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

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1 ORDINANCE NO An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section ~. Section of the Los Angeles Municipal Code is hereby amended by changing the zone classifications of property shown upon a portion of the Zoning Map incorporated therein and made a part of Article 2, Chapter 1 of the LAMC, so that such portion of the Zoning Map shall conform to the zoning on the map attached hereto and incorporated herein by this reference.

2 " '. ' ' NOT TO SCALE C.M. 168A 149, 166.5A 149 CPC ZC CUB CU SPE SPP SPPA GB Area Mapped Oat~ Sources: Department of City Planning, Bureau ol Engineering

3 Q-1 (Q) QUALIFIED CONDITIONS OF APPROVAL Pursuant to Section G of the LAMC, the following limitations are hereby imposed upon the use of the subject property, subject to the "Q" Qualified classification. Development Conditions 1. Use. The property shall be limited to the construction of a 58,265 square-foot supermarket and a 2, 990 square foot retail space, with 24 7 parking spaces on a 3 acre site. 2. Plan. The use and development of the property shall be in substantial conformance with the submitted project plan sheets labeled A101, A102, A201, and L101, date stamped April22, 2011, with the exception of any revised plans prepared in conformance with the requirements of the conditions of this grant and of the LAMC, to the satisfaction of the Department of City Planning. 3. Height. The building shall be permitted a maximum building height of 33 feet, as defined in Section 7.E.1 of the Ventura-Cahuenga Boulevard Corridor Specific Plan, and as granted by the Project Permit Adjustment herein. Any structures on the roof, such as air condition units and other equipment, shall be fully screened from view. 4. Floor Area. The project site shall be limited to the maximum floor area shown on the Project Summary Table of the submitted Site Plan sheet labeled A101, date stamped April 22, 2011, which includes a 58,265 square foot supermarket and 2,990 square foot retail use. 5. Hours of Operation. The site shall be permitted to operate between the hours of 11 :00 p.m. and 7:00a.m., resulting in 24-hour operation. 6. Delivery/Trash Pick-up Hours and Access. Truck deliveries, loading for the commercial uses and trash pick-up shall take place only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and 10:00 a.m. and 4:00p.m., Saturday and Sunday. Delivery and trash pick-up trucks shall be instructed to use the Kester Avenue driveway and shall not use the Moorpark Street driveway for ingress and egress to and from the site. 7. Parking. Parking for the proposed uses shall be provided pursuant to the requirements of Ventura-Cahuenga Boulevard Corridor Specific Plan. Employee parking shall be provided on-site. Employees shall not park on adjacent residential streets during the hours they are working at the subject facility. 8. Security. a. The property owner shall be responsible for discouraging loitering in and around the subject property. b. Security lighting shall be installed on the exterior of the building and shall be designed to minimize illumination at adjacent residential uses. c. Security personnel shall patrol the subject property during the hours the subject property is open to the public. d. Security Monitoring. The applicant shall install security cameras on the building. A minimum of 4 security cameras mounted at strategic locations on site shall be required. Such security cameras shall operate 24 hours a day to enhance the security of the site. 9. Urban Design (Community Plan Guidelines) a. The project shall provide speed bumps for driveways paralleling walkways for more than 50 feet.

4 Q-2 b. The project shall include articulation, recesses, surface perforations and porticoes to break up long, flat building facades. c. Use accenting, complementary building materials for building facades. d. Security Monitoring. The applicant shall install security cameras on the building. A minimum of 4 security cameras mounted at strategic locations on site shall be required. Such security cameras shall operate 24 hours a day to enhance the security of the site. e. Install on-site lighting along all pedestrian walkways and vehicular access ways, shielded and directed downward. 10. Exterior Lighting. All exterior light fixtures shall be shielded to minimize the illumination of adjacent properties and to reduce glare. Floodlighting of buildings and parking lot areas shall be prohibited. 11. Trash. Trash/recycling receptacles, compactors, cardboard baling machinery and other trash/recycling related devices shall be shielded from the adjacent properties, to the satisfaction of the Department of City Planning. 12. Graffiti. The subject property, including associated parking facilities, shall be maintained in a safe and sanitary condition and good repair, and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a public street or alley, pursuant to Municipal Code Section 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 semipublic 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) These measures shall be approved by the Police Department prior to the issuance of building permits. Environmental Conditions 14. Air Pollution (Demolition, Grading, and Construction Activities) 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 construction area shall be kept sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind. c. All clearing, 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. d. All dirt/soil loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust.

