CONDITIONS OF APPROVAL (As modified by the City Planning Commission )

Transcription

1 CONDITIONS OF APPROVAL (As modified by the City Planning Commission ) Pursuant to LAMC Sections W.24 (a) and W.37 (Conditional Use), X.22 (Zoning Administrator Determination), (Site Plan Review), and (Project Permit Compliance), the following conditions are hereby imposed upon the use of the subject property: A. Entitlement Conditions 1. Height. The proposed hotel project is granted a Zoning Administrator Determination, pursuant to LAMC Section X.22, permitting a maximum building height of 44 feet, 8 inches to the top of the roof parapet wall for the western portion of the building located between 50 and 99 feet from the adjacent RS-1 Zone, in lieu of the maximum 33 feet otherwise permitted by LAMC Section A On-site Parking. Automobile Parking. Automobile parking shall be provided in compliance with LAMC Section A.4. Up to ten (10) percent of the required automobile parking may be replaced with bicycle parking. b. Bicycle Parking. Bicycle parking shall be provided in compliance with LAMC Section A.16. c. Electric Vehicle Parking. The project shall include at least 20 percent (20%) of the total automobile parking spaces developed on the project site capable of supporting future electric vehicle supply equipment (EVSE). Plans shall indicate the proposed type and location(s) of EVSE and also include raceway method(s), wiring schematics and electrical calculations to verify that the electrical system has sufficient capacity to simultaneously charge all electric vehicles at all designated EV charging locations at their full rated amperage. Plan design shall be based upon Level 2 or greater EVSE at its maximum operating ampacity. In addition, five percent (5%) of the total automobile parking spaces developed on the project site, and all parking spaces in excess of LAMC-required spaces for the use, shall be further provided with EV chargers to immediately accommodate electric vehicles within the parking areas. When the application of either the required 20 percent or five percent results in a fractional space, round up to the next whole number. A label stating "EVCAPABLE" shall be posted in a conspicuous place at the service panel or subpanel and next to the raceway termination point.* 3. Parking Lot Use Restriction. There shall be no use of the RA-1 Zone portion of the subject property granted Conditional Use approval for automobile parking herein except to provide the required automobile parking for the hotel. 4. Parking Lot Wall. A solid, decorative, masonry wall, a minimum six (6) feet in height, shall be constructed along the subject RA-1 zoned surface parking lots western property line, and along the lots northern property line. If agreed to in writing by all the property owners having a common lot line with the subject RA-1 zoned lots northern property line, then the new wall shall replace the existing 5 foot, 9 inch-high, property line wall. If an agreement cannot be reached, the new, northern property line wall shall be constructed on the applicant s property immediately adjacent to the existing wall. The term decorative,

