DEPARTMENT OF CITY PLANNING · 2010. 12. 6. · Case No. CPC-2008-3087-ZC-HD-ZAA-SPR A-2 The...

DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT

City Planning Commission Case No.: CPC-2008-3087-ZC-HD-

ZAA-SPR CEQA No.: ENV-2008-5750-EIR Incidental Cases: VTT-70119-CN-1A Related Cases: CPC-2007-5866-SN Council No.: 13 – Garcetti Plan Area: Hollywood Specific Plan: n/a Certified NC: Hollywood Studio District GPLU: Regional Center

Commercial Zone: C4-2D-SN & C4-2D

Proposed: [T][Q]C4-2D-SN and [T][Q]C4-2D

Applicant: 6104 Hollywood, LLC Representative: Jessica Pakdaman

Date: December 9, 2010 Time: 8:30 AM* Place: Los Angeles City Hall

200 N. Spring Street, Room 1010 Los Angeles, CA 90012

Public Hearing: August 25, 2010 Appeal Status: Zone Change/Height District

Change appealable by applicant to City Council if disapproved in whole or in part. Other entitlements appealable to City Council by any party (pursuant to LAMC Section 12.36, Multiple Entitlements).

Expiration Date: December 9, 2010 - by extension

PROJECT LOCATION:

6100-16 Hollywood Boulevard and 1645-49 N. Gower Street

PROPOSED PROJECT:

New construction of a 20-story, 270 feet in height mixed-use development with 176 residential condominiums and 7,200 square feet of ground floor retail uses with 345 parking spaces.

REQUESTED ACTION:

1. Pursuant to LAMC Section 12.32-F, a Zone and Height District Change from C4-2D-SN and C4-2D to [T][Q]C4-2D-SN and [T][Q]C4-2D, respectively, with a new “D” Development Limitation to allow a maximum floor area ratio of 4.5:1; and

2. Pursuant to LAMC Section 12.28, a Zoning Administrator’s Adjustment from Section 12.16-C,2 to permit a zero-foot westerly side yard (including the side yards located at the southwest corner of the site) in lieu of the required 16 feet and a 10-foot rear yard in lieu of the required 20 feet for the parking structure for residential use in the C4 Zone; and

3. Pursuant to LAMC Section 16.05, a Site Plan Review for a project that results in a net increase of 50 or more dwelling units; and

4. Pursuant to Section 21082.1(c) of the California Public Resources Code, the certification of the Environmental Impact Report, findings, and Statement of Overriding Considerations for ENV-2008-5750-EIR.

RECOMMENDED ACTIONS: 1. Approve and Recommend that the City Council adopt a Zone and Height District Change from C4-2D-

SN and C4-2D to [T][Q]C4-2D-SN and [T][Q]C4-2D, respectively, with a new “D” Development Limitation to allow a maximum floor area ratio of 4.5:1, and subject to the attached “T”, “Q” and “D” Conditions of Approval .

2. Approve a Zoning Administrator’s Adjustment from Section 12.16-C,2 to permit a zero-foot westerly side

yard (including the side yards located at the southwest corner of the site) in lieu of the required 16 feet

Case No. CPC-2008-3087-ZC-HD-ZAA-SPR

and a 10-foot rear yard in lieu of the required 20 feet for the parking structure for residential use in the C4 Zone.

3. Approve a Site Plan Review for a project that results in a net increase of 50 or more dwelling units. 4. Adopt the attached Findings. 5. Adopt and certify the Environmental Impact Report and Statement of Overriding Considerations for

ENV-2008-5750-EIR. 6. Recommend that the applicant be advised that time limits for effectuation of a zone in the “Q” Qualified

Classification and “T” Tentative 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.

7. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City

shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

8. Advise the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee is

now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing.

MICHAEL J. LOGRANDE Director of Planning Jae Kim, City Planner/Hearing Officer Jim Tokunaga, Senior City Planner Telephone: (213) 978-1383 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 532, 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 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 these 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) 978-1247.

TABLE OF CONTENTS

Project Analysis ........................................................................................................ A-1 Project Summary Background Issues Conclusion [T] Conditions ............................................................................................................. T-1 [Q] Qualified Conditions of Approval ...................................................................... Q-1 “D” Development Limitations .................................................................................. D-1 Findings ...................................................................................................................... F-1

General Plan Land Use Designation General Plan Text Transportation Element Zone and Height District Change Findings Zoning Administrator Adjustment Findings Site Plan Review Findings Environmental Findings

Public Hearing and Communications ....................................................................... P-1 Exhibits: A – Maps A1 – Vicinity Map A2 – Radius Map A3 – Plan Map / Footnotes A4 – Photos B – Plans Site Plan Elevation Plan Landscape Plan C – Zone Change Maps D – Environmental Clearance (EIR in CD) E – Others (i.e., agency reports, correspondences)

Case No. CPC-2008-3087-ZC-HD-ZAA-SPR A-1

PROJECT ANALYSIS Project Summary The proposed project includes the construction of a 20-story, 270 feet in height mixed-use development with 176 residential condominiums and 7,200 square feet of ground floor retail uses with 345 parking spaces. In order to implement the project, the Applicant is requesting a Zone and Height District Change from C4-2D-SN and C4-2D to [T][Q]C4-2D-SN and [T][Q]C4-2D, respectively, with a new “D” Development Limitation to allow a maximum floor area ratio of 4.5:1. The Applicant is also seeking a vesting tentative tract map, as an incidental case, to permit a subdivision for 176 residential condominiums and 3 commercial condominiums for the proposed project. Background The subject site is located at the southwestern intersection of Hollywood Boulevard and Gower Street. The project site is a irregular-shaped lot consisting of 43,890 net square feet (1.01 net acres) along the easternmost section of the Hollywood Walk of Fame (Historic-Cultural Monument No. 194). There are no existing permanent structures on the site and is currently developed with a surface parking lot in the C4-2D-SN & C4-2D Zones. Frontage along Hollywood Boulevard extends approximately 175 feet and frontage along Gower Street approximately 235 feet. The topography of the project site and the surrounding area is essentially flat, with no natural open spaces or areas of significant biological resource value. Based on the City records, the first use established on the subject site was in 1933 for a public garage for auto repairs. In 1951, a Certificate of Occupancy was issued for a one-story office and still photography use, but subsequently issued Certificates of Occupancy dating back to 1958 through 1997 confirm the auto repair use with service station and maintenance garage. Between January 1999 and February 2007, various demolition permits were issued for the removal of the service station, auto repair facility, and associated garage structures, and the site has since been improved with a surface parking lot. The Applicant is proposing to develop a landmark building at the “gateway” to the historic district of Hollywood. Two blocks further west, the property is developed with the newly completed W Hotel mixed-use complex above the Hollywood and Vine Red Line Metro Station. As such, the project has been redesigned since the original application to make it more pedestrian-friendly, in consultation with the Planning Department’s Urban Design Studio and the Council Office’s Design Review Committee. Retail shops have been added to the ground floor uses on both the Hollywood Boulevard and Gower Street facades; a motor court was internalized; two driveways have been reduced to one; and overall architectural style of the building has been modified with input from the community. On October 14, 2010, the Deputy Advisory Agency initially approved an incidental Vesting Tentative Tract Map No. 70119-CN for the merger and resubdivision for 6 lots, for the construction of 176 residential condominiums and 3 commercial condominiums consisting of 7,200 square feet of retail/restaurant uses on the subject property. Subsequently on October 25, 2010, an appeal of the entire decision by the Deputy Advisory Agency has been filed by an aggrieved community member to the City Planning Commission.


The Applicant, 6104 Hollywood, LLC (an entity controlled by The Hanover Company) acquired the subject site in June 2007. Hanover has constructed and operates a number of projects in Los Angeles, including the Viridian which is a multi-family residential apartment development on 8th Street, between Masselin and Hauser, in the Miracle Mile District, and Ashton Westwood, another multi-family apartment development at the southwest corner of Wilshire Boulevard and Manning Avenue in Westwood. Hanover has also constructed and operates 717 Olympic, a mixed-use residential apartment/commercial high-rise development on the northeast corner of Figueroa and Olympic in downtown Los Angeles, and recently entitled a proposed mixed-use project at the northeast corner of Wilshire and Crescent Heights Boulevards which will include a publicly-accessible, privately-maintained park, ground-floor retail, and residential apartments above. The subject site is geographically located within the Los Angeles State Enterprise Zone Area, the Hollywood Redevelopment Project Area (CRA Area), and the MTA Project Area, with the northern half of the site, closest to Hollywood Boulevard, located in the Hollywood Signage Supplemental Use District (CRA Area). The subject site is not located within a flood hazard, hillside, floodway or mudprone area, and there are currently no trees on the site. Surrounding Properties: Properties to the north and west are developed with low-rise retail and automotive uses and zoned C4-1-SN. Properties to the south are developed with commercial uses as well as the Bally’s Fitness Center and zoned C4-2D. The property to the west is developed with the Henry Fonda/Music Box Theatre and zoned C4-2D-SN. Two blocks further west, the property is developed with the W Hotel mixed-use development, above the Hollywood and Vine Metro Red Line Station. Street and Circulation: Hollywood Boulevard is a Major Highway Class II dedicated to a 100-foot width adjoining the property to the north. Gower Street is a Secondary Highway dedicated to a variable 70- to 90-foot width adjoining the property to the east. Relevant Cases:

VTT-70119-CN-1A. On October 25, 2010, an appeal of the entire decision by the Deputy Advisory Agency to approve VTT-70119-CN for the subject property was filed by the La Mirada Avenue Neighborhood Association of Hollywood (Doug Haines). VTT-70119-CN. On October 14, 2010, the Deputy Advisory Agency approved an incidental vesting tentative tract map for the merger and resubdivision of 6 lots (1 master ground lots and 5 airspace lots) for a maximum 176 residential condominiums and 3 commercial condominiums (7,200 square feet of retail/restaurant uses) for the subject property. CPC-2002-4173-SUD. On August 20, 2004, the City Council adopted Ordinance No. 176,172 to zone change a portion of the subject property to C4-2D-SN, as part of the Hollywood Signage Supplemental Use District (SUD).


CPC-1986-835-GPC. On March 28, 1990, the City Council adopted Ordinance No. 165,662 SA 270 to change the zone to C4-2D for the subject property, as part of the General Plan Consistency program.

Issues A joint public hearing on this matter with the Deputy Advisory Agency and the Hearing Officer was held at the Los Angeles City Hall on Wednesday, August 25, 2010 (see Public Hearing and Communications, Page P-1). Floor Area and Height. The property contains approximately 43,890 net square feet (1.01 net acres) and is presently zoned C4-2D-SN & C4-2D, with a “D” Development Limitation that caps the total floor area contained in all buildings to a maximum of two times the buildable area of the lot (2:1 FAR). Height District No. 2 does not restrict height. The Applicant is herein seeking a zone and height district change to [T][Q]C4-2D-SN and [T][Q]C4-2D, respectively, with a new “D” Development Limitation to allow a maximum floor area ratio of 4.5:1. The adopted Hollywood Community Plan designates the subject property for Regional Center Commercial land use with a footnote that allows developments up to a maximum of 4.5:1 FAR. The proposed zone and height district change would be consistent with the General Plan, which would allow approximately 197,503 square feet of floor area. As mentioned, there would be no height limit in maintaining Height District No. 2. Community Plan Update. Currently, under the Draft Hollywood Community Plan Update, the project site is proposed with Height District No. 2D that would continue to permit 4.5:1 FAR for mixed-use developments. The Plan Update intends on “directing residential and commercial development to districts, centers and boulevards which are adjacent to transit infrastructure and improving the accessibility of the transit system”. Additionally, the Plan Update proposes to increase the floor area ratio to 3:1 FAR for those properties to the east of Gower Street all the way to the {101} Hollywood Freeway in order to promote development along this stretch of Hollywood Boulevard.

