SPR-CU-ZV Do not hose down pavement at material spills. Use dry cleanup methods whenever possible. 24. Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. D. Administrative Conditions 25. Grant. The Conditional Use grant is non-transferable and shall have no expiration date except as provided under Sections M, P and of the Los Angeles Municipal Code. 26. 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. 27. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are more restrictive or have been modified. 28. 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. 29. 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. 30. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Planning Department and any designated agency, or the agency's successor and in accordance with any stated laws or regulations, or any amendments thereto. 31. Building Plans. Page 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. 32. 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. 33. Project Plan Modifications. Any corrections and/or modifications to the Project

9 CPC ZC-HD-SPR-CU-ZV 0-4 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. 34. Mitigation Monitoring. The applicant shall identify mitigation monitors who shall provide periodic status reports on the implementation of the Environmental Conditions specified herein, as to area of responsibility, and phase of intervention (pre- construction, construction, post-construction/maintenance) to ensure continued implementation of the Environmental Conditions.

10 Sec. _. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance Angeles, at its meeting of was passed by the Council of the City of Los _ JUNE LAGMAY, City Clerk By _ Deputy Approved _ Mayor Pursuant to Section 558 of the City Charter, the City Planning Commission on September 27,2012, recommended this ordinance be adopted by the City Council. File No. _

11 CPC ZC-HD-S', ;-<-CU-ZV T-1 CONDITIONS FOR EFFECTUATING (T) OR [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. Bureau of Engineering. a. That a variable width partial elbow section be dedicated along Gault Street near the intersection with Cedros Avenue adjoining the subdivision. This elbow section may be modified to exclude the property in the R-1 zone all on an alignment satisfactory to the Valley Engineering District Office. b. That all the public sewer and utility easements be shown on the final tract map unless satisfactory arrangements have been made for their merger satisfactory to the City Engineer. c. That the following improvements be either constructed prior to recordation of the final map or that the construction be suitably guaranteed: 1. Improve Gualt Street being dedicated and adjoining the tract by the construction of a partial elbow section and concrete sidewalk to complete a full-width concrete sidewalk with tree wells including any necessary removal and reconstruction of the existing improvements. 2. Improve Sherman Circle adjoining the tract by the reconstruction of the existing concrete sidewalk to provide a full-width sidewalk including any necessary removal and reconstruction of the existing improvements. 2. Street Lighting. Construct new street light(s): two (2) on Gault Street. If street widening per BOE improvement conditions, relocate and upgrade street lights; five (5) on Gault Street. 3. Stormwater, Prior to the issuance of a Grading Permit, the project shall comply with the Standard Urban Stormwater Mitigation Plan (SUSMP) and/or the Site Specific Mitigation Plan to mitigate stormwater pollution as required by Ordinance No. 's 172,176 and 173,494. The appropriate design and application of Best Management Practice (BMP) device(s) and facilities shall be determined by the Watershed Protection Division of the Bureau of Sanitation, Department of Public Works. More Information may be obtained at 4. Department of Transportation. a. For all two-way driveways, a width of W=30', exclusive of side slope shall be provided. b. For all one-way driveways, a width of W=16', exclusive of side slope shall be provided. c. A minimum reservoir space between the new property line and the first parking stall or gate shall be provided for all driveways.

12 CPC ZC-HD-SI''\-CU-ZV T-2 d. Parking stalls shall be designed so that a vehicle is not required to back up into or out of any public street or sidewalk. e. Final DOT approval shall be obtained prior to the issuance of any building permits. This should be accomplished by submitting a detailed site and driveway plans, with a minimum scale of 1"=40', to DOT's Valley Development Review Section at 6262 Van Nuys Boulevard, Suite 320, Van Nuys, CA

13 CPC ZC-HD-S'i<-CU-ZV F-1 FINDINGS General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located within the area covered by the Van Nuys-North Sherman Oaks Community Plan (the "Plan"), which was adopted by the City Council on September 9, 1998 (Council File ). The Plan map designates the property for Community Commercial land Uses. The Corresponding Zones under the Community Commercial Plan Designation is the CR, C2, C4, RAS3 and RAS4 Zones. The property is currently zoned C2. Therefore, the proposed zone change from the C2 Zone to the (T)(Q)RAS3-1 L Zone is consistent with the Community Plan Land Use Designation as defined in the Plan and as established by the Community Plan Map. 2. General Plan Text. The Encino-Tarzan Community Plan text includes the following relevant land use objectives, policies and programs: Goal 1 of the Plan encourages: "A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY" The objective of this goal reads: iii Objective "To provide for the preservation of existing housing and from the development of new housing to meet the diverse economic and physical needs of the existing resident and projected population of the Plan area to the year 2010." The relevant policies of the objective read: iii Policy "Designate specific lands to provide for adequate multi-family residential development." This policy reflects the intent of the plan to allocate specific areas for residential development. The project site is desiqnated for "Community Commercial" land uses which also permits residential development. iii Policy "Protect existing single-family residential neighborhood from new, out-of scale development." The plan calls for the use of the Urban Design Guidelines, height limitations and land use desiqnations that allow specified zones in certain areas. The project involves the reduction of the current permitted height on one side of the site to be consistent with the height limitation on the adjoining portion of the site. The existing hospital building is seven stories, while the project would involve a fivestory building. The project was reviewed by the Urban Design Studio and the Professional Volunteer Program. The project incorporates design elements of the Design Guidelines that reduces mass and limits heights to less than what is currently observed on the site. iii Policy "Protect existing stable single family and low density residential neighborhoods from encroachment by higher density residential and other incompatible uses." The proposed RAS3 Zone serves as a transitional zoning scheme between the less intensive residential land uses south of the site to the higher intense commercial zoning occurring on the site and adjacent sites to the north. The

14 CPC~ ZC-HD-Sij,-CU-ZV F~2 RAS3 Zone is less intensive relative to density than what currently is allowed under the C2 Zone (R4 Residential Density). The density for RAS3 is based on 800 square feet per unit compared to 400 square feet per unit under the R4 (C2) Policy "Protect the quality of the residential environment through attention to the appearance of communities, including attention to building and site design." The project incorporates Urban Design Concepts of the City's Urban Design Guidelines by implementing green walls, employing architectural embellishments and the use of an abundance of landscaping including the use of building materials that combine earth-tone colors and other complimentary colors and materials. The site plan includes Town home style units located along Gault Street, which have direct access along the street similar to other existing residences in the Policy "The City should promote neighborhood preservation, particularly in existing single family neighborhoods, as well as in areas with existing multiple family residences." As noted above, the project involves the addition of residential uses located on lot currently zoned for commercial and higher density multi-family residential land uses. The project would result in zoning less intense than what is allowed currently, while providing high quality and contemporary housing that would enhance the neighborhood and assist in the retention and preservation of residential housing. The proposed Zone Change, including the proposed Height District Change, would allow development consistent with the Community Commercial Land Use Designation subject to the development standards of the RAS3 Zone. The project would incorporate landscaping and design elements consistent with the Plan's policies and programs and would preserve and enhance the existing multi-family neighborhood. The project was reviewed by the Urban Design Studio and the Profession Volunteer Program (architectural review). This project would not encroach into any single-family area and is adequately buffered by the transitional zoned property located across and south of the project site (RD1.5 and R3 Zoned multi-family residences). Further, the Height District of 1L will reduce the overall potential height that can occur on the site currently (areas of the site current subject to the 20 Height District have no height limitation while the 1L Height District limits height to 75 feet). The project has been reviewed by the Department of Transportation ("OOr). No traffic impacts are expected as evaluated by DOT in its evaluation under the Site Plan Review application for Transportation Analysis. Framework Element. The Framework Element for the General Plan was adopted by the City of Los Angeles on August The Framework Element provides guidance regarding policy issues for the entire City of Los Angeles, including the project site. The Framework Element also sets forth a Citywide comprehensive long range growth strategy and defines Citywide polices regarding such issues as land use, housing, urban form, neighborhood design, open space, economic development, transportation, infrastructure, and public services. The project site is an under improved parcel designated for Community Commercial land uses. The project provides an infill development in a neighborhood comprised of multifamily, single-family and commercial land uses. By enabling the construction of

15 CPC ZC-HO-St,,-CU-ZV F-3 residential uses in close proximity to existing multi-family neighborhoods and commercial uses, the proposed Zone Change would be consistent with several goals and policies of the Framework Element. Further, the Land Use chapter of the Framework Element identifies objectives and supporting policies relevant to the project. Those objectives and policies seek, in part, to provide for the stability and enhancement of residential neighborhoods. With respect to this, the development of this site within a transitional commercial and residential area serves to stabilize and enhance the residential character of the area in a manner that satisfies the purpose and intent of the Framework Element. 3. Transportation Element. Sherman Circle and Gault Street are classified as Local Streets. The project would be required to comply with the Highway and Street Standards of the Los Angeles Municipal Code. Bureau of Engineering and the Department of Transportation have reviewed the project and have required improvement to the street system. Therefore, General Plan will be not be adversely affected by the recommended action herein. 4. The Sewerage Facilities Element of the General Plan will be not be adversely affected by the recommended action. The project will be connected to existing sewer facilities consistent with the health and safety goals of this Plan Element. 5. Street Lights. The Bureau of Street Lighting requires the installation of street lights as conditioned herein. Entitlement Findings 6. Zone Change Findings (Public Necessity, Convenience, General Welfare, and Good Zoning Practice). Pursuant to LAMC Section C.7, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. Public Necessity: The granting of the proposed Zone Change would result in a project that addresses public necessity by providing residential land use options for individuals and families. Convenience: Granting the proposed zone change would result in a project that is consistent with the public convenience. The project site is located in a residential and commercial neighborhood within the Van Nuys-North Sherman Oaks Community Plan area. The site's proximity to Van Nuys Boulevard and Sherman Way provides convenient vehicular access and public transit opportunities to residential and commercial uses. The residential use will also serve the local neighborhood and the community at large by preserving and enhancing the character of the multi-family residential neighborhood. General Welfare: Granting the requested zone change would be consistent with the General Welfare, in that the instant request involves a zone and use that is consistent with the plan's underlying Land Use Designation of Community Commercial. The property is currently underutilized. The improvements resulting from the zone change will enhance the visibility and aesthetic character of the site. Further, the project would be designed in conformance with all applicable fire and safety codes which are intended to

