CENTRAL
AREAPLANNING
COMMISSION
200 N. Spring Street, Room 532, Los Angeles, California, 90012-4801, (213) 978-1300
www.lacity.orglPLNlindex.htm

Determination Mailing Date:
Department of Building and Safety
201 N. Figueroa Street
Counter B, Fourth Floor
Applicant: Peter Novak, G.H. Palmer Associates

$EP 2 5 2006
CASE NO. APCC 2006-1300-SPE-SPP
Location: 609 St. Paul Avenue
Council District: 1
Plan Area: Westlake
Request(s): Specific Plan Exceptions, Project Permit
Compliance

At its meeting on August 8,2006, the following action was taken by the Central Area Planning Commission:
Approved the requested Specific Plan Exception to allow a 5-foot yard along the southerly property line
(perpendicular to St. Paul Avenue and adjacent to the existing parking structure on the adjacent property) in
lieu of the required 9-foot required yard.
Approved the requested Specific Plan Exception to allow a reduced variable width yard (as measured from
the centerline of the alley, in the event that the alley is vacated) with a minimum width of 1'-8", in lieu of the
minimum required 9-foot setback from the project's original property line along the alley.
Approved the requested Specific Plan Exception to permit to permit a 0-foot rear yard (as measured from
the parking garage of the proposed building) in lieu of the minimum required 18-foot rear yard.
Approved the requested Specific Plan Exception to permit to permit one (I), 24-inch, box tree for every
three (3) residential units, in lieu of the required one (I), 24-foot tall, 3-inch caliper, box tree for every
dwelling unit on site, subject to the attached conditions of approval.
Approved the requested Specific Plan Exception to provide to provide a minimum of 100 square feet of
Open Space for each dwelling unit with 2 habitable rooms and a minimum of 125 square feet of Open Space
for each dwelling unit with 3 habitable rooms in lieu of providing 150 square feet of Open Space per dwelling
unit, and allow 1,076 square feet of open space provided on the adjacent Piero project (616 S. Saint Paul
Avenue) to be credited to this project, subject to the attached conditions of approval.
Disapproved the Specific Plan Exception request to provide neither the required 15% low-income housing
units as Low Income Dwelling Units nor to pay of an in lieu fee for that purpose, but modified the compliance
requirement with the Specific Plan's replacement dwellmg unitlinclusionary housing requirements to allow for
the provision of a mix of residential unit sizes on or off-site andlor payment of in-lieu fees, subject to the
attached conditions of approval.
Approved a Specific Plan Project Permit Compliance for the recommended project, subject to the attached
Conditions of Approval.
Adopted Mitigated Negative Declaration No. ENV-2004-6616-MND.
Adopted the attached Findings, as modified.
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
Advised the applicant that pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee
andlor Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or
concurrent with the Environmental Notice of Determination (NOD) filing.

Fiscal Impact Statement: There is no General Fund impact as administrative costs are recovered through fees.
Moved

Vote: 4 - 0

Seconded

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Central Area Planning Commission

Young Kim, President
Franklin Acevedo, Commissioner
Renee Anderson. Commissioner
Chanchanit Martorell, Commissioner
Nancy Whang, Commissioner

Yes

No

4
4
d
d

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4

Absent

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 c e b d l Area planning ~bqm&
-on(
Effective Date I Appeals: The Commission's determination will be final 15 days from the mailing date of this
determination unless an appeal is filed to the City Council within that time. 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.
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 90'~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.
Attachments: Findings, Conditions

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
CONDITIONS OF APPROVAL
Entitlement ConditionslProject Permit Compliance Conditions
Use. The use of the subject property shall comply with the use provisions of the C4(CW)-U/6
Zone, except as modified by this action.
Base Permitted Floor Area. Pursuant to Section 6 of the Central City West Specific Plan, the
Base Permitted Floor Area of all building on the site shall not exceed six (6) times the buildable
area of the lot.
Residential Density. A maximum of three hundred fifty (350) residential units shall be permitted.
Site Plan. The use and development of the subject property shall be in substantial conformance
with the Plot Plan, Elevations and Sections dated August 8, 2006 and labeled Exhibits E-3 and E4, in the subject case file, except as modified by this action. Prior to the issuance of a building
permit for the subject project, detailed development 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 authorization.
Parking. Residential and commercial parking shall be provided pursuant to LAMC Section 12.21.
A 4 and any amendment thereto, in substantial conformance with the Parking Plans and Building
Floor Plans (Levels 1-3) stamped and dated August 8, 2006 and labeled Exhibits E-5 and E-7, in
the subject case file. In addition, the following shall apply:

a.

Tandem parking may be used only for the spaces which are assigned and designated for a
single residential unit.

b.

Guest parking sign(s) shall be clearly posted at building entrance(s). The sign(s) shall be in
large, easy to read lettering and shall indicate the general location of guest parking. Sign
wording shall be to the satisfaction of the Planning Department and shall indicate the
number of reserved guest parking spaces.

c.

If any guest parking is located behind security gates, the following shall apply:
1)

A remote electronic gate opening system shall be installed so that the security gate
can be opened from each residential unit served by the secured guest parking.

2)

An electronic intercommunication system shall be installed. The system shall be
readily accessible to the drivers of guest vehicles and to the units served by the
secured guest parking.

3)

If there is a security gate, then it shall be set back from the public right-of-way so as
to provide a waiting area for guest vehicles and to prohibit blockage or interference
with the public right-of-way by waiting guest vehicles.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue

4)

6.

Alternatives to the provisions of this condition may be approved by the Planning
Department provided that the intent of the readily accessible guest parking facilities
and no interference with the public right-of-way is assured.

