CITY OF Los ANGELES CALIFORNIA

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1 DEPARTMENT OF CITY PLANNING 200 N. SPRING STREET, ROOM 525 LosANGELES,CA 90012~4801 CITY PLANNING COMMISSION WILLIAM ROSCHEN PRESIDENT REGINA M. FREER VICE-PRESIDENT SEAN 0. BURTON DIEGO CARDOSO MATT EPSTEIN FR. SPENCER T. KEZIOS YOLANDA OROZCO BARBARA ROMERO MICHAEl K. WOO JAMES WilliAMS COMMISSION EXECliTIVE ASSISTANT (213) CITY OF Los ANGELES CALIFORNIA ANTONIO R. VILLARAIGOSA MAYOR EXECUTIVE OFFICES MICHAELJ, logrande DIRECTOR (213) VINCENT P. BERTONI, AICP OEPUlY DIRECTOR (213) /A YUAN-MCDANIEl DEPUlY DIRECTOR (213) FAX: (213) INFORMATION October 26, 2010 Honorable City Council City of Los Angeles Room 395, City Hall MAIL STOP: 160 Case No. CPC ZC-DB-SPR Council File No Council District No. 7 Sylmar Plan Area Dear Honorable Members: TRANSMITTAL OF A ZONE CHANGE ORDINANCE FROM RA-1 AND C2-1 TO (T)(Q) C2-1, CONDITIONS OF APPROVAL AND FINDINGS OVER 1.28 ACRES; FOR PROPERTY LOCATED AT SAN FERNANDO ROAD WITHIN THE SYLMAR COMMUNITY PLAN The attached report modifies Zone Change Ordinance Condition No. A.9 and Entitlement Condition Nos. A.1.c, A.4, A.5 of Page No. C-1, and B.2.a of Page No. C-2; as recommended for approval by the Planning and Land Use Committee of the City Council at its meeting held September 28, Pursuant to Section 559 of the City Charter, I have reviewed the findings of the City Planning Commission's action taken relative to Case No. CPC ZC-DB-SPR on June 24, 2010, and on behalf of the Commission, I disapprove the Density Bonus in insofar as it does not conform to the latest action of the City Planning Commission in this matter. Pursuant to Rule No. 38, transmitted herewith is the ordinance, including "Q" Qualified Conditions, Conditions of Approval, and proposed findings for appropriate action by the City Council. MICHAEL LOGRANDE Director of Planning ~D~s~~ DANIEL SCOTT Principal City Planner ML:DS:FQ Attachments

2 CPC ZC-DB-SPR Page2 History The history of the proposed zone change for the subject property is as follows: June 24, 2010 The Los Angeles City Planning Commission recommended approval for a Zone Change from RA-1 (Suburban Zone) and C2-1 (Commercial Zone) to (T)(Q)C2-1 (Commercial Zone) subject to the "Q" and 'T' Conditions, Density Bonus, and Site Plan Review, over approximately 1.28 acres, acres of land located at San Fernando Road within the Sylmar Community Plan for a mixed use development of 150 multiple family dwellings and 22,645 square feet of medical office area.. September 28, 2010 The applicant, Kurken Alyanakian, requested additional language changes to the substance of the determination letter to "Q" Condition No. A.9 and Entitlement Condition Nos. A.1.c, A.4, A.5 of Page No. C-1, and B.2.a of Page No. C-2. The Planning and Land Use Management (PLUM) considered reports from the City Planning Commission, and the Director of Planning, and approved the zone change ordinance and additional entitlements with the applicant's proposed modification, thereby approving a Zone Change ordinance and conditions of approval with the amended language. PLUM Committee Recommendation The Committee, on September 28, 2010, recommended approval of the a Zone Change from RA-1 (Suburban Zone) and C2-1 (Commercial Zone) to (T)(Q)C2-1 (Commercial Zone) over approximately 1.28 acres, subject to the "Q" and "T" Conditions and conditions of the Density Bonus. The PLUM Committee recommended that the Council approve these requests, subject to the following modified conditions of approval: Q Condition No. A.9 of Page No. Q-2 9. Balconies. a. Balconies within a line of site of a public right of.vay (i.e. San Fernando Road or Astoria Street) abutting single-family development to the south and east shall be designed with a minimum of 100% of opaque materials on the balcony walls. All other balconies shall be designed with a minimum of 50% opaque materials. The applicant shall indicate on the final elevation plans the height of the balcony wall and material(s) being used to the satisfaction of the Planning Department.

3 CPC ZC-DB-SPR Page3 Entitlement Condition No. A.1.c of Page No. C-1 c. Modification to allow a decrease in the required side yard facing Astoria Street to 0-feet 3-feet in lieu of the required 7-feet, as per Section A 25 (g)(3)(ii). (off menu); Entitlement Condition No. A.4 of Page No. C-1 4. Side yard. The side yard along the southwesterly property, for that portion of the residential uses, may be reduced to a minimum of 0-feet 3-feet, in conformance with site plans dated March 23, 2010, and labeled Exhibit "B". Entitlement Condition No. A.5 of Page No. C-1: 5. The project shall comply with the Guidelines for the Affordable Housing Incentives Program adopted by the City Planning Commission and with any monitoring re(juirements established by the IAHD. (HD) Covenant and Agreement (l\ffordable Housing). Prior to the issuance of any building permits, in accordance with the Section A 25 (b) of the Municipal Code, the owner shall record a Covenant and Agreement satisfactory to the City of Los Angeles Housing Department or successor agency, to preserve the affordability of the 42 designated "low income senior housing (rent will be based on one third of tenant's monthly income)" residential units for a minimum of 30 years from issuance of a Certificate of Occupancy. A copy of the Covenant and Agreement shall be submitted to the Planning Department for inclusion into the subject file. Prior to the issuance of any building permits, in accordance with the Section A 25 of the Municipal Code, the applicant shall record a Covenant and Agreement with the City of Los Angeles Housing Department (LAHD), to reserve 42 restricted affordable units for rent by Low Income households (per the California Department Housing and Community Development standards) at a rental amount determined to be affordable to Low Income households and in compliance with the State of California Housing requirements. The covenant shall run with the land and be binding on the applicant and any subsequent applicant for a minimum period of thirty (30) years from the date of the Certificate of Occupancy. A copy of the Covenant and Agreement shall be submitted to the Planning Department for inclusion into the subject file. Entitlement Condition No. B.2.a of Page No. C-2: a. The revised plan will reflect refinements to the transitional height condition, except for Density Bonus entitlement(s) granted in conjunction with Case No. CPC ZC-DB-SPR. Further the PLUM Committee instructed the City Planning Department to prepare a final ordinance and corrected conditions and findings for adoption by the City Council as attached.

