RECOMMENDATION REPORT

Transcription

1 DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT CITY PLANNING COMMISSION Date: April, Time: after 8:30 a.m.* Place: City Hall City Council Chambers Room N. Spring Street Los Angeles, CA Public Hearing: June 26, 2008 Appealable Status: Zone change is appealable by the applicant to the City Council if denied in whole or in part. Per LAMC Sec D CASE NO.: CPC GPA-ZC-SP-DA CEQA No.: ENV EIR Related Case: VTT Council No.: 15 Plan Area: Wilmington-Harbor City Certified NC: Harbor City GPLU: Low Residential Zone: R1-1XL and OS-1XL Applicant: Bisno Development Company Representative: Allan Abschez Expiration Date: April 9, 2009 PROJECT LOCATION: South Western Avenue PROPOSED PROJECT: Establishment of a Specific Plan for approximately 61.5 gross acres to allow demolition and removal of 245 residential units, a community center, and commercial building (all a part of former U.S. Navy housing) for the new construction of 1,950 residential units and 10,000 square feet of commercial space. The proposed Specific Plan residential component would be comprised of 1,000 condominium units, 100 townhomes and 850 senior condominium units (age restricted to those 55 and older). Building heights would vary from three to four stories or from feet. Subterranean and semi-subterranean parking for residents and guests would be provided below the residential buildings and guest parking would also be available along the interior streets. An approximately six-acre public park is also being proposed. REQUESTED ACTIONS: 1. Pursuant to Section of the Municipal Code, a General Plan Amendment. to the Wilmington- Harbor City Community Plan from Low Residential and Open Space to Medium Density Residential land use. 2. Pursuant to Section of the Municipal Code, a Zone Change from the existing R1-1XL and OS- 1XL to a new Specific Plan Zone created as part of this action. (Ponte Vista at San Pedro Specific Plan) 3. Pursuant to Section of the Municipal Code, the establishment of the Ponte Vista at San Pedro Specific Plan for the proposed Project. 4. Pursuant to Section of the California Government Code and City implementing procedures, a Development Agreement between BDC Ponte Vista Partners LLC and the City of Los Angeles. The Development Agreement is intended to provide reasonable assurances to the Applicant with respect to his ability to implement proposed Project approvals while providing the City with Public Benefits. The term length for the proposed Development Agreement is 25 years. 5. Pursuant to Section (C)(3) Certification of ENV EIR as the Environmental Impact Report for the above referenced Project, and Adoption of the Mitigation Monitoring Program and the required findings for the adoption of the EIR, and Adoption of a Statement of Overriding Considerations setting forth the reasons and benefits of adopting the EIR with full knowledge that significant impacts may remain.

2 RECOMMENDED ACTIONS: 1. Disapprove a General Plan Amendment to the Wilmington-Harbor City Community Plan from Low Residential and Open Space to Medium Density Residential land use. 2. Disapprove a Zone Change from the existing R1-1XL and OS-1XL to a Specific Plan Zone proposed to be created as part of this action. 3. Disapprove the establishment of the Ponte Vista at San Pedro Specific Plan proposed to be created as part of this action. 4. Disapprove a Development Agreement between BDC Ponte Vista Partners LLC and the City of Los Angeles. 5. Not Certify Environmental Impact Report ENV EIR, Not Adopt a Statement of Overriding Considerations, and Disapprove the Mitigation Monitoring Program. S. GAIL GOLDBERG, AICP Director of Planning ORIGINAL SIGNATURE IN CASE FILE John Dugan, AICP Deputy Director ORIGINAL SIGNATURE IN CASE FILE Jon Foreman, Hearing Officer ORIGINAL SIGNATURE IN CASE FILE David Olivo, Planning Associate 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 272, 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 the week prior to the Commission=s meeting date. Challenges to these agenda items in court may be limited to raising only those issues 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 its 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, requests must be made not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213)

3 CPC GPA-ZC-SP-DA TABLE OF CONTENTS Project Analysis...A-1 Background Site History Project Summary Site Characteristics and Surrounding Land Use Previous Relevant Cases Summary of Public Hearing and Written Communications and Other Public Input Issues Findings... F-1 General Plan Land Use and Zoning Designation General Plan/Charter Findings Zone Change Finding Specific Plan Finding Development Agreement Finding Environmental (CEQA) Planning Department Guidelines for a Revised Specific Plan.....S-1 Exhibits A Council Resolution B Maps B-1 Vicinity Map B-2 Land Use map B-3 Aerial Photograph B-4 Long Range Land Use Diagram West /Coastal Los Angeles B-5 Site Plan