Height. The buildings on the subject property shall not exceed a maximum elevation of 1,268 feet
above mean sea level, in accordance with Section 8 A 2 of the Central City West Specific Plan.
The height of all structures shall be in substantial conformance with the elevations stamped and
dated August 8, 2006 and labeled Exhibit E-4, in the subject case file. All rooftop mechanical
equipment andlor duct work that exceed the roof ridge or parapet wall shall be screened from
horizontal view with materials compatible with the design of the building.
Mixed-Use Project Limitation. As the proposed project is located on a lot with lot lines that are
coterminous with both Bixel and Sixth Streets, and pursuant to Section 6 G 4 of the Central City
West Specific Plan, the project shall provide a Ground Floor (defined as "The lowest level within a
building which: (1) is accessible to the street; (2) has a floor level within three feet above or below
curb level; (3) has frontage and is primarily facing any public street; and (4) is at least 50 feet in
depth or the total depth of the building, whichever is less.") Further, the floor area on the Ground
Floor shall be devoted to Neighborhood Retail andlor Neighborhood Service uses, as determined
by the Director of Planning, for a minimum of 75% of the project site's street frontage along St.
Paul Avenue. However, this requirement shall not apply to that portion of the specified street
frontage of a lot devoted to vehicular access to on-site parking or pedestrian access to on-site
open space.

8.

Underground Utilities. Pursuant to Section 15 of the Central City West Specific Plan, all new
utility lines which directly service the project shall be installed underground.

9.

Signs. Prior to the issuance of any permit for signage on the subject property, the developer shall
submit a project signage plan consistent with Section 14 (Sign Regulations) of the Central City
West Specific Plan, to the Department of City Planning for approval.

10.

Low lncome Dwelling Units. Section 11 C 2(a) of the Central City West Specific Plan provides
that all multiple-family residential or Mixed Use projects are subject to the Replacement Dwelling
Unit or lnclusionary Housing requirements, whichever results in the greater number of affordable
dwelling units. As the site was formerly developed with a 59-room plus 1 dwelling unit apartment
hotel, the project is subject to the Replacement Dwelling Unit provisions of the Specific Plan and is
therefore required to set aside 60 of the proposed 350 dwelling units as tow lncome Dwelling
Units.
However, the project may meet the Specific Plan requirements of Section 11 C 2(a) by complying
with one or a combination of the following Low lncome Dwelling Unit options, so long as the total
number of units provided (on or off-site) andlor the number of units for which an in-lieu fee
payment is provided for is equal to the required sixty (60) replacement housing units.
Notwithstanding Section 11 D 3 of the Central City West Specific Plan to the contrary, the Low
lncome Dwelling Units provided on or off-site shall be provided in the same percentages as the
market-rate residential units, as follows: 3% of the units provided may be studios (not to exceed 2
studio apartments); 66% of the units provided may be I-bedroom apartments (not to exceed a
total of 35 I-bedroom apartments); and 31% of the units provided may be "Dual Master" (not to
exceed a total of 16 "dual master" apartments).

'

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
I.

II.

Option A (Low Income Dwelling Units On-site). All of the required sixty (60) replacement
Low lncome dwelling units (or portion thereof) may be provided on-site, subject to the
following conditions:
A.

Timing Requirement. Replacement Low lncome Dwelling Units provided on-site
shall be made available at the same time as the market-rate residential units.

6.

Covenant and Agreement. Prior to the issuance of any building permits for the
project, the applicant shall record a Covenant and Agreement to the satisfaction of
the City of Los Angeles Planning and Housing Departments or its successor
agencies which reserves and maintains the affordability of the required Low lncome
Dwelling Units for at least thirty (30) years from the issuance of the project's
Certificate of Occupancy, and which includes (at a minimum) the following:
1)

The number and type (i.e., studio, I-bedroom, andlor "dual master"
apartments) of Low lncome dwelling units (out of the total sixty (60)
replacement units required) to be provided on-site and reserved as Low
lncome Dwelling Units, as defined by Section 4 of the Central City West
Specific Plan.

2)

Notwithstanding Section 11 D 3 of the Central City West Specific Plan to the
contrary, the Low lncome Dwelling Units provided on-site may be composed
of: studio apartments, I-bedroom apartments, andlor "dual master"
apartments.

3)

The Rent Levels of these on-site Low lncome Dwelling Units shall be
consistent with Section 11 E of the Central City West Specific Plan.

4)

The Housing Department, or its successor or assignee, shall be responsible
for the ongoing monitoring and enforcement of these affordable dwelling unit
requirements.

Option B (Low lncome Dwelling Units Off-Site). All of the required sixty (60) Low lncome
dwelling units (or portion thereof) may be provided at an off-site location within the Central
City West Specific Plan Area andlor within the boundaries of City Council District 1, subject
to the following conditions:
A.

Timing Requirement. Any Low lncome Dwelling Units provided off-site shall be
made available at the same time as the project's market-rate residential units.

B.

Affordable Housing Provision Plan. Prior to the issuance of any building permits, the
owner shall prepare an Affordable Housing Provision Plan, which identifies a
property on which the off-site affordable dwellings will be constructed, to the
satisfaction of the of the City of Los Angeles Planning and Housing Departments or
their successors or assignees.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue

C.

Ill.

11.

