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TENTATIVE TRACT MAP NO. 82880-CN (stamped map-dated November 6, 2019)

HEARING DATE: July 15, 2020

LOCATION: City Hall, 200 North Spring Street, 10th Floor, Los Angeles, CA 90012

PLANNING DEPARTMENT STAFF REPORT

PURSUANT TO ORDINANCE NO. 164,845, IF A CERTIFICATE OF POSTING HAS NOT BEEN SUBMITTED BEFORE THE DATE OF THE PUBLIC HEARING, IT MUST BE PRESENTED AT THE HEARING, OR THE CASE MUST BE CONTINUED.

REQUEST

Case No. ENV-2019-6652-CE - Pursuant to Section 21084 of the Public Resources Code, the project has been determined not to have a significant effect on the environment and shall, therefore, be exempt from CEQA under Article 19, Section 15332 (Class 32) of CEQA; and

Tentative Tract No. TT-82880-CN - Pursuant to Los Angeles Municipal Code (L.A.M.C.) Section 17.03, a Tentative Tract Map for the subdivision of one (1) lot into a 14-unit residential condominium,

SITE ADDRESS

606 North Manhattan Place

APPLICANT/REPRESENTATIVE

Applicant: Manhattan Place Project, LLC 528 Palisades Drive, Unit # 933 Pacific Palisades, CA 90272

Representative: Land Use Developers Corp 7136 Haskell Avenue, #320 Van Nuys, CA 91406 (213) 457-7178

RELEVANT CASES

ON-SITE:

Case No. DIR-2019-6651-TOC – The applicant has filed a concurrent request for a Transit Oriented Communities Director’s Case to allow for the construction of a new five-story, residential building consisting of 14 units (with two units set aside for VLI) containing nine (9) automobile parking spaces. Requested TOC incentives to allow for a 30% reduction in both side yards, and 30% reduction in required rear yard, and 11 additional feet in height.

OFF-SITE:

Ordinance No. 89358 – On April 23, 1945, the City Council approved Ordinance No. 89368 which established a 15-foot building line along Manhattan Place.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 2

Case No DIR-2018-4817-TOC – On August 20, 2019, an application for a Transit Oriented Communities project located at 611 North Manhattan Place was filed. No action has been taken.

Case No DIR-2018-7342-TOC –On April 10, 2019, the Director of Planning approved a Transit Oriented Communities project for 63 residential units located at 600-608 North Western Avenue; 4865 West Clinton Street.

Case No DIR-2019-553-TOC - On January 28, 2020, the Director of Planning approved a Transit Oriented Communities project for 10 residential units located at 607 North Manhattan Place.

Case No DIR-2019-7014-TOC - On March 4, 2020, the Director of Planning approved a Transit Oriented Communities project for 64 residential units located at 525 North Western Avenue.

PUBLIC RESPONSES

No public responses have been received.

GENERAL COMMENTS

The subject property is a level, regular-shaped, interior lot encompassing approximately 6,258.3 (approximately 0.14 acres). The project site has approximately 55 feet of frontage along the along the eastern side of Manhattan Place, with a depth of approximately 129 feet. The subject property is zoned R3-1 within the Wilshire Community Plan Area with a Medium Residential land use designation. The subject property is also located within the Transit Priority Area in the City of Los Angeles (ZI-2452) and Los Angeles State Enterprise Zone (ZI-2129).

The subject property is currently developed with a one story single-family home and garage that will be demolished as a result of the project. The applicant is requesting a Vesting Tentative Tract Map No. 82880-CN to permit the subdivision of one legal lot for the construction of a new 14-unit residential condominium building on a 6,258.3 square-foot lot in the R3-1 Zone. The proposed multi-family residential building is five stories and approximately 56 feet in total height. The project will include nine (9) residential automobile parking spaces located on the ground floor. In addition to vehicular parking, the building will have 16 bicycle parking spaces (14 long-term spaces and two short term spaces). Vehicular access to the project site will occur from a driveway on Manhattan Place.

The project site is located in a Methane Zone, nor is it located within any other special hazard, hillside or special grading area, or flood, landslide, or tsunami inundation zone. The project site is also subject to 15-foot building line that runs along Manhattan Place established by Ordinance No. 89358.

The subject property’s R3-1 zoning permits a maximum residential density of one dwelling unit per 800 square feet of lot area. As such, a maximum of eight (8) residential units would be allowed on the project site. The Height District-1 designation restricts the Floor Area Ratio (FAR) of the proposed development to a maximum of three (3) to one (1) with a maximum height of 45-feet. However, the applicant has submitted an application for a Transit Oriented Communities Affordable Housing Incentive Program project to allow a maximum 70% increase in density for a Tier 3 project totaling 14 dwelling units with two (2) units set aside as affordable housing units for Very Low Income (VLI) Households and a maximum height of 55-feet under Case No. DIR-2019- 6651-TOC.

The project site and the existing on-site structures have not been determined to be eligible for TENTATIVE TRACT MAP NO. 82880-CN PAGE 3

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; and was not found to be a potential historic resource based on the City’s HistoricPlacesLA website or SurveyLA, the citywide survey of Los Angeles. The subject property also currently contains 10 non-protected trees on-site and two (2) non-protected trees in the public right-of-way fronting along Manhattan Place. The proposed project involves the removal of the trees on-site and off-site to accommodate the residential development.

Surrounding properties are developed with a mix of single-family, multiple-family dwellings along Manhattan Place and commercial structures along Western Avenue. The adjacent properties to the north zoned R3-1 are developed with a mix of two-three story apartment buildings and one- story single-family homes. The east abutting properties along Western Avenue are zoned C2-1, and are developed with ground floor commercial and retail uses of mostly furniture stores. The abutting property immediately to the south is zoned R3-1 and is developed with a two-story eight- unit apartment building. The west abutting properties (across Manhattan Place) are zoned R3-1 and are developed with a mix of single family homes and multi-family dwellings.

STREETS AND CIRCULATION

Manhattan Place, adjoining the subject property to the west, is a designated Local Street dedicated to a width of 50 feet and improved with asphalt roadway, concrete curb, gutter, and sidewalk.

REPORTS RECEIVED

BUREAU OF ENGINEERING: Reports that the Tract Map layout is satisfactory as submitted and recommends approval subject to conditions pertaining to in a memo dated January 7, 2020. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

DEPARTMENT OF BUILDING AND SAFETY, GRADING DIVISION: Recommended that the project be required to comply with any requirements with the Department of Building and Safety, Grading Division for recordation of the final map and issuance of any permit. See recommended conditions in Draft Tentative Tract Report with Conditions.

DEPARTMENT OF BUILDING AND SAFETY, ZONING DIVISION: A clearance letter will be issued stating that no Building and Zoning Code violations exist on the subject site once the items identified in the memo dated January 9, 2020 have been satisfied. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

DEPARTMENT OF RECREATION AND PARKS: Recommends that the project be subject to conditions stated in the memo dated December 17, 2019. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

DEPARTMENT OF TRANSPORTATION: The Department of Transportation issued a letter for the project, dated January 6, 2020, regarding potential traffic access issues. See recommended conditions in the Draft Tentative Tract Report with Conditions under department.

FIRE DEPARTMENT: Recommends that the project be subject to conditions stated in the memo dated January 13, 2020. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 4

LOS ANGELES UNIFIED SCHOOL DISTRICT: No comments were available at the writing of the staff report.

DEPARTMENT OF WATER AND POWER: In a letter dated February 14, 2020, the Los Angeles Department of Water and Power stated that the tract can be supplied with water from the municipal system subject to the Los Angeles Department of Water and Power’s (LADWP) Water System Rules and requirements set forth in the enclosed report. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

BUREAU OF STREET LIGHTING: Recommends that the project be subject to conditions stated in the memo dated December 16, 2019. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

BUREAU OF SANITATION: In a letter dated December 16, 2019, the Bureau of Sanitation stated that their office has reviewed existing sewer/stormdrain lines in the area and found no potential problems to their structures or potential maintenance issues. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

BUREAU OF STREET SERVICES, URBAN FORESTRY DIVISION: Recommends that the project be subject to conditions stated in the memo dated January 25, 2020. See recommended conditions in Draft Tentative Tract Report with Conditions under department.