16 CPC ZC-HD-Sli<-CU-ZV F-4 promote the General Welfare. Lastly, the applicant is proposing a project that would be consistent with applicable zoning regulations. Good Zoning Practice: The existing C2 Zone allows for R4 residential densities, which is more intense than the proposed RAS3 Zone. Although both the C2 Zone and the RAS3 Zones are corresponding to the Plan's Community Commercial Land Use Designation, the proposed RAS3 Zone will provide less density and preserve and enhance the character of the surrounding neighborhood consistent with the intent and purpose of the Community Plan. The Height District Change from 20 to 1L for the entire site will ensure that reasonable allowed heights will prevail on the project site by reducing the maximum height as unlimited relative to a Floor Area Ratio of 6: 1 to limiting height to 75 feet. The current hospital building which is seven stories will be replaced with five story residential structures. Site Plan Review Findings 7. That the project complies with all applicable provrsrons of the los Angeles Municipal Code, Planning and Zoning Code, and any Specific Plan. As stated in the General Plan/Charter Findings above, the project IS In substantial conformance with the purposes, intent and provisions of the General Plan and applicable Community Plan. There are no Specific Plans applying to the subject property. Additional Findings have been made relative to the Zone Change (including the Height District Change), General Plan Elements, Conditional Use and Zone Variance Findings as stated herein. 8. That the project is consistent with the General Plan. As stated in the General Plan/Charter Findings above, the project is in substantial conformance with the purposes, intent and provisions of the General Plan and applicable Community Plan. 9. That the project is consistent with any applicable adopted redevelopment plan. The project is not located within any adopted redevelopment plan area. 10. That the project consists of an arrangement of buildings and structures (including height, bulk, and setbacks), off-street parking facilities, loading areas, lighting, landscaping, trash collection, and other such pertinent improvements, that is or will be compatible with existing and future development on adjacent properties and neighboring properties. The site plan clearly demonstrates that the location of buildings is consistent with building constraints of the Code by abiding by all setbacks and conforming to the height and development standards of the RAS3-1 L Zone. The project was also reviewed by the Urban Design Studio and the Professional Volunteer Program, which has indicated that the project does conform to the Residential Citywide Design Guidelines for rnulti-tamlly uses. The project incorporates on-site, enclosed parking areas and will incorporate shielded lighting as conditioned herein. Further, any loading and trash collection areas will be screened and enclosed on-site within the garage area. 11. That the project incorporates feasible mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review, which would

17 CPC ZC-HD-$,,-CU-ZV F-5 substantially lessen the significant environmental effects of the project, and/or any additionally findings as may be required by CECA. The project was subject to review pursuant to the provisions of the California Environmental Quality Act. An initial study was prepared and a Mitigated Negative Declaration was prepared for the project. Mitigation Measures have been incorporated into the conditions of approval for the project A CEQA Finding is made part of this determination. 12. That any residential project provides recreational and service amenities to lmprove habitability for its residents and minimize impacts on neighboring properties. The project includes a number of amenities including a pool areas, social gathering areas, child play areas, recreation center and fitness gym, and outdoor living rooms. The project also provides bike racks for visitors and residents. The amenities provided are consistent with urban design concepts as well as the development standards of the code, Conditional Use Findings 13, The proposed location will be desirable to the public convenience or welfare, The use of the existing six-level parking garage on the project site will provide continued parking accommodations for patrons of the adjacent medical office buildings (as is required by a Covenant encumbering the site), The parking arrangements are an essential and historic use of the site for the adjacent medical office uses, and the removal of said parking would not only violate the Covent, but would also potentially cause adverse affects to the public convenience by denying parking accommodations that currently serve the adjacent uses, Therefore, the proposed location will be desirable to the public convenience or welfare. 14, The location is proper in relation to adjacent uses or the development of the community. As provided in the Finding above, the parking structure serves an important function to adjacent properties by providing much needed parking for those uses. Further, the parking facility will undergo improvements to improve the aesthetic character of the structure, Therefore, the location is proper in relation to adjacent uses or the development of the community. 15. The use will not be materially detrimental to the character of the development in the immediate neighborhood, The use of the parking structure has occurred at this site for many years and provides an important function in providing parking accommodations for the adjacent medical office uses. There have been no indications that the structure has ever been materially detrimental to the character of the immediate community, The structure helps to eliminate on-street parking thereby reducing or preventing parking congestion in the area, Further, the parking structure will undergo improvements that will enhance the aesthetic character of the structure, 16, The proposed location will be in harmony with the various elements and objectives of the General Plan.

18 CPC ZC-HD-SI j'-(-cu-zv F-6 There are eleven elements of the General Plan. Each of these Elements establishes policies that provide for the regulatory environment in managing the City and for addressing environmental concerns and problems. The majority of the policies derived from these Elements are in the form of Code Requirements of Los Angeles Municipal Code. The Land Use Element of the City's General Plan divides the city into 35 Community Plans. The Van Nuys-North Sherman Oaks Community Plan Map designates the property for Community Commercial land uses with the corresponding zones of CR, C1, C1,5, C2, C4, RAS3 and RAS4. The Subject Property historically has been within the C2 Zone and served a larger hospital campus. Overtime, the hospital use ceased and the adjacent medical office uses continued to serve the community. The existing parking structure is essential in providing continued parking for the medical office uses. Due to the Zone Change on the property, the existing use of the structure becomes nonconforming to the zoning regulations and subject to a Conditional Use Permit and Zone Variance. The property is also encumbered by a Covent that requires that the parking structure remain to serve the medical office uses. The request does not involve the development of a new parking structure. The existing structure is to remain to serve to medical office uses. The project as a whole, including the continued use of the parking structure, will continue to provide adequate parking for the area and serve to reduce and prevent on-street parking congestion. A denial of the Conditional Use Permit would only serve to increase parking congestion inconsistent with the spirit and intent of the General Plan and Zoning Code. Therefore, the proposed (existing) location will be in harmony with the various elements and objectives of the General Plan. Zone Variance Findings 17. That the strict application of the provisions of the Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations, The strict application of the zoning regulations would lead to unnecessary hardships by removing existing and essential parking accommodations serving adjacent medical office uses. The property was once part of a larger hospital campus that was comprised of a hospital and accessory uses, including medical offices. The hospital has since closed and a portion of the property was sold to other entities. However, a Covenant was created in order to keep the parking structure in use to provide the necessary parking needed for the medical office uses. A denial of the variance would only serve to deny parking to the medical offices and potentially cause adverse parking congestion on neighboring streets and neighborhoods. Therefore, the strict application of the provisions of the Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations. 18. That there are special circumstances applicable to the subject property, such as size, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity. The special circumstance is the historic use of the property as a hospital campus, including parking structures and accessory uses. Because the hospital closed several years ago, the site has undergone many changes and portions of the site have been sold to other entities. However, the subject parking structure has always been retained to provide essential parking accommodations for the adjacent medical office uses which has

19 CPC ZC-HD-Str<-CU-ZV F-7 been guaranteed through a Covenant. In addition, the parking structure will also serve to provide additional parking for the proposed residential use on site. The proposed RAS3 Zone is a corresponding zone under the Community Plan's (General Plan) Community Commercial Land Use Designation. The existing C2 Zone observed on adjoining properties (and currently applicable to the subject property) is also a corresponding zone under the said land use designation and allows R3 residential and commercial land uses. Parking accommodations are allowed by right in the C2 Zone where R3 uses are permitted (the RAS3 and R3 Zones are the same in terms of use and density, while the RAS3 allows for mixed-use development with differences relative to setback requirements and height limitations). Thus, it is clear that the Code would permit public parking as an accessory use in the C2 Zone (including when residential uses are utilized in the C2 Zone), whereas in the RAS3 Zone with the same R3 use and density, would not be allowed under Section C,5(h) of the Code. A disparity exists between arcane passages of the Code relative to what is allowed by the General Plan Designation in terms of corresponding zones and allowed uses and the specific zone that is requested (relative to commercial uses and the location of parking accommodations). The variance request simply remedies a technical conflict for a situation which is fundamentally allowed in the corresponding zones observed within the vicinity. Therefore, based on the above, a special circumstance does exist which does not generally apply to other properties in the same zone and vicinity. 19. That the variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships is denied to the property in question. As provided in the previous Findings (especially Finding 20), the parking structure is an essential element of the property. The parking structure provides much needed parking for the adjacent medical office uses. The special circumstance or situation that exists on this property is that there is an historic use of the structure and arrangements and agreements have been made in order to maintain the needed parking accommodations. The property has evolved over the years and only the medical offices remain of what was a larger hospital campus. The existing parking structure is important to the community as it prevents and deters parking congestion in the local neighborhood. It should also be noted that R3 uses are permitted in the C2 Zone, and commercial parking accommodations such as is being discussed here are allowed in the C2 Zone where residential uses exist. A denial of the variance would only serve to deny specified rights to adjacent property owners (rights which are memorialized by Covenant), and would also cause an unnecessary hardship to the properties in question. 20. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. The record is clear that the existing parking structure has been beneficial to the area by providing on-site parking for the adjacent medical office uses and reducing potential parking congestion in the area. The deterrence of parking congestion helps to prevent effects which could be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity of the property. Further, the parking structure will be enhanced with green screens to improve the aesthetic character of the site thereby improving the aesthetic character of the site and neighborhood. Therefore, the granting of the variance will not be materially detrimental to the public welfare or

20 CPC ZC-HD-S~«-CU-ZV F-8 injurious to the property or improvements is located. in the same zone or vicinity in which the property 21. That the granting of the variance will not adversely affect any element of the General Plan. The Land Use Element of the City's General Plan divides the city into 35 Community Plans. The Van Nuys-North Sherman Oaks Community Plan Map designates the property for Community Commercial land uses with the corresponding zones of CR, C'l, C1.5, C2, C4, RAS3 and RAS4. The subject property has historically been within the C2 Zone and served a larger hospital campus (the Northridge Hospital Campus Annex). Overtime, the hospital use ceased and the adjacent medical office uses continued to serve the community. The existing parking structure is essential in providing continued parking for the medical office uses. Due to the Zone Change on the property, the existing use of the structure now is not conforming to the applicable zoning regulations and subject to a Conditional Use Permit and Zone Variance. The property is also encumbered by a Covent that requires that the parking structure remain to serve the medical office uses. The request does not involve the development of a new parking structure. The existing structure is to remain to serve to medical office uses. The project as a whole, including the continued use of the parking structure, will continue to provide adequate parking for the area and serve to reduce and prevent on-street parking congestion. A denial of the Variance would only serve to increase parking congestion inconsistent with the spirit and intent of the General Plan and Zoning Code. Therefore, granting of the variance will not affect any element of the General Plan. CEQA Findings 22. A Mitigated Negative Declaration ENV MND was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The 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. I hereby adopt the Mitigated Negative Declaration and impose those conditions in this approval.

