Los Angeles CITY PLANNING COMMISSION 200 N

TRANSMITTAL TO CITY COUNCIL

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CPC-2009-0113-VZC-CUB-CU-ZAD JIM TOKUNAGA (213) 978-1309 5

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ZONE CHANGE, CONDITIONAL USE, ZA DETERMINATION Yes D No D

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100 N. LA CIENEGA BLVD.

C C C e C C e BEVCON I, LLC CRAIG LAWSON & CO. 8489 W. THIRD STREET SUITE 1102 KATHERINE CASEY LOS ANGELES, CA 90048 8758 VENICE BLVD. 323-801-2364 LOS ANGELES, CA 90012 310-838-2400

The construction, remodeling, renovation of an existing 332,574 square foot commercial center (Beverly Connection) that will increase the floor area to 345,540 square feet with a maximum height of 45-feet. The project will include replacement of new retail building on Beverly Boulevard (former movie theater space), conversion of office space to retail space, reconfiguration of tenant space, and other interior tenant improvements. The project site is 423,206 square feet.

Fiscal Impact Statement Commission Vote: *Determinationstatesadministrativecosts Yes ~ No 0 are recovered through fees, ENV-2009-109-MND 5-0

.\Vc-- g1f.~ " JUN 1 92009 JAMES WILyfAM ,C: m ion Executive Assistant I Date:

C:\Documen~ Setlings\jwilliam\Desktop\CPC-2009-0113-VZC-CUB-CU JTOKUNAGA\COUNCIL TRANSMITIAL FORMedoc Los Angeles CITY PLANNING COMMISSION 200 N. Spring Street, Room 272, Los Angeles, California, 90012-4801, (213) 978-1300 www.lacity.org/PLN/index.htm

Determination Mailing Date: MAY 27 2009 _

Department of Building and Safety CASE NO. CPC 2009-0113-VZC-CUB-CU-ZAO 201 N. Figueroa Street Location: 100 N. LA Cienega Boulevard Counter B, Fourth Floor Council District: NO.5 Plan Area: Wilshire Request(s): Zone Change-Conditional Use- Applicant: Bevcon I, LLC Zoning Administrator's Determination

At its meeting on May 14, 2009 the following action was taken by the City Planning Commission:

1. Approved and Recommended a Vesting Zone Change from [Q]C2-1VL and [Q]C1.5-1VL to [TJ[Q]C2-1VL. 2. Approved a Conditional Use to permit the sale and/or dispensing of alcoholic beverages for consumption on the premises and/or off-site in conjunction with a total of 8 existing and proposed uses (three existing to remain and five proposed). 3. Approved a Conditional Use to permit the following deviations for a commercial corner development: a. Restaurant uses to operate Sunday through Thursday between the hours of 6:00 AM and 11:00 PM and Friday and Saturday between the hours of 6:00 AM and 1:00 AM. b. Existing drug store and one market to operate 24 hours per day, seven days a week. c. Deviations from the following development standards of Section 12.22.A.23(a): • To permit existing and proposed commercial parking on-site to include tandem parking spaces with parking attendant. • To permit existing pole signs to remain. • To permit portions of the existing and proposed developmentto include less than the minimum 5-foot planted area along all street frontages. 4. Approved Shared Parking of a total of 1,448 on-site parking spaces between all of the current and proposed commercial/retail uses located on the subject site. 5. Waived street widening requirements along La Cienega Boulevard, Beverly Boulevard, and 3rd Street as required by the of the Bureau of Engineering 6. Adopted ENV-2009-1 09-MND as the Mitigated Negative Declaration for the project. 7. Adopted the attached findings. 8. Recommended that the applicant be advised that the time limits for effectuation of a zone in the 'T' Tentative classification or "Q" Qualified classification are specified in Section 12.32. G of the LAMC. Conditions must be satisfied prior to the issuance of building permits and, that the "T" Tentative classification shall be removed in the manner indicated on the attached page. 9. Advised the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

Fiscal Impact Statement: There is no General Fund impact as administrative costs are recovered through fees. CPC 2005-0113-VZC-CUB-CU-ZAD 2

This action was taken by the following vote:

Moved: Kezios Seconded: Cardoso Ayes: Freer, Roschen, VVoo Absent: Burton, Hughes, Montanez

Vote: "

mmission Executive Assistant I ission

A eals/Effec"ve ates: The Commission's determination on the Conditional Use (Alcoholic Beverages and mmercial Corner Review) and Shared Parking will be final 20 days from the mailing date of this determination unless an appeal is filed to the City Council within that time. If the Commission has disapproved the zone change request, in whole or in part, the applicant may appeal that disapproval to the Council within 20 days after the mailing date of this determination. Any appeal not filed within the 20-day period shall not be considered by the Council. All appeals shall be filed on forms provided at the Planning Department's Public Counters at 201 N. Figueroa Street, Fourth Floor, Los Angeles, or at 6262 Van Nuys Boulevard, Suite 251, Van Nuys.

FINAL APPEAL __ J_U_N_l_6_2_0D_9 _

If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits which also affect your ability to seek judicial review. CPC 2005-0113-VZC·CUB·CU·ZAD C-1

CONDITIONS OF APPROVAL CONDITIONAL USE, SHARED PARKING DETERMINATION

A. Commercial Corner Conditions. The project shall comply with all of the provisions of the Mini Shopping Center and Commercial Corner Development Standards contained in Section 12.22.A.23, except as varied by the following conditions:

1. Hours/Days of Operation. Restaurant uses shall be permitted to operate Sunday through Thursdays between the hours of 6:00 am and 11:00 pm, and Friday and Saturday between the hours of 6:00 am and 1:00 am. One market and one drug store shall be permitted to operate 24-hours, 7-days a week. All other commercial uses shall operate between the hours of 7:00 am and 11:00 pm, 7-days a week.

2. Height. The subject project shall comply with the following height provisions:

a. All buildings and the parking structure shall not exceed 45-feet in height, except that elevator shafts, stairways, and mechanical equipment enclosures may be permitted per Section 12.21.1.B3(a) and (b) of the Municipal Code.

b. All roof top equipment (air conditioning/ventilation systems, mechanical equipment) shall be screened from view of adjacent residential properties to the east. Such equipment shall be designed or located to direct emissions (noise, fumes, etc.) away from the residential area and to minimize these emissions in compliance with all applicable noise and air pollution regulations.

3. Windows. Pursuant to Section 12.22.A.23(a)(3) of the Municipal Code, the exterior walls and doors of the site's cumulative ground floor street facade shall consist of at least fifty percent transparent windows unless otherwise prohibited by law.

4. Tandem Parking. Tandem parking shall be permitted in the commercial parking structure for employees and patrons, provided an attendant is available at all times during the hours of commercial/retail operation.

5. Landscaping Setback. A minimum five-foot landscape setback shall not be required along all street frontages of the lot. There shall be a to-toot setback maintained between the easterly property line and the parking structure. Landscaping with mature, fully canopied trees (minimum 48-inch box trees) shall be provided within this setback area in accordance with a landscape plan approved by the Planning Department.

B. Alcoholic Beverages Conditions

1. The conditional use authorization granted herein for the sale or dispensing for consideration of alcoholic beverages for off-site and on-site consumption shall be limited to a total of eight (8) licenses. The breakdown of the licenses are as follows: three (3) full line of alcoholic beverages for off-site consumption in conjunction with an existing retail drug store and two new retail uses; two (2) full line of alcoholic beverages for on-site consumption in conjunction with two restaurants; and three (3) beer and wine licenses for on-site consumption in conjunction with three restaurants. Individual licenses for the new establishments and any establishments to be replaced shall be effectuated through a Plan Approval process consistent with LAMC Section 12.24.M. Any new request for additional licenses or changes in type of license shall require a new conditional use application. CPC 2005-0113-VZC-CUB-CU-ZAD C-2

2. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Department of City Planning to impose additional corrective conditions if the Director of Planning determines such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

3. A copy of the first page of this grant and all conditions and/or any subsequent appeal of this grant and its resultant conditions and/or letters of clarification shall be included in and printed on the "notes" portion of the building plans submitted to the Department of City Planning and the department of Building and Safety for purposes of having a building permit.

4. The applicant or individual operator shall file a plan approval with the Department of City Planning prior to the utilization of any grant made herein pursuant to the sale of alcoholic beverages. Each plan approval shall be accompanied by the payment of appropriate fees, pursuant to Section 19.01 C of the Municipal Code, and must be accepted as complete by the Department of City Planning. Mailing labels shall be provided by the applicant for all abutting property owners. In reviewing the plan approvals for alcohol sales, the Director of Planning may consider conditions volunteered by the applicant or suggested by the Police Department, but not limited to establishing conditions, as applicable, on the following; hours of operation; security plans, maximum seating capacity; valet parking; noise; mode, character and nature of the operation; food service and age limits.

5. Prior to the issuance of any permits relative to this matter, the applicant shall submit an overall security plan for the project site which shall be prepared in consultation with the Los Angeles Police Department and which addresses security measures for the protection of visitors, employees, and residents. Security features may include but not be limited to provisions of a private on-site security force, installation of a surveillance system, parking garage patrols, and security lighting. Under the plan approval process for certain of the proposed uses, individual security plans for each use may also be considered and required.

6. No live entertainment of any type, including but not limited to live music, disc jockey, karaoke, topless entertainment, male or female performers, dancing, or piano bar are permitted. Any music shall not be audible beyond the restaurant premises. No amplified music is permitted.

7. No pool tables, jukebox or coin operated electronic, video, or mechanical amusement devices, shall be maintained on the premises.

8. The applicant/owner shall insure that a state licensed security guard contracted for the retail portion of the project patrols the market, drug store, and restaurants on a regular basis.

9. These conditions of approval shall be retained on the subject property at all times and shall be produced immediately upon request of the Police Department, Department of Building and Safety, or other enforcement agency.

10. The applicant/owner shall be responsible for maintaining the area adjacent to the premises over its control free of litter, including any parking area used specifically by patrons.

11. A kitchen shall be maintained in the restaurants in accordance with the definition of such in the Municipal Code. Food service shall be available at all times that the restaurant is open for business. CPC 2005-0113-VZC-CUB-CU-ZAD C-3

12. The applicant/owner and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the facility to discourage illegal and criminal activities on the subject premises and any accessory parking areas over which they exercise control.

C. Determination for Shared Parking.

1. Shared Parking (Commercial). There shall be a combined total of 1,448 shared parking spaces at all times for the 345,540 square feet of commercialfretail space for use by employees, patrons, and the general public, including parking vehicles on-site by means of a valet parking system. Up to 50% of the parking spaces may be designated for compact cars. All of the 1,448 shared parking spaces shall be maintained in perpetuity for the use of employees and patrons of the entire Beverly Connection (including the North and South Lots), and the general public, by a recorded covenant suitable to the Planning Department and filed with the Department of Building and Safety. In recognition of the possibility that subsequent actions of the City Council, City Planning Department, City Engineer, and/or the Department of Building and Safety, may result in revisions to the overall parking layout plan, the Director of Planning shall have the authority, upon request of the Applicant, to adjust the exact number of shared parking spaces within a range of up to (5) percent of the approved 1,448 spaces. In addition, the following conditions shall be complied with:

a. Free on-site parking shall be provided for employees of all businesses within the commercial development, which shall be specified as a part of the tenant lease agreements. At a minimum of once annually, all employees shall be notified not to park on adjoining residential streets.

b. As volunteered by the applicant, commercial patron parking shall -not exceed the parking policies and rates of the Beverly Center Shopping Center on the west side of La Cienega Boulevard.

c. The roof level of the parking structure shall be reserved for employee parking with employees specifically required to use such spaces through signage or other devices utilized to indicate that patron parking is prohibited in such reserved areas.

d. The upper level (roof) of the parking structure shall be closed to entry between the hours of 10:00 p.m. and 7:00 a.m.

e. Valet parking for the commercial uses shall be made available during the annual winter holiday season between the day after Thanksgiving through New Years Day. The valet parking may be tandem parking provided there is a live attendant present at all times during its operation. However the option to self-park shall always be available. Tandem parking for commercial users shall be permitted in the commercial parking structure at all times provided an attendant is available at all times during the hours of commercial/retail operation.

f. There shall be no reserved or restricted parking spaces, all parking spaces shall be shared.

g. In no event shall the parking structure be operated as an automobile storage facility, but shall be maintained as a retail/commercial parking facility.

h. In addition to providing 1,448 striped on-site parking spaces, the Applicant shall make available on-site parking for up to 100 vehicles within the existing parking CPC 2005-0113-VZC-CUB-CU-ZAD C-4

structure via a valet parking system for use by businesses located on or near West 3rd Street including through the proposed West 3rd Street Public Valet Program. In general, these spaces shall be in striped and adjacent spaces in the basement level of the parking structure. At the Applicant's discretion, spaces may be offered from time to time within non-striped circulation patterns provided an attendant is available at all times during such operation. To the extent that the City or another entity implements the West 3rd Street Public Valet Program, the charge for using this parking capacity is offered at no cost for the first year of the Program commencing no later than September 1, 2009. Thereafter, for the duration of the Program, the charges shall not exceed the applicable rates paid by shopping center patrons. Upon request of the Applicant, the Director of Planning shall have the authority to reduce the number of vehicles allowed to park in the existing parking structure pursuant to the West 3rd Street Public Valet Program, and to pro-rate the monthly charges to reflect any future reduction.

2. Parking Management Plan. Prior to the issuance of a Certificate of Occupancy, a parking management plan shall be submitted to the Department of Transportation and the City Planning Department for approval on consultation with the appropriate Council Office. Where applicable, such plan shall incorporate attendant parking, validation program, employee parking, and similar parking programs set forth in the conditions of approval.

D. Administrative Conditions.

1. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning for placement in the subject file.

2. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are modified.

3. Covenant. Prior to the issuance of any permits relative to this matter, and agreement concerning all the information contained in these conditions shall be receded in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder's number and date shall be provided to the Department of City Planning for attachment to the file.

4. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation.

5. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency's successor and in accordance with any stated laws or regulations, or any amendments thereto.

6. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety. CPC 2005-0113-VZC-CUB-CU-ZAD C-5

7. Corrective Conditions. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if, in the Commission's opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

8. Utilization of Entitlement. The applicant/owner shall have a period of two years from the effective date of the subject grant to effectuate the terms of this entitlement by either securing a building permit or a certificate of occupancy for the authorized use, or unless prior to the expiration of the time period to utilize the privileges, the applicant files a written request and is granted an extension to the termination period for up to one additional year pursuant to Sections 12.24.J.3 and 12.28.C, of the Municipal Code. Thereafter, the entitlement shall be deemed terminated and the property owner shall be required to secure a new authorization for the use.

9. Multiple Entitlements. The subject Conditional Use and Shared Parking Determination require the completion of all applicable conditions of approval herein to the satisfaction of the Planning Department and the effective date of these grants shall coincide with that of the associated zone/height district change on the property involved.

10. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. CPC 2005-0113-VZC-CUB-CU-ZAD T-J

CONDITIONS FOR EFFECTUATING [T] TENTATIVE CLASSIFICATION REMOVAL

Pursuant to the Los Angeles Municipal Code Section 12.32.G, the [T] Tentative Classification shall be removed by recordation of a final parcel or tract map or of guarantees through the B-permit process of the City Engineer to secure the following without expense to the City of Los Angeles, with copies of any approvals or guarantees provided to the Planning Department for attachment to the subject City Plan Case file.

Dedication( s) and Improvements. Prior to the issuance of any building permits, public improvements and dedications for streets and other rights-of-way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional, and Federal govemment agencies as may be necessary).

Responsibilities/Guarantees.

1. As part of consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer.

2. Prior to the issuance of sign-offs for final site plan approval and/or project permits by the Department of City Planning, the applicant/developer shall provide written verification to the Department of City Planning from the responsible agency acknowledging the agency's consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to the project design required by a public agency shall be documented in writing and submitted for review by the Department of City Planning.

a. Street Dedications and Improvements.

Third Street. Dedicate a 5-foot future street along the property frontage to complete a 45-foot wide future half right-of-way in accordance with Secondary Highway standards.

La Cienega Boulevard. Dedicate a 7-foot wide, variable width and a 2-foot wide strip of land along the property frontage where there are no existing structures to complete a 57-foot wide, variable width and a 52- foot wide half right-of-way in accordance with Major Highway - Class II/Dual Left- Tum Lanes standards, including a 25-foot radius property line return at the intersection with Beverly Boulevard and a 20-foot radius property line return at the intersection with 3rd Street. In addition, dedicate 7-foot wide, variable width and a 2- foot wide future street northerly of 3rd Street to complete a 57-foot, variable width and a 52-foot wide future half right-of-way along the property frontage where the existing structures are to remain. The applicant shall file a "revocable encroachment permit" with Bureau of Engineering in order to temporarily occupy the dedicated land to maintain existing surface parking provisions until demolition of the existing buildings occur. The applicant shall submit a certified radius survey map showing the location of the existing buildings and legal description describing the areas to be dedicated along with the dedication application. No widening improvements shall be required along the project frontage.

Beverly Boulevard. Dedicate a 7-foot wide, variable width and a 2-footwide strip of land along the property frontage to complete a 57-foot wide, variable width and a 52- CPC 2005-0113-VZC-CUB-CU-ZAD T-2 foot wide half right-of-way in accordance with Major Highway - Class II/Dual Left- Turn Lanes with Flared Section standards. The applicant shall file a "revocable encroachment permit" with Bureau of Engineering in orderto temporarily occupy the dedicated land to maintain existing surface parking provisions until future tenant improvements or expiration of leases occur. The applicant shall submit a certified survey map showing the location of the existing buildings and legal description describing the areas to be dedicated along with the dedication application. No widening improvements shall be required along the project frontage.

Note: Obtain revocable permits from the Central District Office of the Bureau of Engineering for any structures, walls, fences and landscaping to remain in the dedicated right-of-way (213) 482-7055.

b. Street Lighting. Street lighting may be required satisfactory to the Bureau of Street Lighting (213) 847-1551.

c. Street Trees. Install tree wells with root barriers and plant street trees satisfactory to the City Engineer and ef the Street Tree Division of the Bureau of Street Services (213) 847-3077.

d. Sewers. i. Sewer lines exist in Beverly Boulevard and La Cienega Boulevard with a house connection sewer currently serving the property. All Sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a building permit.

ii. The Bureau of Sanitation may need to investigate the existing public sewers for sufficient capacity to facilitate the proposed development. Submit a request to the Public Counter of the Central District Office of the Bureau of Engineering (213) 482-7050.

e. Drainage. Construct drainage facilities to the satisfaction of the City Engineer.

3. Police. The building plans shall incorporate design guidelines relative to security, semi- public and private spaces (which may include but not be limited to access control to building), secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities and building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Refer to Design out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department's Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, Phone: 213-485-3134). These measures shall be approved by the Police Department prior to issuance of building permits.

4. Fire. The requirements of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for

approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features:

a. Fire Lanes, where required, shall be a minimum of 20 feet in width;

b. All structures shall be within 300 feet of an approved fire hydrant. CPC 2005-0113-VZC-CUB-CU-ZAD T-3 5. Schools. The applicant shall make payment to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area.

6. Parking/Driveway Plan. Submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation for approval that shall provide Code required emergency access.

a. All public ingress and egress driveways to the commercial parking structure shall be from Third Street or La Cienega Boulevard.

7. Cable Television. The applicant shall make necessary arrangements with the appropriate cable television franchise holder to assure that cable television facilities will be installed in City rights-of-way in the same manner as is required of other facilities, pursuant to Municipal Code Section 17.05N, to the satisfaction of the Department of Telecommunications.

Notice: If conditions dictate, connections to the public sewer system may be postponed until adequate capacity is available.

Notice: Certificates of Occupancy for the subject property will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.) as required herein, are completed to the satisfaction of the City Engineer. CPC 2009-0113-VZC-CUB-CU-ZAD F-1

FINDINGS

1. General Plan Land Use Designation. The subject property is located within the area covered by the Wilshire Community Plan, which was adopted by the City Council on September 19, 2001 (Case No. CPC-1997-0051-CPU). The Wilshire Community Plan designates the subject property as "Community Commercial" with corresponding zones of CR, C2, C4, P, PB, RAS3, and RAS4. The site is currently zoned [Q]C2-1VL-O and [Q]C1.5-1VL-O. The applicant has requested a zone change to the C2-1VL zone to bring consistent zoning over the entire site to facilitate the revision of the existing site specific "Q" conditions. The requested C2-1VL zone is consistent and a permitted zone within the Community Commercial designation and the proposed commercial use is permitted in the Community Commercial land use designation.

2. General Plan Text. Chapter III, Land Use Policies and Programs, includes the following relevant language for residential and commercial uses:

Goal 2: Encourage strong and competitive commercial sectors which promote economic vitality and serve the needs of the Wilshire community through well- designed, safe and accessible areas, while preserving historic and cultural character.

Objective 2-1: Preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services within existing commercial areas ..

Policy 2-1.1: New commercial uses should be located in existing established commercial areas or shopping centers ..

The proposed project is a renovation and expansion of an existing commercial center. The proposed project will include the new construction of approximately 12,966 square foot retail building with associated loading docks on Beverly Boulevard. The project will unify the development of the site with a wholesale redesign of the entire complex which has in the past been characterized by a lack of unifying design. The site location along three major arterials is on an established commercial corridor. The site is located within walking distance of a major medical center (Cedar Sinai), and a regional mall (Beverly Center). The site is served by six MTA bus lines and two local DASH routes.

3. Vesting Zone Change Findings. Pursuant to Section 12.32.C of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice.

The subject property is within the Wilshire Community Plan area of the City of Los Angeles. It is located in the [Q]C2-1VL and [Q]C1.5-1VL Zones and is designated Community Commercial by the Community Plan (corresponding to the CR, C2, C4, P, PB, RAS3 and RAS4 Zones and Height District No.1). The height designation "1VL" permits a building height of three stories and 45 feet and the zone restricts total floor area to a maximum of one and one-half times the buildable area of the site. Development of the subject property is further restricted by 36 "Q" conditions resulting from Ordinance No. 165,356 adopted December 1, 1989. Included in these "Q" conditions is a floor area and height limitation restricting commercial development of the site to 361,000 square feet and 45 feet, respectively. CPC 2009-0113-VZC-CUB-CU-ZAD F-2

The subject request is necessary to bring consistent zoning over the entire commercial property and to specifically facilitate the revisions of the "Q" conditions currently imposed on the site and ultimately to remodel the Beverly Connection from an outdated 1980's shopping center to a more up to date shopping center that includes solutions to existing vehicular and pedestrian congestion.

The Beverly Connection has historically included retail and dining facilities as well as movie theaters and office space with common parking facilities. The 1,875 seat movie theaters were demolished in October 2005 and the space has remained vacant to present (approximately 29,891 square feet). EXisting tenants include retail stores and restaurants such as Long's Drugs, Old Navy, Sports Chalet, Starbucks and Baja Fresh.

The Beverly Connection site is limited by its current zoning which includes 36 "Q" conditions imposed in 1989 under Ordinance No. 165,356. These "Q" conditions regulate the operation of the shopping center as it was originally configured. The revised commercial project will include 345,540 square feet of commercial floor area with no more than 28,000 cumulative square feet for restaurant or food establishment uses, 7,000 square feet of office use and 7,100 square feet of health and fitness uses within both the north and south lots. Although the current "Q" conditions prohibit health clubs, gyms, dance studios, or similar uses; the Applicant proposes that a small health and fitness center (ie. yoga studio) would complement the existing uses on the site

Although the FAR allowed for the entire site is 1.5 to 1 and permits 634,809 square feet of commercial floor area, the Applicant proposes a floor area ratio of 0.82 to 1 with 345,540 square feet and a maximum height of 45-feet with no limitations between uses on the north and south lots.

FLOOR AREA TOTAL FAR FLOOR AREA ZONING LOT AREA ALLOWED PROPOSED PROPOSED 1.5:1 .82

NORTH LOT 345,628 sf 518,442 sf 281,689 sf 0.82 [Q]C2-1VL SOUTH LOT 77,578 sf 116,367 sf 63,851 sf 0.82 [Q]C1.5-1VL TOTAL 423,206 sf 634,809 sf 345,540 sf 0.82

The proposed vesting zone change is therefore necessary to specifically facilitate the revisions of the "Q" conditions imposed on the site and to bring consistent zoning over the entire commercial property.

Objective 2-1 of the Wilshire Community Plan encourages the City to "preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services within existing commercial areas". The Beverly CPC 2009-0113-VZC-CUB-CU-ZAD F-3

Connection is located in one of the City's major commercial areas, next to the Beverly Center and the retail commercial along Third Street and Beverly Boulevard, yet existing retail tenants are not thriving. A long history of ad hoc development restrictions placed on the site through a pattern of previous Variances and subsequent Zone Changes have made redeveloprnent of the center as a whole prohibitive due to very restrictive conditions placed on the site frorn the original approval. Approval of the requested Vesting Zone Change (and related requests) are necessary to afford the Beverly Connection the ability to find retail and restaurant tenants appropriate for the site both to revitalize the center and to meet the needs of the current and prospective customers of the Beverly Connection. A Vesting Zone Change will enable the reconfiguration of tenant spaces within the commercial portion of the Beverly Connection to better serve the public demand, creating a space designed for stores more appropriate to this location and establishing a circulation pattern that best accornmodates shoppers.

The transformed shopping center will provide necessary retail outlets for the surrounding cornmunity and it will also provide an improved pedestrian experience for the neighborhood. The Wilshire Comrnunity Plan encourages pedestrian-oriented design in designated areas and in new development. As a result of the redesign of vehicular access and circulation to the site, pedestrian access and circulation has been greatly enhanced. The new pedestrian plaza and walkway will provide seating and pedestrian scale lighting opportunities for outdoor dining. A new retail face to the Beverly Connection will unify currently disparate buildings as they address the commercial streets of La Cienega Boulevard, Third Street and Beverly Boulevard. The assortment of signage on the existing buildings have been eliminated and in its place will be a well-positioned retail signage and way-finding program that is complemented by a facade framework, adding color and continuity to the site.

The proposed project contributes to the public convenience as it upgrades the existing underutilized shopping centre. The Community Plan Policy 2-1.3 states "Enhance the viability of existing neighborhood stores and businesses which support the needs of local residents and are compatible with the neighborhood". The proposed project will accomplish this purpose by the reconfiguration of tenant spaces within the Beverly Connection to better serve the public demand, creating a space designed for stores rnore appropriate to this location and establishing a circulation pattern that best accommodates shoppers.

Additionally, the Community Plan encourages distinctive commercial districts and pedestrian-oriented areas (Objective 2-2). The subject site is adjacent to rnany retail establishments (other than the Beverly Connection) on Third Street, La Cienega, and Beverly Boulevard, providing several opportunities to walk to shopping and dining destinations, thereby increasing pedestrian activity and local business.

The action, as recommended, has been made contingent upon compliance with the "T" and "Q" conditions of approval imposed herein. Such limitations are necessary to protect the best interests of and to assure a development more compatible with surrounding properties, to secure an appropriate development in harmony with the General Plan.

4. Conditional Use Findings for Commercial Corner. To permit the following deviations for a Commercial Corner Development:

a. Restaurant uses to operate Sunday through Thursday between the hours of 6:00 a.rn. and 11:00 p.m. and Friday and Saturday between the hours of 6:00 a.m. and 1:00 a.m. b. EXisting drug store (Long's) and one market to operate 24 hours per day, 7 days per week; CPC 2009-0113-VZC-CUB-CU-ZAD F-4

c. Deviation from the following development standards of Section 12.22 A.23 (a): • Section 12.22 A.23 (a)(4)(i) - To permit existing and proposed commercial parking on-site to include tandem parking spaces with parking attendant. • Section 12.22 A.23 (a)(6) - To permit existing pole signs to remain. • Section 12.22 A.23 (a)(10)(i) - To permit portions of the existing and proposed development to include less than the minimum 5-foot planted area along all street frontages as proposed on the site plan.

a. Describe briefly the type of use and improvement proposed. State whether new buildings are to be constructed, eXisting buildings are to be used or additions made to the existing buildings.

The proposed project is a renovation of the Beverly Connection an existing 2-story, 332,574 square foot commercial shopping center. The proposed project is to renovate the existing commercial center with the goal of improving vehicular access and on-site traffic flow, improving pedestrian amenities and circulation, and providing for a new tenant mix with a reconfigured floor plan to accommodate new retail shops, restaurants, office space and a small health and fitness studio.

The project includes: • Replacement of a new retail building on Beverly Boulevard with associated loading dock (former movie theatre site) consisting of approximately 12,966 square feet of floor area. • Reconfiguration of existing tenant space including the conversion of approximately 23,646 square feet of existing office uses to retail space. • Reconfiguration of retail tenant spaces to accommodate lease areas larger than 30,000 square feet.

Project Floor Area Summary

Existing Commercial Floor Area 332,574 square feet New Construction - Retail building on Beverly Boulevard (with 12,966 square feet associated loading docks)

TOTAL COMMERCIAL FLOOR AREA 345,540 square feet

The proposed project includes a master conditional use approval for alcohol service and includes exlstinq and new uses: three (3) full line of alcoholic beverages for off-site consumption in conjunction with an existing retail drug store (Long's) and two new retail uses; two (2) full line of alcoholic beverages for on-site consumption in conjunction with two restaurants; and three (3) beer and wine licenses for on-site consumption in conjunction with three restaurants. The shared parking of 1,448 parking spaces is proposed between all current and proposed retail uses located on the site including the capacity to provide parking for 100 vehicles via a valet parking system for use by Third Street businesses. The total project build-out will result in an increase of approximately 12,966 square feet of commercial floor area (new construction) from the existing 332,574 square foot shopping center for a total of 345,540 square feet of commercial floor area.

b. Why does the applicant believe the location of the use in question on the particular property will be desirable to the public convenience and welfare, proper in relation to the CPC 2009-0113-VZC-CUB-CU-ZAD F-5

adjacent uses or the development of the community, in harmony with the various elements and objectives of the Master Plan and will not be detrimental to the character of development in the immediate neighborhood?