4 CPC GPA-ZC-SP-DA A-1 PROJECT ANALYSIS BACKGROUND A Council Resolution (Exhibit A - Council File ) was initiated by Council District 15 on December 13, 2005 to implement a process culminating in a Specific Plan for the future redevelopment of the former Navy housing site, also known as Ponte Vista. The resolution called for the Department of City Planning (DCP) to work with the developer and the communities of San Pedro, Harbor City and Wilmington to create and process a Specific Plan. The purpose was to address the neighborhood context for the Specific Plan, proposed uses, development criteria, design, and community amenities. Site History The federal government acquired ownership of the site in In 1962, the Navy constructed 245 housing units on the site to house Navy personnel who were stationed at the Long Beach Naval Shipyard. The site was annexed from an unincorporated County of Los Angeles area to the City of Los Angeles in The Navy housing site was closed in 1999 when the Naval Shipyard was closed through the Base and Realignment and Closure process (BRAC). After various legal procedures outlined in BRAC, the Navy awarded some acres of the property to Volunteers of America, a homeless support organization and put out to auction the remaining acres for sale to the public. In 2005, Bisno Development Company (BDC) successfully purchased acres of the site from the Navy and then purchased the remaining acres from Volunteers of America to complete ownership of the entire acre site. PROJECT SUMMARY On September 14, 2006, Bisno Development Company (BDC) submitted a proposed Specific Plan which would allow 2,300 multi-family residential units on the 61.5 acre site (approximately 45 units per net acre) and 10,000 square feet of ancillary retail space. The Plan called for 25%, or 575, of the residential units to be age-restricted housing (housing for those 55 years of age and older) located in a gated, separately designated area. These residential units would be situated over subterranean and semi-subterranean parking garages. The Project also included landscaped common areas (community clubhouses and pools, a waterscape concourse and a senior community park), gated private roadways, a publicly accessible six-acre park and a public roadway connecting Mary Star of the Sea High School to Western Avenue. On June 18, 2007, after several months of public input, BDC publicly presented the current Specific Plan, a revised proposal that reduced the number of units to 1,950 residential units (approximately 39 units per net acre) and increased the percentage and number of age-restricted housing units to 44%, or 850, units. The new proposal also includes 10,000 square feet of ancillary retail space and 100 condominium units designed as three-story townhouses. Building heights were reduced along Western Avenue to a maximum of 40 feet and to four stories, or 55 feet, over podium in other areas. The revised Specific Plan for the Project was officially submitted to the City of Los Angeles on November 13, 2007.

5 CPC GPA-ZC-SP-DA A-2

6 CPC GPA-ZC-SP-DA A-3 SITE CHARACTERISTICS AND SURROUNDING LAND USES The Ponte Vista site (Exhibit B-1 - Vicinity Map) consists of approximately 61.5 acres of land and is located at South Western Avenue in the City of Los Angeles, approximately two miles northwest of downtown San Pedro and 1.5 miles west of the Port of Los Angeles. The Project site is located within the Wilmington-Harbor City Community Planning Area, and it is directly adjacent to the San Pedro Community Planning Area to the south. The Ponte Vista site is designated for Low Density Residential (Exhibit B-2 Land Use Map) in the Community Plan and currently zoned R1-1XL for single-family residential uses limited to a 30-foot height. The northern portion of the site is designated for Open Space and zoned OS-1XL; however, this Open-Space designation appears to be a cartographic error that occurred when the site was annexed to the City of Los Angeles. The site itself is the location of the former U.S. Navy San Pedro housing complex built for personnel of the Long Beach Naval Shipyard. Constructed in the early 1960 s, the residential units consist of 122 attached residential structures (duplexes) and one detached residential single-family structure, for a total of 245 residential units. There are 208 residential units with three bedrooms and 37 four bedroom residential units. All of the existing structures are single story with front and rear yards. There is also a 2,161 square-foot community center and a 3,454 square-foot retail convenience store. The site was closed in 1999, and all the buildings are vacant and in a state of disrepair. They will be demolished for the proposed Project. The elevation of the site ranges from 101 to 249 feet above mean sea level (msl), sloping downward from the northeast to the southeast. The highest area of the Project site occurs along a steep-cut slope that forms the site s northern boundary. It is located just north of the subdivision s northernmost backyards along Samuel Dupont Avenue and John Montgomery Drive. A concrete drainage swale runs east/west along this cut slope. The southwestern portion of the Project site contains an approximately six-acre area building pad that was previously improved and operated as a fire-fighting training facility. It was removed in The area is now an empty lot containing a road ramp to Western Avenue, utility infrastructure, and an untended baseball diamond, located at the southwestern corner of the site. North of the baseball diamond, a drainage ditch enters the site from a subterranean culvert under Western Avenue. The drainage ditch extends southeasterly until it exits the site through another subterranean culvert near the southern boundary of the site. The ditch, currently lined on its northern side with concrete and on its southern side with deteriorated asphalt, is in a neglected and dilapidated state. A tree canopy believed to be less than 30 years old has developed in the vicinity of the drainage ditch. North Directly adjacent to the north (Exhibit B-3 Aerial Photograph) is the 330-acre U.S. Navy Defense Fuel Support Point (DFSP). The site is federally owned and not under the jurisdiction of the City of Los Angeles. The Wilmington-Harbor City Community Plan designates the site as Open Space, and a footnote in the Plan designates the site as an A1 Zone. The DFSP site is mostly open space and not accessible to the public. The property is partially developed with fuel storage tanks both above and below ground. The property is also a known habitat for the Palos Verde Blue Butterfly and the California Gnatcatcher.