Covenant and Agreement (Low Income Dwelling Units Off-site). Prior to the
issuance of any building permits for the project, the applicant shall record a
Covenant and Agreement to the satisfaction of the City of Los Angeles Planning
and Housing Departments or its successor agencies which reserves and maintains
the affordability of any Low lncome Dwelling Units provided off-site for at least thirty
(30) years from the issuance of the project's Certificate of Occupancy, and which
includes (at a minimum) the following:
1)

The number and type (i.e., studio, I-bedroom, andlor "dual master"
apartments) of Low lncome dwelling units (out of the total sixty (60)
replacement units required) to be provided off-site and reserved as Low
lncome Dwelling Units, as defined by Section 4 of the Central City West
Specific Plan.

2)

The Rent Levels of these off-site Low lncome Dwelling Units shall be
consistent with Section 11 E 1 of the Central City West Specific Plan.

3)

The Housing Department, or its successor or assignee, shall be responsible
for the ongoing monitoring and enforcement of these affordable dwelling unit
requirements.

Option C Low income dwell in^ Units (In Lieu fees). As an alternative to providing the
required replacement housing units within the Project (on-site), or off-site, as set forth in
Options A and B of this condition above, the applicant may instead pay an in-lieu fee in the
amount of $96,182.17 per each of the required 60 Low lncome dwelling units, or a portion
thereof if the applicant elects to pay an in-lieu fee in combination with providing the
replacement units on- or off-site, to the Central City West Specific Plan Housing Trust Fund
prior to the issuance of any building permits for the project.

Dedication(s). Prior to the issuance of any building permits, public 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).

1.

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

2.

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

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
B.

Street Dedications and Improvements. If determined necessary, dedicate and improve all
adjacent streets and alleys to the satisfaction of the City Engineer. All dedications and
improvements shall be consistent with Appendix C (List of Transportation Improvements) of
the Central City West Specific Plan, except:
Bixel Street adjoining the subject property shall require a 10-foot wide dedication and
improvement to complete a 40-foot wide half right-of-way width plus a 7-foot wide future
dedication to comply with the ultimate 94-foot wide Modified Secondary Highway right-ofway requirement specified in Appendix C of the Specific Plan.

C.

Existing drivewavs approaches. Close all existing unused driveways with full height curb
and gutter, and concrete sidewalk.

D.

Damases during construction. Repair andlor replace all other existing public improvements
that may get damaged during the construction of the new buildings.

E.

Excavating adiacent to the public right-of-way. Applicant shall secure permit and approval
from Bureau of Engineering Central District Office Excavation Counter for excavating
adjacent to the public right-of-way. Submit shoring plans to the Bureau of Engineering
Central District Office Excavation Permits for review and approval and comply with all the
required permit conditions for excavating adjacent to the public right-of-way.

F.

Sewers. Obtain a sewer permit from the Bureau of Engineering Central District Office
Sewer Counter to extend the existing sewer lateral to the new property line and for
connection of the new building to the lateral at the new property line. Sewerage Facilities
Charges will be assessed for the new proposed building and a credit will be provided for
any building that might have been demolished upon submittal of a copy of the Demolition
Permit, a Sewer Cap Permit, and a copy of the original Building Permit or Certificate of
Occupancy. Applicant should file a request with the Bureau of Engineering Central District
Office Sewer Counter to verify that the existing sewer has the capacity to handle the
additional flow that may be generated by the proposed project.

G.

Drainage. Roof drainage and surface run-off from the property shall be collected and
treated at the site and directed to the streets via drain systems constructed under the
sidewalk and thru curb drains.

H.

Other Works. On all streets: Construct street widening and relocate drainage catch basins
under a "B" Permit; Refer to LADOT regarding traffic signals and parking meters; Refer to
Department of Water and Power for power poles.

1.

Street Lightinq. To the satisfaction of the Bureau of Street Lighting, if 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.

J.

Street Trees. Pursuant to Appendix D (Urban Design Guidelines) of the Central City West
Specific Plan, the following tree species shall be planted by the applicant or at the
applicant's expense, to the satisfaction of the Urban Forestry Division of the Bureau of
Street Services, Department of Public Works, in the following street parkways, center

 Case No. APCC-2006-I SOO-SPE-SPP
609 St. Paul Avenue
medians and the required Open Space Setback areas, where applicable. All trees shall be
a minimum of twelve (12) feet in height and three (3) inches in caliper and/or 24-inch box in
size, at the time of planting.
a.

6th Street. Sycamore trees shall be planted in the Parkway and shall be spaced 30feet on center.

b.

Bixel Street. Washington Robusta fan palms shall be planted in the Parkway. These
trees shall be spaced 20-feet on center.

Notice. Certificates of Occupancies 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.
Cable. The applicant shall make any necessary arrangements with the appropriate cable
television franchise holder to assure that cable television facilities will be installed in City rights-ofway, pursuant to LAMC Section 17.05 N, to the satisfaction of the City's Information Technology
Agency.
Specific Plan Exception Conditions
Tree Requirement (on-site). The applicant shall provide a minimum 117 trees on-site. These
trees shall be 24-inch box in size at the time of planting. Prior to the issuance of any building
permits, the applicant shall submit a detailed landscape plan for review and approval by the
Planning Department. The landscape plans shall detail the size, placement, and variety of these
required trees.

14. Tree Requirement (off-site). The applicant shall provide 233 trees (i.e., the remainder of the
required 350 trees not placed on-site) in parks or open space located within the specific plan area
and/or within the jurisdiction of Council District 1. The applicant shall coordinate with Council
District 1 and the Planning Department, and with either the Department of Recreation and Parks or
the Urban Forestry Division of the Bureau of Street Services. In lieu of providing 233 trees, the
applicant may donate $100 per each required tree not placed on site to the Million Trees LA
initiative administered by the Department of Public Works (contact Michelle Vargas at (213) 9780333 or visit www.milliontreesla.orq ).

