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 Angles Muncpal Code s hereby amended by changng the zone classfcatons of propertes shown upon a porton of the Zonng Map ncorporated theren and made a part of Artcle 2, Chapter 1 of the LAMC, so that such porton of the Zonng Map shall conform to the zonng on the map attached hereto and ncorporated heren by ths reference.

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3 CONDITIONS FOR EFFECTUATING [T] TENTATIVE CLASSIFICATION REMOVAL Pursuant to Secton G of the Muncpal Code, the (T) Tentatve Classfcaton shall be removed by the recordaton of a fnal parcel or tract map or by postng of guarantees through the B-permt process of the Cty Engneer to secure the followng wthout expense to the Cty of Los Angeles, wth copes of any approval or guarantees provded to the Department of Cty Plannng for attachment to the subject plannng case fle. Dedcaton(s) and Improvement(s). Pror to the ssuance of any buldng permts, the followng publc mprovements and dedcatons for streets and other rghts of way adjonng the subject property shall be guaranteed to the satsfacton of the Bureau of Engneerng, Department of Transportaton, Fre Department (and other responsble Cty, regonal and federal government agences, as may be necessary): Responsbltes/Guarantees. 1. As part of early consultaton, plan revew, and/or project permt revew, the applcant/developer shall contact the responsble agences to ensure that any necessary dedcatons and mprovements are specfcally acknowledged by the applcant/developer. 2. Bureau of Engneerng. Pror to ssuance of sgn offs for fnal ste plan approval and/or project permts by the Department of Cty Plannng, the applcant/developer shall provde wrtten verfcaton to the Department of Cty Plannng from the responsble agency acknowledgng the agency's consultaton wth the applcant/developer. The requred dedcatons and mprovements may necesstate redesgn of the project. Any changes to project desgn requred by a publc agency shall be documented n wrtng and submtted for revew by the Department of Cty Plannng. a. Dedcaton Requred -. Santa Fe Avenue: That a 28-foot and varable wdth strp of land be dedcated along Santa Fe Avenue adjonng porton of the tract to complete a 43-foot wde half rght-ofway n accordance wth Avenue II of LA Moblty Plan Standards.. That f necessary a 10-foot by 10-foot or a 15-foot radus property lne be dedcated at the ntersecton of 4th Place and Mateo Street adjonng the tract. b. Improvements Requred -. Santa Fe Avenue - Improve porton of the Santa Fe Avenue beng dedcated and adjonng the subdvson by the constructon of the followng: 1. A Concrete curb, a concrete gutter, and a 15-foot full-wdth concrete sdewalk wth tree wells. 2. Sutable surfacng to jon the exstng pavement and to complete 28-foot half roadway. 3. Any necessary removal and reconstructon of exstng mprovements. 4. The necessary transtons to jon the exstng mprovement. 3. Bureau of Street Lghtng

4 CPC GPA-VZC-HD-ZAD-SPR T-2. Construct new lghts: four (4) on Santa Fe Ave. and three (3) on Mateo St. If street wdenng per BOE mprovement condtons, relocated and upgrade street lghts; fve (5) on 4,h PI. 4. Plant street trees and remove any exstng trees wthn dedcated streets or proposed dedcated streets as requred by the Urban Forestry Dvson of the Bureau of Street Servces. All street tree plantngs shall be brought up to current standards. When the Cty has prevously been pad for tree plantngs, the sub dvder or contractor shall notfy the Urban Forestry Dvson ( ) upon completon of constructon to expedte tree plantng.