7 CPC GPA-ZC-SP-DA A-4 West West of the Project site, across Western Avenue in the City of Rancho Palos Verdes, is the 120-acre Green Hills Memorial Park Cemetery. South of Green Hills, and directly across the street from the Ponte Vista site and within the City of Rancho Palos Verdes, is a detached single-family subdivision consisting of 721 homes (Rolling Hills Riviera) that is designated Low Density Residential. South Adjacent to the Project site on the south are several multi-family residential developments. Three parcels, totaling 5.5 acres, are developed with 348 units at R3 densities in three-to-four story abovegrade buildings. The properties are designated for Medium density Residential and Neighborhood Commercial on the Wilmington-Harbor City Community Plan and zoned (T) (Q)C2-2 and R1-1. The predominant development to the south of the Project site, and east of the R3 density buildings, is a multi-family residential complex known as The Gardens. This complex consists of about 1,100 townhomes in two-story buildings with attached garages. The Gardens is located within the San Pedro Community Plan and is designated for Low Medium II density Residential and zoned RD2-1XL. Further south, along the eastern side of Western Avenue, is a commercial strip center zoned [Q]C2-1XL and planned as Neighborhood Commercial. East The Mary Star of the Sea High School is located adjacent to the eastern boundary of the Project site. The campus is 27.5 acres and accommodates 600 students. The school site is zoned R1-1XL and designated for Low Density Residential. The school is currently operating under a Conditional Use Permit that was issued by the City Planning Commission in South of the Mary Star campus is a single-family subdivision designated by the San Pedro Community Plan for Low Density Residential land-use. It is zoned R1-1XL. Local Circulation Western Avenue is a designated Major Highway (State Highway Route 213) and is a major north/south transportation corridor that begins in Hollywood and ends its 28-mile length at the San Pedro coastline. To the west, it separates the City of Los Angeles from the City of Rancho Palos Verdes and is the only access street to the site. Western Avenue, while a Major Highway, does not have significant transit service. The Metropolitan Transit Authority (Metro) operates only one major route, Metro Line 205, along Western Avenue which runs at 30-minute headways during AM and PM peak hours. There is also limited AM and PM peak transit service run by local transit operators that provide connectivity to parts of the South Bay. There is little pedestrian activity along this stretch of Western Avenue due to the open space formed by the DFSP site, the Green Hills Memorial Park Cemetery, and the backyards of the single-family dwellings in Rancho Palos Verdes. Although the Harbor Freeway (I-110) is located two miles east of the Project site, there is no direct connection to the freeway from Western Avenue, and drivers must use Anaheim Street or the Pacific Coast Highway north of Ponte Vista to access I-110.

8 CPC GPA-ZC-SP-DA A-5 RELATED CASES On November 4, 2008, the Advisory Agency disapproved Vesting Tentative Tract No to subdivide the 61.5 acre property into 33 lots. The Advisory Agency found that the density of the proposed map is not consistent with the surrounding residential land uses and not suitable for this site as per the Wilmington-Harbor City Community Plan since it is not situated near a transit corridor or a conveniently accessible commercial center so as to discourage automobile use. The applicant filed an appeal on November 13, SUMMARY OF PUBLIC HEARINGS AND WRITTEN COMMUNICATIONS AND OTHER PUBLIC INPUT Public Hearing On June 26, 2008, a public hearing attended by approximately 600 people was held at the Cabrillo Marine Aquarium Auditorium in San Pedro to provide public testimony to a Hearing Officer also acting as the Advisory Agency for the concurrent Vesting Tentative Tract No Of those attending, 94 people testified on the matter: 51 attendees spoke in support of the Specific Plan, and 43 individuals spoke in opposition. Organizations and groups speaking in support included the Central San Pedro Neighborhood Council, AFL-CIO Labor Union, Los Angeles-Orange County Building Trades Council, Harbor City Business Coalition, Harbor City-Harbor Gateway Chamber of Commerce, South Bay Association of Chambers, and Mary Star of the Sea High School. Organizations and groups speaking in opposition included the Northwest San Pedro Neighborhood Council, Harbor City Neighborhood Council, Coastal San Pedro Neighborhood Council, City of Rancho Palos Verdes, City of Lomita, Rolling Hills Rivera Homeowners Association, and the Peninsula Verde Homeowners Association. Councilmember Janice Hahn of Council District 15 spoke in opposition to the requests. Testimony for supporting the Project: Affordable housing Employment opportunities especially for the construction trade Additional housing including housing for the elderly Safe and secure project design Testimony given to oppose the Project: Excessive housing density proposed Existing zoning and land-use designation Increased traffic and its impact on the community Public service impacts on schools, water and power Market rate units that are not affordable Design and layout not compatible with surrounding community Harbor Area Planning Commission Review and Comment On December 2, 2008 Planning Department staff provided a presentation and answered questions

