DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT

City Planning Commission

Date: August 13, 2009

Time: After 8:30 a.m. Place: City Hall

200 N. Spring Street, 10th Floor Los Angeles, CA. 90012

Public Hearing: June 26, 2009

Appeal Status: Not appealable

Expiration Date: September 9, 2009

Case No.: CPC-2008-3464-DB

CEQA No.: ENV-2008-3252-MND-DB-REC1

Related Cases: N/A Council No.: 10 Plan Area: West Adams-Baldwin Hills-

Leimert Specific Plan: None Certified NC: United Neighborhoods of

the Historic Arlington Heights, West Adams, and Jefferson Park Communities

GPLU: General Commercial Zone: C2-1-O

Applicant: Global Housing

Development (Kaifa Tulay) Representative: Donald Alec Barany

Architects (Donald Barany) PROJECT LOCATION:

2401-2425 W. Jefferson Blvd. and 3115 S. 4th Ave

PROPOSED PROJECT:

A Density Bonus Compliance Review (LAMC 12.22.A.25) for the demolition of existing structures and construction of a four-story mixed use building consisting of 40 housing units and approximately 20,877 square feet of ground floor commercial area. One-hundred percent of these units will be Restricted Affordable units for low-income households The proposed project would be four stories (approximately 49 feet high) with a 59 high stair and elevator tower, and two stair towers approximately 59ft high. The project will provide 85 commercial spaces (9 surface parking spaces and 76 subterranean parking spaces) and 83 subterranean residential parking spaces (total 168 spaces). The project is located on a 31,500 square foot site located in the C2-1-O Zone. The Applicant is requesting “On-Menu and “Off-Menu” incentives as permitted by the Density Bonus Ordinance, as Waivers and Modifications to Development Standards.

REQUESTED ACTIONS:

1. Pursuant to Section 12.22 A 25 (g)(2) of the Municipal Code an Affordable Housing Incentive on the Menu permit a Floor Area Ratio (FAR) of 3:1 in lieu of the maximum permitted FAR of 1.5:1 (the FAR is multiplier applied to the total buildable area of a lot to determine the total permitted floor area of all buildings on a lot)

2. Pursuant to Section 12.22 A25 (g)(3) of the Municipal Code a Waiver or Modification of

Development Standards not on the Menu which are contained in Section 12.21A10 of the Municipal Code to permit a 49 foot high building, (with two stair towers approximately 59ft high) in lieu of the maximum permitted Transitional (stepped-back) height of 25 feet for any portion of the building located within 0-49 feet of the adjacent R1-1 properties, 33 feet for any portions of a building within 50-99 feet of the adjacent R1-1 properties., and 61

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feet for any portions of the building within 100-199 feet of the adjacent R1-1 properties. 3. 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 On-Menu Density Bonus to allow an Affordable Housing Incentive on the Menu permitting a Floor Area Ratio (FAR) of 2.16 in lieu of the maximum permitted FAR of 1.5:1

2. Approve Off-Menu Density Bonus to allow an Affordable Waiver or Modification of Development Standards not on the Menu to permit a 49 foot high building, (with two stair towers approximately 59ft high) in lieu of the maximum permitted Transitional (stepped-back) Height of 25 feet for any portion of the building located within 0-49 feet of the adjacent R1-1 properties, 33 feet for any portions of a building within 50-99 feet of the adjacent R1-1 properties, and 61 feet for any portions of the building within 100-199 feet of the adjacent R1-1 properties.

3. Adopt Mitigated Negative Declaration No. 2008-3252-MND-DB-REC-1 4. Adopt the attached Findings. 5. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6,

the City shall monitor or require evidence that the mitigation conditions, identified as “(MM)” on the condition pages, 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.

6. Advise the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game fee and / or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination (NOD) filing.

S. GAIL GOLDBERG, AICP Director of Planning Faisal Roble, Senior City Planner Jordann Turner, City Planning Associate Telephone: (213) 978-1379 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, 200 North Spring Street, Room 272, 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 this 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 no 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............................................................................................................... A-1 Background....................................................................................................................... A-2 Issues ............................................................................................................................... A-3 Conclusion ........................................................................................................................ A-4 Conditions .............................................................................................................................C-1

Density Bonus/Affordable Housing Incentives Program Determination Conditions ............C-1 Environmental Conditions .................................................................................................C-4 Administrative Conditions..................................................................................................C-9 Findings................................................................................................................................. F-1

Density Bonus/Affordable Housing Incentives Program Findings ...................................... F-1 Public Hearing and Communications.................................................................................. P-1 Exhibits:

A – Project Plan/Map

A-0.0: Cover Sheet A-0.5: Lower Level Parking Plan A-1.0: Upper Level Parking Plan A-1.1: First Floor Plan A-1.2: Second Floor Plan A-1.3: Third Floor Plan A-1.4: Fourth Floor Plan A-1.5: Roof Plan A-2.0: West/South Elevations A-2.1: East/North Elevations A-3.0: Cross Sections A-3.1: Longitudinal Section A-4.: Radius Map A-5.: Color Renderings B. – Photos B-1: Alley separating subject site and single-family dwellings B-2: Subject Site (from 4th Avenue) B-3: Subject Site (from Jefferson Boulevard) B-4: Existing day care center (to be demolished) C – Environmental Clearance (ENV-2008-3252-MND-DB-REC1) D. Pro-forma from Applicant E - Others

E1. Report from Bureau of Engineering dated October 29, 2008 E2. Report from Department of Transportation dated April 24, 2009

E3. Letter from United Neighborhoods of the Historic Arlington Heights, West Adams, and Jefferson Park Communities Neighborhood Council submitted at public hearing (June 23, 2009)

