DEPARTMENT OF CITY PLANNING APPEAL RECOMMENDATION REPORT
South Valley Area Planning Commission
Date: December 10, 2020 Case No.: DIR-2020-1859-SPP-1A Time: After 4:30pm CEQA No.: ENV-2020-1860-CE Place: Virtual Meeting Incidental Cases: None Related Cases: None
Public Hearing: Required Council No.: 2 - Krekorian Appeal Status: Not further appealable Plan Area: Sherman Oaks-Studio City- Expiration Date: December 28, 2020 Toluca Lake-Cahuenga Multiple Approval: No Pass Specific Plan: Ventura/Cahuenga Boulevard Corridor Specific Plan, River Improvement Overlay Certified NC: Studio City GPLU: Neighborhood Office Commercial Zone: C1.5-1VL-RIO Applicant: Steve Yaymayan Representative: Nareg Khodadadi Appellant: Margaret Kurkian
PROJECT 12614 – 12618 W. Ventura Boulevard and APN # 2384022028 LOCATION: (Project Address: 12616 W. Ventura Boulevard, Suite A)
PROPOSED A request for a Project Permit Compliance Review for a change of use and remodel of an PROJECT: existing 1,300 square foot retail space to a restaurant use which results in a parking deficiency of six parking spaces, on a 19,016 square foot lot. The owner/applicant have opted to pay the in-lieu monthly parking deficiency fee for six spaces pursuant to Section 7.F.2 of the Ventura/Cahuenga Boulevard Corridor Specific Plan.
REQUESTED Appeal of the entire Director of Planning’s Conditional Approval of a Project Permit Compliance ACTIONS: for the project, pursuant to Los Angeles Municipal Code Section 11.5.7 C.6., and the Categorical Exemption, ENV-2020-1860-CE, as the environmental clearance for the project.
RECOMMENDED ACTIONS:
1. Deny the appeal of DIR-2020-1859-SPP-1A. 2. Determine that, based on the whole of the administrative record, the Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301 and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies.
3. Sustain the action of the Director of Planning in approving DIR-2020-1859-SPP and approve the Project Permit Compliance. 4. Adopt the Findings, Conditions of Approval, and “Exhibit A” of the Director of Planning.
VINCENT P. BERTONI, AICP Director of Planning
Digitally signed by Blake Lamb 11/30/2020 Blake Lamb, Principal City Planner Claudia Rodriguez, Senior City Planner
Andrew Jorgensen, City Planner Marianne King, City Planning Associate
TABLE OF CONTENTS
Project Analysis………………………………………………………………………………....A-1 Project Summary……………………………………………………………………...………A-1 Background……………………………………………………………...………….……..…..A-1 Appeal Analysis…………………………………………………………………….……..…..A-2 Conclusion……………………………………………………………………………..………A-4
Exhibits: Exhibit A: Plans Exhibit B: Appeal Application Exhibit C: Director’s Determination Exhibit D: Categorical Exemption
ADVICE TO PUBLIC: * The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 272, City Hall, 200 North Spring Street, Los Angeles, CA 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent to the Commission’s Office a week prior to the Commission’s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to the agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate. The meeting facility and its parking are wheelchair accessible. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request at least seven (7) days prior to the meeting by calling the City Planning Commission Office at (213) 9781300. DIR-2020-1859-SPP-1A A-1
PROJECT ANALYSIS
Appellate Decision Body
Pursuant to Section 11.5.7 C,6 of the Los Angeles Municipal Code (“LAMC”), appeals of Project Permit Compliance Review cases are heard by the Area Planning Commission. The appellate decision of the Area Planning Commission is final and effective as provided in Charter Section 245.
Project Summary
On September 28, 2020, the Director of Planning issued a Determination that approved the project (see Exhibit “C”) subject to Conditions of Approval for a change of use of a 1,300 square foot retail space to a restaurant, including some interior and exterior renovation, and to pay a monthly in-lieu fee for a parking deficiency of six parking spaces, on a 19,016 square foot lot.
Background
The property consists of two parcels of land, with a combined area of 19,016 square feet. The site has a street frontage of 125 feet on Ventura Boulevard and a varying lot depth of 146 feet to 160 feet. The front half of the site is level and developed with a two-story, 5,240 square foot commercial building (built in 1948), which includes an existing take-out restaurant, the vacant proposed restaurant space, and storage space on the ground floor and offices on the second floor. A total of seven surface parking spaces are located along the west side of the site. A driveway apron, drive aisle, and eight parking spaces are located in front of the site within the public right-of-way. The site plan shows one driveway from Ventura Boulevard. The rear half of the site is a steep upslope hill covered with shrubs and trees.
Per Section 7.F.1.c of the Ventura/Cahuenga Boulevard Corridor Specific Plan, restaurants require one parking space for each 100 square feet of floor area. For a commercial/retail use, one parking space for each 250 square of floor area is required. When a change of use is proposed, the required parking is the difference between the required parking for the proposed use and the required parking for the existing use. For example, 1,300 / 100 = 13 spaces for the restaurant use, minus the parking credit for the retail use 1,300 / 250 = 5.2 rounded down = 5 spaces, thus 13 - 5 = 8 required spaces. The applicant is replacing two required parking spaces with bicycle parking as permitted per LAMC 12.21 A.4, which is proposed within the subject parking lot area at the rear of the site. As there is no additional room on site for additional parking spaces, the change of use will result in six deficient parking spaces for the site. Per Section 7.F.2. of the Specific Plan, the applicant has chosen to pay an in-lieu fee of $100 per month for each deficient parking space.
The site is located in the Sherman Oaks-Studio City-Toluca Lake-Cahuenga Pass Community Plan Area and is zoned C1.5-1VL-RIO with a land use designation of Neighborhood Office Commercial. The site is also located within the designated Neighborhood and General Commercial land use area of the Ventura/Cahuenga Boulevard Corridor Specific Plan which is intended as a focal point for surrounding residential neighborhoods and to contain a diversity of land uses, such as restaurants, retail outlets, grocery stores, child care facilities, small professional offices, community meeting rooms, pharmacies, religious facilities and other similar services.
The subject south side of the boulevard has similar topography as the subject site consisting of undeveloped steep hillside at the rear with the front of the properties developed with commercial
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buildings. Likewise, the property frontages include driveway aprons, drive aisles, and surface parking, approximately 42 feet in depth, all located in the public right-of-way. The properties are zoned C1.5-1VL-RIO. The north side of Ventura Boulevard is also zoned C1.5-1VL-RIO; however, it is comprised of larger level lots and developed with larger commercial buildings.
The east adjoining property (appellant’s property) is developed with a one-story, 5,178 square foot commercial building (built in 1955) and includes a pharmacy, beauty salon, and wellness spa. The site has nine parking spaces located in front of the commercial building with the drive aisle located closer to the street frontage, and currently has one driveway from Ventura Boulevard at the east end of the site, all within the public right-of-way.
On October 13, 2020, within the required 15-day appeal period, an appeal was filed for the entire decision of the Director of Planning (see Exhibit “A”). The appellants’ appeal points are addressed below:
Appeal Statements and Staff Responses
The following is a summary of the Appellant’s appeal points and corresponding responses by staff.
A. Appeal Statement: The Appellant contends that the Director of Planning erred and abused his discretion by granting the Project Permit Compliance to permit a more intense use than previously existed, including a waiver of parking, without analyzing the environmental impact of the project on this unique site. This unique circumstance creates an exception that prohibits the City from utilizing a Categorical Exemption as the required CEQA clearance.
Staff Response: The project was issued a categorical exemption pursuant State CEQA Guidelines Section 15301. Section 15301 “Existing Facilities,” Class 1, in summary, is considered for projects that include minor alterations, involve negligible or no expansion of use, and examples include interior or exterior alterations; new signage; additions up to 2,500 square feet or 50 percent of the floor area before the addition, whichever is less; etc. Environmental review includes determining if any of the exceptions to a categorical exemption (CE) apply; if so, a Class 1 CE cannot be used. The exceptions include cumulative impact, unusual circumstance/significant effect, scenic highways, hazardous waste sites, and historical resources. Staff review of the project (Exhibit “C”) found no exceptions to a categorical exemption applied.
