RECOMMENDATION REPORT

DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT City Planning Commission Date: April 9, 2009 Time: After 8:30 AM Place: City Hall 200 North Spring Street, Room 1010, 10th Fl Los Angeles, CA 90012 Public Hearing: February 4, 2009 Appeal Status: General Plan Amendment, Zone Change/Height District Change appealable by applicant to City Council if disapproved in whole or in part. Conditional Use, Zone Variance and Site Plan Review appealable to City Council. (per L.A.M.C. Section 12.36 C). Expiration Date: April 23, 2009 Case No.: CPC-2008-2363-GPA-ZC- HD-CU-CUB-ZV-SPR CEQA No.: ENV-2008-2363-MND Incidental Cases: VTT-70522-CN Related Cases: None Council No.: 9 Plan Area: Central City Specific Plan: None Certified NC: Downtown Los Angeles GPLU: Community Commercial Zone: C2-2D-O Applicant: Representative: CA Human Technologies, LLC Veronica Becerra, Rabuild Commercial PROJECT LOCATION: PROPOSED PROJECT: 1340-1360 South Figueroa Street and 1355-1365 South Flower Street The removal of a surface parking lot on the Figueroa Street Lot (Lot 1), zoned C2-2D-O, and the development of a new 586-foot tall, 43-story mixed use building comprised of a 35-story tower over an 8-level podium and two subterranean levels, for 273 residential units, 8,496 square feet of restaurant use, and a 9,566 square foot spa, with 379 total parking spaces on a 1.32 net acre site in the proposed C2-2-O zone. The project will also renovate the existing surface parking lot on the 0.53 gross acre Flower Street Lot (Lot 2), zoned C2-2D-O. REQUEST: 1. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment to change the land use designation from Community Commercial to Regional Commercial; 2. Pursuant to Section 12.32 of the Municipal Code, a Zone/Height District Change from C2-2D-O to C2-2- O on Lot 1 and Lot 2. Removing the D Limitation will permit a floor area ratio (FAR) of 6:1 in lieu of the 3:1 currently permitted; 3. Pursuant to Section 12.24.W.1 of the Municipal Code, a Conditional Use to allow alcohol sales in the two proposed restaurants on the ground floor, and to allow consumption of alcohol in the proposed health spa when purchased through either of the two restaurants; 4. Pursuant to Section 12.24.W.19 of the Municipal Code, a Conditional Use to allow Floor Area Ratio averaging in unified developments to allow the use of the total net lot area equal to 57,463 square feet, using the total lot area of the Figueroa Street Lot (Lot 1) of 39,469 square feet and the total lot area of the Flower Street Lot (Lot 2) of 17,944 square feet; 5. Pursuant to Section 12.27 of the Municipal Code, a Zone Variance to permit a total of 201 accessible parking spaces for the 273 residential units in lieu of the 342 spaces required; 6. Pursuant to Section 16.05 of the Municipal Code, Site Plan Review findings for a development of over 50 dwelling units; and

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR Page 2 7. Pursuant to Article 6 of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines, adopt ENV-2008-2257-MND and accompanying mitigation measures and Mitigation and Reporting Monitoring Program as the environmental clearance for the proposed project. RECOMMENDATION: 1. Approve and a General Plan Amendment to change the land use designation from Community Commercial to Regional Commercial. 2. Approve a Zone/Height District Change from C2-2D-O to C2-2-O on Lot 1 and Lot 2. The removal of the D limitation will permit a floor area ratio of 6:1 in lieu of the 3:1 currently permitted. 3. Approve a Conditional Use to allow alcohol sales in the two proposed restaurants on the ground floor, and to allow consumption of alcohol in the proposed health spa when purchased through either of the two restaurants. 4 Approve a Conditional Use to allow Floor Area Ratio averaging in unified developments to allow the use of the total net lot area equal to 57,463 square feet, using the total lot area of the Figueroa Street Lot (Lot 1) of 39,469 square feet and the total lot area of the Flower Street Lot (Lot 2) of 17,944 square feet. 5. Approve a Zone Variance to permit a total of 201 accessible parking spaces for the 273 residential units in lieu of the 342 spaces required. 6. Approve Site Plan Review findings for a development of over 50 dwelling units. 7. Adopt Mitigated Negative Declaration, ENV-2008-2257-MND and accompanying mitigation measures and Mitigation and Reporting Monitoring Program as the environmental clearance for the proposed project. 8. Recommend that the applicant be advised that time limits for effectuation of a zone in the T Tentative classification or Q Qualified classification are specified in Section 12.32.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. 9. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption may be required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing. S. GAIL GOLDBERG, AICP Director of Planning Henry Chu, Hearing Officer (213) 473-9919 Jim Tokunaga, Senior City Planner Attachments Project Analysis Conditions Findings Public Hearing and Communications Exhibits (incl. Environmental Clearance) 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 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent to the Commissioners 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 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, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213) 978-1300.

