RECOMMENDATION REPORT

Transcription

1 DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT City Planning Commission Date: Thursday, May 28, 2009 Time: 8:30 AM* Place: Van Nuys City Hall Sylvan Street Council Chamber, 2 nd Floor Van Nuys, CA Public Hearing: April 22, 2009 Appeal Status: Zone Change appealable by the applicant to City Council if the Commission denies in whole or in part; Site Plan Review further appealable Expiration Date: June 9, 2009 Multiple Approval: Pursuant to LAMC Section Case No.: CPC ZC-HD- SPR CEQA No.: ENV MND Incidental Cases: None Related Cases: None Council No.: 9 Plan Area: Southeast Los Angeles Specific Plan: South Los Angeles Alcohol Sales Certified NC: Empowerment Congress North Area GPLU: Community Commercial Zone: C2-1L Applicant: The Martin Group; David Hilliard Representative: David Hilliard PROJECT LOCATION: PROPOSED PROJECT: REQUESTED ACTION: 2700 S. Figueroa Street ( S. Figueroa Street & W. 27th Street) The demolition of an existing single-story 29,500 square foot commercial building and construction of a new 7-story mixed-use development including student housing and retail with a floor area ratio (FAR) of 3.8:1on a 45,000 square foot site. The new building will include approximately 22,710 square feet of retail space with 45 parking spaces and 171 apartments with 183 parking spaces. The Hearing Officer will Consider: 1. Pursuant Section F of the Municipal Code, a Zone Change and Height District Change from C2-1L (Commercial Zone) to (T)(Q)C2-2D (Commercial Zone) in accordance with the Southeast Los Angeles Community Plan Footnote No. 14 (maximum total FAR of 4.5:1 may be granted for mixed-use project that reserved students and/or students and their families and shall comprise no less than 0.5 and no more than 0.9 floor area for commercial uses). 2. Pursuant to Section of the Municipal Code, Site Plan Review for a project which results in an increase of 50 or more dwelling units. 3. Pursuant to Section (c) of the California Public Resources Code, Adopt the Mitigated Negative Declaration for the above referenced project. RECOMMENDED ACTIONS: 1. Approve and Recommend that the City Council Adopt a Zone and Height District Change from C2-1L to (T)(Q)C2-2D in accordance with the Southeast Los Angeles Community Plan Footnote No. 14 and subject to the attached Q Conditions of Approval.

2 Case No. CPC ZC-HD-SPR Page 2 2. Approve site plan review. 3. Adopt the attached Findings. 4. Adopt Mitigated Negative Declaration No. ENV MND. 5. Recommend that the applicant be advised that time limits for effectuation of a zone in the Q Qualified Classification and T Tentative Classification are specified in Section G of the L.A.M.C. Conditions must be satisfied prior to the issuance of building permits and that the (T) Tentative classification be removed in the manner indicated on the attached page. 6. Advise the applicant that, pursuant to California State Public Resources Code Section , the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring. 7. Advise 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. S. GAIL GOLDBERG, AICP Director of Planning JIM TOKUNAGA, Senior City Planner SARAH RIGAMAT, City Planning Associate Telephone: (213) ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 532, City Hall, 200 North Spring Street, Los Angeles, CA (Phone No ). While all written communications are given to the Commission for consideration, the initial packets are sent to the week prior to the Commission s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to these programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213)

3 TABLE OF CONTENTS Project Analysis... A-1 Project Summary Background Issues Conclusion (Q) Qualified Conditions of Approval...Q-1 (T) Conditions...T-1 Findings...F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications... P-1 Exhibits: A Vicinity Map B Radius Map C Plans (plot plan, floor plans, parking, sections/ elevations, preliminary landscape plan) D Environmental Clearance (ENV MND)

