An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map.

Transcription

1 ORDINANCE NO. An ordnance amendng Secton of the Los Angeles Muncpal Code by amendng the zonng map. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Secton 1. Secton of the Los Angeles Muncpal Code s hereby amended by changng the zones and zone boundares shown upon a porton of the zone map attached thereto and made a part of Artcle 2, Chapter 1 of the Los Angeles Muncpal Code, so that such porton of the zonng map shall be as follows:

2 3 (!! RAYEN ST 8 IS 150 RD o f? I Ocn * t I f! 3S $ I r f WILLIS AVE 8 v \ Cty of Los Angeles KORTH Feet,Cr C.M. 195 B 149 APCNV ZC UMty' f g MISSION HILLS DATA SOURCES: DEPARTMENT OF CITY PLANNING & BUREAU OF ENGINEERING

3 Sec.. The Cty Clerk shall certfy to the passage of ths ordnance and have t publshed n accordance wth Councl polcy, ether n a daly newspaper crculated n the Cty of Los Angeles or by postng for ten days n three publc places n the Cty of Los Angeles: one copy on the bulletn board located at the Man Street entrance to the Los Angeles Cty Hall; one copy on the bulletn board located at the Man Street entrance to the Los Angeles Cty Hall East; and one copy on the bulletn board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certfy that ths ordnance was passed by the Councl of the Cty of Los Angeles, at ts meetng of. Holly L. Wolcott, Cty Clerk Approved By Deputy Mayor Pursuant to Secton 558 of the Cty Charter, the North Valley Area Plannng Commsson on May 19, 2016, recommended ths ordnance be adopted by the Cty Councl. / Randa M. Hanna, Commsson Executve Assstant North Valley Area Plannng Commsson Fle No.

4 Q-l (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Secton G of the Los Angeles Muncpal Code (LAMC), the followng lmtatons are hereby mposed upon the use of the subject property, subject to the Q Qualfed classfcaton. A. Development Condtons: 1. Use. The property shall comply wth the use, restrctons/lmtatons, and area provsons of the RD1.5-1 Restrcted Densty Multple Dwellng Zone, pursuant to LAMC Secton , unless modfed by heren condtons or subsequent acton. 2. Heght. The Project shall not exceed 36 feet n heght, as defned by Secton B.3 of the LAMC, and as shown on the project plans dated August 2015, and labeled Exhbt A, attached to the subject case fle. 3. Plot/Ste Plan. Pror to the ssuance of any buldng permts for the subject project, detaled development plans, ncludng ste and elevaton plans, and ncludng complete landscape and rrgaton plans prepared by a lcensed landscape archtect or archtect, shall be submtted for revew by the Department of Cty Plannng for verfcaton of complance wth the mposed condtons. The plans submtted to Buldng and Safety shall be n substantal conformance wth the plans dated August 2015, and labeled Exhbt A, attached to the subject case fle. Mnor devatons may be allowed n order to comply wth provsons of the Muncpal Code, the subject condtons, and the ntent of the subject permt authorzaton. 4. Parkng. Automoble and bcycle parkng shall be provded on-ste as requred by LAMC Sectons A.4 and A.16, respectvely, and to the satsfacton of the Department of Buldng and Safety. Addtonal parkng shall be provded on ste for ADA accessblty. 5. Buldng Facades. All facades of the buldng shall be treated wth an equal level of detal, artculaton, and archtectural rgor. a. Plans shall be modfed to reflect at least three (3) dfferent textures, colors, materals, and dstnctve archtectural treatments shall be ncorporated nto the buldng fagades to add vsual nterest. 6. Landscapng (Open Areas). All open areas not used for buldngs, drveways, parkng areas, recreatonal facltes or walks shall be attractvely landscaped, ncludng an automatc rrgaton system, and mantaned n accordance wth a landscape plan prepared by a lcensed landscape archtect or lcensed archtect, and submtted for approval to the Department of Cty Plannng. Addtonally, landscapng s requred to complement the buldng desgn and shall comply wth the Cty of Los Angeles Landscape Ordnance 170,978 and Secton of the LAMC. The applcant s requred to mplement a landscape plan that provdes 75 percent of new landscapng as natve trees, plants and shrubs. No trash or recyclng areas shall be located wthn a requred landscaped setback. The applcant shall replace all proposed plants that are on the Calforna Invasve Plant Councl Watch Lst of Invasve Plant Speces; Replace the Lantana camara, Lavandula ntermeda, Nasella tenussma, and Seneco talnodes wth natve, drought-tolerant, nonnvasve, low-water use alternatves. 7. Open Space. Open space shall be provded pursuant to LAMC Secton G and any amendment thereto.

