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 zone 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: 1

2 ! ' \ ' ; J ' I!! > :! ; 12TH PL l I l f WESTERN AVE CDO 240 f 150 (T)(Q)R4-2D ^ 140 o o (T)(Q)RAS4-1 f" * PICO BLVD : I ( \ ;! I : S : f * : j!? \ \ ; Cty of Los Angeles ( \ / r jr J Feet CPC ZC-HD Wllstlre Data Sources: Department of Cty Plannng & Bureau of Engneerng

3 Case No. CPC ZC-HD Q-1 (Q) QUALIFIED CONDITIONS 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. Enttlement Condtons Ste Development. The use and development of the property shall be n substantal conformance wth the plans submtted wth the applcaton and marked Exhbt A, stampdated May 26, 2017, except as may be revsed as a result of ths acton. Floor Area Rato (FAR). The porton of the project frontng Pco Boulevard wthn the (T)(Q)RAS4-1 Zone shall not exceed a FAR of 3 to 1, as shown on Exhbt A, stamp-dated May 26, The porton of the project frontng 12th Place wthn the (T)(Q)R4-2D Zone shall not exceed a FAR of 3 to 1, as shown on Exhbt A", stamp-dated May 26, Heght. The porton of the project frontng Pco Boulevard wthn the (T)(Q)RAS4-1 Zone shall not exceed a heght of 78 feet above grade level, excludng roof structures and equpment, as defned by LAMC Secton The porton of the project frontng 12th Place wthn the (T)(Q)R4-2D Zone shall not exceed a heght of 45 feet, excludng roof structures and equpment, as defned by LAMC Secton Electrc Vehcle Parkng. Of the total parkng provded, fve percent of spaces shall be dedcated for electrc vehcles and provde chargng statons. In addton, twenty percent of spaces shall be pre-wred for the future nstallaton of electrc chargng statons. When the applcaton of the fve or twenty percent results n a fractonal space, round up to the next whole number. Solar Ready Buldngs. The project shall comply wth the Los Angeles Muncpal Green Buldng Code, Secton , to the satsfacton of the Department of Buldng and Safety. b. A mnmum of 1,358 square feet of the roof area, as shown on Exhbt A, shall be reserved for the nstallaton of solar panels. The solar panels shall be nstalled pror to the ssuance of a certfcate of occupancy Constructon. The project contractor shall use power constructon equpment wth state-ofthe-art nose sheldng and mufflng devces. On-ste power generators shall ether be plugn electrc or solar powered. Mechancal Equpment. All mechancal equpment shall be fully screened from vew of any abuttng propertes and the publc rght-of-way. Trash/Storage. All trash collectng and storage areas shall be located on-ste and not vsble from the publc rght-of-way. Trash receptacles shall be enclosed and/or covered at all tmes. b. Trash/recyclng contaners shall be locked when not n use. 9. Entrances.

4 Case No. CPC ZC-HD Q-2 All ground floor commercal uses shall mantan a hgh degree of transparency and maxmze a vsual connecton to the street by provdng clear and unobstructed wndows, free of reflectve glass coatngs, exteror mounted gates, or securty grlls. b. All pedestran entres shall be unobstructed from vew from the publc rght-of-way. Entrances and entry approaches shall accommodate persons of all moblty levels to the satsfacton of the Los Angeles Department of Buldng and Safety. d. Resdental entrances shall ncorporate transtons such as canopes, landscapng, or pavng from the sdewalk to the front door. Envronmental Condtons 10. Nose. b. Restrct constructon and demolton to between the hours of 7:00 AM and 6:00 PM Monday through Frday, and 8:00 AM and 6:00 PM on Saturday. Schedule constructon actvtes to avod operatng several peces of equpment smultaneously, to the extent feasble. Use sound blankets on nose-generatng equpment. d. Sheld statonary constructon equpment that generates nose levels above 65 dba at the project boundares wth barrers that meet a sound transmsson class (a ratng of how well nose barrers attenuate sound) of 25. e. Operate all desel equpment wth closed engne doors and equp all desel equpment wth factor-recommended mufflers. f. For statonary equpment, the applcant shall desgnate equpment areas wth approprate acoustc sheldng on buldng and gradng plans. Equpment and sheldng shall be nstalled pror to constructon and reman n the desgnated locaton throughout constructon actvtes. 9- Electrcal power shall be used to power ar compressors and smlar power tools. h. Requre the use of temporary sound attenuatng barrers along the project ste boundary between actve constructon actvty and nose-senstve (resdental) land uses. Temporary sound attenuatng barrers must be hgh enough and long enough to break the lne-of-sght between the nose source and the recever, and must be contnuous wth no gaps or holes between panels or the ground. Temporary sound barrers can nclude nose curtans, sound blankets, or sold temporary barrers. 11. Publc Servces - Schools. LAUSD s Transportaton Branch must be contacted at (213) regardng the potental effect upon exstng school bus routes. The Project Manager or desgnee wll have to notfy the LAUSD Transportaton Branch of the expected start and endng dates for varous portons of the proposed project that may affect traffc wthn nearby school areas. School buses must have unrestrcted access to schools.