4 Case No. CPC ZC-HD-SPR A-1 PROJECT ANALYSIS Project Summary The proposed project includes the demolition of an existing single-story 29,500 square foot commercial building and construction of a new 7-story mixed-use development including student housing and retail with a floor area ratio (FAR) of 3.8:1 on an approximately 45,000 square foot site. The new building will include 22,710 square feet of retail space with 45 parking spaces and 171 apartments with 183 parking spaces located at 2700 S. Figueroa Street ( N. Figueroa Street & W. 27th Street). Background The proposed project is for new construction of a mixed-use development with apartments for student housing over retail located at the northeast corner of Figueroa Street and 27 th Street (Exhibit A). The subject property is characterized by level terrain, a rectangular shape, and is improved with an approximately 29,500 square foot single-story commercial building and surface parking. The subject property has a linear frontage of approximately 132 feet along Figueroa Street and Flower Street and has a linear distance of 335 feet along 27 th Street. The Southeast Los Angeles Community Plan was amended in 2007 (City Council File No ) to provide for mixed-use development along the downtown Figueroa Corridor, which includes this location. The subject property is an approximately 1.04 gross acre parcel of land (approximately 45,467 gross square feet) in the C2-1L Zone. The site has been designated for Community Commercial land use and Height District No. 2 under the Land Use Element of the General Plan. The Figueroa Corridor General Plan Amendment (Case No. CPC GPA) allows Height District changes to 2D conditioned upon a maximum 4.5:1 Floor Area Ratio (FAR) for certain types of development listed under Footnote No. 14 of the Community Plan. The applicant proposes to build a mixed-use project at this location with 171 student housing units and 22,710 square feet of retail. A Zone and Height District Change is requested to modify the current C2-1L Zone to (T)(Q)C2-2D (LAMC Section ) to allow for the proposed floor area ratio (FAR) of 3.8:1. Site Plan Review has also been applied for with this application. In 2007, the height district for this area was changed to accommodate the development of a mixed-use student housing/retail project, under Case No. CPC GPA-ZC-HD-ZV-BL- SPR, located at the northwest corner of Figueroa Street and Jefferson Boulevard approximately ¼ mile from this site. Another mixed-use project was completed at 3760 Figueroa with a 3:1 FAR, located adjacent to the USC border under Case No. ZA ZAA. Many mixeduse projects have been development in the downtown area over the past 10 years. Therefore, the height district change for the proposed development is consistent with prior changes in this area. Figueroa Street is a improved highway with a center left turn land available for the site. Water, sewer, natural gas, electric, telephone, and cable utilities are available to serve the property site, and opportunities for future residents to use public transportation. Figueroa Street provides major MTA Bus line, and the new Exposition (Expo) Line, currently under construction, will pass the site on Flower Street. When the line opens in 2010, the Expo Line will join the Metro Rail/Fixed Guideway network of 87.6 miles of route service in Los Angeles County. The Expo Line will be the first Metro Rail line to connect Downtown Los Angeles with the Westside at Culver City. Metro Rail customers can also directly connect with the Metro Purple and Metro