The appellant contends that a unique circumstance exists and therefore a categorical exemption cannot be used. The Appellant further states:
The proposed project abuts my property and must utilize my property for egress. The transition between the properties is unique in that it is narrow and includes a significant jog. It is so narrow standard cars parked in my lot often back up through the drive isle, over the curb and onto the sidewalk as they egress the property. This non-conforming situation was intensified by the recent addition of a sidewalk fronting the two properties. This is a unique and problematic situation today, adding in a more intense use without mitigation will only make it worse.
First, it should be pointed out there are approximately eight contiguous commercial lots, including the appellants site, the project site, and lots westerly thereof, where in front of their front property line is a strip of public right of way, approximately 42 feet in depth, which includes driveway access, drive aisles, and off-site surface parking spaces for the commercial sites. Therefore, the egress (including drive aisle as well as parking spaces) to which the appellant is referring is on public property, not private property. This improved strip of public land is approximately 666 feet
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long and is unobstructed, meaning vehicles can pass in front of one commercial property to another within this area. (see aerial photo below)
Second, based on a review of the City’s Zoning Information and Map Access System (ZIMAS) aerial photography going back to 2001 and a permit history review of the project site and area in general, the existing arrangement and use of the public right-of-way (PROW) for access and commercial parking has remained relatively unchanged. Of note is that the subject property has angled parking closest to the parkway frontage, which is unlike all the other off-site parking spaces which have parking spaces perpendicular and closest to the commercial building frontage. As such, there is a jog with respect to the drive aisle to the east and west of the subject property as the appellant has pointed out and the angled parking does require that vehicles exit the site to the east. This appears to be a situation that has existed for at least for 16 years but likely much longer.
What has changed is that in 2018 the city added sidewalks within this PROW and closed off one of the driveways closest to the property line between the subject east property line and the appellant’s west property line. As such, there is one driveway that is used for egress, which is located at the easternmost end of the improved PROW, in front of the appellant’s property. Thus even though vehicles must pass in front of the appellant’s property, this is not a result of the applicant’s project/change of use. Therefore, the easternmost driveway could have been used in this manner at any time in the past as well as present, just as vehicles within this PROW can cross in front of multiple commercial frontages.
Also, it should be noted that these commercial properties in this area were developed between 1939 to 1955, and as such, they likely all have legal non-conforming parking, meaning they have less parking than would otherwise be required today, including the appellant’s property.
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Lastly, the project is a change of use from a 1,300 square foot retail space to a restaurant space. The appellant has not provided any evidence to show that the project will have a significant effect. The change of use does not exceed any traffic thresholds that would indicate a potential significant impact. The net increase in trips during the a.m. and p.m. peak travel times does not exceed the DOT impact threshold of 42 trips. The net increase in peak trips is nine trips in the a.m. and four trips in the p.m.
Therefore, as the appellant has not demonstrated with substantial evidence that a significant effect would be created due to an unusual circumstance, the Director of Planning did not err in approval of the Categorical Exemption.
B. Appeal Statement: The City can’t justify the approval of parking waivers based on the payment of a monthly fee, when they never build parking required to mitigate the impact. This violates the Ventura Specific Plan.
Staff Response: When a change of use in the Specific Plan area results in an increase in required parking, and if the additional required parking cannot be provided on-site (such as after also maximizing the bicycle parking replacement as permitted per LAMC 12.21 A.4), an applicant can choose a parking option, or combination of options, found under Section 7. F. “Parking” of the Specific Plan. One of the options most commonly used is a parking waiver, referred to as “Alternative For Parking” in which an applicant can pay an in-lieu fee of $100 per month per deficient parking space, up to ten parking spaces per tenant. A Project Permit Compliance case filing is required when required parking cannot be provided on-site, and the project is conditioned to enter into a Covenant and Agreement with the Los Angeles Department of Transportation (DOT). DOT collects and maintains the deficient parking payments in a Community’s Parking Revenue Fund. In addition, the Specific Plan requires Project Impact Assessment Fees (PIA) for any new development and for a change of use that is more intense than the existing use, according to Section 11 C. “PIA Fee Table” of the Specific Plan.
Per Section 12 of the Specific Plan, the funds are to be exclusively used for improvements and services within the Specific Plan area meant to address traffic and parking impacts (at the community level or corridor wide) which can involve local public transit; transportation demand management (TDM), transportation management organization (TMO); off-street parking, such as for parking structures or parking lots to serve each of the five communities; and intersection improvements, such as right-of-way acquisition and signal improvements for 19 specified intersections. As such, the funds are used for a variety of improvements or services pursuant to Section 12; however, it is not mandated or required as a mitigation for parking waivers that a parking structure be built. As such, permitting parking waivers per Section 7. F. without building a parking structure is not a violation of the Specific Plan.
CONCLUSION
For the reasons stated herein, and in the findings of the Director’s Determination, the proposed project complies with the applicable provisions of the Ventura/Cahuenga Boulevard Corridor Specific Plan. The change of use to a more intensive use is permitted per the C1.5 Zone and the Specific Plan. The in-lieu monthly payment for deficient parking spaces, up to 10 spaces, is permitted per the Specific Plan. Additionally, a parking impact assessment fee (PIA) is required per the Specific Plan when there is a more intensive change of use. The fees are used to make improvements within the Specific Plan as discussed above. Staff finds that the project meets the standards of the Plan and has satisfied the requirements of CEQA.
Staff’s Recommendation: In consideration of the foregoing, it is submitted that the Director of Planning did not err or abuse discretion in the approval of a Project Permit Compliance for a
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change of use of a 1,300 square foot retail space to a restaurant and to pay the in-lieu monthly parking deficiency fee for six parking spaces.
Therefore, it is recommended that the South Valley Area Planning Commission deny the appeal and sustain the determination of the Director of Planning and determine that the project is categorically exempt from CEQA in accordance with State CEQA Guidelines Section 15301.
EXHIBIT A
Plans TENANT IMPROVEMENT TENANT IMPROVEMENT 12616 VENTURA BLVD STUDIO CITY, CA 91604 l•R-2 2 O=
