CPC-2009-3158-GPA-ZC-HD-SPR C-1

Condition of Approval

Development Limitation (Floor Area Ratio and Height). A maximum Floor Area Ratio (FAR) of 2.3:1 shall be permitted. Maximum permitted height shall not exceed 76 feet, except that the height of structure(s) shall not exceed 59 feet when located within 10 feet of any property line which abuts a residential use.

CPC-2009-3158-GPA-ZC-HD-SPR

CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL

Pursuant to Los Angeles Municipal Code Section 12.32 G, the (T) Tentative Classification shall be removed by the recordation of a final 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 approvals or guarantees provided to the Planning Department for attachment to the subject City Plan case file.

1. Dedication(s) 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).

A. Dedications Required:

T-1

Seward Street (Local Street) -A 5-foot wide strip of land along the property frontage to complete a 30-foot half right-of-way in accordance with Local Street standards, including a 15-foot radius property line return at the intersection with Romaine Street.

Romaine Street (Local Street)- A 5-foot wide strip of land along the property frontage to complete a 30-foot half right-of-way in accordance with Local Street standards, including a 15-foot radius property line return at the intersection with Hudson Avenue.

Hudson Avenue (Local Street) - None.

B. Improvements Required:

Seward Street- Construct additional surfacing to join the existing improvements to provide a 20-foot half roadway in accordance with Local Street standards, including asphalt pavement, integral concrete curb, 2-foot gutter and a 1 0-foot concrete sidewalk. Construct an access ramp at the intersection with Romaine Street to comply with ADA requirements. These improvements should suitably transition to join to the existing improvements.

Romaine Street - Construct additional surfacing to join the existing improvements to provide a 20-foot half roadway in accordance with Local Street standards, including asphalt pavement, integral concrete curb, 2-foot gutter and a 1 0-foot concrete sidewalk. Construct an access ramp at the intersection with Romaine Street to comply with ADA requirements. These improvements should suitably transition to join to the existing improvements.

Hudson Avenue- Construct a 10-foot full-width concrete sidewalk and repair any broken, off-grade or bad order concrete curb and gutter adjoining the property.

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.

Trees: Board of Public Works approval shall be obtained prior to the issuance of the

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Certificate of Occupancy of the development project, for the removal of any tree in the existing or proposed public right-of-way area associated with the improvement requirements outlined herein. The Bureau of street Services Urban Forestry Division is the lead agency for obtaining Board of Public Works approval for the removal of such trees.

Street Lighting: Installation of street lights to the satisfaction of the Bureau of Street Lighting. If new street light(s) are required, the property within the boundary of the development shall be formed or annexed into a Street Lighting Maintenance Assessment District prior to final recordation or issuance of the Certificate of Occupancy.

Department of Transportation may have additional requirements for dedication and improvements.

Refer to the Department of Transportation for the relocation of traffic, signs, parking meters and equipments (213) 482-7024.

Refer to the Department of Water and Power regarding power poles (213) 267-2715.

Roof drainage and surface run-off from the property shall be collected and treated at the site and drained to the street through drain pipes constructed under the sidewalk and through curb drains or connections to the catch basins.

Sewer lines exist in Seward Street and Hudson Avenue. Extension of the 6-inch house connection laterals to the new property line may be required. All Sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a building permit.

An investigation may be necessary to determine the capacity of the existing public sewers to accommodate the proposed development. submit a request to the Central District Office of the Bureau of Engineering (Sewer Counter) to verify sewer capacity (213) 482-7030.

Submit shoring plans and lateral support plans to the Central District Office of the Bureau of Engineering for review and approval prior to excavating adjacent to the public right-of-way (213) 482-7474.

Submit a parking area and driveway plan to the Central District Office of the Bureau of Engineering and Department of Transportation office for review and approval. (213) 482-7474.

The requirements 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;

b. All structures shall be within 300-feet of an approved fire hydrant;

c. 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.

Police. The plans shall incorporate the design guidelines relative to security, semi-public and private spaces, which may include but not be limited to access control to building(s),

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secured parking facilities, wall/fences with key systems, well illuminated pubic and semi­public space designed with a minimum of dead space to eliminate areas of concealment. Please refer to design Out Crime Guidelines: Crime Prevention Through Environmental design published by the Los Angeles Police Department's Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, (213) 485-3134. these measures shall be approved by the Police Department prior to the issuance of building permits.

Responsibilities/Guarantees.