Parking and TDM. The Applicant is proposing 1 level of subterranean parking and 4 levels of above-grade parking within an enclosed concrete parking garage. The project is providing 5 spaces for each 1,000 square feet for commercial use, for a total of 36 spaces. This would exceed the requirement for projects located in the Hollywood CRA as well as the Enterprise Zone to provide 2 parking spaces for each 1,000 square feet of floor area, for a total of 14 spaces. Concerns were brought up at the public hearing that not only would the proposed project replace an existing parking lot (approximately 100 spaces), but that other parking lots in the immediate Hollywood and Vine area are being replaced with large developments, essentially eliminating public parking options. Although the nearby Red Line Metro Station has provided an alternative to driving, there were countering opinions that cars are still the primary form of transportation in Hollywood, and hence, cause further parking and traffic impacts. For the residential use, the project is conditioned to provide 1.5 on-site parking spaces per dwelling unit plus 0.25 on-site guest spaces per dwelling unit, consistent with the VTT-70119-CN parking requirements. This requirement is also consistent with other high-rise residential buildings in dense areas, which is less than the 2.5 parking spaces per unit


required for condominium uses in parking congested areas. The Applicant is proposing to offer an opt-out parking program where parking spaces would be unbundled for residents. Any surplus parking, whether from residential or commercial uses, would be provided to the wider community. In providing additional parking spaces for the proposed project, the Applicant is suggesting that ample parking spaces could be one of the Transportation Demand Management (TDM) benefits that would serve the community. The others benefits would include providing transit information and bicycle parking. Signage. Signage is also proposed as part of the new mixed-use development. The northern half of the site is located in the Hollywood Signage Supplemental Use District (SUD), established by Ordinance No. 176,172, effective October 4, 2004. The proposed signage will only be located in that portion of the site zoned C4-2D-SN and will be in compliance with the applicable regulations of the SUD. Through a separate entitlement application which will be submitted to the Director in the future, the Applicant will seek a Project Permit Compliance review with the Hollywood Signage Supplemental Use District, pursuant to L.A.M.C. Section 11.5.7, to permit signs in conformance with the applicable regulations of the Hollywood SUD. Conclusion Based on the information submitted, the surrounding uses, input from the public hearing, and the project’s proposed compliance with the Hollywood Community Plan, the Department of City Planning is recommending that the City Planning Commission approve the requested entitlements, as conditioned, as it will provide a neighborhood-serving project. The conditions will mitigate negative impacts that may otherwise arise. In recent years, numerous developments along Hollywood Boulevard, such as the Hollywood and Highland and the W Hotel projects, loft conversions of historic buildings and influx of restaurants and nightclubs, have contributed to the revival of the Hollywood community. However, much of these developments have occurred between the two anchor streets of Highland Avenue and Vine Street. Going further east past the W Hotel development, there are still pockets of under-utilized and dilapidated sites, including the subject site at Gower Street. The Applicant is proposing the construction of a 20-story mixed-use development comprised of 176 residential units, approximately 7,200 square feet of retail uses, and a total 345 parking spaces. The Applicant contends that this project will further revive Hollywood and create a landmark building at the “gateway” into the Hollywood Walk of Fame. Development of this transit-oriented, mixed-use project will create a community-serving center that complements the existing entertainment uses in the area as well as the existing commercial corridor along Hollywood Boulevard. The proposed project, as conditioned, will enhance the neighborhood character by adding on-site residents and commercial customers, encourage the development of housing, reduce automobile trips to other areas and thus improve air quality, eliminate existing blight by replacing a surface parking lot, and enhance the pedestrian environment with ground floor retail uses. The recommended zone and height district change will further many of the City’s land use policies by clustering higher density projects in a Regional Center Commercial district and creating a destination near major public transportation. The Project would continue to help revitalize central Hollywood and bring employment opportunities to the Project Site and the Community Plan area – in conformance with a principal


objective of the Hollywood Redevelopment Agency Project area and the State Enterprise Zone, respectively. Providing much needed retail, restaurants and other community-serving commercial uses the proposed Project will eradicate blight and fill a void for much needed services in the heart of Hollywood.

Case No. CPC-2008-3087-ZC-HD-ZAA-SPR T-1

Conditions For Effectuating [T] Tentative Classification Removal

Pursuant to Section 12.32 G of the Municipal Code, the (T) or [T] Tentative Classification shall be removed by the recordation of a final parcel or tract map or by posting of guarantees through the B-permit process of 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 Department of City Planning for attachment to the subject planning case file. Dedications and Improvements. Prior to the issuance of any building permits, 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). 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. Bureau of Engineering. Prior to the issuance of sign-offs for final site plan approval and/or

recordation of final tract map 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.

a. Street Dedication. (1) Hollywood Boulevard (Major Highway II): A 2-foot wide strip of land be dedicated

adjoining the subdivision to complete a 52-foot wide half right-of-way in accordance with Major Highway Standards, including a 15-foot by 15-foot cut corner at the intersection with Gower Street.

(2) Gower Street (Secondary Street): A 5-foot wide strip of land be dedicated

adjoining the subdivision on the southerly 110.12 feet to complete a 45-foot wide half right-of-way dedication in accordance with Secondary Highway Standards.

(3) Gower Street (Secondary Street): Permit a merger of a 5-foot and variable width

(45-foot measured from centerline of Gower Street) strip of land along the Gower Street adjoining the subdivision including a 15-foot by 15-foot corner cut area at the intersection with Hollywood Boulevard, except along the southerly 110.12 feet, with the remainder of tract map pursuant to Section 66499.20-1/2 of the State Government Code, and in addition, the following conditions be executed by the applicant and administered by the City Engineer.

i. Consents to the street being merged and waivers of any damages that may

accrue as a result of such mergers shall be obtained from all property owners who might have certain rights in the area being merged.


ii. Satisfactory arrangements shall be made with all public utility agencies

maintaining existing facilities within the area being merged.

b. Street Improvement. (1) Hollywood Boulevard: Construct additional concrete sidewalk to complete a 17-

foot wide full-width sidewalk with tree wells adjoining the property. (2) Gower Street: Construct additional surfacing to join the existing improvements to

provide a 35-foot half roadway, except for the curb return area at Hollywood Boulevard, including asphalt pavement, integral concrete curb, a concrete gutter and a 10-foot full-width concrete sidewalk. These improvements should transition and suitably join the existing improvements.

(3) Install tree wells with root barriers and plant trees satisfactory to the City

Engineer and the Urban Forestry Division of the Bureau of Street Services. The applicant shall contact the Street Tree Division of the Bureau of Street Services for further information (213) 485-5675.

(4) Department of Transportation may have additional requirements for dedication

and improvements. (5) Power pole installation may be required satisfactory to the Department of Water

and Power (213) 367-2715. (6) Fire hydrant installation may be required satisfactory to the Fire Department

(213) 482-6543. (7) Relocation of existing traffic signs, equipments and parking meters may be

required satisfactory to the Department of Transportation. c. Sewers. The owners of the property shall make a request to the Central District Office

of the Bureau of Engineering to determine the capacity of the existing sewer in the area. All sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a Building Permit.

d. Easement. The owners of the property shall record an agreement satisfactory to the

City Engineer stating that they will grant the necessary easements for ingress and egress purposes to serve proposed airspace lots to use upon the sale of a respective lots and they will maintain the private easements free and clear of obstructions and in a safe condition for use at all times.

f. Street Lighting.

(1) Specific Condition: Prior to the recordation of the final map or issuance of the Certificate of Occupancy (CofO), street lighting improvement plans shall be submitted for review and the owner shall provide a good faith effort via a ballot process for the formation or annexation of the property within the boundary of the development into a Street Lighting Maintenance Assessment District.


(2) Improvement Condition: No street lighting improvements are required if no street widening is required per BOE improvement conditions. Otherwise, relocate and upgrade street lights: two (2) Hollywood Boulevard and three (3) Gower Street.

3. Department of Transportation. Satisfactory arrangements shall be made with the

Department of Transportation to assure: a. A minimum of 60-foot and 40-foot reservoir space(s) be provided between any ingress

security gate(s) and the property line when driveway is serving more than 300 and 100 parking spaces respectively.

b. Parking stalls shall be designed so that a vehicle is not required to back into or out of any public street or sidewalk.

c. A parking area and driveway plan be submitted to the Citywide Planning Coordination

Section of the Department of Transportation for approval prior to submittal of building permit plans for plan check by the Department of Building and Safety. Transportation approvals are conducted at 201 N. Figueroa Street Suite 400, Station 3.

Notice: If conditions dictate, connections to the public sewer system may be postponed until adequate capacity is available. Notice: Certificates of Occupancy for the subject property 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.

Case No. CPC-2008-3087-ZC-HD-ZAA-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. Entitlement Conditions 1. Use. The use and area regulations for the new development on-site shall be developed

for residential and commercial uses as permitted in the [T][Q]C4-2D-SN and [T][Q]C4-2D Zone as defined in LAMC Section 12.14, unless modified herein by conditions or subsequent action.

2. Site Plan. The use and development of the subject property shall be in substantial conformance with the site plan labeled Exhibit “A”. Prior to the issuance of building permits, detailed development plans including a site plan illustrating elevations, facades, and architectural treatment, and a landscape/irrigation plan shall be submitted for review and approval by the Planning Department. The plans shall comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization.

3. Floor Area. The floor area of all buildings shall be in conformance with the proposed

Height District No. 2D with a floor area ratio (FAR) of 4.5:1. 4. Parking. A minimum of 1.5 covered on-site parking spaces per dwelling unit plus 0.25

covered on-site residential guest spaces per dwelling unit shall be provided for the project. Additionally, a minimum of 5 covered on-site commercial visitor spaces per each 1,000 square feet of commercial uses shall be provided.

Other Conditions

5. Architectural Materials.

a. A consistent use of architectural and building materials shall be applied

throughout all exterior facades of the building to avoid creating a “backside” to the site.

b. The proposed project shall not use architectural finishes that would produce substantial glare. The retail ground level windows of the proposed project shall be clear, low insulated glass in display areas and frosted or black painted glass in non-display areas. Exterior applied stucco and stone veneer shall be used for the retail storefront at base of the building (Level 1).

6. Light and Glare. The exterior of the proposed buildings shall be constructed of materials

which reduce glare and reflectivity, such as, high-performance tinted or deep-color glazed glass, pre-cast concrete or fabricated wall surfaces. All exterior windows should be tinted or contain a light-reflective film to reduce illumination levels outside of the building. Landscape and/or architectural screening elements shall be incorporated into project design so as to minimize off-site glare impacts associated with vehicles.

7. Graffiti. Every building, structure, or portion thereof, shall be maintained in a safe and

sanitary condition and good repair, and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section


91.8104. The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91,8104.15.

8. Parking and Driveway Plan. A preliminary parking area and driveway plan shall be

prepared and submitted to the Bureau of Engineering and City Wide Planning Coordination Section of the Department of Transportation in consultation with Council Office No. 13 for approval prior to the submittal of building plans for plan check by the Department of Building and Safety.

9. Driveway Access.

a. No vehicular access shall be permitted along Hollywood Boulevard.

b. No more than one vehicular access shall be permitted along Gower Street. 10. Commercial Delivery. No delivery for commercial uses shall be permitted between

the peak hours of 7:00 am to 9:00 am and between 5:00 pm to 7:00 pm. Delivery vehicles shall only queue on-site and not along Hollywood Boulevard or Gower Street.

11. Roof Structures. Any structures on the roof, such as air condition units and other

equipment, shall be fully screened from view of any abutting properties with residential dwellings.

12. Signage. On-site signs shall be limited to the maximum allowable under the LAMC,

unless otherwise permitted under a separate entitlement pursuant to the Hollywood Signage Supplemental Use District (Ordinance No. 176,172).

13. Bicycle Racks. Bicycle racks/storage facilities shall be provided on-site, as required

by LAMC Section 12.21-A,16. 14. Pedestrian Access. Direct pedestrian access for the commercial uses shall be

provided from the street level.

15. Emergency Response Plan (Fire Department). The applicant shall submit an emergency response plan for approval by the decision maker and the Fire Department. The emergency response plans shall include but not be limited to the following: mapping of emergency exits, evacuation routes for vehicles and pedestrians, location of nearest hospitals, and fire departments.

Environmental Conditions 16. Construction Equipment (Air Quality). The project developer shall implement the

following measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment operating at the project site throughout the project construction phases. The project developer shall include in construction contracts the control measures as may required under Rule 403, at the time of development, including the following: a. Keep all construction equipment in proper tune in accordance with manufacturer’s

specifications.


b. Use late model heavy-duty diesel-powered equipment at the project site to the extent that it is readily available in the South Coast Air Basin (meaning that it does not have to be imported from another air basin and that the procurement of the equipment would not cause a delay in construction activities of more than two weeks.

c. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment. (This measure does not apply to diesel-powered trucks traveling to and from the site.)

d. Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment.

e. Limit truck and equipment idling time to five minutes or less and post a sign at the site to inform drivers of this law.

f. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible.

g. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.

17. Erosion/Grading/Short-Term construction Impacts (Air Quality).

a. Use watering to control dust generation during demolition of structures or break-up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent.

b. Water active grading/excavation sites and unpaved surfaces at least three times

daily. c. All paved roads, parking and staging areas must be watered at least once every two

hours of active operations. d. Site access points must be swept/washed within thirty minutes of visible dirt

deposition.


e. Sweep daily (preferably with water sweepers) all paved parking areas and staging areas.

f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least

twice daily. g. Cover stockpiles with tarps or apply non-toxic chemical soil binders. h. All haul trucks hauling soil, sand, and other loose materials must either be covered or

maintain two feet of freeboard. i. At least 80 percent of all inactive disturbed surface areas must be watered on a daily

basis when there is evidence of wind drive fugitive dust. j. Install wind breaks or green screens at the windward sides of construction areas. k. Operations on any unpaved surfaces must be suspended when winds exceed 25

mph. l. Suspend excavation and grading activity when winds (instantaneous gusts) exceed

15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust.

m. All haul trucks hauling soil, sand, and other loose materials must either be covered or

maintain two feet of freeboard. n. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75)

cubic yards. o. All loads shall be secured by trimming, watering or other appropriate means to

prevent spillage and dust. p. Traffic speeds on unpaved roads must be limited to 15 miles per hour. q. Provide daily clean-up of mud and dirt carried onto paved streets from the site. r. Install wheel washers or rumble plates for all exiting trucks, or wash off the tires or

tracks of all trucks and equipment leaving the site. s. All materials transported off-site shall be either sufficiently watered or securely

covered to prevent excessive amount of dust. t. Operations on any unpaved surfaces must be suspended during first and second

stage smog alerts. u. An information sign shall be posted at the entrance to each construction site that

identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt.


18. Erosion/Grading/Short-Term construction Impacts (Grading)

a. Excavation and grading activities shall be scheduled during dry weather periods. If grading occurs during the rainy season (October 15 through April 1), construct diversion dikes to channel runoff around the site. Line channels with grass or roughened pavement to reduce runoff velocity.

b. Incorporate appropriate erosion control and drainage devices to the satisfaction of

the Building and Safety Department shall be incorporated, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned. These will shield and bind the soil.

c. Stockpiles and excavated soil shall be covered with secured tarps or plastic

sheeting. d. All waste shall be disposed of properly. Use appropriately labeled recycling bins to

recycle construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non-recyclable materials/wastes must be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site.

e. Clean up leaks, drips and spills immediately to prevent contaminated soil on paved

surfaces that can be washed away into the storm drains. f. Do not hose down pavement at material spills. Use dry cleanup methods whenever

possible. g. Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover

with tarps or plastic sheeting. h. Use gravel approaches where truck traffic is frequent to reduce soil compaction and

limit the tracking of sediment into streets. i. Conduct all vehicle/equipment maintenance, repair, and washing away from storm

drains. All major repairs are to be conducted off-site. Use drip pans or drop cloths to catch drips and spills.

j. To ensure that localized significance thresholds for PM10 and PM2.5 are not

exceeded during construction, contractors shall be required not to conduct either trenching operations or asphalt operations simultaneously with mass- or fine-grading operations.