21 DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT City Planning Comrnisston Date: Time: Place: Public Hearing: Appeal Status; Expiration Date: Multiple Approval: September 27,2012 8:30 a.m. Van Nuys City Hall Council Chamber, 2 nd floor Sylvan Street Van Nuys, CA July 17, 2012 Appealable to City Council September 28,2012 N/A Case No.: CEQA No.: Incidental Cases: Related Cases: Council No.: Plan Area: Specific Certified GPlU: Zone: Plan: NC: CPC ZC-HD- SPR-CU-ZV ENV MND VTT N/A 6 Van Nuys-North Sherman Oaks N/A Van Nuys Community Commercial [Q]C2-1 L & [Q]C2-2D (Proposed - RAS3-1 L) Appllcant: IMT II Capital Sherman Circle, LLC Representative: Rosenheim & Associates, Inc. PROJECT LOCATION: PROPOSED PROJECT: REQUESTED ACTION: West Sherman Circle; West Gault Street; West Sherman Way. The proposed project involves the construction, use and maintenance of a 354-unit condominium complex (two buildings) having a floor area of approximately 435,847 square feet and reaching a maximum height of 60 feet on a lot comprised of 284,263 square feet of land. A total of 796 parking spaces will be provided. An existing six-level public parking structure having 610 parking spaces will be retained to accommodate and provide continued parking for adjacent medical office uses. The project would result in the demolition of an existing closed 7-story hospital building. The proposed project involves several entitlement requests: a Zone Change from the [Q]C2-2D and [Q]C2-1 L Zones to the RAS3-1 L Zone; a Height District Change from Height District 20 and 1L to Height District 1L; Site Plan Review for projects involving more than 50-units; a Conditional Use Permit to allow public parking in a residential zone; and a Zone Variance to permit an accessory use in a more restrictive zone than is required for the use it serves (public parking). The project also involves a Vesting Tentative Tract Map associated with the subdivision of the property for condominium purposes that was previously considered by the Advisory Agency. RECOMMENDED ACTIONS: 1. Recommend that the City Council Adopt a Zone Change from the [Q]C2 Zone to the (T)(Q)RAS3 Zone; 2. Recommend that the City Council Adopt a Height District Change from 20 and 1L to Height District 1L 3. Approve the requested Site Plan Review; 4. Approve the requested Conditional Use Permit; 5. Approve the requested Zone Variance; 6. Recommend that the applicant be advised that time limits for effectuation of a zone in the "T" Tentative classification or "Q" Qualified classification are specified in Section G of the LAM.C. Conditions must be satisfied prior to the issuance of building permits and, that the 'T' Tentative classification be removed in the manner indicated on the attached page.

22 CPC ZC-HO-SPR-CU.. Page 2 4. Adopt Attached Findings; 5. Adopt the Mitigated Negative Declaration as provided under case number ENV MND pursuant to the California Environmental Quality Act. 6. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption may be required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination ("NOO") filing. MICHAEL J. LOGRANDE Director of Plannin Nicholas Hendricks, City Planning Associate Telephone: (818)

23 TABLE OF CONTENTS Project Analysis,,A-1 Background Public Hearing and Communications (T) Conditions of Approval,,,,, T-1 (0) Conditions of Approval..,,,.,,,.,, Q-1 Findi ngs, "'''',,,,., """'" F-1 General Plan/Charter Entitlement Findings CEQA Findings Findings Exhibits: Maps/Plans A-ZIMAS Map B - Radius Map C - Tract Map Environmental Clearance Color Elevations, Site Plan, and other materials provided under separate cover

24 CPC ZC-HD-~.~-CU-ZV A-1 Background PROJECT ANALYSIS Location/Site Attributes/Environmental Setting Location - The subject project is located on the northerly side of Gault Street and the westerly side of Sherman Circle between Van Nuys Boulevard to the east, Sherman way to the North and Cedros Avenue to the west in the Community of Van Nuys (Van Nuys-North Sherman Oaks Community Plan). Site Attributes/Environmental Setting - The subject site is a relatively flat, irregular-shaped parcel, containing approximately 284,263 square feet of land. The site currently contains a seven-story closed hospital building (Northridge Hospital-Sherman Way Campus), a one-story medical office annex building, six-story parking structure (610 parking spaces), and two surface parking areas containing 266 parking spaces. The surrounding area is substantially developed with commercial, institutional, single-family and multi-family land uses subject to the R1-1, R3-1, RD1.5-1, R5-1, C2-1L, and C2-2D Zones. Properties abutting north of the site include a six-story and a three-story medical office building, a surface parking lot, Saint Mark's Episcopal Church, and an eight-story senior housing residential building. Farther north (located across Sherman Way), properties are primarily improved with commercial and religious uses including the Seventh Day Adventist Church, the Church of Christ, a storage building, a vacant lot, and a multi-tenant shopping center containing a supermarket. Properties located east of the site contain a number of commercially zoned properties including a one-story social services facility, a one-story drug store, a one-story auto repair facility, and several fast-food restaurants. Properties located south and west of the site are comprised of multi-family and single-family residences. Project The proposed project involves the construction, use and maintenance of a 354-unit condominium complex (two buildings) having a floor area of approximately 435,847 square feet and reaching a maximum height of 60 feet on a lot comprised of 284,263 square feet of land. A total of 796 parking spaces will be provided. An existing six-level public parking structure having 610 parking spaces will be retained to accommodate and provide continued parking for adjacent medical office uses (a recorded covenant requires the existing and future parking arrangement). The project would result in the demolition of an existing (closed) 7-story hospital building and accessory structures. Type Open I Units Height Parking i Zone!! I S ace i S aces JJProposed}J t:con~t<2.ijjli}j.t:l.ql.j~35,84 ~54~._.._. 2.Q~fe~L.~..L~~7~9.~.._~~S3-1 7 sf_._:!9~.?_?'~q_~ll~ The project also involves the subdivision of the property establishing two legal lots. The westerly lot (Jot2) would contain 70 units, and the easterly lot (lot 1) would contain 284 units, including the existing parking structure. Main access is provided from Gault Street and secondary/commercial parking access is provided from Sherman Circle at two locations. Both buildings would be five-stories tall (four residential levels over a podium level). Each of the two buildings would provide recreational/social gathering areas and would be comprised of a '--,..J

25 CPC ZC-HD-SPR-CU-ZV A-2 courtyard with pool area, a recreational pavilion, fitness center and outdoor seating area, a play yard and a social gathering area - including built-in seating, tables, chairs, and an outdoor living room. The applicant has indicated that the installation of satellite dishes on balconies will be prohibited and specified in lease agreements. The north and east elevation (abutting the church and medical office properties) includes a portion of the site having pedestrian and vehicular access from Sherman Circle which is designated as a Local Street. The applicant's plans do not include direct access to individual units at the Sherman Circle elevation. Landscaping is provided within the setback area and along the perimeter to accent and provide screening of the building's facade. The south elevation (Gault Street) includes individual pedestrian access to individual units facing Gault Street. This elevation also provides for the main vehicular access for both buildings and the existing parking structure via a private driveway. Green screens are proposed for the existing parking structure. The west elevation is similar to the north elevation and abuts a vacant property to west. Landscaping - Although the current plans do not reflect the landscaping in its entirety, the applicant has indicated that the project would include ground level landscaping within the outdoor living spaces adjacent to each building's main entrance and throughout setback areas along the east and west buildings, including grade plantings with bermed landscaped areas. The project would integrate 33 existing mature trees and 56 new trees into the landscape scheme. Green screens will be incorporated into the facade of the existing parking structure and along the podium edge of the east building and to soften or buffer the walls and the building along Sherman Circle elevation. Access/Parking and Circulation: Vehicular access to the property is taken from Gault Street and Sherman Circle. Parking would be provided at a ratio of 2 1/4 spaces per unit, consistent with Advisory Agency Parking Policy. A parking and driveway plan will be required to be submitted to the Department of Transportation for review and approval. Sidewalks - The subject property is currently served by improved sidewalks along Gault Street and Sherman Circle. The applicant has indicated that the project's design integrates directly with the sidewalks, featuring connected pedestrian paths through the project site. These areas will also be improved with grass parkways and include additional trees. Bicycle Racks - Currently the plan does not show the location or number of bike racks. However, the applicant has indicated that they would provide 80 bicycle racks (10% of the proposed parking spaces) for the development, including guest bicycle racks to be placed at the entrance locations of both buildings. The applicant has indicated that the plans will be revised to include the location of the proposed bicycle racks. This will be imposed as a Condition of Approval. Urban Design Studio/Architectural Review The project was reviewed by the Urban Design Studio and the Professional Volunteer Program ("PVP"). The PVP made the following suggestions via an dated August "Look at the building massing curve with Sherman Circle by curving the edge of the building with a series of small steps in the "Look at the landscaping being similar to existing landscaping in pedestrian areas in the adjacent project";

26 CPC ZC-H D-~ ~-CU-ZV A-3 e "Look at the building edges and avoid blank walls and loss of visual connection to the street. There were concerns about the building and podium edge along Sherman Circle with visual and physical access to the street" Street Desiqnatlon/lmprovement Requirements of Various City Agencies Gault Street is a Local Street and improved to a width of 60 feet. Sherman Circle is a Local Street and is improved to a width of 54 feet including a median that will be enhanced with additional landscaping. Bureau of Engineering has reviewed the project and is requiring improvements to Gault Street and Sherman Circle. See "1" Conditions.. The Department of Building and Safety has also reviewed the subject project and has listed a number of conditions that must be satisfied prior to an issuance of a clearance letter by the Department. The Department of Transportation has issued a traffic assessment establishing that the project would not cause a significant impact to traffic. A number of improvement conditions are required by DOT relative to street improvements and site access and internal circulation. See "1" Conditions. The Bureau of Street Lighting requires the submittal of plans and the formation or annexation of the property into a Street Lighting Maintenance Assessment District. Additional new street lights are required. See ''1'' Conditions. The Bureau of Sanitation, Watershed Protection Division requires that the project comply with the Standard Urban Stormwater Mitigation Plan and the Site Specific Mitigation Plan as required by Ordinance Nos. 172,176 and 173,494. Entitlements under the Purview of the Commission Zone Change - The project involves a Zone Change from the C2-1 Land C2-2D Zones to the (T){Q)RAS3-1 L Zone pursuant to Section F of the Los Angeles Municipal Code ("LAMC"). The RAS3 Zone is a Corresponding Zone under the Community Commercial General Plan Land Use Designation. The existing C2 Zone allows for residential uses at a R4 Zone Density (400 square feet per unit compared to RAS3 (R3) of 800 square feet per unit. Height District Change - The project involves a request to change the Height District from 1L and 2D to 1L pursuant to Section F of the LAMC. Currently, as noted above, the site is subject to two Height Districts (2D and 1L). The request will apply the 1L District over the entire site. The 1L Height District limits height to 6-stories or 75 feet. Height District 2 atlowsa maximum floor area of 6: 1 without limit to height. The D limitation refers to a restriction in the use of the site to a hospital use only and has no relevance to height. Site Plan Review - The project also requires Site Plan Review Pursuant to Section LAMC for projects involving 50 or more units of the Conditional Use Permit - Pursuant to Section W.37 of the LAMC, the project requests a Conditional Use Permit to allow public parking in an R Zone. This will remedy a technical conflict with the Code and allow the continued use of the parking garage which is required by