TABLE OF CONTENTS Project Analysis...A-1 Project Summary Background Reports Received Walkability Issues Conclusion (T) Tentative Classification Conditions...T-1 (Q) Qualified Conditions of Approval... Q-1 Other Conditions of Approval...C-1 Findings...F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications...P-1 Exhibits: Maps...E-1 Vicinity Map Radius Map Proposed Zone Change General Plan Amendment Map Plans...E-2 Site Plan Floor Plan Elevation Plan Landscape Plan Environmental Clearance...E-3 Reports Received...E-4 Communication to City Planning Commission...E-5

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-1 Project Summary PROJECT ANALYSIS The proposed project involves the removal of two existing parking lots and the development of a new 586-foot tall, 43-story mixed use building comprised of a 35-story tower over an 8-level podium and two subterranean levels on Lot 1 (Figueroa Street Lot) and the re-construction of Lot 2 (Flower Street Lot). The project will provide a total of 273 residential units, 8,946 square feet of restaurant use, and a 9,566 square-foot spa. The re-constructed parking lot would be used as public parking to be operated by a private parking company and would not be used as part of the required parking spaces for the proposed uses within the mixed use building. The project proposes to remove both parking lots to construct one mixed use building on Lot 1 and re-construct the surface parking on Lot 2. The building on Lot 1 will include landscaping and other amenities on the ninth floor and on the rooftop. The existing surface parking lot located on the Flower Street Lot (Lot 2) would be removed and/or repaved and improved with a new surface parking lot with landscaped areas. This lot would be designed to complement the Figueroa Street Lot (Lot 1). The Flower Street Lot would be accessible via an ingress/egress driveway from Lebanon Street and an ingress/egress driveway from Flower Street. Currently, the Flower Street Lot contains approximately 58 parking spaces. The project would reduce the amount to 36 spaces. The lot will be operated by a private parking company and would not be used for the uses proposed on the Figueroa Street Lot. The project proposes several sustainable elements into the design, and will seek LEED certification. The project will be sustainable through sustainable site, water efficiency, energy and atmosphere, materials and resources, and indoor environmental quality; The mixed use building will total 344,775 square feet of buildable area and be developed on a 57,463 net area site for a floor area ratio of 6:1. Table 1 summarizes the square footage of the project and site. TABLE 1 Floor Area Ratio Project Floor Area 344,775 sq ft. Residential 320,627 sq ft Commercial 20,224 sq ft Amenities 3,924 sq ft Total Project Area 1 57,463 sq ft Lot 1 Gross Area 52,083 Lot 1 Net Area 1 39,469 Lot 2 Gross Area 23,046 Lot 2 Net Area 1 17,994 Floor Area Ratio 6:1 1. After dedication and ½ width of the alley The project proposes R5 density and will be in conformance with LAMC Section 12.22-A,18(a) since the project site is located within the Central City Community Plan area. The project mix will include 54 studio units, 135 one-bedroom units, 57 two-bedroom units, 23 three-bedroom units, and four penthouse units. Table 1 summarizes the bedroom mix and size for the project s residential component, and the square footage of each lot.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-2 Table 1 Residential Mix Unit Type Number of Units Unit Size (Square Feet) Studio 54 572-715 1-Bedroom 135 794-1,237 2-Bedroom 57 1,101-1,472 3-Bedroom 23 1,396-2,080 Penthouse 4 N/A Total 273 - The project will provide open space in the forms of both common and private space. The project includes 20,654 square feet of common open space, which includes a podium outdoor area located at the ninth floor (14,244 square feet), amenities (3,924 square feet), and a roof garden (2,486 square feet). The project will provide a total of 10,150 square feet in private open space The project will provide a total of 379 parking spaces. Of this total, 289 spaces will be set aside for residents, 69 for guests, and 21 for the commercial uses. The project will deviate from the Advisory Agency s Parking Policy for residential condominiums. The project will include a request for a zone variance from LAMC Section 12.21.1-A,1 to allow for 201 accessible parking spaces for the residential units. Under the Central City Parking District, developments with more than six dwelling units of more than three habitable rooms require 1.25 parking spaces per unit of more than three habitable rooms (LAMC Section 12.21-A,4(p)(1)). Under the Downtown Parking District, commercial development in buildings larger than 7,500 square feet require a minimum one parking space per 1,000 square feet of commercial floor area. Table 3 presents the parking components of the proposed project. The project will provide a parking ratio of 1.3:1 for 273 residential condominium units, provide 21 guest parking spaces or one-quarter space for each unit, and 21 parking spaces for the 18,062 square feet of commercial floor area (restaurants and spa use). Vehicular access for the Figueroa Street Lot would be via two driveways along Figueroa Street and three driveways along Lebanon Street. There would be two curb cuts along Figueroa Street. The northern Figueroa Street driveway would be restricted to right-turn-in only for the entrance of residents and commercial/residential guests of the project. The existing surface parking lot located on the Flower Street Lot (Lot 2) would be removed and/or repaved and improved with a new surface parking lot with landscaped areas. This lot would be designed to complement the Figueroa Street Lot (Lot 1). The Flower Street Lot would be accessible via an ingress/egress driveway from Lebanon Street and an ingress/egress driveway from Flower Street. Currently, the Flower Street Lot contains approximately 58 parking spaces. The project would reduce the amount to 36 spaces. The lot will be operated by a private parking company and would not be used for the uses proposed for Lot 1. There would be valet drop-off for guests and residents at the northern entrance to the project, as well as access to the parking structure from this Figueroa Street driveway. The southern access point would serve as egress from the project to Figueroa Street and include a valet pickup point. There would also be access from Lebanon Street, the alley that is the eastern edge of the project site to the parking structure, which would remain open at all times. There would be two ingress/egress access points for both the commercial and residential parking that allow access to the parking structures only. In addition, there would be a service entrance in the central portion of the site along Lebanon Street. This would provide access to the loading docks for truck deliveries.