5 CPC GPA-VZC-HD-ZAD-SPR Q-3 [Q] QUALIFIED CONDITIONS OF APPROVAL Pursuant to Secton G of the Muncpal Code, the followng lmtatons are hereby mposed upon the use of the subject property, subject to the Q Qualfed classfcaton. A. Development Condtons: 1. Ste Development. The use and development of the property shall be n substantal conformance wth the Ste Plans, Floor Plans, Buldng Elevatons, Landscape Plan (Exhbt A, stamp dated June 4, 2018) of the subject case fle, and the requred desgn changes dentfed below. No change to the plans wll be made wthout pror revew by the Department of Cty Plannng, and wrtten approval by the Drector of Plannng. Each change shall be dentfed and justfed n wrtng. Mnor devatons may be allowed n order to comply wth the provsons of the Muncpal Code or the project condtons. Roof Desgn. Project plans shall be revsed to elmnate the flat roof desgn and replace t wth a vared or sculptural roof desgn. 2. Development Servces Center. Pror to sgn-off on buldng permts by the Department of Cty Plannng s Development Servces Center for the project, the Department of Cty Plannng s Major Projects Secton shall confrm, va sgnature, that the project s buldng plans substantally conform to the conceptual plans stamped as Exhbt A, as approved by the Cty Plannng Commsson. Note to Development Servces Center: The plans presented to, and approved by, the Cty Plannng Commsson (CPC) ncluded specfc archtectural detals that were sgnfcant to the approval of the project. Plans submtted at plan check for condton clearance shall nclude a sgnature and date from Major Projects Secton plannng staff to ensure plans are consstent wth those presented at CPC. 3. Affordable Housng. A mnmum of 6% of the total dwellng unts, shall be reserved as Moderate Income unts, as defned by Secton of the Health and Safety Code, wth the choce of unts to be desgnated at applcant's dscreton, and an allocaton of ground floor accessble square footage equal to the mnmum of 5% of the commercal floor area to be reserved as affordable work space for artsts or other users as approved by the Cty of Los Angeles at 50% of the market rate for a perod of 20 years. The project shall be lmted to a maxmum of 475 resdental unts. Pror to ssuance of a buldng permt, the owner shall execute a covenant to the satsfacton of the Los Angeles Housng and Communty Investment Department (HCIDLA) to make 6% of total unts bult avalable as Moderate Income Unts for sale or rental as defned n Secton of the Health and Safety Code for a perod of 55 years. Enforcement of the terms of sad covenant shall be the responsblty of HCIDLA. The applcant wll present a copy of the recorded covenant to the Department of Cty Plannng for ncluson n ths fle. The project shall comply wth the Gudelnes for the Affordable Housng Incentves Program adopted by the Cty Plannng Commsson and wth any montorng requrements establshed by the HCIDLA. 4. Lve/Work Housng. The lve/work unts wll be desgned to comply wth Secton 419 of the Los Angeles Buldng Code. The unts are desgned to be larger than average wth taller floor to celng heghts to accommodate arts and producton uses and a mnmum