5 Q-3 e. All dirt/soil materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amount of dust. f. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. g. Trucks having no current hauling activity shall not idle but be turned off. 15. Air Pollution (Stationary) Adverse impacts upon future occupants may result from the project implementation due to existing diminished ambient air pollution levels in the project vicinity. However, this impact can be mitigated to a less than significant level by the following measure: An air filtration system shall be installed and maintained with filters meeting or exceeding the ASHRAE Standard 52.2 Minimum Efficiency Reporting Value (MERV) of 13, to the satisfaction of the Department of Building and Safety. 16. Cultural Resources (Archaeological) a. If any archaeological materials are encountered during the course of the project development, all further development activity shall halt. The services of an archaeologist shall be secured by contacting the South Central Coastal Information Center ( ) located at Cal State University Fullerton, or a member of the Society of Professional Archaeologist (SOPA) or a SOP A-qualified archaeologist, who shall assess the discovered material(s) and prepare a survey, study or report evaluating the impact. b. The archaeologist's survey, study or report shall contain recommendations, if necessary, for the preservation, conservation or relocation of the resource. c. The applicant shall comply with the recommendations of the evaluating archaeologist, as contained in the survey, study or report. d. Project development activities may resume once copies of the archaeological survey, study or report are submitted to: SCCIC Department of Anthropology, McCarthy Hall 477, CSU Fullerton, 800 North State College Boulevard, Fullerton, CA e. Prior to the issuance of any building permit, the applicant shall submit a letter to the case file indicating what, if any, archaeological reports have been submitted, or a statement indicating that no material was discovered. f. A covenant and agreement binding the applicant to this condition shall be recorded prior to issuance of a grading permit. 17. Cultural Resources (Paleontological) a. If any paleontological materials are encountered during the course of project development, all further development activities shall halt and the services of a paleontologist shall then be secured by contacting the Center for Public Paleontology - USC, UCLA, California State University Los Angeles, California State University Long Beach, or the Los Angeles County Natural History Museum - who shall assess the discovered material(s) and prepare a survey, study or report evaluating the impact. b. The paleontologist's survey, study or report shall contain a recommendation(s), if necessary, for the preservation, conservation, or relocation of the resource. c. The applicant shall comply with the recommendations of the evaluating paleontologist, as contained in the survey, study or report. d. Project development activities may resume once copies of the paleontological survey, study or report are submitted to the Los Angeles County Natural History Museum.

6 Q-4 e. Prior to the issuance of any building permit, the applicant shall submit a letter to the case file indicating what, if any, paleontological reports have been submitted, or a statement indicating that no material was discovered. f. A covenant and agreement binding the applicant to this condition shall be recorded prior to issuance of a grading permit. 18. Increased Noise Levels (Demolition, Grading, and Construction Activities) a. The project shall comply with the City of Los Angeles Noise Ordinance No. 144,331 and 161,574, and any subsequent ordinances, which prohibit the emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible. b. Construction and demolition shall be restricted to the hours of 7:00 am to 6:00 pm Monday through Friday, and 8:00am to 6:00pm on Saturday. c. Demolition and construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. d. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. 19. Increased Vehicle Trips/Congestion The project is required to comply with all recommended Conditions of Approval as stated in the Department of Transportation's Traffic Assessment, dated October 8, Utilities (Local Water Supplies - Landscaping) 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. 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. vii. A separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for existing and expanded irrigated landscape areas totaling 5,000 sf. and greater. 21. Utilities (Local Water Supplies -All New Construction) a. If conditions dictate, the Department of Water and Power may postpone new water connections for this project until water supply capacity is adequate. b. 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.