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-3 Table 3 Project Parking Project Component Proposed Parking Residential 289 Guests 69 Commercial 21 Total Parking 379 The project will seek certification in Leadership in Energy and Environmental Design (LEED). More specifically, the applicant has stated the project will seek a minimum silver certification, and will strive for gold, and will seek LEED points with regards to sustainable site, water efficiency, energy and atmosphere, indoor environmental quality, and materials and resources. The project will be a certifiable LEED project but the level is yet to be determined. Background The subject site is relatively flat and comprised of seven parcels presently utilized as surface parking lots. Five parcels of the Figueroa Lots are located along Figueroa Street, and total 39,468 net square feet. The remaining two parcels of the Flower Lot are located along Flower Street, and total 17,994 net square feet. Both lots are relatively flat and separated by Lebanon Street. Lot 1 and Lot 2 are zoned C2-2D-O and within the Central City Community Plan and designated as Community Commercial with corresponding zones of CR, C2, C4, RAS3, and RAS4. The project site is also located within the Los Angeles State Enterprise Zone, Greater Downtown Housing Incentive Area, Central Business District Redevelopment Project Area, City Center Redevelopment Project Area, the South Park Business Improvement District, the Staples Streetscape Program, and both the Central City Parking District and the Downtown Parking District. Adjacent uses are multi-family dwellings and surface parking to the north in the C2-2D-O zone, a surface parking lot and warehouse to the south in the C2-2D-O zone, light industrial and an auto repair shop to the east across Flower Street in the [Q]R5-4D-O zone, and the Los Angeles Convention Center to the west in the PF-4D-O zone. Figueroa Street is a Major Highway dedicated to a width of 99 feet. Flower Street is a Secondary Highway dedicated to a width of 90 feet. Lebanon Street is a Local Street dedicated to a width of 20 feet. (See Exhibit E-1 Radius Map). On-site relevant cases include the following: VTT-70522. Vesting Tentative Tract Map No. 70522 to permit a two-lot subdivision for 273 residential condominium units and three commercial condominiums comprised of 18,062 square feet for restaurant and spa use with 379 parking spaces including 69 for guests in the proposed (T)(Q)C2-2-O zone. Also requested was a deviation from the Advisory Agency Parking Policy of 2.25 parking spaces for each residential condominium, and requested the frontage for Lot No. 1 along Figueroa Street be designated as the front yard. The tract map was approved by the Advisory Agency on February 6, 2009. The appeal period ended February 17, 2009. No appeals filed. Off-site relevant cases include the following: CPC-2008-2648-CPU. This is a case for the Central City Community Plan Update. This will be processed by the Community Planning Bureau.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-4 Walkability Ordinance 164307-SA3415. This ordinance imposed D Limitations and [Q] conditions within subarea 3415. The site is limited to a floor area ratio of 3 to 1. This ordinance became effective on January 30, 1989. CPC-2005-361-CA. Code Amendment to update residential standards and incentivize housing in the Central City Area. CPC-2005-1124-CA. To require projects in the Central City Community Plan to comply with design and streetscape guidelines CPC-2005-1122-CA. Incentives for the production of affordable and workforce housing in the Central City Plan Area CPC-1986-606-GPC. Adopted November 12, 1988. General Plan/Zone consistency in the Central City Community Plan area. Communitywide zone changes and community plan changes to bring the zoning into consistency with the Community Plan, including changes of height. ORD-164307-SA3415. Ordinance 164,307 became effective on January 30, 1989 and imposed D and [Q] conditions on the subject site. Site falls in sub-area 3415, which limits FAR to 3 to 1. The project incorporates walkable elements and promotes smooth transitions to the neighboring uses. This is essential since the site is located along the Figueroa Corridor and across the street from the Los Angeles Convention Center, The Staples Center, LA Live, retail stores, mixed use developments and high density residential developments. Furthermore, transit opportunities exist for many residents near the project site. These opportunities include the near several transit lines, including the Blue Line Metro Rail, several major MTA bus Lines, the F Dash Line, and the Orange County and the Santa Monica Blue bus lines. The project will utilize Figueroa Street as residents will reach several destination points in Downtown including cultural and entertainment centers, along with jobs and shopping. The project itself will introduce walkable elements within the proposed design and improvements along Figueroa Street and Flower Street. Such walkable elements include sidewalks, building orientation and frontage, on-site landscaping, off-street parking and driveways, building signage and