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 1. Section of the Los Angeles Municipal Code is hereby amended by changing the zones and zone boundaries shown upon a portion of the zone map attached thereto and made a part of Article 2, Chapter 1 of the Los Angeles Municipal Code, so that such portion of the Zoning map shall be as follows:

5 NOT TO SCALE CPC 2009~0815 ZC DB SPR Area Mapped Data &lurcos: Department of City Plannl11g, Bureau of Engineering

6 CPC ZC-DB-SPR Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section G of the Municipal Code, the following limitations are hereby imposed upon the use of the subject property, subject to the "Q" Qualified classification. A. Development Conditions: 1. Use. The property shall be limited to the use and area provisions of the (T)(Q)C2-1 Zone, except for Density Bonus and off/on menu entitlement(s) granted in conjunction per Case No. CPC ZC-DB-SPR. 2. Height: The project shall not exceed 5 stories and 68 feet in height, except that architectural features may not exceed 72 feet, as defined by Section B.3 of the Los Angeles Municipal Code. The project shall comply with the transitional height requirements, except for Density Bonus entitlement(s) granted in conjunction per Case No. CPC ZC-DB-SPR. Any structures on the roof, such as air condition units and other equipment, shall be fully screened from view of any single family uses. 3. Floor Area. No building or structure located on the subj~ct property shall not exceed a floor area ratio of more than one-and-one-half times the buildable area of the lot in conformance with Footnote No. 1 of the Sylmar Community Plan, except as permitted by Density Bonus entitlement(s) granted in conjunction per Case No. CPC ZC DBcSPR. 4. Plot Plan. Prior to the issuance of any building permits for the subject project, detailed development plans including site and elevation plans including complete landscape and irrigation plan by a licensed landscape architect or architect, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plans shall be in substantial conformance with the site plans dated March 23, 2010, and labeled Exhibit "B", or as modified by the City Planning Commission attached to the subject case file, and in compliance with other entitlement(s) granted in conjunction per Case No. CPC ZC-DB-SPR. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization. 5. Urban Design Studio. The applicant shall submit plans to the Department of City Planning's Urban Design Studio for consultation in order to improve the aesthetics of the project in conjunction to the city's Walkability Guidelines Standards prior to clearance of the building permit by the Plan Approvals Unit. 6. Parking. The applicant shall submit a shared parking analysis for the proposed mixed use project of commercial office and senior multiple-family uses to the satisfaction of the Director of Planning. The submittal shall include materials received in conjunction with the filing of Shared Parking Request by the Zoning Administrator as described in Form No. CP-2003 titled "SHARED PARKING, PARKING EXCEPTIONS, PARKING MANAGEMENT PLANS" and accessible from the Department of City Planning website at Procedures/2003.pdf. The analysis shall be reviewed to the satisfaction of the Department of City Planning. 7. Parking: Parking for Residential units shall be assigned and secured behind a locked gate to be remotely controlled, separate from parking for commercial uses.

7 CPC ZC-DB-SPR Q-2 8. Parking: The project shall provide parking in accordance with section A 4 of the Los Angeles Municipal Code, except for Density bonus entitlement(s) granted in conjunction per Case No. CPC ZC-DB-SPR: a. Tandem parking may be used only for the spaces that are assigned and designated for a single residential unit. b. Guest parking signs shall be clearly posted at building entrances. The signs shall be in large, easy to read lettering and shall indicate the general location of guest parking. Sign wording shall be to the satisfaction of the Planning Department and shall indicate the number of reserved guest parking spaces. c. If any guest parking is located behind security gates, the following shall be apply: i. A remote electronic gate opening system shall be installed so that the security gate can be opened from each residential unit served by the secured guest parking. ii. An electronic intercommunication system shall be installed. The system shall be readily accessible to the drivers of guest vehicles and to the units served by the secured guest parking. iii. The security gate shall be set back at least 20 feet from the public right-of-way so as to provide a waiting are for guest vehicles and to prohibit blockage or interference with the public right-of way by waiting guest vehicles. iv. Alternatives to the provisions of this condition may be approved by the Planning Department provided that the intent of readily accessible guest parking facilities and no interference with the public right-of-way is assured. 9. Balconies. a. Balconies within a line of site of abutting single-family development to the south and east shall be designed with a minimum of 100% of opaque materials on the balcony walls. All other balconies shall be designed with a minimum of 50% opaque materials. The applicant shall indicate on the final elevation plans the height of the balcony wall and material(s) being used to the satisfaction of the Planning Department. 10. Community Relations. A 24-hour "hot-line" phone number for the receipt of construction related complaints from the community shall be provided to immediate neighbors and the local neighborhood association, if any. The applicant shall be required to respond within hours of any complaint received on this hotline. 11. Construction Parking. Off-street parking shall be provided for all construction-related employees generated by the proposed project. No employees or subcontractor shall be allowed to park on the surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of construction vehicles, including vehicles to transport workers on any residential street in the immediate area. All construction vehicles shall be stored on site unless returned to their owner's base of operations. 12. Graffiti. Every building, structure, or portion thereof, shall be maintained in a safe and sanitary condition and good repair, and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91, Public Services (Schools): The applicant shall pay school fees to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area.