SCOPE OF WORK PROJECT INFORMATION GENERAL NOTES -TENANT IMPROVEMENT - CHANGE OF USE PROJECT LOCATION OWNER THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS, ELEVATIONS, - NEW RESTAURANT 12616VENTURABLVO. VENTURABOULEVARO GRADES, EXISTING STRUCTURES, ANO FIELD CONDITIONS AT THE SITE, • ADD KITCHEN, AND 1 NEW ACCESSIBLE RESTROOM STUDIO CITY, CA 91604 ASSOCIATIONS LTO VENTURA BLVD. BEFORE COMMENCING WORK. TRANISMAP SITE MAP STUDIO CITY, CA 91604 HE SHALL IMMEDIATELY NOTIFY THE DESIGNER AND/OR OWNER. PROJECT DESIGNER TYPICAL DETAILS SHALL APPLY IN GENERAL CONSTRUCTION. WHERE NO DESIGNNRK ., DETAILS ARE GIVEN, THE CONSTRUCTION SHALL BE AS FOR SIMILAR ~ 213 N. ORANGE ST. STE: E WORK. OMISSIONS AND/ OR CONFLICTS AMONG THE VARIOUS ELEMENTS GLENDALE, CA 91203 OF THE DRAWINGS, NOTES, SPECIFICATIONS, EXISTING STRUCTURES, et:: OFFICE: 818.823.7288 AND/ OR FIELD CONDITIONS, SHALL BE BROUGHT TO THE ATTENTION OF FAX: 888.424.8125 S.T,"'\;llt>:-.f,"rm1 .. THE DESIGNER, BEFORE PROCEEDING WITH THE WORK SO INVOLVED. :z: ,,,-h•~t>lmg '-i.PrJ•C~', E-MAIL : [email protected] 0 SHEET INDEX CONSTRUCTION OPERATION SHALL NOT BLOCK WALKWAYS, OR OTHER MEANS OF EGRESS. ARCHITECTURAL SHEETS: A0.1 COVER SHEET PEDESTRIANS SHALL BE PROTECTED DURING CONSTRUCTION, A1.1 SITE PLAN REMODELING AND DEMOLITION ACTIVITIES AS REQUIRED BY COUNTY OF A1 .1A EXISTING SITE PLAN LOS ANGELES BUILDING CODE CHAPTER 33. A1 .2 ADA DETAILS A1.3 ADA NOTES A2.0 EXISTING FLOOR PLAN A2.1 PROPOSED FLOOR PLAN 11111 _ . HR l, A2.2 PROPOSED EQUIPMENT FLOOR PLAN l •r.k of AmlH'tca An1 O GENERAL REQUIREMENTS 1. THE CONSTRUCTION SHALL NOT RESTRICT A FIVE-FOOT CLEAR AND UNOBSTRUCTED ACCESS TO ANY WATER OR POWER PROJECT INFO DISTRIBUTING. FACILITIES (POWER POLES, PULL-BOXES, TRANSFORMERS, VAULTS, PUMPS, VALVES, 1/ETERS, LOT AREA 15,010-t/· SQ. FT. APPURTENANCES, ETC.) OR TO THE LOCATION OF THE HOOK-UP. EXrG BUILDING AREA 5,240.0 SO. FT. THE CONSTRUCTION SHALL NOT BE WITHIN TEN FEET OF ANY NEAREST BUS STOP- 0.1 MILES AWAY UNIT AREA (NEW RESTAURANT] 1,300 SO. FT. POWER LINES-WHETHER OR NOT THE LINES ARE LOCATED ON THE PROPERTY. FAUILURE TO COMPLY MAY CAUSE CONSTRUCTION EXT'GUSE RETAIL DELAYS AND/OR ADDITIONAL EXPENSES. RESTAURANT NEW USE 2. AN APPROVED SEISMIC GAS SHUTOFF VALVE WILL BE INSTALLED ON EXTG OCCUPANCY B THE FUEL GAS LINE ON THE DOWN SREAM SIDE OF THE UTILITY NOTES METER AND BE RIGIDLY CONNECTED TO THE EXTERIOR OF THE B NEW OCCUPANCY BUILDING OR STRUCTIJRE CONTAINING THE FUEL GAS PIPING. (PER A SEPARATE PERMIT IS REQUIRED FOR THE FOLLWING: NEW OCC. LOAD ORDINANCE 170,158) (INCLUDES COI.M:RCIAL ADDITIONS ANO TI 1. SIGNAGE WORK OVER $10,000.00 SEPARATE PLUWING PERMIT IS REQUIRED.) 2. MEHCHANICAL & PLUWING PLANS CUSTOMER SEATING AREA: 215 SQ. FT.115 15 KITCHEN AREA : 130 SQ, FT. I 200 3. PROVIDE ULlRA FLUSH WATER CLOSETS FOR ALL NEW PARKING ANALYSIS CUSTOMER AREA (RETAIL): 28 SQ. FT./ 30 CONSTRUCTION. EXISTING SHOWER HEADS ANO TOILETS MUST BE ADAPTED FOR LOW WATER CONSUMPTION. ~ COOLER / STORAGE: 150 SQ. FT. I 200 EXT'G PARKING SPACES FOR TENANTS PROVIDED: 7 ONSITE PARKING NEW TOTAL OCCUPANT LOAD: 18 4. A COPY OF THE EVALUATION REPORT AND/OR CONDITIONS OF 8 OFFSITE PARKING LISTING SHALL BE MADE AVAILABLE AT THE JOB SITE. (IN EXT'G PUBLIC RIGHT OF WAY PER AFFIDAVIT) BEST MANAGEMENT PRACTICE LEGAL DESCRIPTION A SUITE A ( RETAIL ) ...... 1300 S.F. FOR CONST. ACTIVITIES B. SUITE B (PIZZERIA-TAKE OUT) ...... 750 S.F. PIN NUMBER 1628181 123 C. SUITE C ( STORAGE) ...... 950 S.F. □ ERODED SWMENTS AND OTHER POLLUTANTS MUST BE RETAINED ON THOW.S BROTHERS GRID PAGE 582 - GRID es SITE ANO MAY NOT BE TRANSPORTED FROM THE SITE VIA SHEETFLOW, D. SUITED ( OFFICE-1ST & 2ND FLR.) ..... 1,500 S.F. LOT 15 SWALES, AREA IJAAINS, NATURAL DRAINAGE COURSES OR WINO. PROPOSED: TRACT 5898 □ STOCKPILES OF EARTH ANO OTHER CONSTRUCTION RELATED NEW PARKING COUNT FOR SUSHI RESTAURANT (13001100) ...... 13 SPACES APN 2384-022-027 MATERIALS MUST BE PROTECTED FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES Of' WINO OR WATER. CREDIT FROM EXTG RETAIL SPACE ( 5 SPACES) - 5 SPACES ARB NONE TOTAL NEW ADDITIONAL PARKING REQUIRED = 8 SPACES □ FUELS, OILS, SOI.VENTS AND OTHER TOXIC MATERIALS MUST BE MAP REFERENCE MB 65-52157 STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO 30% OF 8 SPACES - 2 SPACES TO BE SWAPPED WI BICYCLE STALLS = 6 SPACES BLOCK NONE CONT AMINA TE THE SOIL AND SURFACE WATERS. ALL APPROVED STORAGE CONTAINERS ARE TO BE PROTECTED FROM THE WEATHER MAP SHEET 1826161 SPILLS MUST BE CLEANED UP IMMEDIATELY ANO DISPOSED Of IN A BREAKDOWN OF PARKING SPACES FOR PROPOSED SUSHI RESTAURANT: PROPER MANNER SPILLS MAY NOT BE WASHED INTO THE DRAINAGE A NEW PARKING SPACES FOR PROPOSED T.I. (SUSHI RESTAURANT) PROVIDED: SYSTEM. LOT 18 □ NON-STORM WATER RUNOFF FROM EQUIPt.4ENT AND VEHICLE 5 SPACES WASHING ANO At!'{ OTHER ACTIVITY SHALL BE CONTAINED AT THE a. CREDIT FROM EXTG RETAIL SPACE TR 5886 TRACT PROJECT SITE. APN 2384-022-028 □ EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC b. PARKING PARKING REQUIRED FOR NEW RESTAURANT 6 SPACES 'f- _g.eM1TE ARB 2 WAY OR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE c. TOTAL BICYCLES STALLS ...... 8 BICYCLES DISPOSED OF AS SOI.ID WASTE. ZONING C1 .5-1VL-RIO LESS THAN 1,500 FT. FROM NEAREST PUBLIC TRANSIT-30%0F 8 STALLS= 2.4 □ TRASH AND CONSTRUCTION RELA TEO SOLID WASTES MUST BE TOTAL 2 CAR PARKING STALLS. NUMBER OF STORIES DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND. ,.. FIRE SPRINKLER NO □ SEDIMENTS ANO OTHER MATERIALS MAY NOT BE TRACKED FROM THE MIN. (4) LONG TERM STALLS CONSTRUCTION TYPE V-B MIN. (4) SHORT TERM STALLS SITE BY VEHICLE TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS NOTE: TOTAL 2 AUTOMOBILE PARKING STALLS CAN BE SWAPPED WITH MUST BE SWEPT U' IMMEDIATELY ANO MAY NOT BE WASHED DOWN 8 BICYCLE STALLS. 30% OF 8 AUTOMOBILE STALLS APPLICABLE BUILDING CODES BY RAIN OR OTHER MEANS. l),llE: 2010 2017 (LABC), CBC, CRC, CFC, CPC, CMC, CEC, LAGBC, d. ~ RKING ...... 8 SPACES 2017 CALIFORNIA T-24 ENERGY STANDARDS DRAIN BY: 2017 LOS ANGELES MUNICIPAL CODE EXHIBIT"~' J08 NO. 10040 -le' IN-LIEU PARKING DEFICIENCY FEE FOR UP TO (6) PARKING SPACES. Page No. / of ~ SllfETNO. Case No kt,2a ?t? -; j!:1 -sf -r o/lt, 1ff ifff~;~ ~,;fSt','.Jr 'lo r; LOT#16 4 3 8 ~ , 2 IL:~ ~.!.J I ~ __ .!:,_ ____a·-0·-·- .,j_ L ______120.091• r-1 0::: • CV I ~ I ------."'"C::' , ... , ...... '"'"'"'"'"" . !L==--·-Jr_,;,-· 1a·-0•s.L·_-:;_7_=J I! ,n/ -/ 0 / ~I~- / t' 8 ~~--TD 18~--t,-""1 111111 NOTE: EXISTING OFFSITE PARKING NOT A PART OF 12616 VENTURA BLVD. PROPOSED TENANT IMPROVEMENT SUITE ·A (SUSHI RESTAURANT) EXT'G STORAGE NEW USE:RESTAURANT 2 LOT#15 SUITE-C NEW OCCUPANCY• A2 acc. LOAD: 18 SITE PLAN KEYED NOTES FLOOR AREA= 950 SF 1. FLOOR AREA• 1,l'.Xl SF PROPERTY LINE 12616 VENTURA Ill.VD. 2. EXrG FLOOR WALL LINE II- 3. EXrGRAMP ;z 4. EXrG PARKING LAYOUT I DRIVEWAY w o;, 5. PATH OF TRAVEL FROM ACCESSllllE 00 PARKING TO ENTRY ::E CD 6. exrG ACCESSIBLE PARKING w 7. EXrG STEPS TO REMI.IN 8 8, EXrG BLOCK WALL > g_ EXrG DRIVEWAY § EXISTING RESTAURANT 10. EXrG ATM AREA TO REMAIN ·~ ...a, SUITE-B 11. EXrG ENTRANCE TO BE RELOCATED (TAKE OUT PIZZERIA) a.. 12. NEW ENTRANCE 8 FLOOR AREA = 750 S.F. 13, NEW VERTICALL INSTALLED BICYCLE PARKING ::E § 14. NEW SHORT TERM BICYCLE PAR!IING ...... 15. NEW COVERED BIKE SHEL TERI LOCKER Bi FOR LONG TERM BICYCLE PARKING I- 'TREE TOP PRODUCTS' W=SO', L=30.5', H=76.5' MODEL NAME-VERTICAL BIKE LOCKER/ STEEU BLACK :z: ~ 16. EXrG STAIR c::==i WALLS TO REMAIN = = EXrG WALL(S) TO BE CUT & REMOVED EXrG. DOOR(S) / GLAZING TO BE REMOVED r= / Ii / / / / ii/ / I,,, .--- EXISTING PIZZERIA g r= \ ; -4------~31~'-9':______~--11 ~ I 1 ~ ':" 1= = ; EXTG RETAIL STORE ~ 36'-1' r-0· 13'-11" 9'-9' 4'-8' ======i -..- u EXT'G WALK IN J COOLER UNISEX ~-oRESffiOOM :.-,.1 . EXT'G HALLWAY - -. - - -c=:======::::i::;1 - WASHROOM - - -l l &-=c====::::i 4•.o· c=c::::==3•.7~-= '·0~ 3'-0" B'-6' 1 3'-4' 1' 4'-1" 1' 1' 1' EXT'G STORAGE ~ STORAGE \ 19'-11' 5'-9' 35'-B" 5'-9' 26'-6" 36'-B' EXT'G OFFICE Q I SEP 2~ 202L EXT'G/ DEMOLITION FLOOR PLAN O,\TE: 09/2019 SCALE: 1/4" - 1'·0" ORA~ BY: HRK p~~Hl ~IT, ''f{' JOB NO. 19069 SHEET NO, Case No. 0/ ,2, - Z SEE SHEETS A2.2 ·:::::::.·.· ... ·.·:.·.·:.·.·:.·.·:.·:::::::.•:.•.•,•.•:::.