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. It is required these conditions be addressed prior to the issuance of any certificate of occupancy and many, prior to the recordation of the final map. The conditions of approval should not to be confused for mitigation measures. No mitigation measures have been imposed on the subject project. The applicant further provided “Will-Serve” letters from all public utilities confirming their ability to service the proposed small-lot homes. (See Exhibit H).
VTT-82249-SL A-3
The Appellant further expressed concern over public easements that cross the subject parcel. The only public easements that cross the subject site are utility easements at the far east end in lot 41 (M-Zone lot). These easements do not affect the residential portion of the small lot subdivision as none of the small lot homes or their associated uses are located on either of the M-zoned remainder lots. (See Exhibits B and E).
Appeal Point No. 2
The information provided to the city/L.A. Planning Committee regarding the Harbor Gateway South Neighborhood Council's position, and the presentations before the board in this case was inaccurate. Harbor Gateway stakeholders detrimentally relied on inaccurate and incomplete presentations and information provided by applicants.
Staff Response No. 2
The applicant’s team gave a formal presentation to the Harbor Gateway South Neighborhood Council on March 24, 2019, two months prior to the Advisory Agency public hearing. All documents required to file a subdivision case as required by LAMC Sections 17.00, 17.06, and 17.15, and Small Lot Ordinance 185,462 were submitted prior to the public hearing held on May 8, 2019. Additional environmental documents, including initial testing for soils and borings findings (Both South Coast Air Quality Management District and Occupational Safety and Health Administration were involved), vapor analysis, work plan, methane report, approval letter from Shell Oil, and a letter from the Los Angeles County Fire Department Site Mitigation Unit, approving the Soil Management Plan, were requested by the Advisory Agency at the public hearing. All additional information provided by the applicant was taken into consideration and added to the case file on May 15, 2019, two months prior to the Advisory Agency issuing its determination on the subject case on July 19, 2019. A formal position from the Neighborhood Council dated May 9, 2019, in opposition to the project, was received by planning staff on May 19, 2019. Case files are available for public viewing by appointment at the Department of City Planning.
Appeal Point No. 3
This project is discretionary, not by right. This project will have significant and cumulative impacts. Given all the unmitigated environmental impacts and the inadequate study, the required land use findings cannot be made and are not supported by substantial evidence.
Staff Response No. 3
The local government is granted authority to approve subdivisions under the State Subdivision Map Act, Sections 66410 to 66499.58, inclusive, of the California State Government Code. The Land Use Element of the General Plan consists of the 35 Community Plans within the City of Los Angeles. The Community Plans establish goals, objectives, and policies for future developments at a neighborhood level. Additionally, through the Land Use Map, the Community Plan designates parcels with a land use designation and a range of corresponding zones. The Land Use Element is further implemented through the Los Angeles Municipal Code (LAMC), which regulates the maximum permitted density, height, parking, and the subdivision of land.
The subdivision of land is regulated pursuant to Article 7 of the LAMC. Specifically, Section 17.05 C requires that the vesting tentative tract map be designed in compliance with the zoning regulations applicable to the project site. The project site is located within the Harbor Gateway Community Plan, which designates the site with Medium Residential, Limited Manufacturing, and Light Manufacturing land use designations. The Medium land use designation lists the R3
VTT-82249-SL A-4 as the corresponding zone. Limited Manufacturing has corresponding zones of M1, and MR1. The Light Manufacturing land use designation has corresponding zones of M2 and MR2. The Project Site is zoned R3-1, M1-1, and M2-1, which is consistent with the land use designation. Pursuant to Small Lot Ordinance 185,462 Small Lot subdivisions are permitted within the R3 Zone. All proposed Small Lot homes are located within the R3 Zoned portion of the site.
The project site has approximately 92,158 square feet of lot area, 4,105 square-feet of which is located in the M1 Zone and 3,487 square-feet is located in the M2 zone, and these properties will not be developed with residential uses. Lots 1 and 41 are remainder lots reserved for an undetermined future use; and lots 2 through 40 are for single-family homes. The remaining 84,566 square-feet in the R-3 zone would potentially allow a maximum density of 106 dwelling units. As shown on the tract map, the Project proposes to subdivide the site into 41 lots for the construction, use, and maintenance of 39 single-family small lot homes, pursuant to LAMC Section 12.22 C,27, which is less than half the density permitted by the zone. The subdivision includes splitting the property into two, allowing Denker Avenue to continue through across Plaza del Amo. The subdivision also includes the extension of the southern half of Plaza del Amo eastward to connect to 227th Street. As such, the subdivision will increase the safe circulation of pedestrian and vehicular traffic within the vicinity.