2 CPC VZC-CU-ZAD-SPR-DRB-SPP C-2 masonry wall shall mean split-face, slump stone, plaster, brick or stone facing with a top cap. Both sides of the wall must be decorative, unless constructed adjacent to an existing wall. Prior to the issuance of a building permit, a revised site plan showing the required new, northern property line wall shall be submitted to the City Planning Department for approval. 5. Parking Lot Wheel Stops. Permanent, concrete, automobile wheel stops shall be installed in all parking spaces located along the northerly property line of the RA-zoned surface parking area, where 24 parking spaces are proposed, and along the westerly property line of the subject C2-zoned lot surface parking area, where two (2) parking spaces are proposed. Prior to the issuance of a building permit, a revised site plan indicating the placement of the required wheel stops shall be submitted to the City Planning Department for approval. 6. Landscape Plan. All open areas not used for buildings, driveways, parking areas, recreational facilities or walks shall be attractively landscaped and maintained in substantial conformance with the submitted Landscape Plan, marked Exhibit A, dated April 21, 2017, and attached to the administrative file, and an automatic irrigation plan prepared by a licensed landscape architect shall be submitted prior to the issuance of a building permit, to the satisfaction of the Department of City Planning Department. Parking lot trees must be capable of growing into a canopy that can shade at least 50% of the parking stall area in the summer after 10 years of growth. No trash or recycling areas shall be located within a required landscaped setback. 7. Outdoor Lighting. b. All outdoor lighting shall be designed and installed with shielding, such that the light source cannot be seen from adjacent properties, the public right-of-way, nor from above. Off-street parking areas shall be lighted with lights having an illumination of not less than 2.0 foot-candles, averaged over the entire parking are Parking Lot. As shown on the submitted Site Plan, light poles installed in the hotel s main surface parking area within the RA-zoned portion of the subject property shall be located in the center of the parking area within landscaped planters, shall not exceed three (3) in number, and shall not exceed a height of 18 feet. This condition does not preclude the installation of low level, shielded security lighting along the perimeter of the parking lot, not to exceed two (2) feet in height from grade Signage. As shown on the submitted Elevations and Renderings, marked Exhibit A, dated April 21, 2017, and attached to the administrative file, one (1) monument sign along the Topanga Canyon Boulevard street frontage, and two (2) wall signs, one (1) each on the north and south building elevations, with a total combined sign area of square feet, shall be permitted. All signs shall be internally-illuminated, channel letters. Guest Room Balconies Prohibited. As shown on the submitted Floor Plans and Elevations, marked Exhibit A, dated April 21, 2017, and attached to the administrative file, no exterior balconies shall be constructed with any hotel guest room. 10. Building Architectural Treatment. The project color, material and fa?ade articulation scheme shall be in substantial conformance with the submitted exterior Renderings and Elevations, marked Exhibit A, dated April 21, 2017, and attached to the administrative file. The architectural treatments shall be carried across all sides of the building.

3 CPC VZC-CU-ZAD-SPR-DRB-SPP C Solar Panels. A minimum of 2,200 square feet of solar panels shall be installed on the building roof as part of an operational photovoltaic system, to be maintained for the life of the project, in substantial conformance with the location shown on the Roof Plan, marked Exhibit A dated April 21, 2017, and attached to the administrative file.* 12. Construction Generators. Should the project require the use of generators during construction, the project contractor shall use power construction equipment with state-ofthe-art noise shielding and muffling devices. On-site power generators shall either be plugin electric or solar powered. B. Environmental Conditions (ENV MND) 13. Protected Trees. b. c. d. All protected tree removals shall require approval from the Board of Public Works. A Tree Report shall be submitted to the Urban Forestry Division of the Bureau of Street Services, Department of Public Works, for review and approval prior to implementation of the Report s recommended measures. A minimum of two trees (a minimum of 15-inch box in size if available) shall be planted for each protected tree that is removed. The canopy of the replacement trees, at the time they are planted, shall be in proportion to the canopies of the protected tree(s) removed and shall be to the satisfaction of the Urban Forestry Division. The location of the trees planted for the purposes of replacing a removed protected tree shall be clearly indicated on the required landscape plan, which shall also indicate the replacement tree species and further contain the phrase Replacement Tree in its description. 14. Non-Protected Trees. b. c. Prior to issuance of any permit related to development of the project, a plot plan shall be prepared for the project, indicating the location, size, type, and general condition of all existing trees on the project site and within the adjacent public right(s)-of-way. All significant (8-inch or greater trunk diameter, or cumulative trunk diameter if multitrunked, as measured 54 inches above the ground) non-protected trees on the project site proposed for removal shall be replaced at a 1:1 ratio with a minimum 24-inch box tree. Net new trees located within the parkway of the adjacent public-right(s)-of-way may be counted toward replacement tree requirements. Removal or planting of any tree in the public right-of-way shall require approval of the Board of Public Works. All trees in the public right-of-way shall be provided in the current standards of the Urban Forestry Division of the Department of Public Works, Bureau of Street Services. 15. Air Quality. b. All off-road construction equipment greater than 50 hp shall meet U.S. EPA Tier 4 emission standards, where available, to reduce NOx, PM10, and PM2.5 emissions at the Project site. In addition, all construction equipment shall be outfitted with Best Available Control Technology devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and if the Lead Agency determines that 2010 model year or