1. As part of early consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer.

2. Prior to 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.

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 property will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.), as required herein, are completed to the satisfaction of the City Engineer.

ORDINANCE NO.-------

An ordinance amending Section 12.04 of the Los Angeles Municipal Code by amending the zoning map.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section_. Section 12.04 of the Los Angeles Municipal Code is hereby amended by changing the zone classifications of property shown upon a portion of the Zoning Map incorporated therein and made a part of Article 2, Chapter 1 of the LAMC, so that such portion of the Zoning Map shall conform to the zoning on the map attached hereto and incorporated herein by this reference.

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D.M. 144 B 185

Data SQurces: Department of City Planning, Bureau of Engineering

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CPC 2009-3158-GPA-ZC-HO-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.

A. Entitlement Conditions.

1. Use. The development of the subject property shall comply with all area, use and height provisions of the (T)(Q)M1-2D Zone, except as may be conditioned herein.

2. Site Plan. Prior to the issuance of any building permit, detailed development plans, including a complete landscape and irrigation plan and a parking area and driveway plan, shall be submitted to the Planning Department for review and sign-off clearance. These plans shall be in substantial conformance with the plot plan, and landscape plans, and in complete conformance with the elevations stamped and dated June 10, 2010, attached to the administrative file. The plans shall comply with applicable provisions of the Municipal Code, the subject conditions herein and the intent of the subject permit authorization.

3. Parking. Automobile parking spaces shall be provided and maintained on site pursuant to Los Angeles Municipal Code (LAMC) Section 12.21 A 4. Site access shall be limited to Seward Street. No at grade parking shall be permitted along the Hudson Avenue frontage and shall be adequately buffered from street view.

4. Height. The height of all buildings and structures on the subject property shall be in substantial conformance with the approved Elevations dated 6/10/10. The height of all buildings and structures shall not exceed 76 feet, as defined by Sections 12.03 and 12.21 B 3(a) and (b) of the Los Angeles Municipal Code. Any structures on the roof, such as air conditioning units and other equipment, shall be fully screened from view of any abutting residential properties.

5. Trash and Storage Area(s). Solid masonry block walls, a minimum of six feet in height, shall enclose trash and other storage areas. There shall be no openings except for gates. The areas shall be buffered so as not to result in noise, odor or debris impacts on any adjacent uses. All outside trash containers on the subject property shall be enclosed and shall be located so as not to result in noise or smell impacts on any adjacent use, or upon residents of the subject property.

6. Maintenance. The subject property including associated parking facilities, sidewalks, and landscaped planters adjacent to the exterior walls along the all property lines shall be maintained in an attractive condition and shall be kept free of trash and debris. Trash receptacles shall be located throughout the site.

7. Site Plan Review. The subject Site Plan Review is approved subject to any appeals.

B. Environmental Conditions.

8. Landscaping. All open areas not used for buildings, driveways, walks, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance

CPC-2009-3158-GPA-ZC-HD-SPR Q-2

with a landscape plan, including an automatic irrigation plan, prepared by a licensed landscape architect to the satisfaction of the planning department.

9. Graffiti. Every building, structure, or portion thereof, shall be maintained in a safe and sanitary condition and good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section 91.8104. The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91.8104.15.

10. Signs. On-site signs shall be limited to the maximum allowable under the Municipal Code. Multiple temporary signs in the store windows and along the building walls are not permitted.

11. Lights. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties.

12. Glare. The exterior of the proposed building shall be constructed of materials such as high­performance tinted non-reflective glass and pre-cast concrete or fabricated wall surfaces.

13. Air Pollution (Stationary). The applicant shall install an air filtration system with filters meeting or exceeding the AS HARE Standard 52.2 Minimum Efficiency Rating Value (MERV) of at least if., to the satisfaction of the Department of Building and Safety.

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

(Human Remains) In the event that human remains are discovered during excavation activities, the following procedure shall be observed:

Stop immediately and contact the County Coroner: 1104 N. Mission Road Los Angeles, CA 90033 323-343-0512 (8 a.m. to 5 p.m. Monday through Friday) or 323-343-0714 (After Hours, Saturday, Sunday, and Holidays) The coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission. The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American. The most likely descendent has 48 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave goods.

If the descendent does not make recommendations within 48 hours the owner shall reinter the remains in an area of the property secure from further disturbance, or; If the owner does not accept the descendant's recommendations, the owner or the descendent may request mediation by the Native American Heritage Commission.