· EQUIPMENT PLAN AND SCHEDULE lill Il~ i,~f"l !] s ,r_ • ' '), I WALL/SYMBOL LEGEND c::::==:i WALLS TO REMl'JN R c::::==:i FULL HEIGHT NEW WALLS • 2' x 4' WO. EXISTING PIZZERIA STUD@ 16' O.C. ~ c==::i EXT'G WALL TO BE REMOVED [] LIGHT SWITCH ACTIVATED MECHANICAL EXHAUST VENT EXIT PATHWAY [IlJ OOORNUMBER 36'-1' DETAIL NUMBER SHEET NUMBER 7'-9' 13'-11' 9•.9• 4'-8" EB 7'-4" 13'-11' 8'-11' 4'-3' ..:., FIRE EXTINGUISHER, SEM" RECESSED 18' MIN. ~ 2 LAMP LED EMERGENCY LIGHTING m EXIT SIGN WALL & PAINT FINISHES NEW FIBERGLASS REINFORCED PANEL (FRP): SEMI-GLOSS WHITE · FULL HEIGHT NEW 5/8" GYP . BOARD - SMOOTH FINISH SEMI-GLOSS PAINT OR SMOOTH PORCELAIN TILE STAINLESS STEEL WALL CLADDING FULL HEIGHT EXT'G SMOOTH DRYWALL TO REMAIN EXT'G STORAGE Q 24' ~ 6" X2·!~TONE OR H-uiii~::::;;::M=:AN::::::iU ACTURED STONE 5•.3• 19'·11' 5•.9• 7'-1' 10'-8" 17'-11" BRACING @24' O.C. 5•.9• 26'-8' 38'-8" 2 LAYERS OF 314" PlYWOOD 3-518' METAL CONTINUOUS TOP RUNNER KNEE j FRP INSIDE CLEARANCE [:; 518' GYP. BOARD WOOD BASEBOARD 4' x 4'x 1/2' FLANGE EXT'G OFFICE ~,..4,.~l.l,/,,~:::::....;.5;::18:_',:LAG BOLTS Q FINISH FLOOR ..· .. ...~E _, · t " . 2C20 09/2019 ADA SEATING DETAIL 2 DRAYl!4 BY: NRK SCALE: N,T,S, J08 NO. 19089 SHEET NO. PROPOSED FLOOR PLAN SCALE: 1/4" • 1'-0" A2.1 DINING AREA EXISTING PIZZERIA 31'-3' 5'-8' FRONT SUSHI COUNTER DETAIL -1 SCALE : N.T.S. PROPOSED EQUIPMENT FLOOR PLAN SCALE : 1/4" - 1 '-0" EXHIBIT 'W' EQUIPMENT SCHEDULE Page No.-~ - of ~ FIXTURE ELECTRIC PLUMBING NOTES Case No. fl.· ~ - NO. DESCRIPTION & REMARK NEW OR EXISTING HP VOL PH BTU GAS HW cw ORAi! 1 FLOOR MOP SINK EXISTING 112' 112' EXISTING 0 2 ELECTRIC WATER HEATER 75 GALLON AO SMITH 240 • "VE TH" c, ""R ""P "'""' 3 UNDERCOUNTER ICE MACHINE Fl.AKER NEW 115 112' 1 DRAINS TO FLOOR SINK FINISH SCHEDULE 4 FLOOR DRAIN EXISTING 5 FLOOR SINK EXISTING NO. FIXTURE ELECTRIC PLUMBING NOTES NOTES 6 VEGETABLE PREP SINK EXISTING 1/2' 1/2' DRAINS TO FLOOR SINK 7 1B' X 1B' STAINLESS STEEL SPLASH GUARD EXISTING USDA APPROVED 6' X 6' CERAMIC TILE 1' 1 KITCHEN WHITE FRP PANELS WASHABLE T-BAR CEILING RADIUS COVE BASE GREASE INTERCEPTOR EXISTING 25 GPM SEALED CONCRETE e WHITE 9 HANO SINK WITH SPLASH GAUROS EXISTING 1/2' 1/2' DIRECT WASTE CONNECTION 10 CMA UNDERCOUNTER DISH WASHER NEW 115 1 1/2' DRAINS TO FLOOR SINK STAINLESS STEEL USDA APPROVED 6' X 6' CERAMIC TILE 1' 2 SERVICE AREA WASHABLE T-BAR CEILING 11 3 COMPARTMENT CORNER SINK EXISTING 1/2' 1/2' DIRECT WASTE CONNECTION FLASHING SEALED CONCETE RADIUS COVE BASE WHITE 12 CHROME NSF SHELVES EXISTING 6' X 6' CERAMIC TILE~ 13 MOP RACK WITH CHEMICAL SHELF EXISTING CUSTOMER AND DINING USDA APPROVED 3 HARD SMOTH GYPSUM WASHABLE T-BAR CEILING RADIUS COVE SASE 14 5 TIER EMPLOYEE LOCKER EXISTING AREA SEALED CONCETE BOARD W/ SEMI GLOSS PAINT WHITE 15 EVEREST UNDERCOUNTER REFRIGERATOR ON CASTERS NEW 115 SELF CONTAINED 16 STAINLESS STEEL SUSHI COUNTER NEW HARD SMOTH GYPSUM USDA APPROVED 6' X 6' CERAMIC TILE~ 4 WOMEN'S RESTROOM 17 DROP IN HANO SINK NEW 112' 112' DIRECT WASTE CONNECTION WHITE FRP PANELS BOARD W/ SEMI GLOSS PAINT SEALED CONCETE RADIUS COVE SASE 18 EVEREST UNDERCOUNTER REFRIGERATOR ON CASTERS NEW 115 SELF CONTAINED WHITE 19 GSW DROP IN ICE BIN NEW 1 DRAINS TO FLOOR SINK HARO $MOTH GYPSUM 6' X 6' CERAMIC TILE 1' MEN'S RESTROOM USDA APPROVED 20 AMERICAN RANGE 12' GRIDDLE ON CASTERS NEW 30K 5 WHITE FRP PANELS BOARD W/ SEMI GLOSS PAINT SEALED CONCETE RADIUS cove SASE 21 AMERICAN RANGE 4 BURNER WITH 12' GRIDDLE ON CASTERS NEW 183K WHITE OAT!:: 09/2019 22 4' X 6' UL LISTED HOOD NEW USDA APPROVED 6' X 6' CERAMIC TILE 1' ORAIIW BY: NRK EXISTING 6 DRY STORAGE AREA WASHABLE T-SAR CEILING 23 POSSYSTEM WHITE FRP PANELS SEALED CONCETE RADIUS COVE BASE 24 MARS 72' AIR CURTAIN WMICROSWITCH EXISTING 115 WHITE JOB NO. 19069 25 AMERICAN RANGE 36' SALAMANDER NEW 35K PREFABRICATED STAINLESS PREFABRICATED STAINLESS USDA APPROVED 6' X 6' CERAMIC TILE~ SHEET NO. WALK-IN COOLER EXISTING 7 WALK-IN COOLER 26 STEEL STEEL SEALED CONCETE RADIUS COVE BASE 27 EXPOXY COATED ~~o METRO SHELVES EXISTING WHITE A2.2 EXHIBIT B Appeal Application DIR-2020-1859-SPP Appeal Justification Appellant: Margaret Kurkian The Director of Planning errored and abused his discretion by granting the Project Permit Compliance to permit a more intense use than previously existed, including a waiver of parking, without analyzing the environmental impact of the proposal on this unique site. This unique circumstance creates an exception that prohibits the City from utilizing a Categorical Exemption as the required CEQA clearance. The proposed project abuts my property and must utilize my property for egress. The transition between the properties is unique in that it is narrow and includes a significant jog. It is so narrow standard cars parked in my lot often back up through the drive isle, over the curb and onto the sidewalk as they egress the property. This non-conforming situation was intensified by the recent addition of a sidewalk fronting the two properties1. This is a unique and problematic situation today, adding in a more intense use without mitigation will only make it worse. Additionally, it is important to note that over the last forty years since the Ventura Specific Plan was created the City has produced no new parking in this area. The City can’t justify the approval of parking waivers based the payment of a monthly fee, when they never build parking required to mitigate the impact. This violates the Ventura Specific Plan. | I reserve the right to supplement the Pubic record as the appeal progresses. 1 The sidewalk ends at western boundary of the Applicant’s property. Google Maps street view shows the narrow isle, the limited back up distance, the jog, and black tire marks depicting auto vehicles encroaching into the sidewalk at the egress. EXHIBIT C Director's Determination DEPARTMENT OF EXECUTIVE OFFICES CITY PLANNING City of Los Angeles 200 N. SPRING STREET, ROOM 525 OS NGELES COMMISSION OFFICE CALIFORNIA L A , CA 90012-4801 (213) 978-1300 (213) 978-1271 CITY PLANNING COMMISSION VINCENT P. BERTONI, AICP DIRECTOR SAMANTHA MILLMAN PRESIDENT KEVIN J. KELLER, AICP EXECUTIVE OFFICER VAHID KHORSAND VICE-PRESIDENT SHANA M.M. BONSTIN DEPUTY DIRECTOR DAVID H. J. AMBROZ ARTHI L. VARMA, AICP CAROLINE CHOE ERIC GARCETTI DEPUTY DIRECTOR HELEN LEUNG MAYOR LISA M. WEBBER, AICP KAREN MACK DEPUTY DIRECTOR MARC MITCHELL VACANT VERONICA PADILLA-CAMPOS DEPUTY DIRECTOR DANA M. PERLMAN VENTURA/ CAHUENGA BOULEVARD CORRIDOR SPECIFIC PLAN PROJECT PERMIT COMPLIANCE REVIEW September 28, 2020 Applicant Case No. DIR-2020-1859-SPP Steve Yaymayan CEQA: ENV-2020-1860-CE 3348 W. El Segundo Boulevard Related Case: None Hawthorne, CA 90250 Location: 12614 – 12618 W. Ventura Owner Boulevard and APN # Alfredo Aninio 2384022028 Ventura Boulevard Associates, Ltd. Project Address: 12616 W. 12616 Ventura Boulevard, 2nd Level Ventura Boulevard, Suite A Studio City, CA 91604 Council District: 2 - Krekorian Neighborhood Council: Studio City Representative Community Plan Area: Sherman Oaks-Studio City- Nareg Khodadadi Toluca Lake-Cahuenga Pass DesignRK Land Use Designation: Neighborhood Office 213 N. Orange Street Commercial Glendale, CA 91203 Zone: C1.5-1VL-RIO Legal Description: Lot 15 & 16 (Arb 2); Tract 5896 Last Day to File an Appeal: October 13 , 2020 DETERMINATION Pursuant to LAMC Section 11.5.7 C and Section 9 of the Ventura/Cahuenga Boulevard Corridor Specific Plan, I have reviewed the proposed project and as the designee of the Director of Planning, I hereby: Determine, 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 15301, Class 1, and there is no substantial evidence demonstrating that an exception to a categorical exemption applies pursuant to CEQA Guidelines, Section 15300.2 applies. Approve with Conditions Project Permit Compliance Review to permit a change of use and remodel for an existing 1,300 square foot retail space to a restaurant use, which results in a parking deficiency of six (6) parking spaces, on a 19,016 square foot lot. The owner/applicant have opted to pay the in-lieu monthly parking deficiency fee for six (6) spaces pursuant to Section 7.F.2 of the Ventura/Cahuenga Boulevard Corridor Specific Plan. The project approval is subject to the attached Conditions of Approval, and is based upon the attached Findings: CONDITIONS OF APPROVAL 1. Site Development. Except as modified herein, the project shall be in substantial conformance with the plans and materials submitted by the Applicant, labeled Exhibit “A”, stamp dated September 15, 2020, attached to the subject case file. No change to the plans shall be made without prior review by the Department of City Planning, Valley Project Planning Bureau, and written approval by the Director of Planning. Each change shall be identified and justified in writing. Minor deviations may be allowed in order to comply with the provisions of the Municipal Code, the project conditions, or the project permit authorization. 