DEPARTMENT OF CITY PLANNING...4. Pursuant to LAMC Section 12.27, a Zone Variance from Sections...

DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT

City Planning Commission Case No.: CPC-2012-3243-ZC-BL-ZV-ZAA-SPR

CEQA No.: ENV-2012-3244-MND-REC1

Incidental Cases: VTT-72050

Related Cases: None

Council No.: 2

Plan Area: Van Nuys-North Sherman Oaks

Specific Plan: None

Certified NC: Van Nuys

GPLU: Low Residential, Low Medium II Residential, and Medium Residential

Existing Zones: Proposed Zones:

R1-1, [Q]RD1.5-1, R3-1, (T)R3-1 R1-1, (T)(Q)RD1.5-1, R3-1

Applicant: Marc Annotti; PC Sherman

Way Associates, LLC Representative: Joel Miller; PSOMAS

Date: Thursday, April 25, 2013

Time: 8:30 a.m.*

Place: Van Nuys City Hall 14410 Sylvan Street Council Chamber, 2nd Floor Van Nuys, CA 91401

Public Hearing: March 5, 2013

Appeal Status: Pursuant to LAMC Section 12.32-D if disapproved, Zone Change and Building Line removal appealable to the City Council by the applicant; Zone Variances, Zoning Administrator Adjustments, and Site Plan Review pursuant to LAMC Section 12.36-C.1(b), appealable to City Council by any party.

Expiration Date: May 20, 2013

Multiple Approval:

Yes

Limited Public Hearing PROJECT LOCATION:

14111-14135 W. Sherman Way, 7235-7301 N. Hazeltine Avenue

PROPOSED PROJECT:

The demolition of existing school structures and the construction, use and maintenance of four traditional single-family homes and 131 single-family homes in accordance with the Small Lot Ordinance. One separate lot is being improvement and dedicated as a public park.

REQUESTED ACTION:

1. Pursuant to LAMC Section 12.32-F, a Zone Change from R1-1 (One-Family Zone) and [Q]RD1.5-1 (Restricted Density Multiple Dwelling Zone) of the easterly parcel to (T)(Q)RD1.5-1 with the new zone replacing the old “Q” Condition. (Note: westerly parcel will remain zoned R3-1 and R1-1.)

2. Pursuant to LAMC Sections 12.32-R, the removal of a 15-foot Building Line along the

north side of Sherman Way, established by Ordinance No. 87,516 on January 15, 1943. 3. Pursuant to LAMC Section 12.27, Zone Variances to permit the construction of the 131

single-family homes in accordance with the Small Lot Ordinance prior to recordation of the final tract map, from:

a. Section 12.21-C,2(a) to allow a minimum separation between buildings of

approximately 2-inches in lieu of 12 feet. b. Section 12.21-C,2(b) to allow a minimum passageway between buildings of

approximately 5 feet in lieu of 12 feet.

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR

c. Section 12.21-G,2 to allow zero square feet of open space for each dwelling unit in lieu of 175 square feet for dwelling units having more than three habitable rooms.

4. Pursuant to LAMC Section 12.27, a Zone Variance from Sections 12.09.1-A and 12.21-

C,5(h) to allow vehicular access from a less restrictive zone (R3-1 Zone) to a more restrictive zone (RD1.5-1 Zone) permitting guest parking and common driveway access across the site.

5. Pursuant to LAMC Section 12.28, a Zoning Administrator’s Adjustment from Sections 12.08-C,3, 12.09-B,1, 12.09-B,3, 12.10-C,1, and 12.10-C,3 to permit a 10-foot front yard setback along Hazeltine Avenue and a 5-foot front yard setback along Sherman Way in lieu of the minimum required 15 feet (after dedications), a reduced 5-foot rear yard setback in lieu of the required 15 feet, and a 5-foot side yard setback in lieu of the required 6 feet, to permit construction of the small-lot dwellings prior to the recordation of the final tract map.

6. Pursuant to LAMC Section 16.05, a Site Plan Review for a development of 135 single-

family homes.

7. Pursuant to Section 21082.1(c)(3) of the California Public resources Code, adopt the Mitigated Negative Declaration (MND) for the above referenced project.

RECOMMENDED ACTIONS: 1. Approve and recommend that the City Council adopt a Zone Change for the portion of the site with the

Low Medium II Residential land use designation (14111 Sherman Way & 7235-7301 Hazeltine Avenue) from R1-1 and [Q]RD1.5-1 to (T)(Q)RD1.5-1 with the new zone replacing the old “Q” Condition.

2. Approve and recommend that the City Council remove a 15-foot Building Line along the north side of Sherman Way, established by Ordinance No. 87,516 on January 15, 1943.

3. Approve the Zone Variances to allow a minimum separation between buildings of a minimum of 2 inches in lieu of 12 feet; passageway between buildings of a minimum of 5 feet in lieu of 12 feet; and, zero square feet of open space for each dwelling unit in lieu of 175 square feet for dwelling units having more than three habitable rooms, all to permit the construction of the 131 single-family homes in accordance with the Small Lot Ordinance prior to recordation of the final tract map.

4. Approve a Zone Variance to allow vehicular access from a less restrictive zone (R3-1 Zone) to a more restrictive zone (RD1.5-1 Zone) permitting guest parking and common driveway access across the site.

5. Deny a Zoning Administrator’s Adjustment to allow a 5-foot front yard setback along Sherman Way and approve a 10-foot front yard setback along Sherman Way in lieu of the minimum 15 feet required (after dedications).

6. Approve a Zoning Administrator’s Adjustment to allow a 10-foot front yard setback along Hazeltine Avenue in lieu of the minimum 15 feet required (after dedications), a reduced 5-foot rear yard setback in lieu of the required 15 feet, and 5-foot side yard setback in lieu of the required 6 feet, to permit construction of the small-lot dwellings prior to the recordation of the final tract map, as conditioned.

7. Approve a Site Plan Review for a development of 135 single-family homes.

8. Adopt the attached Findings.

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR

9. Adopt Mitigated Negative Declaration No. ENV-2012-3244-MND and reconsideration of the project description.

10. 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.

11. 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 Sarah Hounsell, Hearing Officer Jae Kim, City Planner Telephone: (818) 374-9909 __________________________________________ ________________________________________ Dan Scott, Principal Planner Lisa Webber, Deputy Director ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 272, City Hall, 200 North Spring Street, Los Angeles, CA 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent to the 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) 978-1300.

TABLE OF CONTENTS

Project Analysis ......................................................................................................... A-1

Project Summary Background Issues Conclusion (T) Conditions ............................................................................................................. T-1 (Q) Qualified Conditions of Approval ...................................................................... Q-1 Conditions of Approval ............................................................................................. C-1 Findings ...................................................................................................................... F-1

General Plan Land Use Designation General Plan Text Transportation Element Charter Finding Zone Change Findings Building Line Removal Finding Variance Findings Zoning Administrator’s Adjustment Findings Site Plan Review Findings Environmental Finding

Public Hearing and Communications ...................................................................... P-1 Exhibits:

1 – Vicinity Map

2 – Radius Map

3 – Site Plan, Small Lot Floor Plans & Elevations, Landscape Plan

4 – VTT-72050

5 – Environmental Clearance

6 – Comment Letters

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR A-1

PROJECT ANALYSIS

Project Summary The applicant is seeking the necessary zoning entitlements, after removal of all existing buildings (Pinecrest School), to permit a residential project consisting of four conventional single-family homes, 131 small-lots single-family homes, and a 0.346-acre park. The park lot at the southeastern corner of the site will be dedicated to the City once improved. The proposed entitlements will provide the applicant with the zoning, height, and setbacks necessary to proceed with the project. Background The subject property is located at the northwest corner of Hazeltine Avenue and Sherman Way in the Van Nuys-North Sherman Oaks Community Plan. The property consists of 5.72 net acres. The site is currently improved with a private pre-school and elementary school (kindergarten through 8th grade). The school is permitted to have 600 students and currently enrollment is about half of that allowed. The project originally proposed six standard single-family residences off a private street on Cantlay and 131 small lots single-family residences. Upon meetings with the Council Office, the Van Nuys Neighborhood Council, and members of the community to the west of the site (Katherine Square residences), the applicant redesigned the project to include four standard single-story single-family residences along Cantlay Street, 131 three-story small lots single-family residences off Sherman Way and Hazeltine Avenue, and 15,078 square-foot of open space for a public park at the corner of the site. The redesign of the site plan is a result of a public park insertion. A revised tract map was approved for the site by the Deputy Advisory Agency on March 28, 2013 and was not appealed. By adding the public park space, guest parking and common open space within original design of the small lot portion of the project had been decreased. Guest parking is not required by the Small Lot Ordinance, so the applicant is requesting not to be conditioned to provide a specific number of guest parking spaces. However, the applicant is proposing several guest spaces (20 spaces shown on the site plan) along the interior common driveways and 10 spaces on the east of the proposed park, which can be utilized by guests in the evening hours when the park is not in use. Under the current zones, the project could be developed as 27 single-family dwelling and 90-units. In calculating the maximum density/intensity allowed by the various Plan designations (Low Residential, Low Medium II Residential, and Medium Residential) and after street dedication, the site would permit 8 single-family residences on Cantlay Street and 152-units on Sherman Way and Hazeltine Avenue (32-units in R3 Zone and 120-units in the proposed RD1.5 Zone). If the land for the park space is removed from the calculations, then approximately 142-units could be built on the multiple-family designated area. None of these estimations include the density bonus option, which would allow for greater density/intensity on the site above the stated. The applicant is proposing a total of 135 single-family dwelling and park space, which is about 15% below the maximum permitted at the highest intensity without density bonus. The applicant will be developing four single family lots off of Cantlay Street and completing a cul-de-sac to provide street frontages and access to the new lots. The 131 small lot dwellings will have access off of both Sherman Way and Hazeltine Avenue by two proposed driveways. The additional driveway on Sherman Way to the west of the site is only for emergency fire access.


The site is within the Valley Revitalization Zone, Van Nuys Neighborhood Council, Council District No. 2, is limited by Baseline Mansionization, has a 250-foot height limit for Airport Hazard, and located 6.190209 km from the Verdugo Fault. Surrounding Properties: The area is level and consists of a mix of urban development including public facilities, commercial, multiple-family, and single-family uses. Abutting on the north of the project is a two-story single-family home in the R1-1 Zone and a two-story over parking 16-unit apartment in the [Q]RD1.5-1 and (Q)RD1.5-1 zones which is owned by the applicant. Further north is a 19-unit condominium in the [Q]RD1.5- and (Q)RD1.5-1 zones and a vacant lot approved for an Eldercare Facility in the R3-1, [Q]RD1.5-1 and R1-1 Zone. To the east across Hazeltine Avenue are six apartment buildings between two- and four-stories totaling 101-units in the [Q]R3-1 Zone, a pre-school in the R3-1 Zone, and a gas station and mini-shopping center on the corner in the C1.5-1VL and P-1VL Zones. To the southeast across the intersection is Hazeltine Avenue Elementary School in the [Q]PF-1XL Zone. To the south across Sherman Way are a 6-unit and a 17-unit two-story apartments in the R3-1 Zone, and a mini-shopping center, auto repair, and 7-Eleven in the C1-1VL and [Q]C1-1VL Zones. To the west along Sherman Way is are two two-story apartments including 36-unit and 34-unit in the R3-1 Zone and along Cantlay Street and Wyandotte Street is a single-family neighborhood in the R1-1 Zone. Street and Circulation: Sherman Way is a Major Highway Class II dedicated to a 100-foot width at the project's street frontage and improvement with curb, gutter, sidewalk and street lights. The Bureau of Engineering has conditioned that a 2-foot wide strip of land be dedicated along Sherman Way adjoining the subdivision to complete a 52-foot wide half right-of-way dedication in accordance with Major Highway-Class II Standards, including a 20-foot radius property line return at the intersection with Hazeltine Avenue and the construction of a 12-foot wide full-width concrete sidewalk. Hazeltine Avenue is a Secondary Highway dedicated to variable widths between 68 and 88 feet and improved with curb, gutter, sidewalk and street lights on the project's street frontage and partly improved on the opposite side of the street. The Bureau of Engineering has conditioned that a 3-foot and variable width strip of land be dedicated along Hazeltine Avenue adjoining the subdivision to complete a 45-foot wide right-of-way dedication in accordance with Secondary Highway Standards. Cantlay Street is a Local Street dedicated to a 54-foot width which terminates at the projects street frontage and improved with curb, gutter, sidewalk, landscaped parkway, street trees, and street lights. The Bureau of Engineering has conditioned that a 54-foot wide and variable width right-of-way be dedicated for proposed Cantlay Street, including a 44-foot radius property line cul-de-sac at the terminus and a concrete curb, a concrete gutter, and a 4.5-foot concrete sidewalk adjacent to the property line in a 9-foot wide border. Relevant Cases: ON-SITE: Case No. VTT-72050: On March 28, 2013, the Deputy Advisory Agency approved a subdivision for a maximum 136-lots (four single-family lots, 131-lots in accordance with the Small Lot Ordinance, and one recreation lot), as shown on the revised map stamp-dated March 7, 2013. The density is contingent upon the approval of this case.