27 CPC ZC-HD-SPR-CU-ZV A-4 Covenant to remain on the site in order to continue to provide parking accommodations for the adjacent medical office uses. Zone Variance - Pursuant to Section of the LAMC, the project requests a Zone Variance to permit an accessory use (public parking) in a more restrictive zone than is required for the use that it serves. This request is similar to the Conditional Use Permit request in that it will resolve the technical conflict with the zoning regulations relative to the existing parking garage use that serves adjacent medical office uses and which, is also required by Covenant. General Plan/Zoning General Plan The Project Site is located within the adopted Van Nuys-North Sherman Oaks Community Plan area. The property is designated for Community Commercial land uses corresponding to the CR, C2, C4, RAS3 and RAS4 Zones. Various retail uses, limited manufacturing, service stations and garages, commercial office, churches, schools, auto sales and multi-family residential uses are permitted uses under the Community Commercial Land Use Designation. The majority of properties in this area are designated for Community Commercial, Medium, Low Medium and Low Residential Land Uses. Observed uses in the area are consistent with those uses described above. Chapter III (Land Use Policies And Programs) of the Van Nuys-North Sherman Oaks Community Plan ("Plan"), establishes policies that describe the need and desire to improve areas for mixed-use and residential uses. This includes locating residential areas in close proximity to commercial corridors and transit lines. Additionally, Goal 1 of the Plan establishes Objectives and Polic1es which are relevant to this case: Goal 1 of the Plan encourages: "A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY" The objective of this goal reads: \} Objective "To provide for the preservation of existing housing and from the development of new housing to meet the diverse economic and physical needs of the existing resident and projected population of the Plan area to the year 2010." The relevant policies of the objective read: e Policy "Designate specific lands to provide for adequate multi-family residential development." This policy reflects the intent of the plan to allocate specific areas for residential development. The project site is designated for "Community Commercial" land uses which also permits residential development. e Policy "Protect existing single-family residential neighborhood from new, outof scale development." The plan calls for the use of the Urban Design Guidelines, height limitations and land use designations thai allow specified zones in certain areas. The project involves the reduction of the current permitted height on one side of the site to be consistent with the height limitation on the adjoining portion of the site. The existing hospital building is seven stories, while the project would involve a five-story bullding. The project was reviewed by the Urban Design Studio and the Professional Volunteer Program. The project incorporates design elements of the Design Guidelines that reduces mass and limits heights to less than what is currently observed on the site,

28 CPC ZC-HO-f ~-CU-ZV A-5 III e e Policy "Protect existing stable single family and low density residential neighborhoods from encroachment by higher density residential and other incompatible uses." The proposed RAS3 Zone serves as a transitional zoning scheme between the less intensive residential land uses south of the site to the higher intense commercial zoning occurring on the site and adjacent sites to the north. The RAS3 Zone is less intensive relative to density than what currently is allowed under the C2 Zone (R4 Residential Density). The density for RAS3 is based on 800 square feet per unit compared to 400 square feet per unit under the R4 (C2) Zone. Policy "Protect the quality of the residential environment through attention to the appearance of communities, including attention to building and site design." The project incorporates Urban Design Concepts of the City's Urban Design Guidelines by implementing green walls, employing architectural embellishments and the use of an abundance of landscaping including the use of building materials that combine earth-tone colors and other complimentary colors and materials. The site plan includes Town home style units located along Gault Street, which have direct access along the street similar to other existing residences in the neighborhood. Policy "The City should promote neighborhood preservation, particularly in existing single family neighborhoods, as well as in areas with existing multiple family residences." The project involves the addition of residential uses located on a lot currently zoned for commercial and higher density multi-family residential land uses. The project would result in zoning less intense than what is allowed currently, while providing high quality and contemporary housing that would enhance the neighborhood and assist in the retention and preservation of residential housing. There are also a number of other similar policies that are relevant to this project. This project generally conforms to all other applicable policies established in the plan as prescribed in Chapter III of the Van Nuys-North Sherman Oaks Community Plan. Zoning Section of the Los Angeles Municipal Code ("LAMC") establishes the provisions of the RAS3 Zone and prescribes the development standards for apartment buildings, multiple dwellings, condominium buildings and other uses. The minimum allowed lot area in the RAS3 Zone is 5,000 square feet and 800 square feet per dwelling unit. Height District 1L allows a maximum height of 75 feet (Section LAMC) and a Floor Area Ratio ("FAR") of 3:1. Below is a listing of the required or allowed components relative to what is provided by the proposed project: Floor Area ,535 sf 435,847 sf Hei ht feet 60 feet Use Apartments, Apartments/Condominiums Condominiums, multiple dwellings, commercial uses Open Space 40,850 sf 40,850 sf No. Units ,263/800 sf 354 units Parking 2.25 spaces per unit 796 s aces 796 parking spaces

29 CPC ZC-HO-SPR-CU-ZV P-1 PUBLIC HEARING/COMMUNiCATiONS/CONCLUSION Public Hearing: A Public Hearing was held by the Hearing Officer and the Advisory Agency on July 17, 2012 at the Marlvn Braude building in Van Nuys. The public hearing was attended by the applicant, representatives of the applicant, a representative from Council District 6, and two residents. There were no statements of opposition to the project. Correspondence Received: No correspondence was received from members of the community. Agency reports were received for the Tract Map. An was received from the Urban Design Studio providing comments on design elements. Conclusion Planning recommends the approval of all entitlement requests. The project proposes a use and density consistent with the Van Nuys-North Sherman Oaks Community Plan. The current land use designation allows for R4 residential densities which would allow a maximum of 710 units compared to the proposed RAS3 density of 354 units. A total of 796 parking spaces (including guest parking spaces) will be provided consistent with the Advisory Agency Policy of 2.25 spaces per unit, which is a higher standard than what is required by the Code. The maximum parking requirement of the LAMC is 2 spaces per unit with no guest parking. The proposed height is less than what occurs on the site currently. The existing hospital building is seven stories tall compared to the proposed five-story tall buildings. The request for the Conditional Use Permit and Variance are technical in nature and do not represent the placement of nuisances or adverse uses on the project site. The granting of the Variance and Conditional Use would allow the parking accommodations on the site to continue to serve the adjacent medical office uses as is required by a Covenant binding the land to said use. Also, the retention of the parking structure will deter additional on-street parking and deter parking congestion. Infrastructure, water supply and public service needs will be met and are consistent with the anticipated future growth of the Plan. The project will be required to submit plans for street improvements to the satisfaction of the Bureau of Engineering. A traffic analysis was performed by the Department of Transportation under the Site Plan Review application. The Department of Transportation ("DOT") has determined that the project would not cause significant impacts to traffic. Additionally, DOT requires the submittal of a. parking and driveway plan in order to ensure safe ingress and egress of the site. Although the project does not entirely adhere to every aspect of the of the suggested design considerations of the Professional Volunteer Program ("PVP"), the project is generally consistent with the intent and purpose of the Residential Urban Design Guidelines by providing direct access to units along Gault Street, the use of green screens, providing an abundance of landscaping, providing bicycle racks, providing pedestrian oriented elements and the use of architectural embellishments/articulation. Further treatment to the Sherman Circle elevation is encouraged as suggested by the PVP. Architectural lighting placed within the exterior setback areas and along pedestrian paths is also encouraged along with the Identification (Le., paving materials) of pedestrian paths to and from the parking structure is also recommended.

30 CPC ZC-HD-f1-CU-ZV T-1 CONDITIONS FOR EFFECTUATING (T) OR [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. Bureau of Engineering. a. That a variable width partial elbow section be dedicated along Gault Street near the intersection with Cedros Avenue adjoining the subdivision. This elbow section may be modified to exclude the property in the R-1 zone all on an alignment satisfactory to the Valley Engineering District Office. b. That all the public sewer and utility easements be shown on the final tract map unless satisfactory arrangements have been made for their merger satisfactory to the City Engineer. c. That the following improvements be either constructed prior to recordation of the final map or that the construction be suitably guaranteed: 1. Improve Gualt Street being dedicated and adjoining the tract by the construction of a partial elbow section and concrete sidewalk to complete a full-width concrete sidewalk with tree wells including any necessary removal and reconstruction of the existing improvements. 2. Improve Sherman Circle adjoining the tract by the reconstruction of the existing concrete sidewalk to provide a full-width sidewalk including any necessary removal and reconstruction of the existing improvements. 2. Street Lighting. Construct new street light(s): two (2) on Gault Street. If street widening per BOE improvement conditions, relocate and upgrade street lights; five (5) on Gault Street. 3. Stormwater, Prior to the issuance of a Grading Permit, the project shall comply with the Standard Urban Stormwater Mitigation Plan (SUSMP) and/or the Site Specific Mitigation Plan to mitigate stormwater pollution as required by Ordinance No.'s 172,176 and 173,494. The appropriate design and application of Best Management Practice (BMP) device(s) and facilities shall be determined by the Watershed Protection Division of the Bureau of Sanitation, Department of Public Works. More Information may be obtained at 4. Department of Transportation. a. For all two-way driveways, a width of W=30', exclusive of side slope shall be provided. b. For all one-way driveways, a width of W=16', exclusive of side slope shall be provided. c. A minimum reservoir space between the new property line and the first parking stall or gate shall be provided for all driveways.

31 ere ZC-HD-SPR-CU-ZV T-2 d. Parking stalls shall be designed so that a vehicle is not required to back up into or out of any public street or sidewalk. e. Final DOT approval shall be obtained prior to the issuance of any building permits. This should be accomplished by submitting a detailed site and driveway plans, with a minimum scale of 1"=40', to DOT's Valley Development Review Section at 6262 Van Nuys Boulevard, Suite 320, Van Nuys, CA

32 CPC ZC-HO-:. "{-CU-ZV Q-1 (Q) or [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. Entitlement Conditions 1. Site Plan. The use and development of the subject property shall be in substantial conformance with the site plan, and elevations labeled Exhibit "A" attached to the subject case file. The location, type, and size of signage is not a part of this approval. Minor deviations may be allowed in order to comply with provisions of the Municipal code and the conditions of approval. 2. Use. The use of the subject property shall be limited to those uses permitted in the RAS3-1 L Zone as defined in Section A of the Los Angeles Municipal Code ("L.A. M. C. "). 3. Parking. Parking spaces shall be provided at a ratio of 2.25 spaces per unit, as prescribed by the Advisory Agency Parking Policy. A total of 80 bicycle racks shall be provided for residents and guests. The placement of the bicycle racks shall be placed a convenient locations for residents and guests. 4. Lighting. All lighting shall be shielded and directed onto the site. No floodlighting shall be located so as to illuminate directly onto any adjacent residential property. This condition shall not preclude the installation of low-level security lighting. 5. Height. The height of all buildings and structures on the subject property shall not exceed 75 feet, as defined in Section of the LAMC (Height District 1L). This height limitation excludes the lighting standards, flagpoles, and rooftop equipment. All rooftop equipment and/or duct work that exceeds the roof ridge or parapet wall, whichever is higher, shall be screened from horizontal view with materials compatible with the design of the structures. 6. Landscape Plan. The proposed project areas of the subject site shall be attractively landscaped and maintained in accordance with an approved landscape plan. The project shall also comply with all applicable provisions of Ordinance No. 170, Fire Department. Comply with any requirements of the Fire Department. 8. Solid Waste. Trash and recycling bins shall be provided at appropriate locations throughout the subject site, including the parking lot area. 9. Air Filtration. The applicant shall install an 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. S, Environi1Jental Mitigation Conditions 10. Prior to the issuance of any permit, a plot plan shall be prepared indicating the location, size, type, and general condition of all existing trees on site and with the adjacent public right(s)-of-way.