19. Erosion/Grading/Short-Term construction Impacts (Noise).

a. The project shall comply with the City of Los Angeles Noise Ordinance No. 144,331 and 161,574, and any subsequent ordinances, which prohibit the emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible.

b. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm

Monday through Friday, and 8:00 am to 6:00 pm on Saturday.


c. Construction and demolition activities shall be scheduled so as to avoid operating

several pieces of equipment simultaneously, which causes high noise levels. d. The project contractor shall use power construction equipment with state-of-the-art

noise shielding and muffling devices. e. The use of those pieces of construction equipment or construction methods with the

greatest peak noise generation potential shall be minimized. Examples include the use of drills, jackhammers, and pile drivers.

f. Noise construction activities whose specific location on the site may be flexible (e.g.,

operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible.

g. Flexible sound control curtains shall be placed around drilling apparatuses and drill

rigs used within the project site, if sensitive receptors are located at, or within, 50 feet.

h. All construction truck traffic shall be restricted to truck routes approved by the City of

Los Angeles Department of Building and Safety, which shall avoid residential areas and other sensitive receptors to the extent feasible.

i. The project shall comply with the City of Los Angeles Building Regulations

Ordinance No. 178,048, which requires a construction site notice to be provided that includes the following information: job site address, permit number, name and phone number of the contractor and owner or owner’s agent, hours of construction allowed by code or any discretionary approval for the site, and City telephone numbers where violations can be reported. The notice shall be posted and maintained at the construction site prior to the start of construction and displayed in a location that is readily visible to the public and approved by the City’s Department of Building and Safety.

j. Truck deliveries shall only be permitted between the hours of 7:00 A.M. and 10:00

P.M. Delivery trucks should use approved haul routes directed away from residential areas.

k. The design of the facilities and equipment specifications shall include noise control

measures to ensure that local noise criteria are not exceeded by equipment operations. For example, mechanical equipment shall be acoustically engineered and shall incorporate quiet designs, mufflers, enclosures, parapets, etc.

l. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of

the California Code Regulations, which insure an acceptable interior noise environment.

m. A construction liaison shall be provided to inform the nearby recording facility and

Music Box Theater when peak noise and vibration activities are scheduled to occur.


n. The project developer shall provide ongoing monitoring during the construction phase of the proposed project to ensure that the operation of vibration-generating equipment at the project site would not result in any structural damage to the adjacent Music Box Theater.

o. All exterior windows associated with the proposed residential uses at the Project Site

shall be constructed with double-pane glass and use exterior wall construction which provides a Sound Transmission Class of 50 or greater as defined in UBC No. 35-1, 1979 edition or any amendment thereto. The applicant, as an alternative, may retain an acoustical engineer to submit evidence, along with the application for a building permit, any alternative means of sound insulation sufficient to mitigate interior noise levels to below a CNEL of 45 dBA in any habitable room.

20. Sustainability.

a. For the residential development, in accordance with LEED New Construction Energy

and Atmosphere Credit 1, the project shall be constructed with materials that reduce thermal loss and energy demand that meets the Title 24 regulations, or LEED Homes by 10% or greater.

b. For the residential development, in accordance with LEED New Construction Indoor

Environmental Quality Credit 6.1 or LEED Homes (Multi-family for California) Energy and Atmosphere Credit 8.2, the Applicant shall install lighting system controllability as well as energy-efficient lighting fixtures

21. Transit Opportunities. The Applicant shall provide informational packets to new

residents within the development locating nearby public transportation options. 22. Cultural Resources - Walk of Fame. The Project shall not remove or damage any

portion of the Hollywood Walk of Fame located adjacent to the Project site, consistent with a Retention, Repair and Restoration Plan (the "Walk of Fame Plan") to be approved by the Cultural Heritage Commission and the Hollywood Chamber of Commerce. The Walk of Fame Plan shall describe methods to be used to protect the Walk of Fame from damage during construction. The Walk of Fame Plan shall include the following provisions: a. The retention and protection of the Walk of Fame from damage during construction. b. Standards for the repair of the Walk of Fame to its original condition at the time of

construction commencement when construction is completed if damage occurs. c. In situ protection with material such as plywood in the vicinity of construction

activities. d. Identification of specific construction access points to the site for trucks and heavy

equipment. To the maximum extent feasible, these access points shall not cross the Walk of Fame. If it is necessary for heavy equipment to cross the Walk of Fame, the applicant shall provide additional protection for the Walk that avoids damage.

e. Repair or restoration of the Walk of Fame to its original condition at the time of

construction commencement. f. New paving material next to the Walk of Fame shall be compatible with the charcoal


terrazzo used in the Walk of Fame but shall not duplicate it.

g. The Project Applicant shall contact the Hollywood Chamber of Commerce to determine an appropriate relocation plan for the two easternmost impacted stars, west of Gower Street and Hollywood Boulevard along the project site frontage, and shall work with the City of Los Angeles Office of Historic Resources and the Board of Public Works to implement the relocation plan. All parties involved (Project Applicant, Hollywood Chamber, Office of Historic Resources, and Board of Public Works) must agree on the relocation plan prior to issuance of building permits for he Project. The physical relocation of the affected stars may take place concurrent with the construction of street improvements per implementation of Project Mitigation Measure L-1.

23. Archaeological/ Paleontological.

a. If any archaeological materials are encountered during the course of the project development, construction shall be halted. The services of an archaeologist shall be secured by contacting the Center for Public Archaeology - Cal State University Fullerton, or a member of the Society of Professional Archaeologist (SOPA) or a SOPA-qualified archaeologist to assess the resources and evaluate the impact. Copies of the archaeological survey, study or report shall be submitted to the UCLA Archaeological Information Center. A covenant and agreement shall be recorded prior to obtaining a grading permit.

b. If any paleontological materials are encountered during the course of the project

development, construction shall be halted. The services of a paleontologist shall be secured by contacting the Center for Public Paleontology - USC, UCLA, Cal State Los Angeles, Cal State Long Beach, or the County Natural History Museum to assess the resources and evaluate the impact. Copies of the paleontological survey, study or report shall be submitted to the Los Angeles County Natural History Museum. A covenant and agreement shall be recorded prior to obtaining a grading permit.

c. If human remains are discovered at the project site during construction, work at the

specific construction site at which the remains have been uncovered shall be suspended, and the City of L.A. Public Works Department and County Coroner shall be immediately notified. If the remains are determined by the County Coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains.

24. Geology and Soils. The project shall comply with the recommendations listed on pages

10 through 18 in the Geotechnical Exploration Report, Proposed Multi-Level Development, SWC Hollywood Boulevard and Gower Street, Hollywood, California, prepared by Professional Service Industries, Inc., dated June 8, 2007 (herein incorporated by reference).

25. Public Services – Fire. a. Prior to recordation of a final map or the approval of a building permit, the applicant

shall submit the plot plan for review and approval by the Fire Department.


b. Fire lane width shall not be less than 20 feet. When a fire lane must accommodate the operation of Fire Department aerial ladder apparatus or where fire hydrants are installed, those portions shall not be less than 28 feet in width.

c. No building or portion of a building shall be constructed more than 300 feet from an

approved fire hydrant. d. Access for Fire Department apparatus and personnel to and into all structures,

including the parking facility, shall be provided. 26. Public Services – Police.

a. During construction activities, the project developer shall ensure that all onsite areas

of active development, material and equipment storage, and vehicle staging, that are adjacent to existing public roadways, be secured to prevent trespass.

b. Prior to site plan approval, the building and layout design of the proposed project

shall include crime prevention features, such as nighttime security lighting, building security systems, and secure parking facilities.

c. Prior to the recordation of a final map or the approval of a building permit, the project

developer shall submit a plot plan for the proposed development to the LAPD’s Crime Prevention Section for review and comment. Security features subsequently recommended by the LAPD shall be implemented, to the extent feasible.

27. Public Services – School. The applicant will pay all applicable mandatory school impact

fees to LAUSD to offset the impact of additional student enrollment at schools serving the project area.

28. Public Services – Parks.

a. The applicant shall pay the required $200 per dwelling unit fee to the Department of

Building and Safety in accordance to the Dwelling Unit Construction Tax required by the Los Angeles Municipal Code Section 21.10.3(b).

b. The applicant shall comply with the obligation to pay Quimby/Park Fees as required

by the Los Angeles Municipal Code Section 17.12. 29. Transportation and Traffic.

a. Construction activities such as lane closures and haul truck routes shall not overlap

or peak at the same time in the same area, or along the same routes. This coordination shall also extend to the approved locations of the haul truck staging and construction worker parking locations, to avoid secondary parking impacts in or near the project vicinity due to large trucks or numerous worker vehicles.

b. Should project construction activity temporarily affect the operations of the bus stop

itself (including repair and/or replacement of existing broken curb or sidewalks), the project applicant shall contact Metro to coordinate temporary relocation of the bus stop or other applicable measures to maintain bus service to the project area throughout project construction.


c. The project shall upgrade the traffic signal controllers to Type 2070 at the following intersections: i. Bronson Avenue and Franklin Avenue ii. Gower Street and Sunset Boulevard iii. Gower Street and Franklin Avenue iv. Vine Street and Yucca Street

d. Additionally, the project shall install a new CCTV camera at:

i. Gower Street and Franklin Avenue ii. Sunset Boulevard and Vine Street

e. Since the project traffic study did not assume any type of project-related trip

reduction strategy in the analysis of potential project impacts, the applicant shall implement trip-reduction measures designed to reduce the number of vehicle trips generated by the project, in addition to those that may already be required per the provisions of Ordinance No, 168,700. The applicant shall be required to work with LADOT to develop a Transportation Demand Management (TDM) plan that includes trip reduction goals. A preliminary TDM program shall be prepared and provided for LADOT review prior to issuance of the first building permit for the project, and a final TDM program be approved by LADOT prior to issuance of any temporary or final certificate of occupancy for the project.

30. Utilities – Wastewater.

a. Gauging of the current flow level (d/D) in the 8-inch lines on Hollywood Boulevard,

Selma Avenue, and Sunset Boulevard, the 21-inch line on Sunset Boulevard, the 30-inch line on El Centro Avenue, and the 10-inch and 18-inch lines on El Centro Avenue shall be required before hook-up.

b. The developer shall either have to increase the capacity of any lines that would not

have sufficient capacity for the project discharge or retain discharge on-site for release during off-peak flow.

31. Utilities – Water Supply.

a. The project shall comply with Ordinance No. 170,978 (Water Management

Ordinance) which imposed numerous water conservation measures in landscape, installation, and maintenance (e.g. drip irrigation and soak hoses in lieu of sprinklers to lower the amount of water lost to evaporation and overspray, set automatic sprinkler systems to irrigate during early morning or evening hours to minimize water lose due to evaporation, and water less in the cooler months and during the rainy season).

b. If conditions dictate, the Department of Water and Power may postpone new water

connections for this project until water supply capacity is adequate. c. Unless otherwise required, and to the satisfaction of the Department of Building and

Safety, the applicant shall install:

i. High-efficiency toilets (maximum 1.28 gpf) (for example, dual-flush water


closets), and high-efficiency urinals (maximum 0.5 gpf) (for example, no-flush or waterless urinals), in all restrooms as appropriate. Rebates may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations.

ii. Restroom faucets with a maximum flow rate of 1.5 gallons per minute.

iii. Single-pass cooling equipment shall be strictly prohibited from use. Prohibition of such equipment shall be indicated on the building plans and incorporated into tenant lease agreements. (Single-pass cooling refers to the use of potable water to extract heat from process equipment, e.g. vacuum pump, ice machines, by passing the water through equipment and discharging the heated water to the sanitary wastewater system).

d. Unless otherwise required, all restroom faucets except those in residential units shall

be of a self-closing design, to the satisfaction of the Department of Building and Safety.

e. Unless otherwise required, and to the satisfaction of the Department of Building and

Safety, the applicant shall:

i. Install no more than one showerhead per shower stall, having a flow rate no greater than 2.0 gallons per minute.

ii. Install and utilize only high-efficiency clothes washers (water factor of 6.0 or less) in the project, if proposed to be provided in either individual units and/or in a common laundry room(s). If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance. Rebates may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations.

iii. Install and utilize only high-efficiency Energy Star-rated dishwashers in the project, if proposed to be provided. If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance.

f. The availability of recycled water should be investigated as a source to irrigate large

landscaped areas. g. Significant opportunities for water savings exist in air conditioning systems that utilize

evaporative cooling (i.e., employ cooling towers). LADWP should be contacted for specific information on appropriate measures.

32. Utilities – Solid Waste.

a. The construction contractor shall make an effort to contract for waste disposal

services with a company that recycles construction related wastes. b. The project applicant shall separate onsite drywall materials from the construction

trash debris and shall contract with a waste disposal company to sort and recycle remaining materials.


c. Recycling bins shall be provided at appropriate locations to promote recycling of

paper, metal, glass, and other recyclable material. The proposed project shall comply with all applicable adopted recycling and waste diversion policies of the City of Los Angeles.