9 CPC GPA-ZC-SP-DA A-6 on the proposed Specific Plan to the Harbor Area Planning Commission at its regularly scheduled meeting date at the San Pedro Boys and Girls Club Auditorium 100 W. 5th Street. Comments from Allan Abshez (developer s representative) Will take a careful look at the Planning Department s recommendations and consult with Planning staff Will form a detailed response to present to the City Planning Commission Comments from Councilmember Janice Hahn The project has divided the community Have been against this project from the beginning Los Angeles is facing a housing shortage but we need to preserve quality of life Not opposed to this density in downtown San Pedro There should be future dialogue between the applicant and the Planning Department Comments from the City of Rancho Palos Verdes The City Council concurs with the City of LA Planning Department s staff report Agree with the guidelines included in the report Comments from the City of Lomita Traffic on Pacific Coast Highway and Lomita Boulevard will also be impacted Support the City of LA Planning Department s staff report Comments from the Public Speakers: 19, none spoke in support of the proposed Specific Plan Agree with the Planning Department s report; real planning principles were applied The project will generate too much traffic on Western Avenue The proposed density is too high for the area The site is currently an eyesore and it should be screened off until developed The development will affect the quality of life of San Pedro residents Looking forward to a revised plan from the applicant R-1 density is most appropriate The Environmental Impact Report is devoid of discussion regarding hazardous concerns Concerned with the Planning Department s recommendation since a density bonus can still be applied Need to make sure that the site has adequate fire lanes and sprinkler systems Comments from the Commission: The property is currently an eyesore There should be future dialogue between the applicant and the Planning Department A future development should not be R-1 density; however, it should be consistent with the surrounding community Written Communications Correspondence in the form of letters, s, and public-hearing submitted comments have been received. The majority of these comments are in the form of form letters, petitions, and cards. The comments echo similar concerns expressed at the public hearing in oral testimony. Of the 11,320 written comments received, 10,564 were in opposition and 756 in support of the Project. The

10 CPC GPA-ZC-SP-DA A-7 Applicant has also submitted 11 binders that included copies of form letters and cards in support of the Specific Plan signed by approximately 16,334 people. Ponte Vista Community Advisory Committee (CAC) The Community Advisory Committee for the Ponte Vista Project in San Pedro was formed in the summer of 2006 by City of Los Angeles 15 th District Councilmember, Janice Hahn. The CAC was created to facilitate discussion and understanding of the Ponte Vista Project and to make comprehensive recommendations to the Councilmember on what the Project should include and how the Project should proceed. The Councilwoman s office chose CAC members from the communities surrounding the Project site who would be impacted by the Ponte Vista development. Councilmember Hahn designated her staff to attend CAC meetings and to work with the City of Los Angeles Planning Department and the Ponte Vista development team, BDC Ponte Vista Partners, LLC (BDC). The CAC and BDC chose an outside consultant to function as a facilitator for CAC meetings and to create a process to provide recommendations to the Councilmember. The CAC meeting process began in September of A total of 16 public meetings were held. In addition to committee members, public attendance generally ranged between people. As part of the process, presentations were made by the developer s consultants,, and City departments, including Transportation and Planning. During this process BDC revised the original proposal from 2,300 units to 1,950 units. On January 18, 2007, a public forum, attended by approximately 300 people, was held by the CAC to hear comments from the community based on the information that was available at that time. The majority of the CAC did not support the proposed Plan and issued their final recommendation (by a 10-1 vote) on August 21, 2007 to leave the current R-1 zoning intact. ISSUES Land Use and Zoning General Plan Framework The General Plan Framework (Framework) was first adopted in 1996 and was re-adopted by the City Council in The Framework is a citywide document that sets a long-term strategy for growth in the City of Los Angeles. The City s General Plan Framework incorporates a diagram that generally identifies and describes the various centers, districts, and mixed-use boulevards in a citywide perspective. One of the objectives of the Framework is to preserve single-family neighborhoods by focusing growth away from these neighborhoods and into targeted growth areas such as centers, districts and mixed-use boulevards. Exhibit B-4 - The Long Range Land Use Diagram in the Framework for West/Coastal Los Angeles identifies the area at and around the intersection of Avalon Boulevard and Anaheim Street, located three miles east of the site in Wilmington, and downtown San Pedro, located two miles southeast of the site, as the Community Commercial and Regional Centers in the Harbor area. The diagram also recognizes Pacific Avenue and Gaffey Street in San Pedro as the closest Mixed-Use Boulevards. Because of the designations, these areas have been identified by the Framework element as having the best capacity to accommodate higher-intensity uses, including higher-density residential, since they have the best access to community and health services and public transit.