8 CPC ZC-DB-SPR Q Solid Waste. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. 15. Noise (Wall). A 6-foot-high solid decorative masonry wall adjacent to residential use and/or zones shall be constructed if no such wall exists. 16. Aesthetics (Landscaping). All open areas not used for buildings, driveways, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan, including an automatic irrigation plan, prepared by a licensed landscape architect to the satisfaction of the Department of City Planning. 17. Aesthetics (Landscaping Buffer). a. A minimum five-foot landscape buffer shall be planted adjacent to the southwesterly and southeasterly property lines. b. A landscape plan shall be prepared by a licensed landscape architect to the satisfaction of the decision maker. 18. Safety Hazards. The applicant shall submit a parking and driveway plan that incorporates design features that reduce accidents, to the Bureau of Engineering and the Department of Transportation for approval. 19. Increased Noise Levels (Parking Structure Ramps). a. Concrete, not metal, shall be used for construction of parking ramps. b. The interior ramps shall be textured to prevent tire squeal at turning areas. c. Parking lots located adjacent to residential buildings shall have a solid decorative wall adjacent to the residential. 20. Tree Removal (Non-Protected Trees): a. Prior to the issuance of a grading permit or building permit, a plot plan prepared by a reputable tree expert, indicating the location, size, type, and condition of all existing trees on the site shall be submitted for approval by the decision maker and the Urban Forestry Division of the Bureau of Street Services. All trees in the public right-of-way shall be provided per the current Urban Forestry Division standards. b. The plan shall contain measures recommended by the tree expert for the preservation of as many trees as possible. Mitigation measures such as replacement by a minimum of 24-inch box trees in the parkway and on the site, on a 1:1 basis, shall be required for the unavoidable loss of desirable trees on the site, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker. c. The genus or genera of the tree(s) shall provide a minimum crown of 30'-50'. Please refer to City of Los Angeles Landscape Ordinance (Ord. No. 170,978), Guidelines K Vehicular Use Areas. Note: Removal of all trees in the public right-of-way shall require approval of the Board of Public Works. Contact: Urban Forestry Division at: B. Environmental Conditions: 1. Aesthetics (Light). The proposed project shall not cast a shade/shadow upon the adjacent residential and commercial uses for longer than three hours between 9:00 a.m. and 3:00 p.m.

9 CPC ZC-DB-SPR Q-4 2. Air Pollution (Stationary): An air filtration system shall be installed and maintained with filters meeting or exceeding the ASHRAE Standard 52.2 Minimum Efficiency Reporting Value (MERV) of 13, to the satisfaction of the Department of Building and Safety. 3. Seismic. The design and construction of the project shall conform to the Uniform Building Code seismic standards as approved by the Department of Building and Safety. 4. Erosion/Grading/Short-Term construction Impacts: Air Quality a. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent. b. The owner or contractor shall keep the construction area sufficiently dampened to control dust caused by construction and hauling, and at all times provide reasonable control of dust caused by wind. c. All loads shall be secured by trimming, watering, or other appropriate means to prevent spillage and dust. d. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust. e. All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust. f. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. Noise g. The project shall comply with the City of Los Angeles Noise Ordinance No. 144,331 and 161,574, and any subsequent ordinances, which prohibit the emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible. h. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday. i. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously. j. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. k. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment. Grading I. Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading, excavations, and fills. All grading activities require grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within Hillside areas. The application of BMPs includes but is not limited to the following mitigation measures: m. Excavation and grading activities shall be scheduling during dry weather periods. If grading occurs during the rainy season (October 15 through April 1 ), diversion dikes shall be constructed to channel runoff around the site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity. n. Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Department. These measures include

10 CPC ZC-DB-SPR Q-5 interceptor terraces, berms vee-channels, and inlet and outlet structures, as specified by Section of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned. o. Stockpiles and excavation soil shall be covered tarps or plastic sheeting. General Construction p. Sediment carries with it other work-site pollutants such as pesticides, cleaning solvents, cement wash, asphalt, and car fluids that are toxic to sea life. q. All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non recyclable materials/wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. r. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. s. Pavement shall not be hosed down at material spills. Dry cleanup methods shall be used whenever possible. t. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or be covered with tarps or plastic sheeting. u. Gravel approaches shall be used where truck traffic is frequent to reduce soil compaction and the tracking of sediment into streets shall be limited. v. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop clothes shall be used to catch drips and spills 5. Single Family Dwelling (10+ Home Subdivision/Multi Family): a. Project applicants are required to implement stormwater BMPs to retain or treat the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required. b. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. c. Concentrate or cluster development on portions of a site while leaving the remaining land in a natural undisturbed condition. d. Limit clearing and grading of native vegetation at the project site to the minimum needed to build lots, allow access, and provide fire protection. e. Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants. f. Preserve riparian areas and wetlands. g. Any connection to the sanitary sewer must have authorization from the Bureau of Sanitation. h. Reduce impervious surface area by using permeable pavement materials where appropriate, including: pervious concrete/asphalt; unit pavers, i.e. turf block; and granular materials, i.e. crushed aggregates, cobbles. i. Install Roof runoff systems where site is suitable for installation. Runoff from rooftops is relatively clean, can provide groundwater recharge and reduce excess runoff into storm drains. j. Guest parking lots constitute a significant portion of the impervious land coverage. To reduce the quantity of runoff, parking lots can be designed one of two ways.

11 CPC ZC-DB-SPR Q-6 i. Hybrid Lot - parking stalls utilize permeable materials, such as crushed aggregate, aisles are constructed of conventional materials such as asphalt. ii. Parking Grove - is a variation on the permeable stall design, a grid of trees and bollards are added to delineate parking stalls. This design presents an attractive open space when cars are absent, and shade when cars are present. k. Promote natural vegetation by using parking lot islands and other landscaped areas. I. Paint messages that prohibit the dumping of improper materials into the storm drain system adjacent to storm drain inlets. Prefabricated stencils can be obtained from the Department of Public Works, Stormwater Management Division. m. Promote natural vegetation by using parking islands and other landscaped areas. n. All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as "NO DUMPING - DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping. o. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. p. Legibility of stencils and signs must be maintained. q. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. r. The storage area must be paved and sufficiently impervious to contain leaks and spills. s. The storage area must have a roof or awning to minimize collection of stormwater within the secondary containment area. t. Design an efficient irrigation system to minimize runoff including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers. u. Runoff from hillside areas can be collected in a vegetative swale, wet pond, or extended detention basin, before it reaches the storm drain system. v. Cut and fill sloped in designated hillside areas shall be planted and irrigated to prevent erosion, reduce run-off velocities and to provide long-term stabilization of soil. Plant materials include: grass, shrubs, vines, ground covers, and trees. w. Incorporate appropriate erosion control and drainage devices, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section of the Building Code. Protect outlets of culverts, conduits or channels from erosion by discharge velocities by installing rock outlet protection. Rock outlet protection is a physical devise composed of rock, grouted riprap, or concrete rubble placed at the outlet of a pipe. Install sediment traps below the pipeoutlet. Inspect, repair and maintain the outlet protection after each significant rain. x. The owner(s) of the property will prepare and execute a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and or per manufacturer's instructions. 6. Severe Noise Levels (Residential Only). a. All exterior windows having a line of site of the railroad rights-of-way shall be constructed with double-pane glass and use exterior wall construction which provides a Sound Transmission Class of 50 or greater as defined in UBC No. 35-1, 1979 edition or any amendment thereto. b. The applicant, as an alternative, may retain an acoustical engineer to submit evidence, along with the application for a building permit, any alternative means of