E4. Letters of support from neighborhood groups E5. Letter of opposition

CPC-2008-3464-DB A-1

PROJECT ANALYSIS PROJECT SUMMARY The proposed project is located at 2401-2425 W. Jefferson Blvd. and 3115 S. 4th Ave, and encompasses six lots spanning nearly a full block in the West Adams-Baldwin Hills-Leimert Community Plan Area. The site is approximately 31,500 square feet and consists of three parcels containing a day care center and three parcels containing a vacant building. All existing structures are proposed to be demolished. The subject location is flat and is zoned C2-1-O with a General Commercial land use designation. The site is located along north side of Jefferson Boulevard at the corner of 4th Avenue, between Arlington Avenue and Crenshaw Boulevard within the Community Redevelopment Agency’s Mid City Recovery Redevelopment Area. The subject request is for a Density Bonus Compliance Review (LAMC 12.22.A.25) to allow the construction of a four-story mixed-use building consisting of 40 housing units and approximately 20,877 square feet of ground floor commercial area with 168 parking spaces serving the development. The 40 units will be comprised of 9 one-bedroom units, 19 two-bedroom units, and 12 three-bedroom units. One hundred percent of these units will be Restricted Affordable units for low-income households. The Applicant has requested an On-Menu incentive to permit a Floor Area Ratio (FAR) of 3:1 in lieu of the maximum permitted FAR of 1.5:1 in the C2-1-O zone. Additionally the applicant has requested an Off-Menu incentive to permit a 49-foot high building, (with two stair towers approximately 59ft high) in lieu of the maximum permitted Transitional (stepped-back) height of 25 feet for any portion of the building located within 0-49 feet of the adjacent R1-1 properties, 33 feet for any portions of a building within 50-99 feet of the adjacent R1-1 properties, and 61 feet for any portions of the building within 100-199 feet of the adjacent R1-1 properties. Project Setting The subject site is located along the core commercial corridor of the Jefferson Park community. The surrounding neighborhood is a residential community marked by one and two-story detached homes with lawns and pedestrian-friendly sidewalks; while other mixed-use buildings are located along Jefferson Boulevard. The properties immediately to the south, east and west of the subject site fronting Jefferson Boulevard are zoned C2-1-O and developed with one and two-story commercial structures interspersed with residential uses. The properties to the north are separated from the subject site by an alley are zoned, R-1 and are developed with Craftsman-style one and two-story single-family homes. A block west of the subject site along Jefferson Boulevard is an elementary school (6th Avenue Elementary School). The Jefferson Park Branch Library and Leslie N. Shaw Park are situated approximately a block and a half east of the subject site also along Jefferson Boulevard. Jefferson Boulevard is designated a Secondary Highway while, 4th Avenue is designated a Local Street. The site is served by a local Metro Buses (Lines 38 and 209) along Jefferson Boulevard (east/west) and Arlington Avenue (north/south) respectively and Metro Rapid (Line 757) along Crenshaw Boulevard (north/south) approximately 3/4 of a mile to the west. Additionally, the site is in close proximity to neighborhood-serving retail, services, and other facilities. Ingress and egress to the at-grade parking and parking garage are from the alley. This prevents interference with traffic along Jefferson Boulevard. Residential parking areas will be secured and accessed by authorized users. Parking for the retail component, will be separated and clearly marked as general parking for public access. Furthermore the Crenshaw Station of

CPC-2008-3464-DB A-2

the Exposition Light Rail Line (currently under construction) will be located approximately a mile to the west of the project site. Project Description The proposed project is a four-story mixed-used building (49 feet in height) with three stairway/elevator towers (59 feet in height) and designed with Craftsman-style architecture. Included in the development is 20,877 square feet of commercial area fronting along Jefferson Boulevard. The primary residential entrance is located along Jefferson Boulevard with a secondary residential entrance along Fourth Avenue (east side of the building). The commercial portion is built to the property line, while the residential portion above building is setback. On the south, the building respects a minimum setback of 5 feet. The east and west sides of the building are setback approximately 7 feet from the property line. Along the northern property line, the second floor of the proposed project is setback approximately 36 feet (inclusive of the alley) from the R1 residential properties. The project is designed with a varied roof-line that which is consistent with the local area scale and type of architecture. The common open space and courtyard are situated on the second floor on the rear of the development facing the R1 properties and helps reduce the visual massing and provide a break in the scale of the development. Three stairway access towers are proposed as part of the building. One stairway is located at the front of the project along Jefferson Boulevard, while the two remaining stairways are situated at the west and east ends of the building halfway between Jefferson Boulevard and the alley. (Exhibits A-0.0 thru A-3.1) BACKGROUND Rental Housing in West Adams-Baldwin Hills-Leimert. According to a Los Angeles Housing Department April 2009 report, an apartment vacancy rate of 4.2% exists in the West Adams-Leimert-Baldwin Hills community. This vacancy rate indicates a shortage of rental housing. The vacancy rate for Central Los Angeles and the entire City is 5.0%. These housing conditions indicate that demand is high for rental units, and although the development will meet the needs of a targeted demographic only (low income/workforce) it is reasonable to postulate that existing units currently rented by these users will become vacated, and will re-enter the market. A benefit of the project is that it will enable a significant number of people who, due to limited income might find quality housing otherwise unattainable. To this end, the subject project presents an opportunity to provide a benefit to an important and often disenfranchised segment of the population. Outreach and Project Revision.