33 CPC ZC-HD-SPR-CU-ZV Q All significant (8-inch or greater trunk diameter, or cumulative trunk diameter if multi-trunked, as measured 54 inches above the ground) non-protected tress on the site proposed for removal shall be replaced at a1:1 ratio with a minimum 24- inch box tree. Net, new trees, located within the parkway of the adjacent public right(s), may be counted toward replacement tree requirements. 12. Removal of planting of any tree in the public right-of-way requires approval of the Board of the Public Works. Contact the Urban Forestry Division at All trees in the public right-of-way shall be provided per the current standards of the Urban Forestry Division, the Department of Public Works, and Bureau of Street Services. 13. The project shall comply with the City of Los Angeles Noise Ordinance Nos. 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. 14. 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. 15. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. 16. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. C. Construction Measures 17. A sign is required to be placed on-site which clearly states a contact/complaint telephone number that provides a contact to a live voice (not a recording or voice mail), during all hours of construction, the construction site address, and the Conditional Use Permit Case Number. YOU ARE REQUIRED TO POST THE SIGN 7 DAYS BEFORE CONSTRUCTION IS TO BEGIN. 18. 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. 19. The project shall comply with the City of Los Angeles Noise Ordinance Nos. 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. 20. The project shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment. 21. 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 must be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. 22. Clean up leaks, drips and spills immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

34 CPC ZC-HD-r<~-Cu-ZV Do not hose down pavement at material spills. Use dry cleanup methods whenever possible. 24. Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. D. Administrative Conditions 25. Grant. This Conditional Use grant is non-transferable and shall have no expiration date except as provided under Sections M, P and of the Los Angeles Municipal Code. 26. 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 Planninq Department for placement in the subject file. 27. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are more restrictive or have been modified. 28. 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. 29. 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. 30. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Planning Department and any designated agency, or the agency's successor and in accordance with any stated laws or regulations, or any amendments thereto. 31. Building Plans. Page 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. 32. 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. 33. Project Plan Modifications. Any corrections and/or modifications to the Project

35 c=c ZC-H D-SPR-CU-ZV 0-4 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. 34. Mitigation Monitoring. The applicant shall identify mitigation monitors who shall provide periodic status reports on the implementation of the Environmental Conditions specified herein, as to area of responsibility, and phase of intervention (pre- construction, construction, post-construction/maintenance) to ensure continued implementation of the Environmental Conditions.

36 CPC ZC-HD-f..~-CU-ZV F-1 FINDINGS General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located within the area covered by the Van Nuys-North Sherman Oaks Community Plan (the "Plan"), which was adopted by the City Council on September 9, 1998 (Council File ). The Plan map designates the property for Community Commercial Land Uses. The Corresponding Zones under the Community Commercial Plan Designation is the CR, C2, C4, RAS3 and RAS4 Zones. The property is currently zoned C2. Therefore, the proposed zone change from the C2 Zone to the (T)(Q)RAS3-1L Zone is consistent with the Community Plan Land Use Designation as defined in the Plan and as established by the Community Plan Map. 2. General Plan Text. The Encino-Tarzan Community Plan text includes the following relevant land use objectives, policies and programs: Goal 1 of the Plan encourages: "A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY" The objective GI of this goal reads: Objective "To provide for the preservation of existing housing and from the development of new housing to meet the diverse economic and physical needs of the existing resident and projected population of the Plan area to the year 2010." The relevant policies of the objective read: e r!) e Policy "Designate specific lands to provide for adequate multi-family residential development." This policy reflects the intent of the plan to allocate specific areas for residential development. The project site is designated for "Community Commercial" land uses which also permits residential development. Policy "Protect existing single-family residential neighborhood from new, out-of scale development." The plan calls for the use of the Urban Design Guidelines, height limitations and land use designations that allow specified zones in certain areas. The project involves the reduction of the current permitted height on one side of the site to be consistent with the height limitation on the adjoining portion of the site. The existing hospital building is seven stories, while the project would involve a fivestory building. The project was reviewed by the Urban Design Studio and the Professional Volunteer Program. The project incorporates design elements of the Design Guidelines that reduces mass and limits heights to less than what is currently observed on the site. Policy "Protect existing stable single family and low density residential neighborhoods from encroachment by higher density residential and other incompatible uses." The proposed RAS3 Zone serves as a transitional zoning scheme between the less intensive residential land uses south of the site to the higher intense commercial zoning occurring on the site and adjacent sites to the north. The

37 CPC-2012~0972-ZC-HD-SPR-CU-ZV F-2 RAS3 Zone is less intensive relative to density than what currently is allowed under the C2 Zone (R4 Residential Density). The density for RAS3 is based on 800 square feet per unit compared to 400 square feet per unit under the R4 (C2) Policy "Protect the quality of the residential environment through attention to the appearance of communities, including attention to building and site design." The project incorporates Urban Design Concepts of the City's Urban Design Guidelines by implementing green walls, employing architectural embellishments and the use of an abundance of landscaping including the use of building materials that combine earth-tone colors and other complimentary colors and materials. The site plan includes Town home style units located along Gault Street, which have direct access along the street similar to other existing residences in the neighborhood. e Policy "The City should promote neighborhood preservation, particularly in existing single family neighborhoods, as well as in areas with existing multiple family residences." As noted above, the project involves the addition of residential uses located on lot currently zoned for commercial and higher density multi-family residential land uses. The project would result in zoning less intense than what is allowed currently, while providing high quality and contemporary housing that would enhance the neighborhood and assist in the retention and preservation of residential housing. The proposed Zone Change, including the proposed Height District Change, would allow development consistent with the Community Commercial Land Use Designation subject to the development standards of the RAS3 Zone. The project would incorporate landscaping and design elements consistent with the Plan's policies and programs and would preserve and enhance the existing multi-family neighborhood. The project was reviewed by the Urban Design Studio and the Profession Volunteer Program (architectural review). This project would not encroach into any single-family area and is adequately buffered by the transitional zoned property located across and south of the project site (RD1.5 and R3 Zoned multi-family residences). Further, the Height District of 1L will reduce the overall potential height that can occur on the site currently (areas of the site current subject to the 2D Height DIstrict have no height limitation while the 1L Height District limits height to 75 feet). The project has been reviewed by the Department of Transportation ("DOr). No traffic impacts are expected as evaluated by DOT in its evaluation under the Site Plan Review application for Transportation Analysis. Framework Element. The Framework Element for the General Plan was adopted by the City of Los Angeles on August The Framework Element provides guidance regarding policy issues for the entire City of Los Angeles, including the project site. The Framework Element also sets forth a Citywide comprehensive long range growth strategy and defines Citywide polices regarding such issues as land use, housing, urban form, neighborhood design, open space, economic development, transportation, infrastructure, and public services. The project site is an under improved parcel designated for Community Commercial land uses. The project provides an infill development in a neighborhood comprised of multifamily, single-family and commercial land uses. By enabling the construction of

38 CPC ZC-HD-f1-CU-ZV F-3 residential uses in close proximity to existing multi-family neighborhoods and commercial uses, the proposed Zone Change would be consistent with several goals and policies of the Framework Element. Further, the Land Use chapter of the Framework Element identifies objectives and supporting policies relevant to the project. Those objectives and policies seek, in part, to provide for the stability and enhancement of residential neighborhoods. With respect to this, the development of this site within a transitional commercial and residential area serves to stabilize and enhance the residential character of the area in a manner that satisfies the purpose and intent of the Framework Element. 3. Transportation Element. Sherman Circle and Gault Street are classified as Local Streets. The project would be required to comply with the Highway and Street Standards of the Los Angeles Municipal Code. Bureau of Engineering and the Department of Transportation have reviewed the project and have required improvement to the street system. Therefore, General Plan will be not be adversely affected by the recommended action herein. 4. The Sewerage Facilities Element of the General Plan will be not be adversely affected by the recommended action. The project will be connected to existing sewer facilities consistent with the health and safety goals of this Plan Element. 5. Street Lights. The Bureau of Street Lighting requires the installation of street lights as conditioned herein. Entitlement Findings 6. Zone Change Findings (Public Necessity, Convenience, General Welfare, and Good Zoning Practice). Pursuant to LAMC Section C.7, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. Public Necessity:: The granting of the proposed Zone Change would result in a project that addresses public necessity by providing residential land use options for individuals and families. Convenience: Granting the proposed zone change would result in a project that is consistent with the public convenience. The project site is located in a residential and commercial neighborhood within the Van Nuys-North Sherman Oaks Community Plan area. The site's proximity to Van Nuys Boulevard and Sherman Way provides convenient vehicular access and public transit opportunities to residential and commercial uses. The residential use will also serve the local neighborhood and the community at large by preserving and enhancing the character of the multi-family residential neighborhood. General Welfare: Granting the requested zone change would be consistent with the General Welfare, in that the instant request involves a zone and use that is consistent with the plan's underlying Land Use Designation of Community Commercial. The property is currently underutilized. The improvements resulting from the zone change will enhance the visibility and aesthetic character of the site. Further, the project would be designed in conformance with all applicable fire and safety codes which are intended to

39 CPC ZC-HD-SPR-CU-ZV F-4 promote the General Welfare. Lastly, the applicant is proposing a project that would be consistent with applicable zoning regulations. Good Zoning Practice: The existing C2 Zone allows for R4 residential densities, which is more intense than the proposed RAS3 Zone. Although both the C2 Zone and the RAS3 Zones are corresponding to the Plan's Community Commercial Land Use Designation, the proposed RAS3 Zone will provide less density and preserve and enhance the character of the surrounding neighborhood consistent with the intent and purpose of the Community Plan. The Height District Change from 2D to 1L for the entire site will ensure that reasonable allowed heights will prevail on the project site by reducing the maximum height as unlimited relative to a Floor Area Ratio of 6: 1 to limiting height to 75 feet. The current hospital building which is seven stories will be replaced with five story residential structures. Site Plat:l Review Findings 7. That the project complies with all applicable provrsrons of the Los Angeles Municipal Code, Planning and Zoning Code, and any Specific Plan. As stated in the General Plan/Charter Findings above, the project is in substantial conformance with the purposes, intent and provisions of the General Plan and applicable Community Plan. There are no Specific Plans applying to the subject property. Additional Findings have been made relative to the Zone Change (including the Height District Change), General Plan Elements, Conditional Use and Zone Variance Findings as stated herein. 8. That the project is. consistent with the General Plan. As stated in the General Plan/Charter Findings above, the project is in substantial conformance with the purposes, intent and provisions of the General Plan and applicable Community Plan. 9. That the project is consistent with any applicable adopted redevelopment plan. The project is not located within any adopted redevelopment plan area. 10. That the project consists of an arrangement of buildings and structures (including height, bulk, and setbacks), off-street parking facilities, loading areas, lighting, landscaping, trash collection, and other such pertinent improvements, that is or will be compatible with existing and future development on adjacent properties and neighboring properties. The site plan clearly demonstrates that the location of buildings is consistent with building constraints of the Code by abiding by all setbacks and conforming to the height and development standards of the RAS3-1 L Zone. The project was also reviewed by the Urban Design Studio and the Professional Volunteer Program, which has indicated that the project does conform to the Residential Citywide Design Guidelines for multi-family uses. The project incorporates on-site, enclosed parking areas and will incorporate shielded lighting as conditioned herein. Further, any loading and trash collection areas will be screened and enclosed on-site within the garage area. 11. That the project incorporates feasible mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review, which would

40 CPC ZC-HD-:.. \-CU-ZV F-5 substantially lessen the significant environmental effects of the project, and/or any additionally findings as may be required by CEQA. The project was subject to review pursuant to the provisions of the California Environmental Quality Act. An initial study was prepared and a Mitigated Negative Declaration was prepared for the project. Mitigation Measures have been incorporated into the conditions of approval for the project. A CEQA Finding is made part of this determination. 12. That any residential project provides recreational and service amenities to improve habitability for its residents and minimize impacts on neighboring properties. The project includes a number of amenities including a pool areas, social gathering areas, child play areas, recreation center and fitness gym, and outdoor living rooms. The project also provides bike racks for visitors and residents. The amenities provided are consistent with urban design concepts as well as the development standards of the code. Conditional Use Findings 13. The proposed location will be desirable to the public convenience or welfare. The use of the existing six-level parking garage on the project site will provide continued parking accommodations for patrons of the adjacent medical office buildings (as is required by a Covenant encumbering the site). The parking arrangements are an essential and historic use of the site for the adjacent medical office uses, and the removal of said parking would not only violate the Covent, but would also potentially cause adverse affects to the public convenience by denying parking accommodations that currently serve the adjacent uses. Therefore, the proposed location will be desirable to the public convenience or welfare. 14. The location is proper in relation to adjacent uses or the development of the community. As provided in the Finding above, the parking structure serves an important function to adjacent properties by providing much needed parking for those uses. Further, the parking facility will undergo improvements to improve the aesthetic character of the structure. Therefore, the location is proper in relation to adjacent uses or the development of the community. 15. The use will not be materially detrimental to the character of the development in the immediate neighborhood. The use of the parking structure has occurred at this site for many years and provides an important function in providing parking accommodations for the adjacent medical office uses. There have been no indications that the structure has ever been materially detrimental to the character of the immediate community. The structure helps to eliminate on-street parking thereby reducing or preventing parking congestion in the area. Further, the parking structure will undergo improvements that will enhance the aesthetic character of the structure. 16. The proposed location will be in harmony with the various elements and objectives of the Genera! Plan.