11 CPC GPA-ZC-SP-DA A-8 A re-designation of the Ponte Vista site to Medium density Residential would not implement the policies of the Framework to place higher-density growth where it can best be accommodated. The site is not located in an identified center or district, nor is it located along a Mixed-Use Boulevard. The surrounding uses are predominantly lower-density residential including single-family and multifamily residential. A General Plan Amendment to Medium density Residential would alter the intensity of land uses in the neighborhood and would not be in keeping with maintaining the prevailing, established single-family or lower-density multi-family neighborhoods. Wilmington-Harbor City and San Pedro Community Plans Community plans apply the growth and development policies defined in the Framework as they relate to a smaller geographic area. The Ponte Vista site is within the Wilmington-Harbor City Community Plan. The subject property is also located adjacent to the San Pedro Community Plan Area and land-use impacts from the Ponte Vista site do affect the San Pedro community, as well. In evaluating the appropriateness of the proposed Specific Plan at the Ponte Vista site, there are two key goals of the Wilmington-Harbor City Community Plan: 1) preserving and enhancing the positive characteristics of existing residential neighborhoods, while providing a variety of compatible new housing opportunities, and 2) maximizing the development opportunities around the future transit system, while minimizing any adverse impacts. In addition, one must bear in mind that a fundamental premise of the Wilmington-Harbor City Plan is limiting residential densities in various neighborhoods to the prevailing density of development in these neighborhoods. The proposed General Plan Amendment from Low Residential to Medium Residential density designation is inappropriate for this site for two primary reasons. First, the density is not compatible with the land uses that are adjacent or near the Ponte Vista site. The proposed Specific Plan for 1,950 residential units on 49.5 net acres would allow for a residential density of 39 units per net acre. This density corresponds to the Medium Residential Land Use designation in the General Plan and the R3 zone category. As a comparison, this is nearly three times the density of the 800 acre Gardens, a residential multi-family complex that abuts the subject property on the south. Although the Gardens property is designated Low Medium II Residential density and zoned RD2-1XL, or up to 29 units per net acre, this development has been built out at approximately 13.5 dwelling units per net acre (comparable to the Low Medium I Residential density) and includes approximately 1,100 units. Three smaller, higher-density, multi-family buildings, the largest accommodating 136 apartment units at 75 units per acre, also abut the site to the south. However, these parcels are anomalies and do not reflect the majority of the surrounding residential community for they have land-use designations of Neighborhood Commercial or Medium density Residential which permits the R3 residential density. These existing R3 developments are developed on significantly smaller parcels totaling less than six acres, and, in terms of area, are less than 10% of the 60-acre Ponte Vista site. Thus, they are too small to establish the density standard for the Ponte Vista site. Stable single-family neighborhoods are located to the west in Rancho Palos Verdes, directly across Western Avenue and southeast of the site, south of Mary Star of the Sea High School. A new development occupying over 60 acres at a Medium density Residential designation would alter the predominant intensity of residential land uses in the neighborhood. Given the difference in density of the proposed Specific Plan, compared to the surrounding residential development, the scale and density of a Medium density Residential project on such a large site would create a significant island of dense development in a relatively low-density area that does not provide the access required for such a large population at this location.

12 CPC GPA-ZC-SP-DA A-9 Second, higher-density residential development should be guided to identified centers or mixed-use boulevards in the Harbor area that are in accordance with policies laid out in the Community Plans. Both the Wilmington-Harbor City and San Pedro Community Plans include policies that encourage higher-density residential uses near commercial and transit corridors in order to reduce vehicular trips. In addition, the San Pedro Community Plan also designates downtown San Pedro as both a Community Commercial and Regional Center where higher-density growth, including residential, should be focused. In fact, there are various efforts that have been undertaken by the Department of Planning, the Community Redevelopment Agency and the Port of Los Angeles that have led, and will lead, to more City capital expenditures on public right-of-way improvements in downtown San Pedro. To take advantage of these ongoing efforts, new, higher-density residential development should be directed to areas such as downtown San Pedro where new residents can benefit from planning efforts and City capital expenditures on infrastructure improvements, such as new pedestrian walkways and nearby pedestrian improvements at the Port. Design The Ponte Vista at San Pedro Specific Plan proposes a security-guarded condominium complex composed of 1,950 residential units, including 100 three-story townhomes located in the center of the Project (Exhibit B-5 Site Plan). The remaining market-rate and senior units are contained in 21 buildings, some of which are designed up to 4 stories and are 55 feet in height (above podium up to 10 feet high) with semi-subterranean parking. A street loops through the center of the site which serves as the primary access to these buildings. The northwest portion of the site has a similar, albeit smaller, roadway configuration that serves the age-restricted units clustered in this area. The Specific Plan allows for building levels up to 55 feet in height over podium. However, as proposed, semi-subterranean parking levels up to 10 feet above the sidewalk adjacent to the nearest street height are excluded in the calculation of building heights. This extra height would allow a building up to 65 feet above the sidewalk where the measurement is taken. The height would be incompatible with the vast majority of buildings in surrounding parcels, which are predominantly one or two stories. The surrounding properties are limited to a 30-foot height limit with the exception of the Medium density Residential project abutting the site on the south. The permitted building heights would be significantly taller than the surrounding neighborhood, creating a distinct high-intensity residential community that is not in keeping with the prevailing heights. A 20-foot landscape buffer would delineate the Specific Plan boundaries along Western Avenue. There are three entrances into the development, although two of the entrances would not be open to the public. A gated northern entrance would lead directly into the senior-housing component of the Project and a private street at the southern portion would lead directly to Mary Star of the Sea High School. The main entrance would be located between the two entrances and would be a fairly grand entrance with a double row of trees. Anyone entering would have to go through an ungated security station. The overall appearance from Western Avenue would be of a gated and exclusive community not open to the public, and there is no other similar project in the immediate vicinity. The existing land-use pattern in this area does not easily promote pedestrian access. The large Navy Defense Fuel Supply Depot to the north, as well as Green Hills Memorial Park Cemetery on the west side of Western Avenue, do not contribute pedestrians to Western Avenue and separate the site from the commercial uses to the north. The Specific Plan does not provide for commercial uses along Western Avenue. Instead, the proposed 10,000 square feet of commercial use is located within the Ponte Vista site and would require a potential non-resident pedestrian to walk into the development, past the security-guard station. The overall layout of the Specific Plan is not pedestrian friendly because of landscape buffers and limited pedestrian access.