landscaping, sidewalks, and landscape furniture to complement the subject development with the pedestrian nature of the area and taking into account recent developments in the area. Building Orientation. The building is oriented towards Figueroa Street. This will allow for pedestrian activity to extend from LA Live, Staples Center and the Convention Center, and would activate the east side of the street. Entrances for each use would be at grade level to easily access the building. These entrances are oriented towards Figueroa Street and are approximately 15 to 30 feet away from the sidewalks. The site will allow for easy access for pedestrians. Furthermore, each commercial use will have at least one entrance from the public right of way with doors unlocked during regular business hours. Residents will enter through a separate entrance point. The main pedestrian entrance would meet the Americans with Disabilities Act (ADA) requirements.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-5 Building Frontage. The building will provide a variety of features which include different textures, colors and materials. The building façade would be visually distinctive through the use of surface reliefs and architectural extensions. The upper floors would be differentiated from the ground floor by include variations in the building plane, and would incorporate multiple surface reliefs and architectural extensions in the building facades to eliminate any blank walls. The ground floor level will include overhead architectural features such as awnings, canopies, trellises and cornice treatment, while plantings, trees, decorative walkways, paving, and gathering areas will be included at ground level. The building will be setback 15 to 30 feet from the right of way to be consistent with the neighboring development. On-Site Landscaping. The project proposes landscaping along the perimeter of the site. In addition, the podium and roof top would include landscaping and a garden. A variety of trees and shrubs will be used. Landscape of the site has been intended to allow for pedestrian movement and visual access, and to help maintain a street wall effect. Off Street Parking and Driveways. The proposed parking facility would be physically integrated within the interior of the project site, and with the exception of vehicular access points, would not be visible form the adjacent public rights-of-way. Primary vehicular access to the site would occur via two driveways along Figueroa Street and three driveways on Lebanon Street (alley). These driveways would meet all applicable design and engineering standards set forth by the City. The project would also include clearly marked entrances. Building Signage and Lighting. The project would include ground level and way-finding pedestrian signage. The project would signage that is appropriately-scaled to contribute to the character and architecture of the proposed building on-site. Project signage would be architecturally-integrated into the design of the building to be consistent with the pedestrian nature of the area. Sidewalks. Sidewalks will allow for pedestrians to access one end of the site to the other without having to walk the entire perimeter of the site. The passageway would be designed to maintain pedestrian visibility for safety and include pedestrian level security lighting. Also, landscaping and other decorative features would be included to encourage pedestrian activity. Landscape Furniture Zones. The project will incorporate landscape furniture along the perimeter of the site. Such include street trees, stone seats, and lighting. Street trees along Figueroa Street would be large enough to provide shade and would be planted close to one another, while maintaining views of the architectural features of the ground floor to maintain visual distinction between the ground and upper floors. Landscape furniture would be well lit from lighting on the building façade. Alley Connection between Lot 1 and Lot 2. The project will include alley paving and will not merge any portion of the alley to connect the lots. The two lots will be visually connected, and the applicant will work closely with the Bureau of Engineering with regards to colors, materials and access to keep the two lots visually unified.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-6 Downtown Design Guidelines The Downtown Design Guidelines supplements the Municipal Code provision, and is intended to provide guidance for creating a livable Downtown. It includes both standards and guidelines to encourage more sustainable development, and focus on relationships of buildings and street, including sidewalk treatment, character of the building as it adjoins the sidewalk, and connections to transit. The Design Guidelines discuss different design elements such as sustainable design, sidewalks and setbacks, ground floor treatment, parking and access, massing and street wall, on-site open space, architectural detail, streetscape improvements, signage and public art. The project has been reviewed by Downtown Street Standards Committee, which includes representatives from the Community Redevelopment Agency, the Community Planning Bureau, Department of Transportation, and the Department of Public Works. A representative of the Downtown Street Standards Committee stated the project conforms with the Downtown Street Standards and with other applicable design elements of these Guidelines. Since the project sets the building back to provide a plaza along Figueroa Street, the project creates a wide walkable pathway along Figueroa Street. This creates consistency with the Street Standards Guideline and will be compatible with both existing and future development. Furthermore, the connections between Lots 1 and 2 were identified as having unifying elements. The representative stated pavings weren t necessary as long as there were amenities close by and that there is a clear line of sight using the same materials. Figueroa Corridor Economic Development Strategy The Figueroa Corridor Economic Development