6 CPC GPA-VZC-HD-ZAD-SPR Q square-foot desgnated work area n each unt. All resdental unts shall have a mnmum clearance of 10 feet from floor to celng. 5. Publc Paseo. The paseo shall run east and west from Mateo Avenue through to Santa Fe Avenue as a desgn feature of the pedestran walkway to the greatest extent possble as shown on Exhbt A. The paseo shall not be gated durng busness hours, but may be secured for safety reasons durng non-busness hours and shall contan permeable materals where feasble. To the extent feasble, the paseo (located to the south of the proposed structure) shall ncorporate steel ral wthn the walkng surface to reflect the past use of the paseo space as a ral spur lne. The ral, to the extent feasble, shall reflect the locaton and confguraton of the orgnal spur lne. The fnal plan for the use of the ral shall be revewed and approved by the Drector or hs desgnee. Where feasble, permeable ground surface materals shall be used wthn the Paseo area. 6. Greywater. The project shall be constructed wth an operable recycled water ppe system for onste greywater use, to be served from onste non-potable water sources such as showers, washbasns, or laundry and to be used as untreated subsurface rrgaton for vegetaton or for coolng equpment. The system specfcs shall be requred as determned feasble by DWP n consultaton wth DCP. 7. Sgnage. There shall be no off-ste commercal sgnage on constructon fencng durng constructon. 8. Bllboards. There shall be no Bllboards on the project ste, any exstng Bllboards shall be removed. 9. Creatve Offce. The project shall provde a range of creatve offce spaces, ncludng smaller spaces desgned to accommodate small busnesses and confgurable floor plates to accommodate a range of productve uses. 10. Bcycle Parkng. Bcycle Parkng shall be provded for the project pursuant to LAMC A Solar. The project shall provde a mnmum of 2,000 square feet of solar panels to be nstalled on the buldng as a part of an operatonal photovoltac system to be mantaned for the lfe of the project and shall comply wth the Los Angeles Green Buldng Code, Secton , to the satsfacton of the Department of Buldng and Safety. 12. The Applcant shall mplement an affrmatve marketng plan for Artsts and local busnesses that wll nclude the desgnaton of an dentfed outreach coordnator whose prmary functon wll be to coordnate wth one or more local nonproft organzaton(s) for the purposes of establshng and mantanng the affrmatve marketng program as part of the leasng operatons for the project. The plan shall be submtted to the cty for approval pror to the start of leasng. 13. The Applcant shall provde 2.25 mllon dollars to the Councl Dstrct 14 Publc Beneft Trust Fund Affordable Housng Subaccount for future affordable housng wthn Councl Dstrct 14, a mnmum of 500 thousand dollars of whch shall be pad wthn sxty (60) days of the later of () the expraton of the applcable statute of lmtatons to challenge the project, ncludng the enttlements and the project EIR or () f a judcal challenge has been fled, such judcal challenge has been fnally resolved n a manner acceptable to both Cty and developer n ther reasonable

7 CPC GP A-VZC-H D-ZAD-S PR Q-5 dscreton. The remanng one-mllon seven hundred ffty thousand dollars ($1,750,000) shall be pad pror to the ssuance of a buldng permt. B. Envronmental Condtons. 14. Mtgaton Montorng Program. The project shall be n substantal conformance wth the mtgaton measures n the attached MMP and stamped Exhbt B and attached to the subject case fle. The mplementng and enforcng agences may determne substantal conformance wth mtgaton measures n the MMP. If substantal conformance results n effectvely deletng or modfyng the mtgaton measure, the Drector of Plannng shall provde a wrtten justfcaton supported by substantal evdence as to why the mtgaton measure, n whole or n part, s no longer needed and ts effectve deleton or modfcaton wll not result n a new sgnfcant mpact or a more severe mpact to a prevously dentfed sgnfcant mpact. If the Project s not n substantal conformance to the adopted mtgaton measures or MMP, a modfcaton or deleton shall be treated as a new dscretonary acton under CEQA Gudelnes, Secton 15162(c) and wll requre preparaton of an addendum or subsequent CEQA clearance. Under ths process, the modfcaton or deleton of a mtgaton measure shall not requre a Tract Map Modfcaton unless the Drector of Plannng also fnds that the change to the mtgaton measures results n a substantal change to the Project or the non-envronmental condtons of approval. 15. Mtgaton Montor (Constructon). Durng the constructon phase and pror to the ssuance of buldng permts, the Applcant shall retan an ndependent Constructon Montor (ether va the Cty or through a thrd-party consultant, the electon of whch s n the sole dscreton of the Applcant), approved by the Cty of Los Angeles Department of Cty Plannng whch approval shall not be reasonably wthheld, who shall be responsble for montorng mplementaton of project desgn features and mtgaton measures durng constructon actvtes consstent wth the montorng phase and frequency set forth n ths MMP. The Constructon Montor shall also prepare documentaton of the Applcant s complance wth the project desgn features and mtgaton measures durng constructon every 90 days n a form satsfactory to the Department of Cty Plannng. The documentaton must be sgned by the Applcant and Constructon Montor and be ncluded as part of the Applcant s Complance Report. The Constructon Montor shall be oblgated to report to the Enforcement Agency any non-complance wth mtgaton measures and project desgn features wthn two busnesses days f the Applcant does not correct the non-complance wthn a reasonable tme of wrtten notfcaton to the Applcant by the montor or f the non-complance s repeated. Such non-complance shall be approprately addressed by the Enforcement Agency. C. Admnstratve Condtons: 16. 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 Plannng Department for placement n the subject fle.