5 Q-2 a. Any proposed Roof deck areas shall be screened from vew from abuttng propertes wth sngle-famly dwellngs Roof Structures. Any structures on the roof, such as ar condtonng unts and other equpment, shall be fully screened from vew of any abuttng propertes wth sngle-famly dwellngs. Trash/Recyclng Area. Detals shall be provded on the locaton of a common trash and recyclng area, method of enclosure, and desgn and materal of enclosure at the tme of fnal plan sgn off. The trash and recyclng areas shall be secured wth an enclosure that fully screens the vew of the trash and recyclng area from publc streets. 10. Wall. Pror to ssuance of a certfcate of occupancy, a mnmum 6-foot-hgh slumpstone or decoratve masonry wall shall be constructed adjacent to any resdental use, f no such wall already exsts, except n the requred front yard. The wall shall be covered wth clngng vnes or screened by vegetaton capable of spread over the entre wall. There shall be a landscape buffer for prvacy purposes. 11. Setbacks and Heght. The subject property s located wthn Heght Dstrct No. 1. Pursuant to LAMC Secton A, the proposed RD1.5 zone and current Heght Dstrct No. 1 permt a buldng heght of up to 45 feet wth unlmted stores. Requred setbacks for the RD1.5-1 zone, per LAMC Secton B, are 15 feet for the front, 6 feet for sde yards and 15 feet n the rear. The proposed project s three (3) stores, 36 feet n heght, wth a 15-foot front yard, sx (6)-foot sde yards, and 15-foot rear yard, and therefore comples wth the requrements of the Muncpal Code. 12. Roof-Top Equpment. Any structures on the roof, such as ar condtonng unts and other equpment, shall be fully screened from vew of any abuttng propertes wth sngle-famly dwellngs. 13. Solar Component. The project s requred to comply wth the Los Angeles Green Buldng Code and Calforna Energy/Ttle 24 standards. Such standards nclude, but are not lmted to, energy-effcent elevator, mechancal systems, glazng and wndow frames, and lghtng. These measures address energy usage and sustanablty. Any solar equpment on the roof shall screened from vew of abuttng resdental propertes. B. Envronmental Condtons (ENV MND): 11. Exploson/Release (Exstng Toxc/Hazardous Constructon Actvtes). Due to the age of the buldng(s) beng demolshed, toxc and/or hazardous constructon materals may be located n the structure(s). Exposure to such materals durng demolton or constructon actvtes could be hazardous to the health of the demolton workers, as well as area resdents, employees, and future occupants. However, these mpacts may be mtgated to a less than sgnfcant level by the followng measure: (Asbestos) Pror to the ssuance of any permt for the demolton or alteraton of the exstng structure(s), the applcant shall provde a letter to the Department of Buldng and Safety from a qualfed asbestos abatement consultant ndcatng that no Asbestos-Contanng Materals (ACM) are present n the buldng. If ACMs are found to be present, t wll need to be abated n complance wth the South Coast Ar Qualty Management Dstrct s Rule 1403 as well as all other applcable State and Federal rules and regulatons. (Lead Pant) Pror to the ssuance of any permt for the demolton or alteraton of the exstng structure(s), a leadbased pant survey shall be performed to the wrtten satsfacton of the Department of Buldng and Safety. Should lead-based pant materals be dentfed, standard handlng and dsposal practces shall be mplemented pursuant to OSHA regulatons.