5 Case No. CPC ZC-HD-SPR A-2 Red Line in Downtown Los Angeles at 7th Street/Metro Center. Upon completion, the nearest Metrorail stop will be 2 ½ blocks from the site at 23 rd Street. Parking: The project will provide approximately 228 off-street parking spaces including a minimum of 216 standard spaces and 12 compact spaces. Seven of those spaces are required to be handicap stalls. Retail parking will be provided at grade behind the retail area along 27 th Street and apartment parking will be a single level below grade and one level above the retail element of the project. The applicant is also proposing 145 spaces for bicycle storage. LAMC Section A,4(p)(1) is the parking exception for the Central City Area (Ordinance No. 129,334, effective February 28, 1965) which allows one parking space for each dwelling unit with three or less habitable rooms (1 x 124-unit =124 spaces) and one and one-quarter parking spaces for each dwelling unit of more than three habitable rooms (1.25 x 47-units =59 spaces). The project is also located within the Los Angeles State Enterprise Zone which utilizes a lower parking ratio for commercial office, business, retail, restaurant, bar and related uses, trade schools, or research and development building. LAMC Section A,4(x)(3) allows for only two parking space for every 1,000 square feet of combined gross floor area which translates to the project being required to provide 45 commercial parking spaces. Surrounding Properties: Surrounding properties include: a retail auto parts store and medical clinic to the north across 27 th Street in the C2-1L Zone; the Harbor Freeway (110) and the construction of the Exposition Line along Flower Street to the east; a fast food restaurant, parking, and a vacant warehouse abutting on the south in the C2-1L Zone; a bank and copy service across Figueroa Street to the southeast in the [Q]C2-1VL-O Zone; and, the American Automobile Association Office Building (Historic-Cultural Monument No. LA-72, California Register) across Figueroa Street to the northeast in the [Q]C2-1-O Zone. (See Exhibit B) Street and Circulation: Figueroa Street is a Major Highway Class II dedicated to 99-feet at the project s frontage. Flower Street is a Secondary Highway dedicated to variable widths between 77- to 90-feet at the project's frontage. 27 th Street is a Local Street dedicated to 60-feet at the project's frontage. Relevant Cases: CPC ICO: (Ordinance No. 180,103, effective September 14, 2008) on July 29, 2008 City Council adopt the establishment of a proposed Interim Control Ordinance (ICO), Exhibit E-I, as revised, to impose interim regulations on the issuance of all permits related to the establishment of new fast food restaurants located on commercial or industrial zoned properties located along streets designated as Major Highway Class I, Major Highway Class II and Secondary Highway in the West Adams-Baldwin Hills-Leimert; South Los Angeles; and Southeast Los Angeles Community Plan Areas. CPC GPA: on March 20, 2007 the City Council adopted a General Plan amendment to redesignate properties designated Neighborhood Commercial to Community Commercial on Figueroa Street from the Santa Monica Freeway on the north to Martin Luther King, Jr. Boulevard on the south, and a General Plan Amendment to add footnotes to both the South and Southeast Los Angeles Community Plans to permit a Height District 2D with a maximum FAR of 4.5:1 for mixed-use projects on commercially designated properties

6 Case No. CPC ZC-HD-SPR A-3 on Figueroa Street and the west side of Flower Street from the Santa Monica Freeway on the north to Martin Luther King Jr. Boulevard on the south, subject to limitations. CPC GPA-ZC-HD-ZV-BL-SPR: (Ordinance No. 178,641, effective June 2, 2007) a mixed-use development, at the northwest corner of Figueroa Street and Jefferson Boulevard, adopted by City Council on April 20, 2007, consisting of an 8-story, 421-unit apartment building with 83,000 square feet of ground floor commercial. CPC OCH: (Ordinance No. 180,218, effective November 16, 2008) on September 23, 2008 the City Council adopted an ordinance establishing the North University Park-Exposition Park-West Adams Neighborhood Stabilization Overlay (NSO) District pursuant to LAMC Sections and ZA ZAA: On October 10, 2003 the Zoning Administrator approved an adjustment from Section I-A of the Los Angeles Municipal Code to permit a 157,420 square-foot residential/commercial mixed-use project with an Floor Area Ratio (FAR) of 2.58:1 in lieu of the 1.5:1 FAR (limiting development to 91,348 square feet) permitted in the C2-1 L Zone and subject to nine conditions of approval. On December 19, 2003, a Letter of Clarification was issued clarifying his action and revising the grant clause to permit a maximum FAR of 3.0:1 in lieu of the 1.5:1 FAR permitted in the C2-1L Zone. CPC GPA: (Ordinance No. 167,449) on January 4, 1989 the City Council approved the General Plan/Zoning Consistency AB-283 Program for the Southeast Los Angeles area community wide zone changes and community plan changes to bring the zoning into consistency with the Community Plan. Include changes of height as needed. This program was required by court as part of the settlement in the Hillside Federation Lawsuit. Resolution adopted by City Council on February 9, The site block changed from Height District No. 2 to 1L under Subarea No CPC SP: (Ordinance No. 162,218) in May 1987 the City Council adopted the Specific Plan for conditional use approval for establishments that sell alcohol in South Central area of City. Issues Representatives from Saint John s Episcopal Church (Historic Cultural Monument No. LA-516) located at 514 W. Adams Boulevard (to the block north of the project site), raised concerns at the public hearing with regards to: location of vehicle access, overall height, overall bulk, mass and setbacks, location and extent of open living balconies, potential for incompatible retail uses along Figueroa and 27 th Street, lack of parking within the neighborhood, noise disruption during and after construction, and long term effect of development on neighboring historic development. The representatives requested more time to discuss these issues with the developer and requested that the design be altered when a consensus is met. The developer agreed to continue to meet with throughout the ongoing review process with their neighbors. Staff Response: There is currently a commercial building (existing medical clinic on property owned by the church) between the proposed project and the Cathedral, which distances the church s rear building facade approximately 100 feet from the project s property line. Vehicular ingress and egress to the new development will be taken off of 27 th Street through two driveways beginning approximately 75 feet in from the Flower Street property line. The proposed driveway cuts will