15.

Open Space. The project shall provide a minimum of 38,683 square feet of Open Space on-site.
Open Space shall be provided in substantial conformance with the Open Space Plot Plan and the
Landscape Concept Plan stamped and dated August 8, 2006 and labeled Exhibits E-3 and E-6,
attached to subject case file. Notwithstanding, Appendix D (Urban Design Guidelines) of the Plan,
following shall apply:

a.

A maximum of 17,500 square feet of the required useable Open Space shall be provided
as Private Open Space, provided at least 50% of the units on the first level of residential
use and 50% of the units on all levels above the first level have Private Open Space.
Private Open Space shall have a minimum dimension of five feet.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
b.

Any Private Open Space located at the Ground Level shall be secure, screened from public
view, and provided with a landscape buffer.

c.

Private Open Space located above the Ground Level shall be designed to provide
maximum security.

d.

The project shall provide a minimum of three Courtyards as Common Open Space. The
three courtyards shall have a minimum combined area of 16,834 square feet.

e.

Covenant and Agreement. Prior to the issuance of any building permits for the project, the
applicant shall record a Covenant and Agreement to the satisfaction of the City of Los
Angeles Planning Department or its successor agency which: 1) guarantees the provision
of a functional linkage between the projects located at 616 and 609 South St. Paul Avenue
and 2) the accessibility of all of the useable Common Open Space provided on-site at 616
South St. Paul Street (also known as the Piero) to the residents of 609 St. Paul Avenue
(also known as the Lorenzo) for the at least thirty (30) years from the issuance of the
project's Certificate of Occupancy.

Environmental Conditions

Air Pollution (Stationary). Prior to the issuance of the Certificate of Occupancy, the applicant
shall install an air filtration system(s) (in each of the apartments) that is capable of removing
99.97% of all airborne contaminants at 0.3 microns in order to reduce the effects of the diminished
air quality effects on occupants of the project.
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.

b.

The owner or contractor shall maintain the construction 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 the generation of 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 the generation of
excessive amounts of dust.

f.

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

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
18.

19.

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 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 activities shall be scheduled so as to avoid operating several pieces of
equipment simultaneously that causes high noise levels.

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.

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
removed to an appropriate landfill. Toxic wastes shall be discarded at a licensed regulated
disposal site.

b.

Clean up leaks, drips and spills immediately to prevent contaminated soil on paved
surfaces that can be washed away into the storm drains.

c.

Do not hose down pavement at material spills.
possible.

d.

Cover and maintain dumpsters. Place uncovered dumpsters under a roof or cover with
tarps or plastic sheeting.

e.

Use gravel approaches where truck traffic is frequent to reduce soil compaction and limit
the tracking of sediment into streets.

f.

Conduct 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 clothes to catch drips
and spills.

Use dry cleanup methods whenever

20.

Glare. The exterior of the proposed building shall be constructed of materials, such as, highperformance tinted non-reflective glass and pre-cast concrete or fabricated wall surfaces.

21.

Graffiti Removal and Deterrence. 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,

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
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.
Haul Routes. Projects involving the importlexport of 1,000cubic yards or more of dirt shall obtain
haul route approval by the Department of Building and Safety. 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.
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 consistent with the landscape provisions of
Sections 12.40through 12.43 of the Municipal Code by a licensed landscape architect to the
satisfaction of the Planning Department.
Lighting. All lighting shall be designed, directed, and installed with shielding so that the light
source cannot be seen directly by the adjacent residential areas. This condition does not preclude
the installation of low-level security lighting.
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.
Severe Noise Levels. All exterior windows on the Project having a line of sight to Wilshire
Boulevard, 6th Street and Bixel Street shall be constructed with double-pane glass and use
exterior wall construction which provides a Sound Transmission Class of 50 or greater as defined
in UBC No. 35-1,1979 edition or any amendment thereto. As an alternative, the applicant my
retain an acoustical engineer to submit evidence, along with the application for a building permit,
and alternative means of sound insulation sufficient to mitigate interior noise levels below a CNEL
of 45 dBA in any habitable room.
Stormwater and Urban Runoff Pollution. The project shall comply with the following:
a.

Ordinance Nos. 172,176and 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:llwww.swrcb.ca.govlrwqcb4l).

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 NO1 instructions.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue

e.

The Project is required to implement stormwater BMPs to retain or treat the runoff from a
storm event producing 314 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 shall be required from a
California licensed civil engineer or licensed architect that the proposed BMPs comply with
this numerical threshold standard.

f.

A Stormwater Pollution Prevention Plan shall be prepared by a California licensed civil
engineer or licensed architect, to the satisfaction of the Stormwater Management Division
of the Bureau of Sanitation, that shall include the following:
1)

Identifies the sources of sediments and other pollutants that affect the quality of
storm water discharge;

2)

A monitoring program and reporting plan for the construction period.

The Stormwater Pollution Prevention Plan shall be retained at the construction site.

28.

g.

Appropriate erosion control and drainage devices shall be incorporated, such as interceptor
terraces, berms, vee-channels, and inlet and outlet structures, as specified by Section
91.7013 of the Building Code.

h.

Any connection to the sanitary sewer must have
Sanitation.

i.

All storm drain inlets and catch basins within the project area shall be stenciled with
prohibitive language (such as "NO DUMPING - DRAINS TO OCEAN") andlor graphical
icons to discourage illegal dumping. The legibility of stencils must be maintained for the life
of the project. Prefabricated stencils can be obtained from the Dept. of Public Works,
Stormwater Management Division.

J.