D. Administrative Conditions of Approval 33. Approval, Verification and Submittals. Copies of any approvals, guarantees or

verification of consultations, reviews or approval, plans, etc, as may be required by the subject conditions, shall be provided to the Planning Department for placement in the subject file.

34. Code Compliance. Area, height and use regulations of the zone classification of the

subject property shall be complied with, except where herein conditions are more restrictive.

35. Covenant. Prior to the issuance of any permits relative to this matter, an agreement

concerning all the information contained in the (Q) conditions shall be recorded in the County Recorder’s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Planning Department for approval before being recorded, after recordation, a copy bearing the Recorder’ number and date shall be provided to the Planning Department for attachment to the file.

36. Definition. Any agencies, public officials or legislation referenced in these conditions shall

mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation.

37. Enforcement. Compliance with these conditions and the intent of these conditions shall

be to the satisfaction of the Planning Department and any designated agency, or the agency’s successor and in accordance with any stated laws or regulations, or any amendments thereto.

38. Building Plans. Page No. 1 of the grant and all the conditions of approval shall be printed

on the building plans submitted to the City Planning Department and the Department of Building and Safety.

39. Corrective Conditions. The authorized use shall be conducted at all times with due

regard for the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if, in the Commission’s or Director’s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

40. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its

agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action or proceeding,


or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.

41. Expedited Processing Fee. Prior to the clearance of any conditions, the applicant shall

show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section.

Case No. CPC-2008-3087-ZC-HD-ZAA-SPR D-1

“D” Development Limitations 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 “D” Development Limitations. 1. The total floor area contained in all buildings shall not exceed four-and-one-half (4.5)

times the buildable area of the lot.

Case No. CPC-2008-3087-ZC-HD-ZAA-SPR F-1

FINDINGS 1. General Plan Land Use Designation. The subject property is located within the

Hollywood Community Plan, adopted by the City Council on December 13, 1988. The Plan designates the subject property as Regional Center Commercial which corresponds to the C2, C4, P, and PB Zones. The subject property is currently zoned C4-2D-SN on the northern portion and C4-2D on the southern portion. Although the existing “D” Development Limitation restricts the maximum floor area ratio (FAR) to 2:1, the Hollywood Community Plan Footnote 9 permits development intensity on the site to Height District No. 2 with a maximum FAR to 4.5:1 at the project site. Consistent with the Community Plan, the proposed Zone/Height District Change would amend the “D” Limitation to allow a maximum FAR of 4.5:1.

2. General Plan Text. The Hollywood Community Plan text includes the following relevant

land use objectives, policies and programs:

Objective 1: To coordinate the development of Hollywood with other parts of the City of Los Angeles and the metropolitan area. To further the development of Hollywood as a major center of population, employment, retail services, and entertainment…” Objective 3: To make provision for the housing required to satisfy the varying needs and desires of all economic segments of the community, maximizing the opportunity for individual choice. To encourage the preservation and enhancement of the varied and distinctive residential character of the community, and to protect lower density housing form the scattered intrusion of apartments. Objective 4: To promote economic well being and public convenience through:

a) Allocating and distributing commercial lands for retail, service, and office facilities in quantities and patterns based on accepted planning principles and standards.

Objective 6: To make provision for a circulation system coordinated with land uses and densities and adequate to accommodate traffic; and to encourage the expansion and improvement of public transportation service.

“The focal point of the Community is the Hollywood Center, located generally on both sides of Hollywood and Sunset Boulevards between La Brea and Gower Street.” Changing the existing zone to permit the “D” Limitation to allow a maximum FAR of 4.5:1 and allow the production of a mixed-use development with a maximum of 7,200 square feet of retail within the focal point of Hollywood would be consistent with the objectives of the Community Plan. As such, the Applicant is proposing to develop a 20-story, landmark building at the “gateway” into the easternmost section of the historic Hollywood Walk of Fame.

The Framework Element for the General Plan (Framework Element) was adopted by the City of Los Angeles in December 1996 and re-adopted in August 2001. The Framework Element provides guidance regarding policy issues for the entire City of Los Angeles, including the project site. The Framework Element also sets forth a Citywide comprehensive long-range growth strategy and defines Citywide polices regarding such


issues as land use, housing, urban form, neighborhood design, open space, economic development, transportation, infrastructure, and public services. The requested Zone and Height District Change would permit development of a high-quality, high-density mixed-use development along Hollywood Boulevard, a major transportation corridor. The proposed project would also advance planning principles set forth in the Framework Element, that Regional Centers “are typically high-density places whose physical form is substantially differentiated from the lower-density neighborhoods of the City. Generally, regional centers will range from FAR 1.5:1 to 6:1 and are characterized by six- to twenty-story (or higher) buildings as determined in the community plan. Their densities and functions support the development of a comprehensive and inter-connected network of public transit and services. Physically, the regional centers are generally characterized by areas containing mid- and high-rise structures concentrated along arterial or secondary highway street frontages (e.g., Wilshire and Hollywood Boulevards). The intensity of activity and incorporation of retail uses in the ground floor of these structures should induce considerable pedestrian activity.” The Project would promote this important goal by designing a high-density, mixed-use tower at the “gateway” of the Hollywood Regional Center, while making it more pedestrian-friendly. Retail shops have been added to the ground floor uses on both the Hollywood Boulevard and Gower Street facades; a motor court was internalized; two driveways have been reduced to one along Gower Street; and overall architectural style of the building has been modified with input from the community. Street dedication and merger have been proposed to create a more walkable sidewalk environment for pedestrians.

3. The Transportation Element of the General Plan may be affected by the recommended

action herein. Hollywood Boulevard is a Major Highway dedicated to a 100-foot width at the project’s street frontage. The Bureau of Engineering is requiring a 2-foot dedication to complete a 52-foot wide half right-of-way dedication in accordance with Major Highway Standards. The Applicant will be required to preserve the Walk of Fame in implementing the project. Gower Street is a Secondary Highway dedicated to a variable 70- and 90-foot width at the project’s street frontage. The Bureau of Engineering is requiring a 5-foot wide strip of land be dedicated along Gower Street adjoining the southerly half of the site in accordance with Secondary Highway Standards, and a 5-foot and variable width in the remaining northerly portion be permitted to be merged in order to create a straight line abutting the property. Any improvements, as required as part of the (T) Classifications, will assure compliance with this Element of the General Plan and with the City’s street improvement standards.

Furthermore, the requested Zone and Height District Change would allow the infill development of an existing parking lot to “fill-in” the missing link on a major transportation corridor that provides substantial public transit opportunities and facilities. The implementation of the proposed would promote ground floor pedestrian activity and circulation. Enhanced landscaping and walkways would also be included in the Project to create direct pedestrian connections between the new commercial development and the bus stops located along the public streets. In addition to satisfying the Transportation Element’s infrastructure improvement objectives, the Project would also further Objective 3 by “support[ing] development in regional centers, community centers, major economic activity areas and along mixed-use boulevards as designated in the Community Plans.” Development of the Project would aesthetically enhance Hollywood Boulevard and Gower Street through the additional of


contemporary architecture and enhanced street-side landscaping. As conditioned, the proposed project would conform with the Transportation Element’s policies and objectives.

4. Zone Change and Height District Findings.

a. Pursuant to Section 12.32-C of the Municipal Code, and based on these findings, the

recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. The subject site is located at the easternmost section of the historic Hollywood Walk of Fame, at the southwestern corner of Hollywood Boulevard and Gower Street. The first use established on the subject site was in 1933 for a public garage for auto repairs. Subsequent uses include the auto repair use with service station and maintenance garage as well as a one-story office dating back to 1958 through 1997. Between January 1999 and February 2007, various demolition permits were issued for the removal of the service station, auto repair facility, and associated garage structures, and the site has since been improved with a surface parking lot. The subject site is currently dual zoned C4-2D-SN and C4-2D. The existing "D” Development Limitation was placed on the site in 1990 (Ordinance No. 165,662) as part of the rezoning to ensure consistency with the Hollywood Community Plan Revision, adopted in December 1988. At the time, much of the zoning along Hollywood Boulevard were restricted to 2:1 FAR, while maintaining the Regional Center Commercial land use designation that allowed a maximum of 4.5:1 FAR with up to 6:1 FAR for projects that obtained Transfer of Development Rights. The proposed Zone And Height District Change from C4-2D-SN and C4-2D to [T][Q]C4-2D-SN and [T][Q]C4-2D would essentially replace the existing “D” Development Limitation, which limits the floor area ratio to 2:1, with a new “D” Limitation to allow a maximum FAR of 4.5:1 on this site, consistent with the adopted Hollywood Community Plan and the Draft Hollywood Community Plan Update. The "SN" attached to the site’s northern portion zoning identifies the site as being partially located in the Hollywood Signage Supplemental Use District (“SUD”) which regulates signage in the Hollywood community. The proposed Zone and Height District Change does not affect this designation and will remain as part of the zoning on the site. Public Necessity and Convenience. Amending the existing zoning to enable development of the Project is in conformance with public necessity and convenience because it addresses the need for more housing and the unsightly use as a large parking lot by providing new, neighborhood-serving retail and high-quality condominiums in the area. The Project further serves the public convenience and necessity by locating needed retail, restaurant, and residential uses along a major transportation corridor, Hollywood Boulevard. The project site is located a few blocks east of the Hollywood and Vine Metro Red Line Station and equidistantly few blocks west of the Hollywood Freeway. The Metro Red Line is the 17-mile subway that runs from Union Station in downtown Los Angeles to North Hollywood in the San Fernando Valley. This transit-convenient location will facilitate increased usage of existing transit lines and further encourage the development of street-side storefronts.


Although the nearby Red Line Metro Station and Metro Buses provide an alternative to driving, cars still account for the large majority of transportation mode in the City, including Hollywood. The project is also replacing approximately 100 public parking spaces existing on the site. As such, the project is proposed to provide 1 level of subterranean parking and 4 levels of above-grade parking within an enclosed concrete parking garage, for a total of approximately 345 spaces. The project is providing 5 spaces for each 1,000 square feet for commercial use, for a total of 36 spaces, which exceeds the requirement for projects located in the Hollywood CRA as well as the Enterprise Zone to provide 2 parking spaces for each 1,000 square feet of floor area. For the residential use, the project is providing 1.5 on-site parking spaces per dwelling unit plus 0.25 on-site guest spaces per dwelling unit. This requirement is consistent with other high-rise residential buildings in dense areas, but less than the 2.5 parking spaces per unit for condominium uses in parking congested areas. Other benefits include providing transit information and bicycle parking on-site. The Project design therefore serves the public convenience and necessity by creating housing and retail opportunities in an integrated, pedestrian-oriented site connected to transit. General Welfare. In recent years, numerous developments along Hollywood Boulevard, such as the Hollywood and Highland and the W Hotel projects, loft conversions of historic buildings, and influx of hip restaurants and nightclubs, have contributed to the revival of the Hollywood community. However, much of these developments have occurred between the two anchor streets of Highland Avenue and Vine Street. Going further east past the W Hotel development, there are still pockets of under-utilized and dilapidated sites indicating the remnants of Hollywood’s difficult past, including the subject site at Gower Street. The Applicant is proposing the construction of a 20-story mixed-use development with a maximum building height of 270 feet (including a 14-foot accent wall) and comprised of a total of 176 residential units, approximately 7,200 square feet of retail uses, and a total 345 parking spaces. The Applicant contends that this project will further revive Hollywood and create a landmark building at the “gateway” into the historic Hollywood Walk of Fame. The Project would help revitalize central Hollywood and bring employment opportunities to the Project Site and the Community Plan area – in conformance with a principal objective of the Hollywood Redevelopment Agency Project area and the State Enterprise Zone, respectively. Providing much needed retail, restaurants and other community-serving commercial uses the proposed Project will eradicate blight and fill a void for much needed services in the heart of Hollywood. The Project would advance the general welfare by incorporating a number of sustainability features, which may include water efficient fixtures, energy efficient designs that meets the LEED silver certification level.

Good Zoning Practices. The proposed requested zone change/height district change conforms to good planning practice by furthering the goals and objectives of the Community Plan, and authorizing a development consistent with its surrounding areas. The requested zone /height district change would foster synergy between the Project Site and the adjacent commercial and mixed-uses on Hollywood Boulevard. Promoting “smart growth” principles enshrined in the City’s General Plan Framework


and regional growth plans, the Project provides a complementary mix of retail, restaurant and residential uses along Hollywood Boulevard - a major transportation corridor.

b. The current action, as recommended, has been made contingent upon compliance with new “T”, “Q” and “D” conditions of approval imposed herein for the proposed project. Such limitations are necessary to protect the best interests of and to assure a development more compatible with surrounding properties, to secure an appropriate development in harmony with the General Plan, and to prevent or mitigate the potential adverse environmental effects of the subject recommended action.

5. Zoning Administrator Adjustment Findings (Yard Setback). In order for a Zoning Administrator’s Adjustment to be granted, all of the legally mandated findings delineated in Section 12.28 of the Los Angeles Municipal Code must be made in the affirmative.

a. The granting of an adjustment will result in development compatible and consistent

with surrounding uses.