7 Case No. CPC ZC-HD-SPR A-4 be offset from the church s existing parking which is along the first 65 feet of the northwest corner of 27 th and Flower Streets. The first proposal analyzed by the Department of Transportation on January 29, 2009 included a third driveway that would have aligned with the church s existing driveway on 27 th Street; this driveway has been removed from the current plans. Specific retail tenant uses have not been determined to date and have not been applied for with these entitlements. All commercial uses must be in conformance with those permitted in the C2 Zone (LAMC Section 12.14) as conditioned under the proposed Q Condition No. 1. Height, bulk, massing, and setbacks are required in conformance with the Greater Downtown Housing Incentive Area Ordinance and Footnote No. 14 of the Southeast Los Angeles Community Plan. Height is predicated on the allowable floor area, however the project is proposed not to exceed 85 feet if fully fire sprinklered and has been conditioned as such under proposed Q Condition No. 5. Also, under Q Condition No. 11 the project facade has been conditioned to be modulated/varied so that the facade is a not a flat surface. The project is required to provide 18,275 square feet of open space and is proposing to provide approximately 18,455 square feet of open space (180 square feet in excess). To remove balconies on the northern elevation would result in a reduction in private open space and the project would no longer meet the total open space requirement. Lack of parking within the existing developed urban neighborhoods, especially those in close proximity to universities and other development of regional significant, is an issue in many part of Los Angeles. The project will provide parking in accordance with Municipal Code requirements and is providing bicycle storage areas as well. The intent with being only 5 ½ blocks (approximately 0.41 miles) from USC, two blocks from the future Expo Line Station, and having public transportation available along Figueroa Street is that future student tenants will be bringing less automobile and use other means of transportation provided within the neighborhood. Noise disruption during construction and the potential for increased noise of the new development is always a factor with any new project. A Noise Impact Analysis was completed on February 6, 2009, by Giroux & Associates Environmental Consultants, and included within the environmental assessment (Case No. ENV MND). Conclusion This project helps meet the off-campus housing needs of more than 22,000 USC students who create significant housing demand in the surrounding community as far away as areas south of the Santa Monica Freeway. Such student housing demand results in higher prices for existing housing, and puts students in competition for the limited supply of affordable housing for local lower-income households. Such demand also results in room additions (e.g., 3 to 5 additional bedrooms in single family homes) with only code parking of two spaces per dwelling unit. Since each bedroom is rented to at least two students, the overflow parking disrupts neighborhoods and negatively impacts their quality of life. The proposed project will provide a valuable conversion from single-story commercial building to a mixed-use student housing development. The commercial use will generate tax revenue for the City while providing job opportunities for nearby residents. The zone change provides an opportunity to enhance its underutilized property. Furthermore, the proposed project will comply with all LAMC requirements for parking, floor area, yards, and open space. Therefore, as conditioned, the proposed zone and height district change is found consistent with public necessity, convenience, general welfare and good zoning practice.