The owner shall record a covenant and agreement satisfactory to the Department of City
Planning binding the owners to post construction maintenance on the structural BMPs in
accordance with the Standard Urban Stormwater Mitigation Plan andlor per manufacturer's
instructions.

k.

Design an efficient irrigation system to minimize runoff including: (1) drip irrigation for
shrubs to limit excessive spray; (2) shutoff devices to prevent irrigation after significant
precipitation; and (3) flow reducers.

authorization from the Bureau of

Public Services (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.

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609 St. Paul Avenue
Public Services (Police). The Project shall Incorporate into the plans 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, wallslfences 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.
Public Services (Schools). Payment of school fees to the Los Angeles Unified School District to
offset the impact of additional student enrollment at schools serving the project area.
Public Services (Schools). The applicant and contractors shall maintain ongoing contact with the
administrator of Gratts Elementary School. The administrative offices shall be contacted when
demolition, grading and construction activity begin on the project site so that students and their
parent will know when such activities are to occur. The applicant shall obtain school walk and bus
routes to the schools from either the administrators or from the LAUSD1sTransportation Branch
(322) 342-1400 and guarantee that safe and convenient pedestrian and bus routes to the school
shall be maintained.

a.

The applicant shall install appropriate traffic signs around the site to ensure pedestrian and
vehicle safety.

b.

Haul route scheduling shall be sequenced to minimize conflicts with pedestrians, school
buses and cars at the arrival and dismissal times of the school day.

c.

Haul route trucks shall not be routed past the school during periods when school is in
session, especially, when students are arriving or departing from the campus.

d.

There shall be no staging of parking of construction vehicles, including vehicles to transport
workers on any of the street adjacent to the school.

e.

Due to noise impacts on the schools, no construction vehicles or haul trucks shall be
staged or idled on these streets during school hours.

Recreation. Per Section 17. 12-A of the LA Municipal Code, the applicant shall pay the applicable
Recreation and Park fees for construction of apartment buildings.
Utilities (Solid Waste). Recycling bins shall be provided at appropriate locations to promote
recycling of paper, metal, glass, and other recyclable material.
Other Conditions
Pedestrian Bridge. Prior to issuance of a building permit for the proposed pedestrian bridge
connection over St. Paul Avenue, between the subject project and the Piero development (i.e., the

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
applicant's initial-phase, approximately 225-unit mixed-use development located at 616 S. St. Paul
Avenue, approved under Case No. DIR 2001-3665-SPP), design approval shall be obtained from
the Cultural Affairs Commission.
Posting of Construction Activities. The adjacent residents shall be given regular notification of
major construction activities and their duration. A visible and readable sign (at a distance of 50
feet) shall be posted on the construction site identifying a telephone number for inquiring about the
construction process and to register complaints. To better serve area residents, text on this sign
shall be provided in both English and Spanish.
Construction-related 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 to transport workers on any
residential street in the immediate area. All construction vehicles shall be stored on site unless
returned to their owners base of operations.
Truck Traffic Restricted Hours. Truck traffic directed to the project site for the purpose of
delivering materials or construction-machinery shall be limited to the hours beginning at 9:00 AM
and ending at 3:00 PM, Monday through Friday. No truck deliveries shall occur outside of that
time period. No truck queuing related to such deliveries to the project site shall occur on any local
or collector street within the project vicinity outside of that time period.
Administrative Conditions
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.
Code Compliance. Area, height and use regulations of the zone classification of the subject
property shall be complied with, except as such regulations are herein specifically varied or
required.
Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the any
building plans submitted to the City Planning Department and/or the Department of Building and
Safety.
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 an 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.
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.

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609 St. Paul Avenue

C-13

I

43.

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.

44.

Modification. The authorized use shall be conducted at all times with due regard for the character
of the surrounding neighborhood. The right is reserved to the Department of City Planning to
impose additional corrective conditions if such conditions are deemed necessary for the protection
of the neighborhood. (Note: Conditions cannot be modified to be less restrictive, except as allowed
by these conditions or City law, except by filing a new application).

45.

Utilization of Entitlement. The applicanVowner shall have a period of two years from the
effective date of the subject grant for the Specific Plan Exception and Project Permit Compliance
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
grant, the applicant files a written request and is granted an extension to the termination period for
up to one additional year pursuant to applicable provisions 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. If a building permit is obtained during this period, but
subsequently expires, this determination shall expire with the building permit.
46.

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.

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609 St. Paul Avenue
FINDINGS

1.

General Plan Land Use Designation. The subject property is located within the area covered by
the Westlake Community Plan, which was adopted by the City Council on September 16, 1997
(Case No. CPC-94-0212-CPU). The Plan Map designates the subject property for Regional
Center Commercial which corresponds to the following zones C4, C2, RAS3, RAS4, P, and PB.

Chapter Ill - Land Use Policies and Programs. The housing objectives of the Westlake Community
plan are based on an analysis of the existing zoning, housing characteristics, and the socioeconomic makeup of the community. The Community Plan the following relevant objectives with
respect to Residential land use:
a.

To designate a supply of residential land adequate to provide housing of the types, sizes,
and densities required to satisfy the varying needs and desires of all segments of the
community's population.

b.

To conserve and improve existing viable housing for persons desiring to live in Westlake,
especially low and moderate income families.

Central City West Specific Plan. The subject property is located within the Wilshire Corridor
District of the Central City West Specific Plan. The Central City West Specific Plan Ordinance No.
166,703 (effective April 3, 1991) was amended by Ordinance Nos., 167,944 and 176,519 (effective
June 29, 1992 and April 19, 2005, respectively).