Case No. ZA-1998-359-ZAI: On May 27, 1998, the Zoning Administrator approved a determination that in accordance with current societal practices, Condition No. 7 of Case No. CPC-21353 is clarified to permit a full summer camp program with all age the grant restrictions and other conditions to be the same as those specified in the conditions of the grant. CPC-1986-784-GPC: A “Q” Classification was added to the site limiting the height 35 feet established by Ordinance No. 167,939 (effective June, 28, 1992, Area 1, Subareas 504A & 560). Case No. ZA-21353: On May 17, 1974, an Associate Zoning Administrator conditionally approved a conditional use permitting the continuation, modification and expansion of the previous approval (Case No. ZA-19809-CU) on this site as a day care nursery and private school from kindergarten through ninth grade. This grant was further modified and expanded on March 20, 1981 under Case No. CUZ 80-400 by the addition of a building with five classrooms, parking for 78 vehicles and buses, some internal redesigning of existing parking and erection of a 35- by 50-foot maintenance/ storage/office building. This case modified the previous grant and expanded the use. OFF-SITE: Case No. AA-2007-3387-PMLA: On December 1, 2008, the Advisory Agency disapproved the parcel map, for the creation of a three-parcel single-family development, since the lot design was out of character and was not compatible to the neighborhood as there were no flag lots or private streets, located at 14116-14120 Valerio Street in the [Q]RD1.5-1. Case No. APCSV-2006-7222-BL: On November 21, 2007 the City Council adopted Ordinance No. 179,419 removing the existing 15-foot Building Line on the south side of Sherman Way, established by Ordinance No. 87,516, for an 18-unit residential condominium with 40 parking spaces, filed under Tentative Tract No. 63085 for property at 13850-13858 Sherman Way. Case No. CPC-2006-3164-GPA-ZC: On May 16, 2007, the City Council adopted by resolution, and as recommended by the Mayor, the CPC, and the Director of Planning approve the proposed General Plan Amendment to the Van Nuys-North Sherman Oaks Community Plan from Low Medium II Density to Medium Density Residential land use and add area for the proposed construction of 18 dwelling units for property at 13850-13858 Sherman Way. Case No. VTT-66228-CC: On August 18, 2006, the Advisory Agency approved a 44-unit condo conversion located at 14322 Valerio Street, in the R3-1 Zone. Case No. TT-63037-A1: The appeal to the South Valley Area Planning Commission was granted in part with modification on October 26, 2005 and sustained the action of the Deputy Advisory Agency decision letter dated August 18,2005, approving tract map to permit the merger and resubdivision of three lots into one lot and the construction of a 30-unit condominium on a 24,050 net square foot lot in the R3-1 Zone with 62 parking spaces, located at 13951-13963 Sherman Way. Case No. AA-2005-5555-PMLA: On December 8, 2005, the Advisory Agency approved parcel map for a maximum new 2-parcel single-family development located at 7343 Tyrone Avenue, in the R1-1 Zone. Case No. AA-2005-4536-PMLA: On November 2, 2005, the Advisory Agency approved parcel map for a maximum new two-parcel single-family development, located at 7342 Tyrone Avenue in the R1-1 Zone.


Case No. AA-2004-4191-PMLA: On February 17, 2005, the Advisory Agency approved a parcel map for a maximum new two-parcel single-family development, located at 7143 Ranchito Avenue, in the R1-1 Zone. A slight modification was issued concurrently under Case No. ZA-2004-5020-SM for relief from intersecting line formula. Case No. ZA-2004-4442-ZV: On August 19, 2004, the Zoning Administrator approved a variance from LAMC Sections 12.08-A and 12.09.1-A to permit the establishment, maintenance and operation of a private charter school consisting of grades 6 through 8 on the site of an existing church, located at 14300 Sherman Way and 7137 Tyrone Avenue in the [Q]RD1.5-1 Zone. Case No. APCSV-2004-610-ZC: On March 9, 2005 the City Council adopted a zone change from [T][Q]RD5-1 to [T][Q]RD3-1 (Ordinance No. 176,553, effective May 2, 2005), subject to the conditions of approval, on the westerly 150-foot depth of the subject property located at 6941-6943 Hazeltine Avenue, for the proposed development of 12 units. (The easterly portion of the subject property includes an existing 14-unit apartment building. Total development on the subject property would consist of 26 dwelling units, with 51 parking spaces, on a combined area of 42,240 square feet). Case No. AA-2003-7962-PMLA: On June 10, 2004, the Advisory Agency conditionally approved a parcel map, located at 6948 Calhoun Avenue in the R1-1 Zone. An extension was granted on June 20, 2007.

Issues Q Conditions: The portion of the site that is designated the Low Medium II land use is dual zoned [Q]RD1.5-1 and R1-1. Originally the applicant had requested a zone change for the R1-1 portion with a new RD1.5 Zone and a Clarification to the “Q” Classification to allow 36-foot high small lot dwellings in lieu of the 35-foot limitation established by Ordinance No. 167,939 for the existing [Q]RD1.5-1 zoned portion. The R3-1 zoned portion of the site is not limited by the 35-feet maximum Q Condition. The applicant has since revised the application to request a zone change over the entire Low Medium II land use parcel to RD1.5. This would effectively unify the zone and eliminated the need for a “Q” Clarification. Prevailing Setbacks: The applicant has requested the removal of a 15-foot building line along the north side of Sherman Way established by Ordinance No. 87,516 (approved on January 15, 1943). Building lines primarily functioned as required setbacks historically. These are now considered archaic, as yard setbacks are required per the respective zone. A tract map was approved for the site which included the 131 small lots. Only a minimum 5-foot yard setback is required from adjacent property line not included within the subdivision. The original submitted tract map included a 10-foot setback from both Sherman Way and Hazeltine Avenue and three open space common areas within the design. As the project was redesigned to provide for a larger public open space on the corner, the setback along the Sherman Way frontage was reduced to 5 feet for two dwelling units along the westerly property line and then increased to 10-foot for the remainder of the frontage. The current adjacent multiple-family prevailing setback on the west is 15 feet in accordance with front yard standards for the R3 Zone and in conformance with the current building line. After the required two-foot dedication along Sherman Way the proposed structures would protrude eight feet in front of the adjacent


structure to the west. The adjacent apartment property to the north, owned by the developer, has a 20-foot front yard setback and the condominiums to the north of site have a 15-foot front yard setback. Across the street front yard setback vary between 10 and 20 feet, however if street widening occurred some of the existing apartment building would only be setback a couple of feet from the sidewalk. As such, there are no existing building lines along Hazeltine Avenue for this block, the project proposes a unified 10-foot setback along Hazeltine Avenue. The current school on site is built to the property line and does not observe any setback from Sherman Way. The imposition of the 10-foot setback along the street frontages would necessitate that two or maybe three residential units be eliminated from this project. As part of the negotiation with the Katherine Square residents, the applicant removed the private street requested on Cantlay Street and the project was decreased by two standards dwellings. Moving those two small lots on Sherman Way, to conform to a unified project setback of 10 feet, could result in square footage removed from the proposed park or loss of density. Staff has recommended the site plan be revised to show a 10-foot continual setback along both frontages and to deny the requested 5-foot front yard adjustment on Sherman Way. Pedestrian and Automobile Circulation: In meeting with the Urban Design Studio, three area of concern were raised regarding the overall site plan. The first was the lack of a uniformed setback along the Sherman Way frontage creating a larger grouping of townhomes. The second was the path connections between the park parcel and adjacent townhomes on the north fronting a circulation path. The last concern was regarding automobile circulation along common driveway that face the public streets. The site redesign created larger rows of townhomes grouping (majority are now between 6 and 7 townhomes abutting with the 2-inch building separation fire wall). The row along the western property edge is setback 10 feet from neighboring side yard, but has 10 townhomes with no passageway relief for pedestrians. Further the path to the north of Lot No. 5 does not connect through to another path. Staff prefers the recommended 10-foot setback along Sherman Way for consistency throughout the project street frontages and for a better transition between the new development and existing improvement on the west. Also, staff has conditioned the project to break up the 10 row block to two rows grouping by eliminating the path north of Lot No. 5 and adjust the units to create a break between Lot Nos. 7 and 8. This would allow for a better connection between other dwellings within the development and provide a direct line of site to guest parking spaces. The other option would to be to connect the path north of Lot No. 5 through to the north-south path along Lot No. 122. The make pathway connection clearer across common assess driveway, hardscape or stripping shall be added as recommended by staff under the Site Plan conditions. Lot Nos. 45 through 50 connect directly to the park path as shown on the site plan. An issue could arise in the future, if upon transfer to the City, the park space needs to be gated for any nuisance activity. Gating along the proposed property line would remove all pedestrian access from the fronting six small lot single-family homes. The applicant had proposed that a condition be added stating that no wall or fence be erected along the common lot line. Staff is recommending that the lot line be moved 5 feet to the south of the path to maintain the path within the small lot portion of the project and not the park. This reduces the park space slightly from 0.346-acre to 0.331-acre (14,427 total square feet). The third topic was with regards to automobile circulation along common driveways dead ending at the short 10-foot landscape setback along Hazeltine Avenue. The concern was to detract from shortcutting the curb and automobile headlight impacts existing apartments to the east. This could be resolved by possible addition of a berm, short pony wall, raised planter bed, or hedges within the landscape area just adjacent to the common driveway edge. Currently the


landscape plan is showing a tree which would detract from shortcut, but not shield highlight pollution. Further, as the common driveway to the west of the project site within the R3 Zone will need to remain open from landscaping due to emergency fire access, the fire crash gate or bollards shall be incorporated into the project design. The access to the park parking spaces is through the common driveway, to be maintained by the small lot development. The applicant stated at the public hearing that there is no intent to make this a gated community and no gate or fence is shown on the current site plan. The site plan has been modified herewith that no security gates be erected along the two common driveways to provide through access to the site and park parking spaces. Delaying Cantlay Improvements: A representative from the Katherine Square residents (neighborhood to the west of the site) issued a letter which listed 12 proposed conditions. All were either addressed by the redesign of the project site or conditioned within the tract map. However, the requested condition to “keep the existing wall while delaying improvements of Cantlay until construction of single-family homes begins” was not included in the tract approval. The condition has been included within the proposed conditions of approval. Conclusion The existing private school is not the highest and best use of the property as student enrollment has decreased to about half of that permitted by the conditional use. There is a need for family sized housing within the community and the project is providing single-family dwellings, the majority of which are three bedroom small lots. Small lots tend to be more affordable than traditional single-family dwellings. Based on the information submitted, the surrounding uses, input from the public hearing, and the project’s proposed compliance with the land use designations of the Van Nuys-North Sherman Oaks Community Plan, the Department of City Planning is recommending that the City Planning Commission approve the requested entitlements, as conditioned herewith. The applicant has worked with the community to modify the site design which now includes more public green space and has decreased the density and eliminated the private street along the proposed extension on Cantlay Street. The previously requested Q Clarification was eliminated from the application and the request was changed to a zone change across the entire easterly parcel to provide a unified zone consistent with the Low Medium II Residential designation. The proposed density is less than that permitted by the land use designations over the entire site. The proposed removal of the Building Line is consistent with the development rights available to other properties within the vicinity. The yards, building separations/passageways, parking, and open space are all consistent with the small lot subdivision ordinance. However, the applicant has requested “early start” variances and adjustments to begin construction prior to the final map recordation. The tract map was approved on March 28, 2013 and no appeals were filed. Further the map was vetted by various City agencies which ensure the site plan was adequately reviewed for compliance. Other conditions attached to the project will lesson any impacts that may otherwise arise for site planning and access.

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR T-1

CONDITIONS FOR EFFECTUATING

(T) TENTATIVE CLASSIFICATION REMOVAL Pursuant to Section 12.32 G of the Municipal Code, the (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. Bureau of Engineering. Prior to the issuance of sign-offs for final site plan approval

and/or project permits by the Department of City Planning, the applicant/developer shall provide written verification to the Department of City Planning from the responsible agency acknowledging the agency’s consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to the project design required by a public agency shall be documented in writing and submitted for review by the Department of City Planning.

a. Street Dedication.

(1) Sherman Way (Major Highway –Class II) –A 2-foot wide strip of land be

dedicated along Sherman Way adjoining the subdivision to complete a 52-foot wide half right-of-way dedication in accordance with Major Highway-Class II Standards, including a 20-foot radius property line return at the intersection with Hazeltine Avenue.