41 CPC ZC-HD-SPR-CU-ZV F-6 There are eleven elements of the General Plan. Each of these Elements establishes policies that provide for the regulatory environment in managing the City and for addressing environmental concerns and problems. The majority of the policies derived from these Elements are in the form of Code Requirements of Los Angeles Municipal Code. The Land Use Element of the City's General Plan divides the city into 35 Community Plans. The Van Nuys-North Sherman Oaks Community Plan Map designates the property for Community Commercial land uses with the corresponding zones of CR, C1, C1.5, C2, C4, RAS3 and RAS4. The Subject Property historically has been within the C2 Zone and served a larger hospital campus. Overtime, the hospital use ceased and the adjacent medical office uses continued to serve the community. The existing parking structure is essential in providing continued parking for the medical office uses. Due to the Zone Change on the property, the existing use of the structure becomes nonconforming to the zoning regulations and subject to a Conditional Use Permit and Zone Variance. The property is also encumbered by a Covent that requires that the parking structure remain to serve the medical office uses. The request does not involve the development of a new parking structure. The existing structure is to remain to serve to medical office uses. The project as a whole, including the continued use of the parking structure, will continue to provide adequate parking for the area and serve to reduce and prevent on-street parking congestion. A denial of the Conditional Use Permit would only serve to increase parking congestion inconsistent with the spirit and intent of the General Plan and Zoning Code. Therefore, the proposed (existing) location will be in harmony with the various elements and objectives of the General Plan. Zone Variance Findings 17. That the strict application of the provlsions of the Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations. The strict application of the zoning regulations would lead to unnecessary hardships by removing existing and essential parking accommodations serving adjacent medical office uses. The property was once part of a larger hospital campus that was comprised of a hospital and accessory uses, including medical offices. The hospital has since closed and a portion of the property was sold to other entities.. However, a Covenant was created in order to keep the parking structure in use to provide the necessary parking needed for the medical office uses. A denial of the variance would only serve to deny parking to the medical offices and potentially cause adverse parking congestion on neighboring streets and neighborhoods. Therefore, the strict application of the provisions of the Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations. 18. That there are special circumstances applicable to the subject property, such as size, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity. The special circumstance is the historic use of the property as a hospital campus, including parking structures and accessory uses. Because the hospital closed several years ago, the site has undergone many changes and portions of the site have been sold to other entities. However, the subject parking structure has always been retained to provide essential parking accommodations for the adjacent medical office uses which has

42 CPC ZC-HD-! ~-CU-ZV F-7 been guaranteed through a Covenant. Therefore, the Covenant and historical use of the site demonstrate the special circumstance applicable to the property which does not generally apply to other properties in the same zone and vicinity. 19. That the variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships is denied to the property in question. As provided in the previous Findings, the parking structure is an essential element of the property. The parking structure provides much needed parking for the adjacent medical office uses. The special circumstance or situation that exists on this property is that there is an historic use of the structure and arrangements and agreements have been made in order to maintain the needed parking accommodations. The property has evolved over the years and only the medical offices remain of what was a larger hospital campus. The existing parking structure is important to the community as it prevents and deters parking congestion in the local neighborhood. A denial of the variance would only serve to deny specified rights to adjacent property owners (rights which are memorialized by Covenant), and would also cause an unnecessary hardship to the properties in question. 20. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. The record is clear that the existing parking structure has been beneficial to the area by providing on-site parking for the adjacent medical office uses and reducing potential parking congestion in the area. The deterrence of parking congestion helps to prevent effects which could be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity of the property. Further, the parking structure will be enhanced with green screens to improve the aesthetic character of the site thereby improving the aesthetic character of the site and neighborhood. Therefore, the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. 21. That the granting of the variance will not adversely affect any element of the General Plan. The Land Use Element of the City's General Plan divides the city into 35 Community Plans. The Van Nuys-North Sherman Oaks Community Plan Map designates the property for Community Commercial land uses with the corresponding zones of CR, C'l, C1.5, C2, C4, RAS3 and RAS4. The subject property has historically been within the C2 Zone and served a larger hospital campus (the Northridge Hospital Campus Annex). Overtime, the hospital use ceased and the adjacent medical office uses continued to serve the community. The existing parking structure is essential in providing continued parking for the medical office uses. Due to the Zone Change on the property, the existing use of the structure now is not conforming to the applicable zoning regulations and subject to a Conditional Use Permit and Zone Variance. The property is also encumbered by a Covent that requires that the parking structure remain to serve the medical office uses. The request does not involve the development of a new parking structure. The existing structure is to remain to serve to medical office uses. The project as a whole, including the

43 CPC ZC-HD-SPR-CU-ZV F-8 continued use of the parking structure, will continue to provide adequate parking for the area and serve to reduce and prevent on-street parking congestion. A denial of the Variance would only serve to increase parking congestion inconsistent with the spirit and intent of the General Plan and Zoning Code. Therefore, granting of the variance will not affect any element of the General Plan. CEQA Findings 22. A Mitigated Negative Declaration ENV MND was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The 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. I hereby adopt the Mitigated Negative Declaration and impose those conditions in this approval.

44 (l)ol Q) e (5 'c Ole e «0.. ro (I)>> 0_ ~.::.- e OQ) Et J E oj 0. <II ::;,;!!! OJ ~ 00 '" <II E o F ~ :::: ro 0. Q) o +~ o J ro "2 Q) E E o ~ c; ::J E o """"""'" Q) c; 0 Z Q) c; 0.s.::: 0 z o 0.;...:.ci 0 ' J «F- W Z ~ !------;~---- G:: ~ t- Z~~ ~~~~~ ~ N!..-~",-==...s;_...l..._

45 e (f) --' ;i; ~ f2 '-? 0 Z r;< N < u I g U <il --'!- u a C2!- Vl ~. ::;, z g f- 0: :r: "''1 \.9 I-' Iliil rn I!IJI\ I!! 10 "'GAlS ;! ~~ o o o 0":' ~ 'e- ~ 0:: Q ;:\ r=~~~~~~~-'-r-'~-y~------~~~ :I: z ~ 0:: ill I (f)' ~ 1"-"'-" ~f' z ill

46 ~~~~11<~ ~g 8 i..jau)\5bo~ J: ~~ ~ t; ie~~...~~5 o~~ ~~~ '" g " I!" 0 "'1;;8",;1; il." 1i. t; ~i~~~ I ~g~"':bd~ M 'I~~'I~~ oeg~~z VI w J: i~~; 0 I~~~ r 0 o 0 U ~ 0" l' u, ~~ ~~:S~~~~... '" f ~~~~ o. ~ "UI ':J I;; :::> r-, e. ::E U"!cilri~oi9 ~ 1- <> VI :J {O'Z~w::z '_M:<:,;... ~ ~~:; 1; -t;,.,i!''1tiil~ ~ '" in Z:l.j~'" z "li-.-w tio..~ "e; z: 8 ~OF~~Lt..~ ii:"' o It..~u)IO.o...~1X. o ~':i Z l- II o"''1t 6o~ w" li~ 0- I- U ffi ~g~om!!a ;<;i ;l <{ (J) ~ L:..O~ldo..J W ~o~ u~~ 0", W 0::: "''':1;; \,;'li"''li 0..,. "''0 0 s ~g;,..tc.:jiij(i1 ~8 ~ > I- ~ ;:?~dt;j~~~... Vi ~~~~:3~o ':':c.=.i W ~ z"'il):i:... ii:!q > s ~~J:~f3tt1C1 gg l- Lo.~g~~~~ V) Iii IX: o3=o.;.j ~""'" l:l ~ e :z-w~:3:~...1"" o~ WO~V1 u; -i!'i;;'li~ '" Q v,oa.., "'''' ;/ I i!!, ~l. " 0; ~ ~~z {.\g J _ a. ~ I~~ '"'" u--' ~~ In:~! ~1 Ig ; d R j r-- ~ i! ~ii!:n h ~ if i e " c in a ~ ~ ~ u. " ~ ~ Ii ~ ~~;: e ~ 11 i " " ~ z ~ " ~ a 1i - " ~ L f I I I I \ \ I I I I r. I I I I 01 I, ; ~ "'1 0.' J ' ---l C ~~~~\~~~"~ -:1 I I I I' I I, :,..J I" I ~I I ~o~ "ROOt l:) I::U ':::0 v~ I!tr ~ 1m.cIG ~od > '\" (.:; \ I ~==::::-."to:nn~i\~; ::~'i;rn.j '" z: ~~~6~~cf ~ ;;i- W ~@~I;;go~ Vl ;}' I- <o~~~~)!!l,i- I ~g6~+3~~ ~~~~g~,~",~~~:-~':- -:"=-=-'~'== :::' =~~~~:z=:~~ ("om Trol. "'"*J SO~G3J ~