The Wilshire Community Plan identifies as a primary commercial issue the need for an improvement to the "appearance of commercial developments ... with concise, clear signage, better visual identity, adequate parking, and convenient access". The requested Vesting Zone Change from[Q]C2-1 VL and [Q]C1.5-1 VL to C2-1 VL, will accomplish this goal in conformance with public necessity, convenience, general welfare and good zoning practice. The subject request is necessary in order to move the Beverly Connection from an outdated 1980s shopping center to a more current shopping destination that will include real and significant solutions to existing vehicular and pedestrian congestion.

Objective 2-1 of the Plan encourages the City to preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services within existing commercial areas. The Beverly Connection is located in the center of one of the City's prime commercial areas, however existing retail tenants are not thriving. A long history of ad hoc development restrictions placed on the site through a pattern of previous Variances and subsequent Zone Changes have made redevelopment of the center as a whole prohibitive due to very restrictive conditions placed on the site. Approval of the requested Vesting Zone Change (and related requests) are necessary to afford the Beverly Connection the ability to find retail and restaurant tenants appropriate for the site both to revitalize the center and to meet the needs of the current and prospective customers of the Beverly Connection. A Vesting Zone Change will enable the reconfiguration of tenant spaces within the commercial portion of the Beverly Connection to better serve the public demand, creating a space designed for stores more appropriate to this location and establishing a circulation pattern that best accommodates shoppers.

Not only will the transformed shopping center provide necessary retail outlets for the surrounding community, it will also provide an improved pedestrian experience for the neighborhood. The Wilshire Community Plan encourages pedestrian-oriented design in deslqnated areas and in new development. As a result of the redesign of vehicular access and circulation to the site, pedestrian access and circulation will be greatly enhanced. The new pedestrian plaza and walkway provides seating and pedestrian scale lighting opportunities for outdoor dining.

Finally, a new retail face to the Beverly Connection will unify currently disparate buildings as they address the commercial streets of La Cienega, Third Street and Beverly Boulevard. The cacophony of signage, which buried the existing buildings, has been eliminated. In its place will be a well-positioned retail signage and way-finding program that will be complemented by a facade framework, adding color and continuity to the site. The new Beverly Connection will provide for a more pedestrian friendly, safe environment that will eliminate many of the vehicular hazards that exist today.

c. Describe how the proposed use and improvements are to be designed and arranged to fit into the development of adjacent property and the neighborhood.

project will convert approximately 23,646 square feet of the existing office uses to retail space, renovate the remaining retail space, and add one new retail building on the Beverly Boulevard frontage. In total, the redeveloped center will provide 345,540 square feet of commercial floor area including up to 7,000 square feet of office space; 28,000 square feet of restaurant or food establishments and 7,100 square feet of health & fitness use.

The proposed project also includes a master design program which remodels the center's exterior along La Cienega Boulevard to update and coordinate the various buildings which compose the Beverly Connection. The result of this renovation will be a better-designed, modern shopping center consistent with existing commercial uses in the area.

For example, the Beverly Center project (immediately across La Cienega Boulevard from the Beverly Connection site) is a major regional shopping center. Other retail centers are located across Third Street and across Beverly Boulevard, and a hotel (Sofitel Hotel) is located immediately to the northwest (at the intersection of Beverly and La Cienega Boulevards). Multi-family housing project are located immediately east of the project site on Croft Avenue.

The proposed project includes load areas, lighting, landscaping and trash collection areas consistent with Code requirements and respectful of surrounding neighbors. Load areas and trash collection will be located in designated areas off of Beverly Boulevard, a Major Highway, as well as Third Street, a Secondary Highway, and therefore will not disturb residents adjacent to the site; and lighting will continue to be shielded from adjacent uses. In fact, as part of the commercial renovations to the site, loading areas and lighting will be redesigned so as to be further concealed from adjoining uses. Finally, as part of the overall redevelopment of the Beverly Connection, a new landscape plan will be implemented to complement the facade changes and building addition to the site. In all, the project improvements are designed to be less intrusive to adjacent neighbors improving the neighborhood quality of life.

Finally, the project includes adequate parking for the commercial uses of the proposed development thereby keeping cars off of neighborhood streets. An existing well- landscaped central parking structure setback 10 feet from adjacent residences will provide 1,448 spaces for shared use among the various retail stores, restaurants and office uses, including use of a valet parking system and tandem parking. The Applicant has also volunteered to provide capacity to park up to 100 vehicles via a valet parking system for use by businesses located on Third Street.

d. Are you going to develop any of the following?

YESINO

1. A drive-thru fast food establishment No

2. A business open any time between 11 p.m. and 7 a.rn." Yes

3. A multi-residential use No

4. An amusement enterprise as enumerated in Section 12.14 A of the No Los Angeles Municipal Code? CPC 2009-0113-VZC-CUB-CU-ZAD F-7

5. An automobile laundry or washrack No

6. A commercial swimming pool No

Hours of Operation

Use Hours of Operation 7 a.m. to 11 p.m. Retail 7-days per week 6 am - 11 pm Sunday to Thursday Restaurant 6 am - 1 am Friday & Saturday . Office 7 am - 11prn 7 days per week Health & Fitness 7 a.m. to 11 p.m. Studio 7-days per week

e. How many parking spaces are being provided?

The proposed project includes a total of 1,448 parking spaces including 753 standard stalls and 695 compact stalls (48% compact). (Note: Ordinance No. 165,356, Condition # 8 permits 50% of the parking spaces to be designated compact)

f. What is the height? Number of stories?

The existing 2 story commercial buildings including the existing parking structure, as well as the new 2 story retail building on Beverly Boulevard will reach a maximum of 45 feet in height.

g. Why is the Project properly located in relation to adjacent uses and the development of the community?

The subject site has been developed as a commercial site with multiple uses for over 55 years. Today, the Beverly Connection includes community-serving uses such as drug stores, restaurants, clothing stores, etc. and is surrounded by multi-family housing and commercial properties developed with similar andlor more intense commercial uses (e.g. Beverly Center). The proposed project will maintain this community commercial character; however, it will renovate the existing commercial building and add one new 2- story retail building with associated loading docks on Beverly Boulevard.

This existing commercial development is appropriate for the subject location as it is nested among similar uses; across Beverly Boulevard and Third Street are one and two- story commercial buildings; and across La Cienega is the Beverly Center, a regional shopping mall as well as the high-rise Sofitel Hotel. Moreover, the improved vehicular access and on-site traffic flow, pedestrian amenities and circulation at the Beverly Connection provide a more pedestrian friendly environment serving the adjacent business and residential communities. Therefore, the project will be proper in relation to adjacent uses and the development of the community.

h. Why is the Project proper in relation to the various elements of the General Plan including any applicable specific plans? Does the project conform to any applicable CPC 2009-0113-VZC-CUB-CU-ZAD F-8

specific plans?

The Wilshire Community Plan identifies several objectives which encourage the preservation and strengthening of existing commercial developments. Most significantly, the Plan states as a general purpose that the planning goals and objectives that maintain the community's distinctive character include: "improving the function, design and economic vitality of commercial areas" "preserving and enhancing the positive characteristics of existing uses which provide the foundation for community identity, such as scale, height, bulk, setbacks and appearance" "preserving and strengthening commercial development to provide a diverse job- producing economic base"

Additionally, Objective 2-1 of the Plan's Land Use Policies and Programs states: "Preserve and strengthen viable commercial development and provide additional opportunities for new commercial development and services within existing commercial areas". The proposed commercial project includes a master design program which remodels the center's exterior along La Cienega Boulevard to update and coordinate the various buildings which compose the Beverly Connection. The result of this renovation along with the addition of a new retail building on the Beverly Boulevard frontage will be a better-desiqned, modern shopping center consistent with existing commercial uses in the area.

i. Why will the Project not be materially detrimental to the character of the development in the immediate neighborhood?

The project will not be materially detrimental to the character of development in the immediate neighborhood. The Project will transform a currently underperforming commercial shopping center into a modern development that includes significant solutions to existing vehicular and pedestrian congestion in the area. Furthermore, the new retail face will unify the currently disparate buildings, thereby updating the exterior facade of the shopping center along Beverly Boulevard, La Cienega Boulevard and Third Street.

Because the Revised Project is a reduction from the Beverly Connection Project previously approved by the City in June 2006; the 2005 MND constitutes the necessary base environmental review required by CEQA for the Revised Project, with the exception of a new traffic study (as submitted to the Department of Transportation on December 19, 2008). An Addendum to the Initial Study / Mitigated Negative Declaration has been prepared by Chris Joseph & Associates and is provided as supplemental documentation and analysis to address the changes proposed to the Beverly Connection project. The new environmental review will tier off the 2005 MND and an environmental assessment form is being submitted with the revised application that will trigger a new environmental case number.

The Initial Study found that there will be no significant impacts to the surrounding neighborhood as a result of the proposed project. Furthermore, the Traffic Impact Analysis, December 2008 concludes that "this level of project trip generation is not expected to significantly impact any of the study intersections and street segments during either the AM, PM or Saturday peak hour. Similarly, no significant project traffic impacts are expected to occur on the regional transportation system as well." Therefore, the Project will not be materially detrimental to the character of development in the CPC 2009-0113-VZC-CUB-CU-ZAD F-9

immediate neighborhood.

j. The Mini-Shopping Center or Commercial Corner Development is not located in an identified pedestrian-oriented, commercial and artcraft, community design overlay, historic preservation overlay, or transit-oriented district or zone, or, if the lots are located in such district, area or zone, then the development would be consistent with such area or zone.

The Commercial Corner Development is not located in an identified pedestrian-oriented, commercial and artcraft, community design overlay, historic preservation overlay, or transit-oriented district or zone.

k. List all of the uses to be included in the development and their square footages and the percentage of the total development to be occupied by each:

% of Total Use Hours of Operation Square Feet Floor Area

7 a.m. to 11 p.m. Retail 303,440 sf 88% 7-days per week 6 am - 11 prn Sunday - Thursday Restaurant 28,000 sf 8% 6 am - 1 am Friday & Saturday Office 7 am - 11pm 7 days per week 7,000 sf 2% Health& 7 a.m. to 11 p.m. 7,100 sf 2% Fitness Studio 7-days per week NOTE: One market and one existing drug store (Long's) are proposed to maintain operation 24 hours per day, 7 days per week.

I. Describe any security measures that will be taken to prevent loitering, theft, vandalism, etc:

The Beverly Connection's on-site security patrol, which operates 24-hours per day, will continue after the project's completion.

m. For drive-through fast food establishments submit plans showing points of ingress and egress, the location of speakers, driveways and queuing lanes?

Not applicable.

n. For all applications the following items shall be delineated on plans in accordance with the applicable Zoning Code Section: 1) Exterior Walls 2) Lighting Plans 3) Landscaped and irrigation areas in the parking area 4) Location of trash storage area( s) 5) Location of other storage area(s) 6) Parking layout indicating striping, landscaping, and driveways

Specify each and every requirement of Section 12.22 A 23 LAMC that you cannot or do not comply with, and explain: CPC 2009-0113-VZC-CUB-CU·ZAD F-10

Parking

The proposed project is not in compliance with the development standard prohibiting tandem parking spaces for commercial uses. The existing shopping center currently includes tandem parking spaces on the rooftop level of the parking structure and maintains a covenant and agreement to provide a parking attendant for tandem parking. The Beverly Connection will continue to maintain this tandem parking on the rooftop level and requests that tandem / valet parking be extended to all areas of the commercial parking structure provided an attendant is available at all times during the hours of commercial operation. The on-site valet parking system will also be used to accommodate the Applicant's proposal to provide the capacity to park up to 100 vehicles for use by businesses located along Third Street.

The proposed project will include four (4) pole signs for the shopping center currently existing on the subject property as permitted by the Department of Building and Safety. Three of the existing pole signs have been updated with new tenant signs and the fourth sign located on Third Street is pending new tenant signage.

Landscaping

Section 12.22 A.23(10)(i) requires that the project include a minimum 5-footlandscaped planted area along all street frontages of the lot and on the perimeters of all parking areas of the lot or lots which abut a residential zone or use. This standard would require the shopping center to provide a 5-foot landscaped area along each of its property lines. The existing shopping center includes and will maintain a landscaped area along a majority of the easterly property line abutting multi-family residential uses. Furthermore, the applicant will continue to provide attractive landscaping wherever possible along street frontages; however, many of the existing commercial buildings and external circulation and loading areas along the property's street frontages do not currently include a 5-foot area for landscaping and will not be changed as a result of the center's renovation. Therefore, to provide a 5-foot landscaped planted area along all street frontages would be infeasible for the proposed project.

It is important to note that although the project will not include landscaped areas along all of its street frontages, the goal of the proposed redevelopment is to improve the aesthetic character of the Beverly Connection and to create a more pedestrian-friendly environment for the community. As a result, the design of the proposed project will fall within the intent of the subject development standard.

5. Conditional Use Findingsfor Alcoholic Beverage Sales. Pursuant to Section 12.24.W.1 of the Municipal Code, the proposed project will include a master conditional use approval for the following (8) uses:

• Three (3) full line of alcoholic beverages for off-site consumption in conjunction with an existing retail drug store (Long's) and two (2) new retail uses; • Two (2) full line of alcoholic beverages for on-site consumption in conjunction with two restaurants (two proposed) • Three (3) beer and wine licenses for on-site consumption in conjunction with three restaurants (two existing and one proposed) CPC 2009-0113-VZC-CUB-CU-ZAD F-11

Note: During the remodel of the shopping centre, a restaurant with full-line on-site alcohol service and the Ralph's Supermarket with full-line off-site service vacated the site.

a. That the proposed use will not adversely affect the welfare of the pertinent community.

Over the lifetime of the Beverly Connection several conditional use permits have been granted for alcohol sales including beer/wine, full-line and offsite sales. The subject request is proper in relation to adjacent uses. The Beverly Connection is a large commercial center located in a highly urbanized setting. The site is designated for Community Commercial uses by the Wilshire Community Plan. The subject site is developed with a multiple-level parking structure and one- and two-story buildings occupied by varied commercial uses and surface parking areas. The property is surrounded by commercial and retail uses to the north, south and west and is adjacent to residential uses to the east.

b. That the granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Controls guidelines for undue concentration; and also giving consideration to the number and proximity of these establishments within a one thousand foot radius of the site, the crime rate in the area (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area.