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15. Cultural Resources (Paleontological). If any paleontological materials are encountered during the course of the project development, the project shall be halted. The services of a paleontologist shall be secured by contacting the Center for Public Paleontology - USC, UCLA, Cal State Los Angeles, Cal State Long Beach, or the Los Angeles County Natural History Museum to assess the resources and evaluate the impact. Copies of the paleontological survey, study or report shall be submitted to the Los Angeles County Natural History Museum. A covenant and agreement shall be recorded prior to obtaining a grading permit.

16. Construction (Noise). The project shall comply with the City of Los Angeles Noise Ordinance Nos. 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/or demoliUon shall be restricted to the hours of7:00 AM to 6:00PM Monday through Friday, and 8:00AM to 6:00 PM on Saturday.

b. Construction and/or demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously that causes high noise levels.

c. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices.

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.

17. Erosion/Grading/Short-Term Construction lmpacts(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.

b. The owner or contractor shall maintain the construction area sufficiently dampened to control dust caused by grading, construction and hauling, and at all times provide reasonable control of dust caused by wind.

c. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust.

d. All materials transported off-site shall be either sufficiently watered or securely covered to prevent the generation of excessive amounts of dust.

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

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

18. Erosion/Grading/Short-Term Construction lmpacts(General Construction).

a. 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 and wastes shall be removed to an appropriate landfill. Toxic wastes shall be discarded at a licensed regulated disposal site.

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

CPC-2009-3158-GPA-ZC-HD-SPR Q-4

c. Do not hose down pavement at material spills. Use dry cleanup methods whenever possible.

d. Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting.

e. Use gravel approaches where truck traffic is frequent to reduce soil compaction and limit the tracking of sediment into streets.

f. Conduct all vehicle/equipment maintenance, repair, and washing away from storm drains. All major repairs are to be conducted off-site. Use drip pans or drop clothes to catch drips and spills.

19. Erosion/Grading/Short-Term Construction lmpacts(Grading).

a. Excavation and grading activities shall be scheduled during dry weather periods. If grading occurs during the rainy season (October 15 through April1 ), 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. Appropriate erosion control and drainage devices shall be. provided to the satisfaction of the Building and Safety Department. These measures include interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned.

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

20. Haul Routes. Projects involving the import/export of 1,000 cubic yards or more of dirt shall obtain haul route approval by the Department of Building and Safety. The developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety. Fences shall be constructed around the site to minimize trespassing, vandalism, short-cut attractions and attractive nuisances.

21. Hazardous Substances. Prior to the issuance of the Certificate of Occupancy the applicant shall provide a letter from the Fire Department stating that it has permitted the facility's use, storage, and creation of hazardous substances.

22. Explosion/Release (Methane Gas). All commercial, industrial, and institutional buildings shall be provided with an approved Methane Control System, which shall include these minimum requirements; a vent system and gas-detection system which shall be installed in the basements or the lowest floor level on grade, and within underfloor space of buildings with raised foundations. The gas-detection system shall be designed to automatically activate the vent system when an action level equal to 25% of the Lower Explosive Limit (LEL) methane concentration is detected within those areas. All commercial, industrial, institutional and multiple residential buildings covering over 50,000 square feet of lot area or with more than one level of basement shall be independently analyzed by a qualified engineer, as defined in Section 91.7102 of the Municipal Code, hired by the building owner. The engineer shall investigate and recommend mitigation measures which will prevent or retard potential methane gas seepage into the building. In addition to the other items listed in this section, the owner shall implement the engineer's design recommendations subject to Department of Building and Safety and Fire Department approval.

23. 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

CPC-2009-3158-GPA-ZC-HD-SPR Q-5

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. Prior to issuance of any permit for 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.

24. Groundwater Quantity. The Department of Building and Safety requires, when feasible, that applicants modify the structural design of a building so as not to need a permanent dewatering system. When a permanent dewatering system is necessary, the Department of Building and Safety require the following measures to mitigate the impacts to a level of insignificance:

Pumping water to a beneficial use on site such as: 1. Landscape irrigation. 2. Decorative Fountains or lakes. 3. Toilet Flushing. 4. Cooling Towers.

Return water to the groundwater basin by an injection well.

25. Commercial & Industrial Development (Lot Size 43,560 sf). 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 the SUSMP can be downloaded at: http://www.swrcb.ca.gov/rwqcb4/).