12 CPC ZC-DB-SPR Q-7 sound insulation sufficient to mitigate interior noise levels below a CNEL of 45 dba in any habitable room 7. Public Services (Fire): The following recommendations of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: a. Fire lanes, where required, shall be a minimum of 20 feet in width; b. All structures must be within 300 feet of an approved fire hydrant, and c. Entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane. 8. Public Services (Police General). The plans shall incorporate the design guidelines relative to security, semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in highfoot traffic areas, and provision of security guard patrol throughout the project site if needed. Please refer to Design Out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department's Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, (213) These measures shall be approved by the Police Department prior to the issuance of building permits. 9. Public Services (Street Improvements Not Required By DOT). The project shall comply with the Bureau of Engineering's requirements for street dedications and improvements that will reduce traffic impacts in direct portion to those caused by the proposed project's implementation. 10. Recreation (Increase Demand For Parks Or Recreational Facilities). Per Section A of the LA Municipal Code, the applicant shall pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings. 11. Increased Vehicle Trips/Congestion. Implementing measures detailed in said Department's communication to the Planning Department dated August 24, 2009 and attached shall be complied with. Such report and mitigation measures are incorporated herein by reference. a. Highway Dedication and Improvements. i. San Fernando Road is a designed Major Highway Class II in the Streets and Highways Element of the City's General Plan Standard Plan S-470-0, effective November 10, 1999, dictates that the standard cross section for a Major Highway Class II is a 40-foot half-roadway on a 52-foot half right-of-way. However, the stipulated 52 -foot half right-of-way dedication requirement of Section is not practical or advisable for San Fernando Road between the project limits since San Fernando Road within the referenced limits abuts a 1 00-foot wide right-ofway of the Southern Pacific Transportation Company. A January 7, 1988 determination by Bureau of Engineering (BOE) requires a total right-of-way of 77 feet for San Fernando Road. Therefore, a 17 -foot dedication is required along the entire frontage of San Fernando Road to bring this roadway section to a total

13 CPC ZC-DB-SPR Q-8 right-of-way of 77 feet with a 12-foot sidewalk on the west side, a 62-foot roadway and a 3-foot parkway along the east side. ii. Astoria Street is a designated Collector Street in the Streets and Highway Element of the City's General Plan. Standard Plan S-470-0, effective November 10, 1999, dictates that the standard cross section for a Collector Street is a 22- foot half Roadway on a 32-foot half right of-way. Astoria Street currently consists of a 20-foot half-roadway on a 30-foot half right-of-way; therefore a 2-foot dedication is required along the entire frontage on Astoria Street to bring the right-of-way up to the standards required by the General Plan. iii. The applicant should contact BOE to determine exact dedication and widening standards and to ensure compliance of these requirements of the municipal code. The applicant should contact BOE to determine any other required street improvements. iv. All required street improvements shall be guaranteed through the B-permit process of BOE before the issuance of any. building permit for this project. The street dedication shall be completed through Edmond Yew in the Land Development Group, (213) These measures shall be completed to the satisfaction of DOT and BOE prior to the issuance of any certificate of occupancy. b. Site Access and Internal Circulation. i. Two-way driveways shall be 30 feet wide and one-way driveways shall be 16 feet wide, exclusive of side slopes. To minimize conflict between vehicles using adjoining driveways, a minimum of 50-feet of full-height curb shall be provided ii. between driveways. To avoid vehicles encroaching into the public right-of-way, a minimum 40-foot reservoir space (distance between property line and first parking stall) shall be provided at all ingress driveways for lots containing 101 to 300 spaces. iii. Final DOT approval shall be obtained prior to issuance of any building permits. This should be accomplished by submitting a detailed site and/or driveway plan, at a scale of at least 1" = 40 ",to DOT's Valley Development Section at 6262 Van Nuys Boulevard, Suite 320, Van Nuys, 91401, prior to submittal of building plans for plan check to the Department of Building and Safety. c. Improvements within the City of San Fernando. The applicant shall provide assurances from the City of San Fernando Department of Public Works that the improvements outlined on their letter dated September 9, 2009, in Case File No. CPC ZC-DB-SPR, have been suitably completed to their satisfaction. 12. Insufficient Parking Capacity (Apartments with Affordable Units). The applicant shall provide parking spaces in addition to Code required parking at the rate of one quarter space per unit. Each additional space shall be readily accessible, conveniently located and specifically reserved for guests. In the event that the project is developed under the regulations contained in Section A 25 of the Municipal Code (Affordable Housing Incentives/Density Bonuses), parking may be provided as permitted by that section of the length of time that the residential units remain as restricted affordable units. C. Administrative Conditions: 1. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Planning Department for placement in the subject file.