8 Case No. CPC ZC-HD-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. Entitlement Conditions 1. Use. The use and area regulations for the new development on-site shall be limited to those permitted in the C2 Zone as defined in Section of the LAMC. 2. Site Plan. The use and development of the subject property shall be in substantial conformance with the plot plan labeled Exhibit C (Sheet No. 2 of 7; stamp dated March 5, 2009). Prior to the issuance of any building permits, a revised, detailed landscape plan that incorporates enhanced landscaping and urban design features along the Figueroa Street and 27 th Street frontages including, trellises, vertical planting elements and opportunities for seating and shade (see Condition A.6) shall be submitted for review and approval by the Planning Department. Minor deviations may be allowed in order to comply with applicable provisions of the Municipal Code, the subject conditions herein and the intent of the subject permit authorization. 3. Floor Area. The floor area of all buildings shall be limited to no more than 4.5 times the buildable area of the lot for the mixed-use project reserved for students and/or students and their families. There shall be no less than 0.5 and no more than 0.9 floor area for all commercial uses on-site, in accordance with Southeast Los Angeles Community Plan Footnote No Density. A maximum of 171 residential dwelling units may be constructed on the subject property. 5. Height. The height of all buildings and structures on the subject property shall not exceed 85 feet. Any structures on the roof, such as air condition units and other equipment, shall be fully screened from view of any abutting properties. 6. Parking. A minimum of 228 on-site parking spaces shall be provided (183 residential stalls and 45 commercial stalls). a. Tandem parking may be used only for the spaces which 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: 1) 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.

9 Case No. CPC ZC-HD-SPR Q-2 2) 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. 3) The security gate shall be set back at least 40 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. 4) 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. 7. Bicycle Parking. A minimum of 145 bicycle parking spaces shall be provided on the project site for use by residents, employees of and visitors to the project. a. A portion of the bicycle parking spaces shall be provided near the retail entrances at Figueroa Street and/or 27 th Street. b. The bicycle parking space shall be shown on the revised plans and the majority shall be located at ground level. 8. Open Space. A minimum of 18,275 square feet of total open space shall be provided on site, as shown in the site, preliminary landscape plans labeled Exhibit C (Sheet No. 6 of 7), attached to the subject file. Publicly accessible open space (i.e. public plazas) shall be provided as shown on the plans. Revised landscape plans shall be provided that show how public and private open space shall conform to the following additional standards: a. Shade trees, vegetation (i.e. ground cover, shrubs and trees, trellises and other vertical planting elements), seating areas and water features and/or other design elements shall be incorporated throughout the project's open spaces and shall serve as focal points and unifying elements of interior courtyard spaces and public plazas. b. A pedestrian scale shall be reinforced through the use of the elements listed in Condition 6.b in the public open spaces. 9. Urban Design Standards. a. All windows shall be made of transparent, non-reflective glass. b. The eastern and northern facades of the parking structure shall be fully screened with landscaping and/or architectural cladding using materials and architectural features that complement the design of the main building. c. The southern façade of the parking structure shall be articulated to detract from graffiti. d. In accordance with the Green Building Program's Standard of Sustainability (Ordinance No. 179,820, effective November 1, 2008) the project shall meet the intent of LEED at the certified level. Formal certification by the USGBC is not required. 10. Signage. On-site signs shall be limited to the maximum allowable under the Code. Multiple temporary signs in the store windows and along the building walls are not permitted.