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. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rates for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. 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. 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. Any connection to the sanitary sewer must have authorization from the Bureau of Sanitation. The following activities are to be conducted under proper cover with drain routed to the sanitary sewer: Storage of industrial wastes Handling or storage of hazardous wastes Metal fabrication or Pre-cast concrete fabrication Welding, Cutting or Assembly Painting, Coating or Finishing Store above ground liquid storage tanks (drums and dumpsters) in areas with impervious

CPC-2009-3158-GPA-ZC-HD-SPR Q-6

surfaces in order to contain leaks and spills. Install a secondary containment system such as berms, dikes, liners. vaults, and double-wall tanks. Where used oil or dangerous waste is stored, a dead-end sump should be installed in the drain. Toxic wastes must be discarded at a licensed regulated disposal site. Store trash dumpsters both under cover and with drains routed to the sanitary sewer or use non-leaking and water­tight dumpsters with lids. Use drip pans or absorbent materials whenever grease containers are emptied. Wash containers in an area with properly connected sanitary sewer. Reduce and recycle wastes, including: paper; glass; aluminum; oil; and grease. Reduce the use of hazardous materials and waste by: using detergent-based or water­based cleaning systems; and avoid chlorinated compounds, petroleum distillates, phenols, and formaldehyde. Convey runoff safely from the tops of slopes and stabilize disturbed slopes. 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. Legibility of stencils and signs must be maintained. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. The storage area must be paved and sufficiently impervious to contain leaks and spills. The storage area must have a roof or awning to minimize collection of stormwater within the secondary containment area.

26. Hydrology and Water Quality. 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 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.

27. Increased Noise Levels. A 6-foot-high solid decorative masonry wall adjacent to the residential properties shall be constructed, if no such wall currently exists. No operable window openings shall be permitted along the sides of the building adjacent to any residential use. All HVAC units shall be located as far from adjacent residential uses as is feasible, and also shall be shielded in such a way as to reduce noise impacts on adjacent residential uses.

28. Increased Vehicle Trips/Congestion. Implementing measure(s) detailed in said Department's communication to the Planning Department dated 2/25/09 and contained in the Administrative file shall be complied with. Such report and mitigation measure(s) are incorporated herein by reference.

The applicant shall execute a Letter of Credit, or similar guarantee agreement, to cover the cost of designing and constructing a new traffic signal at Melrose Avenue and Seward Street (estimated at $150,000). The Letter of Credit or other guarantee agreement shall be executed, to the satisfaction of the Los Angeles Department of Transportation (DOT), prior to issuance of any certificate of occupancy and would be in effect for a five-year period after the project is occupied.

A construction work site traffic control plan shall be submitted to DOT's Hollywood-Wilshire District Office for review and approval prior to the start of any construction work. The plan shall show the location of any roadway or sidewalk closures, traffic detours, haul routes,

CPC-2009-3158-GPA-ZC-HD-SPR

hours of operation, protective devices, warning signs and access to abutting properties. All construction related traffic shall be restricted to off-peak hours.

Q-7

Highway dedication and street widening may be required along those streets that front the proposed project. The applicant shall check with the BOE Land Development Group to determine if there are any highway dedication, street widening and/or sidewalk requirements for the project.

The project shall comply with the provisions of the City's TDM Ordinance No. 168,700. In addition to these requirements, the applicant shall, to the satisfaction of DOT, implement other trip-reduction measures that may include, but not be limited to: providing on-site rideshare and transit service information; providing on-site wayfinding information and signage to encourage walking and use of transit; promoting the use of transit by enhancing access to transit stops; fully or partially subsidizing the cost of transit passes for site employees. The applicant shall record a covenant and agreement to monitor and submit annual reports on the progress of their TDM efforts to DOT. Annual reports shall include a report on the van/bus ridership, and other transit-related measures.

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

All new construction. Unless otherwise required, and to the satisfaction of the Department of Building and Safety, the Applicant shall install;

High-efficieny toilets (maximum 1.28 gpf}, including dual-flush water closets, and high­efficiency urinals (maximum 0.5 gpf}, including no-flush or waterless urinals, in all restrooms as appropriate. Rebate may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations.

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

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

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

Create water-efficient landscapes, by requiring a certain percentage of xeroscape/or drought

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tolerant landscaping.