Strategy (Corridor Strategy) was created to define a means to improve the Figueroa Street Corridor economically and physically, and to reinforce its regional importance. The Community Redevelopment Agency approved the Corridor Strategy in March 1998. Objectives for the Corridor include the following: Capture the strengths of the corridor s resources and raise the awareness of the corridor as a vital regional destination for business, education, culture and entertainment; Create catalytic places and economic incentives that will stimulate development; Reposition Figueroa Street in the transportation network of Los Angeles by rebalancing the street to integrate pedestrian and transportation amenities with vehicular needs appropriate for a major civic boulevard. Reinforce the overall identity of the corridor and the unique character of individual district. The project site is located within the Downtown Events Center District, one of six districts established by the Corridor Strategy. Strategic projects within this district are those that focus on hotels and event- and entertainment-related uses, which are programmed to capture a greater share of expenditures from the corridor s existing employee, student and visitor base, and to capture greater share of expenditures from the regional entertainment market by broadening the area s appeal. The Corridor Strategy emphasizes the importance of improving the walking experience within the Downtown Events Center District by implementing various strategic projects that establish linkages with the Metro Blue Line Pico Station and other transit facilities within the Figueroa Corridor.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-7 While the project would not include a hotel or event- and entertainment-related uses, the proposed restaurant and spa uses would complement the nearby entertainment uses by appealing to both residents in the area as well as visitors to the area thereby capturing a share of expenditures from the corridor s existing employee, student, and visitor base. The restaurant and spa use would extend pedestrian activity on the east side of Figueroa Street by providing viable options to dine or relax at the spa. The project s pedestrian environment along Figueroa Street would enhance the desired pedestrian linkages consistent with the objective to improve the walking experience within the Downtown Events Center District. The iconic design of the building would also enhance the unique character of Downtown Events Center District. Overall, implementation of the project would result in less than significant impacts regarding consistency with the Corridor Strategy. South Park Development Strategies and Design Guidelines. Prepared by the South Park Task Force and the South Park Stakeholders Ground, with support from the CRA, these Guidelines establish a basis for economic, physical, and social development and revitalization for the South Park Area. These Guidelines provide guidance for development in the South Park area by encouraging the creation of a pedestrian-oriented, live/work community where people live in proximity to their place of work. Strategies for the future development of the South Park Area build upon existing centers of activity and identify linkages by creating prominent streetscape segments that are targeted for improvement. The Guidelines identify specific gateway areas and five key development proposals within the South Park area. The project site is not located within any of the identified gateways or key development proposal areas. However, the Guidelines do include specific Design Guidelines that are applicable to the South Park areas as a whole. Such design guidelines address public art and special features, façade articulation and building corners, public space and pedestrian circulation, sidewalks, security and defensible design, functional and decorative lighting, signage, and parking structures and vehicular access to building parking. The project has been designed to link the ground floor with Figueroa Street by outdoor seating for the two restaurants, outdoor seating for pedestrians and residents, water features and landscaping. Landscaping would be provided along the east and west sides of the ground level. Decorative paving would be provided to enhance the pedestrian environment. The ground level would feature a variety of planting and trees, including street trees. In addition, signage, lighting and security features would be provided per the recommendations in the Design Guidelines and per LAMC requirements. The project would be consistent with the applicable Design Guidelines by enhancing the pedestrian environment with the various streetscape features described above and by adding a mix of commercial and residential uses that would add to the establishment of a round-the-clock Downtown. General Plan Amendment. The applicant is requesting a General Plan Amendment to change the land use designation from Community Commercial to Regional Commercial. The Applicant submitted a General Plan Amendment map which proposes to re-designate the block bounded by Pico Boulevard to the north, Venice Boulevard to the south, Figueroa Street to the west and Flower Street to the east from Community Commercial to Regional Commercial. The land use designations of both Community Commercial and Regional Commercial would include the C2 zone as a corresponding zone. The C2 zone permits residential and commercial uses as the project proposes. A copy of the requested General Plan Amendment is included as an attachment, labeled Exhibit E-1.