INFORMATION TECHNOLOGY AGENCY: No comments were available at the writing of the staff report.

ENVIRONMENTAL CLEARANCE

The Department of City Planning, on July 1, 2020, issued ENV-2019-6652-CE, and determined that the City of Los Angeles Guidelines for the Implementation of the California Environmental Quality Act designates the subject project as categorically exempt under Article 19, Section 15332 (Class 32) of CEQA.

TENANTS

The subdivider provided a Tenant Information Chart indicating that the existing single-family dwelling on the project site is vacant.

STAFF RECOMMENDATIONS

The Planning Department staff recommends that Tentative Tract Map No. 82880-CN be approved subject to the standard conditions and additional conditions in the Draft Tentative Tract Map Report with Conditions.

Prepared by:

Jordann Turner City Planner (213) 978-1365

Note: Recommendation does not constitute a decision. Changes may be made by the Advisory Agency at the time of the public hearing. TENTATIVE TRACT MAP NO. 82880-CN PAGE 5

DRAFT TENTATIVE TRACT REPORT WITH CONDITIONS

Manhattan Place Project, LLC (A) RE: Tentative Tract Map No.: 82880-CN 528 Palisades Drive, Unit # 933 Related Cases: DIR-2019-6651-TOC Pacific Palisades, CA 90272 Address: 606 North Manhattan Place Community Plan: Wilshire Land Use Developers Corp (R) Zone: R3-1 7136 Haskell Avenue, #320 Council District: 4 – Ryu Van Nuys, CA 91406 CEQA No.: ENV-2019-6652-CE (213) 457-7178

In accordance with provisions of Los Angeles Municipal Code (LAMC) Section 17.03, the Advisory Agency TBD Tentative Tract Map No. 82880-CN (map date-stamped November 6, 2019) located at 609 North Manhattan Place, for the subdivision and construction of a new five-story, approximately 6,258.3 square-foot building containing 14 residential condominium units and nine (9) parking spaces, in the Wilshire Community Plan. This unit density is based on the R3-1 Zone. (The subdivider is hereby advised that the LAMC may not permit this maximum approved density. Therefore, verification should be obtained from the Department of Building and Safety, which will legally interpret the Zoning code as it applies to this particular property.) For an appointment with the Development Services Center call (213) 482-7077, (310) 231-2598, or (818) 374-5050. The Advisory Agency’s consideration of the request is subject to the following conditions:

NOTE on clearing conditions: When two or more agencies must clear a condition, subdivider should follow the sequence indicated in the condition. For the benefit of the applicant, subdivider shall maintain record of all conditions cleared, including all material supporting clearances and be prepared to present copies of the clearances to each reviewing agency as may be required by its staff at the time of its review.

BUREAU OF ENGINEERING - SPECIFIC CONDITIONS

Any questions regarding these conditions should be directed to Mr. Georgic Avanesian of the Land Development Section, located at 201 North Figueroa Street, Suite 200, or by calling (213) 202-3484.

1. That a 5-foot wide strip of land be dedicated along Manhattan Place adjoining the subdivision to complete a 30-foot wide half public street right-of-way in accordance with Local Street Standards of LA Mobility Plan.

2. That the subdivider make a request to the Central District Office of the Bureau of Engineering to determine the capacity of the existing sewer in the area.

3. That any fee deficit under Work Order No. EXT00840 expediting this project be paid.

DEPARTMENT OF BUILDING AND SAFETY, GRADING DIVISION

Grading Division approvals are conducted at 221 North Figueroa Street, 12th Floor. The approval of this Tract Map shall not be construed as having been based upon geological investigation such as will authorize the issuance of building permits on the subject property. Such permits will be issued only at such time as the Department of Building and Safety has received such topographic TENTATIVE TRACT MAP NO. 82880-CN PAGE 6

maps and geological reports as it deems necessary to justify the issuance of such building permits.

4. Per Section 17.56 of the LAMC, each approved Tract Map recorded with the County Recorder shall contain the following statement: “The approval of this Tract Map shall not be construed as having been based upon geological investigation such as will authorize the issuance of building permits on the subject property. Such permits will be issued only at such time as the Department of Building and Safety has received such topographic maps and geological reports as it deems necessary to justify the issuance of such building permits.”

5. Comply with any requirement with the Department of Building and Safety, Grading Division for recordation of the final map and issuance of any permit.

DEPARTMENT OF BUILDING AND SAFETY, ZONING DIVISION

6. That prior to recordation of the final map, the Department of Building and Safety, Zoning Division shall certify that no Building or Zoning Code violations exist on the subject site. In addition, the following items shall be satisfied:

a. Provide a copy of City Planning case DIR-2019-6651-TOC and PAR- 2019-5365-TOC. Show compliance with all the conditions/requirements of the cases as applicable.

b. The submitted Map does not comply with the minimum 8 ft. side yard for the proposed 5-stories building in the R3 Zone. Revise the Map to show compliance with the above requirement or obtain approval from the Department of City Planning for the reduced side yard.

c. The submitted Map does not comply with the minimum 15 ft. rear yard for the proposed 5-stories building in the R3 Zone. Revise the Map to show compliance with the above requirement or obtain approval from the Department of City Planning for the reduced rear yard.

d. The submitted Map does not comply with the minimum 2 parking space per dwelling unit. Revise the Map to show compliance with the above requirement or obtain approval from the Department of City Planning for the reduced parking spaces.

e. The project does not comply with the allowable density requirement of the R3 Zone (800 s.f. of lot area/dwelling unit). Density shall be based on the final lot area after any required dedication is taken. Verify the lot area to show the proposed project complies with the allowable density. Revise the Map to show compliance with the above requirement or obtain approval from the Department of City Planning.

f. Show all street dedications as required by Bureau of Engineering and provide net lot area after all dedication. “Area” requirements shall be re-checked as per net lot area after street/alley dedication. Allowable density shall be required to comply with current code as measured from new property lines after dedications.

Notes:

The proposed project is within the Wilshire Center / Koreatown Redevelopment Project Area. TENTATIVE TRACT MAP NO. 82880-CN PAGE 7

The submitted Map may not comply with the number of guest parking spaces required by the Advisory Agency.

The proposed building plans have not been checked for and shall comply with Building and Zoning Code requirements. With the exception of revised health or safety standards, the subdivider shall have a vested right to proceed with the proposed development in substantial compliance with the ordinances, policies, and standards in effect at the time the subdivision application was deemed complete. Plan check will be required before any construction, occupancy or change of use.

If the proposed development does not comply with the current Zoning Code, all zoning violations shall be indicated on the Map.

An appointment is required for the issuance of a clearance letter from the Department of Building and Safety. The applicant is asked to contact Laura Duong at (213) 482-0434 to schedule an appointment.

DEPARTMENT OF RECREATION AND PARKS

Please contact RAP staff at (213) 202-2682 or [email protected] for any questions regarding the following:

7. That the Park Fee paid to the Department of Recreation and Parks be calculated as a Subdivision (Quimby in-lieu) fee based on 14 dwelling units.

DEPARTMENT OF TRANSPORTATION

Please contact DOT, (213) 482-7024 for any questions regarding the following:

8. A minimum of 20-foot reservoir space be provided between any security gate(s) and the property line or as shall be determined to the satisfaction of the Department of Transportation.

9. Parking stalls shall be designed so that a vehicle is not required to back into or out of any public street or sidewalk.