5 Case No. CPC ZC-HD Q-3 b. d. e. Durng the constructon phase, truck traffc and constructon vehcles may not cause traffc delays for LAUSD transported students. Durng and after constructon changed traffc patterns, lane adjustment, traffc lght patterns, and altered bus stops may not affect school buses on-tme performance and passenger safety. Constructon trucks and other vehcles are requred to stop when encounterng school buses usng red-flashng-lghts must-stop-ndcators per the Calforna Vehcle Code. Contractors must nstall and mantan approprate traffc controls (sgns and sgnals) to ensure vehcular safety. f. Contractors must mantan ongong communcaton wth LAUSD school admnstrators, provdng suffcent notce to forewarn chldren and parents when exstng vehcle routes to school may be mpacted. 9- Parents droppng off ther chldren must have access to the passenger loadng areas. 12. Safety Hazards. The developer shall nstall approprate traffc sgns around the ste to ensure pedestran, bcycle, and vehcle safety. b. The applcant shall submt a parkng and drveway plan that ncorporates the desgn features that reduce accdents, to the Bureau of Engneerng and the Department of Transportaton for approval. 13. Pedestran Safety. Contractors must mantan ongong communcaton wth LAUSD school admnstrators, provdng suffcent notce to forewarn chldren and parents when exstng pedestran routes to school may be mpacted. b. Contractors must mantan safe and convenent pedestran routes to all nearby schools. The Dstrct wll provde School Pedestran Route Maps upon the applcant s request. Contractors must nstall and mantan approprate traffc controls (sgns and sgnals) to ensure pedestran and vehcular safety. d. Haul routes are not to pass by any school, except when school s not n sesson. e. No stagng or parkng of constructon-related vehcles, ncludng worker-transport vehcles, wll occur on or adjacent to a school property. f. Fundng for crossng guards at the contractor s expense s requred when safety of chldren may be compromsed by constructon-related actvtes at mpacted school crossngs. 9- Barrers and/or fencng must be nstalled to secure constructon equpment and to mnmze trespassng, vandalsm, short-cut attractons, and attractve nusances.

6 Case No. CPC ZC-HD Q-4 h. Contractors are requred to provde securty patrols (at ther expense) to mnmze trespassng, vandalsm, and short-cut attractons. 14. Trbal Cultural Resources. Durng the course of any ground dsturbance actvtes, the applcant, or ther agent, shall retan a professonal Natve Amercan montor(s). Ground dsturbance actvtes shall nclude the followng: excavatng, dggng, trenchng, plowng, drllng, tunnelng, quarryng, gradng, levelng, removng peat, clearng, poundng posts, augerng, backfllng, blastng, strppng topsol or a smlar actvty. Montorng of the project ste durng ground dsturbance actvtes shall comply wth the followng: b. The applcant, or ther agent, shall obtan a professonal Natve Amercan montor, or montors, by contactng the Gabreleno Band of Msson Indans - Kzh Naton. Pror to the ssuance of a gradng permt, evdence shall be provded to the Department of Cty Plannng that montor(s) have been obtaned; A montor shall be secured for each gradng unt. In the event that there are smultaneous gradng unts operatng at the same tme, there shall be one montor per gradng unt; d. In the event that subsurface archaeologcal resources, human remans, or other trbal cultural resources are encountered durng the course of ground dsturbance actvtes, all such actvtes shall temporarly cease on the project ste untl the archaeologcal or other trbal cultural resources are assessed and subsequent recommendatons are determned by a qualfed archaeologst. In the event that human remans are dscovered, there shall be no dsposton of such human remans, other than n accordance wth the procedures and requrements set forth n Calforna Health and Safety Code Secton and Publc Resources Code Secton , ncludng the requred notfcaton to the County Coroner and the Natve Amercan Hertage Commsson; e. In the event that subsurface resources are encountered durng the course of ground dsturbance actvtes, the qualfed archaeologst on ste shall specfy a radus around where resources were encountered to protect such resources untl the procedures and requrements set forth n Calforna Health and Safety Code Secton and Publc Resources Code Secton have been fulflled. Project actvtes may contnue outsde of the desgnated radus are f. Copes of any subsequent prehstorc archaeologcal study, trbal cultural resources study or report, detalng the nature of any sgnfcant trbal cultural resources, remedal actons taken, and dsposton of any sgnfcant trbal cultural resources shall be submtted to the South Central Coastal Informaton Center (SCCIC). Admnstratve Condtons 15. Approvals, Verfcaton and Submttals. Copes of any approvals, guarantees or verfcaton of consultatons, revews or approval, plans, et, as may be requred by the subject condtons, shall be provded to the Department of Cty Plannng for placement n the subject fle.