The granting of the application will not result in an undue concentration of alcohol- serving establishments. The request is for one additional restaurant to serve a full line of alcoholic beverages; the other establishments are either existing or to be replaced. The subject property is surrounded by commercial corridors and is adjacent to the Beverly Center, a regional shopping mall with ground floor restaurants and bars. As a result, there is a large concentration of alcohol uses in the immediate area. However, it is not uncommon to have concentrations of this nature in regionally significant commercial areas of the City. Within 1,000 feet of the subject site there are 34 establishments serving/selling alcoholic beverages, two of these are for off site sales, the remaining are restaurants. Many are located at the Beverly Center. Final consideration of whether the site can sustain another alcoholic beverage license will be with the Department of Alcoholic Beverage Control.

The majority of activities on the site will not involve the sale of alcoholic beverages. The proposed restaurants are anticipated to offer a wide range of cuisines and atmospheres. The sale of alcoholic beverages, however, is of critical importance to operators of these facilities to attract and cater to their patrons. Since the establishments are a part of an existing shopping center and the service of alcoholic beverages will be incidental to their primary operations, these establishments will not take on the potentially negative characteristics of a stand alone bar, disco, or other such establishment. The project has been conditioned so that the serving of alcoholic beverages is in conjunction with food service.

c. That the proposed use will not detrimentally affect nearby residentially zoned CPC 2009-0113-VZC-CUB-CU-ZAD F-12

communities in the area of the City involved, after giving consideration of the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds, and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

The adjacent residential uses are multi-family apartments. The Beverly Connection is not adjacent to single-family residential areas, the nearest of which are two blocks away from the site and across Beverly Boulevard. All parking will continue to be provided on-site. Spill-over parking into residential areas is not anticipated due to the adequacy of on-site parking and the distance of the project from those areas. There are currently four uses within 1,000 feet of the site that may be considered land sensitive uses, they are: Cedars-Sinai Medical Center (8700 Beverly Boulevard); Institute of Jewish Education (8339 W. Third Street); Maimonides Academy (310 Huntley Drive); and Our Lady of Mount Lebanon Maronite-St. Peter (333 S. San Vicente Blvd.). Changes to existing operating conditions or additional requests will require the filing of a Plan Approval application, or in some instances a new conditional use application.

6. Zoning Administrator's Determination. Pursuant to Section 12.24.X of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice and that the action will be in substantial conformance with the various elements and objectives of the General Plan.

Section 12.24.x.20. The applicant has requested that the required project parking be allowed to share the same parking spaces among all of the commercial/retail uses. Current parking regulations require the proposed project provide 1,578 parking spaces (if each use were a stand alone project). The project site has available, 1,448 parking spaces on-site for the commercial/retail component. Based on a straight calculation of the parking deficiency, the project would be short 130 parking spaces (1,578 minus 1,448). However, it is reasonable to expect that not all of the commercial uses will be utilizing their entire required parking spaces at a given hour. In this situation where the project is a commercial center within an urban commercial environment, many of the retail and restaurant uses will capture each others customers and parking demand is not the same as a project that stands alone. In addition, the neighborhood is transit oriented with bus stops along these heavily commercial streets which will add to the pedestrian activity. There are also multi-family residential properties adjacent to the site where many of the customers can walk to the Beverly Connection.

Indicate how a lower total number of parking spaces will provide adequate parking for the uses on the site.

It is appropriate to analyze the commercial project site and take into consideration that all commercial uses (retail, restaurant and office) will share the same parking supply. The parking analysis conducted by Crain & Associates indicates that that there will be adequate parking for the existing and proposed uses at all times. The shared parking analysis concludes that the maximum parking demand for the retail component of the project would be approximately 1,342 parking spaces. The project, as proposed, will provide 1,448 parking spaces. Therefore, there appears to be sufficient parking available to satisfy both peak usage and daily parking usage on the site when the existing and proposed uses will be fully operating. CPC 2009-0113-VZC·CU6-CU·ZAD F-13

7. Waiver of Public Improvements (Street Widening).

3rd Street East of La Cienega Boulevard

The standard dedication and widening required along the project frontage on 3rd Street would greatly impact the existing southwest corner surface parking lot. Currently, vehicular access (entry only) to the surface parking area is via the southerly-most driveway on La Cienega Boulevard. An existing one-way egress wraps tightly around the existing building, which has support columns along both side of the building facade, and basically constrains the clearance of this egress driveway. Vehicles must utilize this one-way circulation in order to exit the site via the signalized driveway on 3rd Street to the east. The tightest clearance for this existing egress aisle measures approximately 12'-2" (Minimum required clearance is 10'-0" per LADBS Bulletin No. P/ZC 2002-001).

This existing one-way vehicular egress is required to remain as part of the proposed project, as stated in page two of the City of Los Angeles Department of Transportation (LADOT) Letter of Assessment dated March 13, 2009:

Vehicular access to the project site will continue to be provided by seven existing driveways: ...... The southerly driveway on La Cienega Boulevard will serve as a one-way right-turn only entrance to the southwest corner surface parking lot. "

If the standard dedication and widening is mandated, these improvements will effectively eliminate the required one-way egress per LADOT's letter. Consequently, circulation for the corner surface parking at this intersection would no longer be compliant, and will not be operable as a result. Furthermore, an existing tenant lease agreement within this corner building of the project site requires that parking adjacent to this corner building be maintained and operated. Therefore, an elimination of this surface parking facility would be a violation of the existing lease agreements.

La Cienega Boulevard North of 3rd Street

There are several existing constraints that would render a widening along the east side of La Cienega Boulevard north of Third Street ineffective:

1. An existing building, which is part of the Beverly Connection retail spaces, is located approximately 150 feet north of 3rd Street intersection, along the east side of La Cienega Boulevard. This condition would limit the dedication/ widening to a very short (and sub- standard) length, and would not create any additional capacity for this intersection.

2. South of 3rd Street intersection, the adjacent properties are owned by others. Thus, a 5- foot widening for ±150 feet along the project site is insufficient to provide the necessary transition to the south leg of the intersection. Further, any adjustments in striping that may be accomplished along the north leg of this intersection would cause a misalignment with existing striping south of this intersection, where the striping can not similarly be adjusted.

3. The standard street widening, if installed, would cause an overall reduction in the efficiency of the traffic signal operation, due to increased pedestrian timing intervals at the La CienegalThird intersection, which has very high pedestrian traffic demands. This intersection is singularly the most critical location in this area, and an increase in signal CPC 2009-0113-VZC-CU8-CU-ZAD F-14

cycle time due to the increase in pedestrian crossing time would cause increased traffic delays along the major corridors in this area.

LADOT has recently installed a modified version of the standard dual left-turn facility at this intersection, both in the northbound and southbound direction, which addresses the basic goals of the Major Highway, Class II Roadway conditions. Therefore, the additional widening north of this intersection (for a very short distance), will not result in any gain in traffic flow capacity on La Cienega.

La Cienega Boulevard South of Beverly Boulevard

The standard widening requirements would only increase the offset along the east curb of La Cienega north and south of Beverly Boulevard. The added width could only be used to increase the width of the northbound right-tum-only lane at this location, which already provides sufficient width for effective use by this right-turn traffic. Additionally, the proposed widening at this location would produce similarly adverse traffic signal and pedestrian flow impacts to those discussed above for the La Cienega Boulevard and 3rd Street intersection.

8. Environmental. The proposed project is a reduction from the Beverly Connection Project previously approved by the City in June of 2006 (CPC-2005-0532-ZC-HD-CU-CUB-ZV-ZAA- ZAD-SPR); the 2005 MND (ENV-2004-5580-MND) constitutes the necessary base environmental review required by CEQA for the current Revised Project, with the exception of a new traffic study (as submitted to the Department of Transportation on December 19, 2008). An Addendum to the Initial Study/Mitigated Negative Declaration has been prepared by Chris Joseph & Associates and is provided as supplemental documentation and analysis to address the changes proposed to the Beverly Connection project. The current environmental review was tiered off the 2005 MND and a new environmental assessment application was submitted with the revised CPC application that triggered a new environmental case number (ENV-2009-109-EAF).

A Mitigated Negative Declaration (ENV-2009-109-MND) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. ORDINANCE NO. _

An ordinance amending Section .12.04 of the Los Angeles Municipal Code by amending the zoning map.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. Section 12.04 of the Los Angeles Municipal Code is hereby amended by changing the zones and zone boundaries shown upon a portion of the zone map attached thereto and made a part of Article 2, Chapter 1 of the Los Angeles Municipal Code, so that such portion of the zoning map shall be as follows: '-- - - , "'"'' I Ii I i l I I - BEVERLY -,---- I~~l I I

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NOT TO SCALE

I :::=D'M~'~138~~B=1~7~3~Jfj;~~~~~~-~-~~~~~~~~ D"ASDURCSS. LHIII CPC2009-0113VZCC c ~ 050509I . DEPARTMENT OF CITY P UB CU lANNING-OEPARTMENT & ZAD ~ SUREAUO F ENGINEERING CPC 2005-0113-VZC-CUB-CU-ZAD Q-l [Q] QUALIFIED CONDTIONS OF APPROVAL

Pursuant to Section 12.32.G of the Los Angeles Municipal Code, the following limitations are hereby imposed upon the use of the subject property, subject to the "Q" Qualified classification.

A. Entitlement Conditions

1. Use. The project shall comply with the use and area provisions of the C2-1VL zone, pursuant to Los Angeles Municipal Code Section 12.14, except where modified by the conditions herein or related conditions of the subject case entitlements. The following uses are strictly prohibited:

a. Health clubs, gyms, dance studios, or similar uses with the exception of one small health and fitness studio (ie. yoga or pilates studio) limited to a total of 7,100 square feet.

b. Freestanding game arcades, billiard hall, detached bars or cocktail lounges.

c. Discos, live entertainment, dancing, nightclubs. This condition shall be not interpreted as prohibiting entertainment in any central interior mall area as part of a special event, festive or holiday show.

d. Medical uses.

e. Drive-through facilities (including but not limited to restaurants, ATM's and pharmacies).

2. Site Plan. The use and development of the property shall be in substantial conformance with the site plan and elevation plans labeled "Exhibit-A" stamped and dated May 14, 2009, attached to the subject case file, except as modified by the conditions herein. Prior to the issuance of any permits for the subject project, a detailed site plan, including elevation plans, and floor plans, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization.

3. Floor Area. Commercial floor area shall be limited to a maximum of 345,540 square feet (.82: 1) as defined by Section 12.21.1 of the Municipal Code. There shall be no more than 28,000 cumulative square feet of floor area utilized for restaurants or food establishments, 7,000 square feet of office use and 7,100 square feet of health and fitness use within the Beverly Connection site (North and South lots).

B. other Conditions

4. Emergency/Loading Access Driveway. The existing drive aisle located along the eastern property line off of Beverly Boulevard shall be permanently closed for use as a public driveway to the cornmercial parking structure. This drive aisle shall be used for emergency access vehicles only. The most eastern existing driveway off Beverly Boulevard may be used for access to loading docks on Beverly Boulevard.

5. Community Meeting Room. The applicant shall provide a public purpose meeting room of approximately 1,000 square feet within the Beverly Connection site at no charge to the community and charitable organizations. The Applicant shall provide (2) hours of free validated parking for individuals parking at the project for purposes of using the community room. CPC 2005-0113-VZC-CUB-CU-ZAD Q-2 6. Window/Door Openings. There shall be no window openings or door openings along the east side of the commercial structure on the north half of the Beverly Connection site, except that needed for emergency exiting. Window glazing along this side, if any, shall be opaque.

7. Retail Entrance. The entrance to the retail tenant spaces on the Beverly Connection site shall be a minimum of 125 feet west of the easterly property line along the southerly side of the Beverly Boulevard building; and any additional pedestrian access on the southerly side of the building shall be located west of the existing entrance to the building.

8. Signs. Notwithstanding Section 14.4 of the Municipal Code to the contrary, the following sign requirements shall apply:

a. Sign Program. Prior to the issuance of any building permits on the subject property by the Department of Building and Safety, the applicant shall submit an overall sign program for the placement of new signs for review and approval by the Director of Planning. The following design elements shall be considered by the Director:

1. Architectural compatibility with the project.

2. Compatible size, scale, style, color, theme, and material.

3. No sign shall impede or cause a hazardous visual distraction to vehicular traffic on adjacent public streets; and

4. Sign illumination shall be shielded or directed to limit direct distraction to vehicular traffic on adjacent public streets; and

b. Prohibited Signs. Off-site commercial signs, flashing, blinking, animated, changeable message board signs, and new pole/pylon signs shall be prohibited. Signs shall be permitted on the northern and western elevations of the parking structure to allow for project identity signage, as well as business signage for the retail uses on the ground floor of the garage and in no event shall signs for commercial tenants be permitted along the east facade of any building on the site.

c. Sign Area. Sign area shall comply with Los Angeles Municipal Code requirements.

d. Wall Signs. Wall signs with multiple business/tenant identification signs shall be prohibited unless approved as part of the Sign Program by the Director of Planning. If existing pole signs are removed, as wall sign may be considered an alternative however, in no instance shall a wall sign with a menu of commercial tenants be permitted at the same time a pole sign containing tenant name remains.

e. Compliance Review. Prior to the issuance is a sign permit by the Department of Building and Safety for new signs, sign plans shall be reviewed by the Planning Department for substantial compliance with the sign program approved by the Director. Minor deviations from the sign program may be allowed in order to comply with provisions of the Municipal Code and the intent of the subject permit authorization. There shall be no restriction on the implementation of interior signs.

f. Exemptions. The following shall be exempt from this sign program and compliance review requirement:

1. Four (4) existing pole signs shall be permitted provided there is no increase in sign area, height, or location of these signs. In addition, the existing four pole signs shall be included in the Sign Program. CPC 2005-0113-VZC-CUB-CU-ZAD Q-3

2. Directional, informational and wayfinding signs which do not contain commercial advertising/logos.

3. Temporary signs (including construction signs).

4. All interior signs or exterior signs located interior to the site but not visible from the adjacent public rights-of-way.

5. All interior signage which may be incidentally visible from the exterior.

9. Maintenance.The subject property including sidewalks, play areas, and landscaped areas shall be maintained in an attractive condition and shall be kept free of trash and debris. Trash receptacles shall be located throughout the site.

10. CommunityResponse(ConstructionPhase).

a. Monitoring of Complaints. The applicant shall coordinate with the local division of the Los Angeles Police Department regarding appropriate monitoring of community complaints concerning construction activities associated with the subject facility.

b. Complaint Monitoring. A 24-hour "hot-tine" phone number for the receipt of project related complaints from the community shall be posted at the public entrance to the facility and provided to the immediate neighbors, local neighborhood associations (if any), and any certified neighborhood council. The property owner shall keep a log of complaints received, the date and time received and the dispositions of the responses. The log shall be retained for a minimum of one year and shall be made available on request to the Planning Department for review.

c. The applicant shall designate a community liaison. The liaison shall meet with the . representatives of the neighbors and/or neighborhood association, at their request, to resolve neighborhood complaints during construction of the subject project.