(2) Hazeltine Avenue (Secondary Highway) –A 3-foot and variable width strip of land be dedicated along Hazeltine Avenue adjoining the subdivision to complete a 45-foot wide right-of-way dedication in accordance with Secondary Highway Standards.

(3) Cantlay Street (Local Street) –A 54-foot wide and variable width right-of-way

be dedicated for proposed Cantlay Street, including a 44-foot radius property line cul-de-sac at the terminus.

b. Street Improvement.

(1) Improve Sherman Way being dedicated and adjoining the subdivision by

removing the existing sidewalk and constructing a 12-foot wide full-width concrete sidewalk.

(2) Improve Hazeltine Avenue being dedicated and adjoining the subdivision by removing the existing sidewalk, including driveways and constructing a full-


width concrete sidewalk and driveways with “Americans with Disabilities Act” compliance.

(3) Improve Cantlay Street being dedicated and adjoining the subdivision by the construction of the following:

i. A concrete curb, a concrete gutter, and a 4.5-foot concrete sidewalk

adjacent to the property line in a 9-foot wide border.

ii. Suitable surfacing to join the existing pavement and to complete a 36-foot total roadway.

iii. Any necessary removal and reconstruction of existing improvements.

iv. The necessary transitions to join the existing improvements.

v. Suitable improvements of the 35-foot curb radius cul-de-sac turning area.

c. Board of Public Works approval be obtained, prior to the recordation of the final

map, for the removal of any tree in the existing or proposed public right-of-way area. The Bureau of Street Services, Urban Forestry Division, is the lead agency for obtaining Board of Public Works approval for removal of such trees.

d. Construct the necessary on-site mainline sewers to serve the subdivision. 3. Street Lighting. a. If new street light(s) are required, then prior to the recordation of the final map or

issuance of the Certificate of Occupancy (C of O), 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.

b. Construct new street light: one (1) on Cantlay Street and four (4) on Hazeltine

Avenue. If street widening per BOE improvement conditions, relocate and upgrade street lights; four (4) on Sherman Way and three (3) on Hazeltine Avenue.

4. Urban Forestry.

a. Sherman Way: Construct 4x4 tree wells and plant approximately five (5) 24-inch box size trees where there is room. Type and location of tree to be determined by an Urban Forestry Inspector. Use disintegrated granite and no tree wells.

b. Hazeltine Avenue: Construct 4x4 tree wells and plant approximately eleven (11) 24-inch box size trees where there is room. Type and location of tree to be determined by an Urban Forestry Inspector. Use disintegrated granite and no tree wells.

5. Department of Transportation. A parking area and driveway plan shall be submitted to

the Citywide Planning Coordination Section of 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.

6. Stormwater. Prior to the issuance of a Grading Permit, the project shall comply with the Standard Urban Stormwater Mitigation Plan (SUSMP) and/or the Site Specific Mitigation Plan to mitigate stormwater pollution as required by Ordinance No.’s 172,176 and 173,494. The appropriate design and application of Best Management Practice (BMP) device(s) and facilities shall be determined by the Watershed Protection Division of the Bureau of Sanitation, Department of Public Works. More Information may be obtained at www.lastormwater.org

7. Cable Television. Satisfactory arrangements be made in accordance with the requirements of the Information Technology Agency to assure that cable television facilities will be installed in the same manner as other required improvements. Refer to the LAMC Section 17.05-N. Written evidence of such arrangements must be submitted to the Information Technology Agency, 200 North Main Street, 12th Floor, Los Angeles, CA 90012, (213) 922-8363.

8. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded by the property owner in the County Recorder’s Office. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. Further, the agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a copy bearing the Recorder’s number and date must be given to the City Planning Department for attachment to the subject file. Notice: Certificates of Occupancies for the subject properties will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.), as required herein, are completed to the satisfaction of the City Engineer.

Case No. CPC-2012-3243-ZC-BL-ZV-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.

1. Use. The use of the subject property shall be limited to those uses permitted in the R1, RD1.5 and R3 Zones as defined in Sections 12.08, 12.09.1, and 12.10 of the Los Angeles Municipal Code (“LAMC”), respectively.

2. Density. A maximum of 135 single-family residential dwellings and one park parcel is permitted.

3. Height. The height of the building on the subject property shall exceed 36 feet. Any structures on the roof, such as air condition units and other equipment, shall be fully screened from view of any abutting properties with single-family dwellings.

4. Site Plan. Prior to the issuance of any building permits, detailed development site and elevation plans including complete landscape and irrigation plans by a licensed landscape architect or architect, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The plans shall be in substantial conformance with the plans labeled as “Exhibit 3” and dated April 11, 2013, or as modified by the City Planning Commission attached to the subject case file. a. Any unused curb and driveways cuts shall be replaced with sidewalks to maintain

continuity for pedestrians. b. The landscape plans shall include hardscape showing connections between

pedestrian paths across common access driveways in the small lot portion of the project.

c. The pedestrian path on the north side of Lot No. 5 shall be moved between Lot

Nos. 7 and 8 to provide better pedestrian access and line of site to the guest parking area.

d. The pedestrian path to the west of Lot No. 24 shall be incorporated into Lot Nos.

21-23 and the path shall connect to the path fronting Lot No. 122. The pedestrian path to the west of Lot Nos. 37 and 38 shall be incorporated into Lot Nos. 15-20 to maintain access within the lots.

e. The northerly park lot line shall be moved five feet to the south to allow the

common east-west pathway to be maintained in connections to Lot Nos. 45-50 to provide continual access to these dwellings.

f. A landscaped finger shall be placed in the middle of the 10 park parking spaces

(Lot No. 136). g. The emergency crash gate or bollards on Sherman Way between Lot Nos. 74 and

75 shall be designed or painted to match other hardscape features within the landscape plan.


h. To shield automobile headlights and deter from possible shortcuts, along the three common east-west driveways on the Hazeltine frontage, the plan shall include a 32-inch high wall, hedge, or raised planter along the edge of the common driveway portion Lot Nos. 14 -15, 50-51 and 62-63 within the landscaped area.

i. There shall be no security gates erected along the two common driveways to

provide through access to the site and park parking spaces.

5. Parking. A minimum of two covered off-street parking spaces shall be provided in accordance with LAMC Section 12.21-A,4(a). In addition: a. Garage floors shall be constructed with textured surfaces to minimize tire squeal

noises. b. Guest parking spaces shall be clearly marked. The signage shall be in easy to read

lettering.

Administrative Conditions 6. 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.

7. Code Compliance. All area, height and use regulations of the zone classification of the subject property shall be complied with, except wherein these conditions explicitly allow otherwise.

8. 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.

9. 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.

10. Building Plans. Page 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.

11. 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.

12. Expedited Processing Section. 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.

13. 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.

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR C-1

CONDITIONS OF APPROVAL

1. Setbacks. Permit the following variation to yards, building separations, passageways, and open space for “early start construction” of the small lot subdivision portion of the project; however, no certificate of occupancies shall be issued until the final tract map (VTT-72050) has been recorded:

a. 10-foot front yard on Sherman Way, 10-foot front yard on the Hazeltine Avenue

frontage, and 5-foot side and rear yards.

b. A minimum separation between buildings of 2 inches in lieu of 12 feet. c. A minimum passageway between buildings of 5 feet in lieu of 12 feet. d. Zero square feet open space for each dwelling unit in lieu of 175 square feet for

dwelling having more than three habitable rooms 2. Vehicular Access. Allow access from a less restrictive zone (R3-1 Zone) to a more

restrictive zone (RD1.5-1 Zone) for general circulation, guest parking and common driveway access.

3. Bicycle Parking. Short term bicycle parking shall be provided within the park parcel.

4. Fire Department. a. Submittal of plot plans for Fire Department review and approval prior to recordation

of Tract Map Action. b. All “Small Lot” Subdivisions are required to have automatic fire sprinklers installed

as a part of any new or future construction. c. Access for Fire Department apparatus and personnel to and into all structures shall

be required. d. 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.

e. Submit plot plans indicating access road and turning area for Fire Department

approval. f. The width of private roadways for general access use and fire lanes shall not be

less than 20 feet, and the fire lane must be clear to the sky. g. All Fire Lanes, where required and dead ending streets shall terminate in a cul-de-

sac or other approved turning area. No dead ending street or fire lane shall be greater than 700 feet in length or secondary access shall be required.

h. Where access for a given development requires accommodation of Fire Department apparatus, overhead clearance shall not be less than 14 feet.


i. On small lot subdivisions, any lots used for access purposes shall be recorded on the final map as a “Fire Lane”.

j. No proposed development utilizing cluster, group, or condominium design of one or

two family dwellings shall be more than 150 feet from the edge of a roadway of an improved street, access road, or designated fire lane.

k. No framing shall be allowed until the roadway is installed to the satisfaction of the

Fire Department. l. Any required fire hydrants to be installed shall be fully operational and accepted by

the Fire Department prior to any building construction. m. All parking restrictions for fire lanes shall be posted and/or painted prior to any

Temporary Certificate of Occupancy being issued. n. Plans showing areas to be posted and/or painted, “FIRE LANE NO PARKING”

shall be submitted and approved by the Fire Department prior to building permit application sign-off.

o. Electric Gates approved by the Fire Department shall be tested by the Fire

Department prior to Building and Safety granting a Certificate of Occupancy. p. No building or portion of a building shall be constructed more than 300-feet from an

approved fire hydrant. Distance shall be computed along path of travel.

5. Maintain the existing wall along the west property delaying street improvements of the Cantlay Street cul-de-sac extension until construction of single-family homes begins.

6. Dust Walls. Temporary dust walls (e.g., Visqueen plastic screening or other suitable product) not less than 8 feet in height shall be installed and maintained along the property line as necessary to preclude dust dispersion from the project site to adjacent properties. The walls shall be in place during any time period when grading is being conducted within 100 feet of any occupied residence on said adjoining lots.

7. Construction Damage Bond.

a. A cash bond or security (“Bond”) shall be posted in accordance with terms, specifications, and conditions to the satisfaction of the Bureau of Engineering and shall remain in full force and effect to guarantee that any damage incurred to the roadway adjacent to the property, which may result from any construction activity on the site, is properly repaired by the applicant.

b. Prior to the issuance of a Certificate of Occupancy, any damage incurred to the

roadway adjacent to the property, which may result from any construction activity on the site, shall be properly repaired by the applicant to the satisfaction of the Bureau of Engineering. The applicant is hereby advised to obtain all necessary permits to facilitate this construction/repair.

Environmental Conditions 8. Aesthetics – Landscape Plan. All open areas not used for buildings, driveways,

parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan and an automatic irrigation plan,


prepared by a Landscape Practitioner (Sec. 12.40-D) and to the satisfaction of the decision maker and in consultation with Council District No. 2.

9. Aesthetics – Retaining Walls less than 8 feet in Height. Retaining walls that can be viewed from the adjacent public right(s)-of-way shall incorporate one or more of the following to minimize their visibility: clinging vines, espaliered plants, or other vegetative screening; decorative masonry, or other varied and textured façade; or utilize a combination of methods. The method of compliance with this measure shall be noted on any required landscape plan.

10. Aesthetics – Light. Outdoor lighting shall be designed and installed with shielding, such

that the light source cannot be seen from adjacent residential properties or the public right-of-way.

11. Air Pollution – Stationary. An air filtration system shall be installed and maintained with

filters meeting or exceeding the ASHRAE Standard 52.2 Minimum Efficiency Reporting Value (MERV) of 11, to the satisfaction of the Department of Building and Safety.

12. Tree Removal – Non-Protected Trees. Prior to the issuance of a grading permit, a plot plan prepared by a reputable tree expert, indicating the location, size, type, and general condition of all existing trees on the site and within the adjacent public right(s)-of-way shall be submitted for approval by the Department of City Planning.

All significant (8-inch or greater trunk diameter, or cumulative trunk diameter if multi-trunked, as measured 54 inches above the ground) non-protected trees on the site proposed for removal shall be replaced at a 2:1 ratio with a minimum 24-inch box tree, and to the satisfaction of the Advisory Agency. Net, new trees, located within the parkway of the adjacent public right(s)-of-way, may be counted toward replacement tree requirements.

13. Seismic. The design and construction of the project shall conform to the California

Building Code seismic standards as approved by the Department of Building and Safety.

14. Greenhouse Gas Emissions. a. Install a demand (tankless or instantaneous) water heater system sufficient to

serve the anticipated needs of the dwelling(s).

b. Only low- and non-VOC-containing paints, sealants, adhesives, and solvents shall be utilized in the construction of the project.

15. Emergency Evacuation Plan. No construction equipment or materials shall be stored

within the public right-of-way along Sherman Way as it is a selected disaster route.

16. Increased Noise Levels – Parking Wall. Prior to issuance of a certificate of occupancy, a minimum 8-foot-high slumpstone or decorative masonry wall from the lowest grade shall be constructed adjacent to neighboring residences and between standard single-family lots and the small lot portion of this subdivision, if no such wall already exists, except in required front yard.