14 CPC ZC-DB-SPR Q-9 2. 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. 3. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assign. The agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder's number and date shall be provided to the Planning Department for attachment to the file. 4. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public officials, legislation or their successors, designees or amendment to any legislation. 5. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Planning Department and any designated agency, or the agency's successor and in accordance with any stated laws or regulations, or any amendments thereto. 6. Building Plans. Page 1 of the grants and all the conditions of approval shall be printed on the building plans submitted to the City Planning Department and the Department of Building and Safety. 7. Indemnification. The applicanf shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 8. Project Plan Modifications. Any corrections and/or modifications to the Project plans made subsequent to this grant that are deemed necessary by the Department of Building and Safety, Housing Department, or other Agency for Code compliance, and which involve a change in site plan, floor area, parking, building height, yards or setbacks, building separations, or lot coverage, shall require a referral of the revised plans back to the Department of City Planning for additional review and final sign-off prior to the issuance of any building permit in connection with said plans. This process may require additional review and/or action by the appropriate decision making authority including the Director of Planning, City Planning Commission, Area Planning Commission, or Board. 9. Utilization of Concurrent Entitlement. The subject Zone Change, Density Bonus, and Site Plan Review requires completion of all applicable conditions of approval herein to the satisfaction of the Department of City Planning and the effective date of the Zone Change, Density Bonus, and Site Plan Review shall coincide with that of the associated Zone Change on the property involved. The applicant/owner shall have a period of six years from the effective date of the subject Zone Change to effectuate the terms of the entitlements by either securing a building permit or a Certificate of Occupancy for the authorized use.

15 CPC ZC-DB-SPR Q-10 Thereafter, the entitlements shall be deemed terminated and the property owner shall be required to secure a new authorization for the use. If a building permit is obtained during this period, but subsequently expires, this determination shall expire with the building permit.

16 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 in the Main Street lobby to the City Hall; one copy on the bulletin board located at the ground level at the Los Angeles Street entrance to the Los Angeles Police Department; 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 was passed by the Council of the City of Los Angeles, at its meeting of JUNE LAGMAY, City Clerk By Deputy Approved Approved as to Form and Legality Mayor CARMEN A. TRUTANICH, City Attorney By City Attorney Pursuant to Sec. 559 of the City Charter, I disapprove this ordinance on behalf of the City Planning Commission and recommend not to be adopted... October 26, 2010 See attached report ~0/WJ s~ Michael J. LoGrande Director of Planning File No. CF CPC ZC-DB-SPR

17 CPC ZC-DB-SPR C-1 CONDITIONS OF APPROVAL A. Entitlement: Determination for Density Bonus/Affordable Housing Incentives Program Pursuant to Section A 25 LAMC. 2. Grant. Pursuant to Section A 25 of the Municipal Code, the property shall be limited to a development project, in which the density increase is 7.14 percent for a density bonus project providing 30 percent of the total units (42) for low income senior households. The permitted base density, using the lot area prior to dedication, results in 140 by-right base units and, after application of a 7.14% Density Bonus, a project with an additional 10 units for a final total of 150 units in lieu of 140 units. Further, the following incentives shall be granted in conjunction with the subject Density Bonus: a. A Floor Area Ratio (FAR) of 3:1 in lieu of the 1.5:1 FAR allowed, as per section A.25 (f)(4)(ii). (on menu) b. Waiver of Transitional Height requirement for buildings on C zoned lots located in proximity of RW1 or more restrictive zone as per Section A.10. (off menu) c. Modification to allow a decrease in the required side yard facing Astoria Street to 0- feet in lieu of the required 7 -feet, as per Section A 25 (g)(3)(ii). (off menu); 3. Plot Plan. Prior to the issuance of any building permits for the subject project, detailed development plans including site and elevation plans including complete landscape and irrigation plan by a licensed landscape architect or architect, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plans shall be in substantial conformance with the site plans dated March 23, 2010, and labeled Exhibit "B", or as modified by the City Planning Commission attached to the subject case file. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization. 4. Floor Area. The building or structure located on the subject property shall not exceed a floor area ratio of more than three times the buildable area of the lot. 5. Side yard. The side yard along the southwesterly property, for that portion of the residential uses, may be reduced to a minimum of 0-feet, in conformance with site plans dated March 23, 2010, and labeled Exhibit "B". 6. Prior to the issuance of any building permits, in accordance with the Section A 25 of the Municipal Code, the applicant shall record a Covenant and Agreement with the City of Los Angeles Housing Department (LAHD), to reserve 42 restricted affordable units for rent by Low Income households (per the California Department Housing and Community Development standards) at a rental amount determined to be affordable to Low Income households and in compliance with the State of California Housing requirements. The covenant shall run with the land and be binding on the applicant and any subsequent applicant for a minimum period of thirty (30) years from the date of the Certificate of Occupancy. A copy of the Covenant and Agreement shall be submitted to the Planning Department for inclusion into the subject file. B. Entitlement: Determination for Site Plan Review Pursuant to Section LAMC. 1. Grant. A development project which creates, or results in an increase of 50 or more dwelling units.

18 CPC ZC-DB-SPR C-2 2. Plan: The use and development of the property shall be in substantial conformance with the plot plan submitted with the application marked Exhibit "B", dated March 23, Prior to the issuance of building permits the applicant shall submit a revised plot plan that shall include the following: a. The revised plan will reflect refinements to the transitional height condition, except for Density Bonus entitlement(s) granted in conjunction with Case No. CPC ZC-DB-SPR. b. The revised plan shall depict any corrections to the Jot dimensions and area. c. The applicant shall submit a plot plan which incorporates the Loading/Unloading area. 3. Height: The project shall hot exceed 5 stories and 68 feet in height, except that architectural features may not exceed 72 feet, as defined by Section B.3 of the Los Angeles Municipal Code. The project shall comply with the transitional height requirements, except for Density Bonus entitlement(s) granted in conjunction per Case No. CPC ZC-DB-SPR. Any structures on the. roof, such as air condition units and other equipment, shall be fully screened from view of any single family uses. 4. Floor Area. No building or structure located on the subject property shall exceed a floor area ratio of more than one-and-one-half times the buildable area of the lot in conformance with Footnote No. 1 of the Sylmar Community Plan, except as permitted by Density Bonus entitlement(s) granted in conjunction per Case No. CPC ZC DB-SPR. 5. Plot Plan. Prior to the issuance of any building permits for the subject project, detail development plans including site and elevation plans including complete landscape and irrigation plan by a licensed landscape architect or architect, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plans shall be in substantial conformance with the site plans dated March 23, 2010, and labeled Exhibit "B", or as modified by the City Planning Commission attached to the subject case file, and in compliance with other entitlement(s) granted in conjunction per Case No. CPC ZC-DB-SPR. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization. 6. Parking: Parking for Residential units shall be assigned and secured behind a locked gate to be remotely controlled, separate from parking for commercial uses.