The Project is seeking an adjustment to permit a zero-foot westerly side yard (including the side yards located at the southwest corner of the site) in lieu of the required 16 feet and a 10-foot rear yard in lieu of the required 20 feet for the parking structure for residential use (in addition to commercial parking) in the C4 Zone. The subject site is located on the southwest corner of Hollywood Boulevard and Gower Street. The site, for the most part, is a rectangular shaped site and the southern portion of the site is irregularly shaped. The project is located in the C4 Zone, which does not require side and rear yard setbacks for the commercial portion of the project, but which requires R4 Zone side and rear yard setbacks for the residential portion of the project. The Applicant will provide the required setbacks for the majority of the project, as the residential tower component of the project will be set back per Code. However, reduced westerly side yard and rear yard setbacks for the parking garage levels (Parking Levels 1 through 4 containing both residential and commercial parking) are being requested. The proposed project is a mixed-use development with ground floor retail. The ground floor (Level 1) would contain parking for the proposed retail and residential uses, while Levels 2, 3, and 4 would contain solely residential parking. The provision of a zero, or close to zero, yard setback is compatible with the C4 Zone designation and with the surrounding urban fabric. The Hollywood area is primarily commercially-zoned, which does not require setbacks for commercial uses. Additionally, precedent of similar recently approved mixed-use developments in Hollywood project serves to show that the requested westerly side yard and rear yard adjustments will result in development compatible and consistent with the surrounding uses. For instance, the Boulevard 6200/Clarett Project located just west of the subject site, along Hollywood Boulevard between Argyle and El Centro Avenues, was granted a Zoning Administrator’s Adjustment to permit 0-foot side yard setbacks in lieu of the 9-foot side yard setback required in the C4-2D and [Q]R3-1XL Zones. The W Hotel project located at 6252 Hollywood Boulevard received approval for an Adjustment to allow variable 5- to 8-foot side yards for the interior lot lines of the site. The Broadway Building, proposed at 1645 N. Vine Street was granted approval for an Adjustment to permit a 0-foot rear yard and a 0-foot westerly side


yard for the additional floors/floor area added to the upper portion of the existing building in lieu of the required 20-foot rear yard and 11-foot side yard. The Jefferson at Highland Project, located at the southeast corner of Highland and Yucca, received approval Zoning Administrator Adjustment approval for 0- and 2-foot side yards and a 2-foot rear yard in lieu of the required 9-foot side yards and 18-foot rear yard in the C4-2D Zone. Finally, the Sunset & Gordon project, located at 5935 Sunset Boulevard, recently received City Planning Commission Approval for an Adjustment to permit 0-foot easterly side, westerly side, and rear yards in lieu of the required 16-foot side yards and 20-foot rear yard.

As such, the granting of an Adjustment for the proposed 0-foot westerly side yard (including the side yards along the southwest corner of the site) and 10-foot rear yard setbacks for only the parking levels of the proposed mixed-use development at Hollywood and Gower will result in development compatible and consistent with surrounding uses. The proposed project will meet all other yard setback requirements.

b. The granting of an adjustment will be in conformance with the intent and purpose of

the General Plan. The subject property is located within the Hollywood Community Plan, adopted by

the City Council on December 13, 1988. The Plan designates the subject property as Regional Center Commercial which corresponds to the C2, C4, P, and PB Zones. The subject property is currently zoned C4-2D-SN on the northern portion and C4-2D on the southern portion. Although the existing “D” Development Limitation restricts the maximum floor area ratio (FAR) to 2:1, the Hollywood Community Plan Footnote 9 permits development intensity on the site to Height District No. 2, with a maximum FAR to 4.5:1. The proposed Zone/Height District Change would amend the “D” Limitation to allow a maximum FAR of 4.5:1, consistent with the Hollywood Community Plan.

The granting of the adjustment will not be in direct conflict with the goals and

objectives of the Hollywood Community Plan, in that, the Plan encourages the development of commercial use along major transportation corridors and promotes distinctive commercial districts. The subject site is located at the major intersection of Hollywood Boulevard and Gower Street, where other commercial uses already exist. The granting of this approval permits the creation of an integrated mixed-use development compatible and consistent with the surrounding uses. Providing the Code-required westerly side yard and rear yard setback creates an inconsistent layout and building footprint in the neighborhood which compromises the urban fabric of the area. Like many of the surrounding uses in the area, this project includes ground floor retail with high-density residential units above.

The Hollywood Community Plan Land Use Plan Policies and Programs include

Objectives and Policies for both residential and commercial land uses. The following residential Objectives and Policies are consistent with the proposed project:

Objective 1: To coordinate the development of Hollywood with other parts of the City of Los Angeles and the metropolitan area. To further the development of Hollywood as a major center of population, employment, retail services, and entertainment…”


Objective 3: To make provision for the housing required to satisfy the varying needs and desires of all economic segments of the community, maximizing the opportunity for individual choice. To encourage the preservation and enhancement of the varied and distinctive residential character of the community, and to protect lower density housing form the scattered intrusion of apartments. Objective 4: To promote economic well being and public convenience through:



“The focal point of the Community is the Hollywood Center, located generally on both

sides of Hollywood and Sunset Boulevards between La Brea and Gower Street.” The development of a 20-story, landmark building at the “gateway” into the easternmost section of the historic Hollywood Walk of Fame will be in conformance with the intent and purpose of Community Plan. Additionally, the Project would improve the physical condition of the area by replacing an under-utilized site currently used as a parking lot with an aesthetically appealing mixed-use building.

c. The granting of an adjustment is in conformance with the spirit and intent of the

Planning and Zoning Code of the City. The intent of the Zoning Code is to provide for orderly development throughout the

City. The proposed project is consistent with the uses permitted in the zone, the intent of the development standards imposed by the Zoning Code, and the existing development of the area. The spirit of the Code is to create compatible development with other projects in the area. The C4 Zone requires R4 Zone yard setbacks for the residential parking structure of mixed-use buildings. The R4 Zone yard setbacks are required citywide and do not take into account the unique location of the proposed project.

The Hollywood area, and in particular Hollywood Boulevard, is a dense urban area

which contains existing buildings with zero or very small yard setbacks. The elimination of yard setbacks is in fact preferred planning practice for this mixed-use project as the ground floor will be developed commercial/retail uses. Properties to the north, south, east and west are all developed with commercial uses that require no yard setback. The proposed project will be in conformance with the urban fabric of the neighborhood, surrounding the Hollywood and Vine Metro Red Line station. Additionally, as previously mentioned, there are recent projects nearby that were approved by reduced or no yard setbacks, such as the Boulevard 6200/Clarett Project, the W Hotel project, the Broadway Building, the Jefferson at Highland Project, and the Sunset & Gordon project.

Therefore, the granting of the adjustment is in conformance with the spirit and intent

Zoning Code.


d. There are no adverse impacts from the proposed adjustment or any adverse impacts have not been mitigated.

No adverse impacts will be created from the elimination of the westerly side yard setback (including the side yards along the southwest corner of the site) and a reduction in the rear yard setback for only the proposed parking levels. The subject site is generally rectangular-shaped and has a mix of uses which include residential and retail uses, as well as residential and retail parking. The purpose of requiring yard setbacks for residential uses is to provide light, air, and ventilation to the residential units. However, the requested yard Adjustments only involve the above-grade parking levels, not the levels that contain residential units. The Adjustment request for a 0-foot side yard and a 10-foot rear yard is made because the required setbacks most significantly apply to the parking garage, which contains parking for the residential uses. The project proposes to provide the Code-required setbacks for all other portions of the building, including the residential tower with a 16-foot westerly side yard setback and a 20-foot rear yard setback. The project is not required to provide setbacks for the parking garage, which contains parking for the retail uses. However, due to the fact that the parking garage provides parking for both the retail uses and the residential uses, the Applicant is required to request reductions in the yard setbacks for the same parking garage.

e. The site and/or existing improvements make strict adherence to the zoning regulations impractical or infeasible.

This relatively small urban site, on which the Applicant proposes to provide a project

with good urban design elements, makes strict adherence to the Zoning Code impractical and infeasible. Only the parking levels for the residential use which encroaches into the side and rear yard setback areas require the Adjustment. The site can accommodate the proposed density of the mixed-use project; however, providing the required setbacks for residential parking is difficult because the site is relatively small. The Applicant must provide adequate ground-level retail uses to encourage pedestrian activity and provide a transition between the proposed mixed-uses and the neighborhood uses. The reduced side and rear yard setbacks are necessary for a good urban design. The citywide Zoning Code requirements for R4 yard setbacks should not be applied to the subject site as they are appropriate for low-density suburban design but not for the Hollywood Community Plan area.

Approval of the requested Adjustment would also allow the Project to be designed

and oriented in a manner that would provide an attractive, landscaped, urban appearance that is appropriate for the site and neighborhood. The Project would enhance the general appearance of Hollywood Boulevard, eradicating blight, and benefiting nearby residents, tenants and patrons of the Project.

6. Site Plan Review Findings. In order for the site plan review to be granted, all six of the

legally mandated findings delineated in Section 16.05-F of the Los Angeles Municipal Code must be made in the affirmative.

a. The project complies with all applicable provisions of this Code and any applicable

specific plan. The proposed project consists of a 270-foot high (inclusive of the proposed accent wall), 20-story, mixed-use project comprised of 176 dwelling units with retail space


totaling 7,200 square feet. The Applicant is proposing to provide 176 residential units within up to 16 floors totaling 166,583 square feet in floor area. The proposed development will include 287 parking spaces for the residential use, 44 parking spaces for guest parking, and 14 parking spaces for the retail use, for a total of 345 parking spaces within a 1 subterranean parking level, 1 at-grade parking level, and 3 above-grade parking levels. The site is zoned C4-2D-SN Zone (northern half of site) and C4-2D Zone (southern half of site) within the Hollywood Community Plan Area and is currently used as a surface parking lot with no existing structures. The subject site, which is comprised of 4 lots and 4 tax parcels, is located on the southwest corner of Hollywood Boulevard and Gower Street. The site currently consists of 44,169.30 square feet (1.1014 acres) prior to the proposed street dedications. After a potential 2-foot dedication along Hollywood Boulevard, a potential 5-foot dedication along Gower Street on the southerly half of the site, and the requested 5-foot merger along Gower Street on the northerly half of the site, the site area would be reduced to 43,889.70 net square feet (1.0076 acres). Frontage along Hollywood Boulevard extends approximately 175 feet with frontage along Gower Street extending approximately 235.36 feet. With adoption of the proposed Zone and Height District Change from C4-2D-SN and C4-2D to [T][Q]C4-2D-SN and [T][Q]C4-2D that would replace the existing “D” Development Limitation, which limits the floor area ratio to 2:1, with a new “D” Limitation to allow a maximum FAR of 4.5:1 on this site, the proposed project would otherwise comply with all applicable provisions of the LAMC, with the exception of the yard setbacks. The Project is seeking an adjustment to permit a zero-foot westerly side yard (including the side yards located at the southwest corner of the site) in lieu of the required 16 feet and a 10-foot rear yard in lieu of the required 20 feet for the parking structure for residential use (in addition to commercial parking) in the C4 Zone. The project site is not located within a Specific Plan area.

b. This project is consistent with the General Plan. The subject property is located within the Hollywood Community Plan, adopted by

the City Council on December 13, 1988. The Plan designates the subject property as Regional Center Commercial which corresponds to the C2, C4, P, and PB Zones. The subject property is currently zoned C4-2D-SN on the northern portion and C4-2D on the southern portion. Although the existing “D” Development Limitation restricts the maximum floor area ratio (FAR) to 2:1, the Hollywood Community Plan Footnote 9 limits development intensity on the site to Height District 2, with a maximum FAR at the project site to 4.5:1. The proposed Zone/Height District Change is being requested to amend the “D” Limitation to allow a maximum FAR of 4.5:1, consistent with the Hollywood Community Plan.

The Hollywood Community Plan Land Use Plan Policies and Programs include

Objectives and Policies for both residential and commercial land uses. The following residential Objectives and Policies are consistent with the proposed project:

Objective 1: To coordinate the development of Hollywood with other parts of the City of Los Angeles and the metropolitan area. To further the development of


Hollywood as a major center of population, employment, retail services, and entertainment…” Objective 3: To make provision for the housing required to satisfy the varying needs and desires of all economic segments of the community, maximizing the opportunity for individual choice. To encourage the preservation and enhancement of the varied and distinctive residential character of the community, and to protect lower density housing form the scattered intrusion of apartments. Objective 4: To promote economic well being and public convenience through:



“The focal point of the Community is the Hollywood Center, located generally on both

sides of Hollywood and Sunset Boulevards between La Brea and Gower Street.” The development of a 20-story, landmark building at the “gateway” into the easternmost section of the historic Hollywood Walk of Fame will be in conformance with the intent and purpose of Community Plan. Additionally, the Project would improve the physical condition of the area by replacing an under-utilized site currently used as a parking lot with an aesthetically appealing mixed-use building.

c. The project is consistent with any applicable adopted redevelopment plan.

The property is located in the Hollywood Redevelopment Project Area. The goals of the Hollywood Redevelopment Project Area are to encourage economic development, develop new housing opportunities, rehabilitate existing residences and businesses, and improve public services and infrastructure. The proposed project is consistent with the adopted redevelopment plan.

d. The project consists of an arrangement of buildings and structures (including height,

bulk and setbacks), off-street parking facilities, loading facilities, loading areas, lighting, landscaping, trash collections and other such pertinent improvements, which is or will be compatible with existing and future development on neighboring properties.