11. SecurityGuards. A minimum of two security guards shall be on duty within the interior of the commercial buildings during all hours of operation and that a minimum of two security guards shall be provided to patrol the parking structure and the perimeter of the entire site on a 24-hour basis.

12. Graffiti. Every building, structure, or portion thereof shall be maintained in a safe and sanitary condition and good repair. The premises of every building or structure shall be maintained in good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section 91.8104. The exterior of all privately owned buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 91.8104.15

13. Loading. Loading and unloading activities shall not interfere with traffic on any public street. Public sidewalks, alleys and/or other public ways shall not be used for parking or unloading of vehicles. The location of loading areas shall be clearly identified on the site plan to the satisfaction of the Department of City Planning.

The loading areas for the subject site located on the Beverly Boulevard frontage within 120- feet of the northerly property line shall be screened in such a manner to reduce visual and noise impacts of off-loading trucks to residences to the east. All trash bins and trash compactors on site shall be enclosed. Use of the Beverly Boulevard dock shall be limited to the hours of 6:00 a.m. to 9:30 p.m. daily. CPC 2005-0113-VZC-CUB-CU-ZAD Q-4

14. Construction Parking. Off-street parking shall be provided for all construction-related employees generated by the proposed project. No employees or subcontractor shall be allowed to park on the surrounding residential streets for the duration of all construction activities. There shall be no staging or parking of construction vehicles, including vehicles of transport workers on any residential street in the immediate area. All construction vehicles shall be stored on site unless returned to their base of operations.

15. Holiday Season Excavation Restriction. In accordance with Bureau of Public Works policy, excavation permits shall not be issued for work that would cause lane closures on adjoining streets, except for emergency work, during the winter Holiday Season generally between Thanksgiving and New Year's Day. The applicant shall consult with the Bureau of Engineering (Central District) for a list of streets affected by this restriction and the dates of the restriction are in effect.

16. Neighborhood Parking Program (volunteered by the Applicant). The property owner shall guarantee the necessary funding of the West 3rd Street Parking Program through cash or irrevocable letter of credit, payable to Civic Enterprise Associates, LLC (or other consultant as recommended by the Council Office) within 90 days of the final approval of the Project. The maximum amount required of the property owner to fund this program is $100,000. In the event the Plan is guaranteed by cash, Civic Enterprise Associates, LLC shall deposit the monies in an interest bearing account and shall provide the property owner with an annual statement reflecting interest earned and payments made. Within two years after the final approval of the project, any unused portion of these funds shall be refunded to the owner. In addition to providing 1,448 striped on-site parking spaces, the Applicant shall make available on-site parking for up to 100 vehicles within the existing parking structure via a valet parking system for use by businesses located on or near West 3rd Street including through the proposed West 3rd Street Public Valet Program. In general, these spaces shall be in striped and adjacent spaces in the basement level of the parking structure. At the Applicant's discretion, spaces may be offered from time to time within non-striped circulation patterns provided an attendant is available at all times during such operation. To the extent that the City or another entity implements the West 3rd Street Public Valet Program, the charge for using this parking capacity is offered at no cost for the first year of the Program commencing no later than September 1, 2009. Thereafter, for the duration of the Program, the charges shall not exceed the applicable rates paid by shopping center patrons. Upon request of the Applicant, the Director of Planning shall have the authority to reduce the number of vehicles allowed to park in the existing parking structure pursuantto the West 3rd Street Public Valet Program, and to pro-rate the monthly charges to reflect any future reduction.

17. Parking Monitoring Program.

a. The applicant shall complete a study of the Beverly Connection parking area within one year after the temporary or permanent certificate of occupancy is issued for the subject project. The study shall be done by a Professional Engineer in Traffic Engineering, duly registered by the State of California, Department of Consumer Affairs. The study shall survey parking occupancy on the following days during the Thanksgiving and Christmas holiday seasons: (1) the day after Thanksgiving; (2) the Saturday preceding Christmas; and (3) the day after Christmas. Annual progress reports shall be submitted to the Los Angeles Department of Transportation (LADOT). The study shall also include parking occupancy data for three other non-peak days through the calendar year. The parking study (two copies) shall be submitted to LADOT within 30 days of the final survey date. CPC 2005-0113-VZC-CUB-CU-ZAD Q-5 The need for any additional parking studies beyond the first five years shall be evaluated by the Departments of City Planning and Transportation at the conclusion of the fifth year study.

b. LADOT shall submit a report on the parking study to the Department of City Planning within 90 days of receipt thereof. If the parking study shows 90 percent or greater occupancy of the on-site parking spaces of the Beverly Connection parking area for each of four peak hours of the days surveyed, as determined by LADOT, then the Director of Planning may impose a requirement for Beverly Connection to obtain off-site parking for its employees, based on the need demonstrated in the parking study.

Such parking, if necessary, shall be provided from the day after Thanksgiving until New Year's Day (or until January 2nd if New Year's Day falls on a weekend). The location of the off-site spaces shall be either in accordance with LAMC Section 12.21.A.4(g), or at any appropriate location if a shuttle service is provided between the Beverly Connection and the off-site parking area. Copies of any recorded parking affidavits approved by the Department of Building and Safety for this purpose shall be submitted to the Departments of City Planning and Transportation.

If it becomes necessary to impose an off-site employee parking requirement and future parking studies still show 90 percent or greater occupancy of the on-site parking spaces of the Beverly Connection parking area for each of the four peak hours on the days surveyed, as determined by the LADOT, then the Director of Planning shall have the authority to impose additional measures as deemed appropriate to help remedy the parking deficiency.

c. If the parking study does not show 90 percent or greater occupancy of the on-site parking spaces of the Beverly Connection parking area, as indicated in (b) above, then the Director of Planning, based upon a recommendation from LADOT, shall not require off-site employee parking.

18. MitigationMonitoring. Pursuant to California State Public Resources Code Section 21081.6 and the California Environmental Quality Act, the applicant and any future owners, successors, heirs or assigns shall provide the Planning Department with status reports for assessing and ensuring the efficacy of the mitigation measures (environmental conditions) required herein.

a. Within 30 days of the effective date of this land use entitlement and prior to any Planning Department clearance of the conditions of approval contained herein, the applicant shall file a Mitigation Monitoring and Reporting Program (MMRP) in a manner satisfactory to the Planning Department which defines specific reporting and/or monitoring requirements to be enforced during project implementation. Each environmental condition shall be identified as to the responsible mitigation monitor(s), the applicable enforcement agency, the applicable monitoring agency and applicable phase of project implementation as follows:

i. Pre-construction (prior to issuance of a building permit)

ii. Construction (prior to certificate of occupancy); and

iii. Post-construction / maintenance (post-issuance of certificate of occupancy).

In some cases, a specific mitigation measure may require compliance monitoring during more than one phase of project implementation. Such measures shall be noted within the discussion of the specific mitigation measure in the MMRP. CPC 2005-0113-VZC-CUB-CU-ZAD Q-6

b. The applicant shall demonstrate compliance with each mitigation measure in a written report submitted to the Planning Department and the applicable enforcement agency prior to issuance of a building permit or certificate of occupancy, and, as applicable, provide periodic status reports to the Planning Department regarding compliance with post-construction I maintenance conditions.

c. If the environmental conditions include post-construction I maintenance mitigation measures, the applicant and all future owners, successors, heirs or assigns shall be obligated to disclose these ongoing mitigation monitoring requirements to future buyers of the subject property.

d. The applicant and any future owners, successors, heirs or assigns shall reimburse the Planning Department for its actual costs, reasonably and necessarily incurred, necessary to accomplish the required review of periodic status reports.

C. Environmental Conditions

19. Landscape Plan. All open areas not used for buildings, driveways, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in accordance with a landscape plan, including an automatic irrigation plan, prepared by a licensed landscape architect to the satisfaction of the Planning Department.

20. Lighting. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties.

21. Air Pollution (Stationary). The applicant shall install and maintain an air filtration system with filters meeting or exceeding the ASHRAE Standard 52.2 Minimum Efficiency Rating Value (MERV) of 12, to the satisfaction of the Department of Building and Safety.

22. Archaeology. If any archaeological materials are encountered during the course of the project development, the project shall be halted. The services of an archaeologist shall be secured by contacting the Center for Public Archaeology, California State University at Northridge, OR a member of the Society of Professional Archaeologist (SOPA), OR a SOPA-qualified archaeologist to assess the resources and evaluate the impact. Copies of the archaeological survey, study or report shall be submitted to the UCLA Archaeological Information Center. A covenant and agreement shall be recorded prior to obtaining a grading permit.

23. Paleontology. If any paleontological materials are encountered during the course of the project development, the project shall be halted. The services of a paleontologist shall be secured by contacting the Center for Public Paleontology, University of Southern California, University of California at Los Angeles, California State University at Los Angeles, Califomia State University at Long Beach, or the Los Angeles County Museum of Natural History to assess the resources and evaluate the impact. Copies of the paleontological survey, study or report shall be submitted to the Los Angeles County Museum of Natural History. A covenant and agreement shall be recorded prior to obtaining a grading permit.

24. Seismic. The design and construction of the project shall conform to the Uniform Building Code seismic standards as approved by the Department of Building and Safety.

25. Haul Routes. Projects involving the import/export of 1,000 cubic yards or more of dirt shall be subject to haul route approval by the Department of Building and Safety. In addition, the developer shall install appropriate traffic signs around the site to ensure pedestrian and CPC 2005-0113-VZC-CUB-CU-ZAD Q-7 vehicle safety. Fences shall be constructed around the site to minimize trespassing, vandalism, short cut attractions, and attractive nuisances.

26. Construction (Air Quality).

a. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50 percent.

b. The owner or contractor shall maintain the area sufficiently dampened to control dust caused by grading, construction and hauling, and at all times provide reasonable control of dust caused by wind.

c. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust.

d. All materials transported off-site shall be either sufflciently watered or securely covered to prevent excessive amounts of dust.

e. All clearing, grading, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust.

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

27. Construction (Noise). The project shall comply with the City of Los Angeles Noise Ordinance Nos. 144,331 and 161,574, and any subsequent ordinances, which prohibitthe emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible.

a. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday.

b. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously.

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

d. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of the California Code Requlations, to insure an acceptable interior noise environment.

28. Grading. Chapter IX, Division 70 of the Los Angeles Municipal Code addresses grading, excavations, and fills. All grading activities require grading permits from the Department of Building and Safety. Additional provisions are required for grading activities within "Hillside" areas. The application of BMPs includes but is not limited to the following mitigation measures:

a. Excavation and grading activities shall be scheduled during dry weather periods. If grading occurs during the rainy season (October 15 through April 1), diversion dikes shall be constructed to channel runoff around the site. Channels shall be lined with grass or roughened pavement to reduce runoff velocity. CPC 2005-0113-VZC-CUB-CU-ZAD Q-8 b. Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Department. These measures include interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned.

c. Stockpiles and excavated soil shall be covered with secured tarps or plastic sheeting.

29. General Construction.

a. All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle construction materials, including solvents, water-based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non recyclable materials and wastes shall be taken to an appropriate landfill. Toxic wastes shall be discarded at a licensed regulated disposal site.

b. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

c. Pavement shall not be hosed down at material spills. Use dry cleanup methods whenever possible.

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

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

f. All vehicle/equipment maintenance, repair, and washing away from storm drains. All major repairs are to be conducted off-site. Use drip pans or drop cloths to catch drips and spills.

30. Liquefaction.

a. The project shall comply with the Uniform Building Code Chapter 18 Division 1 Section 1804.5 Liquefaction Potential and Soil Strength Loss which requires the preparation of a geotechnical report. The geotechnical report shall assess potential consequences of any liquefaction and soil strength loss, estimation of settlement, lateral movement or reduction in foundation soil-bearing capacity, and discuss mitigation measures that may include building design consideration.

b. Building design considerations shall include, but are not limited to: ground stabilization, selection of appropriate foundation type and depths, selection of appropriate structural systems to accommodate anticipated displacements or any combination of these measures.

31. Methane Gas Explosion/Release.

a. All commercial, industrial, and institutional buildings shall be provided with an approved Methane Control System, which shall include these minimum requirements; a vent system and gas-detection system which shall be installed in the basements or the lowest floor level on grade, and within underfloor space of buildings with raised foundations. The gas-detection system shall be designed to automatically activate the vent system when an action level equal to 25% of the Lower Explosive Limit (LEL) methane concentration is detected within those areas. CPC 2005-0113-VZC-CUB-CU-ZAD Q-9

b. All commercial, industrial, institutional and multiple residential buildings covering over 50,000 square feet of lot area or with more than one level of basement shall be independently analyzed by a qualified engineer, as defined in Section 91.7102 of the Municipal Code, hired by the building owner. The engineer shall investigate and recommend mitigation measures which will prevent or retard potential methane gas seepage into the building. In addition to the other items listed in this section, the owner shall implement the engineer's design recommendations subject to approval by the Department of Building and Safety and Fire Department.

32. Asbestos Containing Materials. Prior to the issuance of the demolition permit, the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant that no asbestos containing materials are present in the building. If asbestos containing materials are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District's Rue 1403 as well as all other state and federal rules and regulations

33. Stormwater and Urban Runoff Pollution Control. The project shall comply with the following:

a. Ordinance Nos. 172,176 and 173,494 (Stormwater and Urban Runoff Pollution Control), which require the application of Best Management Practices (BMPs).

b. Chapter IX, Division 70 of the Municipal Code, which addresses grading, excavations, and fills.

c. The Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the Los Angeles Regional Water Quality Control Board (A copy of the SUSMP can be downloaded at http://www.swrcb.ca.gov/rwgcb4/).

d. Applicable requirements associated with the National Pollutant Discharge Elimination System Permit regulations. The developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to the issuance of any building or grading permits. A General Permit for Stormwater Discharge shall be obtained from the South em California Regional Water Quality Board, in accordance with NOI instructions.

e. Stormwater BMPs shall be incorporated to retain or treat the runoff from a storm event producing % inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard.

f. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. Concentrate or cluster development on portions of a site while leaving the remaining land in a natural undisturbed condition.

g. Limit clearing and grading of native vegetation at the project site to the minimum needed to build lots, allow access, and provide fire protection. Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants. CPC 2005-0113-VZC-CUB-CU-ZAD Q-IO h. Reduce impervious surface area by using permeable pavement materials where appropriate, including: pervious concrete/asphalt; unit pavers, i.e. turf block; and granular materials, i.e. crushed aggregates, cobbles.

i. Promote natural vegetation by using parking lot islands and other landscaped areas.

j. Cover loading dock areas or design drainage to minimize run-on and run-off of stormwater.

k. Direct connections to storm drains from depressed loading docks (truck wells) are prohibited.