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-8 Floor Area Ratio. To allow the proposed 6:1 floor, in addition to the proposed General Plan Amendment, the project is requesting a discretionary approval to change the Height District from 2D to Height District 2 to permit an FAR of 6:1. After the required dedications, including one-half the width of the alley, the net lot area is approximately 57,463 square feet. Thus, the project has proposed a 344,775 square foot mixed-use development. Also, a Conditional Use is required to allow floor area ratio averaging in unified developments to allow the use of the total net lot area equal to 57,463 square feet, using the total lot area of the Figueroa Street Lot of 39,469 square feet and the total lot area of the Flower Street Lot of 17,944 square feet. The project would create a unified development of the two lots through continuous design elements and landscaping. Presently, both parcels are underutilized, serving as surface parking. Individually, when the allowable FAR on the Flower Street Lot is transferred, the project would comply with the 6:1 FAR limitation. The proposed increase in FAR will be consistent with the site s Downtown Center designation in the Framework Element which permits a 6:1 FAR. The project is located in the South Park Planning area, which has been targeted for high-density residential and retail/commercial development because of its proximity to major transportation lines, the Commercial Core and jobs. The site is also walking distance to jobs, entertainment, transit and retail. The project would also link the Figueroa corridor between downtown and USC by continuing the critical mass needed for this corridor. With the site being adjacent to the LASED, the project would be compatible for high-density development built with an FAR of 6:1. In addition, market forces and the development are quite different from the time the D limitation was established per Ordinance 164,307 effective January 30, 1989. The Ordinance was adopted prior to the Staples Center, LA Live, and all of the high-density, mixed-use developments approved and constructed in the South Park area. The project would provide housing at a density level similar to adjacent developments. Since the proposed parcels are one-half block south of projects with a 6:1 FAR, the requested General Plan Amendment, Height District Change and Conditional Use for Floor Area Ratio averaging actions would keep with existing and future development. Conclusion Based on the information submitted, the public hearing, and the proposed project s compliance with the Central City Community Plan and the City Center Redevelopment Plan, support from Council Office 9, the Central City Association, and the Downtown Los Angeles Neighborhood Council, the Department of City Planning is recommending that the City Planning Commission: Approve 1) a General Plan Amendment to change the land use designation from Community Commercial to Regional Center Commercial, 2) a zone change and height district change from C2-2D-O to (T)(Q)C2-2-O, removing the D Limitation to allow a Floor Area Ratio of 6:1, 3) Conditional Uses to allow on-site sales of alcohol within two restaurants and on-site consumption at each restaurant and at the spa when purchased through one of the restaurants, 4) a zone variance to allow only 201 accessible parking spaces in lieu of the 342 spaces for residential units, and 5) site plan review for a development with over 50 dwelling units. The requested entitlements would allow for a project that would redevelop and intensify the site by providing new housing in Downtown. The project will create a high-quality residential development that offers housing to South Park neighborhood, promotes safety by creating a sense of presence by promoting pedestrian activity and locating residential units on the site. The project better utilizes the site by improving the land use and character of the existing neighborhood. The project introduces a high-density development of 273 residential units and

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR A-9 18,062 square feet of restaurant and spa use. The project will help bring a critical mass to Downtown to help create and support an active, around-the-clock use in Downtown, and will build upon the momentum of recent developments such as LA Live and recent high density housing within the South Park neighborhood. Walkable areas of Downtown will be extended to the east side of Figueroa Street across the Convention Center by incorporating wide walking areas and a plaza along and facing Figueroa Street as well as pedestrian linkages through the site and to the Flower Street Lot. Walkable elements of the project on Figueroa Street will be extended through street furniture, design, walkways, and wide sidewalks, and being in compliance with the Central City Community Plan and the Downtown Design and Standards Guidelines The site is located near several transit lines, including the Blue Line rail, several major MTA bus Lines, the F Dash Line, and the Orange County and the Santa Monica Blue bus lines. Also, the site s proximity to Downtown will bring residents closer to jobs to alleviate traffic congestion. By creating additional housing units, the project and its location will not only bring residents closer to their jobs, but it will also help reduce congestion, vehicle dependency, and commute times for residents. The project would accommodate the growing population of the surrounding area and balance the jobs-to-housing ratio. The project would include varying unit sizes from studios to three-bedroom units that would accommodate various household sizes of the Central City community as well as provide different choices in housing needs. Several amenities, such as landscaping, open areas, water features, rooftop and podium level landscaping, will be included as part of the project. The project s open areas include green spaces, street trees, and areas, all of which that allow for walking, meeting, and sitting. The design of the project is distinct and brings an iconic high-rise building to the South Park neighborhood. The angles, variations, size, and form of the building bring will bring the area and region a symbol of pride and identity, while creating a modern, efficient, and balanced urban environment that complements surrounding uses.