4 CPC VZC-CU-ZAD-SPR-DRB-SPP C-4 newer diesel trucks cannot be obtained, the Lead Agency shall require trucks that meet U.S. EPA 2007 model year NOx emissions requirements. c. At the time of mobilization of each applicable unit of equipment, a copy of each unit s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided to the Department of Building and Safety. d. Encourage construction contractors to apply for SCAQMD SOON funds. Incentives could be provided for those construction contractors who apply for SCAQMD SOON funds. The SOON program provides funds to accelerate clean up of off-road diesel vehicles, such as heavy-duty construction equipment. More information on this program can be found at: dieselengines&parent=vehicle-engine-upgrades. e. Construction activities shall comply with SCAQMD Rule 403, including the following measures: 1. Apply water to disturbed areas of the site three times a day. 2. Require the use of a gravel apron or other equivalent methods to reduce mud and dirt trackout onto truck exit routes. 3. Appoint a construction-relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM generation. 4. Limit soil disturbance to the amounts analyzed in the Final MND. 5. All materials transported off-site shall be securely covered. 6. Apply non-toxic soil stabilizers according to manufacturers specifications to all inactive construction areas (previously graded areas inactive for ten days or more). 7. Traffic speeds on all unpaved roads shall be reduced to 5 mph or less. f. Architectural coatings and solvents applied during construction activities shall comply with SCAQMD Rule 1113, which governs the VOC content of architectural coatings. 16. Biological Resources (Nesting Species). To avoid potential significant impacts to nesting birds, including migratory birds and raptors, one of the following shall be implemented by the Project Applicant: Project activities (including disturbances to native and non-native vegetation, structures and substrates) should take place outside of the breeding bird season, which generally runs from March 1st - August 31st (as early as February 1st for raptors) to avoid take (including disturbances which would cause abandonment of active nests containing eggs and/or young). Take means to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture of kill (Fish and Game Code Section 86); or b. If project activities cannot feasibly avoid the breeding bird season, beginning thirty days prior to the disturbance of suitable nesting habitat, the applicant shall: 1. Arrange for weekly bird surveys to detect any protected native birds in the habitat to be removed and any other such habitat within 300 feet of the construction work area (within 500 feet for raptors) as access to adjacent areas allows. The surveys shall be conducted by a Qualified Biologist with experience in conducting breeding bird surveys. The surveys shall continue on a weekly basis with the last survey being conducted no more than 3 days prior to the initiation of clearance/construction work. 2. If a protected native bird is found, the applicant shall delay all clearance/construction disturbance activities within 300 feet of suitable nesting habitat for the observed protected bird species (within 500 feet for suitable raptor nesting habitat) until August 31st. 3. Alternatively, the Qualified Biologist could continue the surveys in order to locate any nests. If an active nest is located, clearing and construction within 300 feet of the nest (within 500 feet for raptor nests) or as determined by a qualified biological

5 CPC VZC-CU-ZAD-SPR-DRB-SPP C Noise. monitor, shall be postponed until the nest is vacated and juveniles have fledged and when there is no evidence of a second attempt at nesting. The buffer zone from the nest shall be established in the field with flagging and stakes. Construction personnel shall be instructed on the sensitivity of the are 4. The applicant shall record the results of the recommended protective measures described above to document compliance with applicable State and Federal laws pertaining to the protection of native birds. Such record shall be submitted and received into the case file for the associated discretionary action permitting the project. The project shall comply with the City of Los Angeles Building Regulations Ordinance No , which requires a construction site notice to be provided that includes the following information: job site address, permit number, name and phone number of the contractor and owner or owner s agent, hours of construction allowed by code or any discretionary approval for the site, and City telephone numbers where violations can be reported. The notice shall be posted and maintained at the construction site prior to the start of construction and displayed in a location that is readily visible to the public. b. Two weeks prior to commencement of construction, notification shall be provided to the off-site residential and school uses within 500 feet of the project site that discloses the construction schedule, including the types of activities and equipment that would be used throughout the duration of the construction period. c. All powered construction equipment shall be equipped with exhaust mufflers or other suitable noise reduction devices capable of achieving a sound attenuation of at least 3 dba at 50 feet of distance. d. All construction areas for staging and warming-up equipment shall be located as far as possible from adjacent noise-sensitive land uses. e. Portable noise sheds for smaller, noisy equipment, such as air compressors, dewatering pumps, and generators shall be provided where feasible. f. Temporary sound barriers shall be installed as specified: 1. A temporary sound barrier no less than 10 feet in height shall be erected to block line-of-sight noise travel from the project site to Kinzie Street residences and other neighboring residences to the project s north. This barrier shall be constructed in such a way so as to have a surface weight of four pounds per square foot or greater, and the project-facing side should be lined with exterior grade acoustical blankets to provide additional sound absorption. This barrier should extend along the northern boundary of the project site to prevent on-site construction noise from diffracting around its ends. 2. A temporary sound barrier no less than 10 feet in height shall be erected to block line-of-sight noise travel from the project site to Cielo Apartments. This barrier shall be constructed in such a way so as to have a surface weight of four pounds per square foot or greater, and the project-facing side should be lined with exterior grade acoustical blankets to provide additional sound absorption. This barrier should extend along the southern boundary of the project site to prevent on-site construction noise from diffracting around its ends. 3. A temporary sound barrier no less than 10 feet in height shall be erected to block line-of-sight noise travel from the project site to Nevada Avenue Residences. This barrier shall be constructed in such a way so as to have a surface weight of four pounds per square foot of greater, and the project-facing side should be lined with exterior grade acoustical blankets to provide additional sound absorption. This barrier should extend along the western boundary of the project site to prevent onsite construction noise from diffracting around its ends.