The project site is located on the southwest corner of Hollywood Boulevard and Gower Street in the City of Los Angeles (“project site”). The site has an irregular shape, which encompasses the corner of one city block in the Hollywood community. The proposed project consists of an arrangement of buildings and structures (including height, bulk and setbacks), off-street parking facilities, load areas, lighting, landscaping, trash collections, and other such pertinent improvements which is or will be compatible with existing and future developments, as well as existing and future development on the neighboring properties. The project is not limited by height; rather it is limited by the maximum allowed Floor Area Ratio (FAR). Assuming the requested Zone and Height District Change is


approved, the project will provide a total FAR of 4.5:1, which is consistent with Footnote 9 of the Hollywood Community Plan, which limits development intensity on the site to Height District 2, with a FAR at the project site to 4.5 to 1. The maximum building height proposed is 270 feet (consisting of a 256-foot building height and a 14-foot high accent wall), which is compatible with existing and future developments in the Hollywood Area. Furthermore, the proposed 50-foot height of the parking podium is compatible with the height of The Music Box Theatre to the west to reduce impact. The project’s setbacks and massing are designed in such a way to minimize impacts on the surrounding properties. The proposed mixed-use project will include 1 level of subterranean parking and an above-grade parking podium with 4.5 levels and a maximum height of approximately 50 feet. Above the parking podium is a 16-story residential tower, which is setback about 55 feet from the westerly edge of the parking podium, as well as from The Music Box Theatre, and is setback about 37 feet from the existing commercial property to the south, with the exception of balconies projecting beyond the 37 feet but not into the required 20 foot rear yard area. The maximum proposed height of the residential tower is 256 feet (excluding a proposed accent wall which will extend an additional 14 feet). The Hollywood area is primarily commercially zoned, which does not require yard setbacks for commercial uses. Most of the existing commercial buildings have zero yard setbacks and minimal side and rear yard setbacks. The mixed-use project proposes zero yard setbacks along the street frontages of the site (along Hollywood Boulevard and Gower Street), per LAMC Section 12.22.A.18(c)(3), and a 0-foot westerly side yard setback, including the side yards located at the southwest corner of the project site (in lieu of the required 16 feet,) and a 10-foot rear yard setback (in lieu of the required 20 feet) for the parking levels only. The residential tower will comply with the Code setback requirements. The proposed building setbacks are consistent with the surrounding neighborhood. The requested reductions in the required westerly side and rear yards for the parking garage containing parking for the residential use is typical of similar commercial uses in commercial zones. The Project would also provide sufficient parking spaces, for a total of approximately 345 spaces. The project is providing 5 spaces for each 1,000 square feet for commercial use, for a total of 36 spaces, which exceeds the requirement for projects located in the Hollywood CRA as well as the Enterprise Zone to provide 2 parking spaces for each 1,000 square feet of floor area. For the residential use, the project is providing 1.5 on-site parking spaces per dwelling unit plus 0.25 on-site guest spaces per dwelling unit. This requirement exceeds the Code provisions and consistent with other high-rise residential buildings in dense areas, but less than the 2.5 parking spaces per unit for condominium uses in parking congested areas. The loading area and commercial and residential trash areas will be interiorly located on the ground floor of the proposed project. The project’s lighting is to be designed by taking safety precautions, with all exterior lighting shielded or directed down toward the proposed building to prevent spillover onto neighboring properties. The project site will be attractively landscaped at the ground-level and Terrace Level (Level 5). The Applicant proposes to provide the required amount of Open Space. The project requires 19,275 square feet of total Open Space and proposes 19,275 square feet of Open Space, which includes both Common and Private Open Space.


Of the total proposed Open Space, 12,575 square feet (65%) will be provided as Common Open Space and 6,700 square feet will be provided as Private Open Space (35%). The proposed Common Open Space, which will be available to all residents of the project, will be located on Terrace Level and also includes the indoor residential amenities (fitness and recreation rooms). The project will satisfy the 1 tree per 4 unit requirement with 44 on-site/street trees. The surrounding neighborhood is characterized by low-rise commercial uses, all of which complement the proposed subdivision, while the general project vicinity consists of more high-rise uses. The property across Hollywood Boulevard to the north is developed with a commercial building (Pep Boys with service station) with a surface parking lot on the corner and the adjoining property to the northeast is developed with a 2-story commercial building. The property across Gower Street to the east is developed with a 2-story and 1-story commercial building. The adjoining property to the south is developed with a 2-story commercial building. The adjoining property to the west is developed with The Music Box & Fonda (Henry Fonda Theater).

e. The project incorporates feasible mitigation measures, monitoring measures when

necessary, or alternatives identified in the environmental review that would substantially lessen the significant environmental effects of the project, and/or any additional findings as may be required by CEQA.

On June 10, 2010, a Environmental Impact Report No. ENV-2007-5750-EIR (State Clearinghouse No. 2008011113) was prepared for the proposed project. All mitigation measures and other requirements have been made a part of this action. The Final EIR has identified unavoidable significant impacts. Section 21081 of the California Public Resources Code and Section 15093(b) of the CEQA Guidelines provide that when the decisions of the public agency allows the occurrence of significant impacts identified in the Final EIR that are not substantially lessened or avoided, the lead agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. Article I of the City’s CEQA Guidelines incorporates all of the State CEQA Guidelines and requires that the decision maker adopt a Statement of Overriding Considerations at the time of approval of a Project if it finds that significant adverse environmental effects identified in the Final EIR cannot be substantially lessened or avoided. These findings and the Statement of Overriding Considerations are based on substantial evidence in the record, including but not limited to the Final EIR, the source references in the Final EIR, and other documents and material that constitute the record of proceedings.

f. Any project containing residential uses provides its residents with appropriate type and placement of recreational facilities and service amenities in order to improve habitability for the residents and minimize impacts on neighboring properties where appropriate.

The project includes specific dedicated areas for residential social and recreation functions. The Applicant proposes 19,275 square feet of open space which will provide both private and common outdoor space for the residents, in compliance with LAMC Open Space requirements.


Furthermore, Yucca Community Center is located at 6671 Yucca Street, less than a mile from the subject site. Yucca Community Center provides barbecue pits, basketball courts (lighted/outdoor), children’s play area, handball courts (lighted), picnic tables, a soccer field (lighted), benches, and a picnic area. Also, a little over a mile away is the Hollywood Recreation Center located at 1122 Cole Avenue. The Hollywood Recreation Center provides an auditorium, basketball courts, children’s play area, community room, kitchen, and multipurpose sports field. Also, youth sports programs at the Hollywood Recreation Center include, but not limited to, baseball league, basketball, Junior golf, and karate.

Additionally, less than a mile and a half away from the subject site is the entrance to Griffith Park at Los Feliz Boulevard and Western Avenue. This Park, encompassing over 4,000 acres of natural terrain, is the United States' largest municipal park. Within Griffith Park is the newly renovated Griffith Observatory and planetarium. In addition to the observatory and Greek theater, Griffith Park hosts the Los Angeles Zoo, the Museum of the American West, and a merry-go-round. The Hollywood Sign is also located within Griffith Park. Additionally, there are two 18-hole golf courses (as well as the 9-hole Roosevelt Golf Course), a baseball field, and athletic fields, along with several basketball and tennis courts on the grounds. The park also has a swimming pool and many hiking and equestrian trails within the mountains.

Therefore, the open space provided on-site and the nearby public parks and recreational centers provide appropriate amenities and facilities for the project’s residents and are expected to minimize impacts on neighboring properties.

7. Environmental.

The Department of City Planning, acting as Lead Agency, determined that an EIR, in accordance with State CEQA Guidelines Section 15081, would be the appropriate approach under CEQA for the proposed project.

The Department of City Planning issued Environmental Impact Report No. ENV-2007-5750-EIR (State Clearinghouse No. 2008011113) dated June 10, 2010. The project described below has been completed in compliance with the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq. In connection with the following approvals granted to 6104 Hollywood, LLC (the “Applicant”). This Final EIR is being certified in connection with all discretionary or ministerial approvals and permits required to implement the Hollywood & Gower project.

Project Characteristics

The proposed project involves demolition of the existing parking lot and construction of an approximately 197,504-square foot mixed-use development that would rise to 20 stories and would contain one subterranean parking level and four above-grade parking levels. The proposed building would extend approximately 270 feet in height and would contain approximately 7,200 square feet of retail space and 176 residential units. The proposed project would potentially include a 2-foot street dedication along Hollywood Boulevard and a 5-foot dedication along the southern half of the property’s frontage along Gower Street. A 5-foot merger is being request along the northern half of the property’s frontage along Gower Street. The project site is currently zoned C4-2D-SN and C4-2D. The existing “D” Limitation restricts total Floor Area Ratio (FAR) on the project site to 2:1 (per Ordinance No. 165,662, effective May 7, 1990.) In order to allow for the proposed project, the


Applicant proposes to rezone the project site such that the current “D” Limitation of 2:1 maximum FAR would be removed and replaced with a new “D” Limitation allowing a maximum FAR of 4.5:1, consistent with the existing Regional Center Commercial land use designation. This would permit approximately 197,504 square feet of total floor area (after dedications.)

The proposed mixed-use structure would be irregular in shape and would be sited with the tallest portions of the building towards the northeastern corner of the project site. The single subterranean level will include residential parking. The first floor would contain 7,200 square feet of retail space along Hollywood Boulevard and Gower Street, a residential lobby at the corner of Hollywood and Gower and a portion of the parking garage for residential and commercial uses. Residential pedestrian access will be provided via a residential lobby located the corner of Hollywood and Gower. The retail space would be located along Hollywood Boulevard and Gower Street to create a commercially-oriented street level presence. Vehicular access for both residential and retail customers will be located along Gower Street. Levels two through four would consist of the podium style parking garage which, in combination with the parking on the ground floor and subterranean level, would provide a total of 345 parking spaces or consistent with Condition No. 20 b and c. Level five would provide various resident-only indoor and outdoor residential amenities. Amenities would include outdoor recreational features such as a pool, a spa and a BBQ area. Indoor residential amenities would include a fitness center, a lounge complete with bar and kitchen, and a screening room. Levels six through nineteen would consist of the residential tower providing a total of 176 residential units. The 176 residential units would be comprised of a mixture of 25 studio units, 107 one-bedroom units, 42 two-bedroom units, and 2 three-bedroom units. Level 20 would include approximately 5,300 square feet of useable space, including a sky lounge and a covered roof terrace bar. The remaining area of level 20 will house mechanical equipment. The total open space provided in the structure is approximately 19,275 square feet. Located on the upper rooftop would be an emergency helistop.

CEQA Process

A Notice of Preparation for the Draft EIR was circulated for a 30-day review period starting on January 28, 2008, and ending on February 27, 2008. Appendix B of the Draft EIR includes copies of written comments submitted to the Planning Department in response to the NOP. Based on public comments in response to the NOP, the Initial Study and a review of environmental issues by the City, the Draft EIR analyzed the following environmental impact areas:

Aesthetics Hazards & Hazardous Materials Public Services

“ Agricultural Resources Hydrology/Water Quality “ Recreation

Air Quality Land Use/Planning Transportation/Traffic

“ Biological Resources “ Mineral Resources Utilities/Service Systems

Cultural Resources Noise “ Mandatory Findings of Significance

Geology/Soils Population/Housing

On October 15, 2009, the City released the Draft EIR for public comment. The comment period was 45 calendar days, ending on November 30, 2009. The Final EIR consists of


the project Environmental Assessment Form, the Initial Study, the Draft EIR and appendices attached thereto, and the Final EIR and appendices attached thereto.

Section 21081 of the California Public Resources Code and Section 15091 of the State CEQA Guidelines (the “Guidelines) require a public agency, prior to approving a project, to identify significant impacts of the project and make one or more of three possible findings for each of the significant impacts.

A. The first possible finding is that “changes or alterations have been required in, or

incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)); and

B. The second possible finding is that “such changes or alterations are within the

responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.” (Guidelines Section 15091(a)(2)); and

C. The third possible finding is that “specific economic, legal, social, technological, or

other considerations, including provision of employment opportunities for highly trained workers, make infeasible, the mitigation measures or project alternatives identified in the final EIR.” (Guidelines, Section 15091(a)(3)).

The Department of City Planning served as the Lead Agency under CEQA with respect to the Project and based on all the foregoing information, the City decision-maker must find that: 1. Pursuant to Public Resources Code Section 21081(a)(1), that changes or alterations

have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment as identified in the Final EIR; and

2. Pursuant to State CEQA Guidelines Section 15091(a)(1), that changes or alterations

have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; and

3. The Final EIR has been completed in compliance with CEQA and is adequate under

CEQA for approval of the Director’s Determinations and all other City permits, entitlements, and discretionary approvals for the Project; and

4. Project alternatives that substantially reduce or avoid the project’s significant

environmental impacts are rejected as infeasible, for the reasons set forth in Section F.

Upon certification of the Final EIR by the City of Los Angeles, a variety of discretionary and ministerial actions will be required, including, but not limited to:

• Vesting Tentative Tract Map (VTT 70119) to permit a merger and resubdivision of 7

lots into 6 lots (1 master ground lots and 5 airspace lots) for 176 residential condominiums and 3 commercial condominiums with 345 parking spaces on a 43,890 net square-foot (1.01 acre) site in the proposed [T][Q]C4-2D-SN and [T][Q]C4-2D Zones. Also, approval of a variable 5-foot width merger of a portion of Gower Street as dedicated in Instrument No. 212, recorded January 4, 1971.


• Zone and Height District Change from C4-2D-SN and C4-2D to [T][Q]C4-2D-SN and [T][Q]C4-2D, respectively, with a new “D” Development Limitation to allow a maximum floor area ratio of 4.5:1.

• Zoning Administrator’s Adjustment from Section 12.16-C,2 to permit a zero-foot westerly side yard (including the side yards located at the southwest corner of the site) in lieu of the required 16 feet and a 10-foot rear yard in lieu of the required 20 feet for the parking structure for residential use in the C4 Zone.

• Site Plan Review for a project that results in a net increase of 50 or more dwelling units.