6 Q Publc Servces (Fre). The followng recommendatons of the Fre Department relatve to fre safety shall be ncorporated nto the buldng plans, whch ncludes the submttal of a plot plan for approval by the Fre Department ether pror to the recordaton of a fnal map or the approval of a buldng permt. The plot plan shall nclude the followng mnmum desgn features: fre lanes, where requred, shall be a mnmum of 20 feet n wdth; all structures must be wthn 300 feet of an approved fre hydrant, and entrances to any dwellng unt or guest room shall not be more than 150 feet n dstance n horzontal travel from the edge of the roadway of an mproved street or approved fre lane. 13. Utltes (Sold Waste Recyclng). Envronmental mpacts may result from project mplementaton due to the creaton of addtonal sold waste. However, ths potental mpact wll be mtgated to a less than sgnfcant level by the followng measures: (Operatonal) Recyclng bns shall be provded at approprate locatons to promote recyclng of paper, metal, glass, and other recyclable materal. These bns shall be empted and recycled accordngly as part of the project s regular sold waste dsposal program. (Constructon/Demolton) Pror to the ssuance of any demolton or constructon permt, the applcant shall provde a copy of the recept or contract from a waste dsposal company provdng servces to the project, specfyng recycles waste servce(s), to the satsfacton of the Department of Buldng and Safety. The demolton and constructon contractors) shall only contract for waste dsposal servces wth a company that recycles demolton and/or constructon-related wastes. (Constructon/Demolton) To facltate onste separaton and recyclng of demolton-and constructon-related wastes, the contractor(s) shall provde temporary waste separaton bns on-ste durng demolton and constructon. These bns shall be empted and the contents recycled accordngly as a part of the project s regular sold waste dsposal program. 14. Publc Servces (Constructon Actvty Near Schools). a. The developer shall nstall approprate traffc sgns around the ste to ensure pedestran and vehcle safety. b. The developer and contractors shall mantan ongong contact wth the admnstrator of Alta Calforna Elementary School. The admnstratve offces shall be contacted when demolton, gradng and constructon actvty begns on the project ste so that students and ther parents wll know when such actvtes are to occur. The developer shall obtan school walk and bus routes to the schools from ether the admnstrators or from the LAUSD's Transportaton Branch (323) and guarantee that safe and convenent pedestran and bus routes to the school be mantaned. C. Admnstratve Condtons: 21. Approval, Verfcaton and Submttals. Copes of any approvals, guarantees or verfcaton of consultatons, revew or approval, plans, etc., as may be requred by the subject condtons, shall be provded to the Department of Cty Plannng for placement n the subject fle. 22. Code Complance. The area, heght and use regulatons of the (T)(Q)RD1.5-1 zone classfcaton of the subject property shall be compled wth, except where condtons heren are more restrctve. 23. Covenant. Pror to the ssuance of any permts relatve to ths matter, an agreement concernng all the nformaton contaned n these condtons shall be recorded n the County Recorder s Offce. The agreement shall run wth the land and shall be bndng on any subsequent property owners, hers or assgn. The agreement must be submtted to the Department of Cty Plannng for approval before beng recorded. After recordaton, a

7 Q-4 copy bearng the Recorder s number and date shall be provded to the Department of Cty Plannng for attachment to the fle. 24. Defnton. Any agences, publc offcals or legslaton referenced n these condtons shall mean those agences, publc offcals, legslaton or ther successors, desgnees or amendment to any legslaton. 25. Enforcement Complance wth these condtons and the ntent of these condtons shall be to the satsfacton of the Department of Cty Plannng and any desgnated agency, or the agency s successor and n accordance wth any stated laws or regulatons, or any amendments thereto. 26. Buldng Plans. Page 1 of the grant and all the condtons of approval shall be prnted on the buldng plans submtted to the Department of Cty Plannng and Department of Buldng and Safety. 27. Project Plan Modfcatons. Any correctons and/or modfcatons to the Project plans made subsequent to ths grant that are deemed necessary by the Department of Buldng and Safety, Housng Department, or other Agency for Code complance, and whch nvolve a change n ste plan, floor area, parkng, buldng heght, yards or setbacks, buldng separatons, or lot coverage, shall requre a referral of the revsed plans back to the Department of Cty Plannng for addtonal revew and fnal sgn-off pror to the ssuance of any buldng permt n connecton wth sad plans. Ths process may requre addtonal revew and/or acton by the approprate decson-makng authorty, ncludng the Drector of Plannng, Cty Plannng Commsson, Area Plannng Commsson, or Board. 28. Mtgaton Montorng. Pursuant to Calforna State Publc Resources Code Secton and the Calforna Envronmental Qualty Act, the applcant and any future owners, successors, hers or assgns shall provde the Plannng Department wth status reports for assessng and ensurng the effcacy of the mtgaton measures (envronmental condtons) requred heren. a. Wthn 30 days of the effectve date of ths land use enttlement and pror to any Plannng Department clearance of the condtons of approval contaned heren, the applcant shall fle a Mtgaton Montorng and Reportng Program (MMRP) n a manner satsfactory to the Plannng Department whch defnes specfc reportng and/or montorng requrements to be enforced durng Project mplementaton. Each envronmental condton shall be dentfed as to the responsble mtgaton montors), the applcable enforcement agency, the applcable montorng agency and applcable phase of Project mplementaton as follows:. Pre-constructon (pror to ssuance of a buldng permt);. Constructon (pror to certfcate of occupancy); and. Post-constructon / mantenance (post-ssuance of certfcate of occupancy). In some cases, a specfc mtgaton measure may requre complance montorng durng more than one phase of Project mplementaton. Such measures shall be noted wthn the dscusson of the specfc mtgaton measure n the MMRP. b. The applcant shall demonstrate complance wth each mtgaton measure n a wrtten report submtted to the Plannng Department and the applcable enforcement agency pror to ssuance of a buldng permt or certfcate of occupancy, and, as applcable,

