DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT

City Planning Commission Date: December 18, 2008 Time: After 8:30 a.m. Place: Van Nuys City Hall

Council Chambers, Second Floor 14410 Sylvan Street, Room 201, Council Chamber Van Nuys CA 91401

Public Hearing: May 5, 2008 Appeal Status: General Plan Amendment is not

appealable, Zone Change may be appealed by the applicant if denied.

Expiration Date: March 18, 2009 Multiple Approval: yes

Case No.: CPC-2006-10312-GPA-ZC CEQA No.: ENV-2006-8988-MND Incidental Cases: Related Cases: AA-2006-8987-PMLA Council No.: 7 Plan Area: Sylmar Specific Plan: None Certified NC: Sylmar GPLU: Very Low I Residential Zone: RA-1-K

Applicant: Hector and Connie Galvan Representative: Veronica Granovsky

PROJECT LOCATION:

15445-15447 W. Roxford Street

PROPOSED PROJECT:

Demolition of existing buildings and construction of four, one-story, single family dwellings with detached carports. [Note: Case No. AA-2006-8987-PMLA has been filed for parcel map purposes and will require a separate hearing before the Advisory Agency at a later date.]

REQUESTED ACTION:

1. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment to the Sylmar Community Plan (Periodic Plan Review for Window 165, Geographic Area 1) from Very Low I Residential to Low Residential; and

2. Pursuant to Section 12.32 of the Municipal Code, a Zone Change from RA-1-K (Suburban Zone, minimum lot area 17,500 square feet) to RS-1-K Suburban Zone, minimum lot area 7,500 square feet).

RECOMMENDED ACTIONS: 1. Approve and recommend that the City Council approve the requested a General Plan Amendment to

the Sylmar Community Plan from Very Low I Residential to Low Residential; 2. Approve and recommend that the City Council approve the requested Zone Change from the RA-1-K

Zone to (T)(Q)RS-1-K Zone; 3. Adopt Mitigated Negative Declaration No. 2006-8988-MND; 4. Adopt the attached Findings;

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5. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

S. GAIL GOLDBERG, AICP Director of Planning Daniel Scott, Principal City Planner Robert Z. Duenas, Senior City Planner Franklin N. Quon, City Planner Telephone: (818) 374-5036

TABLE OF CONTENTS

Project Analysis ........................................................................................................ A-1 Project Summary Background Issues Conclusion (Q) Qualified Conditions of Approval ...................................................................... Q-1 (T) Conditions.............................................................................................................T-1 Findings ......................................................................................................................F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Hearing and Communications.......................................................................P-1 Exhibits: A – Maps

A1 – Vicinity Map A2 – Radius Map A3 – Existing Zone Map A4 – Existing Plan Map A5 – Proposed Plan Map B - Plans

B1 – Plot Plan B2 – Floor Plan B3 – Elevations C – Environmental Clearance D – Proposed “New Community Plan” Land Use and Zoning Matrix, with map.

CPC-2006-10312-GPA-ZC A-1

PROJECT ANALYSIS Project Summary The site plan shows a project of 4 single family dwellings within a site to be divided into 4 lots. Each lot will be accessed by the proposed private street. The lot adjacent to the public street (Roxford) should have its dwelling oriented to Roxford Street and not the private street. The proposed lots appear to be in compliance with the standards of the RS zone. The proposed zone will be consistent with the general plan designation requested. Justification of such zone change is appropriate and will enhance the vicinity’s evolving single family subdivision pattern. The general plan amendment requested produces a logical land use pattern that is consistent with the request zone boundaries. Additionally, the general plan amendment for the area of the subject property is consistent with the proposed New Sylmar Community Plan Recommendations. The public hearing produced individuals that were in favor of these entitlements. Concerns raised from correspondence regarding construction impacts were addressed by conditions of approval. Findings of fact can be more appropriately made due to other similar land use changes that have occurred in the vicinity. Background The subject property is a rectangular shape site of approximately 43,464 square feet. The site slopes approximately 7 feet from the rear towards the front. Two dwellings are built on the site along with various accessory buildings. The lot is encumbered with an existing 2-foot wide walkway easement at the front of the lot along Roxford Street. Most large-lot single family development in the area includes horse-keeping facilities. Nearby Stetson Canyon Channel to the west incorporates an Equestrian Trail designation on the Community Plan. Surrounding properties are as follows: Abutting to the northeast and northwest are single family development designated Very Low I Density Residential and zoned RA-1-K. Abutting the site to the southwest are single family units designated Low Density Residential and zoned (Q)RS-1-K. Across Roxford Street to the southeast are single family dwellings designated Very Low I Density Residential and zoned RA-1-K. Street Designations: Roxford Street is classified as Major Highway Class II and dedicated to a width of 60 feet adjacent to the subject property and improved with curbs and gutters. Bradley Avenue is classified as a Collector Street and dedicated to a width of 60 feet and improved with curbs and gutters. Herrick Avenue is classified as a Collector Street and dedicated to a width of 60 feet and improved with curbs and gutters.