19 CPC ZC-CU-DB-ZV-ZAA-SPR F-1 FINDINGS A. General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located within the area covered by the Sylmar Community Plan, updated and adopted by the City Council on August 8, The existing Plan designates the subject property as Community Commercial with corresponding zones of C2, C4, CR, RAS3, P, and PB. The zone change recommendation to the C2-1 zone IS CONSISTENT with existing the land use designation and IS in substantial conformance with the purposes, intent and provisions of the General Plan as reflected in the adopted community plan. The northeast portion of the site is also included within a Transit Oriented District that stretches along the south side of San Fernando Road between Astoria Street and Hubbard Street. Properties of both sides of San Fernando Road in this vicinity are designated as a Mixed Use Boulevard as well. Other portions of the Community Commercial designation have a proposed Neighborhood Park. 2. General Plan Text. The Sylmar Community Plan text includes the following relevant land use goals, objectives, policies and programs: GOAL 1 A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY. Objective 1-1 To provide for the preservation of existing and the development of new housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year Policies: Require that new single and multi-family residential development be designed in accordance with the Design Guidelines in Chapter V. Program: The Plan includes an Urban Design Chapter which outlines Design Standards for residential development that are mandatory for discretionary projects and advisory for nondiscretionary projects. Objective 1-2 To locate new housing appropriately in a manner which reduces vehicular trips and which increases accessibility to services and facilities. Policies: Locate higher residential densities near commercial centers, the commuter rail station, and bus routes where public service facilities, utilities, and topography will accommodate this development. Program: The Plan designates lands for higher residential densities within in and adjacent to the transit oriented district and pedestrian oriented areas Locate senior citizen housing projects in neighborhoods within reasonable walking distance of health and community facilities, services, and public transportation. Program: The Plan designates lands for higher residential densities which could accommodate senior citizen housing within transit oriented districts and pedestrian oriented areas.

20 CPC ZC-CU-DB-ZV -ZAA-SPR F Consider factors such as neighborhood character and identity, compatibility of land uses, impacts on livability, impacts on services and public facilities, and impacts on traffic levels, and environmental impacts when changes in residential densities are proposed. Program: Require that a decision maker adopt a finding which addresses these factors as part of any decision relating to changes in planned residential densities. Objective 1-5 Promote greater individual choice in type, quality, and location of housing. 1-5 Program: Promote greater individual choice through the establishment of residential design standards, allocation of lands for a variety of residential densities, and the promotion of housing in mixed-use projects iri pedestrian oriented areas and the transit oriented district. Program: Develop incentives for the construction of residential projects in conjunction with new commercial projects to encourage mixed-use development. This program is administered by the Department of City Planning and the Housing Preservation and Production Department. GOAL 2 A STRONG AND COMPETITIVE COMMERCIAL SECTOR WHICH BEST SERVES THE NEEDS OF THE COMMUNITY THROUGH MAXIMUM EFFICIENCY AND ACCESSIBILITY WHILE PRESERVING THE UNIQUE CHARACTER OF THE COMMUNITY. Objective 2-1 To maintain the viability and vitality of the existing Sylmar Central Community Business District as a community focal point. Policies: Require that projects be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and developed in accordance with design standards. Program: The Plan includes an Urban Design chapter which establishes Design Standards for commercial development which addresses this policy. Objective 2-3 To enhance the community identity in distinctive commercial districts. Policy: Program: Implementation of: (1) Design standards established in the Plan (2) Plan which designates the locations for commercial development (including infill commercial projects) Require that mixed-use projects be designed with commercial uses on the ground floor and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses. Program: The Plan includes an Urban Design component which implements this policy in its Design Standards for mixed use projects and pedestrian oriented areas Promote mixed use projects in proximity to transit stations, along transit corridors, and in appropriate commercial areas. Program: The implementation of the land use/transportation policy of the plan encourages mixed use development

21 CPC ZC-CU-DB-ZV-ZAA-SPR F-3 around the transit stations located at the Sylmar-San Fernando Metro-link Station. Objective 2-4 To enhance the appearance of commercial districts. Policies: Improve the appearance and landscaping of commercial properties. Program: Implementation of the Design Standards and the Community Design and Landscaping Guidelines established in the Urban Design Chapter Landscaped corridors should be created and enhanced through the planting of street trees. Program: The Urban Design Chapter, which is part of the Plan, includes a section which establishes guidelines for community design and landscaping. These guidelines are intended to serve as a reference to other City Department and public agencies and any private entities who participate in projects which involve improvements to public spaces and rights-of-ways including streetscape and landscaping. The project will meet the above policies, guidelines, and features of the Sylmar Community Plan by providing much needed housing. Nearby San Fernando Road and Hubbard Street that are major thoroughfares which bus routes provide mass transit to the site. The recommended project of housing units is in conformance with the development standards of the C2 zone. In the current housing market where a number housing product is available, a High Medium Density senior housing development of an attached design will provide a diversified housing stock for the City's growing population. The proposal will replace defunct buildings for a mixed use project that will provide additional affordable housing and commercial opportunities to the vicinity. The proposed project, as conditioned, will be within the scale of other development in the area. Housing Department monitoring of rental units will assure the dwellings will be made available to persons of all social, economic, ethnic and age backgrounds. The recommended development meets the objectives of the Community Plan, is permitted in the proposed C2 Zone and is consistent with the designated land use. The property is within one of the few Community Commercial designations, making it a commercial hub of activity along with the transit component. The mixed use project within close proximity of the Metrolink Transit Station is consistent with the plan objectives that support developing a community identity surrounding more intensive uses near public transit opportunities. Siting the senior citizen housing project in this neighborhood provides a reasonable walking distance of health and community facilities, services, and public transportation. Urban design is emphasized in the design of the building and surrounding features that provide pedestrians with a sense of place within the comprehensive architectural context. The project includes multiple urban design components including facade treatment that applies architectural tower enhancements to the building. At the ground level surrounding the building and within the three courtyards, landscaping will shroud the edges providing softening treatment to open spaces. Street trees and landscaping will be provided to enhance the public spaces along San Fernando Road and Astoria Street.