The project as originally filed, proposed 52 low-income residential units (with 20,877 square feet of commercial space), and was proposed to be 59 feet in height (five stories) with two 65 ft. high stair towers and one 68 ft. high stair/elevator tower. The plans were originally filed in August 2008 with the public hearing scheduled for January 2009. Due to community concerns related to height, scale, bulk, and traffic, the applicant requested a postponement of the hearing until June 2009. During that period, several meetings were held with a local homeowners association (Jefferson Park Homeowners Association) various neighbors, community groups and the local neighborhood council (United Neighborhoods of the Historic Arlington Heights, West Adams, and Jefferson Park Communities Neighborhood Council). Additionally, the Department of City Planning requested a traffic review of the project by the Department of Transportation. The Department of Transportation concluded that none of the intersections studied would be significantly impacted (Exhibit E2). Based upon the input received from the community, the applicant revised the proposed project reducing the number of residential units and reducing the overall height of the building. The new proposed project consists of 40 residential units (with 20,877 square feet of commercial space), approximately 49 feet in height (four stories), with a 59 high stair and elevator tower, and two stair towers also approximately 59ft high. Letters of

CPC-2008-3464-DB A-3

support from two neighborhood churches and over 300 signatures from area residents in support were collected. Additionally, a letter from the neighborhood council was written supporting the project contingent upon the fulfillment of certain conditions (Exhibit E3). Density Bonus Ordinance. The City of Los Angeles Density Bonus Ordinance (#179,681) became effective April 15, 2008, codified as LAMC Section 12.22.A.25. The ordinance implements the requirements California State Government Code Section 65915, the State Density Bonus Program, which establishes the right for developments that provide defined thresholds for affordable housing to be granted Density Bonuses, Parking reductions, and other Modifications and Waivers to Development Standards. The Courts have upheld an Applicant’s right, and the limited scope in which a local government can deny or alter a proposed project consistent with the state provisions. The City Planning Commission (and other decision-makers) must approve such Density Bonus Compliance Reviews, unless the Commission finds that: “The Incentive is not required in order to provide for the affordable housing costs as defined in California Health and Safety Code Section 50052.5, or Section 50053 for rents for the affordable units;” or “That the Incentive(s) will have a Specific Adverse Impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to Very Low-, and Low-Income households. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.” ISSUES Compatibility/Transitional Height. The applicant proposes to build a four-story (49 ft in height) mixed-used building, containing 40 units of workforce/low-income housing and 20,877 square feet of commercial area. The project site is predominately surrounded one and two-story buildings. Specifically, the project site is bordered by one-story and two-story single family homes on its northern boundary. Pursuant to L.A.M.C. Section 12.22.25, relief from the provisions of the transitional height requirement (LAMC 12.21.1.A.10) have been requested. Specifically, the applicant requests: a. to allow the 166 foot wide midsection of the building to be approximately 49 feet in height lieu of 33 foot height allowed for a horizontal distance of 50 feet to 99 feet from the adjacent R1 property across the alley to the north; b. to allow 35 foot wide east end section of the proposed building to be approximately 49 feet in height in lieu of the 25 foot maximum height allowed for horizontal distance of 0 feet to 49 feet from the adjacent R1 property across the alley to the north; c. to allow the 35 foot wide west end section of the proposed building to be approximately 49 feet in height in lieu of the 25 foot maximum height allowed for a horizontal distance of between 0 feet and 49 feet from the adjacent R1 property across the alley to the north and; d. to allow the stair towers at the east and west ends of the building to be approximately 59 feet in height in lieu of the 33 foot maximum height allowed for a horizontal distance of between 50 feet and 99 feet from the adjacent R1 property across the allowed to the north. The applicant states that conforming to the transitional height requirement would effectively negate the density bonus incentives. The top floor of the proposed building (4th floor) would have to be eliminated, potentially reducing the number of affordable units from 40 to 26 and the commercial ceiling would have to be lowered, there by making them less marketable. As designed, the mid-section of the proposed building will be approximately 59 feet away from the R1 properties and 15 feet in height (lower than the 25 feet allowed). Additionally, the applicant

CPC-2008-3464-DB A-4

states that the east and west ends of proposed building must be closer to R1 property in order to provide the number of three bedroom units required by the California Tax Credit Allocation Committee. The east and west sections of the building are proposed to be approximately 37 feet from the R1 properties. While the location of the stair towers at the east and west ends of the proposed building are dictated by existing and fire-life safety requirements. An inherent conflict exists between policies encouraging higher density mixed-use development along the City’s commercial corridors and the transitional height provisions of the Zoning Code which were created to help buffer single-family housing from adjacent commercial buildings. The requested relief from the transitional height requirements for the proposed project is reasonable given the design of the project and the need for affordable housing in the area and is consistent with the emerging transitional height requirement to be established by the New Community Plan Program for West Adams-Baldwin Hills-Leimert Community Plan Area. F.A.R. The Applicant has requested a Floor Area Ratio (FAR) of 3:1 in lieu of the maximum permitted FAR of 1.5:1 for C2-1-O zones. The total area of property is 31,500 square feet. With the proposed 3:1 FAR, the project would be entitled to 94,500 square feet of area. However the total area of proposed development is approximately 67,788 square feet (excluding the parking area). This equates to an FAR of 2.15:1. The 3:1 FAR request provides an adequate building envelope for proposed 40 residential units and 20,877 square feet of commercial space. The size of the commercial area is needed in order to obtain financing from Community Development Department to acquire the properties. The property is located within the Los Angele State Enterprise Zone. Height districts “EZ1, EZ1-L, EZ1-VL, EZ1-XL, EZ2, EZ3, and EZ4” were established for properties in Enterprise Zones. With a zone change to an “EZ1” height district, the allowable floor area would be three times the building area (similar to the applicant’s request). General Concerns/Comments. At the public hearing, in addition to the concerns discussed above, the issues of traffic, school overcrowding, and sewer capacity were brought up. The attached Mitigated Negative Declaration (MND) analyzed those impacts (in additions to others) and provided conditions of approval that will mitigate the impacts to below a level of significance. Those conditions have been incorporated into this recommendation report. The Department of Transportation (Exhibit E2) analyzed four intersections surrounding the project site and determined that none of the study intersections would be significantly impacted by project related traffic. As determined through the MND (and incorporated as a condition of approval), the applicant will pay applicable school fees to the Los Angeles United School District to offset the impact of additional student enrollment at schools serving the project area. In regards to sewer capacity, the MND did not identify specific concerns. However, the Bureau of Engineering identified sewers in 4th Avenue and along the alley and concluded that a six (6) inch house connection laterals to the new property line maybe required. Additionally, all Sewerage Facilities Chargers and Bonded Sewer Fees are to be paid prior to obtaining a building permit. Walkability Analysis: The site is located on the north side of Jefferson Boulevard, between Arlington Avenue to the east and Crenshaw Boulevard. The project proposes approximately 21,000 square feet of new commercial space along the ground floor of the project fronting Jefferson Boulevard. According to the information supplied by the Department of City Planning-Community Planning Bureau, the West Adams-Baldwin Hills-Leimert community plan area is severely underserved with new retail opportunities. This project is a positive addition towards alleviating that shortage. This has the potential to increase the amount of pedestrian activity on the street. The parking for the development (except for nine ground floor spaces) will be provided in a two-story underground garage. Vehicular access to the garage will be provided to the rear of the lot from the alley. Additionally as described in Condition of Approval 9 and 10, the applicant will be required to dedicated the land necessary to complete a 45-foot half right-of-way