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Los Olivos Road is classified as a Local Street1 and dedicated to a width of 54 feet and improved with curbs and gutters. Related Cases: CPC 2006-5569-CPU: New Community Plan Program for the Sylmar Community. City Planning Staff has completed the land use recommendations and is currently in the process of developing policy recommendations. The three year revision process is in the end of the last year of the program. The next steps will include the public workshops to introduce the aforementioned recommendations, then the public hearing process before the Area Planning Commission and City Planning Commission and City Council (see Exhibit D). CPC 1990-0345-CPR: Community Plan Revision for the Sylmar Community Plan Area. Ordinance No. 175,700 became effective on January 19, 2004. CPC 1986-282-GPC: General Plan Consistency Program for Sylmar Community Plan Area. The subject action changed the zone of the subject property and adjacent properties to the RA-1-K Zone. Ordinance No. 162,936, Subarea 230 became effective on December 22, 1987. CPC 14078: Zone Change for the subject property and adjacent properties to the northeast changing the zone to (T) R3-1. Ordinance no. 132,466 became effective on July 9, 1966. CPC-2003-8909-ZC-GPA: Zone Change and Plan Amendment from Very Low I to Low Residential and RA-1 to (T)(Q)RA-1, (T)(Q)RE9-1 and (T)(Q)RS-1 for a 44 lot single family subdivision, on the adjacent parcel to the southeast and beyond (accessed by Los Olivos Rd. and Monte St.), having frontage on Roxford Street and Herrick Avenue. Adopted by the City Council on March 9, 2005 and Ordinance No. 176,555 became effective on May 2, 2005. Ordinance No. 113,157: Establishment of a 38-foot Building Line Ordinance on both sides of Roxford Street between Sepulveda Boulevard and Foothill Boulevard. Approved on March 25, 1959. AA-2006-8987-PMLA: Parcel Map request to subdivide a parcel of land into 4 lots. The case is pending public hearing. Reports Received: Prior to the completion of the Hearing Officer’s report no letters were received from other city agencies. Hearing Officer Comments: The site plan generally identifies the proposed project of 4 single family dwellings will be distributed over the lot of 43,464 square feet. These lots are proposed for subdivision into 4 residential lots and a private street to serve as access. The lots will be oriented to the private street including the Parcel D. Staff recommends a “Q” condition that requires the unit on Parcel D be oriented to Roxford Street. Each proposed lot will meet or exceed the minimum lot area requirement of 7,500 square feet. No tree report was included in the submittal; however, the Preliminary Parcel Map notes that there are approximately 22 trees on the property with one protected tree – California Sycamore. 1 Undesignated by the current Sylmar Community Plan, however, Los Olivos Road is developed to the standards of a Noncontinuous Local Street of the City’s Standard Street Dimensions Plan (S-470-0).

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The Environmental Assessment Form notes that 14 trees will be removed as a result of the project. The standard replacement mitigation for protected species will require 2 trees to be planted for each tree removed. The removal of other trees will require a 1:1 replacement ratio. Such conditions are included in the Q conditions. Height District 1 permits a maximum building of 45 feet in height. However, because the site is not located within a hillside or coastal zone, the maximum height for the project in compliance with the Municipal Code is 33 feet. The floor plan submitted with the file indicates a typical one story single family dwelling with 3 bedrooms and 4 baths. No garage or carport for vehicle parking information was noted. Parking for dwellings in single family residential zones is required by the Municipal Code Section 12.21 A 4(a) at 2 garage parking spaces per dwelling unit. The applicant’s proposal of carports is inadequate to meet this requirement. Staff’s evaluation of the project for compliance with the “Walkability Checklist” was conceptual at best due to the generic floor plan that was submitted and not precise plans. The applicant identified the single family units were situated at the center of each lot are in general compliance with the yard requirements. No parking, driveway or landscape treatment was noted. Understandably, the single family subdivision proposed usually does not require submittal of substantial plans. Staff however, recommends that the building on Parcel D, adjacent to Roxford Street, be oriented to the public street instead of the proposed private street. No conceptual landscape plans were submitted. General Plan: A General Plan Amendment requests from Very Low I Residential to Low Residential will accommodate the proposed project of 4 dwelling units on the project site. The following reasons lead staff to believe that the site is suitable for changed to the requested plan category.

