Department of City Planning Appeal Recommendation Report
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DEPARTMENT OF CITY PLANNING APPEAL RECOMMENDATION REPORT Harbor Case No.: VTT-82249-SL Area Planning Commission CEQA No.: ENV-2018-4435-CE Council No.: 15 – Joe Buscaino Plan Area: Harbor Gateway Date: September 3, 2019 Certified NC: Harbor Gateway South Time: After 4:30 P.M. GPLU: Medium Residential, Light Place: Harbor Gateway Public Library Manufacturing, Limited 24000 South Western Avenue, Meeting Room Manufacturing Harbor City, CA 90710 Zone: R3-1, M2-1, M1-1 Public Hearing: May 8, 2019 Appeal Status: City Council Applicant: Richard Gaunt Jr. Expiration Date: September 5, 2019 The Gaunt Family Trust Representative: Larry Carr Storm Properties, Inc. Appellant: Mercedes McLane PROJECT 1600 Plaza del Amo; APN’s: 7347009800; 7347011800; 7347012BRK LOCATION: PROPOSED To subdivide three (3) lots, totaling 92,158 square-feet into forty-one (41) lots, of which thirty- PROJECT: nine (39) will be for the construction, use and maintenance of thirty-nine (39) small-lot single- family dwellings in the R3-1 zone, and two remainder lots. One of the remaining lots is zoned M1-1 and the other is zoned M2-1 and will not be developed as a part of this subdivision. New lots will range in size from 1,853 square feet to 4,104 square feet. All units will be two stories in height with two covered parking spaces per lot. The project will also include 10 guest parking spaces. The site is currently undeveloped with no on-site trees. REQUESTED ACTION: Appeal of the entire Advisory Agency’s Determination of the following: 1. The proposed project is exempt from CEQA pursuant to State CEQA Guidelines, Article 19, Section 15332 (Infill Development), and that there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 2. Approve a Tentative Tract map to subdivide three (3) lots, totaling 92,158 square-feet into forty-one (41) lots, of which thirty-nine (39) lots will be for the construction, use and maintenance of thirty-nine (39) small-lot single-family dwellings in the R3-1 zone, and two remainder lots, as shown on map stamp-dated May 15, 2019. RECOMMENDED ACTIONS: 1. DETERMINE that based on the whole of the administrative record, Case No. ENV-2018-4435- CE, the Project is exempt from CEQA pursuant to CEQA Guidelines, Article 19, Section 15332 (Infill Development Projects), and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. 2. DENY the appeal. 3. SUSTAIN the Deputy Advisory Agency’s determination to approve Vesting Tentative Tract Map No. VTT-82249-SL. VTT-82249-SL TABLE OF CONTENTS Project Analysis ........................................................................................................ A-1 Background Public Hearing and Communication Appeal Points and Responses Exhibits: A – Appeal Application B – Vesting Tentative Tract No. VTT-82249-SL C – Advisory Agency Reports D – Justification for Categorical Exemption E – Plotted Title Report - Easements F – County of Los Angeles Fire Department Site Mitigation Unit Letter G – Shell Pipeline Company Permission Letter H - Will Serve Letters (Sewer Availability, LADWP , Gas, Storm Drainage, Charter Cable, AT&T Phone) VTT-82249-SL A-1 PROJECT ANALYSIS Background The subject site is located at 1600 Plaza del Amo that consists of three lots that is approximately 92,158 square feet in size. The site is zoned R3-1, M1-1, and M2-1, and is designated by the Harbor Gateway Community Plan with Medium Residential, Light Manufacturing, and Limited Manufacturing land uses. The site is a former railroad right-of-way down the center of Plaza del Amo, dividing the street in half, with an approximate right-of-way width of 40 feet north of the subject property and an approximate right-of-way width of 40 feet south of the subject property. The site has two frontages along Plaza del Amo, each measuring approximately 2,960 feet, and frontage along the eastern side of Western Avenue measuring approximately 32 feet. The site crosses Harvard Boulevard, Denker Avenue, and Halldale Avenue. The proposed project is to subdivide three (3) lots, totaling 92,158 square-feet into forty-one (41) lots, of which thirty-nine (39) will be for the construction, use and maintenance of thirty-nine (39) small-lot single-family dwellings in the R3-1 zone, and two remainder lots. All units will be two stories in height with two covered parking spaces per lot and 10 guest parking spaces for the overall development. Homes are oriented with garages and vehicular access from Plaza del Amo north and residential front doors along Plaza del Amo south. The development of this tract is an infill of a mix-density multiple-family residential neighborhood. Properties to the north across Plaza del Amo are zoned C2-1, RD2-1, RD1.5-1 and [Q]RD1.5-1 and developed with one and two-story commercial