13 CPC GPA-ZC-SP-DA A-10 Circulation Neither vehicles nor pedestrians are well served by the street patterns surrounding the Ponte Vista site. The street patterns are suburban in nature, and Western Avenue is the only north/south street that runs through the area. The land uses along Western Avenue are compartmentalized and spatially separated, suggesting that any development built at Ponte Vista would require dependence on the automobile as the primary means of transportation, even to nearby neighborhood and commercial services. The only access to the Ponte Vista site is Western Avenue, a major north/south arterial that serves major portions of the San Pedro and Rancho Palos Verdes communities. The Harbor Freeway (I- 110) is located three miles northeast of the site and accessed from either Anaheim Street or Pacific Coast Highway. The Ponte Vista site has poor regional access. Three large parcels occupied by the Navy s DFSP site, the Ken Malloy Harbor Regional Park, and the Los Angeles Harbor College impede direct access to the Harbor Freeway. In addition, transit options to the site are limited at best. Western Avenue is classified as a Major Highway in the General Plan but does not serve as a significant public-transit route. Bus service to the site is limited to one major route, Metro Line 205, which runs at 30-minute headways during AM and PM peak hours. The line provides access to the nearest transit center, located near the interchange of the 110 and 91 freeways, approximately 8 miles to the northeast. Although the traffic generated by the proposed Plan could be mitigated (primarily through Automated Traffic Surveillance and Control, or ATSAC) there would still be traffic congestion after its implementation. Western Avenue experiences congestion during peak hours and funerals. Level-ofservice (LOS) at nearby intersections at Western Avenue at Palos Verdes Drive and Capitol Drive, located north and south of the site, respectively, would remain at LOS F (very congested) even after mitigation measures are implemented for the Project. A Medium density Residential project at this location would conflict with the intent of the General Plan Framework and both the Wilmington-Harbor City and San Pedro Community Plans. Each of these documents emphasizes the need to place higher-density residential projects near commercial centers and/or major transit routes to reduce vehicular trips. The closest identified Community Commercial or Regional Center near the Ponte Vista site that can ideally accommodate the proposed density is downtown San Pedro, located two miles south of the Ponte Vista site. Senior Housing The proposed Specific Plan includes a component for 850 age-restricted, market-rate residential units for individuals 55 years and older. The senior-housing units are located within six separate buildings with a separate, gated driveway entrance from Western Avenue. Residents of these units would have separate recreation amenities, community facilities, and open space, separated from the rest of the development. The Wilmington-Harbor City Community Plan has a policy to guide the development of senior housing. This policy suggests that community facilities and services, and public transportation be located within reasonable walking distance. The Ponte Vista site is not within reasonable walking distance of community services and has only limited public-transit access. Existing commercial development in the area has been designed primarily for automobile access. The frail elderly cannot easily traverse the wide parking lots between the sidewalk and the buildings or climb the steep grade

14 CPC GPA-ZC-SP-DA A-11 on Western Avenue. Other pedestrian-inhibiting factors include the volume of vehicular traffic along Western Avenue and the isolated open-space nature of the sidewalk created by the 100-foot width of that street. Locating senior housing on this site would not allow for reasonable access to health, community, and commercial facilities and services for seniors without the use of an automobile. The Ponte Vista site is not an appropriate location for such a significant number of exclusively senior housing. Therefore, the Planning Department does not recommend an exclusively senior-housing component at this site since it does not meet the fundamental intent of this policy. Density Bonus If a proposed Specific Plan is approved, there is potential to qualify for and request a density bonus, pursuant to Los Angeles Municipal Code (LAMC) Section A.25. In addition to the Specific Plan density, this would allow for up to a 35% density bonus, potentially allowing for up to 53 units per net acre if the proposed Specific Plan were approved. This would include a 20% density bonus that is allowed for senior housing.