10. A parking area and driveway plan be submitted to the Citywide Planning Coordination Section of the Department of Transportation for approval prior to submittal of building permit plans for plan check by the Department of Building and Safety. Transportation approvals are conducted at 201 N. Figueroa Street Room 550. For an appointment, call (213) 482- 7024.

FIRE DEPARTMENT

11. Submittal of plot plans for Fire Department approval and review prior to recordation of Tract Map Action.

12. Access for Fire Department apparatus and personnel to and into all structures shall be required.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 8

a. One or more Knox Boxes will be required to be installed for LAFD access to the project location and number to be determined by the LAFD Field Inspector. (Refer to FPB Req #75).

b. 505.1 Address identification. New and existing buildings shall have approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.

c. Where above ground floors are used for residential purposes, the access requirement shall be interpreted as being the horizontal travel distance from the street, driveway, alley, or designated fire lane to the main entrance of individual units.

d. The entrance or exit of all ground dwelling units shall not be more than 150 feet from the edge of a roadway of an improved street, access road, or designated fire lane.

e. No building or portion of a building shall be constructed more than 150 feet from the edge of a roadway of an improved street, access road, or designated fire lane.

13. Policy Exception: LAMC 57.09.03.B Exception:

a. When this exception is applied to a fully fire sprinklered residential building equipped with a wet standpipe outlet inside an exit stairway with at least a 2 hour rating the distance from the west standpipe outlet in the stairway to the entry door of any dwelling unit or guest room shall not exceed 150 feet of horizontal travel AND the distance from the edge of the roadway of an improved street or approved fire lane to the door into the same exit stairway directly from outside the building shall not exceed 150 feet of horizontal travel.

b. It is the intent of this policy that in no case will the maximum travel distance exceed 150 feet inside the structure and 150 feet outside the structure. The term “horizontal travel” refers to the actual path of travel to be taken by a person responding to an emergency in the building.

c. This policy does not apply to single-family dwellings or to non-residential buildings.

14. Building designs for multi-storied residential buildings shall incorporate at least one access stairwell off the main lobby of the building; but, in no case greater than 150 feet horizontal travel distance from the edge of the public street, private street or Fire Lane. This stairwell shall extend onto the roof.

15. Entrance to the main lobby shall be located off the address side of the building.

16. Any required Fire Annunciator panel or Fire Control Room shall be located within 50 feet visual line of the site of the main entrance stairwell or to the satisfaction of the Fire Department.

17. Where rescue window access is required, provide conditions and improvements necessary to meet accessibility standards as determined by the Los Angeles Fire Department.

18. Site plans shall include all overhead utility lines adjacent to the site.

19. Any roof elevation changes in excess of 3 feet may require the installation of ships ladders.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 9

20. Smoke Vents may be required where roof access is not possible; location and number of vents to be determined at Plan Review.

21. 5101.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

The applicant is further advised that all subsequent contact regarding these conditions must be with the Hydrant and Access Unit. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assure that you receive service with a minimum amount of waiting please call (818) 482-6509. You should advise any consultant representing you of this requirement as well.

DEPARTMENT OF WATER AND POWER

22. Satisfactory arrangement shall be made with the Los Angeles Department of Water and Power (LADWP) for compliance with LADWP’s Water System Rules and requirements. Upon compliance with these conditions and requirements, LADWP’s Water Services Organization will forward the necessary clearances to the Bureau of Engineering. (This condition shall be deemed cleared at the time the City Engineer clears Condition No. S- 1.(c).)

BUREAU OF STREET LIGHTING

23. No street lighting improvements if no street widening per BOE improvement conditions. Otherwise, remove and reinstall existing conduit behind new curb and gutter on Manhattan place.

Notes:

The quantity of street lights identified may be modified slightly during the plan check process based on illumination calculations and equipment selection.

Conditions set: 1) in compliance with a Specific Plan, 2) by LADOT, or 3) by other legal instrument excluding the Bureau of Engineering conditions, requiring an improvement that will change the geometrics of the public roadway or driveway apron may require additional or the reconstruction of street lighting improvements as part of that condition.

BUREAU OF SANITATION

24. Satisfactory arrangements shall be made with the Bureau of Sanitation, Wastewater Collection Systems Division for compliance with its sewer system review and requirements. Upon compliance with its conditions and requirements, the Bureau of Sanitation, Wastewater Collection Systems Division will forward the necessary clearances to the Bureau of Engineering. (This condition shall be deemed cleared at the time the City Engineer clears Condition No. S-1. (d).

TENTATIVE TRACT MAP NO. 82880-CN PAGE 10

URBAN FORESTRY DIVISION AND THE DEPARTMENT OF CITY PLANNING

25. The applicant shall submit a tree report and a landscape plan prepared by a Tree Expert, as required by LAMC Ordinance No. 177,404, for approval by the City Planning and the Urban Forestry Division, Bureau of Street Services. The Tree Report shall contain the Tree Expert’s recommendations for the preservation of as many desirable (eight inches diameter or greater) trees as possible and shall provide species, health, and condition of all trees with tree locations plotted on a site survey. An on-site 1:1 tree replacement shall be required for the unavoidable loss of any desirable on-site trees.

26. Plant street trees and remove any existing trees within dedicated streets or proposed dedicated streets as required by the Urban Forestry Division of the Bureau of Street Services. Parkway tree removals shall be replanted at a 2:1 ratio. All street tree plantings shall be brought up to current standards. When the City has previously been paid for tree plantings, the subdivider or contractor shall notify the Urban Forestry Division at (213) 847- 3077 upon completion of construction to expedite tree planting.

Note: Removal or planting of any tree in the public right-of-way requires approval of the Board of Public Works. All protected tree removals must be approved by the Board of Public Works. Contact Urban Forestry Division at: 213-847-3077 for permit information. CEQA document must address parkway tree removals.

INFORMATION TECHNOLOGY AGENCY

27. To assure that cable television facilities will be installed in the same manner as other required improvements, please email [email protected] that provides an automated response with the instructions on how to obtain the Cable TV clearance. The automated response also provides the email address of 3 people in case the applicant/owner has any additional questions.

DEPARTMENT OF CITY PLANNING-SITE SPECIFIC CONDITIONS

28. Prior to the recordation of the final map, the subdivider shall prepare and execute a Covenant and Agreement (Planning Department General Form CP-6770) in a manner satisfactory to the Planning Department, binding the subdivider and all successors to the following:

a. A Certificate of Occupancy (temporary or final) for the building(s) in Tentative Tract Map No. TT-82880-CN shall not be issued until after the final map has been recorded.

b. Limit the proposed development to a maximum of 14 residential condominium units.

c. Prior to the issuance of a building permit or the recordation of the final map, a copy of DIR-2019-6651-TOC shall be submitted to the satisfaction of the Advisory Agency. In the event that DIR-2019-6651-TOC is not approved or is modified, the subdivider shall submit a tract modification.

d. That a solar access report shall be submitted to the satisfaction of the Advisory Agency prior to obtaining a grading permit.

e. That the subdivider considers the use of natural gas and/or solar energy and consults with the Department of Water and Power and Southern California Gas Company regarding feasible energy conservation measures. TENTATIVE TRACT MAP NO. 82880-CN PAGE 11

f. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material.

g. The applicant shall install shielded lighting to reduce any potential illumination affecting adjacent properties.

29. Prior to the clearance of any tract map conditions, the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section.

30. Indemnification and Reimbursement of Litigation Costs. Applicant shall do all of the following:

a. Defend 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 of annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim 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 judgment 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 interests, execute the indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition.

f. 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 TENTATIVE TRACT MAP NO. 82880-CN PAGE 12

condition. In the event that 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 include 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.