• The proposal would provide additional housing opportunities to City residents. • Land Use Pattern created by the proposed amendment will provide a logical form with

other areas of Low Density Residential. The requested amendment will allow a transition to lower single family density to the northwest properties zoned RE9 and RA.

• Roxford Street is designated a Major Highway Class II that should accommodate increase densities and still be consistent with the design guidelines of the Sylmar community plan. (Note: Implementation with proposed Q conditions include these requirements.)

Additionally, City Planning Staff in the “New Community Plan Program for the Sylmar Community” has completed the land use recommendations and is currently in the process of developing policy recommendations. The three year revision process is in the end of the last year of the program. In discussions with the Community Planning Staff, it was noted that the recommendations have been received from the stakeholders involved (Council Office, Neighborhood Councils, homeowners groups, etc…). The next steps will include the public workshops to introduce the aforementioned recommendations, then the public hearing process before the Area Planning Commission and City Planning Commission and City Council. The land use recommendation for the subject property includes a plan amendment to the Low Density Residential designation, as other sections of Roxford Street will be subject to similar changes (see Exhibit D). Zoning: The zone change request to RS for the approximate one acre parcel would potentially allow up to an additional 5 dwelling units in comparison to proposed development of 4 dwelling units.

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The applicant’s zone change corresponds with the proposed general plan amendment request. Further, the request is consistent with the development and zone pattern to the southwest. Issues As noted under the Public Hearing section of this report on page P-1, an opposition letter was received from the Land Use Committee of the Sylmar Neighborhood Council. The opponent is concerned with the lack of their committee’s review of the project. Further, they note that there is no benefit to the community or justification for the entitlements. One favorable communication received, had concerns with construction related noise, emissions and dust which staff feels has been addressed with standard construction impact mitigation/conditions. Conclusion The requested General Plan Amendment and Zone Change on the subject property would create a logical land use pattern for the vicinity that is characteristic of the community plan. Staff recommends that these applications be approved as the subject entitlements are also consistent land use recommendations with the New Community Plan Program for the Sylmar Community.

CPC-2006-10312-GPA-ZC 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. Development Conditions:

1. Use. The property shall be limited to the use and area provisions of the RS-1-K Zone. 2. Density. No more than 4 dwelling units shall be developed on the subject property. 3. Parking: The residential portion of the project shall provide in accordance with the Los

Angeles Municipal Code. 4. Plan: The use and development of the property shall be in substantial conformance with

Plot Plan Exhibit "B1", dated December 18, 2008 submitted with the application, and the density requirements of Condition No. 2 above.

5. Orientation. The entryway for Lot D shall be oriented to Roxford Street.

6. Urban Design (Community Plan Guidelines):

a. Screening of Features

i. Screen trash storage areas from the view of public streets by solid walls or fences, not less than 6 feet high.

ii. Design wall material to be compatible with exterior building material. iii. Screen all heating, ventilation, air conditioning equipment and ducts and other

equipment or appurtenances located on roofs from the view from any adjoining public street, unless such appurtenances are used as integral elements of the project's design.

iv. Locate and/or screen all loading areas from view of any adjoining public streets or walkways in residential or commercial zones.

b. Exterior Elevations, Wall and Fences

i. Provide full architectural treatment, similar in architectural style, materials and details with the main building facade, on all sides of buildings which are visible from adjacent lots or streets.

ii. Provide a visual break in exterior walls every 20 feet vertically or horizontally, created by an articulation or architectural detail, such as: (1) A facade that is stepped back at least 6 inches for a maximum of 20 feet. (2) Windows that are recessed at least six inches. (3) Recessed entryway(s). (4) Planters.

iii. Design freestanding walls and fences to be compatible with the architectural style, materials and detail of the principal structure.

iv. Provide an articulation or architectural detail in a solid wall facing the street every 20 feet.