15 CPC GPA-ZC-SP-DA F-1 FINDINGS 1. General Plan Land Use and Zoning Designation. The subject property is located within the Wilmington-Harbor City Community Plan area, which was adopted by the City Council on July 14, 1999 (pursuant to Council File and CPC CPU). The CommunityPlan Map designates the subject property for two land uses, Low Density Residential with the corresponding zones of RE9, RS, R1, RU, RD6 and RD5, and Open Space with corresponding zones of OS and A1. A cartographic error erroneously designated a portion of this property as Open Space with its OS zone rather than the correct Low Density Residential designation and its corresponding R1 zone. This error can be corrected in the future as either a technical correction or by a new Zone Change/Specific Plan. The proposed General Plan Amendment by the applicant would change the land-use designation of the Ponte Vista to Medium density Residential. The new zone would be a Specific Plan exclusive to this site. 2. Los Angeles City Charter Sections 556 and 558 and Los Angeles Municipal Code Section 12.32(C)(7) requires that any General Plan Amendment be in substantial conformance with the purposes, intent and provisions of the City s General Plan. The proposed General Plan Amendment to Medium density Residential and the proposed do not comply with Charter Sections 556 and 558, and they are not in substantial conformance with the purposes, intent and provisions of the City s General Plan. The Applicant s proposed Plan Amendment and Specific Plan are not compatible with the City s General Plan Framework or the objectives and policies of the Wilmington-Harbor City Community Plan. The General Plan Framework was originally adopted in 1996 and re-adopted by the City Council in The General Plan Framework is a strategy for long-term growth in the City of Los Angeles, and it sets a citywide context to guide development of community plans and other General Plan elements. Implementation of the General Plan Framework is achieved through the various updates of community plans, ordinances, standards and guidelines, as well as through development-review procedures for projects submitted by a private property owner or developer. Based on the following objectives and policies, the Planning Department Finds that the proposed Project does not meet the following objectives and policies of the City s adopted General Plan Framework: Objective 3.2 Provide for the spatial distribution of development that promotes an improved quality of life by facilitating a reduction of vehicular trips, vehicle miles traveled, and air pollution. Policy Provide a pattern of development consisting of distinct districts, centers, boulevards, and neighborhoods that are differentiated by their functional role, scale, and character. This shall be accomplished by considering factors such as the existing concentrations of use, community-oriented activity centers that currently or potentially service adjacent neighborhoods, and existing or potential public-transit corridors and stations.

16 CPC GPA-ZC-SP-DA F-2 Policy Provide for the siting and design of new development that maintains the prevailing scale and character of the City's stable residential neighborhoods and enhances the character of commercial and industrial districts. Objective 3.4 Encourage new multi-family residential, retail commercial, and office development in the City's neighborhood districts, community, regional, and downtown centers, as well as along primary transit corridors/boulevards, while, at the same time, conserving existing neighborhoods and related districts. Policy Conserve existing stable residential neighborhoods and lower-intensity commercial districts and encourage the majority of new commercial and mixed-use (integrated commercial and residential) development (a) in a network of neighborhood districts, community, regional, and downtown centers, (b) in proximity to rail and bus transit stations and corridors, and (c) along the City's major boulevards, referred to as districts, centers, and mixed-use boulevards, in accordance with the Framework Long-Range Land-Use Diagram. Objective 4.3 Conserve scale and character of residential neighborhoods. One of the features of the General Plan Framework is to identify certain areas for long-term growth. To accomplish this, the Framework Plan has established a Long-Range Land-Use diagram for the various regions of the City. The Ponte Vista site is located within the West/Coastal Los Angeles area and is not identified for higher-density residential land uses in the General Plan Framework. The proposed Specific Plan is not located within a Neighborhood District, a Community Center, a Regional Center, a Downtown Center or a Mixed-Use Boulevard. These areas have been identified in the Framework as having the best capacity to accommodate denser residential development since they have the best access to community and health services, facilities and transit. In the Harbor City, Wilmington, and San Pedro areas, the General Plan Framework does identify downtown San Pedro, located two miles south of the site, and the area around the intersection of Avalon Boulevard and Anaheim Street in Wilmington, located three miles east of the Ponte Vista site, as the Regional Center and Community Centers for the Harbor area. In addition, these areas are also identified for Mixed-Use Boulevards. Denser residential development should be focused at these locations and not at a location such as the Ponte Vista site that has limited access to services, facilities, and public transit. It also has not been identified for targeted growth in the Framework Plan, and, therefore, is not in conformance with Objective 3.4. The proposed Specific Plan would result in a development of 1,950 units on 49.5 net acres, a density of 39 units per acre, corresponding to Medium density Residential. The nearest Medium density Residential use abuts the site to the south, on property designated for Neighborhood Commercial and Medium density Residential. However, in comparison with the Ponte Vista site, the existing abutting R3 density properties total less than six acres, while the Ponte Vista site is over 60 acres. The largest concentration of Medium density Residential land uses in the Plan area is located approximately 2 miles to the north in Harbor City, where the Pacific Coast Highway intersects with Western Avenue and Vermont Avenue. The predominant development in the surrounding area is known as The Gardens which