DEPARTMENT OF CITY PLANNING - STANDARD CONDOMINIUM CONDITIONS

C-1. That approval of this tract constitutes approval of model home uses, including a sales office and off-street parking. Where the existing zoning is (T) or (Q) for multiple residential use, no construction or use shall be permitted until the final map has recorded or the proper zone has been effectuated. If models are constructed under this tract approval, the following conditions shall apply:

1. Prior to recordation of the final map, the subdivider shall submit a plot plan for approval by the Division of Land Section of the Department of City Planning showing the location of the model dwellings, sales office and off-street parking. The sales office must be within one of the model buildings.

2. All other conditions applying to Model Dwellings under Section 12.22-A,10 and 11 and Section 17.05-O of the LAMC shall be fully complied with satisfactory to the Department of Building and Safety.

C-2. Prior to the recordation of the final map, the subdivider shall pay or guarantee the payment of a park and recreation fee based on the latest fee rate schedule applicable. The amount of said fee to be established by the Advisory Agency in accordance with LAMC Section 17.12 and is to be paid and deposited in the trust accounts of the Park and Recreation Fund.

C-3. Prior to obtaining any grading or building permits before the recordation of the final map, a landscape plan, prepared by a licensed landscape architect, shall be submitted to and approved by the Advisory Agency in accordance with CP-6730.

In the event the subdivider decides not to request a permit before the recordation of the final map, a covenant and agreement satisfactory to the Advisory Agency guaranteeing the submission of such plan before obtaining any permit shall be recorded.

C-4. In order to expedite the development, the applicant may apply for a building permit for an apartment building. However, prior to issuance of a building permit for apartments, the registered civil engineer, architect or licensed land surveyor shall certify in a letter to the Advisory Agency that all applicable tract conditions affecting the physical design of the TENTATIVE TRACT MAP NO. 82880-CN PAGE 13

building and/or site, have been included into the building plans. Such letter is sufficient to clear this condition. In addition, all of the applicable tract conditions shall be stated in full on the building plans and a copy of the plans shall be reviewed and approved by the Advisory Agency prior to submittal to the Department of Building and Safety for a building permit.

OR

If a building permit for apartments will not be requested, the project civil engineer, architect or licensed land surveyor must certify in a letter to the Advisory Agency that the applicant will not request a permit for apartments and intends to acquire a building permit for a condominium building(s). Such letter is sufficient to clear this condition.

BUREAU OF ENGINEERING - STANDARD CONDITIONS

S-1. (a) That the sewerage facilities charge be deposited prior to recordation of the final map over all of the tract in conformance with Section 64.11.2 of the LAMC.

(b) That survey boundary monuments be established in the field in a manner satisfactory to the City Engineer and located within the California Coordinate System prior to recordation of the final map. Any alternative measure approved by the City Engineer would require prior submission of complete field notes in support of the boundary survey.

(c) That satisfactory arrangements be made with both the Water System and the Power System of the Department of Water and Power with respect to water mains, fire hydrants, service connections and public utility easements.

(d) That any necessary sewer, street, drainage and street lighting easements be dedicated. In the event it is necessary to obtain off-site easements by separate instruments, records of the Bureau of Right-of-Way and Land shall verify that such easements have been obtained. The above requirements do not apply to easements of off-site sewers to be provided by the City.

(e) That drainage matters be taken care of satisfactory to the City Engineer.

(f) That satisfactory street, sewer and drainage plans and profiles as required, together with a lot grading plan of the tract and any necessary topography of adjoining areas be submitted to the City Engineer. (g) That any required slope easements be dedicated by the final map.

(h) That each lot in the tract complies with the width and area requirements of the Zoning Ordinance.

(i) That one-foot future streets and/or alleys be shown along the outside of incomplete public dedications and across the termini of all dedications abutting unsubdivided property. The one-foot dedications on the map shall include a restriction against their use of access purposes until such time as they are accepted for public use.

(j) That any one-foot future street and/or alley adjoining the tract be dedicated for public use by the tract, or that a suitable resolution of acceptance be transmitted to the City Council with the final map. TENTATIVE TRACT MAP NO. 82880-CN PAGE 14

(k) That no public street grade exceeds 15 percent.

(l) That any necessary additional street dedications be provided to comply with the Americans with Disabilities Act (ADA) of 1990.

S-2. That the following provisions be accomplished in conformity with the improvements constructed herein:

(a) Survey monuments shall be placed and permanently referenced to the satisfaction of the City Engineer. A set of approved field notes shall be furnished, or such work shall be suitably guaranteed, except where the setting of boundary monuments requires that other procedures be followed.

(b) Make satisfactory arrangements with the Department of Transportation with respect to street name, warning, regulatory and guide signs.

(c) All grading done on private property outside the tract boundaries in connection with public improvements shall be performed within dedicated slope easements or by grants of satisfactory rights of entry by the affected property owners.

(d) All improvements within public streets, private street, alleys and easements shall be constructed under permit in conformity with plans and specifications approved by the Bureau of Engineering.

(e) Any required bonded sewer fees shall be paid prior to recordation of the final map or that the construction be suitably guaranteed.

S-3. That the following improvements be either constructed prior to recordation of the final map or that the construction be suitably guaranteed:

(a) Construct on-site sewers to serve the tract as determined by the City Engineer.

(b) Construct any necessary drainage facilities.

(c) No Street Lighting required. No street lighting improvements if no street widening per BOE improvement conditions. Otherwise, remove and reinstall existing conduit behind new curb and gutter.

(d) Plant street trees and remove any existing trees within dedicated streets or proposed dedicated streets as required by the Urban Forestry Division of the Bureau of Street Maintenance. All street tree plantings shall be brought up to current standards. When the City has previously been paid for tree planting, the subdivider or contractor shall notify the Urban Forestry Division (213-485-5675) upon completion of construction to expedite tree planting.

(e) Repair or replace any off-grade or broken curb, gutter and sidewalk satisfactory to the City Engineer.

(f) Construct access ramps for the handicapped as required by the City Engineer.

(g) Close any unused driveways satisfactory to the City Engineer.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 15

(h) Construct any necessary additional street improvements to comply with the Americans with Disabilities Act (ADA) of 2010.

(i) That the following improvements be either constructed prior to recordation of the final map or that the construction be suitably guaranteed:

a. Improve Manhattan Place being dedicated and adjoining the subdivision by the construction of an additional concrete sidewalk within the newly dedicated area including any necessary removal and reconstruction of existing improvements.

NOTES:

The Advisory Agency approval is the maximum number of units permitted under the tract action. However the existing or proposed zoning may not permit this number of units.

Approval from Board of Public Works may be necessary before removal of any street trees in conjunction with the improvements in this tract map through Bureau of Street Services Urban Forestry Division.

Satisfactory arrangements shall be made with the Los Angeles Department of Water and Power, Power System, to pay for removal, relocation, replacement or adjustment of power facilities due to this development. The subdivider must make arrangements for the underground installation of all new utility lines in conformance with LAMC Section 17.05- N.

The final map must record within 36 months of this approval, unless a time extension is granted before the end of such period.

The Advisory Agency hereby finds that this tract conforms to the California Water Code, as required by the Subdivision Map Act.

The subdivider should consult the Department of Water and Power to obtain energy saving design features which can be incorporated into the final building plans for the subject development. As part of the Total Energy Management Program of the Department of Water and Power, this no-cost consultation service will be provided to the subdivider upon his request.

FINDINGS OF FACT (CEQA)

On July 1, 2020, the subject project was issued a Notice of Exemption (Subsection c, Section 2, Article II, City CEQA Guidelines), log reference ENV-2019-6652-CE, for a Categorical Exemption, Class 32 (Chapter 3, Article 19, Section 15332, State CEQA Guidelines). I hereby adopt that action.