2. Floor Area. The project shall be limited to a change of use of 1,300 square feet of retail space to a restaurant use. 3. Renovation. This approval shall permit the exterior and interior renovation of the subject lease space, which includes replacing a side door with windows and adding a new main entrance double door to the front northwest corner of the building as shown on stamped Exhibit “A”, and attached to the case file. 4. Height. No change to the height of the building is proposed. 5. Mechanical and Rooftop Equipment Screening. No mechanical or rooftop equipment shall be visible from Ventura Boulevard, and shall be screened behind architectural elements. 6. Monthly Deficient Parking Fee. Pursuant to Section 7.F.2 of the Ventura/Cahuenga Boulevard Corridor Specific Plan, the applicant and owner have opted, and are thereby required to pay for, the six (6) deficient parking spaces which shall be recorded via Covenant and Agreement by the owner with the Department of Transportation (DOT) for the deficiencies created by the changes of use. This agreement requires the applicant/owner to pay $100.00 per month, per deficient parking space, into DOT’s Community Parking Revenue Fund for as long as the Project parking deficiency continues to exist. A copy of the recorded Covenant shall be submitted to Valley Project Planning for the Director’s review prior to clearance by the Department of Planning. 7. Project Impact Assessment Fee. Prior to Planning clearance, the applicant shall meet with the Department of Transportation (DOT) for assessment of this change-of-use project. A “Project Impact Assessment” (PIA) fee may be required and paid to the satisfaction of DOT for the purpose of funding the Specific Plan improvements and services, as well as pedestrian improvements which are intended to mitigate the cumulative impacts of new developments within the Specific Plan area. NOTE: PIA fees to be paid are subject to change due to increases to the Annual Indexing as determined by the DOT. DIR-2020-1859-SPP Page 2 of 10 12616 W. Ventura Boulevard 8. Lighting. Lighting should be directed onto the site, and be adequately aimed and shielded so as to not spill over onto adjacent properties, especially into areas planned and zoned for residential uses. 9. Wall Signs. A maximum of two wall signs may be permitted, one facing Ventura Boulevard, one facing the subject parking lot to the west. A sign plan shall be submitted for administrative clearance review to the South East Valley Project Planning Division. 10. Projecting Sign. Only one (1) projecting sign is permitted for the building by the Specific Plan. Should the applicant wish to add one (1) projecting sign, such sign shall measure no more than 16 square feet, and shall be no more than four (4) feet from the building face, provided no other projecting sign is present on the building (underlined for emphasis) and that any new projecting sign shall be located by a front pedestrian entrance. 11. Repair. Prior to installation of any sign, any wall defects, holes, faded paint areas, or impressions made from the removal of previous signs shall be repaired, filled and painted to match the material and color finishes of the existing exterior wall. 12. Wall Sign Depth. No wall sign may project from a building face more than 12 inches, or above the lowest elevation of the roof eave visible from the street. 13. Window Signs. All Window Signs shall not exceed 10 percent of the window they occupy. Holiday paintings shall not be placed in the window more than 30 business days before a holiday and shall be removed within ten business days after the holiday. 14. Temporary Banners. This approval shall permit the installation of one banner of no more than 100 square feet in size. No more than two banners per year per site shall be permitted, for no more than 30 days prior to the event and 10 days after the special event for a total of 40 days. 15. Illegal Signs. Prior to the Department of Building and Safety issuance of a final sign-off on any sign approved, any existing exterior signs, temporary banners, window signs, and signs used for advertising products, merchandise and services which are not permitted by the Ventura-Cahuenga Boulevard Corridor Specific Plan shall be removed from the business or multi-tenant storefronts by the respective tenants, property manager, or the property owner. 16. Specific Plan Covenant and Agreement. A Covenant and Agreement shall be recorded with the Los Angeles County Recorder acknowledging the contents and limitations of the Ventura/Cahuenga Boulevard Corridor Specific Plan, as well as the conditions of approval established herein. The Covenant and Agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns and shall be submitted to the Department of City Planning for approval prior to being recorded. After recording, a copy bearing the County Recorder's number and date shall be provided to the Department of City Planning for attachment to the administrative file. 17. Modifications. Any modifications, change of use, or increase in floor area of the property shall be cause for separate discretionary review pursuant to the definition of a Project per the Specific Plan, and Section 11.5.7 of the LAMC and other applicable statutory requirements. DIR-2020-1859-SPP Page 3 of 10 12616 W. Ventura Boulevard Administrative Conditions 18. Final Plans. Prior to the issuance of any building permits for the project by the Department of Building and Safety, the applicant shall submit all final construction plans that are awaiting issuance of a building permit by the Department of Building and Safety for final review and approval by the Department of City Planning. All plans that are awaiting issuance of a building permit by the Department of Building and Safety shall be stamped by Department of City Planning staff “Final Plans”. A copy of the Final Plans, supplied by the applicant, shall be retained in the subject case file. 19. Notations on Plans. Plans submitted to the Department of Building and Safety, for the purpose of processing a building permit application shall include all of the Conditions of Approval herein attached as a cover sheet, and shall include any modifications or notations required herein. 20. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review of approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning prior to clearance of any building permits, for placement in the subject file. 21. Code Compliance. Use, area, height, and yard regulations of the zone classification of the subject property shall be complied with, except where granted conditions differ herein. 22. Department of Building and Safety. The granting of this determination by the Director of Planning does not in any way indicate full compliance with applicable provisions of the Los Angeles Municipal Code Chapter IX (Building Code). Any corrections and/or modifications to plans made subsequent to this determination by a Department of Building and Safety Plan Check Engineer that affect any part of the exterior design or appearance of the project as approved by the Director, and which are deemed necessary by the Department of Building and Safety for Building Code compliance, shall require a referral of the revised plans back to the Department of City Planning for additional review and sign-off prior to the issuance of any permit in connection with those plans. 23. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning through the enforcement of the Department of Building and Safety. 24. Expiration. In the event that this grant is not utilized within three years of its effective date (the day following the last day that an appeal may be filed), the grant shall be considered null and void. Issuance of a building permit, and the initiation of, and diligent continuation of, construction activity shall constitute utilization for the purposes of this grant. 25. Indemnification. Applicant shall do all of the following: a. Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City’s processing and approval of this entitlement, including but not limited to, an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim DIR-2020-1859-SPP Page 4 of 10 12616 W. Ventura Boulevard personal property damage, including from inverse condemnation or any other constitutional claim. b. Reimburse the City for any and all costs incurred in defense of an action related to or arising out of, in whole or in part, the City’s processing and approval of the entitlement, including but not limited to payment of all court costs and attorney’s fees, costs of any judgments or awards against the City (including an award of attorney’s fees), damages, and/or settlement costs. c. Submit an initial deposit for the City’s litigation costs to the City within 10 days’ notice of the City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be in an amount set by the City Attorney’s Office, in its sole discretion, based on the nature and scope of action, but in no event shall the initial deposit be less than $50,000. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b). d. Submit supplemental deposits upon notice by the City. Supplemental deposits may be required in an increased amount from the initial deposit if found necessary by the City to protect the City’s interests. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b). e. If the City determines it necessary to protect the City’s interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition. The City shall notify the applicant within a reasonable period of time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City. The City shall have the sole right to choose its counsel, including the City Attorney’s office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. For purposes of this condition, the following definitions apply: “City” shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers. “Action” shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions includes actions, as defined herein, alleging failure to comply with any federal, state or local law. Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition. DIR-2020-1859-SPP Page 5 of 10 12616 W. Ventura Boulevard FINDINGS The project is a change of use from a 1,300 square foot retail space to a restaurant space. The project includes some interior and exterior remodeling including the addition of a new front double door at the front northeast corner of the lease space, adding a kitchen within the existing floor area, the addition of eight bike racks (four short term and four long term) within the parking area, and likely new signage for the new restaurant, which, if requested, would require a subsequent review for Specific Plan consistency. The existing two-story building is a multi-tenant building includes an existing restaurant, office, and storage on the ground floor and offices on the second floor. The site is comprised of two (2) parcels of land totaling 19,016 square feet, with seven (7) on-site parking spaces along the west side of the property and eight (8) parking spaces within the public right of way in front of the site, for a total of 15 parking spaces. Some parking lot re-striping may be involved to adjust for the new bike racks. The change of use will require a total of eight (8) parking spaces, of which two parking spaces will be provided via bicycle replacement, resulting in an on-site parking deficiency of six (6) parking spaces. The owner/applicant have opted to pay the in-lieu monthly parking deficiency fee for six (6) parking spaces pursuant to Section 7.F.2 of the Ventura/Cahuenga Boulevard Corridor Specific Plan. The subject property is located within the designated Neighborhood and General Commercial land use area of the Ventura/Cahuenga Boulevard Corridor Specific Plan which is a focal point for surrounding residential neighborhoods and contain a diversity of land uses, such as restaurants, retail outlets, grocery stores, child care facilities, small professional offices, community meeting rooms, pharmacies, religious facilities and other similar services The proposed project substantially complies with the site’s C1.5-1VL-RIO zoning and the Specific Plan Land Use designation as described above. As enumerated below, the proposed project has been conditioned to comply with all applicable regulations, findings, standards, and provisions of the Ventura/Cahuenga Boulevard Corridor Specific Plan. 1. The project substantially complies with the applicable regulations, findings, standards, and provisions of the specific plan. The proposed project complies with all applicable development requirements of the Ventura/Cahuenga Boulevard Corridor Specific Plan, as follows: a. Section 5.C: Uses. The proposed use of restaurant is not restricted in this area of the Specific Plan, and thus is allowed. b. Section 6B: Floor Area Ratio (FAR). There is no new floor area being constructed. c. Section 7A: Yards. There is no change in the setbacks as a result of this project. d. Section 7B: Lot Coverage. The Specific Plan limits lot coverage to 60 percent and there is no change in lot of coverage as a result of this project. e. Section 7C: Driveways. There is no change in the driveway layout. Vehicle access to the site is provided from Ventura Boulevard. DIR-2020-1859-SPP Page 6 of 10 12616 W. Ventura Boulevard f. Section 7D: Landscaping. There is no change in the landscaping as a result of this project. g. Section 7E: Height. There is no change to the existing building height. h. Section 7F: Parking. Per Section 7.F.1.c of the Ventura/Cahuenga Boulevard Corridor Specific Plan, restaurants and take-out food establishments require at least one (1) parking space for each 100 square feet of floor area. Any interior space dedicated to bike parking is not included as floor area per the Section 12.03 of the Los Angeles Municipal Code (LAMC). Per information provided by the applicant, the most recent Certificate of Occupancy for the subject space was issued in 1981 for a change of use from a restaurant to a bank (retail) use. There was no change in parking for the change of use, thus the existing parking on-site and in the public right of way totaling 15 parking spaces is legal non- conforming with respect to the number of parking spaces. The proposed change of use of 1,300 square feet to a restaurant use requires eight additional parking spaces (1,300/100 = 13 minus parking credit for the retail use 1,300 / 250 = 5.2 rounded down = 5 spaces, thus 13 - 5 = 8). The applicant is replacing two (2) required parking spaces with bicycle parking as permitted per LAMC 12.21 A.4, which is proposed within the subject parking lot area at the rear of the site. As there is no additional room on site for additional parking spaces, the change of use will result in six (6) deficient parking spaces for the site. The owner/applicant has opted to pay for the six (6) deficient parking spaces by utilizing Section 7.F.2 of the Ventura/Cahuenga Boulevard Corridor Specific Plan which requires a Covenant and Agreement to be recorded with the Department of Transportation (DOT) to pay $100.00 per month, per deficient parking space, into the Community’s Parking Revenue Fund for as long as the Project parking deficiency continues to exist. i. Section 8: Signs. Pursuant to Section 5.A.2 of the Ventura/Cahuenga Boulevard Corridor Specific Plan, signs must comply with the applicable development requirements of Sections 8 of the Plan, as it relates to the sign regulations. Wall Signs. Per section 8.B.1.a of the Ventura/Cahuenga Boulevard Corridor Specific Plan, a maximum of one (1) wall sign per tenant on a building’s street frontage and a second sign facing a parking lot, secondary street, or alley is permitted. The total sign area permitted is two square feet per one lineal foot of lot frontage. The subject two- story building is a multi-tenant building with an existing restaurant on the ground floor and the second floor is used for offices. The existing plans do not currently include a sign plan; however, per Condition No. 9, a sign plan shall be submitted for review and approval by the South East Valley Project Planning Division prior to the issuance of a sign permit. Projecting