• Project Permit Compliance with the Hollywood Signage Supplemental Use District, Ordinance No. 176,172, to permit signs in conformance with the applicable regulations of the Hollywood Signage Supplemental Use District.

o The City has adopted a prohibition on super graphic and off-site signage such as those studied in the Draft EIR. However, as noted in LAMC Sections 14.4.4.B.9 and 14.4.4.B.ll, exceptions to these prohibitions will be permitted to the extent deemed constitutional in the resolution of the court case, World Wide Rush, LLC v. City of Los Angeles, U.S. District Court Case No. CV-07-238, ABC. This case was decided in the City’s favor on May 26, 2010 and allows these exceptions pursuant to a legally-adopted specific plan, supplemental use district (such as the Hollywood Signage SUD), or an approved development agreement. As a result of such case, the City has undertaken to amend the Hollywood SUD.

o The Applicant has submitted an application to allow all of the signage described in the EIR. If the Hollywood SUD amendment, as finally adopted by the City, permits the project’s signage, then it will be included as part of the implementation of the proposed project. Otherwise, the disallowed portions of the signage program will not be included as part of the implementation of the proposed project.

• Associated approvals and permits for project construction activities including, but not limited to the following: demolition, excavation, shoring, grading, foundation, building permits and tenant improvements.

• Regulatory permits for construction activities from the Regional Water Quality Control Board, and the South Coast Air Quality Management District, as applicable.

A. Impacts Found to be Less than Significant (No Significant Impacts Would

Occur and No Mitigation Required)

The Planning Department has determined that there is no substantial evidence that the proposed project would result in any potentially significant impacts in the environmental subject areas presented below and no mitigation is required.

1. Aesthetics

Aesthetic Value and Image Scenic Vista Scenic Highway Natural Open Space Scale, Massing and Urban Design Applicable Guidelines and Regulations Walkability Checklist Signage Shade/Shadow Light and Glare


Nighttime Lighting Cumulative Impacts – Visual Cumulative Impacts – Shade/Shadow Cumulative Impacts – Light and Glare

2. Agricultural Resources

Conversion of Farmland 3. Air Quality

AQMP Consistency Construction - Toxic Air Contaminants Operations - Regional Operational Emissions Localized Air Quality Impacts – Operational Local CO Concentrations Toxic Air Contaminants Odors Global Climate Change Cumulative Impacts Construction Impacts Regional Operational Impacts Local Operational Impacts Greenhouse Gas Emissions

4. Biological Resources

Impact on Species Impact on Riparian Habitat Impact on Wetlands Impact on Migration and Wildlife Corridors Impact on Local Policies Regarding Biological Resources Impact on Habitat Conservation Plan

5. Cultural Resources

Historic Resources - Project Site Historic Resources Nearby Historic Resources – Operational Impacts

6. Geology and Soils

Alternative Waste Water Disposal Seismic Hazards - Ground Surface Rupture Ground Shaking Liquefaction Landslides Subsurface Conditions Expansive Soils Cumulative Impacts

7. Hazardous Materials / Risk of Upset

Hazardous Material sites, Airport sites, Wildlands Construction - PCBs Asbestos-Containing Materials (ACMs) Lead-Based Paint (LBP) Methane Gas Emergency Access - Construction


Routine Transport, Use, and Disposal - Operations Accidental Release Cumulative Impacts

8. Hydrology

Groundwater Surface Water Hydrology Tsunami & Seiche Flooding Cumulative Impacts

9. Land Use Planning

Physically Divide an Established Community Conflict with Applicable Conservation or Natural Community Conservation Plans Land Use Consistency City of Los Angeles General Plan Framework Element City of Los Angeles General Plan Other Elements Hollywood Community Plan Hollywood Redevelopment Plan Hollywood Signage Supplemental Use District Los Angeles Municipal Code Height/Floor-Area-Ratio Density Setback Requirement Parking Regional Comprehensive Plan and Guide Walkability Checklist Land Use Compatibility Cumulative Impacts

10. Mineral Resources

Known Mineral Resources 11. Noise

Noise - Airport sites Construction Vibration – Building Damage Construction Vibration – Human Annoyance Operational Noise - HVAC Systems Operational Noise - On-Site Parking Facilities Off-site Vehicular Noise Operational Vibrations Cumulative Operational Noise

12. Population and Housing Direct Growth - Population Direct Growth - Housing Construction-Related Population and Housing Growth Indirect Growth - New Employees Extension of Infrastructure Housing or Population Displacement Cumulative Impacts Cumulative Population and Housing Growth within the Community Plan Area


Population Growth Due to Permanent Jobs 13. Public Services

Fire Services - Operation Response Distance Emergency Access Fire Flows LAFD Review Fire Services - Cumulative Impacts Parks & Recreation Police Services—Cumulative Impacts Schools - Cumulative Impacts Library Services—Cumulative Impacts

14. Public Utilities

Solid Waste--Construction Solid Waste - Operation Solid Waste Cumulative Impacts Wastewater Cumulative Impacts Water Supply - Construction Water Supply - Cumulative Impacts Electricity Cumulative Impacts Natural Gas Natural Gas Cumulative Impacts

15. Traffic / Transportation / Parking

Air Traffic Patterns Traffic Impacts - Operational Traffic Hazards From Design Features Inadequate Emergency Access Policies, Plans and Programs Supporting Alternative Transportation Traffic Impacts – Future Conditions CMP Traffic Analysis CMP Freeway Analysis Special Events Consistency with Applicable Parking Requirements and Policies

B. Impacts Determined to be Potentially Significant, but can be

Mitigated to Less Than Significant Levels

1. Air Quality Impacts Localized Air Quality Impacts – Construction The City adopts the CEQA Findings III.A, which states that “changes or

alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, the local air quality impacts from construction of the proposed project would be less than significant.

2. Cultural Resources Impacts

Historic Resources


Construction Impacts Archaeological Resources Paleontological Resources Human Remains Cumulative Impacts

If subsurface cultural resources are protected upon discovery as required by law,

and after implementation of Mitigation Measures, impacts to those resources would be cumulatively less than significant and would not be cumulatively considerable. The City adopts CEQA Finding III.A, which states that “changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project to cultural resources would be less than significant.

3. Geology and Soils Impacts Erosion and Topsoil The City adopts CEQA Finding III.A, which states that “changes or alterations

have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project to geology and soils would be less than significant.

4. Hazardous Materials / Risk of Upset Impacts

Construction Underground Storage Tank Routine Transport, Use, and Disposal - Construction

The City adopts CEQA Finding III.A, which states that “changes or alterations

have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project from hazardous materials and/or risk of upset would be less than significant.

5. Hydrology – Water Impacts

Water Quality Impacts Surface Water Quality


have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project to hydrology and water resources would be less than significant.

6. Noise Impacts

Vibration from Construction Operational Noise – Vehicular Noise on On-Site Residential Uses



have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, construction vibration and operational noise impacts would be less than significant.

7. Public Services Impacts

Fire Services - Construction Police Services—Construction Police Services - Operation School Services - Operations Parks & Recreation - Operational Parks - Cumulative Impacts


have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project to the public services discussed above would be less than significant.

8. Public Utilities Impacts

Waste Water Water Supply


have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project to the public utilities discussed above would be less than significant.

9. Traffic and Transportation Impacts Construction Traffic and Parking Impacts The City adopts CEQA Finding III.A, which states that “changes or alterations

have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (Guidelines Section 15091 (a)(1)). With the implementation of Mitigation Measures, impacts from the proposed project to construction parking would be less than significant.

C. Significant Unavoidable Impacts That Cannot Be Mitigated to Less-Than-

Significant Levels.

The City of Los Angeles determines that the following impacts are significant and unavoidable. In order to approve the project with significant unmitigated impacts, the City will be required to adopt a Statement of Overriding Considerations. 1. Noise & Vibration (Construction) Significant Effects


Construction-related noise impacts associated with the proposed project would

be reduced to the maximum extent feasible through implementation of the Mitigation Measures I-1 through I-9. Nonetheless, construction activities are expected to generate intermittent noise levels in excess of 10 dBA over ambient conditions on any one day or more than 5 dBA lasting more than 10 days during the construction process, which would be considered a significant, but temporary impact upon nearby noise sensitive properties. Development of the proposed project would require the use of heavy equipment for site clearing, site grading and excavation, and building construction. Development activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of development, there would be a different mix of equipment operating and noise levels would vary based on the amount of equipment in operation and the location of the activity.

Noise from construction activities would primarily affect three sensitive receptors

(i) the Music Box Theater, located directly adjacent and west of the project site; (ii) a recording facility, located approximately 75 feet to the east of the project site, on the east side of Gower Street; and (iii) single-family residences, located approximately 230 feet to the southeast of the project site. The peak construction noise levels could periodically be experienced by the off-site sensitive receptors in a range from approximately 72.7 dBA at the single-family residences located southeast of the project site to approximately 106 dBA at the Music Box Theater located directly west of the project site, with the use of mufflers on the construction equipment.

Therefore, construction noise could exceed existing ambient exterior noise levels

by more than 10 dBA for more than one day and more than 5 dBA for more than 10 days in a three-month period. It should be noted that these noise disturbances would be temporary in nature and the peak activities would likely occur over the first four months of construction during the site clearing and grading phases. The use of mufflers on construction equipment could reduce their noise levels by an average of 3 dBA. Nevertheless, the resulting noise levels would still exceed the thresholds of significance for construction noise. As such, even with the implementation of the mitigation measures provided, impacts with respect to construction noise on the three sensitive receptors described above would still be considered significant.

With implementation of Mitigation Measure I-2, which requires that vibration-

generating equipment and vehicles be located as far from vibration-sensitive sites as possible, the construction-related vibration impacts associated with human annoyance resulting from construction of the project would be reduced. Nevertheless, vibration levels exceeding the FTA’s threshold of 65 VdB for land uses where vibration would interfere with interior operations can still be expected at the Music Box Theater and at the nearby recording facility. Therefore, the construction-related vibration impacts associated with human annoyance at these two off-site locations would remain significant and unavoidable despite implementation of all feasible mitigation measures.

All feasible mitigation measures to substantially reduce the projects significant

construction-related noise and vibration impacts have been incorporated into the proposed project. Despite these measures, construction-related noise and


vibration impacts may remain temporarily and periodically significant and unavoidable.

2. Noise (Cumulative Construction Noise and Vibration) Significant Effects Future construction in the vicinity of the project site could result in a cumulatively

considerable impact in terms of substantial temporary or periodic increases in ambient noise levels. There is one future project (Related Project No. 23, which is a hotel and specialty retail development at 6107 Hollywood Blvd.), located directly across the street from the project site. Although it is not known exactly when the construction would begin on such related project, there is potential for construction activities to overlap with the project. Although the noise generated from the related project across the street would not necessarily combine (in an additive sense) with the project to result in increased total noise levels, the related project would be considered an additional source of noise that could disturb the adjacent sensitive receptors. If construction of the project and the related project were to occur simultaneously, the culmination of the construction vibration levels from these two sites would result in a substantial increase in ambient noise levels at the nearby sensitive receptors (i.e., Music Box Theater) in the general area.

It should be noted that all construction activities associated with related projects

and the project that would occur in close proximity to occupied residences would be prohibited between the hours of 2:00 P.M. and 6:00 A.M. Monday through Friday, and before 8:00 A.M. and after 6:00 PM on Saturday in accordance with LAMC Section 41.40 and the revised mitigation measures. Site clearing and construction would not occur on Sundays and all federal holidays. Therefore, they would not occur during recognized sleep hours for residences. Nonetheless, the contribution of the project to the potential cumulative construction impact would be cumulatively considerable.

No feasible mitigation exists exist to address cumulative impacts except those

project-specific mitigations already incorporated into the project to address the project’s construction-related noise and vibration.

All feasible mitigation measures to substantially reduce the projects significant

construction-related cumulative noise and vibration impacts have been incorporated into the project. Despite these measures, construction-related cumulative noise and vibration impacts may remain temporarily and periodically significant and unavoidable.

3. Traffic and Transportation – Operations Significant Effects Expected ambient traffic growth and traffic increases from other developments in

and around the project vicinity will have a substantial detrimental effect on traffic conditions throughout the study area. As compared to the existing (2007) conditions, where only four intersections exhibited Level of Service (LOS) E or F conditions during the peak hours, by the future year 2011, a total of nine intersections are expected to operate at LOS E or F during at least one of the peak hours, with four of these locations showing LOS F conditions during both the AM and PM peak hours. Further, the ambient and related projects’ traffic growth, coupled with a lack of available roadway improvements along the major


surface street corridors in the area, will result in high congestion levels along most of the key travel facilities in the project vicinity, with a number of intersections exhibiting traffic volume demands in excess of 100 percent of their design capacities, with a few locations forecast to experience traffic demands ranging from 125 to 175 percent of capacity. These conditions are indicative of a substantial breakdown in corridor-level operations, with stop-and-go traffic flow and significant delays extending well beyond the typical peak periods.

After it is completed, proposed project will generate traffic that will add to the

cumulative traffic increases expected in the project vicinity, and could also have an effect on the operations of the study intersections. The net traffic from the proposed development could be expected to produce a significant impact at two of the 13 study intersections examined during both the AM and PM peak hours – in particular, the site adjacent intersection of Hollywood Boulevard and Gower Street, and at Gower Street and Sunset Boulevard (collectively, the “Two Intersections”).

The project will be responsible for mitigating, to the extent feasible, the traffic-

related impacts of its own development, and therefore, a number of preliminary roadway improvements were identified and presented to LADOT for consideration. The LADOT determined that the recommended mitigation measures were infeasible due to the potential for significant secondary impacts (primarily the removal of existing on-street parking within the study area). However, the LADOT recommended Mitigation Measures L-3 through L-5, including upgrading certain nearby traffic signal controllers, installation of new traffic cameras, and Applicant’s development of a Transportation Demand Management program, to reduce to the extent feasible the traffic impacts of the proposed project.

All feasible mitigation measures to substantially reduce or avoid the projects

significant operational traffic impacts have been incorporated into the proposed project. Despite these measures, operational traffic impacts at the Two Intersections may remain significant and unavoidable.