CLASS 32 CATEGORICAL EXEMPTION

The proposed project qualifies for a Class 32 Categorical Exemption because it conforms to the definition of “In-fill Projects”. The project can be characterized as in-fill development within urban areas for the purpose of qualifying for Class 32 Categorical Exemption as a result of meeting the five conditions listed below.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 16

(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations:

The project site is located within the adopted Wilshire Community Plan, which is one of 35 Community Plans that make up the Land Use Element of the General Plan. The Community Plan designates the subject property with a land use designation of Medium Residential, with corresponding zone of R3. The subject property is zoned R3-1, and is thus consistent with the existing land use designation. The project adheres to all of the prescribed conditions of this ordinance. The project site is not within the boundaries of any other specific plan or interim control ordinance.

The project proposes the construction of a new five-story residential building with a maximum of 56 feet in height and with 14 residential units. The subject property is in a designated Tier 3 TOC area; through Base Incentives, the TOC Guidelines allow for Tier 3 properties up to a 70 percent increase in density, up to a 50% increase in FAR, and a reduction in parking requirements in exchange for providing a certain percentage of affordable housing units. The project utilizes and meets the requirements of these Base Incentives. Additionally, the applicant is requesting three Additional Incentives: (1) a reduction in required rear; (2) a 30 percent reduction in required side yard setback; and (3) up to an 11-foot increase in height. Based on the designated TOC Tier and percentage of affordable units, the project qualifies for up to three Additional Incentives. Therefore, through the approval of the request herein, the project would be in conformance with the TOC Guidelines, as well as all applicable zoning designations and development standards of the Los Angeles Municipal Code (LAMC). Additionally, no zone changes are proposed, and the project complies with all other regulations and requirements of the underlying zone. Therefore, the project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designation and regulations.

Furthermore, the project meets the following objectives and policies of the City’s Housing Element:

Objective 1.1: Produce an adequate supply of rental and ownership housing in order to meet current and projected needs.

Policy 1-1.4: Expand opportunities for residential development, particularly in designated Centers, Transit Oriented Districts and along Mixed-Use Boulevards.

Objective 2.2: Promote sustainable neighborhoods that have mixed-income housing, jobs, amenities, services, and transit.

Policy 2-2.1: Provide incentives to encourage the integration of housing with other compatible land uses.

Policy 2-2.2: Provide incentives and flexibility to generate new multi-family housing near transit and centers, in accordance with the General Plan Framework element, as reflected in Map ES.1.

Policy 2-2.3: Promote and facilitate a jobs/housing balance at a citywide level.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 17

Objective 2.4: Promote livable neighborhoods with a mix of housing types, quality design and a scale and character that respects unique residential neighborhoods in the City.

The proposed project adheres to, and reinforces the above objectives and policies of the Housing Element and is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses:

The project site is located in the Wilshire Community Plan area within Los Angeles city limits. The project site encompasses approximately 6,258 square feet of total lot area (approximately 0.14 acre). The site is in a built-up and previously developed area. The land use and zoning surrounding the subject site reflects a mix of multi-family and commercial uses (zoned R3-1 and C2-1). Therefore, the project will occur within city limits on a project site of no more than five acres substantially surrounded by urban uses.

(c) The project site has no value as habitat for endangered, rare or threatened species:

The project site is located in an urbanized area within the Wilshire Community Plan area. The project site is in an established neighborhood that has long been developed with urban residential uses and structures. There are no protected trees on the site or on the project’s public right-of-way, therefore the project site is unlikely to provide any valuable habitat. The addition of any street tree is subject to the review from the Bureau of Street Services, Urban Forestry Division. Additionally, the project site does not include any riparian areas or other sensitive plant communities, and it does not have substantive value as a habitat for endangered, rare, or threatened species. Therefore, the project site has no value as habitat for endangered, rare, or threatened species.

(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality:

Traffic. In regards to traffic, a significant impact may occur if the project conflicts with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The project site is approximately 0.14 acres and is developed with a single-family dwelling. The project involves the construction, use, and maintenance of a new five-story residential building with one level of at grade parking. The project will provide less than the 40-unit threshold established by DOT for residential apartment units.

Noise. In regards to noise, Noah Stanski Environmental Consulting (NSEC) prepared a Noise Analysis for the project on April 2020. The purpose of the study is to analyze the project’s noise impacts related to both temporary construction activity and long-term operation of the project. Developments within the vicinity consist primarily of multi-family dwellings and commercial uses. The nearest sensitive receptors to the project site are the adjacent multi-family residential uses to the north, south, east, and west of the project site.

In April 2020, NSEC took short-term noise measurements near the project site to determine the ambient noise conditions of the neighborhood near sensitive receptors. Noise levels are consistent with General Plan Noise Element guidelines for residential neighborhoods but are influenced by vehicle traffic on local streets or nearby arterials. TENTATIVE TRACT MAP NO. 82880-CN PAGE 18

Additionally, the project must comply with the City of Los Angeles Noise Ordinance No. 144,331 and 161,574 and any subsequent ordinances which prohibit the emission or creation of noise beyond certain levels. The Ordinances cover both operational noise levels (i.e. post-construction), as well as any noise impact during construction. Section 41.40 of the LAMC regulates noise from demolition and construction activities and prohibits construction activity (including demolition) and repair work, where the use of any power tool, device, or equipment would disturb persons occupying sleeping quarters in any dwelling hotel, apartment, or other place of residence, between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday, and between 6:00 p.m. and 8:00 a.m. on Saturdays and holidays; all such activities are also prohibited on Sundays. Section 112.05 of the LAMC also specifies the maximum noise level of construction machinery that can be generated in any residential zone of the city or within 500 feet thereof. As referenced in the Noise Analysis prepared by PES and attached to the subject environmental case file, as the project is required to comply with the above ordinances and regulations, it will not result in any significant noise impacts. Any noise arising from the construction of the project would be temporary in nature, would cease upon project completion, and are less than significant. Compliance with the applicable City ordinances and regulations will further limit the impacts of temporary construction noise.

The project will not generate permanent significant operational noise impacts. Thus, the project will not result in any significant permanent effects relating to noise.

Air Quality. The South Coast Air Quality Management District (SCAQMD) is the agency primarily responsible for comprehensive air pollution control in the South Coast Air Basin and reducing emissions from area and point stationary, mobile, and indirect sources. SCAQMD prepared the 2012 Air Quality Management Plan (AQMP) to meet federal and state ambient air quality standards. A significant air quality impact may occur if a project is inconsistent with the AQMP or would in some way represent a substantial hindrance to employing the policies or obtaining the goals of that plan. The proposed project will result in a net increase of 13 residential units and will not conflict with or obstruct the implementation of the AQMP and SCAQMD rules. Furthermore, as a residential development with 14 residential units, the project is expected to be far below the thresholds considered by SCAQMD to be potentially significant under CEQA guidelines. The applicant has estimated the project’s impact on air quality, using the CalEEMod 2016.3.2 model provided by SCAQMD, by comparing the estimated levels of criteria pollutants to significance thresholds provided by SCAQMD. As referenced in the Air Quality Analysis completed for the project by NSEC on April 2020 and attached to the subject environmental case file, the levels of emissions from the project are all projected to be far below the thresholds considered by SCAQMD to be potentially significant under CEQA guidelines (the report provides the full analysis and the CalEEMod output report dated April 2020 and attached to the subject environmental case file provides the air quality modeling results). Potential impacts related to air quality from such a project will be less than significant.

During construction, appropriate dust control measures would be implemented as part of the proposed project, as required by SCAQMD Rule 403 - Fugitive Dust. Specifically, Rule 403 control requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project Site, and maintaining effective cover over exposed areas.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 19

Best Management Practices will be implemented that would include (but not be limited to) the following:

• Unpaved demolition and construction areas shall be wetted at least three times daily during excavation and construction, and temporary dust covers shall be used to reduce emissions and meets SCAQMD Rule 403; • All dirt/soil loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; • General contractors shall maintain and operate construction equipment to minimize exhaust emissions; and • Trucks shall not idle but be turned off.