CPC-2008-3464-DB A-5

in accordance with Secondary Highway street standards, but the improvements required by the Bureau of Engineering are proposed to be waived or postponed in order to provide a greater sidewalk width in front of the development. CONCLUSION The recommendation action is to approve this Density Bonus Review Compliance project, which would provide needed rental housing units dedicated to low income/workforce households and allow the construction of a 40 unit residential development and 20,877 square feet of commercial space. The new 67,788 square feet structure will measure 49 feet in height, and provide 168 parking spaces primarily in a two-story underground garage. It will provide amenities for the residents including a community room, education room and exterior open space, and a laundry room. These facilities will meet service needs and promote social interaction and varied recreational opportunities. The subject project design includes articulated facades, pedestrian-oriented ground floor entrances to the commercial spaces and residential units and common open space that break the massing of the structure. Many aspects of the project are compatible with existing development and uses in the neighborhood. Although the proposed height and bulk of the building is greater than the predominate building form in the immediate vicinity, it is consistent with the existing zoning and land use designations and is therefore compatible with future development on neighboring properties. Moreover, the transitional height observed by the proposed project is consistent with aspects of the potential recommendations of the West Adams-Baldwin Hills-Leimert New Community Plan Program. The proposed project will bring new commercial retail space, housing in close proximity to jobs and transit. Additionally the project will provide workforce housing opportunities for an underserved segment of the community. Unfortunately, the project may be visually impactful upon the single family residential uses across the alley on the northern border of the project site. This determination contains environmental mitigation measures and conditions of approval that will improve the circumstances and lessen potential impacts. Notwithstanding the permissible Waivers and Modifications to Development Standards as allowed by the Density Bonus Ordinance, the proposed project is consistent with all applicable provisions of the Municipal Code, the General Plan including the Framework Element and the West Adams-Baldwin Hills-Leimert Community Plan, and all area, use, and height provisions of the C2-1-O zones, except as conditioned and permitted herein.

CPC-2008-3464-DB C-1

CONDITIONS OF APPROVAL

Approval of the subject development project is made with the following Terms and Conditions imposed, in order to ensure compliance with applicable requirements of LAMC Sections 12.22, 12.24, 14.00, and 19.01 (Density Bonus Program).

DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES PROGRAM DETERMINATION CONDITIONS

1. Site Development. The subject property shall be developed in substantial conformance with the Site Plan, Landscape Plan, and Elevations labeled Exhibits “A-0-0 through A-3-1” dated March 30, 2009, and attached to the case file, except as modified herein. (DCP)

2. Permitted Uses. Uses on the subject property shall be restricted to those uses

permitted in the C2-1-O Zone per Section 12.10 of the Los Angeles Municipal Code, and as permitted in this grant. (DCP)

3. Density. The subject project shall be limited to a maximum of 40 residential dwelling

units. Of these, one unit shall be a market rate manager’s unit. The 39 remaining units shall be restricted to Low-Income affordable units. (DCP)

4. Height. The subject project shall be constructed at a maximum height of 49 feet, as

shown in Exhibit A, excluding rooftop structures as permitted in the Los Angeles Municipal Code.; (B&S)

5. Floor Area Ration (F.A.R.). The maximum floor area of the proposed building shall not

exceed 67,788 square feet, as defined by Los Angeles Municipal Code or a maximum allowable Floor Area Ratio of 2.16: 1 (FAR). (DCP)

6. Transitional Height. The following relief from the Transitional Height provisions are

here by granted. All other provisions of transitional height regulations shall apply:

a. the 166 foot wide midsection of the building (measured from the mid point of the building) is permitted to be 49 feet in height lieu of 33 foot height allowed for a horizontal distance of between 50 feet and 99 feet as measured from the adjacent R1 property across the alley to the north;

b. the 35 foot wide east end section of the proposed building (measured from the east property line) is permitted to be 49 feet in height in lieu of the 25 foot maximum height allowed for horizontal distance of 36 feet (inclusive of the alley) from the adjacent R1 property across the alley to the north;

c. the 35 foot wide west end section of the proposed building (measured from the west property line) is permitted to be 49 feet in height in lieu of the 25 foot maximum height allowed for a horizontal distance 36 feet (inclusive of the alley) from the adjacent R1 property across the alley to the north and;

d. to allow the stair towers at the east and west ends of the building to be approximately 59 feet in height in lieu of the 33 foot maximum height allowed for a horizontal distance of 70 feet from the adjacent R1 property across the alley to the north.