10 Case No. CPC ZC-HD-SPR Q-3 B. Other Conditions 11. Facade (Multi-Family Residential More than 40 Feet in Length). The front facade of the building shall be modulated/varied so that the facade is a not a flat surface. 12. Loading. The location of loading areas shall be clearly identified on the site plan to the satisfaction of the Department of City Planning. Loading area shall not be permitted on Figueroa Street. 13. Emergency Evacuation Plan. The developer shall submit an emergency response plan for approval by the Planning Department and the Fire Department. The emergency response plan shall include but not be limited to the following: (a) mapping of emergency exits; (b) evacuation routes for vehicles and pedestrians; (c) location of nearest hospitals; and (d) fire departments. 14. Community Relations. A 24-hour hot-line phone number for the receipt of constructionrelated complaints from the community shall be provided to immediate neighbors and the local neighborhood association, if any. The applicant shall be required to respond within 24 hours of any complaint received on this hotline. 15. Posting of Construction Activities. The adjacent residents shall be given regular notification of major construction activities and their duration. A visible and readable sign (at a distance of 50 feet) shall be posted on the construction site identifying a telephone number for inquiring about the construction process and to register complaints. 16. 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. 17. Truck Traffic Restricted Hours. Truck traffic directed to the project site for the purpose of delivering materials or construction-machinery shall be limited to the hours beginning at 8:00 AM and ending at 4:00 PM, Monday through Friday. No truck deliveries shall occur outside of that time period. No truck queuing related to such deliveries to the project site shall occur on any local or collector street within the project vicinity outside of that time period. 18. Security. A security patrol or fencing shall be provided at the project site in order to minimize trespassing, vandalism, short cuts, and other attractive nuisances. C. Environmental Conditions 19. Landscaping. All open areas not used for buildings, driveways, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan, including an automatic irrigation plan, prepared by a licensed landscape architect to the satisfaction of the decision maker. 20. 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

11 Case No. CPC ZC-HD-SPR Q-4 graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91, Light. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties. 22. Air Pollution. 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. 23. 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. 24. Construction (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. b. The owner or contractor shall maintain the construction area sufficiently dampened to control dust caused by grading, 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 the generation of excessive amounts of dust. e. All clearing, grading, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent the generation of excessive amounts of dust. f. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 25. Construction (Noise). 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. a. 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. b. Construction 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. No construction on Sundays. c. Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously that causes high noise levels. d. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices.

12 Case No. CPC ZC-HD-SPR Q-5 e. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, to insure an acceptable interior noise environment. 26. Construction (Grading). Grading, excavations and fills shall comply with Chapter IX, Division 70 of the Municipal Code. All grading activities require shall receive grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within areas. The application of Best Management Practices shall include but not be limited to the following measures: a. Excavation and grading activities shall be scheduled during dry weather periods. If grading occurs during the rainy season (October 15 through April 1), construct diversion dikes to channel runoff around the site. Line channels with grass or roughened pavement to reduce runoff velocity. b. Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Building and Safety Department, such as 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. c. Stockpiles and excavated soil shall be covered with secured tarps or plastic sheeting. 27. General Construction. a. 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 and wastes shall be removed to an appropriate landfill. Toxic wastes shall be discarded at a licensed regulated disposal site. b. Clean up leaks, drips and spills immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains. c. Do not hose down pavement at material spills. Use dry cleanup methods whenever possible. d. Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. e. Use gravel approaches where truck traffic is frequent to reduce soil compaction and limit the tracking of sediment into streets. f. Conduct all vehicle/equipment maintenance, repair, and washing away from storm drains. All major repairs are to be conducted off-site. Use drip pans or drop clothes to catch drips and spills. 28. Haul Routes. Projects involving the import/export of 1,000 cubic yards or more of dirt shall obtain haul route approval by the Department of Building and Safety. The developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety. Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive nuisances. 29. Methane Gas. All buildings shall be provided with an approved Methane Mitigation System utilizing passive ventilation system as defined in the City of Los Angeles