47 --_.... j CITY OF LOS ANGELES.1 OFFICE OF THE CITY CLERK ROOM 395, CITY HALL 1I=m~.==~_~.._~~..~ ~_~_..~~c~~p~r~~a=pl~i~tr~~o~:~=sn=~~fr~~=~=~=!~~s~~' ~=N~~E~~~~=1~:=I;=~=A~=;=O~=O~~I:=_F}A~fJ,.C~TT~,9=_N=._ ~~~~.~~~~~~~, LEAD CITY AGENCY : COUNCIL DiSTRICT Cityof~~~ A~~eles : 6 PROJECT TITLE. CASE NO. ENV MND CPC ZC-HD-SPR-CU-ZV, VTT _... PROJECT LOCATION l-~~:~~~~=;~c= ~~ ~~ ~-~-~~~-~-T-I=O=N~==~-~~~--'~-~~~~~~~.~... ~-.~...=..~- -,~~ ~..~-.~... ~.-~ ~ -~ ~~~~~~~~~l! IThe project involves a request for a Zone Change from the [Q]C2-2D and [Q]C2-1 L Zones to the RAS3-1 L Zone; a Height District Change from Height District 2D and 1L to Height District 1L; a Vesting Tentative Tract map associated with the subdivision of the prop~rty for condominiun: purposes; a ~o~ditional U~e 'permit.to allow public ~arking in a re~identi~1zo.ne; an.d a ~one ~ariance to l L permit an accessory use In a more restrictive zone this IS required for the use It serves (public parking) In conjunction With the : construction, use and maintenance of a 354-unit condominium complex (two buildings) having a floor area of approximately 435,847 square feet and reaching a maximum height of 60 feet on a lot comprised of 284,263 square feet of land. A total of 796 parking spaces will be provided. An existing six-level public parking structure having 610 parking spaces will be retained to accommodate and p~~\fide continued pajki~g fo~~~lac~nt.rl1.e_~ic~i_.()~!~~~ses.... 'NAME AND ADDRESS OF APPLICANT IF OTHER THAN CITY AGENCY IMT Capital II, Sherman Circle, LLC CIO Peggy Malone-Brown, Rosenheim & Associates, Oxnard Street, Suite 780 Woodland Hills, CA FINDING:...,._.-...._,', " 1 The City Planning Department of the City of Los Angeles has Proposed that a mitigated negative declaration be adopted for.1. this project because the mitigation measure(s) outlined on the attached page(s) will reduce any potential significant adverse.:. effects to a level of insignificance I (CONTINUED ON PAGE 2) r {.. ' ,. ~." _ - ---',' ---, ~ SEE ATTACHED SHEET(S) FOR ANY MITIGATION MEAS\JRES IMPOSED. - _-, "".,..,,_._.., I Any written comments received during the public review period are attached together with the response of the Lead City Agency. The project decision-make may adopt the mitigated negative declariation, amend it, or require preparation of an EIR. I1 Any changes made should be supported by substantial evidence in the record and appropriate findings made., ~, ".. '.".'."_'.~'.'. v.,_. _, ~.. ".... ~.... "'.',..... _.... _,,~... THE INITIAL STUDY PREPARED FOR THIS PROJECT IS ATTACHED. ","'..'~.~. " ".. ",""'~ _._,~,_. -.--".,.. _.,..''',.'''''','.." ',..,., " ".... "... _._",.,_., ~ "."'.,.~- ~.,_ ~. _r _" T '." ~, T_.. '~ ~ ~'''. C'~'" rame OF PERSON PREPARING THIS FORM ' TITLE, ITELEPHONE NUMBER' - Inc. lnicholashendricks_ "", " City Planning Associate, ~4:5046 IADDRESS!SIGNATURE (Official) -- loite _. I~~~ 1I ~~~:~~~, I ;'l/ -r / ~... FL00G:~ ~A ~~R~~;;th v _ ~=. =_ ='%= C~ ~~,~_..-.,=-?--~.?L--_"'~~~~~~=","-O=7~/1~1/~2_01~2~.._.~.~..~ ~ ~_..~ ~_..~~~ ENV MND Page 1 of22

48 MITIGATED NEGATIVE DECLARATION ENV MND IV-70,,II> Tree Removal (Non-Protected Environmental impacts from project implementation may result due to the loss of significant trees on the site. However, the potential impacts will be mitigated to a less than significant level by the following measures: Prior to the issuance of any permit, a plot plan shall be prepared indicating the location, size, type, and general condition of all existing trees on the site and within the adjacent public right(s)-of-way. All significant (8-inch or greater trunk diameter, or cumulative trunk diameter if rnulti-trunked, as measured 54 inches above the ground) non-protected trees on the site proposed for removal shall be replaced at a 1:1 ratio with a minimum 24-inch box tree. Net, new trees, located within the parkway of the adjacent public right(s)-of-way, may be counted toward replacement tree requirements. Removal or planting of any tree in the public right-of-way requires approval of the Board of Public Works. Contact <J Urban Forestry Division at: All trees in the public right-of-way shall be provided per the current standards of the Urban Forestry Division the Department of Public Works, Bureau of Street Services. XII-20. Increased Noise Levels (Demolition, Grading, and Construction Activities) 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. 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. Demolition and construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. The project contractor shall use power construction equipment with state-of-the-art devices. noise shielding and muffling ENV l\1ND Page 2 of22

49 ... CITY OF LOS ANGELES OFFICE OF THE CITY CLERK ROOM 395, CITY HALL LOS ANGELES, CALIFORNIA CALIFORNiA ENVIRONMENTAL QUALITY ACT INITIAL STUDY and CHECKLIST (CEQA Guidelines Section 15063) _,~~. "~._,_~,...,.~.. ",.,._,, h ' ". ENVIRONMENTAL CASE:,RELATED CASES: ENV MND ; CPC ZC-HD-SPR-CU-ZV, VTT-717BO..~... ~""'"..,_._>,~. PREVIOUS ACTIONS CASE NO.: ; n Does have significant changes from previous actions. oj Does NOT have significant changes from previous actions.. ".,.. ~.. ""., --".. " _".. _ ,- - _......, '"''.,--,,_,.,. PROJECT DESCRIPTION: j VESTING TENTATIVE TRACT MAP FOR A 354 UNIT RESIDENTIAL CONDOMINIUM COMPLEX AND ASSOCIATED GROUND LEVEUSUBTERRANEAN PARKING WITHIN AN APPROXIMATELY 6.53 ACRE " "'-'''. --.~-".,..... "-'-..,."....._ _, ,,_,.. ". _......,._... ENV PROJECT DESCRIPTION: The project involves a request for a Zone Change from the [O]C2~2D and [OJC2~1L Zones to the RAS3-1 L Zone; a Height District Change from Height District 2D and 1L to Height District 1L; a Vesting Tentative Tract map associated with the subdivision of the property for condominium purposes; a Conditional Use Permit to allow public parking in a residential zone; and a Zone Variance to permit an accessory use in a more restrictive zone this is required for the use it serves (public parking) in conjunction with the construction, use and maintenance of a 354-unit condominium complex (two buildings) having a floor area of approximately 435,B47 square feet and reaching a maximum height of 60 feet on a lot comprised of 284,263 square feet of land. A total of 796 parking spaces will be provided. An existing six-level public parking structure having 610 parking spaces will be retained to accommodate and provi9e:l.?()~~!..~~ e..?pf.lrk.i.n~f0r.~~j l~~.~~i"ll"~.~i~c:l1 ()!!!~e~~~~...w.c..., " " '".... ENVIRONMENTAL SETTINGS: The subject property is located on the southwesterly side of Sherman Circle between Van Nuys Boulevard to the east and Cedros Avenue to the west, in the Van Nuys-North Sherman Oaks Community Plan Area. The site currently contains a medical office building and a six-level parking garage. The area is urban and built-out, and void of substantial environmental resources such as protected tree species, native plan assemblages, significant wildlife, wildlife corridors, etc. Further, the surrounding area is substantially developed with commercial, institutional, multi-family and single-family land uses subject to the R1-1, R3-1, RD1.S-1, C2-1L, and C2-2D Zones. ~.. L._. _., _, ' "_'~_' "".u ".".,,,_~ _... _._"_. _.~,,. PROJECT LOCATION:!4661..~ C?C:-LJ.~T.S.:!:c~, "., ", n COMMUNITY PLAN AREA: VAN NUYS ~NORTH SHERMAN OAKS STATUS:.. ~AREA PLANNING COMMISSION: icertified NEIGHBORHOOD ISOUTH VALLEY lcquncil: IVAN NUYS 'J Does Conform to Plan n Does NOT Conform to Plan EXISTING ZONING: f01c2-1l i MAX. DENSITY/INTENSITY! ALLOWED BY ZONING: RAS3-355 du's MAX. DENSITYIINTENSITY! GENERAL PLAN LAND USE: ' ALLOWED BY PLAN,LA River Adjacent: COMMUNITY COMMERCIAL ' DESIGN~ TION:.. I.. NO [Comrnunity Commercial/lvlediurn I _'~ "_'~"~~"'''''.#''_~''''~' '''_~''~_.'~ '''''''. ~~'.., " "'.,.~... ~. ~,,~~, ~.!3:.::i.~':~.!!~I '''.~_ ~..~.~" ". _.,..,..i FNV-'W MND Page 3 of2;

50 PROPOSED PROJECT DENSITY: RAS3-354 du's ENV-20 12~971-Iv1ND Page 4 of22

51 )etermination (To Be Completed By Lead Agency) On the basis of this initial evaluation: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DEC LARA TrON will be prepared. if I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions on the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o o I find the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ErR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is re ired. y Signature Title Phone Evaluation Of Envtronmental lrnpacts: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operati~nal impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less that significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate ifthere is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR, or negative declaration. Section (c)(3)(d). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. FNV-2012~971-J\!.rnD Page 5 «r z:

52 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.q., general plans, zoning ordinances): Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A sources list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. ENV MND Page 6 of22

53 Environmental Factors 'Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. m'... '".,...,..=".T...'.,...~...""""... ~~"'''''''O l~"".,""'.~,.-"'rc'."...="'~,.~~""'...;,.'a '"'~, ~nm '""'..,vr.""'~. ~~."'","""+.,...~..",,";c-""~ ~..,..,. 0 AESTHETICS 0 GREEN HOUSE GAS EMISSIONS D POPULATION AND HOUSiNG 0 AGRICUL TURE AND FOREST 0 HAZARDS AND HAZARDOUS 0 PUBUC SERVICES RESOURCES MATERIALS 0 RECREATION 0 AIR QUAUTY 0 HYDROLOGY AND WATER 0 TRANSPORTATION/TRAFFIC V BIOLOGICAL RESOURCES QUAUTY 0 UTILITIES AND SERVICE SYSTEMS 0 CULTURAL RESOURCES D LAND USE AND PLANNING 0 MANDATORY FINDINGS OF. ; D GEOLOGY AND SOILS D MINERAL RESOURCES SIGNiFICANCE V NOISE,-"-, ~". om'""'~_"-"."",,' "'""""~~.,~,,..._..w... '-_~.-"o~'';''''''''''. m _~_~_T_,'/,\".,"'''Cm-~f'''''_~.~W"<.'','~o ","="",~'-"~--"-~ ~,w,~.',."~"-'-"""~d"'~~' "".~~'-'~-...o_",",,~:'''' M'~'''''...,=...,'"',.,:-.I~_,...~,"'.-~...;~...,... '"';'"'''"~:,='' INiTIAL STUDY CHECKLIST (To be completed Background PROPONENT NAME: lmt Capital II, Sherman Circle, llc C/O Peggy Malone-Brown, Rosenheim & Associates, Inc, APPLICANT ADDRESS: Oxnard Street, Suite 780 Woodland Hills, CA AGENCY REQUIRING CHECKLIST: Department of City Planning PROPOSAL Sherman Circle NAME (if Applicable): by the Lead City Agency} PHONE NUMBER: (818) DATE SUBMITTED: 04/12/2012 ENV ~971-NfND Page 7 of22