30. Utilities (Solid Waste). 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 part of the projects regular solid waste disposal program. 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 contractforwaste disposal services with a company that recycles demolition and/or construction-related wastes. The contractor shall provide temporary waste separation bins onsite during demolition and construction. These bins shall be emptied and recycled accordingly.

C. Administrative Conditions.

31. 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 Department of City Planning for placement in the subject file.

32. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions may vary.

33. 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 in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder's number and date shall be provided to the Department of City Planning for attachment to the file.

34. 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.

35. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency's successor and in accordance with any stated laws or regulations, or any amendments thereto.

36. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety.

37. Project Plan Modifications. Any corrections and/or modifications to the Project plans made subsequent to this grant that are deemed necessary by the Department of Building and Safety, Housing Department, or other Agency for Code compliance, and which involve a change in site plan, floor area, parking, building height, yards or setbacks, building separations, design or lot coverage, shall require a referral of the revised plans back to the

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Department of City Planning for additional review and final sign-off prior to the issuance of any building permit in connection with said plans. This process may require additional review and/or action by the appropriate decision making authority including the Director of Planning, City Planning Commission, Area Planning Commission, or Board

38. 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.

Sec. _. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of---------------·

JUNE LAGMAY, City Clerk

By ______________________ ~---

Deputy

Approved-------------

Pursuant to Section 558 of the City Charter, the City Planning Commission on June 10, 2010, recommended this ordinance be adopted by the City Council. ,

Iiams, Commission Executive Assistant I ing Commission

File No.----------------

Mayor

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FINDINGS

A. General Plan. The subject property is located within the Hollywood Community Plan, which was adopted by the City Council on Dec. 13, 1988 (Case No. CPC 184 73). The Hollywood Community Plan map designates the subject property as Low Medium II Residential (Corresponding zones include RD1.5 and RD2.

B. General Plan Text. The Hollywood Community Plan text includes the following relevant land use Objectives, policies and programs:

Objective No.4. To promote economic well being and public convenience through:

Designating land for industrial development that can be used without determent to adjacent uses of other types, and imposing restrictions on the types and intensities of industrial uses as are necessary for this purpose.

Encourage the revitalization of the motion picture industry.

C. City Charter Sections 556 and 558. The recommended General Plan Amendment from Medium Residential to Limited Manufacturing complies with Charter Sections 556 and 558 in that the recommended amendment reflects the land use patterns and trends and uses in the immediate area and furthers the intent, purposes and objectives of the Hollywood Community Plan. The General Plan Amendment to Limited Manufacturing is consistent with the intent of the Hollywood Community Plan Objective to designate land for industrial development that can be used without determent to adjacent uses of other types and to encourage the revitalization of the motion picture industry through permitting the proposed redevelopment of a post-production film editing and storage facility in the Hollywood Community. While this use is historic to the Hollywood Community and directly supports the Motion Picture Industry, the subject site contains a film production related use that has become obsolete and was severely damaged. The replacement facility continues an existing use within a an updated facility that is also designed to be compatible with existing residential uses through restricted access, varied height, LAMC required on-site parking and ample open space and landscaping.

D. Zone Change Findings. Pursuant to Section 12.32C7 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.

1. The subject request includes a Zone and Height District Change from R3-1 and MR1-1 to M1-2D to permit an increase in buildable floor area (FAR maximum to be permitted is 3:1 in lieu of 6:1) over the entire site, a General Plan Amendment from Medium Residential to Limited Manufacturing for that portion of the site facing Hudson only (Lots 1,2 and 3) and Site Plan Review for non-residential development in excess of 50,000 square feet. The subject entitlements will accommodate development of a 126,980 square foot post­production, editing and film storage facility, with a maximum height of 76 feet. The recommended Zone and Height District Change from MR1-1 and R3-1 to (T)(Q)M1-2D is in keeping with the prevailing zoning of the immediate area, and is within the range of permitted/corresponding zones (which include MR1 ,M1 ,P and PB)forthe proposed General Plan Land Use designation of Limited Manufacturing.