22 CPC ZC-CU-DB-ZV-ZAA-SPR F-4 B. Entitlement Findings 1. Zone Change. L.A.M.C. Sec F: The recommended zone change is in conformance with the public necessity, convenience, general welfare or good zoning practice in that: The (T)(Q)C2-1 zone is consistent with the proposed General Plan Land Use designation in that the density of the zone is still within the maximum zone of the Community Commercial range - with allowance of Density Bonus provisions. The proposed project involving a mixed use multiple-family residential and commercial building is permitted by corresponding zones of the Community Commercial land use designation with corresponding zones of C2, C4, CR, RAS3, P, and PB. There is a necessity for housing in all income levels as retail supported uses. The project will create more opportunity for homebuyers to enter the senior homeownership market. The project is convenient to public transit that travels along San Fernando Road. Connectivity to other public transit lines as well as freeways is within proximity to the subject site. As noted above, the property is within one of the few Community Commercial designations, making it a commercial hub of activity along with the transit component. The mixed use project within close proximity of the Metrolink Transit Station is consistent with the plan objectives that support developing a community identity surrounding more intensive uses near public transit opportunities. Siting the senior citizen housing project in this neighborhood provides a reasonable walking distance of health and community facilities, services, and public transportation. This is in the interest of public convenience and welfare to provide services within walking distance of residential units and commercial uses. The action, as recommended, has been made contingent upon compliance with the "(T)" and "(Q)" conditions imposed herein. Such limitations are necessary to protect the best interests of and to assure a development more compatible with surrounding properties, to secure an appropriate development in harmony with the General Plan, and to prevent or mitigate the potential adverse environmental effects of the subject recommended action. 2. Density Bonus/Affordable Housing Incentives Program Pursuant to LAMC Section A 25: a. Density Bonus for On-Menu Incentive. In lieu of the otherwise applicable Floor Area Ratio, a Floor Area Ratio not to exceed 3:1, provided the parcel is in a commercial zone in Height District 1, and fronts on a Major Highway as identified in the City's General Plan, and the Housing Development Project includes the number of Restricted Affordable Units sufficient to qualify for a 35% Density Bonus. The on menu incentive requested for the project is additional floor area up to an FAR of 3: 1. The project fronts on San Fernando Road, a Major Highway Class II as identified by the Sylmar Community Plan and the City's Transportation Plan. The applicant has requested a density bonus of 7.14 percent is within the permitted standard of up to 35 percent by right. The project request includes restricting up to 39% of the dwelling units (42 units) for Low Income senior residents as well as the Affordable Housing Incentives of doubling the permitted Floor Area Ratio, and

23 CPC ZC-CU-DB-ZV -ZAA-SPR F-5 waiving the Transitional Height requirements and modifying a side yard requirement. The remaining 1 08 units will be market rate. Floor Area Ratio is requested to be in excess of the maximum code required 1.5:1 FAR for up to a 3:1 FAR. This is an on-menu item in conjunction with the Density Bonus Ordinance Section A.25 (f)(4)(ii) of the LAMC that would normally be determined by the Director of Planning. In order to qualify for the requirements of such floor area increase, the project must meet the number of units to qualify for the 35 percent density bonus; and the zoned parcel is located in or within 1,500 feet of a Transit Stop/Major Employment Center. The project offers up 30 percent restricted affordable units which will exceed the quota necessary (20% minimum) to achieve 35 percent density bonus. Additionally, the project is within 1,500 feet of the MTA Antelope Valley Line Metrolink station to meet both these requirements. b. Density Bonus for On Menu Items - The Director shall approve a Density Bonus and requested lncentive(s) unless the Director finds the following: i. The Incentive is not required in order to provide for affordable housing costs as defined in California Health and Safety Code Section , or Section for rents for the affordable units. The incentive is required in order to provide affordable housing costs for the project's construction of the 10 low income dwelling units requested by the applicant. ii. The Incentive will have a Specific Adverse Impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to Very Low, Low and Moderate Income households. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. The incentive will not have any adverse impacts upon public health and safety nor the physical environment or adjacent lands that may be listed in the California Register of Historical Resources. No such real property is designated. c. Density Bonus for Off Menu Incentives. For Housing Development Projects requesting waiver or modification of any development standard(s) not included on the Menu of Incentives in Paragraph (f) above, and which include other discretionary applications, the following shall apply: i. The applicable procedures set forth in Section of this Code shall apply. The multiple case discretionary requests included in the filing and processing of this project have been packaged as one multiple-entitlement case with reference to each application filed for the project, in compliance with Section of the LAMC. ii. The decision must include a separate section clearly labeled "Density Bonus/ Affordable Housing Incentives Program Determination".

24 CPC ZC-CU-DB-ZV-ZAA-SPR F-6 The project entitlements have been processed to the highest decision maker necessary for projects requiring both quasi-judicial and legislative approvals as noted in section C of the LAMC. iii. The decision-maker shall approve a Density Bonus and requested waiver or modification of any development standard(s) unless the decision- maker, based upon substantial evidence, makes either of the two findings set forth in Subparagraph (g)(2)(i)c. (1) Density Bonus for Off Menu Items - The Director shall approve a Density Bonus and requested lncentive(s) unless the Director finds the following: (a) The Incentive is not required in order to provide for affordable housing costs as defined in California Health and Safety Code Section , or Section for rents for the affordable units; or The incentives are required in order to provide affordable housing costs for the project's construction of the 10 low income dwelling units requested by the applicant. (b) The Incentive will have a Specific Adverse Impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to Very Low, Low and Moderate Income households. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. The incentive will not have any adverse impacts upon public health and safety nor the physical environment or adjacent lands that may be listed in the California Register of Historical Resources. No such real property is designated. iv. The applicant has included a pro forma or other documentation to show that the waiver or modification of any development standard(s) are needed in order to make the Restricted Affordable Units economically feasible. The LAMC requires that in order for a density bonus project to be eligible for 3 incentives, the project must have a minimum of 30 percent of the units (excluding the density bonus units) be attributed to restricted and affordable units. Therefore, the project meets this provision by providing 42 units (140du x.30) as restricted affordable units. For requests that are made on "off menu" items, the Municipal Code requires that the applicant make a filing including, "a pro forma or other documentation to show that the waiver or modification of any development standard(s) are needed in order to make the Restricted Affordable Units economically feasible." Such pro forma and submitted information makes the case so that the applicant's declarations are feasible only if the project, with the density bonus units, is fully developed with the request incentives. The information sheet is attached as Exhibit E, of the staff report. The development cost of the project will exceed $30 million compared to project funds available at approximately $32 million.