As stated in the Justification for Categorical Exemption (See Exhibit D), the project will not result in significant impacts related to air quality because it falls below interim air threshold established by Department of City Planning (DCP). Interim thresholds were developed by DCP based on CalEEMod model runs relying on reasonable assumptions, consulting with AQMD staff, and surveying published air quality studies for which criteria air pollutants did not exceed the established SCAQMD construction and operational thresholds. There are no other vacant parcels within 1,000-feet of the property. Previously approved multi-unit developments in the area were spread out over 16 years and only half of them allow opportunity for single-family home ownership. There are no known significant impacts with the accumulation of these developments. As such, the addition of these 39 small-lot homes will not significantly impact the area. The proposed development will enhance vehicular and pedestrian circulation within the neighborhood by allowing Denker Avenue to cross Plaza del Amo and extending Plaza del Amo east to connect with 227th Street. Therefore, no foreseeable cumulative impacts from small-lot developments are expected.
The site is not in a wildland area, and is not inhabited by endangered, rare, or threatened species. Thus, there are no unusual circumstances that may lead to a significant effect on the environment. Concerns of LID Stormwater collection, ADA access and street design are beyond the scope of a subdivision review and determination, and would occur later in the plan check process.
Conclusion Staff recommends the Harbor Area Commission deny the appeal and sustain the Determination by the Advisory Agency in approving Vesting Tentative Tract Map VTT-82249-SL, and determine that 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 proposed map is consistent with all applicable provisions of the Subdivision Map Act, General Plan, Los Angeles Municipal Code, and Small Lot Ordinance. The appellant did not provide substantial evidence to show that the Advisory Agency erred in approving Vesting Tentative Tract Map No. VTT-82249-SL.
VTT-82249-SL-1A
EXHIBIT A APPEAL APPLICATION
VTT-82249-SL-1A
VTT-82249-SL-1A
EXHIBIT B VESTING TENTATIVE TRACT NO. VTT-82249-SL
VTT-82249-SL-1A
VTT-82249-SL-1A
EXHIBIT C ADVISORY AGENCY REPORTS
VTT-82249-SL-1A DEPARTMENT OF RECREATION MICHAEL A. SHULL AND PARKS CITY OF LOS ANGELES GENERAL MANAGER CALIFORNIA BOARD OF COMMISSIONERS ANTHONY-PAUL (AP) DIAZ, ESQ. EXECUTIVE OFFICER & SYLVIA PATSAOURAS CHIEF OF STAFF PRESIDENT RAMON BARAJAS LYNN ALVAREZ ASSISTANT GENERAL MANAGER VICE PRESIDENT VICKI ISRAEL MELBA CULPEPPER ASSISTANT GENERAL MANAGER
PILAR DIAZ JOSEPH HALPERT SOPHIA PIÑA-CORTEZ ASSISTANT GENERAL MANAGER IRIS L. DAVIS ERIC GARCETTI BOARD SECRETARY (213) 202-2640 MAYOR (213) 202-2633, FAX (213) 202-2614
Letter sent via email to: [email protected]
December 7, 2018
Alan Como, Deputy Advisory Agency 200 N. Spring Street, 7th Floor Los Angeles, CA 90012
DEPARTMENT OF RECREATION AND PARKS REPORT AND RECOMMENDATIONS RELATIVE TO VTT-82249
Dear Mr. Como:
The City of Los Angeles Department of Recreation and Parks (RAP) has prepared the following report and recommendations in response to your request for comments relative to VTT-82249, a proposed development project described as a subdivision containing thirty-nine (39) new residential dwelling units located at APNS 7347-009-800, 7347-011-800, 7347-012-802, 7347-012-801.
RAP’s report and recommendation(s) regarding VTT-82249 are as follows:
General Comments: The applicant is requesting approval of VTT-82249, a residential subdivision. Los Angeles Municipal Code (LAMC) 12.33 requires most residential projects that create new dwelling units or joint living and work quarters to dedicate land or pay a fee for the purpose of developing park and recreational facilities and LAMC 19.17 specifies how those fees are to be calculated.
Effective January 11, 2017, RAP is responsible for calculating the required park fees owed by each residential development project, including subdivision projects, pursuant to LAMC 12.33, and issuing the fee calculation letters to applicants.
221 N. FIGUEROA STREET, SUITE 350, LOS ANGELES CA 90012 – www.LAPARKS.ORG PARK PROUD LA
VTT-82249 RAP Report and Recommendations December 7, 2018 Page 2
RAP Recommendation: The applicant is requesting approval of a subdivision that will contain residential dwelling units. Therefore, pursuant to Los Angeles Municipal Code sections 12.33.E and 19.17, RAP recommends the following be added as a condition of the approval of VTT-82249:
That the Park Fee paid to the Department of Recreation and Parks be calculated as a Subdivision (Quimby in-lieu) fee.
Thank you for the opportunity to provide information relative to recreation and park issues related to this proposed project. Please provide the RAP contact listed below with any and all agendas, notices, and staff reports for the Advisory Agency actions and/or hearings related to this application.
If you have any questions or comments regarding this information please feel free to contact Melinda Gejer, of my staff, at (213) 202-2657, at your convenience.
Sincerely,
RAMON BARAJAS Assistant General Manager
CATHIE SANTO DOMINGO Superintendent
RB/CSD:ln cc: The Gaunt Family Trust; Richard Gaunt Jr., 2812 W. 232nd Street; Torrance, CA 90505 Reading File