I. Repair/maintenance bays must be indoors or designed in such a way that doesn't allow storm water run-on or contact with storm water runoff.

m. Design repair/maintenance bay drainage system to capture all washwater, leaks and spills. Connect drains to a standard sump for collection and disposal. Direct connection of the repair/maintenance bays to the storm drain system is prohibited. If required, obtain an Industrial Waste Discharge Permit.

n. Vehicle/equipment wash areas must be self-contained and/or covered, equipped with a clarifier, or other pretreatment facility, and properly connected to the sanitary sewer.

o. Any connection to the sanitary sewer shall be required to receive authorization by the Bureau of Sanitation.

p. Store liquid storage tanks (drums and dumpsters) in designated paved areas with impervious surfaces in order to contain leaks and spills. Install a secondary containment system such as berms, curbs or dikes. Use drip pans or absorbent materials whenever grease containers are emptied.

q. Toxic wastes must be discarded at a licensed regulated disposal site. Store trash dumpsters either under cover and with drains routed to the sanitary sewer or use non- leaking and water-tight dumpsters with lids. Use drip pans or absorbent materials whenever grease containers are emptied. Wash containers in an area with properly connected sanitary sewer.

r. Reduce and recycle wastes, including: paper; glass; aluminum; oil; and grease.

s. Reduce the use of hazardous materials and waste by, using detergent-based or water- based cleaning systems; and avoid chlorinated compounds, petroleum distillates, phenols, and formaldehyde.

t. Control or reduce or eliminate flow to natural drainage systems to the maximum extent practicable.

u. All storm drain inlets and catch basins within the project area shall be stenciled with prohibitive language (such as "NO DUMPING - DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping.

v. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area.

w. Legibility of stencils and signs must be maintained. CPC 2005-0113-VZC-CUB-CU-ZAD Q-ll

x. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs.

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

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

aa. The owner shall record a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and/or per manufacturer's instructions.

34. Stormwater and Urban Runoff Pollution Control (Food Service Industry, Restaurants, Bakeries, Food Processors). The project shall comply with the following:

a. Ordinance Nos. 172,176 and 173,494 (Stormwater and Urban Runoff Pollution Control), which require the application of Best Management Practices (BMPs).

b. Chapter IX, Division 70 of the Municipal Code, which addresses grading, excavations, and fills.

c. The Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the Los Angeles Regional Water Quality Control Board (A copy of the SUSMP can be downloaded at http://www.swrcb.ca.gov/rwqcb4/).

d. Project applicants are required to implement stormwater BMPs to retain or treat the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required.

e. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion.

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

h. Promote natural vegetation by using parking lot islands and other landscaped areas.

i. Incorporate appropriate erosion control and drainage devices, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code. Protect outlets of culverts, conduits or channels from erosion by discharge velocities by installing rock outlet protection. Rock outlet protection is physical devise composed of rock, grouted riprap, or concrete rubble placed at the CPC 2005-0113-VZC-CUB-CU-ZAD Q-12 outlet of a pipe. Install sediment traps below the pipe-outlet. Inspect, repair, and maintain the outlet protection after each significant rain.

j. Any connection to the sanitary sewer must have authorization from the Bureau of Sanitation.

k. Cleaning of oily vents and equipment to be performed within designated covered area, sloped for wash water collection, and with a pretreatment facility for wash water before discharging to properly connected sanitary sewer with a CPI type oil/water separator. The separator unit must be: designed to handle the quantity of flows; removed for cleaning on a regular basis to remove any solids; and the oil absorbent pads must be replaced regularly according to manufacturer's specifications. Store trash dumpsters either under cover and with drains routed to the sanitary sewer or use non-leaking and water tight dumpsters with lids. Wash containers in an area with properly connected sanitary sewer.

I. Reduce and recycle wastes, including oil and grease.

m. Store liquid storage tanks (drums and dumpsters) in designated paved areas with impervious surfaces in order to contain leaks and spills. Install a secondary containment system such as berms, curbs, or dikes. Use drip pans or absorbent materials whenever grease containers are emptied.

n. All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as "NO DUMPING - DRAINS TO OCEAN") and/or graphical icons to discourage illegal dumping.

o. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area.

p. Legibility of stencils and signs must be maintained.

q. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs.

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

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

t. The owner(s) of the property will prepare and execute a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and or per manufacturer's instructions.

u. Prescriptive methods detailing BMPs specific to the "Restaurant" project category are available. Applicants are encouraged to incorporate the prescriptive methods into the design plans. These Prescriptive Methods can be obtained at the Public Counter or downloaded from the City's website at www.lastormwater.org. CPC 2005-0113-VZC-CUB-CU-ZAD Q-13 35. FloodinglTidal Waves. The project shall comply with the requirements of the Flood Hazard Management Specific Plan, Ordinance No. 172081 effective 7/3/98. (This MND does not apply should a waiver be given under provisions of the Flood Hazard Management Specific Plan). All new construction or substantial improvements shall have the Lowest Floor, including the basement, elevated above the highest adjacent natural grade on the perimeter of the building, to the height of one foot freeboard plus the Base Flood Depth (BFD) specified in feet on the Flood Insurance Rate Map (FIRM). If no depth number is specified on the FIRM, then the Lowest Floor, including the basement, must be elevated two feet plus one foot freeboard to or above the highest adjacent natural grade. 36. Parking Structure Ramps. Concrete, not metal, shall be used for construction of parking ramps. The interior ramps shall be textured to prevent tire squeal at turning areas. Parking lots located adjacent to residential buildings shall have a solid decorative wall adjacent to residential.

37. Noise (Retail Markets, Bars, Restaurants). No window openings shall be permitted along the east side of the commercial structure facing adjacent residential buildings except that needed for emergency exiting. A 6 to 8-foot in height solid decorative masonry wall shall be constructed adjacent to the residential properties, if no such wall currently exists.

38. Utilities (Local or Regional Water Supplies).

a. The project shall comply with Ordinance No. 170,978 (Water Management Ordinance), which imposes numerous water conservation measures in landscape, installation, and maintenance (e.g, use drip irrigation and soak hoses in lieu of sprinklers to lower the amount of water lost to evaporation and overspray, set automatic sprinkler systems to irrigate during the early morning or evening hours to minimize water loss due to evaporation, and water less in the cooler months and during the rainy season). b. If conditions dictate, the Department of Water and Power may postpone new water connections for this project until water supply capacity is adequate. c. (All New Construction, Commercial/Industrial Remodel, Condominium Conversions, and Adaptive Reuse) Unless otherwise required, and to the satisfaction of the Department of Building and Safety, the applicant shall: i. Install high-efficiency toilets (maximum 1.28 gpf), including dual-flush water closets, and high-efficiency urinals (maximum 0.5 gpf), including no-flush or waterless urinals, in all restrooms as appropriate. Rebates may be offered through the Los Angeles Department of Water and Power to offset portions of the costs of these installations. ii. Install restroom faucets with a maximum flow rate of 1.5 gallons per minute. d. Single-pass cooling equipment shall be strictly prohibited from use. Prohibition of such equipment shall be indicated on the building plans and incorporated into tenant lease agreements. (Single-pass cooling refers to the use of potable water to extract heat from process equipment, e.g. vacuum pump, ice machines, by passing the water through equipment and discharging the heated water to the sanitary wastewater system.) e. (All New Commercial and Industrial) Unless otherwise required, all restroom faucets shall be of a self-closing design, to the satisfaction of the Department of Building and Safety. f. (Landscaping) In addition to the requirements of the Landscape Ordinance, the landscape plan shall incorporate the following: i. Weather-based irrigation controller with rain shutoff; ii. Matched precipitation (flow) rates for sprinkler heads; iii. Drip/microspray/subsurface irrigation where appropriate; iv. Minimum irrigation system distribution uniformity of 75 percent; v. Proper hydro-zoning, turf minimization and use of native/drought tolerant plan materials; vi. Use of landscape contouring to minimize precipitation runoff; and CPC 2005-0113-VZC-CUB-CU-ZAD Q-14 viLA separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for irrigated landscape areas totaling 5,000 sf. and greater, to the satisfaction of the Department of Building and Safety.

39. SolidWaste. The developer shall institute a recycling program to the satisfaction of the Planning Department to reduce the volume of solid waste going to landfills. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material.

D. AdministrativeConditions

40. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning for placement in the subject file.

41. Code Compliance. Area, height and use of regulations of the zone classification of the subject property shall be complied with, except where herein conditions are modified.

42. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded in the County Recorder's Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder's number and date shall be provided to the Department of City Planning for attachment to the file.

43. Definition.Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation.

44. Enforcement.Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency's successor and in accordance with any stated laws or regulations, or any amendments thereto.

45. BuildingPlans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety.

46. CorrectiveConditions.The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the City Planning Commission, or the Director pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if, in the Commission's opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

47. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. CPC 2005-0113-VZC-CUB-CU-ZAD Q-15

48. Future Settlement Agreement Review. The applicant shall execute a covenant and agreement which shall provide that any agreement entered into between the Applicant and third parties, including, but not limited to homeowner associations, residents, and parties appealing land use determinations, regarding the matters involving approvals granted herein and/or any agreement relating to the waiver of legal rights in exchange for monetary payments shall be provided to the City of Los Angeles by the applicant. Such agreements shall be public records subject to the California Public Records Act. Sec, _' The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records,

I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of '

JUNE LAGMA Y, City Clerk

By =_~ Deputy

Approved _

Mayor

Pursuant to Section 558 of the City Charter, the City Planning Commission on May 14, 2009, recommended this ordinance be adopted by the City Council.

File No, _ DEPARTMENT OF CITY PLANNING

RECOMMENDATION REPORT .~ JI_LOS ANGELES CITY PLANNING DEPAATMENT City Planning Commission Case No.: CPC-2009-0113-VZC-CUB- CU-ZAD Date: May 14, 2009 CEQA No.: ENV-2009-109-MND Time: After 8:30 AM- Incidental Cases: None Place: Los Angeles City Hall Related Cases: None 200 N. Spring Street, Room 1010 Council No.: 5 Los Angeles, CA 90012 Plan Area: Wilshire Specific Plan: None Certified NC: Mid City West Public Hearing: REQUIRED GPLU: Community Commercial Expiration Date: June 4,2009 Zone: [Q]C2-1VL and [Q]C1.5-1VL Appeal Status: Per Section 12.36 of the LAMC (Multiple Entitlements), Conditional Applicant: BEVCON I, LLC Use, Shared Parking Determination, Representative: Katherine Casey, are appealable to City Council. Zone Craig Lawson & Co., LLC Change may be appealed by the Applicant if denied in whole or in part.

PROJECT 100 N. La Cienega Boulevard LOCATION:

PROPOSED The construction, remodeling, renovation of an existing 332,574 square foot commercial center PROJECT: (Beverly Connection) that will increase the floor area to 345,540 square feet with a maximum height of 45-feet. The project will include replacement of new retail building on Beverly Boulevard (former movie theater space), conversion of office space to retail space, reconfiguration of tenant space, and other interior tenant improvements. The project site is 423,206 square feet.

REQUESTED ACTION:

1. Pursuant to Section 12.32.Q of the Municipal Code, a Vesting Zone Change from [Q]C2-1VL and [Q]C1.5- 1VL to [Q]C2-1VL. The requested zone change is to unify a single zone over the entire site and to amend the previous project specific [Q] Qualifying conditions of the zone. 2. Pursuant to Section 12.324. W.1 of the Municipal Code, a Conditional Use to permit the sale and/or dispensing of alcoholic beverages for consumption on the premises and/or off-site in conjunction with a total of 8 existing and proposed uses (three existing to remain and five proposed). a. Three (3) full line of alcoholic beverages for off-site consumption in conjunction with an existing reIai drug store (Long's) and two (2) new retail uses. b. Two (2) full line of alcoholic beverages for on-site consumption in conjunction with two restaurants (two proposed). c. Three (3) beer and wine licenses for on-site consumption in conjunction with three restaurants (two existing and one proposed). 3. Pursuant to Section 12.24.W.27 of the Municipal Code, a Conditional Use to permit the following deviations for a commercial corner development: a. Restaurant uses to operate Sunday through Thursday between the hours of 6:00 AM and 11:00 PM and Friday and Saturday between the hours of6:00 AM and 1:00 AM. b. Existing drug store (Longs Drugs) and one market to cperate 24 hours per day, seven days a week. c. Deviations from the following development standards of Section 12.22.A.23(a): • To permit existing and proposed commercial parking on-site to include tandem parking spaces with parking attendant. • To permit existing pole signs to remain. • To permit portions of the existing and proposed development to include less than the minimum 5- foot planted area along all street frontages. 4. Pursuant to Section 12.24.X.20 of the Municipal Code, Shared Parking Approval to permit the shared parking of a total of 1,448 on-site parking spaces between all of the current and proposed commercial/retail uses located on the subject site. 5. Pursuant to section 12.32 of the Municipal Code, Waiver of Street Improvement requirements along La Cienega Boulevard, Beverly Boulevard, and 3d Street as required by the of the Bureau of Engineering. 6. Pursuant to Section 21082.1 of the California Public Resources Code, Adopt the Mitigated Negative Declaration prepared for the above referenced prcject.

RECOMMENDED ACTIONS:

1. Approve and Recommend a Vesting Zone Change from [Q]C2-1VL and [Q]C1.S-1VL to [T][Q]C2-1VL. 2. Approve a Conditional Use to permit the sale and/or dispensing of alcoholic beverages for consumption on the premises and/or off-site in conjunction with a total of 8 existing and proposed uses (three existing to remain and five proposed) 3. Approve a Conditional Use to permit the following deviations for a commercial corner development: a. Restaurant uses to operate Sunday through Thursday between the hours of 6:00 AM and 11:00 PM and Friday and Saturday between the hours of 6:00 AM and 1:00 AM. b. Existing drug store and one market to operate 24 hours per day, seven days a week. c. Deviations from the following development standards of Section 12.22.A.23(a): • To permit existing and proposed commercial parking on-site to include tandem parking spaces with parking attendant. • To permit existing pole signs to remain. • To permit portions of the existing and proposed development to include less than the minimum S-foot planted area along all street frontages. 4. Approve Shared Parking of a total of 1,448 on-site parking spaces between all of the current and proposed commercial/retail uses located on the subject site 5. Waive street widening requirements along La Cienega Boulevard, Beverly Boulevard, and 3rdStreet as required by the of the Bureau of Engineering 6. Adopt ENV-2009-1 09-MND as the Mitigated Negative Declaration for the project. 7. Adopt the attached findings. 8. Recommend that the applicant be advised that the time limits for effectuation of a zone in the 'T' Tentative classification or "Q" Qualified classification are specified in Section 12.32.G of the LAMC. Conditions must be satisfied prior to the issuance of building permits and, that the "T" Tentative classification shall be removed in the manner indicated on the attached page. 9. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

S. GAIL GOLDBERG, AICP Director of Planning

Jim To aga, Senior City Planner (213) 9 8-1309

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 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 this 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 on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to tis programs, services and activities. 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 not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213) 978-1294. TABLE OF CONTENTS

Project Analysis 1

Project Site 1

Background 1

Previous Beverly Connection Project of 2006 2

Project Summary 2

Surrounding Properties A

Streets and Circulation A

Parking and Circulation A

Issues 5

Conclusion 5

(T) Tentative Classification T-1

(0) Oualified Conditions of Approval 0-1

Conditions of Approval C-1

Findings F-1

EXHIBITS

Exhibit "A" Site Plans

Exhibit "B" Vicinity Map

Exhibit "C" Radius Map

Exhibit "0" ENV-2009-109-MNO CPC 2009-0113-VZC-CUB-CU-ZAD 1

PROJECT ANALYSIS

Project Site

The subject property is comprised of three mostly level, irregular-shaped parcels, consisting of 423,206 square feet (9.7 acres) and spans an entire block. The property has frontage of approximately 470 feet on the south side of Beverly Boulevard, frontage of approximately 875 feet on the east side of La Cienega Boulevard, and frontage of approximately 454 feet on the north side of Third Street. The property has an average depth of 468 feet, varying from 470 to 454 feet.