The Central City West Specific Plan zoning of the site is C4(CW)-Ul6 which requires compliance
with Section 12.16 of the LAMC ("C4" Commercial Zone). Section 12.16 C of the LAMC provides
that a front yard is not required, nor are side and rear yard required for buildings erected and used
exclusively for commercial purposes. However, for all portions of buildings erected and used for
residential purposes, side and rear yards conforming to the requirements of the R4 Zone (LAMC
Section 12.11 C 2 and 3) shall be provided and maintained at the floor level of the first story used
for residential purposes. Pursuant to Section 8 A 2 of the Specific Plan, the "U" height designation
permits a maximum elevation of 1,268 feet above mean sea level for any building or structure
located between Bixel Street and the Harbor Freeway. Finally, the site is designated to permit a
maximum floor area ratio of 6 to 1.
Specific Plan Exception Findings (For Approval).

As set forth in Section 115.7 F I(a) of the Municipal Code, in granting an exception from a specific
plan, the Area Planning Commission shall impose conditions to remedy any resulting disparity of
privilege that are necessary to protect the public health, safety, welfare and to assure compliance
with the objectives of both the general plan and the purpose and intent of the specific plan. An
exception from a specific plan shall not be used to grant a special privilege, nor to grant relief from
self-imposed hardships.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
a.

The strict application of the regulations of the specific plan to the subject property would
result in practical difficulties or unnecessary hardships inconsistent with the general
purpose and intent of the specific plan.
Request Nos. 1 a,l b and 2 (Reduced Yards)
The Central City West Specific Plan zoning of the site is C4(CW)-Ul6 which requires
compliance with Section 12.16 of the LAMC ("C4" Commercial Zone). Section 12.I 6 C of
the LAMC provides: that a front yard is not required, nor are side and rear yards for
buildings erected and used exclusively for commercial purposes. However, for all portions
of buildings erected and used for residential purposes, side and rear yards conforming to
the requirements of the R4 Zone (LAMC Section 12.11 C 2 and 3) shall be provided and
maintained at the floor level of the first story used for residential purposes.
According to the applicant, the Department of Building and Safety has (in the past) allowed
parking for commercial purposes (and parking for mixed use buildings) to maintain the
setbacks allowed in commercial zones (i.e., no setback has been required for side and rear
yards for buildings erected and used exclusively for commercial purposes). However, in the
event that this project's parking levels are not viewed by Building and Safety as
"commercial" and are viewed as "residential," the applicant has requested an exception to
allow the commercial setbacks to be allowed. However, the applicant has stated that the
residential portions of the building will meet all required residential setbacks.
Request No. 3 (On-site Trees)
Section 8 D 2 (b) (Appendix D - Residential Projects and the Residential Portion of Mixed
Use Projects) of the Central City West Specific Plan requires all multi-family residential
projects to conform to eight (8) separate urban design guidelines. Guideline number 6
requires one tree on-site for every dwelling unit. Strict application of this Plan guideline
would require the provision of 350 trees (on-site). Given the limited space on which to plant
trees, the strict application of this Specific Plan requirement would result in practical
difficulties, which are inconsistent with the general purpose and intent of the Specific Plan.
Further, the applicant is required to place as many of the required trees not planted on-site
in parks or as street trees at other locations within the Specific Plan area or within Council
District 1. Alternately, the applicant may donate $100 to the Mayor's Million Trees LA
initiative for every required tree not planted on-site.
Request No 4 (On-site Open Space)
Section 8 D 2 (a) of the Central City West Specific Plan requires that all multi-family
residential projects include a minimum of 150 square feet of open space on-site for each
dwelling unit constructed. Strict application of this Plan regulation would require the project
to provide a minimum of 52,500 square feet of open space on-site.
As proposed, the project provides approximately 38,683 square feet of on-site open space,
as follows: 17,500 square feet as private open space (balconies); three courtyards (ranging
in size from 5,264 to 9,076 square feet) totaling 16,834 square feet; a 749 square foot roof
deck; and an approximate 3,600 square foot gym (including lounge areas and locker
rooms). To allow for any additional common open space would result in practical difficulties

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue

or unnecessary hardships inconsistent with the general purpose and intent of the specific
plan, as it would almost certainly necessitate a redesign of the project.
b.

There are exceptional circumstances or conditions that are applicable to the subject
property or to the intended use or development of the subject property that do not generally
apply to other properties within the specific plan area.
Request Nos. 1 a,l b and 2 (Reduced Yards)
Due to the unusual configuration of the site (i.e., location of an alley which basically runs
down the middle of the site) the strict application of the regulations of the Specific Plan
(with respect to yards for the commercial portions of the building) serve no practical
purpose in this instance along these areas and creates a dead space which will not provide
any practical benefits to either the subject or adjoining properties.
Request No. 3 (On-site Trees)
The provision of on-site trees on a 1:l basis per dwelling unit is problematic, and in this
specific instance would necessitate a redesign of the project (around the trees).
Request No 4 (On-site Open Space)
With respect to the provision of Open Space, the exceptional circumstance applicable to
the intended development of the subject property that does not generally apply to other
properties within the Specific Plan area is that the proposed project (the Lorenzo) will be
connected to the Piero project via a pedestrian bridge (which will cross St. Paul Avenue).
As such, the two projects for the purposes of Open Space may be considered a Unified
Development, meaning the Common Open Space in both projects will be available for use
by residents of both projects.

c.