17. Severe Noise Levels – Residential Fronting on Major or Secondary Highway. All

exterior windows having a line of sight of a Major or Secondary Highway shall be constructed with double-pane glass and use exterior wall construction which provides a


Sound Transmission Coefficient (STC) value of 50, as determined in accordance with ASTM E90 and ASTM E413, or any amendment thereto.

18. Public Services – Construction Activity Near Schools. Prior to the issuance of any demolition or grading permit or any other permit allowing site preparation and/or construction activities on the site, satisfactory arrangements shall be made with the Los Angeles Unified School District, implementing the measures for demolition and construction. The project site is located on the pedestrian and bus routes for students attending Hazeltine Avenue Elementary School. Therefore, the applicant shall make timely contact for coordination to safeguard pedestrians/motorists with the LAUSD Transportation Branch, phone no. (213) 580-2920, and the principals or designees of Hazeltine Avenue Elementary School.

a. The developer shall install appropriate traffic signs around the site to ensure

pedestrian and vehicle safety. b. There shall be no staging or parking of construction vehicles, including vehicles to

transport workers on any of the streets adjacent to the school. c. Due to noise impacts on the schools, no construction vehicles or haul trucks shall

be staged or idled on these streets during school hours. d. Haul route scheduling shall be sequenced to minimize conflicts with pedestrians,

school buses and cars at the arrival and dismissal times of the school day. Haul route trucks shall not be routed past the school during periods when school is in session especially when students are arriving or departing from the campus.

19. Public Services – Schools. The applicant shall pay school fees to the Los Angeles

Unified School District to offset the impact of additional student enrollment at schools serving the project area.

20. Recreation – Increased Demand for Parks. The Quimby fees, as determined by the Department of Recreation and Parks, shall be reduced for the dedication and improvement of park lot on-site.

21. Utilities – Local Water Supplies-Landscaping. The project shall comply with Ordinance No. 170,978 (Water Management Ordinance), which imposes numerous water conservation measures in landscape, installation, and maintenance (e.g, use 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 the early morning or evening hours to minimize water loss due to evaporation, and water less in the cooler months and during the rainy season). In addition to the requirements of the Landscape Ordinance, the landscape plan shall incorporate the following: a. Weather-based irrigation controller with rain shutoff b. Matched precipitation (flow) rates for sprinkler heads c. Drip/microspray/subsurface irrigation where appropriate d. Minimum irrigation system distribution uniformity of 75 percent e. Proper hydro-zoning, turf minimization and use of native/drought tolerant plan

materials


f. Use of landscape contouring to minimize precipitation runoff g. A separate water meter (or submeter), flow sensor, and master valve shutoff shall

be installed for existing and expanded irrigated landscape areas totaling 5,000 sf. and greater.

22. Utilities – Local Water Supplies-All New Construction.

a. If conditions dictate, the Department of Water and Power may postpone new water connections for this project until water supply capacity is adequate.

b. Install high-efficiency toilets (maximum 1.28 gpf), including dual-flush water closets, and high-efficiency urinals(maximum 0.5 gpf), including no-flush or waterless urinals, in all restrooms as appropriate.

c. Install restroom faucets with a maximum flow rate of 1.5 gallons per minute. d. A separate water meter (or submeter), flow sensor, and master valve shutoff shall

be installed for all landscape irrigation uses. e. 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.)

23. Utilities – Local Water Supplies-New Residential.

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

b. 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.

c. 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.

24. Utilities – Solid Waste Recycling. Recycling bins shall be provided at appropriate

locations to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program.

25. Construction Activities. Prior to the issuance of a grading permit, the applicant shall prepare and execute a Covenant and Agreement (Planning Department General Form CP-6770) in a manner satisfactory to the Planning Department, binding the applicant and all successors to the following:


a. That a sign be required on site clearly stating a contact/complaint telephone number that provides contact to a live voice, not a recording or voice mail, during all hours of construction, the construction site address, and the case number. YOU ARE REQUIRED TO POST THE SIGN 7 DAYS BEFORE CONSTRUCTION IS TO BEGIN.

(1) Locate the sign in a conspicuous place on the subject site or structure (if

developed) so that it can be easily read by the public. The sign must be sturdily attached to a wooden post if it will be freestanding.

(2) Regardless of who posts the site, it is always the responsibility of the

applicant to assure that the notice is firmly attached, legible, and remains in that condition throughout the entire construction period.

(3) If the case involves more than one street frontage, post a sign on each

street frontage involved. If a site exceeds five (5) acres in size, a separate notice of posting will be required for each five (5) acres, or portion thereof. Each sign must be posted in a prominent location.

b. All construction activities shall conform to the provisions of the Los Angeles Municipal Code including the following:

(1) 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.

(2) The owner or contractor shall keep the construction area sufficiently dampened to control dust caused by construction and hauling, and at all times provide reasonable control of dust caused by wind.

(3) All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust.

(4) All dirt/soil loads shall be secured by trimming, watering, or other

appropriate means to prevent spillage and dust.

(5) All dirt/soil materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust.

(6) General contractors shall maintain and operate construction equipment

so as to minimize exhaust emissions.

(7) Trucks having no current hauling activity shall not idle but be turned off.

(8) The project will result in the removal of vegetation and disturbances to the ground and therefore may result in take of nesting native bird species. Migratory nongame native bird species are protected by international treaty under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R Section 10.13). Sections 3503, 3503.5 and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests including raptors and other migratory nongame birds (as listed under the Federal MBTA).


Proposed project activities (including disturbances to native and non-native vegetation, structures and substrates) should take place outside of the breeding bird season which generally runs from March 1- August 31 (as early as February 1 for raptors) to avoid take (including disturbances which would cause abandonment of active nests containing eggs and/or young). Take means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture of kill (Fish and Game Code Section 86).

If project activities cannot feasibly avoid the breeding bird season,

beginning thirty days prior to the disturbance of suitable nesting habitat, the applicant shall:

A. Arrange for weekly bird surveys to detect any protected native birds in

the habitat to be removed and any other such habitat within properties adjacent to the project site, as access to adjacent areas allows. The surveys shall be conducted by a qualified biologist with experience in conducting breeding bird surveys. The surveys shall continue on a weekly basis with the last survey being conducted no more than 3 days prior to the initiation of clearance/construction work.

B. If a protected native bird is found, the applicant shall delay all

clearance/construction disturbance activities within 300 feet of suitable nesting habitat for the observed protected bird species until August 31.

C. Alternatively, the Qualified Biologist could continue the surveys in

order to locate any nests. If an active nest is located, clearing and construction within 300 feet of the nest or as determined by a qualified biological monitor, shall be postponed until the nest is vacated and juveniles have fledged and when there is no evidence of a second attempt at nesting. The buffer zone from the nest shall be established in the field with flagging and stakes. Construction personnel shall be instructed on the sensitivity of the area.

D. The applicant shall record the results of the recommended protective

measures described above to document compliance with applicable State and Federal laws pertaining to the protection of native birds. Such record shall be submitted and received into the case file for the associated discretionary action permitting the project.

(9) The applicant shall provide a staked signage at the site with a minimum

3-inch lettering containing contact information for the Senior Street Use Inspector (Department of Public Works), the Senior Grading Inspector (LADBS) and the hauling or general contractor.

(10) Chapter IX, Division 70 of the Los Angeles Municipal Code addresses

grading, excavations, and fills. All grading activities require grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within Hillside areas. The application of BMPs includes but is not limited to the following mitigation measures:

A. Excavation and grading activities shall be scheduled during dry

weather periods. If grading occurs during the rainy season (October 15 through April 1), diversion dikes shall be constructed to channel


runoff around the site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity.

B. Stockpiles, excavated, and exposed soil shall be covered with secured tarps, plastic sheeting, erosion control fabrics, or treated with a bio-degradable soil stabilizer.

(11) (Asbestos) Prior to the issuance of any permit for the demolition or alteration of the existing structure(s), the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant indicating that no Asbestos-Containing Materials (ACM) are present in the building. If ACMs are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District's Rule 1403 as well as all other applicable State and Federal rules and regulations.

(12) (Lead Paint) Prior to issuance of any permit for the demolition or alteration of the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Department of Building and Safety. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations.

(13) 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.

(14) Construction and demolition shall be restricted to the hours of 7:00 a.m.

to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday.

(15) Demolition and construction activities shall be scheduled so as to avoid

operating several pieces of equipment simultaneously, which causes high noise levels.

(16) The project contractor shall use power construction equipment with state-

of-the-art noise shielding and muffling devices.

(17) Prior to the issuance of any demolition or construction permit, the applicant shall provide a copy of the receipt or contract from a waste disposal company providing services to the project, specifying recycled waste service(s), to the satisfaction of the Department of Building and Safety. The demolition and construction contractor(s) shall only contract for waste disposal services with a company that recycles demolition and/or construction-related wastes.

(18) To facilitate on-site separation and recycling of construction-related

wastes, the contractor(s) shall provide temporary waste separation bins on-site during demolition and construction. These bins shall be emptied and the contents recycled accordingly as a part of the project’s regular solid waste disposal program.


(19) 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.

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR F-1

FINDINGS

General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located within the area

covered by the Van Nuys-North Sherman Oaks Community Plan which was adopted through an update by the City Council on September 9, 1998. The Community Plan designates the subject property for Medium Residential, Low Medium II Residential, Low Residential land use with the corresponding zones: R3; RD1.5, RD2, RW2 and RZ2.2; and, RE9, RS, R1, RU, RD6 and RD5, respectively and limited to Height District No. 1. The property is presently zoned R1-1, [Q]RD1.5-1, R3-1, (T)R3-1. The recommended Zone is (T)(Q)RD1.5-1 for the easterly parcel is consistent with Land Use Designation.

Related to the instant entitlement request, the building line was originally established (by Ordinance No. 87,516) to set aside land to accommodate the development of the rights-of-way for circulation purposes and uniform setbacks as neighborhoods was developed to their capacity. The current designation of Sherman Way is a Major Highway-Class II. The plans show the area to be dedicated and improved adjacent to the subject project negating the need for the building line. Moreover, the General Plan encourages the preservation and enhancement of existing residential neighborhoods and makes it a goal to meet the physical needs of existing and future residents. Removal of the building line is a technical issue, which is not specifically addressed in the Community Plan or other elements of the General Plan. The Housing Element of the General Plan further promotes the development, preservation and enhancement of the quality residential neighborhoods of the City, and the proposed project is consistent with such policies.

2. General Plan Text. The property contains approximately 5.72 net acres (249,194 net

square feet after required dedication) and is presently zoned R1-1, [Q]RD1.5-1, R3-1, (T)R3-1. The project will provide needed new housing to meet the needs of projected population of the Community Plan. All dwelling will have three or more bedrooms to provide family housing. The development is in conformance with the zone and the land use of the Community Plan. The Community Plan text includes the following relevant land use goals, objectives, policies and programs: Goal 1: A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY.

Objective 1-1: To provide for the preservation of existing housing and for the development of new housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010.

Policy 1-1.2: Protect existing single family residential neighborhood from new, out of scale development. Program: Recent changes in the Zoning Code set height limits (30-45 feet, Sec. 12.21.1 L.A.M.C.) for new single family residential development.

Although the Plan year of 2010 has passed (without an update to the Van Nuys-North Sherman Oaks Community Plan), the objective is still relevant, and project meets this objective by meeting the diverse housing needs within the community. Diversity in product


as demonstrated by the development, offers conventional, single-family, detached, fee-simple lots and small-lot townhomes. The project satisfies these programs by offering aesthetically designed homes, which are compatible, in terms of density, massing, and height with adjacent and nearby residentially developed properties. The modest height increase (from 35 to 36 feet), which is being sought, is still consistent with the nearby multi-family and commercial building heights of 30-45 feet. The development will enhance the current residential neighborhood experience by introducing well-designed new homes that are compatible in scale to the current surrounding residential properties. The architectural design of the houses will vary in material, articulation and unit plan to add interest to the community.

Policy 1-3.1: Require a high degree of architectural compatibility with articulated landscaping for new in-fill development to protect the character and scale of existing residential neighborhoods. Program: The Plan includes Design Guidelines which establishes design standards for residential development to implement this policy.

The architecture is a compatible infill project, and its character and scale is consistent with neighboring residential properties. The project demonstrates quality architecture that is consistent with accepted design principles. The proposed development of 135 single-family dwellings and a park space is allowable under the proposed zones and the land use designations. Streets will be developed to improve circulation for current and future residences within the Cantlay Street neighborhood. Four of these dwellings will have access from Cantlay Street with the improvement of a cul-de-sac. The new single-family dwellings will and be constructed as one-story structures to mirror current development along the block. As stated, the 131 small lots will be limited to a 36-foot height which will be to scale with other development within the vicinity.