7 Q-5 c. Install restroom faucets with a maximum flow rate of 1.5 gallons per minute. d. A separate water meter (or submeter), flow sensor, and master valve shutoff shall be installed for all landscape irrigation uses. e. 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.) 22. Utilities (Local Water Supplies - New Commercial or Industrial) All restroom faucets shall be of a self-closing design. 23. Utilities (Solid Waste Recycling) a. (Operational) Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program. b. (Construction/Demolition) Prior to the issuance of any demolition or construction permit, the applicant shall provide a copy of the receipt or contract from a waste disposal company providing services to the project, specifying recycled waste service(s), to the satisfaction of the Department of Building and Safety. The demolition and construction contractor(s) shall only contract for waste disposal services with a company that recycles demolition and/or construction-related wastes. c. (Construction/Demolition) To facilitate on-site separation and recycling of demolitionand construction-related wastes, the contractor(s) shall provide temporary waste separation bins on-site during demolition and construction. These bins shall be emptied and the contents recycled accordingly as a part of the project's regular solid waste disposal program. 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 (T)(Q)C2-1 L zone classification of the subject property shall be complied with, except where conditions herein are more restrictive. 3. 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 assign. The agreement must 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 officials, legislation or their successors, designees or amendment to any legislation.

8 Q-6 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. 7. 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. 8. Project Plan Modifications. Any corrections and/or modifications to the Project plans made subsequent to this grant that are deemed necessary by the Department of Building and Safety, Housing Department, or other Agency for Code compliance, and which involve a change in site plan, floor area, parking, building height, yards or setbacks, building separations, or lot coverage, shall require a referral of the revised plans back to the Department of City Planning for additional review and final sign-off prior to the issuance of any building permit in connection with said plans. This process may require additional review and/or action by the appropriate decision making authority including the Director of Planning, City Planning Commission, Area Planning Commission, or Board. 9. Mitigation Monitoring. The applicant shall identify mitigation monitors who shall provide periodic status reports on the implementation of the Environmental Conditions specified herein, as to area of responsibility, and phase of intervention (pre-construction, construction, post-construction/maintenance) to ensure continued implementation of the Environmental Conditions. 10. Utilization of Concurrent Entitlement. The subject Zone Change, Conditional Use(s), Specific Plan Exception, Project Permit Adjustment and Project Permit Compliance requires completion of all applicable conditions of approval herein to the satisfaction of the Department of City Planning, and the effective date of the Zone Change, Conditional Use(s), Specific Plan Exception, Project Permit Adjustment and Project Permit Compliance shall coincide with that of the associated Zone Change on the property involved. The applicant/owner shall have a period of six years from the effective date of the subject Zone Change to effectuate the terms of the remaining entitlement(s) by either securing a building permit or a Certificate of Occupancy for the authorized use. Thereafter, the entitlements shall be deemed terminated and the property owner shall be required to secure a new authorization for the use. If a building permit is obtained during this period, but subsequently expires, this determination shall expire with the building permit.

9 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 ordil)ance was _Rassed by the Council of the City of Los Angeles, at its meeting of AUG 1 7 ~01!. JUNE LAGMAY, City Clerk AUG \\ Approved By OJ Deputy Mayor Pursuant to Section 558 of the City Charter, the City Planning Commission on May 26, 2011, recommended this ordinance be adopted by the City Council.. Williams, Commission Executive Assistant II ning Commission File No /(-' f-'-"'-(dj3= /

10 DECLARATION OF POSTING ORDINANCE I, MARIA VIZCARRA, state as follows: I am, and was at all times hereinafter mentioned, a resident of the State of California, over the age of eighteen years, and a Deputy City Clerk of the City of Los Angeles, California. Ordinance No Zone Change for property at West Ventura Boulevard and Kester Avenue - CPC ZC CUB CU SPE SPP SPPA GB - a copy of which is hereto attached, was finally adopted by the Los Angeles City Council on August 17, 2011, and under the direction of said City Council and the City Clerk, pursuant to Section 251 of the Charter of the City of Los Angeles and Ordinance No , on August 24, 2011 I posted a true copy of said ordinance at each of the three public places located in the City of Los Angeles, California, as follows: 1) one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; 2) one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; 3) one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. Copies of said ordinance were posted conspicuously beginning on August 24, 2011 and will be continuously posted for ten or more days. I declare under penalty of perjury that the foregoing is true and correct. Signed this 24th day of August 2011 at Los Angeles, California. Ordinance Effective Date: October 3, 2011 Council File No Rev. (2/21/06)

ORDINANCE NO. An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map.

ORDINANCE NO. An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map. 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