D. Significant Irreversible Environmental Changes

Section 15126.2(c) of the State CEQA Guidelines states that the “uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely.” Section 15126.2(c) further states that “irretrievable commitments of resources should be evaluated to assure that such current consumption is justified.”

The types and level of development associated with the project would consume limited, slowly renewable and non-renewable resources. This consumption would occur during construction of the project and would continue throughout its operational lifetime. The development of the proposed project would require a commitment of resources that would include (1) building materials, (2) fuel and operational materials/resources and (3) the transportation of goods and people to and from the project site.


Construction of the project would require consumption of resources that are not replenishable or which may renew slowly as to be considered non-renewable. These resources would include certain types of lumber and other forest products, aggregate materials used in concrete and asphalt (e.g., sand, gravel and stone), metals (e.g., steel, copper and lead), petrochemical construction materials (e.g., plastics) and water. Fossil fuels, such as gasoline and oil, would also be consumed in the use of construction vehicles and equipment.

The commitment of resources required for the type and level of proposed development would limit the availability of these resources for future generations for other uses during the operation of the project. However, this resource consumption would be consistent with growth and anticipated change in the City of Los Angeles and the Southern California region.

E. Growth Inducing Impacts

Section 15126.2(d) of the State CEQA Guidelines requires a discussion of the ways in which a proposed project could induce growth. This includes ways in which a project would foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Section 12126.2(d) of the State CEQA Guidelines states:

“Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas). Increases in the population may tax existing community service facilities, requiring construction of new facilities that could cause significant environmental effects. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment.”

The proposed project would foster economic growth and revitalize a blighted and underutilized area by adding residents and businesses to the project site. These residents could, in turn, patronize existing local businesses and services in the area. The proposed project would increase the permanent population of the area by approximately 405 persons. The increased residential population would patronize local businesses and services in the area, which would foster economic growth. As shown in Section IV.J of the Draft EIR, the proposed project’s impacts on population, housing and employment would be less than significant. In addition, the proposed project would not induce growth in an area that is not already developed with infrastructure to accommodate such growth. Off-site utility infrastructure adjacent to the sites would adequately service the proposed project. Further, the proposed project, as an in-fill development, would be adequately served by existing public services such as fire, police, and public schools.


F. Alternatives

CEQA requires that an EIR analyze a reasonable range of feasible alternatives that could substantially reduce or avoid the significant impacts of the proposed project while also meeting the project’s basic objectives.

The Draft EIR considered a reasonable range of alternatives to the project to provide informed decision-making in accordance with Section 15126.6 of the State CEQA Guideline. By analyzing 4 specific alternatives, the Project EIR meets the requirements of CEQA.

The four alternatives analyzed for the proposed Hollywood & Gower project include: Alternative 1: No Build/No Project Alternative Alternative 2: Reduced Density Alternative Alternative 3: Existing Zoning Alternative Alternative 4: Reduced Height Alternative The Project objectives of the proposed Hollywood & Gower mixed use project are as follows:

• Reuse and redevelop the currently underutilized project site to provide housing

and retail space to serve the local community. • Replace a parking lot with a mixed-use tower that will help define the gateway of

Hollywood. • Maximize the amount of housing provided on the project site to address housing

needs in the community. • Provide ground floor retail consistent with the City’s walkability policies and urban

design priorities. • Provide a development that is compatible and complementary with surrounding

land uses. • Provide manifest signage consistent with the Hollywood Signage Supplemental

Use District that contributes to the eastern gateway to Hollywood and fulfills the identity and commerce objectives of Regional Center development.

• Provide a mixed use project in close proximity to numerous public transportation options for the purpose of reducing vehicular trips.

• Mitigate, to the extent feasible, the potential environmental impacts of the proposed project.

Section 15126.6(c) of the CEQA Guidelines requires EIRs to identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process, and briefly explain the reasons underlying the lead agency’s determination. The Draft EIR includes a thorough discussion of alternatives rejected as infeasible.

In addition to the discussion and comparison of impacts of a proposed project and the alternatives, Section 15126.6 of the CEQA Guidelines requires that an “environmentally superior” alternative be selected and the reasons for such a selection disclosed. In general, the environmentally superior alternative is the alternative that would be expected to generate the least amount of adverse impacts. In this case, the No Build/No Project Alternative would result in the least impacts on the existing environment. However, Section 15126.6(e)(2) of the CEQA Guidelines


states if the No Project Alternative is the environmentally superior alternative, then the EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the alternatives analysis provided above and Alternatives Comparison Table, Alternative 2, the Reduced Density Alternative is considered to be the environmentally superior alternative, since it would slightly reduce the proposed project’s significant construction noise impacts and would have a lesser impacts in general. However, noise impacts, like the proposed project, would remain significant and unavoidable.

The Reduced Density Alternative is rejected as infeasible because it would not meet the basic project objectives. In particular, it would not meet the housing, retail and viability objectives of the project.

The City finds that the EIR studied a reasonable range of alternatives and the associated potential environmental impacts of each alternative.

G. Statement of Overriding Considerations

The Final EIR has identified unavoidable significant impacts. Section 21081 of the California Public Resources Code and Section 15093(b) of the CEQA Guidelines provide that when the decisions of the public agency allows the occurrence of significant impacts identified in the Final EIR that are not substantially lessened or avoided, the lead agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. Article I of the City’s CEQA Guidelines incorporates all of the State CEQA Guidelines contained in Title 15, California Code of Regulations, Sections 15000 et seq. And thereby requires, pursuant to Section 15093 (b) of the CEQA Guidelines, that the decision maker adopt a Statement of Overriding Considerations at the time of approval of a Project if it finds that significant adverse environmental effects identified in the Final EIR cannot be substantially lessened or avoided. These findings and the Statement of Overriding Considerations are based on substantial evidence in the record, including but not limited to the Final EIR, the source references in the Final EIR, and other documents and material that constitute the record of proceedings.

Accordingly, the City adopts the following Statement of Overriding Considerations. The City recognizes that significant and unavoidable impacts will result from implementation of the Project. Having (i) adopted all feasible mitigation measures, (ii) rejected as infeasible alternatives to the Project, (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of the Project against the Project’s significant and unavoidable impacts, the City hereby finds that the each of the project’s benefits, as listed below, outweighs and overrides the significant unavoidable impacts of the Project.

Summarized below are the benefits, goals and objectives of the Project. These provide the rationale for approval of the proposed Project. Any one of the overriding considerations of economic, social, aesthetic and environmental benefits individually would be sufficient to outweigh the significant unavoidable impacts of the Project and justify the approval, adoption or issuance of all of the required permits, approvals and other entitlements for the Project and the certification of the completed Final EIR. Despite the unavoidable impacts of the project, the City approves the project based on the following contributions of the Project to the community:


• High-Quality Urban Design located at the eastern gateway to Hollywood; • Transit-Oriented Development locating housing units within 1/3 of a mile from the

Metro Red Line Station and adjacent to Hollywood Boulevard Metro bus stops; • Aid in alleviating blighted conditions (site is currently a surface parking lot); • Pedestrian-Friendly, Community-Sensitive Design activating this corner site 24

hours a day, 7 days a week with ground-floor retail services during business hours and a residential lobby with a full time (24 hour) concierge, valet, and security;

• Pulled back building design at ground level to allow for wider sidewalks and promote pedestrian activity;

• Ground-Floor Neighborhood-Serving Retail Space on both Hollywood Boulevard and Gower Street;

• Sustainable construction with a LEED Silver Certification target which surpasses the City’s requirements imposed by the recently adopted Green Building Ordinance;

• Sensitive design in relation to the adjacent historic Music Box (at Henry Fonda) Theatre;

• Transportation Demand Management Program • Increased tax revenue for City • Stimulate economic development via construction and by adding temporary and

permanent jobs to the Hollywood market; • Good Faith Effort to meet target goals for minority owned and woman owned

business hiring practices; and • Good Faith Effort to meet target goals for local hiring practices.

H. Mitigation Monitoring Program

In accordance with the Requirements of Public Resources Code § 21081.6, the City must adopt the Mitigation Monitoring Program, which is described in full in Section IV of the Final EIR, and is incorporated herein by this reference. The City reserves the right to make amendments and/or substitutions of mitigation measures if the City determines that the amended or substituted mitigation measure will mitigate the identified potential environmental impacts to at least the same degree as the original mitigation measure, and where the amendment or substitution would not result in a new significant impact on the environment which cannot be mitigated.

I. Consideration of Record; Independent Judgment

In approving the proposed project, the City decision-makers have reviewed and considered the Draft EIR and appendices, the Final EIR and appendices, and all other pertinent evidence in the record of proceedings.

The Applicant’s consultants prepared the screencheck versions of the Draft EIR, Final EIR and Traffic Study. All such materials and all other materials related to the EIR were extensively reviewed and, where appropriate, modified by the Planning Department or other City representatives. As such, the Draft EIR, Final EIR, Traffic Study, and all other related materials reflect the independent judgment and analysis of the Lead Agency.


J. Substantial Evidence

The City finds and declare that substantial evidence for each and every finding made herein is contained in the Draft EIR, Final EIR, Traffic Study, and other CEQA related materials, the administrative record, staff reports, information provided by the applicant, each of which are incorporated herein by this reference. Moreover, the City finds that where more than one reason exists for any finding, each reason independently supports such finding, and that any reason in support of a given finding individually constitutes a sufficient basis for that finding.

K. Relationship of Findings to EIR

These Findings are based on the most current information available. Accordingly, to the extent there are any apparent conflicts or inconsistencies between the Draft EIR and the Final EIR, on the one hand, and these Findings, on the other, these Findings shall control and the Draft EIR and Final EIR or both, as the case may be, are hereby amended as set forth in these Findings.

L. Project Conditions of Approval

Each of the project features and mitigation measures referenced herein shall be conditions of project approval to be monitored and enforced by the City pursuant to the building permit process and the Mitigation Monitoring Program. To the extent feasible, each of the other findings and conditions of approval made by or adopted by the City in connection with the project are also incorporated herein by this reference.

M. Custodian of Documents

The custodian of the documents or other material which constitutes the record of proceedings upon which the Director’s decision is based is the City of Los Angeles, Planning Department, located at 200 North Spring Street, Room 750, Los Angeles, California 90012.

N. Recirculation Not Required (a) CEQA requires that the lead agency recirculate an EIR when significant new

information is added to the EIR after public notice of its availability has previously been given but prior to its certification. "Significant new information" requiring recirculation include, for example, a disclosure showing that:

(1) A new significant environmental impact would result from the project or from

a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would

result unless mitigation measures are adopted that reduce the impact to a level of insignificance.

(3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project's proponents decline to adopt it.

(4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.


(b) Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR.

(c) If the revision is limited to a few chapters or portions of the EIR, the lead agency

need only recirculate the chapters or portions that have been modified. (d) Recirculation of an EIR requires notice pursuant to Section 15087, and

consultation pursuant to Section 15086. (e) A decision not to recirculate an EIR must be supported by substantial evidence

in the administrative record O. The Final EIR document changes to the Draft EIR.

The Final EIR provides additional analysis that was not included in the Draft EIR. Furthermore, the Final EIR Responses To Comments fully considered and responded to comments claiming that the Project would have significant impacts or more severe impacts not disclosed in the Draft EIR and includes substantial evidence that none of these comments provided substantial evidence that Project would result in changed circumstances, significant new information, considerably different mitigation measures, or new or more severe significant impacts than were discussed in the Draft EIR.

The City staff and the Advisory Agency have thoroughly reviewed the public comments received regarding the Project and the Final EIR to determine whether any of the public comments provide substantial evidence that would require recirculation of the EIR prior to its adoption.

Case No. CPC-2008-3087-ZC-HD-ZAA-SPR P-1

PUBLIC HEARING AND COMMUNICATIONS Hearing A public hearing conducted by the Hearing Officer on this matter was held at the Los Angeles City Hall on Wednesday, August 25, 2010. 1. Present: The Applicant (Rick Stinson, 6104 Hollywood, LLC), the Applicant’s

representatives (Craig Lawson and Jessica Pakdaman), the Applicant’s Land Use Consultant (Dale Goldsmith), the Applicant’s Architect (Donald Getman), and community members.

2. Initial Indication and Testimony: The Applicant’s team introduced the project in more depth

and described the various sought entitlements. Questions were raised by the Hearing Officer to clarify issues related to density and height, environmental impacts, public outreach, parking and circulation, and community benefits.

In Support: - Leron Gubler, Hollywood Chamber of Commerce. - Ed Hunt, Hollywood Studio District Neighborhood Council. In support of overall project.

However, as it will replace a surface parking lot and other parking lots are being developed as well, more parking is needed.

In Opposition: - Doug Haines, La Mirada Neighborhood Association. More parking should be required for

a condo project than what is proposed (initial proposal provided for apartments, which is much lower). Low-income housing should be provided, or at least payment into low-income funds. There doesn’t seem to be real community benefits. The height of 20 stories is too high. EIR is inadequate.

Other Comments: Dale Goldsmith responded to some of the concerns that were raised: - residential units may be offered as rental apartments - possibly providing more parking (they have since increased the number of parking

spaces, as conditioned), - redesigned project to provide more ground floor retail spaces on both Hollywood

Boulevard and Gower Street and eliminated one of the two driveways, in consultation with Urban Design Studio.

-, will follow up with other TDM’s that will benefit the community. Communications Received A letter in support, dated August 18, 2010, was received from the Hollywood Studio District Neighborhood Council. A letter in support, dated June 23, 2010, was received from the Hollywood Chamber of Commerce.

DEPARTMENT OF CITY PLANNING · 2010. 12. 6. · Case No. CPC-2008-3087-ZC-HD-ZAA-SPR A-2 The...

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