structures, and a mix of one and two-story single-family and multi-family dwellings. The properties adjacent to the east are zoned MR1-1VL and M2-1 and are developed with industrial uses. Properties to the south across Plaza del Amo are zoned MR1-1VL, RD1.5-1 and [T][Q]RD1.5-1 and developed with one and two-story commercial structures, and a mix of one and two-story single-family and multi-family dwellings. Properties to the west across Western Avenue are located outside of the City of Los Angeles jurisdiction. Public Hearing and Communications A public hearing was held by the Advisory Agency on May 8, 2019 at 9:30 a.m. in Room 1070, 200 North Spring Street, Los Angeles, CA 90012. The applicant presented the project and answered questions from the Advisory Agency. Three people spoke in opposition to the project citing concerns of traffic, density, environmental contamination, and the inability to turn vehicles around across the private property. Four people spoke in favor of the project including a representative for Council District 15, and supported the project based on the remediation of illegal dumping, increased circulation with the extension of Plaza del Amo to 227th Street and allowing Denker Avenue to cross Plaza del Amo, increased housing stock, and the addition of street parking on the east end of Plaza del Amo. Nine letters were submitted (via email), expressing support for the project knowing the site would no longer be the subject of complaints for graffiti, illegal dumping, illegal parking, or car racing. Among these letters included one from LAPD Senior Lead Officer Adriana Bravo who echoed these sentiments and also expressed support of the current owners for their responsiveness to the needs of the community. VTT-82249-SL A-2 Five letters in opposition to the project were submitted citing concerns of density, the petroleum pipeline within the area, the undeveloped remainder lots, circulation, traffic, parking, hazardous materials, infrastructure, and green space. Appeal Points and Responses On July 19, 2019 the Advisory Agency issued a Determination for the subdivision of three (3) lots, totaling 92,158 square-feet into forty-one (41) lots, of which thirty-nine (39) will be for the construction, use and maintenance of thirty-nine (39) small-lot single-family dwellings in the R3- 1 zone, and two remainder lots. On July 29, 2019, an appeal was files by Mercedes McLane. The following statements are from the appeal findings submitted by the appellant. The appeal is attached for reference (See Exhibit A). Appeal Point No. 1 The department erred in judgment granting the project a Categorical Exemption. An EIR is needed to address significant Project impacts in areas including a petroleum pipeline on the parcel, hazards and hazardous substances on site especially related to the installation of infrastructure, lack of public services, and public easements across the parcel. Staff Response No. 1 As a small lot development, and a project which is characterized as an infill development, the project qualifies for the Class 32 Categorical Exemption. As provided in Exhibit E (Justification for Categorical Exemption), in accordance with the provisions of Section 17.03 and Section 12.22.C.27 of the Los Angeles Municipal Code (LAMC), the Advisory Agency determined based on the whole of the administrative record that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, Article 19, Section 15332 (Infill Development) and that there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. The Appellant contends that a petroleum pipeline is located on the subject property. The pipeline is currently on the public right-of-way, and no buildings will be constructed above it. As part of the project, the applicant will dedicate 4-feet for public right-of-way and the creation of a sidewalk. The pipeline will remain below the public right-of-way. The land was excavated and the pipeline surveyed, and the applicant has a permission letter from Shell Oil stating there is no objection to the location of the project or proposed construction. (See Exhibit G). The Los Angeles County Fire Department Site Mitigation Unit has reviewed and approved a soil management plan provided by the applicant’s consultant, Roux Associates Inc. The department further concurs with the consultant that the known site contamination has been satisfactorily assessed and mitigated for residential site use under the condition that the approved soil management plan be implemented at the site during future grading activities and that methane barriers be installed beneath all future residential structures. (See Exhibit F). The Vesting Tentative Tract Map was distributed to all City agencies for comment and their respective conditions of approval are included as a part of the Letter of Determination issued by the Advisory Agency.