13 Case No. CPC ZC-HD-SPR Q-6 Ordinance No. 175,790. Based on the site-specific soil-gas testing, the site is classified as Level I per this ordinance. As such, the Methane Mitigation System shall include an impervious membrane and a passive sub-slab ventilation system with corresponding vent risers. The membrane and sub-slab ventilation system shall be installed below the building slab surrounded by the inner face of the exterior footing and below the under-floor space of buildings with raised floor construction. The Methane Mitigation System will be designed by a consultant with prior experience on City of Los Angeles projects. The installation of the Methane Mitigation System will be performed utilizing City-approved materials, and observed and tested by a City certified Methane Deputy Inspector. 30. Asbestos Materials. Prior to the issuance of any demolition permit, the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant that no ACM are present in the building. If ACM are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District's Rule 1403 as well as all other State and Federal rules and regulations. Prior to issuance of any permit for demolition or alteration of the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Department of Building and Safety. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations. 31. Stormwater. Ordinance No. 172,176 and Ordinance No. 173,494 specify Stormwater and Urban Runoff Pollution Control which requires the application of Best Management Practices (BMPs). Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading, excavations, and fills. Applicants must meet the requirements of the Standard Urban Stormwater Mitigation Plan (SUSMP) approved by Los Angeles Regional Water Quality Control Board, including the following: a. Project applicants are required to implement stormwater BMPs to treat and infiltrate 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. Any connection to the sanitary sewer must have authorization from the Bureau of Sanitation. d. 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. e. 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.

14 Case No. CPC ZC-HD-SPR Q-7 f. 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 Dept. of Public Works, Stormwater Management Division. g. 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. h. 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. i. Legibility of stencils and signs must be maintained. j. 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. k. The storage area must be paved and sufficiently impervious to contain leaks and spills. l. The storage area must have a roof or awning to minimize collection of stormwater within the secondary containment area. m. 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. n. 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 a rock outlet protection. Rock outlet protection is a physical devise composed of rock, grouted riprap, or concrete rubble placed at the outlet of a pipe. Install sediment traps below the pipe-outlet. Inspect, repair and maintain the outlet protection after each significant rain. o. 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. 32. Parking Ramp. Concrete, not metal, shall be used for construction of parking ramps. The interior ramps shall be textured to prevent tire squeal at turning areas. 33. Pubic Address and Paging System. Any outdoor address or paging systems shall be designed by a qualified audio sound engineer with the following minimum specifications. Only low-pressure type speakers shall be used which are designed to have a minimum coverage area of approximately 400 square feet each. Distance between speakers shall not exceed 40 feet. Amplified signals shall be inaudible beyond the boundaries of the subject property.

15 Case No. CPC ZC-HD-SPR Q Railroad Noise. All walls and windows in line of sight to the railroad track shall achieve a Sound Transmission Class (STC) of 50 as defined in UBC No. 35-1, 1979 edition. 35. Police. The plans shall incorporate the design guidelines relative to security, semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semipublic space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Please refer to Design Out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department's Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, (213) These measures shall be approved by the Police Department prior to the issuance of building permits. 36. Water. The project shall comply with Ordinance No. 170,978 (Water Management Ordinance), which imposes numerous water conservation measures in landscape, installation, and maintenance (e.g, use drip irrigation and soak hoses in lieu of sprinklers to lower the amount of water lost to evaporation and overspray, set automatic sprinkler systems to irrigate during the early morning or evening hours to minimize water loss due to evaporation, and water less in the cooler months and during the rainy season). 37. Water. If conditions dictate, the Department of Water and Power may postpone new water connections for this project until water supply capacity is adequate. 38. Water. Unless otherwise required, and to the satisfaction of the Department of Building and Safety, the applicant shall install: (All New Construction) a. High-efficiency toilets (maximum 1.28 gpf), including dual-flush water closets, and high-efficiency urinals (maximum 0.5 gpf), including no-flush or waterless urinals, in all restrooms as appropriate. Rebates may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations. b. Restroom faucets with a maximum flow rate of 1.5 gallons per minute. Single-pass cooling equipment shall be strictly prohibited from use. Prohibition of such equipment shall be indicated on the building plans and incorporated into tenant lease agreements. (Single-pass cooling refers to the use of potable water to extract heat from process equipment, e.g. vacuum pump, ice machines, by passing the water through equipment and discharging the heated water to the sanitary wastewater system.) (All New Commercial) a. Unless otherwise required, all restroom faucets shall be of a self-closing design, to the satisfaction of the Department of Building and Safety. (All New Residential) a. Install a demand (tankless or instantaneous) water heater system sufficient to serve the anticipated needs of the dwelling(s). b. Install no more than one showerhead per shower stall, having a flow rate no greater than 2.0 gallons per minute.