7 Case No. CPC ZC-HD Q Code Complance. All area, heght and use regulatons of the zone classfcaton of the subject property shall be compled wth, except wheren these condtons explctly allow otherwse. Defnton. Any agences, publc offcals or legslaton referenced n these condtons shall mean those agences, publc offces, legslaton or ther successors, desgnees or amendment to any legslaton. 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. Buldng Plans. A copy of the frst page of ths grant and all Condtons and/or any subsequent appeal of ths grant and ts resultant Condtons and/or letters of clarfcaton shall be prnted on the buldng plans submtted to the Development Servces Center and the Department of Buldng and Safety for purposes of havng a buldng permt ssued. 20. Correctve Condtons. The authorzed use shall be conducted at all tmes wth due regard for the character of the surroundng dstrct, and the rght s reserved to the Cty Plannng Commsson, or the Drector pursuant to Secton of the Muncpal Code, to mpose addtonal correctve condtons, f, n the Commsson s or Drector s opnon, such condtons are proven necessary for the protecton of persons n the neghborhood or occupants of adjacent property Expedted Processng Secton. Pror to the clearance of any condtons, the applcant shall show proof that all fees have been pad to the Department of Cty Plannng, Expedted Processng Secton. 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 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. b. 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. 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

8 Case No. CPC ZC-HD Q-6 the Applcant from responsblty to remburse the Cty pursuant to the requrement n paragraph (). d. e. 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 nclude 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.

9 Case No. CPC ZC-HD D-1 t D DEVELOPMENT 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 Development Lmtatons Floor Area Rato (FAR). The porton of the project frontng 12th Place wthn the (T)(Q)R4-2D Zone shall not exceed a FAR of 3 to 1, as shown on Exhbt A, stamp-dated May 26, Heght. The porton of the project frontng 12th Place wthn the (T)(Q)R4-2D Zone shall not exceed a heght of 45 feet, excludng roof structures and equpment, as defned by LAMC Secton

10 Secton 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 the foregong ordnance was passed at the Councl of the Cty of Los Angeles, by a majorty vote of all ts members, at the meetng of OCT Q Holly L. Wolcott, Cty Clerk By Deputy Approved OCT Mayor Pursuant to Secton 558 of the Cty Charter, the Cty Plannng Commsson on June 22, 2017 recommends ths ordnance be adopted by the Cty Councl. / James W. Wllams, Commsson Executve Assstant II Cty Plannng Commsson Fle No. n-qra

11 DECLARATION OF POSTING ORDINANCE I, JUAN VERANO, 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, Calforn Ordnance No Zone Change and Heght Dstrct Change for the property located at 3063 West Pco Boulevard, /2 West Pco Boulevard West 12th Place - CPC ZC-HD - a copy of whch s hereto attached, was fnally adopted by the Los Angeles Cty Councl on October 3, 2017, and under the drecton of sad Cty Councl and the Cty Clerk, pursuant to Secton 2 51 of the Charter of the Cty of Los Angeles and Ordnance No , on October I 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. Copes of sad ordnance were posted conspcuously begnnng on October 6, 2017 and wll be contnuously posted for ten or more days. I declare under penalty of perjury that the foregong s true and correct. Sgned ths 6th day of October 2017 at Los Angel* Calforn Juan V^era;no\ Deppty Cty Clerk Ordnance Effectve Date: November 15, 2017 Councl Fle No