Signs. Per section 8.B1.c of the Ventura/Cahuenga Boulevard Corridor Specific Plan, one (1) projecting sign is permitted per building. The sign area of a projecting sign is limited to 16 square feet and cannot project more than four feet from the facade. The projecting sign may only be placed at a public entrance to a building where the entrance fronts on a public street, private walkway, plaza, or alley. No projecting sign shall extend above the lowest point of the roof eave visible from the DIR-2020-1859-SPP Page 7 of 10 12616 W. Ventura Boulevard street. Per Condition of Approval Number 10, any new projecting sign will have to comply with the Specific Plan regulations. Window Signs: The Ventura/Cahuenga Boulevard Corridor Specific Plan permits window signs if they are for the store name, store hours, and security signs. These permitted signs may not occupy more than ten percent of any window in area. Per Condition of Approval Number 13, any new window signs will comply with the Specific Plan regulations. Temporary Banners: The Specific Plan permits temporary banners to be installed if they are up for no more than 30 days at a time, for no more than twice a year and less than 100 square feet. Per Condition of Approval Number 14, any new temporary banners will comply with the Specific Plan regulations. As conditioned herein, any new proposed signs will be in compliance with the Specific Plan and any illegal/unpermitted signage will be required to be removed. 2. The project incorporates mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review, which would mitigate the negative environmental effects of the project, to the extent physically feasible. Mitigation measures are not necessary for the subject project, and there are no potentially significant negative environmental effects associated with the project. The Director of Planning has determined that the project is Categorically Exempt from the environmental review for an interior and exterior remodel, change of use, and potential new signage, pursuant to State CEQA Guidelines 15301, Class 1, and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies. OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES All terms and conditions of the Director’s Determination shall be fulfilled before the use may be established. The instant authorization is further conditioned upon the privileges being utilized within three years after the effective date of this determination and, if such privileges are not utilized, building permits are not issued, or substantial physical construction work is not begun within said time and carried on diligently so that building permits do not lapse, the authorization shall terminate and become void. TRANSFERABILITY This determination runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than yourself, it is incumbent that you advise them regarding the conditions of this grant. If any portion of this approval is utilized, then all other conditions and requirements set forth herein become immediately operative and must be strictly observed. DIR-2020-1859-SPP Page 8 of 10 12616 W. Ventura Boulevard VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR Section 11.00 of the LAMC states in part (m): “It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor unless that violation or failure is declared in that section to be an infraction. An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provisions of this section. Any violation of this Code that is designated as a misdemeanor may be charged by the City Attorney as either a misdemeanor or an infraction. Every violation of this determination is punishable as a misdemeanor unless provision is otherwise made, and shall be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment.” APPEAL PERIOD - EFFECTIVE DATE The applicant's attention is called to the fact that this grant is not a permit or license and that any permits and licenses required by law must be obtained from the proper public agency. Furthermore, if any condition of this grant is violated or not complied with, then the applicant or his successor in interest may be prosecuted for violating these conditions the same as for any violation of the requirements contained in the Municipal Code, or the approval may be revoked. The Determination in this matter will become effective and final fifteen (15) days after the date of mailing of the Notice of Director’s Determination unless an appeal there from is filed with the City Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of this Determination, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at http://www.planning.lacity.org/forms.htm. Planning Department public offices are located at: Figueroa Plaza Marvin Braude San Fernando West Los Angeles 201 North Figueroa Street, Valley Constituent Service Center Development Services Center 4th Floor 6262 Van Nuys Boulevard, Suite 1828 Sawtelle Boulevard, Los Angeles, CA 90012 251 2nd Floor (213) 482-7077 Van Nuys, CA 91401 Los Angeles, CA 90025 (818) 374-5050 (310) 231-2901 Verification of condition compliance with building plans and/or building permit applications are done at the Development Services Center of the Department of City Planning at either Figueroa Plaza in Downtown Los Angeles or the Marvin Braude Building in the Valley. In order to assure that you receive service with a minimum amount of waiting, applicants are encouraged to schedule an appointment with the Development Services Center either by calling (213) 482-7077 or (818) 374-5050 or (310) 231-2901 or through the Department of City Planning website at http://cityplanning.lacity.org. The applicant is further advised to notify any consultant representing you of this requirement as well. DIR-2020-1859-SPP Page 9 of 10 12616 W. Ventura Boulevard The time in which a party may seek judicial review of this determination is governed by California Code of Civil Procedures Section 1094.6. Under that provision, a petitioner may seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, only if the petition for writ of mandate pursuant to that section is filed no later than the 90th day following the date on which the City's decision becomes final. Note of Instruction Regarding the Notice of Exemption: Applicant is hereby advised to file the Notice of Exemption for the associated categorical exemption after the effective date. If filed, the form shall be filed with the County of Los Angeles, 12400 Imperial Highway, Norwalk, CA 90650, pursuant to Public Resources Code Section 21152 (b ). More information on the associated fees can be found online here: https://www.lavote.net/home/county-clerk/environmental-notices-fees. The best practice is to go in person and photograph the posted notice in order to ensure compliance. Pursuant to Public Resources Code Section 21167 (d), the filing of this notice of exemption starts a 35-day statute of limitations on court challenges to the approval of the project. Failure to file this notice with the County Clerk results in the statute of limitations, and the possibility of a CEQA appeal, being extended to 180 days. VINCENT P. BERTONI, AICP Director of Planning Reviewed by: enior City Planner P epared by: ,... DIR-2020-1859-SPP Page 10 of 10 12616 W Ventura Boulevard EXHIBIT D Environmental Clearance COUNTY CLERK’S USE CITY OF LOS ANGELES OFFICE OF THE CITY CLERK 200 NORTH SPRING STREET, ROOM 395 LOS ANGELES, CALIFORNIA 90012 CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF EXEMPTION (PRC Section 21152; CEQA Guidelines Section 15062) Filing of this form is optional. If filed, the form shall be filed with the County Clerk, 12400 E. Imperial Highway, Norwalk, CA 90650, pursuant to Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062. Pursuant to Public Resources Code Section 21167 (d), the posting of this notice starts a 35-day statute of limitations on court challenges to reliance on an exemption for the project. Failure to file this notice as provided above, results in the statute of limitations being extended to 180 days. PARENT CASE NUMBER(S) / REQUESTED ENTITLEMENTS DIR-2020-1859-SPP / Project Permit Compliance LEAD CITY AGENCY CASE NUMBER City of Los Angeles (Department of City Planning) ENV-2020-1860-CE PROJECT TITLE COUNCIL DISTRICT 2 PROJECT LOCATION (Street Address and Cross Streets and/or Attached Map) ☐ Map attached. 