17 CPC GPA-ZC-SP-DA F-3 abuts the southern boundary of the Ponte Vista site on property areas designated as Low Medium II density Residential and zoned RD2-1XL. The Gardens occupy approximately 80 acres with 1,100 garden-style two-story townhomes with attached garages. Residential development to the west, on the other side of Western Avenue (located in the City of Rancho Palos Verdes), and southeast of the Ponte Vista site (south of Mary Star of the Sea High School) is designated for Low Density Residential and developed with single-family dwellings. The 330-acre U.S. Navy Defense Fuel Support Point abuts the Project site to the north and is designated as Open Space, and the adjacent Mary Star of the Sea High School, to the east, is designated for Low Density Residential and zoned R1-1XL, operating under a Conditional Use Permit for a school in the R1 Zone. Based on the surrounding land uses and Plan designations, the proposed is not consistent with the prevailing scale and character of the surrounding neighborhood as identified in Policy The Ponte Vista site is not located within reasonable walking distance to a transit station, a transit corridor, or a high-activity center. The closest commercial services are located along the east side of Western Avenue, just south of the Project site (approximately 500-feet south). However, walking or transit is generally not a viable option to access these services since they are laid out in a linear fashion within strip malls or plaza shopping centers, with large parking lots in between the sidewalk and the buildings. The existing land-use pattern in this area does not easily promote pedestrian access. The large Navy Defense Fuel Supply Depot to the north, as well as Green Hills Memorial Park Cemetery on the west side of Western Avenue, does not contribute pedestrians to Western Avenue and separates the site from the commercial uses to the north. The proposed Ponte Vista Specific Plan would create a 20-foot landscape buffer between Western Avenue and the buildings in the development. The Specific Plan does not provide for commercial uses along Western Avenue, and the proposed 10,000 square feet of commercial use is located within the development and would require a potential, non-resident pedestrian to walk into the development past a security guard station. Amending the land-use designation to Medium density Residential would significantly increase the density on-site (approximately four times the existing density permitted) and, in turn, increase the number of vehicle trips generated. The proposed Specific Plan is not located within close proximity to available public transit and, therefore, is not in substantial conformance to Objective 3.2. The proposed proposes condominium buildings on 19 separate parcels that have mass, bulk and height (some up to 65 feet high) that are not compatible with the predominant scale in the adjacent area, which is generally one or two-story single and multi-family structures. The largest proposed condominium building would contain 152 units, larger than any existing residential structure in the surrounding area. Existing residential development in the immediate area is primarily composed of lower density residential, both single and multi-family. The Specific Plan proposes an internal circulation pattern and layout that creates an isolated subdivision of Medium density Residential that is denser, bulkier, and taller than the majority of the surrounding land uses. Entering the residential community would require passing a security guard house, and accessing the senior-housing area would require an additional security check. The proposed Ponte Vista Specific Plan is not conserving the existing scale and character of the residential community and is not in substantial conformance to Objective 4.3. The Wilmington-Harbor City Community Plan contains the following Objectives and Policies to guide decision makers on land-development applications:

18 CPC GPA-ZC-SP-DA F-4 Objective 1-2 To locate new housing in a manner which reduces vehicular trips and makes it accessible to services and facilities. Policy Locate higher residential densities near commercial centers and major bus routes where public-service facilities, utilities, and topography will accommodate this development. Objective 1-3 To preserve and enhance the varied and distinct residential character and integrity of existing single and multi-family neighborhoods. Policy Housing Seek a high degree of architectural compatibility and landscaping for new infill development to protect the character and scale of existing residential neighborhoods. Encourage reuse of the existing U.S. Navy housing areas at the John Montgomery and Palos Verdes sites, in a manner that will provide needed housing in the community without adversely impacting the surrounding area. Locate senior-citizen housing projects in neighborhoods within reasonable walking distance of health and community facilities, services, and public transportation. The subject site is located on a major vehicular thoroughfare, Western Avenue a designated Major Highway. Western Avenue would be the only ingress/egress for the residents in the development. Though ancillary retail space is proposed within the subdivision, virtually all services will still need to be accessed via automobile. Western Avenue does not have significant transit service. Bus service to the site is limited to one line, the Metropolitan Transit Authority s Metro Line 205, which runs at 30 minute headways during AM and PM peak hours. Freeway access is located approximately three miles northeast of the site with northbound and southbound ramps at Anaheim Street and Pacific Coast Highway. The proposed Specific Plan is not located within close proximity to major bus routes and therefore is not in substantial conformance to Objective 1.2 and Policy Effort should be made to insure compatibility with development of this site and existing nearby residential development. The Plan supports preservation of the existing scale of a neighborhood, and any plan, including a specific plan, should provide for Community Plan consistency. Residential development to the west and southeast of the site is designated Low Density Residential and developed with single-family dwellings. To the south, The Gardens complex is the most sizeable multi-family development in the immediate vicinity and, though designated for Low Medium II, is built to Low Medium I densities. The design of The Gardens condominium complex is garden townhomes with attached garages. With the exception of the three parcels, totaling less than six acres, immediately abutting the site to the south along Western Avenue and designated for Neighborhood Commercial and Medium density Residential, there are no other Medium density Residential areas adjacent to the site. An exception can be made for the adjoining R3 density projects because these parcels are built to the Plan designation and were not developed as a result of a General Plan Amendment. However, in the Ponte Vista case, the Applicant has submitted a proposed Specific Plan and General Plan Amendment for a density and design that is considerably more intense than the existing surrounding land uses. The proposed actions would significantly change the character of the neighborhood due to the incompatibility in density