6 CPC VZC-CU-ZAD-SPR-DRB-SPP C-6 4. At all other project boundaries, temporary noise barriers no less than 7 feet in height shall be erected to prevent project construction operations from exceeding the LAMC s 75 dba limit for construction noise within 500 feet of residential zones. g. A haul route for exporting cut materials from the site shall access local freeways via major arterials such as Topanga Canyon Boulevard. The route should avoid traveling on residential streets, especially those passing through the neighborhoods directly to the project s north, west, and south. 18. Transportation/Traffic. Topanga Canyon Boulevard/Lassen Street. Prior to issuance of a Certificate of Occupancy, the project applicant shall restripe the eastbound and westbound approaches to reduce the number of eastbound through lanes to one, and increase the number of westbound left turn lanes to two, and shall change the existing traffic signal equipment to accommodate the changed lane configuration. b. If approved by the California Department of Transportation (CALTRANS), painted chevrons shall be installed along the west side of Topanga Canyon Boulevard north of the hotel driveway, similar to the treatment that is currently provided across the street on the east side of Topanga Canyon Boulevard for northbound traffic. This striping would shift southbound vehicles away from the curb, making them more visible to motorists exiting the hotel driveway. In addition, by ending the chevrons just north of the hotel driveway, it will visually highlight its location to the southbound motorists. 19. Tribal Cultural Resources. Impacts to tribal cultural resources from the project shall be mitigated through the salvage and disposition of Tribal resources that result from all ground-disturbing activities. Ground-disturbing activities include, but are not limited to, drilling, excavation, and trenching. The applicant shall retain one Native American Monitor who shall be present during all ground-disturbing activities. Should a Tribal cultural resource be encountered, the project permittee shall immediately stop all ground disturbance activities, and contact the following: (1) all California Native American tribes that have informed the City they are traditionally and culturally affiliated with the geographic area of the proposed project, and (2) a qualified archaeologist who shall assess the find. b. Prior to the issuance of a grading permit, evidence shall be provided to the Department of City Planning that monitor(s) have been obtained; a Native American Monitor shall be secured for each grading unit. In the event that there are simultaneous grading units operating at the same time, there shall be one monitor per grading unit. c. In the event that subsurface archaeological resources, human remains, or other tribal cultural resources are encountered during the course of ground disturbance activities work shall cease in the area of the find until the archaeological or other tribal cultural resources are assessed and subsequent recommendations are determined by a qualified archaeologist. The qualified archaeologist shall specify a radius around where resources were encountered to protect such resources until the procedures and requirements set forth in California Health and Safety Code Section and Public Resources Code Section have been fulfilled. Project activities may continue outside of the designated radius are d. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section and Public Resources Code Section , including the required notification to the County Coroner and the Native American Heritage Commission. e. Copies of any subsequent prehistoric archaeological study, tribal cultural resources study or report, detailing the nature of any significant tribal cultural resources, remedial