The site is developed with a multiple-level parking structure and one- and two-story buildings occupied by varied commercial retail, restaurant, office uses and surface parking areas. The property is surrounded by commercial and retail uses to the north, south and west and is adjacent to multi-family residential uses to the east.

The subject property is within the Wilshire Community Plan area of the City of Los Angeles. It is located in the [QjC2-1VL and [Q]C1.5-1VL Zones and is deslqnated Community Commercial by the Community Plan. The height designation "1VL" permits a building height ofthree stories and 45 feet and the zone restricts total floor area to a maximum of one and one-half times the buildable area of the site (1.5:1 FAR). Development of the subject property is further restricted by 36 "Q" conditions resulting from Ordinance No. 165,356 adopted December 1,1989. Included in these "Q" conditions is a floor area and height limitation restricting commercial development of the site to 361,000 square feet and 45 feet, respectively.

Background

The Beverly Connection is an existing 2-story, 332,574 square-foot shopping center encompassing over 9.7 acres in the Mid-City West neighborhood. The Beverly Connection has historically included retail and dining facilities as well as movie theaters and office space with common parking facilities. The 1,875 seat movie theaters were demolished in Octoberof 2005 and the movie theater space has remained vacant since (approximately 23,976 square feet). Existing commercial tenants include stores and restaurants such as Long's Drugs, Old Navy, Sport Chalet, Starbucks and Baja Fresh.

In 2003, the Applicant purchased the northerly two parcels of the subject property ("North Lot"), previously referred to as the "Beverly Connection" site. The Applicant also assumed the 99-year ground-lease agreement with the property owners of the southerly parcel ("South Lot"), previously referred to as the "LA Third" site.

In 1987, a Zone Variance was granted on the subject site for the construction, use, and maintenance of a multi-level parking structure in what was then a R3-1-0 Zone (BZA 3504 & Case No. ZA 86-0354 ZV). Also granted was the conversion of an existing mixed-use retail and office building to a retail shopping center on the R3-1-0 and C2-1-0 (commercial) zoned portion of the property. The Board of Zoning Appeal placed 41 conditions of approval on the project, many of which are included in the "Q" conditions in place today. (Note that this action did not cover the southerly lot along Third Street.)

Later in 1987 the City Council initiated and adopted a Zone and Height District Change for the subject property, dividing it into two parts: The "Beverly Connection" site (North Lot) and "LA Third" site (South Lot). The changes were adopted in 1989 under Ordinance No. 165,356 as follows: from R3-1-0 and C2-1-0 on the Beverly Connection site to (T)(Q)C2-1-VL and from C2-1-0to (Q)C1.5- 1VL-O on the "LA Third" site. The action was intended to limit commercial development of the site to what was existing, while bringing zoning into consistency with the General Plan. The new zoning designation capped all commercial development of the property to 291,000 square feet (Beverly CPC 2009-0113-VZC-CUB-CU-ZAD 2

Connection site) and 70,000 square feet (LA Third site) of floor area yielding an approximate FAR of .85 to 1 instead of the 1.5 to 1 FAR otherwise permitted in Height District No.1. The proposed 1VL Height District limited any fu1ure redevelopment to three stories and 45 feet.

Since the adoption of the Zone Change ordinance, there have been three amendments to the associated "Q" conditions (two adopted and one never acted upon). These have included a Zoning Administrator's Determination to permit shared parking among existing uses (Case No. ZA 200G 0785; 6-23-00), a Zone Variance to permit a transfer of floor area between the Beverly Connection and LA Third sites (Case No. ZA 1996-0870 ZV; 1-15-97 and 9-03-97) and a Zone Change to permit vehicle egress onto Beverly Boulevard (Case No. CPC 19940240 ZC; 1-12-95)

Previous Beverly Connection Project of 2006

BEVCON I, LLC (the "Applicant") filed an environmental assessment application (ENV-2004-5580- MND) on September 3,2004 and the associated entitlement application on January31, 2005 for the redevelopment of a mixed-use project with 360,000 square feet of commercial space, one four-story 150-unit senior assisted living facility, and one six-story 52-unit residential condominium building to be located at 100 N. La Cienega Boulevard, bounded southerly by Third Street, westerly by La Cienega Boulevard, northerly by Beverly Boulevard and easterly by Croft Avenue located in the City of Los Angeles in the County of Los Angeles.

On June 20, 2006 the Los Angeles City Council approved the entitlements for the Beverly Connection Project (CPC-2005-0532-ZC-HD-CU-CUB-ZV-ZAA-ZAD-SPR) including the Mitigated Negative Declaration (ENV-2004-5580-MND), and Vesting Tentative Tract Map No. 61125. Ordinance No. 177661 effectuated a Zone Change and Height District Change from [Q]C2-1 and [Q]C1.5VL to (T)(Q)C2-1 (effective August 12, 2006). Conditional Use Permits, Zone Variances and a Zoning Administrator's Adjustment and Determination were also authorized by the City Council action.

On July 19, 2006, lawsuits were filed by Beverly Wilshire Homes Association ("BWHA") and Burton Way Foundation ("BWF") in Los Angeles County Superior Court challenging the actions of the City regarding the Beverly Connection Project and alleging violations of the City Code and state laws, including the California Environmental Quality Act ("CEQA", California Public Resources Code section 21000 et seq.). The lawsuits proceeded to a final hearing in the Los Angeles County Superior Court and following trial the Court awarded judgment and a writ of mandate in favor of BWHA and BWF in June 2007, and awarded attorney's fees to both plaintiffs in September 2007. The Parties filed appeals and/or cross-appeals from the Court's judgment, writ of mandate and fee orders, and all timely appeals are currently pending in the California Court of Appeal forthe Second Appellate District.

Subsequent to filing the appeals, all parties involved (City of Los Angeles, the Applicant and plaintiffs) desired to finally and completely resolve all their current and potential disputes regarding the Beverly Connection project, including all claims asserted in the Lawsuits. In June 2008, Settlement Agreements were executed between the Developer and Plaintiffs with understandings regarding the. current revised project. .

Project Summary

The Applicant is seeking approval from the City to allow construction and operation of a revised development project consisting of a two-story retail shopping center with 345,540 square feet of commercial floor area ("Revised Project") including up to 7,000 square feet of office space, 28,000 CPC 2009-0113-VZC-CUB-CU-ZAD 3

square feet of restaurant or food establishments and 7,100 square feet of a health & fitness use.

PROPOSED FLOOR AREA SUMMARY

USE FLOOR AREA (square feet)

Retail (Includes new retail building (Beverly 303,440 Boulevard-12,966 square feet)

Office 7,000

Restaurant I Food Establishments 28,000

Health & Fitness 7,100

TOTAL 345,540 square feet

The Revised Project will have a height limit of 45 feet for any new construction; pursuant to the City Code and the Wilshire Community Plan. No residential uses shall be included in the Revised Project. The application is also for up to eight (8) conditional use beverage (CUB) permits to allow the on-site or off-site sale of alcoholic beverages. The Revised Project shall include landscape plans in connection with construction of any new buildings on the project site.

The Revised Project provides parking capacity for a minimum of 1,448 cars, including by use of a valet parking system and tandem parking. The Applicant has also volunteered to provide the capacity to park for up to 100 vehicles via a valet parking system for use by businesses located on West 3rd Street. In addition, the Applicant shall provide up to two (2) hours of validated free parking for individuals parking at the Revised Project for purposes of using the community room located on the project site.

Currently the shopping center has completed several on-site improvements and renovations, as permitted under the site's existing zoning. These completed improvements have provided improved vehicular access and on-site traffic flow, pedestrian amenities and circulation, and a new tenant mix. These current improvements are in antlcipation of the revised retail shopping center as proposed.

The improvements that have been completed are: o Reconfiguration of the existing parking structure to provide improved access and circulation to, from and within the Beverly Ccnnection site. o Remodel of two existing retail buildings on the North Lot to accommodate design changes and layout of the building. o Addition of a pedestrian walkway functioning as an intemal courtyard, connecting the various buildings on-site and presenting opportunities for outdoor dining. o Remodel of the center's exterior facade along La Cienega Boulevard to update and coordinate the various buildings which compose the Beverly Connection.

The improvements to be completed are: o Replacement of a new retail building on Beverly Boulevard (former movie theatre site) consisting of approximately 12,966 square feet of retail uses. o Conversion of approximately 23,646 square feet of existing office uses to retail space. CPC 2009-0113-VZC-CUB-CU-ZAD 4

• Reconfiguration of retail tenant spaces to accommodate lease areas larger than 30,000 square feet. • Project construction activities including, but not limited to the following: shoring, grading, foundation, building, and interior tenant improvements.

Surrounding Properties

Surrounding properties are within the R3-1, [Q]C2-1VL-O, C2-1VI-O, C2-1 and C2-1-0 Zones and are characterized by almost level topography and improved streets. The surrounding properties are developed with two- and three-story apartments, one-, two- and multi-story commercial buik:lings, their parking lots and parking structures.

Adjoining properties to the north across Beverly Boulevard are zoned C2-1 VL-O and are developed with one- and two-story commercial buildings.

Adjoining properties to the south, across Third Street, are zoned C2-1VL-O and are developed with one- and two-story commercial buildings and their parking lots.

Adjoining properties to the east are zoned R3-1, [Q]C2-1VL-O and are developed with two- and three-story apartments, one-story commercial buildings and neir parking lots.

Adjoining properties to the west, across La Cienega Boulevard, are zoned C2,1-0 and C2-1 and are developed as a shopping center known as the Beverly Center.

Streets and Circulation

La Cienega Boulevard, adjoining the subject property to the west, is a designated Major Highway Class II dedicated to a variable width of 100 to 105 feet and improved with curb, gutter and sidewalk.

Third Street, adjoining the subject property to the south, is a designated Secondary Highway dedicated to a variable width of 80 to 90 feet and improved with curb, gutter and sidewalk.

Beverly Boulevard, adjoining the subject property to the north, is a designated Major Highway Class II dedicated to a width of 100 feet and improved with curb, gutter and sidevalk.

The alley, partly adjoining the subject property to the east from Third Street, is a through alley that is improved with asphalt pavement and concrete gutter within a 2Gfoot dedication.

The easterly alley, perpendicular to the subject property, is a dead-end alley beginning from Croft Avenue that is improved with asphalt pavement and gutter within a 20-foot dedication. This alley is permanently closed for use as a public driveway and is used for emergency vehicles only.

Parking and Circulation

The completed project includes three full-service driveways with access from La Cienega Boulevard, Third Street, and Beverly Boulevard: • The La Cienega Boulevard driveway will continue to provide primary access to the retail parking structure and has been designed to provide longer queuing lanes. The completed improvement separates pedestrians from cars via a new vehicular ramp that allows cars to CPC 2009-0113-VZC-CUB-CU-ZAD 5

travel below a new pedestrian walkway, directly into the parking structure, improving access capacity and enhancing pedestrian safety. • The Third Street driveway will continue to provide secondary access to the retail parking structure. • The existing temporary loading area along Beverly Boulevard will be reconfigured with the new retail building to provide new permanent loading docks. The loading dock facing La Cienega Boulevard, adjacent to the Long's Drug store to remain as part of the revised project.

The existing one-way, access only Beverly Boulevard driveway to the northwest surface parking lot (in front on Long's) and one-way egress only La Cienega Boulevard driveway will be remain as part of the proposed project.

Issues

The original Beverly Connection project of 2006 had significant opposition specifically regarding the proposed height of the project (maximum height of 127-feet 6-inches), the proposed eight story residential condominiums (62 units) and the four story assisted living (177 units) component of the project and the associated traffic impacts created by the project (and subsequent CEOA challenge).

The current Revised Project eliminates the residential and assisted living portions proposed in 2006 and the height has been reduced to the permitted 45-feet. There have been no submitted letters of opposition to the current proposal and no significant issues have been raised. Seven letters in support have been received including letters from the Mid-City West Community Council, Burton Way Homeowner's Association, Miracle Mile Chamber of Commerce, and the Beverly Center.

Conclusion

The proposed project represents a significant revision to the previously approved Beverly Connection project approved in 2006. Gone are the two residential buildings that comprised a mixed-use project that created a considerable amount of neighborhood opposition. The Applicant is now proposing what amounts to a remodel of the existing Beverly Connection. In fact the amount of commercial square footage proposed is less than what is permitted by the existing "Q" Conditions but due to project specific "Q" Conditions of the 1989 zone change, a new zone change is necessary.

The Beverly Connection site is located half a mile from Cedars Sinai Medical Center and along two major highways, in close proximity to six Metro routes and two DASH lines (extending to Downtown, Studio City, Culver City, Pacific Palisades, and West Hollywood). This site presents a very convenient shopping and dining destination and provides an active environment accessible for all patrons. The proposed zoning is consistent with the surrounding uses and surrounding properties are similarly zoned and developed with commercial uses and multi-family housing. For example, the Beverly Center project (immediately across La Cienega Boulevard from the Beverly Connection site) is a major regional shopping center. Other retail centers are located across Third Street and across Beverly Boulevard, and a hotel (Sofitel Hotel) is located immediately to the northwest (at the intersection of Beverly and La Cienega Boulevards). Multi-family housing project are located immediately east of the project site on Croft Avenue. The subject site is adequate in size and shape to accommodate the development features of the proposed project and is a proper location for the project given its location in a commercial ce,nter. CPC 2009-0113-VZC-CUB-CU-ZAD T-1

CONDITIONS FOR EFFECTUATING (T) TENTATIVE CLASSIFICATION REMOVAL

Pursuant!o the Los Angeles Municipal Code Section 12.32.G, the (T) Tentative Classification shall be removed by recordation of a final parcel or tract map or of guarantees through the B-permit process of the City Engineer to secure the following without expense to the City of Los Angeles, with copies of any approvals or guarantees provided to the Planning Department for attachment to the subject City Plan Case file.