By implementing Best Management Practices, all construction-related impacts will be less than significant and temporary in nature. No permanent significant impacts are anticipated to occur from construction.

Water Quality. The project is not adjacent to any water sources and construction of the project will not impact water quality. The project is located in a long-established and heavily developed residential neighborhood and thus would not be expected to impact water quality. As a residential development, the project also will not generate, store, or dispose of substantial quantities of hazardous materials that could affect water quality. Construction activities would not involve any significant excavation near an identified water source. Furthermore, the project will comply with the City’s stormwater management provisions per LAMC 64.70. The project will be subject to Regulatory Compliance Measures and Best Management Practices, which will ensure that stormwater runoff meets the established water quality standards and waste discharge requirements and that the project does not have any significant impacts on water quality. Therefore, development of the proposed project would not degrade the quality of stormwater runoff from the site and would not result in any significant effects relating to water quality.

Moreover, a significant impact would occur if the project would: 1) exceed wastewater treatment requirements of the Los Angeles Regional Water Quality Control Board (LARWQCB), 2) increase water consumption or wastewater generation to such a degree that the capacity of facilities currently serving the project site would be exceeded, or 3) increase surface water runoff, resulting in the need for expanded off site storm water drainage facilities. All wastewater from the project would be treated according to requirements of the NPDES permit authorized by the LARWQCB. Therefore, the proposed project would result in a less than significant impact related to wastewater treatment requirements. Additionally, prior to any construction activities, the project applicant would be required to coordinate with the City of Los Angeles Bureau of Sanitation (BOS) to determine the exact wastewater conveyance requirements of the proposed project, and any upgrades to the wastewater lines in the vicinity of the project site that are needed to adequately serve the proposed project would be undertaken as part of the project. Therefore, the proposed project would not result in a significant impact related to water or wastewater infrastructure. Lastly, development of the proposed project would maintain existing drainage patterns; site generated surface water runoff would continue to flow to the City’s storm drain system. The proposed project would not create or contribute runoff water that would exacerbate any existing deficiencies in the storm drain system or provide substantial additional sources of polluted runoff. Therefore, the proposed project would not result in a significant impact related to existing storm drain capacities.

(e) The site can be adequately served by all required utilities and public services: TENTATIVE TRACT MAP NO. 82880-CN PAGE 20

The site is currently developed with residential uses in a highly urbanized area served by existing public utilities and services. The site is currently and adequately served by the City's Department of Water and Power, the City's Bureau of Sanitation, the Southern California Gas Company, the Los Angeles Police Department, the Los Angeles Fire Department, Los Angeles Unified School District, Los Angeles Public Library, and other public services. The site is also serviced by the LAPD’s Central Bureau, Rampart Division and the Central Bureau Fire Department. These utilities and public services have continuously served the neighborhood for several decades.

The project consists of the new construction of a residential building with 14 apartment units. As the project is located in a central, established, and relatively dense area of the city, the site can be adequately served by all required utilities and public services. In addition, the California Green Code requires new construction to meet stringent efficiency standards for both water and power, such as high-efficiency toilets, dual-flush water closets, minimum irrigation standards, and LED lighting. In addition, roof and site drainage as well as sewer availability must comply with Bureau of Engineering and Bureau of Sanitation standards; and hydrants, Fire Department Access, and Fire Safety must be reviewed and approved by the Los Angeles Fire Department before permits can be issued. Furthermore, the project must comply with all City Regulatory Compliance Measures (RCMs) that apply. As a result, the proposed project can be adequately served by all required utilities and public services.

EXCEPTIONS TO CATEGORICAL EXEMPTIONS

Planning staff evaluated the exceptions to the use of Categorical Exemptions for the proposed ordinance listed in “CEQA Guidelines” Section 15300.2 and determined that none of the exceptions apply to the proposed project.

(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

As the proposed project is not defined as a Class 3, 4, 5, 6 or 11 project, this exception is non-applicable. The project site in an urbanized area in the City of Los Angeles. The project site is not located in a particularly sensitive environment and is not located on a site containing wetlands, endangered species, or wildlife habitats.

Moreover, based on a review of the data reported on the Department of City Planning's ZIMAS for the subject property, the site is not located within an Airport Hazard Area, Coastal Zone, Farmland Area, Flood Area, High Wind Velocity Area, Oil Well Area, Liquefaction Zone, Landslide Zone, Very High Fire Hazard Severity Zone, Methane Hazard Site, or Preliminary Fault Rupture Study Area. According to ZIMAS, the project site is not located within the Alquist-Priolo Fault Zone but indicates that the site is located within 2.62 km from the nearest known fault (Puente Hills Blind Thrust). As such, exception (a) does not apply.

TENTATIVE TRACT MAP NO. 82880-CN PAGE 21

(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

This exception does not apply to the proposed project. The project involves the construction of a residential building with 14 residential units in an area previously developed and surrounded by residential and commercial uses. The project is entirely consistent with the existing General Plan designation and zoning, which accounts for the impacts of developments which are within their parameters, and as permitted by the TOC Guidelines. Any successive projects of the same type and nature would reflect a development that is consistent with the underlying land use designation and the LAMC, and thus would be subject to the same regulations and requirements, including development standards and environmental impacts. The impacts of each subsequent project will be mitigated, and thus will not result in a cumulative impact. Further, there is insufficient evidence to conclude that the proposed project will be under construction at the same time as projects within the vicinity. Thus, exception (b) does not apply.

(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

The project proposes to construct a new, residential use development with 14 units in an area zoned and designated for residential uses and with land use entitlement requests for such development. Properties in the vicinity are developed with multi-family and commercial. There are no special districts or other known circumstances that indicate a special or sensitive surrounding environment. Thus, there are no unusual circumstances which may lead to a significant effect on the environment.

(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

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 a 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, and this exception does not apply.

(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

This exception does not apply to the proposed project. The project site is not listed as a hazardous waste site on EnviroStor, California’s data management system for tracking hazardous waste sites. Additionally, the subject property is in a well-established residential neighborhood, and the surrounding area has long been developed with urban and primarily residential uses. Hazardous waste and materials would not be expected to pose a significant constraint on sites long developed with such uses. TENTATIVE TRACT MAP NO. 82880-CN PAGE 22

Additionally, the project site is not located within a Hazardous Waste/Border Zone Properties area as designated by the City of Los Angeles. There are also no oils, elevators, in-ground hydrologic systems, monitoring or water supply wells, or above- or below- ground storage tanks, or potentially fluid-filled electrical equipment on or immediately adjacent to the project site. No industrial wastewater is generated on the project site and sanitary wastewater is discharged to the City Bureau of Sanitation. Although the project site is located in a Methane Zone, the project will comply with any applicable developmental regulations. Therefore, this exception for a Categorical Exemption does not apply to this project.

(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The project site is located within Wilshire Community Plan. SurveyLA conducted a Historic Resources Survey Report for the Wilshire Community Plan Area that identified potential historic residential and commercial properties. There are no Historic Resources present on site. 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.

CONCLUSION

As outlined above, the project is consistent with the surrounding developments, including established surrounding residential uses, and is consistent with the existing General Plan designation, zoning, and requirements of the LAMC. The project will not generate a significant number of vehicle trips and will not result in any significant impacts to land use planning, environmental habitat, noise, air quality, or water quality. The project is located in an urbanized and long-developed area, and thus will be adequately served by all required public utilities and services.

In addition, as the project is in an urbanized area, it is not in a particularly sensitive environment, and will not impact an environmental resource of hazardous or critical concern that is designated, precisely mapped, or officially adopted by any federal, state, or local agency. The project will not result in any significant impacts and, therefore, will not make a cumulatively considerable contribution to any significant impacts that are not already accounted for by the General Plan. The project does not present any unusual circumstances, and would not constitute a substantial adverse change in the significance of a historic resource as defined by CEQA. Although the project site is located in a Methane Zone, The project will be required to comply with any applicable regulatory development measures, as well as those regarding methane hazards. Therefore, none of the possible exceptions to Categorical Exemptions, found in Section 15300.2 Exceptions, apply to this project, and as such, the project qualifies for a Class 32 Categorical Exemption.