8 Q-5 provde perodc status reports to the Plannng Department regardng complance wth post-constructon / mantenance condtons. c. If the envronmental condtons nclude post-constructon / mantenance mtgaton measures, the applcant and all future owners, successors, hers or assgns shall be oblgated to dsclose these ongong mtgaton montorng requrements to future buyers of the subject property. d. The applcant and any future owners, successors, hers or assgns shall remburse the Plannng Department for ts actual costs, reasonably and necessarly ncurred, necessary to accomplsh the requred revew of perodc status reports. 29. Indemnfcaton and Rembursement of Ltgaton Costs. Applcant shall do all of the followng: Defend, ndemnfy and hold harmless the Cty from any and all actons aganst the Cty, n whole or n part, relatng to or arsng out of the Cty s processng and approval of ths enttlement, ncludng but not lmted to. an acton to attack, challenge, set asde, vod, or otherwse modfy or annul the approval of the enttlement, the envronmental revew of the enttlement, or the approval of subsequent permt decsons, or to clam personal property damage, ncludng from nverse condemnaton or any other consttutonal clam.. Remburse the Cty for any and all costs ncurred n defense of an acton related to or arsng out of the Cty s processng and approval of the enttlement, ncludng but not lmted to payment of all court costs and attorney s fees, costs of any judgments or awards aganst the Cty (ncludng an award of attorney s fees), damages, and/or settlement costs. n. Submt an ntal depost for the Cty s ltgaton costs to the Cty wthn 10 days notce of the Cty tenderng defense to the Applcant and requestng a depost. The ntal depost shall be n an amount set by the Cty Attorney s Offce, n ts sole dscreton, based on the nature and scope of acton, but n no event shall the ntal depost be less than $25,000. The Cty s falure to notce or collect the depost does not releve the Applcant from responsblty to remburse the Cty pursuant to the requrement n paragraph (). IV. Submt supplemental deposts upon notce by the Cty. Supplemental deposts may be requred n an ncreased amount from the ntal depost f found necessary by the Cty to protect the Cty s nterests. The Cty s falure to notce or collect the depost does not releve the Applcant from responsblty to remburse the Cty pursuant to the requrement n paragraph (). v. If the Cty determnes t necessary to protect the Cty s nterest, execute an ndemnty and rembursement agreement wth the Cty under terms consstent wth the requrements of ths condton. The Cty shall notfy the applcant wthn a reasonable perod of tme of ts recept of any acton and the Cty shall cooperate n the defense. If the Cty fals to notfy the applcant of any clam, acton, or proceedng n a reasonable tme, or f the Cty fals to reasonably cooperate n the defense, the applcant shall not thereafter be responsble to defend, ndemnfy or hold harmless the Cty. The Cty shall have the sole rght to choose ts counsel, ncludng the Cty Attorney s offce or outsde counsel. At ts sole dscreton, the Cty may partcpate at ts own expense n the defense of any acton, but such partcpaton shall not releve the applcant of any oblgaton mposed by ths condton. In the event the Applcant fals to comply wth ths condton, n whole or n part, the Cty may wthdraw ts defense of the acton, vod ts approval of the enttlement, or take any other acton. The Cty retans the rght to make all

9 Q-6 decsons wth respect to ts representatons n any legal proceedng, ncludng ts nherent rght to abandon or settle ltgaton. For purposes of ths condton, the followng defntons apply: Cty shall be defned to nclude the Cty, ts agents, offcers, boards, commssons, commttees, employees, and volunteers. Acton shall be defned to nclude suts, proceedngs (ncludng those held under alternatve dspute resoluton procedures), clams, or lawsuts. Actons ncludes actons, as defned heren, allegng falure to comply wth any federal, state or local law. Nothng n the defntons ncluded n ths paragraph are ntended to lmt the rghts of the Cty or the oblgatons of the Applcant otherwse created by ths condton.