v. A staggered wall with indentations of at least 6 inches. vi. A rhythmic spacing of columns. vii. A series of raised planters at least 12 inches in height above grade. viii. Provide as a buffer a solid, decorative masonry wall, 6 feet in height as

measured from grade, as a buffer between any commercial developments

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located on a lot which abuts a residentially zoned lot or a lot on which a residential use is located.

c. Graffiti

i. Minimize places for graffiti by planting shrubs or surface clinging vines in front of solid fences and walls (excluding building walls) facing public rights-of-way.

ii. Minimize places for graffiti by utilizing fences made of wrought iron or wood picket rather than solid walls, unless other-wise required.

iii. Paint solid walls or fence surfaces accessible to public view with a washable "Graffiti-Proof paint or other protective materials.

d. Single Family Residential.

i. Provide building plans that include a landscaping plan. ii. Minimize the width of the paving in front yards for driveway and garage access

as per Section 12.21 A5 (f) of the Los Angeles Munici-pal Code.

e. Establish streetscape improvements along the following corridors: i. Roxford Street from Sepulveda Boulevard to Foothill Boulevard.

B. Environmental Conditions:

1. Aesthetics (Landscaping). All open areas not used for buildings, driveways, parking areas, recreational facilities or walkways 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 Planning Department.

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

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

3. Aesthetics (Glare). The exterior of the proposed building shall be constructed of materials such as high-performance tinted non-reflective glass and pre-cast concrete or fabricated wall surfaces.

4. Air Pollution (Stationary). The applicant shall install air filters capable of achieving a

Minimum Efficiency Rating Value (MERV) of at least 8 or better in order to reduce the effects of diminished air quality on the occupants of the project.

5. Tree Removal (Locally Protected Species).

a. Prior to the issuance of a grading permit or building permit, the applicant shall submit a tree report and landscape plan prepared by a Municipal Code designated tree expert as designated by LAMC Ordinance No. 153,478, for approval by the decision maker and the Urban Forestry Division of the Bureau of Street Services.

b. A minimum of two trees (a minimum of 48-inch box in size if applicable) shall be planted for each one that is removed. The canopy of the trees planted shall be in proportion to the canopies of the trees removed by Ordinance No. 153,478, and to the satisfaction of the Urban Forestry Division of the Bureau of Street Services and the decision maker.

c. Note: All protected tree removals shall be approved by the Board of Public Works. Contact Urban Forestry Division at: 213-485-5675.

d. This project shall install “orange fencing” ideally outside of the tree drip lines no less than three-(3) to five-(5) feet from the approved grading area and “haul road” to define the limits of construction and protect trees, rock outcroppings or other similar natural features from the effects of the grading equipment. The chainlink fencing

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shall be maintained as a barrier from the approved grading activities during the project’s entire grading phase.

6. Tree Removal (Non-Protected Trees):

a. 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.

b. 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.

c. 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 213-485-5675.

7. Bonding (Protected Tree Survival): The applicant shall post a cash bond or other assurances acceptable to the Bureau of Engineering in consultation with the Street Tree Division and the decision maker guaranteeing the survival of trees required to be maintained, replaced or relocated in such a fashion as to assure the existence of continuously living trees for a minimum of three years from the date that the bond is posted or from the date such trees are replaced or relocated, whichever is longer. Any change of ownership shall require that the new owner post a new oak tree bond to the satisfaction of the Bureau of Engineering. Subsequently, the original owner=s oak tree bond may be exonerated. The City Engineer shall use the provisions of Section 17.08 as its procedural guide in satisfaction of said bond requirements and processing. Prior to exoneration of the bond, the owner of the property shall provide evidence satisfactory to the City Engineer and Street Tree Division that the oak trees were properly replaced, the date of the replacement and the survival of the replacement trees for a period of three years.

8. 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.

9. Erosion/Grading/Short-Term construction Impacts:

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.

b. 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.

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 excessive amount of dust.

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e. 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.

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

Noise g. 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.

h. 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.

i. Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels.

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

k. 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.

General Construction

l. 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.

m. 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.

n. 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.

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

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

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

r. 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.

10. Explosion/Release (Asbestos Containing Materials).

a. 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.

b. Prior to the issuance of any demolition permit, 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 OHSA regulations.