FINDINGS OF FACT (SUBDIVISION MAP ACT)

In connection with the approval of Tentative Tract Map No. 82880-CN the Advisory Agency of the City of Los Angeles, pursuant to Sections 66473.1, 66474.60, .61 and .63 of the State of California Government Code (the Subdivision Map Act), makes the prescribed findings as follows:

(a) The proposed map will be/is consistent with applicable general and specific plans.

The General Plan is the City’s roadmap for future growth and development. The General Plan Elements establish goals, policies, purposes, and programs that provide for the TENTATIVE TRACT MAP NO. 82880-CN PAGE 23

regulatory environment in managing the City, and for addressing environmental concerns and problems. The majority of the policies derived from these elements are implemented in the form of Municipal Code requirements. The General Plan is comprised of the Framework Element, seven state-mandated elements, and four additional elements. The Framework Element establishes overall policy and direction for the General Plan.

The Land Use Element of the City’s General Plan divides the City into 35 Community Plans. The project site falls within the boundaries of the Wilshire Community Plan Area. Additionally, the Los Angeles Municipal Code (LAMC) implements the goals, objectives, and policies of the Community Plan through adopted zoning regulations. The Zoning Code regulates, but is not limited to, the maximum permitted density, height, and the subdivision of land. As, previously stated, the project site is located within the boundaries of the adopted Wilshire Community Plan. While the Wilshire Community Plan does not address subdivision explicitly, the plan does provide for land designations with corresponding zones.

The subject property is a level, regular-shaped, interior lot encompassing approximately 6,258.3 (approximately 0.14 acres). The project site has approximately 55 feet of frontage along the along the eastern side of Manhattan Place, with a depth of approximately 129 feet. The subject property is zoned R3-1 within the Wilshire Community Plan Area with a Medium Residential land use designation. The subject property is also located within the Transit Priority Area in the City of Los Angeles (ZI-2452) and Los Angeles State Enterprise Zone (ZI-2129).

The Tentative Tract Map describes and illustrates a land use consistent with the existing General Plan Land Use Designation of Medium Residential and R3-1 zoning of the site. The requested project is for the construction, use and maintenance of a new five-story 14- unit residential condominium building. The applicant has submitted a concurrent application for a Transit Oriented Communities Affordable Housing Incentive Program project to allow a maximum 70% increase in density for a Tier 3 project totaling 14 dwelling units with two (2) units set aside as affordable housing units for Very Low Income (VLI) Households and a maximum height of 55-feet under Case No. DIR-2019-6651-TOC.

Section 66411 of the Subdivision Map Act (Map Act) establishes that local agencies regulate and control the design of subdivisions. Chapter 2, Article I, of the Map Act establishes the general provisions for tentative, final, and parcel maps. The Tentative Tract Map was prepared by a Registered Professional Engineer and contains the required components, dimensions, areas, notes, legal description, ownership, applicant, and site address information as required by the Los Angeles Municipal Code (“LAMC”). The Tentative Tract Map has been filed for the purposes of the subdivision of one (1) lot for the subsequent construction, use, and maintenance of a five-story, 14-unit residential development.

The Los Angeles Municipal Code (LAMC) implements the goals, objectives, and policies of the Community Plan through adopted zoning regulations. The Zoning Code regulates, but is not limited to; the maximum permitted density, height, and the subdivision of land. The adopted Wilshire Community Plan does not address subdivision explicitly, however, the plan does provide for land designations with corresponding zones and the encouragement of the creation of condominium developments to create homeownership opportunities. The project is consistent with the following goal, objectives, and policies of the Wilshire Community Plan:

TENTATIVE TRACT MAP NO. 82880-CN PAGE 24

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

Objective 1-1: Provide for the preservation of existing quality housing, and for the development of new housing to meet the diverse economic and physical needs of the existing residents and expected new residents in the Wilshire Community Plan Area to the year 2010.

Policy 1-1.3: Provide for adequate Multiply Family residential development.

Objective 1-3: Preserve and enhance the varied and distinct residential character and integrity of existing residential neighborhoods.

Policy 1-3.1: Promote architectural compatibility and landscaping for new Multiple Family residential development to protect the character and scale of existing residential neighborhoods

Therefore, the proposed map is will be substantially consistent with the applicable General Plan affecting the project site and demonstrates compliance with Sections 17.01, 17.05- C, and 17.06-B of the Los Angeles Municipal Code.

(b) The design and improvement of the proposed subdivision are consistent with applicable general and specific plans.

Section 66418 of the Subdivision Map Act defines the term “design” as follows: “Design” means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. In addition, Section 66427 of the Subdivision Map Act expressly states that the “Design and location of buildings are not part of the map review process for condominium, community apartment or stock cooperative projects.”

Section 17.05-C of the Los Angeles Municipal Code enumerates design standards for subdivisions and requires that each subdivision map be designed in conformance with the Street Design Standards and in conformance to the General Plan. Section 17.05-C, third paragraph, further establishes that density calculations include the areas for residential use and areas designated for public uses, except for land set aside for street purposes (“net area”). LAMC Section 17.06-B lists the map requirements for a tentative tract map. The proposed project complies with the requirements of both the tentative tract map and a residential condominium subdivision. The project site is not located in a flood zone, very high fire hazard severity zone, liquefaction, a landslide area, or a Methane Zone.

The design and improvement of the proposed Tentative Tract Map are consistent with the design standards established by the Subdivision Map Act and Division of Land Regulations of the Los Angeles Municipal Code as well as the Wilshire Community Plan and are not subject to any Specific Plan requirements. For the purposes of approving a subdivision, the “design” of the tract map refers to the configuration and layout of the proposed lots in addition to the proposed site plan layout and building design. Easements TENTATIVE TRACT MAP NO. 82880-CN PAGE 25

and/or access and “improvements” refer to the infrastructure facilities serving the subdivision. Several public agencies, including the Bureau of Engineering, the Department of Building and Safety, and the Los Angeles Department of Transportation, have reviewed the map and found the subdivision design satisfactory. These agencies have imposed improvement requirements and/or conditions of approval. The subdivision will be required to comply with all regulations pertaining to grading, building permits, and street improvement permit requirements. Conditions of Approval for the design and improvement of the subdivision are required to be performed prior to the recordation of the tract map, building permit, grading permit, or certificate of occupancy. Therefore, as conditioned, the design and improvement of the proposed subdivision is consistent with the intent and purpose of the Wilshire Community Plan and the General Plan.

(c) The site is physically suitable for the proposed type of development.

The subject property is a level, regular-shaped, interior lot encompassing approximately 6,258.3 (approximately 0.14 acres). The project site has approximately 55 feet of frontage along the along the eastern side of Manhattan Place, with a depth of approximately 129 feet. The subject property is zoned R3-1 within the Wilshire Community Plan Area with a Medium Residential land use designation. The subject property is also located within the Transit Priority Area in the City of Los Angeles (ZI-2452) and Los Angeles State Enterprise Zone (ZI-2129).

The subject property is currently developed with a one story single-family home and garage that will be demolished as a result of the project. The applicant is requesting a Vesting Tentative Tract Map No. 82880-CN to permit the subdivision of one legal lot for the construction of a new 14-unit residential condominium building on a 6,258.3 square- foot lot in the R3-1 Zone. The proposed multi-family residential building is five stories and approximately 56 feet in total height. The project will include nine (9) residential automobile parking spaces located on the ground floor. In addition to vehicular parking, the building will have 16 bicycle parking spaces (14 long-term spaces and two short term spaces). Vehicular access to the project site will occur from a driveway on Manhattan Place.