CPC-2008-3464-DB C-2

7. Automobile Parking. In accordance with L.A.M.C. Sections 12.22A25 and 12.21A4, the project shall provide a minimum of 41 parking spaces for the residential units and a minimum of 84 parking spaces for the commercial portion of the development. Tandem parking located on the ground floor shall only be used for employee parking only. Parking for the manager’s unit shall be provided in accordance with L.A.M.C Section 12.21.A4.

a.) Guest parking signs shall be clearly posted at building entrances. The signs shall be

in large, easy to read lettering and shall indicate the general location of guest parking. Sign wording shall be to the satisfaction of the Department of City Planning and shall indicate the number of reserved guest parking spaces.

b.) If any guest parking is located behind security gates, the following shall apply:

1. A remote electronic gate opening system shall be installed so that the security gate can be opened from each residential unit served by the secured guest parking. 2. An electronic intercommunication system shall be installed. The system shall be readily accessible to the drivers of guest vehicles and to the units served by the secured guest parking. 3. The security gate shall be set back at least 40-feet from the public right-of-way so as to provide a waiting area for guest vehicles and to prohibit blockage or interference with the public right-of way by waiting guest vehicles. 4. Alternatives to the provisions of this condition may be approved by the Department of City Planning provided that the intent of readily accessible guest parking facilities and no interference with the public right-of-way is assured. 5. No guest parking fees may be charged for guests of residential tenants. (B&S)

8. Housing Requirements. Prior to issuance of a building permit, the owner shall execute

a covenant to the satisfaction of the Los Angeles Housing Department to make 100% of the units of the development available to Low-Income tenants, at a rent determined to be affordable to Low-Income households by the Los Angeles Housing Department, for a period of 30 years. The project shall comply with the Guidelines for the Affordable Housing Incentives Program adopted by the City Planning Commission and with any monitoring requirements established by the LAHD. The applicant will present a copy of the recorded covenant to the Planning Department. The Applicant shall sign and record a Covenant and Agreement, prior to issuance of any building permit, to the satisfaction of the Los Angeles Housing Department to ensure that 100% of the units of the development are available for rent solely to Low-Income households, (with the exception of the manager’s unit) at a rent determined to be affordable by the Los Angeles Housing Department, for a period of 30 years. The Agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. This document shall be recorded in the Los Angeles County Recorder’s Office. The Master Covenant and Agreement form shall be used (General Form CP-6770), available at the Department of City Planning Public Counter (or online at City Planning Website). The agreement must first be submitted to the Department of City Planning for approval before being recorded. After recordation, the original copy bearing the Recorder’s number and date shall be provided to the Department of City Planning for attachment to the file.

The project shall comply with the Guidelines for the Affordable Housing Incentives

CPC-2008-3464-DB C-3

Program adopted by the City Planning Commission and with any monitoring requirements established by the LAHD. (LAHD)

9. Dedications

a. Jefferson Boulevard (Secondary Highway) – Dedicate a five (5)-foot wide strip of land along the property of Lots 2, 3, 4 and a two (2)-foot wide strip of land along the property of Lots 5, 6 and 7 all in Block 2 of the Jefferson and Fourth Avenue Tract No. 2 to complete a 45-foot half right-of-way in accordance with Secondary Highway street standards, including a 20-foot radius property line return at the intersection with 4th Avenue.

b. Alley (North of Jefferson Boulevard) – A four (4)-foot wide strip of land along the

property frontage to complete a 12-foot alley in accordance with Alley standards. 10. Improvements a. Jefferson Boulevard – Reconstruct any broken curb, asphalt sidewalk with integral

concrete curb and two (2) foot gutter. Construct a new curb return and an access ramp at the corner with 4th Avenue to comply with the American with Disabilities Act requirements. These suitably transition to join the existing improvements along the property.

b. 4th Avenue – Reconstruct the existing broken curb with no gutter and asphalt sidewalk with integral concrete curb, two (2) –foot gutter and a five (5)-foot wide concrete sidewalk along the property. Close any unused driveways.

c. Alley – Reconstruct the existing alley to provide a 16-foot wide alley, including a two (2) foot wide longitudinal concrete gutter along the property. Construct a standard alley apron at the intersection with 4th Avenue.

d. Install tree wells with root barriers and plant street trees satisfactory to the City Engineer and the Urban Forestry Division of the Bureau of Street Services. Some tree removal in conjunction with the street improvement project may require Board of Public Works approval. The applicant should contact the Urban Forestry Division for further information (213) 847-3077.

e. Board of Public Works approval shall be obtained prior to the issuance of the

Certificate of Occupancy of the development project, for the removal of any tree in the existing or proposed pubic right-of-way area associated with the improvement requirements outlined herein. The Bureau of Street Services Urban Forestry Division is the lead for obtaining Board of Public Works approval for the removal of such trees. Removal of street trees is required in conjunction with street widening for this project. Please include the tree removal issue in your public hearing notice for this application.

f. Roof drainage and surface run-off from the property shall be collected and treated at

the site and directed to the streets via drain systems to a catch basin or constructed under the sidewalk through curb drain.

g. Extension of the 6-inch house connection laterals to the new property line maybe

required. All Sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a building permit.

CPC-2008-3464-DB C-4

h. Relocate traffic signs, equipments and parking meters to the satisfaction of the Department of Transportation (213) 482-7024.

i. Submit a request to the Central District Office of the Bureau of Engineering to verify

sewer capacity (213) 482-7067 j. Submit shoring and lateral support plans to the Bureau of Engineering Excavation

Counter for review and approval prior to excavating adjacent to the public right-of-way (2130 482-7067.

k. Submit a parking area and driveway plan to the Central District Office of the Bureau

of Engineering and the Department of Transportation for review and approval. l. Street lights maybe required satisfactory to the Bureau of Street Lighting (213) 847-

1551. m. Refer to the Department of Water and Power regarding power pole (213) 367-2715. n. Refer to the Fire Department regarding fire hydrants (213) 482-6543.