Objective 1-3: To preserve and enhance the varied and distinct residential character and integrity of existing single and multi-family neighborhoods.

Policy 1-3.1: Require a high degree of architectural compatibility with articulated landscaping for new in-fill development to protect the character and scale of existing residential neighborhoods.

The proposed project will provide single-family dwellings designed in the townhome style. Each dwelling within the small lot portion of the project will include individual two car garages with front entrances opposite the garage. The benefits of a small lot include a compact design which provides for less of a foot print than traditional condominiums or apartment buildings. Guest parking is located along the common driveway accesses within the internal circulation to deter from overcrowding on the surface streets.

Objective 1-5: To promote and ensure the provision of adequate housing for all persons regardless of income, age, or ethnic background.

Policy 1-5.4: Provide for development of townhouses and other similar condominium type housing units to increase home ownership options.


Program: The Plan cannot require that condominium units be built instead of rental units; however the Plan encourages such type of development by designating specific areas for Low Medium residential land use categories.

The project is contingent upon the recordation of the final tract map (Case No. VTT-72050) which allows for the minimum yard setbacks and no private open space under the Small Lot Subdivision, Ordinance No. 176,354 (effective January 31, 2005). Additionally, no certificates of occupancies are to be issued prior to the final map. This ensures that the development will be subdivided and in conformance with the Small Lot Ordinance.

Objective 4-3: To acquire and develop properties as small parks where it is not possible to acquire sufficient acreage for neighborhood parks.

By dedicating 0.331 acres of land at the southeast corner of the project site to the City of Los Angeles for use as parkland, the proposed development is furthering the objectives of the Community Plan to provide parks to serve residents in the area and to offset the parkland deficit that exists in the Community Plan area. The proposed development conforms to the General Plan Framework Element and other General Plan Element objectives as follows: HOUSING

Objective 4.1: Plan the capacity for and develop incentives to encourage production of an adequate supply of housing units of various types within each City subregion to meet the project housing needs by income levels of future population.

Policy 4.1.1: Provide sufficient land use and density to accommodate an adequate supply of housing units by type and cost within each City subregion to meet the twenty-year projections of housing needs. Policy 4.1.4: Reduce overcrowded housing conditions by providing incentives to encourage development of family-size units. Policy 4.1.5: Monitor the growth of housing developments and the forecast of housing needs to achieve a distribution of housing resources to all portions of the City and all income segments of the City’s residents. Policy 4.1.7 Establish incentives for the development of housing units appropriate for families with children and larger families.

The subdivision will provide 135 dwellings at a density that is consistent with the Low Residential, Low Medium II Residential, and Medium Residential land use designations. These single-family residences will each contain three bedrooms, three full baths and a two garage, appropriate for families with children or extended families.

Objective 4.2: Encourage the location of new multi-family housing development to occur in proximity to transit stations, along some transit corridors, and within some high activity areas with adequate transitions and buffers between higher-density development and surrounding lower-density residential neighborhoods. Objective 4.3: Conserve scale and character of residential neighborhoods.


Sherman Way contains two Metro Bus Lines and one Municipal Line which connect to larger transportation systems in the vicinity including the Amtrak/Metrolink Station, Van Nuys and Burbank airports, and the Orange and Red Lines. OPEN SPACE

Objective 6.4: Ensure that the City’s open spaces contribute positively to the stability and identity of the communities and neighborhoods in which they are located or through which they pass.

Policy 6.4.8: Maximize the use of existing public open space resources at the neighborhood scale and see new opportunities for private development to enhance the open space resources of the neighborhood.

The project has been redesigned to include the development of a pocket park for use by the new development and surrounding neighborhood. Being that the proposed park is also across the intersection from a public elementary school, the site could be used by families before and after school hours. The National Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 172,081, has been reviewed and it has been determined that the property is located in Zone C, areas of minimal flooding. The uses as presented are permitted in the proposed zone and are consistent with the policies and objectives of the adopted General Plan Framework. The project furthers the goals and objectives of the Van Nuys-North Sherman Oaks Community Plan by providing for-sale housing, completing street dedications and improvements, limiting height, and providing open space. Therefore, as conditioned herein, the proposed project will be consistent with the General Plan.

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

Cantlay Street is a Local Street dedicated to a 54-foot width which terminates at the project’s street frontage and improved with curb, gutter, sidewalk, landscaped parkway, street trees, and street lights. The Bureau of Engineering is requiring that a 54-foot wide and variable width right-of-way be dedicated for the proposed Cantlay Street extension, including a 44-foot radius property line cul-de-sac at the terminus. Hazeltine Avenue is a Secondary Highway dedicated to variable widths between 68 and 88 feet and improved with curb, gutter, sidewalk and street lights on the project's street frontage. The Bureau of Engineering is requiring a 3-foot and variable width strip of land to be dedicated along Hazeltine Avenue adjoining the subdivision to complete a 45-foot wide right-of-way dedication in accordance with Secondary Highway Standards. Sherman Way is a Major Highway Class II, dedicated to a 100-foot width at the project's street frontage and improved with curb, gutter, sidewalk and street lights. The Bureau of Engineering is requiring a 2-foot wide strip of land be dedicated along Sherman Way adjoining the subdivision to complete a 52-foot wide half right-of-way dedication in accordance with Major Highway-Class II Standards, including a 20-foot radius property line return at the intersection with Hazeltine Avenue.


This project is not subject to any geographic specific plan requirements. The proposed project will provide a minimum 270 residential parking spaces in conformance with the LAMC. In addition 10 parking spaces for use by the park lot and common guest parking spaces within the small lot development will be provided in excess of that required by the LAMC. The Department of Transportation is conditioned to approve the driveway and circulation plan. Urban Forestry Division of Street Service, the Street Lighting Bureau, Department of Water and Power, and Sanitation have also conditioned additional improvements.

Entitlement Findings 4. Zone Change Findings.

a. Pursuant to Section 12.32-F 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 site is currently developed with a private school and preschool including 13 buildings and five sheds. It is one of the few under-improved properties in the vicinity. The development of this tract is an infill of an otherwise mixed-density neighborhood. The developer met with the local residences group, the Council Office, and the Van Nuys Neighborhood Council and redesigned the project to include a park lot and reduce the number of single-family lots on Cantlay Street to four homes initially constructed as single-story. The development of 135 single-family homes and park space will be beneficial to the community as it provides more homeownership opportunities and is designed to fit into the existing development pattern. The zone change make the project consistent with the public necessity, convenience, general welfare and good zoning practices. Public Necessity: The granting of the proposed Zone Change would result in a project that addresses public necessity by allowing the development of needed housing in the community, complimenting street widening and improvements, and providing public open space for all in the neighborhood to enjoy. Convenience: Granting the proposed zone change would result in a project that is consistent with the public’s convenience. The project site is located in a residential and commercially mixed neighborhood within the Van Nuys-North Sherman Oaks Community Plan area. The site’s location on the northwest corner of Sherman Way and Hazeltine Avenue and its proximity to Van Nuys Boulevard and Woodman Avenue provides convenient vehicular access and public transit opportunities for residential and commercial uses. It is also located across the intersection from Hazeltine Avenue Elementary School. The residential and park use will also serve the local neighborhood and the community at large by preserving and enhancing the character of the multi-family and single-family residential neighborhood, while being in close proximity to neighborhood commercial services.

General Welfare: Granting the requested zone change would be consistent with the General Welfare, in that the request involves a zone and use that is consistent with the plan’s underlying Land Use Designation of Low Medium II Residential. The property is currently used as a private school which is underutilized as enrollment is low. The improvements resulting from the zone change will enhance the visibility and aesthetic character of the site. Further, the project would be designed in conformance with all applicable fire and safety codes which are intended to promote


the General Welfare. Lastly, the applicant is proposing a project that would be consistent with all applicable zoning regulations. Good Zoning Practice: The existing dual-zones allows for residential development. However the current “Q” condition on the existing RD1.5 Zone limits height to 35 feet. The Van Nuys-North Sherman Oaks Community Plan designated this neighborhood under Height District No. 1 which limits entire site to a floor area not to exceed three times the building area. It does not limit the height. On the other hand the proposed zone change will limit the height to 36 feet to allow for pitch roofs in lieu of flat, which provides for better rain run-off and more architectural interest. The zone change of the R1 portion of the site to RD1.5 will allow for greater density and be more consistent with the Plan’s Low Medium II Residential Land Use Designation. The proposed (T)(Q)RD1.5-1 Zone will allow more density and preserve and enhance the character of the surrounding neighborhood consistent with the intent and purpose of the Community Plan. The zone change will also allow a higher density closer to major thoroughfares, while buffering the single-family neighborhood to the west.

b. Pursuant to Section 12.32.Q(a)(2) of the Municipal Code, the action, as recommended, has been made contingent upon compliance with new “T” and “Q” 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. Building Line Removal. The requested building line removal is in conformity with public

necessity, convenience, general welfare, and good zoning practice in that its retention on the subject property is no longer necessary for the purpose of reserving a portion of the property for future highway dedication and improvement. The 15-foot Building Line at 14111-14135 W. Sherman Way along the north side of street was established on portions of Sherman Way between Clybourn Avenue (City boundaries) and Sherman Circle (just west of Van Nuys Boulevard) by Ordinance No. 87,516 (approved on January 15, 1943).

Historically the primary function of the building line was to provide uniform setback of

buildings. These are now considered archaic, as yard setbacks are required per the respective zone under the current LAMC. The imposition of the 15-foot building line would necessitate that two or three residential units be eliminated from this project. Further, the current school on site is built to the property line and does not observe the 15-foot setback. It is also not necessary for the purpose of obtaining minimum, uniform alignment from the street at which buildings, structures or improvements may be built or maintained, since a minimum front and side yard setbacks must be observed from the new lot line for any new building or structure.

Sherman Way is classified as a Major Highway Class II with 100-feet of highway from the

north side to the south side of the street and would be sufficient for the current daily traffic flow. The subject will be required to dedicate 2 feet for additional right-of-way widening, therefore making the building line unnecessary. The front and side yard alignments will be in conformance with the setback approval under Case No. VTT-72050 and the street improvements will assure conformity with the Transportation Element of the General Plan.


6. Zone Variance Findings.

a. The strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations.

The Low Medium II Residential land use site as current zoning is R1-1 and [Q]RD1.5-1 and the recommended (T)(Q)RD1.5-1 zone change will be in conformance with the intent and purpose of the City’s General Plan and unifies the site under one zone. The Medium Residential land use area contains a 15-foot building line which is proposed for removal. The proposed 131 small lots are permitted within these combined multiple-family zones. However, LAMC Section 12.21-C,5(h) states that no accessory use shall be located on a property in a more restrictive zone than that required for the main building or main use to which it is accessory. A variance is necessary to allow vehicular access from a less restrictive zone (R3-1 Zone) to a more restrictive zone (RD1.5-1 Zone). This allows the site to be designed in a uniform manner across dual zones. Three townhomes (Nos. 24, 37, and 38) are proposed to be constructed across both zones along with landscaping, guest parking spaces, and common access driveways. There are only two driveways cuts which are accessed from the RD1.5 Zone portion of the property. The third driveway within the R3 zoned portion is only for emergency vehicle access and will be developed with a crash gate and landscaping. As Sherman Way is a Major Highway Class II, it is important that the site maintain continuity of the sidewalk by minimizing the number of curb cuts for driveways for access and egress (Residential Citywide Design Guidelines, Objective No. 4.2). To require separate access to add an additional driveway could create additional automobile queuing for a second driveway cut on Sherman Way. This would result in practical difficulties and an unnecessary hardship when internal access is available as designed. The other variances considered are for early start construction prior to the recordation of the final tract map. A concurrent subdivision was approved and not appealed, which included the 131 small single-family lots in conformance with the Small Lot Ordinance (No. 176,354). That ordinance does not require passageways, building separation, or common open space once the final map is recorded. As the applicant has requested early start construction prior to recordation of the final tract map, variances are needed from standard passageway, building separation, and open-space requirements. The project has been conditioned to not be issued certificates of occupancies prior to the recordation of the final map. The variances are sought in order to remedy technical conflicts between the Small Lot Ordinance, the general provision of the Planning and Zoning Code and policy of the Department of Building and Safety relative to commencing construction prior to final map recordation. To deny the variances would result in practical difficulties inconsistent with the general purposed of the zoning regulations. The design of this project was carefully considered to complement the surrounding area while addressing the need for housing the City, and the “early start” variances are only necessary until the final map records.

b. There are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity.

The subject property is comprised of two parcels totaling 273,050 gross square feet

with frontages Sherman Way, Hazeltine Avenue and Cantlay Street. Although there


are other lots collectively similar in size and shape, the unique combination of a large lot with a corner location provides enough space and sufficient access to accommodate a Small Lot subdivision. It is the intent and purpose of the Small Lot Ordinance to provide opportunities for the creative reuse of sites such as the subject to provide affordable single family housing in a multi-family zone.