The project site is located in a Methane Zone, nor is it located within any other special hazard, hillside or special grading area, or flood, landslide, or tsunami inundation zone. The project site is also subject to 15-foot building line that runs along Manhattan Place established by Ordinance No. 89358.

The subject property’s R3-1 zoning permits a maximum residential density of one dwelling unit per 800 square feet of lot area. As such, a maximum of eight (8) residential units would be allowed on the project site. The Height District-1 designation restricts the Floor Area Ratio (FAR) of the proposed development to a maximum of three (3) to one (1) with a maximum height of 45-feet. However, the applicant has submitted an application for a Transit Oriented Communities Affordable Housing Incentive Program project to allow a maximum 70% increase in density for a Tier 3 project totaling 14 dwelling units with two (2) units set aside as affordable housing units for Very Low Income (VLI) Households and a maximum height of 56-feet under Case No. DIR-2019-6651-TOC.

The project involves associated grading, which will result in the grading of less than 500 cubic yards of earth. The Department of Building and Safety, Grading Division, will require that the project satisfy the requirement of the City’s Grading Regulations as enumerated in Section 91.3000 of the Los Angeles Municipal Code. The project site does not fall within the City of Los Angeles Hillside Area, or BOE Special Grading Area and is not located in a liquefaction, earthquake-induced landslide, or fault-rupture hazard zone. Furthermore, TENTATIVE TRACT MAP NO. 82880-CN PAGE 26

conditions have been recommended and included to ensure that the development site is physically suitable, per the Department of Building and Safety, Grading Division. Therefore, material evidence supports that the site will be physically suitable for the proposed type of development.

On July 1, 2020, the Department of City Planning issued ENV-2019-6652-CE and determined that the project is Categorically Exempt from environmental review pursuant to Chapter 3, Article 19, Section 15332 (Class 32) of the State CEQA Guidelines. This exemption is for infill developments meeting the following five criteria: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. Planning staff also evaluated the exceptions to the use of categorical exemptions for the proposed project listed under “CEQA Guidelines” Section 15300.2 and determined that none of the exceptions apply to the proposed project. Therefore, material evidence supports that the project site is physically suitable for the proposed type of development.

(d) The site is physically suitable for the proposed density of development.

The General Plan (through its Community and Specific Plans) identifies geographic locations where planned and anticipated densities are permitted. Zoning applying to subject sites throughout the City, are allocated based on the type of land use, physical suitability, and population growth that is expected to occur.

The Land Use Element of the City’s General Plan divides the City into 35 Community Plans. The project site falls within the boundaries of the Wilshire Community Plan Area. Additionally, the Los Angeles Municipal Code (LAMC) implements the goals, objectives, and policies of the Community Plan through adopted zoning regulations. The Zoning Code regulates, but is not limited to, the maximum permitted density, height, and the subdivision of land. Although the adopted Wilshire Community Plan does not address subdivisions explicitly, the plan does provide for land use designations with corresponding zones. The Wilshire Community Plan Area Map designates the subject property for Medium Residential land use corresponding to the R3 Zone. The subject property’s R3-1 zoning is thus consistent with the General Plan’s land use designation for the site. The subject property is not located within the boundaries of or subject to any specific plan, community design overlay, or interim control ordinance.

The Tentative Tract Map for the proposed development of a residential condominium building describes and illustrates a land use consistent with the existing zoning and General Plan land use designation of the project site. Apartments, condominiums, and other multi-family residential uses are permitted in the R3 Zone and Medium Residential land use designation. The proposed 14-unit residential condominium development is contingent upon approval of Case No. DIR-2019-6652-TOC. As such, the construction of 14 dwelling units would be consistent with the land use designation of the site and the applicable zoning of the site.

The project site is not located in a flood zone, very high fire hazard severity zone, liquefaction or a landslide area. Although the project is located within a methane, this alone would not affect the proposed density of development as the project would be required to TENTATIVE TRACT MAP NO. 82880-CN PAGE 27

comply with any applicable regulatory measures. There are no other known physical impediments or hazards that would be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the project is located. Therefore, the site is physically suitable for the proposed density of development.

(e) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Both the project site and the surrounding area are densely urbanized, where properties have been developed and improved with residential and commercial buildings for several decades. The project site and its surrounding area are not suited, nor provide, a natural habitat for either fish or wildlife. As such, the proposed design of the subdivision and the proposed improvements are not anticipated to cause any substantial damage or substantially and avoidably injure fish or wildlife or their habitat. The entitlement request is for an approval of a Tentative Tract Map to permit the subdivision of one (1) lot into a five-story, 14-unit condominium development. Additionally, the project was identified as being Categorically Exempt from further CEQA review pursuant to Class 32 for infill development, and that it would not result in significant impacts relating to biological resources. As such, the project will not cause substantial environmental damage or injury to wildlife or their habitat.

(f) The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.

The proposed subdivision, and subsequent improvements, are subject to the provisions of the Los Angeles Municipal Code (e.g., the Fire Code, Planning and Zoning Code, Health and Safety Code) and the Building Code. Other health and safety related requirements, as mandated by law, would apply where applicable to ensure the public health and welfare (e.g., asbestos abatement, seismic safety, flood hazard management).

The project is not located on a hazardous materials site or flood hazard area. The project would not place any occupants or residents near a hazardous materials site or involve the use or transport of hazardous materials or substances. The subject site is located in a zone designated for residential uses and proposes the subsequent use of the site for residential uses. Although the project is located within a methane zone, the project would be required to comply with any applicable regulatory development measures regarding methane hazards. There are no other known physical impediments or hazards that would be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the project is located.

Additionally, the area surrounding the subject property is fully developed with similar uses, indicating that sewers and other services are available. The proposed development will be required to be connected to the City’s Sewer System, to the satisfaction of the Bureau of Sanitation’s Wastewater Collection Systems Division. Therefore, the design of the subdivision and the proposed improvements are not likely to cause serious public health problems.

(g) The design of the subdivision and the proposed improvements will not conflict with easements acquired by the public at large for access through or use of property TENTATIVE TRACT MAP NO. 82880-CN PAGE 28

within the proposed subdivision.

There are no recorded instruments identifying easements encumbering the project site for the purpose of providing public access. The project site contains a legally recorded lot identified by the Assessor Parcel Number: 5522-010-011. The site is surrounded by private properties that adjoin improved public streets and sidewalks designed and improved to the specific requirements of the Los Angeles Municipal Code for providing public access throughout the area. The project site does not adjoin or provide access to a public resource, natural habitat, public park, or any officially recognized public recreation area. Needed public access for roads and utilities will be acquired by the City prior to the recordation of the proposed tract map. Therefore, the design of the subdivision and the proposed improvements would not conflict with easements acquired by the public at-large for access through or use of the property within the proposed subdivision.

(h) The design of the proposed subdivision will provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (ref. section 66473.1)

In assessing the feasibility of passive or natural heating or cooling opportunities in the proposed subdivision design, the applicant has prepared and submitted materials which consider the local climate, contours, configuration of the parcels to be subdivided, and other design and improvement requirements. A preliminary solar report, dated October 4, 2019, was submitted with the tract application. The report considers the feasibility of solar energy for the project and concludes that the local climate is conducive to the use of solar energy. A final solar report providing additional information will be submitted to the Advisory Agency prior to the recordation of the final map.

Providing for passive or natural heating or cooling opportunities will not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in effect at the time the tentative tract map was filed. Prior to obtaining a building permit, the subdivider shall consider building construction techniques, such as overhanging eaves, location of windows, insulation, exhaust fans, planting of trees for shade purposes, and the height of buildings on the site in relation to adjacent development.

These findings shall apply to both the tentative and final maps for Tentative Tract Map No. 82880-CN.