Notice: The Certificate(s) of Occupancy for the subject project will not be issued by the City until the construction of all public improvements required herein are completed to the satisfaction of the City Engineer. (B&S) 11. Open Space. The project shall provide any required open space in compliance

with the Los Angeles Municipal Code. B. ENVIRONMENTAL CONDITIONS 12. Graffiti.

a. Every building, structure, or portion thereof shall be maintained in a safe and sanitary condition and good repair. The premises of every building or structure shall be maintained in good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Sections 91.8104. Exterior walls of new commercial and residential buildings of other than glass may be covered with clinging vines screened by oleander trees or similar vegetation capable of covering or screening entire walls up to heights of at least 9-feet, excluding windows and signs. b. The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91.8104.1 5.

13. Aesthetics (Landscaping) 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, including an automatic irrigation plan, prepared by a licensed landscape architect to the satisfaction of the decision maker.

14. Aesthetics (Light) Outdoor lighting shall be designed and installed with shielding, so

that the light source cannot be seen from adjacent residential properties. 15. 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.

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16. Tree Removal (Non-Protected Trees) Prior to the issuance of a grading permit or

building permit, a plot plan prepared by a reputable tree expert, indicating the location, size, type, and condition of all existing trees on the site shall be submitted for approval by the decision maker and the Urban Forestry Division of the Bureau of Street Services. All trees in the public right-of-way shall be provided per the current Urban Forestry Division standards. The plan shall contain measures recommended by the tree expert for the preservation of as many trees as possible. Mitigation measures such as replacement by a minimum of 24-inch box trees in the parkway and on the site, on a 1:1 basis, shall be required for the unavoidable loss of desirable trees on the site, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker. The genus or genera of the tree(s) shall provide a minimum crown of 30'- 50'. Please refer to City of Los Angeles Landscape Ordinance (Ord. No.170,978), Guidelines K - Vehicular Use Areas. Note: Removal of all trees in the public right-of-way shall require approval of the Board of Public Works. Contact: Urban Forestry Division at: 213-847-3077.

17. Seismic The design and construction of the project shall conform to the Uniform

Building Code seismic standards as approved by the Department of Building and Safety. 18. Air Quality.

a. 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. 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.

b. All loads shall be secured by trimming, watering or other appropriate means to

prevent spillage and dust.

c. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust.

d. 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.

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

19. Noise. 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.

a. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday.

b. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously. c. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices.

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d. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, which insure an acceptable interior noise environment.

20. General Construction

a. Sediment carries with it other work-site pollutants such as pesticides, cleaning solvents, cement wash, asphalt, and car fluids that are toxic to sea life. 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 shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site.

b. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

c. Pavement shall not be hosed down at material spills. Dry cleanup methods shall be used whenever possible.

d. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or be covered with tarps or plastic sheeting.

e. Gravel approaches shall be used where truck traffic is frequent to reduce soil compaction and the tracking of sediment into streets shall be limited.

f. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drop clothes shall be used to catch drips and spills.

21. Liquefaction

a. The project shall comply with the Uniform Building Code Chapter 18. Division1 Section1804.5 Liquefaction Potential and Soil Strength Loss which requires the preparation of a geotechnical report. The geotechnical report shall assess potential consequences of any liquefaction and soil strength loss, estimation of settlement, lateral movement or reduction in foundation soil-bearing capacity, and discuss mitigation measures that may include building design consideration.

b. Building design considerations shall include, but are not limited to: ground stabilization, selection of appropriate foundation type and depths, selection of appropriate structural systems to accommodate anticipated displacements or any combination of these measures.

22. Explosion/Release (Asbestos Containing Materials) Prior to the issuance of any

demolition permit, the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant that no ACM are present in the building. If ACM 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 State and Federal rules and regulations.

23. Single Family Dwelling (10+ Home Subdivision/Multi Family) Environmental impacts

may result from the development of this project. However, the potential impacts will be

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mitigated to a level of insignificance by incorporating stormwater pollution control measures. Ordinance No. 172,176 and Ordinance No. 173,494 specify Stormwater and Urban Runoff Pollution Control which requires the application of Best Management Practices (BMPs). Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading, excavations, and fills. Applicants must meet the requirements of the Standard Urban Stormwater Mitigation Plan (SUSMP) approved by Los Angeles Regional Water Quality Control Board, including the following: (A copy of theSUSMP can be downloaded at: http://www.swrcb.ca.gov/rwqcb4/).

a. Project applicants are required to implement stormwater BMPs to treat and infiltrate the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a. California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required.

b. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion.

c. Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants.

d. Any connection to the sanitary sewer must have authorization from the Bureau of Sanitation. e. Reduce impervious surface area by using permeable pavement materials where appropriate, including: pervious concrete/asphalt; unit pavers, i.e. turf block; and granular materials, i.e. crushed aggregates, cobbles.

f. Install Roof runoff systems where site is suitable for installation. Runoff from rooftops is relatively clean, can provide groundwater recharge and reduce excess runoff into storm drains.

g. Paint messages that prohibit the dumping of improper materials into the storm drain system adjacent to storm drain inlets. Prefabricated stencils can be obtained from the Dept. of Public Works, Stormwater Management Division.

h. All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as NO DUMPING - DRAINS TO OCEAN) and/or graphical icons to discourage illegal dumping.

i. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area.

j. Legibility of stencils and signs must be maintained.

k. Design an efficient irrigation system to minimize runoff including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers.

l. The owner(s) of the property will prepare and execute a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department

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binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and or per manufacturer's instructions.