Strict adherence of the 10-foot building separation, 12-foot passageway, and open

space requirements would be inconsistent with the spirit and intent of the Small-lot Ordinance No. 176,354. The ordinance allows for zero space and setback between buildings, has no passageway requirement, and exempts common open space requirements since each lot will only have one dwelling unit. To condition each requirement would in effect minimize the buildable floor area space for each townhome. As stated, this variance to the building separation is used only as a means to an “early start” prior to final map recordation.

The LAMC inherently prohibits access between more and less restrictive zones. The

strict adherence to the access requirements would not allow vehicular circulation between the dual proposed zoning of R3 and RD1.5. Both zones allow for the small lot single-family development and the variance from the access requirement would provide for integrated developments with internal common access driveways and common guest parking spaces. Without the approval of the access variance, a separate driveway access would be required on Sherman Way to service the proposed 19 small lot (Lot Nos. 5-23) in the R3-1 zoned portion of the property, there by introducing potential traffic conflicts not approved by the Department of Transportation.

The subject site with the proposed zoning allows for the development of 152-units

after required dedications. However the applicant is proposing 131 single-family small lots and one park lot. The two driveways will provide direct vehicular access through common driveways within the project, and along with various pedestrian accesses, each dwelling will have sufficient direct open air and natural light as intended by the open space requirement (LAMC Section 12.21-G,1).

c. The variance is necessary for the preservation and enjoyment of a substantial

property right or use generally possessed by other property in the same zone and vicinity but which, because of the special circumstances and practical difficulties or unnecessary hardships, is denied the property in question.

The building separation, open space, and passageway variances are necessary for

the preservation and enjoyment of a substantial property right or use generally possessed by other properties in the vicinity. The project was designed and proposed as a small-lot subdivision by utilizing Ordinance No. 176,354. The number of dwellings, the amount of parking and the site access all conform with the design criteria described in LAMC Section 12.22-C,27 and the Small Lot Subdivision Guidelines. Again, the relief of the open space, passageway, and building separation only applies prior to the map recording. The zone variance would allow early construction prior to the final recorded map consistent with the Small Lot Ordinance.

The variance that is being sought is meant to address the technicality of a building

separation, open space, and passageway standard that only applies until the final map records. This small-lot subdivision map was approved on March 28, 2013 and the “early start” variances are only necessary in order for the applicant to commence construction prior to final map recordation. As explained herein, the strict application


of the common open space requirement would create practical difficulties and unnecessary hardships to the subject property because the proposed project is a Small Lot Subdivision consisting of 131 single-family homes on 131 separate fee-simple lots. The Small Lot Subdivision Ordinance requires that common open space be provided if the building footprints of all structures exceed 80 percent of the total lot area (LAMC Section 12.22-C,27) and required no building separation or passageways. The total floor area of the proposed structures is conditioned not to exceed 80 percent; therefore no common open space would be required after the map is recorded. Strict adherence to the open space requirement, while maintaining a viable project, is impractical. The property rights generally possessed by property owners in the same zone or vicinity are denied to this property owner who must seek variances to allow the proposed project, which is consistent with the Small Lot Subdivision Ordinance to be constructed prior to recordation of the final map. Thus, such variances are necessary for the preservation and enjoyment of a substantial property right or use generally possessed by others in the same zone and vicinity but because of such special circumstances and practical difficulties or unnecessary hardship, are denied the property in question.

The access variance however is necessary to provide an internally integrated

development where all lots can be accessed from internal driveways and all guest parking spaces can be accessed by visitors to any units within the development without real or artificial barriers to movement. Additionally, multiple-family residential dwellings are a permitted use in both the RD1.5-1 and the R3-1 Zones. The proposed access between the less restrictive and more restrictive zone is not a connection between two different types of developments. The proposed dwelling units in each zone with the project will be the same townhouse style units of the same size with exactly the same features. Thus, granting the access variance will preserve the right of the future property owners within each part of the small lot subdivision to have equal access to all amenities of the project.

d. The granting of the variance will not be materially detrimental to the public

welfare, or injurious to the property or improvements in the same zone or vicinity in which the property is located.

The proposed project is not materially detrimental to the public welfare or injurious to

the property or improvements in the same zone or vicinity. The project exhibits design qualities and features that will make it desirable and beneficial to the neighborhood. The applicant has shown sensitivity to the neighboring properties and uses by designing a building that fits in with surrounding building massing and provides transitions that are sensitive to the surrounding uses. The proposed project would provide an appropriate transitional development between the abutting single-family, multi-family, and commercial. The proposed project will comply with all LAMC requirements for parking, yards, and open space in accordance with the Small Lot Ordinance (No. 176,354). The access across zoning is a technical request from the LAMC, as this is normally of concern when access is from low residential to multiple-family residential.

The project will contribute to the public welfare by providing safe and new housing

that will also set a high standard for residential projects along Hazeltine Avenue and Sherman Way. Rather than other typically attached, multi-residential developments in the immediate community, the project will feature 131 stand-alone small-lot single-family homes. This project will further inspire similar proposed developments in the community in hopes of addressing the lack of quality single-family housing.


The vehicular access variance also will not be detrimental because internal access

between portions of the site in the more and less restrictive zones will not have a physical impact on the overall circulation within the site. The proposed project will in fact provide an architecturally unified development in two different zones. The access variance would allow vehicles to cross from the less restrictive zone (R3-1 zone) to the more restrictive zone (RD1.5 zone).

There are potential public health problems caused by the improvement of the

proposed subdivision. However, all are being mitigated through the environmental document and further measures were added within the Conditions of Approval, which need to be satisfied prior to completion of the project. The development is required to be connected to the City's sanitary sewer system, where the sewage will be directed to the LA Hyperion Treatment Plant, which has been upgraded to meet Statewide ocean discharge standards. The Bureau of Engineering has reported that the proposed development does not violate the existing California Water Code because the subdivision will be connected to the public sewer system. Therefore, the granting of the proposed adjustments is in conformance with the spirit and intent of the Planning and Zoning Code and will not be materially detrimental to the public welfare or injurious to others in the same zone or vicinity.

e. The granting of the variance will not adversely affect any element of the

General Plan. One of the key policies of the Framework Element is to “provide sufficient lands for

the development of an adequate supply of housing units.” With the 135-lot development proposes, the project will be consistent with this provision of the Framework Element. The Framework Element includes the following objective:

Objective 3.3: Accommodate projected population and employment growth

within the City and each community plan area, and plan for the provision of adequate supporting transportation and utility infrastructure and public services.

The Framework acknowledges that over time, the City’s population will continue to

grow. The need for housing this population is part of the City’s Housing Element and RHNA figures. The Framework Element also states that the City “has insufficient vacant properties to accommodate forecast population increases. Consequently, the City’s growth will require the reuse and intensification of existing developed properties.” The project is part of the solution to meeting the City’s housing need.

The purpose of the General Plan, in part, is to “promote an arrangement of land use,

circulation and services which will encourage and contribute to the economic, social and physical health, safety, welfare, and convenience of the Community, within the larger framework of the City; guide the development, betterment, and change of the Community to meet existing and anticipated needs and conditions…reflect economic potentials and limits, land development and other trends; and protect investment to the extent reasonable and feasible”. The reduction of the building separation, open space, passageway, and access requirement will not adversely affect the General Plan. The proposed project adheres to Small-lot Subdivision Ordinance No. 176,354 which contributes to the overall vibrancy and health of the community. The design of this project was carefully considered to complement the surrounding area while


addressing the need for housing in the City of Los Angeles, and the variances are only necessary until the final map recordation process is complete.

Granting of variances to permit zero common open space, 2-inch building

separations and 5-foot passageways and a variance to allow access between zones will not adversely affect any element of the General Plan. The proposed development of 131 new small lots are allowable under the proposed zoning and current the land use designations. Small lots provide a more affordable single-family dwelling than traditional homes as the houses are more compact in design. Furthermore, after the tract map records, the project will conform to all other LAMC requirements, expect access granted herewith, for the RD1.5 and R3 Zone including height, parking, and lot area.

The Van Nuys-North Sherman Oaks Community Plan calls for the development of

new housing to meet the diverse economic and physical needs of the existing and expected new residents while locating housing near bus routes, and providing new housing opportunities to minimize the displacement of residents. The proposed Small Lot Subdivision is consistent with these goals as outlined in the Community Plan.

The proposed project will contribute to the public welfare by providing safe and

attractive new housing. Rather than another typically attached, multiple-family residential development in the immediate community, the project will feature 131 single-family, fee simple lots. This project could inspire similar proposed developments in the surrounding community in the hope of promoting alternative quality single-family housing. For these reasons as well as the others described herewith the subject variance for no common open space will not adversely affect any element of the General Plan.

7. Zoning Administrator’s Adjustment Findings

a. While site characteristics or existing improvements make strict adherence to

the zoning regulations impractical or infeasible, the project nonetheless conforms with the intent of those regulations. The Zoning Administrator’s Adjustment allows the construction of residences with less than the required front setback in the RD1.5 and R3 zone portions of the project site, and rear setbacks in the R1, RD1.5, and R3 portions of the project site prior to final map recordation. A minimum 10-foot front yard setback is proposed in lieu of the 15-feet required in the RD1.5 and R3 portion of the site fronting Sherman Way. An adopted Building Line requires a fifteen-foot setback within the R3 zone, but with a two foot required dedication along the front yard along Sherman Way a 13-foot front setback would be required. However, the Building Line Removal has also been requested herewith. In the Residential Citywide Design Guidelines, Objective 1 stated that project should “consider neighborhood context and linkages in building and site design. In small lot subdivision where there is an existing average prevailing setback, that setback should be provided for continuity along the street edge”. The concurrent subdivision has been approved for the case with a 5-foot front yard setback from Sherman Way and is contingent upon the approval herewith. The tract map is a tentative map and revision can be afforded based on this approval. The required rear yard setback in the R1, RD1.5, and R3 zones of the site is 15 feet. The project will provide a minimum 5-foot rear yard setback in the R1, RD1.5, and R3 portions of the site. The Small Lot Ordinance allows, by-right, the variations from


the standards of the Los Angeles Municipal Code as proposed by this project. The Small Lot Ordinance does not require that an applicant obtain any entitlement for adjustment or variance as requested herein for this project. The purpose of the Small Ordinance is to facilitate the creation of affordable housing units for fee-simple ownership in multi-family zones. It would be contrary to the intent and spirit of the zoning regulations to not permit the proposed entitlements, as the Small Lot Ordinance explicitly permits the proposed entitlements by rights, or with limited discretion under the subdivision determination. Therefore, the proposed site improvements relative to the compliance with the Zoning Code and the Small Lot Ordinance make strict application of the zoning regulation impractical an infeasible. The Zoning Code regulates front, side and rear yards and separation of buildings to ensure uniformity and standardization of yards for residential properties located in the same zone and land use designation. This is to provide consistency of minimum yards and open space on properties located in the same zone. The proposed separation of 2-inches between each dwelling unit is being requested. These separations are internal to the project and will have no impact, visual or otherwise, on the adjacent residential uses. The project will provide 10-foot setbacks along both street frontages and 5-foot setbacks on the side and rear yards which will provide adequate light and air on the project site. The standard yards and passageway requirements pursuant would require the applicant to delay construction until after the final map is recorded. The Small Lot Ordinance explicitly permits the proposed entitlements and does not require that the applicant request adjustments, variances or other entitlements in granting an approval for a Small Lot Subdivision. It is matter of policy of the Department of Building and Safety that applicants, who wish to begin construction prior to the recordation of the Tract Map, obtain these entitlements. It was never the intent of the Small Lot Ordinance to require additional entitlement processes for those development standards explicitly addressed by said ordinance, outside of the discretion of the subdivision determination. This “early start” Zoning Administrator’s Adjustment is only necessary for the construction of dwelling units prior to final map recordation. The project will comply with the small lot subdivision setback standards once the final map is recorded. Therefore, the granting of the proposed adjustments is in conformance with the spirit and intent of the Planning and Zoning Code.

b. In light of the project as a whole including any mitigation measures imposed,

the project‘s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.

The site consists of two rectangular lots that total of approximately 273,050 gross

square feet (6.27 acres). The site is located on the northwest corner of the intersection with frontage on both streets. Hazeltine Avenue has an approximate 600-foot frontage and Sherman Way has an approximate 410-foot frontage. There is a 15-foot building line along the project 125-foot street frontage along the west end of Sherman Way (just in the R3-1 Zone portion of the property). Currently there are several structures on the site to be demolished with the approval of the project. Being one of the few unimproved properties in the vicinity, the development of this tract is an infill of an otherwise mixed-density neighborhood.