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The recommended zone of (T)(Q)M1-2D (Limited Industrial Zone, Unlimited Height, maximum permitted FAR of 3:1) is consistent with the existing pattern of development and zoning within the immediate area:

Properties to the north (across Romaine Street) are zoned MR-1 and R3-1, planned for Limited Manufacturing and Medium Residential Density uses, and are improved with the Hollywood Center Studios (and related uses), office and commercial uses. There are multiple family residential developments of 4 to 8 units and several lots developed with single family uses;

Properties to the east (across Hudson Avenue) are zoned R3-1, planned for Medium Residential, and improved with multiple family residential uses (2 to 26 dwelling units);

Properties to the south are zoned R3-1 and MR-1 and are planned for Medium Density Residential and Limited Manufacturing uses, respectively. These properties are improved with the TODD-AO sound studios, parking office and multiple family uses;

Properties to the west (across Seward Street) are zoned (T)(Q)M1-1-SN, MR1-1, PF-1XL and R2-1 XL, planned for Limited Manufacturing, Public Facility and Medium Residential uses. Properties are improved with vacant land (recently approved by the City Planning Commission for development of an office complex catering primarily to entertainment-type users for offices, post-production, and editing facilities consisting of two office buildings and a parking structure. The proposed office buildings range in height from three to five-stories (45 to 76 feet), total about 241 ,568 square feet). There are also a City of Los Angeles maintenance yard and single/multiple family residential uses.

A new Development Limitation (D) is proposed which would limit development on the site to a maximum FAR of 2.3:1 and Height to a maximum of 76 feet. The subject project is proposed to be built at a maximum FAR of 3:1 and a maximum height of 76 feet. The requested Height District (HD-2) permits unlimited height in the M1 Zone and a maximum Floor Area Ratio of 6:1, or six times the buildable area of the site. The subject site is approximately 56,148 square feet in size and would permit approximately 337,000 square feet of development on the site with an FAR of6:1. The recommended FAR of 2.3:1 would allow a maximum of 129,140 square feet of development on the site (project development is proposed at a maximum of 126,980 square feet). There are no other HD-2 designated properties in the immediate area. The existing M1-1 and MR1-1 zones are permitted unlimited height, but with a maximum FAR of 1.5:1. Other M1-1 zoned parcels in the immediate area are limited in height to 45 feet if they are located adjacent to residential zoned uses (per LAMC Section 12.22 A 23). The subject site will be located in HD-2 and therefore, will not be subject to LAMC Section 12.22 A 23 requirements.

The recommended height and FAR (maximum height 76 feet, FAR of 2.3:1) will be mitigated through the design of the proposed project as follows: the project has been conditioned to a maximum height of 59 feet within 10 feet of any property line which abuts a residential use; all vehicular access to the site will be from Seward Street where any potential impact to residential uses will be minimal; pedestrian access is limited along Hudson Avenue; the primary open space/courtyard area is located along the Seward Street entrance away from residential properties located on Seward Street; no at grade parking is permitted along the Hudson Avenue frontage; all lighting on the site will be shielded away from adjacent residential properties; a six foot high masonry wall is to be located adjacent to the residential uses; No operable windows will be permitted adjacent to residential uses; no materials will be permitted which produce glare. Therefore, residential uses located immediately adjacent to the subject site will be buffered from potential impacts through the implementation of

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these Conditions of Approval, which include environmental mitigation measures identified in the Mitigated Negative Declaration.

2. The action, as recommended, has been made contingent upon compliance with the "T" and "Q" conditions imposed herein. 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.

E. D Development Limitation Findings. Pursuant to LAMC Section 12.32.G 4

To protect the best interest of and assure a development more compatible with the surrounding property or neighborhood.

The proposed D Limitation would ensure that the proposed project or any development on the subject site does not exceed the prevailing height in the surrounding area, while protecting residentially zoned properties located adjacent to the site from potential loss of privacy. In addition, the proposed limitation will limit the buildable area or FAR on the site to a limit that is appropriate with development in the area. The proposed zone permits unlimited height and a maximum FAR of 6:1. The subject D limitation holds the height on the site to a maximum of 76 feet (59 feet within 10 feet of the property line abutting any residential use) and the FAR to 2.3:1.

To secure an appropriate development in harmony with the objectives of the General Plan.

The proposed D limitation supports development on the site that is in harmony (consistent) with the intent of the following Objective of the Hollywood Community Plan:

Objective No. 4. To promote economic well being and public convenience through:

Designating land for industrial development that can be used without determent to adjacent uses of other types, and imposing restrictions on the types and intensities of industrial uses as are necessary for this purpose.

F. Site Plan Review Findings. Pursuant to Section 16.05 F of the Municipal Code.

The project complies with all applicable provisions of the Los Angeles Municipal Code, Planning and Zoning Section and any applicable specific plan.