24. Public Services (Fire) The following recommendations of the Fire Department relative

to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features:

a. Fire lanes, where required, shall be a minimum of 20 feet in width; all structures

must be within 300 feet of an approved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane.

25. 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.

26. Recreation (Increase Demand For Parks Or Recreational Facilities) Per Section 17.

12-A of the Los Angeles Municipal Code, the applicant shall pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings.

27. Utilities (Local or Regional Water Supplies) 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).

a. Unless otherwise required, and to the satisfaction of the Department of Building and Safety, the applicant shall install:

1. 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. Rebates may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations. 2. Restroom faucets with a maximum flow rate of 1.5 gallons per minute. 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 ofpotable 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.)

b. Unless otherwise required, all restroom faucets shall be of a self-closing design, to the satisfaction of the Department of Building and Safety.

c. In addition to the requirements of the Landscape Ordinance, the landscape plan shall incorporate the following:

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1. Weather-based irrigation controller with rain shutoff; 2. Matched precipitation (flow) rates for sprinkler heads; 3. Drip/microspray/subsurface irrigation where appropriate; 4. Minimum irrigation system distribution uniformity of 75 percent; 5. Proper hydro-zoning, turf minimization and use of native/drought tolerant plan materials; 6. Use of landscape contouring to minimize precipitation runoff. 7. A separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for irrigated landscape areas totaling 5,000 sf. and greater, to the satisfaction of the Department of Building and Safety.

28. Utilities (Solid Waste)

a. 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.

b. 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.

c. To facilitate onsite separation and recycling of demolition and construction-related wastes, the contractor(s) shall provide temporary waste separation bins onsite during demolition and construction. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program.

C. ADMINISTRATIVE CONDITIONS 29. Approval, Verification and Submittals. Copies of any approvals, guarantees or

verification of consultations, review 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.

30. Code Compliance. Use, area, height, and yard regulations of the zone classification of

the subject property shall be complied with Los Angeles Municipal Code, except where herein granted conditions override.

31. Definition. Any agency, public official, or city department referenced in these conditions

shall mean that agency, public official, or city department, or its successor(s) or designee(s). “State Density Bonus Program” refers to State Government Code Section 65915. “Ordinance” refers to Ordinance 179,681 as the implementation Ordinance approved by the City Planning Commission on June 9, 2005 and August 21, 2006 and the Planning and Land Use Management Committee of the City Council on April 4, 2006, adopted by the City Council on February 20, 2008 effective on April 15, 2008.

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32. 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.

33. Building Plans. Page 1 of this 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.

34. 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 Directors opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

35. 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 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.

Notice: The Certificate(s) of Occupancy for the subject project will not be issued by the City until the construction of all public improvements required herein are completed to the satisfaction of the City Engineer.

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FINDINGS After thorough consideration of the information, statements, and plans contained in the application; the reports received from other City departments and governmental agencies; the California State Government Code Section 65915 (State Density Bonus Program), I hereby find that the requirements for issuing a Density Bonus Compliance Review approval have been established by the following: DENSITY BONUS / AFFORDABLE HOUSING INCENTIVES PROGRAM FINDINGS

1. The project substantially complies with the applicable regulations, standards and

provisions of LAMC Section 12.22.A.25.

A. “On-Menu” Affordable Housing Incentive. The applicant is providing 100% of the project units as Restricted Affordable units for Low-Income households. The project therefore qualifies for up to three Incentives from the Menu of Incentives, LAMC Section 12.22 A 25(f). However the applicant is requesting only one “On-Menu” incentive.

1. FAR. Pursuant to LAMC Section 12.22.A.25(g)(3), relief from LAMC

12.21.1.A.1 is permitted, thereby increasing the project’s Floor Area Ratio from 1.5:1 permitted by the C2-1-O zone to 3:1 (200% increase). This represents a potential increase in floor are from 31,500 sf to 94,500 sf. However the proposed project encompasses only 67,788 sf of area (an FAR of 2.15:1). The FAR increase from 1.5:1 to 3:1 is allowable under the Density Bonus Ordinance. The subject site measures 122 feet long (after dedication) along Jefferson Boulevard Without the requested increase in FAR, the development would be reduced by one-half in size (from that which is proposed), and could not be constructed as a Low-Income housing project. The number of units could be accommodated; however the commercial area of the development would be diminished or eliminated. The size of the commercial area is needed in order to obtain financing from Community Development Department to acquire the properties. Maximization of the project site to a 200% FAR increase ensures provision of the site use, which includes a community and education space as well as providing new commercial/retail space into the community.

B. Waivers and Modifications to Development Standards (“Off-Menu”

Affordable Housing Incentives). Pursuant to State Density Bonus Program, Code Section 65915, a “Development Standard” includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. The Applicant is requesting one “Off Menu” Incentives, as detailed below.

1. Tranisitional Height. The subject property is located in the C2-1 zone. Pursuant to LAMC Section 12.22.A.25(g)(3), relief from LAMC 12.21.1.A.10 (transitional height ordinance) is permitted, which increases the project’s allowed height in the C2 zoned portion, where the project is in close proximity to R1 zoned lots. This request is not permitted in the Menu of Incentives. Without the requested increase in building height, the development would be limited to 25 feet in height where the site abuts the

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R1 zone (along the north-side) and be limited to 33 feet in the middle of the site and permitted the 61 feet in height for the remainder of the property along Jefferson Boulevard. This would result in a reduction of two residential stories along the alley and one residential story over the remainder of the project (compared to the subject project as proposed). The result would be less residential stories with substantially less residential units, and the inability to maintain affordability of the development. An increase in building height to 49 feet is necessary to provide enough vertical space to accommodate the proposed four-story development. The four-story structure consists of ground floor retail with three residential levels above. The impact of the 49-foot high building is minimized in part by a large courtyard along the northern border of the projects site that will provide relief from the height and reduce the bulk of the building. In general, the project includes architectural articulation and quality design.