Surrounding uses include single-family, multiple-family, commercial uses, and an elementary school. The proposed project would provide an appropriate transitional development between the single-family to the northwest, multiple-family to the north, southwest, and northeast, and commercial on the east and south. The proposed project would provide for sale single-family homes on small lots and traditional lot and is developing a public park. The proposed project will comply with all LAMC requirements for parking, yards, and open space in accordance with Small Lot Ordinance (No. 176,354).

The Small Lot Ordinance (No. 176,354 LAMC Section 12.22-C,27(e-f)) became

effective January 31, 2005 and allows single family lots to be developed with no front, side or rear yard setbacks, and no passageways (space between buildings). However, the ordinance does require a 5-foot setback from neighboring properties not within the subdivision. The adjustments are sought in order to remedy technical conflicts between the Small Lot Ordinance, the general provision of the Planning and Zoning Code and policy of the Department of Building and Safety relative to commencing construction prior to final map recordation.

The project site lies within a substantially built-out and urban environment. The does

not contain wildlife corridors or substantial natural habitat. Furthermore, on March 13, 2013, the Department of City Planning issued Mitigated Negative Declaration No. ENV 2012-3244-MND and subsequent reconsideration of the project description on March 27, 2013. The consideration is whether or not the adjustments themselves would result in adverse impacts. The adjustments are required as the Department of Building and Safety will not issue permits for the construction prior to the recordation of the tract map; therefore, the adjustments are merely technical in nature. Once the tract map is recorded, no adjustment entitlement would be required for the project as designed. Therefore, all other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.

c. The project is in substantial conformance with the purpose, intent and

provisions of the General Plan, the applicable community plan, and any specific plan.

The purpose of the General Plan, in part, is to “promote an arrangement of land use,

circulation and services which will encourage and contribute to the economic, social and physical health, safety, welfare, and convenience of the Community, within the larger framework of the City; guide the development, betterment, and change of the Community to meet existing and anticipated needs and conditions…reflect economic potentials and limits, land development and other trends; and protect investment to the extent reasonable and feasible.” The technical need for a front and rear yard setback Adjustment will not adversely affect the General Plan. On the contrary, this proposed project, adhering to Small Lot Subdivision Ordinance No. 176,354 is, in fact, contributing to the overall vibrancy and health of the community.

The Land Use Element of the City’s General Plan divides the city into 35 Community

Plans. The applicable Van Nuys-North Sherman Oaks Community Plan designates the subject property for Medium Residential, Low Medium II Residential, Low Residential land use with the corresponding zones: R3; RD1.5, RD2, RW2 and RZ2.2; and, RE9, RS, R1, RU, RD6 and RD5, respectively and limited to Height District No. 1. The site is 249,194 net square feet (after the required dedication). The proposed development of 131 single-family lots, in accordance with the Small Lot


Subdivision Ordinance, is allowable under the current the land use designation and proposed zone change herewith. The site is not located within any geographic specific plan area.

The Housing Element of the General Plan encourages the creation of new and

affordable housing stock, as there remains a very strong demand for new affordable single family dwellings. With respect to the demand, the Small Lot Ordinance was created to facilitate the development of such housing by reducing the lot area, yard setback and open space requirements. The Community Plan (a component of the Land Use Element of the General Plan) clearly “promotes neighborhood preservation, particularly in existing single family neighborhoods, as well as in areas with existing multiple family residences” (Policy 1-1.6). Additionally, the Community Plan wants to “provide for development of townhouses and other similar condominium type housing units to increase home ownership options” (Policy 1-5.4). To further accommodate the needs and desires of the Community Plan, ordinances such as the Small Lot Ordinance were created to augment the number of housing choices for individuals. The Small Lot Ordinance provides opportunities to accommodate fee-simple ownership of homes in multi-family zones, whereby reducing lot area, open space and yard requirements would assist with accommodating the creation of smaller single family homes. The proposed project is designed consistent with said ordinance and would not be required to obtain the adjustments herein following the recordation of the tract map. In consideration that the adjustment entitlements are technical in nature and would not be required after the map recordation, the granting of the adjustments is in conformance with the intent and provisions of the General Plan and Community Plan.

8. Site Plan Review Findings

a. That the project is in substantial conformance with the purposes, intent and provisions of the General Plan, applicable Community Plan, and any applicable Specific Plan.

The proposed development is consistent with the General Plan Housing Element’s purpose of providing housing for families of all economic income levels. Approval of development will help to satisfy the Housing Element target of producing 112,876 dwelling units (of which 86,891 are to be market-rate). The overall goal of the Housing Element is to have a City where “housing production and preservation result in an adequate supply of ownership and rental housing that is safe, healthy, sanitary and affordable to people of all income levels”. The project will be consistent with this goal by providing 135 new dwelling units and suitable infrastructure (internal circulation, public street dedications, sewerage, storm drains, etc.) to support the development. The proposed project design complies with all applicable provisions of the LAMC and the Van Nuys-North Sherman Oaks Community Plan except for any allowances that may be permitted under the granting of the requested entitlements. The site is level and is not located in a slope stability study area, high erosion hazard area, or a fault-rupture study zone. The tract has been approved contingent upon the satisfaction of the Department of Building and Safety, Grading Division prior to the recordation of the map and issuance of any permits. The project proposes to grade approximately 11,900 cubic yards including importing approximately 8,800 cubic yard of dirt.


The proposed project complies with the intent and objectives of the General Plan. The Van Nuys-North Sherman Oaks Community Plan designates the site for Low Residential land use over the R1-1 zoning at the northwest portion of the site. This portion of the property will be developed with conventional, fee-simple, single-family detached dwelling units. Thus, this portion of the site will be consistent with the Community Plan. The balance of the property is designated by the Community Plan for Low Medium II Residential and Medium Residential land use. This is the area of the site designed for small-lots at a density that is consistent with the Low Medium II and Medium Residential land use category. The project as proposed complies with this objective, policies and programs as stated in Finding No. 2 herewith. The development offers a variety of housing types thereby promoting greater choice for future home buyers. The project does not displace any current residences. Finally, the project is primarily a townhouse development which will produce 131 units for sale. The last program identified above encourages “condominium” ownership within the Low Medium Residential land use category and this is accomplished through the small lot ordinance. In addition, the proposed project is in conformance with the Citywide Design Guidelines for residential projects and the Walkability Checklist as discussed below. Approval of the requested Zone Change, Building Line Removal, and Site Plan Review would permit the development of a much needed for-sale single-family project. Therefore, the project, as conditioned complies with all applicable provisions of the LAMC and is consistent with the General Plan and Van Nuys-North Sherman Oaks Community Plan.

b. That the project consists of an arrangement of buildings and structures

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

The site currently contains a private school, and the proposed project would provide 135 single-family lots and one park lot (17,078 square feet). The proposed project will comply with all LAMC requirements for parking, yards, and open space in accordance with the Small Lot Subdivision (Ordinance No. 176,354) and transitional single family requirements under the R1 Zone. The area is level and consists of a mix of urban development including public facilities, commercial, multiple-family, and single-family uses. The proposed project would provide an appropriate transitional development between the proposed uses and existing uses. The proposed development will be consistent with adjacent and neighboring properties in terms of scale and massing. Completing the single-family residential along Cantlay Street with a cul-de-sac and buffering the corner with a public park will provide buffer for the 131 small lots. The four Cantlay lots portion will be developed with conventional, fee-simple, single-family detached homes will be compatible with the single-family homes adjoining the property to the north and west of this portion of the site. The small-lots will be consistent with the modestly medium density of apartment fronting along both sides of Hazeltine Avenue and Sherman Way. However they will provide for sale lots including a townhome style dwelling with three bedrooms, three bathrooms, and attached garages with direct entrances, an alternative to condominium or multiple-family development within the neighborhood.


Compatibility. The proposed project is subject to the provisions of the Van Nuys-North Sherman Community Plan and standards as stated in previous findings. Although intersection is predominately characterized with commercial uses and a school, the adjacent uses to the north, northeast, and west are developed with medium density residential and to the northwest low density residential. The existing apartments along these frontages have been developed at an RD1.5-1 or R3-1 density, which is compatible with the density proposed for the small-lots. The surrounding apartment buildings are two and three stories in height, which is consistent with the proposed townhomes. The project is also compatible with height of the commercial development located at the southwest corner of Sherman Way and Hazeltine Avenue. The proposed project is for the development of single-family residential (traditional and small lot) and a park lot all built at grate. The project will incorporate mitigation measures to ensure neighboring uses are not significantly impacted by the proposed development. Site Planning/Building Orientation/Frontage. The project site is rectangular in shape and has frontages along Sherman Way, Hazeltine Avenue, and Cantlay Street. The site is generally flat and contains several school building fronting both the Major and Secondary Highways. Access to the proposed conventional R1-1 lots will be from an extension of Cantlay Street. A turnaround has been designed at the terminus of the frontage road for all vehicles, including service trucks. For the small-lot portion of the development, vehicles and service trucks will have the convenience of accessing the site from both Hazeltine Avenue and Sherman Way. The dwellings will all have two-car garages with direct entrances into the homes which are all accesses off of common access driveway and not off the two driveway entrances. In addition, parking will be available along the private street easement serving the conventional, fee-simple, single-family homes, as well as on the driveway aprons at each home site. Within the small-lot portion of the development, there will be 20 guest parking spaces. Although landscaping within the conventional R1-1 lots will be determined by the individual homeowners, within the small-lot portion of the project, there will landscaped yards within the lots, as well as the use of the adjacent park being developed with the project. Each of the townhomes has individual front yards and has at least two elevations with windows and doors which will provide natural ventilation. Also, the entrances are recesses slightly which minimizes heat exposure by allowing shade and provide a physical change in the façade to highlight the pedestrian entrance. Lots fronting both Hazeltine Avenue and Sherman Way have those primary pedestrian entrances located at grade and oriented toward the street. Design. The scale, massing, and location of the proposed residential townhome buildings will respond to the rectangular shape and topography of the site and to the commercial and residential context of the properties that adjoin the project. All of the proposed townhomes have been considered with respect to light and ventilation with each unit having access to individual front yard open space. The buildings are comprised of three stories of residential units with ground floors containing garage, entrance lobby to stairway, coat closet, and utility closet. The garage will house two cars, individual trash and recycling storage, and bicycle storage. The four traditional lots will front the proposed cul-de-sac extension of Cantlay Street. The proposed project has been designed consistent with the design policies set forth in the Van Nuys-North Sherman Community Plan, the Citywide Design Guidelines and the Walkability Checklist as further discussed below.


Height/Bulk. The 36-foot height of the proposed townhome rows is taller than some of the two story multiple-family structure within the vicinity however, the existing and proposed Height District 1 does not limit the height of structures, only the floor area ratio (FAR) to 3:1. The existing Q Condition limits only a portion of the site to 35 feet; though the new zone will replace that permanent [Q] Condition with the proposed condition of approval for a maximum 35-foot height. The applicant could develop the structure with flat roof and conform to the 35-foot height, still a pitched roof provide better rain run-off and less maintain concern for future residents. The traditional homes on Cantlay Street will be developed as one story structures to mirror current development along that local street. As such, the proposed building will be consistent with the RAS4 zoning of the project site. Setbacks. The R1 zone will provide all setbacks as required under LAMC Section 12.08-C. The proposed (T)(Q)RD1.5 and current R3 zones requires a 15-foot front yard setback, 6-foot side yard setbacks, and a 15-foot rear yard. Because the project was approved as a small lot subdivision (VTT-72050), only 5-foot yards are required from any adjacent lot not approved as a small lot and no yards are required between small lots abutting each other. This is the reason the development has been designed as townhome or row style dwellings. With approval of the Zone Variance and Zoning Administrator’s Adjustment to allow reduced yards, building separations and passageways the proposed project can being early start construction prior to the recordation of the final map, through has been conditioned not to receive certificates of occupancy until the tract records. Citywide Design Guidelines. “The Citywide Design Guidelines have been created to carry out the common design objectives that maintain neighborhood form and character while promoting design excellence and creative infill development solutions.” The Guidelines are intended as a tool in evaluating project applications along with relevant policies from the General Plan Framework and Community Plans. Incorporating the guidelines into a project’s design encourages compatible architecture, attractive multi-family residential districts, pedestrian activity, context-sensitive design, and place-making. The project has been designed in observance of many of the Residential Citywide Design Guidelines goals. The project complies with the following Citywide Design Guideline Objectives and incorporates several design principles:

Objective 1: Consider Neighborhood Context and Linkages in Building and Site Design. The design of the small lot subdivisions (low-rise townhomes) ensure that all street-fronting units have a primary entrance facing the street. The site plan provides paths of travel to the sidewalk with links the future owners to the intersection which provides short distance from transit stops. Locating the proposed public park at the corner provides community space accessible to the street. The design incorporates transitions including landscaping, paving, and recesses porches at individual entrances to residences, and from the sidewalk to the front door. Objective 2: Employ Distinguishable and Attractive Building Design. The project includes various design elements that provide scale and interest on the building façade. The townhome alternate different textures, colors, materials, and distinctive architectural treatments to add visual interest while avoiding dull


and repetitive façades. Porches are used to orient housing towards the street and promote active and interesting neighborhood streetscapes. The project applies changes in material purposefully and in a manner corresponding to variations in building mass. Objective 3: Provide Pedestrian Connections Within and Around the Project. Street trees will be planted at the minimum spacing permitted by the Division of Urban Forestry, typically one tree for every 20 feet of street frontage, to create a consistent rhythm. There are currently five driveway curb cuts and the project is proposing only two with a third only used for emergency access. The driveway cuts of Hazeltine Avenue will be reduced to one which will provide for more on-street parking. Any unused curb cuts and driveways shall be replaced with sidewalk and curbs to maintain continuity for pedestrians. Objective 4: Minimize the Appearance of Driveways and Parking Areas. The project includes two vehicular entrances leading to common access driveways. Although the garage parking is not visible from the public right-of-way, direct access is provided for each dwelling. The project requires 262 parking spaces, however 20 additional parking spaces are provided for guest use and the 10 parking spaces within the park lot can be used as night when the park is not in use. In addition, the applicant has been conditioned to submit a final driveway and parking plan 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. Objective 5: Utilize Open Areas and Landscaping Opportunities to their Full Potential. The applicant volunteered and has been conditioned to replace any removed trees by a one and one-half ratio. This will provide a minimum of 50 percent more trees than exist on the site currently. In addition to the street trees will provide canopy trees in planting areas for shade and energy efficiency. As previously mentioned the proposed project has been designed with adequate open space for a small lot subdivision and is creating outdoor recreation space through the development of a park.