Dedication(s) and Improvements. Prior to the issuance of any building permits, public improvements and dedications for streets and other rights-of-way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional, and Federal government agencies as may be necessary) .

Responsibilities/Guarantees.

1. As part of consultation, plan review, and/or project permit review; the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer.

a. Street Dedications and Improvements.

Third Street. Dedicate the north side of Third Street by 5 feet to complete a 45-foot wide future half right-of-way in accordance with Secondary Highway standards. The applicant shall file a "revocable encroachment permit" with Bureau of Engineering in order to temporarily occupy the dedicated land to maintain existing surface parking provisions until demolition ofthe existing building occurs. The applicant shall submit a certified radius survey map showing the location of the existing buildings and legal description describing the areas to be dedicated along with the dedication application. No widening improvements shall be required along the project frontage.

Beverly Boulevard. Dedicate a 7-foot wide, variable width and a 2-foot wide strip of land along the property frontage to complete a 57-foot wide, variable width and a 52-foot side half right-of-way in accordance with Major Highway - Class II standards. The applicant shall file a "revocable encroachment permit" with Bureau of Engineering in order to temporarily occupy the dedicated land to maintain existinq surface parking provisions until future tenant improvements or expiration of leases occur. The applicant shall submit a certified survey map showing the location of the existing buildings and legal description describing the areas to be dedicated along with the dedication application. No widening improvements shall be required along the project frontage. b. Street Lighting. To the satisfaction of the Bureau of Street Lighting, if any new street light(s) are required, the property within the boundary of the development shall be formed or annexed into a Street Lighting Maintenance Assessment District prior to final recordation or issuance of the Certificate of Occupancy. c. Street Trees. Construct tree wells and plant street trees to the satisfaction of the Street Tree Division of the Bureau of Street Maintenance. d. Sewers. Construct sewers to the satisfaction of the City Engineer. e. Drainage. Construct drainage facilities to the satisfaction of the City Engineer.

3. Police. The plans shall incorporate the design guidelines relative to security, semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi- public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Please refer to Design Out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department's Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, (213) 485-3134. These measures shall be approved by the Police Department prior to the issuance of building permits

4. Fire. The following recommendations of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: fire lanes, where required, shall be a minimum of 20 feet in width; all structures must be within 300 feet of an approved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane

5. Schools. The applicant shall pay school fees to the Los Angeles Unified School District to offset the impact of additional student enrollment at schools serving the project area

6. ParkinglDriveway Plan. Submit a parking and driveway plan to the Bureau of Engineering and the Department of Transportation for approval that shall provide Code required emergency access. All public ingress and egress driveways to the commercial parking structure shall be from Third Street (J" La Cienega Boulevard.

Notice: If conditions dictate, connections to the public sewer system may be postponed until adequate capacity is available. Notice: Certificates of Occupancy for the subject property will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.) as required herein, are completed to the satisfaction of the City Engineer CPC 2009-0113-VZC-CUB-CU-ZAD Q-1

(Q) QUALIFIED CONDTIONS OF APPROVAL

Pursuant to Section 12.32.G of the Los Angeles Municipal Code, the following limitations are hereby imposed upon the use of the subject property, subject to the "Q" Qualiied classification.

A. Entitlement Conditions

a. Health clubs, gyms, dance studios, or similar uses with the exception of one small health and fitness studio (ie. yoga or pilates studio) limited to a total of 7,100 square feel.

b. Freestanding game arcades, billiard hall, detached bars or cocktail lounges.

d. Medical uses.

e. Drive-through facilities (including but not limited to restaurants, ATM's and pharmacies).

3. Floor Area. Commercial floor area shall be limited to a maximum of 345,540 square feet (.82:1) as defined by Section 12.21.1 of the Municipal Code. There shall be no more than 28,000 cumulative square feet of floor area utilized for restaurants or food establishments, 7,000 square feet of office use and 7,100 square feet of health and fitness use within the Beverly Connection site (North and South lots).

B. other Conditions

4. Emergency/Loading Access Driveway. The existing drive aisle located along the eastem property line off of Beverly Boulevard shall be permanently closed for use as a public driveway to the commercial parking structure. This drive aisle shall be used for emergency access vehicles only. The most eastern existing driveway off Beverly Boulevard may be used for access to loading docks on Beverly Boulevard.

validated parking for individuals parking at the project for purposes of using the community room.

6. . WindowlDoor Openings. There shall be no window openings or door openings along the east side of the commercial structure on the north half of the Beverly Connection site, except that needed for emergency exiting. Window glazing along this side, if any, shall be opaque.

8. Signs. Notwithstanding Section 14.4 of the Municipal Code to the contrary, the following sign requirements shall apply:

1. Architectural compatibility with the project.

2. Compatible size, scale, style, color, theme, and material.

3. No sign shall impede or cause a hazardous visual distraction to vehicular traffic on adjacent public streets; and

4. Sign illumination shall be shielded or directed to limit direct distraction to vehicular traffic on adjacent public streets; and

b. Prohibited Signs. Off-site commercial signs, flashing, blinking, animated, changeable message board signs, and new pole/pylon signs shall be prohibited. Signs shall be permitted on the northern and western elevations of the parking structure to allow for project identity signage, as well as business sign age for the retail uses on the ground floor of the garage and in no event shall signs for commercial tenants be permitted along the east facade of any building on the site.

c. Sign Area. Sign area shall comply with Los Angeles Municipal Code requirements.

d. Wall Signs. Wall signs with multiple business/tenant identification signs shall be prohibited unless approved as part of the Sign Program by the Director of Planning. If existing pole signs are removed, as wall sign may be considered an alternative however, in no instance shall a wall sign with a menu of comrnerclal tenants be permitted at the same time a pole sign containing tenant name remains.

e. Compliance Review. Prior to the issuance is a sign permit by the Department of Building and Safety for new signs, sign plans shall be reviewed by the Planning Department for SUbstantial compliance with the sign program approved by the Director. Minor deviations from the sign program may be allowed in orderto comply with provisions of the Municipal Code and the intent of the subject permit authorization. There shall be no restriction on the implementation of interior signs. CPC 2009-0113-VZC-CUB-CU-ZAD Q-3

f. Exemptions. The following shall be exempt from this sign program and compliance review requirement:

2,. Directional, informational and wayfinding signs which do not contain commercial advertising/logos.

3. Temporary signs (including construction signs).

4. All interior signs or exterior signs located interior to the site but not visible fromthe adjacent public rights-of-way.

5. All interior signage which may be incidentally visible from the exterior.

9. Maintenance. The subject property including sidewalks, play areas, and landscaped areas shall be maintained in an attractive condition and shall be kept free of trash and debris. Trash receptacles shall be located throughout the site.

10. Community Response (Construction Phase).

b. Complaint Monitoring. A 24-hour "hot-line" phone number for the receipt of project related complaints from the community shall be posted at the public entrance to the facility and provided to the immediate neighbors, local neighborhood associations (if any), and any certified neighborhood council. The property owner shall keep a log of complaints received, the date and time received and the dispositions of the responses. The log shall be retained for a minimum of one year and shall be made available on request to the Planning Department for review.

c. The applicant shall designate a community liaison. The liaison shall meet with the representatives of the neighbors and/or neighborhood association, at their request, to resolve neighborhood complaints during construction of the subject project.

11. Security Guards. A minimum of two security guards shall be on duty within the interior of the. commercial buildings during all hours of operation and that a minimum of two security guards shall be provided to patrol the parking structure and the perimeter of the entire site on a 24-hour basis.

16. Neighborhood Parking Program (volunteered by the Applicant). The property owner shall guarantee the necessary funding of the West 3rd Street Parking Program through cash or irrevocable letter of credit, payable to Civic Enterprise Associates, LLC (or other consultant as recommended by the Council Office) within 90 days of the final approval of the Project. The maximum amount required of the property owner to fund this program is $100,000. In the event the Plan is guaranteed by cash, Civic Enterprise Associates, LLC shall deposit the monies in an interest bearing account and shall provide the property owner with an annual statement reflecting interest earned and payments made. Within two years after the final approval of the project, any unused portion of these funds shall be refunded to the owner. In addition to providing 1,448 striped on-site parking spaces, the Applicant shall make available on-site parking for up to 100 vehicles within the existing parking structure via a valet parking system for use by businesses located on or near West 3rd Street including through the proposed West 3rd Street Public Valet Program. In general, these spaces shall be in striped and adjacent spaces in the basement level of the parking structure. At the Applicant's discretion, spaces may be offered from time to time within non-striped circulation patterns provided an attendant is available at all times during such operation. To the extent that the City or another entity implements the West 3rd Street Public Valet Program, the charge for using this parking capacity is offered at no cost for the first year of the Program commencing no later than September 1, 2009. Thereafter, for the duration of the Program, the charges shall not exceed the applicable rates paid by shopping center patrons. Upon request of the Applicant, the Director of Planning shall have the authority to reduce the number of vehicles allowed to park in the existing parking structure pursuant to the West 3rd Street Public Valet Program, and to pro-rate the monthly charges to reflect any future reduction. CPC 2009-0113-VZC-CUB-CU-ZAD Q-5

17. Parking Monitoring Program.

The need for any additional parking studies beyond the first five years shall be evaluated by the Departments of City Planning and Transportation at the conclusion of the fifth year study.

18. Mitigation Monitoring. Pursuant to California State Public Resources Code Section 21081.6 and the California Environmental Quality Act, the applicant and any future owners, successors, heirs or assigns shall provide the Planning Department with status reports for assessing and ensuring the efficacy of the mitigation measures (environmental conditions) required herein. CPC 2009-0113-VZC-CUB-CU-ZAD Q-6

i. Pre-construction (prior to issuance of a building permit)

ii. Construction (prior to certificate of occupancy); and

iii. Post-construction / maintenance (post-issuance of certificate of occupancy).

c. If the environmental conditions include post-construction / maintenance mitigation measures, the applicant and all future owners, successors, heirs or assigns shall be obligated to disclose these onqoinq mitigation monitoring requirements to future buyers of the subject property.

C. Environmental Conditions

20. Lighting. Outdoor lighting shall be designed and installed with shielding, so that the light source cannot be seen from adjacent residential properties.

Northridge, OR a member of the Society of Professional Archaeologist (SOPA), OR a SOPA-qualified archaeologist to assess the resources and evaluate the impact. Copies of the archaeological survey, study or report shall be submitted to the UCLA Archaeological Information Center. A covenant and agreement shall be recorded prior to obtaining a grading permit.

23. Paleontology. If any paleontological materials are encountered during the course of the project development, the project shall be halted. The services of a paleontologist shall be secured by contacting the Center for Public Paleontology, University of Southern California, University of California at Los Angeles, California State University at Los Angeles, California State University at Long Beach, or the Los Angeles County Museum of Natural History to assess the resources and evaluate the impact. Copies of the paleontological survey, study or report shall be submitted to the Los Angeles County Museurn of Natural History. A covenant and agreement shall be recorded prior to obtaining a grading permit.

24. Seismic. The design and construction of the project shall conform to the Uniform Building Code seismic standards as approved by the Department of Building and Safety.

25. Haul Routes. Projects involving the import/export of 1,000 cubic yards or more of dirt shall be subject to haul route approval by the Department of Building and Safety. In addition, the developer shall install appropriate traffic signs around the site to ensure pedestrian and vehicle safety. Fences shall be constructed around the site to minimize trespassing, vandalism, short cut attractions, and attractive nuisances.

26. Construction (Air Quality).

b. The owner or contractor shall maintain the area SUfficiently dampened to control dust caused by grading, construction and hauling, and at all times provide reasonable control of dust caused by wind.

c. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust.

d. All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust.

e. All clearing, grading, earth moving, or excavation activities shall be discontinued during periods of high winds (l.e., greater than 15 mph), so as to prevent excessive amounts of dust.

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

27. Construction (Noise). The project shall comply with the City of Los Angeles Noise Ordinance Nos. 144,331 and 161,574, and any subsequent ordinances, which prohibit the CPC 2009-0113-VZC-CUB-CU-ZAD Q-8

emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible.

a. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday

b. Construction and demolition activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously.

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

d. The project sponsor shall comply with the Noise Insulation Standards of Title 24 of the California Code Regulations, to insure an acceptable interior noise environment.

b. Appropriate erosion control and drainage devices shall be provided to the satisfaction of the Building and Safety Departrnent. These measures include interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section 91.7013 of the Building Code, including planting fast-growing annual and perennial grasses in areas where construction is not immediately planned.

c. Stockpiles and excavated soil shall be covered with secured tarps or plastic sheeting.

29. General Construction.

b. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into the storm drains.

c. Pavement shall not be hosed down at material spills. Use dry cleanup methods whenever possible.

d. Dumpsters shall be covered and maintained. Uncovered dumpsters shall be placed under a roof or be covered with tarps or plastic sheeting. CPC 2009-0113-VZC-CUB-CU-ZAD Q-9

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

f. All vehicle/equipment maintenance, repair, and washing away from storm drains. All major repairs are to be conducted off-site. Use drip pans or drop cloths to catch drips and spills.

30. Liquefaction.

31. Methane Gas Explosion/Release.

a. All commercial, industrial, and institutional buildings shall be provided with an approved Methane Control System, which shall include these minimum requirements; a vent system and gas-detection system which shall be installed in the basements orthe lowest floor level on grade, and within underfloor space of buildings with raised foundations. The gas-detection system shall be designed to automatically activate the vent system when an action level equal to 25% of the Lower Explosive Limit (LEL) methane concentration is detected within those areas.

33. Stormwater and Urban Runoff Pollution Control. The project shall comply with the following: CPC 2009-0113-VZC-CUB-CU-ZAD Q-10

a. Ordinance Nos. 172,176 and 173,494 (Stormwaterand Urban Runoff Pollution Control), which require the application of Best Management Practices (BMPs).

b. Chapter IX, Division 70 ofthe Municipal Code, which addresses grading, excavations, and fills.

c. The Standard Urban StormwaterMitigation Plan (SUSMP) approved by the Los Angeles Regional Water Quality Control Board (A copy of the SUSMP can be downloaded at http://www.swrcb.ca.gov/rwgcb4b·

d. Applicable requirements associated with the National Pollutant Discharge Elimination System Permit regulations. The developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to the issuance of any building or grading permits. A General Permit for Stormwater Discharge shall be obtained from the Southern California Regional Water Quality Board, in accordance with NOI instructions.

h. Reduce impervious surface area by using permeable pavement materials where appropriate, including: pervious concrete/asphalt; unit pavers, i.e. turf block; and granular materials, i.e. crushed aggregates, cobbles.