16 Case No. CPC ZC-HD-SPR Q-9 c. Install and utilize only high-efficiency clothes washers (water factor of 6.0 or less) in the project, if proposed to be provided in either individual units and/or in a common laundry room(s). If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance. Rebates may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations. d. Install and utilize only high-efficiency Energy Star-rated dishwashers in the project, if proposed to be provided. If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance. 39. Landscaping Water. In addition to the requirements of the Landscape Ordinance, the landscape plan shall incorporate the following: a. Weather-based irrigation controller with rain shutoff; b. Matched precipitation (flow) rates for sprinkler heads; c. Drip/microspray/subsurface irrigation where appropriate; d. Minimum irrigation system distribution uniformity of 75 percent; e. Proper hydro-zoning, turf minimization and use of native/drought tolerant plan materials; and f. Use of landscape contouring to minimize precipitation runoff. g. A separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for irrigated landscape areas totaling 5,000 sf. and greater, to the satisfaction of the Department of Building and Safety. 40. Solid Waste. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program. Prior to the issuance of any demolition or construction permit, the applicant shall provide a copy of the receipt or contract from a waste disposal company providing services to the project, specifying recycled waste service(s), to the satisfaction of the Department of Building and Safety. The demolition and construction contractor(s) shall only contract for waste disposal services with a company that recycles demolition and/or constructionrelated wastes. To facilitate onsite separation and recycling of demolition and construction-related wastes, the contractor(s) shall provide temporary waste separation bins onsite during demolition and construction. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program. D. Administrative Conditions 41. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, reviews or approval, plans, etc, as may be required by the

17 Case No. CPC ZC-HD-SPR Q-10 subject conditions, shall be provided to the Planning Department for placement in the subject file. 42. 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. 43. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in the (Q) conditions shall be recorded in the County Recorder s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Planning Department for approval before being recorded, after recordation, a copy bearing the Recorder number and date shall be provided to the Planning Department for attachment to the file. 44. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation. 45. 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. 46. Building Plans. Page No. 1 of the grant 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. 47. Corrective Conditions. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section of the Municipal Code, to impose additional corrective conditions, if, in the Commission s or Director s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property. 48. 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.

18 Case No. CPC ZC-HD-SPR T-1 CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL Pursuant to Section G of the Municipal Code, the (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. Improvements. Prior to the issuance of any building permits, public improvements for rights-ofway adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional, and Federal government agencies as may be necessary). Responsibilities/Guarantees. 1. As part of early consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer. 2. Bureau of Engineering. Prior to the issuance of sign-offs for final site plan approval and/or project permits by the Department of City Planning, the applicant/developer shall provide written verification to the Department of City Planning from the responsible agency acknowledging the agency s consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to the project design required by a public agency shall be documented in writing and submitted for review by the Department of City Planning. a. Street Dedication. (1) Figueroa Street (Major Highway --Class II): A 2.5-foot wide strip of land along the property of frontage to complete a 52-foot half right-of-way in accordance Major Highway Class II Standards, including a 20-foot radius property line return at the intersection with 27 th Street. (2) Flower Street (Secondary Highway): None. (3) 27 th Street (Local Street): A 20-foot radius property line return at the intersection with Flower Street. b. Street Improvement. (1) Figueroa Street: Construct additional concrete sidewalk in the dedicated area to complete an 11-foot wide concrete sidewalk. Repair an broken, off-grade or bad order concrete curb, gutter and close any unused driveways. (2) Flower Street: Construct additional surfacing to join the existing improvements to provide a 35-foot half roadway in accordance with Secondary Highway Street standards, including asphalt pavement, integral concrete curb, 2-foot gutter and a 10-foot concrete sidewalk adjoining the property. Construct a new curb ramp and access ramp at the corner with 27 th Street to comply with ADA requirements.