11. Single Family Dwelling (10+ Home Subdivision/Multi Family):

a. Project applicants are required to implement stormwater BMPs to retain or treat the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The

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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. Concentrate or cluster development on portions of a site while leaving the remaining land in a natural undisturbed condition.

d. Limit clearing and grading of native vegetation at the project site to the minimum needed to build lots, allow access, and provide fire protection.

e. 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.

f. Preserve riparian areas and wetlands. g. Any connection to the sanitary sewer must have authorization from the Bureau of

Sanitation. h. 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.

i. 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.

j. Guest parking lots constitute a significant portion of the impervious land coverage. To reduce the quantity of runoff, parking lots can be designed one of two ways. i. Hybrid Lot - parking stalls utilize permeable materials, such as crushed

aggregate, aisles are constructed of conventional materials such as asphalt. ii. Parking Grove - is a variation on the permeable stall design, a grid of trees and

bollards are added to delineate parking stalls. This design presents an attractive open space when cars are absent, and shade when cars are present.

k. Promote natural vegetation by using parking lot islands and other landscaped areas. l. 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 Department of Public Works, Stormwater Management Division.

m. Promote natural vegetation by using parking islands and other landscaped areas. n. 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.

o. 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.

p. Legibility of stencils and signs must be maintained. q. 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.

r. The storage area must be paved and sufficiently impervious to contain leaks and spills.

s. The storage area must have a roof or awning to minimize collection of stormwater within the secondary containment area.

t. 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.

u. Runoff from hillside areas can be collected in a vegetative swale, wet pond, or extended detention basin, before it reaches the storm drain system.

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v. Cut and fill sloped in designated hillside areas shall be planted and irrigated to prevent erosion, reduce run-off velocities and to provide long-term stabilization of soil. Plant materials include: grass, shrubs, vines, ground covers, and trees.

w. Incorporate appropriate erosion control and drainage devices, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code. Protect outlets of culverts, conduits or channels from erosion by discharge velocities by installing rock outlet protection. Rock outlet protection is a physical devise composed of rock, grouted riprap, or concrete rubble placed at the outlet of a pipe. Install sediment traps below the pipe-outlet. Inspect, repair and maintain the outlet protection after each significant rain.

x. 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.

12. Projects Located within or Directly Adjacent to or Discharging Directly to an

Environmentally Sensitive Area. Environmental impacts in the form of increased pollutant runoff, may result from operation of this proposed project next to an environmentally sensitive area as defined by the Los Angeles County Department of Regional Planning, State Water Resources Control Board, and the California Department of Fish & Game. However, the potential impacts will be 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 the SUSMP 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. Concentrate or cluster development on portions of a site while leaving the remaining land in a natural undisturbed condition.

d. Limit clearing and grading of native vegetation at the project site to the minimum needed to build lots, allow access, and provide fire protection.

e. 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.

f. Promote natural vegetation by using parking lot islands and other landscaped areas. g. Preserve riparian areas and wetlands. h. 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.

13. Land Use.

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a. The applicant shall comply with mitigation measures required by this Mitigated Negative Declaration (MND) associated with this environmental analysis.

b. The private street shall be located along the northeast property line to help preserve the Sycamore trees and to maintain code required distance of residential from the northeast adjoining RA-1-K zoned horsekeeping property.

14. 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 recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: 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.

15. Public Services (Police General). Incorporate into the plans the design guidelines

relative to security in semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. 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.

16. 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.

17. Public Services (Street Improvements Not Required by DOT): The project shall

comply with the Bureau of Engineering’s requirements for street dedications and improvements that will reduce traffic impacts in direct portion to those caused by the proposed project’s implementation.

18. Recreation (Increase Demand for Parks or Recreational Facilities). Per Section 17.

12-A of the LA 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.

19. Safety Hazards. The applicant shall submit a parking and driveway plan that

incorporates design features that reduce accidents, to the Bureau of Engineering and the Department of Transportation for approval.

C. Administrative Conditions:

1. 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.

2. Code Compliance. Area, height and use regulations of the RS-1-K zone classification

of the subject property shall be complied with, except where herein conditions are more

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restrictive. 3. 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 assign. 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 shall be provided to the Planning Department for attachment to the file.

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

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

5. 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.

6. Building Plans. Page 1 of the grants 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.

7. 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.

8. 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, or lot coverage, shall require a referral of the revised plans back to the 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.