2. The Incentives are required in order to provide for affordable housing costs as

defined in California Health and Safety Code Section 50052.5, or Section 50053 for rents of the affordable units.

The Applicant submitted a pro-forma that indicates approximately $8 million dollars in direct subsidies with 15 million dollars in tax credits and loans to aid the construction of the project. Given that 100% of the units will be dedicated to low income residents, and in contrast to those density bonus projects that do contain market rate units, the Incentives granted will not be used to increase unit sale or rental value and therefore are not readily correlated to profit. The Incentives requested appear to be necessary to construct the project as proposed. The Incentives requested mostly enlarge the building envelope capacity on site.

3. The Incentives will not have a Specific Adverse Impact upon public health and

safety or the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the Specific Adverse Impact without rendering the development unaffordable to Very Low-, and Low-Income households. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

The subject project, a Low-Income mixed-use development is allowed in the C2-1-O zone. The proposed commercial and residential uses are compatible with the adjacent residential and commercial uses. Although medium and high density residential uses in close proximity to low density residential uses are generally undesirable, the Applicant has requested Waivers and Modifications to Development Standards consistent with both LAMC Section 12.22 A 25 (g)(3), the Density Bonus Ordinance, as well as the California State Government Code Section 65915, the State Density Program. The proposed building does not pose a specific adverse public health impact, or safety impact. Neither the subject site nor the abutting lots are listed in the California Register of Historic Resources. Therefore, the requested incentives will not have an adverse impact upon any real property that is listed in the California Register of Historic Resources.

4. The project incorporates mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review which would

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mitigate the negative environmental effects of the project to the extent physically feasible.

In compliance with requirements of the California Environmental Quality Act (CEQA), the project was issued a Mitigated Negative Declaration (ENV-2008-3252-MND-DB-REC-1). The project has been conditioned herein to require compliance with mitigation measures required pursuant to the MND.

CEQA Findings A Mitigated Negative Declaration (ENV-2008-3252-MND-DB-REC-1) 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 attached 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 that the Mitigated Negative Declaration, imposed the conditions shown in that document on this approval.

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PUBLIC HEARING AND COMMUNICATIONS Summary of Public Hearing Testimony and Communications Received The public hearing for this matter was held Friday June 26, 2009 at the Los Angeles City Hall 10th floor hearing room. There were approximately 20 persons in attendance. Ten people spoke at the hearing (three for the project, three against the project, and four provided general comments. As part of the general comments, a representative from the United Neighborhoods of the Historic Arlington Heights, West Adams, and Jefferson Park Communities Neighborhood Council spoke in support of the project provided that the project was built in accordance with conditions specified by the Neighborhood Council. The public presented the following comments as testimony. Applicant/Representative/Architect:

• Developer is providing affordable workforce housing in the area • Successfully developed similar properties in Los Angeles • Ground floor retail space is provided to activate sidewalks and provide modern retail space • Project has been approved by the Neighborhood Council (subject to conditions) • Held extensive community meetings with NC and other community organizations • Project has been revised in response to community concerns (reduced from 52 units to 40 units, reduced from 5 floors to 4 floors)

• FAR is needed to provide the number of units and bedrooms • Height needed to develop project with marketable number of units • Enhanced architecture • Community Redevelopment Agency has approved the project • Access to parking via alley Opposition • Public hearing should have been held in the community, not at downtown City Hall • Concern about leasbiility of retail space (retail vacancies exist in area) • Sewer capacity issues • School overcrowding • On-street parking (potential for overcrowding) • On-going maintenance of building (potential to degrade after a few years) • Not all were a part of neighborhood meetings • Traffic • Building is out of scale/too tall. Most buildings in the immediate area are one to two stories. Proposed project does not respect the predominate height of surrounding buildings.

United Neighborhoods of the Historic Arlington Heights, West Adams, and Jefferson Park Communities Neighborhood Council • Supported project contingent upon the approval of the following conditions 1. Applicant will work with DOT, other appropriate agencies, and the community in

investigating the potential creation of a cul-de-sac on 4th Avenue in order to mitigate increased traffic.

2. Right turn only restriction and advocacy for a physical bump out that will discourage/stop vehicles exiting the alley from turning north on 4th Avenue

3. Paying for the bump-out, if necessary

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4. Working with the Council District 10 member, staff and the community in persuading the appropriate agency to create a left turn lane on east bound Jefferson boulevard and 4th Avenue, including but not to limited formal written support

5. Ensuring that the building signage is consistent with the architecture of the community and CRA operating regulations/policies/guidelines

6. Once approved the plans must be signed, scanned, and posted on-line. 7. Include in writing on the project plans a statement that the project must be

substantially compliant (the same) as the plans and drawings presented to the P&Z committee on 4/15/09 and the elevation plans presented during the meeting of 5/6/09.

General Comments:

• Graffiti magnet • Leasbility of retail space • Sewer capacity. • Crime from additional residents • Traffic study did not address traffic and cut through issues along 4th and 5th avenues. Only focused on Jefferson Boulevard

• Keep design as presented at community meetings • On-site parking is not adequate Communications • Communication from Bureau of Engineering dated October 29, 2008 detailing dedication and improvements required.

• Traffic impact study submitted by Department of Transportation dated April 24, 2009. • At the hearing, a letter of support from the neighborhood council was submitted at the public hearing.

• Letters of support from local church groups. • Letter of opposition submitted by local resident.