12614- 12618 W. Ventura Blvd. PROJECT DESCRIPTION: ☒ Additional page(s) attached. Change of use & remodel from retail to restaurant for an existing 1,300 sf retail space on the ground floor of a two-story, multi-tenant commercial bldg. Project results in 6 additional parking spaces that will be paid for cash-in-lieu per the Ventura/Cahuenga Specific Plan. NAME OF APPLICANT / OWNER: Steve Yaymayan CONTACT PERSON (If different from Applicant/Owner above) (AREA CODE) TELEPHONE NUMBER | EXT. Nareg Khodadadi 818-823-7286 EXEMPT STATUS: (Check all boxes, and include all exemptions, that apply and provide relevant citations.) STATE CEQA STATUTE & GUIDELINES ☐ STATUTORY EXEMPTION(S) Public Resources Code Section(s) ______ ☒ CATEGORICAL EXEMPTION(S) (State CEQA Guidelines Sec. 15301-15333 / Class 1-Class 33) CEQA Guideline Section(s) / Class(es) __Section 15301 / Class 1______ ☐ OTHER BASIS FOR EXEMPTION (E.g., CEQA Guidelines Section 15061(b)(3) or (b)(4) or Section 15378(b) ) ______ JUSTIFICATION FOR PROJECT EXEMPTION: ☒ Additional page(s) attached Minor change of existing retail space to restaurant use, no expansion of floor area. ☒ None of the exceptions in CEQA Guidelines Section 15300.2 to the categorical exemption(s) apply to the Project. ☐ The project is identified in one or more of the list of activities in the City of Los Angeles CEQA Guidelines as cited in the justification. IF FILED BY APPLICANT, ATTACH CERTIFIED DOCUMENT ISSUED BY THE CITY PLANNING DEPARTMENT STATING THAT THE DEPARTMENT HAS FOUND THE PROJECT TO BE EXEMPT. If different from the applicant, the identity of the person undertaking the project. CITY STAFF USE ONLY: CITY STAFF NAME AND SIGNATURE STAFF TITLE Marianne King City Planning Associate ENTITLEMENTS APPROVED Project Permit Compliance FEE: RECEIPT NO. REC’D. BY (DCP DSC STAFF NAME) $373 0110168135 Kenton Trinh DISTRIBUTION: County Clerk, Agency Record Rev. 3-27-2019 JUSTIFICATION FOR PROJECT EXEMPTION CASE NO. ENV-2020-1860-CE JUSTIFICATION FOR PROJECT EXEMPTION: Class 1 - Existing Facilities - consists of minor alteration of structures involving negligible or no expansion of use, including additions to existing structures that will not result in an increase of more than 50 percent of the floor area of the structure(s) before the addition or 2,500 square feet, whichever is less, and includes copy of new or existing signage. The project consists of a change of use from an existing 1,300 square foot retail space to a restaurant use on a commercially zoned lot that permits both uses, and includes minor interior and exterior remodel as well as potential for new signage and on-site parking lot re-stripe to accommodate 8 bicycle spaces. There is no new addition of floor area. As such the project qualifies for State CEQA Guidelines Class 1. Project Description: Project Permit Compliance Review to permit a change of use of a 1,300 square foot tenant space from retail to a restaurant use. The project includes minor changes to the interior and exterior tenant space, and is anticipated to include new signage and possible re-striping of the on-site parking area to include bicycle parking. As permitted per the underline Specific Plan (Ventura/Cahuenga Boulevard Corridor Specific Plan), monthly payment will be paid in lieu for six additional required parking spaces. There are five (5) exceptions to this Exemption which must be considered in order to find a project exempt under Class 1: (a) Cumulative Impacts; (b) Unusual Circumstances/Significant Effect; (c) Scenic Highways; (d) Hazardous Waste Sites; and (e) Historical Resources. (a) Cumulative Impacts According to ZIMAS case history, within the immediate area (500-foot radius) there have been six (6) cases for a Project Permit Compliance going back to 2003. Four of the cases were for new signs and two of the case were for façade remodels and new signage. It is also the case that a change of use, as long as the use is permitted in the zone and per the Specific Plan, can be administratively approved (i.e. without having to file for a Project Permit Compliance) if no additional parking is required or if it is required, that the parking can be provided on site. If the additional required parking cannot be provided on-site, the Specific Plan permits applicants to pay a monthly in-lieu fee for each deficient parking space. The in-lieu fees are reserved for transportation and/or parking improvements within the Specific Plan area. As a result, there are no significant cumulative impacts. Therefore, this exception to the Categorical Exemption does not apply. (b) Unusual Circumstances/Significant Effect The project is a change of use of an existing 1,300 square foot tenant space from retail to restaurant, and includes some interior and exterior remodeling, potential new signage and re- striping of the on-site parking lot. The change of use results in eight additional required parking spaces of which two spaces will be replaced with eight bicycle spaces as permitted per the municipal code and a monthly in-lieu fee will be paid for the six spaces as permitted per the Specific Plan. The project site is approximately 19,016 square feet and developed with a two- story commercial building on the front half with the rear half comprised of a steep upslope hill that is undeveloped and covered with vegetation and trees. No changes are proposed for the rear half of the lot. The project does not involve any major construction, excavation, or removal of trees. The site is located in an urban commercial area. The project does not exceed the ENV-2020-1860-CE Department of Transportation traffic thresholds, will not have any significant impacts to traffic, and does not require a traffic study. The project will not result in significant impacts related to air quality because it falls below interim air threshold established by DCP staff. Interim thresholds were developed by Department of City Planning staff 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. The project will be subject to Regulatory Compliance Measures (RCMs), which require compliance with the City of Los Angeles Noise Ordinance; pollutant discharge, dewatering, stormwater mitigations; and Best Management Practices for stormwater runoff. These RCMs will reduce any potential impacts on noise and water to less than significant. Thus, there are no unusual circumstances which may lead to a significant effect on the environment and this exception to the Categorical Exemption does not apply. (d) Scenic Highways Based on a review of the California Scenic Highway Mapping System (http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/), subject site is not located along an Officially Designated State Scenic Highway, nor are there any designated State Scenic Highways located near the project site. Based on this, the proposed project will not result in damage to scenic resources including trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. Therefore, this exception to the categorical exemption does not apply. (e) According to Envirostor, the State of California’s database of Hazardous Waste Sites (https://www.envirostor.dtsc.ca.gov/public/), and Geotracker, the State Water Resources Control Board database of regulated facilities (https://geotracker.waterboards.ca.gov/), neither the subject site, nor any site within 500 feet from the subject site, is identified as a hazardous waste site. (f) The project site has not been identified as a historic resource by local or state agencies, and the project site has not been determined to be eligible for listing in the National Register of Historic Places, California Register of Historical Resources, the Los Angeles Historic-Cultural Monuments Register, and/or any local register. In addition, the site was not found to be a potential historic resource based on the City’s HistoricPlacesLA website or SurveyLA, the citywide survey of Los Angeles. Based on this, the project will not result in a substantial adverse change to the significance of a historic resource and this exception does not apply. Therefore it can be found that the project meets the qualifications of the State CEQA Guidelines Class 1 and the project is exempt from CEQA.