8 CPC GPA-VZC-HD-ZAD-SPR Q Code Complance. Area, heght and use regulatons of the zone classfcaton of the subject property shall be compled wth, except where heren condtons are more restrctve. 18. 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 Plannng Department for approval before beng recorded. After recordaton, a copy bearng the Recorder s number and date shall be provded to the Plannng Department for attachment to the fle. 19. 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. 20. Enforcement. Complance wth these condtons and the ntent of these condtons shall be to the satsfacton of the Plannng Department and any desgnated agency, or the agency s successor and n accordance wth any stated laws or regulatons, or any amendments thereto. 21. Buldng Plans. Page 1 of the grants and all the condtons of approval shall be prnted on the buldng plans submtted to the Cty Plannng Department and the Department of Buldng and Safety. 22. 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. 23. Indemnfcaton and Rembursement of Ltgaton Costs. The Applcant shall do all of the followng: () Defend, ndemnfy and hold harmless the Cty from any and all actons aganst the Cty relatng to or arsng out of, n whole or n part, 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, n whole or n part, 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.

9 CPC GPA-VZC-HD-ZAD-SPR Q-7 () (v) (v) 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 $50,000. 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 (). 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 (). 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 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.

10 D LIMITATIONS Pursuant to Secton G of the Muncpal Code, the followng lmtatons are hereby mposed upon the use of the subject property, subject to the D lmtaton. A. Development Lmtatons: 1. Floor Area Rato. Floor area over the entre ste, as dentfed n the Ordnance Map, shall not exceed sx tmes the buldable area of the ste (6:1), not to exceed a total of 584,760 square-feet of floor area. 2. Buldng Heght. Buldng heght shall be lmted to a maxmum heght of 370 feet for the lve-work tower and 92 feet for the westerly porton of the ste contanng the offce tower consstent wth Exhbt A.

11 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. Pursuant to Secton 559 of the Cty Charter, I DISAPPROVE ths ordnance on behalf of the Cty Plannng Commsson and recommend that t NOT BE ADOPTED. B Date Incent P/ Berton, AldP ' Drector of Plannng m - 5 w A Fle No. CITY CLERK MAYOR Ordnance Passed 10/31/ /06/2018 Approved Ordnance Effectve Date: 11/17/2018 Councl Fle No.: S1

12 DECLARATION OF POSTING ORDINANCE I, Ottava Smth state as follows: I am, and was at all tmes herenafter mentoned, a resdent of the State of Calforna, over the age of eghteen years, and a Deputy Cty Clerk of the Cty of Los Angeles, Calforna. Ordnance No a copy of whch s hereto attached, was fnally adopted by the Los Angeles Cty Councl on 10/31/2018, and under the drecton of sad Cty Councl and the Cty Clerk, pursuant to Secton 251 of the Charter of the Cty of Los Angeles and Ordnance No , I conspcuously posted a true copy of sad ordnance at each of the three publc places located n the Cty of Los Angeles, Calforna, as follows: 1) one copy on the bulletn board located at the Man Street entrance to the Los Angeles Cty Hall; 2) one copy on the bulletn board located at the Man Street entrance to the Los Angeles Cty Hall East; 3) one copy on the bulletn board located at the Temple Street entrance to the Los Angeles County Hall of Records begnnng on 11/07/2018 and wll be contnuously posted for ten or more days. I declare under penalty of perjury that the foregong s true and correct. Deputy Clerk Date: 11/07/2018 Ordnance Effectve Date: 11/17/2018 Councl Fle No.: S1