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR T-1 CONDITIONS FOR EFFECTUATING TENTATIVE (T) CLASSIFICATION REMOVAL Pursuant to Los Angeles Municipal Code Section 12.32 G, the (T) Tentative Classification shall be removed by the recordation of a final tract map or by posting guarantees satisfactory to 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 Planning Department for attachment to the subject City Plan Case. 1. Dedications and Improvements. Prior to the issuance of any building permit, public improvements and dedications for streets and other rights of way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional and federal government agencies, as may be necessary), the following: A. Responsibilities/Guarantees. 1. As part of early consultation, plan review, and/or project permit review, the applicant/ developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer. 2. Prior to 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. B. Street Dedications 1) That a 2.5-foot wide strip of land be dedicated along Figueroa Street adjoining the subdivision to complete a 52-foot wide half right-of-way dedication in accordance with Major Highway Standards. 2) That Board of Public Works approval be obtained, prior to the recordation of the final map, the removal of any tree in the existing or proposed rightof-way area associated with improvement requirements outlined herein. The Bureau of Street Services, Urban Forestry Division, is the lead agency for obtaining Board of Public Works approval for removal of such trees. 3) That the subdivider make a request to the Central District Office of the Bureau of Engineering to determine the capacity of the existing sewer in the area. 4) That any fee deficit under Work Order No. EXT00354 expediting this project be paid.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR T-2 C. Street Improvements 1) Improve Figueroa Street being dedicated and adjoining the subdivision by the construction of the following: (a) (b) A concrete curb, a concrete gutter, and a 12-foot full-width concrete sidewalk with tree wells. Suitable surfacing to join the existing pavement and to complete a 40-foot half roadway. (c) Any necessary removal and reconstruction of existing improvements. (d) The necessary transitions to join the existing improvement. 2. Street Lighting. 2) Construct the necessary off-site mainline sewers. A. Construct four (4) new pedestrian lights on Figueroa Street. B. Construct two (2) new pedestrian lights on Flower Street. C. If street widening per BOE improvement conditions, relocate and upgrade two (2) street lights on Figueroa Street and one (1) on Flower Street. 3. Street Trees. Construction of tree wells and planting of street trees and parkway landscaping to the satisfaction of the Street Tree Division of the Bureau of Street Maintenance. 4. Sewers. Construct sewers to the satisfaction of the City Engineer. 5. Drainage. Construct drainage facilities to the satisfaction of the City Engineer. 6. Parking and Driveway Plan. Prior to the issuance of a building permit, the applicant shall submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation (Citywide Planning Coordination Section) for approval. Emergency vehicular access shall be subject to the approval of the Fire Department and other responsible agencies. 7. Recreation and Parks Dedication/Fee. Per Section 12.33 of the Municipal Code, the applicant shall dedicate land for park or recreational purposes or pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings. 8. Schools. The applicant shall make payment to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area. 9. Cable Television. The applicant shall make necessary arrangements with the appropriate cable television franchise holder to assure that cable television facilities will be installed in City rights-of-way in the same manner as is required of other facilities, pursuant to Municipal Code Section 17.05.N, to the satisfaction of the Information Technology Agency.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR T-3 10. Police. The building plans shall incorporate design guidelines relative to security, semipublic 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 and building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. 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, Phone: 213-485- 3134). These measures shall be approved by the Police Department prior to the issuance of building permits. 11. Fire Department. The requirements of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: a. Submit plot plans for Fire Department review and approval prior to recordation of Tract Map Action. (MM) b. No building or portion of a building shall be constructed more than 300 feet from an approved fire hydrant. Distance shall be computed along path of travel. Exception: Dwelling unit travel distance shall be computed to front door of the unit. c. Any required fire hydrants to be installed shall be fully operation and accepted by the Fire Department prior to any building construction. d. No framing shall be allowed until the roadway is installed to the satisfaction of the Fire Department. e. Building designs for multi residential buildings shall incorporate at least one access stairwell off the mail lobby of the building, but in not case greater than 150-feet horizontal travel distance from the edge of the public street, private street or Fire Lane. f. Entrance to the main lobby shall be located off the address side of the building. g. Any required Fire Annunciator panel or Fire Control Room shall be located within 50-feet visual line of sight of the main entrance stairwell or to the satisfaction of the Fire Department. 12. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded by the property owner in the County Recorder s Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. Further, the agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder s number and date must be given to the City Planning Department for attachment tot e subject file. Notice: Certificates of Occupancies for the subject properties will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.), as required herein, are completed to the satisfaction of the City Engineer.