The Project complies with all applicable provisions of the Planning and Zoning Code, except as may be conditioned herein. The requested zone change will meet the applicable provisions of the Los Angles Municipal code. The project, as conditioned is in substantial conformance with the use, density, and height requirements required the LAMC and with the objectives and policies contained in the Hollywood Community Plan. The site is not located in a Specific Plan area.

The project is consistent with the General Plan.

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The proposed use is permitted in the M1-2D zone and the requested Zone/Height District are within the range of zones permitted by the Limited Manufacturing Land Use category. The General Plan Amendment to Limited Manufacturing is consistent with the intent of the Hollywood Community Plan Objective to designate land for industrial development that can be used without determent to adjacent uses of other types and to encourage the revitalization of the motion picture industry through permitting the proposed redevelopment of a post-production film editing and storage facility in the Hollywood Community. While this use is historic to the Hollywood Community and directly supports the Motion Picture Industry, the subject site contains a film production related use that has become obsolete and was severely damaged. The replacement facility continues an existing use within a an updated facility that is also designed to be compatible with existing residential uses through restricted access, varied height, LAMC required on-site parking and ample open space and landscaping.

The project is consistent with any applicable adopted redevelopment plan.

The project is not located in an identified redevelopment plan area.

The project consists of an arrangement of buildings and structures (including height, bulk and setbacks), off-street parking facilities, load areas, lighting, landscaping, trash collections, and other such pertinent improvements, which is or will be compatible with existing and future developments, on the neighboring properties.

The project will consist of one building with a north wing and a south wing, connecting at the center of the project site. The proposed building will vary in height between 43.5 feet and 76 feet. The proposed FAR is approximately 2.26 (126,980sf/56,148sf). Parking is proposed pursuant to LAMC requirements and will be located on-site in a subterranean parking facility and at grade along Seward Street only. Loading area(s) will be located within the parking garage. Trash collection facilities are proposed inside the building with gated access from Hudson Avenue. All site lighting will be directed away from adjacent properties and increased landscaped setbacks (in excess of LAMC requirements) are proposed for all four sides of the building. An entry/courtyard area is proposed along the Seward Streetfrontage.

The project incorporates feasible mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review, which would substantially lessen the significant environmental effects of the project, and/or any additional findings as may be required by CEQA.

For the reasons set forth in Proposed Mitigated Negative Declaration No. ENV 2009-95-MND, the project will not have a significant effect on the environment.

G. CEQA Finding.

A Mitigated Negative Declaration (ENV-2009-95-MND) 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

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decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street.

RESOLUTION

WHEREAS, the subject property is located within the area covered by the Hollywood Community Plan, which was adopted by the City Council on December 13, 1988 (Council File No. 86-0695-S1); and

WHEREAS, the applicant requested a proposed General Plan Amendment within the Hollywood Community Plan from Medium Density Residential to Limited Manufacturing land use designation; and

WHEREAS, the proposed project is for the development of a new 126,980 square foot industrial complex with office and light manufacturing uses. The proposed building would range in height from 43 'h to 68 feet and an elevator facility reaching 76 feet in height. A total of 254 on-site parking spaces are proposed both at ground level and in a subterranean parking garage. The site consists of 8 parcels totaling 56,148 square feet in area; and

WHEREAS, the City Planning Commission at its meeting of June 10, 2010, approved a General Plan Amendment from Medium Density Residential to Limited Industrial land use designation for the three parcels fronting on Hudson Avenue Legally Described as Lots 1, 2, and 3 of the Strong and Dickinson's South Hollywood No. 1 Tract; and

WHEREAS, pursuant to the provisions of the Los Angeles City Charter, the Mayor and City Planning Commission have transmitted their recommendations; and

WHEREAS, the recommended General Plan Amendment is consistent with the intent and purpose of the adopted Hollywood Community Plan to designate land uses in an orderly and unified manner; and

WHEREAS, approval of the General Commercial land use designation will allow the office light manufacturing development on the site which will be consistent with the Plan and the zone; and

WHEREAS, the subject project has a Mitigated Negative Declaration No. ENV 2009-95 MND, in accordance with the City's Guidelines for implementation of the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED that the Hollywood Community Plan shall be amended as shown on the attached General Plan Amendment Map.

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HOLLYWOOD Data Sources: Department of City Plal'!l'llng, Bureau of Englneming

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