The requested exception is necessary for the preservation and enjoyment of a substantial
property right or use generally possessed by other property within the geographically
specific plan in the same zone and vicinity but which, because of such special
circumstances and practical difficulties or unnecessary hardships is denied to the property
in question.
Request Nos. 1 a.1 b and 2 (Reduced Yards)
The granting of the exception to allow for reduced yards adjacent to an existing parking
structure and along an alley(south and east property lines) is necessary to the preservation
and enjoyment of a substantial property right consistent with other property in the vicinity.
Request No. 3 (On-site Trees)
The requested exception for reduced on-site trees is necessary for the preservation and
enjoyment of a substantial property right as the provision of on-site trees on a 1:l basis per

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
dwelling unit is problematic, and in this specific instance would necessitate a redesign of
the project (around the trees).
Request No 4 (On-site Open Space).
The requested exception is necessary for the preservation and enjoyment of a substantial
property right or use generally possessed by other property within the geographically
specific plan in the same zone and vicinity but which, because of such special
circumstances and practical difficulties or unnecessary hardships is denied to the property
in question. See Finding 3-b above.
d.

The granting of the exception will not be detrimental to the public welfare and injurious to
property or improvements adjacent to or in the vicinity of the subject property.
Request Nos. 1 a.1 b and 2 (Reduced Yards)
The granting of the exception to allow for reduced yards adjacent to an existing parking
structure and along an alley will not be detrimental to the public welfare nor injurious to
property or improvements in the vicinity of the subject property. See Findings 3-a and 3-b
above.
Request No. 3 (On-site Trees)
The granting of the exception for on-site trees will not be detrimental to the public welfare
nor injurious to property or improvements adjacent to or in the vicinity of the subject
property in that the applicant (as a condition of this approval) is required to provide the
remaining 233 trees (i.e., the remainder of the required 350 trees not placed on-site) in
parks or open space located within the specific plan area and/or within the jurisdiction of
Council District 1. Alternately, the applicant may donate $100 to the Mayor's Million Trees
LA initiative for every required tree not planted on-site.
Request No 4 (On-site Open Space).
The granting of the exception for on-site open space will not be detrimental to the public
welfare nor injurious to property or improvements in the vicinity of the subject site in that as
residents of the proposed project (the Lorenzo) will be able to use the Common Open
Space within the adjacent project (the Piero). The two projects may be considered a unified
development with respect to common open space because they are connect via a
pedestrian bridge (which will cross St. Paul Avenue).

e.

The granting of the exception is consistent with the principles, intent and goals of the
specific plan.
Request Nos. 1 a,l b and 2 (Reduced Yards)
The granting of the exception to allow for reduced yards will have no effect on the
principles, intent and goals of the specific plan.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
Request No. 3 (On-site Trees)
The granting of the exception for on-site trees will consistent with the principles, intent and
the goals of the specific plan with respect to the provision of trees in that the applicant is
required to provide the remainder of the required 350 trees not placed on-site in the
specific plan area and/or within the jurisdiction of Council District 1. Alternately, the
applicant may donate $100 to the Mayor's Million Trees LA initiative for every required tree
not planted on-site.
Request No 4 (On-site Open Space).
In as much as the residents of the proposed project (the Lorenzo) will be able to use the
Common Open Space within the adjacent project (the Piero) because they are connected
via a pedestrian bridge, the granting of the exception for reduced on-site open space can
be considered consistent with the principles, intent and goals of the specific plan.
4.

Specific Plan Exception Findings (for disapproval).

a.

The strict application of the regulations of the specific plan relative to the Section I I C 2 (a)
to the subject property WOULD NOT result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and intent of the specific plan.

Request No. 5 (Low lncome Dwelling Units)
Section 11 C 2(a) of the Central City West Specific Plan requires all multiple-family
residential or mixed use projects be subject to either a Replacement Dwelling Unit or 15
percent lnclusionary Housing requirement, whichever results in the greater number of
affordable dwelling units. The Replacement Dwelling Unit requirement specifically requires
replacement "on a one-for-one basis in the form of new dwelling unit construction, Low and
Very Low lncome Dwelling Units and/or guest rooms demolished on the lot or lots on or
after February 14, 1988."
City records indicate the prior existence of a three-story apartment hotel on the subject site,
which was located at 1072 W. 6th Street and contained 59 guest rooms and one dwelling
unit. The building was constructed in April, 1925 and a demolition permit for its removal
was issued on July 26, 1990. Since demolition occurred after February 14, 1988, the
Specific Plan's Replacement Dwelling Unit provision is applicable to the subject project.
Sixty (60) replacement Low lncome Dwelling Units would result in a greater number of
dwelling units than the 15 percent lnclusionary Housing requirement, which would require
53 Low lncome Dwelling Units for a 350-unit housing development.
As part of this application, the applicant has requested an exception to allow zero (0)
percent of the proposed 350 dwelling units to be designated and reserved as Low lncome
Dwelling Units and a waiver of any payment of in-lieu fees.

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
The adopted findings for the Specific Plan make it clear that the affordable housing
requirements are predicated on the concepts of a housing linkage fee for commercial
development, replacement housing for demolished affordable housing units, and a 15%
inclusionary housing requirement. According to Finding No. 80 from the administrative
record that was used in the litigation involving the Plan, the purpose of these requirements
are:
" to provide housing in proportion to the probable household income distribution of the

future work force and address the need of the existing residential community for
affordable housing. It is estimated that the residential Replacement Housing
Requirement will produce approximately 2,100 low income units and the lnclusionary
Zone Requirement will produce approximately another 1,200 low income units."
However, the applicant has not provided any relevant facts that indicate that the strict
application of this particular regulation of the Central City West Specific Plan would result in
practical difficulties or unnecessary hardships. As this is one of several projects the
applicant has proposed within the Plan area, it is clear that the applicant is quite aware of
the plan requirements with respect to affordable housing, and as such, the applicant has
created a self-imposed hardship. Therefore, it is not clear that the strict application of this
regulation of the Central City West Specific Plan to the subject property would, in fact,
result in practical difficulties or unnecessary hardships inconsistent with the general
purpose and intent of the specific plan. Further, several options have been recommended
herein, which serve to aid the applicant in the compliance with this Plan provision.
b.