7 CPC VZC-CU-ZAD-SPR-DRB-SPP C-7 actions taken, and disposition of any significant tribal cultural resources shall be submitted to the South Central Coastal Information Center (SCCIC). C. Administrative Conditions 20. Final Plans. Prior to the issuance of any building permits for the project by the Department of Building and Safety, the applicant shall submit all final construction plans that are awaiting issuance of a building permit by the Department of Building and Safety for final review and approval by the Department of City Planning. All plans that are awaiting issuance of a building permit by the Department of Building and Safety shall be stamped by Department of City Planning staff "Final Plans. A copy of the Final Plans, supplied by the applicant, shall be retained in the subject case file. 21. Notations on Plans. Plans submitted to the Department of Building and Safety, for the purpose of processing a building permit application shall include all of the Conditions of Approval herein attached as a cover sheet, and shall include any modifications or notations required herein. 22. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review of approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning prior to clearance of any building permits, for placement in the subject file. 23. Code Compliance. Use, area, height, and yard regulations of the zone classification of the subject property shall be complied with, except where granted conditions differ herein. 24. Department of Building and Safety. The granting of this determination by the Director of Planning does not in any way indicate full compliance with applicable provisions of the Los Angeles Municipal Code Chapter IX (Building Code). Any corrections and/or modifications to plans made subsequent to this determination by a Department of Building and Safety Plan Check Engineer that affect any part of the exterior design or appearance of the project as approved by the Director, and which are deemed necessary by the Department of Building and Safety for Building Code compliance, shall require a referral of the revised plans back to the Department of City Planning for additional review and sign-off prior to the issuance of any permit in connection with those plans. 25. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public officials, legislation or their successors, designees or amendment to any legislation. 26. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning. 27. Expiration. In the event that this grant is not utilized within six (6) years of its effective date (the day following the last day that an appeal may be filed), the grant shall be considered null and void. Issuance of a building permit, and the initiation of, and diligent continuation of, construction activity shall constitute utilization for the purposes of this grant.* 28. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all of the information contained in these conditions shall be recorded by the property owner in the County Recorder s Office. The agreement shall run with the land and shall be binding on any subsequent owners, heir, or assigns. Further, the agreement must be submitted to the Planning Department for approval before being recorded. After recordation, a Certified Copy bearing the Recorder s number and date must be given to the City Planning Department for attachment to the subject file.

8 CPC VZC-CU-ZAD-SPR-DRB-SPP C Indemnification and Reimbursement of Litigation Costs. Applicant shall do all of the following: Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City s processing and approval of this entitlement, including but not limited to, an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim personal property damage, including from inverse condemnation or any other constitutional claim. b. Reimburse the City for any and all costs incurred in defense of an action related to or arising out of, in whole or in part, the City s processing and approval of the entitlement, including but not limited to payment of all court costs and attorney s fees, costs of any judgments or awards against the City (including an award of attorney s fees), damages, and/or settlement costs. c. Submit an initial deposit for the City s litigation costs to the City within 10 days notice of the City tendering defense to the applicant and requesting a deposit. The initial deposit shall be in an amount set by the City Attorney s Office, in its sole discretion, based on the nature and scope of action, but in no event shall the initial deposit be less than $50,000. The City s failure to notice or collect the deposit does not relieve the applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (a). d. Submit supplemental deposits upon notice by the City. Supplemental deposits may be required in an increased amount from the initial deposit if found necessary by the City to protect the City s interests. The City s failure to notice or collect the deposit does not relieve the applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (ii). e. If the City determines it necessary to protect the City s interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition. The City shall notify the applicant within a reasonable period of time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City. The City shall have the sole right to choose its counsel, including the City Attorney s office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of any obligation imposed by this condition. In the event the applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation. For purposes of this condition, the following definitions apply: "City shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers. "Action shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein, alleging failure to comply with any federal, state or local law.

9 CPC VZC-CU-ZAD-SPR-DRB-SPP C-9 Nothing in the definitions included above are intended to limit the rights of the City or the obligations of the applicant otherwise created by this condition.