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CONDITIONS FOR EFFECTUATING (T) OR [T] TENTATIVE CLASSIFICATION REMOVAL

Pursuant to Section 12.32 G of the Municipal Code, the (T) or [T] Tentative Classification shall be removed by the recordation of a final parcel or tract map or by posting of guarantees through the B-permit process of the City Engineer to secure the following without expense to the City of Los Angeles, with copies of any approval or guarantees provided to the Department of City Planning for attachment to the subject planning case file. 1. Dedication(s) and Improvement(s). 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), the following:

A. 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 Planning Department, the applicant/developer shall provide written verification to the Planning Department 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 project design required by a public agency shall be documented in writing and submitted for review by the Planning Department.

2. Construction of necessary sewer facilities to the satisfaction of the Bureau of Engineering.

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

3. Construction of necessary drainage facilities to the satisfaction of the Bureau of

Engineering. 4. Construction of tree wells and planting of street trees and parkway landscaping to the

satisfaction of the Street Tree Division of the Bureau of Street Maintenance. 5. Preparation of a parking area and driveway plan to the satisfaction of the appropriate Valley

District Office of the Bureau of Engineering and the Department of Transportation. A parking area and driveway plan shall be prepared for approval by the appropriate district office of the Bureau of Engineering and the Department of Transportation. The driveway, parking and loading area(s) shall be developed substantially in conformance with the Exhibit "B1", dated December 18, 2008 of the administrative file as to their location and access, but may be modified in order to comply with provisions and conditions of the subject Department of Transportation authorization. Emergency vehicular access shall be subject to the approval of the Fire Department and other responsible agencies.

6. Installation of street lights to the satisfaction of the Bureau of Street Lighting.

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7. That street lighting modifications be required at an intersection if there are improvements by the Department of Transportation (also for off site improvements).

8. Preparation of a plot plan to the satisfaction of the Fire Department. 9. Making any necessary arrangements with the appropriate cable television franchise holder

to assure that cable television facilities will be installed in City rights of way in the same manner as is required of other facilities, pursuant to Municipal Code Section 17.05N, to the satisfaction of the Department of Telecommunications.

10. Police Department: Preparation of a plot plan in conformance with the Design Out Crime

Guideline Booklet and guidelines defined in the Crime Prevention Through Environmental Design (CPTED) handbook to mitigate impacts on police services. Police recommendations may include but are not limited to secured parking, security fencing, security lighting, information signs, building design and landscaping to reduce places of potential concealment. The plans shall be to the satisfaction of LAPD Crime Prevention Section Personnel.

11. Notice: Prior to issuance of a clearance letter by the Bureau of Engineering, all engineering

fees pertaining to Ordinance No. 176,077 adopted by the City Council, must be paid in full at the Development Services Division office.

12. Notice: Certificates of Occupancy for the subject property will not be issued by the City until

the construction of all the public improvements (streets, sewers, storm drains, etc.), as required herein, are completed to the satisfaction of the City Engineer.

13. 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.

14. Recreation and Parks Dedication. Per Section 12.33 of the Los Angeles Municipal Code,

the applicant shall dedicate land for park or recreational purposes or pay the applicable Quimby fees for the construction of condominiums, or Recreation and Park fees for construction of apartment buildings.

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FINDINGS A. General Plan/Charter Findings

1. General Plan Land Use Designation. The subject property is located within the Sylmar Community Plan, updated and adopted by the City Council on August 8, 1997. The existing plan designates the property as Very Low I Residential (RE20, and RA). The proposed plan amendment would designate the subject property as Low Residential with corresponding zones of RE9, RS, R1 and RD6. The zone change request IS CONSISTENT with the proposed land use designation as initiated by the Director of Planning and IS in substantial conformance with the purposes, intent and provisions of the General Plan.

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

land use goals, objectives, policies and programs:

Goal 1. A SAFE, SECURE, AND HIGH QUALITY RESIDENTIAL ENVIRONMENT FOR ALL ECONOMIC, AGE, AND ETHNIC SEGMENTS OF THE COMMUNITY.

Objective 1-1: To provide for the preservation of existing and the development of new

housing to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010.

Policies: 1-1.1 Designate lands for single and multi-family residential development. Program: The Plan Map identifies specific areas where single-family and multi-family residential development is permitted. 1-1.2 Protect existing single family residential neighborhoods from encroachment by higher density residential and other incompatible uses. Program: The Plan Map identifies areas where only single-family residential development is permitted; it protects these areas from encroachment by designating, where appropriate, transitional residential densities which serve as buffers. 1-1.3 The City shall ensure that parcel maps and subdivisions for residential projects within neighborhoods having a predominance of horsekeeping properties classified in the Equinekeeping District” shall be developed consistent with intent and purpose of the “K” District. Program: Implementation of the Community Plan Map which designates areas to be developed as low density, single-family residential areas which are within horsekeeping “K Districts. 1-1.6 Require that new single and multi-family residential development be designed in accordance with the Design Guidelines in Chapter V. Program: The Plan includes an Urban Design Chapter which outlines Design Standards for residential development that are mandatory for discretionary projects and advisory for nondiscretionary projects.