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section 12.32.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 of the subject property shall be limited to those uses permitted in the C4 Zone as defined in Section 12.16.A of the L.A.M.C. 2. Site Plan. Prior to the issuance of any permits for the subject project, detailed development plans, including a complete landscape and irrigation plan shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plan shall be in substantial conformance with the plot plan labeled as Exhibit E-2 stamped and dated March 23, 2009, attached to the subject case file. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization. 3. Height. No building or structure located on the subject property shall exceed a height of 586 feet and in substantial conformance with the elevation plan labeled as Exhibit E-2 stamped and dated March 23, 2009, pursuant to Section 12.21.1 of the Municipal Code. 4. Floor Area. The total floor area of non-residential uses on the subject property shall not exceed 344,775 square feet, as defined by Section 12.03 of the Municipal Code. 5. Density. Not more than 273 dwelling units may be constructed on the subject site. 6. Parking. All project related parking shall be provided in compliance with Section 12.21.A.4 of the Municipal Code and the following: a. Provide a minimum 1.25 parking spaces for each residential unit on site. b. Provide a minimum 1 parking space for each 1,000 square feet of commercial floor area. c. All guest spaces shall be readily accessible, conveniently located, specifically reserved for guest parking, posted and maintained satisfactory to the Department of Building and Safety. d. If guest parking spaces are gated, a voice response system shall be installed at the gate. Directions to guest parking spaces shall be clearly posted. Tandem parking spaces shall not be used for guest parking. e. In addition, prior to issuance of a building permit, a parking plan showing offstreet parking spaces, as required by the Advisory Agency, shall be submitted for review and approval by the Department of City Planning (200 No. Spring Street, Room 750).

CPC-2008-2363-GPA-ZC-HD-CU-CUB-ZV-SPR Q-2 B. Other Conditions 7. Construction Related Parking. No employees or subcontractor shall be allowed to park on surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of heavy construction vehicles along Hollywood Boulevard before 9:00 AM or after 4:00 PM, Monday through Friday. All construction vehicles shall be stored on site unless returned to their owner s base of operations. 8. 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 9:00 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. 9. Loading. Loading and unloading activities shall not interfere with traffic on any public street. Public sidewalks, alleys and/or other public ways shall not be used for the parking or loading or unloading of vehicles. The location of loading areas shall be clearly identified on the site plan to the satisfaction of the Department of City Planning. 10. Maintenance. The subject property including associated parking facilities, sidewalks, outdoor pool areas, and landscaped planters adjacent to the exterior walls along the property lines shall be maintained in an attractive condition and shall be kept free of trash and debris. Trash receptacles shall be located throughout the site. 11. Dust Walls. Temporary dust walls (e.g., Visqueen plastic screening or other suitable product) not less than 8 feet in height shall be installed and maintained along the property line between the site and adjoining residential lots as necessary to preclude dust dispersion from the project site to adjacent homes. 12. Community Relations. A 24-hour hot-line phone number for the receipt of construction-related complaints from the community shall be provided to immediate neighbors and the local neighborhood association, if any. The applicant shall be required to respond within 24-houts of any complain received on this hotline. 13. 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. C. Environmental Conditions 14. Aesthetics (Landscaping, Light, and Glare) a. Open areas not used for buildings, driveways, parking areas, recreational facilities or walkways 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.