There are NO exceptional circumstances or conditions that are applicable to the subject
property or to the intended use or development of the subject property that do not generally
apply to other properties within the specific plan area.
Request No. 5 (Low Income Dwelling Units)
There are no exceptional circumstances or conditions applicable to the subject property (or
the development of the property that do not generally apply to other properties within the
specific plan area) that would allow for an exception from the provision of the Low Income
Dwelling Units. Although the subject project would produce needed housing and improve
the jobs-housing balance for the downtown area, these benefits do not create exceptional
circumstances which justify the granting of the required exception. Further, in addition to
promoting housing production and improving the jobs-housing balance, a stated purpose of
the Plan is to protect the existing residential community from further displacement and to
provide new housing in proportion to the need by household size and income associated
with the existing community (i.e., protecting the existing residential community for further
displacement due to gentrification). The subject project, as proposed, does not address
these Plan purposes.

c.

The requested exception is not necessary for the preservation and enjoyment of a
substantial property right or use generally possessed by other property within the
geographically specific plan in the same zone and vicinity but which, because of such

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue

special circumstances and practical difficulties or unnecessary hardships is denied to the
property in question.

Resuest No. 5 (Low Income Dwelling Units)
The finding for special circumstances and practical difficulties cannot be made, as the
affordable housing requirement is applicable to all mixed use projects within the Plan area
providing over 10 dwelling units.
d.

The granting of the exception will be detrimental to the public welfare and injurious to
property or improvements adjacent to or in the vicinity of the subject property.

Request No. 5 (Low lncome Dwelling Units)
The granting of an exception allowing the applicant not to provide the required affordable
Replacement Dwelling Units, nor pay any in-lieu fee for that purpose, will be detrimental to
the public welfare in that this would set an adverse precedent by permitting no checks and
balances for market rate and luxury housing developments within the Plan area to displace
(by virtue of driving rents and property values up) the working poor. The Specific Plan's
affordable housing provisions were established to minimize the displacement of the area's
residents due to demolitions of the existing housing stock and new development.
e.

The granting of the exception is not consistent with the principles, intent and goals of the
specific plan.

Request No. 5 (Low lncome Dwelling Units)
The granting of any exception to ignore the Plan provisions with respect to affordable
housing will be injurious to the stated goals of the Specific Plan and would substantially
undermine the principles, intent and goals Central City West Specific Plan.
5.

Specific Plan Project Permit Compliance Review Findings. Pursuant to Section 11.5.7 C of
the Municipal Code and the Central City West Specific Plan:

a.

That the Project substantially complies with all applicable regulations, standards and
provisions of the Central City West Specific Plan.

The subject property is located within the area covered by the Westlake Community Plan,
which was adopted by the City Council on September 16, 1997 (Case No. CPC-94-0212CPU). The Plan Map designates the subject property for Regional Center Commercial
which corresponds to the following zones C4, C2, RAS3, RAS4, P, and PB. The Central
City West Specific Plan zoning of the site is C4(CW)-Ul6 which requires compliance with
Section 12.16 of the LAMC ("C4"Commercial Zone). The proposed project is consistent
with the Regional Center Commercial land use designation of the Westlake Community
Plan and the C4 zoning of the site as excepted, herein. Further, the project, as

 Case No. APCC-2006-1300-SPE-SPP
609 St. Paul Avenue
recommended for approval and as conditioned herein, will substantially comply with all
applicable regulations, standards and provision of the Central City West Specific Plan.
b.

That the Project incorporates mitigation measures, monitoring measures when necessary,
or alternatives identified in the environmental review which would mitigate the negative
environmental effects of the Project, to the extent physically feasible.
The proposed project, as conditioned herein, incorporates mitigation measures that for the
reasons set forth in Proposed Mitigated Negative Declaration No. ENV-2004-6616-MND,
will prevent any significant effect on the environment.

Approval of the recommended Specific Plan Exceptions and the requested Project Permit
Compliance has been made contingent upon compliance with the 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 and appropriate development in harmony
with the General Plan and the Central City West Specific Plan, and to prevent or mitigate the
potential adverse environmental effects of the subject recommended action.
The Transportation Element of the General Plan will be affected by the recommended action
herein. However the requirements for and dedication and/or improvement of project streets will
assure compliance with the goals of this General Plan Element.
The Sewerage Facilities Element of the General Plan will be affected by the recommended
action. However, the requirements for construction of sewer facilities to serve the subject project
and complete the City sewer system for the health and safety of City inhabitants will assure
compliance with the goals of this General Plan Element.
Street Lights. Any City required installation or upgrading of street lights is necessary to complete
the City street improvement system so as to increase night safety along the streets which adjoin
the subject property.
Environmental. The project was issued a Mitigated Negative Declaration by the City Planning
Department (log reference number ENV-2004-6616-MND) pursuant to the City of Los Angeles
Guidelines for the Implementation of the California Environmental Quality Act.
Fish and Game. The subject project, which is located in Los Angeles County, will not have an
impact on fish or wildlife resources or habitat upon which fish and wildlife depend, as defined by
California Fish and Game Code Section 711.2 The project qualified for the De Minimus Exemption
from Fish and Game Fees (AB 3158).