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The requested plan designation will meet the above goal, policies, and objectives of the Sylmar Community Plan. The Low Residential designation will continue a logical land use pattern with the existing land use pattern established by the plan and subsequent amendments. The proposed units will be developed in the context of single family residential units which will appear to be “in-fill” development in connection to the remaining corner northwest of Herrick and Roxford Streets. The overall single family residential development would be consistent Plan objectives by providing a transition from Roxford Street, a Major Highway, to the RE9 and RA more restrictive zones to the northwest. The "K" designation would be maintained on the property as a means of recognizing that the area is an equestrian district and property owners should understand that the presence of horses and their related activities is an accepted activity in the area. The change in land use will allow one to purchase property in an equine district and not be required to purchase a large parcel to enjoy the character of an equine district. Compliance with the Design Guidelines is required as a part of the Q conditions of approval for the project.

B. Zone Change, L.A.M.C. Sec. 12.32.F: The requested zone change is in conformance with the public necessity, convenience, general welfare or good zoning practice in that: Pursuant to Section 12.32 F of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice. The requested (T)RS-1-K zone is consistent with the initiated general plan amendment to the Low Density Residential Plan Land Use designation. 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. The project will further provide the neighborhood with housing units which will facilitate the public necessity for a range of additional housing through the next decades. Providing these residential units at this location satisfies the Community by providing housing choices including new opportunities for individual choice while enhancing the residential quality and stock in the immediate community.

C. CEQA Findings

Environmental. A Mitigated Negative Declaration (ENV 2006-8988-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 decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. The subject environmental clearance has been corrected to eliminate redundant language.

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PUBLIC HEARING AND COMMUNICATIONS Public Hearing The public hearing was held at the Marvin Braude Constituent Service Center on October 6, 2008. Approximately 6 people attended the public hearing, including the applicant, his representative, a representative of the Council Office, a member of the Sylmar Neighborhood Council, and a neighboring homeowner. Communications Received One letter was received at the public hearing from the Sylmar Neighborhood Council which recommended denial of the subject project and request. Within the Committee, there is debate between the vicinity retaining single family development with horsekeeping and conversely without. No presentation has been made to the Neighborhood Council as to benefits to the community or justification for the entitlements had been represented. One email communication was received which was in favor of the project, however, had concerns with construction related noise, emissions and dust. Summary of Public Hearing Testimony The applicant’s representative described the project and entitlements. The general plan amendment and zone change were discussed with the Planning Department’s Community Planning Staff for their advice on proposed land use recommendations in connection with the New Community Plan Program for the Sylmar Community. The five single family dwelling lots will coexist with the neighboring properties. He further noted that here is no animal keeping on adjacent properties that include equines. Two supporters of the application noted the following:

• The current site development is an eyesore and development of the property will benefit the neighborhood.

• The proposed project of 5 dwelling units will be appropriate with the existing single family development to the north and west. The project will be consistent with the approximately 42 homes next door.

• One speaker described a 5 unit project that was discussed early in the process. One person opposing the requested entitlements and project who represented the Sylmar Neighborhood Council noted that there had been no presentation made before their neighborhood council group and recommended disapproval of the project. A representative of Council District No. 7 indicated the following points:

• The developer had been working with the community for 2 years to reach consenus with the community members. This began sometime prior to the New Community Planning Program for Sylmar.

• Consultation with the Sylmar Neighborhood Council Land use committee would be helpful.

At the conclusion of the public hearing, the Hearing Officer recommended following:

• Coordination and review by the Sylmar Neighborhood Council should take place prior to the City Planning Commission meeting and that written disposition of the SNC should be transmitted to the hearing officer. No follow-up correspondence was submitted.

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• If a 5 unit project is desired, then further environmental analysis and a “Tentative Tract Map” process is needed to be file in lieu of the Parcel Map case. Moreover, other procedural modifications will be needed to process the requests. The later applicant noted that they will not pursue the 5th unit.