25 CPC ZC-CU-DB-ZV-ZAA-SPR F-7 The applicant requests buildings to exceed the Transitional Height requirements to permit variable building heights from 62 feet to 72 feet in lieu of the maximum 25 feet height within 0 to 49 feet, the maximum 33 feet within 50 to 99 feet, and the maximum of 61 feet within 100 to 199 feet of an RW1 or more restrictive Zone. Specifically, the proposed mixed use building would be 72 feet high within 63 feet of the R1 zones to the northwest. Further, the project building would be 68 feet high within 15 feet of the R1 zones to the southwest and southeast. This particular request goes beyond the standard height on menu standard that typically, under the Director's authority, will not permit added height incentives for sites adjacent to R1 zones. This is because the proposed height will be as high as 68 feet adjacent to single family uses. The Commission finds that the additional height is necessary for the project to realize the full density of R4 and to provide for the density bonus units requested. The request to allow a modification in the required side yard facing Astoria Street to 3-feet per Section A.25(g)(3)(ii) is an "off-menu" item as well. Proposed setbacks will encroach beyond the standard yard widths required by the Municipal Code. Where the side yards require 7 feet, the applicant is requesting reduced yards to 3 along the Astoria Street side. Typically, the on menu incentive for yards would allow a variation of up to 20 percent. The request is for 58 percent reduction. Because the portion of reduced side yard, a private open space deck, is along the public street and is directly above the commercial portion, there will be little impact to the adjacent properties. In their subsequent recommendation on September 28, 2010, the Planning Land Use Management Committee of the City Council elected to modify this entitlement to accommodate an unforeseen public street dedication by the applicant that would result in a further reduction of 2 feet - having the total equivalency of a 0-foot setback on Astoria Street. Although the applicant has agreed that there will be no further enlargement of the originally proposed building (letter dated September 28, 201 0) with exception of a three decorative towers that will not contain usable floor area. The towers are intended to enhance the visual aesthetic value of the Astoria Street fa9ade by allowing further articulation of the building. Planning Department Staff noted that this is not in conformance with the City Planning Commission's action. 3. Site Plan Review L.A.M.C. Sec : a. The subject development as proposed by the applicant complies with all applicable provisions of the Los Angeles Municipal Code and with any applicable Specific Plan, except as permitted herein. The requested zone change from C2-1 and RA-1 to (T)(Q) C2-1 will be consistent with the Community Plan. The adjacent properties to the east are similarly designated with Special boundaries targeted as the Mixed Use Boulevard and Transit Oriented District. The maximum density permitted for the 56,000 square foot property, based on the R4 zone is 140 dwelling units. (Should the applicant exercise a density bonus of 7.14 percent, the total will be 150 dwelling units.) Height District No. 1 limits floor area to an FAR of 1.5:1 having unlimited height. A maximum floor area of 84,000 square feet would be permitted by code. (The density bonus incentive request is for a 3:1 FAR which would yield up to 168,000 square feet - though the proposed project is 159,667 square feet.) Yards will comply with the R4 standards for the multiple-family residential uses above (except for the relief granted for the density bonus incentive of reduced side yard). The project exhibits yard setbacks, otherwise that comply with the standards of the R4 zone (i.e. 15 feet for

26 CPC ZC-CU-DB-ZV -ZAA-SPR F-8 front yard; 5 feet for side yards, with one additional foot for each floor above the 2"d floor to a maximum of 16 feet; and 15 feet rear yard with one an additional foot for each story above the 3'd story, to a maximum of 20 feet). No front yard is required per the LAMC for commercial uses at the first floor. Other standards such as open space, landscaping, parking, and others are in compliance with the municipal code. The project site is not subject to any geographic Specific Plan. b. The subject development, as requested by the applicant, is consistent with the adopted General Plan. The (T)(Q)C2-1 zone is consistent with the proposed General Plan Land Use designation in that the density of the zone is still within the maximum zone of the Community Commercial range - with allowance of Density Bonus provisions. The proposed project involving a mixed use multiple-family residential and commercial building is permitted by corresponding zones of the Community Commercial land use designation with corresponding zones of C2, C4, CR, RAS3, P, and PB. c. The subject development is within the boundaries of a Redevelopment Plan. The property is included in the Council District No. 7 Earthquake Disaster Assistance Project that provides for the repair, restoration, demolition and/or replacement of property or areas or facilities damaged as a result of the Northridge Earthquake. This project is in conformance with the first Objective of the assistance area which is to, "promote and encourage the establishment and development of businesses which serve the identified needs of the community, enhance the commercial environment and maximize the creation of jobs and commercial opportunities for the area residents". This mixed-use project is providing commercial retail and office onsite along with new residential opportunities. Furthermore, the project will include ground floor commercial uses, thus promoting the activation of pedestrian activity in an area near jobs and transit. Also, the project "reflects a high level of concern for architectural, landscape, and urban design and land use principles" by fronting the project and a majority of the commercial and office along San Fernando Road. The project has provided a conceptual landscape plan which includes landscaped yards, courtyards, and shade trees throughout the site which provides open space for residents to enjoy. d. The subject development is consist of an arrangement of buildings and structures, including height, bulk and setbacks, off-street parking facilities, loading areas, lighting, landscaping, trash collection, and other such pertinent improvements which are compatible with existing and/or future development on neighboring properties. Site Plan Review is required for this project as the base density is 140 units - more than the 50 unit threshold for Site Plan Review processing. Neighborhood compatibility to the present and future development of the vicinity is considered. Because of the vicinity's one and two story single family buildings, the proposed project's height and scale is not compatible with one another. However, Site Plan Review also must consider the both existing and future development. The existing community plan land use designation of the site and the area southeast calls for Community Commercial with an unlimited height. Further, the plan also designates this area as a Mixed Use Boulevard and a Transit Oriented District. In this sense, the project could be compatible future development scale and intensity.