Objective 6: Improve the Streetscape Experience by Reducing Visual Clutter.

No signage is being proposed in conjunction with the proposed project. The applicant has designed the project to reduce the visual appearance of utilities. Trash areas, long term bicycle storage, and water heaters are located within the private garage space and will therefore not be visible to the general public. Within the porch area is a utility closet that is designed into the building façade for screening, however allows reading of meters by utilities companies without needed access permission. All utility transformers visible from the public right-of-way have been condition under the tract map approval to be vaulted and/or covered with landscaping.

Walkability Checklist. The Walkability Checklist is a tool used to evaluate projects to ensure pedestrian movement, access, comfort, and safety, further contributing to the walkability of the City. “The Walkability Checklist provides a list of recommended


strategies that projects should employ to improve the pedestrian environment in the public right-of-way and on private property.” The Checklist also provides a guide for consistency relating with the policies contained in the General Plan Framework. The project incorporates the following Walkability elements. Sidewalks:

• The project will provide continuous and straight sidewalks;

• The sidewalks will provide a buffer between pedestrians and moving vehicles by the use of landscape including street trees;

• The width of the sidewalks will accommodate pedestrian flow and activity without being wider than necessary; and

Building Orientation:

• The project is designed with grade level entrances from the public right-of-way for pedestrians along both Hazeltine Avenue and Sherman Way;

• The project easily accessible from transit stops located at the intersection;

• The primary entrances to the building are visible from the street for all exterior lots. Interior lots have pedestrian walkways along each of the townhomes frontages;

• Access to the building entrances are available from the sidewalks and streets; and

• The townhome rows have variable facades along both street frontages, thus creating a strong street wall.

• Proposed paths within the park lot have good connection to the abutting townhomes and are away from to corner to provide safety.

Off-street Parking and Driveways:

• The project maintains continuity of the sidewalks;

• Parking is located within individual two car garages with direct access into each dwelling all internal to the site rather than directly exposed to the adjacent major street;

• Only two common driveway will project circulation to the project with one of each street and any abandoned driveways will be reconstructed as sidewalks; and

• The designed “row” housing as an architectural feature provides continuity at the street and where openings occur due to driveways or other breaks in the sidewalk and building wall landscaping is incorporated to soften the transition.

On-site Landscaping:

• The project will provide a canopy trees in planting areas in front of each raised planter area unit, along the Hazeltine Avenue landscaped setback, and within the sidewalk adjacent to the properties frontage.

• The project will provide planting that complements between each garage, at the end of each row section, and at the edge of the guest parking spaces.

• The park landscaping will be primary softscaped and include trees, accent shrubs, gasses, tot lot structures, benches, and a low seat wall.


Building Façade:

• The façades incorporate different textures, colors, materials and varying architectural features on each dwelling that add visual interest;

• The building façades incorporate articulated massing to add scale and interest;; and

• The pedestrian entrances on the ground level are recessed to provide shade and reduce heat gain. The project seeks to be inviting to its residents, visitors and the surrounding neighborhood, as it will be located within an area characterized by both commercial and residential uses. The existing surrounding commercial uses include businesses that are neighborhood serving, such as office, restaurants, salon, preschool, convenience store, auto related uses, and a flower retail. An elementary school is also located across the intersection from the project site. The existing residential uses range from low to medium density. As designed and conditioned, the project will be compatible with existing and future development on neighboring properties.

c. That any residential project provides recreational and service amenities to improve habitability for its residents and minimize impacts on neighboring properties.

Each individual owner of the four conventional R1-1 lots will have front and back yards to landscape and design to meet personal preferences. Within the small-lot portion of the development, on the previous design there were three recreational areas. However, within the redesign at the suggestion of the neighboring Katherine Square residents, Van Nuys Neighborhood Council, and the Council Office, the square footage of those three separate areas were combined into one lot and relocated to the corner with frontages on Hazeltine Avenue and Sherman Way. The lot is proposed as a pocket park to be dedicated back to the City for public use after being developed by the applicant. The landscape plan shows this park area will include benches, and 18-inch high seating wall for safety and additional seating, and a tot lot play area to encourage recreation within walking distance of the small lots. Directly across the street (at the southeast corner of Sherman Way and Hazeltine Avenue) is Hazeltine Avenue Elementary School, which provides open space to meet additional recreational needs during non-school hours. Each small lot also has some green space adjacent to their recessed front entrances which could provide for porch seating and socializing with neighbors.

CEQA Findings 9. Environmental. A Mitigated Negative Declaration (ENV-2012-3244-MND-REC1) was

prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. I hereby adopt the Mitigated Negative Declaration and impose those conditions in this approval.

Case No. CPC-2012-3243-ZC-BL-ZV-ZAA-SPR P-1

PUBLIC HEARING AND COMMUNICATIONS Hearing A public hearing conducted by the Hearing Officer on this matter was held in the Marvin Braude San Fernando Valley Constituent Services Center, 6262 Van Nuys Boulevard, Room 1B, on Tuesday, March 5, 2013. 1. Attendance: Present at the hearing were the applicant, applicant’s representative (Joel Miller), several

members of the community, and a representative of Councilman Paul Krekorian’s Office (Karo Torossian) and the following statements were made of the request.

2. Initial Indication and Testimony:

Joel Miller presented the proposed plans and made the following comments:

• I represent the owner Pinecone, LLC, the subdivider.

• The site is 5.8 acre in size & occupied by Pinecrest School.

• Surrounding uses include both single-family and multiple-family residential, Hazeltine Avenue Elementary across the street.

• The site is falls into the R1, R3, RD1.5 zones with Low Residential, Medium Residential and Low Medium II Residential land uses (refers to exhibits). The current R1 zoned property in the middle of the site is inconsistent with the General Plan land use designation of Low Medium II Residential.

• Applicant intends to remove all the school buildings and subdivide the property into market-rate homes.

• The original map submitted showed 6-lots and 131 small lots.

• 1st entitlement is for the tract map VTT-72050, 2nd for the zone change for the center of the property to RD1.5 consistent with the land use designation, 3rd entitlement is for site plan review, next is the CQL is to allow a 36-foot height on the small lots in lieu of the 35-foot limitation by the Q Condition, the BL is for the removal of 15-foot Building Line established in 1953 along the R3 zoned portion of the property which has been replaced by existing setback by LAMC, the variances are proposed for early start construction and common access across more restrictive zones (dual zoning R3 & RD1.5).

• Since initial filing we have meet with the Van Nuys Neighborhood Council, the Katherine Square homeowners group, and CD2 and adjusted our design down to 4 single-family traditional lots all oriented the same as the existing SFRs and adding a 1/3-acre public park to be dedicated back to the Department of Recreation and Parks once developed.

• We believe the project should be approved for the following reasons: -First it is consist with the Van Nuys-North Sherman Oaks Community Plan. -Second it’s consistent with the Housing Elements to provide a variety of housing for all incomes. -Third the 2006-2014 regional housing SCAG calculation shows that only 29,000-units have been built (40% of the goal) and this project would future that goal. -Fourth the small lots establish ownership.


Lynn Kohen, owns property at 7234 Hazeltine Avenue, made the following comments:

• This will improve the area.

• My concerns are with landscaping and what my tenant will view from our property.

• We request no wall along Hazeltine and additional greenery between the building and the sidewalk.

• I keep my property across the street on Hazeltine nice for the tenants and want this to do the same.

Michael Martin, who lives at 14151 Sherman Way #10, made the following statements:

• Don’t understand the zoning, but I have a direct comment toward the builder.

• Have a zoning restriction to build Low Income Housing for the elderly, affordable housing.

• There are over 76 million senior and 10 thousand more are becoming senior citizens every day --the baby boomer group-- and they need housing.

• Tearing down a school makes no sense as my apartment is old and could be torn down and rebuilt nicely to code for seniors.

• I live on my Veterans’ check and affordable housing is needed in this area. Brett Aronourtz, who resides at 14128 Valerio Street, made the following comments:

• My first concern is with the parking situation.

• I like seeing the park concept, but that doesn’t address low income housing, children -where they will play, be taken care of, or where they will park.

• How will they navigate that comer –I see a lot of accidents at the intersection.

• In reading the hearing notice, I do not understand how you plan on building something without the standards building clearances –there are inches in lieu of feet –how can you do repairs on substandard separations.

• How will the cars circulate –there is not enough parking. I think it’s too packed in & those are my concerns.

Karo Torossian from CD2, made the following statements:

• This is a model process.

• Would like to thank the developer for working with the community and our office.

• We are saddened to be losing Pinecrest School, but that is out of our control.

• Our office is trying to encourage Quimby Fees being allocated directly on-site and will be using this recommendation as a model throughout our district.

• Rec & Parks is excited to take the dedication and use this as a model for future projects.

• We are in favor and support the proposed project as revised. Response from Joel Miller, the representative:

• This project is not for low income housing.

• I too am a senior citizen, but we are not proposing low income nor senior housing

• With regards to having enough parking—each home will have a 2-car garage, 20 shared guest parking spaces not required by Code are being provided, plus the 10 park spaces to be used at night when the park is not in use.

• Request a few modifications of the Katherine Square conditions…

• We are okay with an 8-foot high wall between the SFR & small lot development.


Deputy Advisory Agency made the following statements:

• Planning staff stated that although this project was not for seniors, an Eldercare Facility was approved to the vacant lot to the north of this site on the same block in Fall 2011 (7327-7337 Hazeltine Avenue), but has not been constructed to date.

• BOE stated that they would remove all private street conditions and requested 4 copies of the revised map be issued directly to their office.

• The Advisory Agency will approve the map with the requested modifications and request a revised amp be submitted to be issued with the decision letter.

• Once the final map records no variances for building separation or passageways are necessary by the Small Lot Ordinance.

Communications Received Two letter and three telephone calls were received from neighbors mostly stating general inquires about the project and concerns with the proposed density. One neighbor to the east review the case files and requested the red curb be removed on Hazeltine once the project is built to allow for more street parking. A list of proposed conditions was submitted by the residents of Katherine Square (neighborhood to the west of the site) and is as follows: 1. Keep existing wall up on Cantlay and delay improvements of Cantlay until construction of

single-family homes begins. 2. Eliminate the private drive off of Cantlay Street. 3. Decrease the number of single-family homes from 6 to 4 off of Cantlay. 4. To insure that the 4 homes off of Cantlay fit in to the community they will be built as single

story. 5. Restrict all construction traffic from Cantlay. 6. For the Small lots have a CC&R requiring that the garages are used for parking of 2 cars. 7. All Landscaping and maintenance will be done by the association. 8. Council Office to sign off on landscape plans for the site. 9. City rules require a 1:1 replacement of trees, we are asking for a 2:1 with a minimum of

24" Box. 10. A 15,000 square-foot pocket park at the intersection of Sherman Way and Hazeltine, to be

built out and donated to the City of Los Angeles Department of Recreation and Parks in lieu of QUIMBY.

11. Cinderblock wall between the Small Lots project and the R-1 lots to be the highest allowed.

12. All utility transformers etc. facing Hazeltine or Sherman Way to be Vaulted or covered with heavy vegetation.

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