54 .. u,..., _... _._...,-.,. _ Potentially ~nificant Potentially unless Less than significant mitigation significant _.._in:'~~~t,, d._inc5~-'j:,~rated il!!e~ct No impact. _~~ _. m_~._~. I. AESTHETICS verse effect on a scenic vista? damage scenic resources, including, but not limited to, trees, o~~utcr~ppin~~ ~.~..hi~!oric buildings ~!t~~~ ~st~~!;l~~~!~.~_~~hwa~~.._~ _. Substantially degrade the existing visual character or quality of the site and its surroundings? - -- Create a new source of substantial light or glare which would adversely affect day or nighttime views.in the are~? ~.._.. c_ _.,. II. AGRICULTURE AND FOREST RESOURCES 2. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program ofthe Califomia Resources ~~ency~ t.?~~na~~c:li~~~ra!use? b. Conflict with existing zoning for agric\;;lltural use, or a Willia c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production D±(!;'I»)?_._"_" '..._. (as defined by Goveml1'l~!l~ ~~de_l>~c;tk)~_~~.1 s of forest land or conversion of forest land to non-forest use? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? III. AIR QUAUTY... ~..._ _-- -. IOLOGICAL RESOURCES Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitfve, or special status species in local or regional plans, policies, or regulations, Of by the California Department of Fish and Garl2.eo~U.S. Fish a~d_wildlif~_~ervj~? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the Califomia Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corrido!~~or ~rnl?~~_e~t::_~~_e:_o.f n~!.i_~.~~~d.!~e:_~~.~~'y_ si!es?. ~.. onflict with any local policies Of ordinances protecting biological resources, uch as a tree preservati~~._poli~t._9lc:r.dina~ce~._~..~.. ~,~, Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, Of other approved local, regional, or state habitat conservation plan? o. ",.,.~~"~_.m..u_a_~ ",~.,... -coh_'~.'.~.. ~,._., '_~_~"",,",'''''.~_n. _._''' Y~.". ~ A -'_._,_.M~.,_m~. v, CULTURAL,.~.~_.<~._. ~~ RESOURCES ENV MND Page 8 of22

55 Il'" = l:l~,1.[,.. Potentially significant impact tentially significant ~ unless I mitigation.... Less than significant i~~()ep.?e:':it.:~. --!-~-I:~(;~ "ij No impact ~ Cause a ::b~;~~t~~ substantial adverse change in the significance of a historical! ~:::~c: :dve1r:~6c~:~ge in the significance of an archaeological.'.~.. resourc~.p~rsu::'~~to ? -: 1....T.... Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake' fault, ~~~r~:: =r=.=. as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning. ::k~~':i~e~f~'~ r 1 eople or structures to potential substantial adverse effects, including 1.., f loss, injury, or death involving: Strong seismic ground shaking?... -, _, _-._. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure, including liquefaction?... _,_.._ " Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Landslides? -..,,, ~,.--,..,-, --,..,"',.....,..,..,. --' _,,-.. Result in substantial soil erosion or the loss of topsoil? ~"7"""~~=~~~'..=... "7...-~ ==:~= 7... = ~.. --~.. - ~.. - -~-.. ~ ~= =... =-.. -~.. -.~... ":' Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site.1~_~_?~lid~,_lat~~~i.s.prea~in.~.~..~~~sid~n?:~_i!gy~!~cti()~..o~?()ii~ps.e? Be located on expansive soil, as defined in Table of the Uniform Build i~g~od~(~~_~~~~(;fe!~~i.~~_~.~~s.ta~ticil_~is.~:!()_.i!r.e. ()rp~op~j!t.'? Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? GREEN HOUSE GAS EMISSIONS c. _~,._.u_" um.~. _.., "., Generate greenhouse gas emlssions, either directly or indirectly, that may have a significant impact on the environment? ct with an applicable plan, policy or regulation adopted for the purpo ucing the emissions of greenhouse gases?...,...._. --- VIII. HAZARDS AND HAZARDOUS MATERIALS reate a significant hazard to the public or the environment through the utin_e..~r.~~~2..()rt'-~.::,_?_~ ()!_~~::~.r.~()_ll:..fll~!e.:~~-':?._...~!sp():~.i... Create a significant hazard to the public Drthe environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?.. r~r_'_~.., P _.... ~ P_._~ _u"." _.. _, _,_ ". _. ~ ~.._, " _.,.. _" _, ~ ~ "". " _ _ o _.._._, Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existinq or...~==~~~'f=~~..~-... "1=. ~~~=~ ~~~===}~~..=..=;;=- ===_ ~~~~~~~=!I propose~_s.~~?()~?.,.".~.,.... _._... _.-~.._~,.,.. _ Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section and, as a result, woulr:l..~'::.~:a~:.~.~ic;:j_~.i~.~.~r:t.~~_z~ed"to..~~~.'p.tj_~i!.(;..or!~':l...~.~~~r_()el_~e:!:~? I> For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or ~~~~~~_~!.n_t~~e~?j~~tf.ir~":f.i.?_.._~.._.... "'." For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?. -...,... f===~.=,..~=,,:!=~~ Impair implementation of or physically interfere with an adopted emergency 1 respons~g!~n.~.~~~.~~~~_~i_:~~:~.~~~_~..pl~_~2_~_.,~.._"'._~_._.._. ~..L~, _..~_~,.~ ".-,-".-~."i1 ENV MND Page 9 of22

56 c,. "'_" '.. ",._ _.,,,..,.~_ ~ ", _ _,', U_.L ~ _ r.w ~~, "',, '0" J i Potentially ignificant " Potentially...unless Less than significant mitigation significant ~,_w~ L~ ". 'L_._r '~c,w ~m_..!'.!ip~ct_. _m incorporated,~c imp~.:!" No i!!1.~.ac.t - U' ' "Y.~ Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? D WATER QUALITY Violate any water quality standards or waste discharge requirements? ~'.~ ~ ~~_~'_.-~-_",._"O~~-MO'~...,~~~_.~". ~~c-'. c-' ~,~~, ~._._ Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or pla l~ed uses for ~~ic:::~pe:!.j1!i~~,,~ave:.?~~~,~~~~~':~f c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? -_ _,..,.~. ----_ ~... " ~..... _._._. ' "." e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide SUbstantial additional sources of polluted runoff? therwise substantially degrade water quality? L _,. _ _ _.,,,. " '_"_"'".,.. ~ '. ~ n _,. Place housing within a 1DO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 10D-year flood hazard area structures redirect flood flows?,.w...._.., _.,..,. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? _. ndation by seiche, tsunami, or mudflow? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction Over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose ~L~voic!i!"l~..0r_~.i~g<3!irJ9.a.~_n'Vi!~~f!.l~~ta-'-~f!.~~t?. Conflict with any applicable habitat conservation plan or natural com, IIUII "':Y I conserva.~i?np!~~?~. MINERAL RESOURCES of availability of a known mineral resource that would the region and the residents of the state? -..., ~~ ""'" ~... Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? II. NOISE Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standa~s3~~her <3g:~:ies.~._..._, , _~_.,_,.. _._.....~. Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels?._.~_~,, ~_~.~.~._.~~.~~ r_. ~w~,~",,,,,,..,._~._~~~~~_~~~ A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?? 'CL ~ ~_~~~~~ "_M'.-_ ENV I\1ND Page 10 of22

57 _._.tentially significant unless mitigation incorporated Less than significant impact e. ; For a project located within an airport land use plan or, where such a plan.f II ~has not been adopted, within two miles of a public airport or public use ~~l!!-=..."'1!"";""'~;~a~~=~='..w=ex~oc=~~i~~:~~,:",~=~=~=i~=ee=ct71:"7:"":~i~~~,..e::,,p=e=o=p=le~re=s'7id=in=g~o~~,~:"":=rk~.in=g=in=,-,,th,:,"e... p~r~~j~.~~ct~=~f.=""",,"-='~=~:.... '...}..!==~~...o.=~=:''l.==-=;==-,,"'''-=-=l..l.._.._~~~_ :~ ~IL~~~~~~:~~~~~~~:~~~~~~~rt~~~~~t~;~~~~~~~.in~i~~~~;~;_;=r~~_~_~_t=~=:=:_~_:_~_~_;~~=~_~_;_h_~=:_~=~_t_~=~=~=~=.o_:_e_~=_=._'..'Ll = m. POPULATION AND HOUSING place substantial numbers of people, necessitating the construction of lacement housing elsewhere?...,. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public~e~ices: ~i~~~~?~~~~ion? _......_. [b, ~Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public servi~:s:pclli~~e~cl!~~~ion?......_.. ~c.iwould the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which! could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the :d. public s.~~i c~~: SCh?Cl~~? _ Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for :1: new or physically altered governmental facilities, the construction of which, could cause significant environmental impacts, in order to maintain acceptable 1 service ratios, response times or other performance objectives for any of the public services: Parks? ~e.iwould the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Other public facilites? REATION Would the project increase the use of exlstlnq neighborhood and regional parks or other recreational facilities such that substantial physical deterioration o!!~:._~aci~~o/.y."()ul~cl~~_~~ o~b~.f:i_~~~lera.~e:~?.".~_...".. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? TRANSPORTATIONITRAFFIC Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ' V ENV MND Page 11 of 22

58 I Potentially ignificant Potentially t unless significant mitigation ~. _~n.'!p~:.t.~._..incorporated Less than significant "i.r.!1p.~c~._ ~"_N?i~p~.:~". b.: Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ere risks? Substantially increase hazards due to a design feature (e.g., sharp curves or ~an~er?u~ int:rs:9~i~!:.~~_o.~_i~~n:p~ti~ie..::s~s (ej!:~~farn:"e.gui~~~"i2!)~_... _M_ Result in inadequate emergency access? ~~ ~ -_,~_~ ~ ~L~.",. _.~ '""ro-'_ '" ~_~. ~ Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVII. UTILITIES AND SERVICE SYSTEMS a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? '0_' _._._ _. _... _. _. b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?. -_.-.._ -.._-_.._..,....._..._-.,. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? _,,.,.,...._._._...,. sufficient water supplies available to serve the project from existing.. e!1~~l"t1en~s~!1~_r~~ourc;~~~.cl. r.a~~_f!~~or e~"a~dfjd~nti~.~~<:1.~~~n~~del~? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the p~clyi~el"s.e~i:~!1g.~9~~i~etl.ts.?_..... Be served by a landfill with sufficient permitted capacity to accommodate the proje.ci~~s.~?~~s.!~ ~i:p.~.s!'l!1~~?s?. ~..... _.. ".. ~~ ~., Comply with federal, state, and local statutes and regulations related to waste? III. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major pe iecl9. s.?f.2.:il.~~?':f1ia hisb?~ ()r.f~~el_~i:tory?.. b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? _......_... ~..._~_e..._e._ S the project have environmental effects which will cause SUbstantial er:.,e::effects_on hum~n ~~"~~eithe:"directly or indirectly? Note: Authority cited: Sections 21083, , Public Resources Code. Reference: Section , Gov. Code; Sections 21080, , 21095, Pub. Resources Code; Eureka Citizens for Responsible Govt. v, City of Eureka (2007) 147 Cal.AppAth 357; Protect the Historic Amador WateJWays v. Amador Water Agency (2004) 116 Cal.AppAth at 1109; San Frenciscens Upholding the Downtown Plan v, City and County of San Francisco (2002) 102 CaLAppAth 656. ENV MND Page 12 of22